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EAC Agenda 12/06/2006 ENVIRONMENTAL ADVISORY COUNCIL AGENDA December 6, 2006 r-� 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 November 1, 2006 Meeting minutes V. Upcoming Environmental Advisory Council Absences VI. Land Use Petitions A. Rezone No. RZ-2005-AR-7271 (2nd hearing for EAC, no backup material) "Public Facilities Rezone" Section 10,Township 51 South, Range 26 East B. Site Development Plan No. SDP-2005-AR-8865 "Immokalee Regional Airport—Phase I SDP" Sections 34 and 35,Township 46 South, Range 29 East&Sections 2 and 3 Township 46 South, Range 29 East C. Planned Unit Development No. PUDZ-2005-AR-7820 "Kaicasa RPUD" Sections 12 and 13,Township 47 South Range 29 East VII. Old Business A. Update members on projects VIII. New Business A. Roberts Rules of Order Presentation —Sue Chapin B. Form subcommittee for 2007 LDC cycle C. 4-year review of the EAC by the BCC 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 December 1, 2006 if you cannot attend this meeting or if you have a conflict and will abstain from voting on a petition (403-2424). p.—"N General Public: Any person who decides to appeal a decision of this Board will need a record of the proceedings pertaining thereto; and therefore may need to ensure that a verbatim record of proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. November 1,2006 MINUTES OF THE MEETING OF THE COLLIER COUNTY ENVIRONMENTAL ADVISORY COUNCIL Naples, Florida, November 1, 2006 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: r1, CHAIRMAN: William Hughes Terrence Dolan James Harcourt William Hill Lee Horn Judith Hushon Nick Penniman Michael Sorrell ALSO PRESENT: Stan Chrzanowski, Planning Review Marjorie Student-Stirling, Assistant County Attorney Jeff Wright, Assistant County Attorney Susan Mason, Senior Environmental Specialist Bill Lorenz, Director of Environmental Services Barbara Burgeson, Sr. Environmental Specialist rte, 1 ENVIRONMENTAL ADVISORY COUNCIL AGENDA November 1,2006 9:00 A.M. Commu Ity Devote nei i d,En�"�,'. l manta r 4ces:Uuikiing "inV60 j.0 I. Call to Order II. Roll Call III. Approval of Agenda IV. Approval of October 4, 2006 Meeting minutes V. Upcoming Environmental Advisory Council Absences VI. New Business A. Roberts Rules of Order Presentation—Sue Chapin B. EAR Based Amendment: Section 24 Sending Lands Recommendation VII. Land Use Petitions A. This petition was moved to the December meeting. B. Planned Unit Development No. PUDZ-2004-AR 66810 "Hamilton Greens" Section 31,Township 48$,Range 26E C. Planned Unit Development No. PUDZ-2006-AR-10030 "Hammock Park Commerce Centre PUD" Section 14,Township 50S, Range 26E VIII. Old Business A. Update members on projects X Subcommittee Reports XI. Council Member Comments XII. Public Comments XIII. Adjournment ************************************************************************** ****************************** Council Members: please notify the Environmental Services Department no later than 5:00 p.m. on October 27, 2006 if you cannot attend this meetina 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. November 1, 2006 Call to Order The meeting was called to order by Chairman William Hughes at 9:11 a.m. II. Roll Call A quorum was established with James Harcourt absent at the time of roll call. Iry Kraut resigned. III. Approval of Agenda Add: -Move"VII. Land Use Petitions"before"VI.New Business" -Roberts Rules will be continued until the next meeting. Mr. Penniman moved to approve the agenda as amended. Second by Dr. Hushon. Carries unanimously 7-0. IV. Approval of October 4,2006 Meeting minutes James Harcourt joined the meeting at 9:14 a.m. Discussion ensued on the potential to have the minutes verbatim. Mr. Hill moved to approve the October 4,2006 minutes. Second by Mr. Sorrell. Carries unanimously 8-0. V. Upcoming Environmental Advisory Council Absences Dr.Hushon will only be able to attend the December meeting in the afternoon and will not be in attendance at the January meeting. VI. Land Use Petitions A. The petition was moved to the December meeting. B. Planned Unit Development No. PUDZ-2004-AR 66810 "Hamilton Greens" Section 31,Township 548S,Range 26E - Presenters were sworn in by the Assistant County Attorney. - No disclosures addressed. George Varnadoe gave a presentation including the following points: - He demonstrated an aerial map of the property and a concept of the actual plan. 2 November 1, 2006 - It will be a walkable compact community. The homes are on a lake or preserve. - A wall will be constructed between the property and Wilshire Lakes. - About 47%of the site will be preserved. - Two active and three inactive gopher burrows were identified. Due to site specific restraints they will be relocated to Lee County. - The five 20 foot culverts to recreate the historic flow pattern will also be set up as crossings for small wildlife. Brick pavers will be placed to reduce speeds. - A deviation from the Land Development Code has been requested in order to put only one side walk along the roadway running to the east side of the property in order to not have to impact any more wet lands then necessary. - A demonstration of the flow way was given. Craig Smith demonstrated the location of the gopher burrows,noting that they had to be relocated because the preserve lands were not suitable for the tortoises. There were no locations within Collier County for relocation;but they will be relocated within the required 50 mile radius. Stan Chrzanowski demonstrated the flow pattern on an aerial map. The County Staff recommend approval with the stipulation that the project must obtain an ERP environmental resource permit from the South Florida Water Management District. Dr. Hushon moved to accept"Planned Unit Development No. PUDZ- 2004-AR 66810,"Hamilton Greens", Section 31, Township 548S,Range 26E"with staff recommendations and with the sidewalk deviation because of the small number of units and the environmental nature. Second by Mr. Penniman. Mr. Penniman gave kudos to the flow of the presentation. Motion carries unanimously 8-0. C. Planed Unit Development No. PUDZ-2006-AR-10030 "Hammock Park Commerce Centre PUD" Section 14,Township 50S,Range 26E - Presenters were sworn in by the Assistant County Attorney. - No disclosures. Bob Mulhere introduced his team. He then gave an over view of the project: - Display of a map of the property location. - 1.63 acres of native preservation. - There is an existing ERP permit on the property. 3 November 1, 2006 r1. - The EIS contains a Big Cypress Fox Squirrel management plan. - There is no site development plan. Cheryl Brunner mentioned that there are no Big Cypress Fox Squirrels on the property. Concerns were expressed about the water flow bringing noted toxins from land to the north down into this property. Amelia Rabeau reported that there is no evidence of contaminant migration into the projects property and there is no evidence of contaminant migration into Henderson Creek. Dr.Hushon expressed concerns with a TPH test on the contaminated property not having been conducted and that the Phase I conceptual site plan shows the dry retention area on the highest point of the property. She pointed out that there are significant artifacts in the region. Mr. Mulhere noted that there are efforts toward working with FPL and their easement to create a roadway connecting with the Hospital. Stan Chrzanowski demonstrated the water flow within the discussion area on an aerial map. Dr. Hushon suggested utilizing pervious paving. Stephen Lenberger reported that the staff find the project consistent with the Growth Management Plan and support the petition. Mr. Sorrell mentioned that the FPL easement has been a dumping site for years. Mr. Penniman added that the presentation was incomplete. Mr. Hill mentioned the difficulty of talking about and reviewing potential environmental problems when the Environmental Advisory Committee is not given information on water management for projects. Stan Chrzanowski replied that the ordinance would have to be changed to address Mr. Hill's issue. Barbara Burgeson added that the Board of County Commissioners discussed a language change to the Ordinance to include"The service water management aspects of any petition that is or will be reviewed and permitted by South Florida Water Management District are exempt from review by the EAC,except to evaluate the criteria for allowing treated storm water to be discharged into preserves as allowed in section 30507." 