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EAC Agenda 09/07/2005
ENVIRONMENTAL ADVISORY COUNCIL AGENDA September 7, 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 August 3, 2005 Meeting minutes V. New Business A. County Attorney's Office presentation B. Outstanding Advisory Committee Member Nominations VI. Land Use Petitions A. Planned Unit Development No. PUDZ-2004-AR-6422 "Mercato PUD" Section 34,Township 48 South, Range 25 East B. Conditional Use No. CU-2003-AR-4647 "Jan's Tram's CU" Sections 23, 24, 25,Township 52, Range 29 East VII. Old Business A. LDC amendments-Cycle 2-9.04.02-Plantation Island B. LDC amendments-Cycle 2-Update on exotic removal for TDRs C. Assessment of the EAC: Functions and Alternative Options D. Special meeting date and time E. Update members on projects 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 Au_qust 26, 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. August 3, 2005 TRANSCRIPT OF THE MEETING OF THE COLLIER COUNTY ENVIRONMENTAL ADVISORY COUNCIL Naples, Florida, August 3, 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: William Hughes Terrence S. Dolan Lee Horn Ken Humiston Judith Hushon Iry Kraut (Excused) Erica Lynne (Excused) Nick Penniman Michael V. Sorrell ALSO PRESENT: Susan Mason, Senior Environmental Specialist Marjorie Student-Stirling, Assistant County Attorney Steven Griffin, Assistant County Attorney Catherine Fabacher, Principle Planner Zoning and Land Development Review 1 August 3, 2005 I. Meeting was called to order at 9:01 AM. II. Roll Call Roll call was taken with Iry Kraut and Erica Lynne being excused. III. Approval of Agenda IV. Approval of July 6,2005 Meeting Minutes Mr. Penniman noted in the minutes is was stated that he was concerned about congruency between plans before the Board, his actual concern was with the Fish and Wildlife Service with whom the County relies on heavily and has been changing their mind and science. Mr. Penniman moved to approve the May 4,2005 minutes. Second by Mr. Humiston. Carried unanimously 7-0. V. Land Use Petitions A. (Continued from July EAC) Planned Unit Development No. PUDZ-A-2004-AR-6084 "Bristol Pines PUD" Section 35, Township 48 South,Range 26 East -All those testifying were sworn in by Ms. Student-Stirling. PETITIONER Dwight Nadeau,Planning Manager for RWA gave a Power Point Presentation including the following points: • Twenty two acres are being added. • This will be an affordable housing project for 292 dwelling units. • It will be deemed 10% low income; or between 60%to 80%of median income for Collier County. • There are 5.08 acres of native vegetation. • There is full compliance with the Land Development Code. Board members expressed concerns about pipes running under the connecting road along with an animal cross-under in the same location. Mike Myers, Passarella & Associates noted that the tortoises to be relocated were entombed. Staff was notified and fines were paid for six burrows. Mr. Nadeau mentioned that the bulldoze operator went beyond the taped boundary. 2 August 3, 2005 Ms. Mason informed the group that monitoring of species has not been able to occur but they are brining in a new staff person in October. Mr. Sorrell discovered in his research that no one is monitoring as to whether the relocation program is working. Dr. Hushon moved to have a culvert added to the plan for animal passage under the connecting road. Second by Mr. Penniman. Mr.Nadeau mentioned that a drainage pipe would not be permitted in conservation areas; it would have to be installed for habitat purposes only. Motion carried unanimously 7-0. A. Special Treatment Permit No. ST-6366 "Catarsi Single-Family Residence" Section 24,Township 51 South,Range 25 East -All those testifying were sworn in by Ms. Student-Stirling. -Mr. Humiston obtained voting. - Disclosures-None PETITIONER Cara Kade,Tarrell and Associates gave a presentation including the following points: • This is a single family residence. • The proposal is for a residence and chickee hut. • Three gopher tortoises will be relocated on the site. • Fencing will be in place while construction is under way. • Construction traffic will enter through an existing path. • It is believed that there are no mangroves on the pathway; if gopher tortoises are found they will be temporarily relocated(Reference to pictures) Steven Lenberger noted that the lot is nonconforming. Dr.Hushon moved to except petition Special Treatment Permit No. ST-6366, "Catarsi Single-Family Residence", Section 24,Township 51 South,Range 25 East with the addition of a resource evaluation on the path just as it has been done within the construction area. Second by Mr. Dolan. Motion carries 6-0 with Mr. Humiston abstaining. VI. Old Business A. Assessment of the EAC: Functions and Alternative Options 3 August 3, 2005 Ms. Mason presented the progress including the following points: eTh • From January 2003 to July 2005 two meetings were canceled by staff due to lack of land-use petitions and no other items on agenda. • From January 2003 to July 2005 two meetings were canceled due to lack of quorum. • There are 18 EISs under review so heavily scheduled meetings are set for the remainder of the year. Dr. Hushon addressed what had been printed in The Naples Daily News. She noted that the Board members spend a lot of time reviewing for the meetings, and are not paid for the service. The job of the Board is to second guess for the City Council. Removing this Board would be a removal of citizen rights. Mr. Penniman read from the County Code. SPEAKER Nicole Ryan, Conservancy of Southwest Florida expressed that the Conservancy feels that this Board is a very important part of the County review process. She would like to have the EAC expand out; and encouraged the Board to have a representative at the September 13th BCC meeting. Bill Lorenz informed the Board that an Executive Summary will go before /'1 the manager. There are other functions for the EAC. The County is to have a technical advisory group to oversee the continued development of the environmental program which is filled by the EAC. Alternative actions that are being looked at: • Having one or more alternate members of the Board so that a quorum can be established. • Establish a quorum under the members present. • Look at the number and types of projects for review and set different thresholds so less come before you. Board members expressed their thoughts on the need for the Environmental Advisory Board, and the need for improving the Environmental Advisory's website. Mr. Hughes addressed the need of the Board to the citizens. Mr. Hughes volunteered to attend the Board of County Commissioners meeting on September 13`h. Mr. Hughes requested to schedule an additional meeting of the Board to review for the purpose of a report to the County Commissioners addressing alternative construction techniques pertinent to environmental impacts; with /'.\ an invitation extended to all those interested. 4 August 3, 2005 Ms. Mason said she would work on the arrangements. VIII. New Business A. Outstanding Advisory Committee Member Nominations None B. Proposed LDC amendments—Cycle 2 Catherine Fabacher, Principle Planner of the Zoning and Land Development Review,Reviewed the Land Development Code Amendments Summary Sheet: • Section 1.08.02-No changes • Section 2.01.00-No changes • Section 2.01.03- "passive" added in between the words "nondestructive" and"recreational"under G., f. Dr. Hushon moved to approve sections 1.08.02,2.01.00, and 2.01.03 with the addition of the word "passive" under 2.01.03, G.,f., second to the last line in the paragraph. Second by Mr. Dolan. Carries unanimously 7-0. • Section 2.03.01-No changes • Section 2.03.07-No changes Mr.Hughes moved to approve sections 2.03.01 and 2.03.07. Second by Mr. Humiston. Carries unanimously 7-0. • Section 2.04.02-No changes • Section 2.04.03-No changes • Section 4.02.14-No changes Mr.Dolan moved to approve sections 2.04.02,2.04.03, and 4.02.14. Second by Mr. Penniman. Carries unanimously 7-0. • Section 4.03.02-No changes • Sections 4.03.03, 10.02.01, 10.02.02, 10.02.03, 10.02.04-No changes • Section 4.05.03-No changes • Section 4.06.02-No changes • Section 4.06.05-No changes Mike Sawyer, Senior Planner with Zoning and Land Development reviewed sections 4.06.02 about the buffer requirements, and 4.06.05 about general landscaping requirements. 