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EAC Agenda 03/07/2007 ENVIRONMENTAL ADVISORY COUNCIL AGENDA March 7, 2007 9:00 A.M. Commission Boardroom W. Harmon Turner Building (Building "F")—Third Floor Call to Order II. Roll Call III. Approval of Agenda IV. Approval of February 11, 2007 meeting minutes V. Upcoming Environmental Advisory Council Absences VI. New Business A. Gopher tortoise Management Plan Presentation-Ray Ashton and staff VII. Land Use Petitions A. Planned Unit Development Rezone No. PUDZ-A-2005-AR-7422 "Wolf Creek PUD" Section 34,Township 48 South, Range 26 East B. Planned Unit Development Rezone No. PUDZ-2006-AR-8997 "Buttonwood Preserve PUD" Section 35,Township 48 South, Range 26 East C. Planned Unit Development No. PUDZ 2005-AR-7804 Immokalee Road South MPUD Section 29, 30, 31, and 32,Township 48 South, Range 27 East D. CPSP-2005-14, Continuation of petition requesting an amendment to the Future Land Use Map (FLUM) of the Growth Management Plan,to re-designate Rural Fringe Mixed Use District Sending Lands to either Neutral Lands or Receiving Lands,for 92 properties located within various Sections,Townships 48 through 51, Ranges 26 &27, consisting of 3,646 acres total. [Coordinator: David Weeks, AICP, Planning Manager] E. CP-2005-08, Petition requesting an amendment to the Future Land Use Element(FLUE), to change the land use designation from Sending Lands to Neutral lands on a parcel located in the Rural Fringe Sending Lands of the Future Land Use Map, in Sections 11, Township 48 South, Range 26 East, consisting of 159.98±acres. [Coordinator: Mike Bosi, AICP, Planning Manager, Comprehensive Planning Department] F. CP-2005-12, Petition requesting an amendment to the Future Land Use Element(FLUE) and Future Land Use Map(FLUM)and Map Series,to create the"North Belle Meade Special Use Subdistrict"for property designated on the Future Land Use Map as Rural Fringe Mixed Use District, Sending Lands and North Belle Meade Overlay,to allow earth mining, oil extraction and related processing, asphalt and concrete batch-making plants and their related uses, and all Sending Lands permitted uses, conditional uses and rights as permitted uses, and requesting an amendment to the Conservation and Coastal Management Element(CCME),to reduce the Preservation and Native Vegetation Retention Standards from 80 percent to 40 percent for this Subdistrict,for property located in Sections 29, 31 and 32, Township 49 South, Range 27 East, consisting of 950±acres. [Coordinator: Corby Schmidt, Principal Planner] G. CPSP-2005-15, Petition requesting an amendment to the Transportation Element , to add new Policies 3.5, 3.6, 3.7 and 3.8, introducing Thoroughfare Corridor Protection Plans (TCPPs),Transportation Corridor Preservation Maps (TCPMs),and associated tables and ordinances,to provide for the protection and acquisition of existing and future transportation corridors. [Coordinator: Don Scott, Transportation Planning Director] H. Winchester Lake Additional Depth Section 16,Township 48 South, Range 28 East [Coordinator: Stan Chrzanowski, Senior Engineer] VIII. Old Business IX. New Business IX Subcommittee Reports X. Council Member Comments A. Discuss Applicants Contacting Members/Provide Members with County E-mail Xl. Public Comments XII. Adjournment ******************************************************************* Council Members: Please notify Summer Araque, Environmental Services Senior Environmental Specialist no later than 5:00 p.m. on March 2, 2007 if you cannot attend this meeting or if you have a conflict and will abstain from voting on a petition (530-6290). General Public: Any person who decides to appeal a decision of this Board will need a record of the proceedings pertaining thereto; and therefore may need to ensure that a verbatim record of proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. •-� COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS DEPARTMENT OF FACILITIES MANAGEMENT MEMORANDUM DATE: February 16, 2007 TO: Collier County Advisory Boards FROM: Skip Camp, CFM, Director Department of Facilities Management REFERENCE: Main Government Complex Reserved Parking A couple of weeks ago, we sent out an announcement that the new parking ^ deck was officially open and therefore, there no longer would be the need for the reserved spaces. After discussions with some board members, it has been decided that the County will reestablish those reserved spaces for all members of the County's advisory boards. The Commission and County staff truly appreciates the work of these boards and are happy to make this accommodation. Should you have any questions or require additional information, please contact me at 774-8380. Thank you. c: Jim Mudd, County Manager Len Golden Price, Administrator Administrative Services Division ^ February 7, 2007 -� MINUTES OF THE MEETING OF THE COLLIER COUNTY ENVIRONMENTAL ADVISORY COUNCIL Naples, Florida, February 7, 2007 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 a.m. in REGULAR SESSION in Building "F" of the Government Complex, Naples, Florida, with the following members present: CHAIRMAN: William Hughes Terrence Dolan (absent) James Harcourt William Hill Lee Horn Judith Hushon Roger Jacobsen Iry Kraut Nick Penniman Michael Sorrell ALSO PRESENT: Stan Chrzanowski, Planning Review Marjorie Student-Stirling, Assistant County Attorney Jeff Wright, Assistant County Attorney Barbara Burgeson, Sr. Environmental Specialist Summer Arague, Sr. Environmental Specialist 1 February 7, 2007 Call to Order The meeting was called to order by Chairman William Hughes at 9:00 a.m. II. Roll Call A quorum was established. The May meeting will be on the 7`". III. Approval of Agenda Mr. Hill moved to approve the agenda. Second by Mr. Penniman. Carries unanimously 7-0. Mr.Harcourt joined the meeting at 9:03 a.m. IV. Approval of January 11, 2007 Meeting Minutes Mr. Penniman moved to approve the January 11,2007 Minutes. Second by Mr. Sorrell. Carries unanimously 8-0. V. Upcoming Environmental Advisory Council Absences Mr. Harcourt accepted a position with the DEP which will create a conflict of interest for remaining on the Environmental Advisory Council so he will be resigning in a few weeks. VI. Land Use Petitions A. Site Development Plan No.PUDZ-2006-AR-9206 "Triangle Parcel" Section 15 and 16,Township 48 South, Range 25 East - Presenters were sworn in by a notary Ken Passarrella,Passarella and Associates, representing Benderson Development Company demonstrated aerial maps of the project location, wetland location, drainage and vegetation. Eight and one half acres of the project are wetlands; the rest is mostly pine flat woods. Around 50% of the wetlands will be impacted by the project which will incur mitigation. Three active and two inactive gopher tortoise burrows were located on the site along with four listed plant species. The presenters are in agreement with staff recommendations. 2 February 7, 2007 Bruce Anderson announced that a correction is in order to right the classification of the project as Commercial not Mixed Use. Summer Arague added that this change will require 15% native vegetation retention instead of the set out 25%. Ken Passarrella noted that this correction will not change the preserve area plans. It was agreed to relocate the tallanzia inside the preserve area. Mr. Hughes introduced Mr. Jacobsen, the new Committee Member. Summer Araque announced that staff recommends approval of the SDP with staff stipulations. Stan Chrzanowski demonstrated the water flow within the surrounding area of the project. Mr. Sorrell suggested monitoring the gopher tortoises after relocation to verify success. Dr. Hushon moved to accept Site Development Plan No. PUDZ-2006-AR- 9206, "Triangle Parcel", Section 15 and 16,Township 48 South, Range 25 East, along with staff recommendations,and an additional recommendation that the tallanzia be moved and request that the tortoises that are moved be monitored with reports back after one and five years. Second by Mr. Hill. Motion carries unanimously 8-0. B. CPSP-2005-14, Petition requesting an amendment to the Future Land Use Map (FLUM)of the Growth Management Plan, to re-designate Rural Fringe Mixed Use District Sending Lands to either Neutral Lands or Receiving Lands,for 92 properties located within various Sections, Townships 48 through 51, Ranges 26 &27, consisting of 3,646 acres total. David Weeks,Planning Manager for the Collier County Comprehensive Planning Department reviewed the history of the petition as laid out in the staff report (see attachment). The designation of the lands was set by evaluating the lands as a whole, not parcel by parcel. A provision was set up for Sending land owners to ask for an exception on the designation of their property as requested during public hearings. The provision was for Sending Lands that abut Neutral or Receiving Lands. There is a legal requirement that applicants have to submit a notarized letter of authorization when a third party is representing the property owner or the application will be recommended to be withdrawn. Mac Hatcher displayed aerials of the properties recommended for approval of re-designation. 3 February 7, 2007 David Weeks reviewed the history of TDRs. Summer Araque noted the letter from the Conservancy (see attachment). Public Comments John Vega, representing Frances and Mary Hussey Triple T Ranch noted that the provisions laid out by the County did not account for the possibility of earth mining; it was set up under the possibility of housing developments. The desire for the property is to mine the area that is not Red-cockaded Woodpecker habitat and assist the Red-cockaded Woodpecker habitat since it is changing; and will soon be lost. Joe Bonness demonstrated a map showing the most valuable land for the Red- cockaded Woodpecker and other endangered species along with the potential mining area. He noted that the Red-cockaded Woodpecker habitat is slowly deteriorating. Assistance is needed to maintain the habitat. The mining is planned to go down 80 feet. It has been shown that Red-cockaded Woodpeckers will live with load noise but they will not live within non- vegetated areas. Tim Hancock, Davidson Engineering representing West Florida Agro Limited properties#1 and#2 noted that the properties are split down the middle between receiving and sending. Parcel#2 is utilized as active agricultural and is infested with Brazilian Pepper. Nicole Ryan, Conservancy of Southwest Florida expressed agreement that the County's designation was good. The lands should be brought back to original states and hydrology. Brad Cornell, Collier County Audubon Society supports staff recommendations except for the proposed approval of parcel #1 because it has hydric soils, it is designated as a strategic habitat conservation area, and it is panther habitat. He also believes that the Gariulo Trust lands should be reevaluated. David Weeks noted that staff has agreed to take Mr. Hancock up on his offer to visit the West Florida Agro parcel. He added that the petitions will be seen again since this is a transmittal hearing. Mr. Penniman moved to approve staff recommendations for approval and denial for all of the parcels listed on the CPSP-2005-14 Spreadsheet with the exception of parcels#1 and #2 pending further investigation by Members of the EAC who are able to visit the site. Second by Mr. Hughes. Motion carries unanimously 8-0. 4 February 7, 2007 A few members of the Committee expressed interest in visiting parcels#1 and #2. It was agreed by the Committee to continue the petition for the two parcels to the March 7th hearings. The meeting recessed at 10:58 a.m. reconvening at 11:16 a.m. VII. Old Business William Hill did not rejoin the meeting at recommencement. Summer Araque announced that I-75 Alligator Ally Commercial PUD was approved by the Board of County Commissioners 5-0. Terafina and Pineview (Naples Nissan) were also adopted by the Board of County Commissioners. VIII. New Business A. Gopher Tortoise Management Plan Revisions Update—Barbara Burgeson Barbara Burgeson gave a power point presentation (see attachment). William Hill rejoined the meeting at 11:18 a.m. Barbara Burgeson mentioned that the Gopher Tortoise Management Plan will be released for public comment on February 16th 2007. Nick Penniman left the meeting at 11:25 a.m. Maureen Bonness is a manager of a Gopher Tortoise recipient site. She received 50 tortoises in February of 2004. There is no requirement to monitor the tortoises after relocation. She did a follow up survey in September 2005 when she received two more tortoises where she counted 71 burrows. Another survey was done last week where 95 burrows were found. Two small burrows for yearlings were identified. Discussion ensued on how to count tortoises instead of just the burrows. IX. Subcommittee Reports Dr. Hushon attended the Commissioners Meeting and spoke on the importance of watershed management plans. She went to the Rookery Bay Public Meeting on the Keewaydin Shuttle issue. The issue is coming up for final vote on February 21St. Mr. Hughes volunteered to attend the meeting. 5 February 7, 2007 X. Council Member Comments Mr. Hughes would like to come up with a simpler way to develop land. XI. Public Comments Summer Araque mentioned the change in the parking arrangements for Committee Members. ***** There being no further business for the good of the County, the meeting was adjourned by the order of the Chair at 12:07 p.m. COLLIER COUNTY ENVIRONMENTAL ADVISORY COUNCIL Chairman, William Hughes These Minutes approved by the Board/Committee on as presented or as amended 6 Item VI.A. ENVIRONMENTAL ADVISORY COUNCIL STAFF REPORT MEETING OF MARCH 7,2007 I. NAME OF PETITIONER/PROJECT: Petition No.: PUD Rezone,No. PUDZ-2005-AR-7422 Petition Name: Wolf Creek PUD Applicant/Developer: Prime Homes, Inc. Engineering Consultant: Banks Engineering Environmental Consultant: Hoover Planning&Development, Inc. II. LOCATION: The subject property is located approximately 1/2 mile west of Collier Boulevard (CR 951), on the north side of Vanderbilt Beach Road (CR 862). The petition would add 30.41 acres for a total of 178.1 acres to be contained within the Planned Unit Development. The subject property is located in Section 34, Township 48 South, Range 26 East, Collier County, Florida. III. DESCRIPTION OF SURROUNDING PROPERTIES: The proposed Planned Unit Development (PUD) is bordered by the Island Walk PUD/DRI to the west, Palermo Cove PUD to the north, the proposed Sonoma Oaks PUD and the Mission Hills PUD to the east, and by Carolina Village PUD to the south. Most of the neighboring uses will be residential development. Both the Carolina Village PUD and the Mission Hills PUD permit commercial development. ZONING DESCRIPTION North: Palermo Cove PUD and Scenic Residential Woods, RMF-6[4] East: Sonoma Oaks MPUD and Residential and commercial Mission Hills CPUD South: Carolina Village MPUD and Commercial Vanderbilt Beach Road --� West: Island Walk PUD/DRI Residential EAC Meeting 3/07/07—Wolf Creek PUD Page 2 of 7 IV. PROJECT DESCRIPTION: The proposed PUD amendment requests a rezone from the Rural Agricultural (A) and Planned Unit Development (PUD) zoning districts to the Residential Planned Unit Development (RPUD) zoning district, to add 20.26± acres and 80 dwelling units to the Wolf Creek RPUD for a total of 167.96± acres and 671 dwelling units, which may be single- or multi-family dwellings, and amend the PUD document and associated Master Plan. The applicant also proposes to reduce the maximum height of multi-family structures from 42 feet and 3 stories to 38 feet and 2 stories; and eliminate nursing homes, private schools, adult living facilities and churches as allowable conditional uses. V. GROWTH MANAGEMENT PLAN CONSISTENCY: Future Land Use Element: The subject property is designated Urban Mixed-Use District, Urban Residential Subdistrict on the Future Land Use Map of the Growth Management Plan. This district is intended to accommodate a variety of residential and non-residential uses, including Planned Unit Developments. The Subdistrict permits a variety of residential unit types at a base density of 4 DU/A and limited to a maximum of 16 DU/A, as allowed under the Density Rating System. No density bonuses are requested and no density reductions are applicable. Therefore the site is eligible for 4 DU/A. The requested density is 3.99 DU/A. 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 totality. Policy 7.1: The County shall encourage developers and property owners to connect their properties to fronting collector and arterial roads, except where no such connection can be made without violating intersection spacing requirements of the Land Development Code. (Access to the project has been provided via Vanderbilt Beach Road.) Policy 7.2: The County shall encourage internal accesses or loop roads in an effort to help reduce vehicle congestion on nearby collector and arterial roads and minimize the need for traffic signals. (Internal access has been provided to neighboring commercial to help reduce vehicle congestion on nearby collector and arterial roads.) EAC Meeting 3/07/07—Wolf Creek PUD Page 3 of 7 Policy 7.3: All new and existing developments shall be encouraged to connect their local streets and their interconnection points with adjoining neighborhoods or other developments regardless of land use type. (The Master Plan provides interconnection between Wolf Creek PUD and Palermo Cove RPUD to the north by way of Wolfe Road, and is further depicted on the Master Plan that the developer of Palermo Cove PUD will extend Pristine Drive north of Wolfe Road. To the south, between the entrance of Wolf Creek PUD and Buckstone Drive, is an interconnection with the proposed roadway, Carolina Way. To the east,provides connection between Buckstone Drive and Mission Hills Drive which connects to Collier Boulevard(CR 951). To the west is the developed gated community of Island Walk PUD, where interconnection is not possible.) Policy 7.4 The County shall encourage new developments to provide walkable communities with a blend of densities, common open spaces, civic facilities and a range of housing prices and types. (This has been depicted on the PUD Master Plan Exhibit A, and is also depicted in Section III Residential Areas Plan, 3.3 through 3.4.A-H.) Based upon the above analysis, Comprehensive Planning staff concludes the proposed uses and density may be deemed consistent with the 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 storm water runoff, storm water 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 runoff leaving the site by utilizing lakes and interconnected wetlands to provide water quality retention and peak flow attenuation during and after storm events. The project as proposed is consistent with the Policies in Objective 6.1 of the Conservation& Coastal Management Element, for the following reasons: Twenty Five percent (25%) of the existing native vegetation is required to be retained. A --� minimum of 32.32 acres has been identified for retained native vegetation preservation within the PUD boundaries. Selection of preservation areas, are consistent with the EAC Meeting 3/07/07—Wolf Creek PUD Page 4 of 7 criteria listed in Policy 6.1.1. Wolf Creek PUD has provided a preserve to the north part of parcel 2 in order to tie into a major wetland flow-way that is being preserved by the Palermo Cove PUD and Summit Place PUD to the north. Preserve management plans are required at the time of Site Development Plan/Construction Plan submittal. Preserve areas shall be required to be maintained free of Category I invasive exotic plants, as defined by the Florida Exotic Pest Plant Council. 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. A wildlife survey for listed species in accordance with Policy 7.1.2 is included in the Environmental Impact Statement(EIS). VI. MAJOR ISSUES: Storm water Management: The addition of these contiguous tracts to the existing Wolf Creek PUD allows for a more efficient storm water collection, treatment and discharge system. The expanded storm water management system must be reviewed, approved, and permitted by the South Florida Water Management District prior to the issuance of any approvals for Site Development Plans or Plats/Plans. Environmental: Site Description: The property contains about 129.29 acres of native vegetation. This includes Palmetto Prairie (1.42 ac), Pine Flatwoods (46.44 ac), Cypress (9.83 ac), Drained Cypress (6.61 ac), Cypress with Melaleuca(1.66 ac), and Pine/Cypress/Cabbage Palm(63.33 ac). Wetlands: Wetland jurisdictional lines have been provided for all parcels in the PUD. There are approximately 15.67 acres of Collier County & SFWMD jurisdictional wetlands on the property. Within the Wolf Creek PUD, 148 acres is covered by a number of different separate SFWMD wetland jurisdiction and site visits done at different times. A wetland jurisdictional was conducted on parcels 1, 2, and 3 on May 3, 2006 by Krista Gentile. For parcel 9 a wetland jurisdictional was conducted on April 2006 by Marie Dessources. EAC Meeting 3/07/07—Wolf Creek PUD Page 5 of 7 SFWMD permit number 11-02332-P covers the remaining parcels within the Wolf Creek PUD. The project proposes approximately 0.67 acres of impact to wetlands on the property which equates to 4.4% of onsite wetlands. Preservation Requirements: The PUD requires preservation of 25% (32.32 acres) of the existing naturally functioning native vegetation all of which is being provided. Approximately 95% (30.8 acres) is currently shown on the Wolf Creek PUD Master Plan. The proposed site plan will impact 1.42 acres (100%) of the Palmetto Prairie, 42.07 acres (90.6%) of the Pine Flatwoods, .67 acres (6.8%) of Cypress, 6.07 acres (91.8%) of the Drained Cypress, and 46.74 acres (79.0%) of the Pine/Cypress/Cabbage Palm. Listed Species: The EIS states, "Squirrels such as gray or Big Cypress fox squirrels may use the property." No other listed species were observed on site. A management plan is provided as part of the EIS (exhibit 14) and will be updated as needed and be included as part of the Site Development/ Construction Plans approval process. Wild pine plants are present .-� in trees scattered throughout the property. VII. RECOMMENDATIONS: Staff recommends approval of Planned Unit Development No. PUDZ-2005-AR 7422, Wolf Creek RPUD with the following conditions: Storm water Management: 1. A modification of the existing SFWMD Environmental Resource Permit must be obtained prior to final County Development Order approval. Environmental: 1. None EAC Meeting 3/07/07—Wolf Creek PUD Page 6 of 7 PREPARED BY: WT41\it., ZiNk)q— KIR TEN WILKIE ENVIRONMENTAL SPECIALIST DATE fr, i4 STAN CHRZANOWS , P.E. ENGINEERING REVIEW MANAGER DATE cQ7//7470 KA ELEM DATE PRINCIPAL PLANNER EAC Meeting 3/07/07—Wolf Creek PUD Page 7 of 7 REVIEWED BY: /,&L.A / - C.) BARBARA S. BURGESON <� DATE PRINCIPAL ENVIRONMENTAL SPECIALIST ENVIRONMENTAL SERVICES DEPARTMENT I ,►��• A ©z.- l4-©7 W "; AM D. LO' ` Z, Jr., 'E., DIRECTOR DATE ENVIRONMENTAL SERVICES DEPARTMENT &he0/0 Approx, : a. to for an; legal sufficiency DATE `a, Jeff E. Writht,/A ssistant County Attorney APPROVED BY: i/ a/2-d D7 JO .EPH K. SCHMIT DA I MMUNITY DEVELOPMENT& ENVIRONMENTAL SERVICES ADMINISTRATOR ITEM NO.: 01- Uv S-- Cri c7 . _ n ,--:: li FILE NO.: ROUTED TO: DATE REC'D: DO NOT WRITE ABOVE THIS SPACE (Orig.9/89; Rev. 6/97) REQUEST FOR LEGAL SERVICES (Please type or print) Date: February 14,2007 To:Office of the County Attorney Attn: MARJORIE STUDENT-STIRLING From: Kirsten Wil e, Environmental Specialist Environmental Services Department Community Development and Environmental Services Division Telephone#: 213-2917 Re: EAC staff report for Wolf Creek PUDZ-2005-AR-7422.CZeQ, +°,.�..Q. Et_ BACKGROUND OF REQUEST/PROBLEM: Please review the accompanying staff report for legal sufficiency. This project is scheduled to be heard at the March 7,2007 EAC meeting. This item been previously submitted. ❑ Yes X No (If previously submitted provide County Attorney's Office File No. ) 1 ACTION REQUESTED: Please review and sign the attached EAC staff report and return to Kirsten Wilkie within 2 days (48 hours)of receipt. OTHER COMMENTS: C: Barbara Burgeson,Principal Environmental Specialist Environmental Services Department William Lorenz,Director Environmental Services Department 2gle" — litletr-‘124-1*ctigliir,..v(tz..,44..Q.) l Item VI.B. ENVIRONMENTAL ADVISORY COUNCIL STAFF REPORT MEETING OF MARCH 7,2007 I. NAME OF PETITIONER/PROJECT: Petition No.: Buttonwood Preserve PUDZ-AR-8997 Petition Name: Q.Grady Minor and Associates, P.A. Applicant/Developer: Elias Brothers Communities at Buttonwood Preserve, Inc. Environmental Consultant: Elena Mandia Hoffman and Alicia Kruse II. LOCATION: The subject property is located south east of Immokalee Road (C.R. 846) and Collier Boulevard (C.R. 951) intersection on Tree Farm Road approximately 0.7 miles east of Collier Boulevard, in Section 35, Township 48 South, Range 26 East, Collier County, Florida. III. DESCRIPTION OF SURROUNDING PROPERTIES: ZONING DESCRIPTION N - Warm Springs PUD (3.78 dwelling units per acre), Tree Farm Road then undeveloped woodlands that has been approved for a Residential Planned Unit Development; S - Vanderbilt Country Club PUD (2.48 dwelling units per acre) and Bristol Pines PUD (3.00 dwelling units per acre), Single-family homes and golf course within the Vanderbilt County Club subdivision and Multi family residential under development; E - Vanderbilt County Club PUD (2.48 dwelling units per acre), Comcast Cable antenna field and single-family homes and golf course within the Vanderbilt County Club subdivision; W - Bristol Pines PUD (3.00 dwelling units per acre), Multi family residential under development; EAC Meeting Page 2 of 8 III. PROJECT DESCRIPTION: The application has requested the rezoning of 55 acres from Agricultural (A) zoning to a Residential Planned Unit Development identified as Buttonwood Preserve RPUD. The subject property has been altered extensively through past agricultural uses, and contains farm buildings and single-family structures. The proposed residential development would consist of single-family dwellings and townhomes, two-family and duplex dwellings and multi family dwellings as permitted uses. A total of 220 residential dwellings have been requested at a density of four dwelling units per acre. The "Conceptual Master Plan" proposed two residential zones (R-1 & R-2). The "R-1" zone would consist of approximately 9.57 acres and would contain single-family dwellings and two- family and duplex dwellings. The "R-2" zone would consist of approximately 11.64 acres and would contain single-family dwellings, townhomes, and two- family and duplex dwellings. A recreational area of approximately .88 of an acre has been located centrally within the residential zoned area. The recreational area has been identified to provide the potential of indoor or outdoor recreational facilities that could provide a variety of recreational amenities, as well incidental personal services that would be limited to use by residents only. The site is providing 14.45 acres of native vegetation area has been provided along Tree Farm Road, of which 13.45 acres in"Preserve"which exceeds the 11.6 acre of native preserve area that is required by the Land Development Code (LDC). A perimeter buffer is proposed along the boundary of the subject property, as well as adjoining the "Recreational Area". A minimum of 60 percent of the overall gross project area shall be devoted to usable open space. Storm water management is proposed through a series of three lakes, which will have combined area of approximately 7.20 acres. The subject property is located within Zone "X" of the FEMA flood insurance rate map. The subject property is located in the 951 Canal North Basin. This project will be required to be designed for a storm event of a 3-day duration and 25-year return frequency, in accordance with the "Rules of the South Florida Water Management District". Access to the subject property will be via Tree Farm Road. Tree Farm Road is an unimproved County road, which is planned to be improved to a"Collector Road" standard. This road project is identified in the 5-Year Capital Improvement Plan for the Transportation Department, and is scheduled to begin construction in 2008. This road improvement project will go from Collier Boulevard (C.R. 951) east to Massey Street. A portion of the subject property is subject to a"Developer Contribution Agreement", approved by the Board of County Commissioners on January 11, 2005, that provided a 30 foot strip of land to be used as right-of-way for Tree Farm Road at no cost to the County. The developer has also agreed to donate an area of 30 feet in with along the northern boundary for right-of-way EAC Meeting Page 3 of 8 purposes. The developer has also agreed to accept the stormwater run-off from the right-of-way for that portion of Tree Farm road east of the project entrance and treat the run-off within the project's water management system. The developer has provided a 50 feet by 120 feet area adjacent to Tree Farm Road and west of the project entrance for Collier County Water and Sewer District raw water easement. The developer has offered to financial contribute a sum of $1,000 per proposed residential dwelling unit constructed within the project to collier County Affordable Housing Trust Fund. A potential $220,000 total contribution would be provided if the 220 dwelling units were constructed. V. GROWTH MANAGEMENT PLAN CONSISTENCY: Future Land Use Element: The subject property is designated Urban (Urban Mixed - Use District, Urban Residential Subdistrict) on the Future Land Use Map of the Growth Management Plan. This district is intended to accommodate a variety of residential and non- residential uses, including mixed-use developments such as Planned Unit Developments. Relevant to this petition, the residential and accessory recreational uses proposed for the RPUD are consistent with the Urban Mixed - Use District, Urban Residential Subdistrict, including single family development. This Subdistrict permits a variety of residential unit types at a base density of 4 DU/A, and limited to a maximum of 16 DU/A, as allowed under the Density Rating System. No density bonuses are requested and no density reductions are applicable. Therefore,the site is eligible for 4 DU/A. Base Density 4 dwelling units per acre Total Eligible Density 4 dwelling units per acre x 55 acres=220 dwelling units 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/densities on the subject site, the compatibility analysis might include a review of both the subject proposal and surrounding or nearby properties as to allowed use intensities and densities, development standards (building heights, setbacks, landscape buffers, etc.), building mass, building location and orientation, architectural features, amount and type of open space and location, traffic generation/attraction, etc. EAC Meeting Page 4 of 8 In an effort to support the Community Character Plan for Collier County, the Future Land Use Element was amended to include Objective 7 and subsequent policies. Policy 7.3 encourages all new and existing developments to connect their local streets and their interconnection points with adjoining neighborhoods or other developments regardless of land use type. The Tree Farm Road RPUD Master Plan, conceptual in nature, provides for no potential interconnects with Warm Springs RPUD to the north of the project, Bristol Pines RPUD to the west and south of the project, and Vanderbilt County Club RPUD to the south and east of the project. The Tree Farm Road RPUD provides an internal pedestrian network with a linkage to Tree Farm Road. Based upon the above analysis, staff concludes the proposed uses and density may be deemed consistent with the 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 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 of the Conservation& Coastal Management Element, for the following reasons: This project is consistent with Policy 6.1.1 regarding the selection of preserves. A minimum of 11.60 acres of native vegetation within the PUD boundaries must be preserved to meet the minimum requirement of 25% on site. The site plan provides 13.45 acres in three preserves. Preserve management plans are required at the time of Site Development Plan/Construction Plan submittal. Preserve areas shall be required to be maintained free of Category I invasive exotic plants, as defined by the Florida Exotic Pest Plant Council. EAC Meeting Page 5 of 8 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. A wildlife survey for listed species in accordance with Policy 7.1.2 is included in the Environmental Impact Statement(EIS). VI. MAJOR ISSUES: Stormwater Management: 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 stromwater to be discharged in Preserves, as allowed in Section 3.05.07." Buttonwood preserve shows on the SFWMD.gov website as having received an ERP approval from SFWMD on 08-Feb-2007 for 54.2 acres of residential land use under permit# 11-02665-P Buttonwood Preserve, f.k.a. Tree Farm PUD sits on the dividing line of the 951 Canal North Basin and the Cypress Canal Basin. The allowable discharge rate for either basin is 0.15 cfs per acre. This site discharges toward the west into the 951 Canal North Basin. The flow goes toward the 951 canal and then north or south as conditions warrant. The internal system consists of two interconnected lakes that discharge through a water control structure toward the west to the wetland preserve. Environmental: Site Description: The property is located in northern Collier County on the east side of County Road 951(C.R. 951) south of Immokalee Road and north of Danbury Boulevard and west of Gleneagle Way. The site is bordered by vacant land in the north; Vanderbilt Country Club to the south; single family homes and Bristol Pines to EAC Meeting Page 6 of 8 the west. The vegetative communities on-site consist of upland pine flatwoods, palmetto prairie, pine, hydric pine, pine and cypress wetlands, with varying degrees of exotic infestation. Wetlands: There are 10.10 acres of jurisdictional wetlands and 0.47 acres of other surface waters. A formal jurisdictional determination was made by South Florida Water Management District (SFWMD) staff on February 10, 2006. Approximately 0.23 acres of wetlands and 0.46 acres of other surface waters are proposed to be impacted by the development. The proposed project will be preserving 89 percent of the wetlands on the property. Preservation Requirements: Of the total 54.21 acres of the project site, 46.40 acres is native vegetation. Twenty-five percent of the native vegetation is 11.6 acres required to be preserved which is being met in three preserve areas consisting of 13.45 acres. Listed Species: One gopher tortoise burrows (inactive) and seven unidentified stick nest were observed on the site during listed species surveys. An updated listed species survey on July 18, 2006 revealed that the gopher tortoise burrow was abandoned. Collier County Environmental Staff observed two Big Cypress fox squirrels while conducting a site visit. A gopher tortoise management plan as well as a Big Cypress fox squirrel management plan are included as part of the EIS. A new gopher tortoise survey will also be required within six months of construction of the site and any tortoises found on the site will be relocated to an approved on-site gopher tortoise preserve area. VII. RECOMMENDATIONS: Staff recommends approval of Buttonwood Preserve PUDZ-2006-AR-8997 with the following stipulations: Stormwater Management: 1. None Environmental: 1. None EAC Meeting Page 7 of 8 PREPARED BY: 1/01,4- KIRSTEN WILKIE DATE ENVIRONMENTAL SPECIALIST ENVIRONMENTAL SERVICES DEPARTMENT i4FjJ7 STAN CHRZANO.' SKI, P.E. DATE ENGINEERING REVIEW MANAGER ENGINEERING SERVICES DEPARTMENT / f1 ICHAEL DERr TZ, A.I.C.P. DA E PRINCIPAL PL• ER DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW EAC Meeting Page 8 of 8 REVIEWED BY: ait,h2/CCti (13a/lia. -0 7 BARBARA S. BURGESON DATE PRINCIPAL ENVIRONMENTAL SPECIALIST ENVIRONMENTAL SERVICES DEPARTMENT II I ,� D��lw07 `" LIAM D. LO' !