4 November 1, 2006 Mr. Dolan moved to recommend approval with staff recommendations of "Planed Unit Development No. PUDZ-2006-AR-10030, "Hammock Park Commerce Centre PUD", Section 14,Township 50S,Range 26E". Second by Mr. Penniman. Mr. Mulhere noted for the record that he will do more testing. Dr. Hushon would like to include Phase II test monitoring for TPH and to consider pervious parking in the motion. Mr. Dolan amended his motion to include Dr. Hushon's comments. Mr. Penniman amended his second. Motion carries unanimously 8-0. The meeting recessed at 10:45 a.m. reconvening at 11:05 a.m. VII. New Business A. Roberts Rules of Order Presentation—Sue Chapin Continued until the next meeting. B. EAR Based Amendment: Section 24 Sending Lands Recommendation Chairman Hughes turned the meeting over to Vice Chairman Hushon. Bill Lorenz gave a presentation on an overhead addressing Section 24, North Belle Meade that it is being reviewed to change from a designation of "Neutral"lands to "Sending"lands. One hundred and eighty letters was sent out asking property owners to enter their land to do a site visit; seven owners gave permission. Mac Hatcher's observations on those parcels were consistent with the 2003 Red Cockaded Woodpecker study(see attachments). He demonstrated the land with the proposed lands to be designated"Sending" (see attachment). A portion of the land is proposed to remain"Neutral"but the land preservation percentage be changed to 60%. Mac Hatcher added that Red Cockaded Woodpecker cavity trees that were known to the County were involved in a fire. Dr.Hushon reviewed the activities of the Habitat Conservation Plan Advisory Committee. Endeavors are being made to communicate with persons in the affected area. David Weeks brought out that giving the lands a"Sending"designation would not allow those property owners to be served by central water and sewer. 5 November 1, 2006 It was suggested to make sure property owners are being informed. It was also suggested to post a sign on the highway around the area. Public Speakers- John Cowan is a licensed Realtor. He owns almost all of the trees involved in the discussion. He has had plans to develop the 102 acres into 20 home sites. No one has seen a cavity or a Red Cockaded Woodpecker on any of his property. He received the letter from the County; he threw it into his file without a response because he did not understand what they were asking and he did not see any reason to do what they were doing since it had been reviewed so often. Brad Cornell,Collier County Audubon is very concerned that there is no proactive set of policies that will recover and increase the number of Red Cockaded Woodpeckers in Collier County. The Collier County Audubon Society supports the staff commendation to redesignate portions of Section 24,but they do not support the remaining lands to keep designated as "Neutral". The western mid cavity habitat also should be designated as "Sending". The"Neutral"lands need the higher retention of land. Nancy Payton,Florida Wildlife Federation gave the reminder that this is a r1 habitat preservation endeavor. It does not matter if a Red Cockaded Woodpecker was observed on the land. She feels that the County has gone above and beyond to educate land owners. She supports Brad Cornell's comments on additional lands to consider for the"Sending" lands designation. The 70%vegetation retention should remain for those lands that are designated"Neutral"lands. A Florida Panther was located in this area also. Mr. Hughes moved to recommend leaving the"Neutral"lands at 70% and include the property in the South West Corner(demonstrated on an overhead)within the designated "Sending"lands. Second by Mr.Horn. Mr. Dolan expressed discomfort with making a decision because he does not feel informed. Mr. Sorrell does not feel comfortable with speculating on the small properties having or not having Woodpeckers on them. Motion carries 6-2 with Mr.Dolan and Mr. Sorrell opposed. VIII. Old Business A. Update members on projects ,..� Windstar PUD is moving through the process. 6 November 1,2006 IX. Subcommittee Reports None X. Council Member Comments It was suggested that the information packets given to the Council Members can be past on to the next Committee if they have not been written on in order to recycle them. XI. Public Comments None There being no further business for the good of the County,the meeting was adjourned by the order of the Chair at 12:27 p.m. COLLIER COUNTY ENVIRONMENTAL ADVISORY COUNCIL Chairman William Hughes 7 �-� Item VI.A. ENVIRONMENTAL ADVISORY COUNCIL STAFF REPORT MEETING OF DECEMBER 6,2006 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 %Z 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 - MH Undeveloped E - MH Developed W- RMF-16 (8) Undeveloped IV. PROJECT DESCRIPTION: The subject property is a 42.2± acre site located on the south side of Manatee Road between Skyline Drive and Sapphire Boulevard. It is owned by Collier County Water & Sewer District. The site is currently zoned Rural Agricultural EAC Meeting Page 2 of 9 (A). The property owner is seeking a rezone to the Public Use (P) zoning district but has amended the zoning request to limit the uses to be allowed within that zoning district to Essential Services only. This petition was originally heard by the EAC on October 4, 2006. At that time the petitioner sought a rezoning to the Public Use district but had not offered to limit the proposed uses; thus at that time all uses permitted by right in that zoning district would have been allowed if the rezone was approved as requested. After hearing the concerns raised by the EAC on October 4, 2006, the petitioner amended the request to limit the proposed use to Essential Services only. If, at a later date the petitioner wants other uses that are other than Essential Services, then the petitioner would need to apply for and receive either rezoning or conditional use approval in compliance with the Land Development Code regulations in effect at that time. Public hearings would be required in either rezoning or Conditional Use approval. This site, with the current A zoning is also the subject of an SDP for County Aquifer Storage and Recovery (ASR) wells. Wells are a permitted use in the A zoning district, however, an EIS was required for the wells. In the interest of saving time and taxpayer money, the EIS that was written for the ASR wells SDP was submitted to, and accepted by, County review staff for this rezone. Some of the information in the EIS is specific to the wells; however, the wetlands and wildlife issues studied in the EIS are relevant to both the wells SDP and this rezone. The site plan in the EIS indicates only the existing structures and the well sites,not the Water Treatment Plant(or other essential service). Rezoning to the P zoning district is distinctly different from rezoning to a Planned Unit Development (PUD) zoning district. A petitioner seeking approval of a PUD would be required to provide a site plan (Master Plan) indicating where specific uses, roads, preserves and water management facilities would be placed. On the other hand, the P zoning district is what is commonly referred to as a "conventional" zoning district. In conventional zoning districts, a site plan is not required. If a site plan is provided at all, it is usually for illustrative purposes only and is not binding on the rezoning action. Site plan review and approval is conducted as an administrative function as part of the development order approval process. Specific information about the placement of structures and water management features is provided as part of that process, commonly known as the Site Development Plan(SDP)process. The Existing and Future Potable Water Service Areas Map of the Potable Water Sub-Element of the Public Facilities Element of the Growth Management Plan, indicates that the subject site is the location of a proposed Water Treatment Plant. However it is important to note that a Water Treatment Plant is listed in Section EAC Meeting Page 3 of 9 2.01,03 of the LDC as an Essential Service; however, the LDC further states that a Water Treatment Plant is required to be approved as a Conditional Use. Therefore, if the Water and Sewer District wishes to construct a Water Treatment Plant on the subject site, advertised public hearings would have to be held in accordance with the Conditional Use procedures of the LDC, even after the site has been rezoned to the P zoning district. As part of the zoning action a site plan is not required to indicate the location of proposed structures. The dimensional standards (setbacks, height limitations, etc.) of the P district are specified in the LDC (Section 4.02.00 Site Design Standards). No changes to the dimensional standards are proposed. If changes were proposed, variance approvals would need to be sought which also requires public hearings. According to the petitioner's projected time table, a Water Treatment Plant may not be required on this site for six years. During that time, Water Treatment Plant technology will almost certainly change. Having P zoning in place on the subject site will alert neighbors that essential services are planned and would be allowed as proposed to be limited by the petitioner (and perhaps further limited by the Board of County Commissioners should the petition be approved). If it is later confirmed by the County that this site would best serve Collier County citizens if it a Water Treatment Plant is constructed on site, advertised public notices would be sent and public hearings in compliance with the LDC for Conditional Use petitions would be conducted. 