5 August 3, 2005 Mr. Penniman moved to approve sections 4.03.02, 4.03.03, 10.02.01, 10.02.02, rm 10.02.03, 10.02.04, 4.05.03, 4.06.02 and 4.06.05. Second by Mr. Hughes. Mr. Humiston suggested slopes to be defined in the records. Mr. Penniman amended motion to include Mr. Humiston's suggestion. Motion carries unanimously 7-0. • Section 4.07.02-No changes • Section 5.05.08-No changes • Sections 5.06.04, 5.06.06, 5.06.07-No changes, Dr. Hushon made mention of box signs blowing out due to wind. • Section 6.06.03-No changes • Section 9.04.02-No changes • Section 10.02.06-No changes • Section 10.02.13-No changes • Section 10.03.05-No changes • Section 10.08.00-No changes Dr. Hushon moved to approve sections 4.07.02,5.05.08, 5.06.04, 5.06.06, 5.06.07, 6.06.03, 10.02.06, 10.02.13, 10.03.05, and 10.08.00 excluding 9.04.02. Second by Mr. Sorrell. Carries unanimously 7-0. C. Proposed LDC amendments—Cycle 2a David Weeks gave an explanation on TDRs and the management with an open discussion. IX. Council Member Comments Mr. Dolan asked about the Audubon Country Club Bald Eagle Management Plan update, with Ms. Mason noting that the language needed to remain for the permit of a take. X. Public Comments None ************ n 6 . August 3, 2005 There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 11:11 PM. COLLIER COUNTY ENVIRONMNETAL ADVISORY COMMITTEE Chairman William Hughes 7 COLLIER COUNTY ADVISORY BOARD MEETINGS Items of Concern in Conducting a Meeting from: "Roberts Rules of Order" This will assist you in conducting an orderly and productive meeting. It will also help transcribe the minutes in keeping with the County requirements and Roberts Rules of Order: • Every meeting must begin somewhere. The Chairman or President calls the meeting to order. • The Chairman should not only be familiar with parliamentary usage, but set an example of strict conformity, executive ability and capable of control. Set an example of courtesy and not forget that to control others it is necessary to control one's self. No rules will take the place of tact and common sense. It is safe to have parliamentary law be observed. • Be familiar with the business to come regularly before the meeting and call for it in its regular order according to the Agenda. The recorder will remind you if it is out of order. • A quorum is required for all meetings. If a member or members leave and there is no quorum,the meeting needs to be adjourned. • Remind the members minutes are not verbatim but a summary of actions taken by the Board. Mainly to record what is"done", and not what is said by the members. (The recorder will transcribe pertinent information that gives meaning to the Committee) • When a motion is made, do not recognize any member or allow any one to speak until the motion is seconded and you have stated the question. (The recorder may remind you of the situation in case you forget) • If the motion does not get a second, members can't discuss it and the Chairman goes on to the next business in order. The Chairman can say: "Without a second, the motion will not be considered." Avoid using the Phrase—"dies for lack of a second." • The Chairman declares if the motion passes or not and announces the vote as well as how the action will be carried out. The President or Chairman (in a meeting with fewer than 12 members) can make motions, second motions, 1 discuss motions and vote on motions. It is ideal for the Chairman to announce who has made the motion, and the second. • Motions should be specific, stated clearly and in detail. • When further business is to be discussed, ideas are not discussed first and then a motion made, but rather a motion is made and then discussed. Members can present only one main motion at a time. • Announce the names of those voting "yes"or "no"if the vote is not unanimous. • Members need to raise their hand to be recognized before speaking so there's not more than one person speaking at one time- as it would not be recorded properly. There is to be "no"conversation among members. • At the end of a meeting, the president asks if there is any further business to discuss, if there is no motion made he says: If there is no objection, the meeting will now adjourn. Since there is no objection the Chairman hits the gavel and says—the meeting is adjourned. Members can also move and second to adjourn. • If the time to adjourn is fixed, it needs a motion and second. • Number of Absences on the Committee should be addressed with staff according the Committee's Ordinance- It needs to be known if the member is excused or not. 2 PROCEDURES FOR HISPANIC AFFAIRS ADVISORY BOARD MEETINGS (HAAB) A. General: 1. Meetings. Regular meetings of the HAAB shall be held on such day, time and place as may be determined by the HAAB, and at a minimum of once a month, except for one month in the summer. 2. Quorum and Voting. At all regular or special meetings of the HAAB, a majority of the membership of the HAAB (i.e., 5 members) shall constitute a quorum. Voting shall be by voice unless a member of the HAAB requests a roll call. The roll shall be in alphabetical order with the first name called rotating with each motion upon which the vote is called. The Chairman shall always vote last. A record of the roll call shall be kept as part of the minutes. The HAAB may only take action with 5 affirmative votes (Ordinance 91-37, as amended). If no quorum is present within 15 minutes after the published starting time of a meeting of the HAAB,the meeting may be called to order by the Chairman and the following motions may be heard as may be applicable: (a) to set the time and date of the next meeting (if necessary), (b) to obtain a quorum, (c)to recess, (d) and to adjourn. 3. Special Meetings. Special meetings may be called by the Chairman at any time provided adequate notice is given pursuant to Paragraph 4 below. The Chairman may also call a special meeting when requested to do so in writing by a majority of the members of the HAAB or by a County staff member. The notice of such a meeting shall specify the purpose of such a meeting and no other business may be considered except by unanimous consent of all members present. All members of the HAAB shall be notified in advance of such special meetings by the staff liaison. 4. Notice and Publication. The staff liaison shall give notice and keep record of such notice of its meetings and the meeting of the subcommittees including the date, time, and location of each regular and special meeting. Notice shall be posted in the county administration building and other appropriate locations and to the County Public Information Department for further distribution. 5. Open Meetings. All meetings of the HAAB or its subcommittees shall be open to the public and governed by the provisions of Florida's Government in the Sunshine Law. 6. Minutes. The minutes of all meetings shall be recorded, and such records shall be open to public inspection, in accordance with applicable law. 7. Location. Meetings of the HAAB, or any of its subcommittees, shall be held in a location accessible to the public. 8. Meeting Agenda. There shall be an agenda for each meeting of the HAAB which shall determine the order of business conducted. The HAAB shall not take action on any matter, proposal, report or item of business not listed upon the official agenda unless a majority of the board present consents. Any HAAB member may place an item on the agenda by submitting it to the staff liaison prior to the deadline for publishing the notice of such meeting. Any member of a HAAB subcommittee may also place items on the agenda of the subcommittee by submitting it to the staff liaison prior to the deadline for publishing notice of the subcommittee meeting. The staff liaison may also place items on the agenda. 9. Order of Business. The order of business at regular meetings shall be: (a) Call to Order (b) Roll Call (c) Adoption of the Agenda (d) Adoption of Minutes from Previous Meeting (e) New Business (f) Old Business (g) Public Comment (h) HAAB Member Comment (i) Next Meeting Time, Date and Location (j) Adjournment B. Agenda Items Requiring Action(Old Business and New Business): 1. General. All members of the public who address the Board shall utilize the speaker's podium and shall identify themselves by name and local addresses, if applicable. Further, any speaker speaking on behalf of an organization or group of individuals (exceeding five) shall indicate such and shall cite the source of such authority whether by request,petition, vote, or otherwise. 2. Speaker Registration. Persons, other than staff wishing to speak on an agenda item shall, prior to the item being heard, register with the staff liaison on the forms provided. Five (5) or more persons deemed by the HAAB to be associated together or otherwise represent a common point of view, as proponents or opponents on any item may be requested to select a spokesperson. All persons may speak for a maximum of five (5) minutes each. 3. Restrictions on Comments Deemed Not Germane to the Item. Notwithstanding any provisions herein, any HAAB member may interrupt and/or stop any presentation that discusses matters that need not be considered in deciding the matter then before the Board for consideration. At any HAAB proceeding, the Chairman, unless overruled by majority of the HAAB members present, may restrict or terminate presentations which in the Chairman's judgment are frivolous, unduly repetitive or out of order. C. Rules of Debate: The following rules of debate shall be observed by the board. Except as herein provided questions of order and the conduct of business shall be governed by Robert's Rules of Order. 