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EAC Agenda 02/04/2009 ENVIRONMENTAL ADVISORY COUNCIL AGENDA February 4,2009 9:00 A.M. Commission Boardroom W. Harmon Turner Building (Building "F")—Third Floor I. Call to Order II. Roll Call III. Approval of Agenda IV. Approval of January 7, 2009 meeting minutes V. Upcoming Environmental Advisory Council Absences VI. Land Use Petitions A. Special Treatment Permit ST-2008-AR-13958 (Fast Track) North Naples Fire District Station#48 Section 13,Township 48 South, Range 25 East B. Planned Unit Development PUDZ-2004-AR-6829 "Davis Reserve PUD" Section 8,Township 50 South, Range 26 East C. Planned Unit Development Rezone PUDZ-2007-AR-12046 Mirasol PUD Section 22, 10, 15,Township 48 South, Range 26 East D. Conditional Use CU-2003-AR-3725 NGALA CU Section 30,Township 49 South, Range 27 East VII. New Business VIII. Old Business A. Update members on projects and updates IX Subcommittee Reports X. Council Member Comments XI. Public Comments XII. Adjournment Council Members: Please notify Summer Araque, Environmental Services Senior Environmental Specialist no later than 5:00 p.m. on Thursday, January 29, 2009 if you cannot attend this meeting or if you have a conflict and will abstain from voting on a petition (239-252-6290). 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. January 7, 2009 MINUTES OF THE MEETING OF THE COLLIER COUNTY ENVIRONMENTAL ADVISORY COUNCIL Naples, Florida, January 7, 2009 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 Collier County Development Community Services, Conference Room #609/610 2800 N. Horseshoe Drive, Naples, Florida, with the following members present: CHAIRMAN: William Hughes VICE CHAIRMAN: Dr. Judith Hushon Noah Standridge (Excused) David Bishof Nick Penniman Michael V. Sorrell Dr. Llew Williams Paul Lehmann Ninon Rynerson 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 Tom Greenwood, Comprehensive Planning William Lorenz, Director, Environmental Services 1 ENVIRONMENTAL ADVISORY COUNCIL AGENDA January 7,2009 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 December 3,2008 meeting minutes V. Upcoming Environmental Advisory Council Absences VI. Land Use Petitions A. Planned Unit Development PUDZ-2007-AR-11100 "Taormina Reserve MPUD" Section 9, Township 50 South, Range 26 East B. Site Development Plan Amendment No. SDP-2008-AR-13029 The Conservancy of Southwest Florida SDPA Section 27& 34,Township 49 South, Range 25 East C. Excavation Permit No. EXP-2008-AR-12838 Hogan island Quarry Section(s)9, 10, 15, 16,21, and 22,Township 47 South, Range 28 East VII. New Business A. Background of RLSA program-Tom Greenwood and others VIII. Old Business A. Update members on projects IX Subcommittee Reports X. Council Member Comments XI. Public Comments XII. Adjournment ***** * «,******* ** «..+►.***** *, «w.*«,`,**** * Council Members: Please notify Summer Arague. Environmental Services Senior Environmental Specialist no later than 5:00 p.m. on December 30. 2008 if you cannot attend this meeting or if you have a conflict and will abstain from voting on a petition (239-252-6290). 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. January 7, 2009 L Call to Order Chairman Hughes called the meeting to order at 9:00 AM. II. Roll Call Roll call was taken and a quorum was established. III. Approval of Agenda Dr. Williams moved to approve the agenda. Second by Mr. Penniman. Carried unanimously 7-0. Chairman Hughes noted a letter had been previously received by the Environmental Advisory Council from the Board of County Commissioners,which requested the Council restrict the area of application reviews to "environmental concerns." Mr. Penniman requested clarification if issues such as proposed artificial lighting and hours of operation, etc. may be considered as "environmental concerns." Steve Williams, Assistant County Attorney noted these types of issues may be considered environmental concerns; Council members should use discretion in determining if these issues are relevant environmental concerns on a"case by case" basis. Mr. Lehmann arrived at 9:03AM IV. Approval of the October 1,2008 meeting minutes Dr. Hushon moved to approve the minutes from the December 3, 2008 meeting subject to the following correction: • Page 6, line 5, - from"Ray Bauer"to Dr. Michael Bauer, City of Naples." Second by Mr. Lehmann. Carried unanimously 8-0. V. Upcoming Environmental Advisory Council Absences None VI. Land Use Petitions A. Planned Unit Development PUDZ-2007-AR-11100 "Taormina Reserve MPUD" Section 9,Township 50 South,Range 26 East The presenters were sworn in. Andy Woodruff of Passarella and Associates and Mark Minor of Q. Grady Minor provided an overview of the application noting the following: • The project is located South of Davis Blvd. and East of Santa Barbara Blvd. Extension• • The surrounding land uses are residential, commercial, Collier County Boys and Girls Club and Naples Heritage Golf Course. • The site is characterized by existing native and non-native vegetation. 2 January 7,2009 • A wetlands jurisdictional determination by the SWFMD identified 46.5 acres of wetland. • Listed species surveys were conducted identifying Wood Stork, Butterfly Orchid and 2 species of Talangia. • The native preservation requirement is 20.98 acres; 28.88 acres are proposed for preservation, which provides habitat for the listed species. • The northwestern portion of the site was previously utilized as settling ponds for sewage treatment. • The soil in the settling pond area was tested with no contaminations of concern identified. • None of the listed species outside the Preserve area are proposed to be re- located to the Preserve area. The Council requested the applicant maintain a sufficient quantity of the identified listed plant species to ensure a representative sample of the population remains on site(relocation to the proposed Preserve if necessary, etc.). Stan Chrzanowski, PE, Engineering Manager provided a brief overview of the watershed management in the area, which indicated no adverse impacts by the proposed project. A discussion ensued regarding the benefits of utilization of"semi-pervious type" materials (brick pavers, crushed shell)in pedestrian and vehicle traffic areas to allow stormwater to permeate through the surface as opposed to directly running off the area. It was noted these types of applications still require sub-base materials that compact and discourage water infiltration(shed water as opposed to allowing water to pass through into the underlying soil). However, the South Florida Water Management District (SFWMD)is considering some type of"credits"for designs that utilize this concept. Chris D'Arco, Environmental Specialist stated Staff recommended approval of the Petition subject to the following conditions: (Page 10 of 12 of the "Environmental Advisory Council Staff Report Meeting of January 7, 2009" for the Petition.) 1. The Petitioner must obtain an Environmental Resources Permit(ERP)from the SFWMD (South Florida Water Management District)prior to approval of the Site Development Plan application. 2. An updated Red-Cockaded Woodpecker survey shall be submitted at the first Development Order if required by the Florida Fish and Wildlife Conservation Commission (FWCC) or the U.S. Fish and Wildlife Service (USFWS). Provide Florida Black Bear and Big Cypress fox squirrel management plans as part of the next Development Order. 3 January 7, 2009 3. At the time of the next Development Order,provide a hydro period analysis for the project site or apply whatever current LDC amendment is in effect regarding evaluating stormwater discharge into upland preserves. 4. The preserve management plan required as part of the next Development Order shall include provisions for annual monitoring to determine potential impacts of stormwater on preserve's vegetation. The property owner will be required to replace vegetation adversely impacted by the stormwater with vegetation that will be suitable for future conditions. Wayne Arnold, Q. Grady Minor and Assoc. stated the applicant has addressed the issue of density calculations in relation to land use requirements within the Future Land Use Element(FLUE) identified by Staff as an area of concern on the bottom of page 5 and top of page 6 of the "Environmental Advisory Council Staff Report Meeting of January 7, 2009". Dr.Hushon moved to approve the Petition ("Planned Unit Development PUDZ- 2007-AR-11100 Taormina Reserve MPUD, Section 9, Township 50 South, Range 26 East") subject to the above conditions (#'s 1-4) outlined by Staff. Second by Mr. Lehmann. Carried unanimously 8-0. B. Site Development Plan Amendment No.SDP-2008-AR-13029 The Conservancy of Southwest Florida Section 27 & 34,Township 49 South, Range 26 East Mr. Penniman excused himself from participating in the review of this Petition stating he is Chairman of the Board of the Conservancy of Southwest Florida. Mr. Penniman left the meeting. The presenters were sworn in. Andrew McElwaine of the Conservancy of Southwest Florida, Frank Feeney of Hole Montes,Inc. and Geza Wass de Czege of Southern Biomes, Inc. provided an overview of the project noting the following: • The project consists of the re-development of the existing Conservancy site on Airport Pulling Road and 14`h Ave. • It will link the Naples Zoo and Gordon River Greenway with the Conservancy site. • Existing buildings will be either upgraded or removed,with existing buildings renovated and new buildings constructed reflecting the latest science and technology. • The buildings will be utilized for Offices, Animal Hospital and Educational facilities,etc. • All buildings will be LEED (Leadership in Energy and Environmental Design)certified. • There is a proposed direct linkage to the Naples Zoo. 4 January 7, 2009 • A non-required stormwater treatment facility will be constructed at the expense of the Conservancy to treat stormwater that currently traverses through the site(Coastland Mall Stormwater, etc.) • The required Stormwater Treatment will provide for the water to initially enter vegetated swales,to a carbon filter structure, to a dry detention system overflowing into a wet treatment system discharging into a vegetated swale and filter marsh before final discharge to the Gordon River. • A new, secondary access road utilizing curb cut onto Goodlette Frank Road is proposed. • The proposed access from Goodelette Frank Road traverses a 5 acre Preserve which contains Gopher Tortoises • The access Road will utilize a 100-foot wide bridge which will allow the Tortoises to move throughout the areas. • The Preserve will be interconnected to the Naples Zoo property allowing the Tortoises to enter this area as well. • This interconnection will also promote breeding diversity within the populations in the area. Discussion ensued on the necessity of an additional proposed road which would access Goodlette Frank Road and whether the site could be serviced utilizing the existing access on 14th Ave. Andrew McElwaine noted the additional access is necessary for the provision of emergency services should the access off of 14th Ave become impeded. Discussion followed regarding origination of the concept of using a non- conventionally designed Stormwater Treatment system(vegetation filtration before sediment settles out of the stormwater). Also, maintenance concerns regarding the ongoing cleaning and inspection required of the filter system. Frank Feeney noted the South Florida Water Management District recommended the design concept. Discussion took place concerning the list provided in the Petition which identified 30 species of plants to be planted in the vegetated zones treating storm water. Chairman Hughes requested Staff provide the list of species to Collier County Transportation Department for consideration of incorporating the plantings into applicable stormwater treatment areas. It was noted the Conservancy is conducting on-going water quality tests for the condition of stormwater which enters the Gordon River The Council requested within 2 years, the Conservancy provide the results of the water quality testing to determine the effects of the project improvements on the quality of stormwater discharged to the Gordon River. Chris D'Arco, Environmental Specialist stated Staff recommended approval of the project subject to the following conditions: (on Page 7 of 9 of the n 5 January 7, 2009 "Environmental Advisory Council Staff Report Meeting of January 7, 2009"for the Petition). 1. This project must receive a SFWMD ERP prior to Site Development Plan approval. 2. A Florida Fish and Wildlife Conservation Commission relocation permit shall be obtained for the Gopher Tortoises(Gopherus polyphemus)found on site prior to the commencement of construction activities and a copy shall be forwarded to staff. 