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. EAC Meeting Page 4 of 9 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 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 n improvements (Site Development Plan). EAC Meeting Page 5 of 9 rte. 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 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. n • EAC Meeting Page 6 of 9 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). 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. EAC Meeting Page 7 of 9 /1, 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. After receiving authorization from the Florida Fish and Wildlife Conservation Commission (FFWCC) 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 and were relocated off-site to the conservation area at Willow Run Quarry in accordance with FFWCC permit # WR06064a. Tortoises on-site were relocated at the request of Collier County Environmental Services Department in preparation for expansion of the water facility. All the tortoises on- site were located in spoil berms located immediately adjacent to the existing water facility and were relocated since suitable gopher tortoise burrowing habitat is not found elsewhere on-site. 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 � I EAC Meeting Page 8 of 9 PREPARED BY: gMDV 2C0C STAN CHRZANOWS '.E. DATE ENGINEERING REVIE MANAGER ENGINEERING SERVICES DEPARTMENT s/Af/" .. /1/1/ 6)6)( STEPHEN LENBERGER DATE ENVIRONMENTAL SPECIALIST ENVIRONMENTAL SERVICES DEPARTMENT k},61( 11' 9-O � KA if SELEM, A.I.C.P. DATE PRINCIPAL PLANNER DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW REVIEWED BY: kiltAettc. //--/3-o6 BARBARA S. B�ESON DATE PRINCIPAL ENVIRONMENTAL SPECIALIST ENVIRONMENTAL SERVICES DEPARTMENT EAC Meeting Page 9 of 9 �!aG , '��/ 11—/0- 06 W 14 A D. LOREN , Jr., P. ., DIRECTOR, DATE ENVIRONMENTAL SERVICES DEPARTMENT MARRIERM STUDENT-STIRLING DATE ASSISTANT COUNTY ATTORNEY OFFICE OF THE COLLIER COUNTY ATTORNEY APPROVED BY: ,, / / 4 O PH K. SCHMITT, ADMINISTRATOR, A E C MUNITY DEVELOPMENT &ENVIRONMENTAL SERVICES DIVISION Item VI B. ENVIRONMENTAL ADVISORY COUNCIL STAFF REPORT MEETING OF December 6, 2006 I. NAME OF PETITIONER/PROJECT: Petition No.: Site Development Plan No. SDP-2005-AR-8865 Petition Name: Immokalee Regional Airport—Phase I SDP Applicant/Developer: Collier County Airport Authority Engineering Consultant: Hole Montes, Inc. Environmental Consultant: Passarella and Associates, Inc. II. LOCATION: The subject property is on 1180 County Road 846, in portions of Section 2 and 3, Township 47 South, Range 29 East and Sections 34 and 35, Township 46 South, Range 29 East. III. DESCRIPTION OF SURROUNDING PROPERTIES: North: Industrial and then Other portions of the Immokalee Airport Agricultural property; then agricultural uses South: Industrial County Road 846 then various industrial uses East: Agricultural Various agricultural uses West: Industrial Other portions of the Immokalee Airport property IV. PROJECT DESCRIPTION: The petitioner has submitted a site development plan (SDP) petition for approval of Phase I of the Immokalee Airport. EAC Meeting Page 2 of 9 V. GROWTH MANAGEMENT PLAN CONSISTENCY: Future Land Use Element: The subject property is designated Industrial on the Immokalee Future Land Use Map. This designation permits industrial uses, such as airports. Accordingly, the requested expansion of the existing airport facility may be deemed consistent with the Immokalee Area Master Plan. Conservation & Coastal Management Element: Objective 2.2. of the Conservation and Coastal Management Element (CCME) of the Growth Management Plan (GMP) states "All canals, rivers, and flow ways discharging into estuaries shall meet all applicable federal, state, or local water quality standards". To accomplish that, Policy 2.2.2 states "In order to limit the specific and cumulative impacts of stormwater runoff, stormwater systems should be designed in such a way that discharged water does not degrade receiving waters and an attempt is made to enhance the timing, quantity, and quality of fresh water (discharge) to the estuarine system". This project is consistent with the Objectives of Policy 2.2.2 in that it attempts to mimic or enhance the quality and quantity of water leaving the site by utilizing lakes, retention and detention areas, and interconnected wetlands to provide water quality retention and peak flow attenuation during storm events. The South Florida Water Management District (SFWMD) permit (No. 11-00999- S) and U.S. Army Corps of Engineers (Corps) permit (No. SAJ-2004-554) has been issued for the project and copies are included with the SDP submittal. The Project as proposed is consistent with the Policies in Objective 6.1 and 6.2 of the Conservation and Coastal Management Element of the Growth Management Plan, for the following reasons: • Commercial and Industrial development must preserve a minimum of 15% of the native vegetation on site. Phase I includes approximately 19.15 acres of native vegetation. A total of 3.00± acres (15.7 percent) of existing native vegetation will be preserved. The preserve area meets GMP consistency as it includes native habitat for the gopher tortoise, eastern indigo snake and allows for the possibility of connection to potential off-site preserves. EAC Meeting Page 3 of 9 • Consistent with Policy 6.1.1, a preserve maintenance plan is part of the SDP/Construction Plan application and the Environmental Impact Statement (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. • Littoral shelf planting areas (LPSA) within wet detention ponds required by Policy 6.1.7 will not be provided. LPSAs are classified as airport hazards and are not permitted by state and federal airport regulations. Exhibit 22 of the EIS provides correspondence from the County attorney's office regarding the LSPA exemption for the airport and consistency with the Growth Management Plan and the Land Development Code. • The requirement for an EIS pursuant to Policy 6.1.8 has been satisfied. • Jurisdictional wetlands have been identified as required in Policies 6.2.1 and 6.2.2. Permits from the SFWMD and the Corps have been issued and are included in SDP/Construction Plan submittal. As stated in Policies 6.2.3 and 6.2.4, where permits issued by jurisdictional �•, agencies allow for impacts to wetlands within the Urban Designation and require mitigation for such impacts, this shall be deemed to meet the objective of protection and conservation of wetlands and the natural functions of wetlands within this area. Wetland mitigation required by SFWMD and the Corps has been implemented as detailed in the permits. • In accordance with Policy 6.2.6, required preservation areas are identified on the site plan. Allowable uses within the preserve areas are included in the construction plans. 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. As required by Policy 7.1.2, a listed species survey was conducted on the property and habitat management plans are provided as required. Technical assistance and permits have been obtained from US Fish and Wildlife Serve and the Florida Fish and Wildlife Conservation Commission. Consistent with Policy 11.1.2, correspondence was sent to the Florida Department of the State Division of Historical Resources (DHR) regarding possible archaeological or historical sites within the Project area. In a letter dated January 31, 2005, the DHR stated that no cultural resources are known to exist in the EAC Meeting Page 4 of 9 project boundary and that no cultural resources will be affected by the construction. If, during the course of site clearing, excavation, or other constructional activities, an archaeological or historical site, artifact, or other indicator is discovered, development activities at that specific archaeological site shall be immediately stopped and the appropriate agency notified. VI. MAJOR ISSUES: Site Description: The Immokalee Regional Airport Phase I SDP encompasses approximately 165.40 acres and is located in Sections 34 and 35, Township 46 South, Range 29 East; and Sections 2 and 3, Township 47 South,Range 29 East, Collier County, Florida. More specifically, Phase I SDP is immediately north of C.R. 846 (Immokalee Road) and northeast of State Road (S.R.) 29 (New Market Road). This SDP is surrounded by the Immokalee Regional Airport west, north, and northeast and by agriculture and