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EAC Agenda 12/07/2005 ENVIRONMENTAL ADVISORY COUNCIL AGENDA December 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 November 2, 2005 Meeting minutes V. Environmental Advisory Council Absences VI. Land Use Petitions A. Planned Unit Development no. PUDZ-2003-AR-4991 "Rockedge PUD" Section 23, Township 50S, Range 26E VII. Old Business A. Update members on projects VIII. New Business A. Outstanding Advisory Council Member Nominations IX Subcommittee Reports X. Council Member Comments XI. Public Comments XII. Adjournment ************************************************************************** ****************************** Council Members: Please notify the Environmental Services Department Administrative Assistant no later than 5:00 p.m. on December 2, 2005 if you cannot attend this meeting or if you have a conflict and will abstain from voting on a petition (403-2424 or cherirollins@a colliergov.net). General Public: Any person who decides to appeal a decision of this Board will need a record of the proceedings pertaining thereto; and therefore may need to ensure that a verbatim record of proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. November 2, 2005 TRANSCRIPT OF THE MEETING OF THE COLLIER COUNTY ENVIRONMENTAL ADVISORY COUNCIL Naples, Florida, November 2, 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 Judith Hushon Iry Kraut Erica Lynne Nick Penniman- Excused Michael V. Sorrell- Absent ALSO PRESENT: Susan Mason, Senior Environmental Specialist Steven Griffin, Assistant County Attorney Stan Chrzanowski, Planning Review I. Meeting was called to order at 9:04 AM. II. Roll Call r--� Roll call was taken with Nick Penniman being excused. A quorum was established. 1 November 2, 2005 III. Approval of Agenda Dr. Hushon moved to approve the agenda with the addition of"Marisol". Second by Dr. Lynne. Carried unanimously 6-0. IV. Approval of October 5, 2005 Meeting minutes Dr. Lynne noted on page 7 her point of implication was the need for peer reviewed scientific literature when Bald Eagle Plans are presented, not merely studies performed by government agencies that have been called into question. Dr. Hushon addressed page 2 section 4 that should have read "Dr. Hushon", along with page 4 that should have read"Wolf Creek PUD". The motion made on page 8 under"Sabal Bay"was discussed; it was concluded that the motion was complete as read but it will be looked into. Dr. Hushon moved to approve the October 5,2005 minutes with changes. Second by Mr. Dolan. Carried unanimously 6-0. 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 -All those testifying were sworn in by Mr. Griffin. -No disclosures addressed. Chris Thornton gave a presentation including the following points: • Introduced presenters. • Due to the location of the property the owner has agreed to limit the density of the project to 2.2 units per acre. • 25%preservation of native vegetation on site is required by the Comprehensive Plan. • The property had been illegally cleared by previous owner. • Demonstration of anticipated layout. • No listed species on site. Tim Hall addressed one of the picture maps showing 75% exotics being a mistake. 2 November 2, 2005 Ms. Mason noted the County ranking showing high quality wetlands taking priority over uplands; if they are low quality,the uplands would take precedence. Mr. Dolan moved to approve Rezone No. RZ-2005-AR-7276 "Briana Breeze Subdivision" Section 4,Township 51, Range 26 with staff recommendations. Second by Mr. Kraut. Carried unanimously 6-0. B. Conditional Use No. CU-2005-AR-7749 "Living Word Family Church" Section 30,Township 48S, Range 27E -All those testifying were sworn in by Mr. Griffin. -No disclosures addressed. Laura Herrero,Johnson Engineering gave a presentation including the following points: • Introduced presenters. • A conditional use is allowed. • Demonstration of area on map. • Water levels on site are lower than expected for the type of system. • Total wetland avoidance is not practical. • No indication of listed species utilization. • Wetland limits have been reviewed and approved by South Florida Water Management on October 12th • Unified Mitigation Assessment Method for the functional analysis has been reviewed and approved for existing conditions. • Staff recommends E.R.P. permits acquisition prior to site development. Laura Spurgeon noted the 5 acre tracts off the boundaries of the land have not been platted. Larry Harris,Johnson Engineering addressed questions including the following points: • A 20ft. limit on the depth of the ponds. • Addressed driveway. Laura Spurgeon mentioned the Church seating 500 persons with offices and no school. Mr. Harris addressed underground line connection projected for 2008- 2009. 