EAC Minutes 09/03/1997 MINUTES OF THE ENVIRONMENTAL ADVISORY BOARD
DATE: September 3, 1997
TIME: 9:00 a.m.
PLACE: 3'm Floor Boardroom, Administration Building, Collier County Government
Center, Naples, Florida
EAB STAFF PRESENT
Espinar X Burgeson X
Foley X Chrzanowski X
Hermanson X Lenberger X
Hinchcliff X Mulhere X
Saadeh X(Arrived 9:08 a.m.) Seal X
Straton Absent
Wilkison X
MINUTES BY: Stephen Lenberger, Environmental Specialist II
CALLED TO ORDER AT: 9:05 a.m. ADJOURNED AT: 9:40 a.m.
PRESIDING: David S. Wilkison, Chairman
ADDENDA TO THE AGENDA:
APPROVAL OF MINUTES:
Motion made by Mr. Hinchcliff, seconded by Mr. Foley and carried 5/0, to approve minutes of
August 6, 1997.
ITEM: Regular Agenda- Item V.A
PETITION NO: Planned Unit Development No. PUD-82-29 (3)
The Retreat at Naples
CONTINUED
Environmental Advisory Board Minutes September 3, 1997
Page 2
ITEM: Regular Agenda- Item V.D
PETITION NO: Planned Unit Development Petition No. PUD-97-11
Creekside Commerce Park
REQUESTING: Creekside Park is proposed to be predominantly light industrial,
warehouse, wholesale and distribution uses, financial institutions,
business, office, and a limited amount of retail use.
REPRESENTED BY: George Varnadoe, Young, VanAssenderp & Varnadoe, P.A.
F. Alan Witt, P. E., Wilson, Miller, Barton&Peek, Inc.
MOTION: Made by Mr. Hermanson, seconded by Mr. Saadeh and carried 6/0, to approve
Planned Unit Development Petition No. PUD-97-11 with staffs stipulations.
Water Management:
The petitioner will be required to obtain a SFWMD permit prior to final SDP approval.
Environmental:
1. Add the following language to Section 5 of the PUD document: "The proposed native
vegetation retention areas, depicted on the Creekside Commerce Park Master Plan, are
intended for meeting the native vegetation requirements of the Collier County Growth
Management Plan (CCGMP) and the Collier County Land Development Code
(CCLDC). Adjustments may be made to the location of the preservation areas at the
time of preliminary plat or site development plan approval. If adjustments are needed,
per the CCLDC the applicant will have the option to increase the preservation in another
area, enhance and preserve another area, or provide increased native landscape per the
CCLDC. The proposed preservation areas, including 2.9 acres of wetlands and 4.1 acres
of uplands, depicted on the Creekside Commerce Park Master Plan, are areas where the
native vegetation requirements may be met as set forth in the CCLDC".
2. Remove the last sentence in Section 5.4 of the PUD Document as it is redundant and
covered more clearly in the above paragraph.
n Environmental Advisory Board Minutes .September 3, 1997
Page 3
3. Add the following language to the PUD Document:
Environmental permitting shall be in accordance with the State of Florida Environmental
Resource Permitting (ERP) rules, and shall further be subject to review and approval by
Collier County Planning Services Department Environmental Review Staff.
ITEM: Regular Agenda-Item V.B
PETITION NO: Planned Unit Development Petition No. PUD-95-10 (1)
Naples Heritage Golf and Country Club PUD
REQUESTING: Proposing to expand through the addition of approximately 15 acres on
the south end of the project.
REPRESENTED BY: Dwight Nadeau, P.E., McAnly Engineering& Design, Inc.
Gina Green, P. E., McAnly Engineering&Design, Inc.
Tyler King, W. Dexter Bender& Associates, Inc.
MOTION: Made by Mr. Saadeh, seconded by Mr. Foley and carried 6/0, to approve
Planned Unit Development Petition No. PUD-95-10 (1)with staffs stipulations.
Water Management:
The petitioner must modify his SFWMD permit to reflect the above listed changes.
ITEM: Regular Agenda- Item V.0
PETITION NO: Planned Unit Development Petition No. PUD-96-42 (2)/DOA-97-3
Marco Shores PUD (Fiddler's Creek)
REQUESTING: To add 1,385 acres to the existing Marco Shores PUD.
n
Environmental Advisory Board Minutes .September 3, 1997
Page 4
REPRESENTED BY: George Varnadoe, Young, VanAssenderp& Varnadoe, P.A.
Tim Durham, Wilson, Miller, Barton&Peek, Inc.
MOTION: Made by Mr. Saadeh, seconded by Mr. Foley and carried 4/1, to approve
Planned Unit Development Petition No. PUD-96-42(2)/DOA-97-3 with amended
stipulations. Mr. Hermanson abstained from the vote.
Water Management:
The following standards and stipulations shall apply to Sections 18 and 19 of the Fiddler's Creek
portion of the PUD:
1. Any perimeter berm for Sections 18 and 19 shall meet Land Development Code
requirements as to setbacks from property line.
