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EAC Agenda 11/02/2011 EAC MEETING AGENDA NOVEMBER 2,2011 AGENDA COLLIER COUNTY ENVIRONMENTAL ADVISORY COUNCIL WILL MEET AT 9:00 A.M., WEDNESDAY, NOVEMBER 2,2011, IN THE BOARD OF COUNTY COMMISSIONERS MEETING ROOM, ADMINISTRATION BUILDING, COUNTY GOVERNMENT CENTER, 3299 TAMIAMI TRAIL EAST, NAPLES, FLORIDA I. Call to Order II. Roll Call III. Approval of Agenda IV. Approval of September 7,2011 meeting minutes (October meeting was canceled) V. Upcoming Environmental Advisory Council Absences VI. Land Use Petitions A. Planned Unit Development Amendment PUDA PL2011-04 7 Sabal Bay PUD Sections 23,24,25,26 & 36, Township 50 South, Range 25 East Section 19, Township 50 South, Range 26 East VII. New Business (Item VILA. to be heard prior to Item VLA.) A. Elect Chair and Vice-Chair (per Code this is done every October) B. Discuss July 2012 meeting date VIII. Old Business A. Update members on projects IX. Council Member Comments X. Staff Comments (Item XA. to be heard prior to Item VLA.) A. Introduction of Jerry Kurtz, Stormwater and Environmental Planning Manager XI. Public Comments XII. Adjournment ******************************************************************* Council Members: Please notify Summer Araaue. Senior Environmental Specialist no later than 5:00 p.m. on October 27. 2011 if vou cannot attend this meetina or if vou have a conflict and will abstain from votina on a petition (252-6290). 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. Item V. A. ENVIRONMENTAL ADVISORY COUNCIL STAFF REPORT MEETING OF NOVEMBER 2. 2011 I. NAME OF PETITIONERlPROJECT Petition No.: Planned Unit Development Amendment PUDA PL2011-047 Sabal Bay MPUD CDC Land Investments & Collier Land Development, Inc Wilson Miller Stantec Passarella and Associates, Inc. Petition Name: Applicant/Owner: Engineering Consultant: Environmental Consultant: II. LOCATION The subject property is located on the south side of Thomasson Drive, south and west of Tamiami Trail East (US-41), north and west of the Wentworth Estates POO, and generally east of Naples Bay within Sections 23, 24, 25, 26 and 36, Township 50 South, Range 25 East and Section 19, Township 50 South, Range 26 East Collier County, Florida. III. DESCRIPTION OF SURROUNDING PROPERTIES ZONING DESCRIPTION N - RMF-3, RMF-6-BMUD-R-l and PUD Thomasson Drive, then several developed residential subdivisions, including Pine- view Villas, Avalon Estates, Replat and Avalon Estates Unit 1. Hallendale; the East Naples Community Park PUD, the Botanical Gardens PUD and the Hamilton Harbor PUD S - Rural Agriculture and PUD Wetlands (within Sections 35 and 36), and Wentworth Estates POO (within Section 30), being developed as Treviso Bay EAC Meeting Page 2 of 11 E - RSF-3 and RMF-12 and 16 C-4 and PUD W - PUD and RMF -6 and RSF-4 IV. PROJECT DESCRIPTION US 41 (Tamiami Trail East), then a golf course and various developed single- and multi-family residential uses, zoned RSF-3 and RMF-12 and 16, which are interspersed within the golf course, all of which are part of the Lely Golf Estates development; there are also several C-4 and PUD zoned developed commercial tracts fronting US 41 Lands within the City of Naples, Hamilton Harbor PUD, Botanical Gardens POO and the East Naples Community Park POO; and various RMF -6, RSF -4 zoned residential developments that front Bayshore Drive The project was originally approved in 1986 and the most recent amendment to the project was approved in 2005. The project is approved for the maximum development of up to 1,999 residential dwelling units, 200,000 square feet of retail, 60,000 square feet of office, and 250 hotel rooms. Summary of the proposed changes are as follows: Environmentally related change: . Adding two interconnections through preserve areas, while increasing the preserves by 46 acres Overall changes: . The elimination of the golf course . The addition of 2 access points - one on US 41 lining up with St. Andrews Boulevard and one at Hamilton Avenue · Revision to the allowed height of potential continuing care retirement uses from 3 stories to 80 feet in the residential areas; and also allowing a floor area ratio of 0.6 for this use · Inclusion of car washes and post office as an allowed use in the recreation/village center area . Inclusion of outside storage areas (excluding boats) and telecommunications facilities as allowed uses · Changes to some of the conditions of approval EAC Meeting Page 3 of 11 V. GROWTH MANAGEMENT PLAN CONSISTENCY A. Future Land Use Element: FLUE Objective 7 encourages