3 November 2, 2005 Mr. Hughes expressed concern for flooding, chemistry control, and licensed professionals performing work. Ms. Herrero noted the installation of 2 wells to monitor water levels. As of October 19t"the water level came above ground twice. Dr. Hushon moved to approve Conditional Use No. CU-2005-AR-7749 "Living Word Family Church" Section 30, Township 48S, Range 27E with staff recommendations. Second by Mr. Kraut. Carries unanimously 6-0. 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 - All those testifying were sworn in by Mr. Griffin. -No disclosures addressed. Clayton Miller, Coastal Engineering gave a presentation including the following points: • Major power lines run through the property. • Wet lands and are being preserved. • There will be a storage area for concrete. • The business is recycling inert construction materials. • Two surveys were performed,the later demonstrated one listed species plant, with the recent not showing any indication. • Demonstration of project location and layout. Material storage visibility discussed. Mr. DeRuntz noted requirements for buffers between residential and non residential properties. The plantings would be 15 feet on center. Mr. Hughes expressed concern about noise levels of machinery. Mr. Miller said that the intent is to have a permanent facility which does not create the noise that a temporary crushing facility would. The anticipated truck traffic would run 6-8 trucks a day. Mr. Hughes feels that it is smart to have materials recycling. Dr. Lynne expressed concern about the listed plant species due to the nature of the plant going dormant underground. Recessed at 10:03 AM reconvening at 10:12 AM. 4 • November 2, 2005 Andy Woodruff was sworn in by Mr. Griffin. Mr. Woodruff gave a presentation including the following points: • Curtis's Milkweed does go dormant; there is no determination to say the plant is not still there. • A follow up survey can be performed, if it is found they can relocate it. • The plant prefers disturbed areas. Dr. Lynne would like to see an expert in Curtis's Milkweed; such as Maria Minno that can be reached at 904-375-3028 from Gainesville, be contacted to make recommendation on one plant being genetically significant, how to assess its existence, and how it can be protected. The listed species can be relocated to a different location on site as noted by Ms. Mason. Other agencies need reports that will not be in for a while, so there will be enough time for this to come before the Environmental Advisory Council again. David Weston, Coastal Engineering is looking to have the business start up, at least in the front end of the property. Dr. Hushon moved to approve the first phase of development for 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 consistent with staff recommendation#1, returning with FWS, FWC, and a Curtis's Milkweed Expert reports before proceeding with phase two. (Open discussion on motion by Board Members and Presenters) Dr. Hushon then added on staff recommendations 2,3, and 4. Second by Mr. Dolan. Carries unanimously 6-0. D. Planned Unit Development No. PUDZ-A-2004-AR-6417 "I-75/Alligator Alley PUD" Section 34,Township 49 South,Range 26 East -All those testifying were sworn in by Mr. Griffin. -No disclosures addressed. Robert Dwayne gave a presentation including the following points: • Introduction of presenters. p.., • 40 acres were originally zoned commercial. • Hydrology of property is not ideal. 5 November 2, 2005 • Property was planted on several times, each time failing due to the hydrology. • Offsite mitigation. • 6.12 acres will be replanted. Kenneth Passarella gave a presentation including the following points: • Property was previously permitted. • Mitigation plan was developed in the 1980's. • Soil conditions are inappropriate for plantings. • ATV vehicles continued to utilize the area. • South Florida Water management would like to mitigate off site. • Required native vegetation will be maintained. Jerry Neal gave a presentation including the following points: • Demonstration of water discharge on maps. • Reconstruction of weir. • Reviewed elevations. Mr. Hughes suggested adding a retention pond, with Ms. Mason mentioning that lakes can not be part of a preserve. Dr. Lynne moved to approve Planned Unit Development No. PUDZ- A-2004-AR-6417, "I-75/Alligator Alley PUD", Section 34, Township 49 South, Range 26 East with staff recommendations along with the preserve area being fenced in accordance with County requirements at least until the native vegetation has been reestablished and self perpetuating. Second by Mr. Dolan. Carries unanimously 6-0. VII. Old Business A. Update members on projects No projects have gone before the Board of County Commissioners for final hearing. VIII. New Business A. Outstanding Advisory Committee Member Nominations None B. Marisol Project Dr. Hushon would like to make some recommendations to further protect the environmental areas. 