EAC Agenda 11/02/2005 ENVIRONMENTAL ADVISORY COUNCIL
AGENDA
November 2, 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 October 5, 2005 Meeting minutes
V. Environmental Advisory Council Absences
VI. Land Use Petitions
A. Rezone no. RZ-2005-AR-7276
"Briana Breeze Subdivision"
Section 4,Township 51, Range 26
B. Conditional Use no. CU-2005-AR-7749
"Living Word Family Church"
Section 30,Township 48S, Range 27E
C. Site Development Plan No. SDP-2003-AR-4620- Continued from October 5 Meeting
"41 T Corporation Industrial Facility"
Section 10,Township 48 South, Range 25 East
D. Planned Unit Development No. PUDZ-A-2004-AR-6417
"I-75/Alligator Alley PUD"
Section 34,Township 49 South, Range 26 East
VII. Old Business
A. Update members on projects
VIII. New Business
A. Outstanding Advisory Council Member Nominations
IX. Council Member Comments
X. Public Comments
Xl. Adjournment
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Council Members: Please notify the Environmental Services Department Administrative Assistant
no later than 5:00 p.m. on October 28, 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.
Item V.A.
ENVIRONMENTAL ADVISORY COUNCIL
STAFF REPORT
MEETING OF November 2,2005
I. NAME OF PETITIONER/PROJECT:
Petition No.: Rezone RZ-2005-AR-7276
Petition Name: Briana Breeze Subdivision
Applicant/Developer: Mario Curiale
Engineering Consultant: Gulfshore Engineering, Inc.
Environmental Consultant: Turrell &Associates, Inc. (Agent)
II. LOCATION:
The property is located at 255 Price Street, in Section 4, Township 51 South,
Range 26 East, Collier County, Florida.
III. DESCRIPTION OF SURROUNDING PROPERTIES:
ZONING DESCRIPTION
N- Mobile Home Tall Oaks Mobile Home Park
S - Rural Agricultural Price Street, then a 2.27±-acre tract that is
developed with a single-family home, and a
4.93±-acre undeveloped tract.
E - Rural Agricultural A 4.88±-acre tract that is developed with a
single-family home
W- Rural Agricultural Two 1.2±-acre tracts that are developed
with single-family homes
IV. PROJECT DESCRIPTION:
The petitioner is requesting a rezone from the Agricultural (A) zoning district to
the Residential Single-Family [RSF-4(3)] zoning district. The petitioner is
seeking this rezoning to allow development of a maximum of 15 single-family
residential dwelling units to be developed on the subject 7.36 acres, which
EAC Meeting 11/2/05 Briana Breeze Subdivision
Page2of8
equates to a density of 2.1 dwelling units per acre. The purpose and intent of the
residential single-family districts (RSF) is to provide lands primarily for single-
family residences. These districts are intended to be single-family residential
areas of low density. The nature of the use is the same in all of these districts.
Variation among the RSF-1, RSF-2, RSF-3, RSF-4, RSF-5, and RSF-6 districts
is in requirements for density, lot area, lot width, yards, height, floor area, lot
coverage, parking, landscaping, and signs. Certain structures and uses designed
to serve the immediate needs of the single-family residential development in the
RSF districts, such as governmental, educational, religious, and non-commercial
recreational uses, are permitted as conditional uses as long as they preserve, and
are compatible with, the single-family residential character of the RSF
district[s]. The RSF districts correspond to and implement the urban mixed use
land use designation on the future land use map of the Collier County GMP. The
maximum density permissible in the residential-single-RSF districts and the
urban mixed use land use designation shall be guided, in part, by the density
rating system contained in the future land use element of the Collier County
GMP. The petitioner in this case is seeking a rezoning to RSF-4(3), which
means he wishes to utilize the property development regulations for the RSF-4
zoning district, allowing for smaller individual lots, but has agreed not to exceed
a density of three units per acre.
V. GROWTH MANAGEMENT PLAN CONSISTENCY:
Future Land Use Element:
The subject property is designated Urban (Urban — Mixed Use District, Urban
Coastal Fringe Subdistrict), on the Future Land Use Map and Element (FLUM
and FLUE) of the Collier County Growth Management Plan (GMP). This
Subdistrict permits residential development (variety of unit types) at a base
density of four residential units per gross acre. However, this applicant's property
is also within the County's Traffic Congestion Area, an area identified as subject
to long-range traffic congestion. The GMP Density Rating System requires
projects so located to reduce the density of the project by one dwelling unit per
gross acre (DU/A). Therefore, the maximum allowable density will be 3 DU/A
which translates to a maximum of 22 dwelling units on the 7.36± acre subject
property as demonstrated below:
Base Density 4 DU/A
Traffic Congestion Area - 1 DU/A
Total Eligible Density 3 DU/A x 7.36 acres=22 (21.87) DU
The petitioner has agreed to limit the density of this project to a maximum of 15
total single family dwelling units, therefore the petition is consistent with the
FLUE and the FLUM of the GMP.
