EAC Agenda 06/01/2005 ENVIRONMENTAL ADVISORY COUNCIL
AGENDA
June 1, 2005
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 May 4, 2005 Meeting minutes
V. Land Use Petitions
A. (Continued from May EAC)
Final Plat and Construction Plan No. PPL-2004-AR-6399
"3500 Corporate Plaza"
Section 18, Township 49 South, Range 26 East
B. Planned Unit Development No. PUDA-2004-AR-6279
"Bucks Run PUD"
Section 35, Township 48 South, Range 26 East
/'1
VI. Old Business
A. Follow-up to the EAC's Informational Requests from the May meeting
VII. New Business
A. Oustanding Advisory Committee Member Nominations
VIII. Council Member Comments
IX. Public Comments
X. Adjournment
Council Members: Please notify the Environmental Services Department Administrative
Assistant no later than 5:00 p.m. on Mall 27. 2005 if you cannot attend this meeting or if
you have a conflict and will abstain from voting on a petition (403-2424).
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.
May 4, 2005
COLLIER COUNTY ENVIRONMENTAL
ADVISORY COUNCIL
Naples, Florida, May 4, 2005
LET IT BE REMEMBERED, that the Environmental Advisory
Council in and for the County of Collier, having conducted business
herein, met on this date at 9:00 AM in REGULAR SESSION in
Building "F" of the Government Complex, East Naples, Florida, with
the following members present:
Chairman: Mr. William Hughes - Present
Dr. Judith Hushon - Present
Mr. Ken Humiston - Present
Mr. Michael V. Sorrell - Present
Mr. Lee Horn - Present
Mr. Iry Kraut - Present
Dr. Erica Lynne — Excused Absence
ALSO PRESENT: Stan Chrzanowski, Engineering Review
Marjorie Student-Sterling, Assistant County Attorney
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May 4, 2005
Meeting was called to order at 9:00 A.M.
II. Roll Call-A quorum was established.
III. Approval of Agenda:
Motion was made to move item "VII. C. New Chairperson Election" to the
beginning of the agenda with a second. Motion carries unanimously.
Staff Changes to the agenda: Land use petition "V. B." is going to be continued at
the request of staff; Land use petition "V.D."we added a companion item SRA-
2004-AR-6896.
IV. Approval of April 6,2005 Meeting minutes:
Motion was made to accept the April 6,2005 minutes with a second. Motion carries
unanimously.
V. New Chairpersons Election
A. Chairperson
Motion was made to nominate William Hughes for the position of Chairperson of
the Environmental Advisory Council with a second. Motion carries unanimously.
B. Vice Chairperson
Motion was made to nominate Ken Humiston for the position of Vice Chairperson
of the Environmental Advisory Council with a second. Motion carries unanimously.
VI. Land Use Petitions:
A. Special Treatment Permit No. ST-2004-AR-6055
"Al-Khatib Single-Family Residence"
Section 14, Township 51 South, Range 25 East
* Persons sworn in.
* Conflicts: One conflict due to petitioner being a client of the firm. A vote will not
be taken, but rights to participate in the discussion were reserved.
Tim Hall, Turrel & Associates- (Review of petition) (Power Point Presentation) Under
"VII. 3. and 5. Recommendations" specifies the relocation of the chickee hut within 30
days of issuance of the Special Treatment Permit and that construction shall not occur
between May 1- October 31; these two times need to coincide. Plantings will be in all
three strata.
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May 4, 2005
* Maria Barnet sworn in.
Maria Barnet- I am the designer for the residents. The owners live in Naples and will be
using this property seasonally. The water is supplied by cisterns while electric will have
solar panels with a generator back-up. It will also have solar hot water heating. There
are two other homes utilizing the same system and they are working great.
Motion was made to accept the petition Special Treatment Permit No. ST-2004-AR-
6055 "Al-Khatib Single-Family Residence" Section 14, Township 51 South, Range
25 East with the provision of moving the chickee hut within 30 days after Sea Turtle
nesting season completion,with a second. Motion carries unanimously.
B. Final Plat and Construction Plan No. PPL-2004-AR-6293
"3500 Corporate Plaza"
Section 18,Township 49 South, Range 26 East
*Continued
C. Site Development Plan No. SDP-2004-AR-6495
"Twin Eagles Phase II"
Sections 17 and 20, Township 48 South, Range 27 East
* Persons sworn in.
Stewart Miller, Environmental Project Manager for Twin Eagles Phase II,
WilsonMiller- (Review of petition) (Power Point Presentation) This site has already been
cleared for nearly three decades. The golf course has been designed and will be managed
in accordance with The Audubon International Gold Signature Program. (Review of
design under program) There is a single oak tree and about 20 cabbage palms that
contain some commonly found plants that are on the FDA list. It is not a requirement,
but the applicant has agreed to relocate either the host trees or the plants to natural
appropriate areas on the site. Twin Eagles was given the award of Excellence in the
business community category for its work to protect, enhance, and restore the
community's natural resources. In the projects post development scenario it will have
more native vegetation than exists now.
Dominick Amico, Agnoli, Barber& Brundage- The irrigation supply for this project is
from the existing water use permit. All withdrawal facilities for Phase II are located and
built on Phase I. This project is located within the Orange Tree Utility Service area, the
current and I believe the future plant is not permitted for irrigation reuse. We have a
daily allocation limit.
*Roxanne Gause sworn in.
Roxanne Gause- There has been three environmental site assessments on this property.
— There have also been several Phase II environmental studies on the property. They had
done extensive ground water, soil sampling, and sediment sampling. Twenty-nine
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May 4, 2005
Arsenic samplings were recently performed. All of the samples have shown nothing
above ground water or soil clean-up target levels.
Mr. Hughes- We would like to see maximum water conservation.
Public Comment:
*Nicole Ryan sworn in.
Nicole Ryan, Conservancy of South West Florida- The conservancy does not have any
problems with this specific petition before you. This is the first golf course to go through
under the new Rural Fringe amendments. This brings up questions about the County's
role of oversight and review. We had wanted the County to have a list of there own
criteria placed in the land development code.
Dr. Hushon- Collier County has more golf courses than any other County within the
United States. Golf course management should be a very high concern to the County.
Mr. Hughes- The lakes can be built at the same time, or consecutively as long as it is
being monitored.
Mr. Humiston moved to approve without the restrictions on build timing of the
lakes; that they may be built consecutively for Site Development Plan No. SDP-
2004-AR-6495, "Twin Eagles Phase II", Sections 17 and 20, Township 48 South,
Range 27 East. Second by Mr. Kraut. Motion carries unanimously.
D. Development of Regional Impact no. DRI-2004-AR-6293
(Companion to SRA-2004-AR-6896)
"The Town of Ave Maria"
Sections 31-33, Township 47 South, Range 29 East
Sections 4-9, 16-17 Township 47 South, Range 29 East
Section 36, Township 47, Range 28 East
Bill Lorenz, Environmental Services Director- There are two items that occur within
the Rural Land Stewardship Areas (RLSA) they are the Stewardship Receiving Areas
(SRA) where development is allowed to occur and the Stewardship Sending Areas (SSA)
which are the areas that have a high degree of environmental sensitivity where we direct
development away from. This petition is coming to the EAC as a SRA and a DRI. Page
5 of the petition was showing an inconsistency regarding the water quality loading
analysis, but it does conform to the post development loading analysis. Therefore it is
appropriate.
* Persons sworn in.
George Varnadoe, Law firm of Cheffy, Passidomo, Wilson & Johnson- (Review of
petition) (Power Point Presentation)
4
May 4, 2005
(Open Discussion of Review)
Mr. Varnadoe- We are getting an increase in density due to the fact that the land owner
has set aside some of the more environmentally sensitive lands which generates more
credits. These towns are designed densely to make them very walk-able, or bike-able.
The developers have agreed to take Oil Well Rd. to a four lane; in that design there will
be a major mammal wildlife crossing.
Mr. Hughes- It is not our code yet, though, things we are going to be looking for in the
future are, water conservation, more natural ground cover, and any architectural things
that can be done to enhance the water situation should be considered. I can see in the
future a need to maintain right of ways for potential use of trams and to utilize the solar
energy. You have a perfect location for setting an example of harmony with nature and
minimal energy intrusiveness.
John English, Professional Engineer- The irrigation system is not 100% determined at
this time. It will have at least 6 lakes or as many as 12. The treatment will be advanced
secondary.
(Open discussion of lighting, having surfaces more permeable, build out limitations,
and solid waste.)
Public Speakers:
Nancy Payton, Florida Wildlife Federation- The number six sending area has
management plans for listed species. There will be restoration in Kamp Keais along with
a wildlife crossing. We have panther and wildlife crossings under control.
Brad Cornell, Collier County Audubon Society- This is a very reasonable, promising
and creative project; we are supporting and promoting it. The towns SRA and DRA have
minimized their impacts to the lands which they will be building on.
Mr. Humiston moved to approve the Development of Regional Impact no. DRI-
2004-AR-6293"The Town of Ave Maria" Sections 31-33, Township 47 South, Range
29 East Sections 4-9, 16-17 Township 47 South, Range 29 East
Section 36, Township 47, Range 28 East. Second by Mr. Kraut. Carried
unanimously 6-0.
Mr. Humiston moved to approve the Companion to SRA-2004-AR-6896 "The Town
of Ave Maria" Sections 31-33, Township 47 South, Range 29 East Sections 4-9, 16-
17 Township 47 South, Range 29 East Section 36, Township 47,Range 28 East.
Second by Mr. Kraut. Carried unanimously 6-0.
Ten minute break.
— VII. Old Business:
5
May 4, 2005
A. Haldeman Creek Restoration Project and Dredge Disposal Site
Review of project and location through a Power Point presentation.
Open discussion on sample results.
Mr. Hughes- This was a good presentation so that everyone even without the
background can understand. This will be a good start in the collection of data on the
environment.
VIII. New Business:
A. Outstanding Advisory Committee Member Nominations
B. Discussion regarding potential subcommittee topics
Bill Lorenz- There is one standing subcommittee which is the "Growth Management
Subcommittee".
Mr. Hughes- I would like to open general discussion on key topics for which there is
concern to do research utilizing County, State, and Federal resources to develop a
scientific data base to suggest changes in our codes.
Open discussion on possible new subcommittees such as light pollution, sound pollution,
alternative housing design utilizing local, State, and Federal data, grey water system,
hyperponics, cisterns, and passive or active solar energy.
Mr. Hughes moved to have the environmental services staff request, from the State
of Florida, Department of Environment Protection, Environmental Protection
Agency, and the Florida Homes Builders Association, any design criteria for houses
in South Florida to minimize environmental impact. Second by Mr. Kraut.
Mr. Lorenz- You may want to consider a board member being involved in the Habitat
Conservation Plan Committee. Potential amendments to the Growth Management Plan
are also something you might want to be involved in. I have been tasked to work with
utilizing preserves for things other than just passive recreation, such as water quality.
Having an EAC subcommittee with regards to water resources could be a standing
committee. We could also get a person from the Green Building program to be brought
in and give a presentation.
Mr. Hughes withdrew his motion.
Dr. Hushon moved to have interaction with the Habitat Conservation Plan
Development and follow up with them in a more active way.
Without a second the motion will not be considered.
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May 4, 2005
Mr. Lorenz-Any individual can be on two committees, so any one of you can be on that
committee.
Mr. Hughes- I would like to set up a review of departments in order to have validated
testing.
Dr. Hushon- We need a check list of procedures for Golf Courses following the
Audubon's Gold Certificate.
Mr. Lorenz-We could develop a check list of all environmental standards and
requirements.
Golden Gate Estates should be looked into.
Mr. Hughes moved to have the County Public Information Group produce a
television commercial to run on our County channel about the importance of not
littering. Second by Mr. Kraut. Motion carries unanimously 6-0.
IX. Council Member Comments-None
X. Public Comments-None
,"•N There being no further business for the good of the County,the meeting was adjourned by
order of the Chair at 12:54 PM.
*****
COLLIER COUNTY ENVIRONMENTAL
ADVISORY COUNCIL
Chairman,William Hughes
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Item V.A.
ENVIRONMENTAL ADVISORY COUNCIL
STAFF REPORT
MEETING OF June 1,2005
I. NAME OF PETITIONER/PROJECT:
Petition No.: Final Plat and Construction Plans
No.PPL-2004-AR-6399
Petition Name: 3500 Corporate Plaza
Applicant/Developer: Pine Ridge Investors of Naples, Inc.
Engineering Consultant: Q. Grady Minor and Assoc.
Environmental Consultant: Boylan Environmental Consultants, Inc.
II. LOCATION:
There are two subject parcels, which are under common ownership and are in two
separate zoning districts. Both are zoned PUD and located next to one another on the
south side of Pine Ridge Road. The first is Pine Ridge Center, which is located
approximate 700 feet west of Whipporwill Lane, and the other is Pine Ridge Center West,
which is approximately 1000 feet west of Whipporwill Lane. Pine Ridge Center is further
described as Parcel 31, Folio number 0287520002, located in Section 18, Township 49
South, Range 26 East, Collier County, Florida. Pine Ridge Center West PUD is further
described as Parcel 33, Folio number 00287400009, located in Section 18, Township 49
South, Range 26 East, Collier County, Florida.
III. DESCRIPTION OF SURROUNDING PROPERTIES:
SURROUNDING:
North: Pine Ridge Road then a Hotel and retail uses, zoned PUD
East: Vacant, zoned PUD, Pine View PUD
South: Hospice of Naples, zoned CF
West: Good Earth Drive and vacant property zoned 'A' Rural
Agricultural
IV. PROJECT DESCRIPTION:
Pine Ridge Center and Pine Ridge Center West PUDs were amended on February 27,
2001, to add uses such as building construction, building materials and similar use that
were not previously allowed in the two PUDs. The two PUDs were rezoned as separate
projects, but have a common 60-foot wide shared access and have identical permitted
EAC Meeting
Page 2 of 8
uses and development standards. The PUDs are now under common ownership and it is
the owner's intent to develop these PUDs as a unified project. In order to develop the
two PUD's as a unified project the owners requested and were granted side yard variances
from the shared interior side yard in order to be able to construct a office building across
the property line on the south end of the property. It is the owner's belief that a unified
development on both PUDs will result in more efficient utilization of the property, and a
more cohesive and unified plan of development.
V. GROWTH MANAGEMENT PLAN CONSISTENCY:
Future Land Use Element:
The subject property is designated Interchange Activity Center Subdistrict (Activity
Center #10), as identified on the Future Land Use Map of the Growth Management Plan
(GMP).
Relevant to this petition, this Subdistrict permits the full array of commercial uses,
residential and non-residential uses, institutional uses and hotel/motel uses. Therefore, the
actual use is consistent with the Future Land Use Map. Based upon the above analysis,
staff concludes that the proposed use for the subject site is consistent with the Future
Land Use Element.
n
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
This project is consistent with Policy 6.1.1 whereas the standards and criteria have been
met to preserve and recreate native vegetation on-site, by providing greater than 15%
indigenous vegetation for commercial development. The total site preservation exceeds
that required by the PUD by area.
