EAC Agenda 03/05/2003 ENVIRONMENTAL ADVISORY COUNCIL
AGENDA
March 5, 2003
9:00 A.M.
Commission Boardroom
W. Harmon Turner Building (Building "F")—Third Floor
I. Roll Call
IL Approval of Agenda
III. Approval of February 5, 2003 Meeting Minutes
IV. Land Use Petitions
A. Planned Unit Development Amendment No. PUDA-2002-AR-2240
Development of Regional Impact No. DRI-86-1
"Twelve Lakes PUD/DRI"
Section 4, Township 50 South, Range 26 East
B. Conditional Use Petition No. CU-2002-AR-3142
,.� "North Naples Regional Park"
Section 30, Township 48 South, Range 26 East
C. Planned Unit Development No. PUDZ-2003-AR-3569
"North Naples Research and Technology Park"
Section 10, Township 48 South, Range 25 East
V. Old Business:
VI. New Business:
LDC amendments
VII. Council Member Comments
VIII. Public Comments
IX. Adjournment
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Council Members: Please notify the Environmental Services Department
Administrative Assistant no later than 5:00 p.m. on February 28, 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.
February 5, 2003
r� a TRANSCRIPT OF THE MEETING OF
THE ENVIRONMENTAL ADVISORY COMMITTEE
NAPLES FL February 5,2003
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 Building"F"of the Government Complex,East Naples,Naples FL,with
the following members present:
Members: Thomas Sansbury
Michael G. Coe
Erica Lynne
Alexandra Santoro
Michael Sorrell
John Dowd
Ken Humiston (arrived at 9:10 AM)
Collier County: Bill Lorenz,Barb Burgeson,Stan Chrzanowski,Patrick White,
Stephen Lenberger,Ray Bellows
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February 5, 2003
,-� THE ENVIRONMENTAL ADVISORY COMMITTEE
Government Complex,Building"F"
3301 Tamiami Trail
Naples,FL
9:00AM
Minutes
February 5,2003
Chairman Thomas Sansbury called the meeting to order at 9:00am.
Attendance:
Members: Thomas Sansbury,Michael G. Coe,Erica Lynne,Alexandra Santoro,John
Dowd,Michael Sorrell,Ken Humiston
-Ed Carlson had an excused absence.
r1
Collier County: Bill Lorenz,Barbara Burgeson, Stephen Lenberger, Stan Chrzanowski,
Patrick White,Ray Bellows
II. Approval of Agenda
-Barbara Burgeson added an item titled Current Events.
III. Approval of Minutes
-Alexandra Santoro moved to approve the minutes of January 8,2003. It was seconded
by Mr. Coe. All were in favor;the motion passed unanimously, 6-0.
III. Land Use Petitions
A) Special Treatment Petition No.ST-2002-AR-3457
"Half Circle"L"Ranch"
Sections 13, 14, 15,22,23,24,26, & 27
Township 46,Range 30 East
-There were no ex parte disclosures.
-Mr. White swore in all those who would be testifying.
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February 5, 2003
-Mr. Lenberger,Environmental Services Department, reviewed the facts in the
petition. It was a special treatment petition. A visualizer was to show that the
property covered about 8 sections of land and was located about 5 miles East of
Immokalee. A zoning map was used to show that one of the subject properties were
zoned agricultural with a mobile home overlay and located in Big Cypress. An aerial
was shown to display the sections of land. Some of the properties were currently in
agricultural zoning with row crops and pasturelands. The remainder of the property
was wooded with different kinds of habitats. A flux map was used to show improved
pasture,row crop activity, marsh and cypress habitats. There is quite a bit of pine
and cypress in the area. The applicant wanted to harvest the pine and cypress in a
long-term sustainable basis. The applicant requested to harvest the lumber on site
and leave seed trees. The applicant decided not to clear cut areas but leave the seed
trees for regeneration. Best management practices by the state will be adopted.
Listed species that were known to be on the property are wood stork,Florida Panther,
American Alligator, and one bird rookery was identified in a cypress area on the west
side of the property. They requested technical assistance from the wildlife agencies.
The agencies recommended a buffer zone around the rookeries and the wood stork
colonies. The distance recommended is 2,000 feet. Black Bears are also believed to
occur on the site. The agencies believe that without clear cutting and the leaving of
seed trees there will be little impact on the black bears and panthers. The agencies
recommended to the Foreman of the logging crew, that he inspect harvestable trees
for evidence of RCW's and Fox Squirrels. If found, they are to be reported.
-Mr. Sansbury believed that his employer may own property adjacent to the site. He
abstained from voting on the matter and filled out the appropriate form.
-Michael Ramsey,environmental consultant, stated that they were proposing to
continue an existing site of forestry management. The site had been practicing for
the last 40-50 years.
-Mr. Coe asked what would happen if a RCW site was found. Mr. Ramsey stated
that the crews were trained on what to look for when reviewing the site for the
indicator. They would then contact the consultant and move to another site. Mr.
Cutchall added that operations would be halted immediately. He explained that if
evidence was found the buffer would be 1/4 mile around the site.
-Mr. Coe made a motion to approve. It was seconded by Mr. Sorrell. All were in
favor; the motion passed unanimously, 6-0. (Mr. Sansbury abstained from voting).
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February 5, 2003
B) Planned Unit Development No.PUDZ-2002-AR-3161
"Naples Botanical Garden PUD"
Section 23,Township 50 South,Range 25 East
-Ex Parte Disclosures:
-Mr. Sansbury stated that his employer has no financial interest in this petition.
His employer serves on the board for the Naples Botanical Gardens. Mr.
Sansbury has worked with the staff of Naples Botanical Garden and advised them
on matters concerning the gardens. His staff has advised them as well. He added
that he did not believe there was any benefit to himself or his employer.
-Erica Lynne stated that she belonged to two groups, Collier County Fruit
Growers and The Native Plant Society. The groups have heard presentations on
the gardens and Erica Lynne added that she has had casual conversations on the
matter.
-Mr. White suggested that Mr. Sansbury should abstain from voting due to an
"appearance of conflict". Mr. Sansbury concurred, abstained from voting, and
filled out the appropriate form.
-Mr. White swore in all those testifying.
-Ray Bellows, Chief Planner with the Planning Department, discussed the
petition. He stated the petition was a request for a rezone of 171 acres. The
applicant was proposing the Naples Botanical Gardens, which would consist of
conservancies, educational centers, exhibit gallery, nurseries, and a theater. The
visualizer was used to show that the site was located on the west corner of
Bayshore Drive and Thomasson. The Bayshore drive overlay allows for mixed
uses. On the future land use map the site is located on the urban coastal area and
the Bayshore Drive overlay. This district allows for conservancies and other
mixed uses of a similar nature, along with residential units with a density of 3
units per acre. The project is consistent with this. Currently there is an existing
shopping center that would be incorporated into this project. The access points
and overflow parking points were located on the maps.
