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EAC Agenda 03/03/2004 ENVIRONMENTAL ADVISORY COUNCIL AGENDA March 3, 2004 9:00 A.M. Commission Boardroom W. Harmon Turner Building (Building "F") — Third Floor I. Roll Call II. Approval of Agenda III. Approval of February 4, 2004 Meeting Minutes IV. Land Use Petitions A. Site Development Plan Amendment No. SDPA-2003-AR-5014 "South County Water Reclamation Facility" Section 20, Township 50 South, Range 26 East V. Old Business VI. New Business VII. Council Member Comments VIII. Public Comments IX. Adjournment Council Members: Please notify the Environmental Services Department Administrative Assistant no later than 5:00 p.m. on February 27. 2004 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. February 4,2004 ENVIRONMENTAL ADVISORY COMMITTEE Board Meeting Room,31( Floor,Administration Building 3301 Tamiami Trail Naples,Florida 34112 9:00 A.M. February 4, 2004 LET IT BE REMEMBERED,that the Environmental Advisory Committee,in and for the County of Collier,having conducted business herein,met on this date at 9:00 o'clock a.m.,in REGULAR SESSION in Building"F"of the Government Complex, East Naples, Florida, with the following members present: Members: Alexandra Ellis, Vice-Chairman Alfred F. Gal,Jr. Thomas W. Sansbury Erica Lynne Kenneth Humiston, PE Michael Sorrell Collier County Staff: Marjorie Student,Assistant County Attorney; Barbara Burgeson, Senior Environmental Specialist; and Bill Lorenz,Director,Natural Resources. ENVIRONMENTAL ADVISORY COUNCIL AGENDA February 4, 2004 9:00 A.M. Commission Boardroom W. Harmon Turner Building (Building "F")-Third Floor I. Roll Call II. Approval of Agenda Ill. Approval of January 7, 2004 Meeting Minutes IV. Land Use Petitions A. Planned Unit Development No. PUDZ-2003-AR-3542 "Bristol Pines PUD" Section 35, Township 48 South, Range 26 East V. Old Business VI. New Business A. A discussion of"lake"excavations in Collier County. VII. Council Member Comments VIII. Public Comments IX. Adjournment Council Members: Please notify the Environmental Services Department Administrative Assistant no later than 5:00 p.m. on January 30, 2004 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. February 4,2004 I. Roll Call -The meeting was called to order at 9:00 o'clock a.m. A quorum was established. Members: Present,Alexandra Ellis, Alfred F. Gal,Jr., Kenneth Humiston, PE, Thomas W. Sansbury, Erica Lynne Excused Absences: Ed Carlson; William Hughes Collier County Staff: Marjorie Student,Esquire; Barbara Burgeson; Bill Lorenz II. Approval of Agenda -Lake excavation discussion to follow land use petitions -Old Business—previous meetings voting conflict forms must be read into the record. 1. New Business 2. Old Business III. Approval of Meeting Minutes -The January 7, 2004 Minutes were approved unanimously with no changes. IV. Land Use Petitions A. Planned Unit Development No. PUDZ-2003-AR-3542 "Bristol Pines PUD", Section 35, Township 48 South, Range 26 East County Assistant Attorney Marjorie Student swore in all five witnesses who are testifying. -Dwight Ndue,Planning Manager, Waterways Joint Venture IV. Subject property is 22.77 acres, five parcels of ground; 23%of the units are affordable Page 2 February 4,2004 housing;price points are $129,000 to $160,000; there is no natural native vegetation;there is a one acre preserve on eastern portion of property. The roads are at 25 year three day storm event; grade 13.6 to 14.5. There are gopher tortoises in spoil pile where existing single-family residence is located, a relocation permit is being pursued. -Ms. Lynn suggested that since gopher tortoises need 25 acres minimum area it might be more suitable to move them to a preserve. It is undesirable to remove tortoises from breeding population. -Mike Myers stated guidelines say that tortoises must be tested for TED,there is not much suitable habitat; land owners do not want them; guidelines require they be moved no more than 50 miles north or south,not necessarily in Collier County. It was moved to approve the petition with the recommendation of staff, motion was seconded,motion carried 6-0. V. New Business A. A discussion of"lake"excavations in Collier County -Stan Lendowski