EAC Agenda 05/04/1994 COLLIER COUNTY
ENVIRONMENTAL ADVISORY BOARD AGENDA
MAY 4, 1994; 9:00 a.m.
COMMISSION BOARDROOM, THIRD FLOOR--BUILDING "F"
I. ROLL CALL
II. APPROVAL OF MINUTES--April 13 , 1994
III. ADDENDA
IV. CONSENT/ADMINISTRATIVE APPROVAL AGENDA
V. REGULAR AGENDA
A. Continued from April 13 , 1994
Preliminary Subdivision Plat Petition No. PSP-93-7
"Waterways at Orangetree"
Section 14 , Township 48 South, Range 27 East
Collier County, Florida
B. Planned Unit Development Petition No. PUD-94-02
"Westport Commerce Center"
Section 3 , Township 50 South, Range 26 East
Collier County, Florida
C. Preliminary Subdivision Plat Petition No. PSP-94-5
"Tierra Bay"
Section 10, Township 51 South, Range 26 East
Collier County, Florida
VI . OLD BUSINESS
VII. NEW BUSINESS
A. Discussion of Adoption of Wildlife Guidelines
VIII. ADJOURNMENT
IX. WORKSHOP
***********************************************************************
NOTES:
A. [Board Members] : Notify PROJECT PLAN REVIEW (643-8470) no
later than 5 P.M. on Monday May 2, 1994, if you cannot attend
this meeting or if you have conflict and thus will abstain
from voting on a particular petition.
B. [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 insure that a verbatim
record of the proceedings is made, which record includes the
testimony and evidence upon which the appeal is to be based.
***********************************************************************
COMMUNITY DEVELOPMENT SERVICES DIVISION
CURRENT PLANNING SECTION
MEMORANDUM
TO: EAB Members
FROM: Fred Reischl 1`//
-
Environmental Specialist II
DATE: April 28, 1994
RE: EIS - Requirements
Per your direction, Staff has investigated the requirements for
biophysical impacts in an Environmental Impact Statement (EIS) .
The impact categories of "Air Quality" and "Noise" are frequently
deemed "not applicable" by the petitioner, and accepted as such by
Staff. However, if Staff determines that air quality and noise
may be affected by the proposed project, the two impact categories
are regulated by the following standards:
Biophysical
Air Quality - The petitioner must indicate anticipated changes in
levels of air pollutants as defined by current regulations. The
Florida Department of Environmental Protection standards are the
current regulations
Noise - The petitioner must describe the changes in decibels and
duration of noise generated during and after the project (both day
and night) that will exceed Collier County regulations. Collier
County Ordinance No. 93-77 (Noise Ordinance) regulates decibels
and duration of noise. Blasting noise is regulated by the
individual blasting permit.
The petitioner must also demonstrate compliance with Federal Aid
Highway Program Manual 7-7-3 noise regulations.
FR/ew/doc:7342
cc: Chrono File
MINUTES OF THE ENVIRONMENTAL ADVISORY BOARD
DATE: April 13 , 1994
TIME: 9 : 00 A.M.
]?LACE: 3rd Floor Boardroom, Building "F" , Collier County
Government Center, Naples, Florida
EAB STAFF PRESENT
Hermanson X Kuck X
Hinchcliff X Burgeson X
Neale X Keene
Saadeh X Lenberger X
Straton X Reischl X
Wilkison X Seal X
Foley X Clark X
Saadeh X
Mulhere X
MINUTES BY: Fred Reischl, Environmental Specialist II
CALLED TO ORDER AT: 9: 00 a.m. ADJOURNED AT: 10: 35 a.m.
;PRESIDING: Michel Saadeh, Chairman
ADDENDA TO THE AGENDA: None
;APPROVAL OF MINUTES: March 2 , 1994
Motion by Mr. Hermanson seconded by Mr. Neale to approve the
minutes of March 2 , 1994 , with grammatical correction to Comments
paragraph of item concerning EIS, carried 7/0.
Page 1
ENVIRONMENTAL ADVISORY BOARD April 13 , 1994
******
PETITION NO: Rezone Petition No. R-94-1
"Sam Colding Rezone"
FILED BY/FOR: James N. Wilkison, P.L. S. of Wilkison and
Associates, Inc. /Sam J. and Joyce F. Colding
REOUESTING: The petitioner proposes to rezone approximately 1. 27
acres of land from A-ACSC/ST to MH-ACSC/ST in
Plantation Island, Florida.
REPRESENTED BY: Dr. Neno J. Spagna, AICP, Florida Urban
Institute, Inc.
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.
MOTION: Made by Ms. Straton, seconded by Mr. Neale and carried
6/0, to approve Petition R-94-1 with Staff's
stipulations. Mr. David Wilkison abstained from the
vote.
STIPULATIONS:
Water Management:
1. In accordance with the rules and regulations of
South Florida Water Management District and
Collier County, this project shall be designed for
water quality treatment prior to discharge. If
the South Florida Water Management District
(SFWMD) , claims jurisdiction on-site, a Surface
Water Management Permit, issued by SFWMD, shall be
provided prior to final site development plan
approval.
Environmental:
1. Upon approval, this rezone is subject to a
forty-five (45) day appeal period by the Florida
Department of Community Affairs pursuant to
Chapter 9J-1 of the Florida Statutes.
******
Page 2
ENVIRONMENTAL ADVISORY BOARD April 13 , 1994
PETITION NO: Preliminary Subdivision Plat Petition No. PSP-94-2
"Pine Air Lakes"
FILED BY/FOR: Michael Kennedy, Wilson, Miller, Barton & Peek,
Inc. /Naples Associates Ltd. , Partnership
REQUESTING: Preliminary subdivision approval of parcel zoned
planned unit development (Pine Air Lakes PUD) which
allows retail and office commercial development.
REPRESENTED BY: Michael Kennedy, Wilson, Miller, Barton & Peek,
Inc.
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.
MOTION: Made by Mr. Foley, seconded by Mr. Neale and carried
7/0, to approve Petition PSP-94-2 with modified
stipulations.
STIPULATIONS:
Water Management:
1. The allowable discharge rate from Pine Air Lakes
may be increased if, prior to final site
development plan approval, an analysis is
submitted demonstrating that a discharge rate
greater than 0. 06 cfs/acre (pursuant to Collier
County Ordinance No. 90-10) will not affect the
capacity of the Airport Road Canal. If capacity
is affected the developer will make modifications
to the canal. Proper permits from applicable
agencies shall be obtained to that affect.
2 . A Big Cypress Basin (South Florida Water
Management District) right-of-way permit, allowing
the project's discharge into the Airport Road
Canal, shall be provided prior to final site
development plan approval or construction plan
approval as applicable.
3. Exception to the required one hundred foot (100' )
lake setback requirement shall be requested in
writing prior to final site development plan
approval or construction plan approval as
applicable.
Page 3
ENVIRONMENTAL ADVISORY BOARD April 13 , 1994
4. Side and rear lot lake setbacks must be a minimum
of fifty feet (50' ) from lake top of bank. A
reduction in this setback must be requested in
writing prior to final site development plan
approval or construction plan approval as
applicable and may be allowed with perimeter
fencing.
5. A copy of South Florida Water Management District
permit with staff report is required prior to
final site development plan approval or
construction plan approval as applicable.
6. An excavation permit will be required for the
proposed lakes in accordance with Division 3.5 of
the Collier County Land Development Code and
South Florida Water Management District rules.
Environmental:
1. The wetland preserve area shall be surveyed prior
to plat approval. Protective covenants for the
preserve shall be indicated and recorded on the
plat. Adjacent lots shall be subject to the
setbacks described in Collier County Land
Development Code Section 3.2 .8.4.7.
2 . Per the Pine Air Lake PUD document no parking,
outside displays, signs or structures will be
allowed within an average twenty-five feet (25' ) ,
minimum fifteen feet (15' ) of the wetland.
******
ITEM: Introduction of Thomas E. Kuck, P. E. , Senior Project
Manager for Project Plan Review by Richard R. Clark,
Acting Administrator Community Development Services
Division.
******
PETITION NO: Preliminary Subdivision Plat Petition No. PSP-93-7
"Waterways at Orangetree"
FILED BY/FOR: Steve Means, Wilson, Miller, Barton & Peek, Inc.
/Naples Orangetree Limited
REQUESTING: Preliminary subdivision plat approval for "Waterways
at Orangetree" .
REPRESENTED BY: Steve Means and Jack Abney of Wilson, Miller,
Barton & Peek, Inc.
Page 4
ENVIRONMENTAL ADVISORY BOARD April 13 , 1994
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.
David Addison, The Conservancy Inc. presented a letter
to EAB from Dr. Fitch, of The Conservancy Inc. , urging
adoption of County Wildlife guidelines.
Petitioner requested the petition be continued to the
May EAB meeting.
MOTION: Made by Mr. Hermanson, seconded by Mr. Neal and
carried 7/0, to continue Petition PSP-93-7 to the May
EAB meeting.
******
ITEM: May Agenda
COMMENTS: Discussion of letter to Board of County Commissioner's
regarding the adoption of Wildlife Guidelines.
MOTION: Item to be placed on May Agenda by Order of the Chair.
******
There being no further business, the meeting was adjourned by
order of the Chair.
Environmental Advisory Board
Michel Saadeh, Chairman
Page 5
f-
4•
FORM 4 MEMORANDUM OF VOTING CONFLICT
LAST NAME—FIRST NAME—MIDDLE NAME s `
L1rr i L 1 S C�,J '— � �/f l� — S">`�l'�" (7�/ THE BOARD, COUNCIL,COMMISSION, AUTHORITY, OR COMMITTEE ON
WHICH I SERVE ISA UNIT OF:
ILING ADDRESS
0 1. /An.i FLS 0 CITY COUNTY 0 OTHER LOCAL AGENCY 0 STATE
CITY COUNTY n
A 1�L ES Co L c ie Q NAME OF POLITICAL SUBDIVISION OR STATE AGENCY
DATE ON WHICH VOTE OCCURRED
t61% ('21L J3 � i �y4
COL c. l�IzCOUNT 1
NAME OF'BOARD,COUNCIL,COMMISSION,AUTHORITY,OR COMMITTEE
rOVIV/ C04.1i4'1E../'rpL ADvt Sti2.y /30,9121)
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 are 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 are not prohibited from
voting. In such cases, however, the oral and written disclosure of this part must be made.
I, the undersigned local public officer, hereby disclose that on , 19
(a) I abstained from voting on a matter which (check one):
inured to my special private gain; or
inured w the special gain of , by whom I am retained.
CE 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:
Fz,c✓t a -{, ,�, 6 A/0 . t2- 94 - /
'r
77
/ci4 �'
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*1(1317(1983),A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MA,
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.
CE FORM 4-REV. 10-84 PAGE_
Item V.A.
ENVIRONMENTAL ADVISORY BOARD
REVISED STAFF REPORT
MEETING OF MAY 4 , 1994
I. NAME OF PETITIONER/PROJECT:
Petition No. : PSP-93-7
Petition Name: "Waterways of Orangetree"
Applicant/Developer: Naples Orangetree Limited
Engineering Consultant: Steve Means, Wilson, Miller, Barton &
Peek, Inc.
Environmental Consultant: Craig Schmittler and Jack Abney,
Wilson, Miller, Barton & Peek, Inc.
II. LOCATION:
Section 14 , Township 48 South, Range 27 East; bounded by Golden
Gate Estates lots to the north, undeveloped portions of the
Orangetree PUD to the east, developed portions of the Orangetree
PUD to the south and Golden Gate Estates lots to the west.
III. PROJECT DESCRIPTION:
The subject property is a 332 acre parcel which has been
previously farmed. Lake excavation has begun on this property and
an approval was granted to continue work on the second lake.
Currently a portion of the property has been mowed and is used for
grazing cattle.
Plan of Record:
Water Management:
"Preliminary Subdivision Plat for Waterways of Orangetree"
prepared by Wilson, Miller, Barton & Peek, Inc. Sheet 3 of 6,
dated November 29, 1993 , two revisions.
Environmental:
"Preliminary Subdivision Plat for Waterways of Orangetree"
prepared by Wilson, Miller, Barton & Peek, Inc. , dated November
29, 1993 as revised.
