EAC Agenda 12/03/2008 ENVIRONMENTAL ADVISORY COUNCIL
AGENDA
December 3, 2008
9:00 A.M.
CHANGE OF LOCATION: Community Development and Environmental Services (CDES)
Room 609/610
I. Call to Order
II. Roll Call
III. Approval of Agenda
IV. Approval of November 5, 2008 meeting minutes
V. Upcoming Environmental Advisory Council Absences
VI. Land Use Petitions
A. Planned Unit Development Rezone PUDZ-2007-AR-11320
McMullen MPUD
Section 14, Township 50 South, Range 26 East
VII. New Business
A. Telemetry Points Question and Answer
VIII. Old Business
(Item VIII. A. to be heard prior to Item VI.)
A. Determination of date[s] for EAC workshop with the Rural Lands Stewardship
Area Review Committee regarding its Phase II Report, which is a review of the
Rural Lands Stewardship Area Overlay.
B. Update members on projects
IX. Subcommittee Reports
X. Staff Comments
Xl. Council Member Comments
XII. Public Comments
XIII. Adjournment
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Council Members: Please notify Summer Araque, Environmental Services Senior
Environmental Specialist no later than 5:00 p.m. on November 27, 2008 if you cannot
attend this meeting or if you have a conflict and will abstain from voting on a petition (530-
6290).
General Public: Any person who decides to appeal a decision of this Board will need a
record of the proceedings pertaining thereto; and therefore may need to ensure that a
verbatim record of proceedings is made, which record includes the testimony and
evidence upon which the appeal is to be based.
i. me November 5, 2008
MINUTES OF THE MEETING OF THE COLLIER COUNTY
ENVIRONMENTAL ADVISORY COUNCIL
Naples, Florida, November 5, 2008
LET IT BE REMEMBERED, that the Collier County Environmental
Advisory Council in and for the County of Collier, having conducted
business herein, met on this date at 9:00 AM in REGULAR SESSION at
Building "F" of the Government Complex, Naples, Florida, with the
following members present:
CHAIRMAN: William Hughes
VICE CHAIRMAN: Dr. Judith Hushon
Noah Standridge
David Bishof
Nick Penniman
Michael V. Sorrell (Excused)
Dr. Llew Williams (Excused)
Paul Lehmann
Quin Kurth
ALSO PRESENT: Steve Williams, Assistant County Attorney
Susan Mason, Principal Environmental Specialist
Stan Chrzanowski, PE, Engineering Manager
Summer Araque, Sr. Environmentalist Specialist
Chris D'Arco, Principal Environmental Specialist
1
ENVIRONMENTAL ADVISORY COUNCIL AGENDA
November 5,2008
9:00 A.M.
CHANGE OF LOCATION: Community Development and Environmental Services(CDES)
Room 609/610
Call to Order
II. Roll Call
III. Approval of Agenda
lV. Approval of the October 1,2008 meeting minutes
V. Upcoming Environmental Advisory Council Absences
VI. Land Use Petitions
A. Planned Unit Development Rezone PUDZ-2005-AR-8674
Hilton Hills RPUD
Section 13,Township 48 South, Range 25 East
VII. New Business
A. Background of RLSA program
VIII. Old Business
B. Update members on projects
IX. Subcommittee Reports
A. Habitat Advisory Committee Update from Chair
X. Staff Comments
A. Update members on RLSA Review Phase II
B. December and January meetings at CDES
Xl. Council Member Comments
XII. Public Comments
XIII. Adjournment
Council Members: Please notify Summer Arague, Environmental Services Senior Environmental
Specialist no later than 5:00 P.M. on October 30, 2008 if you cannot attend this meeting or if you
have a conflict and will abstain from voting on a petition(252-6290).
General Public: Any person who decides to appeal a decision of this Board will need a record of the
proceedings pertaining thereto; and therefore may need to ensure that a verbatim record of proceedings is
made,which record includes the testimony and evidence upon which the appeal is to be based.
November 5,2008
I. Call to Order
Chairman Hughes called the meeting to order at 9:00AM.
II. Roll Call
Roll call was taken and a quorum was established.
III. Approval of Agenda
Dr. Hushon moved to approve the agenda. Second by Mr. Penniman. Carried
unanimously 7-0.