2. The developer shall attempt to procure (from the current landowner) a temporary water
management easement in favor of Collier County along the east sides of Sections 18 and
19 to pass through existing flows from culverts SIS-00-50220 and SIS-00-S0110 to
assist the County in managing drainage on the U. S. 41 corridor and to attempt to re-
establish historical flow patterns. The following shall apply to such an easement:
a. The temporary easement shall not exceed 130' in width.
b. County shall be responsible for all permitting regarding said easement and
constructing any needed outfall structures if the County desires to build the
facilities prior to development of Sections 18 and 19.
c. The above is subject to permitting by South Florida Water Management District
(SFWMD).
3. If the developer is unable, despite reasonable efforts, to obtain a temporary easement
from the current landowner; then within 6 months of the acquisition of Sections 18 and
19, developer shall grant to Collier County an 130' "temporary" easement to
accommodate the construction of a drainage easement as set forth in 11.17.B.2.
Developer shall grant permanent easements as part of the platting process, and shall have
the ability to change the boundaries of the easement and profile of the drainage swale
during said platting process, provided minimum flows are maintained. The permanent
n easement shall not exceed 85' in width, so long as the County is provided access within
the 20' maintenance easement required by SFWMD.
Environmental Advisory Board Minutes .September 3, 1997
Page 5
4. The purpose of the easement set forth above is to provide for acceptance of the flows
from north of U.S. 41 which historically would have sheet-flowed across Sections 18 and
19.
5. Any temporary outfall constructed by the County may be removed by developer if the
flows accommodated by water to said outfall are routed into the Fiddler's Creek spreader
swale system.
Environmental:
1. Label the preserved wetlands on the south and west sides of Section 29 as preserve or
reserve areas on the PUD Master Plan.
2. Amend Section 2.2 (A) of the PUD Document to read as follows by adding the
underlined language and deleting the
Regulations for development of MARCO SHORES PLANNED UNIT
DEVELOPMENT shall be in accordance with the contents of this document, PUD-
Planned Unit Development District and other applicable sections and parts of the "Collier
County Land Development Code"- and Growth Management Plan.
3. Amend Section 5.1.3 (A) (4) of the PUD Document to read as follows by adding the
underlined language and deleting the
Water management facilities,and structures_ , - ., - , ' - . • ., -• •
4. A non-exclusive conservation easement will be established pursuant to the Fiddler's
Creek Wildlife Habitat Enhancement and Management Plan and Collier County Land
Development Code Section 3.2.8.4.7.3, to the extent such section does not conflict with
said Management Plan requirements. For the Fiddler's Creek Addition, the non-
exclusive easement shall comply with Collier County Land Development Code Section
3.2.8.4.7.3, without qualification.
**********
Environmental Advisory Board Minutes .September 3, 1997
Page 6
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 Board
David S. Wilkison, Chairman
PD/h:EAB Staff Reports/9-3-97 EAB Minutes
•
FORM 4 MEMORANDUM OF VOTING CONFLICT
LAST NA E-FIRST NAME-MIDDLE NAM + /
/ Gam/ S� e8�^I /G.,(. THE BOARD, COUNCIL,COMMISSION, AUTHORITY. OR COMMITTEE ON
�--f /yl�•�, !!! //, WHICH I SERVE 1S A UNIT OF:
MAILING'y�J /D 14,��ADDRESS
/ .140 N a CITY iiirCOUNTY O OTHER LOCAL AGENCY 0 STATE
CIT O�J ! O U N Y -
/V f/ �C` �� / ,,e,," NAME OF POLITICAL SUBDIVISION OR STATE AGENCY
DATE ON WHICH VOTE OCCURRED
9/3/9 7 �i/f e, de,L.". 74,
NAA (E OF'BOARD,COUNCIII
OM ISjION,AUTHORITY,OR COMM TTEE
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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 arc faced with a voting conflict of
interest. .
j As the voting conflict requirements for public officers at the local level differ from the requirements for state officers,this form is divided
j 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 arc not prohibited from
voting. In such cases, however, the oral and written disclosure of this part mustmuusbe made.
I, the undersigned local public officer, hereby disclose that on ��" r 3 , 19 92
(a) I abstained from voting on a matter which(check one):
I
iured to my special private gain; or�/
„.„...--
‘ed,inured to the specialgain of D','I nS SoGc.tcre$ V
p J , by whom 1 am retained.
E FORM 4-REV. 1044 PAGE
(b) The measure on which I abstained and the nature of my interest in the measure is as follows:
P4OZ/40 s •C'e Pl1U 96 }/�o/9 97--3
C 712zreiv
- i
7•519 9
Date Filed Signature
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 below within 15 days after the vote occurs.
1, 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 I am retained.
(b) The measure on which I voted and the nature of my interest in 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 0111317(1983).A FAILURE TO MAKE ANY REQUIRED DISCLOSURECONSTITUTES GROUNDS FOR AND MAY
DE 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 4-REV. 10-84 PAGE: