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EAC Agenda 06/02/1999 r•••, COLLIER COUNTY ENVIRONMENTAL ADVISORY COUNCIL AGENDA June 2, 1999; 9 A.M. COMMISSION BOARDROOM,THIRD FLOOR—ADMINISTRATION BUILDING I. ROLL CALL II. APPROVAL OF AGENDA AND MAY 5, 1999 EAC MEETING MINUTES III. PRESENTATION BY THE COUNTY ATTORNEY'S OFFICE A. Sunshine Law discussion B. Ethics Law discussion IV. CONSENT/ADMINISTRATIVE APPROVAL AGENDA All matters listed under this item are considered to be routine and action will be taken by one motion without separate discussion of each item. If discussion is desired by a member of the Council,that item(s)will be removed from the Consent Agenda and considered separately. V. LAND USE PETITIONS AGENDA A. Planned Unit Development No. PUD-99-1 "Malibu Lake PUD" Section 30,Township 48 South,Range 26 East B. Conditional Use Petition No. CU-99-05 "San Marco Mission" Section 2, Township 51 South, Range 26 East C. Planned Unit Development No. PUD-98-20 "Whipporwill Lakes PUD" Section 18, Township 49 South, Range 26 East VI. OLD BUSINESS VII. NEW BUSINESS A. Growth Management Plan sub-committee report. 1. Discussion of Courts submittal to DCA on non-compliance issues. 2. DCA draft remedial recommendations to Cabinet Aides. B. Proposed amendments to the Weed, Litter and Exotic Ordinance. VIII. COUNCIL MEMBER COMMENTS XI. PUBLIC COMMENTS XII. ADJOURNMENT *************************************************************************** NOTES: A. [Council Members]: Notify the PLANNING SERVICES DEPARTMENT (403-2400)no later than 5 P.M. on May 27th, 1999 if you cannot attend this meeting or if you have conflict and thus will abstain from voting on a particular petition. B. [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 insure that a verbatim record of the proceedings is made,which record includes the testimony and evidence upon which the appeal is to be based. *************************************************************************** 2 Item V.A. ENVIRONMENTAL ADVISORY COUNCIL STAFF REPORT MEETING OF JUNE 2. 1999 I. NAME OF PETITIONER/PROJECT: Petition No.: Planned Unit Development Petition No. PUD-99-1 Petition Name: Malibu Lakes PUD Applicant/Developer: Daniel R. Monaco, Trustee and Michael E.Nortman, Manager of the Prime Group, Inc. /Agent-William Hoover, AICP, Hoover Planning Engineering Consultant: Q. Grady Minor and Associates,P.A. Environmental Consultant: Marco Espinar, Collier Environmental Consultants, Inc. II. LOCATION: The subject property is an undeveloped 150 acre site located south of Immokalee Road, adjacent to and east of Interstate 75 right-of way in Section 30, Township 48 South,Range 26 East, Collier County,Florida. III. DESCRIPTION OF SURROUNDING PROPERTIES: Surrounding properties are partially developed with the following zoning classifications. ZONING DESCRIPTION N - Northbrooke Plaza PUD Commercial/ undeveloped S - Agricultural Vacant land E - Canal ROW, Estates and Canal,Estates single Conditional Use family homes, and Church W- I-75 ROW and Agricultural Interstate-75,vacant land IV. PROJECT DESCRIPTION: The subject property is proposed for 8.6 acres of commercially zoned land along Immokalee Road and 142 acres of residentially zoned land to the south. A mix of single family and multifamily tracts will surround one large lake, several smaller lakes and the appropriate amount of preservation areas. Access to the site is proposed off Immokalee Road,20th Avenue NW and 181 Avenue NW. Plan of Record: Water Management: Malibu Lake PUD document, prepared by William L. Hoover, AICP, Hoover Planning and Q. Grady Minor and Associates, Inc., dated December 28, 1998; revised March 2,1999. Malibu Lake Conceptual Water Management Plan by Q. Grady Minor & Assoc., Dated. Feb 1999 Environmental: Environmental Impact Statement for Malibu Lakes PUD, prepared by Marco Espinar, Collier Consultants, Inc., dated May 1999. Red-Cockaded Woodpecker Foraging Survey for Malibu and Zurich Lakes PUD's, prepared by Marco Espinar, Collier Consultants, Inc., submitted March 16, 1999. Malibu Lake PUD document, prepared by William L. Hoover, MCP, Hoover Planning and Q. Grady Minor and Associates, Inc., dated December 28, 1998; revised March 2,1999. V. STAFF COMMENTS: Water Management: The Project utilizes a standard design employing a series of interconnected lakes to provide water quality retention and peak flow attenuation prior to discharge into a wetland preserve that sheetflows into the D-2 (I-75) Canal. Since the total area is in excess of 40 acres, the project falls under the jurisdiction of the SFWMD,who will issue the Surface Water Management Permit. Environmental: The subject property is approximately 150 acres to be developed as a mix of commercial and residential uses. The site consists of 22.4 acres of wetlands, a 15 acre borrow pit and 112.6 acres of uplands. A 4.5 acre Willow head exists on site and will be set aside in a preservation area. The remaining wetland consists of Slash pine-Cypress-Cabbage palm community. The dominant upland forest types on site include Slash pine/palmetto and Slash pine/Cabbage palm, Cypress. A thorough plant list is given for each community as a part of the EIS. Thirty- three acres (25%of the existing native vegetation on site) are being preserved in accordance with the native vegetation preservation requirement. The only listed species observed on site by the petitioner were Gopher tortoise (Gopherus polyphemus). Several active burrow was found on the property. All required steps will be taken to protect the tortoises during the permitting process. Big cypress Fox Squirrels (Sciurus niger avicennia) are known to occur in the project area but were not observed during the recent survey. Red-cockaded woodpeckers(Picoides borealis)may have used the site historically,but were not observed throughout the recently completed foraging survey. Two inactive cavity trees were identified on site,which prompted an extensive 80 hour Red-cockaded woodpecker Fall and Spring survey. The site contains four types of soils. Holopaw FS and Pineda FS are both hydric soils and Hallandale FS and Boca FS are non-hydic. A description of each can be found in attachment 4 of the EIS. A review of the Historical/Archaeological Probability Maps for Collier County indicate no archaeological or historical sites located within the project area. A letter from the Florida Department of State,Division of Historical Resources is included in the EIS. VI. RECOMMENDATIONS: Staff recommends approval of Planned Unit Development Petition No. PUD-99-1, Malibu Lakes,with the following stipulations: Water Management: 1. A copy of the SFWMD Surface Water Permit application shall be sent to Collier County Development Services with the SDP submittal. 2. A copy of the SFWMD Surface Water Permit shall be submitted prior to Final SDP approval. 3. Lake setbacks from the PUD perimeter can be reduced to 25 feet where a 6 ft. high fence or suitably substantial barrier is erected. Environmental: No environmental stipulations. PREPARED BY: er • STAN CHRZANOWSKI, P.E. DATE SENIOR ENGINEER diA--hata— V1. 61— BARBARA S. BURGES DATE SENIOR ENVIRONMENTAL SPECIALIST REVIEWED BY: 4Am/ THOMAS E. KUCK, P.E. DATE ENGINEERING REVIEW MANAGER aAL/, 4-3— • [CI' DONALD F. NINO, AICP DATE CURRENT PLANNING MANAGER SL/gdhlc: StaffReport Item V.B. ENVIRONMENTAL ADVISORY COUNCIL STAFF REPORT MEETING OF JUNE 2,1999 NAME OF PETITIONER/PROJECT: Petition No.: Conditional Use Petition No.CU-99-05 Petition Name: San Marco Mission Applicant/Developer: Diocese of Venice Engineering Consultant: Spectrum Engineering,Inc. Environmental Consultant: Boylan Environmental Consultants,Inc. II. LOCATION: The subject property is an undeveloped 25 acre parcel located in the southeast corner of the intersection of U.S.41 and Henderson Drive in Section 2, Township 51 South, Range 26 East, Collier County,Florida. III. DESCRIPTION OF SURROUNDING PROPERTIES: Surrounding properties are partially developed with the following zoning classifications. ZONING DESCRIPTION N- R.O.W. U.S.41 S- RSF-3 Undeveloped E- Agricultural Undeveloped W- C-5 Partially Developed 1'1'RVC Developed MH Developed IV. PROJECT DESCRIPTION: The project site is proposed to be developed as a place of worship with a parish hall of 1000 seats to be constructed as the first phase. A 1400 seat main church would be constructed at a future date. An office building, educational facilities with daycare, columbarium/memorial, and a residence for priests are planned for future phases. The site will be developed according to Collier County and South Florida Water Management District (SFWMD) requirements for design of surface water management systems. The natural drainage patterns will be incorporated into the system. Specific drainage plans will be developed during ERP permitting with the SFWMD. It is anticipated all run-off from the development area will be collected and directed through a dry-pretreatment area designed to meet OSF waters criteria before entering the lake provided for peak attenuation and water quantity design criteria.A control structure will be located on the south bank of the lake.After discharge through the control EAC Meeting June 2, 1999 CU-99-05 "San Marco Mission" Page 2 structure, the water will be returned to its pre-development sheet flow pattern. The flow will continue to pass through the preserved wetlands as it does now. Plan of Record: Environmental: San Marcos Mission Environmental Impact Statement prepared by Boylan Environmental Consultants,Inc.,dated March 30, 1999,revised May 7, 1999. Diocese San Marco Protected Species Survey prepared by Boylan Environmental Consultants, Inc.,dated March 2, 1999,revised May 4, 1999. V. STAFF COMMENTS: Water Management: The surface water management for this project will be reviewed by the South Florida Water Management District and therefore is exempt from review by the Environmental Advisory Council(5.13.6 CCLDC). Environmental: The subject property contains approximately 10.94 acres of pine flatwoods and approximately 14.08 acres of pine-cypress-cabbage palm.Wetland jurisdictional limits are identical for the South n Florida Water Management District (SFWMD) and the U.S. Army Corps of Engineers (ACOE) and consist of 14.08 areas of pine-cypress-cabbage palm. Approximately 2.90 acres of wetlands on site will be filled and 1.00 acres will be excavated during construction of the project. The remaining 10.18 acres (72 percent) of wetlands will be preserved and enhanced through removal of exotic vegetation and placed under a conservation easement with the South Florida Water Management District. Elevations on site range from 3.8 ft. at the south end of the property to 5.3 ft. near U.S.41. The wet season water table was determined to be approximately 4.8 ft.NGVD based upon water lines on trees in the deepest portion of the wetland located in the south-central portion of the site.Water lines were marked and surveyed by a registered land surveyor. Three soil types occur on the subject property: Malabar fme sand (3); Boca, Riviera, limestone substratum and Copeland fme sand, depressional(25); and Holopaw fme sand(27).All soil types found on site are considered hydric by the Natural Resources Conservation Service. A plant and animal species survey was conducted in accordance to Florida Game and Fresh Water Fish Commission (FGFWFC) guidelines on February 1 and April 21, 1999. Overlapping belt transects approximately 10 to 50 feet apart were walked, depending on the density of the vegetation cover. In addition, periodic "stop-look-listen" and quiet stalking methods were conducted for animals. Listed species surveyed for are listed in table 1 on page four of the protected species survey. No protected species were observed during the survey,however,one nest-like structure situated in a Melaleuca tree was identified. This may be a day bed or nest for fox squirrels (Sciurus niger avicennia). Big Cypress fox squirrels are listed as threatened by the FGFWFC. A few eaten pine cones were also noted during the field investigation. See attached exhibit in the protected species 2 EAC Meeting June 2, 1999 CU-99-05 "San Marco Mission" Page 3 survey for the location of the potential nest and eaten pine cones. A gray squirrel was also observed on the second day of the survey. The southern end of the subject property is located in an area of historical/archaeological probability as shown on the official Historical/Archaeological Probability Map for Collier County. The petitioner has requested a waiver of an historical and archaeological survey and assessment as provided for in 2.2.25.3.10 CCLDC. VI. RECOMMENDATIONS: Staff recommends approval of Conditional Use Petition No. CU-99-05 "San Marco Mission"with the following stipulations: Environmental: 1. Environmental permitting shall be in accordance with the state of Florida Environmental Resource Permit Rules and be subject to review and approval by Current Planning Environmental Staff.Removal of exotic vegetation shall not be counted towards mitigation for impacts to Collier County jurisdictional wetlands. 