�, Jr., P.''. DATE ENVIRONMENTAL SERVICES DEPARTMENT DIRECTOR Z �/09- App �. as.o for • and legal sufficiency D TE dpi Jeff . !f;ht, Assistant County Attorney V - APPROVED BY: O �7 OS' PH K. SCHMIT ME CO, MUNITY DEVELOPMENT &ENVIRONMENTAL SERVICES _,ri MINISTRATOR ITEM NO.: (l —L.�1cj 4(0-(5 FILE NO.: ROUTED TO: DATE REC'D: DO NOT WRITE ABOVE THIS SPACE (Orig. 9/89; Rev. 6/97) REQUEST FOR LEGAL SERVICES (Please type or print) Date: February 14,2007 To:Office of the County Attorney Attn: MARJORIE STUDENT-STIRLING i Environmental From: Kirsten W Specialist Environmental Services Department Community Development and Environmental Services Division Telephone#: 213-2917 Re: EAC staff report for Buttonwood Preserve PUDZ-AR-8997. BACKGROUND OF REQUEST/PROBLEM: Please review the accompanying staff report for legal sufficiency. This project is scheduled to be heard at the March 7, 2007 EAC meeting. This item been previously submitted. ❑ Yes X No (If previously submitted provide County Attorney's Office File No. ) ACTION REQUESTED: Please review and sign the attached EAC staff report and return to Kirsten Wilkie within 2 days (48 hours) of receipt. OTHER COMMENTS: C: Barbara Burgeson, Principal Environmental Specialist Environmental Services Department William Lorenz, Director Environmental Services Department Z Z0 - 4- 17 Item VII.0 ENVIRONMENTAL ADVISORY COUNCIL STAFF REPORT MEETING OF March 7, 2007 I. NAME OF PETITIONER/PROJECT Petition No.: PUDZ 2005-AR-7804 Petition Name: IMMOKALEE ROAD SOUTH MPUD Applicant/Developer: RESOURCE CONSERVATION PROPERTIES, MANAGING PARTNER OF THE ESTATES OF TWIN EAGLES, LTD Engineering Consultant: RWA, INC Environmental Consultant: WILSON MILLER II. LOCATION The subject property is located on the south side of Immokalee Road (County Road 846), east of Collier Boulevard (County Road 951), in Sections 29, 30, 31 and 32, Township 48 South,Range 26 East, Collier County, Florida. III. DESCRIPTION OF SURROUNDING PROPERTIES ZONING DESCRIPTION N - Agriculture (A) Immokalee Road, then Twin Eagles, a developing golf course community S - Estates (E) Proposed Vanderbilt Beach Road extension and a canal, then scattered, developed single- family home sites E - Agriculture with a Mobile agricultural operations and single family Home Overlay homesites W- Agriculture with a Mobile agricultural operations and a mixture of Home Overlay mobile home and conventional single family home sites EAC Meeting Page 2 of 21 IV. PROJECT DESCRIPTION The petitioner seeks to rezone 563+ acres from A-MHO-RFMUO (Rural Agricultural-Mobile Home Overlay-Rural Fringe Mixed Use Overlay) to MPUD- RFMUO (Mixed-Use Planned Unit Development-Rural Fringe Mixed Use Overlay) to allow development of a Rural Village, as that term is defined in the LDC. The Rural Village will consist of a minimum of 939 dwelling units and a maximum of 1,407 dwelling units; two neighborhood centers totaling 4.69 acres, with no more than 15,980 square feet of commercial/office uses; a Village Center totaling 46.94+ acres,with no more than 140,800 square feet of commercial/office uses; and, over 199.43 acres of lakes,preserves, and greenbelt. V. GROWTH MANAGEMENT PLAN CONSISTENCY A. Future Land Use Element The subject property is designated Agricultural/Rural, Rural Fringe Mixed-Use District (RFMUD), Receiving Lands on 469+ acres, Agricultural/Rural, Rural Fringe Mixed-Use District, Sending Lands on 79+ acres, and Agricultural/Rural, Rural Fringe Mixed-Use District,Neutral Lands on 15+ acres. Relevant to the RFMUD, the district employs a balanced approach, including both regulations and incentives, to protect natural resources and private property rights, providing for large areas of open space, and allowing, in designated areas, appropriate types, density and intensity of development. Specifically, the RFMUD allows development in the form of a Rural Village on lands designated Receiving, subject to certain criteria and development standards. The applicant proposes to develop a Rural Village on both Receiving and Neutral Lands, inconsistent with FLUE provisions. The Rural Village, including the required greenbelt, preserve, open space, structures, parking, and etc. is proposed within the project's Receiving Lands. However, a water management lake - an integral component of the Rural Village - is proposed on Neutral Lands. The FLUE and LDC provisions allow Rural Village development on Receiving Lands only, not Neutral Lands. The applicant contends that the water management lake located on the Neutral Lands portion of the project, will in part,provide for stormwater runoff/retention from the project's required primary roadway. Staff's position is if the drainage is only necessitated by the roadway, then the use of the Neutral Lands for this purpose would be consistent with the FLUE and the LDC. However, if the drainage area is needed for the Rural Village development then the stormwater -'1 management area must be located on Receiving Lands, not on Neutral Lands. As noted in the Statement of Compliance the water management lake located on EAC Meeting Page 3 of 21 Neutral Lands will not only serve the roadway, but the Rural Village itself. Therefore it is staff's position that the water management on Neutral Lands is not consistent with the FLUE. The Rural Village must be consistent with the Collier County Future Land Use Element, RFMUD, Receiving Lands and the Land Development Code, RFMU zoning overlay provisions. The relevant FLUE provisions are stated below, followed by staff's analysis in italics. Locational Restrictions: 1. A Rural Village shall not be located any closer than 3.0 miles from another Rural Village. The subject petition is the first application for a rural village within the RFMUD. 2. No more than one Rural Village may be located in each of the distinct Receiving Areas depicted on the FLUM. The subject petition is the only rural village proposed for this Receiving area. 3. A Rural Village shall have direct access to a roadway classified by Collier County as an arterial or collector roadway. Alternatively, access to the Village may be via a new collector roadway directly accessing an existing arterial,the cost of which shall be borne entirely by the developer. The subject project has direct access to Immokalee Rd. (C.R. 846), a principal arterial, and is providing a primary roadway, which the developer committed to construct at the time of the Growth Management Plan Amendment approval in 2004. This required roadway will run through the rural village between C.R. 846 and future Vanderbilt Beach Rd. extension. (It should be noted that during the Comprehensive Plan Amendment review stage, Transportation Planning staff determined that the project would necessitate a 4-lane divided section with 6-feet sidewalks and bike lanes in order to be consistent with the Transportation Element, Policy 5.1. Comprehensive Planning staff defers to Transportation Planning staff for project consistency with this roadway/sidewalk requirement.) 4. A Rural Village shall be located where other public infrastructure, such as potable water and sewer facilities, already exists or are planned. The subject property is located within the County's water and sewer service area as identified in figure PW-2 in the Potable Water Sub element and figure SS-2 in the Sanitary Sewer Sub element. The Public Utilities Division plans to extend water and sewer facilities to the subject area. EAC Meeting Page 4 of 21 Rural Village Sizes and Density: 1. Rural Villages shall be a minimum of 300 acres and a maximum of 1,500 acres, except within Receiving Lands south of the Belle Meade NRPA where the maximum size may not exceed 2,500 acres. The Rural Village size is exclusive of the required green belt area. Rural Villages shall include a Village Center and a minimum of two distinct neighborhoods. The proposed rural village is 469.40 acres and includes a perimeter greenbelt (166.80 acres), village center (46.94 acres), and three residential neighborhoods (totaling 200.03 acres). 2. The minimum and maximum gross density of a Rural Village shall be 2.0 units per gross acre and 3.0 units per acre, respectively. The density calculation for a Rural Village may include the base residential density permitted for the greenbelt area, if such density is shifted to the Rural Village area. The petitioner proposes to develop a minimum of 939 units (2.00 DU/A) and a maximum of 1,407 units (2.997 DU/A). The minimum and maximum number of residential units proposed, and resulting density, is consistent with the minimum and maximum gross density allowed in the rural village (Minimum: 469.40+ acres x 2.00 DU/A = 938.8 or 939 DUs and Maximum: 469.40+ acres x 2.997 DU/A = 1,406.79 or 1,407 DUs). 3. Density shall be achieved as follows: a) The base density for the Agricultural/Rural Designation of 0.2 dwelling units per acre(1.0 dwelling units per five acres) for lands within the Rural Village, and the land area designated as a greenbelt surrounding the Rural Village, is granted by right for allocation within the designated Rural Village. The base density derived from the project's Receiving Lands is 94 (93.88) dwelling units (469.40±acres X.2 DU/A). b) The additional density necessary to achieve the minimum required density for a Rural Village shall be achieved by any combination of TDR Credits and TDR Bonus Credits. For each TDR Credit acquired for use in achieving the minimum density in a Rural Village, one Rural Village bonus unit shall be granted. This provision will be monitored at the time of TDR redemption, which will occur at final Plat or SDP. EAC Meeting Page 5 of 21 c) Additional density between the minimum and maximum amounts established herein may be achieved through any of the following, either individually or in combination: 1) Additional TDR Credits. 2) TDR Bonus Credits 3) A 0.5 unit bonus for each unit that is provided for lower income residents and for entry level and workforce buyers. 4) A density bonus of no more than 10% of the maximum density per acre allowed for each additional acre of native vegetation preserved exceeding the minimum preservation requirements set forth in Policy 6.1.2 of the CCME. 5) A density bonus of no more than 10% of the maximum density per acre as provided in Policy 6.2.5(6)b of the CCME. These TDR density allowances will be monitored at the time of TDR redemption, which will occur at final Plat or SDP. Land Use Mix: 1. Acreage Limitations a) Neighborhood Center - 0.5% of the total Village acreage, not to exceed 10 acres, within each Neighborhood Center. The petitioner is proposing to develop two neighborhood centers totaling 4.69+ acres. The proposed neighborhood center acreage is consistent with the FLUE. b) Neighborhood Center Commercial — Not to exceed 40% of the Neighborhood Center acreage and 8,500 square feet of gross leasable floor area per acre. The petitioner is proposing to develop two neighborhood centers totaling 4.69 acres with a maximum of 15,980 square feet of commercial/office uses. Commercial development within the neighborhood centers is limited to 1.88 acres or .94 acres per center with no more than 7,990 sq.ft. of commercial/office uses. The proposed neighborhood center commercial acreage and gross leasable square feet is consistent with FLUE provisions. c) Village Center-Not to exceed 10% of the total Village acreage. According to the PUD Master Plan and PUD document, the proposed ,..� village center is 46.94 acres. The proposed village center acreage is consistent with FLUE provisions. EAC Meeting Page 6 of 21 d) Village Center Commercial - Not to exceed 30% of the Village Center acreage and 10,000 square feet of gross leasable floor area per acre. The petitioner proposes to develop the village center with 140,800 square feet of commercial/office uses on 14.08 acres. The proposed village center commercial acreage and square feet is consistent with FLUE provisions. e) Research and Technology Parks — Consistent with the provisions of the Research and Technology Park Subdistrict in the Urban Mixed Use District, excluding paragraph j; the Park shall not exceed 4% of the total Village acreage. This provision is not applicable to this petition, as an R & T Park is not proposed. f) Civic Uses and Public Parks - Minimum of 10% of the total Village acreage. Approximately 46.94 acres have been allocated for civic and park uses within the residential and commercial areas of the PUD, consistent with FLUE requirements. Open Space and Environmental Protection: 1. Greenbelts: In addition to the requirements for parks, village greens, and other open space within the Rural Village, a greenbelt averaging 300 feet in width but not less than 200 feet in width, shall be required at the perimeter of the Rural Village. The Greenbelt is required to ensure a permanent un-developable edge surrounding the Rural Village, thereby discouraging sprawl. Greenbelts shall only be designated on Receiving Lands. The allowable residential density shall be shifted from the designated Greenbelt to the Rural Village. The greenbelt may be concentrated to a greater degree in areas where it is necessary to protect listed species habitat, including wetlands and uplands, provide for a buffer from adjacent natural reservations, or provide for well field or aquifer protection, Golf courses and existing agriculture operations are permitted within the greenbelt, subject to the native vegetation preservation requirements specified below in paragraph 2. However, golf course turf areas shall only be located within 100 feet of the Greenbelt boundaries (interior and exterior boundary); further, these turf areas shall only be located in previously cleared, or disturbed areas (see CCME Policy 6.1.2(1)). EAC Meeting Page 7of21 The petitioner proposes to include a 166.80 acre greenbelt, averaging 300 feet in width but not less than 200 feet in width, around the perimeter of the rural village. The petitioner did not provide greenbelt dimensions; however, based on staff calculations it appears that the proposed greenbelt width and acreage are consistent with FLUE provisions. Open Space and Native Vegetation Retention. a) Native Vegetation shall be preserved as set forth in the Conservation and Coastal Management Element Policy 6.1.2. Comprehensive Planning staff defers to Environmental Services staff for project consistency with CCME Policies. b) Open Space: Within the Rural Village and required Greenbelt, in aggregate, a minimum of 40% of Open Space shall be provided. The subject project is required to provide at least 187.76+ acres of open space. Approximately 199.43 acres of open space is identified on the MPUD Master Plan. ,.� c) An environmental impact statement for the Rural Village and surrounding greenbelt area shall be submitted in accordance with Policy 6.1.7 of the CCME. Comprehensive Planning staff defers to Environmental Services staff for project consistency with CCME Policies. Fiscal Neutrality: A Rural Village may only be approved after demonstration that the Village will be fiscally neutral to county taxpayers outside of the Village. 1. An analysis shall be conducted and submitted in conjunction with the PUD rezone and/or DRI application evaluating the demand and impacts on levels of service for public facilities and the cost of such facilities and services necessary to serve the Rural Village. This evaluation shall identify projected revenue sources for services and any capital improvements that may be necessary to support the Village. Additionally, this analysis shall demonstrate that the costs of providing necessary facilities and services shall be fiscally neutral to County taxpayers outside of the Village. At a minimum, the analysis shall consider the following: [FLUE text is bold followed by staff responses in italics] a) Stormwater/drainage facilities; The applicant states "the project is being designed and permitted in accordance with the most stringent water quality criteria existing under EAC Meeting Page 8 of 21 current law. Additionally 50% of the required water quality treatment is provided in the design of the system. All discharges to the Big Cypress Canal system proposed are at pre-development rates at pre-development locations"—no impacts to the County. b) Potable water provisions and facilities; The project will be served by the Orange Tree Utility until approximately 2012, at which time the facility is expected to be turned over to Collier County. The property owners within the Village will be responsible for connections fees to the Orange Tree Utility and then again to Collier County in 2012. The analysis indicates that revenues generated by user fees will cover operational expenses. c) Reuse or"Grey"water provisions for irrigation; Reuse water is not available to serve this project. Wells and/or potable water will be used for project irrigation. This project will increase the demand on water supplies; however, it is expected that there will be an adequate water supply available to support the project's demand. d) Central sewer provisions and facilities; The project will be served by the Orange Tree Utility until approximately 2012, at which time the facility is expected to be turned over to Collier County. The property owners within the Village will be responsible for connections fees to the Orange Tree Utility and then again to Collier County in 2012. The analysis indicates that revenues generated by user fees will cover operational expenses. e) Park facilities; The analysis indicates that during the 5-year development phase (2008- 2012) the projected Capital Revenues ($3,890,533) for park facilities exceed projected Capital Expenses ($1,709,505) — no impact to the County. The fiscal impact analysis indicates that annual operational expenses will be covered by Ad valorem taxes. f) Law enforcement facilities; The analysis indicates that during the 5-year development phase (2008- 2012) the projected Capital Revenues ($176,775)for law enforcement facilities exceed the projected Capital Expenses ($101,918) — no impact to the County. The fiscal impact analysis indicates that annual operational expenses will be covered by Ad valorem taxes. EAC Meeting Page 9 of 21 g) School facilities; The analysis indicates that at the end of the 5-year development phase (2012) the Village will generate approximately 319 new students. According to the analysis, this figure remains unchanged twenty and thirty years beyond build-out. There are two methods to determine student related impacts; cost of student stations and financed cost of student stations. The financed cost of student stations alternative methodology was used by the applicant to determine impacts created by this project. The analysis indicates that over the 5-year development phase (2008-2012) the projected Capital Revenues ($10,321,462) for schools will exceed the projected Capital Expenses ($7,391,077). The fiscal impact analysis indicates that annual operational expenses will be covered by Ad valorem taxes. [Capital Expenditures are estimated at $12,993,506 using the cost of student station methodology over the 5-year development phase.] h) Roads, transit,bicycle and pedestrian facilities and pathways; The analysis indicates that during the 5-year development phase (2008- ^ 2012) projected Capital Revenues ($16,262,078)for roadways will be insufficient to cover Capital Expenses ($23,610,260), despite an anticipated monetary contribution of$4.46 million from the developer in year 2010 ($1.56 million for right-of-way costs and $2.9 million for design, permitting, and construction of the two-lane primary roadway). The fiscal impact analysis indicates that annual operational expenses will be covered by Ad valorem taxes and gas taxes. i) Solid Waste facilities. The demand on solid waste facilities will increase as a result of this approval. However, the analysis indicates that revenues generated by user fees will offset impacts. Development phasing and funding mechanisms to address any impacts to level of service in accordance with the County's adopted concurrency management program. Accordingly, there shall be no degradation to the adopted level of service for public facilities and infrastructure identified above. The Future Land Use Element states "A Rural Village may only be approved after demonstration that the Village will be fiscally neutral to county taxpayers outside ^-� of the Village." Staff believes the intent of this provision is that a project must be fiscally neutral from its inception, not at some point in the future, years after EAC Meeting Page 10 of 21 project approval and development impacts have occurred. When negative impacts are identified in a project's fiscal impact analysis, such as funding shortages or degradation of adopted levels of service, then measures must be undertaken by the applicant to remedy these impacts. Impacts may be lessened or eliminated through project phasing, developer contributions, or other Board-approved measures. The fiscal impact analysis provided for this petition identifies a shortage in Capital Revenues for roadways, resulting from the approval of this Rural Village. The analysis identifies a developer contribution of$4.6 million in year 2010 that will help defray costs associated with these impacts, but does not render the Development fiscally neutral to county taxpayers outside the Rural Village. The analysis does not state with certainty when the project will become fiscally neutral to the county taxpayers. As part of the development of Rural Village provisions, land development regulations shall identify specific design and development standards for residential, commercial and other uses. These standards shall protect and promote a Rural Village character and shall include requirements for parks, greens, squares, and other public places. In addition to the public spaces required as a part of a Village Center or Neighborhood Center, Rural Villages shall incorporate a village park and neighborhood parks. In addition,the following shall be addressed: Rural Village, Village Center and neighborhood design guidelines and development standards: • A formal street layout, using primarily a grid design and incorporating village greens, squares and civic uses as focal points. Specific compliance will be determined during Plat and SDP review. • Neighborhoods and the village center will be connected through local and collector streets and shall incorporate traffic calming techniques as may be appropriate to discourage high-speed traffic. Specific compliance will be determined during Plat and SDP review. • Consideration shall be given to the location of public transit and school bus stops. Specific compliance will be determined during Plat and SDP review. • Pedestrian paths and bikeways shall be designed so as to provide access and interconnectivity. Specific compliance will be determined during Plat and SDP review. • The siting of both schools and housing units within the village shall consider the minimization of busing needs within the community. This provision is not applicable to this project. The Collier County School Board has not requested that a school be located within this rural village. The School Board plans to construct an elementary school and middle school in close proximity to this project. The developer will coordinate with the County and EAC Meeting Page 11 of 21 School Board on the alignment of the `primary roadway", adjacent to the School Board's property. ■ Each Rural Village shall be served by a primary road system that is accessible by the public and shall not be gated. The road system within the village shall be designed to meet County standards and shall be dedicated to the public. The primary roadway running through the rural village connecting Immokalee Rd. to Vanderbilt Beach Rd. extension is identified as a public roadway in Section II of the MPUD. This roadway shall be public, constructed to county standards, and shall not be gated. • A Rural Village shall not be split by an arterial roadway. The proposed primary roadway through the rural village is neither intended to be classified nor function as an arterial roadway. • Interconnection between the Rural Village and adjacent developments shall be encouraged. The petitioner originally proposed a project interconnection to the adjacent Neutral Lands east of the project boundary via an existing access road (MPUD dated 6/12/06). Staff's understanding is that the interconnection/access road was intended to serve three individually owned properties located internal to the project boundaries as well as to potentially provide an interconnection to other neighboring properties. The three properties, however, have since been acquired by the petitioner and incorporated into the project for use as a water management area. Consequently, the interconnection is no longer provided and no other interconnections to neighboring properties have been proposed for the project. The original interconnection potentially provided direct access from the neighboring properties to the Village's spine road, linking the area to commercial development and the proposed school and park site. This interconnection potentially could have decreased the number of trips on Immokalee Rd. and future Vanderbilt Beach Rd. extension. It should be noted that project interconnections are necessary for improving the overall transportation network in the County. Interconnections provide alternative transportation routes to adjacent properties, thereby reducing the number of trips on already congested roadways, such as Immokalee Rd. The Growth Management Plan encourages project interconnections and staff believes that there are opportunities for interconnections to the east and west of the subject site. Specific allocations for land uses including residential, commercial and other non- residential uses within Rural Villages, shall include,but are not limited to: • A mixture of housing types, including single-family attached and detached, as well as multi-family. Housing that is provided for lower income residents and for entry level and workforce buyers shall receive a credit of 0.5 units for each unit constructed. Collier County shall develop, as part of the Rural Village Overlay, a methodology for determining the rental and fee-simple market rates that will •—� qualify for such a credit, and a system for tracking such credits. EAC Meeting Page 12 of 21 The MPUD provides for a mixture of housing types including affordable- workforce housing (2 DU/A or 94 DUs), as required by the Collier County Land Development Code (LDC). • A mixture of recreational uses, including parks and village greens. The proposed rural village is required to have a minimum of 46.94± acres of civic uses and public parks. Recreational uses, including parks, are referenced in the MPUD as permitted uses and a note has been added on the PUD Master Plan to require this mixture of uses. • Civic, community, and d other institutional uses. The proposed rural village is required to have a minimum of 46.94+ acres of civic uses and public parks. Civic uses are referenced in the MPUD as permitted uses and the required acreage allocations are identified on the Site Summary Table on the PUD Master Plan. • A mixture of lot sizes, with a design that includes more compact development and attached dwelling units within neighborhood centers and the Village Center, and reduced net densities and increasingly larger lot sizes for detached residential dwellings generally occurring as development extends outward from the Village Centers. Specific compliance will be determined during Plat and SDP review. • A mixture of retail, office, and services uses. The MPUD provides for a mixture of retail, office and service uses within the neighborhood centers and village center. • Specific development standards, including but not limited to, maximum net densities; required yards; landscaping and buffering, and building heights. The MPUD provides for specific development standards for residential, non- residential, and commercial development within the rural village. 4. If requested by the Collier County School Board during the PUD and/or DRI review process, school sites shall be provided and shall be located to serve a maximum number of residential dwelling units within walking distance to the schools. Accordingly, schools, if requested, shall be located within or adjacent to the Village Center. Where a school site is requested and provided, a credit toward any applicable school impacts fees shall be provided based upon an independent evaluation/appraisal of the value of the land and/or improvements provided by the developer. This provision is not applicable to this petition; the Collier County School Board did not request a school site within this rural village. Conclusion: (a) The minimum and maximum densities and the proposed project acreages and land uses, except the water management lake proposed on Neutral Lands, may be r-� deemed consistent with the FLUE. The proposed development of the Neutral EAC Meeting Page 13 of 21 Lands for a water management lake intended to, in part, support the Rural Village development is inconsistent with the FLUE. (b) The project as proposed is not fiscally neutral to county taxpayers outside the Rural Village, as required by the FLUE. The fiscal analysis provided, identifies shortages in Capital Revenues, specifically for roads. Stipulations: 1. Revise Statement of Compliance#1, Paragraph 3, to read: "Affordable-workforce housing will be provided as follows: 47 dwelling units affordable to families at or below 80% of median income and 47 dwelling units affordable to families at or below 100% of median income. Construction of 28 affordable-workforce units must commence before 35% of the minimum required number of units to be constructed (939 units) receive a Certificate of Occupancy (CO) and construction of all affordable-workforce units must commence before 75% of the minimum required number of units to be constructed(939 units)receive a CO." 2. Relocate the following portion of Paragraph 3, Statement of Compliance#1 to Section VIII of the PUD -Developer Commitments: �-. "Resale of units will be restricted for a period of 15 years; in the event of the sale of any unit before that time, 50% of the net gain from such sale shall be paid from the seller to the Affordable Housing Trust Fund or similar entity at the direction of Collier County. Workforce housing may be provided on a rental basis provided any tenant qualifies under the appropriate percentage of median income determined by the Department of Operational Support and Housing." B. Conservation & Coastal Management Element GOAL 2: The County shall protect its surface and estuarine water resources. 