3. Provide a report to the Environmental Services staff on the results of the relocation of the Gopher Tortoises within thirty days of relocation. The report must contain the following information: the number of burrows excavated, the number of tortoises relocated and the final relocation site. 4. The removal of any vegetation within the proposed preserve shall he by hand only. No mechanical clearing is permitted. 5. A supplemental planting plan shall be submitted for environmental staff review in the event that it is determined that the natural recruitment of foraging herbaceous species cover is not adequate. Stan Chrzanowski, PE,Engineering Manager noted the Stormwater Treatment system is unconventional; however it will be monitored to determine how these types of system function long term. He provided a brief overview of the watershed management in the area. Freedom Park and Hole in the Wall Golf Course are taking steps to improve the water quality of the Stormwater discharges into the Gordon River. Mr. Lehmann requested clarification from the Transportation Department if any analysis has been completed for an improvement to 14th Ave and/or the existing access point eliminating the need for an additional separate access road which bisects the Preserve. John Podczerwinsky Transportation Department stated the Department has not analyzed any proposed improvements for the site at the existing access on 14th Ave. He stated the proposed access will alleviate commercial traffic on the residential street of 14`h Ave.,but does not encourage the new curb cut on Goodlette Frank Road, which may degrade the current level of service of the roadway in that area. Dr. Hushon moved to accept the Petition (Site Development Plan Amendment No. SDP-2008-AR-13029, The Conservancy of Southwest Florida. Section 27 & 34, Township 49 South, Range 26 East)subject to the conditions outlined (#'s 1-5) by Staff and the Conservancy provide the results of the Water Quality monitoring in 2 years. Second by Mr. Sorrell. Motion carried 7- `yes"1 - "no". Mr. Lehmann voted"no." 6 January 7, 2009 Mr. Lehmann stated he applauded the Environmental considerations the applicant utilized in the proposal but the issue of improving the existing access point and/or 141h Ave. has not been fully investigated which may possibly eliminate the need for a proposed access road bisecting the Preserve. Break— 10:45AM Reconvene— 10:55AM Mr. Penniman returned. C. Excavation Permit No. EXP-2008-AR-12838 Hogan Island Quarry Section (s) 9, 10, 15, 16, 21 and 22 Township 47 South, Range 28 East The presenters were sworn in Robert Mulhere Emilio Robau of RWA,Inc.,Tim Hall of Turrell,Hall and Assoc. and George Varnadoe of Cheffy,Passidomo, Wilson and Johnson represented the applicant and provided an overview of the application highlighting the following: • The Conditional Use Petition for the project was recommended to the Board of County Commissioners for approval by the Environmental Advisory Council on May 7,2008 and the Collier County Planning Commission on June 5, 2008. • The Board of County Commissioners approved the Conditional Use Petition on July 7, 2008 with conditions. • The Petition is for the Excavation Permit. • The site is 967 acres with a maximum 740 acres of excavation. • The plant will operate 24 hours a day, blasting will be involved. A document entitled "Conditions of Approval Hogan Island Quarry, CU-2006- AR-10805" and the outlined proposed, Environmental Services and Transportation conditions contained therein was submitted for consideration. Attached was Appendix #1 "Hogan Island Dust Control Plan, Rinker Materials." The document demonstrated compliance with all permit conditions set forth by the County in the Conditional Use application. Stan Chrzanowski,PE, Engineering Manager provided an overview of the LIDAR mapping in the area. The following was noted: • Truck drivers arrive approximately 1-2 hours before the quarry opens and there is a lengthy access roadway to allow stacking of vehicles internally within the project. (As opposed to stacking on Immokalee Road). • The project is located a significant distance from Corkscrew sanctuary and will not have an adverse impact on the wildlife which inhabits the area. 7 January 7, 2009 • The work will be completed in phases,with only the work area being artificially lit with downward pointed, shielded lighting. • Blasting is heavily regulated by various Agencies. Discussion ensued regarding the Florida Panther and the concern of increased early morning Panther fatalities caused by the excavation operation. Robert Mu!here noted the applicant will pay their fair share of funds (not to exceed$20,000) for a proposed wildlife crossing on Immokalee Road with the location yet to be determined. Discussions took place on the various other avenues of protecting the Florida Panther from vehicle fatalities in the area(warning horns or flashing lights, high pitched whistlers on vehicles, etc.) Mr. Penniman stated at the May 7, 2008 meeting the Conditional Use application was reviewed and he raised the issue of the findings of the Strategic Aggregates Review Task Force Report to the Legislature and subsequently has confirmed they found there was "no significant crises of supply of aggregate materials"(in Florida). Mr. Penniman moved to approve Excavation Permit No. EXP-2008-AR-12838 Hogan Island Quarry, Section (s) 9, 10, 15, 16, 21 and 22 Township 47 South, Range 28 East subject to the recommendations (conditions of approval document referenced above) and the following conditions. 1. The applicant adhere to the document "Conditions of Approval Hogan Island Quarry, CU-2006-AR-10805"and attached Appendix #1 "Hogan Island Dust Control Plan, Rinker Materials. " 2. The work area artificial lighting shall be shielded, downward pointed lighting (so lighting is diverted from adjacent properties). 3. Flashing caution lights and signage be posted on the east and west ends of Camp Keais Strand to warn drivers of the eminent danger of Panthers crossing the road. Said sign and lights subject to the applicant receiving the appropriate permits. 4. A sign be posted on the access road (in the area where drivers would stack before the quarry opens or other appropriate location)to warn drivers of Panthers crossing the roadways in the area. Said sign to be in Spanish and English. Mr. Bishof recommended a permit condition requiring the project not to commence until the Panther Crossing for Immokalee Road is constructed. He noted the proposed signage and warning lights are not adequate enough to address the impacts on the Panther. 8 January 7, 2009 Motion carried 7`yes—I "no." Mr. Bishof voted"no." Mr. Bishof stated he voted"no"expressing concern over the traffic impacts on the Panthers and the project does not contain adequate provisions to mitigate the impacts. Break— 12:05PM Reconvene— 1:00PM (Ms. Rynerson did not return) VII. New Business A. Background of RLSA program—Tom Greenwood and others Tom Greenwood, Comprehensive Planning,Bill Lorenz, Environmental Services Director; Anita Jenkins and Bruce Johnson of Wilson Miller presented a slide show presentation as primer to the upcoming Environmental Advisory Council Special evaluation of the Rural Lands Stewardship Area Advisory Group Phase II Report. In conjunction with the slideshow he submitted the following documents: • Excutive Summary "Recommend to review and approve the February, 2008 Report of the Rural Lands Stewardship Area Committee entitled "Rural Land Stewardship Area Five-Year Review, Phase 1-Technical Report"for use in the Rural Lands Stewardship Overlay District Phase 2 Report and authorize transimittal to the Florida Department of Community Affairs. " • Document "Rural Lands Stewardship Area Maturity (Proposed Rural Lands Stewardship Area Overlay")prepared by Wilson Miller • Document "The Collier County Rural Lands Stewardship Overlay" presented to the Board of County Commissioners June 12,2002,Updated January 7, 2009. • Document"Rural Lands Stweardship Area Five-Year Review—Phase 1 — Technical Review" • Document"Rural Land Stewardhship Sending Area (SSA)Land Charachteristics Summary"Spreadsheet last updated 11/25/2008. It was noted the Conservation Easements generated within the Program are deeded to Collier County and/or the Department of Agriculture and Consumer Services and are perpetual. Tom Greenwood noted he would provide information to anyone interested on how to obtain the GIS data utilized for the Program. The Phase 2 Report will be reviewed by the Environmental Advisory Council on January 29, 2009 with a carryover day of February 5, 2009, if necessary 9 . January 7, 2009 Chairman Hughes requested permission to invite representatives within the Solar Power industry to address the Committee on Solar Power issues. The Committee agreed with the request. VIII. Old Business A. Update members on projects None IX. Subcommittee Reports None X. Council Member Comments Mr. Lehmann noted he continues to work on the Mission Statement. Dr. Hushon requested Staff to notify her when the"Keewaydin"project is scheduled for the Board of County Commissioners Agenda. Dr. Williams suggested the County require future applicants monitor the vegetative filters proposed within projects to ensure they continue to function as intended. Summer Araque recommended the Committee draft proposed Land Development Code language on the suggestion for presentation to the Board of County Commissioners who would direct Staff to undertake the amendment. XI. 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 2:41 PM. COLLIER COUNTY ENVIRONMENTAL ADVISORY COUNCIL Chairman William Hughes These Minutes were approved by the Board/Chairman on as presented , or as amended 10 Item VI.A. ENVIRONMENTAL ADVISORY COUNCIL STAFF REPORT MEETING OF FEBURARY 4,2009 I. NAME OF PETITIONER/PROJECT Petition No.: Special Treatment-2008-AR-13958 Petition Name: North Naples Fire District—Station#48 Applicant/Developer: North Naples Fire District Engineering Consultant: WilsonMiller, Inc. Environmental Consultant: WilsonMiller, Inc. II. LOCATION: The subject site is located on east side of Livingston Road, approximately 1.50 miles north of the intersection of Immokalee Road and Livingston Road and approximately .75 miles south of the intersection of Livingston Road and Veteran's Memorial Boulevard, located in Sectionl3, Township 48 South, Range 25 East. III. DESCRIPTION OF SURROUNDING PROPERTIES: The subject site is bounded by the Della Rosa PUD (undeveloped residential) to the north, Rural Agricultural (undeveloped) to the south, Rural Agricultural (preserve use associated with the Della Rosa SDP currently under review) to the east and Livingston Road right-of-away (then undeveloped Agricultural zoning) to the west. The zoning of the subject property is Rural Agricultural. ZONING DESCRIPTION N - Della Rosa PUD Undeveloped residential S- Rural Agricultural Undeveloped E -Rural Agricultural Preserve use W-Livingston Road Right-of-way IV. PROJECT DESCRIPTION: The applicant proposes to construct a two-story 12,952 square foot fire station with associated parking, utilities and a surface water management system on 3.4 acres. EAC Meeting Page 2 of 8 V. GROWTH MANAGEMENT PLAN CONSISTENCY: A. Future Land Use Element The subject site is designated Urban/Urban Mixed Use District/Urban Residential Sub district as depicted on the countywide Future Land Use Map and in the Future Land Use Element. Relevant to this petition, this designation allows essential services as provided for in the Collier County Land Development Code. The subject site is zoned "A,"Rural Agricultural. Section 2.01.03 E. of the LDC provides that certain safety service facility essential services (law enforcement, fire, and emergency medical services) are permitted uses in the "A" zoning district. Therefore, this petition may be deemed consistent with the Future Land Use Element(FLUE) of the Growth Management Plan(GMP). B. Conservation & Coastal Management Element Goal 2 The future development of Fire Station#48 is consistent with the objectives of Policy 2.2.2 (i.e., that all canals, rivers, and flow ways discharging into estuaries shall meet all applicable federal, state, and local water quality standards) through issuance of the state Environmental Resource Permit#11-02836-P, attached as Exhibit G of the EIS. Goal 6 The Fire Station#48 project will preserve is required to preserve at least 10%, which equates to 0.34 acres of the existing native vegetation on-site as required by Policy 6.1.1. Approximately 0.54 acres of existing native vegetation are proposed to be preserved. A littoral shelf planting area within the wet detention pond is shown on the Site Development Plan (Exhibit F). It meets the minimum planting area requirement in Policy 6.1.7. The requirement