EAC Meeting
Page 3 of 8
Jurisdictional wetlands have been identified as required in Policies 6.2.1 and 6.2.2.
Pursuant to Policy 6.2.4, the County shall require appropriate agency permits prior to the
issuance of a final local development order permitting site improvements (Site
Development Plan). As stated in Policies 6.2.3 and 6.2.4, where permits issued by
jurisdictional agencies allow for impacts to wetlands within the Urban Designated Area
and require mitigation for such impacts, this shall be deemed to meet the objective of
protection and conservation of wetlands and the natural functions of wetlands within this
area.
In accordance with Policy 6.1.1. (2), preserved native vegetation will include canopy,
under-story, and groundcover. The creation areas also include plants in each of the three
strata. The preserve areas have been designed to best accommodate the onsite wetlands,
and to interconnect the retained native vegetation preserves with the proposed created
preserves,which are being used for the on site water management system.
This project is consistent with Policy 6.1.1.(7) because the site cannot fully accommodate
both the preservation area and proposed water management. The proposed landscape
plan consists of planting native plants in a swale and on a berm; utilizing larger plant
materials to more quickly recreate the lost mature vegetation which will occur during the
clearing, filling, and regrading of the preserve areas. The created preserve planting plan
shall be modified to comply with the following LDC required planting criteria for the
created preserves. "Plant material shall be planted in a manner that mimics a natural
plant community and shall not be maintained as landscaping".
This project is consistent with Policy 6.1.1.(9)whereas there are no adjacent preserves,
conservation acquisition areas, flowways or potential wildlife corridors existing in this
area or around the project site. Roads and development exists along the north and south
boundaries of the site. The west is undeveloped residential, and the area to the east is
undeveloped. The preserve areas have been designed to best accommodate the onsite
wetlands and keep the preserve interconnected as best possible to the created preserves
that function together as the water management system. There are walls proposed in the
preserves that are there to allow the water management system to function as proposed.
However they are not consistent with this policy and the LDC prohibits walls in
preserves. To be consistent with County regulations, the walls should be removed from
the preserves, and as such would require that the water management system be
modified. The additional site restrictions are due to requested changes from SFWMD to
the "dry detention and wetland systems to provide 3.25 ac-ft of water quality treatment
which includes an additional 50%above the required water quality volume to meet the
anti-degradation requirements for discharge to an impaired water". The petitioner is
asking for the EAC to review and approve the proposal as an acceptable alternative
design to meet preservation requirements.
EAC Meeting
Page 4 of 8
Brynwood Preserve area is located to the southwest of the site. This preserve allows for a
connection to the neighboring properties for potential future preserve areas that may be
located on either side, and provides adjacency to the nearest offsite preserve.
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).No listed species have been observed on-site.
VI. MAJOR ISSUES:
Stormwater Management:
Corporate Plaza (Pine Ridge Center) is at the north end of a wide shallow slough that
flows south toward an east-west interceptor canal about a mile away that carries the
discharge from Kensington toward the west to the I-75 canal. The slough appears to have
extended farther north, but two decades ago it was cut by Pine Ridge Road and its
roadside swales. Topography shows flow to the south through section 18.
The project sits in the I-75 Canal Basin. The allowable discharge rate within that basin is
0.015 cfs per acre.
When rezoning began in the "Whippoorwill" section a few years ago, it was decided that
all infrastructure would be designed prior to allowing any rezoning. It was also decided
that any project of any consequence within the section would go to SFWMD for
permitting, even if it didn't meet the 40 acre criterion. This project would go to SFWMD
for permitting anyway because of the presence of wetlands.
Environmental:
Site Description:
The project site contains 0.96 acres of wetlands, 0.23 acres of agricultural ditches (surface
waters) and 15.90 acres of uplands. There are two wetlands onsite, one a pine-cypress-
cabbage palm wetland (0.42 acres) near the western property boundary and the other a
hydric pine flatwoods (0.54 acres) on the east side that extends offsite (0.34 acres). The
majority of the remainder of the site comprises pine flatwoods, although unimproved
pasture areas and a palmetto prairie are located in the northern portion of the site. The
property is adjacent to undeveloped land to the east and west, Pine Ridge Rd. to the north,
and Hospice of Naples to the South.
EAC Meeting
Page 5 of 8
r-�
Wetlands:
The proposed site plan will impact the .54 acre hydric pine flatwoods to the east.
Mitigation will be provided for this wetland offsite in its entirety (including the offsite
portion) as permitted through SFWMD. The .42 acre pine-cypress-cabbage palm wetland
will be preserved, enhanced, and incorporated into the projects surface water management
system.
In order to offset the direct wetland impacts, onsite and offsite mitigation will be
provided. The onsite mitigation will include the preservation and enhancement of the
pine-cypress-cabbage wetland and also a portion of the uplands for buffering per the
SFWMD permit. The offsite mitigation will be purchased at Panther Island Mitigation
Bank(within the same drainage basin).
No adverse secondary or cumulative impacts are anticipated as a result of this
development and no adverse water quality or discharge impacts are anticipated.
Preservation Requirements:
The property contains about 10.86 acres of native vegetation. This includes Palmetto
Prairie (1.13 ac), Pine Flatwoods (9.9 ac), Pine-Cypress wetlands (0.42 ac), and Hydric
Pine Flatwoods (0.54 ac). The approved PUDs required 2.64 acres needed for
preservation, including at least 1.02 acres of indigenous preserve to be retained, and up to
1.62 acres to be replanted. The project development proposes to preserve .42 acres of
wetlands, 1.23 acres of uplands, and 1.44 acres are to be replanted in the dry detention
area,which exceeds the required amount in the PUD.
The 1.44 acre portion of the upland preserve that is proposed to be utilized as a water
management system will be cleared, filled, replanted, and utilized as part of the dry
detention and stormwater treatment. Storm water runoff will be directed into the proposed
dry detention surface water management system via catch basins and culverts for
pretreatment prior to overflow into the existing wetland system. This includes the use of
27 foot wide berms and 5 V2 foot high retaining walls within the creation areas to achieve
the appropriate hydrology for water quality, and hydrological enhancement of the wetland
preserves. The areas, which encompass the wall areas, are not included in the preserve
calculations. All slopes and areas on berms within the dry detention area will be planted
with native vegetation. These areas are noted on the site plans. The remaining .42 acres of
wetlands and 1.23 acres of uplands will be retained as preserve with no clearing or
regrading.
EAC Meeting
Page 6 of 8
Listed Species:
Environmental scientists from Boylan Environmental Consultants, Inc. conducted the
listed species survey in June and July 2003. Overlapping belt transects, approximately 10
to 50 feet apart were walked, depending on the density of the vegetation. In addition,
periodic stop-look-listens techniques were utilized to observe potential listed species. No
listed species were observed. The applicant is proposing to follow the "Standard
Protection Measures for the Eastern Indigo Snake" during construction. There should be
no impacts to the Eastern Indigo Snake. During the investigation a tree-to-tree survey was
conducted for the Red-Cockaded Woodpecker and no cavities or signs of utilization were
observed.
VII. RECOMMENDATIONS:
Staff recommends approval of 3500 Corporate Plaza PPL with the following
stipulations:
Stormwater Management:
An Environmental Resource Permit from the South Florida Water Management
District must be obtained prior to approval of any construction plans.
Environmental:
1. All irrigation in created and natural preserves shall be zoned separately, shall
be temporary and shall be removed or disconnected within one year of
installation of the plant material.
2. The planting plan for the created preserves shall be amended to provide the
appropriate plant species for the planted areas; taking into consideration the
water table, the soils and calculated annual inundation periods as a result of
the water management system design.
3. The created preserve planting plan shall be modified to comply with the
following LDC required planting criteria for the created preserves. "Plant
material shall be planted in a manner that mimics a natural plant community
and shall not be maintained as landscaping".
4. Walls that bisect the preserves shall be removed.
5. Annual monitoring reports shall be provided for the created preserves to
assure their success.
EAC Meeting
Page 7 of 8
PREPARED BY:
6' 23/11,9V Q5
STAN CHRZANeI' SKI, P.E. DATE
ENGINEERING REVIEW MANAGER
Ac-
S INA SANCHEZ DATE
ONMENTAL SPECIALIST
JA
ROBI / EYER D TE
PRIN I'AL PLANNER
REVIEWED BY:
-a 3 -QS
BARBARA S. BURGESON DATE
PRINCIPAL ENVIRONMENTA1 SPECIALIST
ENVIRONMENTAL SERVICES DEPARTMENT
EAC Meeting
Page 8 of 8
,I LIAM D. LO NZ, J .,PI., DIRECTOR DATE
ENVIRONMENTAL SERVICES DEPARTMENT
A-H S- 2Y - ;ir
SUSAN MURRAY, AICP,DIRECTS DATE
DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW
APPROVED BY:
(1/2E/2„.5'..-
J SEPH K. SCHMITT DAT
OMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES
ADMINISTRATOR
GOODLETTE COLEMAN & JOHNSON, P.A.
,.� ATTORNEYS AT LAW
Kevin G.Coleman Northern Trust Bank Building
J.Dudley Goodtette 4001 Tamiami Trail North
Kenneth R.Johnson Naples,Florida 34103
Richard D.Yovanovich (239)435-3535
Harold J.Webre,III (239)435-1218 Facsimile
Edmond E.Koester
Linda C.Brinkman
Craig D.Grider
Gregory L.Urbancic
Matthew L.Grabinski
Matthew R.Galloway Writer's e-mail: ryovanovich(ggcjlaw.com
May 13, 2005
Via Facsimile and U.S. Mail
David C.Weigel
County Attorney
Collier County Courthouse
3301 East Tamiami Trail
Naples, Florida 34112
Re: 3500 Corporate Plaza
AR-2004-6444
r.� Dear Mr. Weigel:
Thank you for taking the time to meet with us on May 9,2005. During that meeting,staff identified several
issues and areas of concern relating to the Growth Management Plan (GMP)and Land Development
Code (LDC)provisions concerning native vegetation and re-created preserves. As we indicated at the
conclusion of this meeting, we are submitting the following analysis to assist you in reviewing the
preservation requirements for the above referenced project.
As we discussed, Pine Ridge Investors of Naples, LLC, has submitted a site development plan (SDP),
proposing construction of two 42,000± sq. ft. buildings and accessory structures within the Pine Ridge
Center PUD and Pine Ridge Center West PUD. The two PUD's were approved as Ordinance 2001-08
(Pine Ridge Center) and Ordinance 2001-09 (Pine Ridge Center West). The two PUD's are now
commonly owned and the PUD's require shared supporting infrastructure in the way of an access road and
water management system. The proposed site development plan proposes construction of the shared
access road and water management systems consistent with Ordinances No.'s 2001-08 and 2001-09.
The proposed project will include the corporate offices for Kraft Construction and its related entities. The
proposed project qualifies for the EDC fast track review. The proposed project includes the re-creation of
native preservation areas. In addition, the proposed project utilizes portions of the native preservation
areas as water management facilities. County staff originally recommended approval of the proposed
project to the Environmental Advisory Council. At the last minute, County staff raised issues with utilizing
the native preservation areas for water management.
Although very similar in almost every detail, each PUD was approved with PUD specific environmental
conditions, which address retained native vegetation requirements, as well as specific revegetation
requirements permitted within each PUD. Section 4.10A Environmental of each PUD, which specifies
"natural habitat areas" requirements are listed below:
David C. Weigel
County Attorney
May 13, 2005
Page Two
Ordinance 2001-08— Pine Ridge Center
4.10 ENVIRONMENTAL
A. A minimum of 1.31 acres of natural habitat areas shall be provided on-site, including both
the under-story and the ground cover emphasizing the largest contiguous area possible.
These natural habitat areas shall consist of at least 0.51 acre of native vegetation that is
retained on-site as shown on the PUD Master Plan and up to .80 acre of native vegetation
that is replanted elsewhere on-site, as described in Section 3.9.5.5.3 of the Land
Development Code. (emphasis supplied).
Ordinance 2001-09—Pine Ridge Center West
4.10 ENVIRONMENTAL
A. A minimum of 1.33 acres of natural habitat areas shall be provided on-site, including both
the under-story and the ground cover emphasizing the largest contiguous area possible.
These natural habitat areas shall consist of at least 0.51 acres of native vegetation that is
retained on-site as shown on the PUD Master Plan and up to .82 acres of native vegetation
that is replanted elsewhere on-site, as described in Section 3.9.5.5.3 of the Land
Development Code. (emphasis supplied).
The pending SDP for the 3500 Corporate Plaza project proposes the following native vegetation
preservation and revegetated preserve calculations:
Preserve Calculations:
Ordinance Number 2001-08—Pine Ridge Center
Required 1.33 ac. total
.51 ac. retained
.82 ac. replanted
Provided 1.33 ac. total
.68 ac. retained
.65 ac. replanted
Ordinance Number 2001-09—Pine Ridge Center West
Required: 1.31 ac. total
.51 ac. retained
.80 ac. replanted
Provided: 1.82 ac. total
1.05 ac. retained
.77 ac. replanted
David C. Weigel
County Attorney
May 13, 2005
Page Three
The proposed SDP retains in place.54 acres more native vegetation than required by the controlling PUD
documents. Re-created preserve areas are approximately.20 acres less than the maximum permitted by
Ordinance Numbers 2001-08 and 2001-09.
Additionally, it should be noted that under the GMP, Conservation, and Coastal Management Element,
Policy 6.1.1,only fifteen percent(15%)of the existing native vegetation is required to be retained. Based
on the FLUCCS mapping of the site, approximately 11 total acres of the 17±acre site presently support
native vegetation. The GMP requires only a minimum of 1.65 acres of native vegetation to be retained on-
site. The PUD and SDP require the preservation of 2.64 acres of vegetation,or approximately.99 acres
greater than required by the GMP and LDC.
The preserve areas are generally located in the areas labeled as native preservation on the PUD Master
Plans. The latest EIS indicated the presence of a .5±acre wetland that was not previously identified during
the initial rezonings. In order to preserve the wetland, it was incorporated into the native vegetation
preserve for the project. Rather than constructing a separate water management retention system, the
project engineer, with concurrence by the South Florida Water Management District, is utilizing the
preserved wetland area as a component of the overall project water management system.
The approved master plans for both PUD's clearly specify that the plans are conceptual in nature and that
natural areas will be determined at the time of SDP submittal. The text on the master plan follows:
This is a conceptual Master Plan. Final design shall depend upon
the specific requirements at the time of Site Development Plan
submittal. Location of all improvements and natural areas shall be
determined at time of SDP submittal.
The approved Master Plan is incorporated into the text of the PUD document. Therefore,the note on the
Master Plan is binding upon the County.