gave a presentation on lake excavation in Collier County. Excavation is being done to acquire fill for development. There are no lakes in Collier County and that is what it was like in 1940. There has been a lot of change in the topography of the area. Some areas have been raised to get them above flood plain. The ecosystem in 1940 had no lake system, the water flow was blocked,canals were built to allow water flow. Fish found in canals are exotics. Water table level affects lake water levels,does Fetch formula work. -Shape of the shoreline is most important. Page 3 February 4,2004 -Aeration changes surface temperature and eliminates algae. -Change in water column eliminates fish kills. -Temperature is only a problem in very deep lakes. -Recirculation needs to be maintained -Best way to maintain water quality is to mimic nature. -Excessive depth creates problems. -Destratification is accomplished by having water bubble up from the bottom of the lake,which oxygenates the water. -Nitrogen is extremely high in ground water. -Salt water intrusion is possible. -The aquifer needs to be considered. When blasting,dye tracers should be used to determine the effect of blasting. -Ground water and surface water are dynamically connected. -If LDC is changed,dye tracer should be used. -Raising the water table will affect septic systems. -Florescent readers are not expensive. -Re littoral zone, standards have recently been changed to make plantings more successful,improve visual landscape, support wetland plants,provide habitat for a variety of species including wading birds and other waterfowl. -Control elevations will take care of fluctuations. -Shelf elevation must be set based on fluctuations. -Maximum water depths must be set for plants. -Plants can be grouped according to tolerance to water depth. Page 4 February 4,2004 -There is a 7%urban requirement for plants in the littoral zone,plants should be planted on slope Bulkheads require inverted planting. -Wet retention ponds do not have to be dug in Collier County. -100%not recommended due to economics. -Homeowner associations are beginning to ask about rectifying appearances,retrofit of areas is possible. -Vegetation can be used for filtering. -Cypress trees could be planted in groups,Pond Apple works well,both are less susceptible to drought, trees can be planted on lot line to preserve view. -Homeowner video or booklet is recommended to educate homeowners as to problems and solutions. -Melissa Henning can be consulted re problems. -Water in Collier County needs to be checked for copper,comes from sprays. -Storm water treatment ponds,submerged aquatic vegetation would help keep water clear. -Hydrila is most effective plant for removing phosphorous and if controlled can be a good filter. (Recess from 11:00 to 11:10) VI. Old Business Coastal Construction Setback Line Discussion -Doug Fee, President,North Bay Civic Association expressed concern about draft language. Page 5 February 4,2004 -Bruce Anderson, LaPlaya Hotel, stated that Collier County should comply with its own ordinances and that the only change needed is Sec. 3.13.6.6, working from draft of 1/26. Mr. Anderson stated that he did not receive copy. Everything is rehash of what Board of County Commissioners voted to kill last month. -Original LDC is still in place. -Mr. Humiston,Mr. Sanford and Mr. Gal declined to vote on the matter because of being employed by entities that could benefit from their votes. It was decided that as there was no quorum,the Committee would move forward with no action. VII. Council Member Comments None VIII. Public Comments None IX. Adjournment The next meeting of the Environmental Advisory Committee will be held on March 3, 2004, at 9:00 o'clock, a.m. ***** There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 11:40 A.M. COLLIER COUNTY ENVIRONMENTAL ADVISORY COUNCIL Chairman Page 6 19416595'r2d COUNTY ATTORNEY 206 P01 JON 07 '04 12:11 • • FORM 8B MEMORANDUM OF VOTING CONFLICT FOR • COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS LAST NAMR—P4 NANea—MIDDLENAME . NAM!OF soAso couNp�COMMISSION,AUTHORITY,OR CCMNRT" /4.01 1S+00/ Xenn 14e0/ _ (iivirOiri'ie 114.,4,11.430,,yCOL4A/CC/ MAILING AD THE BOARD.COUNOiL.COMMISSION,AUTtiORn'#OR