6 November 2, 2005 Stan Chrzanowski noted that the master plan has been approved and is in existing zoning. He will invite Marisol presenters along with Brad Cornell to make a presentation before it goes to the Board of County Commissioners. Mr. Griffin mentioned that Brad Cornell had filed a public petition with the Commissioners. The Commissioners felt that it warranted enough reconsideration that they wanted to hear it as a full agenda item. The Environmental Advisory Council can review or consider the subject. The petition was to look at what comments the Army Core had offered. Barbara Burgeson added that if this Council hears the presentations before the Board of County Commissioners then with a 5 or more member vote a formal recommendation can be made to the Commissioners; it will not go through the normal process. IX. Council Member Comments None X. Public Comments None There being no further business for the good of the County,the meeting was adjourned by order of the Chair at 11:18 AM. COLLIER COUNTY ENVIRONMENTAL ADVISORY COUNCIL Chairman William Hughes 7 Item VI.A ENVIRONMENTAL ADVISORY COUNCIL STAFF REPORT MEETING OF December 7, 2005 I. NAME OF PETITIONER/PROJECT: Petition No.: PUDZ-2003-AR-4991 Petition Name: "Rockedge RPUD" Applicant/Developer: Woodfield Builders, LLC Engineering Consultant: RWA Consulting, Inc. Environmental Consultant: Passarella and Associates, Inc. II. LOCATION: The site is located on the east side of Collier Boulevard (C.R.) 951, approximately 6 tenths of a mile south of intersection with Rattlesnake Hammock Road and has access from Amity Road, in Section 23, Township 50 South, Range 26 East III. DESCRIPTION OF SURROUNDING PROPERTIES: The subject property is bordered by C.R. 951 (Collier Boulevard) to the west then an undeveloped portion of Lely Resort PUD, developed single-family residential parcels, John's Road then Travel Trailer and Recreational Vehicle Campground, 170-foot wide Florida Power and Light utility easement, undeveloped acreage for the future Collier Regional Medical Center and undeveloped wood lands to the north, developed residential and undeveloped parcels to the east , and nursery, developed residential and undeveloped parcels and a 170-foot wide Florida Power and Light utility easement to the south. ZONING DESCRIPTION N - Agricultural (A), Travel Trailer and Developed single- Recreational Vehicle Campgrounds family residential (TTRV), Collier Regional Medical Center parcels, travel trailers PUD and recreational Vehicles, 170-foot FP&L easement, undeveloped acreage for the future Collier Regional Medical EAC Meeting Page 2 of 8 Center, S - Agricultural (A) nursery, single-family residential, undeveloped wooded parcels and 170-foot FP&L utility easement E - Agricultural (A) Undeveloped wooded parcels and developed single-family residential parcels W- R.O.W. then Lely Resort PUD C.R. 951 (Collier Boulevard) then undeveloped wooded acreage of Lely Resort PUD, IV. PROJECT DESCRIPTION: The subject property consists of 76.46 acres and is located on the east side of Collier Boulevard (C.R. 951), approximately six tenths of a mile south of intersection with Rattlesnake Hammock Road. The property is designated Urban, Mixed Use District, Urban Residential Fringe Subdistrict, as in the surrounding land on the east side of Collier Boulevard. The existing lands uses on the site include: unimproved roads and both disturbed and forested land. The PUD Master Plan sets forth 25.32 acres of Preserve areas, including 21.86 acres of wetland preserve and 3.46 acres of archeological preserve areas. The RPUD property contains 65.54 acres of native vegetation. The LDC requires preservation of 25% of the existing on site native Vegetation or a minimum of 16.39 acres. The PUD master plan indicates that 21.86 acres or 33% of the site is labeled as Preserve and shall be placed into a conservation easement. The Rockedge RPUD is a residential planned development, which will be developed with up to 400 multi-family units. The maximum allowable gross