EAC Minutes 05/07/2008 R
May 7, 2008
MINUTES OF THE MEETING OF THE COLLIER COUNTY
ENVIRONMENTAL ADVISORY COUNCIL
Naples, Florida, May 7,2008
LET IT BE REMEMBERED, that the Collier County Environmental
Advisory Council in and for the County of Collier, having conducted
business herein, met on this date at 9:00 AM in REGULAR SESSION at
Building "F" of the Government Complex, Naples, Florida, with the
following members present:
CHAIRMAN: William Hughes
VICE CHAIRMAN: Dr. Judith Hushon
Allison D. Megrath (Excused)
Roger Jacobsen
David Bishof
Nick Penniman
Michael V. Sorrell
Dr. Llew Williams
Paul Lehmann
ALSO PRESENT: Jeff Wright, Assistant County Attorney
Susan Mason, Principal Environmental Specialist
Steve Seal, PE, Sr. Engineer
Summer Brown-Araque, Sr. Environmentalist Specialist
Willie Brown, Principal Planner
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""VI~ONMENTAL ADVISORY COUNCIL
AGENDA
May 7, 2008
9:00 A.M.
Commission Boardroom
W. Harmon Turner Building (Building UFU) - Third Floor
.
t
Call to Order
II.
Roll Call
III.
Approval of Agenda
Approval of April 2, 2008 meeting minutes
Approval of March 5 & 6, 2008 meeting minutes
Upcoming Environmental Advisory Council Absences
IV.
V.
<<"-'-W.'-
LanctUse Petitions
A. Planned Unit Development Rezone No. PUDZ-2007-AR-12581 -eontinued from April
meeting
Esperanza Place PUDZ
Section 32, Township 46 South, Range 29 East
B. Rezone No. RZ-2007-AR-12044 (per CCPC Chair)
Immokalee LLC RZ
Section 9, Township 47 South, Range 29 East
C. Conditional Use No. CU-2006-AR-10805
Hogan Island Quarry CU
Sections 9, 10, 15, 16, 21, & 22, Township 47 South, Range 28 East
VII. New Business
VIII. Old Business
A. Update members on projects
B. SR 846 Semi-annual Wetland Monitoring Data-sent electronically
IX. Subcommittee Reports
X. Staff Comments
XI. Council Member Comments
XII. Public Comments
XIII. Adjournment
...................****.*****...*******.***.***********.****...****
Council Members: Please notify Summer Araaue. Environmental Services Senior Environmental
SDecialist no later than 5:00 D.m. on Mav 1. 2008 if YOU cannot attend this meetina or if YOU have a
conflict and will abstain from yotina on a Detition 1252-62901.
General Public: Any person who decides to appeal a decision of this Board will need a record of the
proceedings pertaining thereto; and therefore may need to ensure that a verbatim record of proceedings is
made, which record includes the testimony and evidence upon which the appeal is to be based.
"'''''-'~''
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May 7,2008
I. Call to Order
The meeting was called to order by Chairman Hughes at 9:00AM.
II. Roll Call
Roll call was taken and a quorum was established.
The Council recognized Mr. Lehmann as a new member.
III. Approval of Agenda
Mr. Jacobsen moved to approve the agenda. Second by Mr. Penniman. Carried
unanimously 8-0.
IV. Approval of April 2, 2008 meeting minutes
Mr. Penniman moved to approve the minutes of the April 2, 2008 meeting. Second
by Dr. Hushon. Carried unanimously 8-0.
Approval of March 5 & 6 meeting minutes
Dr. Hushon moved to approve the March 5 & 6 meeting minutes subject to the
following change:
Page 3, Paragraph 4, line #2 IS to (EfS)
Second by Dr. Williams. Carried unanimously 8-0.
V. Upcoming Environmental Advisory Council Absences
Mr. Jacobsen will be absent for the June meeting
Dr. Uushon will be absent for the August meeting
Dr. Williams will be absent for the September meeting
VI. Land Use Petitions
A. Planned Unit Development Rezone No. PUDZ-2007-AR-1251 - continued
from April meeting
Esperanza Plaza PVDZ
Section 32, Township 46 South, Range 29 East
Mr. Bishof stated he has spoken with a consultant on the project.
The presenters were sworn in.
Heidi Williams of Q. Grady Minor and Assoc. noted that this application is a
continuation from the April 2, 2008 meeting. She provided a brief review of the
proposal noting the unresolved issue was the status of the determination of native
vegetation. Staff has visited the site and a resolution has been reached and a
memorandum provided to the Council members from Susan Mason to the
Environmental Advisory Council dated 4/21/2008 which outlines the agreement.
A small portion of the vegetation has been considered native vegetation and Staff
has allowed this area to be mitigated offsite and the PUD documents have been
revised accordingly.
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May 7, 2008
Marco Espinar stated that the Petitioner is in the process of permitting the
Project with the South Florida Water Management District.
Mr. Jacobsen requested a list of the names of the owners, or Board of Directors
of the Petitioner Corporations (Florida Non Profit Services, Inc and the
Empowerment Alliance of Southwest Florida Community Development
Corporation).
Heidi Williams stated a written list of the Directors of the Florida Non Profit
Services, Inc. has been supplied to the Council.
Dottie Cook of the Empowerment Alliance stated the Board Members from
Immokalee are Ski Olesky, Silvia Puente and Marie Adame, and from Hendry
County, Frederick Small, Nardina Simmons, Roberta Silva and Genevia Boyd.
Mr. Penniman noted there were no Staff comments from Environmental Impact
Statement #3.
Susan Mason, Principal Environmental Specialist stated that Claudia
Piotrowicz is not present today as she is no longer employed by the County;
however, Claudia did review EIS #3, and found it not to be significantly different
from EIS #2. Based on this review, there was no updated Staff Report prepared.
A memorandum from her, (Susan Mason) to the Environmental Council dated
4/21/2008 was prepared based on meetings with the applicant which outlines the
recommendations by Staff.
She stated Staffrecommends approval ofPUDZ -- 2007 -12581 Esperanza Plaza
PUDZ based on the following recommendations provided in the memorandum:
A. A Florida Black Bear management plan shall be provided to the County
Manager or Designee during the SDP or plat review process.
B. The site currently contains +/- 1.26 acres of native vegetation (0.52 +/- acres
of upland and +/- 0.73 acres of wetland native vegetation onsite); a minimum
of 25%, 0.32 acres, must be preserved. For the 0.13 acre portion of the upland
vegetation, the applicant will donate an equivalent off-site preserve to be
accepted by public agency or contribute a monetary payment to Conservation
Collier equivalent to the average per-acre value found in an appraisal of the
entire site, multiplied by the number of acres to be preserved off-site, plus 15
percent of that amount as an endowment for management of off-site land. The
appraisal shall be based on the fair market value of the land as if the desired
zoning is in place. Twenty-five percent of the 0.73 acres wetland native
vegetation will be preserved and appropriately managed off site at an
approved mitigation bank. All preservation must be accomplished prior to
SDP/PPL approval. This off-site preservation may be utilized as part of the
required off-site mitigation as part of the Environment Resource Permit.
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May 7, 2008
C. The subject property was used for agricultural purposes and incurred clearing
for which no permit can be located; in order for clearing to be considered
legal and re-creation of vegetation removed not be required an after-the-fact
clearing fee will be paid for the clearing of approximately 23.6 acres prior to
approval for the SDP or PPL relevant acreage.
Heidi Williams noted that the Petitioner is in agreement with these stipulations.
Mr. Sorrell moved to approve the Petition (Planned Unit Development Rezone
No. PUDZ-2007-AR-1251 - Esperanza Plaza PUDZ) subject to the Staff
stipulations. Second by Mr. Bishof. Carried unanimously 8-0.
B. Rezone No. RZ-2007-AR-12044 (per CCPC Chair)
Immokalee LLC RZ
Section 9, Township 47 South, Range 29 East
The presenters were sworn in.
Sean Malarkey of Coastal Engineering Consultant, Inc. requested a
continuance of this item until later in the meeting.
Mr. Jacobsen moved to revise the agenda to hear item VI. C before VI. B.
Second by Mr. Lehmann. Carried unanimously 8-0.
C. Conditional Use No. CU-2006-AR-I0805
Hogan Island Quarry CU
Sections 9,10,15,16,21, & 22, Township 47 South, Range 28 East
Mr. Penniman disclosed that he spoke with Nicole Ryan regarding the project
and had an incidental conversation with Tom Jones of Barron Collier Companies
where this issue did not come up.
The presenters were sworn in.
John Passidomo ofCheffy, Passidomo, Wilson and Johnson, LLP
representing the Petitioner provided an overview of the project noting that the
applicant is Barron Collier Companies and Rinker Materials of Florida, Inc. The
Petition is for a Conditional Use Permit for an earth mining operation and related
processing of materials to be located % miles north of the Immokalee Road, Oil
Well Grade Road intersection. lt is a 967 acre parcel located in the Rural Land
Steward ship Area. He noted that the lack of local supply of Florida Department
of Transportation (FDOT) grade aggregate rock in the region is placing economic
and environmental strains on construction of roadways within the region. He
provided excerpts from the FDOT Strategic Aggregate Review Task Force study
(Final Report) which reports that the supply is not adequate to meet the required
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May 7, 2008
demand in the region. He also provided a map ofFDOT approved borrow pits in
Collier County.
Mr. Penniman requested clarification if the document Mr. Passidomo was citing
is the Strategic Aggregate Review Task Force Final Report provided to the
Governor, President of the Senate, and the Speaker of the House of
Representatives on February 1,2008; if so, is under the impression that the report
indicated that there is sufficient aggregate supply available in the State of Florida
and the FDOT could not identify a deficit.
Mr. Passidomo noted that the findings in this report indicate that if the rock is
located 35 miles from the construction site, the related transportation costs are 7
times the costs of the aggregate.
Mr. Penniman noted that the issue is a matter of economic costs of the rock, not
supply.
Mr. Bishofrequested a map ofFDOT approved borrow pits in Lee County as
there may be pits closer to 1-75 than the one proposed herein.
Tracy Bryant, Cemex Community Relations Manager noted there were several
consensus and non-census findings that are contained in the FDOT Strategic
Aggregate Review Task Force Final Report. The findings were that the adequate
supply could not be identified at this point in time and the projection by FDOT for
2025 is that demand will outweigh supply for road construction projects currently
on the books. Further, identifying new sources is important as the permitting
process takes 5-7 years.
Mr. Penniman noted he is under the impression the Task Force has not "nailed
down" a specific deficit and in its conclusion did not feel there was a deficit in the
supply of aggregate.
Tracy Bryant stated that they found there was no deficit for current demands,
however there will be a deficit for future demands. She will provide the exact
document to the Council.
Mr. Passidomo continued his overview noting that a portion of the land is
currently in agricultural use which will remain active during and after the
excavation. The excavation area is approximately 700 acres and is located in the
Open Lands (lands oflower natural resource quality) of the Rural Lands
Stewardship Area and adjacent to Habitat Stewardship Areas. The project is
located approximately 2.5 miles from Corkscrew Sanctuary. He noted that within
a 2 mile circle of the site, there are approximately 6 residences.
He presented a document entitled "Hogan Quarry Stipulations" and attached
"Hogan Quarry Dust Control Plan" which are new voluntary stipulations provided
from the applicant.
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May 7, 2008
Dr. Hushon noted that these stipulations contained differences from the original
submittal of the Petition (i.e. "There will be no onsite asphalt batch plant" as
originally proposed, etc.).
The following was noted regarding the voluntary stipulations:
. Regarding discontinuing of wells within the excavation area the stipulation
should state "Each well within the excavation area will be plugged pursuant
to state regulations below the excavation level prior to excavation in the
immediate area. "
. Regarding Blasting Activities, It should state "Blasting shall be limited to 1
charge per day, but no more than an average of 2 to 3 charges per week".
The Council noted that Staff should be provided a copy of the document "Hogan
Quarry Stipulations and attached "Hogan Quarry Dust Control Plan" for review
and comment.
Dr. Hushon noted that the project is in very close proximity to Corkscrew
Sanctuary for Wildlife Habitat Purposes, and recommended additional littoral
zones to accommodate wildlife habitat, especially wading birds.
Jeff Wright, Assistant County Attorney addressed the scope of Environmental
Advisory Council in the review process noting that this is the Conditional Use
Petition for a Change of Use phase ofthe process. At a later date, there will be an
Excavation Permit request which will also require approval by the Environmental
Advisory Council,
Emilio J. Robau, P.E. of RW A, Inc. provided a review of the technical aspects
of the application noting the following:
. There will be 700 acres oflakes upon completion of the excavation
. The existing operation is agricultural use, some of which will remain during
and after the mining
. The agricultural uses are bermed and isolated with the current water
discharged off site via a system of pumps
. The construction of the lakes will be coordinated with the agricultural uses
. There will be a tailings pond for processing of the rock
. There will no dewatering for excavation purposes
. Borings have been completed on the site determining the confining layer as
well as locations and depths of the rock
. During the mining activity, the excavation lakes will be interconnected, but
isolated from off site discharges to prevent sediments from exiting them
. Upon completion of the mining and the sediment settles in the lake, the
restoration plan will provide for a return to pre-agricultural historic
discharges and those necessary for the enhancement of the mitigation areas
. There are 5 isolated wetlands currently on site
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May 7, 2008
Tim Hall of Turrell, Hall and Assoc. noted the 5 on-site isolated wetlands on
site are not jurisdictional wetlands; however the project will require Army Corp of
Engineers review because of the off-site mitigation proposed.
Tracy Bryant, Cemex Community Relations Manager provided the findings
from FDOT Strategic Aggregate Review Task Force and noted the following
consensus recommendations contained in the Final Report in the area ofIssue #1,
Construction Aggregate Materials Management:
. An abundant supply of construction aggregate materials is critical to the
economy of the State
. Florida lacks a short or long term comprehensive vision which addresses
demand and supply (i.e. where are the deposit reserves and where will these
materials be needed as the State continues to grow)
. Develop the Strategic Aggregate Resource Assessment funded jointly by
the FDOT and Industry
. Encourage the use ofrecycled and reused construction aggregate materials
. Investigate and encourage the use of alternative materials substitution for
construction aggregate materials
. State and local governments should protect existing mines from the
incompatible land uses and in consideration of the infrastructure investment
associated with the plan for expansion
Mr. Penniman noted that the conclusion of the Task Force was for the State to
begin an assessment of the supply. The conclusions contained no contradiction to
assertion that there is adequate aggregate available at the current time, and
understood this was one of their findings.
Tracy Bryant noted this is a review of the findings and it was not one of the
findings that there is adequate aggregate supply currently existing.
Further there are only 3 certified FDOT sources in Collier County and the Lee
County reserves have been exhausted.
Mr. Penniman noted he would find a copy the document to make sure that he
and Tracy Bryant are reviewing the same document.
Tim Hall of Turrell Hall and Associates continued the presentation in the area
of the Environmental aspects noting the following:
. The site has 27 acres classified as native vegetation under the County
definition
. There are 11 acres of wetlands in 5 isolated areas jurisdictional according
to the State regulations, not Federal regulations. The Army Corp Public
notice has been issued
. All 11 acres of the wetlands are impacted and the project proposes
mitigation through enhancement of existing off site wetland areas and
creation of new wetland areas
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May 7, 2008
. No telemetry documentation of Black Bear and Florida Panther on the
site, further, there is no physical evidence of Panthers utilizing the site,
however there may be Panther in the area
. Management plans for a myriad of species is being developed at this time
. Representatives of the Audubon society have reviewed the site and
recommended a concentration of the littoral areas as opposed to spreading
them throughout the site
. In relation to previously approved projects, the project exceeds the
amount of linear footage of littoral area created around the shoreline
Mr. Lehmann asked ifthere are any studies on the effects of blasting on Panther
Activity.