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 EAC Meeting Page 14 of 21 interconnected wetlands to provide water quality retention and peak flow attenuation during storm event. GOAL 6: The County shall identify, protect, conserve and appropriately use its native vegetative communities and wildlife habitat. The Immokalee Road South rural village consists of 469 acres of receiving area, 15 acres of neutral area adjacent to the village, and 79 acres of sending area located south of the rural village. Receiving areas require 25% of the total area of native vegetation to be preserved, which would result in 117.3 acres of preservation (25% of the 469 total receiving area). Neutral areas require 45% of the total area to be preserved, or 60% of the existing native habitat, whichever is less. In this case, 45% of the neutral parcel equals 6.7 acres required to be preserved. Sending areas require 80% of the total area of native vegetation to be preserved, which would result in 63.4 acres of preservation(80% of the 79 total sending area). GOAL 7: The County shall protect and conserve its fisheries and wildlife. The project is not located within the Conservation Designation on the Future Land Use Map, the Big Cypress Area of Critical State Concern, the Natural Resources Protection Area, Sending Lands, or Habitat Stewardship Areas. Approximately three (3) gopher tortoises occur on the site. Locations of their burrows are provided on Figure 3 of the Habitat and Listed Species Survey Report in Exhibit F of the EIS. Although no panthers have been observed on site and no panther telemetry points are located on site, potential secondary impacts to the species may warrant off-site mitigation. Also FWC may require off-site mitigation for impacts to habitat used by the Florida black bear, which was observed on site. This mitigation would also adequately off-set potential impacts to Florida panther and Big Cypress fox squirrel habitat, two species that have the potential to occur onsite, but have not been observed. The wood stork and indigo snake were not observed onsite, but do have the potential to exist on the site. No other state or federally listed wildlife have been documented on the project site. Additional species-specific management plans may be generated during the state Environmental Resource Permit review process for species that may have the potential to use the site,but were not documented. No fisheries are located on site. GOAL 11: The County shall provide for the Protection, Preservation, and Sensitive Re-use of Historic Resources. From November 2004 to January 2005, Archeological and Historical Conservancy, EAC Meeting Page 15 of 21 Inc. (AHC) conducted a Phase 1 archaeological survey to assess of the property for archaeological sites. The results of that survey included identification of ten archaeological sites. Two of the ten sites (site numbers 8CR833 and 8CR834) are within the development footprint and eight sites are proposed to be preserved. The applicant has contracted with AHC to conduct Phase 2 and Phase 3 archaeological surveys to further assess the sites within the development footprint to determine their significance. The Phase 2 assessment is complete and the Phase 3 assessment is in progress. In order to avoid unnecessary duplication of existing regulatory programs, said documentation will be coordinated with the state (SHPO) during the SFWMD ERP process prior to Site Development Plan approval. GOAL 13: The County Shall Avoid Unnecessary Duplication of Existing Regulatory Programs The applicant is requesting a Conceptual Individual Environmental Resource Permit (ERP) from the South Florida Water Management District(SFWMD). The ERP will address water quality and quantity, wetland, archaeological (SHPO coordination), and listed species (FWC coordination) issues. The SFWMD wetland areas on the site are isolated and nonjurisdictional to the U.S. Army Corps of Engineers. VI. MAJOR ISSUES: A. Stormwater Management 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 in Preserves as allowed in section 3.05.07 . An application for the Immokalee Road South(IRS)project was first received by SFWMD on 21 Nov 2005. The applicant's engineer at the time was Agnoli,Barber, and Brundage(ABB). A request for additional information(RAI)was sent to the applicant by SFWMD on 21 December 2005. A response was received by SFWMD on 19 Oct 2006, and another RAI was sent out by SFWMD on 17 Nov 2006. The present engineer is RWA. This IRS site sits within the Cypress Canal Basin which empties into the Golden Gate drainage system. The basin has an allowable discharge rate of 0.15 cfs per acre. The site has the standard system of interconnected wet and dry retention areas and wetlands and the overall site discharges to the south into the east-west Cypress Canal which turns south and flows into the Main Golden Gate Canal. The"Surface and Groundwater Management Section"on page 21 of the EIS sums up the IRS site conditions,but seems to state that the groundwater levels are 18 inches below historical levels due to overdraining. The danger in trying to restore this level would be a EAC Meeting Page 16 of 21 possible adverse impact to the Rock Road residential area to the east, which already experiences seasonal flooding. B. Environmental 1) Site Description The Immokalee Road South property is largely undeveloped and contains the following major vegetation associations: cabbage palm forests,mixed cypress and cabbage palm forests, cypress forests, cabbage palm and pine flatwoods with graminoid understory cabbage palm and pine flatwoods with palmetto understory, and primitive roads and trails. With the exception of Brazilian pepper along existing trails, fence lines, and both sides of the wetland and upland interface, and localized concentrations of melaleuca,the site is relatively free of exotic vegetation. Certain portions of these plant communities have been disturbed by hydrologic impacts resulting from adjacent roadways and canals, timber harvesting,partial clearing, and the effects of wildfires. Portions of the property have been developed in the past, including pastures that were cleared or partially cleared for cattle grazing and minor areas that were cleared for unpaved roads and dirt trails. Most recently, a temporary water detention pond was created in the northeastern property corner to receive water from the recently-improved Immokalee Road corridor. This temporary feature, and its stormwater function,will be incorporated into the Immokalee Road South master plan and water management system. 2) Wetlands: Of the project site, 23.61 acres (4±% of the site) are jurisdictional to the SFWMD. Wetlands on the property consist primarily of cypress systems and freshwater marsh areas with scattered pop ash. Many of these wetland areas contain various amounts of Brazilian pepper(Schinus terebinthifolius) around their perimeters. There are six SFWMD jurisdictional wetlands within the project site, as indicated on the FLUCCS map. The extent of the wetlands illustrated within the Immokalee Road South property reflects wetland limits approved by SFWMD via an informal jurisdictional determination(JD). The boundaries were later surveyed. All six wetlands contain low to moderate infestations of Brazilian pepper around their perimeters and in some interior areas. A total of 23.61 acres of wetlands will be enhanced and retained on site within and adjacent to the 469 acres encumbering the rural village. The locations of the preserved wetlands and associated greenbelt and wildlife corridor are shown on the attached MPUD master plan. Wetland functional values quantified by the SFWMD Unified Mitigation Assessment Method(UMAM) are attached to the EIS. 3) Preservation Requirements EAC Meeting Page 17 of 21 According to Section 3.05.07 of the Collier County Land Development Code, a percentage of native vegetation within various land use categories must be preserved. The Immokalee Road South project contains Rural Fringe Receiving Lands,Neutral Lands, and Sending Lands. The project consists of 469 acres of rural fringe receiving lands that represents the location of the proposed rural village. The acreage of native vegetation preservation required for the receiving lands category is 25%of the receiving lands total acreage. Therefore, 25% of the 469 acres of receiving area is 117.35 acres of native vegetation preservation required. The amount of native vegetation preservation to be retained by the project will exceed the rural fringe Growth Management Plan amendment requirement of 117.3 acres by preserving 130.9 acres. A 15-acre out parcel composed of neutral lands area falls within the PUD,but outside the rural village. The acreage of native vegetation preservation required for the neutral lands category is 60% of the existing native vegetation in that parcel, not to exceed 45% of the parcel acreage. Forty five percent(6.7 acres) of the neutral parcel is proposed to be preserved within the 14.82-acre neutral lands property. The 79-acre sending lands parcel located to the south of the rural village has a requirement to preserve 80% (63.36 acres). The sending lands area will consist of preserve and potentially a 100' ROW connection to Vanderbilt Beach Road Extension, with water management outfall facilities. The exact location of this ROW connection to Vanderbilt Beach Road will be identified and approved by Collier County Transportation Services prior to approval of the first development order within this Rural Village MPUD. 4) Listed Species: Five (5) Gopher Tortoise (Gopherus polyphemus)burrows were observed on the northern portion of project site during initial listed species surveys. Pedestrian transects conducted through October 2001 identified a total of 5 Gopher Tortoise burrows (two active, one inactive, and two abandoned). The majority of the site is not composed of suitable Gopher Tortoise habitat. The survey was updated in April 2005 and five active or inactive burrow locations were identified. Research has indicated that 40 to 50 breeding Gopher Tortoise individuals are required for a long-term, viable population. Therefore, the survey results indicate that the site does not contain a long-term viable population of Gopher Tortoises. These tortoises are proposed to be preserved on 1.2 acres of on-site suitable tortoise habitat. Currently, one active tortoise burrow is located within the preserve limits. Wood stork(Mycteria americana)habitat is limited to a subset of the 641 FLUCCS types within the existing wetlands that are not crowded with exotics. Since these herbaceous areas that are relatively open and free of exotics are very small and widely spaced, the EAC Meeting Page 18 of 21 potential for wood storks to forage on site is relatively low. No wood storks were observed during the listed species surveys. The project proposes to preserve and/or enhance all of the site's jurisdictional wetlands, including enhancing the quality of several of the marshes (FLUCCS 641),which will increase the quality of the habitat available for use by listed wading birds, such as wood storks. In addition, approximately 64± acres of surface water management lakes with wetland littoral shelves are incorporated into the site plan and will provide additional foraging area for listed wading birds. A single Eastern indigo snake (Drymarchon corais couperi) was observed along the east- central property limit. The Florida panther(Felis concolor coryi) has the potential to occur on the property. However, no panther individuals, or signs,were observed during the listed species survey. No radio-telemetry data exists that suggests that the panther has utilized the property. The site falls within Secondary panther habitat, as defined by the MERIT subcommittee. The Florida black bear(Ursus americanus floridanus) is the largest endemic mammal in Florida. Florida black bear habitat in Florida has been characterized as consisting of large tracts of undeveloped forests containing diverse vegetation types. The Florida black bear was observed on site by others in 2001. Evidence of Florida black bear(i.e., tracks, scat, claw marks)was not observed on the property during Wilson Miller surveys. The site plan also includes a wildlife corridor,which extends along the entire property's eastern,western and southern boundaries and includes corridors across the property that will be protected by appropriate barriers such as fences. The corridors will provide an area for wildlife movement through and leading out of the property, as well as provide a buffer to a portion of the on-site wetlands. The movement of wildlife between the project site and the Twin Eagles project to the north will be facilitated by a wildlife crossing underpass under Immokalee Road, which has been constructed. The underpass connects to a wildlife corridor, which ultimately connects to CREW lands to the north. No federally listed plant species were observed on site. Three of the state listed plant species identified on the project site (i.e.,the butterfly orchid and the two Tillandsia species) are predominantly found in wetland areas. Preservation and enhancement of these wetland areas will allow these species to continue to occur on site with the majority of their populations left intact. The strap fern identified during the original listed species survey has been delisted since that time. The recent listed species survey identified an additional state-only listed plant, the hand fern Ophioglossum palmatum), located in the unburned cabbage palm- dominated or unburned mixed cabbage palm and cypress areas in the central and southern .-� portions of the property. Based upon the configuration of the greenbelt, the cross-project corridors, and the wetland preserves,much of the habitat containing this species will be EAC Meeting Page 19 of 21 preserved and will be protected to maintain the species. The literature suggests that there is high mortality associated with relocation of individuals of this species from host-tree to host-tree. However, there has been limited success in relocation of cabbage palm trees supporting hand ferns. As a result, the owner proposes to relocate cabbage palms that support multiple hand fern individuals, from locations proposed to be impacted, to portions of an existing vehicular trail located adjacent to, and west of, Wetland#6 within the cross-project preserve corridor. This will assist in re-vegetation of portions of the trail; however it is not intended to satisfy native vegetation preserve requirements. Palms will be relocated in a manner to maintain similar palm orientation and spacing so as to minimize changes in the fern microclimate and to maximize the potential for relocation success. Preservation of large regions on site where this species is located, combined with the proposed relocation effort, should adequately protect this species. VII. RECOMMENDATIONS: Staff recommends denial of Immokalee Road South MPUD PUDZ 2005-AR-7804 based upon the Comprehensive Planning Dept.'s findings that the water management lake proposed for development on Neutral Lands to serve, in part, the Rural Village is not consistent with the Future Land Use Element of the GMP and the Collier County Land Development Code. Environmental The following shall be corrected before the project goes before the Collier County Planning Commission: 1. Commitment D in section 8.8 of the PUD document shall state (addition/correction underlined): The project shall comply with Collier County GMP and LDC,the guidelines of the U.S. Fish and Wildlife Service (USF&WS), and the Florida Fish and Wildlife Conservation Commission(FFWCC)regarding potential impacts to "listed species". A Wildlife Management Plan shall be submitted to FFWCC and Environmental Services Staff for review and approval prior to site plan/construction plan approval. EAC Meeting Page 20 of 21 PREPARED BY: i11/ "13 07 STAN CHRZANO SKI, P.E. DATE ENGINEERING REVIEW MANAGER ENGINEERING SERVICES DEPARTMENT A.; / 2(5, a4a SUMMER ARA•U ffi'LQ- DATE ENVIRONMENTAL SPECIALIST ENVIRONMENTAL SERVICES DEPARTMENT A-afademi, 02-45:1+0 KAY D ELEM, A.I.C.P. DATE PRINCIPAL PLANNER DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW EAC Meeting Page 21 of 21 REVIEWED BY: iatrAilffi IO - o�/`f-07 BARBARA S. BURGESON DATE PRINCIPAL ENVIRONMEN AL SPECIALIST ENVIRONMENTAL SERVICES DEPARTMENT r / - ; ,� , O Z � --C)7 'l IAM D. LORE Z, Jr., P. . DATE ENVIRONMENTAL SERVICES DEPARTMENT DIRECTOR • • 220 6 - D TE ASSI t T COUNTY ATTORNEY OFFICE OF THE COLLIER COUNTY ATTORNEY APPROVED BY: � ~ - a/0/4,7 O'EPH K. SCHMITT DAT CMMUNITY DEVELOPMENT &ENVIRONMENTAL SERVICES MINISTRATOR ri OM: VI( E ENVIRONMENTAL ADVISORY COUNCIL STAFF REPORT MEETING OF MARCH 7,2007 I. NAME OF PETITIONER/PROJECT: Petition No.: CPSP-2005-08 Petition Name: Petition requesting an amendment to the Future Land Use Element (FLUE) and Future Land Use Map (FLUM), to change the designation of the subject site from Rural Fringe Mixed Use District (RFMUD) Sending Lands with Natural Resource Protection Area Overlay (NRPA) to RFMUD Neutral Lands, and text revisions. Agent: Kate English Pavese Law Firm 1833 Hendry Street Fort Myers, Fl. 33902 Applicant: Robert G. Claussen I.M. Collier Joint Venture 6704 Lone Oak Boulevard Naples,Fl. 34119 Owner: I.M. Collier Joint Venture 6704 Lone Oak Boulevard Naples, Fl. 34119 II. LOCATION: The subject tract of land, comprising 160±acres, abuts Lee County to the North, is 2.75 miles north of Immokalee Road, 3.5 miles east of I-75, and is adjacent to the northeastern boundary of Mirasol PUD. 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Til. v BACKGROUND and PROJECT DESCRIPTION: On June 19, 2002, the Board of County Commissioners (BCC) adopted amendments to the Collier County Growth Management Plan (GMP) a/k/a comprehensive plan to establish the Rural Fringe Mixed Use District (RFMUD) and related Transfer of Development Rights (TDR) program for +73,000 acres designated on the countywide Future Land Use Map as Agricultural/Rural and generally located between the Golden Gate Estates subdivision and the coastal urban area. The RFMUD consists of Sending Lands, Receiving Lands, and Neutral Lands. Sending Lands are so designated because, at the landscape scale (not site-specific parcel by parcel scale), they contain lands of higher environmental value — wetlands, listed species habitat, etc. Accordingly, allowable land uses are greatly restricted and native vegetative retention standards are stringent (80%). The desire is for these lands not to be developed and instead transfer (send) the residential development rights from these Sending Lands to Receiving Lands, lands possessing lesser environmental value and where development is directed and encouraged. Transfer of Development Rights (TDR), and Sending, Neutral, and Receiving Designations: The primary purpose of the TDR process within the Rural Fringe Mixed Use District is to establish an equitable method of protecting and conserving 2 EAC Meeting 3/7/07 the most valuable environmental lands, including large connected wetland systems and significant areas of habitat for listed species, while allowing property owners of such lands to recoup lost value and development potential through an economically viable process of transferring such rights to other more suitable lands. Within the Rural Fringe Mixed Use District, residential density may be transferred from lands designated as Sending Lands to lands designated as Receiving Lands on the Future Land Use Map, subject to the provisions below. Residential density may not be transferred either from or into areas designated as Neutral Lands through the TDR process. Receiving Lands are areas of lesser environmental value; accordingly, they have the least restrictive protection standards and broadest list of permitted uses. Residential density is allowed at 1 DU/5 acres; for parcels >40 acres, this density may be increased via TDRs to a maximum of 1 DU/acre. Neutral Lands have an intermediate level of environmental protection standards. Permitted uses are virtually the same as prior to the June 22, 1999 Final Order. Residential density is allowed at 1 DU/5 acres. These lands are "neutral" to the TDR program - they are not eligible to send or receive dwelling unit rights. For parcels >40 acres, clustering is allowed. Sending Lands are areas of higher environmental value; accordingly, they have more restrictive protection standards and a more restrictive list of permitted uses. Residential density is limited to 1 DU/40 acres, or pre-existing parcel size of<40 acres if created prior to 6/22/99. Residential density may be transferred at a ratio of 1 DU/5 acres, or pre-existing parcel size of<5 acres if created prior to 6/22/99 and lawfully existing. Once development rights have been transferred (TDRs used), allowable land uses are further restricted - agricultural uses are allowed to continue but cannot be intensified. Exceptions to the above density limitations include: (a) Density Blending: allows some larger properties that straddle the Urban boundary— that is, partially within the RFMUD and partially within the Urban area- to shy their allowable density to the RFMUD so as to protect environmentally sensitive lands in the Urban area; The subject amendment consists of a proposal to change the future land use map designation from Sending to Neutral for the 160 acre parcel. in addition to this future land use designation change, the application is seeking to amend the Density Blending provision italicized within the above paragraph so as to specifically allow for the transfer of density from the subject parcel to the existing Mirasol PUD (partially designated RFMUD Neutral and partially designated Urban Residential Subdistrict). The current regulations within the GMP, related to properties that straddle the Urban Mixed Use and Rural Fringe Mixed Use Districts, allow for the blending of densities when the project straddles the Urban Residential Sub-district and either the Rural Fringe Mixed Use District Neutral or Receiving Lands. EAC Meeting 3/7/07 Y However, the subject site would not qualify since it's not designated as either Neutral or Receiving, and because it does not comply with the specific Density Blending criteria. The proposed map change and text change would allow for the blending of the density associated with the 160 acre parcel within the existing Mirasol PUD. The amendment is seeking to place use restrictions upon the property with the proposed text, "The property is otherwise subject to the use limitations of Sending Lands within the Rural Fringe Mixed Use District." It should be noted the subject parcel was included within the 96 parcels associated with petition CPSP-05-14 which sought the re-designation of RFMUD Sending Lands, which the EAC heard on February 7, 2007. The EAC recommended denial of the subject property based upon lack of substantial data and analysis to justify the re- designation. IV. GROWTH MANAGEMENT PLAN CONSISTENCY: In review of the specifics of this request as outlined above, against the expressed goals and policies contained within the Future Land Use Element of the GMP, the request is inconsistent with Policy 3.1.h of the FLUE,which reads as follows: OBJECTIVE 3: Land Development Regulations have been adopted to implement this Growth Management Plan pursuant to Chapter 163.3202, F.S. in order to ensure protection of natural and historic resources, the availability of land for utility facilities, promote compatible land uses within the airport noise zone, and to provide for management of growth in an efficient and effective manner. Policy 3.1: b. Protect environmentally sensitive lands and provide for open space. This shall be accomplished in the Rural Fringe Mixed Use District through various Land Use Designations that restrict higher intensity land uses and require specific land development standards for the remaining allowable land uses and through the adoption of permanent NRPA Overlays and integration of State of Florida Big Cypress Area of Critical State Concern regulations into the Collier County Land Development Code, and in part through implementation of the Rural Lands Stewardship Area Overlay. This shall also be accomplished through regulations such as minimum open space and native vegetation preservation requirements, and/or through incentives that encourage the use of creative land use planning techniques and innovative approaches to development in the County's Agricultural/Rural Designated Area. Based upon review of the data submitted within the application, the proposed Rural Fringe designation change from Sending Lands to Neutral Lands is not EAC Meeting 3/7/07 4 warranted. The proposed parcel is located within Primary Panther Habitat according to the MERIT Panther Plan, as well as Primary Bear Habitat. It is also considered as foraging habitat for wood storks and is located within the CREW purchase lands, with 86.95 percent of the subject property potential jurisdictional wetlands. The proposed change is inconsistent with the Density Blending provisions in the Density Rating System of the Future Land Use Element. This application proposes to move the density from a 160 acre site into Mirasol PUD. According to Density Blending standards, the transferred density is to be taken from environmentally sensitive lands within the Urban area and located on impacted lands within the RFMUD to preserve and protect the highest quality native vegetation and/or habitat on site and to maximize the connectivity of such native vegetation and/or habitat with adjacent preservation and /or habitat areas. Based on Mirasol's Master Plan, the preserve location currently is not consistent with preserving the highest quality native vegetation and/or habitat on site therefore staff could not support the increase in the density that this GMP-Amendment has proposed. Additionally, the entire project should meet the preservation standards of the Rural Fringe Mixed Use District. One of the provisions of the Density Blending allowance is that the project must meet the native vegetation preservation standards of the Rural Fringe district. The current Mirasol preserve was based on 25 % of native vegetation; the Rural Fringe Neutral is 60% of native vegetation not to exceed 45% of total area. The preservation of the 160 acre parcel will not provide sufficient additional preservation acreage to the Mirasol PUD to meet the Rural Fringe standards for the Neutral designation. The proposed GMP amendment presents other inconsistencies with the Density Blending provision that are non-environmentally related. For example the Density Blending provision was designed for existing projects under unified control before June 19, 2002 and straddling the Urban Mixed Use and Rural Fringe Mixed Use Districts or straddling Receiving and Neutral Lands within the Rural Fringe Mixed Use District. The proposed project meets neither of these core requirements of the Density Blending provision. It should be noted that two inconsistencies with the Density Blending provision highlighted above - the Mirasol project not meeting the required preservation requirements of the RFMUD, and transferred density required be located away from the highest quality native vegetation and habitat - could be remedied through the PUD amendment process. Within the proposed language of this GMP amendment, it is recognized within the language that a PUD amendment process would be required to add the additional 32 dwelling units to the Mirasol PUD. During this PUD amendment process, the Mirasol PUD and Master Plan could be brought into conformance with the Goals and Policies of the GMP. If this was to occur, two of the three environmental GMP inconsistencies identified would no longer be applicable. EAC Meeting 3/7/07 5 V. RECOMMENDATIONS: Based on the reviews and analyses provided within this report, staff recommends that the EAC forward Petition CP-2005-08 to the CCPC and Board of County Commissioners with a recommendation not to transmit to the Department of Community Affairs for the following reasons: 1. The proposed Rural Fringe designation change from Sending Lands to Neutral Lands is not substantiated by the data submitted. 