open space to the east. Land to the south is road right of way adjacent to commercial and industrial. The parcel consists of active airport facilities, improved pasture, commercial development, upland and wetland disturbed lands, borrow area, spoil areas, and undeveloped, palmetto prairie, pine flatwoods, freshwater marsh, and wet prairie. The majority of impacts for this development are limited to disturbed uplands and lower quality wetlands on the site. According to the Collier County Soils Map, the soil type found in Phase I is Immokalee Fine Sand, a non-hydric soil. The proposed SDP includes expansion of the Immokalee Regional Airport taxiway and a lake. Wetlands: There are 1.15± acres of SFWMD/Collier County jurisdictional wetlands and 10.75± acres of SFWMD/Collier County "other surface waters" in Phase I. The SFWMD wetland lines were approved by the SFWMD during site visits on April 3, 2001. Maps delineating the wetlands in this portion of the airport are part of the EIS. The construction of this SDP will result in direct wetland impacts to 1.15± acres of on-site wetlands. These wetland impacts are limited to isolated wetlands and other surface waters on-site. The applicant has obtained the required permits from the Corps and SFWMD. These agencies have determined the mitigation requirements. EAC Meeting Page 5 of 9 Stormwater Management: The Immokalee Airport sits at the north end of the Barron River Canal Basin (BRC). The BRC appears to start a few miles north of the Airport site and flows south for about 40 miles mostly along the east side of SR-29 toward Everglades City. The flow in the basin goes past some farmworker housing and some groves and farms just south of Immokalee, and down the Okaloacoochee Slough, under CR 858 (Oilwell Road), past the Sunniland quarries, through the East Hinson Marsh under I-75 and through a succession of prairies, past the Deep Lake area just west of Bear Island, under Route 41, and it empties into the Barron River and the 10,000 Islands near the Everglades City, Plantation, Chokoloskee area. A good map of the area(USGS) can be found on www.topozone.com. The design for this project is a standard design that incorporates NPDES pollution control measures during construction and post-construction pretreatment, wet detention (aka lake), 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 Collier County Ordinance 2001-27. �.� Please remember that 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." Listed Species: Listed species surveys have been conducted on this site in 2005. The following listed species have been observed onsite: scrub jay, gopher tortoise burrows and a little blue heron. This project is also within the panther consultation area near Primary Panther Habitat. A listed species survey was conducted on the property on January 26, 2005 by Passarella staff. The listed species survey report is included in the EIS as Exhibit 10. A Florida scrub jay, nine gopher tortoise burrows, and a little blue heron were observed on the site. In addition, Collier County staff observed wood storks (Mycteria americana)within the Phase I boundary during a site visit. There is no scrub jay habitat within the limits of this SDP. The small isolated wetlands within the boundary of the SDP provide limited woodstork and wading bird habitat. Mitigation for these impacts are part of the SFWMD and Corps permits. The gopher tortoises on site will be located out of the boundaries of the SDP but still within the Airport property. Gopher tortoise relocation site is shown on sheet C-5 of the construction plans. EAC Meeting Page 6 of 9 A gopher tortoise Take Permit was previously issued by the Florida Fish and Wildlife Conservation Commission (FWC) for the entire Airport property. This permit allows for optional relocation to reduce "take". The Land Development Code (LDC) does not allow for a take. Therefore, a relocation permit from FWC will be required for relocating the tortoises found within this SDP boundary to the portion of the Upland Management Area (UMA) designated in the construction plans. Within the Immokalee Regional Airport, a UMA has been protected under a conservation easement as mitigation for impacts to listed wildlife habitat. Habitat types within the UMA include palmetto prairie, pine flatwoods, scrubby pine flatwoods, xeric oak, and a small freshwater marsh. This upland preserve area is managed through rotational controlled burns and upon staff's most recent site visit was in need of maintenance. The 2005 scheduled burns were not performed due to the 2005 hurricane season. The required burns are scheduled to take place November 9, 2006. If survey and evaluation of the UMA area designated show the density is too great for the habitat in this area, tortoises shall be relocated in the UMA in an area of appropriate density as permitted. Panther mitigation and compensation information is contained in the Biological Opinion and is a requirement of the Corps permit. An extension until November 13, 2006 was granted to complete the mitigation. A copy of the extension is contained in the EIS. As of this writing, staff has not received confirmation that the mitigation has been completed. Preservation Requirements: According to the vegetation preservation and retention standards for commercial development, a minimum of 15 percent of the native vegetation areas located on the subject property shall be retained. Of the 165.40± acres in Phase I, 19.15± acres qualify as native vegetation. The areas not included as native vegetation include commercial, race track, park, improved pasture, ditch, upland and wetland disturbed lands, a borrow area, spoil areas, aviation facilities, runways, taxiways, and roads. Of the 19.15± acres of native vegetation, 3.00± acres (15.7 percent) will be retained within Phase I. Phase I contains 1.15± acres of SFWMD jurisdictional wetlands. This meets the minimum requirement. EAC Meeting Page 7 of 9 VII. RECOMMENDATIONS: Staff recommends approval of Site Development Plan No. SDP-2005-AR-8865, Immokalee Regional Airport—Phase I SDP with the following conditions: Environmental: Provide updated gopher tortoise survey (less than 2 weeks old) and a copy of a valid relocation permit to Environmental Services Staff at the pre-construction meeting. Provide report from qualified biologist detailing relocation results including survey of relocation area to verify densities prior to any site work. Stormwater Management: The petitioner must modify the SFWMD permit for this site prior to commencement of construction.. • EAC Meeting Page 8 of 9 PREPARED BY: / / / , / BA W 6 STAN CHRZANOWSKI,P.., DATE ENGINEERING REVIEW , ANAGER ENGINEERING SERVICES DEPARTMENT Illi �' ' ll-f-oC, USAN ► ASON DATE PRIN PAL ENVIRONMENTAL SPECIALIST E ►- I'ONMENTAL SERVICES DEPARTMENT ic)-g-d-e4rli / t 2`Q KA ESELEM, AICP DATE PRINCIPAL PLANNER DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW EAC Meeting Page 9 of 9 REVIEWED BY: Xlk&7Aa c _ P-/_3-ph, BARBARA S. BURGESON DATE PRINCIPAL ENVIRONMENTXL SPECIALIST LIAM D. LO NZ, J ., P.E. DATE ENVIRONMENTAL SERVICES DEPARTMENT DIRECTOR --7a-v,„AL MARJORIE STUDENT-STIRLING DATE ASSISTANT COUNTY ATTORNEY OFFICE OF THE COLLIER COUNTY ATTORNEY APPROVED BY: - ////717,k, JO:EPH K. 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LOCATION: The project site is located at the southwest corner of Section 12, Township 47 South, Range 29 East and at the northwest corner of Section 13, Township 47 South, Range 29 East. The project entrance is along the north side of State Road 29,just east of Village Oaks Elementary School, and approximately 2 miles east of the intersection of State Road 29 and County Road 846 III. DESCRIPTION OF SURROUNDING PROPERTIES: North: Agriculture-Mobil Home Overlay(A-MHO) South: Agriculture-Mobil Home Overlay(A-MHO) East: Agriculture-Mobil Home Overlay(A-MHO) West: Residential Multi-family 6 (RMF-6),Farmworkers Village. IV. PROJECT DESCRIPTION: The proposed project consists of 100± acres and will be developed as a Residential Planned Unit Development (RPUD). The property is located within the Immokalee Planning Community. The projected density of 4 dwelling units per acre (du/a) is based on the Immokalee Area Master Plan (TAMP) of the Growth Management Plan(GMP). The project is a residential neighborhood of 400 single-family attached or detached, zero lot line, two family, duplex or multi-family dwelling units designed with attention to natural site features. The project includes residential areas, streets, water management features,preserve areas and a recreation area. EAC Meeting Page 2 of 10 V. GROWTH MANAGEMENT PLAN CONSISTENCY: Future Land Use Element: The subject property is within the Immokalee Urban planning area, as depicted on the countywide Future Land Use Map, and as High Residential on the Immokalee Area Master Plan (LAMP) Future Land Use Map. The purpose of the High Residential District is to provide for an area of high density residential development at densities less than or equal to eight du/a. An approved Affordable Housing Density Bonus would allow an additional eight du/a. Policy 7.3 of the Future Land Use Element encourages interconnection points with adjoining neighborhoods or other developments regardless of land use type. Although the petitioner's application makes reference to interconnections with the adjacent Farmworkers Village site (see application #1 and #4), no reference to these interconnections has been made in the PUD Document or PUD Master Plan. Based upon the above analysis, staff concludes that the proposed uses and densities may be deemed consistent with the Immokalee Area Master Plan. Conservation & Coastal Management Element: Objective 2.2. of the Conservation and Coastal Management Element (CCME) of the Growth Management Plan (GMP) states "All canals, rivers, and flow ways discharging into estuaries shall meet all applicable federal, state, or local water quality standards". To accomplish that, Policy 2.2.2 states "In order to limit the specific and cumulative impacts of stormwater runoff, stormwater systems should be designed in such a way that discharged water does not degrade receiving waters and an attempt is made to enhance the timing, quantity, and quality of fresh water (discharge) to the estuarine system". This project is consistent with the Objectives of Policy 2.2.2 in that.it attempts to _ mimic or enhance the quality and quantity of water leaving the site by utilizing lakes, retention and detention areas, and interconnected wetlands to provide water quality retention and peak flow attenuation during storm events. In compliance with Objective 3.1 of the CCME, this project is not located within a Well Head Protection Area as identified by the FLUM and will use central water and sewer,reducing potential contamination of groundwater resources. EAC Meeting Page 3 of 10 The Project as proposed is consistent with the Policies in Objective 6.1 and 6.2 of the Conservation and Coastal Management Element, for the following reasons: • Policy 6.1.1 requires residential development over 20 acres in the Non- Coastal High Hazard area to preserve a minimum of 25% of the native vegetation on site. The project site contains approximately 96.43 acres of native vegetative, therefore, a minimum of 24.11 acres must be preserved. This project proposes to preserve at least 30 acres, exceeding the minimum requirement. • As required by Policy 6.1.1, the preserve areas will be placed under conservation easements granted to Collier County without responsibility for maintenance. • Preservation areas selected are consistent with Policy 6.1.1 in that listed species habitat and high quality wetlands are being preserved on site. • Uses in the preserves have been defined in the PUD document to be consistent with the passive uses allowed in Policy 6.1.1 without impacting the minimum required native vegetation preservation. • Consistent with Policy 6.1.1, a preserve maintenance plan will be required as part of the SDP/Construction Plan. Preserve areas shall be required to be maintained free of Category I invasive exotic plants, as defined by the Florida Exotic Pest Plant Council. • Reconfiguration of the master plan has resulted in creating the largest contiguous preserves possible and allowing for off-site connections and wildlife corridors as required in Policy 6.1.1. • As required by Policy 6.1.4, prohibited exotic vegetation will be removed from the entire development during construction and will be maintained exotic-free in perpetuity. • Littoral shelf planting areas (LPSA) within wet detention ponds required by Policy 6.1.7 will be required at the time of SDP/Construction plan approval. • The requirement for an EIS pursuant to Policy 6.1.8 has been satisfied. • Jurisdictional wetlands have been identified and preserved as required in Policies 6.2.1, 6.2.2 and 6.24. The proposed project will preserve approximately 79.58% of wetlands located onsite by directing development to the uplands. • In accordance with Policy 6.2.6, required preservation areas are identified on the site plan. Allowable uses within the preserve areas are included in the preserve agreement that is part of the construction plans. Uses within preserve areas shall not include any activity r• detrimental to drainage, flood control, water conservation, erosion control, or fish and wildlife conservation and preservation. EAC Meeting Page 4 of 10 r-� In accordance with Policy 7.1.2, a listed species survey was conducted on the property and habitat management plans are provided as required. In compliance with Policy 7.1.4, this PUD requires that development comply with applicable federal and state agencies regarding species protection. Consistent with Policy 11.1.2 and 11.1.3, correspondence was sent to the Florida Department of the State Division of Historical Resources (DHR) regarding possible archaeological or historical sites within the Project area. In a letter dated June 6, 2005, the DHR stated that no cultural resources are known to exist in the project boundary and that no cultural resources will be affected by the construction. If, during the course of site clearing, excavation, or other constructional activities, an archaeological or historical site, artifact, or other indicator is discovered, development activities at that specific archaeological site shall be immediately stopped and the appropriate agency notified. VI. MAJOR ISSUES: i-► Site Description: The Kaicasa RPUD is located in Section 12, Township 47 South, Range 29 East, Collier County Florida (Please see Figure 1 for Project Location Map). The property is located on the east side of S.R. 29 immediately south and east of Farm Worker Village. The project is 100 acres in size with a combination of uplands and wetlands. Pre- development drainage is generally in a northwest to southeast direction with ultimate discharge to the SR-29 canal. The proposed plan utilizes roadside valley gutters and rear yard perimeter berms/swales to convey drainage to strategically placed storm drainage pipes that discharge into stormwater treatment lakes. The ultimate discharge of the stormwater treatment lakes is either to proposed preserve land or the SR-29 canal. The design for this project is a standard design that incorporates pretreatment, wet 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." EAC Meeting ..i Page 5 of 10 The site is composed of 12 vegetative communities. The majority of the site contains the following habitat types: Pine Flatwoods (30.44 ac), Wet Prairie (17.20 ac), Hardwood-Conifer Mixed (15.92 ac), Improved Pasture (10.48 ac), Freshwater Marsh (8.93 ac), and Unimproved Pasture (9.74 ac). Wetland plant communities cover approximately 28.26 acres of the site, while other surface waters cover approximately 2.32 acres. The site is located within the Florida panther Primary Zone, and one panther telemetry point has been recorded onsite. This project site contains Wabasso fine sand (non-hydric) and Chobee, Winder and Gator soils, depressional (hydric). Stormwater Management: 1.) The project is located in an Approximate Zone A flood zone on the current Flood Insurance Rate Map (FIRM) published by FEMA with an effective date of November 15, 2005. An Approximate Zone A indicates that the area is probably subject to flooding during a one-percent annual chance storm event but does not provide base flood elevation information. The National Flood Insurance Program requires that developments located within an Approximate Zone A provide the necessary information to allow FEMA to establish base flood elevations is the development exceeds five (5) acres or fifty(50) units in size. This project exceeds these thresholds for both criteria. Therefore a stipulation has been added requiring the property owner to obtain the base flood elevation determination from FEMA prior to submitting the permitting application for the final development order(e.g. SDP, PPL). 