EAC Meeting 11/2/05 Briana Breeze Subdivision
Page 3 of 8
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 storm water runoff, storm water 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 runoff leaving the site by utilizing a
lake and interconnected wetlands to provide water quality retention and peak flow
attenuation during and after storm events.
Objective 6.1.1 requires a Residential development greater than 2.5 acres in the
Coastal High Hazard Area to preserve 25%of the native vegetation on-site.
"The site is 7.36 acres in size, though it currently contains approximately 3.99
acres of native habitat due to past clearing activities by a previous owner. Since
the past clearing was illegal, the entire site has been used for native vegetation
requirements. Post-development, the project will retain/enhance 1.20 acres (16%
of the site) and restore/create 0.66 acres of native vegetation, which equates to a
25% (1.86 ac) native vegetation preservation/creation. This meets the
requirements outlined in the GMP and LDC The majority of this preserve, 1.2
acres, is located within the hydric pine community; the remainder of the preserve
will be restored to that habitat type or created.
There are no adjacent preserves or off-site connectivity to the project site. The
site has been hydrated from the drainage swale located at the front of the
property as well as from the elevated water table during the rainy season.
Locating the preserve at the front of the property maintains this hydrologic
connection. This preserve location also provides the shortest and least blocked
route for transient animals traveling to or from forested areas further to the east
and west. Exotic vegetation will be removed from the site. Reference the enclosed
site plan for a visual representation of the habitat retained on the site."
Policy 6.1.4 states, "Prohibited invasive exotic vegetation shall be removed from
all new developments." The applicant states in the EIS, "Exotics will be removed
from the site. All preserve areas will be maintained exotic free in perpetuity. "
EAC Meeting 11/2/05 Briana Breeze Subdivision
Page4of8
Policy 6.2.2 states, "Wetlands shall be defined pursuant to Section 373.019
Florida Statutes." The applicant has provided a wetland line that was drawn up
and signed by DEP on July 2, 2001.
Policy 6.2.3 states, "Collier County shall implement a comprehensive process to
ensure wetlands and the natural functions of wetlands are protected and
conserved." The applicant has expressed that they will apply for the State and
Federal permits after the anticipated approval of the Rezone.
Objective 7.1 states, the County shall direct incompatible land uses away from
listed animal species and their habitats." The applicant found no listed species are
known to inhabit this site.
Objective 11.1 protects historic and archaeological resources in Collier County.
The applicant states, "According the Florida Master Site File, no known historic
or archaeological resources are present on or near the site. Please reference
Exhibit 3, archaeological information. "
Policy 11.1.3 states, "If, during the course of site clearing, excavation, or other
constructional activities, an archaeological or historical site, artifact, or other
indicator is discovered, development activities at that specific archaeological site
shall be immediately stopped and the appropriate agency notified. Development
will be suspended for a sufficient length of time to enable the County or a
designated consultant to assess the find and determine the proper course of action
in regard to its salvage ability. The County will respond to any such notification
in a timely an efficient manner so as to provide only a minimal interruption to any
constructional activity. The applicant will comply with this policy during
construction.
VI. MAJOR ISSUES:
Stormwater Management:
This project sits in an area that the Collier County Drainage Atlas refers to as
"Miscellaneous Coastal Basins" because the basin boundaries are so ill defined
due to the flat topography. The water management system consists of one lake
that will probably sheet flow across a wetland preserve and into the Price Street
swale. The lake and preserve will provide for water quality retention and peak
flow attenuation. Because of the presence of wetlands, the project must receive its
water management permit from the SFWMD.
EAC Meeting 11/2/05 Briana Breeze Subdivision
Page 5 of 8
Environmental:
Site Description:
Jurisdictional on-site wetlands consist of 2.94 acres of hydric pine flatwoods with
Brazilian pepper and .97 acres of disturbed land. The upland vegetative
communities include 1.05 acres of pine flatwoods and 2.4 acres of disturbed land.