2. Buffers shall be provided around wetlands, extending at least fifteen (15) feet landward from the edge of wetland preserves in all places and averaging twenty-five (25) feet from the landward edge of wetlands. Where natural buffers are not possible, structual buffers shall be provided in accordance with the state of Florida Environmental Resource Permit Rules and be subject to review and approval by Current Planning Environmental Staff. 3. An appropriate portion of native vegetation shall be retained on site as required in section 3.9.5.5.4 of the Collier County Land Development Code. 4. An exotic vegetation removal,monitoring, and maintenance (exotic free)plan for the site, with emphasis on areas of retained native vegetation, shall be submitted to Current Planning Environmental Staff for review and approval prior to fmal site plan/construction plan approval.This plan shall include the methods and time schedule for removal of exotic vegetation within areas of retained native vegetation. 5. Petitioner shall comply with the guidelines and recommendations of the U.S. Fish and Wildlife Service (USFWS) and Florida Game and Fresh Water Fish Commission (FGFWFC) regarding potential impacts to protected wildlife species. Where protected species are observed on site, a Habitat Management Plan for those protected species shall be submitted to Current Planning Environmental Staff for review and approval prior to fmal site plan/construction plan approval. 3 EAC Meeting June 2, 1999 CU-99-05 "San Marco Mission" Page 4 PREPARED BY: s/�/99 STEP EN LENBERGER DATE ENVIRONMENTAL SPECIALIST II REVjEWED BY: RO ALD F.NINO,AICP DATE CURRENT PLANNING MANAGER SL/h:/EACStaffReports n 4 • Item V.C. ENVIRONMENTAL ADVISORY COUNCIL STAFF REPORT MEETING OF JUNE 2,1999 NAME OF PETITIONER/PROJECT: Petition No.: Planned Unit Development No.PUD-98-20 Petition Name: Whippoorwill Lakes PUD Applicant/Developer: Gulf Sun Corporation Engineering Consultant: Keene Engineering Environmental Consultant: Passarella and Associates,Inc. II. LOCATION: Whippoorwill Lakes PUD is an undeveloped 76.85 acre parcel located in the southwest quadrant of Pine Ridge Road and Interstate I-75 in Section 18, Township 49 South,Range 26 East, Collier County, Florida. The site is located approximately '/4 mile south of Pine Ridge Road and comprises the area north of Night Hawk Drive,between Whippoorwill Lane and I-75. III. DESCRIPTION OF SURROUNDING PROPERTIES: Surrounding properties are partially developed with the following zoning classifications. ZONING DESCRIPTION N- Agricultural(Seagate Baptist Church of Christ) Partially Developed PUD(Sutherland Center) Partially Developed S- R.O.W. Night Hawk Lane Agricultural Partially Developed E- R.O.W. Interstate I-75 W- R.O.W. Whippoorwill Lane RMF-6(Hospice) Developed Agricultural Partially Developed RSF-5(0.4) Undeveloped IV. PROJECT DESCRIPTION: Whippoorwill Lakes PUD is a proposed residential project with a maximum of 628 residential units, recreational facilities, water management lake and preserve area. The residential units are projected to be developed as garden apartments. Access to the site would be onto Whippoorwill Lane from Pine ridge Road. The water management system for the project proposes the construction of a perimeter berm with crest elevation set at or above the 25-year, 3-day peak flood stage. Water quality pretreatment is proposed in the on-site lake system prior to discharge to the wetland preserve. EAC Meeting .June 2, 1999 • PUD-98-20"Whippoorwill Lakes PUD" Page 2 Plan of Record: Environmental: Whippoorwill Lakes PUD document prepared by Hoover Planning and Keene Engineering, received by Planning Services on March 24, 1999. Whippoorwill Lakes PUD Collier County Environmental Impact Statement prepared by Passarella and Associates,Inc.,dated March, 1999,revised May, 1999. Whippoorwill Lakes PUD Red-Cockaded Woodpecker Nesting Season Survey prepared by Passarella and Associates,Inc.,dated May, 1999. V. STAFF COMMENTS: Water Management: The surface water management for this project will be reviewed by the South Florida Water Management District and therefore is exempt from review by the Environmental Advisory Council(5.13.6 CCLDC). Environmental: Approximately 16.1 acres of South Florida Water Management District(SFWMD)/Collier County jurisdictional wetlands have been identified on the subject property. The jurisdictional wetlands are composed entirely of pine/cypress/cabbage palm mix. Approximately 0.6 acres of impacts to jurisdictional wetlands are proposed, and are shown on Figure 4 on page 11 of the EIS. Project related wetland impacts will be compensated for by enhancing and preserving 96.3 percent of the wetlands on site.Preserved wetlands will be enhanced by hand removal of exotic plant species. Present seasonal high water levels are believed to be at or just below the level of the ground surface within the interior portions of the wetland preserve. Historic high water levels appear to have been at least six inches above the ground surface within the wetland preserve. Elevations of both present and historic high water levels will be surveyed and submitted as part of the South Florida Water Management District permit application.Natural ground elevation on site averages around 10.7 feet NGVD. The property has a total of 46.2 acres of uplands.Uplands on site consist of pine flatwoods,pine, pine/cypress, cypress (drained) and disturbed land. The majority of the uplands on-site will be impacted for development of the project. A minimum 15 foot and average 25 foot upland buffer will be maintained around the wetland preserve except for the area adjacent to Whippoorwill Lane. According to the Collier County Soils Map, the following three soil types are found on the property: Malabar fme sand(Unit 3), Oldsmar fme sand(Unit 16), and Boca, Riviera, limestone substratum and Copeland fme sand, depressional (Unit 25). The types of soil found within the limits of the property are predominantly Unit#3,Malabar fme sand.Unit#16,Oldsmar fme sand, is found in the northwest portion of the site and Unit#25,Boca,Riviera,limestone substratum and Copeland fme sand, depressional is found in the northeast portion of the site. All soil types encountered on site are listed as hydric with the exception of#16,Oldsmar fme sand. EAC Meeting .June 2, 1999 . PUD-98-20"Whippoorwill Lakes PUD" Page 3 A red-cockaded woodpecker (RCW) nesting season survey was conducted on the subject property. Morning and evening RCW foraging surveys were conducted over a period of seven consecutive days beginning May 10, 1999 and ending May 16, 1999. Surveys were conducted by ecologists traversing suitable habitat by foot. Morning observations began approximately 15 minutes to 30 minutes prior to sunrise and ended by 10:30 a.m.. Evening observations were conducted from approximately 4:30 p.m. to sunset. Visual observations were aided by 8x power binoculars and 46x power spotting scope. Previous listed species surveys conducted on the property included a seven man-hour survey in January, 1999. Additional listed species observations were conducted incidental to over 20 man-hours of on-site activities in November and December, 1998 associated with vegetation mapping and wetland flagging. No RCWs were seen or heard during the nesting season seven-day survey. No RCW cavities were identified on site. Listed wildlife species observed on the subject property include Big Cypress fox squirrel(Sciurus niger avicennia), which is listed as threatened by the Florida Game and Fresh Water Fish Commission (FGFWFC). Big Cypress fox squirrels were observed in the pine and pine/cypress habitats. The preservation and enhancement of 15.5 acres of pine-cypress wetland and adjacent upland pine buffer will provide continuing habitat for fox squires on the project site. A review of the official Historical/Archaeological Probability Maps for Collier County indicate no archaeological or historical sites to be located on the subject property. Correspondence from the Florida Department of State, Division of Historical Resources, indicates no significant archaeological or historical sites recorded for or likely to be present within the project area. The letter further states that because of the project location and/or nature it is unlikely that any such sites will be affected. VI. RECOMMENDATIONS: Staff recommends approval of Planned Unit Development No. PUD-98-20 "Whippoorwill Lakes PUD"with the following stipulations: Environmental: 1. Amend section 5.2(A)(3) of the PUD document by adding the underlined language and deleting the stfuskough. Water management structures . 2. Amend section 6.10(D)of the PUD document by adding the underlined language. An exotic vegetation removal,monitoring, and maintenance(exotic free)plan for the site, with emphasis on the conservation/preservation areas, shall be submitted to Current Planning Environmental Review Staff for review and approval prior to fmal site plan/construction plan approval. This plan shall include methods and time schedule for removal of exotic vegetation within conservation/preservation areas. 