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EAC Agenda 04/04/2017
ENVIRONMENTAL ADVISORY COUNCIL AGENDA April 4, 2007 9:00 A.M. Commission Boardroom W. Harmon Turner Building (Building "F")—Third Floor I. Call to Order II. Roll Call III. Approval of Agenda IV. Approval of March 7, 2007 meeting minutes V. Upcoming Environmental Advisory Council Absences VI. Land Use Petitions A. Planned Unit Development PUDZ-2006-AR-10698 "Gaspar Station PUD" Section 30,Township 48 South, Range 26 East VII. Old Business VIII. New Business IX Subcommittee Reports X. Council Member Comments XI. Public Comments XII. Adjournment Council Members: Please notify Susan Mason, Environmental Services Department no later than 5:00 p.m. on March 30, 2007 if you cannot attend this meeting or if you have a conflict and will abstain from voting on a petition (213-2987). 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. Item VI.A. ENVIRONMENTAL ADVISORY COUNCIL STAFF REPORT MEETING OF April 4, 2007 I. NAME OF PETITIONER/PROJECT Petition No.: PUDZ-2006-AR-10698 Petition Name: Gaspar Station PUD Applicant/Developer: A. GROVER MATHENEY Engineering Consultant: WILSONMILLER, INC. Environmental Consultant: WILSONMILLER, INC. II. LOCATION The subject property, consisting of 17.7± acres, is located on the south side of Immokalee Road (CR 846), approximately one quarter mile west of the I- 75/Immokalee Road, interchange, in Section 30, Township 48 South, Range 26 East, Collier County, Florida. n III. DESCRIPTION OF SURROUNDING PROPERTIES ZONING DESCRIPTION N - PUD Immokalee Road then Carlton Lakes PUD, approved at a density of 3.35 units per acre S - PUD Livingston Lakes, a developing residential project, approved at 7 units per acre E - PUD Donovan Center PUD, developed as a Wal-Mart superstore and Summer Lakes residential project, approved at 6.64 units per acre W- Agriculture an undeveloped approximately nine acre tract IV. PROJECT DESCRIPTION The proposed CPUD, if approved,will allow for retail and service uses at a rate of 7,500 square feet per gross acre, office uses at a rate of 15,000 square feet per �"� gross acre and hotel/motel use at a rate of 26 units per gross acre. The PUD EAC Meeting Page 2 of 7 allows for a mix of Interchange Commercial (as described in the Growth Management Plan [GMP]). The project is bordered by Juliet Boulevard on the east, and a Wal-Mart; on the north by Immokalee Road and Carlton Lakes; to the west by an approximately nine-acre, undeveloped agriculturally zoned tract; and to the south by lands within Livingston Lakes PUD, a residential project. The subject property is currently undeveloped. The PUD document and the Master Plan indicate the project will not have access directly to Immokalee Road; access to the site will be via Juliet Boulevard. V. GROWTH MANAGEMENT PLAN CONSISTENCY A. Future Land Use Element The subject property is designated Urban Commercial District, Interchange Activity Center Subdistrict, and Activity Center #4, as identified on the Future Land Use Map of the Growth Management Plan. It is located within the Northwest Transportation Concurrency Management Area (TCMA). The County has confirmed that the level of service criteria for the Northwest TCMA in the LDC are being met; however, the final determination of concurrency will be done during the site development plan process. The Future Land Use Element (FLUE) of the Growth Management Plan (GMP) provides guidelines for Interchange Activity Centers. Comprehensive Planning staff analyzed those guidelines and believes this petition can be deemed consistent with the guidelines for Interchange Activity. B. Conservation & Coastal Management Element Objective 2.2 of the Conservation and Coastal Management Element of the Growth Management Plan states"All canals,rivers, and flow ways discharging into estuaries shall meet all applicable federal, state, or local water quality standards. To accomplish that,policy 2.2.2 states "In order to limit the specific and cumulative impacts of stormwater runoff, stormwater systems should be designed in such a way that discharged water does not degrade receiving waters and an attempt is made to enhance the timing, quantity, and quality of fresh water (discharge)to the estuarine system. This project is consistent with the objectives of policy 2.2.2 in that it attempts to mimic or enhance the quality and quantity of water leaving the site by utilizing ,.� interconnected dry detention areas and a wetland to provide water quality retention and peak flow attenuation during storm events. EAC Meeting Page 3 of 7 The Gaspar Station project will preserve its required amount of native vegetation. No submerged marine habitats are proposed for impact and the site is not contiguous to natural reservations. Habitat management and exotic vegetation removal/maintenance plans will be required at site development plan submittal and have been provided as part of the EIS. 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 proposed preserve area is located along the southern boundary of the site allowing for interconnection to the adjoining off-site preserve area located on the Livingston Lakes PUD. Littoral shelf planting areas within the wet detention pond shall be required at the time of Site Development Plan submittal, and will be required to meet the minimum planting area requirement in Policy 6.1.7. Jurisdictional wetlands have been identified as required by Policies 6.2.1 and 6.2.2. In accordance with Policy 6.2.6, required preservation areas have been identified on the PUD Master Plan. Activities detrimental to preserve areas have been excluded from the preserve as required by the conservation easement. Use within the preserve areas are in accordance with Policy 6.2.5(5)(d). Uses within the preserve areas shall not include any activity detrimental to drainage, flood control,water conservation, erosion control, or fish and wildlife conservation, and preservation. The proposed 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. A wildlife survey for listed species in accordance with Policy 7.1.2 is included in this EIS. No adverse impacts to potential listed species are anticipated to occur as a result of the proposed future development of Gaspar Station PUD. Therefore, the project is consistent with the Objectives and Policies of Goal 7. 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 into Preserves as allowed in Section 3.05.07." EAC Meeting Page 4 of 7 County Staff could not find reference to a SFWMD permit for this site on the SFWMD website, but due to the presence of wetlands on site, this petition will be reviewed by SFWMD. Gaspar Station is located within the Cocohatchee River Drainage Basin, which has an allowable discharge rate of 0.04 cfs per acre per Ordinance 2001-27. The Cocohatchee Basin has this low discharge rate, which is about a quarter of the County's standard rate of 0.15 cfs per acre because the basin was analyzed many years ago and was found to have had its capacity stressed, so the allowable remaining capacity was divided among the remaining parcels. The stormwater management system consists of a 2.1-acre lake and the usual perimeter berm and stormwater piping.. The system is designed to provide for water quality retention and to attenuate the water quantity discharge. The discharge will be to the north into the Cocohatchee Canal as per the Collier County Drainage Atlas. B. Environmental 1. Site Description The subject property is approximately 17.7 acres in size. The Juliet Boulevard easement accounts for approximately 1.4 acres, leaving 16.3 acres of developable property. Wetland areas consist of 0.4 acres of Cypress-Pine-Cabbage Palm, Exotics 25-49% (FLUCFCS 624E2). There are approximately 14.25 acres of Pine Flatwoods with Palmetto Understory, 0.70 acres Pine Flatwoods with Graminoid Understory, (Exotics 25%to 49%), and 0.40 acres of Cypress-Pine-Cabbage Palm (Exotics 25%to 49%). 2. Wetlands There are approximately 0.4 acres of SFWMD jurisdictional wetlands on the site. The SFWMD performed an informal wetland determination on August 9, 2002. A copy of the SFWMD informal jurisdictional wetland sign-off exhibit is included with the EIS submittal (See Exhibit G). Wetlands on the site are low quality in function and are proposed for impacts by the proposed development. The presence of Immokalee Road and associated canal, I-75 and surrounding development has altered the hydrology of the site. The wetlands have also been impacted by varying levels of exotic plant infestation of primarily melaleuca and Brazilian pepper. 3. Preservation Requirements The site is approximately 17.7 acres in size and contains approximately 16.3 acres of native vegetation. The Juliet Boulevard easement impacts 1.4 acres of habitat. EAC Meeting Page 5 of 7 Fifteen percent(15%) of native vegetation on the site is required to be preserved. Therefore, approximately 2.4 acres of native vegetation are required to be preserved on the site: (16.3 X .15 =2.4). Approximately 1.7 acres of pine flatwoods and 0.7 acres of pine flatwoods-graminoid understory will be preserved. The preserve will connect to the Livingston Woods PUD preserve to the south. 