Wetlands:
Jurisdictional on-site wetlands(approximately 3.91 acres within the property
boundary) consist of hydric pine flatwoods with Brazilian pepper and disturbed
land. Of the existing wetlands, approximately 0.82 acres of disturbed wetland and
1.74 acres of exotic-invaded pine flatwoods will be impacted. A total of
approximately 2.56 acres (65%) of existing onsite wetlands will be impacted by
the proposed project. The applicant is proposing to preserve 1.35 acres (35%) of
the existing wetlands onsite,with 1.2 acres preserved/enhanced, 0.15 acres
restored, and an additional 0.51 acres of wetland created. Development is focused
on the northern portion of the property where the uplands are located. Existing
wetland functions have been impacted by the surrounding development. Any
functions impacted by the project itself will be mitigated through the ERP
process.
At this time, the property owner plans to purchase mitigation credits from an
approved mitigation bank to fully compensate for any wetland impacts associated
with this project. A preliminary UMAM assessment indicates that the applicant
may need to provide approximately 0.88 credits. Details regarding the exact
number of credits and bank location will be finalized during the Environmental
Resource Permitting process.
Preservation Requirements:
The site is 7.36 acres in size,though it currently contains approximately 3.99
acres of native habitat due to past clearing activities by a previous owner. Since
the past clearing was illegal, the entire site has been used for native vegetation
requirements. Post-development, the project will retain/enhance 1.20 acres (16%
of the site) and restore/create 0.66 acres (9%of the site)of native vegetation,
which equates to a total of 25% (1.86 ac)native vegetation preservation/creation.
This meets the requirements outlined in the GMP and LDC. Exotic vegetation
will also be removed from the site.
Collier County staff is agreeable to approving the Preserve selection before we
have the UMAM scores because the area proposed is in accordance with the
Preserve selection criteria independent of the UMAM scores.
EAC Meeting 11/2/05 Briana Breeze Subdivision
Page 6 of 8
Listed Species:
No listed species were found on site.
VII. RECOMMENDATIONS:
Staff recommends approval of Briana Breeze Subdivision Rezone with the
following stipulations:
Stormwater Management:
1. A surface water management permit must be obtained from SFWMD prior
to approval of any site plans.
Environmental:
1. After UMAM scores are accepted by SFWMD, if there are wetlands
with greater than a .7 UMAM score, the location of the preserve areas will
need to be re-evaluated.
n
EAC Meeting 11/2/05 Briana Breeze Subdivision
Page 7 of 8
PREPARED BY:
STAN CHRZANOWKI, P.E. DATE
ENGINEERING REVIEW MANAGER
ENGINEERING SERVICES DEPARTMENT
-(4°):1intO Vt. a/Zice Ocl 0_5
SUMMER ARAQUE DATE
ENVIRONMENTAL SPECIALIST
ENVIRONMENTAL SERVICES DEPARTMENT
I -4(5Kr (6 /05-
KAY II ESELE , A.I.C.P. DA E
PRINCIPAL PLANNER
DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW
EAC Meeting 11/2/05 Briana Breeze Subdivision
Page 8 of 8
REVIEWED BY:
/3"thgA o_ 1O l3-os"
BARBARA S. BURGESON DATE
PRINCIPAL ENVIRONMENTAL SPECIALIST
ENVIRONMENTAL SERVICES DEPARTMENT
W 1 LIAM D. Lire RENZ, Jr., P.E. DATE
ENVIRONMENTAL SERVICES DEPARTMENT DIRECTOR
t•-• \CAVO,,<*
STEVEN D. GRIFFIN `, DATE
ASSISTANT COUNTY ATTORNEY
OFFICE OF THE COLLIER COUNTY ATTORNEY
APPROVED BY:
All
di
O:EPH K. SCHMITT A
C IMMUNITY DEVELOPMENT &ENVIRONMENTAL SERVICES
P MINISTRATOR
A.
Item V. B
ENVIRONMENTAL ADVISORY COUNCIL
STAFF REPORT
MEETING OF November 2, 2005
I. NAME OF PETITIONER/PROJECT:
Petition No.: CU-2005-AR-7749
Petition Name: Living Word Family Church
Applicant/Developer: Living Word Family Church
Engineering Consultant: Johnson Engineering, Inc.
Environmental Consultant: Johnson Engineering, Inc.
II. LOCATION:
The subject property is located approximately 1 Y2 miles east of C.R. 951, on the south
side of Immokalee Road. The 18.1± acre site is located in Section 30, Township 48
South, Range 27 East, Collier County, Florida.