IV. Approval of the October 1,2008 meeting minutes
Mr. Penniman moved to approve the minutes of the October 1, 2008 meeting.
Second by Mr. Lehmann. Carried unanimously 7-0.
V. Upcoming Environmental Advisory Council Absences
None
Mr. Penniman reported Richard Miller, former Environmental Advisory Council
member passed away.
The Council determined to hear item X—A & B next.
X. Staff Comments
A. Update members on RLSA Review Phase II
Tom Greenwood,Comprehensive Planning provided an overview on the
status of the RLSAC (Rural Lands Stewardship Area Review Committee.) He
noted the Environmental Advisory Council (EAC) reviewed the Phase I
Techinical Review prepared by the Review Committee on May 6, 2008. The
Phase II Report is a detailed review of the Plan and Policy of the Rural Lands
Stewardship Area and has not yet been completed and will not be reviewed by
the EAC as scheduled on November 12, 2008. The Review Committee has
decided to present an Executive Summary to the Board of County
Commissioners(BCC)requesting approval of 3 recommendations contained
in a draft memo he submitted to the Council dated 11-04-08, Re: "Draft
(subject to revisions)" prepared by Thomas Greenwood.
Summer Araque recommended any discussions regarding this decision by
the Review Committee be held under agenda item "New Business."
Chairman Hughes noted he has been informed the Review Committee wants
to move forward (applicable reports, recommendations, etc.)directly to the
BCC without the standard policy of review by the EAC.
B. December and January meetings at CDES
Summer Araque reported the following
• December and January meetings will be held on Horseshoe Drive at
the CDES building.
• Due to budget constraints, Environmental Advisory Council minutes
will now be"abbreviated."
2
November 5,2008
She requested Council members to stay on task and remain focused on the
issues to assist in expediting the meetings.
VI. Land Use Petitions
A. Planned Unit Development Rezone PUDZ-2005-AR-8674
Hilton Hills RPUD
Section 13,Township 48 South,Range 25 East
The presenters were sworn in.
Kim Schlachta of Boylan Environmental Consultants provided an
overview of the Petition highlighting the following:
• The project is located on the northwest corner of Livingston Road and
the School Access Road (Learning Way.)
• There are no flow ways located adjacent to or on the property.
• The proposed Preserve would be located on the north side of the site to
allow for potential adjacent off site mitigation.
• The wetlands on-site do not meet the County criteria for wetland
preservation.
• A Bear(Florida Black Bear) and Big Cypress Fox Squirrel
Management Plan will be prepared for the project.
• No listed species were identified on-site.
• All wetland impacts proposed will require approval by the SFWMD.
Discussion ensued regarding whether Learning Way contains culverts to allow
water to discharge under the road alleviating any backup that may occur on
the site which may cause flooding.
Michael Delate,Q. Grady Minor& Assoc.noted the issue will be addressed
by the Stormwater System Design yet to be completed.
Discussion ensued regarding the composition of the existing hydric vegetation
on site which indicates it was historically a wetland. Concern that the project
control elevation is 1.5' below grade which may effectively drain the site or
adjacent properties.
Michael Delate noted the control elevations at Royal Palm Academy across
the Livingston Road is 12.7' and for Livingston Road in this area is 11.25' as
determined by South Florida Water Management District(SFWMD) several
years ago. The ultimate control elevation for the project will be established by
these pre-determined parameters. The project's control elevations will not be
lower than any surrounding control elevations.
Mr. Bishof noted the Livingston Road established control elevation is low
and"probably a mistake" and effectively drains the systems in the area.
Michael Delate agreed but noted recently the SFWMD have required
designers to exceed control elevations in projects and the proposed project
will require their review.
3
November 5, 2008
Stan Chrzanowski,PE,Engineering Manager noted the application is a re-
zone of land and the Consultant is not required to submit detailed stormwater
designs at this point.
In addition, some of the SFWMD pre-determined control elevations were
made before more recent data has been made available.
Michael Delate noted the Livingston Road determination occurred in 1993,
and this determination may not be the same if made today.