The two re-created native vegetation areas permitted by the respective PUD's have been located along the
southern and eastern project boundaries. The re-created preserves encompass an area less than
permitted by Ordinance Numbers 2001-08 and 2001-09,which also results in a greater amount of retained
native vegetation than required. Portions of the re-created preserves will be regraded and the berm,also
utilized to provide a water management function, will be replanted with a variety of native plant species
tolerant of the level of inundation that may occur during the most severe design rainfall event. These re-
created preserve areas will also be placed in a conservation easement,just as required for retained native
vegetation areas. In accordance with Policy 6.1.1 of the Conservation and Coastal Management Element,
these preserves will be placed in a Conservation easement, and an appropriate management plan has
been provided to insure that the preserves are maintained in a manner to assure long-term survivability of
the vegetation that will be replanted in accordance with Section 4.10.A. of the PUD's.
The project as proposed is consistent with the environmental conditions of the respective PUD Ordinances,
and the conceptual PUD Master Plans.
David C. Weigel
County Attorney
May 13, 2005
Page Four
Policy 6.1.1 of the Conservation and Coastal Management Element requires that commercial projects
provide a minimum of fifteen percent(15%)of the native vegetation to be retained on-site and placed in a
protective conservation easement. The Policy further notes that exceptions to the retention requirements
by means of mitigation in the form of increased landscape requirements shall be granted as follows:
(7) Exceptions, by means of mitigation in the form of increased
landscape requirements shall be granted for parcels that cannot
reasonably accommodate both the preservation area and the
proposed activity. Criteria for allowing these exceptions include:
(a) Where site elevations or conditions requires
placement of fill thereby harming or reducing the
survivability of the native vegetation in its existing
locations;
(b) Where the existing vegetation required by this
policy is located where proposed site improvements
are to be located and such improvements cannot
be relocated as to protect the existing native
vegetation;
(c) Where native preservation requirements are not
accommodated,the landscape plan shall re-create
a native plant community in all three strata
(ground covers, shrubs and trees), utilizing larger
plant materials so as to more quickly re-create the lost
mature vegetation. (emphasis added).
Policy 6.1.2(7)clearly provides that mitigation through increased landscape requirements can occur when
the parcel cannot reasonably accommodate both the preservation requirements and the proposed activity.
The proposed activity is the project proposed by the property owner. The proposed activity is not a project
designed by County staff. Therefore, the County can determine that a project is consistent with Policy
6.1.2 if it determines that the project proposed by the property owner cannot be reasonably accommodated
without mitigation.
The project as proposed will preserve an approximate.84 acres of native vegetation greater than required
under the GMP Policy 6.1.1. Due to the presence of the nearly.75 acre wetland not previously identified
through the EIS prepared for the rezoning,the applicant has modified the location of the retained preserves
to incorporate on-site wetlands,which is the second highest ranking priority for preservation under Policy
6.1.1 of the Conservation and Coastal Management Element.
Due to the required control elevations and increased(newly required)water quality treatment requirements
established during the SFWMD ERP permit process, fill dirt of approximately 4 feet - 5 feet must be
imported on-site. These fill requirements and resulting site elevations will require existing vegetation to be
impacted in areas proposed as re-created preserves in accordance with Ordinances 2001-08 and 2001-09.
Because of the extensive fill requirements,the site cannot fulfill all native vegetation requirements through
on-site preservation; therefore, the project is consistent with Policy 6.1.1.
David C. Weigel
County Attorney
May 13, 2005
Page Five
Section 3.05.07.H.1.e of the LDC provides the current standards for re-created preserve areas. This
section allows the re-creation of preserves when the parcel cannot reasonably accommodate both the on-
site preserve area and the proposed activity. This section of the LDC requires re-created preserves to
include a replanting plan re-creating a native plant community in all three strata,consisting of larger plant
materials so as to more quickly re-create the lost mature vegetation. A copy of this text of the LDC is
included as Attachment#1. In addition, Section 3.05.07.H.ii(b)specifically addresses the amount of re-
created preserve that can occur. Accordingly,the size of the project is limited by the amount of re-created
preserve that can occur. Therefore,a property owner cannot simply design the project to meet its needs by
destroying native area and replanting native areas in a location more convenient to the property owner. By
specifically addressing the maximum area that can be re-created,the Board of County Commissioners has
specifically authorized the impacting of native areas to accommodate the project.
The applicant has provided a landscape plan consistent with Section 3.05.07 of the LDC,which includes
native plantings at all three strata and in species that are tolerant of the replanting conditions. The re-
created preserve areas do incorporate a portion of a berm that also serves as a component of the project's
dry detention system. The berm is proposed to be incorporated into the conservation easement required
for preserve areas, consistent with Section 3.05.07 of the LDC. Water management berms are not
specifically prohibited as uses within preserves in Section 3.05.07 of the LDC. Section 3.05.07.H.1.h of the
LDC states:
h. Allowable uses within preserve areas. Passive recreational uses such as
pervious nature trails or boardwalks are allowed within the preserve areas, as
long as any clearing required to facilitate these uses does not impact the
minimum required vegetation. For the purpose of this section, passive
recreational uses are those uses that would allow limited access to the preserve
in a manner that will not cause any negative impacts to the preserve, such as
pervious pathways, benches and educational signs. Fences may be utilized
outside of the preserves to provide protection in the preserves in accordance
with the protected species section 3.04.01 D.1.c. Fences and walls are not
permitted within the preserve area.
It is clear that the purpose of this section is to address passive recreational uses in a preserve. This
section is not an absolute limitation on uses within a preserve. This section of the LDC mandates that the
passive recreational uses specifically mentioned may be permitted as long as any clearing does not impact
the native vegetation. Clearly the intent of this provision was to assure that the native vegetation would not
be interfered with by other uses in the area. In addition, nowhere in the LDC or GMP does it specify that
re-created preserves cannot have undulating land elevations similar to many naturally occurring conditions.
Further, berms are not prohibited uses in preserves and when properly graded and replanted will offer
sustained vegetation and habitat, consistent with the intent of this LDC section. The GMP and the LDC
contain no specific provision prohibiting the use of any preserve area to also serve a water management
function. The proposed areas where dry detention will also be included in a preserve area occur only with
re-created preserves and the existing wetland found on-site. It is routinely approved by staff to incorporate
both dry and wet retention areas into wetland preserves. This fact implicitly acknowledges that water
management functions and preserve designations are consistent uses.
David C. Weigel
County Attorney
May 13, 2005
Page Six
Policy 6.1.1 (5)of the GMP permits passive uses in a preserve as long as the minimum required vegetation
remains. This policy addresses that uses that encourage people to utilize the preserve area. There is no
policy in the GMP that provides that the preserve area cannot serve also as a water management area.
The use of re-created preserve areas for water management functions can be successfully implemented
with the appropriate selection of native plant materials. The proposed project has incorporated into the re-
created preserves, vegetation that will survive periodic inundation and normal dry conditions. The South
Florida Water Management District has approved the project design.
The re-created preserve areas and their use as a dual function for stormwater attenuation requires site
alteration including the use of berms and retaining walls. In order to re-create native planting areas
consistent with the approved PUD documents, site alteration with the preserve is required. Section
3.05.07.H.3 of the LDC does restrict site alterations within 10 feet of a preserve; however, this standard
was not specifically written to restrict re-created preserves. Furthermore,Section 3.05.07.H.3 does permit
site alteration within 10 feet of a preserve and where it can be demonstrated that no negative impacts
result,fill can be placed within 10 feet of a wetland preserve. The re-created preserves proposed for this
project will result in quality native vegetation at all three strata that through the required conservation
easements and preserve management plan will insure long term survivability. Areas where retaining walls
are utilized to support the water management system have not been included in the preserve area
calculations.
The proposed SDP is consistent with the Future Land Use Element and Conservation and Coastal
Management Elements of the GMP. The project is located in Activity Center#10,which permits a full array
of commercial land uses. The Activity Centers have been identified as the locations where almost all new
commercial development must occur.
The Conservation and Coastal Management Element of the GMP contains policies applicable to
preservation of native vegetation. Policy 6.1.1 requires commercial projects to provide minimum on-site
native vegetation equal to fifteen percent(15%)of the existing native vegetation on-site. The approved
project will retain nearly one acre(.99 acres)of native vegetation greater than required by the GMP or LDC.
The subject PUD's were approved with specific native retention and re-created standards. The proposed
project exceeds both standards.
In order to support the proposed development scenario,the site cannot fully accommodate the preserve
requirements solely through the use of retained in place vegetation,thereby requiring re-created preserve
areas in accordance with the respective PUD ordinances and GMP Policy 6.1.1 of the Conservation and
Coastal Management Element.
Portions of the re-created preserves have been designed to serve as both Stormwater Management and
re-created native vegetation preserves. The re-created preserves does contain a berm that will be
replanted with native vegetation at all three strata. The GMP,LDC and respective PUD ordinances do not
prohibit berms from being located within re-created preserves. Section 3.05.07 of the LDC does permit site
alteration within preserves where the vegetation is not harmed. In the case of the re-created preserves on
this site,the altered site areas are being completely revegetated with native vegetation at all three strata
consistent with Section 3.05.07 of the LDC.
David C. Weigel
County Attorney
May 13, 2005
Page Seven
The GMP and LDC require that the retained and re-created preserves be placed in a non-exclusive
conservation easement,the property owner must develop a preserve management plan and designate a
professional preserve manager to oversee the preserves and insure that they are properly managed and
maintained in perpetuity. The proposed preservation and re-created preserve areas have been designed
by Biological and Engineering professionals, whom have provided a site design, which will fulfill the
standards and policies of the GMP and LDC. The proposed environmental and engineering design is
appropriate for the site given its location,quality of on-site vegetation, and lack of connectivity to off-site
preservation areas. The hydrology of the site will be maintained to provide for water quality, native
vegetation preservation,and wetland rehydration,consistent with the Goals,Objectives,and Policies of the
GMP.
It is our opinion that the project as designed is consistent with the Growth Management Plan, Land
Development Code and PUD ordinances,and this project should receive a recommendation of approval
with the following stipulations:
1. An Environmental Resource Permit from the South Florida Water Management District must be
obtained prior to approval of any construction plans. (This has been obtained.)
2. At the time of construction of improvements on the site, to the maximum extent possible the site's
topsoil (first 6 inches of the soil strata)will be stockpiled onsite for use in the construction of the created
preserve areas. The bottom of the created preserve areas and the slopes will be constructed using the
topsoil with priority to having the topsoil placed in the top 6 inches of the bottom and slopes,to assist with
growth and development of the re-planted vegetation.
If you have any questions or need additional clarification or justification regarding this matter, please feel
free to contact me.
Very truly yours,
,__e_dAcct,2_,01(
s,t1-4A-1124 C-44-112 —.1
Richard D. YovanovichC
RDY:smc
Cc: Marjorie Student-Stirling
Joe Schmitt
Bill Lorenz
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6.11 and 6.12 of SFWMD's Basis of Review, January 2001.
d. Protective covenants. Preserve areas shall be identified as
separate tracts or easements , with access to them from a
platted right-of-way . No individual residential or commercial lot ,
parcel lines, or other easements such as utility or access
easements , may project into a Preserve. All required easements
or tracts for preserves shall be dedicated to the County without
placing on the County the responsibility for maintenance or to a
property owners' association or similar entity with maintenance
responsibilities. The protective covenants for the tract or
easement shall establish the permitted uses for said easement
(s) and/or tracts on the final subdivision plat. A nonexclusive
easement or tract in favor of the County, without any
maintenance obligation, shall be provided for all preserves on the
preliminary and final subdivision plats and all final development
order site plans. The boundaries of all preserve easements shall
be dimensioned on the final subdivision plat.
e. Created preserves. Created Preserves shall be allowed for
parcels that cannot reasonably accommodate both the required
on-site preserve area and the proposed activity.
i. Applicability. Criteria for allowing created preserves
include:
(a) Where site elevations or conditions requires
placement of fill thereby harming or reducing the
survivability of the native vegetation in its existing
locations;
(b) Where the existing vegetation required by
this policy is located where proposed site
improvements are to be located and such
improvements cannot be relocated as to protect the
existing native vegetation ;
(c) Where native preservation requirements
cannot be accommodated, the landscape plan shall
re-create a native plant community in all three
strata (ground covers, shrubs and trees), utilizing
larger plant materials so as to more quickly re-
create the lost mature vegetation. These areas
shall be identified as created preserves.
(d) When a State or Federal permit requires
creation of native habitat on site. The created
preserve acreage may fulfill all or part of the native
vegetation requirement when preserves are
planted with all three strata; using the criteria set
forth in Created Preserves. This exception may be
granted, regardless of the size of the project.
(e) When small isolated areas (of less than 1/2
acre in size) of native vegetation exist on site. In
cases where retention of native vegetation results
in small isolated areas of 1/2 acre or less,
preserves may be planted with all three strata;
using the criteria set forth in Created Preserves
and shall be created adjacent existing native
vegetation areas on site or contiguous to
preserves on adjacent properties. This exception
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may be granted, regardless of the size of the
project.
(f) When an access point to a project cannot be
relocated. To comply with obligatory health and
safety mandates such as road alignments required
by the State, preserves may be impacted and
created elsewhere on site.
ii. Required Planting Criteria:
(a) Where created preserves are approved, the
landscape plan shall re-create a native plant
community in all three strata (ground cover, shrubs
and trees), utilizing larger plant materials so as to
more quickly re-create the lost mature vegetation.
Such re-vegetation shall apply the standards of
section 4.06.05 C. of this Code, and include the
following minimum sizes: one gallon ground cover;
seven (7) gallon shrubs; fourteen (14) foot high
trees with a seven foot crown spread and a dbh
( diameter at breast height ) of three inches. The
spacing of the plants shall be as follows: twenty to
thirty foot on center for trees with a small canopy
(less than 30 ft. mature spread) and forty foot on
center for trees with a large canopy (greater than
30 ft. mature spread), five foot on center for shrubs
and three foot on center for ground covers. Plant
material shall be planted in a manner that mimics a
natural plant community and shall not be
maintained as landscaping. Minimum sizes for
plant material may be reduced for scrub and other
xeric habitats where smaller size plant material are
better suited for re-establishment of the native plant
community.
(b) Approved created preserves may be used to
recreate:
(1) not more than one acre of the
required preserves if the property has less
than twenty acres of existing native
vegetation .
(2) not more than two acres of the
required preserves if the property has equal
to or greater than twenty acres and less
than eighty acres of existing native
vegetation .
(3) not more than 10% of the required
preserves if the property has equal to or
greater than eighty acres of existing native
vegetation .
(c) The minimum dimensions shall apply as set
forth in 3.05.07H.1.b.