the use of smart growth principles. The applicant has addressed several of these within the MPUD, including a diversity of housing types, provision of open spaces, pedestrian and bicycle paths, and interconnections. Based on the above analysis, Comprehensive Planning staff concludes that the proposed modifications to the MPUD may be deemed consistent with the Future Land Use Element of the Growth Management Plan. B. Conservation & Coastal Manal!ement Element Objective 2.2 All canals, rivers, and flow ways discharging into estuaries shall meet applicable Federal, State, or local water quality standards. Policy 2.2.2 In order to limit the specific and cumulative impacts of storm water run-off, storm water systems should be designed in such a way that discharged water does not degrade receiving waters and an attempt should be made to enhance the timing, quantity, and quality of fresh water to the estuarine system. Non-structural methods such as discharge and storage in wetlands are encouraged 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 lakes and interconnected wetlands to provide water quality retention and peak flow attenuation during storm events. Objective 6.1 The County shall protect native vegetative communities through the application of minimum preservation requirements. The following policies provide criteria to make this objective measureable. These policies shall apply to all of Collier County except for the portion of the County which is identified on the Countywide Future Land use Map (pLUM) as Rural Lands Stewardship Overlay. Policy 6.1.1 For the County's Urban Designated Area, Estates Designated Area, Conservation Designated Area, and Agricultural/Rural Mixed Use District, Rural-Industrial District and Rural-Settlement Area District as designated on the FLUM, native vegetation shall be preserved through the application of the following preservation and vegetation retention standards and criteria, unless the development occurs within the Area of Critical State Concern (ACSC) where the ACSC standards referenced in the Future Land Use Element shall apply. Notwithstanding the ACSC requirements, this policy shall apply to all non-agricultural development except for single-family dwelling units situated on individual parcels that are not located within a watershed management EAC Meeting Page 4 of 11 conservation area identified in a Watershed Management Plan developed pursuant to policies supporting Objective 2.1 of this Element. In accordance with Policy 6.1.1, 25 % of the existing native vegetation shall be retained on-site and set aside as preserve areas with conservation easements prohibiting further development. Pursuant to Policies 6.1.1 & 7.1.2, preserve areas have been selected based on their utilization by listed species. Preserve areas are interconnected to adjoining off-site preserves and represent the largest contiguous area possible. Objective 6.2 The County shall protect and conserve wetlands and the natural junctions of wetlands pursuant to the appropriate policies under Goal 6. The following policies provide criteria to make this objective measureable. The County's wetland protection policies and strategies shall be coordinated with the Watershed Management Plans as required by Objective 2.1 of this Element. Jurisdictional wetlands have been identified as required in Policies 6.2.1 and 6.2.2. Pursuant to Policy 6.2.4, the County shall require appropriate agency permits prior to the issuance of a final local development order permitting site improvements (Site Development Plan/Construction Plans). As stated in Policies 6.2.3 and 6.2.4, where permits issued by jurisdictional agencies allow for impacts to wetlands within the Urban Designated Area and require mitigation for such impacts, this shall be deemed to meet the objective of protection and conservation of wetlands and the natural functions of wetlands within this area. In accordance with Policy 6.2.6, required preservation areas are identified on the POO master plan. Uses within preserve areas shall not include any activity detrimental to drainage, flood control, water conservation, erosion control, or fish and wildlife conservation and preservation. Objective 7.1 The County shall direct incompatible land uses away from listed animal species and their habitats. The County relies on the listing process of State and Federal agencies to identify species that require special protection because of their endangered, threatened, or species of special concern status. Listed animal species are those species that the