Loading...
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 EAC Meeting Page 2 of 9 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. EAC Meeting Page 3 of 9 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. EAC Meeting Page 4 of 9 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. EAC Meeting Page 5 of 9 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. EAC Meeting Page 6 of 9 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. EAC Meeting Page 7 of 9 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. EAC Meeting Page 8 of 9 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 EAC Meeting Page 9 of 9 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 EAC Meeting Page 2 of 8 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. EAC Meeting Page 3 of 8 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 EAC Meeting Page 4 of 8 /"• 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 EAC Meeting • Page5of8 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 EAC Meeting Page6of9 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: fri a Z ►, 4 r �' .. I ..TAN 03 STAN CHRZANOWSKI. P.E. DATE ENGINEER SENIOR V. - /- .1. _.,___„Az4,,,..„ .21 ,;.ecr..?i =so_ . . ADARMES MINOR. P.E. DATE ENGINEER SENIOR ,-/ ‘d ill” 0 1/2a)T ST PHEN LENBERGER DATE ENVIRONMENTAL SPECIALIST . 72i-------_______ / 2r03 RAY all ND V. BELLOWS DAT CHIE PLANNER REVIEWED BY: 8ctithait6-A. L-taizetp____ /-22.-a3 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 f � , el' ZZ-o'S W,I TAM D. LO' /Z, Jr., .E. DATE ENVIRONMENTAL SERVICES DEPARTMENT DIRECTOR ' )k - 0,14( t,fljk- 1 -2-3—J3 MARGARE II' ERSTLE, AICP DATE PLANNING RVICES DEPARTMENT DIRECTOR APPROVED BY: /' 4 , , ..,_ .,/6.3 • EPH K. 'CHMITT fATE IMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES • DMINISTRATOR C: SUSAN MURRAY, AICP CURRENT PLANNING MANAGER