2. The density being transferred as a result of the proposed amendment would be inconsistent with the intent of the Density Blending Provision with the placement of the transferred units within the Mirasol PUD. In addition, the existing Mirasol PUD, with the inclusion of the 160 acre parcel, would not meet the preservation standards for the Rural Fringe Neutral designation, as required by the Density Blending Provision. If the EAC determines that a recommendation of approval is warranted, staff recommends modifications to the proposed language as follows: (f) The project must be incorporated into the approved Mirasol PUD by public hearing and, if approved, the Mirasol PUD may utilize this density blending provision, provided the units are limited to the area previously approved for development. During the PUD amendment process to add the additional units. the Mirasol PUD must be brought into conformity with the GMP and LDC at the time of PUD amendment application. (al) The June 19 2002 unified control re•,uirement a••ticabte to •ro;ects utilizing the Densit Blendin•_•rovision is not a••licable. Single underline designates proposed language of applicant,double underline text designates additional lanauaae proposed b staff. VL LEGAL CONSIDERATIONS: This Staff Report has been reviewed and approved by the County Attorney's Office. EAC Meeting 3/7/07 6 PREPARED BY: Mike Bosi, AICP, Community Planning Manager Date Comprehensive Planning Department REVIEWED BY: David Weeks, AICP, Comprehensive Planning Manager Date Comprehensive Planning Department (f) ,{kr-LC 2/:2 6/e9 Kirsten Wilkie,Environmental Specialist Date Environmental Services Department illiam D. Lore , Jr., .E., Director Date Environmental Services Department 7)71.0 -Th' )11 ttc1-144i Mar'orl@' ent J M Stu -Stirling, Assistant count Attorney Date Office of the Collier County Attorney APPROVED BY: - .2/20 Jo ph K. Schmitt, Administrator Date C mmunity Development&Environmental Services Division EAC Staff Report CPSP-05-08 Mirasol Sending Lands Re dcoignation EAC Meeting 3/7/07 7 APPLICATION FOR A REQUEST TO AMEND THE COLLIER COUNTY GROWTH MANAGEMENT PLAN PETITION NUMBER DATE RECEIVED PRE-APPLICATION CONFERENCE DATE DATE SUFFICIENT PLANNER ASSIGNED: COMMISSION DISTRICT: [ABOVE TO BE COMPLETED BY STAFF] This application,with all required supplemental data and information, must be completed and accompanied by the appropriate fee, and returned to the Comprehensive Planning Section, 2800 North Horseshoe Drive, Naples, Florida 34104. Phone: (941)403-2300; Fax: (941)643- 6869. The application must be reviewed by staff for sufficiency within 30 calendar days following the filing deadline before it will be processed and advertised for public hearing. The applicant will be notified, in writing, of the sufficiency determination. If insufficient, the applicant will have 30 days to remedy the deficiencies. For additional information on the processing of the application, see Resolution 97-431 (attached). If you have questions, please contact the Comprehensive Planning Section at 941-403-2300. SUBMISSION REQUIREMENTS I. GENERAL INFORMATION A. Name of Applicant(s)Robert G.Claussen Company I.M.Collier Joint Venture Mailing Address 6704 Lone Oak Blvd City Naples State FL Zip Code 34109 Phone Number 239-596-9067 Fax Number 239-598-2245 B. *THISWIAL1 ntBE* Ka- -te En fish• '4 • ' I • . , ELATED TO THE PETITION. Company/Firm Pavese Law Firm Mailing Address 1833 Hendry St CityFt.Myers State FL Zip Code 33902 i 0212002 Phone Number 941-336-6249 Fax Number 941-336-2243 Email Address atherineenglish(a,paveselaw.com C. Name of Owner(s)' of Record Same as applicant Mailing Address City State Zip Code Phone Number Fax Number D. Name, Address and Qualifications of additional planners, architects, engineers, environmental consultants and other professionals providing information contained in this application. See Exhibit 1 DISCLOSURE OF INTEREST INFORMATION: A. If the property is owned fee simple by an INDIVIDUAL, tenancy by the entirety, tenancy in common, or joint tenancy, list all parties with an ownership interest as well as the percentage of such interest. (Use additional sheets if necessary). Name and Address Percentage of Ownership B. If the property is owned by a CORPORATION, list the officers and stockholders and the percentage of stock owned by each, and provide one copy of the Articles of Incorporation, or other documentation, to verify the signer of this petition has the authority to do so. Name and Address, and Office Percentage of Stock See Exhibit A C. If the property is in the name of a TRUSTEE, list the beneficiaries of the trust with the percentage of interest. Name and Address Percentage of Interest 2 0212002 D. If theroPertYis in the name of a GENERAL or LIMITED PARTNERSHIP, list P the name of the general and/or limited partners. Name and Address Percentage of Ownership E. If there is a CONTRACT FOR PURCHASE,with an individual or individuals, a Corporation,Trustee, or a Partnership, list the names of the contact purchasers below, including the officers, stockholders, beneficiaries, or partners, and provide one copy of the executed contract. Name and Address Percentage of Ownership F. If any contingency clause or contract terms involve additional parties, list all individuals or officers, if a corporation, partnership or trust. Name and Address G. Date subject property acquired (X)leased), 04103 Terms of lease yrs/mos. If Petitioner has option to buy, indicate date of option: and date option terminates: , or anticipated closing date H. NOTE: Should any changes of ownership or changes in contracts for purchase occur subsequent to the date of application, but prior to the date of the final public hearing, it is the responsibility of the applicant, or agent on his behalf,to submit a supplemental disclosure of interest form. 3 02/2002 III. DESCRIPTOIN OF PROPERTY A. Legal Description The North Y2 of the North'/:of Sec.11,T48S,R26E,Collier County B. Section: 11 Township: 48S Range: 26E C. Tax I.D. Number(Folio#) 00179800005 D. General Location Located North of Immokalee Rd.,east of Broken Back Rd. E. Planning Community Corkscrew F. TAZ G Size in Acres 159.98 H. Zoning Agricultrial Present Future Land Use Map Designation (s) RF-Sending IV. TYPE OF REQUEST A. Growth Management Plan Element(s) OR Sub-Element(s)to be amended: x Future Land Use Golden Gate Area Master Plan Immokalee Area Master Plan Capital Improvement Transportation Housing Coastal & Conservation Recreation &Open Space Intergovernmental Coord. Potable Water Sanitary Sewer Solid Waste Drainage Natural Groundwater Aquifer B. Amend Page(s) 46,68&76 of the Future Land Use Element As Follows: ( Uses FOSS rereto identify language to be deleted; Use Underline to identify language to be added). Attach additional pages if necessary:See Exhibit B C. Amend Future Land Use Map(s) designation, FROM: Sending Lands District, Subdistrict TO: Neutral Lands District, Subdistrict [If new District and/or Sub-district proposed, include Future Land Use Map with legend depicting it]. EXHIBIT C D. Amend other Map(s) and Exhibits as follows: (Name & Page#) FUTURE LAND USE MAP-EXHBIIT 1A 4 02/2002 E. Describe additional changes requested: V. REQUIRED INFORMATION Note: All Aerials must be at a scale of no smaller than 1" = 400'. At least one copy reduced to 81/2 x 1 1 shall be provided of all aerials and/or maps. A. LAND USE 1. x Provide general location map showing surrounding development (PUD, DRI'S, existing zoning)with subject property outlined.e)(hiar 2. x Provide most recent aeri I of site showing subject boundaries, source, and date.aChi b1+.3 3. x Provide a map and summary table of existing land use and zoning within a radius of 500 feet from boundaries of subject property.ei bi'r 212P- B. 12PB. FUTURE LAND USE DESIGNATION 1. x Provide map of existing Future Land Use Designation(s)of subject property and adjacent lands,with acreage totals for each land use designation on the subject property. Exhibit 4 C. ENVIRONMENTAL 1. x Provide most recent aerial and summary table of acreage of native habitats and soils occurring on site. HABITAT IDENTIFICATION MUST BE CONSISTENT WITH THE FDOT-FLORIDA LAND USE, COVEROEAND EFORMS MCLASSIFICATION SYpS�TEgM�M (FLUCCS �HE EVII9 ETAETRAL llv`�"AB�viy.E. bi-+-5 ERIAL AS 2. x Provide a summary table of Federal (US Fish &Wildlife Service) and State (Florida Fish and Wildlife Conservation Commission) listed plant and animal species known to occur on the site and/or known to inhabit biological communities similar to the site (e.g. panther or J�acear range, avian rookery, bird migratory route, etc.). Xhibi � 3. x Identify historic and/or archaeological sites on the subject property. Provide copy of County's Historical/Archaeological Probability Map and correspondence from Florida Department of State. Exhibit 7 D. GROWTH MANAGMENT Reference 9J-11.006, F.A.C. and Collier County's Capital Improvement Element Policy 1.1.2 (Copies attached). INSERT"Y" FOR YES OR"N" FOR NO IN RESPONSE TO THE FOLLOWING: 1. No Is the proposed amendment located in an Area of Critical State Concern? (Reference 9J-1 1.006(1)(a)7.a, F.A.C.) If so, identify area located in ACSC. 2. No Is the proposed amendment directly related to a proposed Development of Regional Impact pursuant to Chapter 380, F.S.? 3. No Is the proposed amendment directly related tot a proposed Small 5 02/2002 Scale Development Activity pursuant to Subsection 163.3187(1)(c), F.S.? (Reference 9J-1 1.006(1)(a)7.b, F.A.C.) 4. No Does the proposed amendment create a significant impact in population which is defined as a potential increase in County -wide population by more than 5% of population projections? (Reference Capital Improvement Element Policy 1.1.2). If yes, indicate mitigation measures being proposed in conjunction with the nrnnnsAd amendment. 5. yes Does the proposed land use cause an increase in density and/or intensity to the uses permitted in a specific land use designation and district/subdistrict identified (commercial, industrial, etc.), or is the proposed land use a new land use designation or district/subdistrict? (Reference Rule 9J-5.006(5) F.A.C.). If so, provide data and analysis to support the suitability of land for the proposed use, and compatibility of use with surrounding land uses, and as it concerns protection of environmentally sensitive land, ground water and natural resources. (Reference Rule 9J-1.007, F.A.C.). Exhibit 1 E. PUBLIC FACILITIES 1. x Provide the existing adopted Level of Service Standard (LOS, and document the impact the proposed change will have on that Standard,for each of the following public facilities: EXHIBIT 8 &8A a) Private Potable Water b) Private Sanitary Sewer ' c) E Arterial & Collector Roads: Name of specific road and LOS Immokalee Road-Not significant Collier Blvd.-Not significant d) .04 CFS/acre will need be exceeded for DRAINAGE into the Cocohatchee Basin e) Private Solid Waste f) minimal Parks: Community and Regional If the proposed amendment involves an increase in residential density, or an increase in intensity for commercial and/or industrial development that would cause the LOS for public facilities to fall below the adopted LOS, indicate mitigation measures being proposed in conjunction with the proposed amendment. (Reference Capital Improvement Element Policy 1.1.2 and 1.1.5). 2. x Provide a map showing the location of existing services and public facilities that will serve the subject property (i.e. water, sewer, fire protection, police protection, schools and emergency medical services).Water&Sewer Map Exhibit 9 4. x Document proposed services and public facilities, identify provider, and describe the effect the proposed change will have on schools, fire protection and emergency medical services. EXHIBIT 8A 6 02/2002 F. OTHER Identify the following areas relating to the subject property: 1. x Flood zone based on Flood Insurance Rate Map data (FIRM).Exhibit 10 2. N/A Location of wellfields and cones of influence, if applicable. (Identified on Collier County Zoning Maps). 3. N/A Traffic Congestion Boundary, if applicable 4. N/A Coastal Management Boundary, if applicable 5. N/A High Noise Contours (65 LDN or higher)surrounding the Naples Airport, if applicable (Identified on Collier County Zoning Maps). G. SUPPLEMENTAL INFORMATION 1. x $16,700.00 non-refundable filing fee, made payable to the Board of County Commissioners, due at time of submittal. 2. $9,000.00 non-refundable filing fee for a Small Scale Amendment, made payable to the Board of County Commissioners, due at time of submittal. 3• Plus Legal Advertisement Costs (Your portion determined by number of petitions and divided accordingly) 4. x Proof of ownership (Copy of deed). 5. x Notarized Letter of Authorization if Agent is not the Owner(see attached form). 6. x 1 Original and 5 complete, signed applications with all attachments, including maps, at time of submittal. After sufficiency is completed, 15 copies of the complete application will be required. Additional copies may be required. * Maps, aerials, sketches shall include: North arrow; name and location of principal roadways; shall be at scale of 1 "= 400' or at a scale as determined during the pre-appl ication meeting; identification of the subject site; legend or key, if applicable. All oversized documents and attachments must be folded so as to fit into a legal-size folder. For all oversized exhibits, at least one copy must be submitted at 8-1/2 x 1 1 inches. All exhibits and attachments to the petition must include a title and exhibit#or letter, and must be referenced in the petition. 7 02/2002 EXHIBIT A DISCLOSURE OF INTEREST INFORMATION B. If the property is owned by a Corporation,list the officers and stockholders and the percentage of stock owned by each, and provide one copy of the Articles of Incorporation,or other documentation,to verify the signer of this petition has the authority to do so. Name Percentage of Stock I.M. Collier Joint Venture is North Naples,LLC with co-managers J.D.Nicewonder 75% Peter Moran 25% &Mirasol LLC which is Mirasol Development LLC which is owned By CCMS Development,LLC with Managing Members Robert G. Claussen 45% Christopher Clauseen 25% Donald Milarcik 20% Jack Sterling 10% Division of Corporations Page 1 of 2 dt : € 0 0_ 5 Florida Limited Liability NORTH NAPLES, LLC PRINCIPAL ADDRESS 148 BRISTOL E. ROAD BRISTOL VA 24202 MAILING ADDRESS 148 BRISTOL E.ROAD BRISTOL VA 24202 Document Number FEI Number Date Filed L01000011606 582637023 07/16/2001 State Status Effective Date FL ACTIVE NONE Last Event Event Date Filed Event Effective Date REINSTATEMENT 12/22/2003 NONE Total Contribution 0.00 Registered Agent Name& Address I WOODWARD,MARK J 3200 TAMIAMI TRAIL N.SUITE 200 NAPLES FL 34103 Address Changed:12/22/2003 Mana er/Member Detail Name& Address Title I NICEWONDER,J.D. 148 BRISTOL E.ROAD MGR BRISTOL VA 24202 MORAN,PETER MGR 329 D BOSTON POST ROAD Q,.,1 T n1nnnn> 1M,IZrn7=NA.." 4/21/2005 Division of Corporations Page 2 of 2 SUNDBURY MA 01776 111 La** _ Annual Reports Report Year Filed Date 2003 12/22/2003 2004 07/06/2004 2005 01/18/2005 View Events No Name History Information Document Images Listed below are the images available for this filing. 01/18/2005--ANN REP/UNIFORM BUS REP 07/06/2004—ANN REP/UNIFORM BUS REP 12/22/2003—REINSTATEMENT 05/08/2002—Amendment 01/28/2002—ANN REP/UNIFORM BUS REP 07/16/2001 —Florida Limited Liabilites THIS IS NOT OFFICIAL RECORD; SEE DOCUMENTS IF QUESTION OR CONFLICT ,,,TDTT 0__,-T Al nnnni l .,')NA 4/91/?.005 Division of Corporations Page 1 of 2 v } v Florida Limited Liability MIRASOL DEVELOPMENT, L.L.C. PRINCIPAL ADDRESS 6704 LONE OAK BLVD NAPLES FL 34109 Changed 02/02/2005 MAILING ADDRESS 6704 LONE OAK BLVD NAPLES FL 34109 Changed 07/09/2004 Document Number FEI Number Date Filed L99000003238 593584687 06/07/1999 State Status Effective Date FL ACTIVE NONE Last Event Event Date Filed Event Effective Date NAME CHANGE 11/17/1999 NONE AMENDMENT Total Contribution 100.00 Registered Agent Name&Address STERLING,JACK 6704 LONE OAK BLVD NAPLES FL 34110 Address Changed:07/09/2004 ,-� Manager/Member Detail Name& Address Title DEVELOPMENT,L.L.C. MGRM 6704 LONE OAK BLVD __ _ _ _ n n T♦ A Nl l P%((AC • Division of Corporations Page 2 of 2 NAPLES FL 34109 Annual Reports Report Year Filed Date 2003 01/09/2003 2004 07/09/2004 2005 02/02/2005 WrolTaVI *••"* 'r114"77-71737171M rt71771 47, View Events View Name History Document Images Listed below are the images available for this filing. 02/02/2005—ANN REP/UNIFORM BUS REP 07/09/2004—ANN REP/UNIFORM BUS REP 01/09/2003—LIMITED LIABILITY CORPORATION 01/28/2002—ANN REP/UNIFORM BUS REP 07/25/2001—ANN REP/UNIFORM BUS REP 01/18/2000--ANN REP/UNIFORM BUS REP 11/17/1999—Name Change 06/07/1999—Florida Limited Liabilites THIS IS NOT OFFICIAL RECORD; SEE DOCUMENTS IF QUESTION OR CONFLICT • • Division of Corporations Page 1 of 2 ;04" 403,7*421 41./v:,..)etr Florida Limited Liability CCMS DEVELOPMENT, L.L.C. PRINCIPAL ADDRESS 6704 LONE OAK BLVD. NAPLES FL 34109 US Changed 02/02/2005 MAILING ADDRESS 6704 LONE OAK BLVD. NAPLES FL 34109 US Changed 02/02/2005 Document Number FEI Number Date Filed L99000002975 593574501 05/24/1999 State Status Effective Date FL ACTIVE NONE Total Contribution 100.00 Registered Agent Name& Address STERLING,JACK 6704 LONE OAK BLVD NAPLES FL 34109 Address Changed:07/09/2004 Manager/Member Detail Name& Address Title CLAUSSEN,ROBERT G 6704 LONE OAK BLVD. MGRM NAPLES FL 34109 . . _ . n T\TTTTT (f ._1_T nnnnnnnrin'7c v ')_C H H d/')1 i' nnc Division of Corporations Page 2 of 2 Annual Reports Report Year 2003 Filed Date 01/09/2003 2004 07/09/2004 2005 02/02/2005 I No Events No Name History Information Document Images Listed below are the images available for this filing. 02/02/2005--ANN REP/UNIFORM BUS REP 07/09/2004—ANN REP/UNIFORM BUS REP 01/09/2003—LIMITED LIABILITY CORPORATION 03/13/2002—COR-ANN REP/UNIFORM BUS REP 03/08/2001 -ANN REP/UNIFORM BUS REP 01/18/2000--ANN REP/UNIFORM BUS REP 05/24/1999--Florida Limited Liabilites THIS IS NOT OFFICIAL RECORD; SEE DOCUMENTS IF QUESTION OR CONFLICT C ttP§ a� 2Y yua ' t- _ rrz € x ____n_I_1 T 'rrTT nnnnnnm o'7 c RR„')—(IFF 4/71/2005 COLLIER COUNTY GROWTH MANAGEMENT PLAN FUTURE LAND USE ELEMENT PROPOSED TEXT AMENDMENTS Page 1 of 5 February 1, 2007 Applicant: Mirasol Development, LLC EXHIBIT B DENSITY RATING SYSTEM Page 46 c. Density Conditions: 1. Maximum Density The maximum permitted density shall not exceed 16 residential dwelling units per gross acre within the Urban designated area, except when utilizing the Transfer of Development Rights (TDR) Section 2.2.24.10 of the Land Development Code adopted by Ordinance#91-102, on October 30, 1991, as amended. This provision is intended to encourage unified plans of development and to preserve wetlands, wildlife habitat, and other natural features that exist within properties that straddle the Urban Mixed Use and Rural Fringe Mixed Use Districts or that straddle Receiving and Neutral Lands within the Rural Fringe Mixed Use District. In the case of such properties, which were in existence and under unified control (owned, or under contract to purchase, by the applicant(s)) as of June 19, 2002, the allowable gross density for such properties in aggregate may be distributed throughout the project, regardless of whether or not the density allowable for a portion of the project exceeds that which is otherwise permitted, when the following conditions are met: 1. Density Blending Conditions and Limitations for Properties Straddling the Urban Residential Sub-District or Urban Residential Fringe Sub-District and either the Rural Fringe Mixed Use District Neutral or Receiving Lands: (a)The project must straddle the Urban Residential Sub-District or Urban Residential Fringe Sub-District and either the Rural Fringe Mixed Use District Neutral or Receiving Lands; (b)The project in aggregate is a minimum of 80 acres in size; (c)At least 25% of the project is located within the Urban Mixed Use District. The entire project is located within the Collier County Sewer and Water District Boundaries and will utilize central water and sewer to serve the project unless interim provisions for sewer and water are authorized by Collier County; (d)The project is currently zoned or will be rezoned to a PUD; (e) Density Densty t o be shifted to the Rural Fringe Mixed Use District from the Urban Residential Sub-District is to be located on impacted lands, or it is demonstrated that the development on the site is to be located so as to preserve and protect the highest quality native vegetation and/or habitat on-site and to maximize the connectivity of such native vegetation and/or habitat with adjacent preservation and/or habitat areas; COLLIER COUNTY GROWTH MANAGEMENT PLAN FUTURE LAND USE ELEMENT PROPOSED TEXT AMENDMENTS Page 2 of 5 February 1, 2007 Applicant: Mirasol Development, LLC (f) The entire project shall meet the applicable preservation standards of the Rural Fringe Mixed Use District. These preservation requirements shall be calculated upon and apply to the total project area. (g) Section 15 (Township 48 South, Range 26 East), which straddles the boundary of the Urban Residential Sub-district and the Rural Fringe Mixed Use District, is designated Neutral, and is in the approved Mirasol PUD, may utilize this density blending provision, subject to the above criteria. 2. Density Blending Conditions and Limitations for Properties Straddling the Urban Residential Fringe Sub-District and Rural Fringe Mixed Use District Sending Lands: (a)The project must straddle the Urban Residential Fringe Sub-District and the Rural Fringe Mixed Use District Sending Lands; (b)The project in aggregate must be a minimum of 400 acres; (c)At least 25% of the project must be located within the Urban Residential Fringe Sub-District. The project must extend central water and sewer (from the urban designated portion of the project)to serve the entire project, unless alternative interim sewer and water provisions are authorized by Collier County; (d)The Project is currently zoned or will be zoned PUD; (e)The density to be shifted to the Sending Lands from the Urban Residential Fringe is to be located on impacted or disturbed lands, or it is demonstrated that the development on the site is to be located so as to preserve and protect the highest quality native vegetation and/or habitat on-site and to maximize the connectivity of such native vegetation and/or • wildlife habitat with adjacent preservation and/or habitat areas; (f) The Urban portion of the project shall comply with the native vegetation requirements identified in the Conservation and Coastal Management Element (for Urban designated lands). For those lands within the project designated as Sending, the native vegetation preservation requirement shall be 90% of the native vegetation, not to exceed 60% of the total project area designated as Sending. Wetland areas that are impacted through the development process, but which result in enhanced wetland function, including habitat and/or flowways, shall be considered as part of the native vegetation requirement set forth in this provision and shall not be considered as impacted areas. These wetland areas and/or flowways may be used for water storage provided that the water discharged in these areas is pre-treated. (g) Permitted uses for density blending under this provision include residential development and associated amenities, including golf courses meeting the criteria for golf courses within the Neutral area. This provision is not intended to eliminate any uses permitted within the applicable underlying land use designation. COLLIER COUNTY GROWTH MANAGEMENT PLAN FUTURE LAND USE ELEMENT PROPOSED TEXT AMENDMENTS Page 3 of 5 February 1, 2007 Applicant: Mirasol Development, LLC (XIII) 3. Density Blending Conditions and Limitations for Properties Straddling Receiving and Neutral Lands within the Rural Fringe Mixed Use District: (a)The project shall straddle Receiving Lands and Neutral Lands in the Rural Fringe Mixed Use District. (b) The project in aggregate shall be a minimum of 80 acres in size. (c)At least 25% of the project shall be located in Receiving Lands. The project shall extend central water and sewer to serve the entire project, unless alternative interim sewer and water provisions are authorized by the County. (d)The project shall be encouraged to be in the form of a PUD. (e) It shall be demonstrated that development on the site is to be located so as to Preserve and protect the highest quality native vegetation and/or habitat onsite and to maximize the connectivity of such native vegetation and/or wildlife habitat with adjacent preservation and/or habitat areas. (f)The project shall comply with the native vegetation requirements applicable to Neutral Lands, as set forth in the CCME. (g) Permitted uses for density blending under this provision shall include residential development and associated amenities, including golf courses meeting the criteria for golf courses within the Neutral Area. This provision is not intended to eliminate any uses permitted within the applicable underlying land use designation. 4. Density Blending Conditions and Limitations for the property described as the North 1/2 of the North 1/2 of Section 11, Township 48 South, Range 26 East designated as Neutral Lands, subject to the following conditions: (a)The project shall be immediately adjacent to the approved Mirasol PUD and be designated as Neutral Lands in the Rural Fringe (b) The project in aggregate shall be a minimum of 150 acres in size. (c)The project shall extend central water and sewer to serve the entire project, unless alternative interim sewer and water provisions are authorized by the County. (d) It shall be demonstrated that development on the site is to be located within the existing development footprint of the approved Mirasol PUD so as to preserve and protect the native vegetation and/or habitat onsite and to maximize the connectivity of such native vegetation and/or wildlife habitat with adjacent preservation and/or habitat areas. (e)The project shall comply with the native vegetation requirements and is subject to the use limitations of Sending Lands within the Rural Fringe Mixed Use District as set forth in the CCME. (f)The project must be incorporated into the approved Mirasol PUD by public hearing and, if the approved, the Mirasol PUD may utilize this density blending provision, provided the units are limited to the area previously approved for development. COLLIER COUNTY GROWTH MANAGEMENT PLAN FUTURE LAND USE ELEMENT PROPOSED TEXT AMENDMENTS Page 4 of 5 February 1, 2007 Applicant: Mirasol Development, LLC II. AGRICULTURAL/RURAL DESIGNATION B. Rural Fringe Mixed Use District 1. Transfer of Development Rights (TDR), and Sending, Neutral, and Receiving Designations B) Neutral Lands: Page 68 7. The property described as the North 1/2 of the North 1/2 of Section 11, Township 48 South, Range 26 East is designated as Neutral Lands, subject to the following conditions: a. The density from the described property may be blended with the density within the Mirasol PUD in accordance with the density conditions that apply to all properties subject to the Density Rating System. b. The units generated from this parcel must be used within the Mirasol PUD. c. The described property is subject to Vegetation Retention and Site Preservation standards applicable in Natural Resource Protection Areas d. The maximum number of units generated by the described property is limited to the maximum number that can be generated Sending Lands in the Rural Fringe Mixed Use District and no additional units will be generated pursuant to any development rights incentives regulations. e. The property is otherwise subject to the use limitations of Sending Lands within the Rural Fringe Mixed Use District. Page 76 4. 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. The approved Mirasol PUD if amended to include the property described as the North 1/2 of the North 1/2 of Section 11, Township 48 COLLIER COUNTY GROWTH MANAGEMENT PLAN FUTURE LAND USE ELEMENT PROPOSED TEXT AMENDMENTS Page 5 of 5 February 1, 2007 Applicant: Mirasol Development, LLC South, Range 26 East in accordance with this provision shall be deemed a continuation of existing uses and such amendment shall not be deemed an increase to development intensity or density. 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. EXHIBIT C '.. T 46 S T 47 S T 48 S T 49 S T 50 S T 51 S T 52 S T 53 S 0 0 0 Q per. - :.- a u su `,,1 , I r}m1 o f W M W 1x M M p GG '1 3 ° MIME ■L: ■ <a l VI M a eV0 13 M W o : ,.. :. , ' M m L . , , , , , . __ _ _ __ _,____ __ __ _ _ _ ,.. 1 _ .. „ .....„_____ . ...._......, : _ -1.,. __ . .,.. : -c-_ti, ii.,_ ._ . , ...... . 1 _i_ F. : _.:r.: „.:: _i__: .._, ,,_ : , .1_, .., . .. ... „F. , = . _ .. ,..._,.. ,_ , ,:.,,, . ,..,• r______"_ ._ ..„... , ,..;,_ ,, , , , ,.. ,...:.,.,:„..,.. .,„_.,_ . ..... . L _ . . .. .. W f N # i , CL. =t N Q C vi 1 Yl _-.. _ Q g loo a # t � � - i i W Z V 4 •� W ii NJv $ '� y�O ,,i?; � 'y ci W = .1 o �>__xt _ I ev CO a rt r S 94 1 S L4 1 S 84 1 S 64 1 S 09 1 S LS 1 S ZS 1 S CS 1 EXHIBIT 1 GENERAL INFORMATION I.D. Name, address and qualifications of additional planners, architects, engineers, environmental consultants and other professionals providing information contained in this application. Katherine English Pavese Law Firm 1833 Hendry St. Ft. Myers, FL 33902 Qualifications: She received her Bachelor of Arts from the University of Florida in 1986 and her Juris Doctor from Walter F. George College of Law at Mercer University in 1994. Ms. English joined Pavese Law Firm in 1994 and became a partner in 1999. Her practice is limited to environmental, land use and local government law focusing on agricultural law, water rights and water quality law, and property rights law. In addition to her work for private clients, she is the County Attorney for Hendry County,Florida. She is a member of the American Bar Association,the Florida Bar, and the Lee County Bar Association. Tim Hall Turrell &Associates 3584 Exchange Ave., Suite B Naples,FL 34104 Qualifications: 14 years experience in field of environmental planning and permitting. Proficient in wetland delineation and listed species surveys. V.D.5 GROWTH MANAGEMENT-Does the proposed land use cause an increase in density and/or intensity to the uses permitted in a specific land use designation and district/subdistrict identified (commercial, industrial, etc.), or is the proposed land use a new land use designation or district/subdistrict? (Reference Rule 9J- 5.006(5) F.A.C.). If so, provide data and analysis to support the suitability of land for the proposed use, and compatibility of use with surrounding land uses, and as it concerns protection of environmentally sensitive land, ground water and natural resources. (Reference Rule 9J-1.007, F.A.C.). The proposed land use change does not create a new land use designation or district; it changes the land use designation for the subject parcel from Sending Lands to Neutral Lands while leaving intact the protections of Vegetation Retention and Site Preservation standards currently in effect under the subject parcel's Sending Lands designation. The proposed land use change would make it possible for the applicant seek zoning authorization to incorporate Section 11 into the Mirasol PUD and thereby authorize the blending of 32 dwelling units from the subject parcel to the developable area within the existing Mirasol PUD, authorized by Ordinance Number 01-20. The development area of the Mirasol PUD is located within urban land use designations; the subject parcel is not. Currently,the subject parcel could be developed at a rate of one dwelling unit per 40 acres. The proposed change, if approved,would result in a net increase in density of 28 units since density available for blending from the subject parcel is calculated at one unit per five acres under the current rules. The proposed change is consistent with the requirements and goals of Rule 9J-5.006 and results in a minimal increase in density in an area already designated for development. If approved through the comprehensive land use amendment and zoning processes, the change in land use designation and rezoning would allow a blending of development rights in accordance with current criteria resulting in an increase in the density authorized in Mirasol PUD by a total of 32 units. The Mirasol PUD currently authorizes a total of 799 residential units and the proposed blending, if approved,would result in a total density of 831 dwelling units within the PUD. In other words,blending an additional 32 units from the subject parcel within the Mirasol PUD to the development area would represent a decrease in density of four(4%)percent or an decrease from 0.51 units per acre under the current authorized density to a density of 0.49 units per acre if the subject property were incorporated into the Mirasol PUD. The intent of comprehensive planning is to discourage urban sprawl by encouraging efficient land use, efficient provision of public facilities and services, separation of rural and urban land uses, and protection of agriculture and natural resources. See Rule 9J- 5.006(5), F.A.C. The proposed change does discourage urban sprawl by discouraging the development of existing rural lands for residential uses. The development of the subject parcel for large lot residential use would result in greater impacts to the subject parcel's value as habitat than blending densities to the areas designated as Urban Residential and Urban Mixed Use within the Mirasol PUD. Clustering the density within urban land use designations encourages compact development footprints and allows for the efficient provision of public facilities and services and further maintains the separation of rural and urban land uses and protects natural resources. Specifically,the proposed land use change would facilitate rezoning of the subject parcel which would encourage development within an area already designated and authorized for development under the existing land use scheme in accordance with demonstrated need. Because the units would be shifted to urban designated areas, it would maximize the use of existing public facilities and services in an area in which those services already exist. Further the increase in density is minimal compared to the land mass involved and would be a gross increase of only 28 dwelling units. Such an increase would result in a deminimus increase in density within the urban designated area and a minimal impact on existing facilities and services. In addition to the minimal increase in density within an urban area, the proposed change would protect the subject parcel from development that would result in fragmentation of existing habitat,the addition of homes that are not easily accessible, and a disproportionate cost for providing services to those homes. j EXHIBIT 1 A T 46 S I T 47 S I T 48 S I T 49 S. T 50 S T 51 S T 52 S T 53 S X11 ; 1 T_11 1 � •x Tamil — t TT . 1a „........st p. - a � 15 8 i ils m a~ IA if, _1.7:off) j • Q s ` ;a E57:11,,i. xa o o 3' s pxs �I� _ _ oa 0a nI a $ 1 0 _ - II g? a5 ; LLL l` l` .L x_1`_;1 I_ `_ 1a ,! ,i ,-.1: .__ 1 i I I •=,1 : 8 s . . Y r i j a 3 5; ' do j 1 �,, - al ma 9 °rt as t V:. V i L(ALo l_,, 11Y.D I a l yy 1 :1 iz m a 1 3 S Y % W - 8 --Qi t' ��-its ¢ E �$ pri s.3g - I , cWn M 1588 a ai 3 I a l ■�� ■■ ■ d <oC:lr I ❑ ab Lu W o R .;'iegg§aN , o w a'� an c. ah '. „. 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""4.4 Tax Map Legend Road Centarainas County Zonmg Aerial 2005(Color) Map 4/11/2006 3:30:52 PM Image Currency Set Date A - Bonita Beach Road RPD/DRI B - Bonita Beach Road Estates ,--4 -"e-Yhibi+ 214 VI c0 N O .-r O N v oa o b o vl O O O O 00 O1 n O O ' 0 H W O csi m ed O Cl O 5 E.O OI t. a, Z O. r E U 0 w 51 rn on 5Z O ON a) O 0 E � .e4 . Z o r4 Z >+ Z . I >C Z Z ; u 0I 4. U 44 03 cd 2 E Q V) Cu O U Vrn N ' N 7E a . ) 4 cm . 0 -. .. . .0 0 t g °' A o o cd •1-3 al " o00 V2 a1 .-. E.. �. O o i rte— °� u N V N a'i a~i o p . .�.., P4 Z a, ''S w 1 o <4 43 o la 0 o 0 ^ a w 0 0 0 1. ca vi Oa oo ma' Oo H ., O fiv w UNNwUa Ri ►q U Collier County GIS - Zoning ,\/hl b;-i- 2,15Page 1 of 2 Collier County Zoning Information Pan/Zoom : fl ----4.,` .... W 9 &` f 'Y ',. vi:,,-r� .$+f�+b' it - ' ",4,1kg4 f+A.,V-,-'YAW,41.:11.40,'...: ',7.:;.0,;,,,;-,t4itiXtViVA,%,1,1,4`'ea/'31 f4,141„^(*).A/47,"';:;;v/?flt4.11,0 :•••i•••:, Wtr+Sre'„I"4.-V411., *A•;-/,'-k r-3,,744,i4.0,;-41,1,4-5,,frllRAIT,K3,f;'7=rNr-ZrdgfeZotF:9k:-*k*V4;*' Search for ._ t � - "� � / Folio Na • � % � � 0- '- " :00179800005' 4' . �, r � ; --, , -.,-- ' ,-,;' . sWigl z ...let; � - x . -. ,1 R /t e 14,` ±1 0, . } tli'::!=7"111):;76SfiliiiiictiMiliiillip .1t1444,6n5-77::,:lt,ifIgiilltitV:,;1ittyllkirailiii;:' 4, a , ,,,,,±-,./...)--„,,,, vp.:-.r v-,„: 4•u• .,L Y -... 9 4 k ,.0.At...4 ',,,4;4;4. ._,, 4 • Av -11 Search for Address: Type in or select a street name and press Tab key when ready. Then type in or select a house number and press search to zoom w___..