-Mr. Lenberger,Environmental Services, stated that the subject property was
—171 acres. It has a mixture of vegetative communities including disturbed areas.
A map was used to show the disturbed portion of the property, marsh areas,
cypress areas, oak scrub areas, and Gopher Tortoise burrows. An aerial was used
to locate the same areas. The property has —79 acres of wetlands; —46% of the
site. The project will impact—33 acres of wetlands. Mitigation for the impact
will be upland compensation along the perimeters of the wetlands being retained,
as well as the interior including some uplands, and enhancement to the preserve
area. The scrub areas, pine Flatwoods, and gopher tortoise areas will be retained
on site. There was an eagle nest on site, but in 1992 the nest fell out of a tree.
Now the closest known active nest is about a ' mile south of the first site on the
southwest end of the property. There are 132 active gopher tortoise burrows and
92 inactive on site. None are proposed to be relocated but will be incorporated
into the gardens and preserve areas. Wood storks and herons will be able to
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February 5, 2003
continue utilizing the site. The petitioner provided an exhibit to show how the
site connects to neighboring properties.
-Alexandra Santoro asked if the lakes would incorporate a lot of the wetland
wildlife that would be impacted from the wetland impacts. Mr. Lenberger stated
that there are minimum requirements. Robert Duane, on behalf of the applicant,
stated that they would substantially succeed the minimum LDC requirements.
-Alexandra Santoro made a motion for approval. It was seconded by Mr. Coe.
-Mr. Sorrell asked for clarification on the archeological survey. Mr. Hall, Terrell
and Associates, stated that they had an outside consultant do a phase 1 survey.
They found out there was a burial site on the SW end of the property. They tested
the four target areas and found two potential sites, both were in areas of preserve
that were being proposed to be left as native. They are trying to incorporate the
northern site into the educational program. There was a recommendation to leave
a 100-foot buffer around the sites once they determine the size. He explained that
they are not proposing to change or alter the sites, and they want to use one of the
sites for educational purposes.
-The motion was recalled. All were in favor; the motion passed unanimously,
6-0. (Mr. Sansbury abstained from voting).
-Tom Berger, Vice President of Naples Botanical Gardens, provided some
information on the proposed project. They believe this garden will attract visitors.
They have received grants from the state of Florida and the TDC, which have
allowed them to do what they have so far and do significant site preparation.
They are currently in the permitting and zoning process, on tract the approvals
should be in by the end of the year and they would be able to start construction in
early 2004. They are involving groups in the county for support.
-Mr. Coe suggested that they approach girls and boy scouts. Mr. Berger stated
that was a good suggestion. They have been in contact with the boys and girls
club to see if a partnership was possible and discuss what they had to offer to the
program.
-Mr. Sorrell asked how many visitors they believe they will have on an annual
basis. Mr. Berger stated they estimate 180,000 people annually, the same as the
zoo. They hope this number would be achieved in 3 years.
IV. Old Business
-There was no old business to discuss.
V. New Business
A) Hazardous Waste in Cemeteries
-Barbara Burgeson informed the committee that they had contacted other staff
members to see if there were any additional environmental issues that anyone was
aware of. They contacted the pollution control department and several staff
members that were familiar with the project. They were not aware of any new
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February 5, 2003
environmental issues or concerns. Ray Smith was to be present if there were any
concerns. Barbara Burgeson stated that since he was not there, she believed he
saw no concerns or new information for them to discuss.
-Mr. Coe asked if there were any wells near that cemetery project. Stan
Chrzanowski stated that there were no county or city well fields near the site. Mr.
Coe asked if they began putting bodies into the ground. Mr. Bellows replied that
the PUD and site plan were approved. The approval required the owner to do
water monitoring of the wells, to test for formaldehyde and other chemicals used
in the process. The first water monitoring report had been done. They have
begun putting bodies into the ground.
B) Implementation Activities for the GMP Amendments
-Bill Lorenz, Environmental Services Director, provided the committee with an
update on where they are in the GMP amendment implementation. He stated that
Carlton Fields was hired as a consultant for the implementation. Other planning
and legal consultants will be hired as needed. They hope that in late February the
contractual services will be ready. The administrative hearing on the rural fringe
challenge has been concluded. They expect a final order by April or May. If a
favorable resolution is attained, then the rural fringe amendments will be effective
shortly thereafter. If the decision is unfavorable, then the schedule will be
changed. The eastern lands is currently in effect, there were no challenges. There
are two efforts in the eastern lands implementation, the stewardship credit
program and the stewardship receiving areas. They hope that the details will be
worked out and the stewardship credit program will be implemented in the LDC
amendments by the first cycle. They also are planning to work out the masterplan
details and expect to incorporate the stewardship receiving areas in the last
amendment cycle of this year. There has been discussion about having three
cycles this year for the LDC amendments. The countywide LDC amendments are
currently in effect. The rural fringe, subject to the challenge, would not be
completed until January of 2004. They may have more time from a scheduling
standpoint depending on when the judgment on the challenge is rendered. There
are a number of other details that staff will be working on as part of the rural
fringe amendments, that staff has put on hold due to the challenge.
VI. Current Events
A) NGALA
-Barbara Burgeson provided a handout that listed what is not permitted on any
parcel that would potentially become a sending area. This was not site specific
and was subject to the final order due to the challenge of the rural fringe. She did
not comment on the possible conditional uses that may be applied for since the
application had not yet been submitted. When it comes in, it will be reviewed
under the allowable final order conditional uses, and at whatever time in the
future that the administrative hearing comes to conclusion, then they may need to
review.
-Mr. Coe asked when the first deadline was for NGALA to submit their
application. Barbara Burgeson stated that she believed it was sometime in late
September. She knew of two dates that they had extended for deadlines. Mr. Coe
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February 5, 2003
stated that he believed that deadlines were missed at least by 60 days. He wanted
to know at what point code enforcement would become involved. Barbara
Burgeson stated that she is not familiar with the three items that were not
environmental code enforcement cases, but the case that was on environmental
issues had an extension date of November 30, and beyond that she was unaware
of any other extensions. Mr. Coe asked if they had a public hearing with the
county staff and why it was considered insufficient. Barbara Burgeson stated that
it did take place but Mr. Coe would need to ask the planner. She believed it was
insufficient due to some kind of error in advertising.
-Mr. Coe proposed that staff be asked to write up stiff regulations to ensure that
something like this cannot happen again. His concern is that this has been
delayed so much that it can't go before code enforcement until March. Mr. White
stated that the code enforcement board will be hearing this case at the end of the
month. He also gave the committee information on recent cases of selective non-
enforcement of particular provisions,in respect to the recent sign workshop. He
explained that there is no means by which staff can be compelled to, in particular,
prosecute one type of violation, one regulation, or series of regulations as opposed
to another. This discretion is left to the chief executive officer of the local
government. He urged the committee to consider that there really is no way that
they can compel local government to enforce a particular regulation. His concern
was that if staff was directed to perform a duty in this manner, then their chain of
command would be challenged and a sensitive area would be upset. He cautioned
that this request would upset the chain of command and the discretion of the
county managers office would be challenged.
-Mr. Coe asked if it was correct that Joe Schmitt did not have the authority to shut
down an operation that is doing something against the regulations of the LDC.
Mr. White replied that absent an extreme public health safety and welfare danger
or life hazard, he believed it would be an improper exercise of the procedures that
allow the county manager that type of enforcement. He has recommended to
officials that have sought to take this kind of action, that whenever possible allow
it to go through the courts. He added that in this case they haven't seen anything
that rose to the level of public danger, if there had been then those actions to go to
the courts would have taken place. Mr. Sansbury informed Mr. Coe that this was
going through the process and although it may not be moving as fast as they
would like it to, it still has to go through the process. He did not believe they
could tell staff to do anything other than let this go through the process and
express their feelings on the matter.
-Mr. Coe stated that his point was to have staff draft something to properly
support the LDC amendments. Mr. Sansbury pointed out that Mr. White was
saying that he doesn't believe this is something that can be done. Mr. Sansbury
did not agree that staff should be working on this.
-Alexandra Santoro stated that she would like information on the status, especially
• from the code enforcement officers. She also stated that she wanted research on
exactly what the process is for the county to enforce and all the various
alternatives. Mr. Sansbury agreed that this was a good request and felt it would
be very informative. Barbara Burgeson stated that she would place a presentation
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February 5, 2003
r-� on this for the April meeting since March was a full agenda. Mr. White added
that he would be willing to work with staff to provide information on the
regulatory fabric of the LDC, violations, and statutes. Barbara Burgeson and Mr.
White agreed to get the information together in a packet for discussion at the
April meeting.
B) Conservation Collier Program
-Barbara Burgeson stated that there were 54 applicants submitted for the nine
positions. This will be on the BCC agenda in February. They expect the project
to have a county staff person from the environmental division by the end of
March. They expect that board to meet in April or March. She will update
monthly on this item. Staff is currently drafting a letter. Staff has begun a
process to determine which parcels in the Collier county urban area have greater
than 50% vegetative cover. They have chosen to initially identify the parcels that
are 50% and larger; 28 parcels. Staff will be sending a letter to the owner of these
properties informing them that the county may be interested in purchasing the
parcel and requesting them to contact the county if they are interested in selling.
Mr. Lorenz corrected Barbara Burgeson and stated that in the urban area they are
locating parcels with 10 acres or greater with vegetative groundcover.
-Mr. Sorrell asked if it was willing seller only or eminent domain. Mr. Lorenz
stated that it would be willing seller only. Barbara Burgeson stated that it went
into the ordinance as willing seller only so that they could not proceed in any
.-� other manner in the future.
C)Jesse Harding Case
-Mr. Sorrell asked for details on the Jesse Harding case and the spending of
money from the roads. Mr. Lorenz stated that the county manager established a
task team with the transportation services staff to evaluate the situation. This task
force will be able to provide more information on the situation in the future.
-Mr. Coe gave a brief description of the case. He stated that Jesse Harding was a
long-term residence and originally wanted to mine the area for dirt. This was
against what he was permitted to do on the land. He then hired someone to come
in and change his plan. The new plan was to put in five commercial fishing
ponds. The EAC approved this predicated upon the county checking on it after a
five-year period to make sure that the operation was a fish farm and not a mining
operation. He understood that the county was now using the dirt from this
operation and asked if anyone from the county has gone out to see if there is a
chance of having a commercial fishing operation. Mr. Chrzanowski stated that
his did not believe that an inspector had gone out in the last few months. He
added that they spoke with Jesse Harding and he came in to renew his bond. Mr.
Harding is only allowed to do one lake at a time and then it must be fished before
he can start another lake, therefore there is no chance that he can do all 5 lakes at
once.
-Mr. Sorrel stated that he was a member of the division of forestry and he went to
this site about 4-5 days ago, to see if they could camp on the site. He informed
the committee that the lake that was initially built and is closest to Mr. Harding's
house is currently stocked. This lake was originally on the site, but Mr. Harding
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February 5, 2003
enlarged it. The lake that Mr. Harding is currently working on is 5-6 acres. Mr.
Sorrell reported that Mr. Harding expressed intentions to complete the project and
donate the land to the county with his name on it.
-Mr. Chrzanowski noted that they have had people out to inspect the land in the
past, nothing unusual was reported. Mr. Chrzanowski stated that he has been
invited out to the site and he will go before the next meeting and report back. Mr.
Coe expressed an interest in going with him.
D)-County wide environmental codes and policies
-Barbara Burgeson stated that copies of the new codes and policies would be
mailed to the EAC for review. She urged them to contact staff with any
questions.
E)Eagle's Nests
-Barbara Burgeson reminded the committee that they had reviewed the Audubon
eagle as a part of a plat with a required PIS. They have an eagle management
plan that identified at the original site of the eagle's nest. The eagle has since
moved closer to where the building of home sites was to take place. The bald
eagle management plan for this site is now undergoing amendments. They are
requesting an exception to the 750-foot primary zone. Staff is expecting a
response from Fish and Wildlife in the next week. She added that staff would not
make an exception to the 750-foot primary zone without the federal agency doing
so first and putting it in writing. Staff would also review it exception, if granted,
to see if there were any modifications to be made. Staff does not expect the
,-� federal agency to make an exception.
-Barbara Burgeson then discussed the Cocahatchee Eagle. She explained that this
also went through review of this board a few years ago. The applicant is
submitting a request through the army corps permit modification to remove the
nest in order to place it on a platform in another area. The hope is that the eagle
would move to the new area and nest and they would be able to construct the
high-rise buildings on their masterplan. Barbara Burgeson stated that she spoke
to Fish and Wildlife, who does not expect the federal agency to approve this. If
this was done it would be in violation of the applicant's approved PUD and their
existing eagle management plan from the county. This proposal may come back
before the EAC in the future.
VII. Council Member Comments
-Alexandra Santoro mentioned that at one point the committee had discussed a
"Rookery Bay" type of legislation. She suggested that a sub-committee be
formed. Barbara Burgeson stated that on a staff level they were working on some
legislation that would provide a buffer or details on the types of buffers that
would be located around state and federal preserves, OFW's, and other types of
properties requiring this type of protection. She had spoken with environmental
staff at the interagency meeting last month, and they have concerns about what
has gone up around Estero Bay and the Rookery Bay area. They would be
interested in some kind of protection being drafted into legislation.