for an Environmental Impact Statement pursuant to Policy 6.1.8 has been satisfied. Jurisdictional wetlands have been identified as required by Policies 6.2.1 and 6.2.2. South Florida Water Management District(SFWMD) and U.S. Army Corps of Engineers (USACE) agency permits with requirements of mitigation for impacts to jurisdictional wetlands, have been acquired. Therefore,the proposed project is consistent with the Objectives and Policies of Goal 6. EAC Meeting Page 3 of 8 Goal 7 The results of a wildlife survey, in accordance with Policy 7.2.1, are included in the Environmental Impact Statement(EIS) on page 13. No listed wildlife was observed on site, however there is potential for the Big Cypress fox squirrel to use the site, based upon a squirrel nest observed on site. This species will be protected during construction. Therefore, no impacts to listed wildlife species are anticipated as a result of this project. As a result, the proposed project is consistent with the Objectives and Policies of Goal 7. Goal 11 There are no archaeological sites documented on the property. If during the course of site clearing, an archaeological or historical artifact or other indicator is discovered, development activities at that specific site shall be immediately suspended for a sufficient length of time to enable the County or a designated consultant to assess the find and determine the proper course of action with regard to its salvage ability. The County will respond to any such notification in a timely and efficient manner so as to provide only a minimal interruption to any construction activity. Therefore, the proposed project is consistent with the Objectives and Policies of Goal 11. VI. MAJOR ISSUES A. Stormwater Management The North Naples Fire Station #48 site sits within the Imperial Drainage Outlet Basin. The allowable discharge rate for that basin is 0.15 cfs per acre. Since this is a County facility, the surface water management system is required to be reviewed by SFWMD. The SFWMD approved ERP #11-92836 on May 13, 2008 (see Exhibit G of EIS) and the Army Corps of Engineers approved Permit SAJ-2007-0395 on May 23, 2008 (see Exhibit K of EIS. 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 Environmental Advisory Council (EAC) except to evaluate the criteria for allowing treated stormwater to be discharged into Preserves as allowed in Section 3.05.07." The project site is divided into two basins, DA-1 and DA-2. The proposed infrastructure is all within Basin DA-1. The runoff from Basin DA-1 will be collected in catch basins and directed to a dry pre-treatment area prior to discharge to the water management lake, with ultimate discharge to the on-site portion of the regional wetland to the east of the property. EAC Meeting Page 4 of 8 B. Environmental 1. Site Description • The 3.4-acre site consists of state and federal jurisdictional forested wetlands. This wetland consists of three (3) forested community types including cypress (FLUCCS 621), pine-cypress-cabbage palm (FLUCCS 624), and hydric pine flatwoods (FLUCCS 625). This wetland area abuts Livingston Road to the west. The presence of regional roads and nearby developed parcels has altered the natural flow of water on the property and has severed any significant wildlife corridors. Exotic vegetation consists of 50% to 75% coverage of primarily melaleuca (Melaleuca quinquinervia); with minor presence of Brazilian pepper(Schinus terebinthifolius). 2. Special Treatment Overlay As stated in section 2.03.07.D. of the Land Development Code (LDC), the Special Treatment (ST) overlay district classification will be used for those lands of environmental sensitivity and historical and archaeological significance where the essential ecological or cultural value of the land is not adequately protected under the basic zoning district regulations established by Code or by ordinance. All land within the ST overlay district shall be designated as environmentally sensitive. Section 3.03.07.D. of the Land Development Code states the purpose and intent of the ST overlay district, and reads as follows: "Within the County there are certain areas, which because of their unique assemblages of flora and/or fauna, their aesthetic appeal, historical or archaeological significance, rarity in the County, or their contribution to their own and adjacent ecosystems, make them worthy of special regulations. Such regulations are directed toward the conservation, protection, and preservation of ecological and recreational values for the greatest benefit to the people of the County. Such areas include, but are not necessarily limited to, mangrove and freshwater swamps, barrier islands, hardwood hammocks, xeric scrubs, coastal beaches, estuaries, cypress domes, natural drainage ways, aquifer recharge areas, and lands and structures of historical and archaeological significance. The purpose of the "ST" district is to assure the preservation and maintenance of these environmental and cultural resources and to encourage the preservation of the intricate ecological relationships within the systems, and at the same time, permit those types of development which will hold changes to levels determined acceptable by the BCC after public hearing." The Fire Station#48 property contains portions of ST overlay areas 13E and 13F. These ST overlay areas were originally delineated to define the approximate location of cypress domes, identified by County staff as significant resources and warranting an elevated level of protection. The majority of ST overlay area 13E extends off-site northeast of the fire station property. The portion of ST area 13E located on-site is proposed to be completely preserved and therefore does not require a ST permit. However, the proposed EAC Meeting Page 5 of 8 impact to ST overlay area 13F requires a ST permit. The site plan does not have the flexibility to implement the project and completely preserve both ST areas. Therefore, ST area 13F is proposed to be impacted. Please refer to Exhibit E of the EIS to review the ST overlay areas. The cypress dome that was the basis for ST area 13F was located entirely within the Livingston Road footprint, as indicated by pre-Livingston Road aerials. This is supported by the lack of cypress dominance in the undisturbed forested areas adjacent to the road. When Livingston Road was constructed,the two regions of the original box-shaped ST boundary that extended beyond the footprint of the road were not dissolved, even though neither fragment retained the cypress habitat that was originally determined to require the greater level of permitting. As a result, Fire Station#48 is being required to obtain a ST permit. An Environmental Impact Statement(EIS)has been submitted as it is a requirement associated with the ST permit. Final action on the site alteration plan or site development plan for a Special Treatment Permit lies with the Board of County Commissioners. 3. Wetlands The entire site is jurisdictional wetland to the South Florida Water Management District (SFWMD) based upon Environmental Resource Permit#11-02836-P staff report, attached as Exhibit G of the EIS. Similarly, the U.S. Army Corps of Engineers permit number SAJ-2007-0395 is attached as Exhibit K of the EIS. 4. Preservation Requirements The Fire Station#48 site contains 3.40 acres of native vegetation and the development is required to preserve at least 10% of it(i.e., 0.34 acres). The applicant will preserve 0.54 acres of native vegetation. 5. Listed Species A listed species survey was performed to Florida Fish and Wildlife Conservation Commission(FWC) standards from October 7 through 16, 2008. Wilson Miller ecologists observed no listed wildlife. However, one squirrel nest was observed on site indicating that there may be potential for Big Cypress fox squirrel ((Sciurus niger avicennia) to use the property. A survey will be required prior to development to ensure that no active nests are impacted as required by the Big Cypress fox squirrel management plan within the site development plan. EAC Meeting Page 6 of 8 Four species of listed epiphytic plants were identified on the site: the stiff-leaved wild pine (Tillandsia fasciculata), the reflexed wild pine (Tillandsia balbisiana), the twisted air plant(Tillandsia flexuosa), and the butterfly orchid (Encyclia tampenensis). The stiff- leaved wild pine and twisted air plant are listed as Endangered by the FDA,the reflexed wild pine is listed as Threatened by the FDA, and the butterfly orchid is listed as Commercially Exploited by the FDA. None of these species are listed by the United States Fish and Wildlife Service (USFWS). Despite their state-listed status,these species are relatively common in southwest Florida. The state prohibits the harvest and sale of these species without a permit to do so. The applicant is not proposing harvest and sale of these species. Those individuals located on native vegetation within the on-site preserve will be preserved. VII. RECOMMENDATIONS Staff recommends approval of Special Treatment Permit ST-2008-AR-13958 North Naples Fire District Station#48. EAC Meeting Page 7 of 8 PREPARED BY: • 411/ AZ JAikl 09 AN CHRZANOW , P.E. DATE ENGINEERING RE I IEW MANAGER ENGINEERING AND ENVIRONMENTAL SERVICES DEPARTMENT E . / i� 09 SUMMER ARAQ DAT SENIOR ENVIRONMENTAL SPECIALIST ENGINEERING AND ENVIRONMENTAL SERVICES DEPARTMENT c,,2..��d�'r nil I ( l CRAIG DAVIS DATE PRINCIPAL PLANNER DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW EAC Meeting Page 8 of 8 REVIEWED BY: /- /l-D, USAN AEON DATE - PRIN 'AL ENVIRONMENTAL SPECIALIST - ' INEERING AND ENVIRONMENTAL SERVICES DEPARTMENT 1,1 .. / / tk a oim iT o1 4 IAM D. LO' , Jr., P.E. DATE ENGINEERING AND ENVIRONMENTAL SERVICES DEPARTMENT DIRECTOR 'T• 1...) /• 20 0 9 5-f Gve A T, L .) I:a MJ DATE ASSISTANT COUNTY ATTORNEY OFFICE OF THE COLLIER COUNTY ATTORNEY APPROVED BY: ,rAt -:ter i/Z O p7 •.EPH K. SCHM T DATE •MMUNITY DEVELOPMENT& ENVIRONMENTAL SERVICES A DMINISTRATOR Item VI.A. ENVIRONMENTAL ADVISORY COUNCIL STAFF REPORT MEETING OF FEBRUARY 4,2009 I. NAME OF PETITIONER/PROJECT: Petition No.: PUD Rezone: PUDZ-2004-AR-6829 Petition Name: Davis Reserve PUD Applicant/Developer: Collier Davis, LLC Engineering Consultant: Coastal Engineering Consultants, Inc. Environmental Consultant: EarthBalance� II. LOCATION: The subject property is an undeveloped 22.8± acre parcel located in the south east corner of Davis Boulevard and County Barn Road, in Section 8, Township 50 South, Range 26 East, Collier County, Florida. III. DESCRIPTION OF SURROUNDING PROPERTIES: Surrounding properties are developed or currently under construction. Residential developments occur across Davis Blvd. and County Barn Road. ZONING DESCRIPTION N - Right-of-way, then Bretonne Davis Blvd.,then Terracina Park PUD Grande, a multi-story residential building within the Glen Eagle Devel- opment S - Estates Berean Baptist Church CFPUD Seacrest School E - CFPUD Seacrest School W- Right-of-way, then RMF-6(4) County Barn Road, then Napoli condominiums IAC Meeting Page 2 of 11 IV. PROJECT DESCRIPTION: The project is proposing a development that will consist of a maximum of 286 dwelling units and a maximum of 35,000 square feet of commercial/office uses on 23± acres. An Affordable Housing Density Bonus Agreement is proposed for this development that will set aside 20 percent (57 dwelling units) of the units as workforce housing units (27 units) for a total bonus density of 5.0 dwelling units per acre. The Conceptual Master Plan depicts the location of buildings, parking areas, landscape areas, storm water management areas and 5.29± acres of preservation area, which is located along the eastern and southern property boundaries. V. GROWTH MANAGEMENT PLAN CONSISTENCY: Future Land Use Element: The subject property lies within the Urban-Mixed-Use District and since June 7, 2005 —the Davis Boulevard/County Barn Road Mixed- Use Subdistrict. FLUE provisions state that, "this Subdistrict provides for development that incorporates traditional neighborhood and mixed-use neighborhood design features, as well as recommendations of the Community Character Plan (CCP). These include: pedestrian-friendly and bicycle-friendly streets; a park, small plazas and other open spaces; and, a mix of residential and neighborhood commercial uses. Integration of residential and commercial uses in the same building is encouraged." These requirements go on to state, "The commercial component shall be interconnected with the residential component, and the commercial component shall be conveniently located to serve residents in the nearby surrounding area. Pedestrian and bicycle access will be provided so as to afford access from neighboring communities to the commercial uses, residential neighborhood(s), and open spaces and paths within the Subdistrict". The Petitioner seeks to establish a Mixed-Use Planned Unit Development on the subject property, with 286 residential units, resulting in a requested density of 12.5 units per acre. 229 of these units would comprise the residential component, while 57 affordable and workforce residential units would be located above ground floor commercial establishments in mixed-use buildings. (The Petitioner proposes to attain this 12.5 unit-per-acre density by applying a density bonus awarded for providing affordable and workforce housing.) The application packet includes a proposed Affordable Workforce Housing Density Bonus Agreement (AWHDBA). EAC Meeting Page 3 of 11 This Subdistrict is made up of two distinctly different areas, tracts, or "components" — the Commercial component, and the Residential component — and developing them is governed by distinctly different provisions. Please note that staff has assessed the proposal at length and believes the Petitioner's interpretation of certain Subdistrict provisions is inconsistent with the FLUE. Staff reads the Subdistrict provisions for this Mixed-Use Planned Unit Development as expressly limiting residential development to 234 units, resulting in a density of 10.25 units per acre, based upon a consistent application of the density bonuses requested. 