density is 5.23 dwelling units per acre. A minimum of 30 percent(111units) of the density generated from the 55 acre parcel which qualifies for the affordable housing bonus are required to be sold to buyers earning 80% or less of Collier County's median income, as calculated annually by the department of Housing and Urban Development (HUD). This is an Affordable Housing Project and an affordable Housing Density Bonus Agreement is a companion document to the PUD document The amenities proposed to be provided in the project includes EAC Meeting Page 3 of 8 structures and areas to provide social and recreational space, lakes, natural and landscaped open spaces, and a variety of passive and active recreational opportunities. Access to the property will be from Collier Boulevard(C.R.R 951). In the vicinity of the project, both collier Boulevard and Rattlesnake Hammock Road are scheduled to be widened to six lanes. These improvements are funded in the current transportation Five-year Work Program. Each residential unit will be served with centrally provided potable water, sanitary sewer, electric power, and telephone. V. GROWTH MANAGEMENT PLAN CONSISTENCY: Future Land Use Element: The subject property is currently designated Urban (Urban - Mixed Use District, Urban Residential Fringe Subdistrict) as identified on the Future Land Use Map of the Growth Management Plan. Relevant to this petition, this Subdistrict permits residential development (variety of unit types) at a base density of 1.5 units per gross acre, or up to 2.5 units per gross acre via the transfer of up to one dwelling unit per acre from land designated as Rural Fringe Mixed Use Sending District, [or in the case of properties specifically identified, a density bonus of up to 6.00 n additional units per gross acre may be requested for projects providing affordable housing (new language via a growth management plan amendment to the FLUE and adopted by the BCC September 9, 2003)]. Pursuant to the amendment to the Future Land Use Element, Urban - Mixed Use District, Urban Residential Fringe Subdistrict of the Growth Management Plan that was adopted on September 9, 2003 the subject property is the specifically identified property, making it eligible for the up to 6.00 additional units per gross acre. Base Density 1.5 DU/a Affordable housing bonus 6.0 DU/a Total Eligible Density 7.5 DU/a Based upon the above analysis, staff concludes the proposed uses and density may be found 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 n into estuaries shall meet all applicable federal, state, or local water quality standards". EAC Meeting Page 4 of 8 n To accomplish that, policy 2.2.2 states "In order to limit the specific and cumulative impacts of stormwater runoff, stormwater systems should be designed in such a way that discharged water does not degrade receiving waters and an attempt is made to enhance the timing, quantity, and quality of fresh water (discharge) to the estuarine system". This project is consistent with the objectives of policy 2.2.2 in that it attempts to mimic or enhance the quality and quantity of water leaving the site by utilizing lakes and possibly rehydrating wetlands as allowed by agency permits to provide water quality retention and peak flow attenuation during storm events. Policy 6.1.1 states that native vegetation shall be preserved on site through the application of the following preservation and vegetation retention standards and criteria: a minimum of 25% of the native vegetation present shall be preserved. This project has exceeded that requirement by preserving over 21 acres of the native vegetation existing on site that is the best quality and near off-site preservation lands. Conservation easements prohibiting further development will be required prior to SDP or PPL approval. Policy 6.2.5 requires habitat management and exotic vegetation removal/maintenance plans 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. These plans will be required prior to SDP or PPL approval. Jurisdictional wetlands have been identified as required in Policies 6.2.1 and 6.2.4. 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, as needed, will be required prior to SDP or PPL approval. VI. MAJOR ISSUES: Stormwater Management: This entire site sits within the Henderson Creek Basin as shown on the Drainage Atlas of Collier County, and, as such, has an allowable discharge of 0.15 cfs per acre. The proposed stromwater management system for this site will consist of interconnected lakes that provide water quality retention and peak flow attenuation. The proposed control structure will discharge directly into the .