3. Add the following stipulation to section 6.10 of the PUD document. Petitioner shall comply with the guidelines and recommendations of the U.S. Fish and Wildlife Service (USFWS) and Florida Game and Fresh Water Fish Commission (FGFWFC) regarding potential impacts to protected wildlife species. Where protected species are observed on site,a Habitat Management Plan for those protected species shall EAC Meeting June 2, 1999 PUD-98-20 "Whippoorwill Lakes PUD" Page 4 be submitted to Current Planning Environmental Staff for review and approval prior to final site plan/construction plan approval. PREPARED BY: s/z049 STEPHEN LENBERGER DATE ENVIRONMENTAL SPECIALIST II REVIEWED BY: 5. c‘.c\ R ALD F.N $1:$ AICP DATE CURRENT PLANNING MANAGER SL/h:/EACStaffReports MINUTES OF THE ENVIRONMENTAL ADVISORY COUNCIL DATE: May 5, 1999 TIME: 9 a.m. PLACE: 3'Floor Boardroom, Administration Building, Collier County Government Center,Naples,Florida EAB STAFF PRESENT Cole X Adarmes Minor Cornell X Burgeson X Espinar X Cautero X Foley X Chrzanowski X Hill X Kuck X Jackson X Lenberger X Neal X Lorenz X Robinson X Maheuron X Sansbury X Manalich X Mulhere Nino X Scuderi X Seal X Student X MINUTES BY: Barbara Burgeson, Sr. Environmental Specialist CALLED TO ORDER AT: 9:02 a.m. ADJOURNED AT: 11 a.m. PRESIDING: Dr. Hill,nominated chair unanimously Blair Foley,nominated vice-chair, unanimously ESTABLISHMENT OF TERMS: See attached. ADDENDA TO THE AGENDA: Presentation by Ramiro Manalich,Assistant County Attorney regarding Florida Sunshine Laws and Ethics Laws. Environmental Advisory Council Minutes May 5, 1999 Page 2 APPROVAL OF AGENDA: Motion made by Mr. Cornell seconded by Mr. Jackson and carried 9/0,to approve the Agenda. Note: Three EAB Members accept minutes into the record from the April EAB Meeting. ITEM: Regular Agenda- Item VII.A. PETITION NO: Planned Unit Development No. PUD-99-05 "Mediterra PUD Section 11 and 12, Township 48 South,Range 25 East REQUESTING: Private golf course community with single and multi-family housing, village center,water management lakes and preserve areas. REPRESENTED BY: Al Reynolds, Wilson,Miller, Barton&Peek, Inc. MOTION: Made by Mr. Sansbury , seconded by Mr. Jackson and carried 9/0 , to approve Planned Unit Development No. PUD- 99-05, "Mediterra PUD" with amended stipulations. Environmental: 1. Replace the language in section 2.12 of the PUD document with the following. Fill storage is generally permitted as a principal use throughout Mediterra. Fill material may be transported and stockpiled within areas which have been disturbed/farmed or are shown as development areas on an approved PSP. Prior to stockpiling in these locations, LBP shall provide written notification to the Community Development and Environmental Services Administrator. Residential areas 25 acres or less (including building footprints) shall be allowed to be cleared prior to issuance of the building permits,provided the areas to be cleared are shown on an approved subdivision construction plan or SDP. The following standards shall apply for all stockpiling on-site: 2. Amend footnote number 1 for table 1 "MEDITERRA DEVELOPMENT STANDARDS FOR "R" RESIDENTIAL AREAS" in the PUD document by adding the underlined language and deleting the . *1 - With approval from LBP, rear yard setbacks for principal structures on lots which abut golf course, lake, and open space, or reserve area. Setbacks from lake for all accessory uses may be 0' providing architectural bank treatment is Environmental Advisory Council Minutes May 5, 1999 Page 3 incorporated into design and subject to written approval from LBP Design Review Committee and Project Plan Review. 3. Delete section 4.5A(5) from the PUD document. 4. Replace the language in section 6.4 of the PUD document with the following. A non-exclusive conservation easement or platted tract, whichever is applicable, is required for preservation lands included in the Preservation Area. LBP, their successor or assign, or the Mediterra CDD shall be responsible for the control and maintenance of lands within the Preservation Area. 5. Replace the language in section 7.7(B) of the PUD document with the following. In order to avoid repetitive review of environmental issues in subsequent stages of the County development approval process, upon approval of the Mediterra PUD Environmental Impact Statement (EIS) submitted in conjunction with the Application for Public Hearing for PUD Rezone, the requirement for obtaining approval of an EIS pursuant to Division 3.8, Section 3.8.3 of the Collier County Land Development Code shall be deemed satisfied for all future activities which take place within the Mediterra PUD boundaries that require County permits for or County approval of development or site alteration. If the Preservation Areas' boundaries significantly change, the County may require additional information or an EIS supplement. 6. Replace the language in section 7.7(D) of the PUD document with the following. The applicant need not provide 10 percent littoral zone planting within every lake provided that compensatory littoral zone plantings are provided in other interconnected lakes within the same Project phase or basin. The applicant will provide the total littoral zone plantings that will be required for the Project. 7. Add the following stipulations to section 7.7 of the PUD document. All conservation areas shall be recorded as conservation/preservation tracts or easements with protective covenants per or similar to Section 704.06 of the Florida Statutes. Conservation areas including those that are recorded on the plat shall be dedicated to LBP, their successor or assign, or the Mediterra CDD for the responsibility of the control and maintenance of lands within the Preservation Area. Petitioner shall comply with all permit conditions and stipulations contained within US Army Corps of Engineers and SFWMD permits issued for Mediterra which concern protected wildlife species. • Environmental Advisory Council Minutes May 5, 1999 Page 4 The Preservation Areas incorporate wetlands as well as buffers including upland and structural buffers. The Project will be consistent with SFWMD criteria including any wetland buffering requirements. For these reasons, no additional buffering contiguous to the Preservation Areas will be required. An exotic vegetation removal, monitoring, and maintenance (exotic free) plan for the site, with emphasis on the Preservation Areas, shall be submitted to Current Planning Environmental Staff for review and approval prior to final site plan/construction plan approval. This plan shall include the methods and time schedule for removal of exotic vegetation within Preservation Areas. 8. The archaeological site 8CR785 shall be added to the PUD Master Plan. 9. Add the following stipulation to section 5.3 of the PUD document. B. Permitted Uses And Structures Within Archaeological Site Open space uses and structures such as, but not limited to, nature trails, bicycle trails, gazebos, picnic areas, fitness trails, shelters, playground equipment and associated playground areas, landscape areas, irrigation pipes, volleyball courts, rest shelters, and drinking fountains. Any uses and structures permitted shall not disturb areas beneath the existing soil surface and a minimum of 6 inches of clean fill dirt shall be placed over the area except in places where the area will be left in its natural state or will be landscaped. A certified archaeologist shall be present on- site to monitor any excavation for irrigation pipes and landscaping. Any other uses and structures which are comparable in nature with the foregoing and which the Development Services Director determines to be compatible. ITEM: Regular Agenda-Item VII.B. PETITION NO: Planned Unit Development No. PUD-99-6 "Rigas, a Planned Unit Development" Section 28, Township 48 South,Range 26 East REQUESTING: Rezoning of approximately 232 acres to develop 725 residential units, a central recreation center, convenience commercial and personal service. REPRESENTED BY: Wayne Arnold, Wilson,Miller,Barton&Peek,Inc. MOTION: Made by Mr. Espinar , seconded by Mr. Cole and carried 9/0 , to approve Planned Unit Development No. PUD- 99-6, "Rigas, a Planned Unit Development" with staffs Environmental Advisory Council Minutes May 5, 1999 Page 5 stipulations. Environmental: 1. Replace Section 6.6 C, of the PUD document with, "The PUD shall be consistent with the environmental sections of the Collier County Growth Management Plan conservation and coastal Management Element and the Collier County Land Development Code at the time of final development order approvals." 2. Replace Section 6.6 D, of the PUD document with, "Buffers shall be provided around wetlands, extending at least fifteen (15) feet landward from the edge of wetland preserves in all places and averaging twenty-five (25) feet from the landward edge of wetlands. Where natural buffers are not possible, structural buffers shall be provided in accordance with the State of Florida Environmental Resources Permit Rules and be subject to review and approval by Current Planning Environmental Staff." 3. Add the following stipulation to Section 6.6 of the PUD document, "Environmental permitting shall be in accordance with the state of Florida Environmental Resource Permit Rules and be subject to review and approval by Current Planning Environmental Staff. Removal of exotic vegetation shall not be counted towards mitigation for impacts to Collier County jurisdictional wetlands." 4. Add the following stipulation to Section 6.6 of the PUD document, "Petitioner shall comply with the guidelines and recommendations of the U.S. Fish and Wildlife Service (USFWS) and Florida Game and Fresh Water Fish Commission (FGFWFC) regarding potential impacts to protected wildlife species. Where protected species are observed on site, a Habitat Management Plan for those protected species shall be submitted to Current Planning Environmental Staff for review and approval prior to final site plan/construction plan approval." 5. Add the following stipulation to Section 6.6 of the PUD document, " In accordance with Section 3.9.5.5.3 of the Collier County Land Development code, a minimum of 25% of the existing native vegetation shall be retained on site. For this PUD, that shall be no less than twenty (20) acres, which is met by the designated preserve areas on the PUD Master Plan." 6. As a matter of record, the petitioner shall amend the FLUCCS map in the EIS, to replace the 424 listings on sites #12 and #15, with a description of less than 90% Melaleuca. ******* OLD BUSINESS: Environmental Advisory Council Minutes May 5, 1999 Page 6 NEW BUSINESS: Bill Lorenz gave a brief presentation regarding the expectation of the GMP subcommittee. Motion made by Espinar, second by Sansbury to require five members. Growth Management Subcommittee members chosen. They are: Milton Cornell,Marco Espinar, Daniel Jackson,Monty Robinson, Tom Sansbury and William Hill MOTION: To adjourn by Mr. Cornell, seconded by Mr. Sansbury, carried 9/0. COMMENTS: For a complete record of the proceedings reader is directed to the tape recording of this meeting, located in the Office of the Clerk to the Board, 5th Floor, Building "F", Collier County, Government Complex. There being no further business, the meeting was adjourned by order of the Chair. Environmental Advisory Council William Hill, Chairman Min/den/h:\EAC Staff Reports COLLIER COUNTY GOVERNMENT COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DIVISION Planning Services Department 2800 North Horseshoe Drive Naples,Florida 34104 PLANNING SERVICES DEPARTMENT May 24, 1999 William Hoover Hoover Planning 3785 Airport Road N, Suite B Naples, Florida 34105 RE: Planned Unit Development Petition No. PUD-99-1 "Malibu Lakes PUD" Dear Mr. Hoover: The referenced matter will be reviewed by the Environmental Advisory Council during its forthcoming meeting scheduled for June 2, 1999. The Public Hearing to consider this item and other matters will begin at 9:00 a.m. at the Collier County Government Complex,Administration Building, Third Floor, Commissioners' Board Room. It is recommended that you or your appointed representative be present at this meeting to answer any questions the Environmental Advisory Council may have regarding your request. Attached for your information is a copy of the Environmental Advisory Council's Agenda and Staff Report for this meeting. If you have any questions regarding this matter, please do not hesitate to contact this office at (941)403-2400. Very truly yours, (aha 8661— Barbara S. Burgeson Sr. Environmental Specialist BB/den/h:\EAC letters Attachments cc: EAB File Q. Grady Minor Assoc. Phone(941) 403-2400 Fax(941) 643-6968 www.co.collier.fl.us COLLIER COUNTY GOVERNMENT COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DIVISION Planning Services Department 2800 North Horseshoe Drive Naples, Florida 34104 PLANNING SERVICES DEPARTMENT May 21, 1999 William Hoover Hoover Planning 3785 Airport Road N, Suite B Naples, Florida 34105 RE: Planned Unit Development No. 98-20 "Whippoorwill Lakes