(d) All perimeter landscaping areas that are
requested to be approved to fulfill the native
vegetation preserve requirements shall be labeled
as preserves and shall comply with all preserve
setbacks .
http://library2.municode.com/gateway.dlUfl/florida/43480/43499/43504?f=templates$fn=d... 5/13/2005
s'Al o SOUTH FLORIDA WATER MANAGEMENT DISTRICT
�_\1 R
,V ENVIRONMENTAL RESOURCE
STANDARD GENERAL PERMIT NO. 11-02363-P
,--•, DATE ISSUED: December 17,2004
Form#0941
08/95 PPL-2004-AR-6399 REV: 3
Project: 2004080054
PERMITTEE: PINE RIDGE INVESTOR OF NAPLES LLC
2606 S HORSESHOE DR Date: 1/28/05 DUE: 2/11/05
NAPLES, FL 34104-6121
...._._...
PROJECT DESCRIPTION: This application is a request for an Environmental Resource Permit authorizing
construction and operation of a surface water management system serving 17.09
acre commercial development known as Pine Ridge Center with discharge into
waters of 1-75 Canal via the Kensington Canal.
PROJECT LOCATION: COLLIER COUNTY, SEC 18 TWP 49S RGE 26E
PERMIT DURATION: See Special Condition No:1. See attached Rule 40E-4.321, Florida Administrative
Code.
This is to notify you of the District's agency action concerning Notice of Intent for Permit Application No. 040503-24, dated May 3, 2004.
This action is taken pursuant to Rule 40E-1.603 and Chapter 40E-40,Florida Administrative Code(F.A.C.).
Based on the information provided, District rules have been adhered to and an Environmental Resource General Permit is in effect for this
project subject to:
1. Not receiving a filed request for a Chapter 120,Florida Statutes,administrative hearing.
2. the attached 19 General Conditions (See Pages: 2-4 of 7 ),
3. the attached 28 Special Conditions(See Pages: 5-7 of 7 ) and
4. the attached 3 Exhibit(s).
Should you object to these conditions, please refer to the attached"Notice of Rights"which addresses the procedures to be followed if you
desire a public hearing or other review of the proposed agency action. Please contact this office if you have any questions concerning this
matter. If we do not hear from you in accordance with the"Notice of Rights,"we wilt assume that you concur with the District's action.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a "Notice of Rights" has been mailed to the Permittee (and the persons listed in the
attached distribution list) no later than 5:00 p.m. on this 17th day of December, 2004, in accordance with Section
120.60(3), Florida Statutes.%
BY:- .1.,,:.<L:..tib:.:.. -xL+ •k. i :i 34
`J cg4eline Rippe, P.E.
/rector
Lower West Coast Service Center
Certified mail number 7004 0750 0004 1651 8703
Page 1 of 7
"•-..h
•
NOTICE OF RIGHTS
Section 120.569(1), Fla. Stat. (1999), requires that "each notice shall inform the recipient of any administrative hearing or
judicial review that is available under this section, s. 120.57, or s. 120.68; shall indicate the procedure which must be
followed to obtain the hearing or judicial review, and shall state the time limits which apply." Please note that this Notice of
Rights is not intended to provide legal advice. Not all the legal proceedings detailed below may be an applicable or
appropriate remedy.You may wish to consult an attorney regarding your legal rights.
Petition for Administrative Proceedings d. State Lands Environmental Resource
1. A person whose substantial interests are Permit: Pursuant to Section 373.427, Fla. Stat., and Rule
affected by the South Florida Water Management District's 40E-1.511(3), Ha. Admin. Code (also published as an
(SFWMD)action-has the right to request an administrative exception to the Uniform Rules of Procedure as Rule 40E-
hearing on that action. The affected person may request 0.109(2)(c)), a petition objecting to the SFWMD's agency
••
either a formal or an informal hearing, as set forth below. A action regarding consolidated applications for
point of entry into administrative proceedings is governed Environmental Resource Permits and Use of Sovereign
by Rules 28-106.111 and 40E-1.511. Fla. Admin. Code, Submerged Lands (SLERPs), must be filed within 14 days
(also published as an exception to the Uniform Rules of of the notice of consolidated intent to grant or deny the
Procedure as Rule 40E-0.109). as set forth below. SLERP. Petitions must substantially comply with the
Petitions are deemed filed upon receipt of the original requirements of either subsection a. orb. above.
documents by the SFWMD Clerk.
e. Emergency Authorization and Order:
a. Formal Administrative Hearing: If a A person whose substantial interests are affected by a
genuine issue(s) of material fact is in dispute, the affected SFWMD Emergency Authorization and Order, has a right
person seeking a formal hearing on a SFWMD decision to file a petition under Sections 120.569, 120.57(1), and
which does or may determine their substantial interests 120.57(2), Fla. Stat., as provided in subsections a. and b.
shall file a petition for hearing pursuant to Sections 120.569 above. However, the person, or the agent of the person
and 120.57(1), Fla. Stat. or for mediation pursuant to responsible for causing or contributing to the emergency
Section 120.573, Fla. Stat. within 21 days, except as conditions shall take whatever action necessary to cause
provided in subsections c. and d. below, of either written immediate compliance with the terms of the Emergency
notice through mail or posting or publication of notice that Authorization and Order.
the SFWMD has or intends to take final agency action.
Petitions must substantially comply with the requirements f. Order for Emergency Action: A person
of Rule 28-106.201(2), Fla. Admin. Code, a copy of the whose substantial interests are affected by a SFWMD
which is attached to this Notice of Rights. Order for Emergency Action has a right to file a petition
pursuant to Rules 28-107.005 and 40E-1.611, Fla. Admin.
b. Informal Administrative Hearing: If there Code,copies of which are attached to this Notice of Rights,
are no issues of material fact in dispute, the affected and Section 373.119(3), Fla. Stat., for a hearing on the
person seeking an informal hearing on a SFWMD decision Order. Any subsequent agency action or proposed agency
which does or may determine their substantial interests action to initiate a formal revocation proceeding shall be
shall file a petition for hearing pursuant to Sections 120.569 separately noticed pursuant to section g. below.
and 120.57(2), Fla. Stat. or for mediation pursuant to
Section 120.573, Fla. Stat. within 21 days, except as g. Permit Suspension, Revocation,
provided in subsections c. and d. below, of either written Annulment, and Withdrawal: If the SFWMD issues an
notice through mail or posting or publication of notice that administrative complaint to suspend, revoke, annul, or
the SFWMD has or intends to take final agency action. withdraw a permit, the permittee may request a hearing to
Petitions must substantially comply with the requirements be conducted in accordance with Sections 120.569 and
of Rule 28-106.301(2), Fla. Admin. Code, a copy of the 120.57, Fla. Stat., within 21 days of either written notice
which is attached to this Notice of Rights. through mail or posting or publication of notice that the
SFWMD has or intends to take final agency action.
c. Administrative Complaint and Order: Petitions must substantially comply with the requirements
If a Respondent objects to a SFWMD Administrative of Rule 28-107.004(3), Fla. Admin. Code, a copy of the
Complaint and Order, pursuant to Section 373.119, Fla. which is attached to this Notice of Rights.
Stat. (1997), the person named in the Administrative
• Complaint and Order may file a petition for a hearing no 2. Because the administrative hearing process
later than 14 days after the date such order is served. is designed to formulate final agency action, the filing of
Petitions must substantially comply with the requirements a petition means that the SFWMD's final action may be
of either subsection a. or b. above. different from the position taken by it previously.
Persons whose substantial interests may be affected by
Revised August, 2000
any such final decision of the SFWMD shall have, DISTRICT COURT OF APPEAL
pursuant to Rule 40E-1.511(2), Fla. Admin. Code (also 8. Pursuant to Section 120.68, Fla. Stat., a party
published as an exception to the Uniform Rules of who is adversely affected by final SFWMD action may
Procedure as Rule 40E-0.109(2)(c)), an additional 21 seek judicial review of the SFWMD's final decision by filing
days from the date of receipt of notice of said decision to a notice of appeal pursuant to Florida Rule of Appellate
request an administrative hearing. However, the scope of Procedure 9.110 in the Fourth District Court of Appeal or in
the administrative hearing shall be limited to the the appellate district where a party resides and filing a
substantial deviation. second copy of the notice with the SFWMD Clerk within 30
days of rendering of the final SFWMD action.
3. Pursuant to Rule 40E-1.511(4), Fla. Admin.
Code, substantially affected persons entitled to a hearing LAND AND WATER ADJUDICATORY COMMISSION
i 9. A art to a "proceedingbelow" may to Section 120.57(1), Fla. Stat., may waive their pally seek
right to such a hearing and request an informal hearing review by the Land and Water Adjudicatory Commission
before the Governing Board pursuant to Section 120.57(2), (FLAWAC)of SFWMD's final agency action to determine if
Fla. Stat., which may be granted at the option of the such action is consistent with the provisions and purposes
Governing Board. of Chapter 373, Fla. Stat. Pursuant to Section 373.114,
Fla. Stat., and Rules 42-2.013 and 42-2.0132, Fla. Admin.
4. Pursuant to Rule 28-106.111(3), Fla. Admin. Code, a request for review of (a) an order or rule of the
Code, persons may file with the SFWMD a request for SFWMD must be filed with FLAWAC within 20 days after
extension of time for filing a petition. The SFWMD, for rendition of the order or adoption of the rule sought to be
good cause shown, may grant the extension. The request reviewed; (b) an order of the Department of Environmental
for extension must contain a certificate that the petitioner Protection (DEP) requiring amendment or repeal of a
has consulted with all other parties, if any, concerning the SFWMD rule must be filed with FLAWAC within 30 days of
extension and that the SFWMD and all other parties agree rendition of the DEP's order, and (c) a SFWMD order
to the extension. entered pursuant to a formal administrative hearing under
Section 120.57(1), Fla. Stat., must be filed no later than 20
CIRCUIT COURT days after rendition of the SFWMD's final order.
5. Pursuant to Section 373.617, Fla. Stat., any Simultaneous with filing, a copy of the request for review
substantially affected person who claims that final agency must be served on the DEP Secretary, any person named
action of the SFWMD relating to permit decisions in the SFWMD or DEP final order, and all parties to the
constitutes an unconstitutional taking of property without proceeding below. A copy of Rule 42-2.013, Fla. Admin.
just compensation may seek judicial review of the action in Code is attached to this Notice of Rights.
• circuit court by filing a civil action in the circuit court in the
judicial circuit in which the affected property is located PRIVATE PROPERTY RIGHTS PROTECTION ACT
within 90 days of the rendering of the SFWMD's final 10. A property owner who alleges a specific action
agency action. of the SFWMD has inordinately burdened an existing use
of the real property, or a vested right to a specific use of
6. Pursuant to Section 403.412, Fla. Stat., any the real property, may file a claim in the circuit court where
citizen of Florida may bring an action for injunctive relief the real property is located within 1 year of the SFWMD
against the SFWMD to compel the SFWMD to enforce the action pursuant to the procedures set forth in Subsection
laws of Chapter 373, Fla. Stat., and Title 40E, Fla. Admin. 70.001(4)(a), Fla. Stat.
Code. The complaining party must file with the SFWMD
Clerk a verified complaint setting forth the facts upon which LAND USE AND ENVIRONMENTAL DISPUTE RESOLUTION
the complaint is based and the manner in which the 11. A property owner who alleges that a SFWMD
complaining party is affected. If the SFWMD does not take development order (as that term is defined in Section
appropriate action on the complaint within 30 days of 70.51(2)(a), Fla. Stat. to include permits) or SFWMD
receipt, the complaining party may then file a civil suit for enforcement action is unreasonable, or unfairly burdens
injunctive relief in the 151 Judicial Circuit in and for Palm the use of the real property, may file a request for relies.
Beach County or circuit court in the county where the with the SFWMD within 30 days of receipt of the SFWMD's
cause of action allegedly occurred. order or notice of agency action pursuant to the procedures
set forth in Subsections 70.51(4)and (6), Fla.Stat.
7. Pursuant to Section 373.433, Fla. Stat., a MEDIATION
private citizen of Florida may file suit in circuit court to 12. A person whose substantial interests are,
require the abatement of any stormwater management or may be, affected by the SFWMD's action may choose
system,dam, impoundment, reservoir, appurtenant work or mediation as an alternative remedy under Section 120.573,
works that violate the provisions of Chapter 373, Fla. Stat. Fla. Stat. Pursuant to Rule 28-106.111(2), Fla. Admin.
Code, the petition for mediation shall be filed within 21
days of either written notice through mail or posting or
Revised August.2000
Application No. 040503-24
Page 2 of 7
GENERAL CONDITIONS
1. All activities authorized by this permit shall be implemented as set forth in the plans, specifications and
performance criteria as approved by this permit. Any deviation from the permitted activity and the
conditions for undertaking that activity shall constitute a violation of this permit and Part IV, Chapter 373.
F.S.
2. This permit or a copy thereof, complete with all conditions, attachments, exhibits, and modifications shall
be kept at the work site of the permitted activity The complete permit shall be available for review at the
work site upon request by District staff. The permittee shall require the contractor to review the complete
permit prior to commencement of the activity authorized by this permit.
3. Activities approved by this permit shall be conducted in a manner which does not cause violations of State
water quality standards. The permittee shall implement best management practices for erosion and
pollution control to prevent violation of State water quality standards. Temporary erosion control shall be
implemented prior to and during construction, and permanent control measures shall be completed within 7
days of any construction activity. Turbidity barriers shall be installed and maintained at all locations where
the possibility of transferring suspended solids into the receiving waterbody exists due to the permitted
work. Turbidity barriers shall remain in place at all locations until construction is completed and soils are
stabilized and vegetation has been established. All practices shall be in accordance with the guidelines
and specifications described in Chapter 6 of the Florida Land Development Manual; A Guide to Sound
Land and Water Management (Department of Environmental Regulation, 1988), incorporated by reference
in Rule 40E-4.091, F.A.C. unless a project-specific erosion and sediment control plan is approved as part
of the permit. Thereafter the permittee shall be responsible for the removal of the barriers. The permittee
shall correct any erosion or shoaling that causes adverse impacts to the water resources.
4. The permittee shall notify.the District of the anticipated construction start date within 30 days of the date
that this permit is issued. At least 48 hours prior to commencement of activity authorized by this permit,
the permittee shall submit to the District an Environmental Resource Permit Construction Commencement
Notice Form Number 0960 indicating the actual start date and the expected construction completion date.
5. When the duration of construction will exceed one year, the permittee shall submit construction status
reports to the District on an annual basis utilizing an annual status report form. Status report forms shall be
submitted the following June of each year.
6. Within 30 days after completion of construction of the permitted activity, the permitee shall submit a written
statement of completion and certification by a professional engineer or other individual authorized by law,
utilizing the supplied Environmental Resource/Surface Water Management Permit Construction
Completion/Certification Form Number 0881A, or Environmental Resource/Surface Water Management
Permit Construction Completion Certification - For Projects Permitted prior to October 3,.1 995 Form No.