�-� Henderson Creek Canal. EAC Meeting Page 5 of 8 Environmental: Site Description: The existing land uses for the site include unimproved roads, a utility easement, disturbed lands, single-family residences, and undeveloped, forested lands. The adjacent land consist of a drainage canal and County Road 951 to the west, undeveloped, forested lands to the east, a campground, undeveloped forested land, and single-family residences to the north; and a nursery, undeveloped forested land, and single-family residences to the south. An aerial photograph with FLUCFCS mapping is included in the EIS as Exhibit C and includes off-site habitats 200' from the property line. A vegetation and wetlands map of the property is provided as Figure 2 in the EIS, and an acreage breakdown of the habitat types, including native habitats, is provided in Table 1. Figure 3 shows those areas designated as native habitat. Wetlands: Approximately 39.17 acres of SFWMD/Collier County jurisdictional wetlands have been identified on site. The wetland lines were verified by SFWMD staff in May 2003 and January 2004. The project as designed impacts 15.71 acres (40%) of the wetlands on site. Preservation Requirements: The site currently supports approximately 65.54 acres of native vegetation. Twenty five percent, or 16.39 acres, of native vegetation is required to be preserved on site. This PUD provides 21.86 acres of native vegetation preservation and an additional 3.46 acres of archeological preserves. Listed Species: Numerous listed plant and wildlife species surveys were conducted by Passarella and Associates, Inc. Additional listed species observations were made during vegetation mapping, wetland flagging, and nailing seasonal high water elevations. The survey methodology and results are provided in Exhibit F of the EIS. A tri- colored heron (Egretta tricolor) was observed during the listed species survey on November 4, 2002. No other listed wildlife species were observed during the listed species survey or during vegetation mapping, wetland flagging, or nailing seasonal high water elevations. Listed air plants were observed in the FLUCFCS 616 El areas of the site. EAC Meeting Page 6 of 8 Prior to impacts to the 0.90± acre FLUCFCS 616 El wetland, a survey in this area will be conducted by a qualified botanist for listed air plants and any found will be relocated to wetland preserve areas on site. This site is included in the Multi-Species/Ecosystem Recovery Implementation Team (MERIT) primary zone and panther use has been documented in the area. The MERIT subteam defined the Primary Zone as "all lands essential for the survival of the Florida panther in the wild". Reduction of impacts and mitigation for impacts to panther habitat will be determined by U.S. Fish & Wildlife Service(USFWS) and Florida Fish & Wildlife Conservation Commission (FFWCC) during wetland permitting. These permits and any mitigation will be required prior to approval of construction plans. VII. RECOMMENDATIONS: Staff recommends approval of PUDZ-2003-AR-4991, "Rockedge RPUD" with the following conditions: Stormwater Management: Because of the presence of wetlands and the size of the site (>40 ac.), this project will be required to submit to SFWMD for an Environmental Resource Permit (ERP). Environmental: 1. Re-hydration of wetlands on site will be in accordance with the SFWMD ERP and U.S. Army Corps of Engineers permit. 2. Prior to impacts to the 0.90± acre FLUCFCS 616 El wetland, a survey in this area will be conducted by a qualified botanist for listed air plants and any found will be relocated to wetland preserve areas on site. Results of this survey and relocation will be provided to Environmental Review staff at the pre-construction meeting. 3. USFWS and FFWCC permits will be required prior to final approval of construction plans. EAC Meeting Page 7 of 8 PREPARED BY: 7, d \ „..._,/,-/ is...,v 05- , STAN CHRZANOWSKI, P.E. DATE ENGINEERING REVIEW MANAGER ENGINEERING SERVICES DEPARTMENT ' SON DATE • ' ENVIRONMENTAL SPECIALIST ►' IRONMENTAL SERVICES DEPARTMENT i ICHAEL J. DE r TZ, C.F.M. DATE PRINCIPAL P . R EAC Meeting Page 8 of 8 REVIEWED BY: /3atbaaa-J-- fm4fL--- 1/-Ao• -06- ARBARA S. BURGESON DATE PRINCIPAL ENVIRONMENTAL SPECIALIST d2,, : . / it-(6. 0s- L IAM MD. ORE , Jr., P.E. DATE ENVIRONMENTAL SERVICES DEPARTMENT DIRECTOR 0 - 0 l Al/Qc STEVEN GRIFFIN NO DA E ASSISTANT COUNTY ATTORNEY OFFICE OF THE COLLIER COUNTY ATTORNEY APPROVED BY: i.llD1i4::___,-- EPH K. SC MITT TE IMMUNITY DEVELOPMENT &ENVIRONMENTAL SERVICES • I MINISTRATOR