COMMITTEE ON 32(1 Ski[ri d bra! Co/4e/, wwCHIs5RveMAwar OF: • oTY =UM/ / , Q WY 0 O1 /I/ OTHER LOCAL.AGENCY A te-LHAWoFP UMS.SiJeE =.a OATS O4*HION WTI OCCURRED Y Nmy Mo=I•r10N IB: 2/5Y 0(741:1 meanve XAppoprrlva WHO MUST FILE FORM 35 This form is for use by any Caplan Retying at the county.city,or other local level of gpvemment on an appointed or elected board,council, commission, authority,or committee. It apples equally to members of advisory and non-advisory bodies who are presented with a voting conf ld of interest under Section 112.3149,Florida Statutes. • • Your responslilitiee under the law when faced with voting on a measure In which you have a conflict of interest will vary greatly depending on whether you hold an elective or eppolntiv•position. For this reason.please pay dose attention to the Instructions on this form before completing the reverse side and ling the form. . INSTRUCTIONS FOR..COMPLLANCE WfTH SECTION 112.3143, FLORIDA STATUTES A'person holding elective or appointive county, munidpel, or other lanai public sauce MUST ABSTAIN from voting on a measure which Inures to his or her special private gain or loss.Each elected or appointed local officer also Is prohibited from knowingly voting on a mea- sure which inures to the special gain•or loss of a principal(other than a government agency)by whom he or she la retained(including the parent organization or subsidiary of a corporate principal by which he or she Is retained):to the special private gain or loss of a relative;or to the special private gain or loss of a business associate.Commissioners of community redevelopment agencies under Sec.163.356 or 163.357, F.S.,and officers of Independent spacial tax districts elected on a one-acre,one-vote basis ere not prohibited from voting in that Capacity. • For purposes of this law,a'relative"includes only the officer's father,mother,son,daughter,husband, wife,brother,sister,fathet4in-law, mother-In-law,son-in-law.and deughtet4Maw.A"business associate'means any person or entity engaged In or carrying on a business enterprise with•the officer as a partner,joint venturer,coormOr of property,or corporate shareholder(where the shares of the corporation are not listed omany national or regional stock exchange). ' • • • • U. • • • • • • • • , * a • ELECTED OFFICERS: to addition to abstaining from voting In the situations described above,you must disclose the conflict PRIOR TO THE VOTE BEING TAKEN by publicly stating to the essenhby the nature of your Interest in the measure on which you are abstaining from voting;and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and Sling this form with the person responsible for recording the min- utes of the meeting,who should incorporate the form in the minute.. • • APPOINTED OFFICERS: Although you must abatrin from voting in the situations described above,yOU otherwise may participate in these matters.,,MoWavar, you must disclose the nature of the conflict before making any attempt to Influence the decision.whether welly or In writing and whether made by you or et your direction. . IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: • You must complete and flie this form(before mddng any attempt to influence the derision)with the person responsible for wonting the • minutes of the meeting,who will Incorporate the form in the minute!. (Continued on other side) • • CE FORM eS.EFF.112000 PA3E 1 • 19416595720 COUNTY ATTORNEY 2176 P02 JAN 07 '04 12:12 _ a APPOINTED OFFICERS (continued) • A copy of the form must be provided immediately to the other members of the agency. • The form must be reed•publicly at the mud maedng after the form killed IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: • You must disclose orally the nature of your conflict intro measure before participaant). • You must complete the form and fie it within 15 days after the vote obcuI5 with the person responsible for recording the minutes of the meeting,who must incorporate the form in the minutes.A copy of the form must be provided Immediately to the other members of the agency.and the form must be read publicly at the next meeting atter the form Is filed. DISCLOSURE OF LOCAL OFFICER'S INTEREST • X e-/i/'l% 