4. Listed Species Evidence of wildlife utilization on the site was minimal. The site is not currently inhabited or utilized by endangered,threatened or species of special concern. Wilson Miller ecologists have performed listed species surveys on the subject property through the 1990's and early 2000's. In March and April 1993, Wilson Miller ecologists performed a listed species survey and a red-cockaded woodpecker(RCW) survey on the property. Approximately 100 hours were spent conducting the surveys and no listed species, RCWs or cavity trees were observed on the site. On June 16 through July 9, 1999, WilsonMiller ecologists performed a RCW nesting season survey on the subject property. Approximately 40 hours were spent performing the survey and no RCWs, cavity trees, or other listed species were observed on the site. In August 2002, October-November 2004 and February 13 through 17, 2006 n WilsonMiller ecologists performed listed species surveys on the subject property. No listed wildlife species,RCWs, or cavity trees were observed on the site. Another listed species survey was conducted by WilsonMiller in February 2006 and no listed species were found. There is a potential for the Big Cypress fox squirrel and the Eastern Indigo snake to utilize the site. A Big Cypress fox squirrel management plan has been prepared and is included with this submittal as Exhibit J of the EIS. An Eastern indigo snake management plan has also been prepared and is included in this submittal as Exhibit K of the EIS. VII. RECOMMENDATIONS Staff recommends approval of Gaspar Station PUDZ-2006-AR-10698 with the following stipulations: Stormwater Management and Environmental 1. A SFWMD ERP must be obtained prior to the next development order approval. EAC Meeting Page 6 of 7 PREPARED BY: 1 46 il 1 16 NOP 07 STAN CHRZANO 4 SKI, P.E. DATE ENGINEERING REVIEW MANAGER ENGINEERING SERVICES DEPARTMENT Q4attiCZ- , .,1 ),. /0 ? MER • ' • UE DATE ENVIRONMENTAL SPECIALIST ENVIRONMENTAL SERVICES DEPARTMENT ......... T. Lit 4 ' 4 0-) \St/ it/ KAY ESELEM, A.I.C.P. DATE PRIM IPAL PLANNER DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW REVIEWED BY: EAC Meeting Page 7 of 7 bd✓�//.hDeno f is e >}-. 2-13-c7 BARBARA S. BURGESON DATE PRINCIPAL ENVIRONM TAL SPECIALIST ENVIRONMENTAL SERVICES DEPARTMENT %I LIAM D. LORENZ, Jr.,P.E. 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L..\ „,.....;-•:- --I 7------ . - i ,, 4 .— I lik 'III t' T 1,-7, I v.!, I mown • /11111411 1,1 ,1111Tr ,.. ....„ March 7, 2007 MINUTES OF THE MEETING OF THE COLLIER COUNTY ENVIRONMENTAL ADVISORY COUNCIL Naples, Florida, March 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 James Harcourt William Hill Lee Horn (arrived at 9:07 a.m.) Dr. Judith Hushon Roger Jacobsen Iry Kraut Nick Penniman Michael Sorrell ALSO PRESENT: Stan Chrzanowski, Planning Review Jeff Wright, Assistant County Attorney Barbara Burgeson, Sr. Environmental Specialist Summer Arague, Senior Environmental Specialist 1 March 7, 2007 Call to Order The meeting was called to order by Chairman William Hughes at 9:01 a.m. II. Roll Call A quorum was established with Lee Horn absent at the time of roll call. III. Approval of Agenda Mr. Penniman moved to approve the agenda. Second by Mr. Hill. Item "VII. Land Use Petitions, C. Immokalee Road South MGPUD"has been continued; and item"VII. Land Use Petitions, E. Future Land Use Element"has been withdrawn. Mr. Penniman amended his motion to exclude "C" and "E". Mr. Hill amended the second. Motion carried unanimously 7-0. IV. Approval of February 11,2007 Meeting minutes Change: - Page 4, paragraph four should read"loud noise". - Page 3, "tillandsia" - Page 5, "Alley" - Page 5, Dr. Hushon's comments should have the addition of"management plans and keeping storm water out of preserves." Mr. Hill moved to approve the minutes as amended. Second by Dr. Hushon. Motion carried unanimously 7-0. V. Upcoming Environmental Advisory Council Absences William Hill will not be in attendance for the May and June meetings. VI. New Business A. Gopher Tortoise Management Plan Presentation - Ray Ashton and staff Barbara Burgeson, Environmental Services announced that the "Draft Gopher Tortoise Management Plan" which was distributed to the Committee Members is open for comment(see attachment). Lee Horn joined the meeting at 9:07 a.m. 2 March 7, 2007 Barbara Burgeson pointed out a few places for the Committee to review: - Page 7, Chapter 3 - Page 11, Chapter 4 - Page 16, the 25 foot zone, site development,preserves, and permits - Page 24, local government coordination The Committee was invited to contact Barbara Burgeson about the Plan if there were any questions, issues or concerns. Ray Ashton gave kudos to the County Staff The Plan has been 25 years in the making. He suggested the Committee review the Plan keeping in mind "What is the conservation value of each issue." Less than 10% of people want a tortoise on their property. It was suggested that funds from permit fees be sent to the local governments instead of Tallahassee. When tortoises are preserved it also assists to preserve other species. The goal for the Plan is to be self sustaining. A trust fund is being looked at in order to have continual funds for the program. If the land is not managed now then in 19-21 years gopher habitat will be lost. He mentioned that monitoring of tortoises is not within the Plan; which he feels it should be. Cattle pasture and groves are some of the best lands for tortoises; therefore farmers, with reimbursement are willing to have tortoises on their properties. If the County is rehydrated he feels it could affect tortoises. He feels there is no longer any reason to have massive incidental takes. He would like some of the funds for a take permit to be put toward relocation, if the tortoises are being relocated. He then reviewed his extensive background on working with tortoises. He added that it has been his experience that when estimating the number of tortoises in an area the number is generally off by 40%. He has found that there really aren't abandoned burrows, the young tortoises use them. The `number of tortoises' is the method of determining mitigation cost according to the Plan; this creates the potential to make the tortoise into an economic predator. He suggested that a plan for the available population of tortoises within Collier County be set up. His web site is www.ashtonbiodiversity.org. The meeting recessed at 10:12 a.m. reconvening at 10:28 a.m. Nick Penniman did not rejoin the meeting after the recess. VII. Land Use Petitions A. Planned Unit Development Rezone No. PUDZ-A-8997 "Wolf Creek PUD" Section 134, Township 48 South, Range 26 East - Presenters were sworn in. 3 March 7, 2007 Jeremy Sterk, Hoover Planning and Development demonstrated an aerial mapof theproperty, a the location of theproperty, a wetland map showing map, and a map showing how the future development in the area will look. Stan Chrzanowski demonstrated the water flow within the area. Nick Penniman rejoined the meeting at 10:39 a.m. Dr. Hushon pointed out that the EIS shows the preserve being used for water quality treatment. Dave Underhill,Banks Engineering responded that it is not their intention to use the preserves as water treatment. Water quality treatment will be done before any water is directed to the onsite preserve. Dr. Hushon requested that the EIS be corrected. Jeremy Sterk added that there are talandsia on the site which can be relocated for preservation within the preserve area. County Staff recommends approval with the following conditions: a modification of their existing District Permit would be required prior to final development order, and the corrected EIS. Mr. Hill moved to approve Planned Unit Development Rezone No. PUDZ-A-8997, "Wolf Creek PUD", Section 134, Township 48 South, Range 26 East with County Staff stipulations. Second by Dr. Hushon. Motion carries unanimously 8-0. B. Planned Unit Development Rezone No. PUDZ-2006-AR-8997 "Buttonwood Preserve PUD" Section 35,Township 48 South, Range 26 East - Presenters were sworn in. Melina Mandiahoff, Passarella & Associates demonstrated the location of the property and an aerial photograph. She then demonstrated the proposed site plan. Thirteen point five acres of native vegetation will be preserved. Ninety-seven point seven percent of wet lands will be preserved. One gopher tortoise burrow and two big cypress fox squirrels were observed on the site. No soil sampling was done. Michael Delate, Q. Grady Minor& Associates, P.A. concurred with the Committee that soil testing should be done where the tree farm was located. Stan Chrzanowski demonstrated the water flow within the area. 4 March 7, 2007 County Staff recommends approval with soil samplings required at the next development order. Mr. Hughes requested a copy of the soil tests. Nick Casalanguida,Transportation noted that Tree Farm Rd. will be a public road. There are no wildlife crossings set out for the current road plans. The development and permitting of the road is being coordinated with all the developers. Mr. Jacobsen moved to accept Planned Unit Development Rezone No. PUDZ-2006-AR-8997, "Buttonwood Preserve PUD", Section 35, Township 48 South,Range 26 East with the staff recommendation of soil testing. Second by Mr. Hill. Motion carried unanimously 8-0. C. 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] - Presenters were sworn in. David Week mentioned that this had been reviewed at the previous Environmental Advisory Council meeting. Mr. Jacobsen disclosed that he visited the site. David Weeks continued that it was inconclusive according to the submitted information what the habitat of the land was. It was found after visiting the property that the Northern portion of the property separated by Tomato Road was found to be farmed land. The property to the South of Tomato Road was found to have native vegetation intact. The recommendation is that the Northern portion of the property be designated receiving, while the Southern portion is recommended for sending designation. Public- Brad Cornell, Collier County Audubon Society feels that it is appropriate to leave the lands as sending since not all of the lands within the sending designation are pristine habitat. 