Tim Hall is not aware of any of these types of studies; however there have been
studies regarding gunfire effects on the Panther indicating that they move off the
tramways or roadways, however stay in the area. Further, thunderstorms that
occur in the Region may startle the Panthers more than blasting.
Break - IO:33AM
Re-convene - 1 0:48AM
Mr. Penniman stated that due to technical issues, he cannot obtain an immediate
copy of the FDOT Strategic Aggregate Review Task Force findings and he will
address the issue of supply and demand of aggregate construction materials at the
Planning Commission hearing.
John Passidomo submitted a copy of the Department of Army Corp of Engineers
Public Notice for Permit Application No. SAJ-2008-615-ACR for the record.
Mark Stevens, registered Geologist and Engineer in the State of Florida
continued the presentation providing an overview on the soil borings noting the
following:
. 40 borings were conducted on the site to define the location of the confining
layer as well as locations of the rock (limestone)
. The confining layer of clay will not be disturbed with a portion of limestone
to remain on top of the confining layer
. The excavation depths will be refined as the excavation process proceeds
. The existing water table level will not be altered significantly during the
operation of mining, upon completion of the mining the water table will
return to its historic state
. The depths of the excavations on site may vary depending on the depths of
the confining layer, however the excavations will be no deeper than 40 feet
It was noted that the project will excavate approximately 44.5 million cubic yards
of material.
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May 7, 2008
Jeff Rosenfeld, Sr. Hydrologist for MacVicar, Federico & Lamb, Inc.
continued the presentation regarding hydrology noting the following:
. The limestone is not characterized as highly permeable
. No dewatering is proposed in conjunction with the mining activity
. With regard to the excavation activity there will be 2 feet less drawdown's
on the wetlands in relation to the current agricultural activity
Dr. Williams asked for clarification on the impacts on wildlife with a 24 hour
operation in relation to lights and noise.
Tim Hall stated the operations area has been separated as much as possible from
Corkscrew Sanctuary and Camp Keais Strand. The 24 hour operation will require
the various Agencies to address light and noise impacts.
It was noted that the application today is for a change of land use and the
Petitioner will return with a future excavation permit request and more specific
details of the design will be available at that time including the reclamation plan.
Susan Mason, Sr. Environmental Specialist stated that the document "Hogan
Quarry Stipulations" and attached "Hogan Quarry Dust Control Plan" were
provided today and recommended any vote based on this document be postponed
until Staff has adequate time to review the document. She noted that any
stipulations imposed by the Council above and beyond normal Staff
recommendations should be included in the motion for enforcement purposes.
Willie Brown, Principal Planner stated that he is the project coordinator for the
Petition and the Staffreport was based on the applicants Environmental Impact
Statement and application. The current application will need to be revised to
provide for elimination of the asphalt batch plant. He has not had a chance to
review the "Hogan Quarry Stipulation and attached Hogan Quarry Dust Control
Plan."
John Passidomo stated that the Petitioner has no objections to any of the
recommendations in the Staff Report, the Stipulations submitted by the Petitioner
are voluntary and in addition to the Staff recommendations. The Petitioner would
withdraw the voluntary stipulations if necessary for an approval today.
Speakers
Nicole Ryan of the Conservancy of Southwest Florida noting that the process
allows stipulations to be placed on the approval and recommends:
. A 300 foot buffer adjacent to all Habitat Stewardship Areas with no truck
traffic allowed within the buffer
. A daytime only operation
. The Petitioner provide funds for a wildlife crossing
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May 7, 2008
John Passidomo stated that the Environmental Advisory Council should adopt
any stipulations they feel necessary. Further, in some areas with the littoral shelf,
the effective buffer will be approximately 600 feet; lighting and noise may be
addressed at the excavation permit request level; and if the Petitioner is creating
any wildlife impacts, they would be willing to pay their fair share for a wildlife
crossmg.
A discussion ensued regarding the feasibility of allowing operation of the mine at
night, but limiting the time trucks may enter and/or exit the site to assist in
protecting wildlife on the roadway.
Tim Hall stated that alternative technologies are being reviewed (vehicle warning
systems for wildlife, etc.)
The Council requested, if possible, Mr. Hall provide any information regarding
these types of technologies, etc.) for their information.
Dr. Williams welcomed the additional stipulations provided by the Petitioner as
they help to address many questions regarding the operation.
Mr. Jacobsen moved to formulate wording of a motion to address potential
permit conditions and areas of concern.
A lengthy discussion occurred between the Council members, Staff and the
Petitioners representatives regarding potential wording of an approval, the
concept of outlining stipulations and concerns, the possible inclusion of the
additional stipulations submitted by the Petitioner today without Staff review, the
formality of a vote on a current application versus the requirement of submitting a
revised application, etc.
Mr. Penniman stated he was not in favor of a motion of this format with the
applicant submitting last minute stipulations without review by Staff. He noted
the Esperanza Petition was continued for 30 days pending Staff Review oflast
minute submitted information (EIS #3). He noted the stipulations proposed by the
Petitioner are favorable; however it is a procedural issue for the Environmental
Advisory Council.
Willie Brown, Principal Planner stated that the Petitioner will be required to
submit a revised application reflecting the elimination of the asphalt batch plant.
John Passidomo noted that the issues addressed in the voluntary stipulations
would have been raised at the hearing today; the stipulations are an attempt to
address these issues in advance of questions that may have been posed by Council
members.
Following the discussion Mr. Jacobsen clarified the motion to the following.
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May 7,2008
Mr. Jacobsen moved to approve the current application (Conditional Use No. CU-
2006-AR-10805 - Hogan fsland Quarry CU) subject to the following conditions:
1. The applicant adhere to the 4 Recommendations contained in the Staff Report
(Environmental Advisory Council Staff Report, Meeting of May 7, 2008, Page
11 of 13)
2. Elimination of the proposed Asphalt Batch Plant
3. That additional littoral shelves be placed along the lake shoreline adjacent to
OM #1 and #2 in addition to the 2 littoral shelves proposed.
4. Each well within the excavation area be plugged (below the excavation level
prior to excavation in the immediate area)
5. The United States Fish and Wildlife Service approve the project in accordance
with Section 7 or Section 10 prior to issuance of the mining permit by the
County.
fn addition, the Environmental Advisory Council has concerns regarding the
following:
1. The scope of a 24 hour operation in relation to noise and lighting impacts
2. Traffic impacts
3. Possible funding of a wildlife crossing
4. Consideration of providing a 300 foot buffer adjacent to all Habitat
Stewardship Areas
Further, the Environmental Advisory Council recognizes the Petitioners voluntary
commitment to abide by the supplementary "Hogan Quarry Stipulations" submitted
by the Petitioner to the Council today.
Second by Dr. Williams. Motion carried 7-yes - 1 no. Mr. Penniman voted no.
Break - 12:20PM
Re-convene -1:05PM
Mr. Penniman voiced concern over the long term implications of allowing applicants
to negotiate conditions during the deliberations of a motion amongst the Council
members.
Further, he was informed by a Staff member (Barbara Burgeson) that there is a rule
that if information is submitted by an Applicant that has not been reviewed by the
Staff, the item is to be postponed until Staff review.
He recommended that an item be placed on the next agenda to discuss what will be
accepted for late submitted documents in future hearings.
Summer Brown-Araque, Sr. Environmental Specialist stated the issue will be
placed on the next agenda.
B. Rezone No. RZ-2007-AR-12044 (per CCPC Chair)
ImmokaIee LLC RZ
Section 9, Township 47 South, Range 29 East
II
May 7, 2008
(Continuation)
The presenters were sworn in.
Sean Malarkey of Coastal Engineering Consultant, Inc. provided a brief
overview of the project indicating the property is 9.33 acres located on the comer
of County Road 846 and School Road. It did not require previous EAC review
for a re-zone as the parcel is less than 10 acres. It was reviewed by the Planning
Commission and they referred it to the Environmental Advisory Council for
review based on the proximity of wetlands in the Lake Trafford area and Camp
Keais Strand and there was no concept plan for a preserve. He noted the
following:
. The preserve is now shown on the plans
. The zoning change is for residential multi-family use with a maximum
density of 15 units per acre
. 3.14 acres of the site is wetland located with the preserve to be located on
the southern portion of the property, the wetland in the northern portion
will be mitigated
. The project proposes 140 residential units in a 3 story building
Tammy Lyday, Sr. Biologist of Earth Balance provided an overview on the
Environmental aspects of the application noting the following:
. There is no evidence of listed species on site
. There is a couple oflisted plant species scattered throughout the site
located in the preserve area
. The wetlands are Army Corp jurisdictional
. The nearest Panther telemetry data observations are 2 miles away
It was noted that the project lies on the northern fringe of one of the only areas
available for east! west Panther movement between the Okaloacoochee and Camp
Keais Sloughs.
Susan Mason stated that the application was referred to the Environmental
Advisory Council for review as the Planning Commission received the submittal
with no site plan, and there are wetlands of concern in the area and the Planning
Commission wanted to ensure preserve requirements were met, etc.
It has now been determined those wetlands are significantly away from the
property.
Sean Malarkey stated the Petitioner agrees with the recommendations contained
in the Staff Report.
Dr. Hushon moved to accept the Petition (Rezone No. RZ-2007-AR-12044,
fmmokalee LLC RZ) as presented. Second by Mr. Jacobsen. Carried
unanimously 8-0.
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May 7,2008
VII. New Business
None
VIII. Old Business
A. Update members on projects
It was noted that Brooks Village will need to obtain an After-the-Fact Clearing
Permit. A complying applicant (violator) is required to pay 2 times the original
fee. If the violation is appealed to the Special Magistrate and it is upheld, the fee
is 4 times the original fee.
It was noted that the Rural Lands Stewardship Review Committee Review has
been extended 6 months.
It was noted the December 3rd, 2008 meeting will be held on Horseshoe Drive.
Chairman Hughes requested Staff provide new member Paul Lehmann with any
necessary maps.
B. SR 846 Semi-annual Wetland Monitoring Data-sent electronically
Summer Brown-Araque provided the document electronically and will re-send
it to ensure all Council members receive it.
IX. Sub-Committee Reports
Dr. Hushon noted that the Land Development Code Amendments will be reviewed at
the next meeting. Also, the Habitat Conservation Plan Advisory Committee
continues to move forward.
X. Staff Comments
None
XI. Council Member Comments
Mr. Jacobsen noted an error in an April 22, 2008 Naples Daily News article which
stated the Environmental Advisory Council approved the Cape Romano Shoals Sand
Source Study. It was noted the EAC did not review this proposal.
Chairman Hughes recommended planning begin in the area of risk assessment for
the coastal areas in relation to (sea level) elevations of developments. It was noted
that some of these issues may be addressed in the new proposed flood zoning.
Chairman Hughes also stated as previously requested by the Environmental
Advisory Council, he sent a letter to the Board of County Commissioners regarding
reviewing various projects in the Rural Lands Stewardship Receiving Area.
The Council requested Jeff Wright, Assistant County Attorney provide an opinion if
County projects are exempt from Environmental Impact Statements and subsequent
reviews.
13
May 7, 2008
A discussion ensued regarding the format for the negotiation of permit conditions and
subsequent approvals or denials.
Jeff Wright, Assistant County Attorney re-iterated his recommendation from
previous meetings, that the Environmental Advisory Council link any denials to
specific provisions of the Land Development Code. He noted the process does allow
for a certain amount of permit condition negotiations with the Petitioners.
Chairman Hughes noted a Mission Statement may assist the Council in its
deliberation of issues.
There being no further business for the good ofthe County, the meeting was
adjourned by the order of the Chair at 2:04 PM.
COLLIER COUNTY ENVIRONMENTAL
ADVISORY COUNCIL
Chairman William Hughes
These Minutes were approved by the Board/Chairman on
as presented , or as amended
14
ENVIRONMENTAL ADVISORY COUNCIL
AGENDA
May 7, 2008
9:00 A.M.
Commission Boardroom
W. Harmon Turner Building (Building "F") - Third Floor
I. Call to Order
II. Roll Call
III. Approval of Agenda
IV. Approval of April 2, 2008 meeting minutes
Approval of March 5 & 6, 2008 meeting minutes
V. Upcoming Environmental Advisory Council Absences
VI. Land Use Petitions
A. Planned Unit Development Rezone No. PUDZ-2007-AR-12581 -continued from April
meeting
Esperanza Place PUDZ
Section 32, Township 46 South, Range 29 East
B. Rezone No. RZ-2007-AR-12044 (per CCPC Chair)
Immokalee LLC RZ
Section 9, Township 47 South, Range 29 East
C. Conditional Use No. CU-2006-AR-10805
Hogan Island Quarry CU
Sections 9, 10, 15, 16, 21, & 22, Township 47 South, Range 28 East
VII. New Business
VIII. Old Business
A. Update members on projects
B. SR 846 Semi-annual Wetland Monitoring Data-sent electronically
IX. Subcommittee Reports
X. Staff Comments
XI. Council Member Comments
XII. Public Comments
XIII. Adjournment
*******....********************************************************
Council Members: Please notify Summer Araaue. Environmental Services Senior Environmental
Specialist no later than 5:00 p.m. on May 1. 2008 if yOU cannot attend this meetina or if you have a
conflict and will abstain from votina on a petition (252-62901.
General Public: Any person who decides to appeal a decision of this Board will need a record of the
proceedings pertaining thereto; and therefore may need to ensure that a verbatim record of proceedings is
made, which record includes the testimony and evidence upon which the appeal is to be based.
CllUV+- R-tfltv'-K/
~s-h\o~
HOGAN QUARRY STIPULATIONS
. There shall be no onsite asphalt batch plant.
. Each well within the excavation area will be capped pursuant to
state regulations below the excavation level prior to excavation in
the immediate area.
. There shall be no dewatering for excavation purposes.
. Excavation depths shall not exceed 40 feet or the uppermost level
of the confining layer, whichever is less.
. No explosive charges which contain diesel fuel will be used,
therefore no benzene in explosives product.
. Blasting activities shall occur between 10:00 a.m. and 3:00 p.m.
Mon. through Fri. Blasting shall be limited to 1 charge per day, or
an average of 2 to 3 charges per week. Blasting after 3:00 p.m.
-t (but no later than 5:00 p.m.) shall be permitted only if blasting
during regular hours is prevented or interrupted by adverse
weather conditions.
. The dust control plan attached hereto shall be implemented during
the term of the mining operations.
. The Easternmost boundary of the Eastern excavation cell shall
have a 350 foot setback from the adjacent HSA, and the
Easternmost boundary of the Northeastern cell shall have a 145
foot setback from the adjacent HSA.
. Petitioner shall provide 15 acres of littoral shelf with littoral
plantings.
F:\"..pdocs\RE\Barron Collier Co\Hogan Island Quarry\Stipulations.doc
HOGAN QUARRY DUST CONTROL PLAN
The purpose of this plan is to control the fugitive dust emissions for the new Hogan
Rock Quarry.
In order to control the fugitive dust the following measures have been implemented.
1. A tire wash system will be installed to wash dust from the wheels and underbody
of all haul trucks exiting the facility. This system directs water under pressure at
the wheels and the underside of each vehicle as it passes through.
In the event the tire wash system is inoperable, frequency for cleaning the
pavement in and around the scales and exit will be increased.
2. Haul roads will be watered once every two hours by meallls of a 7778 Caterpillar
Water Truck (12,000 gallons) with water cannon.
In the event of this truck being inoperable, haul roads will be watered by the
Mack Water Truck every 2 hours. If the 7778 is determined to be down for an
extended period of time then an additional water truck will he rented.
3. The yard, pavement in and around the scales and the quarry entranced will be
swept with a Massey Ferguson tractor with a broom attachment and sprayed
with a Mack Water Truck (2,000 gallons) with sprayer nozzles and hose.
4. The following areas will be swept: 50 yards east of the quarry entrance, the
acceleration lane, and 50 yards west of the acceleration lane.
If the above measures are not sufficient to control the fugitive dust, then the
frequency of items 2, 3, and 4 will be increased to bring the dust in control.
DEPARTMENT OF THE ARMY
JACKSONYILLE DISTRICT CORPS OF ENGINEERS
1520 ROYAL PALM SQUARE BOULEVARD
FORT MYERS, FLORIDA 33919
c v~ V~QcY ~'--'
(\\ I O~
REPLY TO
ATTENTION OF
Regulatory Division
Fort Myers Permit Section
APR 2 8 2008
PUBLIC NOTICE
Permit Application No. SAJ-2008-615-ACR
TO WHOM IT MAY CONCERN: This district has received an
application for a Department of the Army permit pursuant to
Section 404 of the Clean Water Act (33 U.S.C. 51344)as described
below:
APPLICANT:
Barron Collier Partnership, and
Barron Collier Investments Ltd.,
and 16 Corkscrew, LLC.
Torn Jones
2600 Golden Gate Parkway, Suite 200
Naples, Florida
LOCATION: The proposed mine project is located at 7570 Oil Well
Grade Road, in Sections 9, 10, 15, 16, 21, and 22 Township 47
South, Range 28 East, Collier County, Florida. The site is
located north of the Immokalee Road and Oil Well Grade Road
intersection. Corkscrew Swamp surrounds the project site by the
north, northwest, and east. Camp Keais Strand is located to the
southeast of the project site. The proposed mitigation
properties are located in Section 16, Township 47 South, Range
28 East, Collier County, Florida.
Directions to the site are as follows: From Interstate 75 take
the Immokalee Road exit (exit #111) and travel east on Immokalee
Road approximately 19.5 miles, at the Oil Well Grade Road travel
north until reaching project site. The project site is located
at the end of Oil Well Grade Road.
LATITUDE & LONGITUDE:
Project Site:
Latitude 26023'15.00" North
Longitude 81031'02.22"West
Mitigation Site:
Latitude 26023'17.23" North
Longitude81030'31.39" West
PROJECT PURPOSE:
Basic: The construction and operation activities associated
with sand and limestone mining.
Overall: The construction and operation activities associated
with a sand and limestone mining operation to take place in
Collier County, Florida.
PROPOSED WORK: The applicant requests a twenty-five (25) year
permit for the construction and operation activities for a
954.88 acre sand and limestone mine operation known as "Hogan
Island Quarry." The project includes the following specific
elements:
Excavation: The mining activity proposes to excavate 727.22
acres of sand and limestone resulting in approximately 1,597,327
cubic yards of material at a depth of 35 to 45 feet below the
existing grade. The excavation will be conducted in seven (7)
cells eventually resulting in one (1) contiguous lake.
Stormwater Manaqement: A 38 acre perimeter stormwater
containment berm will be constructed around the outer perimeter
of developed portions of the project site. A 7.7 acre tailing
pond will also be constructed aiding in stormwater management
within the on-site processing area.
Processinq Area & Access Roads: The Quarry property will
contain a 73.6 acre aggregate processing area where material
will be stockpiled and processed. The processing area will
include a small office building a small maintenance shop,
storage facilities, parking areas, above ground storage fuel and
oil tanks with proper containments, and possible asphalt batch
plant. A system of 15.7 acres of haul roads will be built
within the mining area and will extend to the proposed
processing facilities to the southern end of the property where
material will be excavated. Project plans also include a 3.3
acre access road for the entrance into the conservation area,
and 158 acres of miscellaneous open space.
Impacts: The proposed project will require the disturbance to
approximately 73.23 acres of wetlands, 44.57 acres of other
surface waters and 881.65 acres of agriculture lands. Of the
73.23 acres of wetland impact, the proposal will permanently
impact 10.95 acres, of which 5.11 acres are considered USACE
jurisdictional. Of the 44.57 acres of other surface waters, six
are USACE jurisdictional totaling 4.76 acres of impact.
2
Mitiqation: As compensatory mitigation for the 5.11 acres of
jurisdictional wetland impacts, the applicant proposes the
preservation and enhancement of 45.24 acres. The conservation
area will encompass a 22.77 acre and 9.70 acre off-site parcels
and one 12.77 acre on-site parcel. The three (3) mitigation
areas will create one (1) contiguous 45.24 acre preserve system.
The preservation plan includes the enhancement and preservation
of 27.78 acres of wetlands and 17.46 acres of uplands. Wetland
creation, restoration and enhancement will be accomplished
through the removal of exotic and nuisance species, planting of
native species, grading the land at lower topography in wetland
creation areas, and the establishment of an upland/wetland
management plan.
EXISTING CONDITIONS: The project site is a 954.88 acre pre-
existing agriculture area dominated by 866.79 acres of pastures
and crop lands. The site consists of approximately 5.11 acres
of jurisdictional wetlands and 4.76 acres of jurisdictional
waters. The existing land uses or cover types for the project
site include the following 17 Florida Land Use, and Cover and
Forms Classification System (FLUCFCS) codes: improved pasture,
unimproved pasture, woodland pasture, row crops, agriculture
facilities, disturbed palmetto prairie, disturbed pine
flatwoods, brazilian pepper, cabbage palm, drainage ditches,
scrub-shrub wetland mixed species, disturbed freshwater marsh,
disturbed willow marsh, disturbed wet prairie, previously
cleared lands, unpaved and unimproved roads and trails.
ENDANGERED SPECIES: The applicant has conducted wildlife
surveys on the project site. The applicant indicated that wood
storks (Mycteria americana) were observed within the project
limits during the August 2006 listed species survey. During the
species survey, no other listed species were observed within the
project limits. The U.S. Corps of Engineers (Corps) has
determined that the project "may affect, but is not likely to
adversely affect" the endangered wood stork (Mycteria americana)
with the inclusion of wetland mitigation for the loss of the
core foraging habitat.
The Corps has determined that the project "may affect" the
endangered Florida panther (Felis concolor coryi) due to the
project location within the Panther Focus Area and the increased
vehicle traffic patterns consequential to the project purpose.
3
The Corps has determined that the project "may affect, but is not
likely to adversely affect"the eastern indigo snake (Drymarchon
corais couperi.) This determination is based on the absence of
gopher tortoise burrows within the project site, and the
compliance with the Standard Protection Measures for the Eastern
Indigo Snake.
By separate letter, the above determinations will be coordinated
with the U.S. Fish and Wildlife Service pursuant to Section 7 of
the Endangered Species Act. The Corps of Engineers is unaware of
any other threatened or endangered species concerns in the
project area.
~: This public notice is being issued based on information
furnished by the applicant. This information has not been
verified. The jurisdictional line has not been verified.
AUTHORIZATION FROM OTHER AGENCIES: Water Quality Certification
may be required from the Florida Department of Environmental
Protection and/or one of the state Water Management Districts.
Comments regarding the application should be submitted in
writing to the District Engineer at the above address within 30
days from the date of this notice.
If you have any questions concerning this application, you may
contact Ms. Angela C. Riddle at the letterhead address, by
electronic mail at Angela C. Riddle@usace.army.mil, by fax at
239-334-0797, or by telephone at 239-334-1975 ext. 33.
4
IMPACT ON NATURAL RESOURCES: Preliminary review of this application indicates that an
Environmental Impact Statement will not be required, Coordination with US Fish and Wildlife
SaNiee, Er1V'ironmental Protection Agency (EPA), the National Marine Fisheries Services. and
other Federal, State, and local agencies, environmental groups, and concerned citizens generally
Yields pertinent environmental information that is instrllmental in determimng the impact the
proposed action WIll have on the natural resources of the area. By means of this notice, we are
soliciting comments on the potentia! effects of the project on IJueatened or endangered species or
their habitat.
IMPACT ON CULTURAL RESOURCES: Review of the latest published version of the NaUonel
Register of Historic Places indicates that no regIstered properties, or properties risted as eligible
for inclusion therein. are located at the site of the proposed work. Presently, unknown
archaeological, scientific. prehistorical, or historical data may be lost or destroyed by the work to
be accomplished.
EVAlUA TION; The decision whether to issue a parmi! will be based on an evaluation of the
probable impact including cumulative impacts of the proposed activity on the pUblic interest. That
decision will reflect the national concern for both protection and utilization at important resources.
The benefits, whIch reasonably may be expected to accrue from the proposal, must be balanced
against its reasonably foreseeable detriments. All factors which may be relevant to the proposal
will be considered including cumulative impacts thereof; among these are conservation,
economics, esthetics, general environmental concerns, wetlands, historical properties, fish and
wildlife values, flood hazards, floodplain values, land use, navigation, shoreline erosion and
accretion, recreation. water supply and conservabon, water quality. energy needs. safety, food
and fiber production, mineral needs, considerations of property ownership, and in general, the
needs and welfare of the people. Evaluation of the Impact of the activity on lhe public Interest will
also include application of the guidelines promulgated by the Administrator, EPA, under authority
af Section 404(b) of the Clean Water Act of the criteria established under authority of Section
102(a) of the Marine, Protection, Research, and Sanctuaries Act of 1972. A permit will be
granted unless its issuance is found to be contrary to the public interest.
The US Army Corps ot Engineers (Corps) is solicitIng comments from the public; Federal, State, and
local agenCies and officials; Indian Tribes: and other Interested parties in order to consider and evaluate
the impacts of this proposed activity. Any comments received will be considered by the Corps of
Engineers to determine whether to issue, modify. condition, or deny a permit for this proposal. To make
or deny this decision, comments are used to assess Impacts on endangered species, historic
properties. water qUi:Jlily. general environmental effects, and the other pliblic interest factors listed
above, Comments are lIsed in the preparation of an Environmental Assessment and/or an
Envlronrnentalln~pact Statement pursuant to the National Environmental Policy Act Comments are
also used to determine the need for a publiC hearing and to determine the overall public interest of the
propose,j activity.
COASTAL ZONE MANAGEMENT CONSISTENCY; In Florida. the State approv31 cansNutes
v:rnptiance wHi) qif~ ;lpprrJllerl Coastal Zone Managerrent Plan. ;r1 Puerto Rico. 0 Coastal Zone
M~ 1.jgt-:'~1t;.'i~' C'~f~~;i:;I":1c'j CcrcJrrence :s reqLlireij frcrr :h(:;" Puerto RIGr:; PI,-inr:nf; BOdrd, In the
'/Irg:" :')!"n'::~; t!~f: j)';r.:;;lrtmC1f .Jf P'annl:"'\l lnd NJtv;JI Rcsc<;r,:es ~ef'11t ':'Jl'stitutc:'j l;o,npiianciE'
... ~h .'jr-~:"-:',':J CC;n,!']1 LC"t' ~~;)I'aqt3!11enl Pia':
REQUEST FOR PUBLIC HEARING: Ar.,; Plil:'!:;Cr: may reCut:3i ,1 public :ieiYI:'~ The request
'~':,:5! ;:'.' :"::jti"',,:("1 .!' ",,",f,r.s 'C tre DrSfr.;t Engineer 'Mthi!l t1€ deSignated :CTmer:( P8(Od cf the
')"')'-' :W,j ,'"dS' ""'!e ";'" spc",flc redsors f.)r 2;;;',"0.
Ca"Vioj S. Hobbie
R;:O'~)u::JtrJ'1 Oivisi')f1
.
.
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LAKe
TNA rrOND
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CR 858
GOLDEN GATE BLYD
N
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III
5
SCAlE: 1"=4 MILES
~I
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PROJECT: HOGAN ISLAND QUARRY
CUENT: RINKER MATERIALS OF FLORIDA. iNC.
Wi,.",Mil,. ~~~~
LOCATION MAP
CClUm',
COWER
"lfuGUST 2007
""
Hogan Island Quarry
SAJ-200B-615-ACR
Project Plans
Page 1 of 12
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I SHEET 3
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SCALE: 1"-1500'
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a' 750' 1500'
.
,.--
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----,---.,.--
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LEGEND FOR EXISTING CONDITIONS SHEETS
PROPERTY BOUNDARY
..
WETLAND 10 CODE fOR
ON-SITE WETLANDS
WETLANO 10 CODE fOR
Off -SITE WETLANDS
ID CODE fOR OTHER
SURfACE WATER (OSW.)
_________ LIMITS Of OFF-SITE
WETLAND MITIGATION AREAS
.~ fLUCfCS MAP UNITS
..~ WITH fLUCfCS CODES
-.
@)
NOTE: SEE SHEET 7 fOR NOTES CONCERNING EXISTING CONDITIONS.
PROJECT: HOGAN ISLAND QUARRY
CUENT: RINKER MATERIALS OF FLORIDA. INC.
.,.,.",- ~~..
Hogan Island Quarry
SAJ-200B-615-ACR
Project Plans
Page 2 of 12
-
~
.
WETLANDS- USAGE
JURISDICTIONAL
WETtANDS- OTHER
(NOT USAGE JURISDICTIONAL)'
ID CODE fOR Off - SITE
WETLAND MITIGATION AREAS
EXISTING CONOmONS-KEY SHEET
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"lUGUST 2007
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.-
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05646-000-001
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2 ~24
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op Irons
.
.
Note added by Turrell, Hall and Aasoclates:
All cells will be connacted Into one large lake
after cell excavation Is completed.
OFFlCElI/ASPHALT PlANT/
lPERA_ 'ACIUTlElI
-..
I,
I'
1/
AGGREGAtE
STOCI<PU:
..
PROl:ESSon.l
N\EA
PROPERTY IIOI.INIWlV N
~1"-1501' l
D" 7M! IllOO' 1
LEGEND
NOTES:
1. THE lOCATIONS/ CONF1GURATlONS SHOWN 'OR THE QUARRY lAKES ARE
SCHEIIATIC AHO ARE SUBdEcr TO CHANGE. INTENT Of OEPICTION IS TO
SHOW 1ltE lIAXlIIUII EXTENT Of POmmIl. QUARRY EXCAVATION
(MINING) ACIMTES.
2. THE F1NAL lOCATION Of THE PRIMARY HAUL ROAD MAY VNf( OUE TO
SIlE CONOITIONS.
3. REFER TO SHEEr 9 FOR OEPfCTJQN Of PROPOSED PERMANENT
IlE\IEI.OPIoIEN _ACTS TO USACE JURISOICTIONAL WETlANOS ANO
OTHER SlJRf"ACE WATERS.