III. DESCRIPTION OF SURROUNDING PROPERTIES:
The proposed project site is currently vacant, and is mostly surrounded by undeveloped
land. Small-scale agricultural uses, including a landscape company, are located in the
general vicinity of the subject property. Single-family homes and another church are also
nearby. The Heritage Bay DRI is located north of the site and will be developed with
residential/golf-course communities.
ZONING DESCRIPTION
North: PUD Future residential/golf course
East: A-MHO Undeveloped land
South: A-MHO Undeveloped land
West: A-MHO Undeveloped land, Landscape Company
IV. PROJECT DESCRIPTION:
The proposed Conditional Use petition seeks to allow a religious facility to be operated
on the subject site. The conceptual site plan shows a sanctuary building, an educational
building, parking, preserve and water management areas. No conditions of approval have
been placed on the applicant at this time.
EAC Meeting
Page 2 of 7
� I
V. GROWTH MANAGEMENT PLAN CONSISTENCY:
Future Land Use Element(FLUE):
The subject property is designated Agricultural/Rural — Rural Fringe Mixed Use District,
Receiving Lands, as identified on the Future Land Use Map of the Growth Management Plan.
The RFMUD provides a transition between the Urban and Estates designated lands and between
the Urban and Agricultural/Rural and Conservation designated lands farther to the east. A
mixture of urban and rural level of services for residents within the District is allowed. RFMUD
lands designated as Receiving Lands are the most appropriate for development and to where
residential development units may be transferred from areas designated as Sending Lands. The
RFMUD allows for community facilities on Receiving Lands, including places of worship.
Additionally, the Collier County Land Development Code indicates that places of worship are
allowed in the RFMUD Receiving Lands by conditional use.
In an effort to support the Community Character Plan for Collier County, the Future Land Use
Element was amended to include Objective 7. Policy 7.1 "encourages developers and property
owners to connect their properties to fronting collector and arterial roads." The Living Word
Family Church conceptual site plan demonstrates consistency with this policy by proposing
access via Immokalee Road. Policy 7.3 encourages "all new and existing developments to
connect their local streets and their interconnection points with adjoining neighborhoods or other
developments regardless of land use type." The subject property is bordered to the west and east
by undeveloped parcels and single-family homes; to the south, by a single-family home; and to
the north, by Immokalee Road. Interconnection points with these privately held parcels might
not be practicable.
FLUE Policy 5.4 requires that all new developments be compatible with and complimentary to
the surrounding land uses. Comprehensive Planning leaves this determination to the Zoning &
Land Development Review staff as part of their review of the petition in its totality.
Based upon the above analysis, staff concludes the proposed conditional use may be deemed
consistent with the Future Land Use Element.
Conservation & Coastal Management Element:
Policy 6.1.1 and 6.1.2 Forty percent preservation of native vegetation, not to exceed 25 percent
of the site will be accomplished on site.
EAC Meeting
Page 3 of 7
Policy 6.1.4 All invasive exotic vegetation will be removed from the project site during the
development process. The site will be maintained for invasive exotic species in accordance with
permit conditions in perpetuity.
Policy 6.1.7 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. Existing native vegetation shall be retained in
landscape buffer areas.
Policy 6.2.1 The wetland jurisdictional determination has not been verified by SFWMD staff at
this time, and will be verified during the ERP process. Because of past hydrologic alterations
adjacent to the site, it is anticipated the site has experienced a reduced hydro period. Digital
piezometers have been installed to record current hydrologic data. This data will play a vital role
in the ultimate wetland jurisdictional determination process with SFWMD staff.
Policy 6.2.3 The proposed project will preserve approximately 36% of wetlands located onsite.
A total of 5.40 acres of wetlands shall be maintained within conservation easements pursuant to
USACOE standards.
Policy 6.2.5 The project will be reviewed by SFWMD and USACOE for impacts to wetlands
during the ERP process.
Policy 6.2.6 The conceptual site plan identifies the preservation areas that will be subject to
conservation easements. USACOE standards will be applied to the conservation easements. Uses
that are harmful to drainage, flood control, water conservation, erosion control, or fish and wildlife
conservation will be prohibited in preserve areas.
VI. MAJOR ISSUES:
Stormwater Management:
This project sits within the Cypress Canal Basin and, as such, has an allowable discharge
rate of 0.15 cfs per acre. The water management system consists of two interconnected
lakes, each of which has a discharge to the west toward a common flow way that
eventually flows to the Southwest. The lakes provide water quality retention and peak
flow attenuation.