-----.._—_--_---- House Number: 509 Street Name: 100TH AVE N 100TH AVE N 509 _ ' Data shown is for informational purposes only. Users assume all liability for use. For more info on Aerials&Parcel lines see:http://www.collieraapraiser.com/ For more info on Zoning Designations see:http://www.collieroov.net/zoning/districts/index.htm For more info on Future Land Use see: htta://www.colliergov.net/compolannino/index.htm ,.4, All other questions please contact Community Development&Environmental Services:239-403-2400 EXHIBIT 3 Section 11 I ! I ,1 ray 4filanlatgatiVt 1 u-- ©2004.Collier County Property Appraiser.While the Collier County Property Appraiser is committed to providing the most accurate and up-to-date information,nc for the data herein,its use,or its interpretation. ntTTTIT)T rni'1n20i-7nO/7n0/ 1 1/111i7nnti ., IP EXHIBIT 4 ..... .., , t, CNJ -, 7-1 fj, _ - . , ! I , 03 ... c...., ^I 1..0 op eN ( = , , t • - , -,.. , - , . , 1 I -1t-; LU CCP=F-d Z 0. .1 1 i ' II 11 ` - ...---... Irt i ' ' , i , { il 11 1 . 1i , i li li J., -,, iyH • III. k I I,:\ _ 0 Ce 2 0 a- Lid Q) ii.r>- cn ad u) w --, < t C2 2411',_, Ill Z m CO 0) C•4 Z M 0 > 4 m il ce o _ n ic 2 i <1.' CC Ca) < al CO. CA rtr— V t J Z ..2,1 .. *''''C''',':, 1 ..... ce tr m u j • .'.A...1'-:- ...1 .7 iSe331.3221 \ _,2-., ... uj u. 0 -;t1 x u ta tio o 1— W Ix u) 11- (0) 11. EWILI LU 0 (1) wi...1 0 0 < = R P g 1 ...... 1 IJJ Le , g LU ,fliiii ism— ekd CC Lgttn ,......, Z 4° S 9 t7 I S Li? I S 817 I. EXHIBIT 5,6 & 7 ENVIRONMENTAL INFORMATION Mirasol Section 11 Parcel SEC 11, TWP 48S, RNG 26E COLLIER COUNTY, FLORIDA April 2005 PREPARED BY: TURRELL & ASSOCIATES, INC. 3584 EXCHANGE AVE. SUITE B NAPLES, FL 34104 MIRASOL SECTION 11 PROPERTY Section 11,Township 48 South,Range 26 East,Collier County Environmental Information n April 2005 INTRODUCTION This report documenting site conditions and environmental considerations has been prepared to address environmental submittal requirements for a Collier County Growth Management Plan Amendment application. The included information provides an environmental overview of the subject property, which is currently proposed as preserve lands as part of the Mirasol Development. SITE CONDITIONS 1. Project Location The subject property is located three miles north of CR 846 and immediately west of a straight line drawn north from CR 951. This site is currently being considered as preserve for the Mirasol development with access to be provided from Broken Back Road along the west property boundary. Altered sheet flows from the east currently back up and flood the property on an annual basis. This has led to proliferation of melaleuca in many areas throughout the property. To characterize surrounding land use, an agricultural row crop operation and �—, water management area exist to the north of the property while lands to the east, west,and north are currently undeveloped and forested. The project location is depicted on the Location Map enclosed for review. The approximate parcel boundaries are located on the enclosed aerial with FLUCFCS map overlain,which is also enclosed for review. 2. Soils Information According to the USDA Soil Survey of Collier County Florida, the site is composed of three different soil units. Approximately one third of the site is composed of Oldsmar Fine Sand, which is classified as a non-hydric soil. Approximately another third of the site is composed of Holopaw Fine Sand, Limestone Substratum, which is a hydric soil unit. The third major soil unit is Boca, Riviera, Limestone Substratum and Copeland Fine Sands Depressional, which is also a hydric unit.A soils map has been included with this report. 3. FLUCFCS Information Major vegetative communities were estimated based on photo interpretation of Collier County aerial photography. Ground truthing of these estimates was conducted in January of 2003 and again in March of 2004 to verify the vegetation and to estimate the extent of jurisdictional wetlands on site. The Florida Land Use, Cover, and Forms Classification System (FLUCFCS) manual was used to classify the vegetation communities occurring within the site boundaries. The Page 1 of 4 MIRASOL SECTION 11 PROPERTY Section 11,Township 48 South,Range 26 East,Collier County Environmental Information April 2005 enclosed FLUCFCS map illustrates the FLUCFCS codes and acreage for each community. A general description is provided below for each category along with any site-specific nuances that may be relevant to the assessment. FLUCFCS FLUCFCS TOTAL POTENTIAL CODE DESCRIPTION ACRES JURISDICTIONAL WETLANDS 411 Mesic Pine Flatwoods 21.61 424 Melaleuca 31.73 31.73 424/621 Melaleuca/Cypress 7.36 7.36 424/624 Melaleuca/Cypress/Pine 14.54 14.54 424/625 Melaleuca/Hydric Pine 63.98 63.98 621 Cypress 21.21 21.21 640 Marsh 1.43 1.43 TOTALS 161.86 140.25 Note:Acreages are approximate as no boundary survey vras used to determine property extents or vegetative breaks. 411 —Mesic Pine Flatwoods - These uplands are dominated by slash pine(Pinus elliottii) with saw palmetto (Serenoa repens) islands, Myrsine (Myrsine guianensis), and scattered wax myrtle (Myrica cerifera) and Brazilian pepper (Schinus terebinithifolius) in the midstory. Groundcover is made up mostly of saw palmetto,also noted are grapevine(Vitus rotundifolia) and a rare rusty lyonia (Lyonia ferruginea). 424 — Melaleuca - The dominant plant in these areas is melaleuca (Melaleuca quinquenervia). The melaleuca dominates the habitat and precludes almost all other vegetation with the exception of a few swamp ferns (Blechnum serrulatum) and some assorted sedges. 424/621 —Melaleuca/Cypress-This code covers scattered areas of the property. Vegetation is composed of cypress(Taxodium distichum)with melaleuca at densities ranging from 25%to 60%. Midstory species are mostly smaller melaleuca.Ground covers include,yellow eyed grass(Xyris iridifolia),pipewort (Eriocaulon spp.), and swamp fern. 424/624—Melaleuca I Cypress/Pine-Vegetation is composed of cypress with slash pine and melaleuca at densities ranging from 25%to 75%. Midstory species include wax myrtle,and myrsine. Groundcovers include yellow eyed grass, pipewort,marsh fleabane(Pluchea foetida),poison ivy(Toxicodendron radicans)and goldenrod(Euthamina minor). 424/625 — Melaleuca / Pine - This code covers a majority of the property. Vegetation is composed ofscattered slash pine with heavy melaleuca densities ranging from 30% to 80%. Midstory species include wax myrtle, yellow eyed grass,pipewort,marsh fleabane,and goldenrod(Euthamina minor). Page 2 of 4 MIRASOL SECTION 11 PROPERTY Section 11,Township 48 South,Range 26 East,Collier County Environmental Information April 2005 621 —Cypress-Cypress is the dominant canopy species with melaleuca at densities below 25%. A few Carolina willow(Salix caroliniana)and Brazilian pepper are also present.Groundcovers include, swamp fern,yellow eyed grass, hatpins,and sawgrass(Cladium jamaicense). 640—Marsh—This is a small area in the center of a cypress dome.There are no canopy or mid-story species. Groundcovers include alligator flag(Thalia geniculata),duck potato(Saggitaria lancifolia),and sawgrass. 4. Wetlands Both the South Firida Water Management District and the U.S. Army Corps of Engineers have been on the site and both have verified the jurisdictional lines depicted on the enclosed exhibit. The majority of the parcel has been impacted due to altered hydrology and exotic vegetation infestation. Elevated water levels on an annual basis have begun to alter the upland and transitional areas. Less upland vegetation recruitment is seen and more wetland species are becoming apparent. Overall,the quality of the wetlands is not too bad.The removal of the exotic vegetation and restoration of a more historical hydroperiod to this parcel will improve the quality of this parcel and increase its functional values with respect to wildlife support.None of the parcel's wetlands are proposed to be impacted by the proposed development. 5. Historical and/or Archaeological Information According to the State Division of Historical Resources,no historical or archaeological sites are known to exist on the subject property.An archaeological survey of the site was conducted and no evidence of any sites was found.A copy of the letter from the Division of Historical Resources is enclosed. 6. Protected Species No protected species have been seen on the project site during the site visits. However,based on the vegetation, general location of the property,and known activity of listed species within close proximity of the parcel it is likely that some listed species could be utilizing the property. The property is less than 5 miles from a bird rookery that is known to support wood storks as well as several other wading bird species.Panther telemetry data points show that panthers have passed within'A mile of the property in the recent past.Bear tracks have been seen along Broken Back Road to the south of the parceL There are known fox squirrels Page 3 of 4 MIRASOL SECTION 11 PROPERTY Section 11,Township 48 South,Range 26 East,Collier County Environmental Information April 2005 utilizing the property adjacent to the west so it must be assumed that they would utilize this site as well. Listed Species Potentially Utilizing the Parcel Tricolor Heron(Egretta tricolor, SSC) Snowy Egret(Egretta thula, SSC) Little Blue Heron(Egretta caerula, SSC) White Ibis(Eudocimus albus, SSC) Wood Stork(Mycteria americana FE) Red cockaded woodpecker(Picoides borealis, FE, ST) American Kestrel(Falco sparverius paulus, *, ST) Bald eagle(Haliaetus leucocephalus, FT, ST) Eastern Indigo snake(Drymarchon corais couperi, FT,ST) Florida Black bear(Ursus americanus floridanus, FC, ST) Florida Weasel(Mustela frenaata peninsulae, R) Big Cypress Fox Squirrel(Sciurus niger avicennia, *) Florida Panther(Puma concolor coryi, FE, SE) F=Federal ,.� S=State E=Endangered T=Threatened SSC=Florida Species of Special Concern C=Federal Candidate FWS Species of Management Concern R=Rare Page 4 of 4 1 zy toll• WI 0V N J 0 tii W Li. Z a IL Qp 0 % Q Q • QBI�6 2 5 -4z z d= Z UMWa — o rc ZU 2 QHUZ I UQ 0H Ii lz. aoo m ZJ w o W n u,ti� i U J II11�R: Ci. 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I 4 v A QF h 13� T- -7,3., ;;, 2 1ps ::::, -41*:-.47NNi.- d CI ‘:/,:r0-4.Wtii;;44-;;I:4„:„-iv ..4, c, 21 14 IAA v; 4 04F. 3 .2.43 W Q" �',:%,,,!,,:„."K:_‘,--;,,,,,.;.,,IN � % 0 S $^ F �� %%8 h �a � x d � ,. qiY c mak3 #� rs � " dSy ? y 4." � .: ' aYL:+ '` ? Z '� � , s 'te � � w s u � b�� - s� ¢ -r € v. e„*,, ,r Y i . .' �- ` - i .:,,:::321, :.,:,_:Ir.:7.1.,F;..,:::::.;:,:3.:., „:,,,:.,,,,;:..e Ik%.<-4: 4. ''''''' ...-V1,, 4' ..-e* -';::'''''''; 't4.'' 5,.:',.:-II*:,,,:::".:?,R.t'7 ;it,',,::pirip.1, .0 -,,,;,,,,,im*::',4_,ttx.i''',..,,,- - (16) OldsmarFine Sand- This nearly level,poorly drained soil is on the flatwoods. Areas are elongated and irregular in shape and range from 20 to 450 acres. The slope is 0 to 2 percent. Typically,the surface layer is dark grayish brown fine sand about 4 inches thick. The subsurface layer is fine sand to a depth of about 35 inches;the upper part is light gray and the lower part is light brownish gray. The subsoil is to a depth of about 80 inches;the upper part is black fine sand,the middle part is very dark grayish brown fine sand and the lower part is dark grayish brown fine loam. In 95 percent of areas mapped as this soil,Oldsmar and similar soils make up 80 to 100 percent of the map unit. The characteristics of Immokalee soils are similar. Soils of dissimilar characteristics included in this unit are small areas of Malabar and Pineda soils in slough landscape positions. These soils make up to 20 percent or less of the unit. The permeability of this soil is slow to very slow. The available water capacity is low. Natural fertility is low. In most years,under natural conditions,the seasonal high water table is between 6 to 18 inches of the surface for 1 to 6 months. In other months,the water table is below 18 inches and recedes to a depth of more than 40 inches during extended dry periods. Rarely is it above the surface. Natural vegetation consists mostly of south Florida slash pine,cabbage palm, saw palmetto,wax myrtle,chalky bluestem and pineland threeawn. This soil is poorly suited to cultivated crops because of wetness and droughtiness. The number of adapted crops is limited unless very intensive management practices are followed. With good water control and soil improving measures,the soil can be made suitable for many fruit and vegetable crops. A water control system is needed to remove excess water in wet seasons and provide water through subsurface irrigation in dry seasons. Row crops should include bedding of the rows. Fertilizer and lime should be added according to the need of the crops. With proper control,the soil is well suited to citrus. Water control systems that maintain good drainage to an effective depth are needed. Bedding the soil prior to planting provides good surface and internal drainage and elevates the trees above the seasonal high water table. A good grass cover crop between the trees helps to protect the soil from blowing when the trees are young. With good water control management,this soil is well suited to pasture. A water control system is needed to remove excess water during the wet season. It is well suited to pangolagrass, bahiagrass and clover. Excellent pastures of grass or grass-clover mixtures can be grown with good management. Regular applications of fertilizers and controlled grazing are needed for highest yields. This soil is moderately suited for desirable range plant production. The dominant forage is creeping bluestem, lopsided indiangrass,pineland threeawn and chalky bluestem. Management practices should include deferred grazing and brush control. This Oldsmar soil is in the South Florida Flatwoods range site. This soil has several limitations for most urban uses because of wetness. If the soil is used as septic tank absorption fields, it should be mounded to maintain the system well above the seasonal high water table. For recreational uses,this soil also has severe limitations because of wetness,but with proper drainage to remove excess surface water during wet periods,many of these limitations can be overcome. This Oldsmar soil is in capability subclass IVw. n (2)Holopaw Fine Sand,Limestone Substratum-This nearly level,poorly drained soil is in sloughs and broad poorly defined drainage ways. Individual areas are elongated and irregular in shape and range from 20 to 300 acres. The slope is 0 to 2 percent. Typically,the surface layer is dark gray fine sand about 5 inches thick. The substratum layer is fine sand to a depth of about 52 inches;the upper part is light gray and the lower parties light brownish gray. The subsoil extends to a depth of about 62 inches;the upper part is dark grayish brown fine sand and the lower part is dark grayish brown fme sandy loam. Limestone bedrock is at a depth of about 62 inches. In 95 percent of the areas mapped as this soil,Holopaw and similar soils make up 78 to 97 percent of the map unit. The characteristics of Malabar,Pineda and Riviera soils with limestone substratums are similar. Soils of dissimilar characteristics included in this unit are small areas of Basinger,Boca and Chobee soils on similar landscape positions. These soils make up about 3 to 22 percent of the unit. The permeability of this soil is moderately slow. The available water capacity is low. In most years,under natural conditions,the seasonal high water table is within 12 inches of the surface for 3 to 6 months. In other months,the water table is below 12 inches and recedes to a depth of more than 40 inches during extended dry periods. During periods of high rainfall,the soil is covered by shallow slowly moving water for periods of about 7 to 30 days. Natural vegetation consists of scattered south Florida slash pine,cypress,cabbage palm, sawpalmetto,waxmyrtle, sandcordgrass,chalky bluestem and gulf muhly. This soil is poorly suited to cultivated crops because of wetness and droughtiness. With good water-control measures and soil improving measures,the soil can be made suitable for many fruit and vegetable crops. A water control system is needed to remove excess water in wet seasons and provide water through subsurface irrigation in dry seasons. Row crops should be rotated with cover crops. Seedbed preparation should include bedding of the rows. Fertilizer and lime should be added according to the need of the crops. With proper water control,the soil is moderately suited to citrus. Water control systems that maintain good drainage to an effective depth are needed. Bedding the soil prior to planting provides good surface and internal drainage and elevates the trees above the seasonal high water table. A good grass cover crop between the trees helps to protect the soil from blowing when the trees are younger. With good water control management,this soil is well suited to pasture. A water control system is needed to remove excess water during the wet season. It is well suited to pangolagrass, bahiagrass and clover. Excellent pastures of grass or grass-clover mixtures can be grown with good management. Regular applications of fertilizers and controlled grazing are needed for highest yields. This soil is well suited for desirable range plant production. The dominant forage consists of blue maidencane,chalky bluestem and bluejoint panicum. Management practices should include deferred grazing. This Holopaw soil is in the Slough range site. This soil has severe limitations for most urban uses because of the high water table. To overcome this limitation,building sites and septic tank absorption fields should be mounded. This soil also has severe limitations for recreational development because of wetness and sandy texture. Problems associated with wetness can be corrected by providing adequate drainage and drainage outlets to control the high water table. The sandy texture limitation can be overcome by adding suitable topsoil or by resurfacing the area. This Holopaw soil is in capability subclass IVw. (25)Boca,Riviera,Limestone Substratum and Copeland Fine Sands,Depressional- These level, very poorly drained soils are in depressions,cypress swamps and marshes. Individual areas are elongated and irregular in shape and range from 100 to 3000 acres. The slope is 0 to 1 percent. Typically,the Boca soil has surface layer of very dark gray fine sand to a depth of about 26 inches;the upper part is light gray and the lower part is brown. The subsoil is dark grayish brown fine sandy loam to a depth of about 30 inches. Limestone bedrock is at a depth of about 30 inches. Typically,the Riviera soil has a surface layer of gray fine sand about 6 inches thick. The subsurface layer is fine sand to a depth of about 32 inches;the upper part is light brownish gray and the lower part is light gray. The subsoil is sandy clay loam to a depth of about 54 inches;the upper par is grayish brown and the lower part is dark gray. Limestone bedrock is at a depth of about 54 inches. Typically,the Copeland soil has a surface layer of black fine sand about 6 inches thick. The subsurface layer is fine sand to a depth of about 18 inches;the upper part is very dark grayish brown and the lower part is dark gray. The subsoil is light gray mottled,sandy clay loam to a depth of about 24 inches. The substratum is light gray marl to a depth of about 30 inches. Limestone bedrock is at a depth of about 30 inches. Areas mapped can consist entirely of Boca soil,Riviera, limestone substratum, soil Copeland soil,or any combination of the three soils. These three soils were not separated in mapping because of similar management needs brought about by ponding. The characteristics of Holopaw,Malabar and Pineda soils are similar. Soils of dissimilar characteristics included in these units are small areas of Basinger,Dania, Gator and Hallendale soils on similar landscape positions. These soils make up about 20 percent or less of the units. The permeability of the Boca soil is moderate and the available water capacity is very low. The permeability of the Riviera soils is moderately rapid to moderately slow and the available water capacity is low. The permeability of the Copeland soil is moderated and the available water capacity is moderate. In most years,under natural conditions,these soils are ponded for 6 to 9 months or more each year. Inother months the water table is within 12 inches of the surface and recedes to a depth of 12 to 40 inches during extended dry periods. These soils are not suited for cultivated crops or citrus because of flooding,ponding and wetness. These soils are used for natural wetlands. Natural vegetation consists mostly of bald cypress, pickerelweed,rushes, fire flag,sawgrass and Florida willow. The Boca,Riviera and Copeland soils have no range site. These soils are in the Cypress Swamp ecological community. 72. sc ,o4 trItb Pt r � e SSS •%."f..•4.4 ^ WE FLORIDA DEPARTMENT OF STATE Glenda E.Hood Secretary of State DIVISION OF HISTORICAL RESOURCES Mr. Robert S.Carr September 28,2004 Archaeological and Historical Conservancy,Inc. 4800 S.W.64th Avenue,Suite 107 Davie,FL 33314 Re: DHR Project File No.2004-8678.(2004-6526)/Received by DHR: September 1,2004 A Phase One Archaeological Assessment of the Mirasol Parcel, Collier County, Florida U.S.Army Corps of Engineers Application No.:200001926 Dear Mr.Can: Our office received and reviewed the above referenced survey report in accordance with Section 106 of the National Historic Preservation Act of 1966(Public Law 89-665),as amended in 1992;36 C.F.R.,Part 800:Protection of Historic Properties;and Chapter 267,Florida Statutes,for assessment of possible adverse impact to historic properties listed,or eligible for listing,in the National Register of Historic Places(NRHP). In August 2004,Archaeological and Historical Conservancy,Inc. (AHC)conducted an archaeological and historical survey of the Mirasol Parcel in Collier County on behalf of Turrell&Associates,Inc.No cultural resourceswere identified within the project area during the investigation. It is the opinion of AHC that the proposed development will have no effect on cultural resources listed or eligible for listing in the NRHP,or otherwise of historical,architectural or archaeological value. AHC recommends no further investigation of the subject parcel. Based on the information provided,our office concurs with these determinations and finds the submitted report complete and sufficient in accordance with Chapter 1A-46,Florida Administrative Code. If you have any questions concerning our comments,please contact Ron Grayson,Historic Sites Specialist,by phone at(850)245-6333,or by electronic mail at rigraysonO,,dos.state.fl.us.Your continued interest in protecting Florida's historic properties is appreciated. Sincerely, • Frederick Gaske, Director,and - State Historic Preservation Officer . Xc:Jacksonville District Corps of Engineers • 500 S.Bronough Street • Tallahassee,FL 32399-0250 • http://www.flheritage.com 0 Director's Office 0 Archaeological Research ®Historic Preservation 0 Historical Museums (850)245-6300•FAX:245-6435 (850)245-6444•FAX:245-6436 (850)245-6333•FAX:245-6437 (850)245-6400•FAX:245-6433 0 Palm Beach Regional Office 0 St.Augustine Regional Office 0 Tampa Regional Office (561)279-1475•FAX:279-1476 (904)825-5045•FAX:825-5044 (813)272-3843•FAX:272-2340 EXHIBIT 8 Vanasse Daytor Petition CP-2005-8 TRAFFIC IMPACT STATEMENT Section I I NOVEMBER 29, 2006 North of the intersection of Collier Boulevard (CR 951) and Immokalee Road Naples, Florida Prepared For Prepared By: Don Milarcik Vanasse&Daylor LLP Klausen Company 6704 Lone Oak Blvd Naples, FL 34109 P""•• Job#80950.02 12730 New Brittany Boulevard, Suite 600, Fort Myers, Florida 33907 t 239.437.4601 E 239.437.4636 w vanday.com INTRODUCTION Vanasse Daylor LLP (VanasseDaylor) is providing this Comprehensive Plan Amendment Traffic Impact Statement for Section 11 to the northeast of the Mirasol Residential Development. If approved, the 32 du's of from Section 11 will be transferred to the Mirasol Residential Development. In accordance with Comments from Collier County Transportation,they require a trip generation report with distribution. The Mirasol Residential Development is located northwest of the Immokalee Road & Collier Boulevard intersection in northern Collier County. Access will be provided via Immokalee Road. The site is currently vacant, however, completion of Mirasol Residential Development is anticipated to be in 2011 and it currently holds a concurrency reservation for 799 multifamily dwelling units. .The following Land Use program is proposed for this project: • Single Family(LU 210) 32 Residential Dwelling Units PROJECTED TRAFFIC TRIP GENERATION Site-generated trips were estimated using Institute of Transportation Engineers (ITE) Trip Generation (7th Edition), in accordance with the current Collier County policy. The following trip generation formulas were used: Single-Family Detached Housing(LU 210): ADT:Ln(T)=0.92 Ln(X)+2.71 AM Peak Hour T=0.70(X)+9.43 PM Peak Hour:Lam =0.90 Ln(X)+0.53 The above equations were used with the land use program to generate the estimated trip generations for the project as shown in Table 1. Section 1 I Comprehensive Plan Amendment 1 Table I PROJECT TRIP GENERATION AM Peak PM Peak LAND USE Size Unit ADT Total atter Exit oral Enter. Single Family(LU 210): 32 DU 364 32 8 24 38 24 14 Totals 32 DU 364 32 8 24 38 24 14 II TRIP DISTRIBUTION AND ASSIGNMENT The pattern of site-generated trip distribution is based on locations of generators and attractors in the study area of the project. The traffic distribution generated by Leftwich Engineering for the Mirasol Residential Development was used to develop the site-generated traffic distribution and assignment as presented in Table 2. Table 2 TRAFFIC DISTRIBUTION-PM PEAK HOUR PM Pk Hr Traffic Traffic Assignment Roadway segment Distribution N/E SMW Immokalee Road West of Logan Boulevard 35% 8 5 Immokalee Road West of the Access on Immokalee 60% 14 8 Immokalee Road West of CR 951 40% 6 10 Immokalee Road East of Collier Boulevard 6% 1 1 CR 951 South of Immokalee Road 27% 6 4 n Section I I Comprehensive Plan Amendment 2 V.E.4 Exhibit 8A Document proposed services and public facilities, identify provider, and describe the effect the proposed change will have on schools, fire protection and emergency medical services. Response: The proposed land use change to the subject property would the applicant to seek rezoning of the subject property which, if approved, would allow the transfer of density from the subject parcel to the existing Mirasol PUD via the density blending provision while maintaining the existing protections for the subject parcel's habitat value and rural nature. Development on the property based on the current land use designation would be served by well and septic tank due to the size of the property and the lack of available services. In contrast, water and sewer services to any units blended within the Mirasol project would be provided through a community development district established within the Mirasol PUD as stated in Ordinance 01-20. Other services and impacts to schools, fire protection and medical services triggered by the additional units would likewise also be addressed through the requirements of the Mirasol PUD as amended. The proposed land use change may result in the addition 32 units to the Mirasol PUD, if the zoning change to the subject property is approved, and such approval would result in minimal increases in the services that are already required to serve that PUD. In the event that the subject property is not rezoned, no units would be eligible for transfer under the density blending urrent standards andprovision and the bhe impacts to serviject property could ces developed in accordance with would be no different than those which currently exist. EXHIBIT 9 c': MN 15 N16 MIS KW /\ dye Nl3la3Y uROCK. 3 3. �//■1%��\ $z z �. MN 1S NLN 0 troTy i o N u; \� C CATAWBA ST C ..- M MN 15 FILE I. M m g' Tia Y z MOULDER DR .. .. U RIVERS RD _.II c0 O) M _......_. _ M KRAPE RD-. 2.. WILOWOOD aLvo _ Q n Y BLw 1S SO604311 m _ HERITAGE BF a0 AVB mo,eN0195 ¢. s 41 2 w a 3)0 0 M Z $.. .. 'cst C _. T Cl. U O 5 a O y 011300M 0 L > 3 AIASSEY ST I. Fn WOOU%REST DR Og DALECT re 0 2 O .. - ? u OPN8U0.Y BLw y N �7 J u 6 DAVILA ST M 1 N U) CI P CV 3 C! r 803NOIS378HVW S rc Q 1! a O p u 8 2' e .COLLIER BLVD ^ .. .- aatl OAVnD. _. 9 \ - -- ON NaV9 03).10112g kg PINNACLE PL z aD z- 2 m ge 0 0aS37983, m Ow U Cr CO ._ n. _ LAUREL LMLS BLVD - rc N ISIS COVE CIR m U y w OA18360a u w � II-- (1-1 g Nl Aa35anN TAUREN CT e > O L.a' B •L 3 + 11 i c o 7 AVAi 3anl3 0. ilia 3%3353 dd g' - O. .. ''3 C g_ g F C 7 q^.,pp I�� ?C w N ¢ LI1 x ° v,-, „, e- I010O53tld �. Y �. V.4), =-; O� '-a U.iVV�A5V00300 U- 0') C:lY'r'el CD — --_ .an,� C :. B..1TIERFL'BALAf DR C2 se In YaSSbAYN > o "V•1 p 3 YD 30NVdDVINtln1Z 3.. 3 o ' U) CH N.Or 4 as D co C Q. L U S t 2 No 3 - y-' S ala 3r00 u I a > 3 0 s - 3 3MD 3lddb ONC0 a x 0OAK LEAF DR �S9LH « o. I S O F CR ¢ w0 Bp1.0 PINTAIL CT y 9 m a03dpTSANNnT Ux'U N1000M3SOa c000 PWMLN' X m n' x x" m x¢ �O m ..,A AVM ONV71Wa v- V� OOD D0. -.... LI O N G 2 `• z v o. Z WAYSIDE DR ; 2 8 E 1 1 o 2O WHITE VIOLET OR ¢' OA185351`l0 yi ., oRL OP g: R W OnIR 53NV0 >J m _ F 1q. el- m MF103TddVUNOd atafi311b1 N019NI1N g0AT8 AY8N(083?. 0 <��. u w o..vnl�"InE CA VD 3NOOaETiLaON .. w 4 -o ,01404'' > AJI Nl 000AllAUI - - - % a :::SCI 511 �...- a _ U. 3 v0 _ F g - .IULI£l BLVD S2 ' Z ro Q. 3. '- fig: 3 �e d `2.}" w 8 t 2 8 E U a; �' LL $ a - y > '� ~ < AP ? SAINT CROIX IN - 3.3 ¢ < 4"CP- 3OAl8NOan8LL r� evi '�'1 Z AYi8019NSV �= O tg m o r 5 S o g o'.AT 001SY r.:1 n go 0 U C. ,� a, C REGE!.T CIR N N13H1 GO U W 3 CJ _ m (_ a S•F 0 z e4 so 32YH NWn1RV 4 >� U y _. 010;OLM30 'O r.0 o. 'A'� a c1 SUMMER PL 7 ~(/!,T/��I u m - r K eS ^� C �''LA 0 3AY 90100` �OkO' TIBUROR�= 5 aD M31AU-IiMM "� W "� N13110tl"d Ti ala TT38dNV.a EXHIBIT 10 t () f tr, '` " i _ 1 ',. ...-,'''' :.-')V''' "I ki ,.'- •••; ..2', — -==:-"—1 I .,, . .. ' 1 ,.- 4- -1' ,9 .efr V -if, i . „....._ ,"'"--N .;" .,4*" 1 - / / 1 , . „ke ...- I / 1k I . 11 / , , i cy: 4, to I i I 'rt' , - ! i ; I ...... .\ 1,1019ft 1 inpH I o ,,{1 a.. gdOn A mcioq,,,, ;•,,lbolo4oLi)Iv/Jpol,...94 m.o. d11-110 L)1\111-1()7 :1\10n1A1H L'V Rpt- 20 05 03:45p PMS Inc) 4359082 P LETTER OF AUTHORIZATION TO WHOM IT MAY CONCERN; I hereby authorize Katherine English cif Paccsc Law Firm (Name of Agent—typed or printed) as myAgent in a request to amend the Collier County Growthanagement Plan to serve M q affecting property identified in the Application/. Sned: % { i - A ame of Owner(s)of Record)Fy � {- GWW -¢"' i',.`Y`6‘,"14 . I hereby certify that 1 have the authority to make the foregoing application,and that the application is true,correct and complete to the best of my knowledge. t, tifia.c.r.,Cii--°--- Signatureof Applicant - ttoe &6. CL ss c am, • Name—Typed or Printed STATE OF ( Florida ) COUNTY OF ( Collier ) Sworn to and - a0 day of rL/ 20 r i Of• By otary • ,' I MYa ) COUNTY3611Steding " COMirt # t EXPO April 5,2006 -xl .. W NDEQ TMRU TkOY FM4INSURANCI,INC CHOOSE ONE OF THE FOLLOWING: f ' who is personally known to me, who has produced as identification and id take an Oath did not take an Oath NOTICE—BE AWARE THAT: Florida Statute Section 837.06—False Official Statements Law states that: "Whoever knowingly makes a false statement in writing with the intent to mislead a public servant in the performance of his official duty shall be guilty of a misdemeanor of the second degree, punishable as provided by a fine to a maximum of$500.00 and/or maximum of a sixty day jail term." ,.� 8 0212002 R 3173542 OR: 3211 N: 1451 won it 0111C111 VC= of COLLIU CONN, n Prepared by and return to: WHIM) it 11:511*NICE I. Mr CLDI C.Peny Peeples,Esq. ae trt 11.50 Garlick,Stetler&Peeples,LLP 00e-.11 .11 5551 Ridgewood Drive,Suite 101 MI; Naples,Florida 34108-2718-2718 GAIL $fl?Li it 11 etcin CORRECTIVE WARRANTY DEED Tests INDENTURE, made 40`' i° : f April, 2003, between Mirasol Development, L.L.C., a Flori• • iii -. a•r t ,j" +, ("Grantor") and Imcollier Joint Venture, a Florida general • /t .;, ip, whose ad. ,.. . 125 Carlton Lakes Boulevard, Naples, FL 34110 ("Grant- i i • • a:in: - or. • • t• correct the grantee. Grantor had previously assigned i • trac n is • Gran -. H.,we er, Grantor was incorrectly listed as grantee of the • .-. , '•e i s ''i •; • )1Pa:. 2406, Public Records of yp Collier County, Florida. 1, WITNESSETH that th .• tor, for and in c s`1•;de •ti 5 p the sum of Ten and 00/100 Dollars ($10.00), and other :_ • and valuable c G •i - • >1 to Grantor in hand paid by Grantee, the receipt whereof i ' acknowledged, , _ . ted, bargained and sold to the • . . ':: �A er, the following described land said Grantee and Grantee's su • � situate, lying and being in the Count , fill i€?a 1' . Florida,to wit: The North Y2 of the North '/s of section 11, Township 48 South, Range 26 East, Collier County,Florida. and the Grantor does hereby warrant the title to said land and will defend the same against lawful claims of all persons whomsoever. SUBJECT To real estate taxes accruing subsequent to December 31, 2002; zoning, building code and other use restrictions imposed by governmental authority; outstanding oil, gas, and mineral interests of record, if any; and restrictions and easements common to the subdivision. TOGETHER with all the tenements, hereditaments and appurtenances thereto belonging or in anyway appertaining. To HAVE AND TO HOLD the same in fee simple forever. *tt OR: 3211 PG: 1458 ttt IN WITNESS WHEREOF.the Grantor has hereunto set its hand and seal the day and year first above written. Signed,sealed and delivered '. in our presence: Mirasol Development,L.L.C.,a Florida limited liability company By its Managing Member: CCMS Development,L.L.C.,a Florida limited liability company l/i----- . By: AtitiateL4.444-)-----, Printed e: Ild&MII - • ' Robert G.Claussen,Managing Member 6025 Carlton Lakes Boulevard,Naples, Florida 34110 ket3I&. t Printed Name: to . ._.