4. REfER TO SHEET 14 FOR DEPICT10N 0' PROPOSED TEMPORARY
"IMPACTS" TO QFF-SIlE WETlANDS ANO OTHER SUR'ACE WATERS
NECESSARY TO CONDUCT THE WETLANO MITIGATION PROGRAM.
5. REFER TO SHEET 15 FOR PROPOSED MmGATlON GRADING PlNl AND
TO SHEEr 18 FOR AN11CIPAlED CONDmONS IN THE CONSERVATION
AREAS FOLLOWING COIlPLETION Of THE WElUNO MmGATION PROGRAM.
HOGAN ISlAND QUARRY PROPERTY BOUNDARY
------ UMITS Of OFF-SITE WETLAND f.lITIGATlON AREAS
1--------' QUARRY LAKE WITH DESIGNATION
~ (QUARRY EXCAVATION AREAiCELL")
_CONSERVATION AREAS
(ON-SITE PRESERVE PLUS Off-SITE
f.lITlGATION AREAS OM-l '" OM-2)
~ ID CODE fOR Off-SITE lAlTlGATlON AREAS
PROPOSED CONDITIONS. SITE PLAN
PRDJECT: HOGAN ISLAND QUARRY
RINKER MATERIALS OF flORIDA, INC.
""...."",. -~~::...
Hogan Island Quarry
SAJ-2008-615-ACR
Project Plans
Page 3 of 12
CUENT:
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PROJECT: HOGAN ISLAND QUARRY DEVELOPMENT IMPACTS TO WETLANDS & OSWs
RINKER MATERIALS .oF FLORIDA, INC.
l.n'-~MIIIet _~~':o... ","om
Hogan Island Quarry
SAJ-2008-615-ACR
Project Plans
'age 4 of 12
PERIIIETER
STORWAlER
BEllll (TYP.)
CLIENT:
.
.
Note addad by Turrall, Hall and Aasociatas:
All cells will be connected Into one large lake
after cell excavation is completed.
EXCAVAllON CEll.
LAKE IS
81
EXCAVAnON CEll.
LAKE 16
RIUARY HAUL ROAD
EXCAVAnON CEU.
LAKE 14
'2 ACRES EXCAVATION
0.02 ACRES FlU
(TElIPORARY IlotPAClS)
ON-SITE
PRESERVE
@)
0" RPC OUTf"ALL
CAVAnON
CEU.
LAKE 12
N
I
EXCAVAnON CELL
LAKE 11
SCALE: '"-600'
~ I
0' 300' sOO'
NOTE: SEE SHEET ,0 FOR THE LEGENO FOR "!HIS DRAWING
COWER
"'hUST 2007
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LEGEND FOR SHEET 9
- HOGAN ISlAND QUARRY PROPERlY BOUNDARY EXTENT (ACRESI OF PROPOSED IMPACTS TO
USACE JURISDICTIONAL WETLANDS WITHIN THE
... WETlAND 10 CODE FOR ON-SITE WETlANDS HOGAN ISLAND QUARRY PROPERTY BOUNDARY
wo.o WETlAND ID CODE FOR OFF -SITE WETlANDS
~ ID CODE FOR OTHER SURFACE WATERS Wetland Impact Acre.
UMITS OF USACE JURISDICTIONAL WETLANDS ID ExcsvaUon Fill Total
- - - - - PRIOR TO DEVELOPMENT W-4 5.03 0.08 5.11
~ EXCAYATION IN USACE JURISDICTIONAL WETlANDS Nole:
. FILL IN USACE JURISDICTIONAL WETLANDS The proposed impacts "sled above are pennanent.
Project development will also Impact all of w8IIand W-1, W-2,
. EXCAVATION OF USACE JURISDICTIONAL W-3. and W-5. These wedends are FDEP Jurisdictional but 81'8
OTHER SURFACE WATERS (Osw.) not USACE jurisdictional. These additional Impacts lolal 5.84 ac.
. flU IN USACE JURISDICTIONAL
OTHER SURFACE WATERS (OSW.)
. EXISTING USACE JURISDICTIONAL WETLANDS NOT ExtMt (lICIM) of PI"OpOHCf Impacts to
AfTECTED BY PERMANENT DEVELOPMENT IMPACTS USACE JurI.dlctfonal Oth.r Surface W....
WIlhln the Hog.. Ialand Quarry Property Boundary
Extent (_I of PI'OpOMd T........rary Impacts to OSW Impact Acres
USACE Jurl.dlctfonal Other Surface W.... ~ I) Ex_on FIll Total
Outside the Hogan Ialand Quarry Property Boundary
S1 0 0.87 0.a7
OSW Impact Acres 82 0 0.85 0.85
I) ExcavIdJon FIll Total 83 0 0.33 0.33
S40 0.12 0.02 0.14 824 0 1.86 1.88
Note: The IIat8d Impact oonsIsls of lemponIry excaY8llon 831 0 1.05 1.05
and lilt In this man-made drainage cItd1 -.ary 10 S40 0 0 0
Install stormwater slnJctures and pipes (ouIf8II dlschelga Tobia 0 4.76 4.76
8lnlcIures). Following completion of oonstructlon, the
aff8c:tad area wi. be restoRKl 10 de CllRen! grade end Nole: The proposed Impacts IIat8d above alii pennanenl
thus wtII lllmaln an Other Surface Water.
Project development wII aI80 pennanenUy Impact aI other
8Jdating OSWa ~sIle that alii not USACE jurtsdlctlonal. M
affected OSWa alii man-made drainage ditches.
PROPOSED "IMPACTS" TO WETLANDS & OTHER SURFACE WATERS REQUIRED
TO CONDUCT THE OFF-81TE WETLAND MmGAnoN PROGRAM
LOCIIIIon Wetlands W......... OSW.
Excavated FI.... FIlled
OM-1 16.46 acres (wetland WO-l) 0 0.80 acres {OSW 8411
OM-2 0.24 acres (wetland W0-2) 0.07 acres 1'MllIand W0-21 0
TotJd. 18.70 scre. 0.07_ o.ao acre.
Nole: The Impjlcts indicated will result from proposed gracing actMlies necessary to accomplish the mitigation program. All the wetland
81888 excavated and filled will remain as W8IIanda foIlowtng complellon of the gradl"ll effolts (following excavation and fill "impacts"),
hence these Impacts alii considered as lomporary. The single OSW IIIed will be pennanenUy converled 10 a wetland.
WalIand OM-21s not prasanUy USACE jUrisdictional. Hence, proposed temporary Impacla 10 USACE juriadictional WIlIIands 1018116.70
acres. OSW 41 is both USACE and FDEP jurtsdlctlonal.
WETLAND & OSW IMPACTS-LEGEND & DATA
PROJECT: HOGAN ISLAND QUARRY
CUENT: RINKER MATERIALS OF FLORIDA, INC.
WlL."II. -~~~.. """"" COWER "~ST 2007
ogan Island Quarry '.~An:IlIIc:tI.n_........,~ I...O,I5,IS 2;~Z2 / 475/ 2llE ,-.-.
AJ-2008-615-ACR M8ar; ~ --05646-000-001 - H--o,
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.
.
.
TEMPORARY BERM
CREST ELEV. 20.0'
NAVD BB
(TEMPORARY FILL)
~ EXCAVATION WITHIN OSW S40 ~ Fill WITHIN OSW S40
WETLAND WQ-6
24"
set' RCP
OUTFAlL FROM
lAKE //1
BUBBLER TEMPORARY BER
STRUCTURES CREST ELEV. 20.D'
() NAVD BB
lYP (TEMPORARY Fill)
- · - · - SILT FENCE
TURBIDITY CURTAINS
N.T.S.
-------
UPlANOS
EXISTING BERM
(VARIES)
EXISTING DITCH
WETlAND WO-S
INSTALL SILT FENCE
GRATE
ELEV. -
19.60
LEXISTING GRADE
TOPO VARIES
-- ---------------
lYPE "., BUBBLER
tza
~
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EXCAVATION WITH SUBSE~UENT BACKFILL
(BACKFILL TO RE-ESTABUSH PRE-CONSTRUCTION GRADES)
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UPLANDS
WETLAND W-4
VARIES
EXCAVATION CELL LAKE 1/1
( xx. x ) PROPOSED ELEV.
(FEET NAVD 88)
CONTROL ELEV. =
20.60
L EXISTING GRADE
(TOPO VARIES)
-- -------
PROPOSED GRADE
14.
ALLOWABLE SLOPE WITHIN ROCK
0.40
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NOTE: LAKE TOP-OF-BANK (TOB) ELEVATION WILL VARY DEPENDING ON EXISTING GROUND
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EAC Summary
During the January 17, 2008 Collier County Planning Commission (CCPC) meeting, the
CCPC recommended to forward petition RZ-2007-AR-12044 to the Environmental
Advisory Council (EAC) for review. In accordance with LDC Section 8.06.03.0
(Powers and Duties of the EAC), the EAC shall review any petition which requires
approval of the Collier County Planning Commission (CCPC) or the Board of County
Commissioners (BCC) where staff receives a request from the Chairman of the EAC,
CCPC or the BCC for that petition to be reviewed by the EAC.
The Immokalee LLC rezone petition is a request to rezone the subject site from the
Estates (E) Zoning District to the Residential Multi-family (RMF-16) Zoning District for
a multi-family residential development with a maximum density of 15 units per acre, or
140 dwelling units on a 9.33 acre site. The subject property is presently vacant and
undeveloped, and has not been previously disturbed. Only the 6.42 acre uplands portion
of the site would be developed, and the remaining 2.91 acres of wetland area (marsh,
swamp, and drainage canals) would be preserved. The development standards for the
RMF-16 Zoning District are as follows:
. Maximwn Zoned Building Heights: 75 feet
. Maximum Front Yard Setback: 1/2 SBH with a minimum ono feet.
In addition, a minimum of 140 parking spaces, or one space per unit plus visitor parking,
would be required for the proposed multi-family dwelling units.
Surrounding Land Uses and Zoning: The subject property is presently vacant and
undeveloped, and is within the Estates (E) Zoning District. North of the property is Farm
Worker's Village, a multi-family development, in the Village Residential Zoning District.
South of the property is vacant, undeveloped land in the Estates (E) Zoning District. East
of the property is vacant land, owned by Seminole Casino, in the Agricultural - Mobile
Home Overlay (A-MHO) Zoning District, and west of the property is Bethune Education
Center in the Estates (E) Zoning District.
Zoning Synopsis: As described in LDC Section 2.03.0l(F), the purpose and intent of the
residential multiple-family-16 district "RMF-16" is to provide lands for medium to high
density multiple-family residences, generally surrounded by open space, located in close
proximity to public and commercial services, with direct or convenient access to arterial
and collector roads on the county major road network. This district corresponds to and
implements the urban mixed use land use designation on the future land use map of the
Collier County GMP. The maximum density shall not exceed 12 dwelling units per acre
in accordance with the Immokalee Area Master Plan, except as permitted by policies
contained in the future land use element pertaining to Residential In-fill Density Bonus
criteria. See GMP impact for details.
Immokalee LLC Rezone EAC Summary
May 7,2008
Page 2
Growth Manal!:ement Plan Consistencv: The subject 9.33 acre property, as identified
on the Future Land Use Map (FLUM) of the Immokalee Area Master Plan (lAMP), is
within the land use designation known as Neighborhood Center (NC) Subdistrict
(denoted as NC on the lAMP FLUM). The purpose of this land use classification is to
provide for centers of activity that serve the needs of the surrounding neighborhoods. The
centers should contain a blended mix of neighborhood oriented uses such as day care
centers, parks, schools and governmental activities.
In accordance with the NC designation, Section 4. d., "non residential uses shall be at
least 20 percent of the size of the NC" The subject NC area is approximately 110 acres.
Currently, the NC includes two non-residential uses: the Career and Service Center of
Collier County (3.7 acres) and Bethune Education Center (10.4 acres). The existing non-
residential uses combined equate to 12.8 percent of the NC's size. As a result of the
existing non-residential uses, the aforementioned NC provision still requires at least eight
acres be available for future non-residential use.
The majority of the NC is zoned Estates (E), but there is a 4.5 acre parcel zoned Village
Residential (VR) in the northeast quadrant abutting County Road 846. Additionally, there
is a 2.8 acre parcel currently being utilized for residential purposes at the corner of
Bethune Road and County Road 846. In combination, the two existing properties account
for 7.3 acres and approximately 6.6 percent of the total NC. When the existing residential
properties and existing non residential uses are added together, they represent 19.4
percent of the NC. As a result, the 80.6 percent remaining area of the NC (88.7 acres)
demonstrates adequate development potential for achieving the requisite amount of non-
residential usage even when the proposed rezone is factored into the future development
scenano.
Pursuant to the NC designation, Section 4. e., "residential development within the
designated Neighborhood Centers shall permit a maximum density of twelve (12) units
per gross acre. Residential dwelling units shall be limited to multi-family structures and
less intensive units such as single-family and duplexes provided they are compatible with
the di strict"
The petitioner is proposing an exclusively multi-family-based residential development
which would be consistent with residential uses intended for the NC. From the density
perspective, the petitioner is requesting 15 units per acre based upon Residential In-fill
Bonus eligibility.
Section 2, Density Bonuses, d. Residential In-fill, of the lAMP, lists the following
additional criteria, 'To encourage residential in-fill, three (3) residential dwelling units
per gross acre may be added if the following criteria are met..."
Immokalee LLC Rezone EAC Summary
May 7,2008
Page 3
Residential In-fill eligibility criteria is as follows:
. "The project is 10 acres or less in size" - subject parcel is 9.33
acres
. "At the time of development, the project will be served by
central public water and sewer" - subject parcel is within the
Immokalee Water and Sewer District, which will provide
water and sewer service
. "The project is compatible with surrounding land uses" - see
page 7 for Zoning Analysis
. "The property in question has no common site development
plan with adjacent property" - there is no indication of any
common site development plans with contiguous properties
property appraiser records.
. "There is no common ownership with any adjacent parcels" -
there is no common ownership among adjacent properties
. "The parcel in question was not created to take advantage of
the Residential In-fill Density Bonus and was created prior to
the adoption of this provision in the Growth Management Plan
on January la, 1989" - according to the Collier County
Property Appraiser's Office, the respective parcel was created
in its current legal descriptive form on or about 1965.
Based upon the above analysis, the project is eligible for a maximum density of 15
dwelling units per acre (du/a).
Conclusion: Staff deems the subject RMF -16 rezone request consistent with the lAMP
based on the following findings.
. The site qualifies as a residential infill project which is eligible
for three additional dwelling units per acre.
. The lAMP allows 12 units per acre.
Immokalee LLC Rezone EAC Summary
May 7, 2008
Page 4
Therefore, staff recommends approval subject to the following:
. A density cap of IS dula shall be placed on the RMF-16
rezone request at the time of approval, and this density cap
shall be included in the rezone ordinance as RMF -16 (15)
Environmental Services Recommendation: The preserve selection as proposed on the
project master plan is consistent with the ranking and location requirements in the
Growth Management Plan.
The following items shall be required as part of the next development order:
I. A Preserve Management Plan shall be provided including a
replanting plan for the area of invasive exotic vegetation in the
preserve area.
2. A listed species update shall be required prior to the next
development order including panther and bear telemetry points.
3. Listed species management plans shall be required, including
Florida black bear and Big Cypress fox squirrel.