Environmental:
Site Description:
"Land use and vegetation types mapped within the project area include 0.19 acres (1.3%) of
an agricultural/nursery facility (FLUCFCS 200), 0.08 acres (0.44%) of palmetto prairie
(FLUCFCS 321), 1.72 acres (9.36%) of cabbage palm (FLUCFCS 428), 2.15 acres (11.70%)
EAC Meeting
Page 4 of 7
of disturbed cypress (FLUCFCS 6219 E3), 13.96 acres (76.00%) of cabbage palm with
scattered cypress (FLUCFCS 6249), 0.03 acres (0.16%) of disturbed land (FLUCFCS 740),
and 0.24 acres (1.31%) of disturbed land with hydric characteristics (FLUCFCS 7401).
Portions of the site have been disturbed, as evidenced by the encroachment of exotic plant
species, such as Brazilian pepper (Schinus terebinthifolius). As a result, the quality of the
habitats varies according to the degree of exotic coverage, as well as proximity to adjacent
disturbed lands and roads.
Wetlands:
"Preliminary indications are that the majority of the Living Word Family Church site is
composed of wetland communities, totaling 16.35 acres (89%) of the site. Final wetland
jurisdictional determinations have not been verified by the U.S. Army Corps of Engineers or
South Florida Water Management District, and will be addressed as part of the
Environmental Resource Permit process. However, the potential wetlands onsite appear to
be experiencing a reduced hydro period, likely as a result of altered sheet flow and draw-
down effect from the Immokalee Road ditch located north of the site. Two (2) digital
piezometers have been installed onsite to collect ground water data and help determine the
limits of State and Federal wetland jurisdictional limits.
Wetland FLUCFCS communities within the site include FLUCFCS Codes 6219 E3
(disturbed cypress) totaling 2.15 acres, FLUCFCS 6249 (cabbage palm with scattered
cypress) totaling 13.96 acres, and FLUCFCS 7401 (disturbed land, hydric) totaling 0.24
acres. The largest community found on the site is FLUCFCS 6249, totaling 13.96 acres of
the site. FLUCFCS 6219 E3 has been degraded by Brazilian pepper, averaging 50-75%
mean coverage.
Subject to agency verification the Living Word Church Site contains 16.35± acres of
SFWMD/Collier County jurisdictional wetlands. Approximately 10.95 acres (67%) of the
16.35 acres of onsite wetlands are proposed to be impacted. A preliminary mitigation
analysis using the uniform mitigation assessment method (UMAM) to determine credit for
on-site mitigation is attached as Exhibit L. Preliminary estimates show that there will be a
functional loss of credits on-site. Please note that this is only a preliminary estimate and that
final approval will still be required from the SFWMD. Credits will be purchased at an agency
approved regional mitigation bank as needed. Once the credits are purchased from the agency
approved regional mitigation bank,the functional loss on-site will be off-set to retain no net loss
of wetlands."
Preservation Requirements:
"The property lies within the Rural Fringe Mixed Use-Receiving Lands designation of the
Collier County Future Land Use Map. Since the subject property is less than 20.0±acres,a
minimum of 40 percent of the native vegetation(not to exceed 25%of the total site)will be
preserved. The standard is in accordance with the vegetation preservation and retention
EAC Meeting
Page 5 of 7
standards for the community facility development and mixed use development. Minimum
Retained Native Vegetation Requirement
(Total Site Acreage X 25%) = 18.37 X 0.25 = 4.59. The applicant is providing a total of
6.90 acres for Preserve including 4.59 acres on the north end and 2.31 acres on the south
end. In accordance with the GMP and LDC, the minimum acreage of 4.59 will be
provided in the largest contiguous area(at the north end of the property).
The remaining 2.31 acres will consist of.19 acres of re-created preserve. The .19 acres is
currently a facility belonging to the adjacent property owners to the southeast of the
property. The adjacent land owners are aware of the encroachment of the facility onto this
site and will remove associated structures prior to development.
There are no known off-site preserves and therefore there are no connectivity issues.
Listed Species:
No listed species were found on site.
VII. RECOMMENDATIONS:
Staff recommends approval of Living Word Family Church Rezone with the following
stipulations:
Stormwater Management:
1. The project must obtain an environmental Resource Permit from the South Florida
Water Management District prior to issuance of any site plan approvals.
Environmental:
1. The project must obtain an environmental Resource Permit from the South Florida
Water Management District prior to issuance of any site plan approvals.
