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EAC Backup 05/06/2009 Environmental Advisory Council Backup Documents May 6, 2009 ENVIRONMENTAL ADVISORY COUNCIL Agenda Item VI A STAFF REPORT MEETING OF Mav 6th. 2009 I. NAME OF PETITIONER/PROJECT: Petition No: Residential Conditional Use-2009-AR -14148 Petition Name: Transportation Satellite Facility-CU ApplicantlDeveloper: The School District of Collier County Engineering Consultant: Johnson Engineering, Inc. Environmental Consultant: Johnson Engineering, Inc. II. LOCATION: The subject site contains 11.38:f: acres and is located on the north and south sides of 8th Avenue NE, 680 feet east of DeSoto Boulevard (Tracts 136 and 137, Unit 78, Golden Gate Estates), in Section 4, Township 49 South, Range 28 East, Collier County, Florida. III. DESCRIPTION OF SURROUNDING PROPERTIES: The subject property is a vacant 11.38:f: acre site east of the intersection of Desoto Boulevard and 8th Avenue Northeast. The property is bordered on the west, north and south by Golden Gate Estates. To the east is land currently zoned rural agriculture (A). ZONING DESCRIPTION N - Estates (E) Undeveloped parcels and single-family residences Undeveloped parcels and single-family residences S - Estates (E) E - Rural Agriculture-Mobile Home Overlay (A-MHO) Undeveloped parcels and agricultural land W - Estates (E) Undeveloped parcels and single-family residences EAC Meeting Page 2 of9 IV. PROJECT DESCRIPTION: The application is requesting a conditional use for an ancillary plant (satellite transportation facility) pursuant to LDC Section 2.03.01.B.1.c.l0, for the off duty parking and maintenance of the portion of the School District's school bus fleet that serves the Greater Golden Gate Estates area. V. GROWTH MANAGEMENT PLAN CONSISTENCY: Future Land Use Element: The subject property is designated Estates (Estates-Mixed Use District, Residential Estates Subdistrict) on the Golden Gate Future Land Use Map (FLUM). The Golden Gate Area Master Plan (GGAMP) is characterized by low density semi-rural residential lots with limited opportunities for other land uses. The Estates Designation also accommodates future non-residential uses, including conditional uses for essential services as defined in the Land Development Code (LDC) and "schools and school facilities in the Estates Designation north of Interstate 75 (1-75) ..." as specifically provided for therein. Also, Policy 1.1.8, pertains to educational and ancillary plants, and provides that "All future educational plants and ancillary plants shall be allowed in zoning districts as set forth in FLUE (Future Land Use Element) Policy 5.14." FLUE Policy 5.14f., provides that ancillary plants are allowed in the Estates (E) Zoning District via conditional use (CU) approval. FLUE Policy 5.14d., contains specific notification requirements to be fulfilled by the School Board prior to site acquisition for an ancillary plant, in this case properties within 1,000 feet of the site (the same as for this CU petition). This policy also requires the County to subsequently map the site on the FLUM series of school facilities contained in the FLUE. The LDC contains a requirement for the School Board staff to hold a pre-acquisition meeting with County staff, make a submittal requesting determination of consistency with the GMP and compliance with zoning district regulations - principally to determine if the proposed facility is allowed by the existing FLUE designation and zoning on the subject site, and for the County to respond with a written determination. The subject site was deeded from Collier County (GAC Land Trust) to the School District of Collier County on January 15, 2008, and the deed specifies the site will be used "solely for school purposes including educational, auxiliary and ancillary plants and facilities such as bus facilities and maintenance facilities." Approval EAC Meeting Page 3 of9 for this action was granted by the Board of County Commissioners on January 15, 2008 (agenda item E.lO.). Despite the conveyance occurring in January 2008, the new Public School Facilities Element that was adopted on October 14,2008 does not reflect the subject site on the maps depicting future school facilities. The required pre-application meeting was not requested or held, the consistency letter was not requested, and the notification requirements of FLUE Policy 5.14d., was not fulfilled. While it is acknowledged that the property was not acquired in the typical manner (purchase from the private sector), this does not obviate the need to comply with the aforementioned LDC and FLUE provisions. FLUE Objective 7 and relevant policies are stated below; each policy is followed by staff analysis. Objective 7: In an effort to support the Dover, Kohl & Partners publication, Toward Better Places: The Community Character Plan for Collier County, Florida, promote smart growth policies, and adhere to the existing development character of Collier County, the following policies shall be implemented for new development and redevelopment projects, where applicable. Policy 7.1., The County shall encourage developers and property owners to connect their properties to fronting collector and arterial roads, except where no such connection can be made without violating intersection spacing requirements of the Land Development Code. [The subject site does not abut an arterial or collector