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Agenda 06/10/2014 Item #16A16 6/10/2014 16.A.16. EXECUTIVE SUMMARY Recommendation to determine that the proposed Walgreens Rezone project satisfies the criteria for exemption to allow for a stormwater discharge rate above the.15 cubic feet per second (CFS) limit expressed in Policy 6.3 of the Stormwater Management Sub-Element of the Growth Management Plan(GMP)(Companion to RZ-PL20130001302). OBJECTIVE: To have the Board of County Commissioners (BCC) determine that the proposed Walgreens Rezone project satisfies the criteria for exemption to allow for a stormwater discharge rate above the .15 cubic feet per second (CFS) limit expressed in Policy 6.3 of the Stormwater Management Sub-Element of the Growth Management Plan. CONSIDERATIONS: Policy 6.3 of the Stormwater Management Sub-Element limits the stormwater discharge rate for projects, with the limits of discharge allocated per basin. When not basin specified, the limit expressed is .15 cfs/acre. Contained in the same policy is a provision which states, "The County may exempt projects from these allowable off-site discharge rates if any of the following applies. 1. The project is part of an existing South Florida Water Management District (SFWMD)permit, which allows discharge rates different than those listed above. 2. It can be documented that the project currently discharges off-site at a rate higher than those listed above." The full policy has been attached within Exhibit"A". The Walgreens Rezone is a proposed redevelopment project located on a 1.79-acre parcel, currently developed as the Teddy Bear Museum within the YMCA facility, at the northeast corner of Airport Road and Pine Ridge Road. Currently, the proposed project is part of an existing SFWMD permit that exceeds the policy limits and could qualify for the exemption as contained in Policy 6.3. On April 28,2014,the County received a correspondence from Bruce Anderson (Exhibit "B") representing the project developer, requesting that the project be determined to qualify for the exemption allowed for by Policy. Within the correspondence, Mr. Anderson states, "Policy 6.3 allows the County to expressly exempt this project under Paragraph #2 by the fact that YMCA project, which the subject site is a part of is in possession of an existing permit, which allows a discharge rate of 4.07 CFS/ACRE." The current allowed discharge rate of 4.07 cfs/acre, as documented in the attached Stormwater Report (Exhibit "C") allows for the project to qualify for the exemption based upon the existing permitted District discharge rate exceeds the .15 cfs/acre limit of Policy 6.3. Additionally, the applicant has provided a"Runoff Narrative"(Exhibit"D"),which condenses the Stormwater Report by its key points. FISCAL IMPACT: There is no fiscal impact associated with this Executive Summary. LEGAL CONSIDERATIONS: This item is approved for form and legality. A majority vote is needed for Board approval. -HFAC GROWTH MANAGEMENT IMPACT:,Policy 6.3 of the Stormwater Management Sub-Element states that the County may exempt projects from the .15 cfs/acre stormwater discharge rate limit. The BCC's decision on exempting qualifying projects from the discharge rate limit, is in compliance with the GMP. Packet Page-840- 6/10/2014 16.A.16. RECOMMENDATION: Staff recommends that the BCC determine that the Walgreens Rezone project meets the exemption criteria stated in Policy 6.3 of the Stormwater Managment Sub- Element. Prepared By: Mike Bosi,AICP,Planning and Zoning Director Attachments: Exhibit"A"—Policy 6.3 of the Stormwater Management Sub-Element;Exhibit "B"—April 28,2014 Applicant Letter and support documents;Exhibit"C"—Stormwater Report;Exhibit"D"—Runoff Narrative. tTh Packet Page-841- 6/10/2014 16.A.16. COLLIER COUNTY Board of County Commissioners Item Number: 16.16.A.16.A.16. Item Summary: Recommendation to determine that the proposed Walgreens Rezone project satisfies the criteria for exemption to allow for a stormwater discharge rate above the .15 cubic feet per second (CFS) limit expressed in Policy 6.3 of the Stormwater Management Sub-Element of the Growth Management Plan (GMP) (Companion to RZ-PL20130001302). Meeting Date: 6/10/2014 Prepared By Name:BosiMichael Title: Director-Planning and Zoning, Comprehensive Planning 5/13/2014 2:56:11 PM Approved By Name: PuigJudy Title: Operations Analyst, Community Development&Environmental Services Date: 5/19/2014 2:27:30 PM Name: AshtonHeidi Title: Managing Assistant County Attorney, CAO Land Use/Transportation Date: 5/21/2014 9:40:28 AM Name: MarcellaJeanne Title:Executive Secretary, Transportation Planning Date: 5/28/2014 7:51:04 AM Name: IsacksonMark Title: Director-Corp Financial and Mngmt Svs, Office of Management&Budget Date: 5/28/2014 1:43:34 PM Name: KlatzkowJeff Title: County Attorney, Date: 5/28/2014 3:37:31 PM Name: OchsLeo Title: County Manager, County Managers Office Packet Page-842- 6/10/2014 16.A.16. Date: 5/29/2014 3:36:34 PM Packet Page-843- 6/10/2014 16.A.16. EXHIBIT "A" PUBLIC FACILITIES ELEMENT Stormwater Management Sub-Element Policy 6.3: Allowable off-site discharge rates shall be computed using a storm event of 3 day duration and 25 year return frequency. The allowable off-site discharge rates are as follows: a. Airport Road North Sub-Basin 0.04 cfs/acre (North of Vanderbilt Beach Road) b. Airport Road South Sub-basin 0.06 cfs/acre (South of Vanderbilt Beach Road) c. Cocohatchee Canal Basin 0.04 cfs/acre d. Lely Canal Basin 0.06 cfs/acre e. Harvey Basin 0.055 cfs/acre f. Wiggins Pass Basin 0.13 cfs/acre g. All other areas 0.15 cfs/acre (III) The County may exempt projects from these allowable off-site discharge rates if any of the following applies: 1. The project is part of an existing SFWMD permit, which allows discharge rates different than those listed above. 2. It can be documented that the project currently discharges off-site at a rate higher than those listed above. The documentation required for this purpose shall be prepared by a registered professional engineer, and will consist of an engineering study which utilizes the applicable criteria in the "SFWMD Basis of Review for Environmental Resource Permit Applications". The study shall be subject to review and approval by the County and SFWMD staff. The study shall include the following site-specific information: a. Topography b. Soil types and soil storage volume c. Vegetation types d. Antecedent conditions e. Design rainfall hydrograph f. Depression storage capacity g. Receiving water hydrograph, and (III) h. Other relevant, appropriate, and professionally accepted hydrologic and hydraulic data. Using the above information, a hydrologic and hydraulic model shall be developed which demonstrates the higher off-site discharge rate. Packet Page-844- 6/10/2014 16.A.16. Exhibit "B" Packet Page-845- 6/10/2014 16.A.16. BosiMichael n From: Anderson, Bruce[BAnderson @ralaw.com] Sent: Monday,April 28, 2014 5:40 PM To: BosiMichael Cc: Jason Crews Qcrews @ferbercompany.com); Jeffrey Satfield asatfield @cphcorp.com); Lockhart, Joshua (P.E.){Lockhart@cphcorp.com)Uoockhart@cphcorp.com) Subject: Walgreens Drainage Discharge Exemption Attachments: Walgreens Runoff; Runoff narrative 0422.14.docx; Walgreens Stormwater Report.pdf Follow Up Flag: Follow up Due By: Wednesday,April 30, 2014 9:00 AM Flag Status: Flagged Hi Mike, Attached are the applicable docs to support Exemption #2 under Drainage Sub element Policy 6.3. In addition to the technical support docs which are attached, I asked the engineers to explain it in layman's terms and that explanation is in the attached narrative. The rezone is set for June 10 BCC mtg. If the rezone qualifies for Summary Agenda, will you place the drainage discharge exemption on Summary as well, since there is no disagreement? Pls let me know if you have any questions on the attachments and I'll try to get answers -For you. Thank you for your assistance in moving this along. Bruce Original Message From: Lockhart, Joshua (P.E.) [mailto:jlockhartPcphcorp.com] Sent: Tuesday, April 22, 2014 4:22 PM To: Zublick, Kelly; Anderson, Bruce Cc: Jason Crews; lcoultherPferbercompany.com; Satfield, Jeffrey M. (P.E.) Subject: RE: Naples The attached email is what I sent Jack and Carmen initially. The most recent stormwater report is attached as well as a narrative describing the increased runoff. Jack never responded via email approving this, he told me verbally that he was ok with it. Carmen with SFWMD is reviewing the ERP application as I write this from what she told me today. Please let me know if you need anything else. Thanks, Josh Lockhart, P.E., LEED AP Project Manager CPH Phone: (239) 332-5499 ext 3203 Please note our e-mail address and website have changed New e-mail: llockhartOcphcorp.com New website: www.cphcorp.com Original Message 1 Packet Page-846- 6/10/2014 16.A.16. From: Zublick, Kelly Sent: Tuesday, April 22, 2014 3:41 PM To: Bruce Anderson (bandersonOralaw.com) (banderson(alralaw.com) Cc: Lockhart, Joshua (P.E.); Jason Crews; Janet Coulther (icoultherOferbercompany.com) Subject: RE: Naples Bruce: See attached per Jason's request; drainage info to be sent under separate cover. Kelly Zublick Assistant To Jeffrey M. Satfield, P.E., CPESC CPH (239) 332-5499 x 3200 Original Message From: Lockhart, Joshua (P.E.) Sent: Tuesday, April 22, 2014 11:54 AM To: 'Jason Crews'; Satfield, Jeffrey M. (P.E.); Bruce Anderson Cc: Janet Coulther; Mike Chadwick Subject: RE: Naples We are putting that info together now for Bruce. Josh Lockhart, P.E., LEED AP Project Manager CPH Phone: (239) 332-5499 ext 3203 Please note our e-mail address and website have changed New e-mail: ilockhart @cphcorp.com New website: www.cphcorp.com Original Message From: Jason Crews [mailto:icrews()ferbercompany.com] Sent: Tuesday, April 22, 2014 11:49 AM To: Satfield, Jeffrey M. (P.E.); Lockhart, Joshua (P.E.); Bruce Anderson Cc: Janet Coulther; Mike Chadwick Subject: Naples CPH Please get Bruce all current color exhibits for the hearing and he will print. Also, please provide technical info for drainage. Janet We need to see what info we can provide for past projects we might have done. Also, need to make a copy of purchase contract removing the purchase price. You might need to get from Mike. Once you have please email to Josh. Jason Crews VP of Development The Ferber Company Office-904-285-7600 Cell-904-625-1189 2 Packet Page-847- 6/10/2014 16.A.16. Any federal tax advice contained herein or in any attachment hereto is not intended to be used, and cannot be used, to (1) avoid penalties imposed under the Internal Revenue Code or '(2) support the promotion or marketing of any transaction or matter. This legend has been affixed to comply with U.S. Treasury Regulations governing tax practice. 3 Packet Page-848- 6/10/2014 16.A.16. Exhibit"D" Upon review of the previous stormwater permit documents and the survey of the subject property it was discovered that a large portion of the previously permitted pond volume did not exist in the developed condition. This reduction in volume created a situation whereby the previously permitted discharge rate and pond stages were no longer valid in the real world conditions. The discovery was reviewed by the South Florida Water Management District and Collier County Staff. Staff assessed the existing conditions and supporting documentation. It was decided that an increase to the allowable discharge rate matching the undeveloped condition of the site would be the best solution to this challenging issue The rate increase requested under GMP Policy 6.3, #3 is related to the condition of the site before any development took place. The site originally was a mixture of pine uplands and wetlands that drained generally from east to west towards Airport Pulling Road canal. No containment features existed on the site in the original condition, i.e. ponds, lakes, or berms to restrict the flow. The original condition was modeled using a program titled ICPR, which uses input from the designer to generate a peak flow rate for particular storm events. The input includes basin area, time of concentration (meaning how long it takes runoff to move from the furthest point in the basin to the outfall, in this case the Airport Pulling canal), soil types, and land cover information to setup a drainage area. The storm event required for by the SFWMD and Collier County is the 25 year/ 3 day storm. The 25 year frequency means there is a 4% chance that the event will happen in a given year. The 3 day duration dictates that the model is run showing rain over the basin for 72 straight hours. The amount of rain over this duration is 8.5".Considering this major storm event a peak runoff or discharge of 4.07 cubic feet per second (cfs) was generated in the original undeveloped condition. 4 cfs is approximately the rate of discharge of a 6" PVC pipe flowing full down a hill. The proposed system will recoup volume using advanced stormwater treatment techniques and make slight adjustments to the existing control structures to limit the site discharge to less than the undeveloped condition and much less than the existing system's discharge, as well as provide more than the required water quality treatment. In addition the proposed discharge rate combined with improvements to the pond will greatly reduce the potential for off-site flooding of the adjacent developments. Packet Page-849-