-Mr. Coe was concerned about moving fast enough so that the legislation is in
effect before they have to deal with a builder. Barbara Burgeson replied that they
Page 9
February 5, 2003
want to make sure they research this thoroughly and a sub committee would be
helpful with this research. Mr. Lorenz agreed.
-Alexandra Santoro,Erica Lynne, and Mr. Coe expressed an interest in the being
a part of the subcommittee. Alexandra Santoro stated that she would be interested
in input from Rookery Bay and the Conservation. Mr. Lorenz stated that he
would assign a staff member to be a coordinator for the subcommittee and they
would have the ability to add time for other agencies to speak on the matter.
-The next meeting is March 5, 2003.
VIII. Adjournment
-There being no further business for the good of the County, the meeting was
adjourned by order of the Chair at 10:32 AM.
Page 10
Item IV./
ENVIRONMENTAL ADVISORY COUNCIL
STAFF REPORT
MEETING OF MARCH 5,2003
I. NAME OF PETITIONER/PROJECT:
Petition No.: Planned Unit Development Amendment
No. PUDA-2002-AR-2240
Development of Regional Impact
No. DRI-86-1
Petition Name: Twelve Lakes PUD/DRI
Applicant/Developer: Centex Homes
Engineering Consultant: WilsonMiller, Inc.
Environmental Consultant: WilsonMiller, Inc.
II. LOCATION:
The subject property is an undeveloped 262.3 acre parcel located approximately
one mile west of the intersection of Davis Boulevard (State Road 84) and Collier
Boulevard (County Road 951) in Section 4, Township 50 South, Range 26 East,
Collier County, Florida. The property is bounded by Radio Road on the north and
by Davis Boulevard to the south.
III. DESCRIPTION OF SURROUNDING PROPERTIES:
Surrounding properties are mostly developed with the following zoning
classifications.
ZONING DESCRIPTION
N- R.O.W. Radio Road
PUD (Green Heron) Partially Developed
S - R.O.W. Davis Boulevard
PUD (Naples Heritage Golf& Partially Developed
Country Club)
E - RMF-12(8.9) Developed
RMF-12(7) Undeveloped
R.O.W. Davis Boulevard
EAC Meeting
Page 2 of 9
W- PUD (Sabal Lakes) Developed
PUD (Wildwood Estates) Partially Developed
IV. PROJECT DESCRIPTION:
The petitioner is requesting an amendment to the Twelve Lakes PUD for the
purpose of updating the Master Plan and revising the development standards. The
subject property is an approved PUD/DRI and was approved in 1987,prior to the
adoption of the 1989 Growth Management Plan(GMP). During implementation
of the Zoning Reevaluation Ordinance(ZRO), in 1990 - 1991,both the
commercial and residential components of this PUD were deemed to be "exempt",
due to its status as a DRI.
The primary proposed change is a reduction in the number of approved residential
units from 1,310 to 1,000. This reduction would also have the affect of reducing
the project density from 5 units per acre to 3.98 units per acre. Other changes
include:
Updating references within the PUD document regarding local government
agencies.
Adding provisions allowing the project to establish a community development
district(CDD).
Amending development standards to be consistent with current County design
standards.
Adding churches, childcare centers and"accessory uses" to the list of permitted
uses within the residential district of this PUD.
Adding professional and medical offices to the list of allowed uses within the
project's commercial district.
Eliminating a previously proposed supermarket, Establishing commercial space to
be limited to 112,500 square feet, and Increasing preserve and open space acreage.
V. GROWTH MANAGEMENT PLAN CONSISTENCY:
Future Land Use Element:
The Twelve Lakes Development is located within the Urban-Mixed Use District,
Urban Residential Sub-district, as identified on the Future Land Use Map (FLUM)
of the Collier County Growth Management Plan(GMP). Relative to the petition,
the purpose of the sub-district is to "provide for higher densities in an area with
fewer natural resource constraints and where existing and planned public facilities
are concentrated." Residential density within the Sub-district is governed by the
County's Density Rating System(DRS), and may not exceed 16 units/acre, except
in accordance with the Transfer of Development Rights Section of the Land
EAC Meeting
Page 3 of 9
Development Code(LDC). In proposing to reduce the number of residential
units, the project is consistent with the density rating system of the GMP, in that
the base density for the urban residential sub-district is 4 units/acre, and the
proposed density of the project is 3.98 units/acre.
As noted above,the currently approved project was deemed exempt from the ZRO
process,therefore, the approved project is found to be consistent with the GMP, as
provided for in Policies 5.1 and 5.10 of the Future Land Use Element(FLUE).
Policy 5.1 states that projects approved prior to the adoption of the 1989 GMP are
to be designated on the Future Land Use Map Series as being "Properties
Consistent by Policy." Zoning changes can be permitted on such properties,
consistent with Future Land Use Element criteria,provided that "the amount of
commercial land use, industrial land use,permitted number of dwelling units, and
the overall intensity of development allowed by the new zoning district... are not
increased." Policy 5.10 states that properties with vesting from pre-plan approvals
are considered(in the FLUM Series)to be "Properties Consistent by Policy." The
Twelve Lakes Development is also an approved Development of Regional Impact
(DRI), and therefore the Southwest Florida Regional Planning Council
(SWFRPC) and the Florida Department of Community Affairs (DCA)must
review the proposed changes. Based upon the above analysis, this petition is
consistent with the GMP.
Conservation & Coastal Management Element:
The proposed project is consistent with Policy 6.1.1 in that greater than 25 %of
the existing native vegetation will be retained on-site, and set aside as preserve
areas with conservation easements prohibiting further development. These
preserve areas emphasize the protection of wetlands in a large contiguous area, in
accordance with this Policy.
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/Construction Plan submittal. A stipulation to this effect is included in the
PUD document.
The requirement for an Environmental Impact Statement(EIS)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 prior to Site Development Plan/Construction
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
EAC Meeting
Page 4 of 9
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 are identified on
the PUD master plan. Allowable uses within preserve areas have been included in
the PUD document.
A wildlife survey for listed species has been conducted on the site and included in
the Environmental Impact Statement(EIS). In accordance with policy 7.1.2,
wildlife habitat management plans will be required prior to Site Development
Plan/Construction 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:
Twelve Lakes PUD is a 262.3 acre project located on the south side of Radio
Road,north of Davis Boulevard, approximately one mile west of Collier
Boulevard. The site is located within the Lely Canal Basin, at its northernmost
part. There are no County stormwater maintenance facility adjacent to the site at
the present time. The proposed drainage system will be divided into three basins.
The stormwater system will be designed to meet SFWMD and Collier County
rules and regulations for a 25-year 3-day storm event and for water quality. The
discharge will be limited to 0.06 CFS/AC, and it will be directed to the southwest
property corner,where the County will be placing a culvert connecting to the
Davis Blvd. ditch.