Chris D'Arco, Principal Environmental Specialist stated Staff recommends
approval of the Residential Planned Unit Development Rezone No: PUDZ-
2005-AR-8674"Hilton Hills"with the following conditions:
Stormwater Management:
I. The applicant must obtain a water management permit from the South
Florida Water Management District prior to the approval of the Site
Development Plan.
Environmental:
1. A copy of the approved SFWMD jurisdictional determination shall he
submitted to the County staff at the next Development Order.
2. Provide Florida Black Bear and Big Cypress Fox Squirrel Management
Plans as part of the next Development Order.
Dr.Hushon recommended the Preservation Management Plan incorporate a
monitoring plan to ensure if the quality of the Preserve does degrade, and
reported to the County so any necessary action may be taken.
Dr. Hushon moved to accept (approve) the Petition (Planned Unit
Development Rezone PUDZ-2005-AR-8674, Hilton Hills RPUD, Section 13,
Township 48 South, Range 25 East) subject to the above Staff
recommendations and the Management Plan for the Preserve provide for
monitoring the health of the flatwoods and if any stress in observed it be
reported to the County Environmental (Staff) so any necessary action may
be taken. Second by Mr. Standridge.
Mr. Penniman and Mr. Bishof noted this is the only Environmental
Advisory Council (EAC) review required for the proposed project and
expressed concern the Petition information is not specific enough regarding
hydrology and would like to see it return with more information.
Discussion ensued on the monitoring condition contained in the motion.
Chris D'Arco stated the Preserve will be required to be monitored and the
Plan will indicate if any adverse impacts are found the County will address the
issue.
Stan Chrzanowski read the following statement found on page 4 of the Staff
Report for the project into the record:
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November 5, 2008
Section 8.06.03 0.2 of the Collier County Land Development Code states:
"The surface water management aspects of any petition, that is or will be
reviewed and permitted by the South Florida Water Management District
(SFWMD), are exempt from review by the EAC except to evaluate the criteria
of allowing treated stormwater to be discharged into Preserves as allowed in
Section 3.05.07. -
He
.05.07. "He noted any decision made should not be based on the"Water Management"
aspects of the proposal.
A discussion ensued regarding the feasibility of transportation connections of
the project with adjacent lands.
Wayne Arnold of Q. Grady Minor& Assoc. stated the project has offered
to share the connection of this project with adjacent lands to the west via its
proposed access on Learning Way.
Motion carried 5— `yes', 2— "no" Mr. Penniman and Mr. Bishof voted
no.
Mr. Bishof voted"no"as he is concerned with the off-site affects of the
project in terms of disturbing the hydrology and resources of adjacent
properties.
Mr. Penniman voted"no" as he is concerned the Preserve is located on the
North side and the elevations of proposed road located in the middle of the
site are not provided. The related stormwater may drain into the Preserve
which is in the purview of the EAC.
VII. New Business
A. Background of RLSA program
Dr. Hushon reported she has attended a majority of the Rural Lands
Stewardship Advisory Committee meetings and noted the current proposal is
to not allow the EAC to"initially"review the Phase II Report before it is
finalized. She is concerned the EAC review will be reduced to revising
wording in the document as opposed to addressing the concepts proposed.
She introduced a draft memo to the Board of County Commissioners of
Collier County,Florida from The Environmental Advisory Council - Subject
"Request to Retain the Two-step Review Process of the RLSA Phase Il
Report"dated November 5, 2008 for consideration.
A discussion ensued regarding the ramifications of the Review Committee
proposal.
Speaker
Nicole Ryan, Conservancy of Southwest Florida addressed the Council
noting the Conservancy supports the concept of the EAC and Collier County
Planning Commission reviewing the initial draft of Phase II of the Report.
5
November 5, 2008
She submitted a letter supporting this position from Andrew McElwaine,
President and CEO of the Conservancy and herself, (Government Relations
Manager)to Board of County Commissioners Chairman Tom Henning- Re:
"RLSA Review Committee's Submittal of the RLSA Phase Two Report"
dated November 3,2008.
Dr. Hushon moved to send the proposed memo to the Board of County
Commissioners as the Environmental Advisory Council's opinion and to
include the record of the vote in the memo. Second by Mr. Lehmann.
Carried unanimously 7-0.
It was determined the entire Council present will sign the memo.
VIII. Old Business
It was noted there was no item"A"on the agenda.