2.) The applicant has requested a deviation from the LDC requirement to provide sidewalks along both sides of the internal streets where there are no residential lots or lots are proposed for only one side of the street. The applicant also requests a deviation for providing a sidewalk along SR-29. Engineering Review staff concurs with the request to deviate from the provision for a sidewalk along SR-29 since there are no other sidewalk provisions along SR-29 and there is a proposed interconnection of the internal streets to the adjacent Farm Worker's Village development. _. However, Engineering Review staff does not concur with the requested deviation for sidewalks along both sides of the internal streets. This project is proposed for a housing market that typically consists of many families with young children. Elimination of sidewalks in certain areas of the project could create an undue necessity for pedestrians to cross a street and increase the risk of possible accidents/injury. The information submitted by the applicant assumes a design of the stormwater management facilities and preserves based upon approval of the requested sidewalk deviation. Denial of the EAC Meeting Page 6 of 10 deviation could have an impact on the size of the preserve areas and the stormwater management water quality calculations. The design for this project is a standard design that incorporates pretreatment,wet 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." Wetlands: The wetland jurisdictional determination has been verified by SFWMD and approximately 28.26 acres of wetlands have been delineated onsite. The master site plan concentrates the development into the upland areas of the site allowing for the retention of approximately 22.49 acres of high quality wetlands within the project. Approximately 5.78 acres of the total 28.26 acres of onsite wetlands are proposed to be impacted. A small amount of other surface waters are also proposed for impacts, for a combined total of 5.86 acres (19.16%) of impacts to wetlands and other surface waters on the site. The remaining wetlands and other surface waters will be retained and incorporated into the site design. The wetlands will be hydrologically connected to the surface water management system with control elevations set to ensure an appropriate hydroperiod. This project is protecting and preserving approximately 22.49 acres (79.55%) of wetlands onsite and incorporating those wetlands into the overall surface water management system to ensure they retain healthy hydrology. The wetlands and uplands to be preserved will be placed under Conservation Easements dedicated to Collier County with no responsibility for maintenance. Mitigation for wetland impacts will be submitted for approval by the SFWMD at the time of environmental resource permitting and to the US Army Corps of Engineers ; (USACE)to ensure the project does not result in a net loss of wetland function. Listed Species: The site is located within the panther Primary Zone, and one panther telemetry point has been recorded onsite. The applicant has started discussions with the US Fish and Wildlife Service (FWS) in 2005 to access the impact development of the site would have on the Florida panther. FWS has indicated that because Preserves 1 and 3 (Exhibit H of EIS)will remain connected to undeveloped lands to the east, these preserves may be considered "neutral", i.e. neither a loss nor a gain of EAC Meeting Page 7 of 10 panther habitat units (PHUs) after construction for the purpose of determining potential mitigation needs. The applicant has indicated they will continue to coordinate with FWS in order to ensure adequate compensation is provided to offset any adverse impacts to the Florida panther. Other species such as woodstorks, wading birds, Big Cypress fox squirrel and Florida black bear could inhabit the site at various times of year. A variety of protected wading birds including snowy egret, little blue heron and white ibis were observed onsite during a September 2005 site visit with Collier County staff. Management plans for panther, black bear, eastern indigo snake, woodstork and wading birds will be required prior to SDP/Construction plan approval. Any other management plans will be required at that time as needed. Preservation Requirements: The proposed project contains approximately 96.43 acres of vegetative communities that qualify as native according to the definition in the GMP. Residential and Mixed Use Developments are required to preserve 25% or 24.11 acres of native vegetation onsite. Preserves 1 and 3 fulfill the native vegetation preservation requirement based on the ranking requirements of listed species utilization and largest contiguous area. These preserves total 26.25 acres or "•'` 27.22% of native vegetation onsite, exceeding the minimum required. Preserve 2 is a small isolated wetland. Preserve 4 does allow for offsite connection, however the lake and tot lot create long narrow strips that do not met the requirements of largest contiguous area possible. EAC Meeting Page 8 of 10 VII. RECOMMENDATIONS: Staff recommends approval of Planned Unit Development No. PUDZ-2005-AR- 7820 with the following conditions: Engineering/Stormwater Management: 1. Base flood elevation approval shall be obtained from FEMA and submitted with the initial application for final development order (e.g. SDP, Construction plans). 2. Deviation of provision of a sidewalk along SR-29 but no deviation for sidewalks along both sides of streets internal to the project Environmental: 1. Per FWS technical assistance, the applicant shall include "Standard Protection Measures for the Eastern Indigo Snake (Service 2002)" into their project plans for any construction or land clearing activities. This shall be required to be included in all development orders (SDP or Construction plans)where clearing is required. 2. Compensation for impacts to wood stork and Florida panther habitat must be addressed as part of the SFWMD ERP and USACE permit in consultation with FWS prior to SDP/Construction plan approval. 3. Over 5 acres of wetlands will be impacted in final plans. Include an anaylsis, at the time of the first SDP or Construction plan review, of potential water quality impacts of the project by evaluating water quality loadings expected from the project (postdevelopment conditions considering the proposed land uses and stormwater management controls) compared with water quality loadings of the project area as it exists in its pre-development conditions. The analysis shall be performed using methodologies approved by Federal and State water quality agencies. County review and approval of the analysis is required prior to SDP/ Construction plans. 4. Full 5 day wildlife survey will be required at time of SDP/Construction plans. Survey must be less than 1 year old at time of submittal. 5. Sidewalks on both sides of internal roads may result in increased impacts to preserves. If the sidewalk deviation is denied, impacts to preserve areas must be minimized by using stem walls or similar structures. Preserves will be evaluated at the time of SDP/construction plans to be sure preserves are consistent with the GMP. EAC Meeting Page,AO fy' PREPARED BY: 8Mov06 STAN CHRZANO ,�T, P.E. DATE ENGINEERING REV W MANAGER ENGINEERING SERVICES DEPARTMENT /7-06-0(0 S :AN ► ASON DATE NI e ' ENVIRONMENTAL SPECIALIST IRONMENTAL SERVICES DEPARTMENT _..-CSAH —Cr")-7.C2 /06, MELISSA ZONE AT PRINCIPAL PL R DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW EAC Meeting Page 10 of 10 REVIEWED BY: -4121: 1221 .2, .G7(SL /i//�-Q� BARBARA S. BURGESON DATE PRINCIPAL ENVIRONMENT SPECIALIST 1 / / / n //-/© -- bb W II IAM D. LO Z, Jr., P.E. DATE ENVIRONMENTAL SERVICES DEPARTMENT DIRECTOR �-. 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'ALL VALUES NAVD - _ i CREATED BY CDES CAD/GIS DEPARTMENT FILINDSEY/STAN4LIDARCREATIONS/everglades1175.MXD ADVISORY COMMITTEEBOARD FOUR-YEAR REVIEW BY THE BOARD OF COUNTY COMMISSIONERS FOR FISCAL YEAR 2007 Report Template (print in upper/lower case,no bold,delete line above and this line,forward report to the attention of Winona Stone) A. ADVISORY COMMITTEE: Productivity Committee B. CHAIRMAN: Joe Swaja C. STAFF LIAISON: Mike Sheffield D. STAFF AGENCY: County Manager's Office E. AUTHORITY: Ordinance No.2001-37 F. SUBMITTAL DATE: December 12, 2006 G: FY 07 REVIEW DATE: March 14, 2007 (note, enter date of BCC meeting for review) H. LAST BCC REVIEW DATE: March 16, 2002 I. SUMMARY: Give a brief history,including date created,purpose,current members,membership composition if applicable,meeting schedule,etc. Collier County Ordinance 91-10 created the County Government Productivity Committee to review the efficiency of departments of county government under the jurisdiction of the Board. The ordinance was amended in 1993 and 1996 and was repealed and replaced by Ordinance 2001-37 on June 26, 2001. The Committee is composed of 11 members, with the vice chair of the Board of County Commissioners serving in a liaison capacity. The members are appointed by resolution of the Board of County Commissioners for a two-year term and must be permanent residents and electors of Collier County. Committee members are required to possess special expertise and experience related to managing large organizations, and must be balanced in representing the views of the community. The committee reviews the efficiency of departments of County Government under the jurisdiction of the Board of County Commissioners. The committee may analyze and review existing structure, organization, staffing, management, functions, business practices, and procedures of any or all parts of county government and make recommendations for increased efficiency and cost-effectiveness. The committee may also assist in the implementation of those recommendations. ,.