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EAC Agenda 02/01/2012AGENDA COLLIER COUNTY ENVIRONMENTAL ADVISORY COUNCIL WILL MEET AT 9:00 A.M., WEDNESDAY, FEBRUARY 1, 2012, 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 December 7, 2011 meeting minutes (January 2012 EAC meeting was canceled) V. Upcoming Environmental Advisory Council Absences VI. Land Use Petitions A. Cultural Arts Village at Bayshore (PUDZ -PL- 2010 -592) Section 14, Township 50 South, Range 25 East VII. Old Business A. Watershed Management Plan Update — Mac Hatcher B. Update members on projects VIII. New Business A. LDC Amendments — Review by EAC IX. Council Member Comments X. Staff Comments XI. Public Comments XII. Adjournment Council Members: Please notify Summer Arapue, Senior Environmental Specialist no later than 5:00 mm. on January 26, 2012 if you cannot attend this meeting or if you have a conflict and will abstain from voting 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. Memorandum To: Environmental Advisory Council From: Mac Hatcher, Senior Environmental Specialist Date: January 24, 2012 Subject: Watershed Management Plan Implementation Strategy Implementation of the Watershed Management Plan (WMP) initiatives will be accomplished with existing staff and budget. I have listed the proposed tasks with milestone dates for this fiscal year below with a few tasks extending into next year. The remaining initiatives will be worked into the schedule as time allows and most will not be initiated this year. Work products will be posted on the WMP webpage for comment and bolded tasks will be brought to EAC for comment. A fiscal year summary of progress and revised implementation schedule will be presented at the October 2012 meeting. The Floodplain Management Planning Committee will also be commenting on the implementation strategy. Watershed Management Plan Implementation Strategy Project/ Initiative Program Element Date Proposed Projects Prioritize for Partnering and or Grants &Bus .PIn. Feb 2012 Select Example Project for Development Mar 2012 Establish Project Implementation Outline Mar 2012 Project Implementation Sheets (Grant Ready) June 2012 Project Implementation Sheets for other projects LID Incentive Program Compilation of existing Manuals Feb 2012 LID BMP Selection for Collier Apr 2012 Evaluation of Incentives Aug 2012 Valuation of Incentive Apr 2013 Develop standards for LID BMPs Sept 2013 -nk, Growth Management Division - Planning & Regulation - 2800 North Horseshoe Drive • Naples, Florida 34104.239- 252 -2400 • www.colliergov.net Stormwater BMP Upgrades Identify 3 best BMPs Coordinate with Partners on Projects & Sched Target TMDL Basins (GRE, Lk Trf) Design, coordinate and Construct Target Projects Repeat in other priority Basins Evaluate Fee Based Utility Flood Protection Ordinances Flood Protection LOS Standard Evaluate NGGE TDR Program Evaluate NGGE Mitigation Bank Operation & Design for Structures Identify utilities in other SW Fl Counties Feasibility of Incentive Structure Develop Ordinance to adopt Discharge Rates Ordinance to Require Floodplain evaluation Ordinance to require volume control Evaluation of Proposed Storm Event Impacts Develop Alternative LOS Policy Form Ad Hoc Committee Vette TDR alternatives Form Ad Hoc Committee Vette TDR alternatives Evaluation as Basin and Structure Needs Refinement of Water Quality Monitoring Alterations to meet new NNC criteria Meet with partners to ensure coverage Apr 2012 July 2012 Aug 2012 Sept 2013 Sept 2014 Oct 2012 May 2012 Mar 2012 May 2013 Mar 2012 May 2013 Miscellaneous Projects Re- evaluation of RF Neutral preservation Work with SFWMD on temporary ag water storage Produce Figure for Resource Protective Lands Mar 2012 Stormwater Treatment certification Develop inspection / certification program Provide guidance / education on operation Florida Friendly Fertilizer Notification of businesses Jan 2012 Implement public education program Jan 2012 Enforcement strategy Growth Management Division Office of Land Development - Stormwater and Environmental Planning Section Item VI ENVIRONMENTAL ADVISORY COUNCIL STAFF REPORT MEETING OF FEBRUARY Is', 2012 NAME OF PETITIONER/PROJECT Petition No: PUDZ -PL- 2010 -592 Petition Name: Cultural Arts Village at Bayshore Applicant/Developer: Bayshore Gateway Triangle Community Redevelopment Agency Engineering Consultant: Banks Engineering Environmental Consultant: Dexbender & Associates, Inc. II. LOCATION The subject PUD (Planned Unit Development) is located within the Bayshore Drive Mixed Use Overlay District at 4265 and 4315 Bayshore Drive in Section 14, Township 50 South, Range 25 East, Collier County, Florida. I I [.DESCRIPTION OF SURROUNDING PROPERTIES Zoning N- C- 2- BMUD -NC (Commercial Convenience District, Bayshore Mixed Use District — Neighborhood Commercial Subdistrict) and MH- BMUD-R3 (Mobile Home District Bayshore Mixed Use District — Residential Subdistrict 3) S_ C- 4- BMUD- NC(General Commercial District, Bayshore Mixed Use District — Neighborhood Commercial Subdistrict) and VR- BMUD -R3 (Village Residential District, Bayshore Mixed Use District — Residential