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EAC Agenda 10/04/2006 ENVIRONMENTAL ADVISORY COUNCIL AGENDA October 4, 2006 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 September 6, 2006 Meeting minutes V. Upcoming Environmental Advisory Council Absences VI. Land Use Petitions A. Rezone No. RZ-2005-AR-7271 "Public Facilities Rezone" Section 10,Township 51 South, Range 26 East B. PUDA-2005-AR-7818 "Pine View" Section 18,Township 49S, Range 26E VII. Old Business A. Update members on projects B. GMP discussion of EAR-based GMP amendments(CCME only) VIII. New Business A. Chairperson and Vice-Chairperson election IX Subcommittee Reports X. Council Member Comments XI. Public Comments XII. Adjournment ************************************************************************** ****************************** Council Members: Please notify the Environmental Services Department no later than 5:00 p.m. on September 29, 2006 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. r-, Item VI.B ENVIRONMENTAL ADVISORY COUNCIL STAFF REPORT MEETING OF OCTOBER 4, 2006 I. NAME OF PETITIONER/PROJECT: Petition No.: PUDA-2005-AR-7818 Petition Name: Pine View Applicant/Developer: Freeland and Schuh, Inc. Engineering Consultant: Davidson Engineering Environmental Consultant: EW Consultants, Inc. II. LOCATION: The project is at the southwest corner of Pine Ridge Road and Whippoorwill Lane, approximately a half mile west of Interstate 75, in Section 18, Township 49 South, Range 26 East, Collier County,Florida. III. DESCRIPTION OF SURROUNDING PROPERTIES: The subject property is zoned Pine View PUD (Ord. 05-45) and is bordered by Pine Ridge Road (C.R.896) to the north and Whippoorwill Lane to the east, and non-residential developments to the south and west. ZONING DESCRIPTION N - Pine Ridge Road(C.R.896) Pine Ridge Road then mixed then Naples Gateway PUD, commercial and undeveloped Ragge PUD and Angileri PUD properties S - Community Facility(CF) Hospice of Naples, Inc. E - Whippoorwill Lane then Sutherland Whippoorwill Lane then mixed Center PUD and Agricultural (A) commercial and Seagate Baptist Church of Christ W - Pine Ridge Center PUD Mixed commercial center under development EAC Meeting Page 2 of 7 IV. PROJECT DESCRIPTION: The subject property is proposed to consist of approximately 15-acres of commercial and professional office development. The commercial activities (10.59-acres), water management area, and preserve area (1.16-acres). V. GROWTH MANAGEMENT PLAN CONSISTENCY: Future Land Use Element: The subject property is designated Urban-Interchange Activity Center Subdistrict (#10) on the Future Land Use Map of the Growth Management Plan. Because the PUD is located within Interchange Activity Center #10, the full range of commercial uses, including automotive sales, is permitted. This PUD is presently approved for a variety of commercial uses, generally comparable to the C-4 zoning district. Due to the fact that this property will also accommodate the expansion of a high-tech Internet company, creating new jobs in an industry targeted by Collier County and the Economic Development Council (EDC), this project has qualified as a "fast-track" project. This position furthers Objective 1.4 of the Economic Element by supporting the goals of the EDC. Per FLUE Policy 7.1, access to the project has been provided via Pine Ridge and Whippoorwill Roads. With regard to FLUE Policy 7.2, internal access has been provided to neighboring commercial to help reduce vehicle congestion on nearby collector and arterial roads. FLUE Policy 7.3 has been addressed by the provision of interconnections to adjacent land uses. 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 limit the quantity of water leaving the site by .-. utilizing detention areas and interconnected wetlands to provide water quality retention and peak flow attenuation during storm events. EAC Meeting Page 3 of 7 The project as proposed is consistent with the Policies in Objective 6.1 of the Conservation &Coastal Management Element, for the following reasons: Fifteen percent (15%) of the existing native vegetation is required to be retained. Fifteen percent of the site has been identified for retained native vegetation preservation within the PUD boundaries. In accordance with Policy 6.1.1(3), required preservation areas are identified on the PUD master plan. Uses within preserve areas shall not include any activity detrimental to drainage, flood control, water conservation, erosion control, or fish and wildlife conservation and preservation. 