EAC Agenda 02/05/2003 ENVIRONMENTAL ADVISORY COUNCIL
AGENDA
February 5, 2003
9:00 A.M.
Commission Boardroom
W. Harmon Turner Building (Building "F")—Third Floor
I. Roll Call
II. Approval of Agenda
III. Approval of January 8, 2003 Meeting Minutes
IV. Land Use Petitions
A. Special Treatment Permit No. ST-2002-AR-3457
"Half Circle "L" Ranch"
Sections 13, 14, 15, 22, 23, 24, 26 & 27
Township 46 South, Range 30 East
B. Planned Unit Development No. PUDZ-2002-AR-3161
"Naples Botanical Garden PUD"
Section 23, Township 50 South, Range 25 East
V. Old Business:
VI. New Business:
A. Hazardous Waste In Cemeteries (Coe)
B. Implementation Activities for the GMP Amendments (Staff)
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, 31 2003 if you cannot
attend this meeting or if you have a conflict and will abstain from voting on a petition
(732-2505).
,. 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.
January 8, 2003
TRANSCRIPT OF THE MEETING OF
THE ENVIRONMENTAL ADVISORY COMMITTEE
NAPLES,FL
January 8,2003
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 9:00AM in
regular session in the County Commissioners Boardroom,Building "F",3301 Tamiami
Trail,Naples FL,with the following members present:
Members: Thomas Sansbury
Michael G. Coe
Ken Humiston
Alfred Gal
Alexandra Santoro
Ed Carlson
John Dowd
Erica Lynne (arrived at 9:03 AM)
Michael V. Sorrel
Collier County: Bill Lorenz,Barb Burgeson,Stan Chrzanowski,Melissa Henning, Steve
Lenberger,Patrick White(arrived at 9:04 AM)
Page 1
ENVIRONMENTAL ADVISORY COUNCIL
AGENDA
January 8, 2003
9:00 A.M.
Commission Boardroom
W. Harmon Turner Building (Building "F")—Third Floor
I. Roll Call
II. Approval of Agenda
Ill. Approval of December 4, 2002 Meeting Minutes
IV. Land Use Petitions
A. Site Development Plan No. SDP-2001-AR-1722
"Equestrian Professional Center SDP"
Section 33, Township 50 South, Range 26 East
V. Old Business
A. Update of proposed interagency agreement
for wildlife protection.
B. Quadrennial Review
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 January 3, 2003 if you cannot
attend this meeting or if you have a conflict and will abstain from voting on a petition
(732-2505).
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 FEBRUARY 5,2003
I. NAME OF PETITIONER/PROJECT:
Petition No.: Special Treatment Permit
No. ST-2002-AR-3457
Petition Name: Half Circle"L"Ranch
Applicant/Developer: Half Circle"L"Ranch Partnership
Forester: Lee Timber Company, Inc.
Environmental Consultant: Michael R. Ramsey
II. LOCATION:
The Half Circle L Ranch totals approximately 5,120 acres in size and is located
approximately five miles east of Immokalee, in Sections 13, 14, 15, 22, 23, 24, 26
&27, Township 46 South, Range 30 East, Collier County, Florida.
III. DESCRIPTION OF SURROUNDING PROPERTIES:
Surrounding properties are undeveloped or in agricultural use.
ZONING DESCRIPTION
N - A-MHO-ACSC/ST Undeveloped
S - A-MHO-ACSC/ST Undeveloped
E - Hendry County Undeveloped
W- A-MHO-ACSC/ST Undeveloped
IV. PROJECT DESCRIPTION:
The applicant is requesting a Special Treatment Permit for silviculture operations
on eight sections of land in northeast Collier County. Management plans call for
the harvesting of pine and cypress timber products on a long term, sustainable
yield basis. Seed trees will be left in place and Timber Stand Improvement
r'` (thinning) will be used to attain desired density trees. Clear cutting is not
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proposed. Best Management Practices for Forestry Operations as adopted by the
state of Florida Division of Forestry and South Florida Water Management
District will be utilized.