Subdistrict 3) Description developed with a commercial building, then a mobile home subdivision and lake Jeepers Drive, then a fire station and then single - family homes EAC Meeting Page 2 of 8 E - Lake Avalon PUD W- MH- BMUD -R3 (Mobile Home District, Bayshore Mixed Use District — Residential Subdistrict 3) and RMF -6- BMUD -R3 (Residential Multi- family District 6, Bayshore Mixed Use District — Residential Subdistrict 3) W. PROJECT DESCRIPTION Sugden Park Bayshore Drive, Moorehead Manor mobile home park, vacant land and Windstar PUD Entrance The Cultural Arts Village at Bayshore MPUD Ordinance proposes a maximum of 40 residential units, 48,575 square feet of commercial uses (including retail, office and medical office) and a 350 fixed seat performance theatre and ancillary uses. The subject site is currently undeveloped and approximately half of it is a lake. Along the western edge of the site is a 25 -foot wide Florida Power and Light (FPL) easement. There is a 30 -foot drainage and utility easement and then another 10 -foot drainage easement along the east property line. Directly east of and adjacent to the FPL easement is a 20 -foot wide City of Naples easement. Along a portion of the northern edge of the site is a 35 -foot wide ingress /egress easement. The subject site is surrounded to the north, east and south by mostly mobile homes. To the east of the site is Sugden Park. Adjacent to the northwest corner of the site is a commercial property, across the street from the southwest corner of the site is a fire station. The subject site consists of Tracts A through G. Tract B is a preserve tract. For all of the other tracts, an interim use of community events such as festivals are proposed in addition to the principal uses proposed. Deviations are being sought to provide portions of perimeter landscape buffers along the north, east and south property lines. These buffers will be 10 feet wide. Along the west property line, Bayshore Drive, the streetscape and landscape standards will apply. The Conceptual Master Site Plan depicts limits of development (Tract A, C and D), a Preserve (Tract B), a Lake and Island (Tract E) and a Lake (Tract F and G). EAC Meeting Paje 3 of 8 Tract A proposes 40 residential units; 35,000 square feet of commercial uses; Tract B proposes 1.18 acres of preserve; Tract C proposes 11,000 square feet of commercial /community building; Tract D proposes a community pavillion, recreation, community or public use, pedestrian accessway/boardwalk, Tract E proposes recreation, community or public use, pedestrian accessway/boardwalk; Tract F proposes recreation, community or public use, and open space; and Tract F proposes recreation, community or public use, and open space. The site will be accessed by two ingress /egress points from Bayshore Drive and one ingress /egress point from Jeepers Drive. V. GROWTH MANAGEMENT PLAN CONSISTENCY A. Future Land Use Element The subject property is located within the Urban designated area (Urban Mixed - Use District, Urban Coastal Fringe Subdistrict), within the Bayshore /Gateway Triangle Redevelopment Overlay (B /GTRO), and is in the Coastal High Hazard Area, all as identified on the Future Land Use Map of the Growth Management Plan. Based upon comprehensive planning review staff analysis, the proposed planned unit development rezone may be deemed consistent with the FLUE. B. Conservation & Coastal Management 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 policy 6.1 and 6.2 regarding the selection of preserves. The property site contains 17.8 acres of which 2.20 acres is considered native vegetation. The proposed native vegetation preserve of 0.55 acres fulfills the minimum requirement of 0.55 acres or 25% of the existing native vegetation on site. A conservation easement dedicated to Collier County shall be placed over the preserve. EAC Meeting Page 4 of 8 As required by policy 6.2.1, a wetland jurisdictional determination will be conducted by the South Florida Water Management District (SFWMD) during the first development order. As required by Policy 6.1.4, prohibited exotic vegetation shall be removed from the site and maintained in perpetuity. As required by Policy 7.1.2, a listed species survey was conducted on theproperty and is contained in the EIS. VI. MAJOR ISSUES A. Stormwater Management This project is on a site which was previously used for earth mining activities and so is to a great extent covered by existing lake or wetland areas. These lakes connect to a ditch on the East which runs from Thomasson Drive to the South and flows North connecting to Halderman Creek which then flows into Naples Bay. The existing lakes receive discharge from the Bayshore Drive drainage system which also includes stormwater runoff from some properties west of Bayshore Drive. The existing lakes must maintain the existing pass through capacity and elevation during and after completion of any development on the site. When this site develops it will be required to meet all stormwater quality and quantity requirements including the additional 50% as required by Ordinance 08 -10 as well as an additional half