PUD" Dear Mr. Ward: The referenced matter will be reviewed by the Environmental Advisory Council during its forthcoming meeting scheduled for June 2, 1999. The Public Hearing to consider this item and other matters will begin at 9:00 a.m. at the Collier County Government Complex, Administration Building, Third Floor, Commissioners' Board Room. It is recommended that you or your appointed representative be present at this meeting to answer any questions the Environmental Advisory Council may have regarding your request. Attached for your information is a copy of the Environmental Advisory Council's Agenda and Staff Report for this meeting. If you have any questions regarding this matter, please do not hesitate to contact this office at (941)403-2400. Very truly yours, A/4A Stephen Lenberger Environmental Specialist II SC/den/h:\EAB letters Attachments cc: Mark Bates, Gulf Sun Corp. EAB File Phone(941)403-2400 Fax(941)643-6968 www.co.collier.fl.us COLLIER COUNTY GOVERNMENT COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DIVISION Planning Services Department 2800 North Horseshoe Drive Naples,Florida 34104 PLANNING SERVICES DEPARTMENT May 21, 1999 R.J. Ward Spectrum Engineering, Inc. 1342 Colonial Blvd. Suite 32 Ft. Myers, Florida 33907 RE: Conditional Use Petition No. 99-05 "San Marco Mission" Dear Mr. Ward: The referenced matter will be reviewed by the Environmental Advisory Council during its forthcoming meeting scheduled for June 2, 1999. The Public Hearing to consider this item and other matters will begin at 9:00 a.m. at the Collier County Government Complex,Administration Building, Third Floor, Commissioners' Board Room. It is recommended that you or your appointed representative be present at this meeting to answer any questions the Environmental Advisory Council may have regarding your request. Attached for your information is a copy of the Environmental Advisory Council's Agenda and Staff Report for this meeting. If you have any questions regarding this matter, please do not hesitate to contact this office at (941)403-2400. Very truly yours, Stephen Lenberger Environmental Specialist II SC/den/h:\EAB letters Attachments cc: Bishop John Nevins EAB File Phone(941)403-2400 Fax(941)643-6968 www.co.collier.fl.us 1.1110-k COLLIER COUNTY GOVERNMENT COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DIVISION Planning Services Department 2800 North Horseshoe Drive Naples,Florida 34104 PLANNING SERVICES DEPARTMENT May 26 , 1999 RE: Commercial Excavation Permit No. 59.687 "Whippoorwill Woods Land Trust Commercial Excavation and Homesite" Section 18,Township 48 South,Range 28 East Collier County,Florida Dear Property Owner: One of your neighbors wants to dig a 3.5 acre lake on his 6.5 acre lot. This lake excavation requires a permit and will generate a large pile of fill that must be hauled away. Because of the hauling, it is classified as a commercial excavation that must be approved during a public hearing. The attached Executive Summary is to allow excavation of the lake and removal of material across county roads. Please read it carefully. The item is being heard by the Board of County Commissioners. It will be placed on Consent Agenda, which means that unless someone from the public specifically requests to have it pulled off the Consent Agenda and discussed by the BCC, it will be approved without discussion based on staff recommendation. The Public Hearing to consider this item and other matters will begin at 9 a.m. on June 8, 1999, at the Collier County Government Complex,Building"F", Third Floor,Commissioners Board Room. While your presence is not required at this meeting, all interested parties are invited to attend and be heard. Should you have any further questions regarding the above, please feel free to contact this office at (941)403-2300 or FAX NUMBER(941)643-6968. Sincerely, f Stan Chrzanoi ski,P.E. Senior Engineer SC/den/fs:\ExcavationForms Attachments cc: Read File Phone(941)403-2400 Fax(941) 643-6968 www.co.collier.fl.us AGENDA TRANSMITTAL SLIP 111111 Agenda Item# Date Submitted 25 JUN 99 Requested Agenda Date:__8 JUN 99_ 7N0411011704 y, '- eAPPROP A 1E , ;C'HEG ;); ,".;, ❑ (4) Approval of Minutes ❑(5) Proclamations ❑ (6) Clerk ❑(7) Public Petitions ❑ (8A) Community Dev.&Env.Svcs. ❑ (8B) Public Works ❑(8C) Public Services ❑ (8D) Support Services ❑ (8E) County Manager ❑ (9) Attorney ❑(10) BCC ❑ (11) Other Constitutional Officers ❑(12) Public Hearings ❑ (13A) BZA Public Hearings ❑ (14) BCC Communications ❑(15) Communications X (16) Consent Agenda ❑ (17) Summary Agenda Requested by: Date: Reviewed by: Date: STAN CHRZANOWSKI,P.E. BOB MULHERE, AICP Division Head: Date: Manager: Date: VINCENT A.CAUTERO, AICP Item Title: RECOMMENDATION TO APPROVE COMMERCIAL EXCAVATION PERMIT NO. 59.690, "HENDERSHOT PIT COMMERCIAL EXCAVATION AND HOMESITE" LOCATED IN SECTION 18, TOWNSHIP 48, SOUTH, RANGE 28 EAST: BOUNDED ON THE NORTH , EAST , SOUTH , AND WEST BY VACANT LAND ZONED ESTATES, AND ALSO ON THE EAST BY EVERGLADES BOULEVARD. List of Documents Attached: 1. Executive Summary(required) 2. Location Map 3. Transportation"Special Conditions" 4. 5. --1 EXECUTIVE SUMMARY RECOMMENDATION TO APPROVE COMMERCIAL EXCAVATION PERMIT NO. 59.690, "HENDERSHOT PIT COMMERCIAL EXCAVATION AND HOMESITE" LOCATED IN SECTION 18, TOWNSHIP 48, SOUTH, RANGE 28 EAST: BOUNDED ON THE NORTH , EAST , SOUTH , AND WEST BY VACANT LAND ZONED ESTATES,AND ALSO ON THE EAST BY EVERGLADES BOULEVARD. OBJECTIVE: To issue an excavation permit to Richard C. Hendershot for the project known as "Hendershot Pit Commercial Excavation and Homesite" in accordance with County Ordinance No. 92-73, Division 3.5. CONSIDERATIONS: The Petitioner proposes to excavate one lake with a surface area of less than 2 acres + to a depth of 20 feet. The resultant 46,000+/- C.Y. of fill will be used off site for house pad construction. Because the site is well under the 500,000 C.Y. criteria, EAC approval was not required. The duration of the excavation will be approximately one year. FISCAL IMPACT: The Community Development Fund, Development Services (11313890032940000000) has or will receive $1,044.50 in revenues broken out as follows: Application Fee $ 850.00 Permit Fee $ 196.00 $1046.00 TOTAL FEES A security in the amount of$25,000 must be posted prior to permit issuance. Road impact fees will be computed at the time of permit issuance,but are estimated to be about$16,000. GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: That the Board of County Commissioners approve the issuance of Excavation Permit No. 59.690 to Richard C. Hendershot for the project known as "Richard C. Hendershot Commercial Excavation and Homesite" with the following stipulations: 1. The excavation shall be limited to a bottom elevation of 20 feet below grade. n 2. Off-site removal of material shall be subject to "Standard Conditions" imposed by the Transportation Services Division in document dated 1/13/98 (copy attached). 1 3. Where groundwater is proposed to be pumped during the excavating operation, a Dewatering Permit shall be obtained from the South Florida Water Management District, and a copy provided to Project Plan Review for approval prior to the commencement of any dewatering activity on the site. 4. No blasting will be permitted unless issued a separate permit by Collier County Project Plan Review. 5. The petitioner must apply for a Vegetation Removal Permit. Environmental Staff shall perform a site visit to determine the need for a Vegetation Removal Permit and to check for any listed species. No work shall be done prior to that site visit. 6. The lake littoral zone shall be created and planted as indicated on the Plan of Record. Location to be field determined. 7. No Excavation Permit shall be issued until all impact fees have been paid. s !LI •' iAjr, Zs m 09 STAN CHRZAN I SKI, P.E. DATE , SENIOR ENGINEER REVIEWED BY: THOMAS E. KUCK, P.E. DATE ENGINEERING REVIEW MANAGER ROBERT J. MULHERE,AICP DATE PLANNING SERVICES DEPARTMENT DIRECTOR APPROVED BY: VINCENT A. CAUTERO, AICP,ADMINISTRATOR DATE COMMUNITY DEV.AND ENVIRONMENTAL SVCS. 59.690 EX SUMMARY/SC/H/EAC Exec. Summ. 2 n I 119 I 711 f 3ODI AEli'lUh kit 1 l 1 1 J 1161 11 1 I I I I I I ( MIMI 6 6 2 17 U61 5 22 27 38 43 54 59 70 75 86 91 102107118123 18 , 4 23 26 39 42 55 58 71 74 87 90 103106 119122 1 19 20 31 32 43 44 55 56 67 68 79 80 91 Ij116 115 3 41ST AVENUE N.E. 114J 2 97 112 113 8 1 24 25 40 41 56 57 72 73 88 89 104105 120121 104105 128°1 16 17 32 33 48 49 64 65 80 81 96 97 112 113128 127W 15 39TH AVENUE N.E. SITE 126Q 14 103 106 1230 13 18 31 34 47 50 63 66 79 82 102 107 124 CC 14 19 30 35 46 51 62 67 115 26 —123w 11 37TH ,E, z U5 a 1 108 1 121 10 20 29 36 45 52 61 8 7 84 93 100109 116125 U 100109 8 21 28 37 44 53 60 69 76 85 92 101108117 124 i 119 7 35 rH AVENUE M.E1, 118 6 1991110 117 5 Y2 27 38 43 54 59 70 75 86 91 102 07 118123 98 111 115111 414A 23 26 39 42 55 58 71 74 87 90 103106119122 COUNTY ROAD 858 ,"\ 97A 112i113%110 13 13A 1234126A139A142A1554158N71P174 7AI90A1103A11OI119A1122, 101 111301 31 1501 51 1701 71190 r9TTT1bm- ' i 11491 1ao 2 33RD AVENU'= N.E. 148 97 112 113 114 1 24 25 40 41 56 57 72 73 88 89 104105120121 9 12 29 32 49 52 69 72 89,92 109 114 147 104105 128 16 17 32 33 48 49 64 65 80 81 96 97 11211312E 8 13 28 33 48 53 68 73 88 93 108 115 146 127 15 31ST AVENUE N.E, _ 176 145 1031 06 126 14 117 144 125 13 18 31 34 47 50 63 66 79 82 95 98 111 114127 7 14 27 34 47 54 67 74 87 94 107 118 143 102107 124 12 19 30 35 46 51 62 67 78 83 94 99 110 115126 6 15 26 35 48 55 66 75 86 95 106 119 0 142 123 11 29TH AVENUE N.E. 120; 141 ®1r� 10 U 6 7 121 140 iiProwai 9 20 29 38 45 52 61 68 77 84 93 100 109 116125 5 16 25 36 45 56 65 76 85 96 105 122 8 139 120 8 21 28 37 44 53 60 69 76 85 92 101108 11/124 4 17 24 37 44 57 64 77 84 97 104 123 03 1.38 7 _ 27TH AVE OE V. . 1240 137 118 6 125 N 136 _99 110 117 5 22 27 38 43 54 59 70 75 Bf 91 102107 118 23 3 18 23 38 43 58 63 78 .83 98 103 126 p 135 98 111116 4 23 26 39 42 55 58 71 74 87 90 103106119 22 2 19 22 39 42 59 62 79 82 99 102127128 134 115 RANDA..L BOU E A D_ 133 114 2 132 97 112 113 _ 1 24 25 40 41 56 57 72 73 88 89 104105120121 1 20 21 40 41 60 61 80 81 100101129130 131 104105 128 16 17 32 33 48 49 64 65 80 81 96 97 112113128 8 9 24 25 40 41 56 57 72 73 88 B9 120 127 15 _ 4TH_At/ENUE N.E. 90 119 ll 126 I 14 I 91 L118 110311061125 1 13 18 31 34 47 50 63 66 79 82 95 98 111 114127 7 10 23 26 39 42 55 58 71 74 87 92 117 7777 1 i"1 L. PROJECT;WHIPPOORWILL DESOTO PIT EENE ENGINEERING f r..'...'.'.17.-.---" ,-f . _ DATE APRIL 19, 1999 538 9th AVENUE SOUTH IFS TRACT 120 NAPLES, FLORIDA 34102 GOLDEN GATE ESTATES UNIT 64 PHONE: 403.0123 FAX: 403.9399 COLLIER COUNTY, FLORIDA n COLLIER COUNTY TRANSPORTATION SERVICES "STANDARD CONDITIONS" EXCAVATION PERMIT APPLICATIONS INVOLVING OFF-SITE REMOVAL OF MATERIAL The intent of these "Standard Conditions" are to provide excavation permit applicants a summary of conditions which may affect their projects and which should be taken into consideration during all stages of project development: 1. Haul routes between an excavation site and an arterial road shall be private with property owner(s) approval or be a public collector road built to standards applicable to handle the resulting truck traffic. Where residential areas front collector roads, appropriate turn lanes, buffer and bikepath shall be required as minimal site improvements and if recommended for approval, shall be so with the condition that the Transportation Services Administration reserves the right to suspend or prohibit off-site removal of excavated material should such removal create a hazardous road condition or substantially deteriorate a road condition; such action by the Transportation Services Administration shall be subject to appeal before the Board of County Commissioners. 