EAC Meeting
Page 6 of 7
PREPARED BY:
STAN CHRZANOWSKI, P.E. DATE
ENGINEERING REVIEW MANAGER
ENGINEERING SERVICES DEPARTMENT
S ER ARAQUU DATE
ENVIRONMENTAL SPECIALIST
ENVIRONMENTAL SERVICES DEPARTMENT
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HEIDI WILLIAMS, A.I. .P. D E
PRINCIPAL PLANNER
DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW
EAC Meeting
Page 7 of 7
REVIEWED BY:
L4AtL 1 AA
BARBARA S. BURGESO►j/ DATE
PRINCIPAL ENVIRONMENTAL SPECIALIST
ENVIRONMENTAL SERVICES DEPARTMENT
1
ln�l9-�S
WIL D. LO' NZ, Jr., P.E. DATE
ENVIRONMENTAL SERVICES DEPARTMENT DIRECTOR
STE EN D. GRIFFIN 1 DATE
ASSISTANT COUNTY ATTORNEY
OFFICE OF THE COLLIER COUNTY ATTORNEY
APPROVED BY:
•A �I1 /O /F/ r
JO:EPH K. S HMITT D TE
CI,MMUNITY DEVELOPMENT&ENVIRONMENTAL SERVICES ADMINISTRATOR
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Item V.D.
ENVIRONMENTAL ADVISORY COUNCIL
STAFF REPORT
MEETING OF NOVEMBER 2,2005
I. NAME OF PETITIONER/PROJECT:
Petition No.: Planned Unit Development
No. PUDZ-A-2004-AR-6417
Petition Name: I-75/Alligator Alley PUD
Applicant/Developer: Randall Benderson et al, Trustees and
Randall Benderson 1993-1 Trust
Engineering Consultant: Hole Montes, Inc.
Environmental Consultant: Passarella and Associates, Inc.
II. LOCATION:
The subject property is located on the north side of Davis Boulevard in the
southwest quadrant of the intersection of I-75 and Collier Boulevard in Section
34, Township 49 South, Range 26 East, Collier County, Florida.
III. DESCRIPTION OF SURROUNDING PROPERTIES:
Surrounding properties include both developed and undeveloped parcels, and
three major roadways.
ZONING DESCRIPTION
N - R.O.W. Interstate I-75
S - R.O.W. Davis Boulevard
E - R.O.W. Collier Boulevard
R.O.W. Interstate 1-75
C-4 Developed
W- PUD (East Gateway) Undeveloped
EAC Meeting
Page 2 of 9
IV. PROJECT DESCRIPTION:
The project contains 40.8 acres and approximately 11.4 acres is proposed for the
Preserve/water Management Area, with the balance of the property permitted for
commercial uses and miscellaneous open space areas. The subject property is
located in an area identified as Interchange Activity Center #9 in the Growth
Management Plan (GMP) for Collier County. The maximum allowable square
footage of gross leasable floor area is 265,000 square feet of retail or office area
excluding the existing motel approved for 107 units and any future motels.
Access will be provided from two access points on Davis Boulevard depicted on
the PUD Master Plan and an interconnection is proposed to the adjacent East
gateway PUD, a non-residential PUD.
V. GROWTH MANAGEMENT PLAN CONSISTENCY:
Future Land Use Element:
The subject property is designated Urban (Urban Commercial District,
Interchange Activity Center Subdistrict), as identified on the Future Land Use
Map of the Growth Management Plan. Relevant to this petition, the subject
property is within Interchange Activity Center #9, which allows the full array of
commercial uses; residential and non-residential uses; institutional uses; Business
Parks; hotel/motel uses at a density consistent with the Land Development Code—
shall be determined during the rezoning process; industrial uses in the northeast,
southwest and southeast quadrants.
Interchange Activity Center #9 is subject to the requirements of the Interchange
Master Plan (IMP). The IMP is intended to create an enhanced "gateway" to
Naples and all rezones shall meet the intent of the vision statement. In addition,
Activity Center #9 zoning overlay district was adopted in the Land Development
Code to ensure that the design of landscape, architecture, and signage will be
regulated and approved in accordance with the provision of the specific LDC
section.
The petitioner affirms in the statement of compliance that "Development of the I-
75 Alligator Alley PUD will be consistent with the Activity Center#9 Interchange
Master Plan."
The entire Interchange Activity Center is eligible for up to 100% of the entire
acreage to be developed for any of the uses referenced above, except the
maximum amount of commercial acreage shall not exceed 55% of the total
acreage (632.5) of Interchange Activity Center #9. A maximum of 347.88 total
EAC Meeting
Page 3 of 9
acres are eligible for commercial zoning, to date, 325.23 acres are presently zoned
commercial, therefore, 22.65 acres are eligible to be rezoned to commercial.