inch pre- treatment for any commercial areas. Discharge for the basin is limited to 0.15 CFS /acre. At this point the details of the stormwater management design, including a detailed lake maintenance management plan, have not been provided but will be needed for the subsequent development order(s). B. Environmental 1. Site Description The entire site has been significantly disturbed. Based on historic aerial photography the site was cleared and the borrow pits were excavated between 1952 and 1962. Secondary vegetative growth descriptions of both native and exotic vegetation on site are shown on the FLUCFCS map contained within the EIS (Exhibit B). EAC Meeting Page 5 of 8 2. Wetlands and Preservation Requirements There are approximately 2.6 acres of South Florida Water Management District (SFWMD) wetlands on site. There are a total of 0.16 acres of proposed wetland impacts (EIS Table 5). The remaining 2.44 acres of wetlands are proposed to remain and 0.55 acres of those remaining wetlands will be placed under Collier County preservation. The proposed county wetland preserve area is mainly a freshwater marsh dominated by leather fern with approximately 10- 25% of mixed exotic vegetation (Melaleuca and Brazillian Pepper) as well. 3. Listed Species A listed species survey for this project was first conducted during July of 2009 (EIS Exhibit H). During that survey, two listed wading bird species were observed on site, the little blue heron and the tricolored heron. Both species are listed as Species of Special Concern by FWC (Florida Fish and Wildlife Conservation Commission) and not listed by the USFWS (U.S. Fish and Wildlife Service). The blue herons were found in Melaleuca and willow trees within the freshwater marsh area. The tricolored herons were observed in the mixed wetland hardwoods. At that time no active stick nests were observed but eight inactive stick nests were observed in the Melaleuca in the freshwater marsh. An additional updated wading bird survey was conducted during May of 2011 (EIS Exhibit I). A total of 23 wading bird nests were observed during the survey. Of those 23 nests, 14 were unoccupied (species utilizing them could not be determined). The remaining nests were six active Anhinga nests and three active little blue heron nests. little blue heron chicks were not observed in the nests but were observed in the southwest corner of the cattail marsh. FWC was contacted by the applicant's environmental consultant to obtain their technical assistance. The technical assistance provided by FWC is shown in Exhibit I of the EIS. FWC staff stated that no permits or buffers were required to remove any inactive nests found onsite. Additionally, FWC stated that to avoid having to obtain permits to remove active nests, the applicant may wait for the chicks to fledge and then the nests may be removed without a permit. The applicant has chosen to draft a Wading Bird Habitat Management Plan ( WBHMP) (EIS Exhibit J) which will result in no taking of any of the active wading bird nests. The goal of the WBHMP is to improve existing habitat and relocate potential wading bird nesting habitat to areas more compatible with the proposed development. EAC Meeting Page 6 of 8 The development is proposed to be located to the west of the wading bird habitat. The plan proposes to treat exotic vegetation in place with an EPA approved herbicide in the western portion of the project site. The exotic vegetation will be allowed to remairl in place for no less than three years at which time they may be physically cut dc)wn as long as no active nests are observed in those trees. There will also be physical removal conducted of the dense Brazillian Pepper trees (in general, unsuitable nesting trees) that dominate the spoil island to the east. Then to enhance that eastern portion, the shoreline will be planted with pond apple and willow trees to encourage wading birds to nest in the those areas. In summary, this management plan will slowly "phase" out the exotic vegetation currently being used closer to the proposed development footprint while not disturbing or altering nesting activity. At the same time it should provide equal or more suitable nesting habitat to the east. VII. RECOMMENDATIONS Staff recommends approval of PUDZ -PL- 2010 -592 with no stipulations. EAC Meeting Page 7 of 8 PREPARED BY: CHRIS D'ARCO DATE ENVIRONMENTAL SPECIALIST LAND DEVELOPMENT SERVICES DEPARTMENT STORMWATER AND ENVIRONMENTAL PLANNING SECTION t,= CK MCKENNA, P.E. DATE NGINEERING REVIEW MANAGER LAND DEVELOPMENT SERVICES DEPARTMENT ENGINEERING REVIEW SERVICES SECTION IL�t .. I'll w,4ir NANCY GYNDL H, AICP DATE PRINCIPA"LA14NER LAND DEVELOPMENT SERVICES DEPARTMENT ZONING SERVICES SECTION EAC Meeting Page 8 of 8 REVIEWED BY: Aa ' %z 1 �2-�112- JERRY KURTZ, P.E. DATE LAND DEVELOPMENT SERVICES DEPARTMENT MANAGER, STORMWATER AND ENVIRONMENTAL PLANNING SECTION DIRECTOR LAND DEVELOPMENT SERVICES DEPARTMENT STEVEN T. WILLIAMS ASSISTANT COUNTY ATTORNEY OFFICE OF THE COLLIER COUNTY ATTORNEY APPROVED BY: C> DATE 126 DATE l 4S-- I L DATE DEPUTY ADMINISTRATOR GROWTH MANAGEMENT DIVISION - PLANNING AND REGULATION