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. A wildlife survey for listed species in accordance with Policy 7.1.2 is included in the Environmental Impact Statement (EIS). VI. MAJOR ISSUES: Environmental: Site Description: The project is at the southwest corner of Pine Ridge Road and Whippoorwill Lane, approximately a half mile west of Interstate 75. The northern third of the property shows as being disturbed by agricultural practices on the 1975 aerials. This area has only slightly grown back with native species. There is a three foot deep agricultural ditch just to the south of this area which bends to the south at nearly the eastern most end of the site and continues through the site and the properties to the south. There are pockets of pine flatwoods in the old agricultural area and surrounding the ditch. The southern two-thirds of the site are covered with pine flatwoods and hydric pine flatwoods with very little exotic infestation. Staff observed standing water in much of this area during the dry season of 2005. There is an old roadway at the southern end of the site which was used for construction of the expansion to Hospice of Naples in 2002. EAC Meeting Page 4 of 7 Wetlands: There are 1.5 acres of jurisdictional wetlands on the southwest side of the site. A formal jurisdictional determination was made by South Florida Water Management District (SFWMD) staff on June 27, 2006. The wetlands are hydric pine flatwoods with pine, very few melaleuca or other exotics, scattered saw palmetto in the understory and typical wetland plants in the groundcover layer including yellow-eyed grass and hatpins. Approximately half of the wetlands will be preserved. Preservation Requirements: Of the total 15.20 acres of the project site, 7.70 acres are considered native vegetation. The old roadway for the Hospice expansion is being included as native because it was not included in the Hospice preserve calculations. Fifteen percent of the native vegetation is required to be preserved which is being met in the southwest quadrant of the site consisting of 1.20 acres, including approximately 0.75 acre of wetlands. There are three pockets of uplands within the wetland boundaries which are also being preserved. These upland areas have many of the same characteristics as the wetlands. Stormwater is being proposed to be stored in the Preserve after pre-treatment in an adjacent dry detention area. Although there are no hydric soils on the site , staff supports the proposal because the uplands being preserved have similar characteristics to the preserved wetlands . South Florida Water Management District permitting has not been finalized so this design may change. Listed Species: Two gopher tortoise burrows (one active and one inactive) were found on the site during the first survey. Another survey was conducted in March of this year and it was determined that both of the burrows were abandoned. Staff observed one of the burrows to be flooded during a site visit in May 2005. The majority of the site had standing water at that time and did not appear to be quality gopher tortoise habitat. A new survey will be conducted within six months of construction of the site and any tortoises found on the site will be relocated to an approved off-site relocation area. Stormwater Management: This project is in the I-75 Canal Basin which is within the Main Golden Gate Canal Basin. The allowable post-development discharge rate per Ordinance 2001- 27 for this basin is 0.15 cfs per acre. EAC Meeting Page 5 of 7 The design for this project is a standard design that incorporates pretreatment, dry detention, and preserves to achieve water quality retention/detention and peak flow attenuation by limiting the flow leaving the site through the discharge control structure to an amount that meets the requirements of Ordinance 2001-27. 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." The Preliminary Engineering Report submitted with the EIS assumes a control elevation of 10.0 which sounds reasonable. The report states that the pre- development site elevations vary from 10.5 to 11.5 and that the 25 year 3 day storm (11.7 inches total rainfall) will raise the water level by 2.55 ft. This may inundate all the preserves for a short period of time. It also means that the site will probably have to supply some flood plain compensation, but that will be determined by SFWMD during the permit process. VII. RECOMMENDATIONS: Staff recommends approval of Pine View PUDA-2005-AR-7818 with the following conditions: Environmental: No additional conditions Stormwater Management: 1. Due to the presence of on-site wetlands and the site's location within the "Whippoorwill" section (S18,T49,R26), this site must apply for a SFWMD Surface Water Management Permit or ERP. EAC Meeting Page 6 of 7 PREPARED BY: '-t2-61.