road; it only fronts on 8th Avenue NE, a local road.] Policy 7.2, The County shall encourage internal accesses or loop roads in an effort to help reduce vehicle congestion on nearby collector and arterial roads and minimize the need for traffic signals. [A loop road is not feasible as this is a single use project. It is expected to contain parking lot(s) but no actual roads. Access will be via 8th Avenue N.E. Also, a "potential future access" connection to the east, into the Rural Lands Stewardship Area, is depicted on the CU Conceptual Master Plan.] Policy 7.3, All new and existing developments shall be encouraged to connect their local streets and their interconnection points with adjoining neighborhoods or other developments regardless of land use type. [Given that the proposed use is an ancillary plant (satellite transportation facility), staff does not believe it appropriate to provide interconnections to adjacent lands to the north, south or west, all zoned Estates (E), and limited to one single family unit per 2.25 acres. A "potential future access" to the east, into the Rural Lands Stewardship Area, is depicted on the CU Conceptual Master Plan.] Policy 7.4, The County shall encourage new developments to provide walkable communities with a blend of densities, common open spaces, civic facilities and a EAC Meeting Page 4 of9 range of housing prices and types. [Most of this policy is not applicable to this type of non-residential project. Open space must be provided as required by the LDC. Comprehensive Planning Statl' defers to Engineering and Envirorunental Services Staff to review for consistency with those minimum standards. Since the applicant has not requested a deviation, provision of sidewalks must be in accordance with LDC requirements.] Based upon the above analysis, Comprehensive Planning staff concludes that, although the School District did not comply with site pre-acquisition requirements, this Conditional Use petition for an ancillary plant (satellite transportation facility) in the Estates designation may be deemed consistent with the Golden Gate Area Master Plan. Conservation & Coastal Manae:ement Element: Objective 2.2 of the Conservation and Coastal Management Element of the Growth Management Plan states "All canals, rivers, and flow ways discharging into estuaries shall meet all applicable federal, state, or local water quality standards. To accomplish that, policy 2.2.2 states "In order to limit the specific and cumulative impacts of stormwater runoff, stormwater systems should be designed in such a way that discharged water does not degrade receiving waters and an attempt is made to enhance the timing, quantity, and quality of fresh water ( discharge) to the estuarine system. This project is consistent with the objectives of policy 2.2.2 in that it attempts to mimic or enhance the quality and quantity of water leaving the site by utilizing interconnected retention and detention areas to provide water quality retention and peak flow attenuation during storm events prior to discharging into a wetland preserve. This project is consistent with policy 6. t and 6.2 regarding the selection of preserves. The property site contains 11.38 acres of which 10.16 acres is considered native vegetation. The proposed native vegetation preserve of 1.52 acres fulfills the minimum requirement of 1.52 acres or 15% of the existing native vegetation on site. A conservation easement dedicated to Collier County shall be placed over the preserve. Selection of native vegetation to be retained on site as a preserve area is shown to be consistent with the GMP based upon the following: A portion (0.47 acres) of the 2.96 acres of onsite wetlands shall be incorporated into the 1.52 acre native preserve. The preserve configuration provides one large preserve area located along the northern property boundary adjacent to undeveloped pine flatwood habitat. EAC Meeting Page 5 of9 As required by policy 6.2.1, a wetland jurisdictional determination is required to be conducted by the South Florida Water Management District (SFWMD) and United States Army Corps of Engineers (USACE) prior to any future site development plan approval. As required by Policy 6.1.4, prohibited exotic vegetation shall be removed from the sitc and maintained in perpetuity. The EIS required by Policy 6.1.8 has been prepared and is supplied as part of the review packet for this submittal. As required by Policy 7.1.2, a listed species survey was conducted on the property and is contained in the EIS (Exhibit K). As required by Policy 11.1.2, an archaeological survey was conducted and is included in the EIS (Exhibit N). The project will not impact any known historic or archeological sites. VI. MAJOR ISSUES: Stormwater Mana2ement: According to the Drainage Atlas of Collier County, this site sits within the Faka Union Canal Basin, which has an allowable maximum discharge rate of 0.15 cfs per acre. A look at the UDAR shows that historic flow in this area was probably west to east, but with the development of Golden Gate Estates, they decided to drain the water toward the west toward the Faka Union Canal, toward higher ground. The Drainage Atlas basin boundary follows the eastern boundary of the subdivision called Golden Gate Estates without regard for topography. The Faka Union Canal was dug to drain a portion of Golden Gate Estates for development. It was dug decades ago