4. Mitigation for Florida panther impacts shall be approved by
USFWS - US Fish and Wildlife Service
Preservation requirements are based on the entire site of 1c 9 acres. ] 5% of the total site
is 1.4 acres and is shown on the site plan.
APPLICATION FOR PUBLIC HEARING FOR:
STANDARD REZONE
Petition No.:
Date Petition Received:
Planner Assigned:
Commission District:
ABOVE TO BE COMPLETED BY STAFF
1 . General Information:
Name of Applicant(s) Barry Goldmeier
Applicant's Mailing Address 250 Catalonia Avenue. Suite 606
City Coral Gables
State Florida
Zip 33134
Applicant's E-Mail Address:bgoldmeier(qlaol.com
Applicant's Telephone # (305) 461-2330
Fax # (305) 461-2346
Name of Agent Shaun Mularkey. AICP Firm Coastal Engineering Consultants. Inc.
Agent's Mailing Address 3106 South Horseshoe Drive
City Naples
State Florida Zip 34104
Agent's Telephone # (239) 643-2324 Ex!. 147
Fax # (239) 643-4364
Agent's E-Mail Address:smularkey(aJ.cecifl.com
COLLIER COUNTY COMMUNITY DEVELOPMENT
DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW
2800 N. HORSESHOE DRIVE-NAPLES, FL 34104
PHONE (239) 403-2400/FAX (239) 643-6968
APPLICATION FOR PUBLIC HEARING FOR STANDARD REZONE - 11/28/2006
*Be aware that Collier County has lobbyist regulations. Guide yourself accordingly and
ensure that you are in compliance with these regulations.
Complete the following for all Association(s) affiliated with this petition. (Provide additional
sheets if necessary)
Name of Homeowner Association: N/A
Mailing Address City State _ Zip
Name of Homeowner Association: N/A
Mailing Address City State _ Zip
Name of Homeowner Association: N/A
Mailing Address City State _ Zip
Name of Master Association:
N/A
Mailing Address
City
State _ Zip
Name of Civic Association:
N/A
Mailing Address
City
State _ Zip
2 . Disclosure of Interest Information:
a. If the property is owned fee simple by an INDIVIDUAL, tenancy by the entirety,
tenancy in common, or joint tenancy, list all parties with an ownership interest as
well as the percentage of such interest. (Use additional sheets if necessary).
Name and Address
Percentage of Ownership
APPLICATION FOR PUBLIC HEARING FOR STANDARD REZONE -11/28/2006
b. If the property is owned by a CORPORATION, list the officers and stockholders
and the percentage of stock owned by each.
Name and Address, and Office
Barry Goldmeier
250 Catalonia Avenue Suite 606
Coral Gables. FL 33134
Percentage of Stock
50%
Lee Goldmeier
61 South Paramus Road. Box 1765
Paramus. N.J. 07652
50%
c. If the property is in the name of a TRUSTEE, list the beneficiaries of the trust with
the percentage of interest.
Name and Address
Percentage ofInterest
d. If the property is in the name of a GENERAL or LIMITED PARTNERSHIP, list the
name of the general and/or limited partners.
Name and Address
Percentage of Ownership
e. If there is a CONTRACT FOR PURCHASE, with an individual or individuals, a
Corporation, Trustee, or a Partnership, list the names of the contract purchasers
below, including the officers, stockholders, beneficiaries, or partners.
Name and Address
Percentage of Ownership
Date of Contract:
APPLlCA nON FOR PUBLIC HEARING FOR STANDARD REZONE - 11/28/2006
f. If any contingency clause or contract terms involve additional parties, list all
individuals or officers, if a corporation, partnership, or trust.
Name and Address
g. Date subject property, acquired [gJ leased D March 23, 2004 Term oflease
yrs.lmos.
If, Petitioner has option to buy, indicate date of option:
terminates: , or anticipated closing date
and date option
h. Should any changes of ownership or changes in contracts for purchase occur
subsequent to the date of application, but prior to the date of the final public
hearing, it is the responsibility of the applicant, or agent on his behalf, to submit
a supplemental disclosure of interest form.
3. Detailed le2al description of the properly covered bv the application: (If space is
inadequate, attach on separate page.) If request involves change to more than one zoning
district, include separate legal description for property involved in each district.
Applicant shall submit four (4) copies of a recent survey (completed within the last six
months, maximum I" to 400' scale) if required to do so at the pre-application meeting.
NOTE: The applicant is responsible for supplying the correct legal description. If
questions arise concerning the legal description, an engineer's certification or sealed
survey may be required.
Township: 47 S
Range: 29 E
Section: 9
Lot:
Block:
Subdivision:
Plat Book_ Page #:
Property I.D.#: 00134000002
Metes & Bounds Description: The NE \4 of the SE \4 of the NE \4 of Section 9,
Township 47 South, Range 29 East. Collier County, Florida. Less the right ofwav for
County Road 846.
4.
Size of properly:
ft. X
ft. = Total Sq. Ft.
Acres 9.33
5. Address/2enerallocation of subiect properly: Southwest comer of the intersection of
County Road 846 and School Road.
APPLICATION FOR PUBLIC HEARING FOR STANDARD REZONE - I 1/28/2006
6 . Adiacent zoninl!: and land use:
Zoning
Land use
N (VR)- Village Residential
Improved multi-familv development (fann worker village)
S (E) - Estates Vacant Land
Agricultural with mobile
E (A- MHO) home overlay Seminole Indian Land - Casino/vacant land
w (m - Estates Improved - vacant portion of school propertv
Does the owner of the subject property own property contiguous to the subject property?
NO
If so, give complete legal description of entire contiguous property. (If space IS
inadequate, attach on separate page).
Township: Range:
Section:
Lot:
Block: Subdivision:
Plat Book_Page #:
Property I.D.#:
Metes & Bounds Description:
7 . Rezone Request: This application is requesting a rezone from the (E) - Estates
zoning district (s) to the (RMF - 16) residential multi-family zoning district(s).
Present Use ofthe Property: Vacant
Proposed Use (or range of uses) of the property: Residential multi-family development
8. Evaluation Criteria: Pursuant to Section 10.03.05.0. of the Collier County Land
Development Code, staff's analysis and recommendation to the Planning Commission,
and the Planning Commission's recommendation to the Board of County Commissioners
shall be based upon consideration of the applicable criteria noted below. Provide a
narrative statement describing the rezone request with specific reference to the criteria
noted below. Include any backup materials and documentation in support of the request.
Standard Rezone Considerations (LDC Section 10.03.05. GJ
APPLICATION FOR PUBLIC HEARING FOR STANDARD REZONE - 1l/28/2006
1. Whether the proposed change will be consistent with the goals, objectives, and
policies and future land use map and the elements of the growth management plan.
The proposed change from the Estates zoning district to RMF-16 would be
consistent with the goals, objectives, and policies and future land use map of the
growth management plan. The subject property is within Immokalee and guided
by the Immokalee Area Master Plan. The proposed zoning change would not only
meet the current objective of the Master Plan, but it would also meet the presently
proposed changes to the Plan.
The current Immokalee Future Land Use Map plans the subject property and
surrounding area as NC - Neighborhood Center. According to the Master Plan,
this category is eligible for up to twelve (12) dwelling units per acre. The
property is also eligible for an additional three (3) dwelling units per acre as a
residential infill. To qualify as residential infill the project must be ten (10) acres
or less in size, served by public sewer/water, abut at least one developed property,
owned independently of surrounding parcels, and created prior to the provision in
the Growth Management Plan. Based on these criteria, the project is eligible for
up to fifteen (15) units per acre.
The presently proposed changes to the Immokalee Future Land Use Map depict
the area as High Density Residential (> 15 units/acre).
A multi-family residential project would provide a quality housing choice in the
area.
2. The existing land use pattern.
Much of the immediate surrounding area is currently undeveloped. There are
scattered developments in the area that include office development to the west, the
Bethune Education Center to the northwest, a farm workers village to the north,
and the Seminole Casino to the northeast.
3. The possible creation of an isolated district unrelated to adjacent and nearby
districts.
This proposed project would provide the residential infill component that is
needed in the immediate area as part of the Neighborhood Center district.
According to the Master Plan, centers should contain a mix of neighborhood
oriented uses such as residential, day care, parks, schools, and governmental
activities.
According to the Neighborhood Center district, non-residential uses shall be at
least 20% of the size of the center. This Neighborhood Center is roughly 97 acres
in size. There are currently non-residential uses (school and governmental
offices) totaling approximately 10 acres within the Neighborhood Center. Total
developed land (including this proposed rezoning) within the center is
APPLICATION FOR PUBLIC HEARING FOR STANDARD REWNE -11/28/2006
approximately 26 acres. Therefore, the current percentage of developed land in
the district that is non-residential is about 38%. Additionally, there will be
roughly 71 remaining acres in which to achieve a wide range of non-residential
uses.
Rezoning the subject parcel to allow multi-family uses will not adversely impact
the total desired mix of uses within the district.
4. Whether existing district boundaries are illogically drawn in relation to existing
conditions on the property for the proposed change.
N/A.
5. Whether changed or changing conditions make the passage of the proposed
amendment (rezone) necessary.
This area surrounding the proposed project is transltlOning. Neighborhood
Centers planned in Immokalee are envisioned as mixed-use areas including
residential densities greater than is allowed by the existing Estates zoning.
6. Whether the proposed change will adversely influence living conditions in the
neighborhood.
The proposed multi-family residential project would positively influence the area
and improve the neighborhood by providing additional quality housing choices.
7. Whether the proposed change will create or excessively increase traffic congestion or
create types of traffic deemed incompatible with surrounding land uses, because of
peak volumes or projected types of vehicular traffic, including activity during
construction phases of the development, or otherwise affect public safety.
The proposed rezone to RMF-16 would allow for a maximum density of 15 units
per acre for the property according to the Immokalee Area Master Plan. This
would equate to approximately 140 residential units on 9.33 acres. This density
increase to the area would not negatively impact or be deemed incompatible with
the surrounding area which fronts Immokalee Road (CR 846), a key transportation
corridor in the area.
8. Whether the proposed change will create a drainage problem.
The proposed multi-family residential project would manage all stormwater onsite
according to Collier County and South Florida Water Management District
regulations and would not adversely impact adjacent parcels.
9. Whether the proposed change will seriously reduce light and air to adjacent areas.
The proposed multi-family residential project will be designed in accordance with
surrounding development and County LDC setback and buffer requirements.
APPLICATION FOR PUBLIC HEARING FOR STANDARD REZONE -11128/2006
10. Whether the proposed change will seriously affect property values in the adjacent
area.
It is anticipated that the proposed multi-family residential project would positively
influence the property values in the adjacent area.
11. Whether the proposed change will be a deterrent to the improvement or development
of adjacent property in accordance with existing regulations.
We believe this proposed multi-family residential project would positively
influence the area as well as stimulate and improve the neighborhood.
12. Whether the proposed change will constitute a grant of special privilege to an
individual owner as contrasted with the public welfare.
Granting this change would not constitute a special privilege. Granting this
change would bring the property is in conformance with the Immokalee Area
Master Plan and Future Land Use Map.
13. Whether there are substantial reasons why the property cannot be used in accordance
with existing zoning.
The existing zoning is incongruent with the envisioned Neighborhood Center that
focuses on a mix of neighborhood uses and residential densities to support them.
14. Whether the change suggested is out of scale with the needs of the neighborhood or
the county.
The proposed multi-family use will meet the intent of the Neighborhood Center
district, including the intended mix of uses and densities. The development will
be compatible with surroundings and provide an additional housing choice in the
area.
15. Whether it is impossible to find other adequate sites in the county for the proposed
use in districts already permitting such use.
The current Immokalee Area Master Plan designates this area as Neighborhood
Center with the need for addition residential and non-residential projects. In
addition, the presently proposed Master Plan changes for this area designate it as
High Density Residential. This proposed zoning change for the subject parcel
would allow for a multi-family residential project that would fulfill what is
envisioned in both the current and proposed plans.
16. The physical characteristics of the property and the degree of site alteration which
would be required to make the property usable for any of the range of potential uses
under the proposed zoning classification.
APPLICATION FOR PUBLIC HEARING FOR STANDARD REZONE -11128/2006
The site is currently wooded with a mix of wetland areas and upland areas. A
minimum of 15% of the native vegetation will be retained. The majority of
existing wetlands on the subject site will remain protected and unchanged. The
remaining upland portions of the site will be cleared for development as
necessary.
17. The impact of development on the availability of adequate public facilities and
services consistent with the levels of service adopted in the Collier County growth
management plan and as defined and implemented through the Collier County
Adequate Public Facilities Ordinance [Code ch. 106, art. II], as amended.
There are more than adequate public facilities and capacities available to this site.
The proposed multi-family residential project would not compromise any current
levels of service already available.
According to letters received from utility providers, there exists sufficient capacity
to serve the proposed development.
18. Such other factors, standards, or criteria that the board of county commissioners
shall deem important in the protection of the public health, scifety, and welfare.
The conventional rezone petition for the subject property meets the intent of the
Collier County Growth Management Plan and more specifically, the lmmokalee
Area Master Plan. Development of the property will have no adverse impacts on
surrounding areas in terms of stormwater run-off, environmental impacts,
compatibility, or property values. The multi-family housing proposed will also
serve a need for additional quality housing in the community.
9. Deed Restrictions: The County is legally precluded from enforcing deed restrictions,
however, many communities have adopted such restrictions. You may wish to contact the
civic or property owners association in the area for which this use is being requested in
order to ascertain whether or not the request is affected by existing deed restrictions.
10. Previous land use petitions on the subiect property: To your knowledge, has a public
hearing been held on this property within the last year? If so, what was the nature of that
hearing? NO
II. Additional Submittal reauirements: In addition to this completed application, the
following shall be submitted in order for your application to be deemed sufficient, unless
otherwise waived during the pre-application meeting.
a. A copy of the pre-application meeting notes;
b. If this rezone is being requested for a specific use, provide fifteen (15) copies of a
24" x 36" conceptual site plan (16 copies iff or affordable housing) [and one reduced
8Y2' x 11" copy of site plan], drawn to a maximum scale of 1 inch equals 400 feet,
depicting the following [Additional copies of the plan may be requested upon
APPLICATION FOR PUBLIC HEARING FOR STANDARD REZONE -11128/2006
completion of staff evaluation for distribution to the Board and various advisory
boards such as the Environmental Advisory Board (EAB), or CCPe]; N/A
. all existing and proposed structures and the dimensions thereof,
. provisions for existing and/or proposed ingress and egress (including pedestrian
ingress and egress to the site and the structure(s) on site),
. all existing and/or proposed parking and loading areas [include matrix indicating
required and provided parking and loading, including required parking for the
disabled],
. required yards, open space and preserve areas,
. proposed locations for utilities (as well as location of existing utility services to
the site),
. proposed and/or existing landscaping and buffering as may be required by the
County,
c. An architectural rendering of any proposed structures.