2. Haul routes utilizing public roads shall be subject to road maintenance and road repair or an appropriate fair share by the permittee in accordance with Excavation Ordinance No. 91-102 as amended Div. 3.5 and Right-of-Way Ordinance No. 93-64. 3. Off-site removal of excavated material shall be subject to Ordinance No. 92-22 (Road Impact Ordinance). A traffic and road impact analysis shall be made by the County to determine the effects that off-site removal of excavated material will have on the road system within the excavation project's zone of influence. If appropriate, road impact fees in accordance with Ordinance No. 92-22 shall be paid prior to the issuance of an excavation permit. 4. The Transportation Services Administration reserves the right to establish emergency weight limits; on public roadways affected by the off-site removal of excavated material; the procedure for establishment of weight limits shall be the presentation of an applicable resolution before the Board of County Commissioners. Should weight limits be instituted, the permittee shall be responsible to implement measures to assure that all heavy truck loadings leaving the permit's property conform to the applicable weight restriction. 5. The Excavation Performance Guarantee shall apply to excavation operations and also the maintenance/repair of public roads in accordance with current ordinances and applicable permit stipulations. EXHIBIT "B" Page One of Two 6. Based on soil boring information per Ordinance No. 91-102 as amended, a blasting permit may be appropriate. Should a blasting permit application be submitted and should residential areas exist within one mile of the excavation site, the County reserves the right to deny a blasting permit based on concerns for off-site impacts from blasting at an excavation site. Should a blasting permit be considered and approved, the minimum conditions of approval in addition to conditions per Ordinance No. 91-102 as amended are as follows: A. Structure inventory/monitoring and applicable property owner release as required by the Development Services Director. B. Security bond applicable to private property damage acceptable to the County. C. Control of size/depth/number of charges per blast by the Development Services Director. D. The right of the County to suspend and/or revoke blasting permit authority should it be determined that blasting activities are creating unacceptable off-site conditions either in terms of private property damage and/or related physical effects of blasting operations. 7. No excavation permit shall be issued until receipt of a release from the Transportation Services Administration applicable to proper mitigation of off-site impacts, meeting of applicable provisions of Ordinance No. 93-64, Ordinance No. 92-22, and Ordinance No. 91-102 as amended. Reference to letter of 5/24/88 Revised 1/13/98 Page Two of Two COLLIER COUNTY GOVERNMENT COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DIVISION Planning Services Department 2800 North Horseshoe Drive Naples,Florida 34104 PLANNING SERVICES DEPARTMENT May 26 , 1999 RE: Commercial Excavation Permit No. 59.690 "Hendershot Pit Commercial Excavation and Homesite" Section 18,Township 48 South,Range 28 East Collier County,Florida Dear Property Owner: One of your neighbors wants to dig a two-acre lake on his five-acre lot. This lake excavation requires a permit and will generate a large pile of fill that must be hauled away. Therefore, it is classified as a commercial excavation that must be approved during a public hearing. The attached Executive Summary is to allow excavation of the lake and removal of material across county roads. Please read it carefully. The item is being heard by the Board of County Commissioners. It will be placed on Consent Agenda, which means that unless someone from the public specifically requests to have it pulled off the Consent Agenda and discussed by the BCC, it will be approved without discussion based on staff recommendation. The Public Hearing to consider this item and other matters will begin at 9 a.m. on June 8, 1999, at the Collier County Government Complex,Building"F", Third Floor,Commissioners Board Room. While your presence is not required at this meeting, all interested parties are invited to attend and be heard. Should you have any further questions regarding the above, please feel free to contact this office at (941)403-2300 or FAX NUMBER(941)643-6968. Sincerely, Stan Chrzanows s4'.E. Senior Engineer SC/den/h:\EAB Letters Attachments cc: Read File Phone(941)403-2400 Fax(941)643-6968 www.co.collierfl.us EXECUTIVE SUMMARY RECOMMENDATION TO APPROVE COMMERCIAL EXCAVATION PERMIT NO. 59.690, "HENDERSHOT PIT COMMERCIAL EXCAVATION AND HOMESITE" LOCATED IN SECTION 18, TOWNSHIP 48, SOUTH, RANGE 28 EAST: BOUNDED ON THE NORTH , EAST , SOUTH , AND WEST BY VACANT LAND ZONED ESTATES,AND ALSO ON THE EAST BY EVERGLADES BOULEVARD. OBJECTIVE: To issue an excavation permit to Richard C. Hendershot for the project known as "Hendershot Pit Commercial Excavation and Homesite" in accordance with County Ordinance No. 92-73, Division 3.5. CONSIDERATIONS: The Petitioner proposes to excavate one lake with a surface area of less than 2 acres + to a depth of 20 feet. The resultant 46,000+/- C.Y. of fill will be used off site for house pad construction. Because the site is well under the 500,000 C.Y. criteria, EAC approval was not required. The duration of the excavation will be approximately one year. FISCAL IMPACT: — The Community Development Fund, Development Services (11313890032940000000) has or will receive $1,044.50 in revenues broken out as follows: Application Fee $ 850.00 Permit Fee $ 196.00 $1046.00 TOTAL FEES A security in the amount of$25,000 must be posted prior to permit issuance. Road impact fees will be computed at the time of permit issuance, but are estimated to be about $16,000. GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: That the Board of County Commissioners approve the issuance of Excavation Permit No. 59.690 to Richard C. Hendershot for the project known as "Richard C. Hendershot Commercial Excavation and Homesite" with the following stipulations: 1. The excavation shall be limited to a bottom elevation of 20 feet below grade. 2. Off-site removal of material shall be subject to "Standard Conditions" imposed by the Transportation Services Division in document dated 1/13/98 (copy attached). 1 3. Where groundwater is proposed to be pumped during the excavating operation, a Dewatering Permit shall be obtained from the South Florida Water Management District, and a copy provided to Project Plan Review for approval prior to the commencement of any dewatering activity on the site. 4. No blasting will be permitted unless issued a separate permit by Collier County Project Plan Review. 5. The petitioner must apply for a Vegetation Removal Permit. Environmental Staff shall perform a site visit to determine the need for a Vegetation Removal Permit and to check for any listed species. No work shall be done prior to that site visit. 6. The lake littoral zone shall be created and planted as indicated on the Plan of Record. Location to be field determined. 7. No Excavation Permit shall be issued until all impact fees have been paid. PREPARED BY: STAN CHRZANOWSKI, P.E. DATE SENIOR ENGINEER REVIEWED BY: THOMAS E. KUCK,P.E. DATE ENGINEERING REVIEW MANAGER ROBERT J. MULHERE,AICP DATE PLANNING SERVICES DEPARTMENT DIRECTOR APPROVED BY: VINCENT A. CAUTERO, AICP,ADMINISTRATOR DATE COMMUNITY DEV.AND ENVIRONMENTAL SVCS. 59.690 EX SUMMARY/SC/H/EAC Exec. Summ. 2 D pO� U T L I 3'' ...„1,11_,- - '8 f 0 r cre r �� 0 �* .4c‘n :, D od a QQ --io oa Z �Do T A a �o I x 4 p . A V N a TD a 4/Q A r V 0 0. Q Q P O0 L i ■ Om A zni 0 o \ S.R. 29 _ 4 4 = s 2 F A 33 N P earroSil. _ CANAL CANAL I D N 4 P U T J 04 - N G 4. U OW V a N - N W P m Oi D U P W N 7 O U p 4 N -.0 ro G a U P W J y 00 8 O N N W p J O ro O N N W N com N u J O G W W NNO N y O 04 V T U N G O ro pND V Q N N yyNG � G b u P bl GV 8 GO 8 `41'N u J 8 GO 4 G P N O t ; J P U{ G N P W J t N P W N P pm J pU b i! 2,. N 4 V P N ro P m P O U 4 eUi 4 U A N t T 4 U m g O 2 N N P P .A', n N D T T Y2 ( U U P aD W N O OO C2 b U4. UV a C a a YO a U y mV 2 0 m p O V N 8NV Z mmW Z OJ Zi,,, m V N A Z 8 P 2 0 O D 0 m P m U m W U mM J V T fr.' 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U ~ U U 0 Oi I S N a q › uu V W U UO O P Jmm<c D p R_ O N 4 C P J D m >>Z O- N yy2 4 D P D P m a 04 D O ,—, N 2 D g O Z z Z A m VI Z U N Z V 0 -a Z P m 2 U• C V N A O Z b m m r m V 1,.1 P YJi J m m 8 J m U OVi J m VU J ; 8 4 V J m J G i D Z V Z Z O W Z P Z V Z M Z O Z 04 U Z P U 2 T O U O F. !" D J Oi N P W N 04 m %'51 G A W N 1 '• b m m P N m D O N WP N T 2 O 9. N 4 A fly T S b O N 4"• D O N 9. O b m ,:lA G N §.:O , m m 24 P p G 9.N pW O N & O� m ro O N N q OV 004 m O N N N P O 00 O D a Of at 6 P W NO (i O4 J 0) U • W 4 0 (0 f O O4 -4 I COLLIER COUNTY TRANSPORTATION SERVICES "STANDARD CONDITIONS" EXCAVATION PERMIT APPLICATIONS INVOLVING OFF-SITE REMOVAL OF MATERIAL The intent of these "Standard Conditions" are to provide excavation permit applicants a summary of conditions which may affect their projects and which should be taken into consideration during all stages of project development: 1. Haul routes between an excavation site and an arterial road shall be private with property owner(s) approval or be a public collector road built to standards applicable to handle the resulting truck traffic. Where residential areas front collector roads, appropriate turn lanes, buffer and bikepath shall be required as minimal site improvements and if recommended for approval, shall be so with the condition that the Transportation Services Administration reserves the right to suspend or prohibit off-site removal of excavated material should such removal create a hazardous road condition or substantially deteriorate a road condition; such action by the Transportation Services Administration shall be subject to appeal before the Board of County Commissioners. 2. Haul routes utilizing public roads shall be subject to road maintenance and road repair or an ,.� appropriate fair share by the permittee in accordance with Excavation Ordinance No. 91-102 as amended Div. 3.5 and Right-of-Way Ordinance No. 93-64. 3. Off-site removal of excavated material shall be subject to Ordinance No. 92-22 (Road Impact Ordinance). A traffic and road impact analysis shall be made by the County to determine the effects that off-site removal of excavated material will have on the road system within the excavation project's zone of influence. If appropriate, road impact fees in accordance with Ordinance No. 92-22 shall be paid prior to the issuance of an excavation permit. 4. The Transportation Services Administration reserves the right to establish emergency weight limits. on public roadways affected by the off-site removal of excavated material; the procedure for establishment of weight limits shall be the presentation of an applicable resolution before the Board of County Commissioners. Should weight limits be instituted, the permittee shall be responsible to implement measures to assure that all heavy truck loadings leaving the permit's property conform to the applicable weight restriction. 