Loading...
EAC Agenda 09/03/1997 COLLIER COUNTY ENVIRONMENTAL ADVISORY BOARD AGENDA SEPTEMBER 3, 1997; 9:00 a.m. COMMISSION BOARDROOM, THIRD FLOOR—ADMINISTRATION BUILDING I. ROLL CALL II. APPROVAL OF MINUTES - August 6 , 1997 III. ADDENDA IV. CONSENT/ADMINISTRATIVE APPROVAL AGENDA V. REGULAR AGENDA A. Planned Unit Development No. PUD-82-29 (3) The Retreat at Naples Section 9, Township 48 South, Range 25 East Collier County, Florida B. Planned Unit Development No. PUD-95-10 (1) Naples Heritage Golf and Country Club PUD Sections 3,4,9,10, Township 50 South, Range 26 East Collier County, Florida C. Planned Unit Development No. PUD-96-42 (2)/DOA-97-3 Marco Shores PUD (Fiddler's Creek) Sections 18,19,29, Township 51 South, Range 27 East Collier County, Florida D. Planned Unit Development NO. PUD-97-11 Creekside Commerce Park Section 27, Township 48 South, Range 25 East Collier County, Florida VI. OLD BUSINESS VII. NEW BUSINESS VIII. ADJOURNMENT MINUTES OF THE ENVIRONMENTAL ADVISORY BOARD DATE: August 6, 1997 TIME: 9:00 a.m. PLACE: 3RD Floor Boardroom, Administration Building, Collier County Government Center,Naples, Florida EAB STAFF PRESENT Espinar X Ashton X Foley X Burgeson X Hermanson X Chrzanowski X Hinchcliff X Lenberger X Saadeh Excused Absence Straton Excused Absence Wilkison X MINUTES BY: Stephen Lenberger, Environmental Specialist II CALLED TO ORDER AT: 9:05 a.m. ADJOURNED AT: 9:45 a.m. PRESIDING: David S. Wilkison, Chairman ADDENDA TO THE AGENDA: EAB notified of September 23, 1997 BCC meeting concerning airboat use requests as discussed during the July 2, 1997 meeting of the EAB. Mr. Hinchcliff will attend the BCC meeting. APPROVAL OF MINUTES: Motion made by Mr. Foley, seconded by Mr. Hinchcliff and carried 5/0, to approve minutes of June 4, 1997 and July 2, 1997. ITEM: Regular Agenda- Item V.A. PETITION NO: Planned Unit Development No. PUD-97-6 U.S. 41/Wiggins Pass Road PUD Environmental Advisory Board Minutes August 6, 1997 Page 2 REQUESTING: A Mixed Commercial Center made up of five tracts with uses ranging from fast food restaurants to a hotel. REPRESENTED BY: Robert L. Duane,Hole, Montes and Associates, Inc. Craig Smith,Kevin L. Erwin Consulting Ecologist, Inc. MOTION: Made by Mr. Foley, seconded by Mr. Hinchcliff and carried 4/0,to approve Planned Unit Development Petition No. PUD-97-6 with added stipulations. Mr. Hermanson abstained from the vote. WATER MANAGEMENT: 1. Section 9.2 of the PUD document shall be revised by adding ".. if fenced" to the end of the sentence. 2. At the time of site development plan submittal, it shall be demonstrated that the Wiggins Pass Road swale has the capacity to handle the additional site discharge and that a positive outfall exists west of U.S. 41. ENVIRONMENTAL: 1. Amend Section VI of the PUD document to add the following: 6.6 "An exotic vegetation removal, monitoring and maintenance (exotic free) plan for the site, with emphasis on the conservation/ preservation areas, shall be submitted to Current Planning Environmental Review Staff for review and approval prior to Final Site Plan/Construction Plan approval." 6.7 "A Gopher Tortoise relocation/ management plan shall be submitted to Current Planning Environmental Staff for review and approval prior to final site plan/ construction plan approval. That plan shall contain, at a minimum, the area where the tortoise will be relocated, the type of fencing and its design, whether or not it will be necessary to provide additional plantings in that area for food or if food will be supplemented and the person responsible for the implementation of the plan." 6.8 "Petitioner shall comply with the guidelines and recommendations of the U.S. Fish & Wildlife Service (USFWS) and Florida Game and Fresh Water Fish Commission (FGFWFC) regarding potential impacts to protected wildlife species. Where protected species are observed on site, a Habitat Management Plan for those protected species shall be submitted to Current Planning Environmental staff for review and approval prior to Final Site Plan/Construction Plan approval." -- Environmental Advisory Board Minutes August 6, 1997 Page 4 c. All conservation areas shall be designated as conservation/preservation tracts or easements on all construction plans and shall be recorded on the plat with protective covenants per or similar to section 704.06 of the Florida Statutes. In the event the project does not require platting, all conservation areas shall be recorded as conservation/preservation tracts or easements dedicated to an approved entity or to Collier County with no responsibility for maintenance and subject to the uses and limitations similar to or as per Florida Statutes Section 704.06. d. Buffers shall be provided around wetlands, extending at least fifteen (15) feet landward from the edge of wetland preserves in all places and averaging twenty-five (25) feet from the landward edge of wetlands. Where natural buffers are not possible, structural buffers shall be provided in accordance with the State of Florida Environmental Resource Permit Rules and be subject to review and approval by Current Planning Environmental Staff. e. An exotic vegetation removal, monitoring, and maintenance (exotic free) plan for the site, with emphasis on the conservation/preservation areas, shall be submitted to Current Planning Environmental Staff for review and approval prior to final site plan/construction plan approval. f. Petitioner shall comply with the guidelines and recommendations of the U.S. Fish and Wildlife Service (USFWS) and Florida Game and Fresh Water Fish Commission (FGFWFC) regarding potential impacts to protected wildlife species. Where protected species are observed on site, a Habitat Management Plan for those protected species shall be submitted to Current Planning Environmental Staff for review and approval prior to final site plan/construction plan. ******* DISCUSSION: A brief discussion took place to address Board Member policy. Staff handed out Ordinance 92-44 to EAB members who were present. It was the desire of the BCC that this ordinance be the document to supersede Division 5.13 of the LDC (the EAB ordinance) in regards to membership qualification requirements, attendance, review '- of the EAB, and conflict and severability. The EAB members discussed attendance and decided that all members have to notify Staff by 5:00 the Friday before the EAB meeting in order to qualify for an excused Environmental Advisory Board Minutes August 6, 1997 Page 5 absence. After that time it is the responsibility of the EAB member to contact the current Chairman and request an excused absence. It is up to the Chairman whether to grant the excused absence or not. COMMENTS: For a complete record of the proceedings reader is directed to the tape recording of this meeting, located in the Office of the Clerk to the Board, 5th Floor,Building "F", Collier County, Government Complex. There being no further business, the meeting was adjourned by order of the Chair. Environmental Advisory Board David S. Wilkison, Chairman Min/pd/h:/EAB Staff Reports/8-6-97EAB Minutes -- FORM 4 MEMORANDUM OF VOTING CONFLICT LAST. ME-FIRST NAME-MIDDLE NAME / I"/'J'JQ✓Js� 1 �C��,� / THE BOARD, COU NCIL,COMMISSION, AUTHORITY, OR COMMITTEE ON / ` WHICH I SERVE IS A UNIT OF: MAILING ADDRESS _72...C__:77 ,',71. . -7 ' ..Ce CA 0 CITY XCOUNTY 0 OTHER LOCAL AGENCY 0 STATE CUT Aa /e3 Lc/, ' Gr— NAME OF POLITICAL SUBDIVISION OR STATE AGENCY DATE ON WHICH VOTE OCCjRRED / 8/6 9 7 NAME OF•BOARD,COUNCIL jMISSIQN,AUTHORITY. MMITTEE i n V/f-D,lm .�rJJa/1/l S vY 36dG7r WHO MUST FILE FORM 4 This form is for use by any person serving on either an appointed or elected board, council, commission, authority, or committee, whether state or local,and it applies equally to members of advisory and non-advisory bodies who arc faced with a voting conflict of interest. - As the voting conflict requirements for public officers at the local level differ from the requirements for state officers,this form is divided into two parts: PART A is for use by persons serving on local boards(municipal,county,special tax districts,etc.),while PART B is prescribed for all other boards, i.e., those at the state level. PART C of the form contains instructions as to when and where this form must be filed. PART A — VOTING CONFLICT DISCLOSURE FOR LOCAL PUBLIC OFFICERS [Required by Section 112.3143(3), Florida Statutes (Supp. 1984).] The Code of Ethics for Public Officers and Employees PROHIBITS each municipal, county, and other local public officer FROM VOTING in an official capacity upon any measure which inures to his special private gain. Each local officer also is prohibited from knowingly voting in his official capacity upon any measure which inures to the special gain of any principal(other than a government agency as defined in Section 112.312(2), Florida Statutes) by whom he is retained. In any such case a local public officer must disclose the conflict: (a) PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of his interest in the matter on which he is abstaining from voting;and (b) WITHIN 15 DAYS AFTER THE VOTE OCCURS by describing the nature of his interest as a public record in this part below. NOTE:Commissioners of a Community Redevelopment Agency created or designated pursuant to Section 163.356 or Section 163.357, Florida Statutes(Supp. 1984),or officers of independent special tax districts elected on a one-acre,one-vote basis arc not prohibited from voting. In such cases, however, the oral and written disclosure of this part must be made.// �7 I, the undersigned local public officer, hereby disclose that on A-1 N'S r C , 19 / •• (a) I abstained from voting on a matter which(check one): inured to my special private gain; or `�' ---'\ inured to the special gain ofar/G % ~�/ /AGI s�-�- , by whom I am retained. T15 're/7(tJs ,/). s R.C 5 72,/ PAGF CE FORM 4-REV.10-84 I (b) The measure on which 1 abstained and the nature of my interest in the measure is as follows: ` GAS /fr(% yg/,, s mss /Eiaf UCj 92-6, „0.001:00.0. .8•7 /9 2 Date Filed Signature Please sec PART C for instructions on when and where to file this form. PART B VOTING CONFLICT DISCLOSURE FOR STATE OFFICERS [Required by Section 112.3143(2), Florida Statutes(Supp. 1984).] Each state public officer is permitted to vote in his official capacity on any matter. However,.any state officer who votes in his official capacity upon any measure which inures to his special private gain or the special gain of any principal by whom he is retained is required to disclose the nature of his interest as a public record in Part B below within 15 days after the vote occurs. 1, the undersigned officer of a state agency, hereby disclose that on , 19 . (a) I voted on a matter which (check one): inured to my special private gain; or • inured to the special gain of , by whom I am retained. (b) The measure on which I voted and the nature of my interest in the measure is as follows: Date Filed Signature Please see PART C below for instructions on when and where to file this form. • PART C FILING INSTRUCTIONS This memorandum must be filed within fifteen(15)days following the meeting during which the voting conflict occurred with the person responsible for recording the minutes of the meeting,who shall incorporate the memorandum in the meeting minutes.This form need not be filed merely to indicate the absence of a voting conflict. NOTICE:UNDER PROVISIONS OF FLORIDA STATUTES§11/317(1983).A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY --- BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT. REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT. DEMOTION.REDUCTION IN SALARY.REPRIMAND.OR A CIVIL PENALTY NOT TO EXCEED 55.000. E FORM 4-REV. 10-84 PAGE: { FORM 4 MEMORANDUM OF VOTING CONFLICT 'LAST NAME-FIRST NAME-MIDDLE NAME -T--- LE N — r, ` � _ A o LE • THE BOARD, COUNCIL,COMMISSION, AUTHORITY. OR COMMITTEE ON WHICH 1 SERVE ISA UNIT OF: I MAILING ADDRESS �[ � J� � I AD 33 0A< ["^o rLF"-�t ti)( -- 0 CITY CQUN'rY 0 OTHER LOCAL AGENCY 0 STATE CI COUNTY � NA.?LE) r("- Co re NAME OF POLITICAL SUBDIVISION OR STATE AGENCY I DATE ON WHICH VOTEOCCURRE $ f6y7 NAME OF-BOARD,COUNCIL,COMMISSION,AUTHORITY,OR COMMITTEE GO(( CO . • amt. X40✓ . 