Environmental:
Site Description:
Native habitats on the subject property include hydric and non-hydric pine
flatwoods, mixed pine and cypress, and shrub marsh. Also on-site are disturbed
areas and areas dominated by exotics.
Seasonal high water levels in representative portions of the wetlands on-site were
determined using remote well data information as well as hydrobiological
indicators, including water stain lines, moss collars and lichen lines. The average
seasonal high water elevation in the major wetland on-site is 10.3 feet NGVD.
Existing ground elevation in this area is approximately 9.6 feet NGVD.
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Page 5 of 9
According to the Collier County Soil Survey prepared by the Natural Resources
Conservation Service (NRCS), two soil types occur on the property. These are
Pineda fine sand, limestone substratum (Unit 14) and Boca fine sand (Unit 21).
Soil Map Unit 14 is listed as hydric by the NRCS. A map identifying the locations
of the soils on-site along with descriptions for each of the soils are included in the
environmental impact statement(EIS).
Wetlands:
Of the 262.29 acre project site, 147.86 acres (56.4 %) have been determined to be
South Florida Water Management District (SFWMD)/Collier County
jurisdictional wetlands. Jurisdictional wetlands on-site consist mainly of hydric
pine flatwoods and pine-cypress forested systems.
The project as proposed will impact approximately 59.5 acres (40 %) of the
jurisdiction wetlands on-site. Impacts to jurisdictional wetlands will be
compensated by preserving and enhancing 88.36 acres of wetlands and 11.04
acres of uplands on-site, and by purchasing credits from a regional mitigation
bank. Enhancement of the preserve area will include eradication of exotic
vegetation, primarily Melaleuca and Brazilian pepper, and hydrological
enhancement of the preserve lying west of the proposed thru-road. The preserve
area east of the thru-road will not be controlled by water management features and
will retain its existing hydrology. The petitioner has estimated that approximately
16 credits from a mitigation bank will be needed to help off-set impacts to
jurisdictional wetlands.
Preservation Requirements:
As required in section 3.9.5.5.3 of the Land Development Code, twenty-five
percent of the existing native vegetation will have to be retained on-site.
Excluding previously cleared areas, there are approximately 234.1 acres of native
vegetation on the property, of which a minimum of 58.5 acres are required to be
retained on-site. Areas infested with Melaleuca were included in these
calculations since they were not assessed for percent canopy coverage of
Melaleuca pursuant to Policy 6.1.1 Conservation and Coastal Management
Element of the Growth Management Plan.
Listed Species:
WilsonMiller ecologists conducted a survey specifically to document current on-
site red-cockaded woodpecker (RCW) activity. The survey also included
observations to document other state and federally listed species on the property.
RCW-specific observations were conducted on September 13, 14, 17, 18, 19, 20,
21, 24, 25, 26, and 28, 2001, on October 2, 2001 and on July 10, 11, 15, 16, 17,
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Page 6 of 9
18, 19, 22, 23 and 24, 2002. These surveys constitute more than 132 man-hours in
the field.
The Twelve Lakes property has a history of documented red-cockaded
woodpecker (Picoides borealis) usage since they were first recorded on the site in
1990. Numerous RCW surveys have been performed since this time (see EIS).
The last documented sighting of an RCW on the project site was in 1998, when a
single bird was observed. Since this time, several informal observations and an
RCW-specific survey by WilsonMiller ecologists, was performed on and adjacent
to the property. These activities documented no RCW utilization of either the
Twelve Lakes property or the once active cavity tree in the preserve on the
Wildwood Estates property, suggesting that the birds may have relocated to
another area.
Two listed animal species were documented to occur on the property. These are
gopher tortoise (Gopherus polyphemus) and Big Cypress fox squirrel (Sciurus
niger avicennia).
The gopher tortoise is listed as a Species of Special Concern by the Florida Fish
and Wildlife Conservation Commission (FFWCC). A gopher tortoise specific
survey was performed on the property on December 21, 2001, and January 4 and
14, 2002. Approximately 20 field hours were spent on the gopher tortoise survey.
Results of the survey indicate that there are six gopher tortoise burrows (two
active and four inactive burrows), each located in the northern upland area of the
site. These tortoises will be relocated to the proposed on-site preserve.
The Big Cypress fox squirrel is listed as Threatened by the FFWCC. In 1994, a
listed species survey conducted by Southern Biomes documented six Big Cypress
fox squirrels on the Twelve Lakes property. The most recent listed species survey
documented a single Big Cypress fox squirrel in the southern half of the property.
No squirrel nests were observed during the survey. If a squirrel nest is
encountered during the construction process, the nest will remain intact until it
can be determined by a qualified biologist that no young are present. Likewise, if
a fox squirrel individual is encountered during construction, the fox squirrel will
be encouraged to leave the area by a qualified biologist where construction
activities are taking place. A FFWCC approved management plan for the Big
Cypress fox squirrel will be implemented prior to construction.
The following listed plant species were found during the September/October 2001
species survey: reflexed wild pine (Tillandsia balbisiana), stiff-leaved wild pine
(Tillandsia fasciculata), and butterfly orchid (Encyclia tampenesis). The stiff-
leaved wild pine is listed as Endangered by the Federal Department of Agriculture
�.� (FDA). The reflexed wild pine is listed as Threatened and the butterfly orchid is
EAC Meeting
Page 7 of 9
listed as Commercially Exploited by the FDA. None of these plants is listed by the
U.S. Fish and Wildlife Service(USFWS).
VII. RECOMMENDATIONS:
Staff recommends approval of Planned Unit Development No. PUDA-2002-AR-
2240 "Twelve Lakes PUD/DRI"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 Management Section will review and approve
the stormwater system.
3. Add the following language to the Water Management Section of the PUD
document:
At the time of construction plans review, petitioner shall verify that peak
stages do not cause adverse off-site impacts to neighboring developments.
The Lely Area Stormwater Improvement Project identifies the ultimate
outlet for this project as the southwest corner. Construction plans shall
identify the outlet for Drainage Basin OFF-1 and reflect any provision of
flow toward the southwest property corner.
A 30' by 30' Drainage Easement, at the southwest corner of the property,
for the construction of culvert structures shall be dedicated to the County
when requested by the County, or prior to preliminary acceptance of
approved improvements, or prior to certificate of occupancies issuance,
whichever occurs first.
Environmental:
1. Setbacks from preserve areas are required to be 25 feet for principle
structures and 10 feet for accessory structures (3.2.8.4.7.3 LDC). Include in
table I in section III of the PUD document, columns for these setbacks.