N/A
d. An Environmental Impact Statement (EIS), as required by Section 10.02.02. of the
Land Development Code (LDC) , or a request for waiver if appropriate. N/A
e. Whether or not an EIS is required, two copies of a recent aerial photograph, (taken
within the previous twelve months), minimum scale of one inch equals 400 feet,
shall be submitted. Said aerial shall identifY plant and/or wildlife habitats and their
boundaries. Such identification shall be consistent with Florida Department of
Transportation Land Use Cover and Forms Classification System. Additionally, a
calculation of the acreage (or square feet) of native vegetation on site, by area, and a
calculation and location(s) of the required portion of native vegetation to be
preserved (per LDC Section 3.05.07.B.I.).
f. Statement of utility provisions (with all required attachments and sketches);
g. A Traffic impact Statement (TIS), unless waived at the pre-application meeting;
h. A historical and archeological surveyor waiver application if property is located
within an area of historical or archaeological probability (as identified at pre-
application meeting);
i. The petitioner must provide a letter of no objection from the United States Postal
Service prior to submittal of the application. Please contact Robert M. Skebe,
Growth Management Coordinator at:
U.S. Postal Service
1200 Goodlette Road
Naples, Florida 34102-9998
Phone (239) 435-2122; Fax (239) 435-2160
j. Any additional requirements as may be applicable to specific conditional uses and
identified during the pre-application meeting, including but not limited to any
required state or federal permits.
APPLICATION FOR PUBLIC HEARING FOR STANDARD REZONE - II/28/2006
Section 10.03.05.B.3. of the Land Development Code requires an applicant to
remove their public hearing advertising sign (s) after final action is taken by
the Board of County Commissioners. Based on the Board's final action on this
item, please remove all public hearing advertising sign (s) immediately
APPLICATION FOR PUBLIC HEARING FOR STANDARD REZONE -11128/2006
IMMOKALEE ROAD/ SCHOOL DRIVE PARCEL
PROTECTED SPECIES SURVEY AND ENVIRONMENTAL
ASSESSMENT REPORT
Prepared for:
Immokalee, LLC
250 Catalonia Ave. Suite 606
Coral Gables, Florida 33134
Submitted to:
Collier County Environmental Service Department
2800 North Horseshoe Drive
Naples, Florida 34104
Prepared by:
EarthBalance@
2579 North Toledo Blade Boulevard
North Port, Florida 34289
(941) 426-7878
MAY 2007
1.0 INTRODUCTION
The purpose of this report is to provide the results of the April 16. 2007 protected species
survey and environmental assessment for the 9.33 acre Immokalee site in accordance
with a rezoning application submitted for the subject parcel. The project site is bordered
by School Drive to the north, C.R. 846 to the east, and vacant land to the south and west
in Section 9, Township 47S, Range 29E, Collier County, Florida.
The purpose of the site visit was to conduct a habitat assessment of the site and conduct a
wildlife survey to identify the presence or absence of protected wildlife species,
specifically Big Cypress fox squirrel (Sciurus niger avicennia), red-cockaded
woodpecker (Picoides borealis), and gopher tortoise (Gopherus polyphemus). In
addition, a protected plant species survey was conducted to determine the presence or
absence of protected plant species onsite.
2.0 SITE DESCRIPTION
The vegetative communities occurring on the 9.33-acre site were evaluated as potential
habitat for protected wildlife and plant species. The upland areas onsite were surveyed
for their potential to support the listed gopher tortoise and red-cockaded woodpecker. In
addition, Collier County staff has also requested the survey of the site for Big Cypress
fox squirrel. Upland and wetland habitats onsite were also surveyed for protected plant
species that may occur.
Site observations, in conjunction with the Soil Survey of Collier County Area, Florida
(1998) and aerial photographs, were used to develop a map of the habitats on site
according to the Florida Land Use, Cover, and Forms Classification System (FLUCCS) -
Figure 1. The following is a description of the habitats observed within the property
boundaries:
FLUCCS CODES I HABITAT DESCRIPTION ACREAGE
UPLANDS
4111422 Pine Flatwoods/Brazilian Pepper 2.41
422 Brazilian Peooer 3.55
810 Road 0.23
TOTAL UPLANDS 6.19 acres
WETLANDS
422-H Hvdric Brazilian Peooer 0.63
510 Ditch 1.03
618-1 Disturbed Willow Marsh 0.24
621-1 Disturbed Cypress Slough 0.98
641 Freshwater Marsh 0.26
TOTAL WETLANDS 3.14 acres
TOTAL ACREAGE 9.33
UPLAND HABITAT DESCRlPTIONS
Pine Flatwoods/Brazilian Pepper - FLUCCS 411/422
Within this habitat, slash pine (Pinus elliottii) and Brazilian pepper (Schinus
terebinthifolius) are dominant. Subdominant species include saw palmetto (Serenoa
repens), saltbush (Baccharis halimifolia), myrsine (Myrsine sp.), wild coffee (Psychotria
spp.), wax myrtle (Myrica cerifera), cedar (Juniperus spp.), and oak (Quercus spp.). The
groundcover is dominated by broom grass (Andropogon virginicus), catbrier (Smilax sp.),
blackberry (Rubus sp.), and bahia grass (Paspalum notatum), and other weedy species
occur as minor associations within this habitat. No protected wildlife species were
observed within this habitat, due to the invasive coverage by Brazilian pepper.
Brazilian Pepper - FLUCCS 422
The majority of the site is infested with Brazilian pepper. The Brazilian pepper forms
dense thickets throughout this habitat. No protected species were observed or are
expected within this habitat due to heavy shading.
Road - FLUCCS 810
A road runs along the northern boundary of the property.
WETLAND HABITAT DESCRlPTIONS
Ditch - FLUCCS 510
This habitat is an open water canal dominated by the exotic species, water lettuce (Pistia
stratiotes) and Brazilian pepper, in addition to willow (Salix caroliniana). This feature
was most likely excavated from wetlands and appears to be currently used as stormwater
drainage for the development to the north.
Disturbed Willow Marsh - FLUCCS 618-1
This habitat is dominated by willow and Brazilian pepper and is located along the fringes.
This marsh is connected to the freshwater herbaceous marsh and ditch to the north and
west.
Disturbed Cypress Swamp - FLUCCS 621-1
This habitat is a part of a larger cypress slough system that extends off site to the south
and east of the property. The vegetation is dominated by bald cypress (Taxodium
distichum). Red maple (Acer rubrum), cabbage palm (Sabal palmetto), swamp fern
(Blechnum serrulatum), and Brazilian pepper are subdominant. The habitat is good
quality with the exception of slight invasion of Brazilian pepper along the edge of the
wetland area.
Freshwater Marsh - FLUCCS 641
This habitat is dominated by maidencane (Panicum hemitomon). Additional species
observed in the marsh included alligator flag (Thalia geniculata), Virginia buttonweed
(Diodia virginiana), primrose willow (Ludwigia repens), and wax myrtle (Myrica
cerifera). There was approximately 4 feet of standing water in the wetland at the time of
the survey. This marsh is connected to the ditch that is to the west.
2
3.0 METHODOLOGY
A formal protected wildlife and plant survey was conducted on April 16, 2007 to
determine the presence or absence of protected wildlife species onsite and the general
location, density, and species of protected plants located within the project site. All
endangered. threatened, and commercially exploited plants found in Florida Department
of Agriculture and Conswner Services Chapter 5B-40.0055 Regulated Plant Index were
included in the survey. In addition, more mature slash pine and cypress trees were all
closely inspected for epiphytic species including Tillandsia sp. that could occur onsite.
Survey methods consisted of linear and meandering pedestrian transects throughout the
project area and species-specific survey methodology is described below.
GOPHER TORTOISE
Biologists located suitable gopher tortoise habitat during the preliminary field visits. A
formal 100% survey of suitable gopher tortoise habitat was completed for the parcel in
accordance with FWC guidelines.
BIG CYPRESS FOX SQUIRREL
Surveys were conducted within areas of the potential Big Cypress fox squirrel habitat.
Biologists surveyed for fox squirrels by meandering through all areas of suitable habitat.
Biologists stopped, looked, and listened at open locations that allowed visibility of
suitable habitat. Biologists looked for signs of fox squirrel activity, such as pinecone
remains, nests, scat, and tracks.
RED-COCKADED WOODPECKER
According to the Standardized State-Listed Animal Surveys Procedures obtained from
FWC, the red-cockaded woodpecker (RCW) typically prefer habitats such as pine lands
with mature trees of an age of 60 years or more, habitats that have an open mid-story, and
areas where regular burns occur. Although a very limited amount of the project area
contains large pine trees, most of this habitat is not suitable for RCW nesting because of
the invasion of Brazilian pepper. The area was surveyed for RCW utilization during the
wildlife survey. All sides of suitable pine trees were checked for nest cavities, start holes,
or birds.
4.0 RESULTS/DISCUSSION
During the April 2007 protected species survey, no protected wildlife species or evidence
of protected wildlife species were observed onsite. As mentioned, protected wildlife
surveys focused on Big Cypress fox squirrel, red-cockaded woodpecker, and gopher
tortoise. No fox squirrel nests or day beds were observed in any of the slash pine or
cypress trees observed onsite. Similarly, no red-cockaded woodpecker nest cavities were
observed in any of the slash pine trees during the survey. In addition, no gopher tortoise
burrows were observed within any of the upland habitats observed onsite.
3
Several wading birds were observed during the survey, of which snowy egret, tri-colored
heron, and white ibis are listed by the FWC as Species of Special Concern. No wading
birds were observed roosting or nesting on site.
A review of the FWC eagle nest locator database shows that one known eagle nest is
located more than 4 miles east of the project site. No bald eagles were observed and no
nests were observed in the canopy on site or within the vicinity of the project boundary.
Therefore, there are no known bald eagle nests that affect the site.
Protected plant species were observed during the protected species survey (Table 1).
None of the identified plants are federally listed, one is listed as endangered in Florida,
and one is listed as threatened in Florida. All of the identified protected plant species are
epiphytic and are found on the slash pine, Brazilian pepper, and cypress tree within the
site. At the time of this survey, the locations of the plants observed were not flagged in
the field as these plants were dispersed throughout the habitats onsite. The exact
locations of these plants will be flagged and located using a Global Positioning System
(GPS) closer to the time of the proposed relocation to ensure the relocation of all plants
(new and existing) to the onsite preserve. Density of Tillandsia species varied throughout
the upland and wetland habitats onsite.
Table 1. Listed plant species observed during the April 2007 survey
Species Common Name State Status Federal Status
Tillandsia balbisiana Inflated wild-pine T -
Tillandsia utriculata Giant wild-Dine E -
Tillandsia species present on the trees that will be cleared for development will be
relocated to suitable pine or cypress trees within the onsite preserve area prior to
construction. Relocation of the plants will be conducted by a professional with
experience in arboreal plant relocations. The long-term management of the onsite
preserve will ensure continued protection to these species upon relocation.
5.0 CONCLUSION
All endangered, threatened, and commercially exploited plants found in Florida
Department of Agriculture and Consumer Services Chapter 5B-40.0055 Regulated Plant
Index were included in the survey.
Specific protected wildlife species that were surveyed for include Big Cypress fox
squirrel nests and day beds, red-cockaded woodpecker nest cavities, and gopher tortoise
burrows. None of these protected wildlife species or evidence of these species were
observed during the survey.
Protected plant species observed within the habitats onsite were observed in limited
amounts. Tillandsia species were only observed to occur on more mature slash pine and
cypress trees. The density of protected plant species observed varied from low to
moderate to high within both upland and wetland habitats. No protected plant species
4
were observed on any Brazilian pepper trees onsite. Any listed species that may be
disturbed at the time of the proposed development will be relocated to suitable habitat
within the onsite preserve prior to the commencement of construction of the
development.
5
FIGURE 1
HABITATIFLUCCS MAP
Immokalee LLC Rezone
EAC Summary
During the January 17, 2008 Collier County Planning Commission (CCPC) meeting, the
CCPC recommended to forward petition RZ-2007-AR-12044 to the Environmental
Advisory Council (EAC) for review, In accordance with LDC Section 8.06,03,0
(Powers and Duties of the EAC), the EAC shall review any petition which requires
approval of the Collier County Planning Commission (CCPC) or the Board of County
Commissioners (BCC) where staff receives a request from the Chairman of the EAC,
CCPC or the BCC for that petition to be reviewed by the EAC.
The lmmokalee LLC rezone petition is a request to rezone the subject site from the
Estates (E) Zoning District to the Residential Multi-family (RMF-16) Zoning District for
a multi-family residential development with a maximum density of 15 units per acre, or
140 dwelling units on a 9.33 acre site, The subject property is presently vacant and
undeveloped, and has not been previously disturbed, Only the 6.42 acre uplands portion
of the site would be developed, and the remaining 2.91 acres of wetland area (marsh,
swamp, and drainage canals) would be preserved. The development standards for the
RMF-16 Zoning District are as follows:
. Maximum Zoned Building Heights: 75 feet
. Maximum Front Yard Setback: 1/2 SBH with a minimum ono feet.
In addition, a minimum of 140 parking spaces, or one space per unit plus visitor parking,
would be required for the proposed multi-family dwelling units,
Surrounding Land Uses and Zoning: The subject property is presently vacant and
undeveloped, and is within the Estates (E) Zoning District. North of the property is Farm
Worker's Village, a multi-family development, in the Village Residential Zoning District.
South of the property is vacant, undeveloped land in the Estates (E) Zoning District. East
of the property is vacant land, owned by Seminole Casino, in the Agricultural - Mobile
Home Overlay (A-MHO) Zoning District, and west of the property is Bethune Education
Center in the Estates (E) Zoning District.
Zoning Synopsis: As described in LDC Section 2.03.01(F), the purpose and intent of the
residential multiple-family-16 district "RMF-16" is to provide lands for medium to high
density multiple-family residences, generally surrounded by open space, located in close
proximity to public and commercial services, with direct or convenient access to arterial
and collector roads on the county major road network. This district corresponds to and
implements the urban mixed use land use designation on the future land use map of the
Collier County GMP. The maximum density shall not exceed 12 dwelling units per acre
in accordance with the Immokalee Area Master Plan, except as permitted by policies
contained in the future land use element pertaining to Residential In-fill Density Bonus
criteria. See GMP impact for details,
Immokalee LLC Rezone EAC Summary
May 7, 2008
Page 2
Growth Manae:ement Plan Consistencv: The subject 9,33 acre property, as identified
on the Future Land Use Map (FLUM) of the Immokalee Area Master Plan (lAMP), is
within the land use designation known as Neighborhood Center (NC) Subdistrict
(denoted as NC on the lAMP FLUM). The purpose of this land use classification is to
provide for centers of activity that serve the needs of the surrounding neighborhoods. The
centers should contain a blended mix of neighborhood oriented uses such as day care
centers, parks, schools and governmental activities.
In accordance with the NC designation, Section 4. d., "non residential uses shall be at
least 20 percent of the size of the NC." The subject NC area is approximately I IO acres.
Currently, the NC includes two non-residential uses: the Career and Service Center of
Collier County (3.7 acres) and Bethune Education Center (l0.4 acres), The existing non-
residential uses combined equate to 12.8 percent of the NC's size. As a result of the
existing non-residential uses, the aforementioned NC provision still requires at least eight
acres be available for future non-residential use.
The majority of the NC is zoned Estates (E), but there is a 4.5 acre parcel zoned Village
Residential (VR) in the northeast quadrant abutting County Road 846. Additionally, there
is a 2.8 acre parcel currently being utilized for residential purposes at the corner of
Bethune Road and County Road 846. In combination, the two existing properties account
for 7.3 acres and approximately 6.6 percent of the total NC. When the existing residential
properties and existing non residential uses are added together, they represent 19.4
percent of the NC. As a result, the 80.6 percent remaining area of the NC (88.7 acres)
demonstrates adequate development potential for achieving the requisite amount of non-
residential usage even when the proposed rezone is factored into the future development
scenarIo.