187 of these 234 dwellings would comprise the residential component, while no less than 47 affordable and workforce residential units would be located above ground floor commercial establishments in mixed-use buildings. Three significant issues are standing points of disagreement between Petitioner's interpretation and Comprehensive Planning staff's assessment, as follows: ✓ Whether the overall density is limited because additional density cannot be derived from locating affordable-workforce housing in the commercial part of the PUD, where bonuses are already awarded; ✓ Whether density bonuses can be derived from affordable-workforce housing units that are not geographically located in the residential part of the PUD; and ✓ Whether density blending, as residential density generated from calculations including the commercial tract can be transferred to the residential part of the PUD. Staff believes the provisions of the Davis Boulevard/County Barn Road Mixed- Use Subdistrict are being applied as adopted. The petitioner disagrees with staff's application of the provisions of this Subdistrict. In an effort to change staff's position, the Petitioner asked the County Attorney's Office (CAO) to provide an opinion regarding the Board of County Commissioners' intentions based upon Minutes of BCC deliberation on this Subdistrict, and the pertinent provisions in the Subdistrict. After review and analysis of the Minutes and Subdistrict language, the CAO found them to be inconclusive with respect to the BCC's intent. Petitioner then requested that each of these three points of disagreement be returned to the BCC to discuss their original intent, as part of this proposed re- zoning action. Staff believes the Subdistrict text accurately reflects the BCC's action in adopting it. IAC Meeting Page 4 of 11 Conservation & Coastal Management Element: In accordance with Objective 2.1 (d), until the County's Watershed Management Plans are completed, all development located within areas identified on Figure 1 within the CCME shall be evaluated to determine impacts to natural wetlands, flowways, or sloughs. The Objective also states that the County shall require the applicant to avoid direct impacts to these natural wetlands, flowways, or sloughs or, when not possible, to ensure any impact is minimized and compensated for by providing the same conveyance capacity lost by the direct impact. The evaluation provided in the Environmental Impact Statement (EIS) identified three isolated wetlands within the project site, two of—Which will be preserved as part of a larger contiguous preserve. The third, due to its size, proximi Boulevard, and location within the project site, will be directly impacted by development as allowed by Policy 6.2.4. As required by Objective 2.1 (f), all necessary state and federal environmental permits will be required prior to issuance of a final development order. 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 lakes and interconnected wetlands to provide water quality retention and peak flow attenuation during storm events. The project as proposed is consistent with the Policies in Objective 6.1 and 6.2 of the Conservation& Coastal Management Element, for the following reasons: Twenty-five percent (25 %) of the existing native vegetation shall be retained on- site and be protected by a permanent conservation easement prohibiting further development. The preservation of native vegetation includes canopy, understory and ground cover emphasizing the largest contiguous area possible. The applicant is proposing to use the preserve to store treated stormwater when run-off exceeds one and one-half inches. The proposed preserve is comprised EAC Meeting Page 5of11 solely of jurisdictional wetlands and uplands with hydric soils. Hydrological indicators show that seasonal high water levels occasionally pond approximately 12 inches above surface within the wetlands on site, and based on the site elevations provided in the EIS, would also inundate the uplands on the property during this time. Based on soil investigations, typical wet season water level is about 6 to 12 inches below surface. In accordance with Policy 6.1.1 (5) (b), receipt of treated stormwater discharge into preserves is allowed provided such use does not result in adverse impacts to naturally occurring native vegetation or harm to any listed species. Policy 6.1.1 (5) (b) requires discharge of treated stormwater to preserves having wetlands to meet water quality standards as set forth in Chapter 62-302 F.A.C. Based on the information by the applicant, staff find the project to be consistent with Policy 6.1.1 (5) (b). Final design of the project will be permitted through the SFWMD when the project comes in for final development order. Habitat management and exotic vegetation removal/maintenance plans are required at the time of Site Development Plan/construction plan submittal. In accordance with Policy 6.1.1 (6), the management plan shall include methods to address control and treatment of invasive exotic species, fire management, stormwater management, and maintenance of permitted facilities. Preserve areas shall be required to be maintained free of Category I invasive exotic plants, as defined by the Florida Exotic Pest Plant Council. Prohibited exotic vegetation shall be removed from the entire development during construction and the site shall be maintained free of prohibited exotics in perpetuity. Littoral shelf planting areas within wet detention ponds shall be required at the time of Site Development Plan/construction plan submittal, and will be required to meet the minimum planting area requirement pursuant to Policy 6.1.7 and the Land Development Code. The requirement for an Environmental Impact Statement (EIS) pursuant to Policy 6.1.8 has been satisfied. Jurisdictional wetlands have been identified as required in Policies 6.2.1 and 6.2.2. Pursuant to Policy 6.2.4, the County shall require appropriate agency permits prior to the issuance of a final local development order permitting site improvements (Site Development Plan/construction plans). As stated in Policies 6.2.3 and 6.2.4, where permits issued by jurisdictional agencies allow for impacts to wetlands within the Urban Designated Area and require mitigation for such impacts, this shall be deemed to meet the objective of protection and conservation of wetlands and the natural functions of wetlands within this area, except for wetlands that are part of a Watershed Management Plan preserve area. EAC Meeting Page 6 of 11 In accordance with Policy 6.2.6, required preservation areas are identified on the PUD master plan. Allowable uses within the preserve areas are included in the PUD document. Uses within preserve areas shall not include any activity detrimental to drainage, flood control, water conservation, erosion control, or fish and wildlife conservation and preservation. Wildlife surveys for listed species in accordance with Policy 7.1.2 are in-crude- n- _ the Environmental Impact Statement(EIS). Wildlife habitat management plans for listed species are required at the time of Site Development Plan/construction plan submittal, where applicable. No listed wildlife species have been identified on the project site. VI. MAJOR ISSUES: Stormwater Management: Davis Reserve sits within the Lely Canal Basin and according to Collier County Ordinance 2001-27 governing discharge amounts, the site is limited to an allowable discharge rate of 0.06 cfs per acre. The site also sits within the limits of the Lely Area Stormwater Improvement Project(see attached LASIP map). The petitioner's engineer has stated that the project will apply for a SFWMD permit during the Site Development design phase. 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." However, in this case, the engineer has stated his intention to incorporate the preserve areas into the stormwater management system. The proposed stormwater management system will utilize a wet detention area (lake) for water quality detention and peak flow attenuation. The engineer proposes a control elevation of 9.0 ft NGVD, but that elevation will need approval from SFWMD. The engineer proposes to grade and berm the area so that all runoff initially flows into the lake with no direct discharge into the preserve. A weir will be installed and the crest of the weir will be at the water quality treatment elevation. This will force water to back up through culverts and into the preserve area during storm peaks. The water level in the preserve will draw down to its natural level as the lake discharges through the control structure.. This drawdown must occur in ten days or less for the project to meet SFWMD 25-year, 3-day storm event criteria. EAC Meeting Page 7 of 11 LiDAR topography from January 2001 is attached. Historic flow in the area was to the south-southwest but as a result of County Barn Road being raised and swaled the flow is almost directly south. — j Environmental: Site Description: The majority of the site is vegetated with pine flatwoods (FLUCFCS Code 411). Topography on-site is relatively flat with elevations on-site ranging from approximately 8.42 to 9.41 feet NGVD. Three slightly depressed wetlands occur on the east and north sides of the property. The majority of the site contains hydric soils (Pineda Fine Sand, Limestone Substrate). Non-hydric soils (Boca Fine Sand) occur at the south west corner of the site, adjacent to County Barn Road. Wetlands: The subject property contains approximately 2.57 acres of wetlands. These include cypress, hydric Melaleuca and wet prairie. Hydrological indicators show that seasonal high water levels occasionally pond approximately 12 inches above the surface. Normal pool, or the typical wet season water level, is about 6 to 12 inches below surface based on soil investigations. Approximately 1.53 acres of wetlands will be impacted as a result of this project. Mitigation will be provided by enhancement and preservation of remaining on site wetlands. Wetlands identified for preservation include those located within upland habitats forming a large contiguous preserve. Impacts to wetlands will be assessed using the Uniform Mitigation Assessment Method (UMAM) to determine the amount of mitigation needed to accommodate for loss of wetland habitat, as the project moves through permitting with the South Florida Water Management District (SFWMD). It is anticipated that approximately 0.8 forested freshwater credits may be required for this project. Any additional mitigation which may be required will be provided by purchase of mitigation credits from either Big Cypress Mitigation Bank or Panther Island Mitigation Bank. Preservation Requirements: Approximately 21.17 acres of native habitat occur on the subject property. These include 18.96 acres of pine flatwoods (FLUCFCS Code 411), 1.17 acres of EAC Meeting Page 8 of 11 cypress (FLUCFCS Code 621) and 1.04 acres of wet prairie (FLUCFCS Code 643). Also on site are approximately 1.66 acres of near monoculture of Melaleuca. In accordance with the requirements of the Growth Management Plan and Land development Code, 25% (5.29 acres) of native vegetation are required to be retained on site. This is satisfied by 5.29 acres of preserve shown on the PUD master plan. The area to be preserved is a contiguous area which closely aligns with preserves and undeveloped land on adjacent properties. Staff visited the property with the environmental consultant in evaluating the site for the preserve requirement. The