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Page 8 of 9
PREPARED BY:
av4444AL 14 $ 03
STAN CHRZANOWii , P.E. DATE
ENGINEERING RE EW MANAGER
//
C. ADARMES MINOR, P.E. DATE
ENGINEER SENIOR
4 1-7Z1 CC-S'
s
S EPHEN LENBERGER DATE
ENVIRONMENTAL SPECIALIST
211703
RA END V. BELLOWS DATE
CHIE v PLANNER
REVIEWED BY:
13th&te cx- 2,1 aurr,a.- 03
BARBARA S. BURGESDATE
PRINCIPAL ENVIRONMENTAL SPECIALIST
I
EAC Meeting
Page 9 of 9
----s 6-,y� P, --i 2�/�/e-3
THOMAS E. KUCK,P.E. DATE I,
ENGINEERING SERVICES DEPARTMENT DIRECTOR
I/ >1 .,:� a Z. /g.63
i fi i LIAM D. L• ' NZ, Jr.,P.E. DATE
ENVIRONMENTAL SERVICES DEPARTMENT DIRECTOR
CMCEJ a-1 —°3
MARGARET RSTLE, AICP DATE
PLANNING S VICES DEPARTMENT DIRECTOR
I
I
APPROVED BY:
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•A PH K. HMITT D TE
11 MMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES
/, ••MINISTRATOR
C: SUSAN MURRAY, MCP
CURRENT PLANNING MANAGER
Item V.B
ENVIRONMENTAL ADVISORY COUNCIL
STAFF REPORT
MEETING OF MARCH 5,2003
I. NAME OF PETITIONER/PROJECT:
Petition No.: Conditional Use Petition No. CU-2002-
AR-3142
Petition Name: North Naples Regional Park
Applicant/Developer: Board of Collier County Commissioners
Engineering Consultant: Agnoli, Barber and Brundage, Inc.
Environmental Consultant: Turrell&Associates,Inc.
II. LOCATION:
The subject property is an undeveloped 212.77 acre parcel which lies west of
Interstate 75 and east of future Livingston Road. It is within Section 30 Township
48 Range 26 East, Collier County, Florida and is approximately half a mile south
of Immokalee Road. Access to the project site will be from Livingston Road.
III. DESCRIPTION OF SURROUNDING PROPERTIES:
Surrounding properties include a mixture of developed and undeveloped
properties with the following zoning classifications.
ZONING DESCRIPTION
N - PUD (Livingston Lakes and Donovan) Undeveloped
Agriculture Undeveloped
S - PUD (Wilshire Lakes) Mostly Developed
Agriculture Undeveloped
E - R.O.W. Interstate 75
W- R.O.W. Future Livingston
Road
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Page 2 of 8
IV. PROJECT DESCRIPTION:
Section 2.6.9.2 of the Land Development Code requires a Conditional Use for a
Regional Park. Collier County proposes sports venues (baseball, softball, and
soccer), a water park, indoor/outdoor play areas, a community center (including
offices, child care, and gymnasium), nature trails, and accessory uses customarily
associated with a park. The park is proposed to be the site of events, camps,
tournaments and festivals similar to those at existing County Parks.
The design consists of interconnected lakes and wetlands that provide water
quality retention and detention for the first flush of runoff and peak flow
attenuation after the first flush. The onsite wetland is ringed by a perimeter
containment berm with a sidewalk along the top of the berm. Existing vegetated
areas will be maintained on both sides of the site to act as flowways for possible
offsite flows from the north.
V. GROWTH MANAGEMENT PLAN CONSISTENCY:
Future Land Use Element:
The subject property is designated Urban (Urban Mixed-Use District, Urban
Residential Subdistrict) and is located within an Activity Center Residential
Density Band. Relevant to this petition, the Residential designation permits non-
residential uses such as parks, open space and recreational uses.
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:
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 and quantity of water leaving the site by utilizing
EAC Meeting
Page'3 of 8
lakes and interconnected wetlands to provide water quality retention and peak
flow attenuation during storm events.
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 preserve areas is being
maintained.
4. Impacts to preserve areas from clearing and filling for trails and boardwalks
will not impact the minimum native vegetation requirement.
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.
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,required preservation areas shall be required to be
identified at the time of Site Development Plan approval. Allowable uses within
preserve areas will be reviewed for consistency with each development order
submittal.
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 wildlife and species specific red
cockaded woodpecker survey have been forwarded to the U.S. Fish and Wildlife
Service (USFWS) for review and comment.
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Page 4 of 8
VI. MAJOR ISSUES:
Stormwater Management:
The site is located within the Airport Road Canal North Basin. There are no
County stormwater maintenance facilities in the vicinity of the project.
Environmental:
Site Description:
The subject property is vegetated with a mixture of wetland and upland habitats.
Vegetative communities on site include hydric pine flatwoods, hydric cypress and
pine flatwoods, mesic pine flatwoods, hydric pine flatwoods, palmetto prairie and
cypress, all with varying degrees of Melaleuca invasion.
Seasonal high water elevations were determined by using several different
indicators including high water marks, sediment lines, lichen and moss lines and
adventitious roots at three separate sites throughout the subject property. The
levels were found to average between elevations 12.50' and 12.86' (both NGVD).
This translates to an approximate high water level of 4" above average natural
ground height.
Three soil types occur on the subject property as mapped by the Natural Resources
Conservation Service (NRCS). They are Hallandale Fine Sand (Unit 11), Boca
Fine Sand (Unit 21) and Pineda Fine Sand, Limestone Substratum (Unit 14). One
of the soil types found on site, Pineda Fine Sand, Limestone Substratum (Unit 14)
is listed as a hydric soil by the NRCS. A map showing the locations of the soils on
site, along with descriptions of each soils type are included as attachments in the
environmental impact statement(EIS).
Wetlands:
Jurisdictional wetlands total 75.5 percent (160.59 acres) of the 212.77 acre project
site. These consist of 73.1 acres of cypress/pine, 58.2 acres of hydric pine
flatwoods, 2.83 acres of cypress, and 26.46 acres of dense monoculture Melaleuca
(greater than 75 percent). A brief summary of the major flora within these wetland
areas is found in exhibit five of the EIS.
Approximately 88.78 acres (55.3 percent) of the on-site wetlands will be
impacted through the proposed development of the property. Wetlands
secondarily impacted by the creation of the bike trail and separation from adjacent
wetlands (8.65 acres) as well as the remaining 44.7 percent of the wetlands (71.81
EAC Meeting
Page 5 of 8
acres) will be enhanced through removal of the exotic vegetation (mainly
Melaleuca) and replanting. Off site mitigation is proposed by the purchase of
23.72 credits from the Panther Island Mitigation Bank for 44.82 acres of wetland
impacts.
The remaining non jurisdictional areas total 52.18 acres and consist of palmetto
prairie and mesic pine flatwood habitats. The proposed project will impact 34.07
acres or 65% of the total uplands. A brief summary of the major flora within each
of these vegetative communities is found in exhibit five of the EIS.