EAB Meeting 5/4/1994
Revised Staff Report
PSP-93-7, "Waterways at Orangetree"
Page 2
IV. STAFF COMMENTS:
Water Management:
The proposed project is located within the South Florida Water
Management District Sub Basin No. 1 as permitted under Orangetree
Master Conceptual Surface Water Management Permit No. 11-00. 418-S.
Four interconnected lakes will provide water quality treatment for
the project. Surface water runoff will be conveyed to the lakes
through catch basins and culvert systems.
Lake 1-1 and 1-2 have received commercial excavation permits and
are near completion. Lake 1-3 is under review for a commercial
excavation permit. Lake 1-4 has not been submitted for permit
review.
Final discharge for this project will be through an approved canal
in the northeast corner of the site.
Environmental:
The subject property is a previously farmed pasture which is
currently being used to graze cattle. The pasture has recently
been mowed and is mostly upland grass and herbacious material,
with scattered pines and palmetto. The area is conducive to
burrowing owl activity and has a history of active burrows within
the boundary of the preliminary subdivision plat.
Staff conducted a site visit on January 6, 1994 with Mrs. Kimberly
Dryden from the Florida Game and Freshwater Fish Commission
(FGFWFC) and Mr. Craig Schmittler of Wilson, Miller, Barton &
Peek, Inc. Four burrowing owl burrows were observed along the
easternmost portion of the property, east of the north-south
running canal. One of those burrows was active; no owls were
observed utilizing the remaining three burrows. The active burrow
is located approximately 400 feet southeast of Lake 1-3 and within
the proposed footprint of Lake 1-4 .
A detailed survey was done in the immediate vicinity of Lake 1-3
to determine if owl burrows from the previous year still existed.
No evidence of any burrows was seen. Since this area was recently
mowed and is currently grazed by cattle, it was recommended that
this lake excavation begin as soon as possible to pre-empt
burrowing owls from beginning to use this area for nesting.
As required by the Collier County Land Development Code Staff is
obligated to seek technical assistance specifically regarding
the known presence of burrowing owls on this site. Staff has
incorporated the recommendations of the local Florida Game and
EAB Meeting 5/4/1994
Revised Staff Report
PSP-93-7 , "Waterways at Orangetree"
Page 3
Fresh Water Fish Commission staff (Mrs. Kimberly Dryden) and at
the petitioner's request has contacted Mr. Brian Millsap, Bureau
Chief, Division of Wildlife for FGFWFC. Mr. Millsap reviewed
the project information and Mrs. Dryden's recommendations and as
the State expert on burrowing owls, he concurs with her
recommendations for this project.
V. RECOMMENDATIONS:
Staff recommends approval of of Preliminary Subdivision Plat
Petition No. PSP-93-7 , "Waterways at Orangetree" with the
following stipulations:
Water Management:
1. Lake setbacks of less than 100 feet from street rights-of-way
require approval of Development Services Director. Setback
calculations shall be submitted prior to final construction
plan approval.
2 . A copy of South Florida Water Management District Permit
Modification is required prior to final site development plan
approval.
Environmental:
1. The petitioner should proceed as soon as possible with Lake
1-3 excavation to pre-empt burrowing owl attraction to the
site that may result from recently introduced grazing
activities.
2 . Prior to each phase of the final plat and construction plan
approval the following shall be completed.
a. If proposed construction activities will be conducted
during nesting season (2/15 - 7/10) : the applicant shall
monitor for burrowing owls during the nesting season
(generally February 15 to July 10) to document active
nesting territories and actual nesting dates. The
applicant shall survey within the proposed phase and up to
one hundred feet (100' ) from that boundary. The applicant
shall submit a short report documenting the nesting
locations and dates of breeding behavior. If breeding
behavior warrants smaller buffers (as documented by a
qualified biologist) than recommended in stipulation 2b,
these will be adjusted accordingly by Collier County
Project Plan Review Environmental Staff.
EAB Meeting 5/4/1994
Revised Staff Report
PSP-93-7, "Waterways at Orangetree"
Page 4
b. Should the petitioner propose any construction activities
prior to having completed the aforementioned surveys and
conditions the petitioner shall contact Florida Game and
Fresh Water Fish Commission and Project Plan Review
Environmental Staff. At a minimum the petitioner shall
survey for burrowing owl activity and shall submit that
data to Collier County Project Plan Review Environmental
Staff. All burrows with eggs or young within this phase
and up to one hundred feet (100' ) from the phase boundary
shall be buffered as follows:
1) Ten foot (10' ) radius around burrows located on single
family home lots.