- - -9LCT3-t--' ql (3P-Q LAURA ROYS GIBS N DATE SENIOR ENVIRONMENTAL SPECIALIST ENVIRONMENTAL SERVICES DEPARTMENT te„Ai /3s&7 O( STAN CHRZANO1 SKI, P.E. DATE ENGINEERING I VIEW MANAGER ENGINEERING SERVICES DEPARTMENT ICHAEL D" ' TZ, C.F.M. D TE PRINCIPAL P NNER DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW EAC Meeting Page 7 of 7 REV1F WED BY: att s,0)--- 9-13 -06 BARBARA S. BURGESONDATE PRINCIPAL ENVIRONMENTAL SPECIALIST ENVIRONMENTAL SERVICES DEPARTMENT 1 .// ; c0-13 -06 ' G LIAM D. LORE , Jr., P. . DATE ENVIRONMENTAL SERVICES DEPARTMENT DIRECTOR MARJ IE STUDENT-STIRLING DATE ASSISTANT COUNTY ATTORNEY OFFICE OF THE COT I,IFR COUNTY ATTORNEY APPROVED BY: 1/,c-oi •SEPH K. SCHMITT DA E •OMMUNITY DEVELOPMENT&ENVIRONMENTAL SERVICES ADMINISTRATOR EAC Meeting Page 2 of 7 IV. PROJECT DESCRIPTION: The subject property is proposed to consist of approximately 15-acres of commercial and professional office development. The commercial activities (10.59-acres), water management area, and preserve area(1.16-acres). V. GROWTH MANAGEMENT PLAN CONSISTENCY: Future Land Use Element: The subject property is designated Urban-Interchange Activity Center Subdistrict (#10) on the Future Land Use Map of the Growth Management Plan. Because the PUD is located within Interchange Activity Center #10, the full range of commercial uses, including automotive sales, is permitted. This PUD is presently approved for a variety of commercial uses, generally comparable to the C-4 zoning district. Due to the fact that this property will also accommodate the expansion of a high-tech Internet company, creating new jobs in an industry targeted by Collier County and the Economic Development Council (EDC), this project has qualified as a "fast-track" project. This position furthers Objective 1.4 of the Economic Element by supporting the goals of the EDC. Per FLUE Policy 7.1, access to the project has been provided via Pine Ridge and Whippoorwill Roads. With regard to FLUE Policy 7.2, internal access has been provided to neighboring commercial to help reduce vehicle congestion on nearby collector and arterial roads. FLUE Policy 7.3 has been addressed by the provision of interconnections to adjacent land uses. 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 limit the quantity of water leaving the site by utilizing detention areas and interconnected wetlands to provide water quality retention and peak flow attenuation during storm events. Item VILA. ENVIRONMENTAL ADVISORY COUNCIL STAFF REPORT MEETING OF OCTOBER 4,2006 I. NAME OF PETITIONER/PROJECT: Petition No.: Rezone No. RZ-2005-AR-7271 Petition Name: Public Facilities Rezone Applicant/Developer: Collier County Public Utilities Engineering Department Engineering Consultant: Hole Montes, Inc. Planning Consultant: Agnoli, Barber&Brundage, Inc. Environmental Consultant: Passarella and Associates, Inc. II. LOCATION: The project site is located on the south side of Manatee Road approximately ' mile east of Collier Boulevard in Section 10, Township 51 South, Range 26 East, Collier County,Florida. III. DESCRIPTION OF SURROUNDING PROPERTIES: Surrounding properties include developed and undeveloped parcels with the following zoning classification: ZONING DESCRIPTION N- MH Developed S - H Undeveloped E - MH Developed W- RMF-16 (8) Undeveloped IV. PROJECT DESCRIPTION: The petitioner, Collier County Public Utilities Engineering Department acting at the direction of the Board of County Commissioners, the property owner, is seeking to rezone a 42.2± acre tract from the Rural Agricultural (A) zoning EAC Meeting Page 2 of 8 district to the Public Use (P) zoning district. The petitioner has not projected a specific use for the site stating the ultimate use of the site has not yet been determined. The petitioner wishes to rezone the county-owned land so that adjacent property owners will be aware of the potential to establish public uses on this site. The Public Use zoning district is included in the Civic and Institutional Zoning Districts of the Land Development Code (LDC), Section 2.03. The LDC states: The purpose and intent of Public Use zoning district is to accommodate only local, state, and federally owned or leased and operated government facilities that provide essential public services. The P district