V. GROWTH MANAGEMENT PLAN CONSISTENCY:
Future Land Use Element:
The subject property is designated Agricultural/Rural (Agricultural/Rural Mixed
Use District) on the Future Land Use Map of the Growth Management Plan; more
specifically, it is in the Rural Lands Stewardship Area Overlay (RLSAO), with
portions designated as the Okaloacoochee Habitat Stewardship Area (HSA) and
the Okaloacoochee Slough Flowway Stewardship Area(FSA); and,portions could
potentially be designated as Stewardship Receiving Area (SRA). Also, the site is
within the ACSC Overlay. Relevant to this petition:
Policy 1.5 of the RLSAO provides that the baseline standards (i.e. pre-Final Order
uses, densities and intensities) remain in effect for all land not subject to the
transfer or receipt of Stewardship Credits, except as provided in Group 5 policies.
The baseline standards include agricultural uses. The Stewardship Credit System
has not yet been established (and won't be until the GMP amendments become
effective), and there is no indication the petitioner intends to participate in that
system at this time. The Group 5 Policies (Policy 5.1) eliminate certain uses for
properties designated as FSA and not participating in the Stewardship Credit
System — but not agricultural uses; and, the Group 5 Policies (Policy 5.1 - 5.3)
impose certain restrictions (e.g. site alteration limitations) and requirements (e.g.
submittal of wildlife habitat management plan for listed species) upon properties
designated as FSA, HSA, or WRA and not participating in the Stewardship Credit
System-but they are not applicable to agricultural uses.
The ACSC Overlay contains site alteration and other development limitations;
however, they are not applicable to agricultural uses.
The petitioner should be aware that the proposed development activity may lessen
the environmental value of the property. As such, it may lessen the number of
Stewardship Credits the site is eligible for at some future date should the property
owner wish to participate in the Stewardship Credit System.
CONCLUSION: Based upon the above analysis, staff concludes the proposed
ST permit to allow agricultural uses may be deemed consistent with the FLUE as
amended October 22, 2002.
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Conservation & Coastal Management Element:
Policy 6.1.5 states, "Agriculture shall be exempt from the above preservation
requirements contained in Policies 6.1.1, and 6.1.2 of this element provided that
any new clearing of land for agriculture shall not be converted to non-agricultural
development for 25 years. For any such conversions in less than 25 years, the
requirements of Policy 6. 1.1 and 6.1.2 of this element shall be applied to the site
at the time of the conversion. The percentage of native vegetation preserved shall
be calculated on the amount of vegetation occurring at the time of the agricultural
clearing, and if found to be deficient, a native plant community shall be restored
to re-create a native plant community in all three strata(ground covers, shrubs and
trees), utilizing larger plant materials so as to more quickly re-create the lost
mature vegetation. Agricultural clearing within the Rural Lands Stewardship
Area(RLSA) Overlay shall be allowed and guided by the RLSA policies found in
the FLUE."
The above referenced 25 year limitation will be placed on the agricultural clearing
permit as required by the Growth Management Plan.
Policy 6.1.7 states "An Environmental Impact Statement (EIS) is required, to
provide a method to objectively evaluate the impact of a proposed development,
site alteration, or project upon the resources and environmental quality of the
project area and the community and to insure that planning and zoning decisions
are made with a complete understanding of the impact of such decisions upon the
environment, to encourage projects and developments that will protect, conserve
and enhance, but not degrade, the environmental quality and resources of the
particular project or development site, the general area and the greater community.
An EIS shall be required for:
1. Any site with an ST or ACSC-ST overlay, or within the boundaries of
NRPAs.
2. All sites seaward of the Coastal High Hazard Area boundary that are 2.5 or
more acres.
3. All sites landward of the Coastal High Hazard Area boundary that are ten
or more acres.
4. Any other development or site alteration, which in the opinion of the
development services director, would have substantial impact upon environmental
quality.
The EIS requirement does not apply to a single family or duplex use on a single
lot or parcel. The EIS requirement may be waived subject to the following:
1. Agricultural uses as defined in 9J-5.003(2), including aquaculture for
native species.
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2. After inspection by County staff and filing of a written report, any land or
parcel of land has been so altered as to have irreparable damage to the ecological,
drainage, or groundwater recharge functions; or that the development of the site
will improve or correct the existing ecological functions or not require any major
alteration of the existing landforms, drainage, or flora and fauna elements of the
property. For the purpose of this policy, major alteration shall mean greater than
10% of the site.
3. Exemptions shall not apply to any parcel with an ST or ACSC-ST overlay,
or within the boundaries of NRPAs except for single family homes or as
otherwise allowed by the ST or ACSC-ST criteria."