400 2 WHO MUST FILE FORM 4 This form is for use by any person serving ori either an appointed or elected-board, council,commission, authority, or committee, whether state or local,and it applies equally to members of advisory and non-advisory bodies who are faced with a voting conflict of intcrest. , As the voting conflict requirements for public officers at the local level differ from the requirements for state officers,this form is divided into two parts: PART A is for use by persons serving on local boards(municipal,county,special tax districts,etc.),while PART B is prescribed for all other boards,i.e., those at the state level. PART C of the form contains instructions as to when and where this form must be filed. PART A /'•, VOTING CONFLICT DISCLOSURE FOR LOCAL PUBLIC OFFICERS (Required by Section 112.3143(3), Florida Statutes(Supp. 1984).] The Code of Ethics for Public Officers and Employees PROHIBITS each municipal, county, and other local public officer FROM VOTING in an official capacity upon any measure which inures to his special private gain. Each local officer also is prohibited from knowingly voting in his official capacity upon any measure which inures to the special gain of any principal(other than a government agency as defined in Section 112.312(2), Florida Statutes)by whom he is retained. In any such case a local public officer must disclose the conflict: i• (a) PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of his interest in the matter on which he is . abstaining from voting;and (b) WITHIN 15 DAYS AFTER THE VOTE OCCURS by describing the nature of his interest as a public record in this part below. NOTE:Commissioners of a Community Redevelopment Agency created or designated pursuant to Section 163.356 or Section 163.357, Florida Statutes(Supp. 1984),or officers of independent special tax districts elected on a one-acre,one-vote basis arc not prohibited from voting. In such cases, however, the oral and written disclosure of this part must be m de. elocalpublic officer, herebydisclose that on gb 19 ? _ : 1, the undersigned , (a) 1 abstained from voting on a matter which(check one): inured to my special private gain; or V inured to the special gain of Re Ut( 1( . by whom 1 am retained. - 'E FORM 4-REV.10-84 PAGE (b)The measure on which I abstained and the nature of my interest in the measure is as follows: - C P O q ? -• y -re "'` No. V, 8 . • SI6 lq ") • Date Filed Signature Please see PART C for instructions on when and where to file this form. PART B VOTING CONFLICT DISCLOSURE FOR STATE OFFICERS [Required by Section 112.3143(2), Florida Statutes(Supp. 1984).] Each state public officer is permitted to vote in his official capacity on any matter. However,any state officer who votes in his official capacity upon any measure which inures to his special private gain or the special gain of any principal by whom he is retained is required to disclose the nature of his interest as a public record in Part B below within 15 days after the vote occurs. I, the undersigned officer of a state agency, hereby disclose that on , 19 (a) I voted on a matter which(check one): inured to my special private gain; or • inured to the special gain of , by whom I am retained. '(b) The measure on which I voted and the nature of my interest in the measure is as follows: �. Date Filed Signature Please see PART C below for instructions on when and where to file this form. _. PART C FILING INSTRUCTIONS This memorandum must be filed within fifteen(15)days following the meeting during which the voting conflict occurred with the person responsible for recording the minutes of the meeting,who shall incorporate the memorandum in the meeting minutes.This form need not be filed merely to indicate the absence of a voting conflict. NOTICE:UNDER PROVISIONS OF FLORIDA STATUTES 4112317(1983).A FAILURE TO MAKE ANY REQUIRED DISCLOSURECONSTITUTESGROUNOS FOR AND MAY/ '\ DE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT. REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT. DEMOTION.REDUCTION IN SALARY.REPRIMAND.OR A CIVIL PENALTY NOT TO EXCEED 0.000. E FORM 4-REV.1044 PAGE: Item V.A ENVIRONMENTAL ADVISORY BOARD STAFF REPORT MEETING OF SEPTEMBER 3, 1997 I. NAME OF PETITIONER/PROJECT: Petition No. : PUD-82-29 (3) Petition Name: The Retreat at Naples Applicant/Developer: CC-Naples, Inc. , A Delaware Corp. Engineering Consultant: Hole, Montes & Associates, Inc . Environmental Consultant: Rae Ann Boylan, Boylan Environmental Consultants II. LOCATION: The subject property is located on the west side of U.S . 41; south and adjacent to Audubon Country Club in Section 9, Township 48 South, Range 25 East, in northern Collier County Florida. III. DESCRIPTION OF SURROUNDING PROPERTIES: The surrounding land uses are a combination of residential sub- divisions, undeveloped agricultural property, undeveloped C3 zoned land and road right-of-way. ZONING DESCRIPTION N - PUD (Audubon Country Residential and Golf Club PUD) Course S - PUD (Village Place PUD) Residential E - Agriculture Undeveloped C3 Undeveloped U.S .41 ROW Road Right-of-way W - Vanderbilt Drive Road Right-of-way Bay Forest PUD Residential Waterglades PUD Residential Agriculture Undeveloped n EAB Meeting September 3, 1997 PUD-82-29 (3) (The Retreat) Page 2 IV. PROJECT DESCRIPTION: Tract B is the last remaining tract in The Retreat PUD. It is located at the southeast quadrant of the property. The petitioner proposes to develop a nine (9) hole golf course, one hundred-eighty(180) Independent Living units and an eighty- four (84) unit Assisted Living Facility with non-profit medical support . Plan of Record: Water Management: The Retreat, Conceptual Water Management Plan, prepared by Hole, Montes & Associates, dated May, 1997 . Environmental: Bentley Village, Collier County, Environmental Impact Statement . Prepared by Rae Ann Boylan, Boylan Environmental Consultants, Inc . The Retreat PUD document dated May, 1997 . V. STAFF COMMENTS: Water Management: "The Retreat" was approved by the governing Board of the SFWMD on May 8, 1980, as permit #11-001825 . The subject parcel is included in that permit and is being developed in substantial conformance with the exhibits and conditions of that permit . The modification of permit #11-008125 to allow this construction is presently being reviewed by the SFWMD Fort Myer' s office. Environmental: The subject property covers the southeast quadrant of The Retreat PUD also known