5. The Excavation Performance Guarantee shall apply to excavation operations and also the maintenance/repair of public roads in accordance with current ordinances and applicable permit stipulations. EXHIBIT "B" Page One of Two • 6. Based on soil boring information per Ordinance No. 91-102 as amended, a blasting permit may be appropriate. Should a blasting permit application be submitted and should residential areas exist within one mile of the excavation site, the County reserves the right to deny a blasting permit based on concerns for off-site impacts from blasting at an excavation site. Should a blasting permit be considered and approved, the minimum conditions of approval in addition to conditions per Ordinance No. 91-102 as amended are as follows: A. Structure inventory/monitoring and applicable property owner release as required by the Development Services Director. B. Security bond applicable to private property damage acceptable to the County. C. Control of size/depth/number of charges per blast by the Development Services Director. D. The right of the County to suspend and/or revoke blasting permit authority should it be determined that blasting activities are creating unacceptable off-site conditions either in terms of private property damage and/or related physical effects of blasting operations. 7. No excavation permit shall be issued until receipt of a release from the Transportation Services Administration applicable to proper mitigation of off-site impacts, meeting of applicable provisions of Ordinance No. 93-64, Ordinance No. 92-22, and Ordinance No. 91-102 as amended. Reference to letter of 5/24/88 Revised 1/13/98 Page Two of Two .11414/ COLLIER COUNTY GOVERNMENT COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DIVISION Planning Services Department 2800 North Horseshoe Drive Naples,Florida 34104 PLANNING SERVICES DEPARTMENT May 25 , 1999 RE: Commercial Excavation Permit No. 59.691 "Forest Park (Heron Lakes)" Section 33, Township 49 South, Range 26 East Collier County, Florida Dear Property Owner: The attached Executive Summary is to allow excavation of a lake and removal of material across county roads. Please read it carefully. The item is being heard by the Board of County Commissioners. It will be placed on Consent Agenda, which means that unless someone from the public specifically requests to have it pulled off the Consent Agenda and discussed by the BCC, it will be approved without discussion based on staff recommendation. The Public Hearing to consider this item and other matters will begin at 9 a.m. on June 8, 1999, at the Collier County Government Complex, Building "F", Third Floor, Commissioners Board Room. While your presence is not required at this meeting, all interested parties are invited to attend and be heard. Should you have any further questions regarding the above, please feel free to contact this office at(941) 403-2300 or FAX NUMBER(941) 643-6968. Sincerely, A/ Stan Chrzanowski, P.E. Senior Engineer SC/den/h:\EAB Letters Attachments Phone (941)403-2400 Fax(941) 643-6968 www.co.collier.fl.us EXECUTIVE SUMMARY RECOMMENDATION TO APPROVE COMMERCIAL EXCAVATION PERMIT NO. 59.691, "FOREST PARK (HERON LAKES)" LOCATED IN SECTION 33, TOWNSHIP 49 SOUTH, RANGE 26 EAST: BOUNDED ON THE NORTH BY THE GOLDEN GATE CANAL (GOLDEN GATE CITY), ON THE SOUTH BY I-75,ON THE EAST BY LAND ZONED AGRICULTURE,AND ON THE WEST BY GOLDEN GATE COMMUNITY PARK AND BERKSHIRE LAKES PUD. OBJECTIVE: To issue an excavation permit to David L Brennan(Trustee and individually) for the project known as "Forest Park(a.k.a.Heron Lakes)"in accordance with County Ordinance No. 92-73,Division 3.5. CONSIDERATIONS: The Petitioner proposes to excavate two lakes with a total surface area of 16.32 acres±to a depth of 16 feet(+/-) below existing ground. Of the resultant 308,000 C.Y. of fill, 100,000 C.Y. will be hauled offsite, and the rest will be used on site for construction of the subdivision. This project was last reviewed and approved by the CCPC as PDI 99-01 (Res. 99-11) on 4 MAR99, and by the BCC (as n Ord. 90-79)on 23OCT90. The lake is a permitted use under the PUD, and was reviewed by the EAB on 18APR90. Offsite hauling was not addressed in the PUD. The engineer has estimated that approximately 100,000 C.Y. of fill will need to be hauled off. The haul route is along the entrance road shared by the Golden Gate Community Park. As with all construction, nearby residences in Golden Gate City and the apartments in Berkshire lakes will experience daytime noise. Approximately 41 adjacent property owners and the Collier County Parks&Rec. Dept. have been notified of this proposed action. A preliminary subdivision Plat has been received by Collier County for this parcel. FISCAL IMPACT: The Community Development Fund, Development Services (113-13900) would receive in revenues broken out as follows: Application Fee $ 850.00 Permit Fee $ 982.00 $1832.00 TOTAL FEES A security in the amount of$77,000 must be posted prior to permit issuance. Road impact fees will be approximately$8000 to $10000 and will be confirmed at time of permit issuance.. 1 GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: That the Board of County Commissioners approve the issuance of Excavation Permit No. 59.691 to David L. Brennan, Trustee and individually for the project known as "Forest Park" with the following stipulations: 1. The excavation shall be limited to a bottom elevation of—5.50 ft. NGVD. All disturbed areas proposed for lake excavation shall be excavated to a minimum elevation of-1.50 NGVD. 2. Off-site removal of material shall be subject to "Standard Conditions" imposed by the Transportation Services Division in document dated 1/13/98 (copy attached). 3. Where groundwater is proposed to be pumped during the excavating operation, a Dewatering Permit shall be obtained from the South Florida Water Management District, and a copy provided to Project Plan Review for approval prior to the commencement of any dewatering activity on the site. 4. No blasting will be permitted unless issued a separate permit by Collier County Project Plan Review. 5. If trees are to be removed as a result of the excavating operation, a Tree Removal Permit, required by Ordinance No. 92-73, Division 3.9 shall be obtained from Collier County Project Plan Review before work shall commence. 6. The lake littoral zone shall be created and planted as indicated on the Plan of Record. 7. A 20 ft. maintenance easement shall be provided around the perimeter of the lake and a 20 ft. access easement to it shall be provided from a public right-of-way. The easement shall be provided to Collier County,however,maintenance will be provided by Forest Park. 8. No Excavation Permit shall be issued until all impact fees have been paid. 2 ' ■ ' . . . / try 44 25- /Y! Y .33 STAN CHRZANO.�''SKI,P.E. DATE SENIOR ENGINEER REVIEWED BY:'$44444 2 �p� Q IU�r 05'--Z5-99 THOMAS E. KUCK,P.E. DATE ENGINEERING REVIEW MANAGER 711' BOB MULHERE,AICP DATE PLANNING SERVICES DEPARTMENT DIRECTOR APPROVED BY: VINCENT A. CAUTERO,AICP,ADMINISTRATOR DATE COMMUNITY DEV.AND ENVIRONMENTAL SVCS. 59.691 EX SUMMARY/H/EAB Exec Summ/SC 3 1I1T1:I. : : l1- - \ I . ......... 1 ® — r Y— r yid 4> iiiiii!iiiiiiiiii!niniiiiiiiiiminiissi y — A L. 1 — •�MlalltwM [— _ A !I 1— ^ VS nw ) lI L ........:...:.:.....:....:......•:•.•,..::„...:.„.•.:.::•..,•:••• ••••••••••••••••••• •••••.•••••••••••• Y _ ......................................... _ „,„„„,„„„„„„,„,„„„,„„,„,„„„„„,„„„„„,„„,„:„ 1 .3_ i Q — I `'iiiii'eiiiF isiii<iifEiiiEif(i':i+`:'iiiaEiiiiEEi`:�?' 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E 0 OtlMA3Y10B NVO07 � n .s 1713 ek� � , � (' –�W6tlV8 V1NK ,_, 'ale VkVBWe vows 1 ii 711 o /3 Q 41 W a,i I o crewNNVB uNf1DO SL-31V1S NI G b NI Yk� WSW MOW 0 1 -- ,n0, Ute ii< gi i 7-0 1. avok No,sxann avok Naso,Mnn itiSNps wnr sNyoa NQWN6NDI i 1 COLLIER COUNTY TRANSPORTATION SERVICES "STANDARD CONDITIONS" EXCAVATION PERMIT APPLICATIONS INVOLVING OFF-SITE REMOVAL OF MATERIAL The intent of these "Standard Conditions" are to provide excavation permit applicants a summary of conditions which may affect their projects and which should be taken into consideration during all stages of project development: 1. Haul routes between an excavation site and an arterial road shall be private with property owner(s) approval or be a public collector road built to standards applicable to handle the resulting truck traffic. Where residential areas front collector roads, appropriate turn lanes, buffer and bikepath shall be required as minimal site improvements and if recommended for approval, shall be so with the condition that the Transportation Services Administration reserves the right to suspend or prohibit off-site removal of excavated material should such removal create a hazardous road condition or substantially deteriorate a road condition; such action by the Transportation Services Administration shall be subject to appeal before the Board of County Commissioners. 2. Haul routes utilizing public roads shall be subject to road maintenance and road repair or an appropriate fair share by the permittee in accordance with Excavation Ordinance No. 91-102 as amended Div. 3.5 and Right-of-Way Ordinance No. 93-64. 3. Off-site removal of excavated material shall be subject to Ordinance No. 92-22 (Road Impact Ordinance). A traffic and road impact analysis shall be made by the County to determine the effects that off-site removal of excavated material will have on the road system within the excavation project's zone of influence. If appropriate, road impact fees in accordance with Ordinance No. 92-22 shall be paid prior to the issuance of an excavation permit. 4. The Transportation Services Administration reserves the right to establish emergency weight limits on public roadways affected by the off-site removal of excavated material; the procedure for establishment of weight limits shall be the presentation of an applicable resolution before the Board of County Commissioners. Should weight limits be instituted, the permittee shall be responsible to implement measures to assure that all heavy truck loadings leaving the permit's property conform to the applicable weight restriction. 5. The Excavation Performance Guarantee shall apply to excavation operations and also the maintenance/repair of public roads in accordance with current ordinances and applicable permit stipulations. EXHIBIT "B" Page One of Two n 6. Based on soil boring information per Ordinance No. 91-102 as amended, a blasting permit may be appropriate. Should a blasting permit application be submitted and should residential areas exist within one mile of the excavation site, the County reserves the right to deny a blasting permit based on concerns for off-site impacts from blasting at an excavation site. Should a blasting permit be considered and approved, the minimum conditions of approval in addition to conditions per Ordinance No. 91-102 as amended are as follows: A. Structure inventory/monitoring and applicable property owner release as required by the Development Services Director. B. Security bond applicable to private property damage acceptable to the County. C. Control of size/depth/number of charges per blast by the Development Services Director. D. the right of the County to suspend and/or revoke blastingpermit authorityshould it be determined that blasting activities are creating unacceptable off-site conditions Oether in terms of private property damage and/or related physical effects of blasting perations. n 7. No excavation permit shall be issued until receipt of a release from the Transportation Services Administration applicable to proper mitigation of off-site impacts, meeting of applicable provisions of Ordinance No. 93-64, Ordinance No. 92-22, and Ordinance No. 91-102 as amended. Reference to le er of 5/24/88 Revised 1/13/9 4 Page Two of Two Ft FORM 4 MEMORANDUM OF VOTING , CONFLICT LAST NAME-FIRST NAME-MILE NAME / / I�� n /� 1 THE BOARD, COUNCIL,COMMISSION, AUTHORITY, OR COMMITTEE ON ///""��,'T,"L� ///��rI�TTj�fl� WHICH 1 SERVE IS UNIT OF: NJALLING ADDRESS 3 gBv cs1,,/. 