0881B, incorporated by reference in Rule 40E-1.659, F.A.C. The statement of completion and certification
shall be based on onsite observation of construction or review of as-built drawings for the purpose of
determining if the work was completed in compliance with permitted plans and specifications. This
submittal shall serve to notify the District that the system is ready for inspection. Additionally, if deviation
from the approved drawings are discovered during the certification process, the certification must be
accompanied by a copy of the approved permit drawings with deviations noted. Both the original and
revised specifications must be clearly shown. The plans must be clearly labeled as "as-built" or "record"
drawings. All surveyed dimensions and elevations shall be certified by a registered surveyor.
7. The operation phase of this permit shall not become effective: until the permittee has complied with the
requirements of condition (6) above, and submitted a request for conversion of Environmental Resource
Permit from Construction Phase to Operation Phase, Form No. 0920; the District determines the system to
be in compliance with the permitted plans and specifications; and the entity approved by the District in
accordance with Sections 9.0 and 10.0 of the Basis of Review for Environmental Resource Permit
Applications within the South Florida Water Management District, accepts responsibility for operation and
maintenance of the system. The permit shall not be transferred to such approved operation and
Application No. 040503-24
Page 3 of 7
GENERAL CONDITIONS
maintenance entity until the operation phase of the permit becomes effective. Following inspection and
approval of the permitted system by the District, the permittee shall initiate transfer of the permit to the
approved responsible operating entity if different from the permittee. Until the permit is transferred
pursuant to Section 40E-1.6107, F.A.C., the permittee shall be liable for compliance with the terms of the
permit.
8. Each phase or independent portion of the perrnitted system must be completed in accordance with the
permitted plans and permit conditions prior to the initiation of the permitted use of site infrastructure located
within the area served by that portion or phase of the system. Each phase or independent portion of the
system must be completed in accordance with the permitted plans and permit conditions prior to transfer of
responsibility for operation and maintenance of the phase or portion of the system to a local government or
other responsible entity.
9. For those systems that will be operated or maintained by an entity that will require an easement or deed
restriction in order to enable that entity to operate or maintain the system in conformance with this permit,
such easement or deed restriction must be recorded in the public records and submitted to the District
along with any other final operation and maintenance documents required by Sections 9.0 and 10.0 of the
Basis of Review for Environmental Resource Permit applications within the South Florida. Water
Management District, prior to lot or units sales or prior to the completion of the system, whichever comes
first. Other documents concerning the establishment and authority of the operating entity must be filed with
the Secretary of State, county or municipal entities. Final operation and maintenance documents must be
received by the District when maintenance and operation of the system is accepted by the local
government entity. Failure to submit the appropriate final documents will result in the permittee remaining
liable for carrying out maintenance and operation of the permitted system and any other permit conditions.
10. Should any other regulatory agency require changes to the permitted system, the permittee shall notify the
District in writing of the changes prior to implementation so that a determination can be made whether a
permit modification is required.
11. This permit does not eliminate the necessity to obtain any required federal, state, local and special district
authorizations prior to the start of any activity approved;by this permit. This permit does not convey to the
permittee or create in the permittee any property right, or any interest in real property, nor does it authorize
any entrance upon or activities on property which is not owned or controlled by the permittee, or convey
any rights or privileges other than those specified in the permit and Chapter 40E-4 or Chapter 40E-40,
F.A.C..
12. The permittee is hereby advised that Section 253.77, F.S. states that a person may not commence any
excavation, construction, or other activity involving the use of sovereign or other lands of the State, the title
to which is vested in the Board of Trustees of the Internal Improvement Trust Fund without obtaining the
required lease, license, easement, or other form of consent authorizing the proposed use. Therefore, the
permittee is responsible for obtaining any necessary authorizations from the Board of Trustees prior to
commencing activity on sovereignty lands or other state-owned lands.
13. The permittee must obtain a Water Use permit prior to construction dewatering, unless the work qualifies
for a general permit pursuant to Subsection 40E-20.302(3), F.A.C., also known as the "No Notice" Rule.
14. The permittee shall hold and save the District harmless from any and all damages, claims, or liabilities
which may arise by reason of the construction, alteration, operation, maintenance, removal, abandonment
or use of any system authorized by the permit.
15. Any delineation of the extent of a wetland or other surface water submitted as part of the permit application,
including plans or other supporting documentation, shall not be considered binding, unless a specific
condition of this permit or a formal determination under Section 373.421(2), F.S., provides otherwise.
16. The permittee shall notify the District in writing within 30 days of any sale, conveyance, or other transfer of
Application No. 040503-24
Page 4 of 7
GENERAL CONDITIONS
ownership or control of a permitted system or the real property on which the permitted system is located.
• All transfers of ownership or transfers of a permit are subject to the requirements of Rules 40E-1.6105 and
40E-1.6107, F.A.C.. The permittee transferring the permit shall remain liable for corrective actions that
may be required as a result of any violations prior to the sale, conveyance or other transfer of the system.
17. Upon reasonable notice to the permittee, District authorized staff with proper identification shall have
permission to enter, inspect, sample and test the system to insure conformity with the plans and
specifications approved by the permit.
18. If historical or archaeological artifacts are discovered at any time on the project site, the permittee shall
immediately notify the appropriate District service center.
19. The permittee shall immediately notify the District in writing of any previously submitted information that is
later discovered to be inaccurate.
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• Application No. 040503-24
Page 5 of 7
SPECIAL CONDITIONS
1. The construction phase of this permit shall expire on December 17, 2009.
2. Operation of the surface water management system shall be the responsibility of PINE RIDGE CENTER
MASTER ASSOCIATION, INC. Within one year of permit issuance or concurrent with the engineering
certification of construction completion, whichever comes first, the permittee shall submit a copy of the
recorded deed restrictions (or declaration ofcondominium, if applicable), a copy of the filed articles of
incorporation, and a copy of the certificate of incorporation for the association.
• 3. Discharge Facilities:
1-0.25 ft. cicular orifice with invert at elevation 10.7 ft. NGVD.
1-0.55 ft. circular orifice weir with inver at elevation 12.9 ft. NGVD.
Receiving body: 1-75 Canal via the Kensington Canal.
Control elevation: 10.7 ft. NGVD.
4. The permittee shall be responsible for the correction of any erosion, shoaling or water quality problems
that result from the construction or operation of the surface water management system.
5. Measures shall be taken during construction to insure that sedimentation and/or turbidity violations do not
occur in the receiving water.
6. The District reserves the right to require that additional water quality treatment methods be incorporated
into the drainage system if such measures are shown to be necessary.
7. Facilities other than those stated herein shall not be constructed without an approved modification of this
permit.
8. A stable, permanent and accessible elevation reference shall be established on or within one hundred
(100)feet of all permitted discharge structures no later than the submission of the certification report. The
location of the elevation reference must be noted on or with the certification report.
9. The permittee shall provide routine maintenance of all of the components of the surface water
management system in order to remove all trapped sediments/debris. All materials shall be properly
disposed of as required by law. Failure to properly maintain the system may result in adverse flooding
conditions.
10. This permit is issued based on the applicant's submitted information which reasonably demonstrates that
adverse water resource related impacts will not be caused by the completed permit activity. Should any
adverse impacts caused by the completed surface water management system occur, the District will
require the permittee to provide appropriate mitigation to the District or other impacted party. The District
will require the permittee to modify the surface water management system, if necessary, to eliminate the
cause of the adverse impacts.
11. Minimum building floor elevation: 16.6 ft. NGVD.
12. Minimum road crown elevation: 15.55 ft. NGVD.
13. Minimum parking lot elevation: 15.55 ft. NGVD.
14. Exhibits 4 and 5 of the Property Owners Association Documents, Urban Stormwater Management
Program and Construction Pollution Prevention Plan respectively, have been included in this permit by
reference(please see permit file).
15. The Permittee shall utilize the criteria contained in the Construction Pollution Prevention Plan (Exhibit 5 of
the Property Owners Association documents) and on the applicable approved construction drawings for
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Application No. 040503-24
Page 6 of 7
SPECIAL CONDITIONS
the duration of the projects construction activities.
16. The Permittee shall utilize the criteria contained in the Urban Stormwater Management Program (Exhibit 4
of the Property Owners Association Documents)for post construction activities.
17. Plan sheets 2, 3 and 4 dated on August 23, 2004 and 5 dated on October 19, 2004, signed and sealed by 1
Michael J. Delate, P.E. from Q. Grady Minor and Associates, P.A., have been included in this permit by
reference(pleaseseepermit file).
18. All contractors must be provided with a copy of the staff report and permit conditions prior to the
commencement of construction. The permittee is responsible for ensuring that all contractors adhere to
the project construction details and methods indicated on the attached permit Exhibits and described
herein.
19. Prior to the commencement of construction, the perimeter of the protected wetland/buffer zones/upland
preservation areas shall be staked/roped/fenced to prevent encroachment into the protected areas. The
permittee shall notify the District's Environmental Resource Compliance staff in writing upon completion of
the staking/roping/fencing and schedule an inspection of this work. The staking/roping/fencing shall be
subject to District staff approval. The permittee shall modify the staking/roping/fencing if District staff
determines that it is insufficient or is not in conformance with the intent of this permit. The
staking/roping/fencing shall remain in place until all adjacent construction activities are complete.
20. No endangered species, threatened species and/or species of special concern have been observed
onsite. It shall be the permittee's responsibility, however, to coordinate with the Florida Fish and Wildlife
Conservation Commission and/or the U.S. Fish and Wildlife Service for appropriate guidance,
recommendations and/or necessary permits to avoid impacts to listed species if they are discovered on
the site.
21. Prior to the commencement of construction resulting in wetland impacts and in accordance with the work
schedule in Exhibit No. 3.5, the permittee shall submit two certified copies of the recorded conservation
easement for the mitigation area and associated buffers.The data should also be supplied in a digital CAD
(.dxf) or GIS (ESRI Coverage) format. The files should be in the Florida State Plane coordinate system,
East Zone (3601) with a data datum of NAD83, HARN with the map units in feet. This data should reside
on a CD or floppy disk and be submitted to the District's Environmental Resource Compliance Division in
the service area office where the application was submitted.
The recorded easement shall be in substantial conformance with Exhibit 3.6. Any proposed modifications
to the approved form must receive prior written consent from the District. The easement must be free of
encumbrances or interests in the easement which the District determines are contrary to the intent of the
easement. In the event it is later determined that there are encumbrances or interests in the easement
which the District determines are contrary to the intent of the easement, the permittee shall be required to
provide release or subordination of such encumbrances or interests.
22. The wetland conservation areas and upland buffer zones and/or upland preservation areas shown on
Exhibit(s) 3.3, 3.4 and 3.5 may in no way be altered from their natural or permitted state. Activities
prohibited within the conservation areas include, but are not limited to: construction or placing of buildings
on or above the ground; dumping or placing soil or other substances such as trash; removal or destruction
of trees, shrubs, or other vegetation - with the exception of exotic vegetation removal; excavation,
dredging, or removal of soil materials; diking or fencing; and any other activities detrimental to drainage,
flood control, water conservation, erosion control, or fish and wildlife habitat conservation or preservation.
23. An average 25' wide, minimum 15', buffer of undisturbed upland vegetation shall be maintained between
the proposed development and existing wetlands. Buffers shall be staked and roped and District
environmental staff notified for inspection prior to clearing..
24. Prior to the commencement of construction in wetlands and in accordance with the work schedule in
Application No. 040503-24
Page 7 of 7
SPECIAL CONDITIONS
24. Prior to the commencement of construction in wetlands and in accordance with the work schedule in
Exhibit No. 3.5, the permittee shall submit documentation from the Panther Island Mitigation Bank that
0.85 forested freshwater credits have been deducted from the ledger for this project.
25. A mitigation program for Pine Ridge Center shall be implemented in accordance with Exhibit No. 3.3 and
3.4. The permittee shall preserve and enhance 0.42 acres of wetlands and 0.43 acres of uplands
onsite.
In addition, the applicant will purchase 0.85 freshwater forested credits from the Panther Island Mitigation
Bank.
26. A maintenance program shall be implemented in accordance with Exhibit No. 3.3 for the
preserved/enhanced wetland and upland areas on a regular basis to ensure the integrity and viability of
those areas as permitted. Maintenance shall be conducted in perpetuity to ensure that the conservation
areas are maintained free from Category 1 exotic vegetation (as defined by the Florida Exotic Pest Plant
Council at the time of permit issuance) immediately following a maintenance activity. Maintenance in
perpetuity shall also insure that conservation areas, including buffers, maintain the species and coverage
of native, desirable vegetation specified in the permit. Coverage of exotic and nuisance plant species shall
not exceed 5% of total cover between maintenance activities. In addition, the permittee shall manage the
conservation areas such that exotic/nuisance plant species do not dominate any one section of those
areas.
27. A monitoring program shall be implemented in accordance with Exhibit No. 3.3 and 3.4. The monitoring
program shall extend for a period of 5 years with annual reports submitted to District staff. At the end of
the first monitoring period the mitigation area shall contain an 80% survival of planted vegetation. The
80% survival rate shall be maintained throughout the remainder of the monitoring program, with replanting
as necessary. If native wetland, transitional, and upland species do not achieve an 80% coverage within
the initial two years of the monitoring program, native species shall be planted in accordance with the
maintenance program. At the end of the 5 year monitoring program the entire mitigation area shall contain
an 80% survival of planted vegetation and an 80% coverage of desirable obligate and facultative wetland
species.
28. Activities associated with the implementation of the mitigation, monitoring and maintenance plan(s) shall
be completed in accordance with the work schedule attached as Exhibit No. 3.5. Any deviation from these
time frames will require prior approval from the District's Environmental Resource Compliance staff. Such
requests must be made in writing and shall include (1) reason for the change, (2) proposed start/finish
and/or completion dates; and (3) progress report on the status of the project development or mitigation
effort.
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EXHIBIT 1
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Last Date For Agency Action: 19-DEC-2004
GENERAL ENVIRONMENTAL RESOURCE PERMIT STAFF REPORT
Project Name: Pine Ridge Center
Permit No.: 11-02363-P
Application No.: 040503-24
Application Type:Environmental Resource (New General Permit)
Location: Collier County, SI8/T49S/R26E
Permittee : Pine Ridge Investor Of Naples LIc
Operating Entity : Pine Ridge Center Master Assoc., Inc
Project Area: 17.09 acres
Project Land Use: Commercial
Drainage Basin: WEST COLLIER Sub Basin: 1-75 CANAL
Receiving Body: 1-75 Canal via the Kensington Canal Class:CLASS III
Special Drainage District: NA
Total Acres Wetland Onsite: „c/o
Total Acres Wetland Preserved Onsite: .42
Total Acres Impacted Onsite :
<-5y
Total Acres Presv/Mit Compensation Onsite:
Offsite Mitigation Credits-Mit.Bank: .85'• Panther Island
Conservation Easement To District : Yes
Sovereign Submerged Lands: No
FRE?,Jf 'R.tPbE} •
This application is a request for an Environmental Resource Permit authorizing construction and operation
of a surface water management system serving 17.09 acre commercial development known as Pine
Ridge Center with discharge into waters of 1-75 Canal via the Kensington Canal.