1. Motion under consideration. When a motion is presented and seconded, it is under consideration and no other motion shall be received thereafter, except to adjourn, to /'1 lay on the table, to postpone, or to amend until the question is decided. These countermotions shall have preference in the order in which they are mentioned, and 2 the first two shall be decided without debate. Final action upon a pending motion may be deferred until the next meeting by majority of the members present. 2. Chairman participation. The presiding Chairman may move, second and debate from the chair, and shall not be deprived of any of the rights and privileges of a committee member by reason of being the presiding chairman. 3. Form of address. Each member shall address only the presiding Chairman for recognition, shall confine himself to the question under debate, and shall avoid personalities and indecorous language. 4. Interruption. A member, once recognized, shall not be interrupted except by the Chairman if the Chairman determines that the member's participation is irrelevant, frivolous or out of order. Any member may appeal the decision of the Chairman to the committee for decision by majority vote. 5. The question. Upon the closing of debate, any member may require a roll call vote. Any member may give a brief statement or file a written explanation of his vote. E. Public Comment on General Topics: Members of the public may register to speak on general topics under the Public Comment portion of the agenda. The number of speakers permitted to register under public comment on any given agenda shall be limited to a maximum of five, unless the Chairman recognizes additional speakers. 1. Speaker Registration. Individuals wishing to speak to the HAAB under public comment at any regularly scheduled meeting of the HAAB shall register to speak in writing on the form provided by the County prior to the public comment portion of the agenda being called by the Chairman. F. Conflicts of Interest: Any member having a potential voting conflict shall publicly state the nature of the conflict at the HAAB meeting and complete Form 8B [Memorandum of Voting Conflict for County, Municipal and Other Local Public Officers] within 15 days of the scheduled meeting. G. Excused Absences: A member's absence at a meeting will be deemed excused if the member contacts the staff liaison with an explanation prior to 5:00 p.m. of the day of a regularly scheduled meeting. Any member who misses three consecutive regularly scheduled meetings regardless of calling must explain and receive approval of the absences from the Board for the absences to be excused. Otherwise, Ordinance No. 2001-55 shall control with respect to the effect of absences or Board membership. ADOPTED BY THE HAAB on this day of , 2005. t•—` Ernesto Labrador, VICE-CHAIRMAN HAAB 3 Item VI.A. ENVIRONMENTAL ADVISORY COUNCIL STAFF REPORT MEETING OF SEPTEMBER 7,2005 I. NAME OF PETITIONER/PROJECT: Petition No.: Planned Unit Development No. PUDZ-2004-AR-6422 Petition Name: Mercato PUD Applicant/Developer: The Lutgert Companies Engineering Consultant: Q. Grady Minor&Associates, P.A. Environmental Consultant: WilsonMiller, Inc. II. LOCATION: The subject property is located in the NE quadrant of U.S. Highway 41 and Vanderbilt Beach Road in Section 34, Township 48 South, Range 25 East, Collier County, Florida. III. DESCRIPTION OF SURROUNDING PROPERTIES: Surrounding properties are developed with the following zoning classifications. ZONING DESCRIPTION N - PUD (Pelican Marsh) Developed S - C-4 Developed R.O.W. Vanderbilt Beach Rd E - PUD (Pelican Marsh) Developed W- R.O.W. U.S. 41 IV. PROJECT DESCRIPTION: The petitioner is requesting to rezone the subject 53+ acre site from "A", Rural Agricultural, zoning district to MPUD for a mixed-use project, designed in a �„� "main street" theme comprising 390,000 square feet of retail commercial uses, EAC Meeting Page 2 of 11 100,000 square feet of office uses, and up to 160 residential dwelling units or 3 dwelling units per acre. V. GROWTH MANAGEMENT PLAN CONSISTENCY: Future Land Use Element: The subject property is designated Urban (Urban Commercial District, Mixed Use Activity Center Subdistrict & Urban Mixed Use District, Urban Residential Subdistrict), with approximately 27+ acres located within Activity Center #5, as identified on the Future Land Use Map of the Growth Management Plan (GMP). Relevant to this petition, the Mixed Use Activity Center Subdistrict permits the full array of commercial uses allowed in C-1 through C-5 zoning districts and up to 16 residential units per gross acre might be permitted. The Mixed Use Activity Center states, in part: "Mixed Use Activity Centers are intended to be mixed-use in character. The actual mix of the various land uses...shall be determined during the rezoning process based on considerations of the factors set-forth in the Mixed Use Activity Center Subdistrict." Approximately 24 acres of the site are outside the Activity Center boundary and within the Urban Residential Subdistrict. This subdistrict permits residential development (variety of unit types) at a base density of 4 DU/A and a maximum of 16 DU/A, subject to the Density Rating System provisions; recreation and open space uses and a variety of community facility uses. The petitioner is proposing a maximum of 160 dwelling units or 3 dwelling units per acre for the entire project. The 24 acres that lie outside the Activity Center boundary are within the Urban Residential Subdistrict and is located within a Traffic Congestion Area, as depicted on the Future Land Use Map and described in the FLUE, so are subject to a 1 DU/A reduction from the base density of 4 DU/A and they are not eligible for any density bonuses. Therefore, this portion of the project is limited to a maximum density of 3 DU/A or 72 units. The Mixed Use Activity Center also states: "For residential development, if a project is within the boundaries of a Mixed Use Activity Center which is not within the Urban Residential Fringe Subdistrict or Urban Coastal Fringe Subdistrict, up to 16 residential units per gross acre may be permitted. This density may be distributed throughout the project, including any portion located outside of the boundary of the Mixed Use Activity Center." Therefore, the 27+ acres within the Activity Center Boundary would be eligible for up to 16 units per acre or 432 units making the total project eligible for a maximum of 504 units or 9.5 dwelling units per acre, which could be distributed throughout the project. Therefore, the proposed 3 units per acre for the entire project are deemed consistent with the Density Rating System. EAC Meeting Page 3 of 11 Approximately 80% of Activity Center #5 is zoned or developed for commercial uses. This Activity Center is eligible for up to 100%, or any combination, of commercial, residential and/or community facility uses. To qualify as a Master Planned Activity Center, the applicant shall have unified control of the majority of a quadrant in a designated Activity Center (greater than 51%). Relevant to this petition, the majority of the northeast quadrant of Activity Center #5 is under the common ownership of the subject property owner, and the property owner has a common development plan for all property under their control; therefore, the project qualifies as a Master Planned Activity Center as it is a unified plan of development in the form of a PUD which allows flexibility in the boundaries including modification during final site design, mix and location of uses within a master planned activity center, and permits modification of the square configuration of activity center quadrants if the applicant has unified control of a majority of a quadrant. However, although the configuration of the activity center quadrant can be modified, the acreage and the approved amount of commercial development shall not be exceeded. The project comprises 53+ acres and proposes 27.50 acres of mixed uses, 10.38 acres of residential uses, 1.47 acres of lakes and 6.50 acres of preserve, 2.65 acres of right-of-way and 4.50 acres of buffers/open space. According to the Collier County Geographic Information System (GIS), of the 53+ acres, 27+ acres are within the Activity Center boundary. The mixed-use component of this project proposes 390,000 square feet of retail commercial uses, 100,000 square feet of office space and 80 hotel units for distribution on 27.50 acres. Although the Master Planned Activity Center allows flexibility in the boundaries and permits modification of the square configuration of the activity center quadrant, the approved amount of commercial development shall not be exceeded. Therefore, under the Mixed Use Activity Center Subdistrict criteria, 27.50 (the total acreage within the Activity Center boundary) acres qualify for the proposed mixed-uses. The proposed residential density and commercial square footage is permitted under these criteria. CONCLUSION: Based upon the above analysis, staff concludes the proposed uses and density may be deemed consistent with the FLUE. 