Berean Baptist Church located to the south of the proposed-- 'ect and contains undeveloped land along the east side of the parcel. Habitats within undeveloped area consist of pine flatwoods with scattered cypress. This wooded area will align with the preserve on the south side of Davis Reserve. The Seacrest School PUD is located to the east and south of the proposed project. The preserve associated with the proposed Davis Reserve site will align with the larger (new) preserve for Seacrest Upper and Lower School, however the new entrance road for the school from County Barn Road will bisect the preserves. Listed Species: EarthBalance® biologists visited the site several times beginning in December 2002 through January 2005 to map on-site habitats. A red-cockaded woodpecker (RCW) cavity tree survey was performed on July 23, 2004. No red-cockaded woodpeckers or cavity trees were identified on site. An additional listed plant and wildlife survey was conducted on October 26, 2006. Biologists looked for evidence of nests or day beds that could be used by Big Cypress fox squirrel; red-cockaded woodpecker cavity trees and gopher tortoise burrows. In addition, a listed plant species survey was conducted. No listed wildlife species or evidence of listed wildlife species were observed during this survey. A total of four listed plant species (Tillandsia spp.) were observed during the October 26, 2006 survey. None of the plants identified are listed federally. Most of the listed plants were found on slash pine and cypress. A small percentage, were observed on Melaleuca. Density of Tillandsia species varied through out the site, the locations of which are shown in the EIS. The applicant has proposed relocating Tillandsia species from proposed development areas to the on-site preserve,prior to construction. $AC Meeting Page 9 of 11 At the request of County staff, a two-day listed species survey was conducted on August 5 and 6, 2008. The survey focused on evidence of nests or day beds that could be used by Big Cypress fox squirrel and nest cavities that could be used by red-cockaded woodpecker. All suitable upland habitats were also surveyed for the occurrence of any other protected wildlife, including the presence of active or inactive gopher tortoise burrows. No listed wildlife species or evidence of listed wildlife species were observed during this or any of the other surveys. VII. RECOMMENDATIONS: Staff recommends approval of Planned Unit Development No. PUDZ-2004-AR- 6829 "Davis Reserve PUD"with the following conditions: Stormwater Management: 1. The petitioner is required to obtain a SFWMD ERP or Surface Water Management permit prior to Site development Plan approval by Collier County. Environmental: No site specific stipulations. EAC Meeting Page l0 of 11 PREPARED BY: Or 1 3 ar 08 STAN CHRZANO KI, P.E. DATE ENGINEERING ' 'O/''IEW MANAGER ENGINEERING AND ENVIRONMENTAL SERVICES DEPARTMENT 12 MOO? STEPHEN LENBER ER DATE SENIOR ENVIRONMENTAL SPECIALIST ENGINEERING AND ENVIRONMENTAL SERVICES DEPARTMENT t=11 &R-krk) ,gibolog KA D'7 SELEM, AICP DATE PRINCIPAL PLANNER DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW REVIEWED BY: 11 SUSAN ASON DATE P' ' PAL ENVIRONMENTAL SPECIALIST - I GINEERING AND ENVIRONMENTAL SERVICES DEPARTMENT LELY AREA STORMWATER IMPROVEMENT PROJECT CONSTRUCTION PLAN J.-. \ - ins ,> I RADIO RD m Q m z -4' e OQ' co- z IT �,. , \ v 11 -7*% 0 '6 At,. i " II RATTLESNAKE HAMMOCK RD 7 0 ' . ��` Legend ' Completed in 06 and 07 0, °T', Completed In FY 08 FY 2 009 • FY2010 R } e FY2011 N j -� FY 2012 "-�O�g #LJ -- _ FY 2013 . io f s ✓ •- FY2014 0 0.5 1 �—! 1 I 1 1 Project Boundary Miles COLLIER COUNTY TRANSPORTATION SERVICES DIVISION GJJ ROAD MAINTENANCE DEPARTMENT STORMWATER MANAGEMENT SECTION , Revised:10/29/2008 --- - Project 12 Whitaker Road Weir,Swale Imp.,&Box Culvert Start Ma No. Project Name 13 Lely Manor Canal West Outfall(Treviso Bay North) (Fiscal P 2011 14 Naples Manor Outfall No.3 2006 1 Rattlesnake Hammock Rd Box Culvert 15 Naples Manor Outfall No.4 2 Lely Branch Canal(Rat Ham to Kings Lake-PH 1A) 16 Naples Manor North Canal 2007 3 Mitigation Land Restoration(Exotic Veg.Removal) 2012 17 Naples Manor Ditch Enclosure 18 U.S.41 Ditch 4 Royal Wood Weir and Lake Interconnect Upgrades 6 Lely Manor Canal East Outfall(PH 1B South-S 1/2) 19 Haldeman Creek(CB Rd-Riveria to Lely Main) 2008 9 Lely Main Canal(Sabal Bay) 20 County Barn Rd. 2013 21 Crews Road(SB Rd.Ext.) "� 5 Northeast Royal Wood(Santa Barbara Rd./Canal Ext.) 22 Cope Lane(SB Rd.Ext.) 6A Lely Manor Canal East Outfall(PH 1B South-N 1/2) 2009 7 Lely Branch Canal(PH 1B North-US 41 to Rat.Ham.) 23 Davis Blvd.Weir 3 Mitigation Area Park Construction and Land Restoration(Planting) 24 Davis Blvd. 2014 25 Sandy Lane/Wingsouth Interconnect 8 I Lely Main Canal(South of Rat.Ham.Road) 26 Winqsouth Airpark West Channel 10 Lely Manor Canal West Outfall(Treviso Bay South) 27 Wingsouth Airpark East Channel 2010 11 Northwest Royal Wood Box Culvert ' - ' - . imuook_,-+4111111hmmmpmpip.,-,4upsw......m.wsw t. [AL BLV[ BLVD 1 I _1— .1' IL c' / v, , '' 1 L7 1 1 '-= ..', - ..) . t , 1 - z 1 ? 1 \ L1_L1 .,1 Lk N ,----.------------ ,--' ----.. \ , • \ \ ) -- , I --. L, ---- • // ( ____---- li ! , I 4 Tr III I • e 1 .... ., MAGNOLIA Art i i r ir. E., pp CLLN ' I z . , < - firz '.•---__ 1 111_,L,LN LAKL C I 7 D 43 P t' —VvILMAN LN— I . .. ...AWE- an 0.11 El 0 I-145 L=76-8 alitalv." ONLV40a 1-,L, nal-ss 11111,.'. MI' ' -k. I Am X�. . . Igg8272M31-356D a---. :iiiisk,,, i ., < 6 ' ` ,...=_ :Ste,_.�+• ✓"GJ +»F" -.--- .+-� �a rte^ t «y" ;.'":.it. ,i 9--'' il.; ' L - 3 `g x h FI:ORIDACLUBDR TC l ((��CCJjJj e P *-40111'' . ci 1,, U Q LiDAR r i ... <VALUE> 111 .� =9.1-9.5 " k ,- 999- 8.1-8.5 = '- - 7 1 7.6-8 „ ' ,I` 7.1-7.5 Iii.. rall 5.6-6 x ;r 5.1-5.5 1 <' , 1--tl14.6-5 4.1-4.5 - _ -3.6-4 a 1.111-8.7-3.5 " Item VI. C. ENVIRONMENTAL ADVISORY COUNCIL STAFF REPORT MEETING OF FEBRUARY 4,2009 I. NAME OF PETITIONER/PROJECT Petition No.: PUDZ-A-2007-AR-12046 Petition Name: Mirasol Residential Planned Unit Development(PUD) Applicant/Developer: I M Collier Joint Venture Consultant: Goodlette, Coleman, Johnson, Yovanovich& Koester, P.A., and Wayne Arnold, of Q. Grady Minor and Associates Environmental Consultant: Turrell, Hall, and Associates II. LOCATION The subject 1,543 acre tract is located on the north side of Immokalee Road, bordered on the east by Broken Back Road, future Collier Boulevard in Sections 10, 15 and 22, Township 48 South, Range 26 East, Collier County, Florida. III. DESCRIPTION OF SURROUNDING PROPERTIES ZONING DESCRIPTION N - Planned Development(within Lee County) residential uses S - Immokalee Road; then PUD Laurelwood, Richland residential projects E - Heritage Bay DRI/PUD and developing residential Agricultural/ST zoning and undeveloped areas W - Parklands and Terafina PUD undeveloped Agricultural zoning Agricultural uses IV. PROJECT DESCRIPTION The Mirasol PUD was approved on April 24, 2002. The existing PUD, comprising 15581 acres, was zoned from Rural Agriculture (A) zoning district to Planned Unit Development (PUD) on April 24, pursuant to Ordinance 01-20 to allow for 799 Mirasol EAC Staff Report Page 2 of 12 residential units and 2 18-hole golf courses that would feature a clubhouse and recreation amenities. No development occurred within the LDC allotted time frame therefore the PUD sunsetted. The petitioner sought two, 2-year PUD extensions (from April 24, 2006 to April 24, 2010) in petition number PUDEX-2006-AR-9124 that was scheduled to be heard by the Board on May 8, 2007; the BCC did not take action on the petition because it was withdrawn by the petitioner on that date. The petitioner agreed to seek sunsetting relief thru the PUD amendment process instead. At that May 8, 2007 Board hearing, the Board adopted a Developer's Contribution Agreement (DCA) for the project's prepayment of impact fees to be utilized for intersection improvements at the Immokalee Road/Collier Boulevard intersection therefore vesting the project's 799 dwelling units. As presently configured, this amendment petition does not propose to add any dwelling units to the project. Also proposed is the removal of the previously proposed flow way as a project requirement. The applicant is updating the PUD document to remove redundant language from the original PUD document and to update the PUD document to put it in the currently acceptable format. A five acre tract that was inadvertently included is being removed from the project also. V. GROWTH MANAGEMENT PLAN CONSISTENCY Future Land Use Element A portion of the total subject property (property in Section 22) is designated Urban (Urban-Mixed Use District, Urban Residential Sub-district), the remainder of the property (property in Sections 10 & 15) is designated Agricultural/Rural (Rural Fringe Mixed Use District,Neutral Lands) as identified on the Future Land Use Map (FLUM) of the Growth Management Plan(GMP). Relevant to this petition, the Urban Residential Sub-district allows residential development at a base density of four (4) dwelling units per acre, subject to the Density Rating System provisions; and recreation and open space. No additional dwelling units are proposed therefore the density will not change as a result of the PUD amendment request. Conservation & Coastal Management Element The Mirasol project is Consistent with all applicable sections of the Growth Management Plan, including the following objectives and policies. Please refer to the Environmental Impact Statement for further detail. OBJECTIVE 2.2: All canals, rivers, and flow ways discharging into estuaries shall meet all applicable federal, state, or local water quality standards. . II 1 Mirasol EAC Staff Report Page 3 of 12 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 area(s), lake(s) and a wetland(s)to provide water quality retention and peak flow attenuation during storm events. OBJECTIVE 6.1: The County shall protect native vegetative communities through the application of minimum preservation requirements. The following policies provide criteria to make this objective measurable. These policies shall apply to all of Collier County except for that portion of the County which is identified on the Countywide Future Land Use Map (FLUM) as the Rural Lands Stewardship Area Overlay. As described under the applicable Policies, these criteria are being met by the proposed PUD Master Plan. Policy 6.1.1: For the County's Urban Designated Area,Estates Designated Area, Conservation Designated Area, and Agricultural/Rural Mixed Use District,Rural- Industrial District and Rural-Settlement Area District as designated on the FLUM, native vegetation shall be preserved on-site through the application of the following preservation and vegetation retention standards and criteria, unless the development occurs within the Area of Critical State concern(ACSC) where the ACSC standards referenced in the Future Land Use Element shall apply. The property straddles the RFMU neutral land and the urban residential land boundary. The Mirasol PUD was specifically authorized to utilize the density blending provisions when the density blending provisions were incorporated into the Future Land Use Element(I.B.5.) of the Collier County Growth Management Plan. The density blending provisions in the Future Land Use Element of the Growth Management Plan specifically allow the blending of density from the urban area to Section 15 in the Rural Fringe Mixed Use District. As such, the entire project will be required to meet the native vegetation preservation standards outlined in the RFMU section of the Conservation and Coastal Management Element as presented below (Policy 6.1.2). Policy 6.1.2: For the County's Rural Fringe Mixed Use District, as designated on the FLUM, native vegetation shall be preserved on site through the application of the following preservation and vegetation retention standards and criteria for Neutral Lands: Mirasol EAC Staff Report Page 4 of 12 A minimum of 60%of the native vegetation present, not to exceed 45%of the total site area shall be preserved, except that, for Section 24, Township 49 south, Range 26 East, located in the North Belle Meade Overlay, a minimum of 70%of the native vegetation present, not to exceed 70%of the total site areas, shall be preserved. Sections 10 and 15 are within the RFMU zoning and are designated as Neutral lands on the FL UM. Due to the density blending standards, the entire site will be considered under these RFMU criteria. Policy 6.1.4: Prohibited invasive exotic vegetation shall be removed from all new developments. The project has coordinated a Preserve Management Plan with state and federal review agencies. This plan includes provisions for exotic removal and perpetual maintenance to keep the preserves free of nuisance and exotic