An Environmental Impact Statement (EIS) has been completed and included with
the Special Treatment(ST)permit application.
VI. MAJOR ISSUES:
Environmental:
Site Description:
The Half Circle L Ranch totals approximately 5,120 acres in Collier County. In
Collier County approximately 1,653 acres alternate between vegetable farming
and improved grazing pasture. The remaining 3,467 acres are utilized for cattle
grazing,wood production and hunting.
The general slope of the entire area is approximately one foot per mile, sloping
from north to south. The west side of the property is lower in elevation than the
remainder. The general upland elevation of the site is 30-35 feet above sea level.
Wetland elevations are approximately 25 feet above sea level.
Habitats found on the property, as identified in the Environmental Impact
Statement, include cropland and pasture (FLUCFCS Code 210); pine flatwoods
(FLUCFCS Code 411), pine/oak/palm (FLUCFCS Code 414); live oak
(FLUCFCS Code 427); cypress (FLUCFCS Code 621); marsh (FLUCFCS Code
656) and wet prairie(FLUCFCS Code 823).
The Half Circle L Ranch is indicative of an agricultural operation engaged in
cattle operation and wood production. Natural areas and wood production areas
are scheduled for roller chopping and burning on a 2 to 3 year rotation. Tree
distribution patterns as well as the existence of numerous stumps and old piled
debris from "limbing" activities indicate prior timbering activities of seed tree
regeneration or shelter wood harvesting. Major roads, trails and fence lines on the
ranch are maintained and utilized for fire breaks for prescribed burning, general
access and wildlife planting areas.
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Special Treatment(ST) Overlay:
Section 2.2.24.1 of the Land Development Code states the purpose and intent of
the ST overlay district, and reads as follows: "Purpose and intent. Within Collier
County there are certain areas, which because of their unique assemblages of flora
and/or fauna, their aesthetic appeal, historical or archaeological significance, rarity
in Collier County, or their contribution to their own and adjacent ecosystems,
make them worthy of special regulations. Such regulations are directed toward the
conservation, protection, and preservation of ecological and recreational values
for the greatest benefit to the people of Collier County. Such areas include,but are
not necessarily limited to mangrove and freshwater swamps, barrier islands,
hardwood hammocks, xeric scrubs, coastal beaches, estuaries, cypress domes,
natural drainageways, aquifer recharge areas and lands and structures of historical
and archaeological significance. The purpose of this overlay district regulation is
to assure the preservation and maintenance of these environmental and cultural
resources and to encourage the preservation of the intricate ecological
relationships within the systems and at the same time to permit those types of
development which will hold changes to levels determined acceptable by the
Board of County Commissioners after public hearing."
Site Alteration as defined by the Land Development Code, included "Any
modification, change, or transformation of any portion of a lot or parcel of land
including, but not limited to, the removal, displacement or relocation of trees,
plants and vegetation, the addition, disturbance, or removal of earth materials; the
creation,retention, or relocation of drainage courses or water areas".
Section 2.2.24.2.3 of the Land Development Code includes the purpose of the
ACSC-ST overlay district, and reads as following: "The purpose of these
regulations is to conserve and protect the natural, environmental and economic
resources of the Big Cypress area." As required by state law, the Florida
Department of Community Affairs (DCA) has a 45 day appeal period for all
development orders issued within the Area of Critical State Concern.
Proposed Site Alteration:
Wetland habitats on the Half Circle L Ranch include cypress (FLUCFCS Code
621), marsh (FLUCFCS Code 641) and wet prairie (FLUCFCS Code 823).
Cypress on the property has been logged in the past and each parcel will be
evaluated and custom fit for a management prescription. Based on Best
Management Practices adopted by the State, there will be 10-30 seed trees left per
acre, with no clear cuts and a minimum of 200 feet between cut areas. In addition
a buffer strip of at least 250 feet will be maintained adjacent to marsh habitats.
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Upland areas classified as 411 and 414 have been managed for wood production
and are a continuation of prior forestry management practices. Based on
characteristics of the standing trees, approximately every 10-15 years, 30-60
percent of the standing trees were selectively harvested. The percentage of trees
removed in each classification was determined by the site characteristics and best
regeneration methodologies. No forestry operations have occurred or are planned
for the pine/oak/palm areas (427).
Preservation Requirements:
Bona fide agricultural uses are exempt from the County's native vegetation
preservation requirement provided that any new clearing of land for such
agricultural uses are not converted to nonagricultural development for at least
twenty-five years.
Listed Species:
Prior to conducting wildlife surveys, information concerning locations, densities,
status, listings and changes for listed species from the Florida Fish and Wildlife
Conservation Commission (FFWCC) and the U.S. Fish and Wildlife Service
(USFWS)were reviewed along with other related publications.
On-site reconnaissance was conducted twice a month during the months of
September, October, November and December of 1998. One visit would be from
approximately 7 am to noon, the other from 2 pm until sunset. A off road vehicle
was used to travel to all the major wooded pine stands, and pedestrian
investigations were made. Additionally, 2 night light surveys (8/1997, 6/1998) and
one aerial survey(7/1998)have also been conducted.
Listed species known to occur on the property include American alligator
(Alligator mississippiensis), Florida panther (Felis concolor coryi), and wood
stork (Mycteria americana). Other species identified by the FFWCC and USFWS
as potentially occurring on-site include Florida black bear (Ursus americanus
floridanus), red-cockaded woodpecker (Picoides borealis), Big Cypress fox
squirrel (Sciurus niger avicennia), little blue heron (Egretta caerulea), tricolor
heron (Egretta tricolor), Audubon's crested caracara (Polyborus nlancus
audubonii) and grasshopper sparrow(Ammodramus savannarum).
One bird rookery was observed on the property in a cypress area in Section 22.
Wood storks were seen in the rookery. The landowner plans to implement a
recommended buffer zone around the rookery area of approximately 2,000 foot, if
it is present and if it is active.
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As recommended by the Florida Fish and Wildlife Conservation Commission
(FFWCC), the landowner will require the foreman of the harvest crew to inspect
for any indication of red-cockaded woodpeckers (RCWs) and Big Cypress fox
squirrels. Trees exhibiting signs of either of these species will be excluded from
the harvest and reported to the Florida Fish and Wildlife Conservation
Commission. Those containing signs of red-cockaded woodpeckers will be
reported to the U.S. Fish and Wildlife Service as well.
Available information indicates suitable habitat for the Florida panther exists
throughout the project site and that radio-collored panthers have been documented
in the vicinity. The USFWS has commented on the project and do not envision
any substantial effects to Florida panther. In areas of selected harvest with the
maintenance of forested habitat, post harvesting potential to black bear and the
Florida panther are reduced, according to the Florida Fish and Wildlife
Conservation Commission. Correspondences from these agencies are included in
the Environmental Impact Statement.
Effects on other listed species are not anticipated due to the nature of the project.
VII. RECOMMENDATIONS:
Staff recommends approval of Special Treatment Permit No. ST-2002-AR-3457
"Half Circle"L"Ranch"with the following stipulations:
Environmental:
1. Petitioner shall comply with the guidelines and recommendations of the U.S.
Fish and Wildlife Service (USFWS) and Florida Fish and Wildlife
Conservation Commission (FFWCC) regarding impacts to protected species
on-site. A Habitat Management Plan for those protected species shall be
submitted to Environmental Services Department staff for review and
approval prior to issuance of an agricultural clearing permit.
2. This ST permit is subject to a forty-five (45) day appeal period by the Florida
Department of Community Affairs.
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PREPARED BY:
,A,‘'‘ /,/7 47(Z 1;
STEPHEN LENBERGER DATE
ENVIRONMENTAL SPECIALIST
ENVIRONMENTAL SERVICES DEPARTMENT
C . // 7 / 3
DAVID C. WEEKS, AICP DATE
CHIEF PLANNER
COMPREHENSIVE PLANNING SECTION
REVIEWED BY:
Lilt
Latij" 1/11/03
BARBARA S. BURGESO DATE
PRINCIPAL ENVIRONMENTAL SPECIALIST
ENVIRONMENTAL SERVICES DEPARTMENT
0 //' % /.,-L 0f-ZIL o3
,ft LIAM D. LO' ' Z, J ., P.E. DATE
E IRONMENTAL SERVICES DEPARTMENT DIRECTOR
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a)/(eAdiff / — �-3
MARGARE RSTLE, AICP DATE
PLANNING ERVICES DEPARTMENT DIRECTOR
APPROVED BY:
J SEPH K. HMITT AT
OMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES
ADMINISTRATOR
C: SUSAN MURRAY, AICP
CURRENT PLANNING MANAGER
a —
,� Item V.1
ENVIRONMENTAL ADVISORY COUNCIL
STAFF REPORT
MEETING OF FEBRUARY 5, 2003
I. NAME OF PETITIONER/PROJECT:
Petition No.: Planned Unit Development
No. PUDZ-2002-AR-3161
Petition Name: Naples Botanical Garden PUD
Applicant/Developer: Naples Botanical Garden, Inc.