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 EAC Meeting Page 4 of 11 cumulative impacts of stormwater runoff, stormwater systems should be designed in such a way that discharged water does not degrade receiving waters and an attempt is made to enhance the timing, quantity, and quality of fresh water (discharge) to the estuarine system". This project is consistent with the objectives of policy 2.2.2 in that it attempts to mimic or enhance the quality and quantity of water leaving the site by utilizing lakes and interconnected wetlands to provide water quality retention and peak flow attenuation during storm events. In accordance with Policy 6.1.1, 25 % of the existing native vegetation will be retained/replanted on-site and set aside as preserve areas with conservation easements prohibiting further development. Pursuant to Policy 6.1.1, "The preservation of native vegetation shall include canopy, under-story and ground cover emphasizing the largest contiguous area possible". Given the impacted nature of the site and site constraints due to the location of vehicular access points, the applicant believes the site plan represents the largest contiguous native vegetation area possible, utilizing both retained and re-created native vegetation. Staff believes adjustments to the PUD master plan can result in the preservation of higher quality habitat in larger more contiguous areas, with less re-creation. See Major Issues/Preservation Section for further elaboration.) 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 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. EAC Meeting Page 5 of 11 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 listed species are required at the time of Site Development Plan/Construction Plan submittal. A copy of the EIS will be forwarded to the Florida Fish and Wildlife Conservation Commission(FFWCC) for their review. VI. MAJOR ISSUES: Stormwater Management: The project has received Surface Water Management permit # 11-01740-P from the SFWMD. The developed site will discharge into the Pelican Marsh stormwater management system at a permitted discharge rate of 0.22 cfs. This site also receives pretreated runoff from approximately 6.1 acres of adjacent land to the south containing a Fifth-Third Bank and a Walgreens Pharmacy. All other features of the stormwater management system are designed in accordance with the provisions of SFWMD Volume IV. Environmental: Site Description: The project site is an infill project located in the NE corner of U.S. Highway 41 and Vanderbilt Beach Road. Native habitats are impacted with exotics to varying degrees and occur primarily on the southern portion of the property and along U.S. 41. These habitats include pine flatwoods, hydric pine flatwoods, cypress, cypress-pine-cabbage palm and wetland forested mixed. The northern portion of the site contains a fallow agricultural field, which has become overgrown with exotics (Brazilian pepper) in places. Wetlands: Approximately24.2 acres of wetlands occur on the project site, of which 19.5 acres will be impacted. SFWMD Individual Environmental Resource Permit (ERP) #11-01740-P and the USACE Section 404 Individual Permit #199607579 have been previously issued for the project, approving impacts to all wetlands on- EAC Meeting Page 6 of 11 site. The purchase of 10.37 credits from Panther Island Mitigation Bank was used as mitigation for impacts to on-site wetlands. The project control elevation of 9.0 feet NGVD was determined through a combination of topography, biological indicators, and adjacent permitted control elevations. The adjacent Pelican Marsh Lake #6 to the north and the adjacent Fifth Third Bank building to the south are controlled at 9.0 feet NGVD. Existing grades on-site vary from 9.0 to 9.5 feet NGVD in the area proposed for preservation. Seasonal High Water was estimated to be approximately 10.0 feet NGVD. This is similar in elevation to the 10.1 feet water quality elevation used in the conceptual water management design. Preservation Requirements: The subject property is an infill project surrounded by development and two major roadways. Native habitats on-site are impacted and interspersed with exotic vegetation, and include cypress, cypress-pine-cabbage palm, mixed wetland hardwoods and pine flatwoods. Also on-site are disturbed areas and approximately 19.9 acres of fallow agricultural field. A total of 25.2 acres of native habitat exist on the property, of which a minimum of 25% (6.3 acres) will be required to be preserved. CCME Policy 6.1.1 provides criteria for the selection of native vegetation to be set aside as preserve areas. The policy specifies that the largest contiguous area possible should be preserved and that preservation areas shall be interconnected within the site and to adjoining off- site preservation areas or wildlife corridors. The Policy specifies the following criteria in descending order of priority: a. Areas known to be utilized by listed species or that serve as corridors for the movement of wildlife shall be preserved and protected in order to facilitate the movement of wildlife through the site, consistent with the requirements of Policy 7.1.1 of this element. b. Onsite wetlands preserved pursuant to Policy 6.2.4 of this Element; c. Upland habitat shall be part of the preservation requirement when wetlands alone do not constitute all of the requirement. Upland habitats have the following descending order of priority: 1. Any upland habitat that serves as a buffer to a wetland area, 2. Listed plant and animal species habitats, 3. Xeric Scrub, 4. Dune and Strand, Hardwood Hammocks, 5. Dry Prairie, Pine Flatwoods, and 6. All other upland habitats. ,—� In applying the above criteria to the site without any land use or transportation constraints, staff would recommend that the required 6.3 acres of preserved EAC Meeting Page 7 of 11 vegetation be one large contiguous area located in the southeastern portion of the project site. This area would be comprised of the highest quality wetland area and an area that contains the only native habitat with an active gopher tortoise burrow. However, the location of the transportation access points on Rt. 41 and Vanderbilt Beach Road and the need for a connecting road through the proposed development would bisect this one single contiguous area. Staff recognizes that one preserve area in this location would therefore severely limit the site development given these required access points. Thus, an acceptable option would be retaining vegetation in two separate preserves, one on the western side of the site and one on the eastern side of the site. In applying Policy 6.1.1 to retain the priority vegetation and recreate the least amount of preserve area, staff proposes incorporating the northeast most MU tract into the eastern preserve, eliminating creation/retention of native vegetation, other than for FLUCFCS Code 621, in the western preserve, and making up the balance of the preserved native vegetation for the PUD by preserving additional cypress (FLUCFCS Code 621) adjacent to the western preserve. The applicant, however, has asserted that staff's recommended preserve area would conflict with the proposed site plan. The CCME Policy 6.1.1(7) does allow for exceptions to these criteria when parcels "cannot reasonably accommodate both the preservation area and the proposed activity." The complete wording of this policy is 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 can not 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. As indicated above, staff recognizes that the access points to the property may require a small portion of the desired vegetation in close proximity to the southeastern access point be preserved elsewhere or be recreated. However, the applicant contends that the proposed development plan can not be adjusted any further to accommodate staff's recommendation. The applicant did agree to make changes to the initial site plan during the beginning of the review process by increasing the designated acreage in the southeastern preserve area but given the overall thematic design of the development and the desire to create the linear village atmosphere, the applicant contends that the proposed plan conforms to exception criteria established in CCME Policy 6.1.1(7). The applicant is EAC Meeting Page 8 of 11 n proposing to re-create approximately 1.6 acres of native habitat in the southern portion on site just north along Vanderbilt Beach Road. In applying the criteria of CCME Policy 6.1.1, a conflict arises in retaining the largest contiguous area of native vegetation to be set aside as preserve and in allowing for re-creating vegetation in order to "reasonably accommodate" the preserve area and the proposed activity. As noted