�.A �_2, COLl) - STATE OF FLORIDA COUNTY OF COLLIER 11). The foregoing ins ,w- .wl : .V _ is W0 day of April, 2003 by Robert G. Claussen, M: �_ g Member of CC .�. I -v. , ent, L.L.C., a Florida limited liability company,Managing'�,�.�• • r of Mirasol De'• t • - no .L.C.,a Florida limited liability on behalf of the com•7"y1 ho is perso k . own to me or produced --P .. pied', ttfication. ' C - pa.))/34.06642_ Notary Public Printed Name: (Seal) My Commission Expires: NACIlenftWirasol 01951Wananty Dced.DOC '2%.YVM'0 Marbat .�M Cortrnigbn OOt3S3M %V Expires Oxbow 06.2006 /'- -2- 3156505 OR; 3254 PG; 2406 iMODD in OPCUL WORDS of COLLIIR COWL PL p • xith�ltle opinion by; 0410211001 it 10:1111K DVIGII 1. 1ROCI, CLIRI 'Dorothy M.Breen,Nutre COAs 010000.00 Goodman Bram&Gibbs WIC III 15.00 A38 Tamiami Trail North,Suite 300 DOC-.10 6160.00 pies,FL 34103 Mtn: GARLICI MN It AL When.recolded return to; PIC1 OP William F.Brandes,Jr.,Esquire Garlick,Stetler&Peeples,LLP 5551 Ridgewood Drive,Suite 101 Naples,FL 34108-2718 •eserved for Reco : Information) TRUSTEE'S DEED BY THIS DEED,made this a."1 day of March,2003,between Lenore H.McTague and SunTrust Bank(f/k/a SunTrust Bank,Southwest Florida),Successor Co-Trustees of the Robert IL McTague Revocable Trust ' 4-;:f., _ i 1983,last Amended and Restated on June 2,1994,and amended on Ju• , j:. , 002,and the Robert H.McTague Marital Trust created under , v, ., ,t dated Ju• ' '4, as Grantor*, and Mirasol Development,L.L.C.a Florid ► ., ' liability company, . : tee,whose post office address is 6025 Carlton Lakes Boulev: •, .•. , 10 f. and co ideration of the sum of TEN DOLLARS, and other good d . • . .•eratio F paid •y . tee to Grantor, Grantor conveys to Grantee,and . ee', . . R. ► S. •llo 'ng described real property. in Collier County,Florida,t. wi ( 1 The North 1/2 of the �/, w.. Itp 1n- ,= o �, , , . s�:.uth,Range 26 East, Collier County,Flori,►, , SUBJECT TO restricti• , rvations,and eases 1 •. Er. ord,and taxes for year 2003 and subsequent y - o `S. Property Identification Number "o 5$000 C Grantor covenants with Grantee that Grantor has good right and lawful authority to sell and coney the property and Grantor warrants the title to the property for any acts of Grantor and will defend the title against the lawful claims of all persons claiming by,through,or under it,but against no other. Grantor further warrants that the property is not the homestead property or adjacent the homestead property of Lenore H. McTague nor that of any member of her family. Lenore H. McTague resides at 2413 Bayshore Boulevard,#1005,Tampa,FL 33629. • "Grantor'and"Orantee"are used for singular or plural,as context requires. n '� OR: 3254 PG: 2407 • IN WITNESS WHEREOF, Grantor has signed this deed the day and year first above written. Signed and delivered in our presence: ature of itness lb. 1 LENORE R,MCTAGUE Successor Co-Trustee of the Robert H.Mclague 1t4-1.41-- Aceii� Revocable Trust dated August 30, 1983,last 'lope or print nine of Witness'No. l Amended and Restated on June 2. 1994, and amended on June 7, 1999 and on June 6. 2002. and the Robert H.McTague Marital Trust created under instrument dated June 2, 1994 Lttv..cc' T ,paw 2413 Bayshore Boulevard,#1005 Signature of Witness No.2 Tampa,FL 33629 ;L -t• OAvis Type or print name of Witness No.2 1 \ RCQLT T Signed and delivered in our presence. Trust ssor C a T - of the Robert H.McTague ,•�: _ t ' ted August 30, 1983.last �1 R..-. ted on lune 2, 1994,and , e ` n J e 1999 and on June 6,2002,and R•_ :ue Marital Trust created under l''' i = ts •t- •une2, 1994 -4- 0 • 10A01 r'i'm of , `o. 1 w �, J.Tom to n e/s • ice President • or print name of fitness No. 1 26731 South Tamiami Trail Bonita Springs,FL 34134 4►� (Cove ors."c Ss•al) 3 of Winner TyftIU AI )2-6v tt name 01 Witness No.2 - uR; JCji ru; LYU0 • • 'STATE OF FLORIDA tip COUNTY OF slit 1 The foregoing instrument was acknowledged before me this Y1 day of March, 2003, by Lenore H.McTague,Successor Co-Trustee of the Robert H.McTague Revocable Trust dated August 30, 1983,last Amended and Restated on June 2, 1994,and amended on June 7, 1999 and on June 6,2002,and the Robert H.McTague Marital Trust created under instrument dated June 2, 1994,who 0 is personally known to me or who has produced a driver's license as identification. m.2 7 2 -s.1. .7o;i- NOTARY PUBLIC: Sign (1 �,.. Print .S /ix (.1,. , JAk, vi'y State of Florida at Large My Commission Expires: My Commission Number Is: (affix notarial seal) \-)\)1-0. CO ,v, swtn C limey Q ! CoMmistbn 00188343 %.) a Fitfully 25.2007 • COUNTY o LORIDA1,Et pyThe foregoing instrum- . _4-: , e — , : of March,2003,by Patricia J. Tomlinson, as Vice President o That Bank,a F 's r. .• t • behalf of the corporation,as Successor Co-Trustee of the R. , -' cTague Revocable, • . -� f. 30,1983,last Amended and Restated on June 2, 1994,and am^ June 7, 1999 *Tr' 0 2,and the Robert H.McTague Marital Trust created under i ' June 2, 1994. S , rsonally known to me,or 0 has produced a driver's license as identifi C 'e RY PUBLIC: • Sign 71attPrint /j1 ' #fi / Fin State of Florida at Large • camnw.bn 00067196 My Commission Expires: N.• " s� 16 2006 My Commission Number Is: (affix notarial seal) 3 Item VI.F ENVIRONMENTAL ADVISORY COUNCIL STAFF REPORT MEETING OF MARCH 7,2007 NAME OF PETITIONER/PROJECT: Petition No.: CPSP-2005-15 Petition Name: THOROUGHFARE CORRIDOR PROTECTION PLANS Applicant: Don Scott,Director Collier County Transportation Planning Dept. II. LOCATION: The proposed Growth Management Plan amendment is not specific to a certain location. III. PROJECT DESCRIPTION: The proposed text change seeks to amend the Transportation Element of the Collier County Growth Management Plan to establish thoroughfare corridor protection and preservation planning, through related plans,maps, tables and ordinances,as follows: [Note: Current Transportation Element language appears below in plain text,the petitioner's proposed amendments are shown in strike-through/underline format.] Proposed Transportation Element Text Amendment: [page 13] OBJECTIVE 3: The County shall provide for the protection and acquisition of existing and future right-of-ways. [Note: No revisions to Policies 3.1 through 3.4 are proposed.] Policy 3.5 Within one year of the effective date of this amendment, the County shall prepare and adopt a Thoroughfare Corridor Protection Plan (TCPP) ordinance and land development regulations that: 1. identifies, in detail, corridors necessary to develop the County roadway network shown on the County's Long Range Transportation Plan, and 2. adopt, Corridor Preservation Maps, Corridor Preservation Tables, Critical Intersection Maps and Critical Intersection Tables; and 3. limit the uses of land within the required corridor; and 4. provide for an annual update of all necessary maps and tables; and EAC Meeting of March 7,2007 Page 2 of 4 CPSP-2005-15 5. provide for an approval process by the Board of County Commissioners for new or expanded corridors and intersections; and 6. provide a process for advanced reservation, donation, dedication or any other means of conveyance by an affected property owner to the County for land included within protected areas. For the purposes of this Policy, protected thoroughfares shall include: t the required corridors on either side of the center line of an existing or planned roadway; or 2. required corridors for roadway or alternative transportation networks for which no centerline has been established; or 3. corridors for future roadways or alternative transportation networks which have been identified through corridor studies; or 4. protected areas at critical intersections including but not limited to proposed grade separated intersections. All of the above must be consistent with the currently adopted Lona Range Transportation Plan and Chapter 336.02 of the Florida Statues. Policy 3.6 In the event of any type of right-of-way acquisition or reservation for all purposes included for the construction of transportation facilities by any federal, state, or local transportation department, authority, or agency, the requirements for buffering, native vegetation retention, preserve, setback and open space and/or any other requirements set forth in the Growth Management Plan or Land Development Code that would be affected by such right-of-way acquisition or reservation may be reduced, modified or eliminated as a result of the acquisition or protection activities. Such reductions, modifications or eliminations shall be approved by the Board of County Commissioners. Any modifications or reductions that conflict with any other requirements of the Growth Management Plan must be brought to the Board of County Commissioners for interpretation and approval. This proposed Growth Management Plan Amendment does not involve adopting the Thoroughfare Corridor Protection Plan, a Transportation Corridor Preservation Map, Corridor Preservation Tables, Critical Intersection Tables or Ordinances,themselves. This GMPA does however, establish the means for preparing,adopting and updating these items consistent with Florida Statutes, as separate documents at later dates. IV. GROWTH MANAGEMENT PLAN CONSISTENCY: Transportation Element: The Transportation Element goal to "plan for, develop and operate a safe,efficient, and cost effective transportation system that provides for both the motorized and non-motorized movement of people and goods throughout the County"is followed by the working objective to "provide for the protection and acquisition of existing and future rights-of-way". Policy 3.1 indicates that the County has "implemented [and maintains] an advanced Right- of-Way Preservation and Acquisition Program". The proposed amendments for additional EAC Meeting of March 7,2007 Page 3 of 4 CPSP-2005-15 further these efforts byidentifying the corridors Policies in the Transportation Element �g IIS p where rights-of-way and roadways will eventually be located,in accordance with a Thoroughfare Corridor Protection Plan (TCPP). V. MAJOR ISSUES: The Comprehensive Planning staff has no major issues concerning CPSP-2005-15. VI. LEGAL CONSIDERATIONS: This Staff Report has been reviewed and approved by the County Attorney's Office. VII. RECOMMENDATIONS: Staff recommends approval of CPSP-2005-15. EAC Meeting of March 7,2007 PREPARED BY: AD / I .b ilt1 I 1• fill 1S CORBY SC IDT,PRINCIPAL PLANNER DATE REVIEWED I Y: -- C . LAI--A----- 7--- 20 -c0 7 DAVID C.WEEKS,AICP DA FE, COMPREHENS ' NNING DEPARTMENT,PLANNING MANAGER /'/' t, . RANDALL COHEN,AICP DATE COMPREHENSIVE PLANNING DEPARTMENT,DIRECTOR i _ f IAM D.LO Z,Jr., .E. DATE ENVIRONMENTAL SERVICES DEPARTMENT, DIRECTOR Ah. / _ _ -I. 2 - Zo -v7- MARJ 0' E M. STU 11 ENT-STIRLI G DATE OFFICE OF THE COLLIER COUNTY ATTORNEY ASSISTANT COUNTY ATTORNEY APPROVED BY: J•.EPH K. SCHMITT iAT (IMMUNITY DEVELOPMENT&ENVIRONMENTAL SERVICES ADMINISTRATOR Petition No.: CPSP-2005-15 C:SUSAN MURRAY,AICP,ZONING AND LAND DEVELOPMENT REVIEW DEPARTMENT DIRECTOR APPLICATION FOR A REQUEST TO AMEND THE COLLIER COUNTY GROWTH MANAGEMENT PLAN oo 5- DATE RECEIVED 1a -15-- OG PETITION NUMBER G1)5�° a !5 PRE-APPLICATION CONFERENCE DATE DATE SUFFICIENT C 01n PLANNER ASSIGNED: a. 5 .m idi } t'1 IAai )211 Piavtner COMMISSION DISTRICT: [ABOVE TO BE COMPLETED BY STAFF] This application, with all required supplemental data and information, must be completed and accompanied by the appropriate fee, and returned to the Comprehensive Planning Section, 2800 North Horseshoe Drive, Naples, Florida 34104. Phone: (941)403-2300; Fax: (941)643- 6869. The application must be reviewed by staff for sufficiency within 30 calendar days following the filing deadline before it will be processed and advertised for public hearing. The applicant will be notified, in writing, of the sufficiency determination. If insufficient, the applicant will have 30 .-. days to remedy the deficiencies. For additional information on the processing of the application, see Resolution 97-431 (attached). If you have any questions, please contact the Comprehensive Planning Section at 941-403-2300. SUBMISSION REQUIREMENTS I. GENERAL INFORMATION A. Name of Applicant(s) Ck.1ter C00411 t itt.VISpActA (nl Company Cok,�b eCOVA1 Mailing Address ��J p�C -'c•� t612(JJQ City R -to S State-FL Zip Code3+(r)(4- Phone Numb 1). Fax Fax Numb@_39 74' B. Name of Agent* CCS Saw Uak. iirEe.Jr,_ PERSON CONTACT FOR ALL BUSINESS RELATED TO THE PETITION. Company/Firm C01ILAY C'Ly1 vaviS(�bY �1 l lkc c'tAc e. Mailing Address c).-Z(Fj L� CSE'S�4 e UY lV� City C\04.-c. State 1 L. Zip Code3YOLf 1 02/2002 Phone Numb(- 1, 114" $(9,c)- Fax Numbe j11'c -6:114M Email Address Cod A4kt.Ci¢,_ � ( q i lot-lot- 1ak.(Ik. C. Name of Owner(s)of Record `` A- Mailing Address City State Zip Code Phone Number Fax Number D. Name,Address and Qualifications of additional planners, architects, engineers, environmental consultants and other professionals providing information contained in this application. oin Sc-,=k+ lt•e-4xo-C Plavgie. A1CP, DISCLOSURE OF INTEREST INFORMATION: A. If the property is owned fee simple by an INDIVIDUAL,tenancy by the entirety, tenancy in common, or joint tenancy, list all parties with an ownership interest as well as the percentage of such interest. (Use additional sheets if necessary). Name and Address (� Percentage of Ownership 1� B. If the property is owned by a CORPORATION, list the officers and stockholders and the percentage of stock owned by each, and provide one copy of the Articles of Incorporation, or other documentation,to verify the signer of this petition has the authority to do so. Name and Address, andffice Percentage of Stock A\A C. If the property is in the name of a TRUSTEE, list the beneficiaries of the trust with the percentage of interest. Name and Address Percentage of Interest 2 02/2002 D. If the property is in the name of a GENERAL or LIMITED PARTNERSHIP, list the name of the general and/or limited partners. Name and Address Percentage of Ownership K E. If there is a CONTRACT FOR PURCHASE,with an individual or individuals, a Corporation, Trustee, or a Partnership, list the names of the contact purchasers below, including the officers, stockholders, beneficiaries, or partners, and provide one copy of the executed contract. Name and Address Percentage of Ownership liki F. If any contingency clause or contract terms involve additional parties, list all individuals or officers, if a corporation, partnership or trust. Name and Address Y` 0- G. Date subject property acquired ( ) leased ( ): Terms of lease yrs/mos. kA_ If Petitioner has option to buy, indicate date of option: and date option terminates: , or anticipated closing date . H. NOTE: Should any changes of ownership or changes in contracts for purchase occur subsequent to the date of application, but prior to the date of the final public hearing, it is the responsibility of the applicant, or agent on his behalf,to submit a supplemental disclosure of interest form. A- . 3 02/2002 • III. DESCRIPTOIN OF PROPERTY A. Legal Description n B. Section: Township: Range: C. Tax I.D. Number(Folio#) D. General Location E. Planning Community F. TAZ G. Size in Acres H. Zoning I. Present Future Land Use Map Designation (s) IV. TYPE OF REQUEST A. Growth Management Plan Element(s) OR Sub-Element(s)to be amended: Future Land Use Golden Gate Area Master Plan Immokalee Area Master Plan Capital Improvement �- Transportation Housing Coastal &Conservation Recreation & Open Space Intergovernmental Coord. Potable Water Sanitary Sewer Solid Waste Drainage Natural Groundwater Aquifer B. Amend Page(s) ( 3 of the rt'racASt k. Element As Follows: ( Use Cress oughs to identify langudggto be deleted; Use Underline to identify language to be add d). Attach ackditional pages if necessary: 5,e-e aN A ofvecna erAs C. Amend Future Land Use Map(s)designation, FROM: 1/LIA District, Subdistrict TO: District, Subdistrict [If new District and/or Sub-district proposed, include Future Land Use Map with legend depicting it]. D. Amend other Map(s) and Exhibits as follows: (Name & Page#) 4 02/2002 n IV E. Describe additional changes requested: N V. REQUIRED INFORMATION Note: All Aerials must be at a scale of no smaller than 1" =400'. At least one copy reduced to 8 1/2 x 11 shall be provided of all aerials and/or maps. A. LAND USE 1. Provide general location map showing surrounding developments (PUD, DRI'S, existing zoning)with subject property outlined. 2. Provide most recent aerial of site showing subject boundaries, 1� source, and date. 3. Provide a map and summary table of existing land use and zoning within a radius of 500 feet from boundaries of subject property. B. FUTURE LAND USE DESIGNATION 1. Provide map of existing Future Land Use Designation(s)of subject 'Akproperty and adjacent lands,with acreage totals for each land use , designation on the subject property. C. ENVIRONMENTAL 1. Provide most recent aerial and summary table of acreage of native habitats and soils occurring on site. HABITAT IDENTIFICATION MUST BE CONSISTENT WITH THE FDOT-FLORIDA LAND USE, COVER AND FORMS CLASSIFICATION SYSTEMM (FLUCCS CODE). NOTE: THIS MAY BE INDICATED ON SAME AERIAL AS t \A- THE LAND USE AEIRAL IN "A"ABOVE. 2. Provide a summary table of Federal (US Fish&Wildlife Service) and State(Florida Fish and Wildlife Conservation Commission) listed plant and animal species known to occur on the site and/or known to inhabit biological communities similar to the site(e.g. panther or black bear range, avian rookery, bird migratory route, etc.). 3. Identify historic and/or archaeological sites on the subject property. Provide copy of County's Historical/Archaeological Probability Map and correspondence from Florida Department of State. D. GROWTH MANAGMENT Reference 9J-11.006, F.A.C. and Collier County's Capital Improvement Element Policy 1.1.2 (Copies attached). INSERT"Y" FOR YES OR"N" FOR NO IN RESPONSE TO THE FOLLOWING: 1. Is the proposed amendment located in an Area of Critical State Concern? (Reference 9J-11.006(1)(a)7.a, F.A.C.) If so, identify � area located in ACSC. IA 2. Is the proposed amendment directly related to a proposed Development of Regional Impact pursuant to Chapter 380, F.S.? 3. Is the proposed amendment directly related tot a proposed Small 5 02/2002 Scale Development Activity pursuant to Subsection 163.3187(1)(c), F.S.? (Reference 9J-11.006(1)(a)7.b, F.A.C.) 4. Does the proposed amendment create a significant impact in population which is defined as a potential increase in County -wide population by more than 5%of population projections? (Reference Capital Improvement Element Policy 1.1.2). If yes, indicate mitigation measures being proposed in conjunction with the proposed amendment. 5. Does the proposed land use cause an increase in density and/or intensity to the uses permitted in a specific land use designation and district/subdistrict identified (commercial, industrial, etc.), or is the proposed land use a new land use designation or district/subdistrict? (Reference Rule 9J-5.006(5) F.A.C.). If so, provide data and analysis to support the suitability of land for the proposed use, and compatibility of use with surrounding land uses, and as it concerns protection of environmentally sensitive land, ground water and natural resources. (Reference Rule 9J-1.007, F.A.C.). E. PUBLIC FACILITIES 1. Provide the existing adopted Level of Service Standard (LOS, and document the impact the proposed change will have on that Standard,for each of the following public facilities: a) Potable Water b) Sanitary Sewer c) Arterial &Collector Roads: Name of specific road and LOS d) Drainage e) Solid Waste f) Parks: Community and Regional If the proposed amendment involves an increase in residential density, or an increase in intensity for commercial and/or industrial development that would cause the LOS for public facilities to fall below the adopted LOS, indicate mitigation measures being proposed in conjunction with the proposed amendment. (Reference Capital Improvement Element Policy 1.1.2 and 1.1.5). 2. Provide a map showing the location of existing services and public facilities that will serve the subject property(i.e. water, sewer,fire protection, police protection, schools and emergency medical services). 4. Document proposed services and public facilities, identify provider, and describe the effect the proposed change will have on schools, fire protection and emergency medical services. 6 02/2002 F. OTHER Identify the following areas relating to the subject property: 1. Flood zone based on Flood Insurance Rate Map data (FIRM). 2. Location of wellfields and cones of influence, if applicable. (Identified on Collier County Zoning Maps). k3. Traffic Congestion Boundary, if applicable it 1 4. Coastal Management Boundary, if applicable 5. High Noise Contours (65 LDN or higher)surrounding the Naples Airport, if applicable (Identified on Collier County Zoning Maps). G. SUPPLEMENTAL INFORMATION 1. $16,700.00 non-refundable filing fee, made payable to the Board of County Commissioners, due at time of submittal. 2. $9,000.00 non-refundable filing fee for a Small Scale Amendment, made payable to the Board of County Commissioners, due at time of submittal. 3. Plus Legal Advertisement Costs (Your portion determined by number of petitions and divided accordingly) 4. Proof of ownership (Copy of deed). 5. Notarized Letter of Authorization if Agent is not the Owner(see attached form). 6. I/ 1 Original and 5 complete, signed applications with all attachments, including maps, at time of submittal. After sufficiency is completed, 15 copies of the complete application will be required. Additional copies may be required. * Maps, aerials, sketches shall include: North arrow; name and location of principal roadways; shall be at scale of 1" =400' or at a scale as determined during the pre-application meeting; identification of the subject site; legend or key, if applicable. All oversized documents and attachments must be folded so as to fit into a legal-size folder. For all oversized exhibits, at least one copy must be submitted at 8-1/2 x 11 inches. All exhibits and attachments to the petition must include a title and exhibit#or letter, and must be referenced in the petition. 7 02/2002 MEMORANDUM From: Collier County Transportation Services Division Nick Casalanguida,Planning Manager Subject: Proposed amendments to the Transportation Element of the Collier County Growth Management Plan. Comments: Attached is a copy of the proposed amendments to the Transportation Element of GMP;Add new Policies 3.5;3.6;3.7 and 3.8 under Objective#3. Existing: E. GOALS, OBJECTIVES AND POLICIES GOAL 1: TO PLAN FOR, DEVELOP AND OPERATE A SAFE, EFFICIENT, AND COST EFFECTIVE TRANSPORTATION SYSTEM THAT PROVIDES FOR BOTH THE MOTORIZED AND NON-MOTORIZED MOVEMENT OF PEOPLE AND GOODS THROUGHOUT COLLIER COUNTY. OBJECTIVE 3: The County shall provide for the protection and acquisition of existing and future right-of-ways. Policy 3.1: The County has implemented an advanced Right-of-Way Preservation and Acquisition Program. (III) Policy 3.2: The County includes in its annual Capital Improvement Element funding specifically earmarked for use in an advanced Right-of-Way Acquisition Program. Studies shall be conducted periodically to identify the long range right-of way needs of the transportation system based on buildout. Following their, completion, the Transportation Administrator will present a program of funding in actions to protect and acquire needed right-of-way. (11)(111) Policy 3.3: The County shall acquire sufficient amount of right-of-way to facilitate no less than a cross section of(6)traffic lanes, appropriate turn lanes, medians, bicycle and pedestrian features, drainage canals, and shoulder sufficient for pull offs and landscaping areas. Exceptions to the right-of-way standard may be considered when it can be demonstrated, through a traffic capacity analysis, that the maximum number of lanes at build-out will be less than the standard. (Il)=Plan Amendment by Ordinance No.2002-60 on November 19,2002 (III) Policy 3.4: Collier County shall acquire rights-of-way for transportation improvements in fee simple, unless otherwise determined appropriate by the BCC based upon recommendation of the Transportation Administrator. Proposed Transportation Element Text Amendment: [page 13] OBJECTIVE 3: The County shall provide for the protection and acquisition and future right-of-ways. [Note: No revisions to Policies 3.1 through 3.4 are proposed.] Policy 3.5 Within one year of the effective date of this amendment, the County shall prepare and adopt a Thoroughfare Corridor Protection Plan (TCPP) ordinance and land development regulations that: 1. identifies, in detail, corridors necessary to develop the County roadway network shown on the County's Long Range Transportation Plan, and 2. adopt, Corridor Preservation Maps, Corridor Preservation Tables, Critical Intersection Maps and Critical Intersection Tables; and 3. limit the uses of land within the reauired corridor; and 4. provide for an annual update of all necessary maps and tables; and 5. provide for an approval process by the Board of County Commissioners for new or expanded corridors and intersections; and 6. provide a process for advanced reservation, donation, dedication or any other means of conveyance by an affected property owner to the County for land included within protected areas. For the purposes of this Policy, protected thoroughfares shall include: 1. the required corridors on either side of the center line of an existing or planned roadway; or 2. required corridors for roadway or alternative transportation networks for which no centerline has been established; or 3. corridors for future roadways or alternative transportation networks which have been identified through corridor studies; or 4. protected areas at critical intersections including but not limited to proposed grade separated intersections. All of the above must be consistent with the currently adopted Lona Range Transportation Plan and Chapter 336.02 of the Florida Statues. Policy 3.6 In the event of any type of right-of-way acquisition or reservation for all purposes included for the construction of transportation facilities by any federal, state, or local transportation department, authority, or agency, the requirements for buffering, native vegetation retention, preserve, setback and open space and/or any other requirements set forth in the Growth Management Plan or Land Development Code that would be affected by such right-of-way acquisition or reservation may be reduced, modified or eliminated as a result of the acquisition or protection activities. Such reductions, modifications or eliminations shall be approved by the Board of County Commissioners. Any modifications or reductions that conflict with any other requirements of the Growth Management Plan must be brought to the Board of County Commissioners for interpretation and approval. Item VIC'j ENVIRONMENTAL ADVISORY COUNCIL STAFF REPORT MEETING OF MARCH 7, 2007 I. NAME OF PETITIONER/PROJECT: Petition No.: CP-2005-12 Petition Name: NORTH BELLE MEADE SPECIAL USE AREA SUBDISTRICT Applicant/Developer: Francis D. and Mary Pat Hussey,Jr. Naples, Florida Engineering Consultant (Materials) and Environmental Consultant (Wetlands): Brown Collins Synecological Analysts, Inc. Naples, Florida Environmental Consultant (Species): Roy S. DeLotelle,M.S. DeLotelle& Guthrie, Inc. Maureen S. Bonness Naples, Florida Environmental Consultant (General): Jeremy C. Sterk Hoover Planning&Development, Inc. Naples, Florida II. LOCATION: The subject property contains 950 acres more or less and is located approximately four miles east of Collier Boulevard (CR 951), lying north of I-75. The property lies within the Royal Fakapalm Planning Community in Sections 29, 31 and 32,Township 49 South,Range 27 East, Collier County, Florida. The subject property is commonly known as the HHH Ranch. EAC Meeting of March 7,2007 Page 2 of 20 CP-2005-12 III. DESCRIPTIONS OF SURROUNDING PROPERTIES: ZONING: DESCRIPTION: PLANNING DESIGNATION: N- ZONING: A,Rural Agricultural-MHO,Mobile Home Overlay District- RFMUO,Rural Fringe Mixed Use Overlay District-NBMO,North Belle Meade Overlay District DESCRIPTION: Undeveloped,Vacant&Residential Land Uses PLANNING DESIGNATION:' Agricultural/Rural Designation,Rural Fringe Mixed Use District, Sending Lands,and, North Belle Meade Overlay S - ZONING: A, Rural Agricultural-RFMUO,Rural Fringe Mixed Use Overlay District-NBMO,North Belle Meade Overlay District—NRPAO,Natural Resource Protection Area Overlay DESCRIPTION: Blackburn Road, the north-side frontage road along I-75; I-75 roadway;then undeveloped&vacant lands PLANNING DESIGNATION: Agricultural/Rural Designation,Rural Fringe Mixed Use District, Sending Lands;Belle Meade Natural Resource Protection Area (NRPA),beyond E - ZONING: A,Rural Agricultural-RFMUO,Rural Fringe Mixed Use Overlay District-NBMO,North Belle Meade Overlay District DESCRIPTION: Undeveloped&Vacant Lands PLANNING DESIGNATION: Agricultural/Rural Designation,Rural Fringe Mixed Use District, Receiving Lands,part, and North Belle Meade Overlay;Rural Fringe Mixed Use District, Sending Lands,part,and North Belle Meade Overlay;North Belle Meade NRPA,beyond W- ZONING: A,Rural Agricultural-MHO, Mobile Home Overlay District- RFMUO,Rural Fringe Mixed Use Overlay District DESCRIPTION:Agricultural, Residential and Undeveloped Vacant Land Uses;The stub ends of Markley Avenue and Washburn Road meet the subject property,while Inez Road appears to run along a segment of its westerly boundary PLANNING DESIGNATION: Agricultural/Rural Designation,Rural Fringe Mixed Use District, Sending Lands,and North Belle Meade Overlay EAC Meeting of March 7,2007 Page 3 of 20 CP-2005-12 IV. PROJECT DESCRIPTION: This petition seeks to amend the Future Land Use Element (FLUE) and Future Land Use Map of the Collier County Growth Management Plan to [change the Rural Fringe Mixed Use District designation in order to] establish the North Belle Meade Special Use Subdistrict where earth mining, asphalt and concrete batch plants and their related activities, oil extraction and related processing could be conducted or operated in Rural Fringe Mixed Use District, Sending Lands,plus allowing other land uses permitted by right, other conditional uses, and other rights permitted on lands designated as Sending Lands, all as permitted uses. The proposed text change adds new Subdistrict language in the Rural Fringe Mixed Use District, [showing the petitioner's proposed amendments in strike-through/underline format,while current Growth Management Plan language appears in plain text] as follows: (part 1 of 3) [page 69] II. Agricultural/Rural Designation B. Rural Fringe Mixed Use District 4. North Belle Meade Special Use Area Subdistrict The North Belle Meade Special Use Area Subdistrict comprises approximately 950+ acres located in Sections 29, 31 and 32, Township 49, Range 27 East. The North Belle Meade Special Use Area represents a transitional area located between lands designated sending and those designated Natural Resource Protection Area (NRPA) on the Future Land Use Map. The North Belle Meade Special Use Area does contain environmentally sensitive lands: however, historic development and drainage due to development of Golden Gate Estates and 1-75 have lessened the environmental sensitivity of these lands. The North Belle Meade Special Use Area contains significant deposits of hard limestone, which provides source material for road construction and building materials. The intent of the North Belle Meade Special Use Area is to permit all uses permitted and conditional and rights permitted on lands designated as sending lands, as well as earth mining, oil extraction and related processing, asphalt and concrete batch-making plants, and related uses as permitted uses. A minimum of 40% of the native vegetation present on-site shall be retained in accordance with Policy 6.1.2 of the Conservation and Coastal Management Element. 4-5. Exemptions from the Rural Fringe Mixed Use District Development Standards EAC Meeting of March 7,2007 Page 4 of 20 CP-2005-12 The proposed text amendment revises acreage figures for the North Belle Meade Overlay, as follows: (part 2 of 3) [page 75] B. North Belle Meade Overlay 1. In General The North Belle Meade area is surrounded by Golden Gate Estates to the north, east, and west and 1-75 to the south. This area, designated as the North Belle Meade Overlay, comprises±4±22.5 sections of land (±15,552 ± 14.602 acres, depending on the size of individual sections) and is depicted on the Future Land Use Map and North Belle Meade Overlay Map. The...