Engineering Consultant: Hole Montes,Inc.
Environmental Consultant: Turrell and Associates, Inc.
II. LOCATION:
The subject property totals approximately 171 acres in size and is located at the
southwest corner of Bayshore Drive and Thomason Drive in Section 23,
P"-"N Township 50 South,Range 25 East, Collier County,Florida.
III. DESCRIPTION OF SURROUNDING PROPERTIES:
Surrounding properties include developed and undeveloped parcels. Most of the
land to the south of the subject property is undeveloped.
ZONING DESCRIPTION
N- R.O.W. Thomasson Drive
RMF-6 Partially Developed
C-3 Undeveloped
S - PUD (Collier DRI) Undeveloped
E - R.O.W. Bayshore Drive
C-5 Developed
RMF-6 Partially Developed
VR Partially Developed
RSF-3 Undeveloped
C-2 Partially Developed
RSF-4 Partially Developed
PUD (Collier DRI) Undeveloped
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W- R.O.W. Fern Street
PUD (Windstar) Developed
PUD (Southpointe Yacht Club) Developed
RMF-6 Partially Developed
C-3 Partially Developed
PUD (Collier DRI) Undeveloped
IV. PROJECT DESCRIPTION:
The petitioner is proposing a rezone the subject 171-acre site from C-3, RSF-3,
RSF-4, RSF-5, RMF-6, and Planned Unit Development (PUD) to PUD to be
known as Naples Botanical Gardens PUD consisting of a conservatory, education
center, exhibition gallery, nursery, and theater. It should be noted that 69+ acres
from the Collier Development Corporation(CDC)PUD/DRI shall be incorporated
into this PUD by removing the acreage from the present DRI into the Botanical
Garden PUD.
V. GROWTH MANAGEMENT PLAN CONSISTENCY:
Future Land Use Element:
The subject property is designated Urban (Urban - Mixed Use District, Urban
Coastal Fringe Subdistrict; as identified on the Future Land Use Map of the
Growth Management Plan. Relevant to this petition, the Urban Coastal Fringe
Subdistrict permits residential development (variety of unit types) at a base
density of 4 DU/A. This district is intended to accommodate a variety of
residential and non-residential uses, including mixed-use developments such as
Planned Unit Developments; parks, open space and recreational uses; and
community facilities.
Based upon the above analysis, staff concludes the proposed uses for the subject
site can be deemed consistent with the Future Land Use Element.
Conservation & Coastal Management Element:
The proposed project is consistent with Policy 6.1.1 for the following reasons:
1. Greater than 25 %of the existing native vegetation is being retained on-site and
set aside as preserve areas.
2. A preliminary restoration plan for the preserve areas is included in the
environmental impact statement. This plan will be finalized at the time of Site
Development Plan approval.
3. Connectivity of on-site preserve areas to adjoining wetlands systems is being
maintained.
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4. The majority of gopher tortoise habitat and xeric scrub are being retained on-
site.
5. Impacts to preserve areas will be minimized by meandering trails and
boardwalks around gopher tortoise burrows and existing native vegetation, to the
extent possible.
The project is consistent with Policy 6.1.4 in that an exotic vegetation removal
and maintenance plan will be required at the time of Site Development Plan
approval. A stipulation to this effect has been added to the PUD document.
The requirement for an Environmental Impact Statement pursuant to policy 6.1.7
has been satisfied.
Jurisdictional wetlands have been identified as required in Policies 6.2.1 and
6.2.2. Agency permits are required at the time of Site Development Plan approval.
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, the required preservation areas have been
identified on the PUD master plan. Allowable uses within preserve areas are
included in the PUD document.