above, the applicant maintains that proposed plan is consistent with Policy 6.1.1(7). Staff contends that the development plan could be designed to allow for a greater amount of retained vegetation with less recreation, and that this design would not affect the land uses proposed or reduce their intensities. Listed Species: Three active and four inactive gopher tortoise burrows were observed on the project site, mainly along the outer berms of the fallow farm field ditches at the north end of the site, and one within the pine flatwoods habitat located within the boundary of the proposed gopher tortoise preserve. Using a 0.3 to 0.4 occupancy factor multiplied by the number of active plus inactive burrows (7) approximately 2-3 gopher tortoises are estimated to occur on-site. Results from bucket trapping for 35 consecutive days resulted in a single gopher tortoise being trapped. The tortoise tested negative for URTD. Any gopher tortoises found during excavation of the burrows will be relocated to the proposed gopher tortoise preserve on-site. The gopher tortoise preserve will be placed under a conservation easement and managed for tortoises. The disturbed portion of the proposed eastern preserve will be planted with native vegetation suitable for gopher tortoises. If sufficient suitable habitat is determined not to occur on-site then off-site relocation will be required. Four species of listed plants were observed on the project site during field surveys. These include three species of wild pine (Tillandsia fasciculata, T. balbisiana and T. pruinosa) and butterfly orchid (Encyclia tampensis). No plant species listed by the USFWS were observed on the project site during the field survey. All three species of Tillandsia and the butterfly orchid are common in southwest Florida and are sparsely scattered within the forested portion of the site. VII. RECOMMENDATIONS: Environmental Environmental staff recommends denial of Planned Unit Development No. PUDZ-2004-AR-6422 "Mercato PUD". This is based on the GMP criteria for preserving the largest contiguous area possible and that adjustments to the PUD EAC Meeting Page 9 of 11 n master plan can result in the preservation of higher quality habitat in larger more contiguous areas,with less re-creation If the EAC recommends the applicant's proposed site plan, then the EAC should make a finding that the proposed site plan conforms to GMP Policy 6.1.1(7). If this is the EAC's recommendation, then staff would also recommend that the EAC adopt the following stipulations to be applied to the proposed site plan: 1. Add the following sentence to section 2.14 of the PUD document: Based on the existing 25.2 acres of native vegetation on-site, a minimum of 6.3 acres of native vegetation shall be retained or planted on-site. 2. Delete section 5.4 (B) from the PUD document. 3. Delete the word "upland" from the last sentence in section 6.6 (B) of the PUD document. 4. Amend the lake cross-sections in Exhibit "E" of the PUD document, to include the lake maintenance easement required by the County. Lake maintenance and other easements must be separate from Preserve areas. 5. Amend the PUD master plan to include the following: 1.) Incorporate the northeast most MU tract into the eastern preserve; 2.) eliminate the creation/retention of native vegetation, other than for FLUCFCS Code 621, in the western preserve; and 3.) make up the balance of the preserve requirement for the PUD by preserving additional cypress (FLUCFCS Code 621) adjacent to the already existing cypress in the western preserve. 6. Require that all recreated preserves be strictly monitored in accordance with an approved Preserve Management Plan. Annual monitoring reports shall be provided for the created preserves to assure their success. Stormwater Management: No additional stipulations. EAC Meeting Page 10 of 11 PREPARED BY: 12406 a5" STAN CHRZANI SKI, P.E. DATE ENGINEERING REVIEW MANAGER ENGINEERING SERVICES DEPARTMENT r// 7/2ooS STEPHEN LENBERGER DATE ENVIRONMENTAL SPECIALIST ENVIRONMENTAL SERVICES DEPARTMENT a lZ o RAYMri 1 I V. BELLOWS D TE MANA"ER DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW REVIEWED BY: .4 6-- F17-05" BARBARA S. BURGESO DATE PRINCIPAL ENVIRONMENTAL SPECIALIST ENVIRONMENTAL SERVICES DEPARTMENT EAC Meeting Page 11 of 11 I I . A f! _ �S% / 08 w, 8 /' JAM D. LO' F Z, Jr., '.E., DIRECTOR, DATE ENVIRONMENTAL SERVICES DEPARTMENT Allir) SAN HURRAY, AICP, DIRE , OR, DA E DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW 9 i A `/ 9 viovos- ,...... , STEVE GRIFFIN 10, DATE ASSISTANT COUNTY ATTORNEY OFFICE OF THE COLLIER COUNTY ATTORNEY I APPROVED BY: i •.EPH K. S HMITT, ADMINISTRATOR, DATE •MMUNITY DEVELOPMENT&ENVIRONMENTAL SERVICES DIVISION Item VI.B. ENVIRONMENTAL ADVISORY COUNCIL STAFF REPORT MEETING OF September 7, 2005 cam ' cs'► NAME OF PETITIONER/PROJECT: F- Petition No.: CU-2003-AR-4647 �7 ST-2003-AR-5993 Petition Name: Jan's Trams Conditional Use & Special'' Treatment Permit Applicant/Developer: Mitch House of Sandbillies Inc. D.B.A. Jan's Trams Engineering Consultant: Coastal Engineering Consultants, Inc. Environmental Consultant: EarthBalance II. LOCATION: The subject property is located approximately 3 of a mile west of S.R. 29, on the north side of U.S. 41. The leased property comprises 1,077± acres, although the applicant proposes to utilize only a small portion of the site. The subject property is located in Sections 24 and 25, Township 52 South, Range 29 East, Collier County, Florida. III. DESCRIPTION OF SURROUNDING PROPERTIES: The proposed project area is surrounded by undeveloped, environmentally- sensitive land. A short distance to the east, as the intersection of S.R. 29 and U.S. Highway 41 there are a gas station with convenience store, a visitor's center and a Collier County Sheriff substation. North of the property is Copeland and the Fakahatchee Strand State Preserve. The entire area is contained within the Area of Critical State Concern. ZONING DESCRIPTION North: A-ACSC/ST Undeveloped land East: A-ACSC/ST Undeveloped land South: A-ACSC/ST Undeveloped land West: A-ACSC/ST Undeveloped land, landfill transfer station EAC Meeting Page 2 of 12 IV. PROJECT DESCRIPTION: The proposed Conditional Use petition seeks to allow an eco-tourist facility to be operated on the subject site. The applicant intends to construct an educational facility and operate boat and bus tours on existing canals and trails. The applicant has requested that two vehicles and two boats be allowed to operate on site. The land vehicles would be one standard size former school bus and one short former school bus, with a combined passenger capacity of 60 people. The two boats proposed are pontoon boats with four-stroke outboard engines, each having a listed capacity of 30 people. The conceptual site plan indicates the applicant will build a small building with a dock and will provide seven parking spaces. Proposed water rides will be conducted in the canals that were dredged to obtain fill for the intersection of S.R. 29 and U.S. 41. The proposed land-based rides will be conducted on an existing logging trail. The subject property is approximately 1,077 acres, however, the applicant intends to limit operations to approximately 14.22 acres. Access to the property will be from an existing entrance on U.S. 41. The conditions of approval, as required by Section 4.02.02.B.3.c of the Collier County Land Development Code, shall be as follows: 1. Permits or letters of exemption from the U.S. Army Corps of Engineers, the Florida DEP, and the SFWMD shall be presented to the County Manager or designee prior to site development plan approval. 2. The petitioner shall post the property along the entire property line with no trespassing signs approximately every 300 yards. 3. The petitioner shall utilize only trails identified and approved on the site development plan. Any existing trails shall be utilized before the establishment of new trails. 4. Motor vehicles shall be equipped with engines which include spark arrestors and mufflers designed to reduce noise. 5. The maximum size of any vehicle, the number of vehicles, and the passenger capacity of any vehicle shall be determined by the Board of Zoning Appeals during the conditional use process. 6. Motor vehicles shall be permitted to operate during daylight hours which means, one (1) hour after sunrise to one(1)hour before sunset. .