vegetation. This Plan is Exhibit 15 of the EIS. In addition, all developed areas shall be kept free of exotic vegetation. Policy 6.1.7: The County shall require native vegetation to be incorporated into landscape designs in order to promote the preservation of native plant communities and to encourage water conservation. This shall be accomplished by: According to the EIS, native vegetation retention and restoration will be encouraged throughout the project site. In addition, the wet detention lakes will have all required littoral plantings indicated at the time of site development plan submittal. Policy 6.1.8: An Environmental Impact Statement(EIS), or submittal of appropriate environmental data as specified in the County's land development regulations, is required..... This EIS submittal was made in accordance with this requirement and is part of the EAC review packet. OBJECTIVE 6.2: The County shall protect and conserve wetlands and the natural functions of wetlands pursuant to the appropriate policies under Goal 6. The following policies provide criteria to make this objective measurable. The County's wetland protection policies and strategies shall be coordinated with the Watershed Management Plans as required by Objective 2.1 of this Element. Policy 6.2.1: As required by Florida Administrative Code 9J5-5.006(1)(b), wetlands identified by the 1994-95 South Florida Water Management District (SFWMD) land use and land cover inventory are mapped on the Future Land Use Map series. These areas shall be verified by jurisdictional field delineation, subject to Policy 6.2.2 of this element, at the time of project permitting to determine the exact location of jurisdictional wetland boundaries. • I Mirasol EAC Staff Report Page 5 of 12 Wetland boundaries have been delineated and verified by the SFWMD. The jurisdictional lines are indicated on the SFWMD permit exhibits as well as on the applicable exhibits included in this EIS submittal (see exhibits 2, 3, 6, 7 of EIS). Policy 6.2.2: Wetlands shall be defined pursuant to Section 373.019 Florida Statutes. The location of jurisdictional wetland boundaries are further described by the delineation methodology in Section 373.421 Florida Statutes. This has been done. Wetland boundaries have been delineated and verified by the SFWMD. The jurisdictional lines are indicated on the SFWMD permit exhibits as well as on the applicable exhibits included in this EIS submittal. Policy 6.2.4: Within the Urban Designated area, the County shall rely on the wetland jurisdictional determinations and permit requirements issued by the applicable jurisdictional agency. As stated above, a portion of the proposed project is within the Urban Designated area but since the remainder of the project is within the RFMU District, the Density Blending provisions require the entire site to be reviewed under the RFMU criteria. Policy 6.2.5: Within the Rural Fringe Mixed Use District, and that portion of the Lake Trafford/Camp Keais Strand System which is contained within the Immokalee Urban Designated Area, Collier County shall direct land uses away from higher functioning wetlands by limiting direct impacts within wetlands based upon the vegetation requirements of Policy 6.1.2 of this element,the wetland functionality assessment described in paragraph(2)below, and the final permitting requirements of the South Florida Water Management District. GMP Policy 6.2.5. (6) states, "Mitigation shall be required for direct impacts to wetlands in order to result in no net loss of wetland functions. " In addition, the policy states, ""No net loss of wetland functions"shall mean that the wetland functional score of the proposed mitigation equals or exceeds the wetland functional score of the impacted wetlands. However, in no case shall the acreage proposed for mitigation be less than the acreage being impacted. " The project is proposing impacts to 586 acres of wetlands. The project has identified 515.2 acres of 586.2 acres (88%) of the required wetland mitigation acreage. The remaining 71 acres of off-site mitigation shall be identified prior to SDP approval. Policy 6.2.6: Within the Urban Designation and the Rural Fringe Mixed Use District, required wetland preservation areas, buffer areas, and mitigation areas shall be dedicated as conservation and common areas in the form of conservation easements and shall be identified or platted as separate tracts; and, in the case of a Planned Unit Development (PUD), these areas shall also be depicted on the PUD Master Plan. Mirasol EAC Staff Report Page 6 of 12 All preservation, buffer, and mitigation areas required under the County Codes will be placed under conservation easements prior to site plan approval as outlined in this Policy and as required by the LDC at the time of development. OBJECTIVE 6.4: The County will protect, conserve and appropriately use ecological communities shared with or tangential to State and Federal lands and other local governments. This PUD is proposing to preserve lands that will connect existing and proposed preserve lands to the west with existing preserve lands to the east. Corkscrew Regional Ecosystem Watershed(CREW) and Corkscrew Swamp Sanctuary are also located to the east and north of the project as shown on Exhibit 8 of the EIS. OBJECTIVE 6.5: The County shall protect natural reservations from the impact of surrounding development. For the purpose of this Objective and its related policies: natural reservations shall include only Natural Resource Protection Areas (NRPAs) and designated Conservation Lands on the Future Land Use Map; and, development shall include all projects except for permitting and construction of single-family dwelling units situated on individual lots or parcels. This Objective and its Policies shall apply only to the Rural Fringe Mixed Use district [except as noted in Policy 6.5.3]. Policy 6.5.2: The following criteria shall apply to development contiguous to natural reservations in order to reduce negative impacts to the natural reservations: The proposed project is located adjacent to the CREW Natural Resource Protection Area. The entire boundary adjacent to the NRPA is included in the preserve areas of the project. Adjacent preserve areas associated with other developments will be protected through natural and structural buffers,placement of less intensive uses such as golf course and water management areas, and through the education of residents. GOAL 7: THE COUNTY SHALL PROTECT AND CONSERVE ITS FISHERIES AND WILDLIFE. OBJECTIVE 7.1: The County shall direct incompatible land uses away from listed animal species and their habitats. The County relies on the listing process of State and Federal agencies to identify species that require special protection because of their endangered, threatened, or species of special concern status. The project is not within a NRPA but is adjacent to one. Development and preserve locations associated with the development have taken into account providing the largest possible buffers between the development and the NRPA boundary. Mirasol EAC Staff Report Page 7 of 12 Policy 7.1.2: Within areas of Collier County, excluding the lands contained in the RLSA Overlay, non-agricultural development, excluding individual single-family residences, shall be directed away from listed species and their habitats... A Listed Species Survey has been conducted on the project site. Coordination has occurred between the project and Florida Fish and Wildlife Conservation Commission (FFWCC) and U.S. Fish and Wildlife Service (USFWS). The FFWCC has not commented on the project since the 2002 SFWMD approval but the USFWS has recently issued their Biological Opinion (Exhibit 17 of EIS) and indicated that the project would not jeopardize any federally listed species. Policy 7.1.4: All development shall comply with applicable federal and state permitting requirements regarding listed species protection. The project has undergone significant review by the FWS and the results of that review are presented in the Biological Opinion. Policy 7.1.6: The County shall evaluate the need for the protection of listed plants and within one (1)year of the effective date of this amendment adopt land development regulations addressing the protection of listed plants. rte, The petitioner stated in the EIS that the only plants from the list that have been observed on the Mirasol site are the common wild pine bromeliad(Tillandsia fasciculata)and the butterfly orchid(Encyclia tampensis). These plants have been observed in several of the cypress areas and the vast majority will be preserved under the proposed plan. GOAL 11: THE COUNTY SHALL PROVIDE FOR THE PROTECTION, PRESERVATION AND SENSITIVE RE-USE OF HISTORIC RESOURCES OBJECTIVE 11.1: To protect historic and archaeological resources in Collier County. No archaeological sites are known to exist on this property. VI. MAJOR ISSUES Stormwater Management The Mirasol project sits in the Cocohatchee River Basin and by Collier County Ordinance 2001-27, is limited to a maximum site-wide allowable discharge rate of 0.04 cfs per acre. The Drainage Atlas of Collier County shows that flow from this portion of the Cocohatchee River Basin is intercepted by the Immokalee Road (Cocohatchee) Canal. Judging from the topography (Jan 2001), historical flow was possibly anywhere from Mirasol EAC Staff Report Page 8 of 12 westward to southward but the construction of Immokalee Road and the adjacent canal intercepted the flow and sent it west into the Wigging Bay system. The attached portion of a Soils Map is from data gathered prior to 1941, and it appears that prior to the construction of all the roads and subdivisions in "North Naples", flow may have been predominantly westward. The only road that existed in the area at the time shows on the map as US 41. Another parallel portion of US 41 is to the west, and some rail lines cut between the two. As a note of interest, the depressional cypress heads that show on the LiDAR in sectionl6 (Terrafina) and section 9 (Parklands) also show in the same areas on these earliest soils maps. 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." Mirasol received the latest Modification to their Environmental Resource Permit # 11- 02031-P on 13 September 2007. Because of the configuration of the site with the preserves being in the north part of the site and the developed area being in the south of the site and also because of the southerly direction of the flow of water in this area, there is no proposed use of the preserves for water retention., so the water management aspects of the site are exempt from EAC review and discussion. The water management system proposes to use a standard design of interconnected wet and dry retention and detention areas to achieve water quality retention and peak flow attenuation. This project originally proposed a"flow way"to route runoff from the north through the site. The flow way was advocated by some agencies and opposed by environmental groups and the approach was eventually discarded. County Engineering staff is deferring all aspects of the stormwater review to SFWMD. Environmental Please note that future alignments for the extension of Collier Boulevard may bisect the proposed preserve. This has not been addressed in the EIS or PUD exhibit. It shall be noted that LDC Section 9.03.07 Nonconformities Created or Increased by Public Acquisition allows properties to become legally non-conforming with requirements including native vegetation, conservation areas, and preserves. This section applies to the acquisition for present or planned public use. The possible alignment through the preserve can be found on the Transportation Planning document"Collier County Level of Service Network 2020" on their website: www.colliergov.net/Index.aspx?page=580. Mirasol EAC Staff Report Page 9 of 12 1. Site Description The project site is approximately 1,543.7 acres and consists of both urban(340.8 acres) and RFMU neutral lands (1,202.9 acres)within the proposed PUD boundary. The majority of the site has been infested to varying degrees by melaleuca. The 1,543.7 acre PUD footprint contains about 262.7 acres of upland habitats and 1,281 acres of wetland habitats. Of the 1,543.7 acres, approximately 853.2 acres meet the County definition of native habitat. The remainder of the property is dense melaleuca(See Exhibit 11). 