0
App.no. : 040503-24 Page 1 of 6 EXHIBIT 7 ,
PROJECT EVALUATION:
The 17.09-acre site is located on the southwest quadrant of Pine Ridge Road and Whippoorwill Road in
Collier County. The site is bordered by Pine Ridge Road to the north, Hospice of Naples to the south, and
undeveloped parcels to the west and east. A location map is attached as Exhibit 1.0.
The northern portion of the site was previously farmed with a ditch running through it. There are no
permitted surface water management facilities within the project site.
In June 2002 Q. Grady Minor.and Associates prepared the Whippoorwill Woods basin drainage study for
Collier County's use. The study includes the Pine Ridge Center site and indicates that the majority of the
developments located on the west side of Whippoorwill Road will be discharging storm water runoff, post
required water quality and volume detentions, to a proposed flow way system. The flow way was designed
to ultimately converge with the Kensington Canal on the east side of Whippoorwill Lane through
Whippoorwill Woods PUD at 1-75. This study indicates an allowable discharge rate of 0.15 cfs/acre for
this project.
The project site contains 0.96 acres of wetlands, 0.23 acres of agricultural ditches (surface waters) and
15.90 acres of uplands. There are two wetlands onsite, one a pine-cypress-cabbage palm wetland near
the western property boundary(0.42 acres)and the other a hydric pine flatwoods area that extends offsite
to the east (0.54 acres). The majority of the remainder of the site comprises pine flatwoods, although
unimproved pasture areas and a palmetto prairie are located in the northern portion of the site. A
FLUCCS map of the site is attached as Exhibit 3.0. A wetland and surface water identification map is
attached as Exhibit 3.1.
POOW
The project consists of ten office/warehouse buildings, with associated parking and surface water
management facilities. Storm water runoff is directed into the proposed dry detention surface water
management system via catch basins and culverts. This dry detention system provides the first one-half
inch of water quality pretreatment prior to overflow into the existing wetland system. The proposed dry
and wetland systems provide 3.25 ac-ft of water quality treatment which includes an additional 50% above
the required water quality volume to meet the anti-degradation requirements for discharge to an impaired
water.
No adverse water quality or discharge impacts are anticipated as a result of the proposed project.
LAND DISE
Construction:
Project:
Total Project
Building Coverage 4.20 acres
Pavement 8.50 acres
Pervious 2.14 acres
Preserved .85 acres
Water Mgnt Acreage 1.40 acres
Total: 17.09
App.no. : 040503-24 Page 2 of 6 1• I
4.
Discharge Rate :
The proposed surface water management system for this project has not been designed to limit discharge
for the design event to a specified rate since it is discharging through a minimum diameter orifice. The
system discharges into waters of 1-75 Canal via the Kensington Canal at elevation 10.7 ft. NGVD.
No adverse discharge impacts are anticipated as a result of the proposed project.
The proposed dry detention and wetland systems provide 3.25 ac-ft of water quality treatment which
includes an additional 50% above the required water quality volume to meet the antidegradation
requirements for discharge to an impaired water.
An Erosion Control and Stormwater Pollution Prevention Plan will be used during construction activities
and an Urban Stormwater Management Plan Program will be implemented in post development. See
Exhibits 4 and 5 of the Property Owners Association Documents.
No adverse water quality impacts are anticipated as a result of the proposed project.
..r '..� �� '?',r a fz °t..:,£. L£ <
Wetland Impacts:
The proposed site design will impact the hydric pine area that extends offsite to the east. The pine-
cypress-cabbage palm area in the western portion of the site will be preserved and enhanced and
incorporated into the project's surface water management system. A wetland impact map is attached as
Exhibit 3.2 This map also depicts the secondary impacts to the offsite portion of Wetland 2.
Mitigation Proposal:
To mitigate for the 0.54 acres of direct wetland impacts and the 0.34 acres of secondary wetland impacts,
the applicant will provide a combination of onsite and offsite mitigation. The onsite mitigation will include
the preservation and enhancement of Wetland 1 (0.42 acres) along with 0.43 acres of upland
compensation (pine flatwoods). Enhancement will include the hand-removal of exotic vegetation and
incorporation of the area into the surface water management system. The preserve will serve as the final
outfall point from the dry detention area to the south. A wetland mitigation plan is attached as Exhibit 3.3.
Offsite mitigation for the project includes the purchase of 0.85 freshwater forested credits at the Panther
Island Mitigation Bank. No adverse secondary or cumulative impacts are anticipated as a result of the
construction of this project. Average 25' buffers are proposed between the wetland preserve and the
development and the surface water management design should improve the hydroperiod of the wetland
preserve. In addition, sufficient mitigation to offset the the proposed wetland impacts has been provided
within the same drainage basin.
Monitoring/Maintenance:
A maintenance and monitoring plan has been provided and is attached as Exhibit 3.3. A monitoring map
depicting the locations of the vegetation transects, staff gauge and photo-reference stations is attached as
Exhibit 3.4. The mitigation, monitoring, and maintenance work schedule is attached as Exhibit 3.5.
ExHi ID
IT
App.no. : 040503-24 Page 3 of 6
Wetland Inventory:
As shown in the following inventory table, the onsite mitigation will provide 0.12 units of mitigation in
accordance with Chapter 62-345, F.A.C. The balance of the mitigation required will be provided at the
Panther Island Mitigation Bank.
Wetland Inventory
CONSTRUCTION NEW -Pine Ridge Center
Site Site --- -- --- —--
Id Ty Pre-Development Post-Development
Pre Pres.
Fluc AA Acreage Current With Time Risk Adj. Post Adj Functional
Type (Acres) Wo Pres Project Lag(Yrs) Factor Factor Fluccs Delta Gain!Loss
cs
4 OFF 411 Direct .34 .60 .00 -.600 -.204
1 ON 624 Enhancement .42 .37 .57 1.00 1.00 624 .200 .084
2 ON 411 Direct .54 .60 .00 140 -.600 -.324
3 ON 411 Enhancement .43 .55 .65 1.00 1.00 411 .100 .043
Total: .42 -.40
Fluccs Code Description
140 Commercial And
Services
411 Pine Flatwoods
411 Pine Flatwoods - Hydric
411 Pine Flatwoods-
Upland
624 Cypress- Pine-
Cabbage Palm
Wetland Inventory :
MITBANK PANTHER ISLAND
T--
1 ;
Pre-Development ' ! Post-Development
Mitigation Bank Cr Used
Fresh Water Forested I ! .85
Total: .85 ..
1
n
Extol ! . IT ze3
App.no. : 040503-24 Page 4 of 6
A wildlife survey was conducted onsite in June and July 2003. No wetland-dependent
endangered/threatened species or species of special concern were observed onsite. The proposed
wetland mitigation plan is expected to improve the wildlife value of the preservation areas onsite. This
permit does not relieve the applicant from complying with all applicable rules and any other agencies'
requirements if, in the future, endangered/threatened species or species of special concern are
discovered on the site.
A conservation easement encompassing 1.06 acres will be recorded over the wetland and upland
preservation areas onsite. The conservation easement will include 0.42 acres of wetlands, 0.43 acres of
upland preserve and 0.21 acres of upland buffer. The draft deed of conservation easement is attached as
Exhibit 3.6.
• 1 I
Q vy
It is suggested that the permittee retain the services of a Professional Engineer registered in the State of
Florida for periodic observation of construction of the surface water management (SWM)system. This will
facilitate the completion of construction completion certification Form #0881 which is required pursuant to
Section 10 of the Basis of Review for Environmental Resource Permit Applications within the South Florida
Water Management District, and Rule 40E-4361(2), Florida Administrative Code(F.A.C.).
Pursuant to Chapter 40E-4 F.A.C., this permit may not be converted from the construction phase to the
operation phase until certification of the SWM system is submitted to and accepted by this District. Rule
40E-4.321(7) F.A.C. states that failure to complete construction of the SWM system and obtain operation
phase approval from the District within the permit duration shall require a new permit authorization unless a
n permit extension is granted.
For SWM systems permitted with an operating entity who is different from the permittee, it should be noted
that until the permit is transferred to the operating entity pursuant to Rule 40E-1.6107, F.A.C., the permittee
is liable for compliance with the terms of this permit.
The permittee is advised that the efficiency of a SWM system will normally decrease over time unless the
system is periodically maintained. A significant reduction in flow capacity can usually be attributed to partial
blockages of the conveyance system. Once flow capacity is compromised, flooding of the project may
result. Maintenance of the SWM system is required to protect the public health, safety and the natural
resources of the state. Therefore, the permittee must have periodic inspections of the SWM system
performed to ensure performance for flood protection and water quality purposes. If deficiencies are found,
it is the responsibility of the permittee to correct these deficiencies in a timely manner.
App.no.: 040503-24 Page 5 of 6 EXH I BIT 2411 ,4
RELATED CONCERNS:
Water Use Permit Status:
The applicant has indicated that potable water supply will be used as a source for irrigation water for the
project.
The applicant has indicated that dewatering is not required for construction of this project.
This permit does not release the permittee from obtaining all necessary Water Use authorization(s) prior
to the commencement of activities which will require such authorization, including construction dewatering
and irrigation, unless the work qualifies for a No-Notice Short-Term Dewatering permit pursuant to
Chapter 40E-20.302(3)or is exempt pursuant to Section 40E-2.051, FAC.
Historical/Archeological Resources:
The District has received correspondence from the Florida Department of State, Division of Historical
Resources indicating that the agency has no objections to the issuance of this permit.
DCA/CZM Consistency Review:
The District has not received a finding of inconsistency from the Florida Department of Environmental
Protection or other commenting agencies regarding the provisions of the federal Coastal Zone
Management Plan.
Enforcement:
..,,.� There has been no enforcement activity associated with this application.
STAFF REVIEW:
DIVISION APPROVAL:
NATURAL RESOURCE MANAGEMENT:
;z 4 �'� DATE: f-//7 �%�"
Edward Cronyn -
SURFACE WAT R,MANAGE�IIENT:
1r"- ' ! DATE: /i?//f i,7(,(,
t' •s-� gid,
William Foley, P.E. ( /
ExHI ,. IT 2 .
V51*
App.no. : 040503-24 Page 6 of 6
PINE RIDGE ROAD (CR 896)
411
212
•
321
212 •
500
•
625
411
624 \,)
•
•
FLUCCS LEGEND
•
212 Unimproved Pasture
321 Palmetto Prairie
• 411 Pine Flatwoods
• 500 Other Surface Waters(Ag Swales)
624 Pine-Cypress-Cabbage Pam
625 Hydric Pine Flatwoods Boylan
Environmental Pine Ridge Center
..-"'
COUNTY Collier Consultants, IncIncC
• wei..4 Wadrift, SwF:.
FILE FLUCCS
[DRAWN BYKS FLUCCS Map
REVISIONS 4-21-04
DATE 4-24-03 11000 Metro Parkway,Suite 4,Pt.Myers,33912(940418-0671
• EXHIBIT 3. 0
'-----
'
EINE RIDGE ROA[ (CR 8Q6
____-----`-
r�
--
!
i
, �.
` `
, ' i
' ` ,
i
/
L
|
|
.
500
0.23
4 t iv f:/-"e"
Offsite Wetland
WETLAND
034
64 ....„...----r;
ir/ A.
/ 443
L�
WETLAND
- c5.!4
� >
/
�
� ____-_'_l Wetlands = (19Gao
OSW (AG =0.23 ac
Offsite Wetlands=O.34mo
WETLA N ID
"
I ! FLUCCO Description Acreage
D
Wetland 1 824 Pine
-Cypress� ��a2ac
U�5400
Wetland 625 VydricPine F|a�nnda ------____ __--___�(,cf:.7."--......1.. --'�
� ��cylan
OGVV1 500 8gD8rheo 0.23 ac`
-- �oowoonnn -- ---- Environmental
SCALE 1"= �_ ��i��� /�i��� [��Ot�r CollierCOUNTY K �
FILE ��rm "=° `p __� ��°^^""^~=�^°" Inc
--------------- ---- TWP *am
� � orxa Wetland/OSWID RNG 26 E —
__- �p�x
^=°�"=�`^r. 4-�4-J� ' REVISIONS 4-29-04 //mmu *"a" "�.«"«*�F� �"�33912
ox2e
w/w/mm6n_- - __ _ __ _ _ _ _
,
- . IPINE RIDGE ROAD (CR 896) ----------
.. .. . .. ., . ,
,
• - .
• ,
. .
i
•
.•
1
1
I
I
I
Secondary Impacts
WETLAND 1 L4
IX
. -41
i
WETLAND 2
\:'. ' • I
•
-----— --
i
1
i
1
, - '' '• Wetland Preserve =0.42 ac
17.7i7S7,-7.
Wetland Impacts=0.54 ac
Secondary Impacts=0.34 ac
WETLAND IMPACTS
ID
Wetland 1 6F
Wetland 2 625 0.54 ac
(offsite) 624
4UCCS 0.42 ac Acreage
* Impacts
NONE
0.32 ac
0.54 cc
*0.32 ac
Boylan
C..... _ .
EnvironmentalT
_....,JOB#00000
COUNTY
SC0.ALE 1".20Pine Ridge Center Collier sEC 18 onsultants, Inc.
PILE IMPACTS
-MP 49 S Wetland& Wildiffe S'itrueys, Ettutrarmerst .
DRAWN BYKS Wetland impacts
RNG 26 E Impact Asset:wawa
DATE 4-24-03
REVISIONS 11000 Metro Parkway,Suite 4,Ft.Myers,33912 (941)418-0671
Es j 3-11 -T,
__...„ ,__.
‘,. . .1.k? ',-e e
G ' 2
PINE RIDGE CENTER
MITIGATION DISCUSSION •
The Wetland 1 in the southwestern area of the site will be preserved in its entirety. As
compensation for the 0.54 acres of direct impacts, and the 0.34 acres of secondary
impacts to Wetland 2 mitigation credits will be purchased from a mitigation bank that
serves this areas.
The WRAP data sheet indicates a functional value of 0.65 for the predevelopment
condition. Therefore, 0.88 x 0.65= 0.57. It is proposed that 0.57 credits will be
purchased.
Onsite Preservation ADD ./IEV1SED SUBMITTAL
Wetland Preservation 0.42 acres JUL 1 7 2004
Upland Buffer 0.21 acres
Compensation Preservation 0.43 acres
FORT MYERS SERVICE CENTER
This work includes the exotic removal from existing onsite wetland and upland preserve
areas that are less than 75% exotics.
The colonization of exotic plants displaces native plants and reduces habitat values, as
well as negatively impact aesthetic values. An active exotic removal and maintenance
program will ensure the viability, value, and aesthetics of the undeveloped portions of the
property. The exotic plant removal and maintenance program will be implemented by,
and the responsibility of the owner, or its successor.