-� 7. Molestation of wildlife, including feeding, shall be prohibited. EAC Meeting Page 3 of 12 8. Vehicles shall comply with state and United States Coast Guard regulations, if applicable. Zoning staff will recommend approval of the applicant's requested limitations on vehicle use for point 5. Staff will also stipulate that a permanent conservation easement be provided V. GROWTH MANAGEMENT PLAN CONSISTENCY: Future Land Use Element: A portion of the subject property is designated Conservation and a portion is designated Agricultural/Rural (Agricultural/Mixed Use District), and the entire site is within the Area of Critical State Concern (ACSC) overlay, all as identified on the Future Land Use Map of the Growth Management Plan. Relevant to this petition, the Agriculture/Rural Designation permits non-residential uses such as parks, open spaces and recreational uses and habitat preservation uses, and the Conservation Designation permits non-residential uses such as passive parks, recreation uses and habitat preservation and conservation uses. According to the FLUE, "all proposals for development within the Conservation Designation must be subject to rigorous review to ensure that the impacts of the development do not destroy or unacceptably degrade the inherent functional values" of the area. This provision would apply to Conditional Use petitions. In addition, the ACSC overlay regulations are as follows: A. Area of Critical State Concern Overlay The Big Cypress Area of Critical State Concern (ACSC) was established by the 1974 Florida Legislature. The Critical Area is displayed on the Future Land Use Map as an overlay area. The Critical Area encompasses lands designated Conservation, Agricultural/Rural, Estates and Urban (Port of the Islands, Plantation Island and Copeland). Chokoloskee is excluded from the Big Cypress Area of Critical State Concern. All Development Orders within the Critical Area shall comply with Chapter 28-25, Florida Administrative Code, "Boundary and Regulations for the Big Cypress Area of Critical State Concern". Those regulations include the following: 1. Site Alteration a. Site alteration shall be limited to 10% of the total site size, and installation of non-permeable surfaces shall not exceed 50% of any such area. However, a minimum of 2,500 square feet may be altered on any permitted site. EAC Meeting Page 4 of 12 b. Any non-permeable surface greater than 20,000 square feet shall provide for release of surface run off, collected or uncollected, in a manner approximating the natural surface water flow regime of the area. c. Soils exposed during site alteration shall be stabilized and retention ponds or performance equivalent structures or systems maintained in order to retain run off and siltation on the construction site. Restoration of vegetation to site alteration areas shall be substantially completed within 180 days following completion of a development. Re-vegetation shall be accomplished with pre-existing species or other suitable species except that undesirable exotic species shall not be replanted or propagated. Exotic species are listed below. Australian Pine - (Casuarina spp.) Bishopwood - (Bischofia javanica) Brazilian Pepper- (Shinus terebinthfolius) Melaleuca(cajeput) - (Melaleuca leucadendra spp.) Downy Rosemyrtle - (Rhodomytus tomentosa) Earleaf Acacia- (Acacia auriculiformis) Catclaw Mimosa- (Mimosa pigra) Java Plum - (Syzygium cumini) d. No mangrove trees or salt marsh grasses shall be destroyed or otherwise altered. Plants specifically protected by this regulation include: All wetland plants listed by the Florida Department of Environmental Regulation in Chapter 17-301, Florida Administrative Code, as amended. e. Fill areas and related dredge or borrow ponds shall be aligned substantially in the direction of local surface water flows and shall be separated from other fill areas and ponds by unaltered areas of vegetation of comparable size. Dredge or borrow ponds shall provide for the release of storm water as sheet flow from their downstream end into unaltered areas of vegetation. Access roads to and between fill areas shall provide for the passage of water in a manner approximating the natural flow regime and designed to accommodate the 50 year storm. Fill areas and related ponds shall not substantially retain or divert the total flow in or to a slough or strand or significantly impeded tidal action in any portion of the estuarine zone. f. Man-made lakes, ponds, or other containment works shall be constructed with a maximum slope of 30 degrees to a depth of six feet of water. Whenever mineral extraction is completed in new quarrying lakes, shoreline sloping, planting of littoral shelves with nursery grown aquatic vegetation, restoration or revegetation of the property and disposal of spoils or tailings shall be completed before abandonment of the site. Existing quarrying lakes are exempt from this provision, except that whenever any person carries out any activity defined in Section 380.04, Florida Statutes, as amended as development or applies for a development EAC Meeting Page 5of12 permit as defined in Section 380.031, Florida Statutes, as amended to develop any existing quarrying lake area, these regulations shall apply. g. Finger canals shall not be constructed in the Critical Area. h. This rule shall not apply to site alterations undertaken in connection with the agricultural use of land or for the conversion of land to agricultural use. 2. Drainage a. Existing drainage facilities shall not be modified so as to discharge water to any coastal waters, either directly or through existing drainage facilities. Existing drainage facilities shall not be expanded in capacity or length except in conformance with paragraph (2) below; however, modifications may be made to existing facilities that will raise the ground water table or limit salt water intrusion. b. New drainage facilities shall release water in a manner approximating the natural local surface flow regime, through a spreader pond or performance equivalent structure or system, either on site or to a natural retention, or natural filtration and flow area. New drainage facilities shall also maintain a ground water level sufficient to protect wetland vegetation through the use of weirs or performance equivalent structures or systems. Said facilities shall not retain, divert, or otherwise block or channel the naturally occurring flows in a strand, slough or estuarine area. c. New drainage facilities shall not discharge water into any coastal waters either directly or through existing drainage facilities. d. This rule shall not apply to drainage facilities modified or constructed in order to use land for agricultural purposes or to convert land to such use. 3. Transportation a. Transportation facilities which would retain, divert or otherwise block surface water flows shall provide for the re-establishment of sheet flow through the use of interceptor spreader systems or performance equivalent structures and shall provide for passage of stream, strand, or slough water through the use of bridges, culverts,piling construction or performance equivalent structures or systems. b. Transportation facilities shall be constructed substantially parallel to the local surface flow, and shall maintain a historic ground water level sufficient to protect wetland vegetation through the use of weirs or performance equivalent structures or systems and as feasible, the flows in such works shall be released to natural retention filtration and flow areas. c. Transportation facility construction sites shall provide for siltation and run-off control through the use of settling ponds, soil fixing or performance equivalent structures or systems. 4. Structure Installation a. Placement of structures shall be accomplished in a manner that will not adversely affect surface water flow or tidal action. b. Minimum lowest floor elevation permitted for structures shall be at or above the 100- year flood level, as established by the Administrator of the Federal Flood EAC Meeting Page 6 of 12 Insurance Administration. The construction of any structure shall meet additional Federal Flood Insurance Land Management and Use Criteria (24 CFR 1910), as administered by the appropriate local agency. c. This rule shall not apply to structures used or intended for use in connection with the agricultural use of the land. All Development Orders issued for projects within the Big Cypress Area of Critical State Concern shall be rendered to the State of Florida Department of Community Affairs for review with the potential for appeal to the Administration Commission per Chapter 9J-1, Florida Administrative Code, "Development Order Requirements for Areas of Critical State Concern". Note: These same or very similar ACSC regulations exist in Florida Statutes, and exist in the LDC as a zoning overlay. It is incumbent upon the petitioner to provide the necessary data to determine compliance with these regulations. Comprehensive Planning staff defers to other County staff to determine compliance. FLUE Policy 5.4 requires that all new developments are compatible with and complimentary to the surrounding land uses. The Comprehensive Planning Department leaves this determination to the Zoning and Land Development Review Dept. staff as part of their review of the petition in its totality. Based upon the above analysis, and subject to a determination that this project is in compliance with all applicable ACSC regulations, staff concludes the proposed use for the subject site can be deemed consistent with the Future Land Use Element. (Staff review was of original petition, which included 1,021.68 acres.) 