0 CITY COUNTY 0 OTHER LOCAL AGENCY 0 STATE " - CITY�/ / �/,�CO TY - _ /'� �S �/ � � _ NAME OF POLITICAL SUBDIVISION OR STATE AGENCY -- DATE ON HICH VOTE OCCURRED J PL Z /:5s NAME OFBOARD,COUNCIL,COMMISSION,AUTHORITY,OR COMMITTEE WHO MUST FILE FORM 4 This form is for use by any person serving on either an appointed or elected board, council, commission, authority, or committee, whether state or local,and it applies equally to members of advisory and non-advisory bodies who are faced with a voting conflict of interest. , As the voting conflict requirements for public officers at the local level differ from the requirements for state officers,this form is divided into two parts: PART A is for use by persons serving on local boards(municipal,cou_nty,special tax districts,etc.),while PART B is prescribed for all other boards, i.e., those at the state level. -_ -- -- PART C of the form contains instructions as to when and where this form must be filed. - PART A VOTING CONFLICT DISCLOSURE FOR LOCAL PUBLIC OFFICERS • [Required by Section 112.3143(3), Florida Statutes(Supp. 1984).] The Code of Ethics for Public Officers and Employees PROHIBITS each municipal, county, and other local public officer FROM VOTING in an official capacity upon any measure which inures to his special private gain. Each local officer also is prohibited from knowingly voting in his official capacity upon any measure which inures to the special gain of any principal(other than a government agency as defined in Section 112.312(2), Florida Statutes) by whom he is retained. - In any such case a local public officer must disclose the conflict: (a) PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of his interest in the matter on which he is abstaining from voting;and (b) WITHIN 15 DAYS AFTER THE VOTE OCCURS by describing the nature of his interest as a public record in this part below. NOTE:Commissioners of a Community Redevelopment Agency created or designated pursuant to Section 163.356 or Section 163.357, Florida Statutes(Supp. 1984),or officers of independent special tax districts elected on a one-acre,one-vote basis are not prohibited from voting. In such cases, however, the oral and written disclosure of this part mustbemade. I, the undersigned local public officer, hereby disclose that on .✓n...4 Z--' , 19 ! 5 (a) I abstainedV from voting on a matter which(check one): ured to my special private gain; o inured to the special gain of Xit l) g5 N ,by whom I am retained. • CE FORM 4-REV. 10-84 PAGE (b) The measure on which I abstained and the nature of my interest in the measure is as follows: •A • , `) i CJ i�I _ Date Filed Sig ature Please see PART C for instructions on when and where to file this form. PART B VOTING CONFLICT DISCLOSURE FOR STATE OFFICERS [Required by Section 112.3143(2), Florida Statutes(Supp. 1984).] - Each state public officer is permitted to vote in his official capacity on any matter. However,.any state officer who votes in his official capacity upon any measure which inures to his special private gain or the special gain of any principal by whom he is retained is required to disclose the nature of his interest as a public record in Part B_beIow within 15.days after the vote occurs. - I, the undersigned officer of a state agency, hereby disclose that on , 19 - (a) I voted on a matter which(check one): inured to my special private gain; or inured to the special gain of , by whom 1 am retained. (b) The measure on which 1 voted and the,nature of my interes, n the measure is as follows: .- • Date Filed Signature Please see PART C below for instructions on when and where to file this form. PART C FILING INSTRUCTIONS This memorandum must be filed within fifteen(15)days following the meeting during which the voting conflict occurred with the person responsible for recording the minutes of the meeting,who shall incorporate the memorandum in the meeting minutes.This form need not be filed merely to indicate the absence of a voting conflict. NOTICE:UNDER PROVISIONS OF FLORIDA STATUTES 0112.317(198.A A FAILURE TO MAKE ANY REQUIRED DISCLOSURECONSTITUTESGROUNDS FOR AND MA\ BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT. REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT. DEMOTION,REDUCTION IN SALARY.REPRIMAND,OR A CIVIL PENALTY NOT TO EXCEED 55.000. • :E FORM 4-REV. 10-84 PAGE: EAC AND THE SUNSHINE LAW Referencing the daily news article of May 6 entitled "EAC struggles with conflicts of interest", several statements were made regarding the structure of the Council, and which tended to impugn the integrity of the Council. (a) In any public board situations will arise when possible conflicts of interest will exist. The important fact is the manner in which the board handles the case. The newly formed Environmental Advisory Council recognizes the importance of the sunshine and ethics legislation, and Attorney Manalich was present at the Council's request. The meeting was not a "struggle", but, rather, a time of"clarification" of the specifics of the law to allow the Council to act properly in the future. The mere fact that a member would have to recuse himself from participation and voting on a particular project does not represent an " unworkable conflict of interest". (b) It was stated that the " one-sidedness of the panel should give the public pause about who's running the show in this county. It's just too incestuous". The EAC is advisory only, has no policy power, and its charge is broad and requires technical expertise ( see LDC 5.13.2.2 and 3). Its relationship to development projects is one of review for compliance with Collier County environmental law. In my opinion, the newly formed Environmental Advisoary Council is composed of nine dedicated professionals whose interest is the quality future of Collier County. The Council does not "run the show", and any public judgement of its performance should be withheld until an appropriate time in the future. William Hill, Chairman Environmental Advisory Council ,E-r�lai/ /3////9///5/ g%i044, ee'V MEMORANDUM TO: Barbara Burgeson, Senior Environmental Specialist FROM: Marni M. Scuderi, Assistant County Attorney DATE: June 1, 1999 RE: Sunshine Law and Ethics Questions for the Environmental Advisory Council To better respond to the following six questions in your Request for Legal Services, I contacted Pat Gleason of the Florida Attorney General Office, who is known to be an expert in Florida on the Sunshine Law, and Chris Anderson, staff attorney for the Florida Ethics Commission. Chief Assistant County Attorney Ramiro Manalich and I discussed each specific question with both of these experts, as well as discussing possible alternatives. Their oral opinions, however, come with the caveat that they are not binding or official opinions of their respective agencies, but are provided to assist us within the limitations of the facts presented. QUESTIONS 1. It is my understanding that an EAC member cannot come down to the podium and make a presentation to the EAC on a petition that they have been hired to work on. If an engineer who is on the EAC (Blair Foley for example) cannot present a project that he specifically worked on, can he have another engineer or employee that works for his firm make the presentation? Does it have to be an outside party, such as an attorney or another firm? RESPONSE: According to both the Attorney General and the Ethics Commission representatives, an EAC member cannot come down to the podium and make a presentation to the EAC on a project upon which he/she has been hired to work. In the same vein, another employee or engineer from the EAC member's firm cannot make the presentation to the board either (see Fla.Stat. 112.313(7)(a)). All analogous Ethics Commission opinions involve attorneys, and state that if one attorney in a firm has a conflict of interest, then no other attorney in that firm can step in. It appears that an outside party can make the presentation, but the EAC member must file the appropriate conflict disclosure, cannot vote, and cannot answer questions. It is conceivable that the EAC member could answer general questions on policy and not on specific points dealing with the project, but this is a slippery slope due to the fact that it is foreseeable that many of the basic issues in each presentation will come before the council over and over again. It appears that although you could technically avoid Sunshine problems by answering general questions, it would realistically be very difficult to avoid all technical defects. 2. If an EAC member cannot make the presentation and a third party does that for him, can he answer specific questions that are asked of that third party? For example, Marco Espinar, who is an environmental consultant, has the land planner make the presentation who may not have all the details, and the EAC may ask very specific questions that the land planner cannot answer. Can the planner ask Marco to then step up to the podium to answer just the questions that the EAC asks that he cannot answer, or can he huddle with Marco to get the answer, or does Marco have to have no visible presence regarding this presentation? RESPONSE: No. (Same explanation as Response to Question 1) 3. Marco Espinar (EAC member) was hired to do the Environmental Impact Statement (EIS) on a petition that will be presented before the June EAC. He hired Jerry Neal (EAC member) to do some of the computer drawings and compilation of data for him. Can Jerry participate in the discussions and can he vote? RESPONSE: Jerry Neal cannot vote. He possibly can participate after filing a conflict disclosure, but again this is a slippery slope, and the best advice from Pat Gleason is to not participate after you conflict off. 4. Even on a more broad scale, can two or more EAC members work together (hire each other) on future projects that will be presented to the EAC? RESPONSE: The general consensus to this question is that this is a Sunshine Law problem and the filing of conflict disclosures is not enough. We asked both authorities in their fields if the members filed the conflict disclosures very early, prior to ever meeting together on the project, if they still had a Sunshine Law problem. The answer we received was that you could not circumvent the Sunshine Law. In fact, Pat Gleason was so concerned with this situation that she told us to request an Attorney General opinion. If correct disclosures are filed, participation is allowed, but, again, we were told that the best advice is "Don't participate after you conflict off." 5. If an EAC member hires a co-worker of an EAC member, or a co-worker of an EAC member hires an EAC member, what is the conflict of interest and does that affect participation or voting? RESPONSE: There is no Sunshine Law problem due to the fact that two members of the EAC are not meeting,but the co-worker must not act as a conduit between the two council members. Neither EAC member can vote. If correct disclosures are filed, participation is allowed, but, again, we were told that the best advice is "Don't participate after you conflict off." 2 6. If Marco Espinar (EAC member) is hired to do exotic removal for a project for Terry Cole (EAC member), but they have someone else doing the EIS, is there a conflict of interest because Marco benefits financially from the project or does he have to be doing work specifically related to what the EAC reviews? RESPONSE: There is a conflict of interest because of the financial benefit. I hope the foregoing opinion and information has been of assistance. If there should arise other questions in this regard, please contact me at your convenience. cc: David C. Weigel, County Attorney • 3 rr , FORM 4 MEMORANDUM OF VOTING CONFLICT LAST NAME-FIRST NAME-MIDDLE NAME / 1/ Ct- e y Ir I eel t r+ THE BOARD. COUNCIL,COMMISSION, AUTHORITY, OR COMMITTEE ON _MAILING ADDRESS / WHICH i SERVE IS A UNIT OF: .1TY O CITY ,COUNTY O OTHER LOCAL AGENCY O STATE - ��Y7 / COUNTY