2. Wetlands The site contains 1,281.0 acres of wetland habitats. Approximately 586 acres of wetlands (46% of the PUD wetlands)will be impacted by the proposed development. The Wetland Rapid Assessment Procedure (WRAP) functional assessment conducted for the Unite States Army Corps of Engineers (USACE) permit showed that the wetlands being impacted are of lower quality and lower functional value than high quality wetlands. The hydrological changes in the area over the past 30 years coupled with the dense exotic vegetation infestation have depressed the functional viability of the wetlands on the project site. 3. Preservation Requirements The project has a total of 1543.7 acres of which about 853.2 acres are existing native habitat. The property must therefore preserve at least 511.9 acres (60%of 853) of native habitat either on-site or through a combination of on and off site sources. The 511.9 acres required does not exceed 45% (45%x 1543.7 = 694.7 acres) of the entire site. Native habitat acreage is being preserved throughout the site plan. The project is providing a large preserve contiguous with adjacent preserves to the east and west and is also providing 5 smaller preserve areas (which contain higher quality wetlands)within the development area. Higher quality wetlands are those that have a WRAP score of 0.65 or greater. High quality wetlands are third in the preserve selection ranking criteria as defined by the GMP Policy 6.1.2. and LDC section 3.05.07.A.3. All together,these preserves contribute approximately 461.6 acres of native habitat preservation. The remaining 50.3 acres of required native preservation will be met off-site with lands preserved in NRPA Sending Lands in Section 11 immediately east of this project. Selection of native vegetation to be retained as preserve areas shall reflect the following criteria in descending order of priority: a. Wetland or upland areas known to be utilized by listed species or that serve as corridors for the movement of wildlife shall be preserved and protected in order to facilitate the continued use of the site by listed species or the movement through the site, consistent with the requirements of Policy 7.1.1 and 7.1.2 of this element. Mirasol EAC Staff Report Page 10 of 12 b. Xeric Scrub, Dune and Strand, Hardwood Hammocks. c. Onsite wetlands having functionality scores of at least 0.65 WRAP or 0.7 UMAM(Uniform Wetland Mitigation Assessment Method). d. Any upland habitat that serves as a buffer to a wetland area e. Dry Prairie, Pine Flatwoods, and f. All other native habitats. 4. Listed Species A Listed Species Survey has been conducted on the project site. Species observations have been underway for the past five years. The FFWCC has not commented on the project since the 2002 SFWMD approval. The USFWS has recently issued their Biological Opinion and concurred with the USACE that the project"may affect"the endangered Florida panther and wood stork. Regarding wood storks, the Biological Opinion concludes there will be a loss of fish biomass that is the basis of their Take estimation. The Opinion did state that there would be no direct take of and any incidental take of either species would be difficult to detect. Please refer to the conclusions on page 61 and 82 of the Biological Opinion(Exhibit 17 of EIS). Big Cypress fox squirrel, Florida black bear, snowy egret, great egret, tricolored heron, great blue heron, green-backed heron, white ibis, and wood stork have been observed on and adjacent to the project site during the wildlife survey. VII. RECOMMENDATIONS Staff recommends approval of Mirasol PUDZ-A-2007-AR-12046 with the following conditions: Stormwater Management: None Environmental: 1. The project is proposing impacts to 586 acres of wetlands. The project has identified 515.2 acres of 586.2 acres (88%) of the required wetland mitigation acreage. The remaining 71 acres of off-site mitigation shall be identified prior to SDP approval. 2. The minimum preserve acreage shall be maintained. Additional preserve acreage shall be added onsite or offsite to compensate for any clearing needed for private access to out parcels within the preserve. Mirasol EAC Staff Report Page 11 of 12 PREPARED BY: i fi* li 4\ p /PM J 16 ,mki 03 TAN CHRZANO I.KI, P.E. DATE ENGINEERING REVIEW MANAGER ENGINEERING AND ENVIRONMENTAL SERVICES DEPARTMENT f A( j �/ ,�-� /7 C)041/ 09 UMMER ARAQ DATh ENVIRONMENTAL SPECIALIST ENGINEERING AND ENVIRONMENTAL SERVICES DEPARTMENT ic.6 -.12 //2 OA 4 F KA D ELEM, A.I.C.P. DATE PRINCIPAL PLANNER DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW n Mirasol EAC Staff Report Page 12 of 12 REVIEWED BY: sus ,.1 MA ,ON DATE P' CIP A ENVIRONMENTAL SPECIALIST E0GINE G AND ENVIRONMENTAL SERVICES DEPARTMENT � f ) LLIAM D. L f f NZ, r.,P.E. DATE ENGINEERING AND ENVIRONMENTAL SERVICES DEPARTMENT DIRECTOR o DATE ASSISTANT COUNTY ATTORNEY OFFICE OF THE COLLIER COUNTY ATTORNEY APPROVED BY: (Of JOSEPH K. SCHMITT A j COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES ADMINISTRATOR ENVIRONMENTAL ADVISORY COUNCIL Agenda Item VI D STAFF REPORT MEETING OF FEBRUARY 4th,2009 I. NAME OF PETITIONER/PROJECT: Petition No: Conditional Use-2003-AR-3725 Petition Name: Close-up Creatures, Inc. (NGALA) Applicant/Developer: Donovan Smith Engineering Consultant: RWA, Inc. Environmental Consultant: EarthBalance, Inc. II. LOCATION: The subject property, consisting of 21± acres, is located on Inez Road S.W., at the northwestern corner of the intersection of Inez Road and Kearney Avenue, approximately 1/4 mile south of Keene Avenue, in Section 30, Township 49 South, Range 27 East, Collier County, Florida. III. DESCRIPTION OF SURROUNDING PROPERTIES: ZONING DESCRIPTION N - Agriculture Agricultural uses S - Agriculture Kerney Road, then residentially used tracts and agricultural uses E - Agriculture Inez Road,then agricultural uses W- Agriculture Agriculturally used lands adjacent to the northerly five acre tract and an undeveloped 10 acre tract that is owned by the petitioner adjacent to the southerly tract IV. PROJECT DESCRIPTION: The facility on site consists of a single family home, a large tent used for catered meals and as the main event area, parking areas, restrooms for staff and visitors, and pens or cages for various animals kept on site and used in the events. The petitioner describes the facility as one that "offers alternative educational EAC Meeting Page 2 of 12 n opportunities and additional learning opportunities. . . ." The petitioner provides the following more detailed explanation of the facilities on site: Visitors to the facility are accepted by group appointment only, and unlike zoos and roadside attractions, the facility is: not advertised to drive up visitors; not open to drive-up patrons; not advertised with off-site signage; ticketed admissions are not offered; animals are not on permanent display but housed out of sight; animals are only exhibited for special pre-scheduled events; and visitors and events occur only with a pre-arranged, scheduled appointment. The petitioner is seeking after-the-fact approval of a conditional use to allow a Cultural, Ecological or Recreational Facility pursuant to the Land Development Code (LDC) Section 2.03.01.A.1.C.23, which is also known as Conditional Use Number 23. V. GROWTH MANAGEMENT PLAN CONSISTENCY: The subject property is presently designated Agricultural/Rural, Rural Fringe Mixed Use District (RFMUD), Sending Lands, on the Future Land Use Map (FLUM) of the Collier County Growth Management Plan (GMP). Provisions regulating Sending Lands are part of the Future Land Use Element (FLUE) of the GMP. [Please note that in the following review, FLUE provisions are shown in bold Arial style print, while staff analysis and commentary are provided in conventional type.] Ngala is characterized by a combination of land uses which do not operate independently, but involve substantial elements of, and are interdependent on, secondary or accessory uses. As an example, although "animal and livestock breeding" is an integral part of the overall operation — this activity is not conducted alone. During an on-site visit to the subject property by staff, the owner indicated the breeding part of operations was limited to the exotic fish observed in a pool. Proceeds from the sale of these fish help support other aspects of operations. The owner explained that most of the other land animals kept there were not being bred. Many of these animals came from zoos or zoo-like environments where they had already interbred to the extent that additional generations would not be of benefit. These animals no longer exemplify the breed, and had been spayed or neutered so reproduction or additional breeding were not possible. EAC Meeting Page 3 of 12 Land uses with no agricultural connection are not consistent with the FLUE unless they can be clearly linked to the Interim Development Provisions for the Agricultural/Rural Assessment Area or the Agreed Order Abating Case. Specific FLUE Considerations: Land designated as Sending allows: low density residential uses; Right to Farm Act-consistent agricultural uses; passive parks and recreational uses; habitat preservation and conservation uses; sporting and recreational camps; certain essential services; and, oil and gas exploration. The application of the RFMUD Sending Lands standards would not allow many of the Ngala activities without special considerations—which are in place. Applicable exceptions from meeting the limitations and standards otherwise applied throughout the RFMUD are found in Section 4 of Rural Fringe Mixed Use District provisions, as follows: Exemptions from the Rural Fringe Mixed Use District Development Standards— The requirements of this District shall not apply to, affect or limit the continuation of existing uses. Existing uses shall include: those uses for which all required permits were issued prior to June 19, 2002; or projects for which a Conditional use or Rezone petition has been approved by the County prior to June 19, 2002; or, land use petitions for which a completed application has been submitted prior to June 19, 2002. The continuation of existing uses shall include expansions of those uses if such expansions are consistent with or clearly ancillary to the existing uses. Hereafter, such previously approved developments shall be deemed to be consistent with the Plan's Goals, Objectives,and Policies and for the Rural Fringe Mixed Use District, and they may be built out in accordance with their previously approved plans. Changes to these previous approvals shall also be deemed to be consistent with the Plan's Goals, Policies and Objectives for the Rural Fringe Mixed Use District as long as they do not result in an increase in development density or intensity. The Rural Fringe Mixed Use District is also subject to the Interim Development Provisions adopted pursuant to the Final Order AC-99-002, issued June 22, 1999 by the Florida Governor and Cabinet. Those Provisions limited residential development to a density of 1 dwelling unit/parcel of land as it existed June 22, 1999 and prohibited numerous uses, until an Assessment was completed for the Agricultural/Rural area, subsequent GMP amendments were adopted pursuant to the Assessment, and those amendments became effective. EAC Meeting Page 4 of 12 On June 19, 2002, the BCC adopted the Rural Fringe GMP amendments by Ordinance No. 2002-32 based on the Assessment for the Rural Fringe area. The Rural Fringe GMP amendments were found to be "in compliance" with Florida Statutes by the Florida Department of Community Affairs (DCA); however, two legal challenges were filed to appeal DCA's compliance determination. As a result, the Rural Fringe amendments did not become effective until the Florida Department of Community Affairs issued its Final Order on July 22, 2003. Current application materials indicate the Close-Up Creatures, Inc. (dba Ngala) original application was submitted in February 2003. Provisions were also written into the FLUE to cover a planning and zoning related case submitted during this period of time, entitled Interim Development Provisions for the Agricultural/Rural Assessment Area. These interim provisions state, "[a]ny application for conditional use filed prior to July 22, 2003, relating to that land subject to an Agreed Order Abating Case dated April 8, 2003, which application also includes properties under common or related ownership with and operated and maintained by to same or related operator of such land, shall be processed and considered pursuant to the Interim Development Provisions that were in effect from March 7, 2001, until July 22, 2003." The subject property is within the Rural Fringe area and is designated Rural Fringe Mixed Use District (RFMUD), Sending Lands. The Close-Up Creatures property is the subject of the Agreed Order, and this Conditional Use petition is being processed and considered pursuant to the Interim Development Provisions for the Agricultural/Rural Assessment Area, as applicable. The essential provisions of the Agreed Order were written to extend privileges offered by Section 4 of Rural Fringe Mixed Use District, above and would be applicable to specific "existing uses" defined as "those uses for which all required