17/4Nn IS 710.1 ,hereby diastase that on fe. r."4 7 4200*.: • (a)A measure came or will come before my agency which(check ore) • _ Inured to my special private gain or foes; inured to the special gain or loes of my business associate, - •• • inured to the special gain or loss of my relative, ---- ' Inured to the special gain or lose of by whom I am retained;or . _ Inured to 11*special gain or loss of • "which Is the parent organization or subsidiary of a principal which has retained me: (b)The'elegem. before my agency and the nature of my confiding Intent*in the measure Is as follow: • /11y. its ite45 �-t8-� c d en.6 0, �C SL 1..."4F/0-0-1 �.�. !^!1 l! aC .co • �H 11/e /"`� �c i- , /.F°i i�`� ✓ Ito Q(...411 1 A. t,pJ?l aT Ct Ci i r 07 /At f r..r.G�2 + d • • • Date Filed Signature • NOTICE: UNDER PROVISIONS OF FLORIDA STATUTE51112.31/. A FAILURE TO MAKE ANY REQUIRED DISCLOSURE /•\ CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION,REDUCTION IN SALARY.REPRIMAND,OR A CIVIL PENALTY NOT TO EXCEED 510,000. . PAGE 2 CE FORM BE EFF.11200D • • 19416595720 COUNTY ATTORNEY 206 P01 JAN 07 '04 12:11 - t FORM 8BMEMORANDUM OF VOTING CONFLICT FOR ' ! COUNTY, MUNICIPAL AND OTHER LOCAL PUBLIC OFFICERS LAST NAME:--nRS r. /OOLE I ��� NAME OF COU a_ AssStoN.AUTHORrTY,OR COMMITTEE 4 [�{q �_ • MAfuNO ADD. --,/ f.'"� I j� THE HOARD.COUNCIL,commission,AVTHORIT'�OR COIRaTn�ON L / /� ( ���CUUJ<toWNICH I SERVE a AOF: CITY COUNTY __ 0 OTHER • <ENC' CITY v�. `C'—�7 COUNTY / t `�� NAME OF PpJ710At 6 i L Cit C,�,/L/X--' OATS ON WHICH VOTE :-.' MY POEM=PR C ELECTIVE C APPOINTIVE • WHO MUST FILE FORM SB This form is for use by any person nerving*the county,city,or other local level of gcvenmment on an appointed or elected board.council, commission, authority,or committee. It appy equally to members of advisory and non-advisory bodies who are presented with a voting conflict of interest under Section 112.3143,Florida Statutes. • Your responsibilities under the law when faced with voting on a meeaure In which you have a cgnflct of interest will vary greatly depending an whether you hold an elective or appointive positron. For this reason,please pay dose attention to the Instructions on this form before completing the reverse side and fling the form. , • INSTRUCTIONS FORCOMPUANCE WITH SECTION 112.3143, FLORIDA STATUTES A*person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from votang on a measure which Inures to his or her special private gain or loss.Each elected or appointed local officer also Is prohibited from knowingly voting on a mea- sure which inures to the special gain•or loss of a principal(other than a government agency)by whom he or she is retained(including the parent organization or subsidiary of a corporate principal by which he or she Is retained);to the spacial private gain or loss of a relative;or to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies under Sec. 163,366 or 163,351.F.S.,and officers of Independent special tax d1.soicxa elected on a one-aa9,one-vote basis are not prohibited from voting in that capacity. For purposes of this law.a"relative"includes only the officer's father, mother,son,daughter,husband,wife,brother.sister,fatheMn-$aw, mother-In-law, son-In-law,and daugptewiMaw.A"business associate'means any person or entity engaged In or varying on a business enterprise with.•the officer as a partner,joint venturer,cow ner of property,or corporate shareholder(where the shares of the corporation are not listed orrery national or regional stock exchange). . . . ♦ • S. . . . . . . . . . . • ELECTED OFFICERS: in addition to abstaining from voting In the situations described above,you must disclose the conflict PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assamblythe nature of your interest in the measure an which you ere abstaining from voting:and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the min- utes of the meeting,who should incorporate the form In the minutes. • • • • . . .. . . . . . . . I + • APPOINTED OFFICERS: • Although you must abstain from voting in the situations described above,you otherwise may participate in these mattera.,However, you must disclose the nature of the conflict before making any attempt to