The purpose and intent of this plan is to ensure that wetland preserves and conservation
areas are maintained free of exotic plants in perpetuity. This is achieved by establishing a
scheduled program to maintain the site free of exotic plants (as defined by the latest
exotic plant list published by the Florida Exotic Pest Plant Council) immediately after
maintenance and at other times the exotic and nuisance species will constitute no more
than 5 percent of total cover. At the end of the 5 years of monitoring program the
wetland mitigation areas shall contain an 80% coverage of desirable obligate and
facultative wetland species.
The 0.42 acre wetland preserve areas, 0.21 acres of buffer and 0.99 acres of upland
preserves will be walked and all exotic vegetation shall be killed. These exotic plants
will be killed in a manner consistent with current exotic removal practices while ensuring
that neighboring plants are left unharmed and the soil left as undisturbed as possible. It is
recommended that any use of herbicides be applied by a licensed herbicide applicator.
Trees larger than 4"dbh will be treated in place. Smaller saplings will be cut, stumps
treated with herbicide, and debris stacked with either the log cabin or teepee methods.
Where aesthetics is a concern, it is recommended that all debris be removed from the
area. Trees greater than 4"dbh may be injected or sprayed with a herbicide and left
standing. The goal is to achieve a 0 percent cover of exotics and nuisance species
EXHIBIT
3.3A
PINE RIDGE CENTER
Monitoring and Maintenance
The objective of the monitoring will be to determine the health of the wetland, upland
buffers and upland compensation areas in terms of its vegetation composition.
Monitoring will be conducted annually for five years and a report will be prepared and
submitted to the SFWMD:
• Panoramic Photographs (a monitoring map will be provided for location).
• Description of vegetation composition and percent coverage along four transects
(a monitoring map will be provided for location).
• Percent cover of nuisance and exotic plant species.
• Wildlife observations
• Water Level Observations at the staff gauge taken monthly.
• Rainfall Data will be gathered and summarized as monthly amounts
A report summarizing the findings of the data gathered will be prepared. The report will
evaluate the success of the mitigation/maintenance effort, activities conducted to date and
any remedial activities that are necessary to ensure the success of the mitigation areas.
Wetland Monitoring maps detail the locations of vegetation sampling transects and the
photopoints.
Baseline Monitorin: December , 004 .. . .,
Record Conservation Easements Dec- . -r 1, 2004
Corn.lete Exotic Removal . 30, 2005 ,,,,• i
Time Zero Monitorin: , ! I
First Annual Monitorin:
March 30, 2006
Second Annual Monitorin: i_ March 30, 2007
Third Annual Monitorin: AIM March 30, 2008
Fourth Annual Monitorin: AINIMIN March 30, 2009
Fifth Annual Monitorin: Al11111.11 March 30, 2010
Draft Conservation Easements are included as an attachment.
VREVISEDSUBMITThL
JUL 12204
�C Ri Mt/ERS SER
' ICE CENTER
ExHi II- IT
3•3 ?
1
------ ---------------------------
i
0 .4
. • 4 • •
+ 44. + 4
+ + + + 4
+ + 4. 44. 4
+ + + + +
+ • • 7..,
+ 7 4, 4,'
+ : : :
..' ^:
...'".4.,
+.' 4, 4. il
ADDI/REVISED SUBMITTAL
•
.z., ....._ .4.. z
ihtt
I 1
L ±IUI.. 12 2004
FORT MYERS SERVICE CENTER :
4• +I
PRESERVE AREAS 4- +
+ +•++•4+ Upland Preserve = 0.43 ac
is Acreage
Wetland 1 0.42 ac .
:!,:'':,:"..'....-,-1
Upland Buffer=0.21 ac
Upland Buffer=0.21 ac
i Upland Preservation =0.43
Wetland Preserve =0.42 ac
Boylan ----C\
„,./...„
Environmental,
JOB t 00000
COUNTY Collier Consultants, Inc.
SCALE 1"=200' Pine Ridge Center SEC 18
TINP 49 S Wetland Jk Wildlife Slereeils.
FILE Preserve
hripciet Assessments
DRAWN BY KS Preserve Areas
RNG 26 E
DATE 4-24-03
, .
REVISIO• ,.,,,, ..-_. , , P ite 4 yers,33912 (941)418-0671...,
0
rm.
I
a•
cf s
s
5
4i
I
TRANSECT
+ + + +
+ + +
+ 4 .
+I 16
PHOTOPOINT
pt.. a. ik, )
1,1;i .
STAFF GAUGE
ADDL/REVISED SUBMITTAL
JUL 12 2004
FORT MYERS SERVICE CENTER
PRESERVE AREAS ` + ` `
+ + + +
+ + Upland Preserve = 0.43 ac
+ + + +
Acreage
Wetland 1 0.42 ac ^; = ' a`
Upland Buffer= r_:_,..-- , Upland Buffer=0.21 ac
P 0.21 ac
Upland Preservation =0.43 I4, I
Wetland Preserve=0.42 ac
Boylan
Environmental `‘1
JOB# 00000
COUNTY Collier r+
•
SCALE 1°=200' Pine Ridge Center SEC 18
• Consultants, Inc.
FILE ONITOR TWP 49$ lreacra& lfldlife Survey;,
DRAWN BY KS Monitoring Plan RNG 26 E hpaee Assessments
ATE 4-24-03 REVISIONS 7 1 0 r r. *912 )41s.o671
D
l
South Florida Water Management District
Work Schedule Requirements
Application No : 040503-24
Page 1 c
Mitigation Plan ID: PANTHER ISLAND
2 p
4#, 3��'„„'Y�� '�"w r'�'"�W r v '' ° `'` K � x *� � r:
ef*, 2 3•-. '"` r , a' yp. „ • rt y, ..
SUBMITTAL OF MITIGATION BANK DOCUMENTATION
30-JAN-2005
Mitigation Plan ID: PINE RIDGE CENTER
re+
BASELINE MONITORING REPORT
30-JAN-2005
RECORDED CONSERVATION EASEMENT
17-FEB-2005
EXOTIC VEGETATION REMOVAL
28-FEB-2005
TIME ZERO MONITORING REPORT
30-MAR-2005
EXOTIC VEGETATION REMOVAL
30-DEC-2005
FIRST MONITORING REPORT
30-MAR-2006
SECOND MONITORING REPORT
30-MAR-2007
THIRD MONITORING REPORT
30-MAR-2008
FOURTH MONITORING REPORT
30-MAR-2009
FIFTH MONITORING REPORT
30-MAR-2010
•
Exhibit No : 3.5
n"s-Qu-c, vv rc:cu,m rrum-Al ri UI IMUW IUN tXtcullvt OFFICE 2396436030 T-010 P.002/007 F-302
DRAFT
DEED OF CONSERVATION EASEMENT
THIS DEED OF CONSERVATION EASEMENT is given this 25th day
of August , 2004, by Pine Ridge Investors, L.L.C.
(address)_2606 S. Horseshoe Dr. Naples, FL
("Granter") to the South Florida Water Management District ("Grantee"). As used herein,
the term Grantor shall include any and all heirs, successors or assigns of the Grantor, and
all subsequent owners of the "Property (as hereinafter defined) and the term Grantee
shall include any successor or assignee of Grantee.
WITNESSETH
WHEREAS, the Grantor is the owner of certain lands situated in Collier County,
Florida, and more specifically described in Exhibit A attached hereto and incorporated
herein ("Property"); and
WHEREAS, the Grantor desires to construct (name of project) Pine Ridge Center
("Project") at a site in Collier County, which is
subject to the regulatory jurisdiction of South Florida Water Management District
("District"); and
WHEREAS, District Permit No. 040503-24 ("Permit") authorizes certain activities
which affect surface waters in or of the State of Florida; and
WHEREAS, this Permit requires that the Grantor preserve and/or mitigate
wetlands under the District's jurisdiction; and
WHEREAS, the Grantor has developed and proposed as part of the permit
conditions a conservation tract and maintenance buffer involving preservation of certain
wetland and/or upland systems on the Property; and
WHEREAS, the Grantor, in consideration of the consent granted by the Permit, is
agreeable to granting and securing to the Grantee a perpetual conservation easement as
defined in Section 704.06, Florida Statutes (2000), over the Property.
NOW, THEREFORE, in consideration of the issuance of the Permit to construct
and operate the permitted activity, and as an inducement to Grantee in issuing the
Permit, together with other good and valuable consideration, the adequacy and receipt of
which is hereby acknowledged, Grantor hereby grants, crsrar4-es€ab1' s i
1 i IJRF< ,J....D
Standard Passive Rec ao o u Gi l WER
1 1 AUG 3 ' 2004
�. I 4 # 1 of L----
T
:0. _
FORT `f'.t E.RRS SERVICE CENTER
' IT 0
-' �-�• •.•ftiru. • i..w I vvnoinubllvll GAGi.4111YC vrriVC (n804SDUJU I—UIU P.003/007 F-302
,.� perpetual conservation easement for and in favor of the Grantee upon the Property which
shall run with the land and be binding upon the Grantor, and shall remain in full force and
effect forever.
The scope, nature, and character of this conservation easement shall be as
follows:
1. It is the purpose of this conservation easement to retain land or water areas
in their natural, vegetative, hydrologic, scenic, open, agricultural or wooded condition and
to retain such areas as suitable habitat for fish, plants or wildlife. Those wetland and/or
upland areas included in the conservation easement which are to be enhanced or created
pursuant to the Permit shall be retained and maintained in the enhanced or created
conditions required by the Permit.
To carry out this purpose, the following rights are conveyed to Grantee by this
easement:
a. To enter upon the Property at reasonable times with any necessary
equipment or vehicles to enforce the rights herein granted in a manner that will not
unreasonably interfere with the use and quiet enjoyment of the Property by Grantor at the
time of such entry; and
,.� b. To enjoin any activity on or use of the Property that is inconsistent
with this conservation easement and to enforce the restoration of such areas or features
of the Property that may be damaged by any inconsistent activity or use.
2. Except for restoration, creation, enhancement, maintenance and monitoring
activities, or surface water management improvements, which are permitted or required
by the Permit, the following activities are prohibited in or on the Property:
a. Construction or placing of buildings, roads, signs, billboards or other
advertising, utilities, or other structures on or above the ground;
b. Dumping or placing of soil or other substance or material as landfill,
or dumping or placing of trash, waste, or unsightly or offensive materials;
c. Removal or destruction of trees, shrubs, or other vegetation, except
for the removal of exotic or nuisance vegetation in accordance with a District approved
maintenance plan;
d. Excavation, dredging, or removal of loam, peat, gravel, soil, rock, or
other material substance in such manner as to affect the surf
ADDL/REVISED StJum, .
Standard Passive Recreation form
,—July,2001
APPI hji t BER
ti 1
AUG Mil
40503 - 2 c IFORTMYERSSERVICE >k
'
num-oY rlutx-nnnrl wwilmAdIVM CACAIIIVC urrlld Mb4dbUdU T-010 P.004/00/ F-SUZ
e. Surface use except for purposes that permit the land or water area to
remain in its natural condition;
f. Activities detrimental to drainage, flood control, water conservation,
erosion control, soil conservation, or fish and wildlife habitat preservation including, but
not limited to, ditching, diking and fencing;
g. Acts or uses detrimental to such aforementioned retention of land or
water areas;
h. Acts or uses which are detrimental to the preservation of any
features or aspects of the Property having historical or archaeological significance.
3. Passive Recreational Facilities. Grantor reserves all rights as owner of the
Property, including the right to engage in uses of the Property that are not prohibited
herein and that are not inconsistent with any District rule, criteria, the Permit and the
intent and purposes of this Conservation Easement. Passive recreational uses that are
not contrary to the purpose of this conservation easement may be permitted upon written
approval by the District_
a. The Grantor may conduct limited land clearing for the purpose of
constructing such pervious facilities as docks, boardwalks or mulched
walking trails.
b. The construction and use of the approved passive recreational
facilities shall be subject to the following conditions:
i. Grantor shall minimize and avoid, to the fullest extent
possible, impact to any wetland or upland buffer areas within the
Conservation Easement Area and shall avoid materially diverting the
direction of the natural surface water flow in such area;
ii. Such facilities and improvements shall be constructed and
maintained utilizing Best Management Practices;
iii. This conservation easement shall not constitute permit
authorization for the construction and operation of the passive
recreational facilities. Any such work shall be subject to all
applicable federal, state, District or local permitting requirements.
4. No right of access by the general public to any portion of the Property is
conveyed by this conservation easement.
RT �' ViSi~J SUl3Mti:Ti L ►'
Standard Passive Recreation form—July,2001 1 � ' " " �-- !`
nns :I'AllONN NUMBERMtrU J ,; 211
EP
ivh
3 of 6
4 5 S , Pf r
3o ( C
^". -- ----, ..•rfrw 1�114 nnnr, '.wwinutiivn Cnct.UlIVC urrlt.0 C4b4abUjU KW P.UU5IUUT F-3U2
,-., 5. Grantee shall not be responsible for any costs or liabilities related to the
operation, upkeep or maintenance of the Property.
1
6. Grantor shall pay any and all real property taxes and assessments levied by
competent authority on the Property.
7 Any costs incurred in enforcing, judicially or otherwise,the terms, provisions
and restrictions of this conservation easement shall be borne by and recoverable against
the nonprevailing party in such proceedings.
8. Enforcement of the terms, provisions and restrictions of this conservation
easement shall be at the reasonable discretion of Grantee, and any forbearance on
behalf of Grantee to exercise its rights hereunder in the event of any breach hereof by
Grantor, shall not be deemed or construed to be a waiver of Grantee's rights hereunder.
9. Grantee will hold this conservation easement exclusively for conservation
purposes. Grantee will not assign its rights and obligations under this conservation
easement except to another organization qualified to hold such interests under the
applicable state laws.
10. If any provision of this conservation easement or the application thereof to
any person or circumstances is found to be invalid, the remainder of the provisions of this
,..-, conservation easement shall not be affected thereby, as long as the purpose of the
conservation easement is preserved.
11. All notices, consents, approvals or other communications hereunder shall
be in writing and shall be deemed properly given if sent by United States certified mail,
return receipt requested, addressed to the appropriate party or successor-in-interest.
12. This conservation easement may be amended, altered, released or revoked
only by written agreement between the parties hereto or their heirs, assigns or
successors-in-interest, which shall be filed in the public records in Collier County.
TO HAVE AND TO HOLD unto Grantee forever. The covenants, terms,
conditions, restrictions and purpose imposed with this conservation easement shall be
binding upon Grantor, and shall continue as a servitude running in perpetuity with the
Property.