2) Fifty foot (50' ) buffer in conjunction with
infrastructure construction.
3) One hundred foot (100' ) buffer in conjunction with
lake excavation and blasting.
C. If proposed construction activities will be conducted
outside the nesting season (generally July 11th to
February 14th) , the petitioner may either provide
appropriate buffers to protect the burrows or obtain the
necessary State and/or Federal permits to take the
burrows.
PREPARED,, BY. f
le, 4 .
Stet' faI(/- Dat
Senior Engineer
Barbara S. Burgeson Date
Environmental Specialist II
REVIEWED BY:
11 /4 2 -LI
Thomas E. Kuck, P.E. Date /
Senior Project Manager
c -j
Bob Mulhere Date `
Acting Current Planning Manager
Item V.B.
ENVIRONMENTAL ADVISORY BOARD
STAFF REPORT
MEETING OF MAY 4 , 1994
I. NAME OF PETITIONER/PROJECT:
Petition No. : PUD-94-02
Petition Name: "Westport Commerce Center"
Applicant/Developer: Andrew J. Saluan, Trustee
Engineering Consultant: Alan D. Reynolds, AICP, Wilson, Miller,
Barton & Peek, Inc.
Environmental Consultant: Dorothea Zysko, M.A. , Tom Trettis, B.A.
and Jeff Davidson, P.E. , Wilson,
Miller, Barton & Peek, Inc.
II. LOCATION:
Bounded on the north by S. R. 84 and by partially developed
property zoned industrial (I) , on the east by C. R. 951, on the
south by undeveloped property zoned agricultural, and on the west
by undeveloped property zoned commercial (C-3) , multi-family
residential (RMF-12) and agricultural, in Section 3 , Township 50
South, Range 26 East, Collier County, Florida.
III . PROJECT DESCRIPTION:
The project site is a ninety-seven (97) acre parcel zoned
industrial (I) , commercial intermediate (C-3) , residential
multi-family (RMF-12) and agricultural (A) within an urban
residential/commercial activity center designation as identified
on the future land use map of the Collier County Growth Management
Plan.
The applicant is proposing a mix use commerce center with
commercial, hotel and industrial uses. The balance of the
property will consist of two stormwater management lakes, open
spaces and an 16. 0 acre natural preserve area.
Plan of Record:
Water Management:
Westport Commerce Center Exhibit "A" PUD Master Plan prepared by
Wilson, Miller, Barton & Peek, Inc. , dated December 17, 1993 , one
revision.
EAB Meeting 5/4/1994
PUD-94-02 , "Westport Commerce Center"
Page 2
Environmental:
Environmental impact statement for "Westport Commerce Center" ,
prepared by Wilson, Miller, Barton & Peek, Inc. , dated December,
1993 and Westport Commerce Center - PUD Document, prepared by
Wilson, Miller, Barton & Peek, Inc. , dated November, 1993 ,
revision received by Project Plan Review on April 12 , 1994 .
IV. STAFF COMMENTS:
Water Management:
The proposed surface water management system to serve the 97 . 0
acre Planned Unit Development will consist of 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.
The developed discharge rate for the project will be equal to 0. 04
cfs/acre. The project will bleeddown into the Henderson Canal and
overflow into undeveloped uplands and wetlands southwest of the
project via spreader swale.
The control elevation was determined using groundwater monitoring
data and existing South Florida Water Management District permits
from surrounding projects.
The project contains a Reserve area which is connected to an
off-site wetland. In order to maintain the integrity of the
off-site wetland, the Reserve area (16. 0 acres) and a buffer/open
space area (1. 8 acres) will be excluded from the project's surface
water management system by a perimeter berm.
Off-site flow from the contiguous parcel to the north and overflow
from the aforementioned Reserve and buffer/open space areas will
be routed around the project.
Environmental:
A site visit was conducted on December 2 , 1993 by Stephen
Lenberger, Project Plan Review Environmental Staff and Tom
Trettis, Biologist for Wilson, Miller, Barton & Peek, Inc.