Florida Fish and Wildlife Conservation Commission has designated as endangered, threatened, or species of special concern, in accordance with Rules 68A-27.003, 68A- 27.004, and 68A-27.005, FAC and those species designated by various federal agencies as Endangered and Threatened species published in 50 CFR 17. Wildlife surveys and habitat management plans for listed species in accordance with Policy 7.1.2 have been provided. Pursuant to Policy 7.1.4, all development shall comply with applicable federal and state permitting requirements regarding listed species protection. EAC Meeting Page 5 of 11 VI. MAJOR ISSUES A. Stormwater Manaeement The Sabal Bay MPUD is located south of Thomasson Drive and west of Tamiami Trail in Collier County, Florida. The project is generally located within the Lely Main Canal Drainage basin. There are two existing drainage canals that serve existing developments upstream of the property that are either abutting the property or pass through the property. The Lely Main Canal passes through the property in a general northeast to southwest direction through the center of the property. The Lely Manor Canal is located along the southeastern property line. These existing canals will be maintained and convey off-site flows through and around the project in accordance with the Lely Area Stormwater Improvement Plan (LASIP). Within the project boundaries the existing drainage patterns are southwesterly into wetlands that sheet flow to Naples Bay. The proposed drainage patterns are through controlled discharge points into the Lely Main Canal, the Lely Manor Canal, and wetlands to the southwest for the far western portion of the project adjacent to the Hamilton Harbor development. The wet season water table elevations (control elevations) and dry season water table elevations as presented herein are subject to change and are based upon review of adjacent permits, extensive ground water data, and the permit for the LASIP. The water quality analysis modeling according to the Harper methodology is required for all projects of any consequence and will be performed as part of the permitting of this project through the SFWMD. It should also be noted that the overall system contains a series of Flow-through Marshes (FTM's) and Onsite Created Wetlands (OCW's) designed to provide water quality treatment and polishing prior to discharge into the off site conveyance system. Additional information on the proposed FTM's and OCW's can be reviewed as part of the Sabal Bay ERP. B. Environmental 1. Site Description The project site is approximately 2,416.49 acres in size and consists of a variety of upland and wetland habitat types. Non-native habitats on-site total approximately 266.04 acres and include an existing commercial shopping center at the southwest comer of the intersection of U.S. 41 and Thomasson Drive, open water bodies and agriculturallandlcleared land. Major native habitat types on the property include EAC Meeting Page 6 of 11 mangroves, pine flatwoods, and cypress/pine/cabbage palm. Also on-site are unique habitats described as scrubby pine flatwoods, xeric oak and live oak. 2. Wetlands The project contains approximately 1,470.55 acres of South Florida Water Management District (SFWMD) jurisdictional wetlands and approximately 95.85 acres of Other Surface Waters (OSW). The amount of wetlands onsite has been reduced by 24 acres since the 2005 PUD Amendment due to the LASIP on site. Wetlands on-site consist of both saltwater and fresh water systems, including mangrove swamp, cypress, wetland shrub, mixed wetland forest, hydric pine flatwoods, wax-myrtle/willow, cypress/pine/cabbage palm, mixed wetland hardwoods, willow, fresh and saltwater marsh, wet prairie, cabbage palm and saltern. Also on-site are open water systems and exotics dominated habitats. Construction of the project will result in wetland impacts to approximately 387.49 acres of on-site jurisdictional wetlands and approximately 1.3 acres of OSW. In addition, 72.51 acres have been impacted over the past five years due to the construction of the LASIP. The (SFWMD) wetland mitigation plan for the project preserves approximately 1,302 acres of native habitat on-site (61 % of the project site). Wetlands with greater than 50 percent coverage by exotic vegetation are generally located on the north and eastern portions of the property, with the level of exotic infestation generally decreasing towards the southwest portion of the property. Since the site plan was designed to avoid impacts to higher quality wetlands, development