B. Update members on projects
Dr. Hushon requested Staff notify Council members via email when the
Hilton Hills Petition is submitted to South Florida Water Management District
for review.
IX. Subcommittee Reports
A. Habitat Advisory Committee Update from Chair
Dr.Hushon, Chairman of the Habitat Conservation Plan Advisory
Committee provided an update on the status of the Committee noting the
main purposes of the Habitat Conservation Plan (HCP)would be to allow
Collier County to issue"take permits" locally as opposed to the Florida Fish
and Wildlife Conservation Service or the U.S. Fish and Wildlife Service. She
highlighted the following:
• The Committee has been directed by the Board of County
Commissioners to focus on a HCP for the Red Cockaded
Woodpecker.
• The concept of an HCP including other listed species for the
Immokalee Urban Area is still being discussed by various
stakeholders.
• The concept would assist in expediting the permit process for
landowners or developers.
X. Staff Comments (continued)
A. Update members on RLSA Review Phase H
Previously heard.
B. December and January meetings at CDES
Previously heard.
Steve Williams, Assistant County Attorney addressed the Council
reviewing the Sunshine Law and noted the following:
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November 5, 2008
• At a recent Rural Lands Stewardship Advisory Committee meeting, 3
members of the EAC were present and addressed the Committee. That
was not a clear violation of the Sunshine Law; however it could lead to
a violation depending on the nature of discussions which may occur at
the meeting.
He recommended the practice of multiple members of attending these types of
meetings be ceased.
If individual Advisory Board members choose to ignore this recommendation,
the County Attorney's Office should be notified so appropriate action may be
taken (proper noticing, etc).
These types of Sunshine Law violations may result in the following:
• Exposing oneself to personal liability or sanction by the State of
Florida.
• Placing the issue discussed in jeopardy.
• Placing the entire meeting in jeopardy.
He re-addressed some issues from the October EAC meeting Sunshine Law
presentation conducted by County Attorney Jeff Klatzkow.
Further, if the Council so desires, it may consider authorizing one member to
attend a particular meeting to act as a liaison.
In addition, he recommended the Council sign the above memo (Rural Lands
Stewardship Advisory Committee memo to be sent to the Board of County
Commissioners) while the meeting is still convened.
Dr. Hushon and Mr. Standridge stated they plan on attending the next Rural
Lands Stewardship Advisory Committee meeting.
It was noted Staff will review the status of the Public Notice(i.e.,has the
meeting already been noticed, etc.) and take any actions necessary.
Xl. Council Member Comments
Mr. Penniman reported the Board of County Commissioners has agreed to have an
energy audit conducted on County Facilities. The audit is to be funded by the
Conservancy of Southwest Florida and the Audubon Society. It will be completed by
March 31, 2009. Skip Camp, (Director of Facilities and Management)will be the
County liaison for this project.
XII. Public Comments
None
There being no further business for the good of the County, the meeting was
adjourned by the order of the Chair at 11:25AM.
7
•
November 5, 2008
COLLIER COUNTY ENVIRONMENTAL
ADVISORY COUNCIL
Chairman William Hughes
These Minutes were approved by the Board/Chairman on
as presented , or as amended
8
Item VI. A.
ENVIRONMENTAL ADVISORY COUNCIL
STAFF REPORT
MEETING OF DECEMBER 3,2008
I. NAME OF PETITIONER/PROJECT
Petition No.: PUDZ-2007-AR-11320
Petition Name: McMullen MPUD
Applicant/Developer: Sembler family Partnership#42, Ltd.
Engineering Consultant: RWA Consulting, Inc
Environmental Consultant: Passarella and Associates
II. LOCATION
The subject property is generally located '/2 mile east of the northeast quadrant of
the Collier Boulevard (CR951)/Rattlesnake-Hammock Road (CR864)
intersection, in the south 1/2 of the Southeast '/4 of the Southwest 1/4 of Section 14,
Township 50 South, Range 26 East, Collier County, Florida.
III. DESCRIPTION OF SURROUNDING PROPERTIES
The proposed Planned Unit Development(PUD) is bordered by vacant lands to
the north and south, Swamp Buggy Days PUD and the proposed Toll Rattlesnake
Hammock Development of Regional Impact(DRI)to the east and Hammock Park
Commerce Center PUD to the west.