The petitioner is requesting 29.4 acres of the PUD to be designated for
commercial land uses, however, 25.8 acres are approved for commercial uses
under the existing I-75/Alligator Alley PUD, and therefore, only 3.6 acres have to
qualify under the Activity Center#9 criteria. Since 22.65 acres are still eligible for
rezoning in Activity Center #9, the proposed addition of 3.6 acres of commercial
land uses qualifies under Activity Center#9 criteria.
632.5 acres X 55% = 347.88 acres maximum eligible for commercial zoning
within Activity Center #9. 325.23 acres are presently zoned commercial leaving a
remainder of 22.65 acres eligible for rezoning to commercial (347.88 - 325.23 =
22.65).
In addition, the PUD requests 107 motel/hotel units. There are presently 107
existing motel units on the subject property that was approved at a density of 26
units per acre pursuant to Ordinance 89-82. Hotel/motel uses are allowed within
the Activity Centers at a density consistent with the Land Development Code
(LDC). Since the approval of the PUD, amendments to the LDC language for
determining density for hotel/motel uses was amended to delete the density of 26
units per acre and replace it with a Floor Area Ratio (FAR) of 0.60. If this FAR
does not provide for the existing approved density, then an interpretation of
Policies 5.1 and 5.9 could provide for the existing density to remain.
Pursuant to FLUE Policies 7.1, 7.2 & 7.3, access to the project has been provided
via two access points on Davis Boulevard, internal access has been provided to
neighboring commercial to help reduce vehicle congestion on nearby collector and
arterial roads and an interconnection is proposed to the adjacent East Gateway
PUD.
Based upon the above analysis, staff concludes the proposed uses and density for
the subject site can be deemed consistent with the Future Land Use Element and
the Activity Center#9 Interchange Master Plan.
Conservation & Coastal Management Element:
Objective 2.2 of the Conservation and Coastal Management Element of the
Growth Management Plan states "All canals, rivers, and flow ways discharging
into estuaries shall meet all applicable federal, state, or local water quality
standards".
To accomplish that, policy 2.2.2 states "In order to limit the specific and
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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 dry
retention/detention areas and interconnected wetlands to provide water quality
retention and peak flow attenuation during storm events.
In accordance with Policy 6.1.1, 15 % of the existing native vegetation shall be
retained/re-planted on-site and set aside as a preserve area with conservation
easements prohibiting further development. Preserve areas are interconnected to
adjoining off-site preserves.
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 by Policies 6.2.1 and
6.2.2. Pursuant to Policy 6.2.4, the County shall require appropriate agency
permits prior to the issuance of a final local development order permitting site
improvements (Site Development Plan/Construction Plans). 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.
Wildlife surveys and habitat management plans for listed species in accordance
with Policy 7.1.2 are included in the Environmental Impact Statement (EIS).
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Pursuant to Policy 7.1.4, all development shall comply with applicable federal and
state permitting requirements regarding listed species protection.
VI. MAJOR ISSUES:
Stormwater Management:
On 15 June 1989, the South Florida Water Management District issued surface
water management permit # 11-00556 to the 40.8acre project called I 75 —
Alligator Alley PUD. The permit calls for site discharge to be to the northwest
into a swale that goes north under I-75 and eventually into the Golden Gate Canal.
The permit has been modified since then for the different commercial projects
within the PUD. Any further modifications to the system would also require an
SFWMD permit modification.
Environmental:
Site Description:
The majority of the site has been previously altered and consists of a combination
of access roads, developed commercial parcels, fill pads, surface water
management systems and 12.70 acre wetland mitigation area. Commercial uses
currently found on-site include a 107 room hotel with manager's apartment, Taco
Bell and McDonalds. The main entrance road is an access loop road that
surrounds disturbed filled areas. A berm exists around the wetland mitigation area
at the north end of the project.
Wetlands:
South Florida Water Management District (SFWMD) permit No. 11-00556-S was
issued for the property on June 15, 1989. The permit identified 28.10 acres of
jurisdictional wetlands. The SFWMD mitigation plan required the creation of 3.00
acres of deep marsh surrounded by 9.70 acres of forested wetland and the
preservation of 0.75 acres of pine flatwoods adjacent to the wetland mitigation
area. The total SFWMD conservation area was 13.45 acres. In addition, the
mitigation plan required a 20 foot wide, 2.30 acres, landscape buffer/maintenance
easement planted with native herbaceous, shrub, and tree species to surround the
created wetland area.