5 March 7, 2007 Tim Hancock representing Six L Farms feels that the question at hand is "Should the lands ever have been sending in the first place?" For this land to be restored the farm water pumping pipes will have to be removed. Mr. Jacobsen moved to accept staffs recommendations to change the one area from sending to receiving. Second by Dr. Hushon. Motion carried unanimously 8-0. D. CPSP-2005-15, Petition requesting an amendment to the Transportation Element(TE),to add new Policies 3.5,3.6,3.7 and 3.8, introducing Thoroughfare Corridor Protection Plans (TC PPs), Transportation Corridor Preservation Maps (TCPMs), and associated tables and ordinances, to proved for the protection and acquisition of existing and future transportation corridors. [Coordinator: Don Scott, Transportation Planning Director] Nick Casalanguida reported that the Environmental Advisory Council had given unanimous approval on this Petition previously; it has since been condensed after County Attorney review(see attachment). It was noted that the language has been changed so that the County does not have to mitigate for preserve land taken when constructing a road. Public- Nicole Ryan, Conservancy of Southwest Florida feels that it is unfortunate that mitigation has been removed for preserves. She suggested looking at incorporating medians as water treatment. The Conservancy of Southwest Florida plans to participate in creating the language for the Thoroughfare Corridor Protection Plan. She suggested that a member of the Environmental Advisory Committee also join. Nick Casalanguida agreed to relay Dr. Hushon's concerns with taking preserves with no mitigation when he makes the presentation to the Board of County Commissioners. Mr. Penniman moved to recommend approval of CPSP-2005-15 with strong support for the public process that this move from the policy to LDC and that deep concern is expressed about taking of preserve land which should be mitigated for. Second by Mr. Hughes. Motion carried unanimously 8-0. The meeting recessed for lunch at 11:58 a.m. reconvening at 12:40 p.m. Lee Horn did not rejoin the meeting after the lunch recess. 6 March 7, 2007 Mr. Hill moved to interchange the next two agenda line items. Second by Mr. Sorrell. Motion carried unanimously 7-0. E. Winchester Lake Additional Depth Section 16, Township 48 South, Range 28 East [Coordinator: Stan Chrzanowski, Senior Engineer] - Presenters were sworn in. Stan Chrzanowski demonstrated the location of the project. He mentioned that originally they were going to dig 25 ft. down. They would like to turn the project into residential so they need to get permission to dig 5 feet deeper. He does not see a downside to the project. Michael Delate, Q Grady Minor& Associates added that the project is 650 acres that have already been impacted. He requested that the protected species survey be deferred so that excavation can continue. Mr. Hughes expressed concerns with hitting aquifers and cross contamination. He suggested that it could be used as a reservoir pond in the future. Brian Barnes responded that a monitoring plan and best management practices can be set up. Discussion ensued on the possibility of the developer filing for a PUD in the future. County Staff requested that the wildlife survey stipulation remain, since they have not had the opportunity to evaluate the site. Mr. Hill moved to recommend approval as stipulated by staff. Second by Mr. Dolan. It was the Committees concern that the protected species survey can be worked out in the field with staff. Motion carried unanimously 7-0. F. CP2005-12, Petition requesting and 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 7 March 7, 2007 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 29,31,32, Township 49 South, Range 27 East, consisting of 950 acres. [Coordinator: Corby Schmidt, Principal Planner] Mr. Penniman,Mr. Sorrell,Dr. Hushon and Mr. Jacobsen disclosed visitation of the project site. Wayne Arnold, Q Grady Minor& Associates noted that the project is 950 acres proposed amendment to re-establish the mining rights. He introduced the team for the project. Joe Bonness, Southern Sand & Stone gave a power point presentation(see attachment) demonstrating the location of the land. They had looked for a large plot of land away from the larger population for mining. He demonstrated the location of the local mines and the current land use of surrounding lands, along with a map showing lime rock and wet land location in the surrounding areas. A map of Red Cockaded Woodpecker habitat was shown(see attachment). He added that the habitat land will need human assistance to be able to continue as Red Cockaded Woodpecker habitat. He mentioned how some wildlife take advantage of the mining plants attributes. He demonstrated proposed streets,preserves, and mines noting that the road would be one way with speed restrictions. If the land were used for farming it would take about 550 acres the mining lakes and service area should take around 450 acres. Wayne Arnold reviewed the "Environmental Advisory Council Staff Report" (see attachment). He would like the language to: - Continue as `permitted use by right'. - Have a minimum of 55% of present native vegetation retained onsite with 60% for total preservation. - Be eligibility for TDR credits. - Have an attachment demonstrating which lands will be mined. - Night hulling permitted. - 450 acres capped for mining and mining-related activities. Wayne Arnold agreed with Mr. Dolan's suggestion of placing a conservation easement on the lands outside of the 450 mining acres. Roy DeLatell noted that new birds were seen on the Hussey property but it is unknown from where they originated. He feels that the proposed preserved land can hold more than two Red Cockaded Woodpecker clusters. 8 March 7, 2007 Joe Bonness responded to Mr. Penniman's issue that it is understood that some of the best mining could very well be under the Red Cockaded Woodpecker habitat. Rich Yovanovich from Goodlette, Coleman & Johnson,P.A. committed that the blue area on the displayed maps are the locations of the mining operation and a conservation easement will be placed on the white areas. It is their position that the lands are sending and therefore should be compensated for giving up the residential uses on the property even after earth mining. The funds from the TDR's will be utilized for habitat management. It was noted that Dr. Hussey owned all the rights of the property including oil and mineral rights. Dr. Hushon suggested that the Transportation Department should address the night hauling issue. She also suggested looking at changing the property to neutral lands. Joe Bonness responded that the mining lake to the South is estimated to be dug down around 50 feet while the lake to the North might have locations that can be dug to 85 feet. Dr. Hushon suggested having a shelf around the lake for wading birds. Rich Yovanovich agreed that they planned on putting in a shelf Ray DeLatell noted that artillery sites have been some of the best locations for the Red Cockaded Woodpecker in response to Mr. Penniman's concern with loud noises. Blasting times being of minimal consequence was discussed. Areas can be pre-blasted for the Red Cockaded Woodpeckers nesting season. Truck noises were also discussed. Joe Bonness agreed not to build roads near nests during nesting season. Rich Yovanovich reviewed the benefits of the project as the addition of 100 preserved acres since the land will not be used for farming, development rights are being given up and Collier County needs the material to be mined. Corby Schmidt, Comprehensive Planning Department made known that staff recommendations included that the use remain `conditional' because the approval process would be significantly different, preservation remain at 80% with 55% on site preservation, and no night hauling so the that the animals active at that time not be disturbed. It is agreeable to move the 350 acre maximum mined acreage to 400 with enhanced littoral areas. The `right-to- n farm' would not be as easy to get as presented. Staff stipulation gave the 9 March 7, 2007 alternative to grant TDR's for the undisturbed lands. The hauling routs for trucks need to be looked at carefully. County Staff brought out that the land is within priority panther habitat. A commercial excavation permit does require a neighborhood informational meeting, advertising, planning commission hearing, traffic or zoning review. A `right-to-farm' was issued. The mining lakes would not technically require a littoral shelf, they are only required for storm water ponds. Rich Yovanovich committed to 15 acres of littoral shelf, and limiting the use to mining practices only. Maureen Bonness preferred that the TDRs be permitted on the lake lands so that there will be funding for land management, with the potential to have an endowed fund with a board of directors. Mr. Hill moved to recommend approval of the project with their concessions along with the stipulation that funds from the lake TDRs go toward an endowment fund and accept what the applicant is asking. Second by Mr. Dolan. Rich Yovanovich agreed to: - 15 acres to lake littorals - Lake TDRs going to an endowment fund with a board going for non-lake acres - 60%native preservation requirement with 55% on site, 5% off site - 400 acres of lake excavation area according to the demonstrated map - No road building during nesting season - Permitted use for only earth mining, asphalt, and concrete plants - Take steps to control noise from hauling - Rescind the agricultural permit upon adoption - Prohibit all residential building Motion was 4-3 with Mr. Penniman,Dr. Hushon, and Mr. Jacobsen against. Jeff Wright read from the ordinance: "An affirmative vote of 5 or more members shall be necessary in order to take official action regardless of whether 5 or more members are present." Dr. Hushon moved to accept as a `conditional use' not `permitted', no TDRs for the lake area, 80% preservation and other than that have it set up as the previous motion. The motion was not considered due to a lack of second. 