ZONING DESCRIPTION
N - Agriculture (A) Vacant Lands
S - Agriculture (A) Vacant Lands
E - Swamp Buggy Days PUD and the Swamp Buggy Grounds
proposed Toll Rattlesnake Develop- and vegetated lands
ment of Regional Impact(DRI)
W - Hammock Park Commerce Center PUD Vacant Lands
approved for 200,000 square feet of
commercial (retail, including up to
50,000 feet of office floor area)
EAC Meeting
Page 2 of 10
IV. PROJECT DESCRIPTION
The McMullen MPUD is a proposed 19.32 acre mixed-use development.
consisting of up to 185,000 square feet of commercial building floor area(medical
office offices and medical related uses, general offices, offices for contractors, and
limited "heavy" commercial uses), up to 48 multi family dwelling units or some
combination of commercial and residential development. The MPUD Master
Plan depicts the location of 14.36 acres of commercial/residential area including a
potential residential development area, 3.23 acres of native preservation area and
1.73 acres of proposed right-of-way area. The 1.73 acres along the southern edge
will be dedicated for the future extension of Rattlesnake Hammock Road.
V. GROWTH MANAGEMENT PLAN CONSISTENCY
A. Future Land Use Element:
The subject site is designated Urban (Urban Commercial District, Mixed Use
Activity Center Subdistrict #7, and Urban Mixed Use District, Urban Residential
Fringe Subdistrict), as depicted in the Future Land Use Element (FLUE) and on
the Future Land Use Map (FLUM) of the Growth Management Plan(GMP). The
n project is reviewed within the context of both subdistricts.
Mixed Use Activity Center (MUAC): Via a private sector-initiated GMP
amendment approved in 2003, the subject MUAC #7 text was amended to read as
follows, with staff analysis noted in brackets:
The maximum amount of commercial uses allowed at Activity Center #7
(Rattlesnake Hammock Road and Collier Boulevard) is 40 acres per quadrant,
except that the northeast quadrant may have a total of 59 acres, for a total of 179
acres maximum in the entire Activity Center; the balance of the land area shall be
limited to non-commercial uses as allowed in Mixed Use Activity Centers [One
such use — residential — included on Exhibit A as item A.1]. With respect to the
19+/- acres in the northeast quadrant of Activity Center #7 [site of this proposed
McMullen MPUD], said acreage lying adjacent to the east of the Hammock Park
Commerce Center PUD, commercial development [exclusive of the allowed "1/4
mile support medical uses"] shall be limited to a total of 185,000 square feet.
Support medical facilities are restricted to locations in the Urban Designation as
described in the following excerpted paragraph contained in the Urban
Designation of the Future Land Use Element. The underlined sentence is the
governing standard for the location of support medical facilities in the Urban
Designation.
"11. Support medical facilities - such as physicians' offices,
medical clinics, medical treatment centers, medical research
centers and medical rehabilitative centers, and pharmacies -
EAC Meeting
Page 3 of 10
provided the dominant use is medical related and the site is
located within 'A mile of existing or approved hospitals or
medical centers which offer primary and urgent care
treatment for all types of injuries and traumas, such as, but
not limited to, North Collier Hospital. The distance shall be
measured from the nearest point of the tract that the hospital
is located on or approved for, to the project boundaries of
the support medical facilities. Approval of such support
medical facilities may be granted concurrent with the
approval of new hospitals or medical centers which offer
primary and urgent care treatment for all types of injuries
and traumas. Stipulations to ensure that the construction of
the support medical facilities is concurrent with hospitals or
medical centers shall be determined at the time of zoning
approval. Support medical facilities are not allowed under
this provision if the hospital or medical center is a short-
term leased facility due to the potential for relocation."
The location of the support medical facilities must be located within the 1/4 mile
standard above or will be found inconsistent with this standard. Staff realizes that
/� the petitioner understands the opinion of the Comprehensive Planning Staff and
disagrees and that the resolution of the location of the medical related land uses
will be made as a policy decision by the Board of County Commissioners.