The subject property is an undeveloped ninety-seven (97) acre
tract with a mixture of pine uplands, freshwater marsh, willow
pond and pine/cypress wetlands. Dominant vegetation on site
consists of slash pine (Pinus elliottii) , cypress (Taxodium sp. ) ,
melaleuca (Melaleuca quinquenervia) , blue maidencane (Amphicarpum
muhlenbergianum) , swamp fern (Blechnum serrulatum) , rushes (Juncus
sp. ) and saw grass (Cladium iamaicense) . Sixteen (16) acres of
Collier County jurisdictional wetlands are present on the property
all of which are to be preserved.
EAB Meeting 5/4/1994
PUD-94-02 , "Westport Commerce Center"
Page 3
Listed plant species found on site include butterfly orchid
(Encyclia tampensis) , golden polypody (Phlebodium aureum) and wild
pine (Tillandsia setacea) . No State or Federally listed fauna
have been observed.
V. RECOMMENDATIONS:
Staff recommends approval of Planned Unit Development Petition No.
PUD-94-02 , "Westport Commerce Center" with the following
stipulations:
Water Management:
1. A copy of South Florida Water Management District Permit or
Early Work Permit with staff report is required prior to site
development plan approval .
2 . Detailed water management plans and calculations, signed and
sealed by a Florida Professional Engineer shall be provided.
3 . An Excavation Permit will be required for the proposed lakes
in accordance with Division 3 . 5 of Collier County Ordinance
No. 92-73 and South Florida Water Management District rules.
4 . Prior to site development plan approval, a Big cypress Basin
(SFWMD) Right-of-Way Permit allowing the crossing of drainage
basin boundaries and allowing discharge into Henderson Creek
shall be submitted.
5. Authorization to direct stormwater runoff into the property to
the south shall be provided prior to construction plan
approval.
6. A cross-section of perimeter berm shall be provided prior to
preliminary subdivision plat approval.
7 . Prior to construction plan approval it shall be demonstrated
that Henderson Creek has the capacity to handle the discharge
from Westport Commerce Center.
Environmental:
1. Section 2 . 20 of the PUD document proposes 18 . 8 acres (19. 4% of
97 acres) as retained viable naturally functional native
vegetation. Another 5. 6 acres shall be delineated prior to
preliminary subdivision plat approval in order to satisfy the
twenty-five percent (25%) requirement pursuant to Section
3 . 9 . 5. 5. 3 of the Collier County Land Development Code.
EAB Meeting 5/4/1994
PUD-94-02 , "Westport Commerce Center"
Page 4
2 . Amend Section 2 . 3 (A) of the PUD document to read as follows:
Regulations for development of Westport Commerce Center shall
be in accordance with the contents of this PUD ordinance,
applicable sections of the Collier County Land Development
Code (to the extent they are not inconsistent with this PUD
ordinance) and Collier county Growth Management Plan which are
in effect at the time of issuance of final development order.
3 . An exotic vegetation removal, monitoring, and maintenance plan
for the site, with emphasis on the Conservation/Preservation
areas, shall be submitted to Project Plan Review Environmental
Staff for review and approval prior to final site
plan/construction plan approval.
i
PREPARED BY:.
Steve Se-1� / ' i Date
Senior Engineer
L i � 22/2y
Stephen Lenberger Date
Environmental Specialist II
REVIEWED BY:
1 172z/9d
Thomas E. Kuck Date
Senior Project Manager
/2 2(g,V
Bob Mulhere Date
Acting Current Planning Manager
ITEM V.C.
ENVIRONMENTAL ADVISORY BOARD
STAFF REPORT
MEETING OF MAY 4 , 1994
I. NAME OF PETITIONER/PROJECT:
Petition No. : PSP-94-5
Petition Name: Tierra Bay
Applicant/Developer: EMC Holdings, Inc.
Engineering Consultant: John P. Asher, P.E. , McAnly, Asher and
Associates, P.A.
Environmental Consultant: Dwight H. Nadeau, McAnly, Asher and
Associates, P.A.
II. LOCATION:
Located on the south side of Manatee Road approximately 4 mile
east of State Road 951, in Section 10, Township 51 South, Range 26
East, Collier County, Florida.