Since issuance of applicable federal, state and local agency permits, the project
site was cleared and filled. The site currently supports 7.58 acres of Wetland
Mitigation Area, Forested (FLUCFCS Code 920); 5.12 acres of Wetland
Mitigation Area, Herbaceous (FLUCFCS Code 921); and 0.75 acre of Pine
Flatwoods (FLUCFCS Code 411).
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n
Previous on-site wetland mitigation efforts have proven to be unsuccessful. The
Wetland Mitigation Area, Forested (FLUCFCS Code 920) consists of dead slash
pine, cypress, Melaleuca and torpedo grass (Panicum repens). The Wetland
Mitigation Area, Herbaceous (FLUCFCS Code 921) is dominated by torpedo
grass and cattails (Typha sp.). The level of exotics found within the wetlands
range from 25 to 80 percent Melaleuca seedlings and torpedo grass. During initial
stages of planting, the organic top layer of soil was removed. This is an attributing
factor to the failure of the wetland plantings. Also, human disturbance by the use
of all terrain vehicles during the dry season has also contributed to the degradation
of the wetland mitigation area.
The construction of the project will result in wetland impacts to 7.28 acres of the
current on-site mitigation wetlands and 0.16 acre of Other Surface Waters. The
previously permitted wetland impacts (that were originally mitigated on-site) will
be mitigated off-site by purchasing credits at a wetland mitigation bank. It is
estimated that 17.28 forested and herbaceous wetland mitigation credits will need
to be purchased.
Preservation Requirements:
The project site was previously permitted with an on-site preserve area. Because
of this, the native vegetation requirement for the County is calculated based on the
entire acreage of the PUD. In accordance with the County Land Development
Code (LDC) and Growth Management Plan (GMP), fifteen percent (.15 x 40.79 =
6.12 acres) of the native vegetation is required to be retained on-site.
The PUD master plan identifies 6.12 acres of preserve. These include 5.42 acres
of mitigation wetlands and 0.70 acre of uplands. Wetland and upland
enhancement will include removal of exotic and nuisance vegetation, and
supplemental planting with native species. Restoration planting will be required to
be in accordance with the planting criteria identified in the LDC. Wetland
preserves will receive pretreated stormwater to maintain hydrology and provide
additional storage.
Listed Species:
A listed plant and wildlife species survey was conducted on June 29, 2004. No
listed species were identified on the property during the species survey or during
any other site visits. The proximity of listed species to the project site as recorded
by the Florida Fish and Wildlife Conservation Commission (FFWCC) is provided
as Exhibit 0 in the EIS.
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VII. RECOMMENDATIONS:
Staff recommends approval of Planned Unit Development No. PUDZ-A-2004-
AR-6417 "I-75/Alligator Alley PUD"with the following conditions:
Stormwater Management:
1. South Florida Water Management District surface water management
permit# 11-00556 must be modified as required.
Environmental:
1. Replace the language in section 4.11 of the PUD document with the
following condition.
Pursuant to Section 2.03.07.E of the Land Development Code if during the
course of site clearing, excavation or other construction activity an historic
or archaeological artifact is found, all development within the minimum
n area necessary to protect the discovery shall be immediately stopped and the
Collier County Code Enforcement Department contacted.
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PREPARED BY:
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STAN CHRZANOWSKI, P.E. DATE
ENGINEERING REVIEW MANAGER
ENGINEERING SERVICES DEPARTMENT
.,[117 )04/2 0°S
STEPHEN LENBERGER DATE
ENVIRONMENTAL SPECIALIST
ENVIRONMENTAL SERVICES DEPARTMENT
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DATE
PRINCIPAL PLA I ER
DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW
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REVIEWED BY:
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BARBARA S. BURGESON DATE
PRINCIPAL ENVIRONMENTAL SPECIALIST
ENVIRONMENTAL SERVICES DEPARTMENT
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Aii ii-s:HP4
IAM I. LIP' NZ, r., P.E., DIRECTOR, DATE
ENVIRONMENTAL SERVICES DEPARTMENT
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,ovi1 0711g/05'
STEVEN D. GRIFFIN I 1111 DATE
ASSISTANT COUNTY A I'ORNEY
OFFICE OF THE COLLIER COUNTY ATTORNEY
APPROVED BY:
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•SEPH
- 417
K. SCHMITT, • 'MINISTRATOR, DA E
OMMUNITY DEVELOPMENT &ENVIRONMENTAL SERVICES DIVISION