influence the decision,whether orally or In writing and whether made by you or*your friction. . n IF YOU INTEND TO MAKE ANY ATTEMPT TO I NFLUOICE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: • • You must complete and file this form(before meldno any attempt to influence the decision)with the person reeponsible for recording the • minutes of the meeting,who will Incorporate the form in the minutes. (Continued on other sada) • CE FORM 86-EFF.112000 PAGE 1 19416595720 COUNTY ATTORNEY 206 P02 JAN 07 '04 12:12 APPOINTED OFFICERS(continued) • A copy of the form must be provided immediately to the other members of the agency. • The form must be road publicly at the next meeting after the form lamed IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT EY DISCUSSION AT THE MEWING: • You must disclose orally the nature of your conflict in the measure before participating. • You must complete the form and tile It within 15 days after the vote obtuse with the person responsible for record. Inv the minutes of the meeting,who must incorporate the form in the minutes.A cgpy of the form must be provided Immediately to the other members of the agency,and the form must be read publicly at the next meeting Thr the form Is filed. DISC SURE OF LOCAL OFFICER'S INTEREST ., wV , �4 I\-Lc • Hereby disclose that on . . 7 ' 4-- ,2eZ: • (a)A measure came or will come before my ag cy which(check one) • _ mored to my special private gain or I inured to the special gain or loss of my business associate, • inured to the special gain or loos of my relative, _ .loured to the special gain or lose of My /1)(4)/C t bY • whom I em retainer!;or ` • - Inured to the special gain or loss of • ..which Is the parent organization or subaldiary of a principal witiclt has retained me . (b)The'measu a before my agency and the nature of my conflicting Interest in the measure le as follows: • • ce (V. C - ,oc)-6"-1-L-,j9-- -- A.,,/‘--- ..,..:,7 .g--C--- . -L- b C_ (:-. /.-----. . . 7..._--: .61- ---- 6*" • . Date Filed Signature • . NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES•§112.31/, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY SE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY.REPRIMAND,OR A • CIVIL PENALTY NOT TO EXCEED 510,000. PAGE 2 CE FORM 85-t F.tl2000 . • 19416595720 COUNTY ATTORI'EY 206 P01 JAN 07 '04 12:11 • .4 FORM 8B MEMORANDUM OF VOTING CONFLICT FOR • COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS LAS. m l Rerr �µo. NAME Of OOARC.Co - COMMISSION,/ oRr Y,OR COMMrREE frA � . .1 'AV. err i ' TIfEHOA[�.COUNCIL,COMMISSION,AUT}�IORtTY OR COMMITTEE ON 9 i lfrn i< ,S/�/�/24 i"�`C WHICH I WRVS IS A OR � C CRY i. CCUNi'l O(MEN LOCAL AOENCY CITY /�O 7 NAME F POU]ICAC SUBOIVIBI vGcs BATE O WF11CH /V 7 MY rOSIT ION Z/,4/ Q • erPPOINTiVE • WHO MUST FILE FORM SB This form is for use by any Person serving at the county,city,or other local level of government on an appointed or elected board,council, commission, authority.or committee. it appflee equally to members of advisory and non-advisory bodies who are presented with a voting conflict of interest under Section 112.3143,Florida Statutes. • Your responsibilities under the law when faced with voting on a measure In which you have a conflict of interest will vary great)?depending an whether you hold an elective or appointive position. For this reason.please pay close attention to the instructions an this form before completing the reverse side and tiling the form. , INSTRUCTIONS FOR..COMPLIANC,E WITH SECTION 112.3143, FLORIDA STATUTES A'person holding elective or appointive county, municipal, or other local public office MUST Al3STAIN tram voting on a measure which Inures to his or her special private gain or loss. Each elected or appointed local officer also is prohibited torn knowingy voting on a mea- stre which inures to the special gain•or loss of a principal(other than a government agency)by whom he or she Is retained(including the parent organization or subsidiary of a corporate principal by which he or she la retained);to the special private gain or loss of a relative;or to the special private gain or loss of a business associate.Commissioners of community redevelopment agencies under Sea 163.368 