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 will use dry detention to help recycle other nutrients and sediment from the project site. EAC Meeting Page 7 of 12 The project as proposed is not consistent with the Policies in Objective 6.1 and 6.2 of the Conservation & Coastal Management Element, for the following reason: Commercial Developments greater than 5 acres are required to retain fifteen percent (15 %) of the existing native vegetation on-site set aside as preserve areas with permanent conservation easements prohibiting further development. Selection of preservation areas must be consistent with the criteria listed in Policy 6.1.1. No preservation areas have been designated for this site. Furthermore, the applicant is unwilling to protect the required preserve areas with a permanent conservation easement. Habitat management and exotic vegetation removal/maintenance plans are required at the time of Site Development Plan/Construction Plan submittal. The applicant has agreed to supply these at the time of Site Development Plan submittal. The requirement for an Environmental Impact Statement (EIS) pursuant to Policy 6.1.8 has been satisfied. Jurisdictional wetlands have been identified as required in Policies 6.2.1 and 6.2.2. The County shall require appropriate agency permits prior to the issuance of a final local development order permitting site improvements (Site Development Plan). As required by Policy 6.2.3, areas included in the Big Cypress Preserve Area of Critical State Concern Overlay, site alteration shall be limited to 10% of the total site size, and installation of non-permeable surfaces shall not exceed 50% of any such area. Of the 142.21 acres total Conditional Use area, previous impacts to the site include the tram road, canals and filled areas near S.R.41. This area totals 14.22 acres. No greater area of impact is proposed. No additional fill is proposed. The applicant proposes impervious surfaces on 0.19 acres or 1.3% of the area of impact. Impacts are 10% of the project site and therefore, this Conditional Use is consistent with the ACSC requirements. A wildlife survey for listed species in accordance with Policy 7.1.2 is included in the Environmental Impact Statement(EIS). Wildlife habitat management plans for listed species are required at the time of Site Development Plan/Construction Plan submittal. EAC Meeting Page 8 of 12 VI. MAJOR ISSUES: Stormwater Management: This project is so small that the water quality concerns are easily handled on-site and it is located in such a remote area that water quantity concerns as related to neighboring properties are not an issue. Site Description: Less than 1% of the leased area is uplands, all of which is previously disturbed. The uplands have been cleared and filled to create a road for access to the transfer station located in the outparcel. The remainder of the lease area is primarily natural freshwater and saw grass marshes. Approximately 40 acres consists of mangrove swamp and manmade canals. Portions of this area have previously been farmed for row crops and subsequently silviculture. A FLUCFCS map detailing land use is contained as Exhibit 3 in the EIS. The Natural Resources Conservation Service (NRCS) soil map for the area identifies 8 soil types within the boundaries of the leased area. All of the soil types on site are hydric soils except for the Urban land-Boca complex shown in the canal and fill area. A soil map is included as Exhibit 4 of the EIS. Wetlands: According to the EIS, a total of 1070 acres of SFWMD jurisdictional wetlands are on the leased site. Approximately 140 of the 142.21 acre Conditional Use area are wetlands. The applicant proposes minimal impacts to the wetlands. No fill is to be added to the tram route and only removal of exotic vegetation and pruning for safe passage of the pontoon boats is proposed in the mangrove area. A maintenance plan for the mangrove area will be required as part of the SDP and all State approvals/permits will be required prior to SDP approval. Mangrove trimming permits shall be obtained prior to work on site. As part of the SDP review, staff will consult with SFWMD and U.S. Army Corps of Engineers to determine if any permits will be required for driving the buses on the tram road. Any required agency permits shall be submitted to County staff for review and approval prior to SDP approval. EAC Meeting Page 9 of 12 Preservation Requirements: Policy 6.1.1 of the Conservation and Coastal Management Element of the Growth Management Plan requires fifteen percent (15 %) of the existing native vegetation on-site to be retained and set aside as preserve areas with permanent conservation easements prohibiting further development. Approximately 127.99 acres of the Conditional Use area qualify as native vegetation. Therefore a minimum of 19.2 acres of retained native vegetation should be set aside as preserve area and protected by a permanent conservation easement as required by this policy. The applicant did not identify this area and has not agreed to protect required preserves by a permanent conservation easement. Listed Species: This project area lies within Primary and Secondary Florida Panther zones. The United States Fish and Wildlife Service (FWS) has provided recommendations in a letter of technical assistance dated November 1, 2004. In order to minimize adverse effects and impacts to the panthers and their habitat, offsite preservation and enhancement of panther habitat may be required. Any required mitigation will be addressed prior to SDP approval. The FWS has determined that this project site lies within an 18.6-mile core foraging area around a known wood stork colony. The FWS recommends that no human activity should occur within 300 to 750 feet of foraging and roosting habitats. This site is outside the boundary of all colonies and both the primary and secondary zones. FWS recommends wetland impacts be minimized. Staff has determined that wetland impacts have been minimized as proposed by the applicant. A complete list of protected species observed on site is included in Appendix A, Table 4 VII. RECOMMENDATIONS: Engineering: All applicable permits must be obtained from State and Federal agencies prior to SDP approval. EAC Meeting Page 10 of 12 Environmental: Environmental staff recommends denial of Conditional Use No. CU-2003-AR- 4647 "Jan's Trams CU" and Special Treatment Permit No. ST-2003-AR-5993. This recommendation is based on the following GMP criteria: The requirement of designating native vegetation retention areas and protecting those preserve areas with a permanent conservation easement to prohibit further development has not been fulfilled. The applicant has not designated required preserve areas and has not agreed to protect the areas with a permanent conservation easement. If the applicant agrees at this hearing to designate appropriate preserve areas and to protect the preserve areas with permanent conservation easements, staff would recommend approval of this Conditional Use and Special Treatment permit with the following stipulations: 1. This Conditional Use and ST Permit shall be consistent with the environmental sections of the Collier County Growth Management Plan �-. Conservation and Coastal Management Element and the Collier County Land Development Code at the time of final SDP approval. 2. An exotic vegetation removal, monitoring and maintenance plan for the site shall be submitted to Environmental Services staff for review and approval prior to SDP approval. 3. Upon submittal of the SDP petition, copies will be sent to the USFWS and FFWCC for their review and comment. They will be allowed 30 days to submit their letters of technical assistance to staff. Staff will use applicable stipulations from these agencies, in their review and approval of the Site Development Plan for this project. 4. Wetland permitting as required by State and Federal agencies shall be required prior to SDP approval. 5. Any pruning of mangroves on site shall comply with the Florida Department of Environmental Protection's requirements. 6. The ST permit is subject to a forty-five (45) day appeal period by the Florida Department of Community Affairs. EAC Meeting Page 11 of 12 PREPARED BY: STAN CHRZAN! SKI, P.E. DATE ENGINEERING REVIEW MANAGER ENGINEERING SERVICES DEPARTMENT SUS N MASON DATE S NIOR ENVIRONMENTAL SPECIALIST ENVIRONMENTAL SERVICES DEPARTMENT 1l � ' ,�1 OlZ2105 HEID K. WILL A S DATE PRINCIPAL PLANNER DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW EAC Meeting Page 12 of 12 REVIEWED BY: /3a Dec d -4-1-,4--.- s--22-65- BARBARA S. BURGESONd DATE PRINCIPAL ENVIRONMENTAL SPECIALIST i a / 11 - a , , ! ov Z3 -o5 0ILLIAM D. L 0 RENZ:Jr., P.E. DATE ENVIRONMENTAL SERVICES DEPARTMENT DIRECTOR -- 411-)01-___ USAN MURRAY, AICP �' DATE DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW a V. / - STE VEN GRIFFIN DA E ASSISTANT COUNTY ATTOY OFFICE OF THE COLLIER COUNTY ATTORNEY APPROVED BY: A ..1*Mim6-,-,.