[unchanged to end of entry.] This petition also seeks to amend the GMP's Conservation and Coastal Management Element (CCME) to reduce the amount of native vegetation retained specifically for land inside the North Belle Meade Special Use Area Subdistrict. (part 3 of 3) [page 17] [CCME] 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: Preservation and Native Vegetation Retention Standards: a. Receiving Lands: A minimum of 40% of the native vegetation present, not to exceed 25% of the total site area shall be preserved. b. Neutral Lands: 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 area, shall be preserved. c. Non-NRPA Sending Lands: Calculated at the higher value of 80% of the native vegetation present, or as may otherwise be permitted under the Density Rating provisions of the FLUE; d. NRPA Sending Lands: Calculated at the higher value of 90% of the native vegetation present, or as may otherwise be permitted under the Density Blending provisions of the FLUE. e. Provisions a. through d. above shall also be consistent with the wetland protection policies set forth under CCME Objective 6.2. EAC Meeting of March 7,2007 Page 5 of 20 CP-2005-12 f. In order to ensure reasonable use and to protect the private property rights of owners of smaller parcels of land within lands designated Rural Fringe Mixed Use District on the Future Land Use Map, including nonconforming lots of record which existed on or before June 22, 1999, for lots, parcels or fractional units of land or water equal to or less than five (5) acres in size, native vegetation clearing shall be allowed, at 20% or 25,000 square feet of the lot or parcel or fractional unit, whichever is greater, exclusive of any clearing necessary to provide for a 15-foot wide access drive up to 660 feet in length. For lots and parcels greater than 5 acres but less than 10 acres, up to 20% of the parcel may be cleared. This allowance shall not be considered a maximum clearing allowance where other provisions of this Plan allow for greater clearing amounts. These clearing limitations shall not prohibit the clearing of brush or under-story vegetation within 200 feet of structures in order to minimize wildfire fuel sources. g. Within Receiving and Neutral lands where schools and other public facilities are collocated on a site, the native vegetation retention requirement shall be 30% of the native vegetation present, not to exceed 25% of the site. h. North Belle Meade Special Use Area Subdistrict: A minimum of 40% of the native vegetation present. V. GROWTH MANAGEMENT PLAN CONSISTENCY: Future Land Use Element: CP-2005-12 seeks to combine new site-specific Subdistrict planning provisions with select provisions of the Rural Fringe Mixed Use District,particularly those pertaining to Sending Lands. This combination would reintroduce certain now-prohibited land uses as they were permitted before Collier County adopted the Rural Fringe Mixed Use District,District— including mining operations for extracting earth materials. Of particular interest is that part of the proposed amendment language which would allow all Sending Lands uses— whether previously allowed either as permitted uses by right or by conditional use— as permitted uses in the new Subdistrict. Of similar interest is the part of the proposal which adds earth mining and related uses —as permitted uses. This arrangement is a significant departure from present planning provisions. Though not presently allowed in Sending Lands, these uses require conditional use approval where they are allowed (e.g. RFMU Receiving Lands). [Emphasis added.] Whether the subject property remains eligible to participate in the Transfer of Development Rights (TDR) program, should be considered. Both earth mining as a conditional use and subsequent residential development (at 1.d.u./5 ac.)when mining ceased would have been allowed before Rural Fringe Mixed Use provisions were adopted. The Rural Fringe Mixed Use District,now allows the transfer of that residential density thru the TDR program,but no longer allows the earth mining. If left undeveloped, a maximum of 190 Base Severance TDR Credits could be derived from the 950 ace subject property,plus another 190 Early Entry TDR Bonus Credits. Then,up to 190 Environmental Restoration and Maintenance TDR Bonus Credits could be generated by applying a Restoration and Management Plan (RMP) to the property. Finally,up to 190 EAC Meeting of March 7,2007 Page 6 of 20 CP-2005-12 Conveyance TDR Bonus Credits could be generated by conveying land to a federal, state or local governmental agency. These TDR credits would be available to transfer to Rural Fringe Mixed Use District, Receiving Lands or lands within the Urban Designated planning area according to the County's Density Rating System. Current Rural Fringe Mixed Use, Sending Lands provisions limit permitted uses to those most conducive to the degree of environmental value and sensitivity for significant wetlands, uplands, and habitat for listed species: • Agricultural land uses consistent with Florida's Right to Farm Act • Detached single-family residences at a one per forty-acre density • Habitat preservation and conservation areas • Passive parks and recreational uses • Sporting and recreational camps • Essential services necessary to ensure public safety, and to serve the other permitted uses • Oil and gas exploration. Conditional Uses which may be approved in Rural Fringe Mixed Use District, Sending Lands include: • Other public facilities and essential services not permitted by right • Commercial uses accessory to permitted uses • Oil and gas field development and production Conditional land uses must be planned with adequate protection of wetlands,listed species and their habitat. Rural Fringe Mixed Use District, Sending Lands provisions further limit permitted uses where residential density is transferred away according to the TDR program to: • Agricultural land uses consistent with Florida's Right to Farm Act • Detached single-family residences at a one per forty-acre density (for portions not participating in TDR program) • Habitat preservation and conservation areas • Passive parks and recreational uses • Essential services necessary to ensure public safety, and to serve the other permitted uses • Oil extraction, and related processing, excluding earth mining CP-2005-12 seeks to remove the 950 acre Subdistrict area from the North Belle Meade Overlay, as reflected by the proposed revisions to the In General section,repeated below: B. North Belle Meade Overlay 1. In General The North Belle Meade area is surrounded by Golden Gate Estates to the north, east, and west and 1-75 to the south. This area, designated as the North Belle Meade Overlay, comprises±24±22.5 sections of land (±15,552 ± 14,602 acres, depending on the size of individual sections) and is depicted on the Future Land Use Map and North Belle Meade Overlay Map. The...[unchanged to end of entry.] EAC Meeting of March 7,2007 Page 7 of 20 CP-2005-12 If approved, this revision would be a clear matter of inconsistency. Staff finds that other subsections of the North Belle Meade Overlay will require similar acreage adjustments,if the In General section is amended. Subsection 4, Sending Areas,includes acreage figures, stating"[w]ithin the NBM Overlay are ± 4,598 acres of land that are identified as Sending Areas...". These NBM Overlay"Sending Areas" are generally coterminous with RFMU District"Sending Lands". Removing acreage from the NBM Overlay would effectively remove the subject property from RFMU District—including the rights and privileges associated with Sending Lands. Given the construction of the Rural Fringe Mixed Use District and the North Belle Meade Overlay components of the FLUE, staff believes it is unnecessary to revise these acreage figures. Staff also believes that the unintended consequence of severing the subject property's connection to Sending Lands provisions was not anticipated. Conservation & Coastal Management Element: CP-2005-12 seeks to reduce the amount of native vegetation retained and preserved on the 950 acre property from 80% to 40%. VI. MAJOR ISSUES: Natural Resources: The Environmental Analysis of Alternatives to Rock Mining in Collier County submitted by Synecological Analysts, Inc. with this petition is dated November 2004—is subtitled, Analysis of the Practicability of Non-Lee County Alternative Sources to Supply the Area's Demand for Basic Construction Materials (see application packet Exhibit V.D.5,part). The analysis reports that, "[t]here are only a few locations in the State with geological formations that produce coarse crushed stone that meets FDOT specifications. The availability of Florida's limestone deposits is diminished by urbanization, environmental restrictions,and public opposition to mining. All available deposits in Florida are presently being mined. From the standpoint of quality and yield per acre, Collier County is the most productive mining area locally. Alternative locations in the State could not economically replace Collier County production". The Analysis points out that, "[a]t this time,we know of no practicable technological alternatives to Collier County rock, and none have been suggested" and draws a lengthy conclusion. Their summarizing comments say that, "[p]remature curtailment of Collier mining would cause extreme disruption of southwest Florida's construction industry and would vastly increase the cost of essential public and private infrastructure". In their Limerock Mining Resources in Collier County (see application packet Exhibit V.D.5, part), the petitioner provides an overview of `what- scenarios for sources and availability of these materials. Application materials include a map series illustrating the distribution of mines and mine-able materials,planning and zoning constraints, and other supporting data. Environmental: EAC Meeting of March 7,2007 Page 8 of 20 CP-2005-12 In their Mining Fact Sheet (see application packet Exhibit V.D.5,part), the petitioner lists the"positive effects of mining without development" as opportunities to: -Ensure sufficient water supply for future generations -Restore hydrology - Create aquifer recharge areas - Can reestablish historic natural sheet flow -Protect land from development -Create conservation lands,and - Create habitat and food sources for all species This Fact Sheet provides an overview of the supply and demand story for these materials. Application materials include a map series illustrating the distribution of mines and mine- able materials,planning and zoning constraints, and other supporting data (see application packet Exhibit V.D.5, following fact sheets). Listed Species: The Protected Species Survey (PSS) submitted by Hoover Planning and Development, Inc. with this petition is dated May 2006 (see application packet Exhibit V.C.1),representing field time logged from May 2004 to present. Particular attention was given to the presence or absence of wading birds,gopher tortoise,red cockaded woodpeckers,and Big Cypress fox squirrels. Species observed on the subject property included:Little Blue Heron, Snowy Egret,White Ibis and Wood Stork, among wading birds;Red-Cockaded Woodpecker and American Kestrel among other birds;Big Cypress fox squirrels and Florida Black Bear (not directly observed) among mammals; Gopher Tortoise among reptiles; Common Wild Pine and Butterfly Orchids among plants. Listed Species were observed utilizing the subject property, as follows: Red-Cockaded Woodpecker cavity trees and foraging habitat,with additional data collected on nesting activity and fledging;Gopher tortoise in an upland area;and,listed wading birds in the deeper wetlands. FLUCCS communities identified on the site are: -Approx. 53 acres of Hydric Unimproved Pasture -Approx. 54 acres of Saw Palmetto -Approx. 169 acres of Pine Flatwoods -Approx. 25 acres of Pine Flatwoods with Cabbage Palm -Approx. 45 acres of Dead Pines with Cabbage Palm -Approx. 10 acres of Pop Ash&Willow Slough -Approx. 12 acres of Hydric Melaleuca -Approx. 144 acres of Cypress -Approx. 88 acres of Cypress/Unimproved Pasture -Approx. 19 acres of Brazilian Pepper Invaded Cypress -Approx. 2 acres of Cypress with Cabbage Palm -Approx. 301 acres of Pine-Cypress-Cabbage Palm EAC Meeting of March 7,2007 Page 9 of 20 CP-2005-12 -Approx. 13 acres of Melaleuca Invaded Pine-Cypress-Cabbage Palm -Approx. 1 acre of Freshwater Marsh -Approx. 1 acre of Mixed Wetland Forest -Approx. 4 acres of Disturbed Lands -Approx. 6 acres of Hydric Disturbed Lands (Fence Lines) These community acreage totals indicate only the quantity or distribution of habitat—and may not be indicative of the quality, or value,of certain habitat. Environmental Services Department staff conducted an exhaustive review of the PSS (Exhibit V.C.1) along with its associated map set, the EIS (Exhibit V.C.2,part), the Wildlife and Habitat Management Plan, and the Animal Response (to mining activities) Considerations report (Exhibit V.C.2,part),provided by the petitioners, and commented on the most relevant aspects, as follows: The parcels included in this petition link the western North Belle Meade Sending lands with the eastern North Belle Meade Natural Resource Protection Area (NRPA) Sending lands. The site represents approximately 9% of the North Belle Meade Sending Lands (NRPA and non-NRPA) and contains the largest undeveloped parcels in them. Rural Fringe Sending Lands were designated as such because of their environmental sensitivity. From the Future Land Use Element (FLUE) of the Growth Management Plan: "Sending Lands are those lands that have the highest degree of environmental value and sensitivity and generally include significant wetlands,uplands, and habitat for listed species. Sending Lands are located entirely within the Rural Fringe Mixed Use District.... Based upon their location, Sending Lands are the principal target for preservation and conservation." Objective 3 of the FLUE states, "Land Development Regulations have been adopted to implement this Growth Management Plan pursuant to Chapter 163.3202, F.S. in order to ensure protection of natural and historic resources,..." In order to implement that,Policy 3.1 states "Land Development Regulations have been adopted into the Land Development Code that contain provisions to implement the Growth Management Plan through the development review process and include the following provisions: b. Protect environmentally sensitive lands and provide for open space.This shall be accomplished in the Rural Fringe Mixed Use District through various Land Use Designations that restrict higher intensity land uses..." CCME Policy 6.2.3(4) "Incompatible land uses are directed away from the Rural Fringe Mixed Use District Sending Lands through an incentive based Transfer of Development Rights Program that allows land owners within these Sending Lands to transfer their residential density out of the Sending Lands to Rural Fringe Mixed Use District Receiving Lands. Incompatible land uses are also directed away from Sending Lands by • EAC Meeting of March 7,2007 Page 10 of 20 CP-2005-12 restricting allowable uses. (Reference FLUE Rural Fringe Mixed Use District.) Finally, allowable uses within these lands are also subject to native vegetation retention and preservation standards of 80% to 90%. (Reference CCME Policy 6.7.1)" Parcels included in this petition contain some of the largest tracts of wetlands remaining in the North Belle Meade which provide foraging habitat to many species of protected wading birds including wood storks. The vital uplands surrounding the wetlands are home to two active red-cockaded woodpecker (RCW) clusters, the last of five left in the North Belle Meade. Many other listed species also utili7e the site including Florida black bear,gopher tortoise,Big Cypress fox squirrel and Florida panther.A total of eleven protected species of plants and animals are known to utili7e the property. Most of the additional uses requested (earth mining, asphalt and concrete batch-making plants,and related uses) are only allowed in Industrial and Rural Agricultural zoned areas throughout Collier County.These are highly intensive uses not suitable for environmentally sensitive areas.Among other concerns, there has not been much research,which staff is aware of, as to the effects of blasting near listed species.Also, Florida slash pine trees,which the red-cockaded woodpeckers depend on for nesting and foraging, are highly sensitive to disturbance. Exhibit IV.B of the petition states "...historic development and drainage due to development of Golden Gate Estates and I-75 have lessened the environmental sensitivity of these lands."According to the EIS provided, the majority of this site is native habitat and the amount of wetlands on site has not been formally determined by the permitting agencies, only the petitioner's consultants. Therefore,without validation by State and Federal permitting agencies, Comprehensive Planning staff point out that the exact impact on wetlands and associated habitat for certain species has not been ascertained with absolute certainty. This project will impact approximately 250 acres of wetlands,if the consultant's evaluation is accurate. The petitioner plans on restoring the site to its natural condition,but two lakes totaling approximately 350 acres will remain which will offer little habitat benefit to the protected species currently utilizing the site. Comprehensive Planning staff adds that the lack of specificity lends itself to a high degree of discomfort when reviewing the totality of the petition and potential deleterious impacts on wetlands, habitat and species of concern. The proposal does not confine the mining use to any specific area or limit its size.The environmental sections of the submittal discuss wildlife benefits but do not identify any specific preserve areas. Reducing the Preservation requirement by half,as the petition proposes,would be closer to the Preservation requirements for Rural Fringe Mixed Use District,Receiving lands which were designated for more intense uses in less environmentally sensitive areas;hence a smaller amount of Preservation was required. r--� The trucks hauling the excavation material [are proposed to] be traveling west through the southern portion of the Sending lands,which will require expansion of existing roadways to accommodate the over 400 trips per day expected for the operation.The increase in traffic of large trucks to the south would most likely adversely impact the RCWs.The north-south • EAC Meeting of March 7,2007 Page 11 of 20 CP-2005-12 traffic of large trucks would also likely reduce the habitat value of the lands to the west of the project that are designated primary habitat by USFWS to panthers. The proposal shows locations of hard rock in Collier County,but the S.R. 846 mine has supposedly found hard rock on their site and this location is not represented on the graphics showing location of hard rock in the county.There could be other sources of hard rock in the county outside of the Rural Fringe Mixed Use District Sending Lands. (Environmental Services) [s]taff recommends denial of this Growth Management Plan Amendment since it is in direct conflict with the creation and purpose of the Sending Lands designation and sections of the Conservation and Coastal Management Element(CCME). Please note that the Environmental Services staff recommendation is based,in part, on the general premise that CCME Policy 1.1.6 specifies an equitable balance based on benefits and cost to public and private sector. There does not appear to be a balance of public and private interests in this proposal. The private interest of the gained use of mining does not seem to be offset by the permanent preservation and management of the un-mined portions of the property and potentially slightly less expensive source limestone for construction activities. This can only be viewed as a minor benefit to the public. It is directly of benefit in construction. This is not the only potential source,but is a practical source. Upon submittal of an updated RCW habitat management plan, the Environmental Services Department staff review added: Although it [management plan] will not be finalized until the time of development order issuance,The following comments for the resubmitted RCW habitat management plan are germane at this time,in consideration of CP-2005-12: E. Mid-story control-This should include County prohibited exotics and the FLEPPC Category 1 list at a minimum. G. Roads-This section should specify that roads shall not go through a cluster and that roads will not be built during nesting season. H. Noise Control (2) No longer prohibits clearing within 400 feet of cavity trees. Otherwise,the plan meets the GMP requirements for consistency with the USFWS South Florida Multi-Species Recovery Plan,May 1999 as required by CCME Policy 7.1.2(2)(e) and also meets the requirements of the latest USFWS Recovery Plan for RCW,Private Lands Guidelines and slightly exceeds them by providing artificial nesting cavities. [End of Environmental Services Department staff review] VII. APPLICABILITY OF CHAPTER 163,FLORIDA STATUTES AND RULE 9J-5, ^ FLORIDA ADMINISTRATIVE CODE: Florida Statutes, Chapter 163.3177(6)(d) recognizes, "[a] conservation element for the conservation,use, and protection of natural resources in an area,including air,water,water • EAC Meeting of March 7,2007 Page 12 of 20 CP-2005-12 recharge areas,wetlands,waterwells, estuarine marshes, soils,beaches,shores, flood plains, rivers,bays,lakes,harbors, forests, fisheries and wildlife,marine habitat,minerals,and other natural and environmental resources. Local governments..." [Emphasis added.] Chapter 163.3177(11)(a) states, "[t]he Legislature recognizes the need for innovative planning and development strategies which will address the anticipated demands of continued urbanization of Florida's coastal and other environmentally sensitive areas, and which will accommodate the development of less populated regions of the state which seek economic development and which have suitable land and water resources to accommodate growth in an environmentally acceptable manner. The Legislature further recognizes the substantial advantages of innovative approaches to development which may better serve to protect environmentally sensitive areas,maintain economic viability of agricultural and other predominantly rural land uses,and to provide for the cost effective delivery of public facilities and services. [Emphasis added.] Chapter 163 is implemented by Florida Administrative Codes,and particularly Rule 9J-5. The administration of Chapter 9J-5 is set forth in Section 9J-5.002, Florida Administrative Code (FAC). Section 9J-5.002(2) pertains to the application of Chapter 9J-5. Section 9J- 5.002(2) acknowledges the varying complexities associated with local governments in Florida. The section enumerates a number of factors to assist local governments when applying the entirety of Chapter 9J-5 to specific situations,while taking into consideration the detail of the data and analyses,and the content of the goals, objectives and policies. In essence, the factors set forth provide local governments with some objective criteria without providing any weight for the factors in arriving at a final conclusion regarding a local government's comprehensive plan or a proposed plan amendment. Instead,Section 9J- 5.002(2)(h) states "[w]hether the provision at issue constitutes substantial progress over existing provisions regarding consistency with and furtherance of Chapter 163,Part II [Florida Statutes] . . . ." Section 9J-5.002(2)(h) might appear to be a subjective balancing litmus test;however, arguably a provision at issue must be supported by adequate data and analysis. The primary factor under consideration in CP-2005-12, the North Belle Meade Special Use Area Subdistrict (Hussey),land use petition,involves natural resources in the Rural Fringe Mixed Use District (RFMUD) Sending Lands. More specifically, Section 9J-5.002(2)(c) requires a local government to evaluate"[t]he existence of natural resource features such as groundwater recharge areas,waterwells,wetlands,wildlife habitat,costal areas,areas subject to coastal flooding,and living marine resources." Section 9J-5.013(1)(a)3 pertains to identifying and analyzing natural resources,where present within the [County],including"known sources of commercially valuable minerals". Subsection (1)(a)5(b) indicates that"the potential for conservation,use or protection" of these natural resources are to be identified. Section 9J-5.013(2) pertains to conservation requirements for these natural resources. Subsection (2)(b)3 indicates that [the County] shall"conserve,appropriately use and protect minerals",and Subsection (2)(c) requires [the County] to address implementation activities for the "conservation, appropriate use and protection of areas suitable for extraction of EAC Meeting of March 7,2007 Page 13 of 20 CP-2005-12 minerals" and for the"restriction of activities known to adversely affect the survival of endangered and threatened wildlife". [Emphasis added.] A thorough evaluation of the appropriate use and protection of the North Belle Meade Special Use Area Subdistrict (Hussey)property for extraction of minerals must consider restricting activities which would adversely affect endangered and threatened species' survival. VIII. LEGAL CONSIDERATIONS: This Staff Report has been reviewed and approved by the County Attorney's Office. IX. SUMMARIZATION AND RECOMMENDATIONS: The petitioner has provided data and analysis in order to conduct the evaluation noted above,and staff review of these materials is reported herein. Staff recommends denial of CP-2005-12 as proposed,based on our consideration of the following factors,restated from above and summarized here: • Unsupportive Factors to Consider: • It is in direct conflict with the creation and purpose of the Sending Lands designation and sections of the Conservation and Coastal Management Element (CCME). • The Subdistrict would reintroduce certain now-prohibited land uses as they were permitted before Collier County adopted the RFMU District while no information establishes justification for allowing all land uses as permitted uses. • Species observed utilizing the subject property [included] red-cockaded woodpecker cavity trees and foraging habitat, ...gopher tortoise in an upland area,and listed wading birds in the deeper wetlands. • Parcels included in this petition contain some of the largest tracts of wetlands remaining in the North Belle Meade which provide foraging habitat to many species of protected wading birds including wood storks.The vital uplands surrounding the wetlands are home to two active red-cockaded woodpecker (RCW) clusters,the last of five left in the North Belle Meade.Many other listed species also utilize the site including Florida black bear,gopher tortoise,Big Cypress fox squirrel and Florida panther.A total of eleven protected species of plants and animals are known to utilise the property. • The increase in traffic of large trucks to the south would most likely adversely impact the RCWs... also likely reduce the habitat value of the lands to the west of the project that are designated primary habitat by USFWS to panthers. EAC Meeting of March 7,2007 Page 14 of 20 CP-2005-12 • Supportive Factors to Consider: • [Petitioners' study of alternatives to mining in Collier County indicates] there are only a few locations in the State with geological formations that produce coarse crushed stone that meets FDOT specifications. • [The same study states] from the standpoint of quality and yield per acre, Collier County is the most productive mining area locally. Alternative locations in the State could not economically replace Collier County production. • At this time,we [the Petitioners] know of no practicable technological alternatives to Collier County rock, and none have been suggested. • Premature curtailment of Collier mining would cause extreme disruption of southwest Florida's construction industry and would vastly increase the cost of essential public and private infrastructure. • CCME Policy 1.1.6 specifies an equitable balance based on benefits and cost to public and private sector. • The"positive effects of mining without development" are opportunities to: -Ensure sufficient water supply for future generations -Restore hydrology - Create aquifer recharge areas -Reestablish historic natural sheet flow -Protect land from development -Create conservation lands, and - Create habitat and food sources for all species • Chapter 163, F.S. ...recognizes the need for innovative planning and development strategies which will address the anticipated demands of continued urbanization of Florida's coastal and other environmentally sensitive areas,protect environmentally sensitive areas... and provide for the cost effective delivery of public facilities and services. • Section 9J-5, F.A.C. ...indicates that [the County] shall conserve, appropriately use and protect minerals,and areas suitable for extraction of minerals, and [restrict] activities known to adversely affect the survival of endangered and threatened wildlife. • The appropriate use and protection of the North Belle Meade Special Use Area Subdistrict property... must consider restricting activities which would adversely affect endangered and threatened species' survival. • Particular attention was given to the presence or absence of wading birds,gopher tortoise, red-cockaded woodpeckers, and Big Cypress fox squirrels. • The RCW habitat management plan should include [mid-story control of] County prohibited exotics,roads [that do] not go through a cluster and [will not] be built during nesting season, and [noise control by prohibiting] clearing within 400 feet of cavity trees. EAC Meeting of March 7,2007 Page 15 of 20 CP-2005-12 • The [RCW habitat management] plan meets requirements for consistency with the... Florida Multi-Species Recovery Plan... and the latest USFWS Recovery Plan for RCW, Private Lands Guidelines and slightly exceeds them. • The exact impact on wetlands and associated habitat for certain species has not been ascertained with absolute certainty. • Sending Lands provisions limit permitted uses to those most conducive to the degree of environmental value and sensitivity for significant wetlands,uplands, and habitat for listed species. • Conditional land uses must be planned with adequate protection of wetlands, listed species and their habitat. Staff also believes however, that a proper balance of appropriate uses could be achieved between an earth mining operation and the sensitive natural areas and habitat it would impose upon, provided with the appropriate set of revisions, stipulations and conditions. If the Environmental Advisory Council chooses to make a recommendation for approval of CP-2005-12, staff recommends that motion be made with the following revisions and stipulations: The revised text amendment [showing the staffs revisions in double strike-through/double underline format], to read as follows: (part 1 of 3) [page 69] II. Agricultural/Rural Designation B. Rural Fringe Mixed Use District 4. North Belle Meade Special Use Area Subdistrict The North Belle Meade Special Use Area Subdistrict comprises approximately 950+ acres located in Sections 29, 31 and 32, Township 49, Range 27 East. The bdi tri t re•resents a Sending Land transitional area located between lands designated sending and those designated Natural Resource Protection Area (NRPA) on the Future Land Use Map. The North Belle Meade Special Use Area does contain environmentally sensitive lands; however, historic Ian• uses and drainase due to develo•ment of Golden Gate Estates and 1-75 may have lessened the environmental sensitivit of these lands. The North Belle Meade Special Use Area contains significant deposits of hard limestone, which provides source material for road construction and building materials. The intcnt purpose of the North Belle Meade Special Use Area ub istri t is to .flow al4 uses •ermitted • ri•ht and b_conditional u e and ri•hts •ermitted on lands designated as sending Llands„as-well-as The Subdistrict also allows earth mining, oil extraction and related processing, asphalt and concrete batch-making plants, and related uses as wed conditional uses. A minimum of 40% of the native vegetation EAC Meeting of March 7,2007 Page 16 of 20 CP-2005-12 present on-site shall be retained in accordance with Policy 6.1.2 of the Conservation and Coastal Management Element. 