� Regular Productivity Committee meetings are usually held on the third Wednesday of the month at 2:00 P.M. in the County Manager's conference room on the second floor of the Page 1 of 3 CM:Winona's folder/FY 06/4 year review/report template#2 sample W. Harmon Turner Administration Building. The current membership is composed of Chairman Joe Swaja, Vice-Chair Dex Groose, Janet Vasey, Al Kozel, Syd Blum, Stan Farnham, Celia Fellows, Helen Philbin, Rob Dowling, Steve Harrison, Mat Hudson and BCC Liaison Commissioner Fred Coyle 1. Whether the Committee/Board is serving the purpose for which it was created. Type or cut and paste response here. 2. Whether the Board is adequately serving current community needs. Type or cut and paste response here. 3. List the Board's major accomplishments for the preceding 12-month period. Type or cut and paste response here. 4. Whether there is any other Board or agency, either public or private, which is serving or would better serve the purpose for which the Board was created. Type or cut and paste response here. 5. Whether the ordinance creating the Board should be amended to allow the Board to more adequately serve the purpose for which it was created. Type or cut and paste response here. 6. Whether the Board's membership requirements should be modified. Type or cut and paste response here. Page 2 of 3 CM:Winona's folder/FY 06/4 year review/report template#2 sample 7. The cost, both direct and indirect, of maintaining the Board. Type or cut and paste response here. J: ADDITIONAL BOARD/COMMITTEE COMMENTS: Enter any additional board or committee comments in this section K: STAFF COMMENTS: Enter staff comments (Your administrator or director should respond in this section) on concurrence or non-concurrence with the committee's report. Enter the name and title of staff person making comments in this section. Page 3 of 3 CM:Winona's folder/FY 06/4 year review/report template#2 sample ,.3468>88 /`s, j.'' + ORDINANCE NO 2001- cc 71 4k,44 Noer o RDINANCE ESTABLISHING STANDARDS FOR CREATION AND REVIEW OF COUNTY BOARDS AND PROVIDING FOR ' ettztxtrie` A POLICY DECLARATION; PROVIDING DEFINTIONS; PROVIDING FOR CREATION, OF NEW BOARDS; PROVIDING EXEMPTION; PROVIDING QUALIFICATIONS AND REQUIREMENTS FOR MEMBERSHIP; PROVIDING PROCESS OF APPOINTMENT; PROVIDING TERMS OF OFFICE; PROVIDING ATTENDANCE REQUIREMENT; PROVIDING SCHEDULE FOR REVIEW OF. BOARDS; PROVIDING FOR REPEAL OF ORDINANCE NO.86-41 AS AMENDED; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION III CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD C NTV COMMISSIONERS OF COLLIER COUNTY,FLORIDA,that ,o SECTION ONE: Policy Declaration. Itis �� hereby declared to be the policy of the Board of County Comm of Collier County, Florida, to promote economy, efficiency and improve service in the transaction of the public business by County Boards. Nothing in this Ordinance shall be construed to prohibit or restrict the County Commission from amending or abolishing,at any time,.any'Board currently in existenceor thereinafter created. SECTION TWO: Definitions. The term "Board" is defined to include every agency, advisory board, regulatory board, quasi-judicial board, committee, task force or any other group created and funded in whole or in part by the Board of County Commissioners. The term"Commission"is defined as the Board of County Commissioners of Collier County,Florida. SECTION THREE: Creation of New Boards. A. All Boards created after the effective date of this Ordinance shall be created by ordinance only,except for Ad-Hoc or Task Force Committees. Such ordinance shall set forth the.Board's purpose; functions; powers; responsibilities;jurisdiction; membership requirements and restrictions; terms and conditions of appointment to and removal from the Board; and the specific staff support necessary to prepare an annual report, either oral or written,to be presented to the Commission. B. Prior to the add pubik hearing held for the adoption of said ordinance, the County Manager shalt submit to the Commission a report setting forth following Information concerning the proposed new Board: 1) Whether the establishment of the board will create sufficient betterment to the community to justify the Commission's delegation of a portion of its authority. 2) Whether another Board, either public or private,already in existence,could serve,or Is serving the same purpose. /1. 3) The costs,both direct and indirect,of establishing and maintaining the new Board. 4) Whether creation of the new Board is necessary to enable the County to obtain state or federal grants or other financing. 5) Whether the Board should have bonding authority. 6) Whether creation of a new Board is the best method to achieve the.benefit desired. SECTION FOUR: Exemption to Ordinance Requirement:Ad Hoc Committees and Task Force Committees. The Commission may, by resolution, appoint an Ad-Hoc or Task Force Committee for a specific project, if the duration of the Committee does not exceed three(3)years duration. The resolution must set forth the duties and responsibilities of the Committee and contain language that automatically dissolves the Committee within the specified year from the date of adoption of the Committee members by the Commission. SECTION FIVE: Qualifications and Requirements for Membership on Boards. A. All members of County Boards shall be permanent residents and electors of Collier County and should be reputable and active in community service. The foregoing requirement may be exempted, however,if an ordinance creating a board specifies the need for membership outside Collier County's boundaries. In addition, all Board members should have demonstrated an Interest in the activity or service, which is the purpose of the Board. The provisions of this paragraph may be exempted,however, if an ordinance creating a board specifies the need for membership outside Collier County's boundaries. B. Any member of a County Board who ceases to be a resident of Collier County during his or her term of office shall immediately advise the Commission of such change in status. Upon such notice,the Commission shall declare the position to be vacant and shall promptly fill same pursuant to the provisions of Section Six,herein. C. The Commission's primary consideration in appointing Board members shall be to provide the Board with the technical, .professional, financial, business or administrative expertise necessary to effectively accomplish the Board's purpose. Categories of expertise referenced by County Boards' Ordinances as qualifications for Board membership are considered to be primarily directory and not mandatory. D. No person shall serve on more than two County Boards simultaneously. If application is made for service on a third Board, the applicant must resign simultaneously from one of his or her current Board positions, or the application for a third Board shall be disqualified. This provision, however, may be waived to allow for service on additional Boards provided the Commission votes unanimously to waive such provision. E. No member of any County Board shall become a candidate for an elective political office and continue to serve on such Board during his or her candidacy. Should any County Board member become a candidate for an elective political office, such 2 candidacy shall be deemed a tender of resignation from such Board and the Board shall immediately advise the Commission in writing of said resignation. The.Commission shall deem the position vacant upon receipt of written notice of said resignation. The Board member shall not serve at any meetings after his or her position becomes vacant pursuant to this Ordinance. F. The commencement of a legal challenge by a Board member as a plaintiff in a lawsuit against Collier County shall constitute a conflict of interest with Collier County and shall be deemed a tender of resignation from such Board. The County Board member's position shall automatically be considered vacant and the Commission shall' promptly till same pursuant to the provisions of Section Six,herein. G. No member of any County Board, as defined herein, shall print or create, or have printed or created, or use or distribute any business or informational card depicting the County logo or in any way representing such Board member as a representative of Collier County or as a County Board member. The County Manager or his or her designee may, upon request and prior approval in writing, authorize the County Board members to obtain a County photo identification card identifying such members as a County advisory Board member. SECTION SIX: Process of