The MUAC Subdistrict promotes mixed use development, and specifically states:
"mixed use projects are intended to be developed at a human scale, pedestrian-
oriented, and interconnected with adjacent projects - whether commercial or
residential. Street, pedestrian pathways, and bike lane interconnections with
adjacent properties, where possible and practical, are encouraged." Staff notes the
MPUD: allows a mixture of residential and commercial uses; includes
interconnections with adjacent properties to the north and west and the site abuts a
road to south and east; does not request deviations from LDC requirement to
provide sidewalks; building heights are allowed at 50 feet in the
commercial/mixed use tract. However, this project does not, and cannot, per the
Activity Center text specific to this site - allow many of the typical commercial
uses (neighborhood retail and personal service) that would be mixed with
residential in the same building.
Density for mixed use projects may be calculated utilizing the entire acreage
within the MUAC, in this case the entire 19.32 acres in the MPUD.
Urban Residential Fringe (URF): Residential density is limited to a maximum of
1.5 dwelling units per acre, or up to 2.5 dwelling units per acre via the transfer
(Transfer of Development Rights-TDR) of up to one dwelling unit per acre from
EAC Meeting
Page 4 of 10
lands designated as Rural Fringe Mixed Use District Sending Lands and located
within one mile of the URF. Exhibit B of the MPUD provides for the base
density of 29 units (1.5 dwelling units per acre) and the use of TDR's to achieve
maximum density of 48 units (2.5 dwelling units per acre); specific standardized
text regarding TDR's has been added to Exhibit B, as requested by staff. Exhibit
B, page 1, does correctly address the residential density limits (29 multi-family
dwelling units without TDR's and 48 dwelling units with TDR's) as provided for
in the FLUE and can be found consistent.
Based upon the above analysis, Comprehensive Planning staff finds the proposed
Mixed Use Plan Unit Development rezoning to be inconsistent with the Future
Land Use Element, as noted above. However, it may be found consistent IF the
above amendments to the PUD Exhibits are made.
B. Conservation & Coastal Management Element
Objective 2.2 of the Conservation and Coastal Management Element of the
Growth Management Plan states "All canals, rivers, and flow-ways discharging
into estuaries shall meet all applicable federal, state, or local water quality
standards.
To accomplish that, Policy 2.2.2 states "In order to limit the specific and
cumulative impacts of stormwater runoff, stormwater systems should be designed
in such a way that discharged water does not degrade receiving waters and an
attempt is made to enhance the timing, quantity, and quality of fresh water
(discharge)to the estuarine system.
This project is consistent with the objectives of Policy 2.2.2 in that it attempts to
mimic or enhance the quality and quantity of water leaving the site by utilizing
interconnected dry detention areas and lakes to provide water quality retention and
peak flow attenuation during storm events.
The Project will implement Policy 2.2.2. of the CCME through the utilization of
the Best Management Practices Matrix currently being promulgated by the
SFWMD. Water quality treatment through the use of best management practices
in accordance with SFWMD criteria provide the necessary reasonable assurances
that adverse water quality impacts to receiving waters will not occur. The
volumetric detention and the control structures are designed so that the post-
development peak discharge rate does not exceed the pre-development peak
discharge rate.
In addition, the site is designed in accordance with Collier County Ordinance 90-
10. This ordinance further limits the post-development peak discharge rate to a
EAC Meeting
Page 5ofl0
maximum of 0.15 cfs/acre or less depending on the specific water management
basin in which the Project is located. This limitation was introduced by Collier
County to assist in mitigating the uncontrolled discharge rates produced by
developments that were developed prior to the implementation of modern water
management regulations.
The Project is planned to incorporate natural systems for water management in
accordance with their natural functions and capabilities as may be required by
Objective 1.5 of the Drainage Sub-Element of the Public Facilities Element.
The Project will implement Policy 2.2.3 of the CCME by the use of appropriate
biological and mechanical controls in storm water detention ponds. Manufacturers
and U.S. Environmental Protection Agency (EPA) guidelines for chemical use in
aquatic habitat will be followed.