III. PROJECT DESCRIPTION:
The petitioner proposes to build a 478 unit multi-family
condominium complex consisting of sixty-eight two story buildings,
seven swimming pools and associated restroom facilities. The
zoning for the project is RMF-16.
Plan of Record:
Water Management:
"Tierra Bay Preliminary Subdivision Plat Master Utilities & Water
Management Plan" Sheet 3 of 4 dated January 28, 1994 , no revisions
and "Tierra Bay Preliminary Subdivision Plat Typical Cross-Section
Sheet" , sheet 4 of 4 , dated February 8, 1994 , no revisions.
Environmental:
Environmental Impact Statement (EIS) for Tierra Bay prepared by
McAnly, Asher and Associates, P.A. , dated March, 1994 and water
management computations for Tierra Bay prepared by McAnly, Asher
and Associates, P.A. , dated March, 1994 .
EAB Meeting 5/4/1994
PSP-94-5, Tierra Bay
Page 2
IV. STAFF COMMENTS:
Water Management:
The surface water management system serving Tierra Bay is designed
to provide for water quality treatment and storm abatement for
65.87± acres of the multi-family dwelling units. The water
management system serving Tierra Bay will consist of 13 . 9 acres of
lakes, 0. 5 acres of preserve, and 9 . 3 acres of "green belt" which
will receive all runoff from the impervious areas such as
buildings, roads, and parking. Runoff is collected from the roads
and building areas by catch basin and culvert systems for
conveyance to the nearest lake. All ten of the on-site lakes will
be interconnected with culverts. Water quality treatment will be
accomplished by the use of grassed conveyance swales whenever
possible.
There is an existing lake at the northwest property corner that is
the current outfall for Rookery Bay Apartments. A second outfall
from Rookery Bay Apartments is located in the middle of the south
abutting property line. The water management system for Tierra
Bay is designed to convey the additional flows, from the Rookery
Bay Apartments, through the Tierra Bay project outfall. The water
control structure will provide detention of the runoff generated
by the 25-year/3-day storm event. The proposed control structure
will be a Type "E" catch basin with a 12" diameter orifice bleeder
at the control elevation. The proposed control elevation is based
on existing adjacent projects. The South Bay Plantation has an
existing control elevation of 2 . 5 feet NGVD and the Coral Isle
Factory Outlet (Manatee Shopping Center) has a control elevation
of 2 . 7 feet NGVD. The control elevation for Tierra Bay was
determined to be 2 . 7 feet NGVD. This control elevation will raise
the Rookery Bay Apartments control elevation by 0. 2 feet. The
finish floor elevation of the apartments was set by the FIRM flood
Maps (higher than the 100 year flood stage) and will not be
adversely effected by raised water elevations.
The water management plan for Tierra Bay generates a peak
discharge of 5. 66 CFS ( . 06 cfs/acre) and a peak stage of 5. 44
feet NGVD during the 25-year, 3-day storm event for the combined
projects. Portions of the perimeter berm are existing above the
25-year, 3-day storm event. Additional berms will be installed to
completely enclose the project area. The berm will be set at a
minimum elevation 5. 6 feet NGVD.
EAB Meeting 5/4/1994
PSP-94-5, Tierra Bay
Page 3
Environmental:
A site visit was conducted on February 16, 1994 by Stephen
Lenberger, Project Plan Review Environmental Staff and Dwight
Nadeau, Planning Director, McAnly, Asher and Associates, P.A. The
subject property is 65. 87 acres and consists of two small man made
ponds surrounded by abandoned agricultural fields. Review of old
County aerial photographs reveals that the property has laid
fallow since the mid 1970's. Vegetatively the site consists
mainly of pasture grasses, dog fennel (Eupatorium sp. ) , muscadine
grape (Vitis munsoniana) , blackberry (Rubus sp. ) , poison ivy
(Toxicodendron radicans) , swamp fern (Blechnum serrulatum) ,
Brazilian pepper (Schinus terebinthifolius) , coastal plain willow
(Salix caroliniana) , wax myrtle (Myrica cerifera) , laurel oak
(Ouercus laurifolia) , cabbage palm (Sabal palmetto) and slash pine
(Pinus elliottii) .