as Bentley Village . This is the / remaining undeveloped portion of that subdivision. This phase contains approximately sixty-nine acres of wetlands, uplands and a previously excavated water body. . I EAB Meeting September 3, 1997 PUD-82-29 (3) (The Retreat) Page 3 Twenty two acres were identified as jurisdictional wetlands with the largest portion of that area being a Cypress wetland which is bordered by a freshwater marsh. The canopy of the Cypress area was dominated by bald cypress (Taxodium distichum) with an occasional slash pine (Pinus elliottii) or cabbage palm(Sabal palmetto) . The balance of the vegetation was wax myrtle (Myrica cerifera) , swamp fern (Blechnum serrulatum) , saw grass (Cladium lamaicensis) and royal fern (Osmunda regalis) . The marsh vegetation consisted of a midstory of slash pine and cypress with wax myrtle, buttonbush(Cephalanthus occidentalis) , and an occasional melaleuca (Melaleuca cquinquenervia) . The groundcover was Juncus spp. , mermaid weed (Proserpinaca palustris) , musk mint, stinkweed, sedges, grasses and cattails (Typha spp. ) . The hydroperiod for the cypress wetland will be maintained to preserve this pre-development water level or better. The project will improve the hydroperiod of the remaining portions of the isolated wetlands on the west side of this phase of development . Only six percent of the identified wetlands will be impacted for this project . In areas where exotic vegetation removal will leave void areas, native vegetation will be planted to enhance the quality of the wetlands . Proposed mitigation for the impacts to wetlands includes wetland enhancement, wetland creation, preservation of scrub oak habitat, restoration of scrub oak habitat that has been impacted by Brazilian pepper, and other upland preservation. The uplands on site are divided between two major vegetative communities. Pine flatwoods cover thirty six plus acres with the remainder of the uplands on site being scrub oak. The scrub oak community was dominated by scrub live oak(Quercus qeminata) , rosemary(Ceratiola ericoides) , running oak(Quercus pumila) and an occasional saw palmetto (Serenoa repens) and grape vine (Cissus rhombifolia) . Adjacent to this relatively non disturbed area was a scrub oak community which had Brazilian pepper along the northern boundary and grape vine covering a fair amount of the vegetation. Once these two nuisance plants are removed this will increase the scrub oak area to approximately one acre which will become an upland preserve. Protected species surveys were conducted on site in accordance with the Florida Game and Fresh Water Fish Commission guidelines. The only protected species observed on site were Gopher tortoise (Gopherus polyphemus) . Seventeen active and inactive burrows were identified and mapped. The burrows were found in the pine flatwoods and scrub oak areas . All tortoises will be relocated into the one acre scrub oak preserve. n, EAB Meeting September 3, 1997 PUD-82-29 (3) (The Retreat) Page 4 VI. RECOMMENDATIONS: Staff recommends approval of PUD 82-29 (3) "The Retreat" with the following stipulations: WATER MANAGEMENT: Prior to final SDP approval, the petitioner shall obtain the required SFWMD permit modification. ENVIRONMENTAL: 1 . The following language shall be added the environmental section of the PUD document, "This PUD shall comply with the environmental sections of the Collier County Land Development Code and Growth Management Plan conservation and Coastal Management Element at the time of final development order approval . " n 2 . The EIS describes a 422/320 FLUCCS as co-dominated by Brazilian pepper and scrub live oak. Staff would describe this area as being bordered by Brazilian pepper along the north edge but not being mixed with the exotic, more by invading grape vines. This habitat is rare in Collier County; no impacts are shown on the Conceptual Master Plan for this scrub; it is proposed to be restored as mitigation for wetland impacts, and the current and proposed PUD states that "Structures, roads and buildings shall be oriented to effect the maximum protection of native scrub and sand pine habitat" . Therefor this scrub area shall be added to the upland (scrub oak) preserve adjacent to the south, to create a one acre plus scrub preserve. Petitioner shall amend the Master Plan to reflect the new boundary of this upland preserve. 3 . Add the following language to the end of Section 4 . 7 C of the PUD document . "All exotic vegetation within The Retreat PUD Tracts A, C and D shall be removed prior to final C.O. ' s being issued for Tract B. Exotic vegetation within tract B, including within all preserve areas, shall be removed prior to preliminary acceptance of Tract B. " 4 . Petitioner shall amend the PUD Master Plan to show the minimum 17 . 2 acres of native vegetation as required by the CCLDC Section 3 . 9 . 5 . 5 .3 . . Show all wetland preserves on the PUD Master Plan as shown on the Conceptual Master Plan. Amend the Legend to show acreages of these preserves . n EAB Meeting September 3, 1997 PUD-82-29 (3) (The Retreat) Page 5 5 . Make the following changes to the PUD document section 4 . 7 : a. Under letter G there are three separate paragraphs . The second one shall be labeled H and the third shall be labeled I . b. Add "J. All preserve areas shall be designated as conservation/preservation tracts or easements on all construction plans and shall be recorded on the plat with protective covenants per or similar to Section 704 . 06 of the Florida Statutes . Buffers shall be provided in accordance with CCLDC Section 3 .2 . 8 .4 . 6 .3 . . In the event the project does not require platting, all Preserve areas shall be recorded, by separate instrument, as conservation/preservation tracts or easements dedicated to an approved entity or to Collier County with no responsibility for maintenance and subject to the uses and limitations similar to or as per Florida Statutes Section 704 . 06 . Contact Collier County Real Property Division if the conservation areas are to /� be dedicated to Collier County. " c. Add "K. A Gopher tortoise relocation/management plan shall be submitted to Current Planning Environmental Staff for review and approval . A copy of the approved plan shall be included on the final Site Development Plan. " d. Add "L. Environmental permitting shall be in accordance with the state of Florida Environmental Resource Permit rules and be subject to review and approval by Collier County Current Planning Environmental Staff . Removal of exotic vegetation shall not be counted towards mitigation for impacts to Collier County jurisdictional wetlands . " e. Add "M. Buffers shall be provided around wetlands, extending at least fifteen(15) feet landward from the edge of wetland preserves in all places and averaging twenty-five (25) feet from the landward edge of wetlands. Where natural buffers are not possible, structural buffers shall be provided in accordance with the State of Florida Environmental Resources Permit rules and be subject to review and approval by Collier County Current Planning Environmental Staff . " n f . Amend F to read " . .approved by the NMRD Community Development Divioion Collier County Current Planning Environmental Staff. " EAB Meeting September 3, 1997 PUD-82-29 (3) (The Retreat) Page 6 PREPARED BY: • Stan Chrzano ski, P.E. Date Senior Engineer y ►faa-ka d. L f3A 4 rn1 8 20-97 Barbara S . Burgeson Date Environmental Specialist II REVIEWED BY: ,.(.u,1 3-2/- 9� Thomas E. Kuck, P.E. Date Engineering Review Manager - 2 t-5 Rbert J. Mulhere, AICP Date Current Planning Manager i r Item V.B. ENVIRONMENTAL ADVISORY BOARD STAFF REPORT MEETING OF SEPTEMBER 3, 1997 I. NAME OF PETITIONER/PROJECT: Petition No.: Planned Unit Development Petition No. PUD-95-10(1) Petition Name: "Naples Heritage Golf and Country Club PUD" Applicant/Developer: U.S. Home Corporation Engineering Consultant: McAnly Engineering&Design, Inc. Environmental Consultant: W. Dexter Bender&Associates, Inc., Environmental and Marine Consultants II. LOCATION: /"N Naples Heritage Golf and Country Club PUD is located on the south side of Davis Boulevard (State Road 84) approximately one half mile south west of the intersection of Radio Road and Davis Boulevard in Sections 3, 4, 9 & 10, Township 50 South, Range 26 East, Collier County, Florida. Entrances to the subject property are located along Davis Boulevard and County Road 951 (Isle of Capri Road). III. DESCRIPTION OF SURROUNDING PROPERTIES: Surrounding properties are mostly undeveloped with the following zoning classifications: ZONING DESCRIPTION N - R.O.W. State Road 84 PUD (Twelve Lakes) Undeveloped S - PUD (Shadow Wood) Partially Developed E - PUD (Naples National Golf Club) Developed Agricultural Undeveloped EAB Meeting September 3, 1997 PUD-95-10 (1)Heritage Golf and Country Club Page 2 W- PUD (Twelve Lakes) Undeveloped Agricultural Partially Developed CF (Naples Golf Center) Developed IV. PROJECT DESCRIPTION: The existing Naples Heritage Golf and Country Club PUD is proposed to be expanded through the addition of approximately 15 acres on the south end of the project. The addition is located in Section 9, Township 50 South, Range 26 East. Of the 15 acres proposed to be added to the project, approximately 13.9 acres will be incorporated into the preserve areas, with the balance integrated into the residential component of the project. An additional 48 dwelling units will be added to the PUD with this amendment. The proposed PUD includes 847 residential dwelling units (single and multi-family), golf course and clubhouse, recreational facilities, water management lakes and preserve areas. P"'• Plan of Record: Water Management: Naples Heritage Golf and Country Club Water Management Plan; by Gina Green, P.E.; McAnly Engineering&Design, Inc. 1"=400', dated June, 1997. Environmental: Naples Heritage Golf and Country Club Planned Unit Development document prepared by McAnly Engineering&Design, Inc., amended August, 1997. Naples Heritage Golf and Country Club Environmental Impact Statement (abbreviated) prepared by W. Dexter Bender & Associates, Inc., Environmental and Marine Consultants, dated August, 1997. V. STAFF COMMENTS: Water Management: The petitioner wants to add 15 acres of land to the southern end of the project. The addition will predominantly be maintained as a wetland preserve. Approximately 4 1/2 single family house lots will be created on the westernmost 5 acre parcel. EAB Meeting September 3, 1997 PUD-95-10 (1)Heritage Golf and Country Club Page 3 The petitioner also wants to add 48 units to the overall unit count, increasing the gross density from 1.43 to 1.47 units per acre. These revisions will not impact the projects water management system. Environmental: The petitioner is proposing to add 15 acres to the south end of the existing Naples Heritage Golf and Country Club PUD. Vegetation within the expansion area includes pine flatwoods (hydric and non hydric) and pine/cypress/Melaleuca. Contours in the area of this application vary by less than one foot with an average ground elevation of approximately 9.5 N.G.V.D.. Within the 15 acres to be added to the PUD, 13.5 acres are jurisdictional wetlands. Approximately .75 acres of these wetlands will be impacted by the proposed project. A mitigation plan has been prepared and is included as exhibit I in the Environmental Impact Statement (EIS). To offset wetland losses the petitioner proposes on site preservation and restoration of 1.17 acres uplands and 12.75 acres of wetands. The site was surveyed for the presence of listed species during July, 1997. No listed species were observed by the petitioner within the expansion area. Red- cockaded woodpeckers (RCWs) are known to occur in the project area and have been documented within the PUD. A RCW cavity tree is located in the north central portion of the PUD within a preserve area. The location of the tree is indicated on the PUD master plan. Two soil types are found within the proposed addition to Naples Heritage Golf and Country Club; (14) Pineda Fine Sand, Limestone Substratum (hydric) and (21) Boca Fine Sand. Soils map and soils descriptions are included in exhibit F and G of the EIS. A review of the Historical / Archaeological Probability Maps for Collier County indicate no archaeological or historical sites to be located on the subject property. VI. RECOMMENDATIONS: Staff recommends approval of Planned Unit Development Petition No. PUD-95- 10(1), "Naples Heritage Golf and Country Club" with the following stipulations: Water Management: The petitioner must modify his SFWMD permit to reflect the above listed changes. PREPARED BY: /f ,_. , .4 Aj,A 24 AV(2 9 STAN CHRZANOWSKI DATE SENIOR ENGINEER j44%,_ g-)72 0/9 7 STEPHEN LENBERGER DATE ENVIRONMENTAL SPECIALIST II REVIEWED BY: 12.67r0,1 7 THOMAS E. KUCK, P.E. DATE ENGINEERING REVIEW MANAGER ROBERT J. MULHERE, AICP DATE CURRENT PLANNING MANAGER SL/pd/f:EAB Staff Reports/PUD-95-10 (1) Staff Report 9-3-97 Item V.C. ENVIRONMENTAL ADVISORY BOARD STAFF REPORT MEETING OF SEPTEMBER 3, 1997 I. NAME OF PETITIONER/PROJECT: Petition No.: Planned Unit Development Petition No. PUD-96-42 (2)/DOA-97-3 Petition Name: "Marco Shores PUD" (Fiddler's Creek) Applicant/Developer: DY Associates Joint Venture Engineering Consultant: Wilson, Miller, Barton and Peek, Inc. Environmental Consultant: Wilson, Miller, Barton and Peek, Inc. II. LOCATION: The petitioner is proposing to add 1,385 acres to the existing Marco Shores PUD. The subject property is located immediately east of"Fiddler's Creek", south of U.S. 41 in Sections 18, 19 and 29, Township 51 South, Range 27 East, Collier County, Florida. III. DESCRIPTION OF SURROUNDING PROPERTIES: Surrounding properties are mostly undeveloped with the following zoning classifications: ZONING DESCRIPTION N - R.O.W. U.S.41 Agricultural Partially Developed or Actively Farmed TTRVC Undeveloped C-4 Undeveloped C-5 Undeveloped Industrial Partially Developed RSF-3/GC (Naples Shores Country Club) Partially Developed S - Agricultural Undeveloped E - Agricultural Partially Developed EAB Meeting September 3, 1997 PUD-96-42 (2) (Marco Shores PUD) Page 2 VR Partially Developed CON-ST (Collier Seminole State Park) Developed W - PUD (Marco Shores) Undeveloped portions of Fiddler's Creek Agricultural Undeveloped IV. PROJECT DESCRIPTION: Fiddler's Creek is a 3,764 acre mixed use residential community with 6,000 residential dwelling units (single and multi-family), commercial tracts, golf course, recreational club center, parks, water management lakes and preserve areas. The 6,000 residential units previously approved for Fiddler's Creek will not change with this amendment. Plan of Record: Water Management: "Fiddler's Creek Conceptual Water Management Plan" Sheet 1 of 1 prepared by Wilson, Miller, Barton&Peek, Inc. dated July 1997, no revisions. Environmental: Fiddler's Creek Addition Collier County Environmental Impact Statement, prepared by Wilson, Miller, Barton&Peek, Inc., dated July, 1997. Amendment to Marco Shores Planned Unit Development as it relates to: Fiddler's Creek, prepared by George L. Varnadoe, ESQ., Young, Van Assenderp & Varnadoe, P. A., received by Planning Services on July 24, 1997. V. STAFF COMMENTS: Water Management: The proposed surface water management system to serve the 2046+ acre site will consist of two drainage areas: Sections 13, 18, 19, and 24 as one area and Section 29 as a second drainage area. The system will utilize lakes and open space areas to provide the required water quality and quantity storage volumes. Storm sewers, swales, and overland flow will convey run-off to the storage areas. EAB Meeting September 3, 1997 PUD-96-42 (2) (Marco Shores PUD) Page 3 The surface water management system will discharge via control structures to the U.S. 41 Outfall Swales No. 1 and No. 2. Although no off-site flow currently enters the site, historic flow that at one time entered the site will be routed through or around the project in accordance with South Florida Water Management District regulations and the Collier County stormwater master plan for the area. The post-development runoff rate will be limited to the pre-development rate. The control elevation and discharge rate are set at 2.5 ft-NGVD and 0.12 cfs/ac, respectively, which are the permitted values for Fiddler's Creek. Final control elevations, peak discharge rates, and minimum finished elevations will be determined at the time of SFWMD permitting in accordance with SFWMD and Collier County regulations. Environmental: The petitioner is proposing to add 1,385 acres to the existing Marco Shores PUD. The property that is being added is part of the same farming operation that n included 690 acres of land that was added to Fiddler's Creek during the 1995 amendment. Approximately 819 of these acres are currently cleared and being utilized for farming operations. The remaining 566 acres include fallow crop land, disturbed areas, palmetto prairie, pine flatwoods, scrubby flatwoods, pine-cypress- cabbage palm, wetland forest, scrub/shrub wetland, cypress forest and tidal influenced creek. Wetland delineations have not been determined in the agricultural areas within sections 18, 19 and 29. Those areas outside the agricultural footprint which possess wetland characteristics represent approximately 383 acres (28 percent) of the site. Seasonal high water levels were determined using hydro-biological indicators, including water stain lines, moss collars and lichen lines. Natural wetlands outside the agricultural footprint exhibited high water levels approximately 7 inches above the surface. Wetlands within agricultural fields exhibited elevated seasonal high water marks approximately 22 inches above the ground surface, primarily due to pumping practices. The proposed development will be confined to existing agricultural areas with all undeveloped natural wetland areas preserved. Native upland communities on site are located adjacent to preserved wetlands and will also be incorporated into the preserve areas. Listed wildlife species observed on site by the petitioner include snowy egret (Egretta thula), little blue heron (Egretta caerulea), tricolored heron (Egretta tricolor), white ibis (Eudocimus albus), bald eagle (Haliaeetus leucocephalus), EAB Meeting September 3, 1997 PUD-96-42 (2) (Marco Shores PUD) Page 4 gopher tortoise (Gopherus polyphemus) and american Alligator (Alligator mississippiensis). Listed flora observed on site includes Tillandsia fasciculata and Tillandsia utriculata. The areas in which the listed flora, gopher tortoise scat and potential bald eagle nest were observed (south half of section 19) will be