The Project implements Policy 6.1.1 of the CCME in that native preserves will be
incorporated into the Project design. The preserve area is depicted on the MPUD
Master Plan. The preserve area will be maintained free from trash and debris and
from Category I invasive exotic plants, as defined by the Florida Exotic Pest Plant
Council. The Project is consistent with Policies 6.1.1(3) and 6.2.6 of the CCME in
that the Collier County native vegetation preserve area will be placed under a
conservation easement dedicated to Collier County. Land uses allowed in these
areas will be limited to those listed in Policy 6.2.5(5)d of the CCME and will not
include any other activities that are detrimental to drainage, flood control, water
conservation, erosion control, or fish and wildlife habitat conservation and
preservation.
The Project is consistent with Policy 6.1.4 in that prohibited invasive exotic
vegetation will be removed from the project site.
The Project is consistent with Policy 6.1.8 by submission of this EIS document.
The Project is consistent with Policy 6.2.2 in that wetlands on-site have been
delineated pursuant to Section 373.019, Florida Statutes.
The Project is consistent with CCME Policy 7.1.2 in that a wildlife survey has
been conducted in accordance with the requirements of the Florida Fish and
Wildlife Conservation Commission (FFWCC) and the US Fish and Wildlife
Service (USFWS).
EAC Meeting
Page 6 of 10
VI. MAJOR ISSUES
A. Stormwater Management
The McMullen PUD sits on the east side of the Florida Power and Light (FPL)
power line service road that sits about a quarter mile east of and parallel to the
Henderson Creek canal. A look at the topography shows that historical flow in
this area was to the southwest. That flow was intercepted by the canal that was
dug when Route 951 (Collier Blvd) was built and some of that sheet flow appears
to have been interfered with by the FPL service road which is raised above grade
(see topography).
This project sits in the Henderson Creek Basin and per Collier County Ordinance
2001-27, the allowable discharge rate is 0.15 cubic feet per second per acre (cfs),
so for what is roughly an 18 acre site, the maximum allowable peak discharge
would be about 2.7 cfs.
The Henderson Creek Canal flows south alongthe east side of Collier Blvd 951
( )
from the approximate intersection of Davis Blvd. and Route 951, flows over a
weir just north of Route 41, and flows out into Rookery Bay through Henderson
Creek.
The Conceptual Water Management Plan for this site, which may be changed
during the review by the review agencies, calls for two interconnected "potential"
lakes that discharge from the southwest corner through a control structure and into
the Henderson Creek Canal. The lakes are "wet detention areas" that provide
water quality retention, residence time, and peak flow attenuation. The
conceptual water management plan does not call for any water treatment in the
preserves.
Section 8.06.03.0.2. of the Collier County Land Development Code states "The
surface water management aspects of any petition, that is or will be reviewed and
permitted by South Florida Water Management District (SFWMD), are exempt
from review by the EAC except to evaluate the criteria for allowing treated
stormwater to be discharged into Preserves as allowed in Section 3.05.07."
The site contains SFWMD jurisdictional wetlands, and was reviewed for
stormwater management by SFWMD. A copy of the SFWMD Environmental
Resource Permit # 11-02130-P, issued on October 10, 2002 for the entire 35.13
acres known as "Hammock Park Commerce Center" was included with the EIS
submittal. These permits usually have a 5 year life. A permit extension was
applied for on July 30, 2007 and withdrawn. A telephone call was placed to
SFWMD staff by County staff to determine the status of the permit and County
staff was told that application 070823-17 for the improvements to the west half of
permit 11-02130-P (approved February 8, 2008) keeps the entire permit active.
EAC Meeting
Page 7 of 10
/'•
B. Environmental
1. Site Description
The Project site is highly disturbed and invaded by melaleuca. Of the 19.32±
acres on the Project, 2.80± acres are considered native vegetation according to the
native vegetation definition of the Conservation and Coastal Management
Element(CCME) of the GMP (Policy 6.1.1(1)).
2. Wetlands
The Project contains 15.01± acres of South Florida Water Management District
(SFWMD) wetlands. The wetlands consist of disturbed freshwater systems. A
high level of exotic vegetation exists within the wetlands. The invasive exotic
plant species melaleuca dominates most of the wetlands on-site. The construction
of the Project will result in impacts to 14.26± acres of SFWMD wetlands. These
wetland impacts have already been authorized by SFWMD Permit No. 11-02130-
P) issued on October 10, 2002 (Exhibit 11). The SFWMD approved wetland lines
have been survey located and are depicted on the FLUCFCS and wetlands maps.