in a straight north-south direction, also with no regard for topography. Near the location of this site, the canal appears to be along the high ground. And the land to the east of the canal appears to be the western slope of a slough that flows south into the Okaloakoochee Slough. The problem with this old subdivision design is that pipes and culverts "work both ways" and water flows from areas of higher head elevation to areas of lower head elevation. If the canal water level elevation exceeds the elevation of the water in the slough, water will flow east instead of west. Residents in this area already complain of flooded roads. None of this is the fault of the School site. The "Site Plan and Preliminary Drainage Plan" that is attached as Exhibit F to the EIS shows a standard system of dry and wet retention / detention areas that will achieve water quality improvement and peak flow attenuation. This project will be permitted for stormwater management by the South Florida Water Management District. EAC Meeting Page 6 of9 Environmental: Site Description: The project site consists of 10.16 acres of native vegetation according to the definition in the GMP and LDC and has been verified by staff on site. On site native vegetation communities include pine flatwoods (4.87:1: acres), pine/oak (2.33 :1:acres), wetland forested mix (0.90:1: acres), and cypress/pine/cabbage palm (2.06:1: acres). Wetlands: Based on the field survey conducted by Johnson Engineering Inc., there are approximately 2.96:1: acres of jurisdictional wetlands. The wetland limits shall be verified by the SFWMD at the first development order. A portion of the wetlands on site have been impacted by exotic vegetation including Melaleuca and Brazillian pepper. The project proposes to preserve 0.47:1: acres or 15.9% of the remaining wetland habitats on site. The project proposes to impact 84.1 % or 2.49:1: acres of the jurisdictional wetlands. Impacts to the jurisdictional wetlands shall be mitigated for through the South Florida Water Management District (SFWMD) permitting process at the first development order. Preservation Requirements: The proposed native vegetation preserve of 1.52 acres fulfills the mImmum requirement of 1.52 acres or 15% of the existing native vegetation on site. More than half of the on site wetlands are located in the center of the project area. In order to maintain one contiguous preserve area, the preserve area is located along the northern property boundary and incorporates 1.05 acres of upland and 0.47 acres of wetlands. The proposed preserve shall be placed under a Collier County conservation easement. Listed Species: The most recent listed species survey was conducted by Johnson Engineering, Inc. during July and August, 2008 and is contained in the EIS. (Exhibit K). An updated listed species survey shall be required at the first development order. During the listed species survey conducted on this site, a wood stork (Mycteria americana) and a little blue heron (Egretta caerulea) were observed foraging in the canal on the northern property boundary. A wading bird management plan is provided in the EIS (Exhibit M). Although no other listed species were observed on site, the subject property and the surrounding area provides habitat for a number of listed species (EIS pages 10-13 of Exhibit K). According to GIS data, the site is located within the primary zone of the USFWS designated Panther EAC Meeting Page 7 of9 Focus Area. No Florida panthers (Puma conca/or coryi), or evidence thereof, were observed during the recent listed species surveys conducted on the property. However, the Florida Fish and Wildlife conservation Commission (FWC) panther telemetry locations demonstrate the use of the project vicinity by this species. Consultation with the FWC and the United States Fish and Wildlife Service (USFWS) for the project's potential effects on state and federally listed species shall be required prior to any future development order approval. Consultation with the applicable wildlife agencies will be coordinated through the SFWMD environmental resource permit and the USACE permit processes. VII. RECOMMENDATIONS: Staff recommends approval of Conditional Use No: 2009-AR -14148 "Transportation Satellite Facility" with the following conditions: Stormwater Manae:ement: 1) A Surface Water Management or Environmental Resource Permit must be obtained from the South Florida Water Management District prior to approval of the Site Development Plan. Environmental: 2) Provide Florida Black Bear (Ursus americanus floridanus), Big Cypress fox squirrel (Sciurus niger avicennia), and wading bird management plans as part of the next development order. EAC Meeting Page 8 of9 2fdB2CJ.9 DATE STAN CHRZAN ENGINEERING VIEW MANAGER ENGINEERING SERVICES DEPARTMENT ~ ,6J:::::; CHRIS D'ARCO ENVIRONMENTAL SPECIALIST ENVIRONMENTAL SERVICES DEPARTMENT 772r~~~ MELISSA ZONE ~ PRINCIP AL PLANNER DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW ~hcflT/ DATE 9-~.~~ DATE ~~ STEPHEN LENBERGER SENIOR ENVIRONMEN t/ 12 ~IzC() 'J DATE I LIAM D. LORE , Jr., P. . ENVIRONMENTAL SERVICES DEPARTMENT DIRECTOR n l ..., , J .-- J."" ~ r-- , -^'d' -.-- ? l.~. ;/ L_ 51~ue,\ r W.1I1 ~ w0 ASSISTANT COUNTY A TIORNEY OFFICE OF THE COLLIER COUNTY ATTORNEY O;.ZI- C!J DATE DATE APPROVED BY: .6 EPH K. SCHMITT MMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DMINISTRA TOR .j~~/~, ~-.