Pursuant to the NC designation, Section 4. e., "residential development within the
designated Neighborhood Centers shall permit a maximum density of twelve (I2) units
per gross acre. Residential dwelling units shall be limited to multi-family structures and
less intensive units such as single-family and duplexes provided they are compatible with
the district."
The petitioner is proposing an exclusively multi-family-based residential development
which would be consistent with residential uses intended for the NC. From the density
perspective, the petitioner is requesting 15 units per acre based upon Residential In-fill
Bonus eligibility.
Section 2, Density Bonuses, d. Residential In-fill, of the lAMP, lists the following
additional criteria, "To encourage residential in-fill, three (3) residential dwelling units
per gross acre may be added if the following criteria are met..."
Immokalee LLC Rezone EAC Summary
May 7, 2008
Page 3
Residential In-fill eligibility criteria is as follows:
· "The project is 10 acres or less in size" - subject parcel is 9.33
acres
· "At the time of development, the project will be served by
central public water and sewer" - subject parcel is within the
Immokalee Water and Sewer District, which will provide
water and sewer service
· "The project is compatible with surrounding land uses" - see
page 7 for Zoning Analysis
. "The property in question has no common site development
plan with adjacent property" - there is no indication of any
common site development plans with contiguous properties
property appraiser records.
. "There is no common ownership with any adjacent parcels" -
there is no common ownership among adjacent properties
. 'The parcel in question was not created to take advantage of
the Residential In-fill Density Bonus and was created prior to
the adoption of this provision in the Growth Management Plan
on January 10, 1989" - according to the Collier County
Property Appraiser's Office, the respective parcel was created
in its current legal descriptive form on or about 1965,
Based upon the above analysis, the project is eligible for a maximum density of 15
dwelling units per acre (du/a).
Conclusion: Staff deems the subject RMF-16 rezone request consistent with the lAMP
based on the following findings.
. The site qualifies as a residential infill project which is eligible
for three additional dwelling units per acre.
. The lAMP allows 12 units per acre.
Immokalee LLC Rezone EAC Summary
May 7,2008
Page 4
Therefore, staff recommends approval subject to the following:
. A density cap of IS dula shall be placed on the RMF-16
rezone request at the time of approval, and this density cap
shall be included in the rezone ordinance as RMF-16 (IS)
Environmental Services Recommendation: The preserve selection as proposed on the
project master plan is consistent with the ranking and location requirements in the
Growth Management Plan.
The following items shall be required as part of the next development order:
I. A Preserve Management Plan shall be provided including a
replanting plan for the area of invasive exotic vegetation in the
preserve area.
2. A listed species update shall be required prior to the next
development order including panther and bear telemetry points.
3. Listed species management plans shall be required, including
Florida black bear and Big Cypress fox squirrel.
4, Mitigation for Florida panther impacts shall be approved by
USFWS - US Fish and Wildlife Service
Preservation requirements are based on the entire site of ct 9 acres, 15% of the total site
is 1.4 acres and is shown on the site plan.
APPLICATION FOR PUBLIC HEARING FOR:
STANDARD REZONE
Petition No,:
Date Petition Received:
Commission District:
Planner Assigned:
ABOVE TO BE COMPLETED BY STAFF
1 . General Information:
Name of Applicant(s) Barry Goldmeier
Applicant's Mailing Address 250 Catalonia Avenue, Suite 606
City Coral Gables
State Florida
Zip 33134
Applicant's E-Mail Address:bgoldmeier{al.aol.com
Applicant's Telephone # (305) 461-2330
Fax # (305) 461.2346
Name of Agent ShaUll Mularkev, AICP Firm Coastal Engineering Consultants, Inc,
Agent's Mailing Address 3106 South Horseshoe Drive
City Naples
State Florida Zip 34104
Agent's Telephone # (239) 643.2324 Ext. 147
Fax # (239) 643.4364
Agent's E-Mail Address:smularkev@cecifl.com
COLLIER COUNTY COMMUNITY DEVELOPMENT
DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW
2800 N. HORSESHOE DRIVE-NAPLES, FL 34104
PHONE (239) 403-2400/FAX (239) 643-6968
APPLICATION FOR PUBLIC HEARING FOR STANDARD REWNE -1l/28/2006
*Be aware that Collier County has lobbyist regulations. Guide yourself accordingly and
ensure that you are in compliance with these regulations.
Complete the following for all Association(s) affiliated with this petition, (Provide additional
sheets if necessary)
Name of Homeowner Association: N/A
Mailing Address
City
State_Zip
Name of Homeowner Association: N/A
Mailing Address
City
State _ Zip
Name of Homeowner Association: N/A
Mailing Address
City
State _ Zip
Name of Master Association:
N/A
Mailing Address
City
State _ Zip
Name of Civic Association:
N/A
Mailing Address
City
State _ Zip
2 . Disclosure of Interest Information:
a, If the properly is owned fee simple by an INDIVIDUAL, tenancy by the entirety,
tenancy in common, or joint tenancy, list all parties with an ownership interest as
well as the percentage of such interest. (Use additional sheets if necessary),
Name and Address
Percentage of Ownership
APPLICATION FOR PUBLIC HEARING FOR STANDARD REZONE - 11/28/2006
b, If the property is owned by a CORPORATION, list the officers and stockholders
and the percentage of stock owned by each,
Name and Address, and Office
Barry Goldmeier
250 Catalonia Avenue Suite 606
Coral Gables. FL 33134
Percentage of Stock
50%
Lee Goldmeier
61 South Paramus Road. Box 1765
Paramus. NJ, 07652
50%
c. If the property is in the name of a TRUSTEE, list the beneficiaries of the trust with
the percentage of interest.
Name and Address
Percentage ofInterest
d, If the property is in the name ofa GENERAL or LIMITED PARTNERSHIP, list the
name of the general and/or limited partners.
Name and Address
Percentage of Ownership
e, If there is a CONTRACT FOR PURCHASE, with an individual or individuals, a
Corporation, Trustee, or a Partnership, list the names of the contract purchasers
below, including the officers, stockholders, beneficiaries, or partners,
Name and Address
Percentage of Ownership
Date of Contract:
APPLICATION FOR PUBLIC HEARING FOR STANDARD REZONE -1l/28/2006
f, If any contingency clause or contract terms involve additional parties, list all
individuals or officers, if a corporation, partnership, or trust.
Name and Address
g. Date subject property, acquired r8J leased 0 March 23, 2004 Term oflease
yrs.lmos,
If, Petitioner has option to buy, indicate date of option:
terminates: , or anticipated closing date
and date option
h. Should any changes of ownership or changes in contracts for purchase occur
subsequent to the date of application, but prior to the date of the final public
hearing, it is the responsibility of the applicant, or agent on his behalf, to submit
a supplemental disclosure of interest form,
3, Detailed lel!al description of the propertv covered bv the application: (If space is
inadequate, attach on separate page.) Ifrequest involves change to more than one zoning
district, include separate legal description for property involved in each district.
Applicant shall submit four (4) copies of a recent survey (completed within the last six
months, maximum I" to 400' scale) if required to do so at the pre-application meeting,
NOTE: The applicant is responsible for supplying the correct legal description, If
questions arise concerning the legal description, an engineer's certification or sealed
survey may be required,
Section: 9
Township: 47 S
Range: 29 E
Lot:
Block:
Subdivision:
Plat Book Page #:
Property LD,#:
00134000002
Metes & Bounds Description: The NE 1.1 of the SE 1.1 of the NE 1.1 of Section 9,
Township 47 South, Range 29 East. Collier County, Florida. Less the right ofwav for
County Road 846,
4.
Size of property:
ft,X
ft. = Total Sq, Ft.
Acres 9,33
5, Address/l!enerallocation of subject propertv: Southwest corner of the intersection of
County Road 846 and School Road.
APPLICATION FOR PUBLIC HEARING FOR STANDARD REZONE - 11/28/2006
6 . Adjacent zonm!!: and land use:
Zoning
Land use
N (VR)- Village Residential
Improved multi-familv development (farm worker village)
S (E) - Estates Vacant Land
Agricultural with mobile
E (A- MHO) home overlay Seminole Indian Land - Casino/vacant land
W (E) - Estates Improved - vacant portion of school propertv
Does the owner of the subject property own property contiguous to the subject property?
NO
If so, give complete legal description of entire contiguous property, (If space is
inadequate, attach on separate page),
Section:
Township: Range:
Lot:
Block: Subdivision:
Plat Book_ Page #:
Property LD,#:
Metes & Bounds Description:
7 . Rezone Request: This application is requesting a rezone from the (E) - Estates
zoning district (s) to the (RMF - 16) residential multi-familv zoning district(s),
Present Use of the Property: Vacant
Proposed Use (or range of uses) of the property: Residential multi-familv development
8. Evaluation Criteria: Pursuant to Section IO,03,05.G, of the Collier County Land
Development Code, staff's analysis and recommendation to the Planning Commission,
and the Planning Commission's recommendation to the Board of County Commissioners
shall be based upon consideration of the applicable criteria noted below, Provide a
narrative statement describing the rezone request with specific reference to the criteria
noted below, Include any backup materials and documentation in support of the request.
Standard Rezone Considerations (LDC Section JO.03.05.G.i
APPLICATION FOR PUBLIC HEARING FOR STANDARD REZONE - 11/28/2006
1. Whether the proposed change will be consistent with the goals. objectives. and
policies and future land use map and the elements of the growth management plan,
The proposed change from the Estates zoning district to RMF-16 would be
consistent with the goals, objectives, and policies and future land use map of the
growth management plan, The subject property is within lmmokalee and guided
by the lmmokalee Area Master Plan, The proposed zoning change would not only
meet the current objective of the Master Plan, but it would also meet the presently
proposed changes to the Plan,
The current lmmokalee Future Land Use Map plans the subject property and
surrounding area as NC - Neighborhood Center. According to the Master Plan,
this category is eligible for up to twelve (12) dwelling units per acre. The
property is also eligible for an additional three (3) dwelling units per acre as a
residential infill. To qualifY as residential infill the project must be ten (10) acres
or less in size, served by public sewer/water, abut at least one developed property,
owned independently of surrounding parcels, and created prior to the provision in
the Growth Management Plan, Based on these criteria, the project is eligible for
up to fifteen (15) units per acre,
The presently proposed changes to the Immokalee Future Land Use Map depict
the area as High Density Residential (> 15 units/acre).
A multi-family residential project would provide a quality housing choice in the
area,
2, The existing land use pattern.
Much of the immediate surrounding area is currently undeveloped, There are
scattered developments in the area that include office development to the west, the
Bethune Education Center to the northwest, a farm workers village to the north,
and the Seminole Casino to the northeast.
3. The possible creation of an isolated district unrelated to adjacent and nearby
districts.
This proposed project would provide the residential infill component that is
needed in the immediate area as part of the Neighborhood Center district.
According to the Master Plan, centers should contain a mix of neighborhood
oriented uses such as residential, day care, parks, schools, and governmental
activities,
According to the Neighborhood Center district, non-residential uses shall be at
least 20% of the size of the center, This Neighborhood Center is roughly 97 acres
in size, There are currently non-residential uses (school and governmental
offices) totaling approximately 10 acres within the Neighborhood Center. Total
developed land (including this proposed rezoning) within the center is
APPLICATION FOR PUBLIC HEARING FOR STANDARD REZONE - IlI28/2006
approximately 26 acres, Therefore, the current percentage of developed land in
the district that is non-residential is about 38%, Additionally, there will be
roughly 71 remaining acres in which to achieve a wide range of non-residential
uses,
Rezoning the subject parcel to allow multi-family uses will not adversely impact
the total desired mix of uses within the district.
4, Whether existing district boundaries are illogically drawn in relation to existing
conditions on the property for the proposed change.
N/A.
5. Whether changed or changing conditions make the passage of the proposed
amendment (rezone) necessary,
This area surrounding the proposed project is transitioning, Neighborhood
Centers planned in lmmokalee are envisioned as mixed-use areas including
residential densities greater than is allowed by the existing Estates zoning,
6. Whether the proposed change will adversely influence living conditions in the
neighborhood.
The proposed multi-family residential project would positively influence the area
and improve the neighborhood by providing additional quality housing choices,
7, Whether the proposed change will create or excessively increase traffic congestion or
create types of traffic deemed incompatible with surrounding land uses, because of
peak volumes or projected types of vehicular traffic, including activity during
construction phases of the development, or otherwise affect public safety,
The proposed rezone to RMF-16 would allow for a maximum density of 15 units
per acre for the property according to the lmmokalee Area Master Plan, This
would equate to approximately 140 residential units on 9.33 acres, This density
increase to the area would not negatively impact or be deemed incompatible with
the surrounding area which fronts lmmokalee Road (CR 846), a key transportation
corridor in the area,
8, Whether the proposed change will create a drainage problem.
The proposed multi-family residential project would manage all stormwater onsite
according to Collier County and South Florida Water Management District
regulations and would not adversely impact adjacent parcels.
9. Whether the proposed change will seriously reduce light and air to adjacent areas,
The proposed multi-family residential project will be designed in accordance with
surrounding development and County LDC setback and buffer requirements,
APPLICATION FOR PUBLIC HEARING FOR STANDARD REZONE - 11128/2006
10. Whether the proposed change will seriously affect property values in the adjacent
area,
It is anticipated that the proposed multi-family residential project would positively
influence the properly values in the adjacent area,
11. Whether the proposed change will be a deterrent to the improvement or development
of adjacent property in accordance with existing regulations,
We believe this proposed multi-family residential project would positively
influence the area as well as stimulate and improve the neighborhood.
12. Whether the proposed change will constitute a grant of special privilege to an
individual owner as contrasted with the public welfare.
Granting this change would not constitute a special privilege, Granting this
change would bring the property is in conformance with the Immokalee Area
Master Plan and Future Land Use Map,
13. Whether there are substantial reasons why the property cannot be used in accordance
with existing zoning.
The existing zoning is incongruent with the envisioned Neighborhood Center that
focuses on a mix of neighborhood uses and residential densities to support them,
14. Whether the change suggested is out of scale with the needs of the neighborhood or
the county,
The proposed multi-family use will meet the intent of the Neighborhood Center
district, including the intended mix of uses and densities, The development will
be compatible with surroundings and provide an additional housing choice in the
area,
15. Whether it is impossible to find other adequate sites in the county for the proposed
use in districts already permitting such use,
The current Immokalee Area Master Plan designates this area as Neighborhood
Center with the need for addition residential and non-residential projects. In
addition, the presently proposed Master Plan changes for this area designate it as
High Density Residential. This proposed zoning change for the subject parcel
would allow for a multi-family residential project that would fulfill what is
envisioned in both the current and proposed plans,
16, The physical characteristics of the property and the degree of site alteration which
would be required to make the property usable for any of the range of potential uses
under the proposed zoning classification,
APPLICATION FOR PUBLIC HEARING FOR STANDARD REZONE - II/28/2006
The site is currently wooded with a mix of wetland areas and upland areas, A
minimum of 15% of the native vegetation will be retained, The majority of
existing wetlands on the subject site will remain protected and unchanged, The
remaining upland portions of the site will be cleared for development as
necessary,
17. The impact of development on the availability of adequate public facilities and
services consistent with the levels of service adopted in the Collier County growth
management plan and as defined and implemented through the Collier County
Adequate Public Facilities Ordinance [Code ch. 106, art. II}, as amended,
There are more than adequate public facilities and capacities available to this site,
The proposed multi-family residential project would not compromise any current
levels of service already available,
According to letters received from utility providers, there exists sufficient capacity
to serve the proposed development.