or 163.357,F.S.,and officers of independent special tax disolcte elected on a one-ass,one-vote basis are not prohibited front voting in that Capacity. . • For purposes of this law, a'relative'includes only the officers father, mother,son,daughter,husband,wife,brother,sister,father4in-law, mother-In-law,soman-law.and daupgter-lrnlaw.A"business associates means any person or entity engaged In at genying on a business enterprise with•the officer as a partner,joint venturer,co0Wner of property,or corporate shareholder(where the shares of the corporation are not listed on°any national or regional stock exchange). • , • . a . •. • • • • • • I • • • • ELECTED OFFICERS: in addition to ebstnining from voting in the situations described above,you must disclose the conflict ict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure an which you are abstaining from voting;and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the min- utes of the meeting,who should incorporate the form in the minutes. • • • • • I • * • • • • • • • I - APPOINTED OFFICERS: • • . Although you must obtain from voting in the situations described above,you otherwise may participate in these matters.,Hawever, you must disclose the nature of the conflict before making any attempt to k►fluence the decision,whether orally or In witting end whether made by you or at your direction. • r\ IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE'MEETING AT WHICH THE VOTE WILL SE TAKEN: • You must complete and file this form(before making any attempt to Influence the derision)with the person responsible for recording the - minutes of the meeting,who will Incorporate the form in the mitnutee. (Continued on other side) • CE FORM se-EFF.112000 • PACS 1 . • 19416595720 COUNTY ATTORNEY 206 P02 JAN 07 '04 12:12 - t APPOINTED OFFICERS(continued) • A copy of the form must be provided immediately to the other membera of the agency. • The form must be road publicly at the next meeting after the form t r ined. IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: • You must disclose orally the natters of your conflict in the measure before participating. • You must complete the form and file It within 15 days after the vote obcurs with the portion responsible for recording the minutes&the meeting,who must incorporate the form in the minutes.A copy of the form must be provided Immediately to the other members of the agency.and the form must be read publicly at the next meeting after the form Is filed. DISCLOSURE OF LOCAL OFFICER'S INTEREST • yic f sit/ t • 1 hereby disc a that on . t'"-{-L. ,2130/: 1, r • • (a)A measure or will come before my agency which(check one) • . Inured to my special privet®gain or loess; • inured to the spade!gain or loss of my business associate, inured to the specie gain or loss of my relative, Inured to the special gain or loss of 41 Phe e-4 L by • whom I am retained;or • • . Inured to the special gain or loss of • -which Is the parent organization or aubeidleryr of a principal which has retained me. (b)The'measure before my agency and the nature of my confiding interest in the measure Is as follows: • . c 4/ /I/4, CCS. ,J, of") tiorc A 47 : . • /, (r1' T7 . • • 2 l a7 • Si na�tc l'r� - - 1 i / . Data Feed • NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES§112.311, A FAILURE TO MAM ANY REQUIRED DISCLOSURE ,S CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT. REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT,DEMOTION,REDUCTION IN SALARY.REPRIMAND,OR A CIVIL PENALTY NOT TO EXCEED 310,000. CE FORM 80-EFF.1/2000 Item N.A. ENVIRONMENTAL ADVISORY COUNCIL STAFF REPORT MEETING OF MARCH 3, 2004 I. NAME OF PETITIONER/PROJECT: Petition No.: Site Development Plan Amendment SDPA-2003-AR-5014 Petition Name: South County Water Reclamation Facility Applicant/Developer: Collier County Public Utilities Division Engineering Consultant: Hole Montes, Inc. Environmental Consultant: Southern Biomes, Inc. II. LOCATION: The subject property is located north of US 41 East, south of St. Andrews Way, and east of Warren Street, in Section 20, Township 50 South, Range 26 East, Collier County, Florida. III. DESCRIPTION OF SURROUNDING PROPERTIES: Surrounding properties include developed