Preservation Requirements:
Excluding the 26.46 acres of vegetation impacted with more than 75 percent
Melaleuca, the remaining 186.31 acres of the project qualify as viable native
vegetation as defined by the Growth Management Plan(GMP). As required by the
Collier County GMP Conservation and Coastal Management Element (CCME),
this project must retain a minimum of 25 percent or 46.58 acres of viable native
vegetation per Policy 6.1.1 of the CCME. The project proposes to preserve 98.57
acres of native vegetation.
Listed Species:
A wildlife survey of the subject property was conducted at various times from
July 2000 through May 2001 using field methodology that met Florida Fish and
Wildlife Conservation Commission (FFWCC) guidelines (see Exhibit nine in the
EIS). The survey was performed to locate and document any listed wildlife
species and habitat that may occur on the project site. No listed wildlife species or
signs of were observed on the property.
At the request of the FFWCC and U.S. Fish and Wildlife Service (FWS), a
species specific red cockaded woodpecker (RCW) survey was conducted due to
the history of colonies within the immediate vicinity of the project. The survey
was conducted in May 2002 and the results are included in a separate report in
Exhibit nine of the EIS (Threatened and Endangered Species Information). No
RCW cavity trees were found on the subject property or the adjacent properties
that were surveyed. Restoring and enhancing the remaining suitable habitats
should encourage re-colonization of RCWs.
n
EAC Meeting
Page.6 of 8
VII. RECOMMENDATIONS:
Staff recommends approval of Conditional Use Petition No. CU-2002-AR-3142
with the following stipulations:
Stormwater Management:
1. A South Florida Water Management District Environmental Resource or
Surface Water Management Permit must be obtained prior to the
commencement of construction on the site.
Environmental:
1. This project is required to preserve 46.58 acres of native vegetation.
EAC Meeting
Page 7 of 8
PREPARED BY:
Al,
/ 7 kil,, /
TAN CHRZANOWSKI .E. DATE
ENGINEERING REVIEW MANAGER
,,-. i
6---- ,
)//11/A3 3
C. •0 • ' ES MINOR, P.E. DATE
ATA ER, SENIOR
/tUVlia0, , 1 413/03
LAURA A. ROYS DATE
ENVIRONMENTAL SPECIALIST
I 11P.
illillig. o?.t3 .03
FRE W.CHL, AICP DATE
PRINCIPAL PLANNER
REVIEWED BY:
41A-AeMe—,4
BARBARA S. BURGESON DATE
PRINCIPAL ENVIRONMENTAL SPECIALIST
EAC Meeting
Page 8 of 8
-47/47/7
--.:)' _Zi
, 2 2 8,D3
THOMAS E. KUCK, P.E. DATE
ENGINEERING SERVICES DEPARTMENT DIRECTOR
2,),
LLIAM D. LO NZ, Jr., .E. DATE
ENVIRONMENTAL SERVICES DEPARTMENT DIRECTOR
97)/ A (),A,,t4.iet 2-t Lif-y3
MARG"17 l= WUERSTLE, AICP DATE
PLANNING SERVICES DEPARTMENT DIRECTOR
APPROVED BY:
4//itakIiiiikei AfilINIII- Oil/ -e//).3
J I SEPH K. CHMITT DAT
IOMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES
ADMINISTRATOR
C: SUSAN MURRAY, AICP
CURRENT PLANNING MANAGER
c, r_
•
n Item V.C.
ENVIRONMENTAL ADVISORY COUNCIL
STAFF REPORT
MEETING OF MARCH 5,2003
I. NAME OF PETITIONER/PROJECT:
Petition No.: Planned Unit Development
No. PUDZ-2003-AR-3569
Petition Name: North Naples Research and Technology
Park
Applicant/Developer: North Naples Golf Range Inc.
Engineering Consultant: Hole Montes,Inc.
Environmental Consultant: Southern Biomes, Inc.
II. LOCATION:
The subject property totals approximately 19.3 acres in size and is located on the
n west side of Old US 41 where Collier County borders the City of Bonita Springs
in Section 10, Township 48 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- City of Bonita Springs Spanish Wells
S - Rural Agricultural Nursery
E - Industrial Industrial uses
W- Sterling Oaks PUD Single-family
residential
IV. PROJECT DESCRIPTION:
The subject PUD is being reviewed under the new Research and Technology Park
Subdistrict of the Future Land Use Element of the Growth Management Plan.
EAC Meeting
North Naples R&T Park
Page 2 of 8
This subdistrict permits a PUD to include certain uses, which previously could
only be permitted within an Activity Center, if specific criteria are met. These
criteria include Targeted-Uses.
The project includes a mix of Targeted-Use Areas — aviation/aerospace industry,
health technology industry, information technology industry; and other light, low
environmental-impact uses. Also permitted are Non-Target Use Areas that
provide support services to the Targeted-Use Areas, such as general office, banks,
restaurants,personnel and professional services. Since the North Naples Research
and Technology Park PUD is adjacent to residential uses (Sterling Oaks and
Spanish Wells) workforce housing is required to be provided. The PUD provides
for four(4)work force housing units to be located in a mixed-use structure.
Both upland and wetland preserve areas are provided for on the PUD Master Plan
"Exhibit A" and comprise approximately 2.7 acres.
The petition has qualified as a "Fast-Track"petition under criteria adopted by the
Board of County Commissioners and monitored by the Economic Development
Council.
V. GROWTH MANAGEMENT PLAN CONSISTENCY:
Future Land Use Element:
The subject PUD is being reviewed under the new Research and Technology Park
Subdistrict of the Future Land Use Element of the Growth Management Plan.
Because this is a Fast-Track petition, the PUD was scheduled to be heard by the
EAC prior to completion of all reviews. At the time of the deadline for the
preparation of this Staff Report, the Comprehensive Planning review had not been
completed. When the Comprehensive Planning review is complete, if the PUD is
found consistent with the FLUE, the petition will move forward to the Planning
Commission and Board of County Commissioners; if the PUD is found to be
inconsistent with the FLUE, the PUD may be revised by the petitioner to make it
consistent. If any changes are made which affect environmental or water
management issues, the EAC will rehear the petition. If the Comprehensive
Planning review is completed before the EAC hearing, the analysis will be
presented at the Council meeting.
Conservation & Coastal Management Element:
The proposed project is consistent with Policy 6.1.1 for the following reasons:
1. Greater than 15 %of the existing native vegetation is being retained on-site and
set aside as preserve areas.
2
EAC Meeting
North Naples R&T Park
Page 3 of 8
n
2. A preliminary restoration plan for the preserve areas is included. These
plantings will be completed and approved to mitigate for illegal clearing.
3. Connectivity of on-site wetland preserve areas to adjoining wetlands systems is
being maintained.
4. The majority of gopher tortoise habitat and xeric scrub are being retained on-
site.