- 4, E(2"3/°5- •.EPH K. SCHMITT DATE IMMUNITY DEVELOPMENT &ENVIRONMENTAL SERVICES • ID MINISTRATOR ipCOASTALCECI Group Services ENGINEERING Civil Engineering CONSULTANTSPlanning Services Survey&Mapping INCCoastal Engineering Real Estate Services A CECI GROUP COMPANY Website:www.coastalengineering.com August 19, 2005 Ms. Susan Mason Environmental Specialist Collier County Government Environmental Service Department 2800 N. Horseshoe Drive Naples, FL 34104 RE: CU-2003-AR-4647 Sandbillies Conditional Use Petition—EAC Information Packet CEC File No.: 02.240 Dear Ms. Mason: Please find attached 13 copies of the EIS, ST application, CU applications and all exhibits including the site plans and aerials you have requested for the EAC members. I have also included a letter of explanation for the area calculations and one set of 24 x 36 site plans. Should you need any further information, please do not hesitate to ask. Sincerely, COASTAGIIN 1NT, CONSULTANTS, INC. J L Robert A. Andrea Planning Consultant cc: file Attachments—As noted RECEIVED AUG 9 2005 r1 I:\DATA\2002\02240\corresp\02240SusanMasonEACPacketSubmittalLtr20050819.doc 3106 S. Horseshoe Drive, Naples, Florida 34104-6137 • Phone (239) 643-2324 Fax (239) 643-1143 • E-Mail: engcollier@cecifl.com ipCOASTALCECI Group Services ENGINEERING Civil Engineering CONSULTANTSPlanning Services Survey&Mapping INCCoastal Engineering Real Estate Services A CECI GROUP COMPANY Website:www.coastalengineering.com August 16, 2005 Ms. Susan Mason Environmental Specialist Collier County Government Environmental Service Department 2800 N. Horseshoe Drive Naples, FL 34104 RE: CU-2003-AR-4647 Sandbillies Conditional Use Petition — Area Calculations for Recreational/Eco tour Project CEC File No.: 02.240 Dear Ms. Mason: The total project area calculations were based on the limited survey and scale rectified aerial through an AutoCAD program. I have attached a sketch which depicts the areas of calculation. The existing logging trail (tram route) is based on a twenty foot width. This road will not be altered from its present state. The existing mangrove area was calculated from its existing natural boundaries. The boat route area of travel is depicted on the site plans as blue hatching. The remaining area of mangroves will not be traveled or disturbed. We will provide a mangrove maintenance plan at time of SDP to insure proper maintenance of this area. Should you need any further information, please do not hesitate to ask. Sincerely, COAS ENGIN RIN . CONSULTANTS, INC. ''iAgr Robert A. Andrea Planning Consultant cc: file Attachments—As noted I:\DATA\2002\02240\corresp\02240SusanMasonCalculationNarritiveLtr20050816.doc 3106 S. Horseshoe Drive, Naples, Florida 34104-6137 • Phone(239)643-2324 Fax(239) 643-1143 • E-Mail: engcollier@cecifl.com SERVING FLORIDA SINCE 1977' z O L 5 U h W O /''..., z O N ti C m O O Z Y a O 0 V N _ .- N N .- O y < PJ vO rc W • 00 0 y < . C• N CON Y a O 3 W 0 " < _ W 0 N 0le> < D: < O: W 0 0 < 1- C N W +I00 XZ 0 O n' U ix x~ ) ce 007 z I~ II, Z O 1-y a 0 0 nmv <O o Z 14 00 0 N '�► �UIII ,........, z ' _ z 44110411111 7 [moi F 41 J , cn m 4.1 IX5 w< * 1111111111111( O o �i+ WIZ, H M CO 0 ceo <0 ~ LLy oZ <W La M 0_'W ocup JN ainE E Z Z Z<W ova 0 O <0 WyW<., 01'-EMMP 11-0c! m W<W0.'C' I I O)w 0_ xmX0- 1 MMS p O VI =08 WidW <U WM01C� JW J<Z N N C i 50162 '-'OO o:T�g Ut W WX.O.W K W U •- 37, 32 3I W n n W W rr^^W O C VI— VI CI ZZ Zoy W Y �Q UO =o ...4„1- 0.L N.;-. <UJI-1 c � KW N< O QCDZW C 2E, oZDUV Z UwU�<( I-i 111 0 W tow O Q M Z SHEET OF FILE NO.: COASTAL CECI Group Services ENGINEERING Civil Engineering CONSULTANTS Planning Services Survey&!Viewing INC Coastal Engineering Real Esta Ye Services A CECI GROUP COMPANY Website:www.coastalengineering.coir August 16, 2005 Ms. Susan Mason Environmental Specialist Collier County Government Environmental Service Department 2800 N. Horseshoe Drive Naples, FL 34104 RE: CU-2003-AR-4647 Sandbillies Conditional Use Petition — Area Calculations for Recreational/Eco tour Project CEC File No.: 02.240 Dear Ms. Mason: II The total project area calculations were based on the limited survey and scale rectified aerial through an AutoCAD program. I have attached a sketch which depicts the areas of calculation. The existing logging trail (tram route) is based on a twenty foot width. This road will not be altered from its present state. The existing mangrove area was calculated from its existing natural boundaries. The boat route area of travel is depicted on the site plans as blue hatching. The remaining area of mangroves will not be traveled or disturbed. We will provide a mangrove maintenance plan at time of SDP to insure proper maintenance of this area. Should you need any further information,please do not hesitate to ask. Sincerely, COAS ENGIN RIN . CONSULTANTS,INC. Robert A. Andrea Planning Consultant cc: file Attachments—As noted I:\DATA\2002\02240\corresp\02240SusanMasonCalculationNarritiveLtr20050816.doc 3106 S. Horseshoe Drive, Naples, Florida 34104-6137 • Phone(239)643-2324 Fax (239) 643-1143 • E-Mail: engcollier@cecifl.com E. L U to 0 Z O N )- co W 1- O O z Z o)"o O v N _ .- [V In .- O N 6 Lo E Z U m U' I to a m N -.0 a o N N co o -J d W Z d 3 w w O 0 0 O O o N < C < w 0 a N w a w m I- d' I- w 'H00 >CZ O 5 in N 0< z 0 0 X — H MZ <0O J H > 0 0 N W. Q 0 m 0 14 O �►► /�0 a 1 Z r� � � z 0 N W P ~W J m El 0< /, ►1 II;# � � ti O 0 a: H la Y )--I 0 0 l''' Jy txO Q 0- PLI O H = Qi OZ _U F W La M QC90-10 OM IX W ZZZ<w NYO O a0 -IE DP N'U U O_' w<w CtIX I 10)w. w M O_ z zD_ M=0 _ au) av` o < m°z+fzZ •cowl, wy) 0)01C ...10.1-1.(Z N N C= U OQwJ� W X+O) N0< 01`0 p La X 0_ 3`0 32 3 1 w 1 m w OP- ii 0 ZZ o)^ k crct C1� 0 �\ JWJ .-c Wv Hwy R� zM Z v < <CDZ •i)c CI = OZOVnt16 owo I ?o __ 0 _ �L W J ea_ ...<< M Z SHEET OF FILE NO.: LDC Amendment Request ORIGIN: BCC Directed AUTHOR: Marjorie M. Student-Stirling DEPARTMENT: County Attorney's Office AMENDMENT CYCLE#OR DATE: Cycle 2, 2005 LDC PAGE: LDC9:11 LDC SECTION: 9.04.02 LDC SUPPLEMENT#: Supplement 1 CHANGE: Establishing a variance to allow some removal of/impacts to protected mangrove stands in Plantation Island Subdivision Units One Two and Three to allow limited development pursuant to Agreement {§ 380..032(3)} between the BCC and the Florida Department of Community Affairs. REASON: To avoid a takings claim. FISCAL & OPERATIONAL IMPACTS: None RELATED CODES OR REGULATIONS: Section 9.04.00 GROWTH MANAGEMENT PLAN IMPACT: None OTHER NOTES/VERSION DATE: June 15, 2005 Amend the LDC as follows: 9.04.02 Types of Variances Authorized A variance is authorized for any dimensional development standard, including the following: height, area and size of structure; height of fence; size of yards and open space; dimensional aspects of landscaping and buffering requirements; size, height, maximum number of and minimum setback for signs; minimum requirements for off- street parking facilities; and for site alterations, regardless of predevelopment vegetation, on lots within the Plantation Island Unit One, Plantation Island Unit Two and Plantation Island Unit Three Subdivision(unrecorded.) * * * * * * * * * B. Variances for site alterations, regardless of predevelopment vegetation, on lots within the Plantation Island Unit One, Unit Two and Unit Three subdivisions (unrecorded). 1. Pursuant to the 380.032(3) Agreement between the Board of County Commissioners and the Department of Community Affairs dated April 26, 2005, regarding Plantation Island Subdivision within the Big Cypress Area of Critical State Concern, a variance from the requirement of Subsection 4.02.14.c.4 of the Land Development Code shall be authorized for site alterations, including dredging and filling, of up to 2,500 square feet, regardless of predevelopment vegetation, on a group of adjacent lots under common ownership, including on a single lot if only one lot is owned, within Units One, Two and Three of the Plantation Island Subdivision (unrecorded) located in Section 29, Township 53 South, Range 29 East, in Collier County, Florida utilizing the procedure as set forth in Section 9.04.03 of the Land Development Code and where the proposed development is designed consistent with Big Cypress Critical Area regulations to have a minimum adverse impact on the critical area's water storage capacity, surface water and estuarine fisheries as authorized by Rule 28-25.011, Florida Administrative Code. Print Map Page 1 of 1 -, Plantation Islands Y , S �A+9 _ I _ :;:7:::, . 1.. ' ..74- , 14 ,,.. . 4 , P. � t i . i ..r • M1ro — c.. 4. k 3 . '°" iso w., - ill F ' , ,f. e 0 i 0 ©2004.Collier County Property Appraiser.While the Collier County Property Appraiser is committed to providing the most accurate and up-to-date information,nc for the data herein,its use,or its interpretation. �\ http://maps.collierappraiser.com/webmap/mapprint.aspx?title=Plantation%20lslands&orie... 8/18/2005