and undeveloped parcels. ZONING DESCRIPTION N - PUD (Lely Country Club) Developed S - RSF-4 Developed E - PUD (Lely Resort) Undeveloped portion A-ST Undeveloped W- P (Public Use) Developed (Neighborhood Park) A Developed IV. PROJECT DESCRIPTION: The subject property is the site of an existing wastewater treatment facility. The Site Development Plan Amendment (SDPA) proposes relocation of the entrance EAC Meeting Page 2 of 7 road approved by the original Site Development Plan, additional stormwater retention and wetland mitigation. V. GROWTH MANAGEMENT PLAN CONSISTENCY: Future Land Use Element: Review for compliance with the FLUE is not a function of the Site Development Plan approval process; however, the Conditional Use application would have been reviewed for compliance with the FLUE. Conditional Use CU 2001-AR-1156, Resolution No. 01-374, approved the water reclamation facility for the site on September 25, 2001. Conservation & Coastal Management Element: Objective 2.2. of the Conservation and Coastal Management Element of the Growth Management Plan states "All canals, rivers, and flow ways discharging into estuaries shall meet all applicable federal, state, or local water quality standards. To accomplish that,policy 2.2.2 states"In order to limit the specific and cumulative impacts of stormwater runoff, stormwater systems should be designed in such a way that discharged water does not degrade receiving waters and an attempt is made to enhance the timing, quantity, and quality of fresh water (discharge) to the estuarine system." This project is consistent with the objectives of policy 2.2.2 in that it attempts to mimic or enhance the quality of water leaving the site by utilizing retention areas to provide water quality retention. The project as proposed is consistent with the Policies in Objective 6.1 and 6.2 of the Conservation& Coastal Management Element, for the following reasons: Greater than fifteen percent(15 %) of the existing native vegetation will be retained on-site and set aside as preserve areas with conservation easements prohibiting further development. Habitat management and exotic vegetation removal/maintenance plans have been established for the preserve areas. Preserve areas shall be maintained free of Category I invasive exotic plants, as defined by the Florida Exotic Pest Plant Council. Preserve areas interconnect to adjoining off-site preserve areas within Lely Resort PUD. EAC Meeting Page 3 of 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. State (FDEP) and federal (USACOE) agency permits with requirements of mitigation for impacts to jurisdictional wetlands, have been issued. In accordance with 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 have been identified on the Site Development Plan. Activities detrimental to preserve areas have been excluded from the preserve areas as required by the conservation easement. Uses within the preserve areas are in accordance with Policy 6.2.5(5)(d). A wildlife survey for listed species in accordance with Policy 7.1.2 is included in the Environmental Impact Statement (EIS). Listed species or evidence of listed species has not been identified on-site. VI. MAJOR ISSUES: Stormwater Management: The site uses a standard design of interconnected retention/detention areas to achieve water quality retention and peak flow attenuation. The site sits within the Lely Manor Basin, which has an allowable offsite discharge rate of 0.15 cfs per acre. Environmental: Site Description: The subject property is approximately 48.35 acres in size and the location of the existing South County Water Reclamation Facility. Approximately 29.75 acres of the site are developed, with another 18.60 acres of undeveloped land located in the southeast portion of the property. The undeveloped area contains approximately 12.78 acres of cypress, 3.98 acres of recently cleared wetlands (formally invaded with Brazilian pepper), 1.66 acres of open/ruderal land, and 0.18 acres of dahoon holly/cabbage palm/saw palmetto. EAC Meeting Page 4 of 7 The Natural Resources Conservation Service (NRCS) soil map identifies three soil types on the subject property; Boca, Riviera, limestone substratum, and Copeland fine