is generally located on the eastern portion of the property and along U.S. 41. As part of the plan, native upland buffers and preserves will be located adjacent to proposed wetland preserves. Proposed preserves connect to preserves off-site on adjoining projects and to Rookery Bay National Estuarine Research Reserve. Adjacent projects with preserves abutting the project site include the Naples Botanical Gardens PUD, Hamilton Harbor PUD, East Naples Community Park and Wentworth Estates PUD. Seasonal water elevations for preserved wetlands will be maintained by routing surface water flows from proposed development areas through stormwater management facilities into the wetland preserves. Treated stormwater will discharge into wetland preserves as far upstream as possible. Control elevations for the stormwater management system will be established based on elevations of biological indicators of wetland water levels. These design features will ensure that surface water levels within preserved wetlands are maintained and length of inundation improved. EAC Meeting Page 7 of 11 3. Preservation Reauirements The site plan was designed to preserve higher quality habitats on-site and to locate development in former agricultural land and in lower quality exotic infested habitats. Specifically, the site plan minimizes impacts to saltwater wetlands on- site. Preserves are also designed to protect as much of the higher quality scrub where feasible. In accordance with section 3.05.07 of the Land Development Code and Policy 6.1.1 of the Growth Management Plan, areas known to be utilized by listed species or that serve as corridors for the movement of wildlife through the site shall be given priority when selecting preserves. In total, the project site is approximately 2,416.49 acres in size, of which approximately 2,150.45 acres have been identified as native vegetation. The native vegetation on site was previously 2,238.07 acres, but has been reduced due to the Lely Area Stormwater Improvement Project (LASIP) improvements. In accordance with the LDC and GMP, 25% (.25 x 2,150.45 = 537.61 acres) of the existing native vegetation on-site is required to be retained. This requirement is satisfied by the 1302 acres of Preserves identified on the PUD master plan, which is an increase of 46 acres of Preserve. 4. Listed Species Listed wildlife species observed on the subject property include American alligator (Allig.ator mississippienis), gopher tortoise (gopherus polyphemus), snowy egret (Egretta thula), white ibis (Endocumis albus) and bald eagle (Haliaeetus leucocephalus). In addition, five listed plant species, butterfly orchid (Encyclia tampensis), inflated wild pine (Tillandsia balbisiana), stiff leaved wild pine (Tillandsia fasciculata), giant wild pine (Tillandsia utriculata), and narrow strap fern (Campvloneurum angustifolium), were observed on the property. Gopher Tortoise Active gopher tortoise burrows have been observed on the project site in association with pine flatwoods, scrubby pine flatwoods and xeric oak habitats. The listed species survey previously done in 2004, was updated in 2008 and 2010. The survey identified a total of 713 gopher tortoise burrows (447 active & 264 inactive) within the project site. Accounting for survey coverage, the total number of active and inactive gopher tortoise burrows on the project site is estimated to be 804. The estimated tortoise population on the project site is calculated to be 327. As required by the FFWCC permit, the project will preserve 75.32 acres (increased by 7 acres) of suitable gopher tortoise habitat on-site. This includes the preservation of 78.8 acres of scrub habitat (46.75 acres scrubby pine flatwoods; 32 acres xeric oak). The gopher tortoise survey will be updated approximately 90 days prior to site development. If relocation is required, it will be conducted in accordance with the EAC Meeting Page 8 of 11 FFWCC permit. The FFWCC permit allows for up to 113 additional gopher tortoises to be relocated into the preserves. Tortoise densities within the preserves are expected to remain below the permit thresholds established by the FFWCC. The gopher tortoise preserves are being managed by hand removal of exotic vegetation and controlled burning. The last prescribed burns were conducted in March and July of 2007 and February and March 2010. The last exotic vegetation maintenance was conducted in May 2011. Bald Eagle There are currently a total of five bald eagle nest sites within or near the Project that have been active within the last five years