A wildlife survey for listed species was conducted for the project and included in
the Environmental Impact Statement(EIS). In accordance with policy 7.1.2,
wildlife habitat management plans will be required at the time of Site
Development Plan approval. Copies of the EIS will be forwarded to the U.S. Fish
and Wildlife Service (USFWS) and Florida Fish and Wildlife Conservation
Commission(FFWCC) for their review and comment.
VI. MAJOR ISSUES:
Stormwater Management:
Naples Botanical Garden PUD is a 177.3 acre project located on the south side of
Thomasson Drive, east of Bayshore Drive. A 10.2 acre out-parcel is located on the
east side of Bayshore Drive, north of Pine Tree Drive. The site is located within
the Miscellaneous Coastal Basins. There is a County stormwater maintenance
facility adjacent to the east side of the out-parcel. The proposed drainage system
will be divided into three basins. The stormwater system will be designed to meet
n SFWMD and Collier County rules an regulations for a 25-year 3-day storm event
and for water quality. The discharge will be limited to 0.15 CFS/AC, and it will be
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/"•
directed to the south, which will ultimately reach the southernmost part of the
Lely Canal. Off-site flows will be conveyed through the existing marshes and
wetlands of the project.
Environmental:
Site Description:
The subject property is approximately 171.2 acres in size and vegetated with a
mixture of wetland and upland habitats. Native plant communities found on site
include palmetto prairie, coastal scrubby flatwoods, hydric and non-hydric pine
flatwoods, mixed wetland hardwoods, mangrove swamp, freshwater marsh and
saltwater marsh. Also on the property are several borrow pits, disturbed/cleared
areas and near monocultures of Melaleuca and Brazilian pepper.
Water levels in the wetlands were determined by examining high water mark
indicators on various trees throughout the property. These marks were then
compared to known benchmark elevations. The average high water level on the
site was determined to be approximately 3 feet NGVD.
The soils found on the project site are Immokalee Fine Sand (Unit 7), Pomello
Fine Sand (Unit 15), Basinger Fine Sand (Unit 17), Estero and Peckish Soils,
frequently flooded (Unit 53) and Urban Land Immokalee Oldsmar Limestone
Substratum Complex (Unit 34), the locations of which are identified in Exhibit#3
of the Environmental Impact Statement (EIS). Of these, Units 17 and 53 are listed
as hydric by the Natural Resources Conservation Service.
Wetlands:
South Florida Water Management District and U.S. Army Corps of Engineers
jurisdictional wetlands comprise approximately 78.8 out of 171.2 project acres
(about 46% of the site). Wetlands include hydric Brazilian pepper (FLUCFCS
Code 422), Melaleuca(FLUCFCS Code 422),mangrove swamp (FLUCFCS Code
612), mixed wetland hardwoods (FLUCFCS Code 617), hydric pine flatwoods
(FLUCFCS Code 625), freshwater marsh (FLUCFCS Code 641) and saltwater
marsh (FLUCFCS Code 642). Also on the property are about 8 acres of Other
Surface Waters.
The project as proposed will impact approximately 32.9 acres of wetlands (42% of
the wetlands on-site). Exhibit #4 in the EIS provides a complete acreage
breakdown by wetland type, impacts and preservation. In order to offset adverse
environmental impacts resulting from development activities, the development
,.� plan provides for preservation and restoration of the remaining wetlands on-site,
as well as preservation of upland habitat within and adjacent to the main wetland
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preserve. The main preserve is approximately 51.5 acres in size and comprised of
41.7 acres of wetlands and 9.8 acres of uplands. An additional 1.3 acre cypress
preserve will be retained in the northern portion of the project and another 3.5
acres (2.9 acres wetlands & 0.6 acres uplands) will be retained on the 10 acre
parcel located on the east side of Bayshore Drive. For details of the proposed
mitigation plan, see Exhibit#5 of the EIS.
The project design concentrates impacts in areas that have been previously or
historically impacted. Portions of the property have been used for nursery
operations and about 30 acres of the property were permitted for residential
development but after initial roadwork, no residences were constructed. The level
of Exotic vegetation infestation is heavy in many areas. All of the proposed
development will take place in impacted wetlands or uplands areas. The proposed
wetland preserve is contiguous on-site and the connection to off-site wetland areas
has not been disturbed. All pedestrian traffic through the wetlands will be via
raised boardwalks with handrails so that pedestrian impacts into the preserve areas
will be minimized.