4-5. Exemptions from the Rural Fringe Mixed Use District Development Standards (part 2 of 3) [page 75] 1144 a - - • - - - - - -- - - -- - --_ - _ = = _ - -_ _ _ _, (part 3 of 3) [page 17] [CCME] 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: Preservation and Native Vegetation Retention Standards: a. Receiving Lands: A minimum of 40% of the native vegetation present, not to exceed 25% of the total site area shall be preserved. b. Neutral Lands: 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 area, shall be preserved. c. Non-NRPA Sending Lands: Calculated at the higher value of 80% of the native vegetation present, or as may otherwise be permitted under the Density Rating provisions of the FLUE; d. NRPA Sending Lands: Calculated at the higher value of 90% of the native vegetation present, or as may otherwise be permitted under the Density Blending provisions of the FLUE. e. Provisions a. through d. above shall also be consistent with the wetland protection policies set forth under CCME Objective 6.2. f. In order to ensure reasonable use and to protect the private property rights of owners of smaller parcels of land within lands designated Rural Fringe Mixed Use District on the Future Land Use Map, including nonconforming lots of record EAC Meeting of March 7,2007 Page 17 of 20 CP-2005-12 which existed on or before June 22, 1999, for lots, parcels or fractional units of land or water equal to or less than five (5) acres in size, native vegetation clearing shall be allowed, at 20% or 25,000 square feet of the lot or parcel or fractional unit, whichever is greater, exclusive of any clearing necessary to provide for a 15-foot wide access drive up to 660 feet in length. For lots and parcels greater than 5 acres but less than 10 acres, up to 20% of the parcel may be cleared. This allowance shall not be considered a maximum clearing allowance where other provisions of this Plan allow for greater clearing amounts. These clearing limitations shall not prohibit the clearing of brush or under-story vegetation within 200 feet of structures in order to minimize wildfire fuel sources. g. Within Receiving and Neutral lands where schools and other public facilities are collocated on a site, the native vegetation retention requirement shall be 30% of the native vegetation present, not to exceed 25% of the site. h. North Belle Meade Special Use Area Subdistrict: A minimum of 40% of the native vegetation present. and an additional 40% shall b- miti•ated off-site according to a mitigation plan approv-d by the Count . and which must e•ual or exceed— both in quantit an. • ali —the ite ar-a wh-re habitat .r nativ- v-•_etation is disturbed and would otherwise be retained or preserved, With the following stipulations: 1. Require off-site mitigation for the percentage of native vegetation not preserved or retained on site, up to the amount required outside the NBM Special Use Area Subdistrict in Sending Lands (80%, non-NRPA). Off-site mitigation is appropriate,if conducted where habitat is as important, or more important. As baseline criteria, the quality,protectability, preservability characteristics of the habitat which will be disturbed or destroyed, must be equaled or exceeded—both in quantity and quality—by the characteristics of the land to be used for off-site mitigation. As an example,if development or operations disturb panther habitat where prey species abound, then mitigation measures should: enhance other known panther habitat; take place on, or adjacent to, quality habitat;introduce flora suitable for target species; enhance localized populations of prey species; and so forth. 2. The optimal extraction and production of hard rock resources is goal. Consider regulatory limitations which inhibit mining operations in some manner— such as providing methods to allow limited and controlled mining of desirable materials that underlie the standard,wide,undisturbed buffer strips lying equidistant from property boundaries where significant wetlands,uplands or habitat for listed species will not be disturbed. 3. Require over-mitigation and over-restoration, and better than a no-net-loss results, with focus on minimizing both short-term and long-term impacts of mining operations. EAC Meeting of March 7,2007 Page 18 of 20 CP-2005-12 4. Introduce innovative operating strategies: Choose and use haul routes carefully; prohibit night hauling [no to or from,empty or loaded, trips before sunrise or after sunset];require additional"shelf' at mine edges preserved for eventual littoral zone when excavations become lakes;provide artificial cavity structures to encourage continued/additional nesting opportunities. 5. Introduce innovative restoration strategies: Require operators to introduce and re- introduce increased populations of prey species,where displaced species will be encouraged to return to altered mine areas;require oversized littoral zones to be established when excavations become lakes; stock certain fish or other food sources where birds and mammals will eventually return to feed/forage;plant certain food sources/foraging opportunities as returning wildlife attractors. 6. Introduce innovative mitigation strategies: Require operators to introduce and re- introduce increased populations of prey species,where off-site mitigation occurs; same for other elements of mitigation such as roosting and nesting,bedding, foraging or feeding,habitat and structure. 7. Introduce Regional or Countywide strategies and practices aimed at reducing the impact of such mining operations: Significantly reduce speed limits on roadways wherever nocturnal species range;incentive-ize operators to establish projects and provide earth materials for other environmentally significant projects, such as sand appropriate for beach renourishment;incentive-ize operators to establish projects and provide otherwise to-be-recycled materials for other environmentally significant projects, such as concrete bridge or building components appropriate for artificial reefs,off-shore fishing structure, shrimp & crab habitat, and hurricane protection devices &barriers;incentive-ize operators to provide earth materials, final product or otherwise to-be-recycled materials appropriate for other projects, such as bridges, weir,locks, dams,inland storm shelters,park-n-ride transfer lots, shallow water ports and rail bed. 8. Prohibit all residential development on the subject property. 9. Prohibit participation in the Transfer of Development Rights (TDR) program. 10.At the time of Conditional Use submittal, details must be provided as to the areas to be mined, areas to be preserved,and listed species management plans (including the Red-Cockaded Woodpecker). 11.The acreage involved in mining and mining-related activities will be capped at 350 acres (or another more-accurate figure),including any other land uses requiring Conditional Use approval. These stipulations will be reformatted and written as conditions applicable to an earth mining, or other, Conditional Use. EAC Meeting of March 7,2007 Page 19 of 20 CP-2005-12 /'\ Note:If the EAC considers recommending the limited participation in the County's TDR program, staff has prepared an alternate version of stipulation 9, as follows: 9a. Prohibit participation in the Transfer of Development Rights(TDR)program where mining or mining-related activities occur. 9b.Allow participation in the TDR program where mining or mining-related activities do not occur. EAC Meeting of March 7,2007 PREPARED BY: _GJA • . , "LE&L.71-_ CORBY SC 11 IDT,PRINCIPAL PLANNER DATE REVIEWED ;Y: V 2 _O / DAVID C.WEEKS,AICP DATE COMPREH A IVE PLANNING DEPARTMENT,PLANNING MANAGER 2r20 RANDALL COHEN,AICP DATE COMPREHENSIVE PLANNING DEPARTMENT,DIRECTOR Iv IAM D.LO Z,Jr.,P.E. DA 1'r, ENVIRONMENTAL SERVICES DEPARTMENT,DIRECTOR . z^2-6 -cr7- MARJO6jE M. STUDENT-STIRLING DATE OFFICE OF THE COLLIER COUNTY ATTORNEY ASSISTANT COUNTY ATTORNEY APPROVED BY: I JO PH K. SCHMITT DA 'B C t MMUNITY DEVELOPMENT&ENVIRONMENTAL SERVICES ADMINISTRATOR Petition No.: CP-2005-12 C:SUSAN MURRAY,AICP,ZONING AND LAND DEVELOPMENT REVIEW DEPARTMENT DIRECTOR Item Vii,14, ENVIRONMENTAL ADVISORY COUNCIL STAFF REPORT MEETING OF 7 February, 2007 I. NAME OF PETITIONER/PROJECT: Petition No.: Per Resolution 2004-04 (attached) Petition Name: Winchester Lake Additional Depth Applicant/Developer: Southern Sand and Stone Engineering Consultant: Q. Grady Minor and Associates Geological Consultant: Water Resource Solutions II. LOCATION: Winchester Lake occupies Section 16 of Township 48 South, Range 28 East, on the east side of the Faka-Union Canal and the north side of Oilwell Road (CR- 858). It is surrounded on three sides by Golden Gate Estates and on the east side by vacant land(some of which is being actively farmed) zoned Agricultural with a Mobile Home Overlay(MHO) III. DESCRIPTION OF SURROUNDING PROPERTIES: The Faka Union Canal abuts the west property line of the site. There are Golden Gate Estates single-family residential lots on the other side of the canal. Oilwell Road (CR-858) abuts the south property line. There are Golden Gate Estates single-family residential lots on the other side of Oilwell Road. The north property line abuts the rear yards of Estates lots that front on 43rd Ave, N.E. There are Golden Gate Estates lots to the northwest and the southwest. The entire land to the east is zoned Agriculture. Some of it is being actively farmed ZONING DESCRIPTION N - Golden Gate Estates (Unit 61)—Res. single-family, appr. 25%built-out S - Golden Gate Estates (Unit 65)—Res. single-family, appr. 25%built-out E - Vacant Land zoned Agricultural W - Golden Gate Estates (Unit 65)—Res. single-family, appr. 30%built-out EAC Meeting Page 2 of 3 IV. PROJECT DESCRIPTION: Winchester Lake Commercial Excavation (a.k.a. "Shaggy Cypress") sits on 654.12 acres, which is a little more than one square mile (640 ac.), on the east side of Golden Gate Estates, in a `notch" in the eastern boundary of the Estates zoning just on the north side of Oilwell Road(CR 858).. The project was approved by the BCC on 6 October 1998 as Excavation# 59.648. The permit allowed removal of 19 million cubic yards of fill and creation of a 604 acre lake to a depth of 20 ft below original grade. The plan called for retention of a 100 ft unplanted buffer on the north and west sides and a 50 ft unplanted buffer on the south and east sides, which left no room for the construction of a subdivision when the lake was completed. This was done because at the time the excavation was being permitted,the fill was worth more than the land. In 2004, Resolution 2004-04 was passed by the BCC , and Section 1. of that Resolution allows a depth of 25 ft below existing grade. The excavator does not plan on excavating the project to the limits of the 604 acre lake that was originally permitted, but he wants to go deeper in the areas that will be excavated. A geotechnical report has been submitted that describes an olive- green silty clay semi-confining layer at a depth that varies from 20 ft to 30 ft.. That is the depth that the excavator wishes to dig to. He will dig six separate lakes to depths varying from 20 ft to 30 ft, but will only dig a portion of lake 1 and all of lake 4 to a depth of 28 to 30 ft. Since the total amount of fill to be removed from the site doesn't increase, staff will bring this petition to the BCC on Consent Agenda. This excavation must not breach any semi-confining or confining layers under any circumstances V. GROWTH MANAGEMENT PLAN CONSISTENCY: Future Land Use Element: There are no FLUE issues raised by deepening these lakes a few feet. Conservation & Coastal Management Element: There are no CCME issues raised by deepening these lakes a few feet as long as no confining layers are breached. EAC Meeting Page 3 of 3 VI. MAJOR ISSUES: Stormwater Management: There are no stormwater issues that will be raised by digging these excavations to a few feet deeper as long as no confining layers are breached Environmental: There are no environmental concerns specifically related to excavation of the lakes to a greater depth as long as there is no breaching of the confining layer. When the Excavation Permit is modified to allow for the greater depth, Environmental Staff will conduct their full review. There may be listed species or wetland issues that will be addressed with that formal review. VII. RECOMMENDATIONS: Engineering Staff recommends EAC approval of the administrative modification of the Excavation Permit with the following stipulations: 1. The petitioner cannot breach any confining or semi-confining layers with this additional depth of excavation. 2. Environmental Review staff shall review the Excavation Permit Amendment. Listed species surveys or other relevant environmental information may be required as part of that review prior to approval. PREPA' D BY: ket Fut 07 fDATE STAN CHRZANOWSKI, P.E. ENGINEERING REVIEW MANAGER ENGINEERING SERVICES DEPARTMENT . Water Resource Solutions A Division of ENTRIX, Inc. /'\ •428 Pine Island Road, S.W. • Cape Coral, Florida 33991 • Phone: (239) 574-1919 • Fax: (239)574-8106 • 2029 Bayside Parkway • Fort Myers, Florida 33901 • Phone: (239) 334-4435 • Fax: (239)334-6932 December 6, 2006 Mr. Stan Chrzanowski Collier County Development Services 2800 North Horseshoe Drive Naples, Florida 34104 Re: Summary of Results of Soil Borings Winchester Lakes Borrow Pit Collier County, Florida WRS File No. 1169002 Dear Mr. Chrzanowski: Water Resource Solutions, Inc.(WRS)is pleased to provide a summary of the results of soil borings advanced at the referenced project. The Winchester Lakes facility is an existing borrow pit. The purpose of this summary is to provide the proposed excavation depths of lakes,based on the top of the potential confining unit that separates the water-table aquifer from the underlying Lower Tamiami Aquifer,and to recommend maximum excavation depths. WRS reviewed results of previously advanced soil borings and completed additional soil borings to aid in assessing the confining layer. WRS reviewed the report prepared by Law Engineering and Environmental Services, Inc. (Law) entitled "Report of Drilling Services and Soil Evaluation, Proposed Winchester Pit" (November 7,2000). The Law report includes the results of 6 soil borings that were advanced to a depth of 60 feet below land surface(bis). Results of the Law soil borings(attached as Exhibit A)indicate that the top of a"soft,sandy clay"interval occurs at depths between 14 and 28 feet bls. The base of this unit occurs at depths between 23 and 33 feet bis. On November 21 and 22, 2006, WRS advanced an additional 3 soil borings to depths between 45 and 98 feet bls to further correlate the depth of the potential confining unit. Refer to Table 1 for lithologic logs of the soil borings. Soil borings were advanced using continuous split spoon techniques,while samples were described in the field by a WRS hydrogeologist. Results indicate that surface sand is underlain by marl,which is a mixture of sand,silt and clay, that commonly includes limestone and shell fragments. Marl does not represent confinement. This marl is underlain by an olive-green,silty clay that represents a semi-confining layer. The "soft,sandy clay"interval described in the Law report is likely a combination of both the marl and the olive-green silty clay units. 1169002 Winchester Lakes Soil Logs Summary2.wpd WRS Mr. Stan Chrzanowski December 6, 2006 Page 2 of 2 Review of soil borings suggest that the olive-green, silty clay represents the first semi- confining unit on-site. The thickness of this unit ranges between 3 and 6 feet. The proposed depth of excavation is no deeper than 3 feet above the base of the olive-green,silty clay layer. This proposed depth varies on-site between 20 and 30 feet. The proposed excavation depths for each lake or lake portion are as follows: Lake 1 (North) - 25 feet bls Lake 1 (Central) - 28 feet bis Lake 1 (South) - 30 feet bls Lake 2 - 20 feet bis Lake 3 - 25 feet bis Lake 4 - 30 feet bls Lake 5 - 25 feet bls Lake 6 - 23 feet bls Should you have any comments or questions,or require additional information,please do not hesitate to contact me at (239) 334-4435, extension 24 or bbarnes@wrsolutions.com. Sincerely, WATER RESOURCE SOLUTIONS, INC. Brian K. B: - es Senior Scientist BKB/nlf 1169002 Winchester Lakes Soil Logs Summary2.wpd WRS A APPROXIMATE PROPERTY BOUNDARY II I I RECHARGE TRENCH (TYPICAL) / 1 1M lal ii I LAKE 1•=-iit 1 I • ' LAKE 3 I 1i • a ' { LAKE 1 1 7' f I a ' II \ 101 LA30KE 1FEET(SOUTH)BLSI I I � 11, i! I ��''1 I� I ��I LAKE 6 !' y I` 1 M, - i • I • 1 i!I I = I, I. I OIL WELL ROAD(CR 858) 1;. it is • 1 is LEGEND I'I LAW B1 DESIGNATION AND APPROXIMATE LOCATION 1 O` -OF SOIL BORING INSTALLED BY LAW Z _DESIGNATION AND APPROXIMATE LOCATION z OF SOIL BORING INSTALLED BY WRS V WRS B1 APPROXIMATE SCALE 1 ' {' LAKE 1 (SOUTH)-RECOMMENDED EXCAVATION DEPTH A�� 30 FEET BLS FOR LAKE,OR LAKE PORTION 0 4W 800' 1 /'R i Water Resource Solutions PROJECTECT MNUMBER:W11NAE: INCH69002ESTER LAKES DWG.NUMBER_ PROJDATE: I FIGURE 1. MAP SHOWING THE PROPOSED EXCAVATION DEPTHS FOR LAKES. f 1• Table 1. Lithologic Logs of Soil Borings WRS-B1, WRS-B2 and WRS-B3. ^ Soil Depth Boring below Description grade (ft) 0 - 8 Sand, dark brown, fine to medium grain. 8 - 12 Marl (a mixture of sand, silt and clay), light grey; limestone and shell fragments. 12 - 17 Sand, light brown, medium grain; trace of silt. WRS-B1 17 -27 Marl (a mixture of sand, silt and clay), light grey; limestone and shell fragments. 27 - 33 Silty clay, olive green, semi stiff, plastic, limestone fragments. 33 -45 Limestone, light grey, poorly indurated; fossiliferous. 0 - 8 Sand, dark brown, fine to medium grain; trace of silt. 8 - 14 Limestone, light grey, poorly indurated; fossiliferous. WRS-B2 14 = 22 Marl (a mixture of sand, silt and clay), light grey; limestone and shell fragments. 22 - 26 Silty clay, olive green, semi stiff, plastic; limestone fragments. 26 - 45 Limestone, light grey, poorly indurated; fossiliferous. 0 - 9 Sand, dark brown, fine to medium grain. 9 - 12 Marl (a mixture of sand, silt and clay), light grey; limestone and shell fragments. 12 - 14 Limestone, light grey, poorly indurated;fossiliferous. WRS-B3 14 - 22 Marl (a mixture of sand, silt and clay), light grey; limestone and shell fragments. 22 - 25 Silty clay, olive green, semi stiff, plastic; limestone fragments. 25 - 98 Limestone, light grey, poorly indurated; fossiliferous. WRS 1169002 Winchester Lakes Soil Logs Summary2.wpd EXHIBIT A SOIL BORING LOGS FROM THE REPORT PREPARED BY LAW ENGINEERING AND ENVIRONMENTAL SERVICES, INC. (LAW) ENTITLED "REPORT OF DRILLING INCHESTER PIT'ERVICES AND �NOVEMBERIL T7� PROPOSED 2000) WRS 1169002 Winchester Lakes Soil Logs Summary2.wpd NOT TO SCALE — Si B-2 . CORNFIELDS- SIB-3 SAND/ITIGH SEED GRASS • V •B-6 B-5 OPEN LAND • 6i 11-1 •13-4 OIL WELL ROAD • • • owe Prepared/Dote: AFC 11/07/00 ---�+► Checked Dole: Ht,3 71/07 00 PROPOSED WINCHESTER PIT LAW;roupu.niisrA NAPLES. CO.t.tER Ct3UNTY FLORIDA LAwGinB BORING LOCATION PLAN! mr'"t Project 43320figure 2 _ CORRELATION OFTION RESISTANCE WITH RELATIVE DENSITY AND CONSISTENCY NO.OF BLOWS,N RELATIVE DENSITY PARTICAL SIZE IDENTIFICATION 0.4 Very I'o°sc BOULDERS: SANDS: 5-i0 Lapse ' Greater than 300 mai 1 t-20 COBBLES: 75 mm to 300:nut 2130 vrinTi — 3I-50 GRAVEL: Coarse- 19.0 mm to 75 mm Flee- 4.75 mm to 19.0 mm OVER SO Very Dense SANDS: audio • 2.. 23 ttaem totto 427.00 ntmCONSISTENCY true - ' 0.2 y 3att Fine- 0.075 mm to 0.425 mm SILTS3 SILTS&CLAYS: Less than 0.075 mut & 9-15 Stiff CLAYS: . 16-30 Very Stiff O 31-5ri Approx. Fines Cowan MODIFIERS Very Hard 5%to 12% S1tehd silty or HARDNESS 12% to 30% all S Yet► 0-19 Ve�-y Soft clayey LIMESTONE 20.49 Son 30% to 50% Vary silty or 50 FOR1�3" Moderately Medium Hard very clayey Hard 50 FOR 0"•2" Moder Had DEFINITIONS AND KEY TO DRILLING SYMBOLS I tndi.+tutbed Sample Z Water Table 24 HR. MC: Natural Moisture Content - 9 Split-Spoon Sample g Water Table at Time of Drilling LLLL.:� OrganicLbni tent FL: Rude Limit El Time Rate of Drilling ifLoss of Drilling Fluid P300: Fines Passing No.200 Sieve WOR: Weight of Drilling Hammer • KEY TO SOIL CLASS 1CATIONS r •'�'. FINE SAND SILT SLIGHTLY SILTY FINE SANG - '�`' • :. SAND WITH LIMESTONE FRAGMENTS — �„�' - SILTY FINE SAND 12 SILTY SAND WITH GRAVEL . RE VERY SILTY FINE SAND 4;....... FINE SAND WITH SHELL SLIGHTLY CLAYEY FINE SANS 1y WEAVED LIMESTONE TONE CLAYEY FINE SAND M SOFT TO VERY SOFT MLIMESTONE VERY CLAYEY FINE SAND MEDIUM TO MODERATELY HARD .. . LIMESTONE I SANDY CLAY ; um i" HARD LIMESTONE • Z. SILTY CLAY '- FINE SAND WITH ROOTS I II 4. CLAY PEAT • • 4 AV, ..: I u F SOIL CLASSIFICATION 1 1: SAMPLES P mi.'REMARKS ' t.. r E [T. •cotnrrJN VAu; If US KEY SYi�BOLSHfEyi<OR & V Y • t5F1((`A) 'Q)- SYMEOLS AND ABBREVIATIONS BP.ow. 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LAtYMT37;/, ?Amber „....NTRANSITIONS BETWEEN STRATA MAY BR GRADUAL. ....,.. , k... lit:fit-4. 1 RESOLUTION NO.2004— 04 178 A RESOLUTION OF THE COLLIER COUNTY BOARD it OF ZONING APPEALS PROVIDING FOR THE CONFIRMATION OF THE PRIOR ESTABLISHMENT OF CONDITIONAL USE "1" IN "A" ZONING DISTRICT PURSUANT TO SECTION 2.2.2.3 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE TOGETHER WITH THE MODIFICATION OF THE STIPULATIONS GOVERNING THE OPERATION OF THE EARTHMINING FACILITY LOCATED IN SECTION 16,TOWNSHIP 48 SOUTH,RANGE 28 EAST COLLIER COUNTY,FLORIDA. WHEREAS,the Legislature of the State of Florida in Chapter 67-1246,Laws of Florida,and Chapter 125 Florida Statutes,has conferred on Collier County the power to establish, coordinate and enforce zoning and such business regulations as are necessary for the protection of the public;and WHEREAS,the County pursuant thereto has adopted a Land Development Code (Ordinance No. 91-102, as amended) which includes a Comprehensive Zoning Ordinance establishing regulations for the zoning of particular geographic divisions of the County,among which is the granting of conditional uses;and WHEREAS, on September 22, 1998, the Board of Zoning Appeals of Collier County,Florida,approved Resolution Number 98-395 which established an earthmining facility conditional use(Conditional Use"1"of Section 2.2.2.3 in Rural Agricultural"A" Zone of the Land Development Code);and WHEREAS,Paragraph"b"of Exhibit"D"of said Resolution provides as follows: The conditional use approval shall be reviewed at the end of five years to determine whether additional stipulations or mitigation are necessary to insure compatibility with other properties in the area and to assure public health,safety and welfare is adequately addressed. Development Services staff will use the following standards in their review and,in the event of the inability of Development Services and applicant to agree upon additional stipulations or mitigation, the matter will be referred to the Board of Zoning Appeals using the Land Development Code procedural requirement for appeals. WHEREAS, Resolution Number 98-395, as recorded, remains in full force and effect;and WHEREAS, the Board of Zoning Appeals has conducted the review of the earthmining activity as required by the Resolution;and WHEREAS,all interested parties have been given opportunity to be heard by this Board in public meeting assembled, and the Board having considered all matters presented. CUR-2003-AR-3776 1-2 176 -"vi NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ZONING APPEALS OF COLLIER COUNTY,FLORIDA that: The petition, CUR-2003-AR-3776, filed by Jeff L. Davidson, DAVIDSON ENGINEERING, INC., representing, Joseph D. Bonness of Southern Sand and Stone, Inc.,with respect to the property hereinafter described as: Exhibit"B"attached hereto and incorporated by reference herein be hereby confirmed as Conditional Use"I" of LDC Section 2.2.2.3 of the"A" Zoning District for earthmining and be permitted to continue operations as stipulated herein in accordance with the Conceptual Master Plan(Exhibit"C")and subject to the following conditions: Exhibit"E"which is attached hereto and incorporated by reference herein. BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this Board. This Resolution adopted after motion,second and majority vote. Done this /3 day of ,2004. ATTEST: BOARD OF ZONING APPEALS DWIGHT I3.BROCK,CLERK COLLIER OUNTY,FLORIDA test c 1i at1 C:hairma Sfjnrt e °Ply - Apglroved as to-Form and Legal Sufficiency: ° -"Ike Patrick G. 'te Assistant County Attorney i'1 CUR-2003-AR-3776 2-2 17B SEP 2 21991 FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-98-12 • The following facts are found: 1. Section 2.2.2.3 .1 of the Land Development Code authorized the conditional use. 2 . Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of:, A. Consistency with the Land Development Code and Growth Management Plan: Yes No B. Ingress and egress to property and proposed, structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & egress Yes No C. Affects neighboring properties in relation to noise, glare, economic or odor effects: No affect or Affect mitigated by Affect cannot be. mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use within district Yes No Based on the above findings, this conditional use should, with stipulations, (copy attached) (should not) be recommended for approval DATE: CHAIRMAN: t/Cu1-911-11 FINDING OF FACT OthIANAN/ EXHIBIT "A" . • 17B SEP 2 2199 • Legal Description I • Section 16, Township 48 South, Range 28 East, less the south 50 feet Road ROW., Collier County, Florida. • • • • • • EXHIBIT "B" II - 0 IA " I vr---13: i • 1 1713 ' I off . : i , i ' . • . Pt: C _ k D08T1NS FAHKAUN10N CANAL i ; ' , ITI 2, , I 0 RH .v I a 1 . . . II t e . . 1 ,r 1 . . • , . 1-- -.,.. 1 ..,./-* 1 • N ... ' '. 1 \ 1 I . il I 1 I lig ' 4 I S Iii 1111 111 1 lig 1 gi h . i 1 he . 1 1 Iii 1 p ii i . . t : - 1 ..\ 2. ,p 2 I\ , /-\)(3 P "svaR\ il \ 1 - ___.-/---- t701- P as 1 al 1 * li PP 1111i itl li1 t ' i 1 ll I tiThi - k I ' " ' , .-- l E 1 i N , \ EXHIBIT "C" • 77 © 5trZZ199a • AGREEMENT 1, Jeff L. Davidson, as authorized agent for Petition CU-98-12, agree to the following stipulations requested Eby the Collier County Planning Commission in their public hearing on September 3, 1998. • Planning Services: a. The Current Planning Manager may approve minor changes in the location,siting, or height of buildings, structures,and improvements authorized by the conditional use. Expansion of the uses identified and approved within this conditional use application, or major changes to the site plan submitted as part of this application, shall require the submittal of a new conditional use application, and shall comply' with all applicable County ordinances in effect at the time of submittal, including Division 3.3, Site Development Plan Review and approval, of the Collier County Land Development Code,Ordinance(91-102). b. The conditional use approval shall be reviewed at the end of five years to determine whether additional stipulations or mitigation are necessary to insure compatibility with other properties in the area and to assure public health, safety and welfare'is adequately addressed. Development Services staff will use the following standards in their review and, in the event of the inability of Development Services and applicant to agree upon additional stipulations or mitigation, the matter will be referred to the Board of Zoning Appealsusing the Land Development Code procedural requirement for appeals. The standards for review are: 1. At least six months prior to the fifth anniversary of the Board of Zoning Appeals approvals, applicant shall submit a noise study acceptable to Development Services staff to determine whether additional berming, landscape or buffers are necessary to insure compatibility with adjacent residential structures. 2. At least six months prior to the fifth anniversary of this approval,applicant will submit to Development Services a Traffic Study conducted in a manner approved by County Transportation Department that assesses the level of service on County Road 858,the project's impact on County Road 858,and any mitigation needed to address this project's impacts on automotive and pedestrian safety along the section of County Road 858 from the project entrance on CR 858 to the intersection of CR 858 and CR 846. Additional mitigative measures that may be required include: EXHIBIT"D" I n 1 •� 1.11 btr 2 11998 ,•-••\ (a) Project contribution (on a proportional share basis) to add signalization or turn lanes for other public roads or for institutional uses accesses on County Road 858 west of the project. • • (b) Limitation of the number of haul trips from the project to a'maximum - of 175 per 24-hour period. • (c) Changes in days or hours of operation but no less than 60 hours of operation per week(Stipulation I)to lessen project traffic interface with school or other traffic on CR 858 oY other impacted County roads. (d) Contribution of its proportionate share costs for any additional • ' sidewalks needed in the vicinity of any institutional uses located on County Road 858. • (e) Mitigation of abnormal wear or tear caused by this project's use of County Road 858 west of its entrance that are not addressed by the payment of impact fees. 3. Development Services Department may require additional studies or reports to demonstrate that there are no adverse environmental impacts resulting from operations of Winchester Lakes. • c. The petitioner shall remove all exotic vegetation on site as listed in the LDC 3.9.6.4.1 prior to any excavation activities on site. Subsequent annual exotic removal (in perpetuity)shall be the responsibility of the property owner. d. Turn lanes shall be required, both eastbound and westbound, on CR. 858 at the project entrance. e. • The petitioner shall be responsible for the maintenance of the turn lanes for the life of the project. Failure to properly maintain the pavement shoulders, signage, and pavement markings shall be cause for revocation of the CU permit. f. A condition survey of CR 858 from its intersection with CR 846 shall be performed by the Road and Bridge Section prior to the start of any activity on this site. The results of that survey shall be used as a baseline for future maintenance of the roadway. g. The petitioner shall post a maintenance bond in the amount of$100,000.00 for the life of the project This bond shall be used for the maintenance of CR 858 damages EXHIBIT"D" 2 SEP 2 21998 above normal wear and tear caused by• / ,.� this project. h. A:traffic routing plan shall be submitted to the County for review and approval prior to the start of any earth mining activity on the site. A copy of this plan shall be forwarded to the Collier County Board of Public Schools. • i. Hours of operation shall be 7 a.m.to 7 p.m.Monday through Friday;no excavation or hauling operation shall be allowed on Saturday or Sunday, except in instances where contracts for"public"jobs dictate otherwise. j. Any blasting shall require a permit from Planning Services and shall comply with Collier County Blasting Ordinance. k. The applicants shall install a berm not less than six feet in height along the property lines adjacent to the Estates zoned properties as each phase is initiated. I. The excavation shall be limited to a lowest possible bottom elevation of 25 feet below existing grade unless a permit modification is applied forthrough the EAB and the BCC and shall be no shallower than 10 feet below existing grade. m.. Prior to any site Improvement proposed in relation to this excavation or clearing,the owner shall contact the USACOE and SFWMD to determine if wetland permitting is needed. If so,all agency permits shall be obtained,prior to the commencement of any site improvements. p r T ' OR AGENTf State of Florida 0 County of Collier The .foregoing Agreement Sheet was acknowledged before.,me this 17 day of SEPT6A$61Z, 1998, by Sr-e(L.iAu,iso►.i, who is personally known to me or who has produced Ft L bi2t vEft S LI SELY c as identification and who did(did not)take an oath. (Signature of Notary Public) NOTARY PUBLIC Commission# CC (, 1(n$'7 S; My Commission Expires: 9-a.-GI EXHIBIT"D" 3 Y T,% .' tar COMBS=/ccatm I ExPIaE&Saftwear 2.201 _• e.aeti.eNoirNig Undone= n SEP ?. 2199 I7B REPRESENTATIVE FOR CCPC' State of Florida County of Collier The foregoing Agreement Sheet was acknowledged before me this /7/ day of ,Sept for , 1998, by Jr);C)14e 1 paIJLS ,who is personally known to me or who has produced as identification and who did(did not)takean oath. ' /, (Sig N, saw Ems* ssaki fi Y" sufteniv s twogie uolusw NOTARY PUBLIC Commission# My Commission Expires: • EXHIBIT"D" 4 • 17B '.. SUPPLEMENTAL CONDITIONS • CUR-2003-AR-3776 RESOLUTION 98-395 • 1. Item(b) CU-98-12 shall be amended to require a re-reviewed on a 5-year cycle from the anniversary date of its approval until the earth mining operation is completed, • 2. Item (g)CU-98-12 shall be amended to require a$500,000.00 maintenance bond • shall be maintained for the life of this project, 3. Item (k) CU-98-12 shall be amended to require a berm to be installed and • maintained of not less than ten feet in height along the property lines adjacent to • the Estates zoned properties, 4. These modifications shall be incorporated within the original Conditions of Approval attached to CU-98-12, and shall be make,part of the official record. • • • • • • EXHIBIT"E" I a s p Z 3 I 8 O — W F — awnnme mama R R F 1-G O —U _ z e s F 6 R i i w 9 i C R $ 9 5 LL i . a c a a sS. ia i S i 8 66 F. 3 a 7 F s F� F R c 'I I C Y + ? rrr a 7 S R: =P. i I i c # 5 : — z a a s, e a '^ A R s a e s o CO II 5 a L a e i a _ s p _ i i a P P S TIUJ LS wM '::. 8 . . . w . 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