10 March 7, 2007 The presenters asked for a moment of discussion. The meeting continued with the idea to return to the line item. VIII. Old Business Summer Arague presented that Hamilton Greens Residential PUD was adopted by the Board of County Commissioners. Mr. Hughes announced that South Florida Water Management issues have taken in the Environmental Advisory Committee concerns. IX. New Business Mr. Hughes will present the Four Year Review of the Environmental Advisory Committee to the Board of County Commissioners on March 13th at 10:30 a.m. X. Subcommittee Reports None XI. Council Member Comments A. Discuss Applicants Contacting Members/Provide Members with County E-mail Summer Arague asked if applicants can contact Committee Members through home telephone numbers,personal email, or a County email address. The Committee agreed that the County contact them with the requesting person's information. VII. Land Use Petitions (continued) F. CP2005-12, Petition requesting and 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 29,31,32, Township 49 South,Range 27 East, P'•• consisting of 950 acres. 11 March 7, 2007 [Coordinator: Corby Schmidt, Principal Planner] Rich Yovanovich agreed to accommodate 80%preservation, with no TDRs from the lakes, and putting the non mining land into conservation. Mr. Sorrell moved to approve with the following stipulations: 80% preservation, 15 acres to lake littorals, it will be set as a `permitted use', lake TDRs going to an endowment fund for threatened and endangered species with a board going toward non-lake acres, 400 acres of lake excavation area according to the demonstrated map, no road building during nesting season,permitted use for only earth mining, asphalt, and concrete plants,take steps to control noise from hauling, rescind the agricultural permit upon adoption, prohibit all residential building, non mining land (or the white area as shown on the demonstrated map) be in conservation. Second by Mr. Dolan. Motion carried 5-2 with Mr. Jacobsen and Mr. Penniman opposed. Mr. Jacobsen objected to it being a `permitted use'. Mr. Penniman objected to the motion because he feels it is clearly in contradiction to the concept of`sending lands'. XII. Public Comments None There being no further business for the good of the County,the meeting was adjourned by the order of the Chair at 4:10 p.m. ***** COLLIER COUNTY ENVIRONMENTAL ADVISORY COUNCIL Chairman William Hughes These Minutes approved by the Board/Committee on as presented or as amended n 12 STATEMENT OF UTILITY PROVISIONS FOR PUD E NE REQUEST APPLICANT INFORMATION NAME OF APPLICANT(S) A. Grover Matheney, as Successor Trustee, Under that Certain Land Trust Agreement, Dated June 29, 1988 ADDRESS 2351 SW 37TH Avenue, Apt. 1112 CITY Miami STATE FL ZIP 33145 TELEPHONE # 011-507-228-0222 CELL # N/A FAX # 044-507-228-0614 E-MAIL ADDRESS: N/A ADDRESS OF SUBJECT PROPERTY (IF AVAILABLE): South side of Immokalee Road, approximately one quarter mile west of the 1-75/Immokalee Road Interchange LEGAL DESCRIPTION Section/Township/Range 30 /48 South / 26 East Lot: Block: Subdivision: Plat Book Page #: Property I.D.#: Metes & Bounds Description: The west 1/2 of the northeast 1/4 of the northwest % of Section 30, Township 48 South, Range 26 East, Collier County, Florida, less and excepting therefrom: the north 100 feet thereof and the lands described in: OR Book 374, Pages 572-573, OR Book 1545, Pages 443-444, and OR Book 1837, Pages 1099-1101 of the Public Records of Collier County. TYPE OF SEWAGE DISPOSAL TO BE PROVIDED (Check applicable system): a. COUNTY UTILITY SYSTEM b. CITY UTILITY SYSTEM 1 1 c. FRANCHISED UTILITY SYSTEM 1 1 PROVIDE NAME d. PACKAGE TREATMENT PLANT I I (GPD capacity) e. SEPTIC SYSTEM TYPE OF WATER SERVICE TO BE PROVIDED a. COUNTY UTILITY SYSTEM N b. CITY UTILITY SYSTEM c. FRANCHISED UTILITY SYSTEM PROVIDE NAME cl. PRIVATE SYS I EM (WELL) 1-1 0'313000-177034`ver.0 i t-MPERFr 0454-007-COC.PPU�30.7 STATEMENT OF UTILITY PROVISIONS—page 2 TOTAL POPULATION TO BE SERVED: Highest demand scenario: 26 hotel units/acre. PEAK AND AVERAGE DAILY DEMANDS: A. WATER-PEAK 138,000 GPD AVERAGE DAILY 46,000 GPD B. SEWER-PEAK 138,000 GPD AVERAGE DAILY 46,000 GPD IF PROPOSING TO BE CONNECTED TO COLLIER COUNTY REGIONAL WATER SYSTEM, PLEASE PROVIDE THE DATE SERVICE IS EXPECTED TO BE REQUIRED: June, 2008 NARRATIVE STATEMENT: Provide a brief and concise narrative statement and schematic drawing of sewage treatment process to be used as well as a specific statement regarding the method of affluent and sludge disposal. If percolation ponds are to be used, then percolation data and soil involved shall be provided from tests prepared and certified by a professional engineer. COLLIER COUNTY UTILITY DEDICATION STATEMENT: If the project is located within the services boundaries of Collier County's utility service system, written notarized statement shall be provided agreeing to dedicate to Collier County Utilities the water distribution and sewage collection facilities within the project area upon completion of the construction of these facilities in accordance with all applicable County ordinances in effect at the at time. This statement shall also include an agreement that the applicable system development charges and connection fees will be paid to the County Utilities Division prior to the issuance of building permits by the County. If applicable, the statement shall contain shall contain an agreement to dedicate the appropriate utility easements for serving the water and sewer systems. STATEMENT OF AVAILABILITY CAPACITY FROM OTHER PROVIDERS: Unless waived or otherwise provided for at the pre-application meeting, if the project is to receive sewer or potable water services from any provider other than the County, a statement from that provider indicating that there is adequate capacity to serve the project shall be provided. • • GASPAR STATION PUD STATEMENT OF UTTT ITY PROVISIONS FOR PLTD REZONE REQUEST COLLIER COUNTY UTILITY DEDICATION STATEM:ENT The 17.70 acre Gaspar Station PUD property is located within the potable water service area of the North County Regional Water Treatment Plant and the waste water service area of the North County Water Reclamation Facility. All developed uses (i.e. Retail, Office, Hotel) within the property will receive water and wastewater service from Collier County Utilities. As conditioned by the required Statement of Utility Provisions for PUD Rezone Request, agreement is given for the following: All applicable, constructed water distribution and sewer collection facilities will be dedicated to Collier County Utilities in accordance with all applicable County ordinances in effect at the time of dedication.; Applicable system development charges and connection fees will be paid to the County Utilities Division prior to the issuance of building permits by the County; --- All appropriate utility easements serving the water and sewer systems shall be dedicated to Collier County Utilities. Statement provided by Sean R. Weeks, P.E. of SRW Engineering, Inc. Signature Typed or Printed Name 1(..7-- 11 _ • The foregoing instrument-was ackm)wledged before me this / day of C , 20L I by rki k. . kJ& (:. who is personally known to me or has produced Nis identification. / 0 . / (Signature of Notciry Public-Stdte qfFlorida) - , DIANA L.BERTOLOTTI otvary Stamp *: L k COMMIS ION DD 524523 EXPIRES:March 1,2010 r.dsd Tura Notary Public Undarw'r---- , l GASPAR STATION PUD STATEMENT OF UTILITY PROVISIONS FOR PUD REZONE REQUEST NARRATIVE STATEMENT The 17.70 acre Gaspar Station PUD property is located within the potable water service area of the North County Regional Water Treatment Plant and the waste water service area of the North County Water Reclamation Facility. All developed uses (i.e. Retail, Office, Hotel)within the property will receive water and wastewater service from Collier County Utilities. For purposes of this rezoning application, the highest demand scenario of 26 hotel units per acre provides 460 total units with a peak demand of 138,000 gpd. Please refer to attached demand calculations. Narrative prepared by Sean R. Weeks, P.E. of SRW Engineering, Inc. L;_.PJ)D I-MI at3.' e' 6A8PA3STATION PUD-GTATEMENTQFUTILITY PRQVI:3K}N ESTWTED POTABLE WATER DEMANDS EASED ON PUD ALLOWABLE INTENSITV PER FAC 84-E0 Peakinc Factor 3.0 COMMERCIAL USE DAILY DEMAND COMM. DEMAND AVERAGE PEAK (S.F.) GPD S.F. GPD GPM GPD GPM TOTAL 132750 0.3 39825 27.7 119475 83.0 OFFICE USE OFFICE DEMAND (S.F.) GPD/aF. TOTAL 265e00 0.15 39825 27.7 119475 83.0 HOTEL USE HOTEL DEMAND UNITS opo/uw/r TOTAL 460 100 48000 31.3 138000 95.8 FOR PURPOSES OF DESIGN,THE HOTEL USE IS SELECTED AS IT GENERATES THE HIGHEST DEMAND SCENARIO • 2808033 OR: 2838 PG: 2312 %.:4:,-,:::: ,....5rAri 11CORDID in OIIICIAL R1COIDI of COMM COM, IL "',"•'"'`' < *% ti"°` 06/07/2001 at 11:50A1 DACE! I. B1OCI, CLIII .: { t;," RIC HI 10.50 •z,: Parcel ID Number: CEJ/l'f�p'�'Cc�y. Rein: K00'I 108I1801 IT Al •.r. Grantee#1 TIN: 501 BIICIILL HT DI 1500 ": , KIAKI IL 33131 2608 - Y , .a: Trustee's Deed Yf1.. L 1 ir j 44N40y7 This Indenture, Made this r day of December,200?, A.D., Between , '4.•.-;- ,!