Preservation Requirements:
Approximately 56.4 acres (32.9 % of the site) will be preserved as entirely native
habitat. Other areas not specified as preserve will largely remain vegetated,
however they will not be restored with entirely native vegetation.
Pursuant to section 3.9.5.5.3 of the Land Development Code, a minimum of 25 %
of the native vegetation on site (105.9 acres x .25 = 26.5 acres) will have to be
retained on site. Areas devoid of native vegetation or having greater than 75 %
canopy coverage of Melaleuca were excluded from the calculations.
Listed Species:
Coordination with state and federal wildlife agencies highlighted certain species
that could potentially utilize the site based on the vegetative communities present.
Special attention was given to observation or location of evidence of these
species. The federally listed species highlighted as potentially using this site
included Bald Eagle, Wood Stork, Scrub Jay, Indigo Snake, and American
Crocodile. The State listed species highlighted as potentially using this site
included Bald Eagle, Wood Stork, Scrub Jay, Indigo Snake, American Crocodile,
and Gopher Tortoise.
Aerial photographs and a FLUCCS map were consulted and areas of specific
interest were identified prior to arriving on-site. A system of meandering
,.� transects were followed throughout the subject area. Fieldwork took place in July,
August, October,November, and December 2000, and February,March, June, and
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August 2001. A total of 72 hours has been spent on site devoted to this wildlife
survey. Field time was spent in at least 2 '/2 hour blocks during early morning
(sunrise), mid-morning (9-12), mid-day (12-3), late afternoon (3-6), and evening
(sunset).
During the survey period the only federally protected species observed were the
Bald Eagle and the Wood Stork. An active eagle nest was located on the site and
the parent birds fledged one hatchling in 1987-88 and then abandoned the nest. It
fell out of the supporting Australian pine tree in 1992 and no known nesting has
taken place on the property since then. The closest known active eagle nest is
located approximately 0.5 mile southwest of the property.
The Wood storks observed during the survey period were seen foraging in the
ditch adjacent to the property along Fern Street.
There were several State protected species observed on the subject site. The use of
the majority of the development area as garden spaces will also provide preserve
areas and lake shoreline areas that will continue to support the wading bird
utilization of the site. A total of 132 active and 95 inactive gopher tortoise
burrows are located on site. All located gopher tortoise burrows were marked with
r-� surveyor's tape for later GPS location. The garden planners will take into account
the gopher tortoises present and plan the areas appropriately to provide habitat and
protection for the resident population. The majority of the tortoise population area
will be preserved as native habitat with only pedestrian pathways through it.
Relocation of gopher tortoises is not proposed.
VII. RECOMMENDATIONS:
Staff recommends approval of Planned Unit Development No. PUDZ-2002-AR-
3161 "Naples Botanical Garden PUD"with the following stipulations:
Stormwater Management:
1. This project must obtain a surface water management permit from the South
Florida Water Management District.
2. Collier County Stormwater Section will review and approve the stormwater
system.
Environmental:
No additional stipulations.
EAC Meeting
Page7of8
PREPARED BY:
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STAN CHRZANOWSKI. P.E. DATE
ENGINEER SENIOR
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=so_ . . ADARMES MINOR. P.E. DATE
ENGINEER SENIOR
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ST PHEN LENBERGER DATE
ENVIRONMENTAL SPECIALIST
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RAY all ND V. BELLOWS DAT
CHIE PLANNER
REVIEWED BY:
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BARBARA S. BURGESON DATE
PRINCIPAL ENVIRONMENTAL SPECIALIST
EAC Meeting
Page 8 of 8
PllaoLs- ,a 3
THOMAS E. KUCK, P.E. DATE
ENGINEERING SERVICES DEPARTMENT DIRECTOR
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W,I TAM D. LO' /Z, Jr., .E. DATE
ENVIRONMENTAL SERVICES DEPARTMENT DIRECTOR
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MARGARE II' ERSTLE, AICP DATE
PLANNING RVICES DEPARTMENT DIRECTOR
APPROVED BY:
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• EPH K. 'CHMITT fATE
IMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES
• DMINISTRATOR
C: SUSAN MURRAY, AICP
CURRENT PLANNING MANAGER