preserved. A review of the Florida Game and Fresh Water Fish Commission (FGFWFC) bald eagle overlay maps for Collier County indicate three bald eagle zones to be located in sections 18, 19 and 29. Eleven soil types have been identified on the subject property and are mapped out in exhibit F of the Environmental Impact Statement. Upland soils are represented by(7) Immokalee Fine Sand, (10) Oldsmar Fine Sand, Limestone Substratum, (15) Pomello Fine Sand, (16) Oldsmar Fine Sand and (20)Ft. Drum and Malabar, High, Fine Sands. Hydric soils include (2) Holopaw Fine Sand, Limestone Substratum, (17)Basinger Fine Sand, (25)Boca, Riviera, Limestone Substratum and Copeland Fine Sands, Depressional, (27) Holopaw Fine Sand, (53)Estero and Peckish Soils, Frequently Flooded and (56)Basinger Fine Sand, Occasionally Flooded. Correspondence from the Florida Department of State, Division of Historical Resources indicates no significant archaeological or historical sites recorded for or likely to be present within the project area. A review of the Historical/Archaeological Probability Maps for Collier County show a portion of the project (north-west corner of section 29) to be located in an area of historical/archaeological probability. The petitioner will be required to submit an historical/archaeological survey and assessment (2.2.25.3.3 CCLDC) or request a waiver(2.2.25.3.10 CCLDC). VI. RECOMMENDATIONS: Staff recommends approval of Planned Unit Development Petition No. PUD-96-42 (2)/DOA-97-3, "Marco Shores PUD" with the following stipulations: Water Management: The following shall be added to Section 12.8 of the PUD document: The Developer shall make provision to accept or pass through existing flows from culverts S 1 S-00-50220 and S2S-00-S0110 under U.S. 41 by one or more of the following methods: EAB Meeting September 3, 1997 PUD-96-42 (2) (Marco Shores PUD) Page 5 i) Routing south along the east line of Sections 18 & 19 as part of U.S. 41 Outfall Swale No 2. ii) Routing through project's internal water management system. All of the above are subject to permitting by South Florida Water Management District. Within six (6) months of approval of the rezone of Sections 18 & 19, Developer shall grant a "temporary" easement to accommodate the construction of U.S. 41 Outfall Swale No. 2 along the east side of Sections 18 & 19, the profile of which shall not exceed that set forth in the construction plans therefor, as revised May 1992. Developer shall grant permanent easements as part of the platting process for properties adjacent to the temporary easement, and shall have the ability to change the boundaries of the easement, and the profile of the drainage swale during said platting process, provided minimum flows are maintained. Any other drainage easements required in Sections 18 & 19 for the conveyance of off-site flows shall be dedicated and recorded within one (1) year of the approval of the rezone of Sections 18 & 19. Environmental: 1. Label thep reserved wetlands on the south and west sides of section 29 as preserve or reserve areas on the PUD master plan. 2. Amend Section 2.2 (A) of the PUD Document to read as follows by adding the underlined language and deleting the struck tw..ough lan vas uu vu ac "C[ti Regulations for development of MARCO SHORES PLANNED UNIT DEVELOPMENT shall be in accordance with the contents of this document, PUD-Planned Unit Development District and other applicable sections and parts of the "Collier County Land Development Code"- and Growth Management Plan. 3. Amend Section 5.1.3 (A) (4) of the PUD Document to read as follows by adding the underlined language and deleting the �..� Water management facilities; and structures_ . • : ., • , •- .. ., -- • EAB Meeting September 3, 1997 PUD-96-42 (2) (Marco Shores PUD) Page 6 4. Amend Section 5.1.5 of the PUD Document to read as follows by adding the underlined language and deleting the struck through language. A non-exclusive conservation easement will be established pursuant to the Fiddler's Creek Wildlife Habitat Enhancement and Management Plan and Collier County Land Development Code Section 3.2.8.4.7.3, to the extent PREPARED : 4/i S EP I ►' ' , '. .. DATE SENIOR ENGINEE' eX:1°A STEPHEN LENBERGER DATE ENVIRONMENTAL SPECIALIST II REVIEWED BY: 3L,etei 1/tezi r3/.23/9 THOMAS E. KUCK, P.E. DATE ENGINEERING REVIEW MANAGER /2v /9. RO RT J. MULHERE, AICP DATE CURRENT PLANNING MANAGER SL/pd/f:EAB Staff Reports Item V.D. ENVIRONMENTAL ADVISORY BOARD STAFF REPORT MEETING OF SEPTEMBER 3, 1997 I. NAME OF PETITIONER/PROJECT: Petition No. : PUD-97-11 Petition Name: Creekside Commerce Park Applicant/Developer: Barron Collier Partnership Engineering Consultant: Wilson, Miller, Barton & Peek, Inc . Environmental Consultant: Wilson, Miller, Barton & Peek, Inc. II. LOCATION: The subject property is located on the south side and adjacent to Immokalee Road; Bordering the eastern and western sides of Goodlette Road. It lies within Section 27, Township 48 South, Range 25 East, in northern Collier County Florida. III. DESCRIPTION OF SURROUNDING PROPERTIES: The surrounding land uses are a combination of residential sub- divisions, a County park, the hospital and the wastewater n treatment plant . ZONING DESCRIPTION N - PUD (Collier Tract 22) Residential and Golf Course PUD (Collier Health Center) Medical offices & Hospital PUD (North Naples Medical) Medical offices Immokalee Road Road Right of Way Y S - PUD (Pelican Marsh) Residential and Golf Course Industrial (Public Utility) Collier County Waste Water Treatment Plant E - PUD (SW Regional Healthpark) Medical offices Goodlette Frank Road Road Right of Way W - Agriculture Farm fields Bay Forest PUD Residential Goodlette Frank Road Road Right of Way EAB Meeting September 3, 1997 PUD-97-11 (Creekside Commerce Park) Page 2 IV. PROJECT DESCRIPTION: Creekside Park is proposed to be predominantly light industrial, warehouse, wholesale and distribution uses, financial institutions, business, office, and a limited amount of retail uses . Plan of Record: Water Management: Creekside Commerce Park, Exhibit H, Conceptual Stormwater Management Plan By Wilson, Miller, Barton & Peek, Inc . , dated July 3 , 1997, Sheet 9 of 9 . Environmental: Creekside Commerce Park, Collier County, Environmental Impact Statement . Prepared by Stuart W. Miller & Bruce Layman of Wilson, Miller, Barton & Peek, Inc. The Creekside Commerce Park PUD document dated July, 1997 . V. STAFF COMMENTS: Water Management: For purposes of providing water quality treatment and quantity peak flow attenuation, this project is divided into three basins. Two basins, DA-1 and DA-2, are situated west of Goodlette Road, one on each side of the "Pine Ridge Canal" . The third basin, DA-3 , sits on the east side of Goodlette Road and has a creek/wetland system running through it . The creek is the extension of the system that conveys water from Victoria Park around and between the No. Collier WWTP percolation ponds . All three basins have positive discharge points. Basins DA-1 and DA-2 (west side of Goodlette) are controlled at EL 6 . 