„":1 ,-,,, Owen M.Ward,as Trustee, and individually of the County of Collier, State of FLORIDA, grantor,and r:,,;:}:;' • A. Grover Matheney, as Successor Trustee, under that certain Land Trust Agreement, '.t,.,:;;r ;. ''''''i.:--;`` dated June 29, F8 .*�was u. w ',,.,Y, whose address is: do Wesley M. Robinson,501 Brickell Key Drive,Suite 504,Miami,Florida 33131 ,T :..,; .:N.',.'. } t , � �?, of the County of Miami-Dade State of FLORIDA ,grantee. <_:l' Witnesseth that the GRANTOR,for and in consideration of the sum of - x ' ilv .1•. 1 l :.. ,'.--;--,z1,=-,1,` , -------------TEN & NO/100 (510.00)- -- ------- --- DOLLARS and *` .1-:;- 1'z':!-. : ' other good and valuable consideration to GRANTOR in hand paid by GRANTEE, the receipt whereof is hereby ,;.:,.1,5:1-f.,1/,'!',' acknowledged,has granted,bargained and sold to the said GRANTEE and GRANTEE'S heirs and assigns forever, '; t' j the following described land,situate,lying and being in the County of COLLIER State of Florida to wit: r t _.`e' ` SEE EXHIBIT 0,'.. -: f 4't'i{Y;. ,' ` '1,. 'Said Trustee shall have full power and authority to protect, conserve, and to ';'. r sell, or to lease, or to encumber, or otherwise to manage and dispose of the f real property descr.. ed herein pursuant to the provisions of Florida Statutes section 689.071. ` r Upon the death or incompetency, of A. Grover Matheney, or his resignation as ~� { Trustee, Ala❑ G. Matheney shall become the Successor Trustee with all the ,' powers set forth herein. x ''yrs . ,',', 0'.', Owen M. Ward, as Trustee, the grantor, does hereby certify that he currently '.:i, resides at 204 Bay Point, North Naples, Florida, that neither he nor his familyupon property 4 has ever resided a on the above-describedor anycontiguous •,•n':.. property and that the above-described property does not now and has never in 'o.�%; r` = ' ,, the past constituted his homestead. f Subject to current taxes, easements, reservations, encumbrances, limitations, ' and restrictions of record. ;',• •;' and the GRANTOR covenants with GRANTEE that GRANTOR has good right and lawful authority to sell and s convey the property and GRANTOR warrants the title to the property for any acts of GRANTOR and :-,,(::;';'"';,;7- will defend the title against the lawful claims of all persons claiming by,through,or under GRANTOR. r } ' ,, IN WITNESS WHEREOF, the grantor has hereunto set his hand and seal the day and year first above -t written. ' Signed,sealed and delivered in our presence: 4 ��_�--"••.--- til � _ / • T t . Printed Name: 11,<-1.- •S C• G r,1,.. ---. Owen M. Ward,as Trustee, and individually i , s `1 n /. , 966 97th Avenue North,NAPLES,Florida 33963 la ' Printed Name: i CY'Ct Fri C`t CL ;fl,::‘,-,-::-.„ , -,.-/..,,,..-,-, Witness STATE OF FLORIDA COUNTY OF Cu\ a The foregoing instrument was acknowledged before me this er day of December, 200ft by Owen T1. Ward, as Trustee who is personally known to mc or has produced his Florida Driver's License as ;,.':••.,, ,' identification. This document was prepared by: Wesley M.Robinson,Esq. Printed Name: �_ Howe,Robinson&Watkins,LLP NOTARY PUBLIC ,- .. 501 Brickell Kev Drive.Suite 504 My CommissionRapirtg,.;Th*NI• %a• 1 * OR: 2838 PG: 2313 x" • EXHIBIT"A" LEGAL DESCRIPTION • The West one-half(w''A)of the Northeast one-quarter(NE'/)of the Northwest one-quarter(NW ' )of Section Thirty(30),Township Forty-eight(48)South,Range Twenty-six(26)East LESS AND EXCEPTING THEREFROM: ,, The North 100 feet thereof, and The Lands described in: O.R.Book 374,Pages 572-573; O.R.Book 1545,Pages 443-444; and O.R.Book 1837,Pages 1099-1101;of the Public Records of Collier County,Florida. • • t11. )(y F:IDATAMDILEALAWARD\Muheneylssues1Leaai-ExhitittA.doc COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE DEPT. OF ZONING & LAND DEVELOPMENT REVIEW NAPLES, FLORIDA 34104 WWW.COLLIERGOV.NET (239) 403-2400 FAX (239) 643-6968 -01'144 4 U an/Ii l `o 0, A APPLICATION FOR PUBLIC HEARING FOR: PUD REZONE (PUDZ) PUD TO PUD REZONE (PUDZ-A) PETITION NO (AR) PROJECT NAME PROJECT NUMBER To be completed by staff DATE PROCESSED ASSIGNED PLANNER APPLICANT INFORMATION NAME OF APPLICANT(S) A. Grover Matheney, As Successor Trustee, Under That Certain Land Trust Agreement, Dated June 29,1988 ADDRESS 2351 SW 37th Avenue, Apt. 1112 CITY Miami STATE FL ZIP 33145 TELEPHONE # 011-507-228-0222 CELL # N/A FAX# 044-507-228-0614 E-MAIL ADDRESS: N/A NAME OF AGENT R. Bruce Anderson, Esq.; Roetzel & Andress. L.P.A. ADDRESS 850 Park Shore Drive, Trianon Center, Third Floor CITY Naples STATE FL ZIP 34103 TELEPHONE # 239-649-2708 CELL# N/A FAX# 239-261-3659 E-MAIL ADDRESS: banderson ralaw.com NAME OF AGENT Margaret Perry, AICP; WilsonMiller, Inc. ADDRESS 3200 Bailey Lane, Suite 200 CITY Naples STATE FL ZIP 34105 TELEPHONE # 239-649-4040 CELL # N/A FAX# 239-263-6446 E-MAIL ADDRESS: margaretperrywilsonmiller.com 1013/2006-177034 Ver:01!-MPERRY CA443 40454-007-000-PPUD-30971 BE AWARE THAT COLLIER COUNTY HAS LOBBYIST REGULATIONS. GUIDE YOURSELF ACCORDINGLY AND ENSURE THAT YOU ARE IN COMPLIANCE WITH THESE REGULATIONS. ASSOCIATIONS Complete the following for all Association(s) affiliated with this petition. Provide additional sheets if necessary. NAME OF HOMEOWNER ASSOCIATION: Juliet Boulevard Roadway Association, Inc. MAILING ADDRESS 821 Fifth Avenue South CITY Naples STATE FL ZIP 34102 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. Name and Address Percentage of Ownership 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 Ownership A.Grover Matheney 100% 1013/2006-177034 Ver:01!-MPERRY CAi43 40454-007-000-PPUD-30971 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 e. If there is a CONTRACT FOR PURCHASE, with an individual or individuals, a Corporation, Trustee, or a Partnership, list the names of the contract purchasers below, including the officers, stockholders, beneficiaries, or partners. Name and Address Percentage of Ownership Date of Contract: 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: June 29, 1988 I leased Term of lease yrs./mos. If, Petitioner has option to buy, indicate the following: Date of option: Date option terminates: , or Anticipated closing date h. 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. 10/3/2006-177034 Ver 01!-MPERRY CA%C3 3 N0454-007-000-PPUD-30971 PROPERTY LOCATION Detailed legal description of the property covered by the application: (If space is inadequate, attach on separate page.) If request involves change to more than one zoning district, include separate legal description for property involved in each district. Applicant shall submit four (4) copies of a recent survey (completed within the last six months, maximum 1" to 400' scale) if required to do so at the pre-application meeting. NOTE: The applicant is responsible for supplying the correct legal description. If questions arise concerning the legal description, an engineer's certification or sealed survey may be required. Section/Township/Range 30 /48 South / 26 East Lot: Block: Subdivision: Plat Book 2838 Page #: 2312 Property I.D.#: 00198280004 Metes & Bounds Description: Please see PUD Document, Section, 1.2 Size of property_ ft. X ft. = Total Sq. Ft. Acres 17.7 Address/general location of subject property: The project site is located within Interchange Activity Center#4, on the south side of lmmokalee Road(CR 846), approximately one quarter mile west of the I-75/Immokalee Road Interchange. PUD District(LDC 2.03.06): ❑ Residential ❑ Community Facilities ® Commercial ❑ Industrial ADJACENT ZONING AND LAND USE Zoning Land use N PUD Carlton Lakes S _ PUD Livingston Lakes E PUD Interchange Commercial, Donovan PUD (Super Wal-Mart) W A A, undeveloped property Does the owner of the subject property own property contiguous to the subject property? If so, give complete legal description of entire contiguous property. (If space is inadequate, attach on separate page). No Section/Township/Range Lot: Block: Subdivision: Plat Boo Page #: Property I.D.#: Metes & Bounds Description: 10/3/2006-177034 Ver:01!-MPERRY CAp43 40454-007-000-PPUD-30971 REZONE REQUEST This application is requesting a rezone from the PUD zoning district(s) to the PUD zoning district(s). Present Use of the Property: Vacant, with the following infrastructure improvements: Juliet Boulevard, sidewalk, water, sewer, street lights paid for by property owner. Proposed Use (or range of uses) of the property: Interchange activity center uses; Please see Section 3.1 of PUD Document Original PUD Name: Stiles PUD Ordinance No.: 97-74 10/3/2006-177034 Ver:011-MPERRY coxal 40454-007-000-PPUD-30971 • EVALUATION CRITERIA Pursuant to Section 10.02.13 of the Collier County Land Development Code, staffs analysis and recommendation to the Planning Commission, and the Planning Commission's recommendation to the Board of County Commissioners shall be based upon consideration of the applicable criteria noted below. Provide a narrative statement describing the rezone request with specific reference to the criteria noted below. Include any backup materials and documentation in support of the request. PUD Rezone Considerations (LDC Section 10.02.13.B) 1. The suitability of the area for the type and pattern of development proposed in relation to physical characteristics of the land, surrounding areas, traffic and access, drainage, sewer, water, and other utilities. The subject property is already zoned PUD and is located within the Interstate Activity Center Subdistrict. The purpose of this Subdistrict is to allow for a mixture of land including the full array of commercial uses, residential and non-residential uses, hotel/motel uses, business parks, and industrial uses. The project has direct access onto Immokalee Road via the shared access road (Juliet Boulevard), and County water, sewer, and other utilities are available to the site. 2. Adequacy of evidence of unified control and suitability of any proposed agreements, contract, or other instruments, or for amendments in those proposed, particularly as they may relate to arrangements or provisions to be made for the continuing operation and maintenance of such areas and facilities that are not to be provided or maintained at public expense. Findings and recommendations of this type shall be made only after consultation with the county attorney. Please see copy the Warranty Deed included with this application. 