Approximately 5. 9 acres of Collier County jurisdictional wetlands
occur on site. Much of these have been impacted through past
agricultural activities. The least impacted wetland system occurs
along the south property line and will be preserved within the
proposed one hundred foot (100' ) green belt. Plant diversity is
higher in this area (marked 640 on the Tierra Bay FLUCCS Exhibit)
and consists mainly of the following: Fuirena sp. , sedges
(Cyperus spp. ) , swamp fern (Blechnum serrulatum) , red-root
(Lachnanthes caroliniana) , chain fern (woodwardia sp. ) , goldenrod
(Solidago sempervirens?) , coastal plain willow (Salix
caroliniana) , wax myrtle (Myrica cerrifera) , yellow eyed grass
(Xyris sp. ) , dog fennel (Eupatorium sp. ) , mock bishop's-weed
(Ptilimnium capillaceum) , beak rush (Rhynchospora sp. ) , water
primroses (Ludwigia spp. ) , marsh fleabane (Pluchea sp. ) and meadow
beauty (Rhexia sp. ) .
Listed wildlife species which occur on the property include gopher
tortoise (Gopherus polyphemus) . These animals are located on the
man made berm along the eastern edge of the property. These will
be preserved within the proposed one hundred foot (100' ) green
belt.
A letter dated February 7, 1994 to Dwight Nadeau, McAnly, Asher
and Associates, P.A. , from George Percy, Director, State of
Florida, Division of Historical Resources and State Historic
Preservation Officer indicates that no significant archaeological
or historical sites are recorded for or considered likely to be
present within the project area.
EAB Meeting 5/4/1994
PSP-94-5, Tierra Bay
Page 4
V. RECOMMENDATIONS:
Staff recommends approval of Preliminary Subdivision Plat Petition
No. PSP-94-5, "Tierra Bay" with the following stipulations:
Water Management:
1. A Florida Department of Transportation (FDOT) right-of-way
permit will be required prior to final site development plan
approval for construction of water management facilities
within SR 951 right-of-way.
2 . A copy of South Florida Water Management District (SFWMD)
permit with staff report is required prior to final site
development plan approval.
3 . An excavation permit will be required for the proposed lakes
in accordance with Division 3 . 5 of the Collier County Land
Development Code and South Florida Water Management District
rules.
Environmental:
1. Permits or letters of exemption from the U. S. Army corps of
engineers (ACOE) , Florida Department of Environmental
Protection (FDEP) and South Florida Water Management District
(SFWMD) shall be presented prior to final plat/construction
plan approval.
2 . All conservation areas shall be designated as
Conservation/Preservation tracts or easements on all
construction plans and shall be recorded on the plat or by
separate instrument with protective covenants per or similar
to Section 704 . 06 of the Florida Statutes.
3 . All proposed mitigation for wetland impacts to Collier County
jurisdictional wetlands shall comply with Appendix 7 of the
South Florida Water Management District rules and be subject
to review and approval by Project Plan Review Environmental
Staff.
4 . A site clearing plan shall be submitted to Project Plan Review
Environmental Staff for review and approval prior to final
construction plan approval. This plan may be submitted
in phases to coincide with development.
EAB Meeting 5/4/1994
PSP-94-5, Tierra Bay
Page 5
5. Fifty percent (50%) of all laurel oaks (Quercus laurifolia)
and live oaks (Quercus virginiana) with a four (4) inch dbh or
greater and fifty percent (50%) of all cabbage palms (Sabal
palmetto) with a minimum of eight (8) feet of clear trunk
shall be retained or relocated on site.
6. An exotic vegetation removal, monitoring and maintenance plan
for the site, with emphasis on the Conservation/Preservation
areas, shall be submitted to Project Plan Review Environmental
Staff for review and approval.
7 . A habitat management plan for gopher tortoises and /or permit
form the Florida Game and Fresh Water Fish Commission, if
appropriate, shall be submitted to Project Plan Review
Environmental Staff for review and approval.
PREPARED BY: /
l ' r�
Steve Seel Date /
SeniorEngineer
Stephen Lenberger Date
Environmental Specialist II
REVIEWED BY:
- 41/10(W
P d/zz/9".
Thomas E. Kuck, P.E.
Senior Project Manager
•
lY.; t Zi.
Bob Mulhere Date'
Acting Current Planning Manager