0 . Basin DA-3 (east of Goodlette) is controlled at EL 4 . 0, even though it appears to be inland and upstream of basins DA-1 & DA-2 . This anomaly is due to SFWMD weir policies of the last few decades. The proposed conceptual system appears adequate to provide water quality retention/detention and water quantity peak flow attenuation for the project . n EAB Meeting September 3, 1997 n PUD-97-11 (Creekside Commerce Park) Page 3 Environmental: The subject property covers one hundred-eight (108+) acres on the southeast and southwest corners of the intersection of Goodlette Frank Road and Immokalee Road. Approximately thirty- four (34) acres are active farm fields, five (5) acres were previously used for industrial purposes, and another 24 acres have been impacted by canals, ditches, FP&L easements and previous clearing. Approximately forty-five (45) acres of native vegetation exist on site. Less than ten(10) acres are jurisdictional wetlands and the remaining thirty-five (35) acres are upland. The petitioner will be preserving fifteen percent of the native vegetation as required by the CCLDC. These areas are generally identified on the Master Plan but may be relocated in the event that future permitting or unforeseen events require those areas to be cleared. Of the nine acres of wetlands on site, three acres are surface waters such as ditches and canals . The western wetlands consist of a two acre Brazilian pepper(Schinus terebinthi- folius) invaded Willow(Salix caroliniana) Pond, and the Pine Ridge canal . The eastern wetland consists of ditches, disturbed areas and a two and a half (2 . 6) acre cabbage palm (Sabal palmetto) wetland which is dominated in the canopy by cabbage palm and laurel oak(Quercus laurifolia) .The groundcover consists of swamp fern(Blechnum serrulatum) , royal fern (Osmunda regalis) and leather fern (Acrostichum daneifolium) with scattered exotics throughout . The higher quality wetlands will be preserved with the hydroperiod being maintained or enhanced. The upland areas with native vegetation consist of pine flatwoods, scrubby flatwoods, Pine mesic oak, live oak, mixed hardwood communities . The pine flatwoods cover the largest area and contain slash pine (Pinus elliottii) , live oak (Quercus virqiniana) , saw palmetto (Serenoa repens) , beauty berry(Callicarpa americana) , wax myrtle (Myrica cerifera) , rusty lyonia (Lyonia ferruginea) gallberry(Ilex qlabra) , myrsine (Rapanea punctata) and other groundcovers typical in pine flatwoods. The pine-mesic Oak area is similar with the addition of laurel oak(Quercus laurifolia) . The scrubby flatwoods area has a more open slash pine, live oak canopy with scattered saw palmetto and wax myrtle. Groundcover was predominantly wiregrass, prickly pear cactus (Opuntia spp. ) , gopher apple (Licania michauxii) , rusty lyonia, penny n royal (Piloblephis rigida) , and lichens (Cladonia spp. ) . EAB Meeting September 3, 1997 PUD-97-11 (Creekside Commerce Park) Page 4 The mixed hardwoods communities were a variety of typical hardwood species such as slash pine, live oak, cabbage palm, saw palmetto, with scattered grape vine and grasses . A protected species survey was conducted by the consultant and a single active Gopher tortoise burrow was identified and will be protected in-situ. Two inactive burrows will be excavated and if tortoise or commensals are found, they will be relocated to the area where the active burrow will be preserved. VI. RECOMMENDATIONS: Staff recommends approval of PUD 97-i1 "Creekside Commerce Park" with the following stipulations : WATER MANAGEMENT: 1 . The petitioner will be required to obtain a SFWMD permit prior to final SDP approval . ENVIRONMENTAL: 1 . Add the following language to Section 5 of the PUD document : The proposed native vegetation retention areas, depicted on the Creekside Commerce Park Master Plan, are intended for meeting the native vegetation requirements of the Collier County Growth Management Plan(CCGMP) and the Collier County Land Development Code (CCLDC) . Adjustments may be made to the location of the preservation areas at the time of preliminary plat or site development plan approval . If adjustments are needed, per the CCLDC the applicant will have the option to increase the preservation in another area, enhance and preserve another area, or provide increased native landscape per the CCLDC. The proposed preservation areas, including 2 . 9 acres of wetlands and 4 . 1 acres of uplands, depicted on the Creekside Commerce Park Master Plan, are areas where the native vegetation requirements may be met as set forth in the CCLDC. " 2 . Remove the last sentence in Section 5 .4 of the PUD document as it is redundant and covered more clearly in the above paragraph. 3 . Add the following language to the PUD document : EAB Meeting September 3, 1997 PUD-97-11 (Creekside Commerce Park) Page 5 Environmental permitting shall be in accordance with the State of Florida Environmental Resource Permitting (ERP) rules, and shall further be subject to review and approval by Collier County Planning Services Department Environmental Review Staff . PREPARED BY: fr,/ Stan Chrzanowski Date Senior Engineer c ) G/4/7 B. bara S . Burgeson Date Environmental Specialist II REVIEWED BY: ./20Z 6/25/7/Z' Thomas E. Kuck, P.E. Date Engineering Review Manager _ 1/4-37f R.'ert J. Mulhere, AICP Date Current Planning Manager