Appointment men A. Vacancies occurring on any Board shall be publicized, but need not be advertised, in a publication of general circulation wi#tn the County, and vacancy notices are to be posted in the County libraries and the County Government Center. B. Prior to making appointments to Boards, staff shall'provide the Commission with a list,outlining the qualifications and demographic background of each carddate for Board membership, along with a list detailing the qualifications and demographic backgrounds of present members seeking reappointment on each board to which an appointment is being made. SECTION SEVEN Term of Office. A. Terms of office shall be staggered. B. Terms of office for Board members shall be limited to two consecutive terms of service on any one Board; provided,however,that appointment of a Board member to an initial term of one year shall not be considered a"term of office"for purpose of the limitations set forth in this Section, and such members.shall be entitled to serve two additional terms If so appointed. C. Appointments to fill a vacancy for the remainder or balance of a terror of office shall be considered a term of office for the purpose of the limitations set forth In Section Seven B, above, only if the remainder of the term to be served exceeds fifty percent(50%)of the full term. D. By unanimous vote of the Commission, the limftations set forth in Section Seven B above may be waived. E. Nothing set forth In this Section shall prohibit any individual from being reappointed to a Board after a hiatus of two(2)years. 3 F. All members of Boards created by the Commission shall serveat the pleasure of the Commission and may automatically be removed by a majority vote of the quorum of the Commission. SECTION EIGHT: Attendance Requirement It is the intent and strong desire of the Commission that there be full attendance of advisory Board members at all meetings of the Boards, recognizing, however, that it may be necessary for Board members to be absent from a meeting due to unusual or emergency circumstances. Nevertheless, full attendance at Board 'meetings is encouraged and necessary for the proper operation of the Boards and in furtherance thereof the following requirements are established: A. Any Board member who is absent for more than one-half of the Board's meetings in a given fiscal year shall be deemed to have tendered his or her resignation from such Board. The Commission shall, as soon as practicable after such resignation, declare the position to be vacant and shall promptly fill same pursuant to the provisions of Section Sbc herein. The Board members shall not serve at any meetings after his or her position is declared vacant by the Commission. B. In the event that any Board member is absent from two consecutive meetings without a satisfactory excuse acceptable to the .Board chairperson, the Board chairperson shall state such fact at the next regularly scheduled Board meeting and shall thereafter notify, in writing, the Executive Manager to the Commission of the Board member's failure to attend without a satisfactory excuse. The Commission shall review the Board chairperson's notification at the Commission meeting and shall declare the Board member's position to be vacant if the Commission concurs that the Board member was absent from two consecutive Board meetings without a satisfactory excuse, and shall promptly till same pursuant to the provisions of Section Six herein. The Board member shall not serve at any meetings after his or her position is declared vacant C. A member of a Board shall be deemed absent from a meeting when he or she is not present during at least seventy five percent(75%)of the meeting. SECTION NINE: Review of Boards. Each Board shall be reviewed in the following manner: A. All Boards shall be revered every four(4)years from the year the Board was first established. B. The County Manager or his designee shall provide notice to the Board prior to its date of review. On or before January 15th of the year in which a Board is to be reviewed,its Chairperson shall submit to the County Manager a report setting forth the following information regarding the Board: 1.) Whether the Board is serving the purpose for which it was created. 2.) Whether the Board is adequately serving current community needs. 3.) A list of the Board's major accomplishments for the preceding twelve month period. 4 4.) Whether there is any other Board or agency, either public or private,which is serving or would better serve the purpose for which the Board was created. 5.) Whether the ordinance creating the Board should be amended to allow the board to more adequately serve the purpose for which it was created. 6.) Whether the Board's membership requirements should be modified. 7.) The cost,both direct and indirect,of maintaining the Board. C. On or before February 15th of the year in which a Board is to be reviewed, the County Manager shall deliver to the Commission the report submitted by the Chairperson of each Board, pursuant to Section Nine (B) of this Ordinance, together with any recommendation or comments the County Manager may have. In order to assist the County Manager and the Commission in the evaluation of the Chairperson's report, the County Manager and Commission may review applicable minutes of meetings of the Boards. All Boards shall be required to forward the minutes of all Board meetings to the Commission in a timely manner. D. During March of the year in which a Board is to be reviewed,the Chairperson shall make an oral presentation to the Commission. Said presentation shall be based upon the report submitted to the County Manager pursuant to Section Nine(B) of this Ordinance. At the conclusion of said oral presentation any Commissioner may request the formation of a subcommittee consisting of three (3) members of the Commission. Said subcommittee shall evaluate the Chairperson's report, the County Manager's ' recommendations and any other Information ,it deems relevant to determine whether the Board shall continue in its present form. The subcommittee shall report to the Commission not later than within ninety(90)days after their initial meeting. E. At the conclusion of this review process, the Commission shall determine whether to abolish, continue, consolidate or modify the Board for the ensuing four years. SECTION TEN: Repeal of Ordinance No.86-41,As Amended. Collier County Ordinance No. 86-41, as amended by Ordinance No. 92-44, 98-46, and 2000-24,Is hereby repealedin its entirety. SECTION ELEVEN: Conflict and Severability. In the event this Ordinance conflicts with any other ordinance of Collier County or other applicable law, the more remove shall apply. If any phrase.or portion of the Ordinance is held Invalid or unconstitutional by any court of competent Jurisdiction, such portion shall be deemed a separate,distinct and independent provision and such holding shall not affect the validity of the remaining portion. SECTION TWELVE: Indus on in the Code of Laws and Ordinances. The provisions of this Ordinance shall become and be made a part of the Code of Laws and Ordinances of Collier County, Florida. The sections of the Ordinances may be renumbered or revered to accomplish such, and the word "ordinance" may be changed to "section," "article," or any other appropriate word. All references in the Code of Laws and Ordinances to Ordinance No. 86-41 and its amendments shall be changed to reflect the number assigned to this Ordinance. SECTION THIRTEEN: Effective Date. This Ordinance shall become effective upon receipt of notice from the Secretary of State that this Ordinance has been filed with the Secretary of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County,Florida this4r234 day of October,2001. itsutuu t, ATTEFtr n :403.t BOARD OF COUNTY COMMISSIONERS, DYlf1g01;:gr,13J 6GKL Calerk' COLLIER COUNTY,FLORIDA. iitirs6ti• oz's * t� By: A( 's w. Deputy clerk JAMES s.CARTER,Ph.D.,Chairman Approved as to form and legal sufficiency; This ordinance ;?^d with the SeGreta+y , OI#)te the 4 oy of c„��t-� -��<r._, AM/ / and acknowledgement of that 444444” +}�V y�`J-'`" r fill received this day of David C.Weigel By o a7? County Attorney h:publiclkay/ordir es /'•• 6 • • • • STATE OP FLORIDA)• COUNTY OF COLLIER} I, DWIGHT E. BROCK, Clerk of Courts in and for the • Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true copy of: • ORDINANCE NO: 2001-S5 • Which was adopted by the Board of County Commissioners on the 23rd day of October, 2001, during Regular Session. WITNESS my hand and the official seal of the''Board ; 4-0 County Commissioners of. Collier County, Florida, this 24 ,da t of October, 2001. rri ; rn� 4 •• C.4 y,z tn. DWIGHT B. BROCK , • Clerk .ofCourts a ; 1 , Ex-officio to Bdek!d •• County Ccimn s a l e .": ` T • 1 1 By:Teri MiCha@a �� :•` `fi Deputy Clerit'';i` '-^,;.,• • •