sands, depressional (Unit 25); Urban land (Unit 32); and Urban land-Holopaw-Basinger complex (Unit 33). The undeveloped portion of the property consists mainly of Soil Map Unit 25, which is listed as hydric by the NRCS. Wetlands: Approximately 16.76 acres of the site contain jurisdictional wetlands. These consist of 12.78 acres of cypress and 3.98 acres of recently cleared wetlands (formally invaded with Brazilian pepper). Of these, approximately 1.67 acres of the previously cleared wetlands and 0.17 acres of cypress forest will be directly impacted by the project. Mitigation for impacts to jurisdictional wetlands will include preservation and enhancement of 14.92 acres of wetlands on-site. Enhancement will include exotic and nuisance plant eradication, hydroperiod restoration through installation of a weir structure, re-grading of previously disturbed wetlands to appropriate wetland elevations, and re-vegetation with indigenous wetland vegetation. Additionally, 0.18 acres of uplands will be preserved within the cypress forest, and 0.08 acres of disturbed uplands will be re-graded to appropriate wetland elevations and planted with indigenous wetland vegetation. In total, 14.07 acres will be placed in a conservation easement, prohibiting further development. The remaining 1.02 acres of cypress forest in the southwest portion of the property will be maintained free of exotic and nuisance vegetation, but will not be included in the conservation easement. This area will be left in a natural state to serve as a buffer to adjoining residential properties. Preservation Requirements: Native vegetation on the subject property includes 12.78 acres of cypress forest and 0.18 acres of dahoon holly/cabbage palm/saw palmetto. Of this a minimum of 1.94 acres (12.96 X .15 = 1.94) are required for preservation pursuant to 3.9.5.5.4 of the Land Development Code and Policy 6.1.1 of the Growth Management Plan —Conservation and Coastal Management Element. The 14.07 acres to be placed in a conservation easement will satisfy this requirement. Listed Species: A listed species survey was conducted during the month of October 2001. No listed species or evidence of listed species was observed on the property. Enhancement of the preserve should favor utilization of the site by wading birds. EAC Meeting Page 5 of 7 VII. RECOMMENDATIONS: Staff recommends approval of Site Development Plan Amendment SDPA-2003- AR-5014 "South County Water Reclamation Facility" with the following stipulations: Stormwater Management: 1. None. Environmental: 1. Include on the Site Development Plan, the preserve information from pages 14 through 16 of the 'BIS Environmental Impact Study". 2. Include on the Site Development Plan the name and contact information of the preserve manager who will be responsible for maintaining the preserves. 3. Include the proposed new entrance road within the limits of clearing on the .-� clearing plan on sheet 4 of the Site Development Plan. 4. Include on the clearing plan a note indicating the methods of barricading to be used to protect vegetation to remain and a note stating that these barricades will remain erected and maintained throughout the duration of construction. EAC Meeting Page 6 of 7 PREPARED BY: ' � / 5' f ✓ ;' s1 ti ...1 .4,-/.4-.11/4--- STAN CHRZAN SKI, P.E. DATE ENGINEERING REVIEW MANAGER ENGINEERING SERVICES DEPARTMENT � ��� ,241,/,2(v 9 STEPHEN LENBERGER DATE ENVIRONMENTAL SPECIALIST ENVIRONMENTAL SERVICES DEPARTMENT glre- :7.. ...a.-- /2 0 ROSS GOC AUR D TE PLANNER DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW REVIEWED BY: BARBARA S. BURGESON 1DATE PRINCIPAL ENVIRONMENTAL SPECIALIST ENVIRONMENTAL SERVICES DEPARTMENT EAC Meeting Page 7 of 7 1 , O Z. /3‘.04 viN IAM D. LO' ' Z, Jr., ': ., DIRECTOR, DATE ENVIRONMENTAL SERVICES DEPARTMENT SUSAN MURRAY, AICP, DIRECT R, DATE DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW APPROVED BY: J,• :EPH K. S HMITT, A MINISTRATOR, AE ((IMMUNITY DEVELOPMENT &ENVIRONMENTALSERVI CES DIVISION , .-.'„:•'% s\c) :4\--- r,0"---- -:\-.1eN v\`. A: •N\c" ,-6 40 N "k ,,,,'- . ., , -,4',' - , -,•-: --.,-, , -' • 74 ...i0Mtax. ....,,,- .4, CD , ail -n T r7- 41 •Ii., .... 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