3. Conformity of the proposed PUD with the goals, objectives and policies of the growth management plan. Please see the PUD Document, Statement of Compliance. 4. The internal and external compatibility of proposed uses, which conditions may include restrictions on location of improvements, restrictions on design, and buffering and screening requirements. The Interstate Activity Center Subdistrict allows for the full array of commercial uses; therefore the uses proposed uses for the project are compatible with those allowed in the Subdistrict. Section 3.4 of the PUD document provides buffering and screening standards. Section 4.6 of the PUD document provides details of the transportation related development commitments for the project. 5. The adequacy of usable open space areas in existence and as proposed to serve the development. 10/3/2006-177034 Ver:01!-MPERRY CA343 6 N0454-007-000-PPUD-30971 • Section 2.13 of the PUD document and the PUD master plan outline the open space requirements for the project. 6. The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private. Please see the PUD Document, Statement of Compliance, item #7. 7. The ability of the subject property and of surrounding areas to accommodate expansion. The 17.7-acre site is located within the Interstate Activity Center Subdistrict. Lands to the east of the site, also within the Subdistrict are developed. Lands to the south of site are residentially zoned and developed, and lands to the west are vacant and zoned Agriculture. 8. Conformity with PUD regulations, or as to desirable modifications of such regulations in the particular case, based on determination that such modifications of justified as meeting public purposes to a degree at least equivalent to literal application of such regulations. This PUD will conform to regulations except for the deviations from LDC as outlines in Section 2.4 of the PUD document. Deed Restrictions: The County is legally precluded from enforcing deed restrictions, however, many communities have adopted such restrictions. You may wish to contact the civic or property owners association in the area for which this use is being requested in order to ascertain whether or not the request is affected by existing deed restrictions. N/A Previous land use petitions on the subject property: To your knowledge, has a public hearing been held on this property within the last year? Yes ® No If so, what was the nature of that hearing? 1013/2006-177034 Ver:01!-MPERRY CA#43 140454-007-000-PPUD-30071 NOTICE: This application will be considered "open" when the determination of "sufficiency" has been made and the application is assigned a petition processing number. The application will be considered "closed" when the petitioner withdraws the application through written notice or ceases to supply necessary information to continue processing or otherwise actively pursue the rezoning for a period of six (6) months. An application deemed "closed" will not receive further processing and an application "closed" through inactivity shall be deemed withdrawn. An application deemed "closed" may be re-opened by submitting a new application, repayment of all application fees and granting of a determination of "sufficiency". Further review of the project will be subject to the then current code. (LDC Section 10.03.05.Q.) II 10132006-177034 Ver 011-MPERRY 8 CAP-43 N0454-007-000-PPUD-30971 [ AFFIDAVIT I, A. Grover Matheney, Successor Trustee under that certain Land Trust Agreement dated June 29, 1988, being first duly sworn, depose and say that I am the owner of the property described herein and which is the subject matter of the proposed hearing; that all the answers to the questions in this application, including the disclosure of interest information, all sketches, data, and other supplementary matter attached to and made a part of this application, are honest and true to the best of our knowledge and belief. I understand that the information requested on this application must be complete and accurate and that the content of this form, whether-computer generated or County printed shall not be altered. Public hearings will not be advertised until this application is deemed complete, and all required information has been submitted. As property owner I further authorize R.Bruce Anderson of Roetzel &Andress and Margaret Perry of WilsonMiller, Inc. to act as my representative in any matters regarding this Petition. 4 �` - re of Property Owner Signature of Property Owner A. Grover Matheney, Trustee Typed or Printed Name of Owner Typed or Printed Name of Owner The foregoing instrument was acknowledged before me this / day of akber. , 20 o[ , by 4, 'nx, ,-Jta h , who is personally ,nown o me or has produced as ict ntification. ... State of (Signat w ,o---.0,... Pu tic- State of County of Florida) Licdo. AUGUSTO C. AROSEMENA S. Notario Publico Uadecisso (Priv . Type. or Stamp Commissioned ,---. Name of Notary Public) I 9/1.9/2,3N-177034 Wer.p11-4PPER;cv t i CM3 COVENANT OF UNIFIED CONTROL The undersigned do hereby swear or affirm that we are the fee simple titleholders and owners of record of property commonly known as Gaspar Station Commercial PUD (Street address and City, State and Zip Code) and legally described in Exhibit A attached hereto. The property described herein is the subject of an application for commercial planned unit development (CPUD) zoning. We hereby designate R.Bruce Anderson and Margaret Perry , legal representative thereof, as the legal representatives of the property and as such, these individuals are authorized to legally bind all owners of the property in the course of seeking the necessary approvals to develop. This authority includes, but is not limited to, the hiring and authorization of agents to assist in the preparation of applications, plans, surveys, and studies necessary to obtain zoning approval on the site. These representatives will remain the only entity to authorize development activity on the property until such time as a new or amended covenant of unified control is delivered to Collier County. The undersigned recognize the following and will be guided accordingly in the pursuit of development of the project: 1. The property will be developed and used in conformity with the approved master plan including all conditions placed on the development and all commitments agreed to by the applicant in connection with the planned unit development rezoning. 2. The owner identified herein is responsible for compliance with all terms, conditions, safeguards, and stipulations made at the time of approval of the master plan, even if the property is subsequently sold in whole or in part, unless and until a new or amended covenant of unified control is delivered to and recorded by Collier County. 3. A departure from the provisions of the approved plans or a failure to comply with any requirements, conditions, or safeguards provided for in the planned unit development process will constitute a violation of the Land Development Code. 4. All terms and conditions of the planned unit development approval will be incorporated into covenants and restrictions which run with the land so as to provide notice to subsequent owners that all development activity within the planned unit development must be consistent with those terms and conditions. 5. So long as this covenant is in force, Collier County can, upon the discovery of noncompliance with the terms, safeguards, and conditions of the planned unit development, seek equitable relief as necessary to compel DEp ompliance. The County will not issue permits, certificates, or licenses to occupy or use any part of the Q0, '4-k ned unit development and the County may stop ongoing construction activity until the project is brought �`` •-- • pliance with all terms, conditions and safeguards of the planned unit development. ji , r . <i ' *+, Owner Owner A. Grover Matheney, Successor Trustee Printed Name Printed Name STATE OF COUNTY OF Sworn to (or affirmed) and subscribed before me this ./YL' day ofL re.°— , 20 .by i ,.=`~T v �'vb=' 'el.1 who is personally ; o vn to )7(}1]� or has produced f as identification. �. / Ail ?':'. �r (Name type , printed or stamped) m * .. t Ndl l g (Serial Number, if any) v y ' 10/3/2006-177034 Ver:01!-MPEPRY 12 9 �"-. �A �- CAr43 - v.