The project is consistent with Policy 6.1.4 by requiring that an exotic vegetation
removal and maintenance plan 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:
North Naples Research and Technology Park PUD is a 19.3 acre project located
on the west side of Old U.S. 41, South of the Lee County line. The site is located
within the Wiggins Pass Basin. The County maintains the stormwater facility
adjacent to the east side of the FPL Easement. The stormwater system will be
designed to meet SFWMD and Collier County rules and regulations for a 25-year
3-day storm event and for water quality. The discharge will be limited to 0.13
3
EAC Meeting
' North Naples R&T Park
Page 4 of 8
CFS/AC, and it will be directed to the ditch located on the east side of the FPL
Easement.
Environmental:
Site Description:
The subject property consists of a temporary use driving range, four acres of
wetlands and approximately 15 acres of upland habitats. The uplands are
comprised of development impacts from the golf driving range, a xeric scrub
preserve which is required to be restored as a result of a violation, pine palmetto
flatwoods, pine oak palmetto scrub. See the "unauthorized Vegetation Removal
remediation Plan..."for details regarding the xeric scrub preserve restoration.
There are three soil types on site. They are Immokalee fine sand, which cover
most of the site, Myakka fine sand and Satellite fine sand. For a full description
of the soil types see page 24 of the EIS.
Wetlands:
There are approximately four acres of wetlands on site. They are located on the
western portion of the property with the exception of a small (less than 1/10 acre)
freshwater herbaceous marsh centrally located along the south property line. The
majority of the wetlands consists of willow marsh and is located on either side of
the FP&L easement. A more detailed description of the wetlands is located on
page 3 of the EIS.
Preservation Requirements:
This parcel is required to preserve 15% of the entire site in native vegetation. The
requirement is generated by commitments in past PUD documents and County
approvals, since the existing golf course was always identified as a temporary use.
A minimum of 2.7 acres is required to be retained and is identified on the PUD
master plan.
Listed Species:
The property was inspected for protected species in accordance with State and
federal guidelines. The environmental consultant identified four species on site
during their survey work. A little blue heron was seen utilizing an open water
area. Two gopher tortoises were observed; one on the northern property line and
one in the southeast corner of the site. They will both be located within the gopher
tortoise preserve and will be protected through a required gopher tortoise
relocation/management plan.
4
EAC Meeting
North Naples R&T Park
Page 5 of 8
In addition to the protected animal species on site, the consultant identified
blazing star and prickly-apple cactus in areas,which will be set aside as preserves.
VII. RECOMMENDATIONS:
Staff recommends approval of Planned Unit Development No. PUDZ-2003-AR-
3569 "North Naples Research and Technology Park 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 Management Section will review and approve the
stormwater system.
3. A sixty foot(60')Drainage Easement along the easternmost side of the FPL
Easement shall be dedicated to Collier County. Applicant shall coordinate this
requirement with Collier County Stormwater Management Section Staff. No
Certificate of Occupancy shall be issued until this Easement is properly
recorded.
4. At the time of construction plan review, adequate documentation justifying
the proposed enclosure of the ditch on the west side of the FPL Easement shall
be provided.
Environmental:
The following required changes to the PUD document shall be completed
prior to the Collier County Planning Commission meeting.
1. Add the following language to Section 7.3 of the PUD document:
a. "The scrub oak preserve area shall be restored in accordance with the
approved `Unauthorized Vegetation Removal Remediation Plan &
Exotic Vegetation Eradication & Maintenance Plan.' designed by
Southern Biomes, dated Nov. 1, 2002. The mitigation plantings shall
be completed, inspected and approved prior to preliminary acceptance
of the subdivision or the first certificate of occupancy, whichever
comes first."
b. A Gopher tortoise (GT) relocation/management plan shall be
submitted for review and approval at the time of the next development
order submittal.
5
EAC Meeting
North Naples R&T Park
Page 6 of 8
c. Revise 7.3 B as follows, "A minimum of fifteen(15)percent of the site
(at least 2.7 acres) shall be provided in retained native vegetation or
replanted in accordance with Section 3.9.5.5.4 of the LDC. Areas of
retained native vegetation include the 1.5 acre wetlands preserve area
located on the western portion of the site, the .7 acre xeric scrub
preserve at the southeast corner of the site and at least .5 acres of
native vegetation to be retained along the northern property line, for a
total of 2.7 acres."
d. Whenever "Current Planning Section Staff' is used in the PUD,
replace it with"Environmental review staff'.
e. Revise 7.3 E as follows; "The petitioner shall be subject to all
environmental sections of the LDC and GMP at the time of final
development order approvals".
2. Revise Section 4.9 of the PUD as follows, "A minimum of fifteen(15)percent
of the site (at least 2.7 acres) shall be provided in retained native vegetation or
replanted in accordance with Section 3.9.5.5.4 of the LDC. Areas of retained
native vegetation include the 1.5 acre wetlands preserve area located on the
western portion of the site, the .7 acre xeric scrub preserve at the southeast
corner of the site and at least .5 acres of native vegetation to be retained along
n the northern property line, for a total of 2.7 acres."
3. Make the following changes to Section V, Preserve Area Requirements, of the
PUD:
a. Add the following language to 5.2 A, "Permitted Principal Uses and
Structures, in accordance with the preserve standards of the LDC".
b. Revise 5.2 A 5 as follows, "Supplemental native plantings within the
preserve, after review and approval by the Environmental review
staff'.
4. Add the following language to Section 4.17 A. 5. "The only signage permitted
within the preserves shall be directly related to the protection and educational
component of the preserve."
6
EAC Meeting
North Naples R&T Park
Page 7 of 8
PREPARED BY:
a/ I , le F- 3 03
TAN CHRZANO SKI. P.E. DATE
ENGINEER SENT•
247/13-
J iw :ADARMES MINOR. P.E. DATE
ENGINEER SENIOR
•""6a.tha.(e.._A J- IF- 0_3
BARBARA S. BURGESON c 1 DATE
PRINCIPAL ENVIRONMENTAL SPECIALIST
i II
♦�' �� o2./e.03
F -• ISCHL DATE
PRINCIPAL PLANNER
7
EAC Meeting
North Naples R&T Park
Page 8 of 8
REVIEWED BY:
E.0 C) IL/1 /
THOMAS KUCK, P.E. DATE
ENGINEERING SERVICES DEPARTMENT DIRECTOR
IAM D. LO'tv Z, Jr., P.Y. DATE
ENVIRONMENTAL SERVICES DEPARTMENT DIRECTOR
CuPe) d3
MARGARET RSTLE, AICP DA E
PLANNING SERVICES DEPARTMENT DIRECTOR
APPROVED BY:
1.2c/,3
J I.EPH K. HMITT
•MMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES
IMINISTRATOR
C: SUSAN MURRAY, AICP
CURRENT PLANNING MANAGER
y-.
8