permits were issued prior to July 22, 2003"or to "projects for which a Conditional Use or Rezone petition has been approved by the County prior to July 22, 2003" or to, "land use petitions for which a completed application has been submitted prior to July 22, 2003". The Agreed Order allows land use petitions to be considered by the County for which a completed application had been submitted prior to July 22, 2003 for: commercial or industrial development; [a] zoo, aquarium, botanical garden, or similar uses; sports instructional camps or schools; and, recreational vehicle parks. To the extent that the uses, operating in combination, described in this Conditional Use application CU-2003-AR-3725 for Close-Up Creatures, Inc. lie within these parameters it may be considered in compliance with the Interim A-0\ Development Provisions for the Agricultural/Rural Assessment Area. EAC Meeting Page 5 of 12 Determinations of Existing Uses Standing: The continuation of "existing uses" includes expansions of those uses if such expansions are consistent with, or clearly ancillary to, the "existing uses". Land uses may be allowed to continue or expand in accordance with the provisions of the Agreed Order, and they define the limits to the extended privileges. Applications materials address these issues. One statement provided in application materials states that the existing land uses were "located on the property since 1989." Additional explanation states, "Ngala was originally created as a boarding and training facility for animals that have been housed on the property since 1989". Determination of Agricultural Use Standing: The applicant has identified specific uses requested in this Conditional Use petition and has asserted the uses are agricultural in nature, or constitute extensions of the agricultural use of the property. Previous consideration taken by the County Code Enforcement Board (CEB) indicated the "agricultural use" for the property was in question. The CEB had requested submittal of certain information by the petitioner to demonstrate/verify the "agricultural use" of the property. No substantive materials assisted the CEB with addressing this question. Enforcement proceedings were stayed and other arrangements were made. According to an arrangement made outside the CEB, the keeping of animals on the subject property did not rise to the standing as principally—an agricultural land use. They are accessory or supplementary to the commercial operations for which Ngala has become known. The applicant's agent responds to the CEB's finding that the keeping of animals is not principally an agricultural use, and intimates the CEB did not accurately assess the Ngala safari experience. The premise that this is predominantly an agricultural operation is reasserted. The "only (remaining) issue driving the CU requirement" is the commercial aspects of having customers visit the property. Other Considerations: FLUE Policy 5.4 requires new land uses to be compatible with the surrounding area. Comprehensive Planning leaves this determination to Zoning and Land Development Review staff as part of their review of the petition in its entirety. However, staff would note that in reviewing the appropriateness of the requested uses on the subject property, the compatibility analysis might include a review of both the subject proposal and surrounding or nearby properties with respect to both agricultural and non-agricultural uses, their intensities and densities, EAC Meeting Page 6 of 12 building, structure and other facilities' location and orientation, traffic generation/attraction, etc. The Ngala land uses and activities do not fit neatly into a single category. The operation does not qualify as a "farm," and Ngala as a "farming operation" when considering every activity on the site. The all-inclusive safari experience does however involve elements of agricultural and non-agricultural activities operating in combination, which, when taken together, may be considered appropriate for the subject property. The Ngala land uses do not operate independently, and involve substantial elements of, and are interdependent on, secondary or accessory uses. Staff recommends that this activity be regulated with a suitable set of conditions to ensure that Ngala land uses continue operating in their characteristic combination. Based upon the above analysis, staff concludes the proposed Conditional Uses for Creative Creatures, Inc. in the Rural Fringe Mixed Use District, Sending Lands may be deemed consistent with the Future Land Use Element. Future Land Use Element: 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 policy 6.1 and 6.2 regarding the selection of preserves. The property site contains 21.29 acres of which 20.08 acres is considered native vegetation. The proposed native vegetation preserve of 3.01 acres fulfills the minimum requirement of 3.01 acres or 15% of the existing native vegetation on site. A conservation easement dedicated to Collier County shall be placed over the preserve. Selection of native vegetation to be retained on site as a preserve area is shown to be consistent with the GMP based on the following: There were no listed species observed on site, and a portion of the on site jurisdictional South Florida Water Management District (SFWMD) and United States Army Corp of Engineers (USACE) wetlands shall be preserved. EAC Meeting Page 7 of 12 As required by policy 6.2.1, a wetland jurisdictional determination has been conducted by the SFWMD (EIS Exhibit 9) and the USACE (EIS Exhibit 10). As required by Policy 6.1.4, prohibited exotic vegetation has been removed and shall be maintained in perpetuity. The EIS required by Policy 6.1.8 has been prepared and is supplied as part of the review packet for this submittal. As required by Policy 7.1.2, a listed species survey was conducted on the property and is contained in the EIS (Exhibit 12 and 13). As required by Policy 11.1.2, an archeological survey was conducted and is included in the EIS (Exhibit 14). The project will not impact any known historic or archeological sites. VI. MAJOR ISSUES: Stormwater Management: NGALA sits at the north end of the Henderson Creek Canal Basin (see attached portion of Collier County Drainage Atlas), and therefore has an allowable discharge rate of 0.15 cfs per acre. For the 21 (+/-) acre site they would be allowed a maximum discharge of 3.2 cfs. The drainage atlas does not show any clear route for the offsite discharge, but LiDAR topography of the area indicates a southerly flow. Because Collier County has relinquished its delegation of review authority from the South Florida Water Management District (SFWMD), this project will submit to SFWMD for an Environmental Resource Permit. Environmental: Site Description: The project site consists of 20.08 acres of native vegetation according to the definition in the GMP and LDC and has been verified by staff on site. On site native vegetation communities include pine flatwoods (2.18+ acres), mesic pine flatwoods/Western Everglades hardwoods (8.68 +acres), cabbage palm/saw palmetto (1.89+ acres), and cypress/pine/cabbage palm(2.73± acres). Wetlands: There are approximately 2.73± acres of SFWMD and USACE jurisdictional wetlands on site. The wetland lines have been approved by the SFWMD and the USACE. The results of the jurisdictional determination are included on the wetlands map in the EIS (Exhibit 9). The forested wetlands on site include a EAC Meeting Page 8 of 12 mixed canopy of pine and cypress trees and cabbage palm in the understory. Due to changes in hydrology, some areas are showing encroachment from upland vegetation as well as some exotic/nuisance vegetation. A de minimis impact of 0.035 acres to the on site wetlands is the result of the construction of an animal round pen used for training purposes. The location of the round pen is shown in the EIS (Exhibit 8). Verification of any wetland impacts shall be done by the SFWMD during the required Environmental Resources Permit (ERP) process. There are no additional wetland impacts proposed on the NGALA property. Preservation Requirements: The project area is located in the sending lands as part of the Rural Fringe Mixed Use District (RFMU). The current native preservation requirement for any development within the boundaries of the RFMU sending lands is 80%. Although on June 19, 2002, the Board of County Commissioners adopted the Rural Fringe GMP amendments, the Rural Fringe amendments did not become effective until July 22, 2003. Under the Interim Development Provisions for the Agricultural/Rural Assessment Area, any land use petitions for which a completed application had been submitted prior to July 22, 2003 would be exempt from the proposed RFMU criteria that was adopted but not yet put into effect. This project was reviewed against the baseline standard of 15% for a commercial use since the project's original application was submitted in February 2003. The proposed native vegetation preserve of 3.01 acres fulfills the minimum requirement of 3.01 acres or 15% of the existing native vegetation on site. The project proposes to preserve 1.35± acres of SFWMD/USACE jurisdictional wetlands and 1.66 ± acres of upland habitat. The preserve is located in the northwest corner of the property which provides possible future connection to potential offsite preserves. Listed Species: The most recent listed species survey was conducted by Earthbalace, Inc. on the project site in May, 2007(EIS Table 1). An updated gopher tortoise (Gopherus polyphemus) survey was also conducted on May 14th, 2008 and is contained in the EIS. (Exhibit 12). No listed species were observed on site and no evidence of gopher tortoise burrows or utilization by gopher tortoises were found. In October 2002, during a previous listed species survey, a Red-Cockaded Woodpecker (RCW) was observed foraging on the site. As a result, a formal RCW survey was performed in July, 2004. During that survey no RCW individuals or nest cavity trees were observed. The United States Fish and Wildlife Service (USFWS) has been notified of the project and through e-mail correspondence no additional RCW surveys are required. (EIS Exhibit 13). There were no observations of Florida panther (Puma concolor coryi), Florida black bear (Ursus americanus EAC Meeting Page 9 of 12 floridanus), or Big Cypress fox squirrel (BCFS) (Scirus niger avicennia) on the project site. However, this project is located in primary Florida panther and Florida black bear habitat and contains potential habitat for the Big Cypress fox squirrel as well. Technical assistance regarding possible mitigation for impacts to the primary panther habitat shall be forwarded to staff upon receipt. A Florida black bear and BCFS management plan shall be required on the site plan. VII. RECOMMENDATIONS: Staff recommends approval of Conditional Use CU-2003-AR -3725 "NGALA" with the following conditions: As noted on sheet 3 of the conditional use site plan, if no further permitting for all existing improvements is required, then the below mentioned conditions of approval shall be required prior to conditional use approval. If a site development plan (SDP) application is to be submitted in the future for the current impacts, then the following conditions of approval will be required at the time of SDP submittal. Stormwater Management: 1) This project must obtain an Environmental Resource Permit from the South Florida Water Management District. Environmental: 1) Provide a preserve management plan on the site plan including methods of exotic vegetation removal and maintenance and Florida black bear and Big Cypress fox squirrel management plans. 2) Fulfillment of any Florida panther mitigation as required by either the United States Fish and Wildlife Service or the Florida Fish and Wildlife Conservation Commission. 3) Provide a legally sufficient title opinion and conservation easement. The conservation easement shall be recorded within 90 days of the determined final development order. EAC Meeting Page l0 of 11 PREPARED BY: J MJ7 N Q5 STAN CHRZANOW:KI, P.E. DATE ENGINEERING RE EW MANAGER ENGINEERING AND ENVIRONMENTAL SERVICES DEPARTMENT /4"/-°7 CHRIS D'ARCO DATE ENVIRONMENTAL SPECIALIST ENGINEERING AND ENVIRONMENTAL SERVICES DEPARTMENT J- I -o 9 KA SELEM DATE PRINCIPAL PLANNER DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW EAC Meeting Page 11 of 11 REVIEWED BY: IMF I-rn,, SUSA fAS• PP- DATE PRIN( IP' ENVIRONMENTAL SPECIALIST ENGIN ERING AND ENVIRONMENTAL SERVICES o 1 LLIAM D. L N/ Jr., P.E. DATE ENGINEERING AND ENVIRONMENTAL SERVICES DIRECTOR , ` 7 . 1-x--09 STEVEN WILLIAMS DATE ASSISTANT COUNTY ATTORNEY OFFICE OF THE COLLIER COUNTY ATTORNEY APPROVED BY: / 4l _!'(-_- .- ' ,/is'o9 •SEPH K. SCHMI T DA E OMMUNITY DEVELOPMENT &ENVIRONMENTAL SERVICES ADMINISTRATOR