•-n N0454-007-000-PPUD-30971 EAC Meeting April 4 , 2007 Gaspar Station PUD Master Plan Map PUDZ-PL20060010698 The map is too large to scan but, can be found at Board's Minutes and Records Dept., 4th Floor, Building F 3299 Tamiami Trail East Naples, Florida 4j Exhibit A GASPAR STATION CPUD COMMERCIAL PLANNED UNIT DEVELOPMENT 17.7 Acres located in Section 30, Township 48 South, Range 26 East Collier County, Florida PREPARED FOR: A. Grover Matheney, As Successor Trustee 2351 SW 37th Avenue, Apt. 1112 Miami, FL 33145 PREPARED BY: R. Bruce Anderson Roetzel & Andress, L.P.A. 850 Park Shore Drive Trianon Centre, Third Floor Naples, FL 34103 AND Margaret Perry, AICP WilsonMiller, Inc. 3200 Bailey Lane, Suite 200 Naples, Florida 34105 DATE FILED: October 20, 2006 DATE APPROVED: ORDINANCE NUMBER: TABLE OF CONTENTS PAGE TABLE OF CONTENTS/LIST OF EXHIBITS SHORT TITLE iii SECTION I LEGAL DESCRIPTION, PROPERTY 1-1 OWNERSHIP, & GENERAL DESCRIPTION SECTION II PROJECT DEVELOPMENT 2-1 SECTION III INTERCHANGE COMMERCIAL LAND USE DISTRICT 3-1 SECTION IV PRESERVE/NATIVE VEGETATION DISTRICT 4-1 SECTION V DEVELOPMENT COMMITMENTS 5-1 LIST OF EXHIBITS Exhibit A CPUD Master Plan T.173302 Ver 081-MPERRY 11 i N0454,004-001 PPUD-25406 SHORT TITLE This ordinance shall be known and cited as "THE GASPAR STATION COMMERCIAL PLANNED UNIT DEVELOPMENT ORDINANCE." / 1/3302 Ver 08MPERRY �11 N0454 004-001 PPOD 25406 SECTION I LEGAL DESCRIPTION, PROPERTY OWNERSHIP, AND GENERAL DESCRIPTION 1.1 PURPOSE The purpose of this Section is to set forth the legal description and ownership of the project, and to describe the existing condition of the property proposed to be developed. 1.2 LEGAL DESCRIPTION The project contains approximately 17.7 acres and is described as follows: The west 1/2 of the northeast ' of the northwest ' of Section 30, Township 48 South, Range 26 East, Collier County, Florida. less and excepting therefrom: the north 100 feet thereof and the lands described in: OR Book 374, Pages 572-573, OR Book 1545, Pages 443-444, and OR Book 1837, Pages 1099-1101 of the Public Records of Collier County. 1.3 PROPERTY OWNERSHIP The subject property is currently under the ownership of A. Grover Matheney, as .-� successor trustee, to Owen Ward, Trustee, under that certain land trust agreement dated June 29, 1988, with the following address: 2351 SW 37th Avenue, Apt. 1112; Miami, FL 33145. /-173302 Ver 08.-MPERRY 1-1 N04 54004-001-PPUD-25406 1 SECTION II PROJECT DEVELOPMENT 2.1 PURPOSE The purpose of this Section is to generally describe the plan of development for the project, and to identify relationships to applicable County ordinances, policies, and procedures. 2.2 GENERAL DESCRIPTION OF PROJECT PLAN AND PROPOSED LAND USES The project includes a range of interchange commercial uses, stormwater management, lakes, and buffer areas. The CPUD Master Plan is illustrated graphically on Exhibit "A." The developer intends to establish project wide guidelines and standards to ensure a high and consistent level of quality for the proposed land uses. Uniform guidelines and standards will be created for such features and facilities as landscaping, signage, lighting, roadway treatments, fences, wall, buffers, berms and other similar features. The project will comply with the Architectural Review Guidelines as adopted in the Land Development Code (LDC). A Land Use Summary indicating approximate land use acreage is shown on the Master Plan. 2.3 GENERAL PERMITTED USES Certain uses shall be considered general permitted uses throughout the Gaspar Station Commercial CPUD except in the Preserve/Native Vegetation District. General permitted uses are those uses which are typically part of the common infrastructure. A. General Permitted Uses: 1. Water management facilities and related structures including lakes with bulkheads or other architectural or structural bank treatments. 2. Guardhouses, gatehouses, and access control structures. 3. Architectural features and elements including walls, fences, arbors, gazebos and the like. 4. Temporary construction and administrative offices for the developer and developer's authorized contractors and consultants, including necessary access ways, parking areas and related uses. 5. Landscape/hardscape features including, but not limited to landscape buffers, berms, fences, water features and walls. 6. Fill storage, site filling and grading are subject to the standards set forth in Section 2.8 of this CPUD. B. Development Standards: The following development standards shall apply to General Permitted Uses: 3 / 1/3302 Ver o6!-MPERRY —1 V454-004-001 PPUD 25406 1. Guardhouses, gatehouses, signage, landscape features, and access control structures shall be set back a minimum of ten feet from property lines. 2. Other general permitted uses (except fences) shall be set back a minimum of five feet from property lines. 3. Maximum height of General Permitted Uses buildings—Thirty five feet . 4. Minimum floor area - None required. 5. Minimum lot or parcel area - None required. 6. Standards for parking, landscaping, signs and other land shall be in accordance with the LDC provision in effect at the time of site development plan application. 3 113302 Ver 08,-MPERRY 2-2 '10454-004 00' PPUD 25406 SECTION III INTERCHANGE COMMERCIAL LAND USE DISTRICT 3.1 PURPOSE The purpose of this Section is to set forth the permitted uses and development standards for the development of the project. A. Principal Uses and Structures: No building or structure or part thereof, shall be erected, altered or used, or land uses, in whole or part, for other than the following: 1. Accounting, auditing and bookkeeping services (Group 8721). 2. Amusement and recreation services (Groups 7911-7941, 7991, 7993). 3. Apparel and accessory stores (Groups 5611-5699). 4. Auto and home supply stores (Group 5531). 5. Automotive repair services, and parking (Groups 7514, 7515, 7534, 7542). 6. Building materials, hardware and garden supplies (Groups 5211-5261). 7. Business services (Groups 7311, 7313, 7334-7335, 7371-7379, 7384). 8. Child day care services (Group 8351). 9. Miscellaneous retail (Groups 5912-5963, except pawnshops and all uses dealing with secondhand merchandise, 5992-5999). 10. Depository institutions (Groups 6011-6099). 11. Eating and drinking places (Groups 5812-5813). 12. Electrical repair shops (Group 7622 automotive radio, radio, television, stereo and video recorder repair only, 7629 except aircraft, business and office machines, large appliances such as refrigerators and washing machines). 13. Engineering, accounting, research, management, and related services (Groups 8711- 8713, 8721, 8741-8743, 8748). 14. Food stores (Groups 5411-5499). 15. Gasoline service stations (Group 5541 except marine service stations and truck stops subject to the LDC). r-. .7 173302 Ver MPERRY ,11 -1 \0454-004-00, PPUD-25406 16. Group care facilities (Category I and II); Care units except for homeless shelters; and ,..� nursing homes, subject to the LDC. 17. General merchandise stores (Groups 5311-5399). 18. Health services (Groups 8011-8049, 8082, 8093, 8099). 19. Holding and other investment offices (Groups 6712-6799). 20. Home furniture, furnishings, and equipment stores (Groups 5712-5736). 21. Hotels and motels (Group 7011 in accordance with the development standards in this CPUD Document). 22. Insurance agents, brokers, and service (Group 6411). 23. Insurance carriers (Groups 6311-6399). 24. Libraries (Group 8231). 25. Legal services (Group 8111). 26. Membership organizations (Groups 8611-8661, 8699). 27. Miscellaneous personal services (Groups 7211, 7212, 7215, 7216 non-industrial dry cleaning only, 7221-7251, 7291). 28. Miscellaneous repair services (Group 7631). 29. Museums and art galleries (Group 8412). 30. New and used automobile sales (Group 5511). 31. Nondepository credit institutions (Groups 6111-6163). 32. Paint, glass and wallpaper Stores (Group 5231). 33. Public finance, taxation and monetary policy (Group 9311 property tax assessors' office and taxation departments only). 34. Public order and safety (Groups 9211 and 9224). 35. Real estate (Groups 6512, 6531-6552). 36. Social services (Groups 8322 activity centers, elderly or handicapped, adult day care centers; and day care centers; adult and handicapped only, and Group 8351). 37. United States Postal Service (Group 4311, except major distribution center). 38. Veterinary services (Groups 0742, 0752, excluding outside kenneling). 7 1/3302 Ver 08'-MPERRY 3-2 N0454-00..00' PP073 25406 39. Video tape rental (Group 7841). 40. Any other uses which are comparable in nature with the foregoing uses and are approved through the process set forth in the LDC, in effect at the time of the request for such use. B. Accessory Uses and Structures: 1. Kiosk vendors. 2. Outdoor dining shall be permitted as an accessory use to an eating establishment. 3. Communication facilities including, but not limited to digital, fiberoptic, microwave, satellite, UHF, VHG, FM, AM, short-wave, antennas with related ground mounted dishes and other sending and receiving facilities, subject to applicable permits. 4. Parking structures. 5. Generators. 6. Utility buildings. 7. Chickee or picnic areas. 8. Pool, tennis courts, and recreational amenities associated with a hotel or motel. 9. Any other accessory use which is comparable in nature with the foregoing uses and is approved through the process set forth in the LDC in effect at the time of the request for such use. 3.2 DEVELOPMENT STANDARDS FOR PRINCIPAL AND ACCESSORY USES EXCEPT HOTEL AND MOTEL USE Minimum Lot Area: Ten thousand (10,000) square feet for principal uses; none for accessory uses. Minimum Lot Width: One hundred feet (100') for principal uses; none for accessory uses. Minimum Yard Requirements: From Immokalee Road: Fifty feet (50') for principal uses; twenty feet (20') for accessory uses. Front Yard: Twenty-five feet (25') for principal uses; twenty feet (20') for accessory uses. All other yards: Fifteen feet (15') for principal and accessory uses. Setback from Preserves: Twenty-five feet (25') feet for principal structures; ten feet (10') feet for accessory structures and all other site alterations. There shall be no site alterations within the first 10 feet adjacent to any preserve unless it can be demonstrated that it will not adversely impact the integrity of that preserve. Maximum Height: Thirty-five feet (35') for principal and accessory structures, except for non-functional architectural elements (such as bell towers) which shall have a maximum height of fifty feet (50'). 