3. Preservation Requirements
A minimum of 15 percent of the 2.8 acres of vegetation native vegetation is
required to be retained or replanted. Therefore, 0.42 acres is required to meet
Collier County preservation requirements. The applicant has designed the site plan
with a 0.84± acre Collier County preserve area consisting of wetlands and
uplands. In addition, 2.39± acres of other agency preserves are included on-site
The applicant has considered several different site designs and has placed the
preserve area where it is ecologically beneficial. Due to factors related to the site
location, shape, and size, the placement of the preserve area has been limited. The
long, skinny shape of the Project site limits opportunity for providing preserve
areas. Also right-of-way will be taken from the Project along the south edge for
improvements to Rattlesnake Hammock Road. The high percentage of exotic
vegetation on the Project site further limits opportunities for preserve areas. The
best existing native vegetation occurs within the upland area mapped as
FLUCFCS Code 4119 E2, which is located in the center of the project site. The
long, skinny shape of the project site precludes the opportunity for retaining native
vegetation in this central location. According to CCME Policy 6.1.1(12), "there
are situations where the application of the retention requirements of this Policy is
not possible. In these cases, creation or restoration of vegetation to satisfy all or a
portion of the native vegetation retention requirements may be allowed."
EAC Meeting
Page 8 of 10
To satisfy the native vegetation retention requirement, the Project provides a
0.84± acre preserve area on its northern boundary. This preserve area incorporates
0.03± acre of native upland habitat. The remaining 0.81± acre of the preserve
area consists of melaleuca wetlands and uplands. The exotics will be removed
from the preserve area and a native plant community will be re-created in the
0.81± acre of wetlands. Plantings will be conducted per LDC requirements for
created preserves. The 0.03± acre of native uplands within the Collier County
preserve area will be enhanced by exotic removal.
4. Listed Species
Passarella& Associates, Inc. conducted a listed species survey on the property on
January 17, 2007. No listed plant or wildlife species, or listed wildlife species sign
(i.e., burrows,tracks, scat) were observed on-site during the January 2007 survey.
During the red-cockaded woodpecker (Picoides borealis) surveys conducted by
Pascrell & Associates, Inc. on the Project site during October and November 2003
and May 2004, one listed wildlife species, the white ibis (Endocumis albus), was
observed. The white ibis is listed as a species of special concern by the Florida
Fish and Wildlife Conservation Commission(FWCC) and is not listed by the U.S.
Fish and Wildlife Service (USFWS).
VII. RECOMMENDATIONS
Staff recommends approval of PUDZ-2007-AR-11320 McMullen MPUD with the
following stipulation:
Environmental and Stormwater Management:
The project must obtain an environmental Resource Permit from the South Florida
Water Management District prior to issuance of any site plan approvals.
•
EAC Meeting
Page 9 of 10
PREPARED BY:
Ate ( IONetIOB
STAN CHRZANOWS 4 , P.E. DATE
ENGINEERING RE W MANAGER
ENGINEERING SERVICES DEPARTMENT
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UMMER ARAQ E DATE
SENIOR ENVIRONMENTAL SPECIALIST
ENVIRONMENTAL SERVICES DEPARTMENT
,,a,th. 1 ). l
NANCY G A D H, AICP DATE
PRINCIPA1 1, A "' ER
DEPARTM T OF ZONING AND LAND DEVELOPMENT REVIEW
+ EAC Meeting
Page l0of10
REVIEWED BY:
//-/- F
S ;AN ASON DATE
RINC 'AL ENVIRONMENTAL SPECIALIST
RONMENTAL SERVICES DEPARTMENT
/®'r8-"6
IAM D. LO(NZ, Jr. '.E. DATE
ENVIRONMENTAL SERVICES DEPARTMENT DIRECTOR
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JEF' GHT DATE
ASST. ANT COUNTY ATTORNEY
OFFI E OF THE COLLIER COUNTY ATTORNEY
APPROVED BY:
Al, -,- `I' / o_'
J 0 PH K. SCHMITT
fMMUNITY
DA1'
DEVELOPMENT &ENVIRONMENTAL SERVICES
1 MINISTRATOR