Cie lli/ DATE ON WHICH VOTE OCCURt�RED NAME OF POLITICAL SUBDIVISIO,N OR STATE AGE/NCY NAME OF•BOARD,COUNCIL,COMMMISSSION,AUTHORITY,OR COMMITTEE WHO MUST FILE FORM 4 This form is for use by any person serving on either an appointed or elected board, council, commission, authority, or committee, whether state or local,and it applies equally to members of advisory and non-advisory bodies who are faced with a voting conflict of interest. As the voting conflict requirements for public officers at the local level differ from the requirements for state officers,this form is divided into two parts: PART A is for use by persons serving on local boards(municipal,county,special tax districts,etc.),while PART B is prescribed for all other boards, i.e., those at the state level. PART C of the form contains instructions as to when and where this form must be filed. _ PART A VOTING CONFLICT DISCLOSURE FOR LOCAL PUBLIC OFFICERS [Required by Section 112.3143(3), Florida Statutes (Supp. 1984).] The Code of Ethics for Public Officers and Employees PROHIBITS each municipal, county, and other local public officer FROM VOTING in an official capacity upon any measure which inures to his special private gain. Each local officer also is prohibited from knowingly voting in his official capacity upon any measure which inures to the special gain of any principal(other than a government agency as defined in Section 112.312(2), Florida Statutes) by whom he is retained. In any such case a local public officer must disclose the conflict: (a) PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of his interest in the matter on which he is abstaining from voting;and (b) WITHIN 15 DAYS AFTER THE VOTE OCCURS by describing the nature of his interest as a public record in this part below. NOTE:Commissioners of a Community Redevelopment Agency created or designated pursuant to Section 163.356 or Section 163.357, Florida Statutes(Supp. 1984),or officers of independent special tax districts elected on a one-acre,one-vote basis are not prohibited from voting. In such cases, however, the oral and written disclosure of this part must be made. I, the undersigned local public officer, hereby disclose that on , 19 / (a) I abstained from voting on a matter which(check one): inured to my special private gain; or "• inured to the specialgain of J P� p cntJp rG� �7 `� , by whom I am retained. • CEFORM 4-REV. 10.84 - PAGE • (b) The measure on which I abstained and the nature of my interest in the measure is as follows: 1 • dra h//•-1y 3 Pn vi•-v ret-e.47714„.? S to" PuD r u s Date Filedtel/ ' Signa re Please see PART C for instructions on when and where to file this form. PART B VOTING CONFLICT DISCLOSURE FOR STATE OFFICERS [Required by Section 112.3143(2), Florida Statutes (Supp. 1984).] - Each state public officer is permitted to vote in his official capacity on any matter. However.any state officer who votes in his official capacity upon any measure which inures to his special private gain or the special gain of an yrincipal by to disclose the nature of his interest as a public record in Part B-below within 15-days after the vote occurs whom he is retained is required I, the undersigned officer of a state agency, hereby disclose that on (a) I voted on a matter which (check one): inured to my special private gain; or - inured to the special gain of by whom 1 am retained. (b) The measure on which I voted and the.nature of my interest In the measure is as follows: ti . Date Filed Signature Please see PART C below for instructions on when and where to file this form. PART C FILING INSTRUCTIONS This memorandum must be filed within fifteen(15)days following the meeting during which the voting conflict occurred with the person responsible for recording the minutes of the meeting,who shall incorporate the memorandum in the meeting minutes.This form need not be filed merely to indicate the absence of a voting conflict. NOTICE:UNDER PROVISIONS OF FLORIDA STATUTES¢112317(1983),A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTESGROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT. REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT. DEMOTION,REDUCTION IN SALARY,REPRIMAND,OR A CIVIL PENALTY NOT TO EXCEED 55.000. • FORM t-REV, 10-84 PAGE MINUTES OF THE ENVIRONMENTAL ADVISORY COUNCIL DATE: June 2, 1999 TIME: 9 a.m. PLACE: 3RD Floor Boardroom, Administration Building, Collier County Government Center,Naples, Florida EAB STAFF PRESENT Cole X Adarmes Minor Cornell X Arnold X Espinar X Burgeson X Foley A Cautero X Hill X Chrzanowski X Jackson X Keohane X Neal X Kuck X Robinson X Lenberger X Sansbury EA , Lorenz X Maheuron Manalich Mulhere X Nino X Scuderi X Seal X Student Weigel X MINUTES BY: Stephen Lenberger, Environmental Specialist H Barbara Burgeson, Senior Environmental Specialist CALLED TO ORDER AT: 9 a.m. ADJOURNED AT: 11:10 a.m. PRESIDING: William Hill, Chairman ADDENDA TO THE AGENDA: Item C added under New Business APPROVAL OF AGENDA/MINUTES: Motion made by Mr. Cornell seconded by Dr. Jackson and carried 7/0, to approve Agenda as amended. Environmental Advisory Council Minutes June 2, 1999 Page 2 Motion made by Mr. Cornell seconded by Dr. Jackson and carried 7/0, to approve Minutes. ITEM: Regular Agenda-Item V.A. PETITION NO: Planned Unit Development No. PUD-99-01 "Malibu Lakes PUD Section 30, Township 48 South, Range 26 East REOUESTING: Proposed 8.6 acres of commercially zoned land and 142 acres of residentially zoned land. A mix of single family and multi-family tracts will surround one large lake, several smaller lakes and the appropriate amount of preservation areas. REPRESENTED BY: Grady Minor, Q. Grady Minor and Associates, P.A. MOTION: Made by Mr. Cornell , seconded by Dr. Jackson and carried 5/0 , to approve Planned Unit Development No. PUD- 99-01, "Malibu Lakes PUD" with Staffs stipulations. Mr. Espinar and Mr. Neal abstained from the vote. Water Management: 1. A copy of the SFWMD Surface Water Permit application shall be sent to Collier County Development Services with the SDP submittal. 2. A copy of the SFWMD Surface Water Permit shall be submitted prior to Final SDP approval. 3. Lake setbacks from the PUD perimeter can be reduced to 25 feet where a 6 ft. high fence or suitably substantial barrier is erected. Environmental: No environmental stipulations. ITEM: Regular Agenda- Item V.B. PETITION NO: Conditional Use Petition No. CU-99-05 "San Marco Mission" Section 2, Township 51 South, Range 26 East REQUESTING: A place of worship with a parish hall of 1000 seats, a 1400 seat church, an Environmental Advisory Council Minutes June 2, 1999 Page 3 office building educational facilities with daycare, columbarium/ memorial, and a residence for priests. REPRESENTED BY: Diocese of Venice Spectrum Engineering, Inc. MOTION: Made by Dr. Jackson , seconded by Mr. Robinson and carried 7/0, to approve Conditional Use Petition No. CU- 99-05, "San Marco Mission" with Staffs stipulations. Environmental: 1. Environmental permitting shall be in accordance with the state of Florida Environmental Resource Permit Rules and be subject to review and approval by Current Planning Environmental Staff. Removal of exotic vegetation shall not be counted towards mitigation for impacts to Collier County jurisdictional wetlands. 2. Buffers shall be provided around wetlands, extending at least fifteen (15) feet landward from the edge of wetland preserves in all places and averaging twenty-five (25) feet from the landward edge of wetlands. Where natural buffers are not possible, structural buffers shall be provided in accordance with the state of Florida Environmental Resource Permit Rules and be subject to review and approval by Current Planning Environmental Staff. 3. An appropriate portion of native vegetation shall be retained on site as required in section 3.9.5.5.4 of the Collier County Land Development Code. 4. An exotic vegetation removal, monitoring, and maintenance (exotic free) plan for the site, with emphasis on areas of retained native vegetation, shall be submitted to Current Planning Environmental Staff for review and approval prior to final site plan /construction plan approval. This plan shall include the methods and time schedule for removal of exotic vegetation within areas of retained native vegetation. 5. Petitioner shall comply with the guidelines and recommendations of the U.S. Fish and Wildlife Service(USFWS) and Florida Game and Fresh Water Fish Commission (FGFWFC) regarding potential impacts to protected wildlife species. Where protected species are observed on site, a Habitat Management Plan for those protected species shall be submitted to Current Planning Environmental Staff for review and approval prior to final site plan/construction plan approval. ITEM: Regular Agenda-Item V.C. Environmental Advisory Council Minutes June 2, 1999 Page 4 PETITION NO: Planned Unit Development No. PUD-98-20 "Whippoorwill Lakes PUD" Section 18, Township 49 South,Range 26 East REQUESTING: Proposed residential PUD with a maximum of 628 residential units, recreational facilities, water management lake and preserve areas. REPRESENTED BY: Andy Woodruff, Passarella& Associates, Inc. MOTION: Made by Mr. Espinar , seconded by Mr. Cole and carried 7/0, to approve Planned Unit Development Petition No. PUD 98-20, "Whippoorwill Lakes PUD" with Staffs stipulations. Environmental: 1. Amend section 5.2(A)(3) of the PUD document by adding the underlined language and deleting the struck-through. Water management structures • ' ' - ••• • - ••. • - • - . 2. Amend section 6.10(D) of the PUD document by adding the underlined language. An exotic vegetation removal, monitoring, and maintenance (exotic free) plan for the site, with emphasis on the conservation/preservation areas, shall be submitted to Current Planning Environmental Review Staff for review and approval prior to final site plan/construction plan approval. This plan shall include methods and time schedule for removal of exotic vegetation within conservation/preservation areas. 3. Add the following stipulation to section 6.10 of the PUD document. Petitioner shall comply with the guidelines and recommendations of the U.S. Fish and Wildlife Service(USFWS) and Florida Game and Fresh Water Fish Commission (FGFWFC) regarding potential impacts to protected wildlife species. Where protected species are observed on site, a Habitat Management Plan for those protected species shall be submitted to Current Planning Environmental Staff for review and approval prior to final site plan/construction plan approval. OLD BUSINESS: Environmental Advisory Council Minutes June 2, 1999 Page 5 NEW BUSINESS: A. Growth Management Plan Subcommittee 1. Monty Robinson was elected Chairman at the May meeting. 2. Next meeting scheduled for Thursday June 24, 1999 at 5 p.m. Room E,N. Horseshoe Drive. 3. Presentation by Bill Lorenz and Bob Mulhere, summarizing the GMP amendments and upcoming discussions with DCA and Governor and Cabinet. B. Proposed amendments of the Weed, Litter and Exotic Ordinance 1. Michelle Arnold made a presentation and responded to questions from EAC members. 2. Motion made by Mr. Espinar to approve with conditions that the ordinance distinguish between uplands and wetlands, seconded by Mr. Robinson and carried 7/0. C. Brief discussion of possible additional subcommittees MOTION: To adjourn by_Mr. Cornell , seconded by Mr Espinar , carried 7/0. COMMENTS: For a complete record of the proceedings reader is directed to the tape recording of this meeting, located in the Office of the Clerk to the Board, 5th Floor, Building "F", Collier County, Government Complex. There being no further business, the meeting was adjourned by order of the Chair. Environmental Advisory Council William Hill, Chairman Min/den/h:\EAC Staff Reports