18. Such other factors, standards, or criteria that the board of county commissioners
shall deem important in the protection of the public health, safety, and welfare,
The conventional rezone petition for the subject property meets the intent of the
Collier County Growth Management Plan and more specifically, the Immokalee
Area Master Plan, Development of the property will have no adverse impacts on
surrounding areas in terms of stormwater run-off, environmental impacts,
compatibility, or property values. The multi-family housing proposed will also
serve a need for additional quality housing in the community,
9. Deed Restrictions: The County is legally precluded from enforcing deed restrictions,
however, many communities have adopted such restrictions. You may wish to contact the
civic or property owners association in the area for which this use is being requested in
order to ascertain whether or not the request is affected by existing deed restrictions,
10, Previous land use petitions on the subiect property: To your knowledge, has a public
hearing been held on this property within the last year? If so, what was the nature of that
hearing? NO
II. Additional Submittal requirements: In addition to this completed application, the
following shall be submitted in order for your application to be deemed sufficient, unless
otherwise waived during the pre-application meeting.
a. A copy of the pre-application meeting notes;
b . If this rezone is being requested for a specific use, provide fifteen (15) copies of a
24" x 36" conceptual site plan (16 copies if for affordable housing) [and one reduced
8 \1," x II" copy of site plan], drawn to a maximum scale of I inch equals 400 feet,
depicting the following [Additional copies of the plan may be requested upon
APPLICA nON FOR PUBLIC HEARING FOR STANDARD REZONE - 11/28/2006
completion of staff evaluation for distribution to the Board and various
boards such as the Environmental Advisory Board (EAB), or CCPC];
advisory
N/A
· all existing and proposed structures and the dimensions thereof,
· provisions for existing and/or proposed ingress and egress (including pedestrian
ingress and egress to the site and the structure(s) on site),
· all existing and/or proposed parking and loading areas [include matrix indicating
required and provided parking and loading, including required parking for the
disabled],
· required yards, open space and preserve areas,
· proposed locations for utilities (as well as location of existing utility services to
the site),
· proposed and/or existing landscaping and buffering as may be required by the
County,
c. An architectural rendering of any proposed structures.
N/A
d. An Environmental Impact Statement (EIS), as required by Section 10,02,02, of the
Land Development Code (LDC) , or a request for waiver if appropriate, N/ A
e. Whether or not an EIS is required, two copies of a recent aerial photograph, (taken
within the previous twelve months), minimum scale of one inch equals 400 feet,
shall be submitted, Said aerial shall identifY plant and/or wildlife habitats and their
boundaries, Such identification shall be consistent with Florida Department of
Transportation Land Use Cover and Forms Classification System, Additionally, a
calculation of the acreage (or square feet) of native vegetation on site, by area, and a
calculation and location(s) of the required portion of native vegetation to be
preserved (per LDC Section 3,05,07.B.1.),
f. Statement of utility provisions (with all required attachments and sketches);
g. A Traffic Impact Statement (TIS), unless waived at the pre-application meeting;
h, A historical and archeological surveyor waiver application if property is located
within an area of historical or archaeological probability (as identified at pre-
application meeting);
i. The petitioner must provide a letter of no objection from the United States Postal
Service prior to submittal of the application, Please contact Robert M, Skebe,
Growth Management Coordinator at:
U,S, Postal Service
1200 Goodlette Road
Naples, Florida 34102-9998
Phone (239) 435-2122; Fax (239) 435-2160
j. Any additional requirements as may be applicable to specific conditional uses and
identified during the pre-application meeting, including but not limited to any
required state or federal permits,
APPLICATION FOR PUBLIC HEARING FOR STANDARD REZONE -11/28/2006
Section 1O.03.05.B.3. of the Land Development Code requires an applicant to
remove their public hearing advertising sign (s) after final action is taken by
the Board of County Commissioners. Based on the Board's fmal action on this
item, please remove all public hearing advertising sign (s) immediately
APPLICATION FOR PUBLIC HEARING FOR STANDARD REZONE -1I/28/2006
IMMOKALEE ROAD/ SCHOOL DRIVE PARCEL
PROTECTED SPECIES SURVEY AND ENVIRONMENTAL
ASSESSMENT REPORT
Prepared for:
ImmokaIee, LLC
250 Catalonia Ave. Suite 606
Coral Gables, Florida 33134
Submitted to:
Collier County Environmental Service Department
2800 North Horseshoe Drive
Naples, Florida 34104
Prepared by:
EarthBalance@
2579 North Toledo Blade Boulevard
North Port, Florida 34289
(941) 426-7878
MAY 2007
1.0 INTRODUCTION
The purpose of this report is to provide the results of the April 16, 2007 protected species
survey and environmental assessment for the 9.33 acre Immokalee site in accordance
with a rezoning application submitted for the subject parcel. The project site is bordered
by School Drive to the north, C,R. 846 to the east, and vacant land to the south and west
in Section 9, Township 47S, Range 29E, Collier County, Florida.
The purpose of the site visit was to conduct a habitat assessment of the site and conduct a
wildlife survey to identifY the presence or absence of protected wildlife species,
specifically Big Cypress fox squirrel (Sciurus niger avicennia), red-cockaded
woodpecker (Picoides borealis), and gopher tortoise (Gopherus polyphemus). In
addition, a protected plant species survey was conducted to detennine the presence or
absence of protected plant species onsite.
2.0 SITE DESCRIPTION
The vegetative communities occurring on the 9.33-acre site were evaluated as potential
habitat for protected wildlife and plant species. The upland areas onsite were surveyed
for their potential to support the listed gopher tortoise and red-cockaded woodpecker, In
addition, Collier County staff has also requested the survey of the site for Big Cypress
fox squirrel. Upland and wetland habitats onsite were also surveyed for protected plant
species that may occur.
Site observations, in conjunction with the Soil Survey of Collier County Area, Florida
(1998) and aerial photographs, were used to develop a map of the habitats on site
according to the Florida Land Use, Cover, and Forms Classification System (FLUCCS) -
Figure 1. The following is a description of the habitats observed within the property
boundaries:
FLUCCS CODES HABITAT DESCRIPTION ACREAGE
UPLANDS
411/422 Pine Flatwoods/Brazilian Pepper 2.41
422 Brazilian Pepper 3.55
810 Road 0.23
TOTAL UPLANDS 6.19 acres
WETLANDS
422-H Hvdric Brazilian Pepper 0.63
510 Ditch 1.03
618-1 Disturbed Willow Marsh 0.24
621-1 Disturbed Cypress Slough 0.98
641 Freshwater Marsh 0.26
TOTAL WETLANDS 3.14 acres
TOTAL ACREAGE 9.33
I
UPLAND HABITAT DESCRIPTIONS
Pine FIatwoods/Brazilian Pepper - FLUCCS 411/422
Within this habitat, slash pine (Pinus elliottii) and Brazilian pepper (Schinus
terebinthifolius) are dominant. Subdominant species include saw pahnetto (Serenoa
repens), saltbush (Baccharis halimifolia), myrsine (Myrsine sp.), wild coffee (Psychotria
spp.), wax myrtle (Myrica cerifera), cedar (Juniperus spp.), and oak (Quercus spp,). The
groundcover is dominated by broom grass (Andropogon virginicus), catbrier (Smilax sp.),
blackberry (Rubus sp,), and bahia grass (Paspalum notatum), and other weedy species
occur as minor associations within this habitat. No protected wildlife species were
observed within this habitat, due to the invasive coverage by Brazilian pepper.
Brazilian Pepper - FLUCCS 422
The majority of the site is infested with Brazilian pepper, The Brazilian pepper forms
dense thickets throughout this habitat. No protected species were observed or are
expected within this habitat due to heavy shading.
Road - FLUCCS 810
A road runs along the northern boundary of the property,
WETLAND HABITAT DESCRIPTIONS
Ditch - FLUCCS 510
This habitat is an open water canal dominated by the exotic species, water lettuce (Pistia
stratiotes) and Brazilian pepper, in addition to willow (Salix caroliniana). This feature
was most likely excavated from wetlands and appears to be currently used as stormwater
drainage for the development to the north.
Disturbed Willow Marsh - FLUCCS 618-1
This habitat is dominated by willow and Brazilian pepper and is located along the fringes.
This marsh is connected to the freshwater herbaceous marsh and ditch to the north and
west.
Disturbed Cypress Swamp - FLUCCS 621-1
This habitat is a part of a larger cypress slough system that extends off site to the south
and east of the property. The vegetation is dominated by bald cypress (Taxodium
distichum). Red maple (Acer rubrum), cabbage palm (Sabal palmetto), swamp fern
(Blechnum serrulatum), and Brazilian pepper are subdominant. The habitat is good
quality with the exception of slight invasion of Brazilian pepper along the edge of the
wetland area,
Freshwater Marsh - FLUCCS 641
This habitat is dominated by maidencane (Panicum hemitomon). Additional species
observed in the marsh included alligator flag (Thalia geniculata), Virginia buttonweed
(Diodia virginiana), primrose willow (Ludwigia repens), and wax myrtle (Myrica
cerifera). There was approximately 4 feet of standing water in the wetland at the time of
the survey. This marsh is connected to the ditch that is to the west.
2
3.0 METHODOLOGY
A formal protected wildlife and plant survey was conducted on April 16, 2007 to
determine the presence or absence of protected wildlife species onsite and the general
location, density, and species of protected plants located within the project site, All
endangered, threatened, and commercially exploited plants found in Florida Department
of Agriculture and Consumer Services Chapter 5B-40.0055 Regulated Plant Index were
included in the survey. In addition, more mature slash pine and cypress trees were all
closely inspected for epiphytic species including Tillandsia sp. that could occur onsite.
Survey methods consisted of linear and meandering pedestrian transects throughout the
project area and species-specific survey methodology is described below.
GOPHER TORTOISE
Biologists located suitable gopher tortoise habitat during the preliminary field visits. A
formal 100% survey of suitable gopher tortoise habitat was completed for the parcel in
accordance with FWC guidelines,
BIG CYPRESS FOX SQUIRREL
Surveys were conducted within areas of the potential Big Cypress fox squirrel habitat.
Biologists surveyed for fox squirrels by meandering through all areas of suitable habitat.
Biologists stopped, looked, and listened at open locations that allowed visibility of
suitable habitat. Biologists looked for signs of fox squirrel activity, such as pinecone
remains, nests, scat, and tracks.
RED-COCKADED WOODPECKER
According to the Standardized State-Listed Animal Surveys Procedures obtained from
FWC, the red-cockaded woodpecker (RCW) typically prefer habitats such as pinelands
with mature trees of an age of 60 years or more, habitats that have an open mid-story, and
areas where regular burns occur. Although a very limited amount of the project area
contains large pine trees, most of this habitat is not suitable for RCW nesting because of
the invasion of Brazilian pepper. The area was surveyed for RCW utilization during the
wildlife survey, All sides of suitable pine trees were checked for nest cavities, start holes,
or birds,
4.0 RESULTSIDISCUSSION
During the April 2007 protected species survey, no protected wildlife species or evidence
of protected wildlife species were observed onsite, As mentioned, protected wildlife
surveys focused on Big Cypress fox squirrel, red-cockaded woodpecker, and gopher
tortoise. No fox squirrel nests or day beds were observed in any of the slash pine or
cypress trees observed onsite, Similarly, no red-cockaded woodpecker nest cavities were
observed in any of the slash pine trees during the survey. In addition, no gopher tortoise
burrows were observed within any of the upland habitats observed onsite.
3
Several wading birds were observed during the survey, of which snowy egret, tri-colored
heron, and white ibis are listed by the FWC as Species of Special Concern. No wading
birds were observed roosting or nesting on site.
A review of the FWC eagle nest locator database shows that one known eagle nest is
located more than 4 miles east of the project site. No bald eagles were observed and no
nests were observed in the canopy on site or within the vicinity of the project boundary,
Therefore, there are no known bald eagle nests that affect the site.
Protected plant species were observed during the protected species survey (Table 1).
None of the identified plants are federally listed, one is listed as endangered in Florida,
and one is listed as threatened in Florida. All of the identified protected plant species are
epiphytic and are found on the slash pine, Brazilian pepper, and cypress tree within the
site. At the time of this survey, the locations of the plants observed were not flagged in
the field as these plants were dispersed throughout the habitats onsite. The exact
locations of these plants will be flagged and located using a Global Positioning System
(GPS) closer to the time of the proposed relocation to ensure the relocation of all plants
(new and existing) to the onsite preserve. Density of Tillandsia species varied throughout
the upland and wetland habitats onsite.
Table 1. Listed plant species observed during the April 2007 survey
Snecies Common Name State Status Federal Status
Tillandsia balbisiana Inflated wild-nine T -
Tillandsia utriculata Giant wild-nine E -
Tillandsia species present on the trees that will be cleared for development will be
relocated to suitable pine or cypress trees within the onsite preserve area prior to
construction. Relocation of the plants will be conducted by a professional with
experience in arboreal plant relocations. The long-term management of the onsite
preserve will ensure continued protection to these species upon relocation.
5.0 CONCLUSION
All endangered, threatened, and commercially exploited plants found in Florida
Department of Agriculture and Consumer Services Chapter 5B-40.0055 Regulated Plant
Index were included in the survey.
Specific protected wildlife species that were surveyed for include Big Cypress fox
squirrel nests and day beds, red-cockaded woodpecker nest cavities, and gopher tortoise
burrows. None of these protected wildlife species or evidence of these species were
observed during the survey,
Protected plant species observed within the habitats onsite were observed in limited
amounts. Tillandsia species were only observed to occur on more mature slash pine and
cypress trees. The density of protected plant species observed varied from low to
moderate to high within both upland and wetland habitats. No protected plant species
4
were observed on any Brazilian pepper trees onsite, Any listed species that may be
disturbed at the time of the proposed development will be relocated to suitable habitat
within the onsite preserve prior to the commencement of construction of the
development.
5
FIGURE 1
HABITAT/FLUCCS MAP
Code: Description: AcresAe:
Upland:
411/422 Pine Flatwood/Brazilian Pepper 2.41 ac,
422 Brazilian Pepper 3.55 ac.
610 Road 0,23 ac.
Total Upland Acreage: 6.19ac.
Wetland:
422-H Hydric Brazilian Pepper 0,63 ac.
510 Ditch 1.03ac.
618-1 Disturbed Willow Marsh 0,24 ac.
621-1 Disturbed Cypress Swamp 0,98 ac.
641 Freshwater Mersh 0.26 ac.
Total Wetland Acreage: 3.14ac.
Total Project Acreage: 9.33 ac.
FlUCCS Lines
Surveyed Wetland lines
DATE: 02-13-06
FilE: FlUCCS_Map_02-13-06,dwg
PROJECT NO: 03416.3
AERIAL: 2006 TC 6 in stpleft (Collier)
SCALE: 1" = 100'
FLUCCS MAP
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Harth Port , n 34289
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