including CO-009A, CO-009B, CO-024A, CO-024B, and nest CO-028. Field observations for bald eagle (Haliaeetus leucocephalus) nests CO-009B and CO-024A were recorded at the nest sites from December 1, 2009 to January 26, 2010. Nesting season observations were conducted for the purpose of documenting nest activity, flight patterns, roost trees, and nesting success. Nest CO-009B was monitored four times from December 1,2009 to January 26, 2010. One adult bald eagle was observed in incubation posture when monitoring began on December 1, 2009. One adult bald eagle was observed in the nest in incubation posture during the December 21, 2009 monitoring event. During the January 12, 2010 monitoring, two adults and one chick (approximately two to three weeks old) were observed at the nest. The adults were observed brooding and feeding the chick and feeding themselves. During the January 26, 2010 monitoring, a large eaglet (approximately five weeks old) was observed feeding in the nest. Nest CO-024A was monitored four times from December 1,2009 to January 26, 2010. Courtship behavior (Le., copulation), incubation, and nest repair were observed at Nest CO-024A on December 1, 2009, the first day of monitoring. Two adult eagles were observed in incubation posture on December 21, 2009. Brooding and feeding of young was observed on January 12, 2010; however, it was not clear if there were one or two young. On January 26, 2010, one small chick (approximately three weeks old) was observed exercising its wings in Nest CO-024A. In accordance with the Bald Eagle Management Plan for Sabal Bay, no development (buildings, structures, utilities, lakes, roads) shall occur within 330 feet of an active bald eagle nest. No single or multifamily residences shall be constructed closer than 660 feet from a bald eagle nest. The project may include surface water management areas, lakes, detention areas, utilities, trails, and other features consistent with the Management Guidelines within 660 feet of a bald eagle nest. Please refer to the BEMP (p. E5-9 & 10 of Preserve Area and Listed Species Management Plan) for further details. EAC Meeting Page 9 of 11 Red Cockaded Woodpecker One abandoned red-cockaded woodpecker (RCW) cavity tree was observed in pine flatwoods habitat in the central portion of the property. A 14 day nesting season survey and a 14 day non-nesting season survey for RCWs were conducted on the property from April 20 through May 3, 2004 and October 15 through 28, 2004, respectively. No RCWs were observed or heard on the property. American Alligator American alligators were observed in open water habitats on the property. Four potential American alligator nests were observed on the southern most portion of the project site in association with mangroves and mixed wetland forest. Little Blue Heron, Snowy Egret, Tri-Colored Heron, Wood Stork, and White Ibis Little blue heron, snowy egret, tri-colored heron, wood stork, and white ibis were observed foraging on the Project site in association with Drainage Canal (FLUCFCS Code 514). No nesting sites for these species were observed. The Florida Atlas of Breeding Sites for Herons and Their Allies list no bird rookeries on the subject parcel. The nearest recorded bird rookery site is No. 620022 located along the east side of Collier Boulevard in Rookery Bay, approximately three miles away in Section 9, Township 52 South, Range 26 East. VII. COUNTY ATTORNEY OFFICE REVIEW: The County Attorney Office has reviewed the staff report for Planned Unit Development Amendment PUDA PL2011-047 Sabal Bay PUD on October 17, 2011. VIII. RECOMMENDATIONS Staff recommends approval of Planned Unit Development Amendment POOA PL2011-047 "Sabal Bay PUD." EAC Meeting Page 10 of 11 PREPARED BY: !iftJ ,/SU ER ARA OE SENIOR ENVIRONMENTAL S ECIALIST LAND DEVELOPMENT SERVICES DEPARTMENT STORMWATER ANp ENVIRONMENTAL PLANNING SECTION ~--,,~ - - JA MCKENNA, P .E. E GINEERING REVIEW MANAGER LAND DEVELOPMENT SERVICES DEPARTMENT ENGINEERING REVIEW SERVICES SECTION /It ~.~.. h- /i KAY SELEM, AICP /I PRINCIPAL PLANNER LAND DEVELOPMENT SERVICES DEPARTMENT ZONING SERVICES SECTION 10-1 [-2011 DATE /e~ ell! DATE /O-{Q3-lf DATE EAC Meeting Page 11 of 11 REVIEWED BY: IC::/IE01 , JERRY KURTZ, P.E. DATE LAND DEVELOPMENT SERVICES DEPARTMENT MANAGER, STORMW ATER AND ENVIRONMENTAL PLANNING SECTION ~ ,,' '\ , ILLIAMD. L . NZ, ., . . DIRECTOR LAND DEVELOPMENT SERVICES DEPARTMENT 10- i B 2011 DATE APPROVED BY: ~h/ ;;;~~ NI CASALANGUIDA " \C)~<\\\ \ DA ,E \ DEPUTY ADMINISTRATOR GROWTH MANAGEMENT DIVISION-PLANNING AND REGULATION