113302 ye,08MPERRY 3-3 N0454 004-001 P Pl1D 25406 Minimum Floor Area of Principal Structure: Seven hundred (700) square feet of gross floor area for each building on the ground floor. Minimum Floor Area of Accessory Structure: none required. Distance between principal structures: None, or a minimum of five feet (5') with unobstructed passage from front to rear yard. Distance between principal and accessory structures: None required. Minimum standards for lighting and landscaping shall be in accordance with the LDC in effect at the time final local development orders are requested. 3.3 HOTEL AND MOTEL DEVELOPMENT STANDARDS Minimum Lot Area: One (1) acre for principal uses; none for accessory structures. Minimum Lot Width: One hundred fifty feet (150') for principal structures; none for accessory structures. Minimum Yard Requirements: 1. From Immokalee Road: Fifty feet (50') for principal uses and twenty feet (20') for accessory structures. 2. Front Yard: Fifty-five percent (55%) of building height or twenty feet (20'), whichever is greater for principal and accessory structures. 3. All other yards: Twenty feet (20') for principal and accessory structures. Maximum Height: Sixty feet (60') or six stories, whichever is greater, for principal uses and thirty-five feet (35') for accessory uses. Distance between principal structures: Fifteen feet (15') or one-half (1/2) the sum of the building heights, whichever is greater. Distance between principal and accessory structures: none required. Setback from Preserves: Twenty-five feet (25') feet for principal structures; ten feet (10') feet for accessory structures and all other site alterations. There shall be no site alternations within the first 10 feet adjacent to any preserve unless it can be demonstrated that it will not adversely impact the integrity of that preserve. Minimum standards for lighting and landscaping shall be in accordance with the LDC in effect at the time final local development orders are requested. 173302 Ver O8,-MPERRY 3-4 N0454-004-001 PPUD 25406 1 n 3.4 BUFFERS The following identifies the buffer according to land use type: Internal Buffers on: A. Interchange Commercial: 1. 10 feet adjacent to hotel parcel; 2. 10 feet adjacent to internal rights-of-way; 3. 10 feet adjacent to eastern boundary with Donovan PUD; B. Hotel: 1. 10 feet adjacent to commercial parcels; 2. 10 feet adjacent to internal rights-of-way; 3. 10 feet adjacent to eastern boundary with Donovan PUD. The buffer on the southern project boundary shall be kept in native vegetation existing on the site or shall be planted with native vegetation in those areas devoid of native vegetation. 3.5 PROJECT INTENSITY The total acreage of the Gaspar Station CPUD is approximately 17.7 acres. The Interchange Commercial retail and service uses shall be permitted at a rate of 7,500 square feet per gross acre. The office uses shall be permitted at a rate of 15,000 square feet per gross acre and the hotel/motel use is permitted at a rate of 26 units per gross acre. it 173302 Ver 08,-MPERRV 3-5 N0454 004-001-P P U D-25406 IIS .-1 SECTION IV PRESERVE/NATIVE VEGETATION DISTRICT 4.1 PURPOSE The purpose of this Section is to identify permitted uses and development standards for the area within the Gaspar Station CPUD designated on the CPUD Master Plan as "Preserve/Native Vegetation". 4.2 GENERAL DESCRIPTION Areas designated as Preserve/Native Vegetation District on the Gaspar Station CPUD Master Plan are designed to accommodate customary uses in preserve areas. 4.3 PERMITTED USES AND STRUCTURES No building or structure, or part thereof, shall be erected, altered or used, or land or water used, in whole or in part, for other than the following: A. Principal Uses and Structures: 1. Conservation and preserve. 2. Passive recreational areas, pervious nature trails, and other similar uses. 3. Water management structures. .-� 4. Mitigation areas and mitigation maintenance activities. 5. Any other preservation and related open space activity or use which is comparable in nature with the foregoing uses and is approved through the process set forth in the LDC in effect at the time of the request for such use. , 1/3302.Ver 08 MPERRY n_1 10454 004-001 PPUD 25406 `t SECTION V DEVELOPMENT COMMITMENTS 5.1 PURPOSE The purpose of this Section is to set forth the development commitments of the project. 5.2 TRANSPORTATION A. The developer has provided left and right turn lanes on Immokalee Road at Juliet Boulevard. B. The developer has made a fair share contribution toward the capital cost of a traffic signal at the project entrance . C. All traffic control devices on public roadways shall conform to the Manual on Uniform Traffic Control Devices as required by Chapter 316, Florida Statutes. Street signs shall be the sole responsibility of the developer, his successors, or assigns. D. The above required improvements shall be considered "site related" as defined in the LDC and shall not be applied as credits toward any impact fee. E. The developer has previously conveyed a twenty-five foot (25') strip of land to the County by deed recorded in Official Records Book 1545 at Page 443 of the Official Records of Collier County, Florida, for the widening of Immokalee Road. In addition the developer conveyed additional land for the expanded Immokalee right-of-way by deed recorded in Official Records Book 1837 at Page 1099 of Collier County, Florida. F. The developer has provided a cross drain across lmmokalee Road to the canal on the north to be incorporated and provide the County with access to it for use in connection with the six-laning of Immokalee Road. This work was completed and paid for by the developer under an agreement between the developer and the County dated May 4, 1993. G. The original PUD strongly recommended the extension of the then existing four-lane section of Immokalee Road west and through the proposed construction of a four lane median opening on Immokalee Road aligned with the eastern boundary of the project and Pelican Strand (f/k/a Regency Village) to the north of Immokalee Road. The median opening was constructed and paid for by the developer under the agreement with the County dated May 4, 1993. The four-laning has been completed to the west. The four lane extension is subject to a fair share road impact fee credit applicable to the added through lanes. H. The project entry from lmmokalee Road is located along its eastern boundary and aligns with the present median cut and traffic signal on lmmokalee Road at the entrance to The Strand PUD. The entry was designed so that it is interconnected to and is used by the developments that are located to the east of the project and west of 1-75. The inter- connection and use of the entryway by adjoining landowners is pursuant to an existing cross use or cross easement agreement. 1,3302 Ver.08!-MPERRV 5-1 N0454 004 001PPUD-25406 J 1 I. Roads will be private. The developer has created the Juliet Boulevard Roadway Association, Inc., which is responsible for roads, streets and drainage improvements and ,,,� maintenance of Juliet Boulevard. 5.3 OPEN SPACE REQUIREMENTS The total project is 17.7 acres requiring a minimum of 5.3 acres to be retained as open • space. 5.4 NATIVE VEGETATION RETENTION REQUIREMENTS A minimum of 15% of the native vegetation present shall be preserved within the project. The total native vegetation existing on the site is approximately 16.3 acres and a minimum of 2.4 acres of native vegetation shall be preserved within the existing and proposed preserve areas as indicated on the CPUD Master Plan. Areas that fulfill the native vegetation retention standards shall be set aside as preserve areas and shall be protected by a permanent conservation easement. A management plan shall be submitted to identify actions that must be taken to ensure that the preserved areas will function as proposed. The plan shall include methods to address control and treatment of invasive exotic species and maintenance of permitted facilities. 5.5 CLEARING AND FILL STORAGE Fill storage is generally permitted as a temporary principal use throughout the Gaspar Station CPUD until buildout of the project. Fill material may be transported and stockpiled within areas which have been disturbed. Prior to stockpiling in these locations, the developer shall notify the Community Development and Environmental Services Administrator. The following standards shall apply: 1. Stockpile maximum height: forty five feet; 2. Fill storage areas in excess of five feet in height shall be separated from developed areas by fencing, excavated water bodies or other physical barriers if the side slope of the stockpile is steeper than 4 to 1. 5.6 LITTORAL SHELF PLANTING Wet detention ponds shall have a littoral shelf with an area equal to 7% of the pond's surface area measured at the control elevation and be planted with native aquatic vegetation. ,7 1!3302 Ver 08'-MPERRY 5-2 `J0454 004-001 PP/iD-25406 CG = ♦ d �► , ,,,,,, rc.„, 4_, 0 Q Q 0- m ' IiflP. v) I— D ° v .6 D g �g Wa.q,,t © zs II o g a1 o 1 aI m a q.k 3m z an d s 2 l/=1 n -O C m r N N a'2 G N > v V U V V V C Q Q Q Q Q Q m oa na o-m V V U V u u inns n j ry Q Q Q Q Q Q > !�N m‘-mv,an a it O N N-^ V `d c O O o E m � o vav v v 9 E ' Q ' Y-2 d >, d W Cit c N fl ZO ii 1tI1L � C _ m w-y '^ 31V m co ~ � '0 II -g z <H 2 E ">Q Em i , E. 3C°� ww8 D oom',Y2 ',1;"g w zQ w •Fi a u p m m .- w a°m V 6.e",a 2123 in cu'Ei �z� ��� > •-.d h m^ %OJ,.c,8act C5 t�-v' zmo a o > o0 D0a9D9v 0 c d ui>,., 1 D z i c c Z my ap_) o c 43 t Q wLn o_ le iii Q S300...2.1- Z E-o Z o 0 amO m V. kg I �__--f - _ -... .. 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