is intended to facilitate the coordination of urban services and land uses while minimizing the potential disruption of the uses of nearby properties. V. GROWTH MANAGEMENT PLAN CONSISTENCY: Future Land Use Element: The subject property is designated Urban Mixed Use District, Urban Coastal Fringe Subdistrict, as identified on the Future Land Use Map of the Collier County Growth Management Plan. This Subdistrict is intended to accommodate a variety of land uses, including essential services as permitted by the Land Development Code (LDC). The requested rezone to Public Use District limits uses to essential services. The requested rezone furthers the goals and objectives of the Future Land Use Element and the Potable Water Sub-element of the Growth Management Plan in providing available resources for the supply of adequate potable water to meet the future needs of the County. Based upon the above analysis, staff concludes this petition may be deemed consistent with the Future Land Use Element of the Growth Management Plan. 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 EAC Meeting Page3of8 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 detention areas and interconnected wetlands to provide water quality retention and peak flow attenuation during storm events. In accordance with Objective 2.4 and Policy 2.4.1, the Florida Department of Environmental Protection (FDEP) shall be notified of development projects within Rookery Bay Aquatic Preserve watershed. A copy of the Environmental Impact Statement (EIS) will be forwarded to FDEP staff at Rookery Bay Aquatic Preserve. The project as proposed is consistent with the Policies in Objective 6.1 and 6.2 of the Conservation & Coastal Management Element, for the following reasons: Greater than fifteen percent (15 %) of the existing native vegetation will be retained on-site and set aside as preserve areas. Selection of preservation areas are consistent with the criteria listed in Policy 6.1.1. Habitat management and exotic vegetation removal/maintenance 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 by Policies 6.2.1 and 6.2.2. Pursuant to Policy 6.2.4, the County shall require appropriate agency permits prior to the issuance of a final local development order permitting site improvements (Site Development Plan). In accordance with Policy 6.2.6, required preservation areas have been identified. Uses within preserve areas shall not include any activity detrimental to drainage, flood control, water conservation, erosion control, or fish and wildlife conservation and preservation. Protective covenants for the preserve areas will be included on the Site Development Plan. A wildlife survey for listed species in accordance with Policy 7.1.2 is included in the Environmental Impact Statement (EIS). Wildlife habitat management plans for listed species are required at the time of Site Development Plan submittal. A • EAC Meeting Page 4 of 8 gopher tortoise relocation permit has been obtained to relocate gopher tortoises off-site. VI. MAJOR ISSUES: Stormwater Management: This project will be permitted by the South Florida Water Management District (SFWMD). Collier County is not allowed to self-permit. SFWMD is the permitting agency for all County projects involving surface water management. 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. That having been noted, the following is a summary of the proposed workings of the stormwater management system. The petitioner proposes constructing dry retention areas to intercept the runoff from the existing tank yard and from the future development areas including the proposed 6 MG storage tank, well sites, and access driveway. The bottom of the retention areas will be at 5.0 NGVD, which is 1 foot above the probable wet season water table elevation of 4.0 NGVD (average elevation measured at on-site upland/wetland interface). Some of the existing facilities are lower than the proposed improvements, so accommodations will be made Environmental: Site Description: The proposed project includes the expansion of an existing water storage facility to include a ground storage tank, the addition of five ASR wells, an underground supply pipeline, and access road. The existing water storage facility in located in the NW corner of the property. Most of the site is vegetated with native vegetation. An existing dirt road occurs along the eastern edge of the property. Natural elevations on-site range from around 5.4 feet NGVD to 3.7 feet NGVD. The seasonal high water level of 4.0 feet NGVD represents the