Grantor hereby covenants with said Grantee that Grantor is lawfully seized of said
Property in fee simple; that the Property is free and clear of all encumbrances that are
inconsistent with the terms of his conservation easement and all mortgages have been
joined or subordinated; that Grantor has good right and la orit to convey this
Standard Passive Recreation form—Jul 2001 ADD ,'RE' '1SED SU8MJTtAi..
APPLICATION NUMBER
I rr AUG_ _ _ 312004:1
03 - 2
r zYEI J SEfiNICE IR r-
nue um LYYY ,L.L,pi,, „V,,, ,wr, WAW Iiw liun oncwiivc urri4e 14WASNSU T-010 P.006/007 F-3OZ
•
conservation easement; and that it hereby fully warrants and defends the title to the
conservation easement hereby conveyed against the lawful claims of all persons
whomsoever.
IN WITNESS WHEREOF, has hereunto set its
authorized hand this .301Z day of 4.45.1-Co i , 20_421.
Signed, sealed and delivered Pine Ridge Center, L.L.G.,
in our presence as witnesses: A Florida Limited '- r ers •
<:-"
rint Name: Print Name: Fr-d Pezeshkan
Title: P esi• - t
Print Name: az.e€4 d-4,
APPLICATION NUMBER
040503 _ 24 #
SUBMITTAL
AUS 2a0iiI
FORT I
Standard Passive Recreation form—July,_001Vlt (;Li
5of6
I MY 1 -YVII,WI r-JUL
STATE OF FLORIDA
) ss:
COUNTY OF 0,2 die _
•
0n this 3 a da of -
y / , 20 DK before me,
the undersigned notary public, personally appea ed rAA (1 e et)4Kot. , personally
known to me to be the person who subscribed to the foregoing instrument and did not
• take an oath, as the (position) Hca, . e Co , of
(corporation) 41-1e, , a Florida corporation, and acknowledged that he
executed the same on behalf of said corporation and that he was duly authorized to do
so.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
NOTARY PUBLIC, STATE OF FLORIDA
i„./3„,,,, a24,,il ,„41,. Rosemary A Dohan
Print Nam x 4:1,______ My Commission DD116W8
os w May 17 2006
""•••.. My Commission Expires: .j 7/7/e .
South Florida Water Management District
Legal Form Approved:
Date: July, 2001
APPLICATION NUMBER ADDL(RLVISE[ SUBMITTAL
0 4 0 5 0 3 - 2, 4 # r
i AUG 3 1 2004
FORT MYERS SERVICE CENTER
Standard Passive Recreation form-July,2001
6 of 6
04
4. 4,
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*
NY *
* *
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JUL 2 2004
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Item V.B
ENVIRONMENTAL ADVISORY COUNCIL
STAFF REPORT
MEETING OF JUNE 1,2005
I. NAME OF PETITIONER/PROJECT:
Petition No.: PUDA-2004-AR-6279
Petition Name: Bucks Run PUD
Applicant/Developer: Bucks Run Estates, LLC;Restoration
Church, Inc.;Bucks Run Developers,LLC
Engineering Consultant: Q. Grady Minor and Associates
Environmental Consultant: Jeremy Sterk, Hoover Planning and
Development, Inc.
II. LOCATION:
The subject MPUD is located on the east side of Collier Boulevard approximately
700 feet north of Vanderbilt Beach Road at 14625 Collier Boulevard in Section
34, Township 48 South, Range 26 East, Collier County, Florida.
III. DESCRIPTION OF SURROUNDING PROPERTIES:
The subject property consists of approximately 39 acres. Its western boundary is
Collier Boulevard. It is surrounded by commercial activities to the north and
south, and is bordered on the east by the developed Vanderbilt County Club.
ZONING DESCRIPTION
N- Rural Agricultural (A) A landscape nursery
S - Mission Church. PUD Church and private
school under construction
E - Vanderbilt Country Club PUD Single and multi-family
residential, golf course
W- Mission Hills PUD Collier Boulevard (C.R.
951) then the Mission Hills
Shopping Center, currently
under construction
EAC Meeting
Page 2 of 9
IV. PROJECT DESCRIPTION:
The 39.06 + acre Bucks Run Preserve PUD was approved in 1999 and permitted a
maximum of 156 residential dwelling units, or a combination of dwelling units
and a church, or a school on the site. In 2001 this PUD was amended to allow 288
affordable housing units on the East Tract and retained a maximum of 60 units on
the western portion of the project. The opportunity to develop a childcare facility
was also included in the amendment. The current proposal is a rezone from
Planned Unit Development (PUD) to Mixed-Use Planned Unit Development
(MPUD) known as Bucks Run MPUD, to reduce the density from the currently
allowed 348 units (288 Affordable Housing rental apartments), a church, a 360-
student private school, and an approximate 120-child day care facility to a
maximum of 156 units, a church, and an approximate 120-child day care facility
(See Conceptual MPUD Master Plan). The proposal includes:
1. Open space that includes water management areas, upland and wetland preserves,
landscaping and buffering totaling more than the minimum of 30 % required by
code,with 53.06 percent open space for the Mixed-Use PUD.
2. Access point to the project will be provided from Collier Boulevard.
V. GROWTH MANAGEMENT PLAN CONSISTENCY:
Future Land Use Element:
The subject property is located within the Urban Designation,Urban-Mixed-Use
District,Urban Residential Subdistrict, on the Future Land Use Map (FLUM) of
the Growth Management Plan(GMP).
The approval history of the Bucks Run Planned Unit Development provides a
background for the requested PUD rezone. As originally approved(Ordinance
#99-79,November 23, 1999), the Bucks Run PUD consisted of 156 multi-family
units for the entire PUD,with allowance for a church or school to be built upon a
portion of the project. As in the current request, for every acre of the project
developed with non-residential uses, 4 residential units were to be subtracted from
the 156-unit maximum.
On November 27, 2001, the PUD was amended(Ordinance#01-67). The
amendment approved the development of 288 affordable multi-family units on the
�-. East Tract,but retained a maximum of 60 units on the western portion of the
project. As before, a church or school could be built on the western half of the
EAC Meeting
Page 3 of 9
PUD,with the provision that the development of such facilities would cause the
subtraction of 4 units per acre of nonresidential development from the maximum
of 60 units that could otherwise be developed on the western half of the project.
However, the 2001 amendment approved the potential development of a stand-
alone childcare center within the western portion of the project.
Subsequent to approval of Ordinance#01-67, neighboring residents filed a lawsuit
against Collier County over approval of the PUD Amendment. The filing of the
lawsuit has acted to prevent the petitioners from developing the PUD as
previously anticipated. Therefore, the developers are now petitioning to return to
the original approvals, except that the development of a school is no longer
anticipated. Additionally, the western half of the project has been divided into
two tracts (NW Tract and SW Tract) to reflect the acquisition of these parcels by
the Restoration Church, Incorporated, in June of 2001 (NW Tract) and February
of 2002 (SW Tract), respectively. Note that the East Tract (owned by the original
developer) would be allowed to construct a maximum of 96 units, if the PUD
amendment is approved. However, on the western tracts, the church could
develop a maximum of 60 units, unless a church and/or daycare facility is built, in
which case 4 residential units would be lost for every 1 acre of nonresidential uses
constructed.
� I
Staff notes that the requested land uses (MF, church, daycare facility) have been
previously determined (in 1999 and 2001) to be consistent with the provisions of
the Urban-Mixed Use District and Urban Residential Subdistrict of the FLUE.
This status has not changed in the intervening time period.
Based upon the above analysis, staff concludes that the proposed PUD Document
and Master Plan may be deemed consistent with the Future Land Use Element.
Conservation & Coastal Management Element:
Objective 2.2. of the Conservation and Coastal Management Element of the
Growth Management Plan states"All canals, rivers, and flow ways discharging
into estuaries shall meet all applicable federal, state, or local water quality
standards".
To accomplish that,policy 2.2.2 states "In order to limit the specific and
cumulative impacts of stormwater runoff, stormwater systems should be designed
in such a way that discharged water does not degrade receiving waters and an
attempt is made to enhance the timing, quantity, and quality of fresh water
(discharge) to the estuarine system".
EAC Meeting
Page 4 of 9
This project is consistent with the objectives of policy 2.2.2 in that it attempts to
mimic or enhance the quality and quantity of water leaving the site by utilizing
lakes and interconnected wetlands to provide water quality retention and peak
flow attenuation during storm events.
The project as proposed is consistent with the Policies in Objective 6.1 and 6.2 of
the Conservation& Coastal Management Element, for the following reasons:
Twenty-five percent(25 %) of the existing native vegetation is required to be
retained on-site and set aside as preserve areas with conservation easements
prohibiting further development. 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.
Littoral shelf planting areas within wet detention ponds shall be required at the
time of Site Development Plan/Construction Plan submittal, and will be required
to meet the minimum planting area requirement in Policy 6.1.7.
The requirement for an Environmental Impact Statement (EIS)pursuant to Policy
6.1.8 has been satisfied.
Jurisdictional wetlands have been identified as required in Policies 6.2.1 and
q
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). As stated in Policies 6.2.3 and 6.2.4,
where permits issued by jurisdictional agencies allow for impacts to wetlands
within the Urban Designated Area and require mitigation for such impacts, this
shall be deemed to meet the objective of protection and conservation of wetlands
and the natural functions of wetlands within this area.
In accordance with Policy 6.2.6,required preservation areas are identified on the
PUD master plan. Allowable uses within the preserve areas are included in the
PUD document. Uses within preserve areas shall not include any activity
detrimental to drainage, flood control, water conservation, erosion control, or fish
and wildlife conservation and preservation.
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
EAC Meeting
Page 5 of 9
listed species are required at the time of Site Development Plan/Construction Plan
submittal.
VI. MAJOR ISSUES:
Stormwater Management:
The west side of Bucks Run PUD is within the 951 Canal North Drainage Basin.
The east side is within the Cypress Canal Drainage Basin. Both drainage basins
have allowable discharge rates of 0.015 cfs/acre. The proposed project outfall is
the 951 canal (roadside ditch), which abuts the western property line. Both ends
of the project appear to have historically drained toward the middle and then
south,but drainage patterns have been substantially altered in this area.
The project employs a standard system design of interconnected lakes and
wetlands that provide water quality retention and peak flow attenuation of storm
runoff prior to discharge into the canal. The site will have the standard perimeter
berm set to the 25 year-3 day peak flood elevation.
The project will be permitted by the South Florida Water Management District
through the Environmental Resource Permit process.
Environmental:
Site Description:
The 39.06 acre site is surrounded by residential, commercial development, and
agricultural uses. The site is dominantly pine flatwoods and about 5 acres of
cypress wetlands. All the vegetative communities on the site are impacted to
varying degrees with invasive exotic vegetation.
The pine flatwoods consists of slash pine with scattered cypress in the canopy.
Other vegetation includes melaleuca, wax myrtle, Brazilian pepper, grapevine,
myrsine, poison ivy cabbage palm, dahoon holly, smilax, buttonbush, love vine,
and Caesar weed.
Canopy vegetation of the wetland is dominated by cypress with scattered slash
pine, cabbage palm, and dahoon holly. Other vegetation present includes swamp
fern, saw grass,wax myrtle, melaleuca and Brazilian pepper.
According to the Collier County Soils Map,the following soil types are found on
the property: Holopaw fine sand, limestone substratum(Soil Map Unit 2, hydric);
and Oldsmar finesand, limestone substratum(Soil Map Unit 10)
EAC Meeting
Page 6 of 9
Average natural ground height on the parcel is approximately 12.6' NGVD. Wet
season high water levels are approximately equal to natural ground height. Water
does not stand on the property long enough to leave biological indicators. Lichen
lines are at ground level. Based on biological indicators such as buttressing on
old cypress trees, historical high water levels were approximately 12" above
average natural ground height or approximately 13.6' NGVD. The project control
elevation has been set by the SFWMD at 11.80' NGVD. This was based on soil
borings, lack of biological indicators, and adjacent permitted projects.
Wetlands:
There are 5.12 acres of SFWMD jurisdictional wetlands onsite. The SFWMD
wetland lines were approved by the SFWMD during site visits on July 10,
1999 and by ACOE on July 14, 1999. The construction of the project will
result in direct wetland impacts to .17 acres of the on-site wetlands. The
mitigation plan involves the enhancement and preservation of the remaining
onsite wetlands and enhancement and preservation of 1.94 acres of upland
buffer. Wetland and upland enhancement will include the removal of exotic
and nuisance vegetation. In addition, .75 credits were purchased from the
Panther Island Mitigation Bank
Preservation Requirements:
The project will meet the requirements of Section 3.05.07 of the Land
Development Code and Goal 6 of the Conservation& Coastal Management
Element(CCME)regarding retaining and preserving 25% of the native vegetation
on-site, including both the understory and the groundcover emphasizing the
largest contiguous areas possible. Twenty five percent(25%) of the onsite native
vegetation(39.06 acres) is 9.77 acres.
The PUD master plan shows the proposed location of approximately 99% (9.72
acres) of the required preserve. The remaining 0.05 acres of preserve will be
identified and preserved adjacent to the 9.72 acres with the next development
order petition.
Listed Species:
A listed species surveys have been conducted on the property on March 14, 17-
19, 2003; February 20 2004; and March 5, 2004 by Hoover Planning and
Development, Inc. No listed species have been observed on the site. A current
EAC Meeting
Page7of9
listed species survey will be required with the next development order
submittal.
VII. RECOMMENDATIONS:
Staff recommends approval of Bucks Run PUDA with the following stipulations:
Stormwater Management:
1. The project must obtain an Environmental Resource Permit from the South
Florida Water Management District prior to Site Development Plan or
Construction Plan and Plat approval.
Environmental:
1. The PUD master plan shows the proposed location of approximately 99%
(9.72 acres) of the required preserve. The remaining 0.05 acres of preserve
will be identified and preserved contiguous to the 9.72 acres with the next
development order petition submittal.
EAC Meeting
Page 8 of 9
PREPARED BY:
/r
1f , /
STAN CHRZANOWSK41 P.E. DATE
ENGINEERING REVIEW MANAGER
5 05
CRISTINA SANCHEZ SAL*
DATE
ENVIRONMENTAL SPECIALIST
MIKE DERUNTZ DATE
PRINCIPAL PLANNER
EAC Meeting
Page 9 of 9
REVIEWED BY:
l' atha/t cf /2- 62--- 5--- /0 -05---
BARBARA S. B GESON 1 DATE
PRINCIPAL ENVIRONMENTAL SPECIALIST
ENVIRONMENTAL SERVICES DEPARTMENT
' r d 0 - /.___ C7 57,-2.0 -(5-�
IFS.LIAM D. LO`v NZ, Jr., P.E., DIRECTOR DATE
ENVIRONMENTAL SERVICES DEPARTMENT
/a_ / 5 a a5
SUS MURRAY, -.-4 CP, DIRECTOR DAT
DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW
APPROVED BY:
... ,.3/s0/OS�
J SEPH K. SCHMITT DATE
OMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES
ADMINISTRATOR