average recorded along the upland/wetland lines at the on-site wells. The dry season water table is estimated at an elevation 1.0 feet NGVD based on surrounding projects. Two soil types occur on the property, Oldsmar Fine Sand (Soil Map Unit 16) and Ft. Drum and Malabar, High, Fine Sands (Soil Map Unit 20). Both soils are listed as non-hydric by the Natural Resources Conservation Service (NRCS). EAC Meeting Page 5 of 8 Wetlands: A total of 4.46 acres of South Florida Water Management District (SFWMD)/Collier County jurisdictional wetlands have been identified on the property (EIS Exhibit C). These wetlands are composed of a single FLUCFCS type (FLUCFCS Code 6259, Hydric Pine Flatwoods, Disturbed) and are broken down according to the degree of exotic infestation within them. The project development will not have any direct impacts to SFWMD/Collier County jurisdictional wetlands. Exotics will be removed from these areas in accordance with County and State permitting requirements. Preservation Requirements: The property has a total of 37.68 acres of native vegetation. Native habitats on-site include palmetto prairie, pine flatwoods, cabbage plam and hydric pine flatwoods. Habitats not included as native vegetation include 1.05 acres of Brazilian pepper (FLUCFCS Code 422), 0.07 acre of disturbed land (FLUCFCS Code 740), a roadway (FLUCFCS Code 814), and the existing water storage facility (FLUCFCS Code 833). Portions of FLUCFCS Codes 422 and 740 do contain native habitat and have been used in determining the amount of native vegetation required for the site. A native vegetation map is provided as Exhibit J while Table 3 in the EIS provides a breakdown of the habitats on-site. In accordance with the Policy 6.1.1 of the Growth Management Plan — Conservation and Coastal Management Element, and Subsection 3.05.07 of the Land Development Code, a minimum of 15% (.15 x 37.68 acres = 5.65 acres) of native vegetation must be retained on-site. The proposed project has incorporated 5.65 acres of wetlands, upland buffers and uplands as native preserve within the development plan. Additionally, 1.70 acres of upland buffers and 2.39 acres of wetlands outside of the Collier County preservation area will be preserved for the SFWMD. A master site plan showing the location of the preserves on-site is included in the EIS as Exhibit I. Listed Species: A listed plant and animal species survey was conducted on July 30, 2004 and August 24, 2004, with additional observations made on April 14 and 21, 2003, August 7, 2003, and September 10, 2003. During the survey, one active and four inactive gopher tortoise burrows were identified. All the gopher tortoises were located in burrows in the existing spoil berm adjacent to the development area. No other listed species were observed during the surveys. EAC Meeting Page 6 of 8 After receiving authorization from the Florida Fish and Wildlife Conservation Commission to test up to five tortoises for Upper Respiratory Tract Disease (URTD), a total of three gopher tortoises were successfully bucket trapped and tested in June and July, 2005. All tortoises tested negative (not infected) for URTD. Based on the test results, a recipient site was researched and the conservation area at Willow Run Quarry was selected. One Florida black bear telemetry point dated has been documented on the site. No telemetry points have occurred on the site since the one on February 3, 1993. VII. RECOMMENDATIONS: Staff recommends approval of approval of Rezone No. RZ-2005-AR-7271 "Public Facilities Rezone" with the following conditions: Stormwater Management: 1. A SFWMD Surface Water Management Permit or ERP must be obtained prior to Site Development Plan approval. Environmental: No stipulations EAC Meeting Page7of8 PREPARED BY: STAN CHRZANOWS '.E. DATE ENGINEERING REVIE.l MANAGER ENGINEERING SERVICES DEPARTMENT ? goo( STlAV4 N LENBERGER DATE ENVIRONMENTAL SPECIALIST ENVIRONMENTAL SERVICES DEPARTMENT 0106, KAY ESELEM, A.I.C.P. DATE PRINCIPAL PLANNER DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW REVIEWED BY: Mati3aAa_ j ,-12tup erk. -2-- ora BARBARA S. BURGESON DATE PRINCIPAL ENVIRONMElkTAL SPECIALIST ENVIRONMENTAL SERVICES DEPARTMENT EAC Meeting Page 8 of 8 i' ,�� , / 00-a3--06 .'�P LIAM D. LO' NZ, Jr., ., DIRECTOR, DATE ENVIRONMENTAL SERVICES DEPARTMENT b(i767'-14) (711-44'1 e-q -0 MAR A IE ST ENT-STIRLING DATE ASSISTANT COUNTY ATTORNEY OFFICE OF THE COLLIER COUNTY ATTORNEY APPROVED BY: / ., t • - __ _ •SEPH K. SC I , ADMINISTRATOR, •OMMUNITY DEVELOPMENT&ENVIRONMENTAL SERVICES DIVISION f''