EAC Agenda 10/01/1997 COLLIER COUNTY
ENVIRONMENTAL ADVISORY BOARD AGENDA
OCTOBER 1, 1997; 9:00 a.m.
COMMISSION BOARDROOM, THIRD FLOOR—ADMINISTRATION BUILDING
I. ROLL CALL
II. APPROVAL OF MINUTES - September 3, 1997
III. ADDENDA
Election of Chairman and Vice-Chairman
IV. CONSENT/ADMINISTRATIVE APPROVAL AGENDA
V. REGULAR AGENDA
A. Planned Unit Development No. PUD-82-29 (3)
The Retreat at Naples
Section 9, Township 48 South, Range 25 East
Collier County, Florida
VI. OLD BUSINESS
VII. NEW BUSINESS
Review of applications for EAB vacancies
VIII. ADJOURNMENT
IX. WORKSHOP
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NOTES:
A. [Board Members]: Notify the PLANNING SERVICES DEPARTMENT (403-
2400) no later than 5 P.M. on September 26, 1997, if you cannot attend this
meeting or if you have conflict and thus will abstain from voting on a particular
petition.
Environmental Advisory Board Agenda .October 1, 1997
Page 2
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.
***************************************************************************
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
G=n�''# v1✓L(4,1 tdlif$0, 1304
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:
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
G=n�''# v1✓L(4,1 tdlif$0, 1304
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:
Item V.A
ENVIRONMENTAL ADVISORY BOARD
STAFF REPORT
MEETING OF OCTOBER 1, 1997
I. NAME OF PETITIONER/PROJECT:
Petition No. : PUD-82-29 (3)
Petition Name: The Retreat at Naples
Applicant/Developer: CC-Naples, Inc. , A Delaware Corp.
Engineering Consultant: Hole, Montes & Associates, Inc.
Environmental Consultant: Rae Ann Boylan, Boylan Environmental
Consultants
II . LOCATION:
The subject property is located on the west side of U. S. 41;
south and adjacent to Audubon Country Club in Section 9,
Township 48 South, Range 25 East, in northern Collier County
Florida.
III . DESCRIPTION OF SURROUNDING PROPERTIES:
The surrounding land uses are a combination of residential sub-
divisions, undeveloped agricultural property, undeveloped C3
zoned land and road right-of-way.
ZONING DESCRIPTION
N - PUD (Audubon Country Residential and Golf
Club PUD) Course
S - PUD (Village Place PUD) Residential
E - Agriculture Undeveloped
C3 Undeveloped
U. S. 41 ROW Road Right-of-way
W - Vanderbilt Drive Road Right-of-way
Bay Forest PUD Residential
Waterglades PUD Residential
Agriculture Undeveloped
Ii
/'\
EAB Meeting OCTOBER 1, 1997
PUD-82-29 (3) (The Retreat)
Page 2
IV. PROJECT DESCRIPTION:
Tract B is the last remaining tract in The Retreat PUD. It is
located at the southeast quadrant of the property. The
petitioner proposes to develop a nine (9) hole golf course, one
hundred-eighty (180) Independent Living units and an eighty-
four (84) unit Assisted Living Facility with non-profit medical
support.
Plan of Record:
Water Management:
The Retreat, Conceptual Water Management Plan, prepared by
Hole, Montes & Associates, dated May, 1997 .
Environmental:
Bentley Village, Collier County, Environmental Impact
Statement. Prepared by Rae Ann Boylan, Boylan Environmental
Consultants, Inc. Dated May 22, 1997; revised September 17,
1997 .
The Retreat PUD document dated May, 1997 .
Conceptual Master Plan, received September 18, 1997 .
V. STAFF COMMENTS:
Water Management:
"The Retreat" was approved by the governing Board of the SFWMD
on May 8, 1980, as permit #11-00182S. The subject parcel is
included in that permit and is being developed in substantial
conformance with the exhibits and conditions of that permit.
n The modification of permit #11-00812S to allow this
construction is presently being reviewed by the SFWMD Fort
Myer' s office.
EAB Meeting OCTOBER 1, 1997
PUD-82-29 (3) (The Retreat)
Page 3
Environmental:
The subject property covers the southeast quadrant of The
Retreat PUD also known as Bentley Village. This is the
remaining undeveloped portion of that subdivision. This phase
contains approximately sixty-nine acres of wetlands, uplands
and a previously excavated water body.
Twenty two acres were identified as jurisdictional wetlands
with the largest portion of that area being a Cypress wetland
which is bordered by a freshwater marsh. The canopy of the
Cypress area was dominated by bald cypress (Taxodium distichum)
with an occasional slash pine (Pinus elliottii) or cabbage
palm(Sabal palmetto) . The balance of the vegetation was wax
myrtle (Myrica cerifera) , swamp fern (Blechnum serrulatum) , saw
grass (Cladium jamaicensis) and royal fern (Osmunda regalis) .
The marsh vegetation consisted of a midstory of slash pine and
cypress with wax myrtle, buttonbush (Cephalanthus occidentalis) ,
and an occasional melaleuca (Melaleuca quinquenervia) . The
groundcover was Juncus spp. , mermaid weed (Proserpinaca
palustris) , musk mint, stinkweed, sedges, grasses and
cattails (Typha spp. ) .
The hydroperiod for the cypress wetland will be maintained to
preserve this pre-development water level or better. The
project will improve the hydroperiod of the remaining portions
of the isolated wetlands on the west side of this phase of
development. Only six percent of the identified wetlands will
be impacted for this project. In areas where exotic vegetation
removal will leave void areas, native vegetation will be
planted to enhance the quality of the wetlands .
Proposed mitigation for the impacts to wetlands includes
wetland enhancement, wetland creation, preservation of scrub
oak habitat, restoration of scrub oak habitat that has been
impacted by Brazilian pepper, and other upland preservation
connecting the scrub habitat to the flatwoods and the wetlands.
n
The uplands on site are divided between two major vegetative
communities. Pine flatwoods cover thirty-six plus acres with
the remainder of the uplands on site being scrub oak. The
EAB Meeting OCTOBER 1, 1997
PUD-82-29 (3) (The Retreat)
Page 4
scrub oak community was dominated by scrub live oak(Quercus
geminata) , rosemary (Ceratiola ericoides) , running oak (Quercus
pumila) and an occasional saw palmetto (Serenoa repens) and
grape vine (Cissus rhombifolia) . Adjacent to this relatively
non disturbed area was a scrub oak community which had
Brazilian pepper along the northern boundary and grape vine
covering a fair amount of the vegetation. These two nuisance
plants will be removed and this area this will be placed in a
preserve. Although the roadway appears to transect the scrub
oak areas it will be field located to go through an area which
was previously cleared and will cause very little scrub
vegetation to be removed.
Protected species surveys were conducted on site in accordance
with the Florida Game and Fresh Water Fish Commission
guidelines. The only protected species observed on site were
Gopher tortoise (Gopherus polyphemus) . Seventeen active and
inactive burrows were identified and mapped. The burrows were
found in the pine flatwoods and scrub oak areas . All tortoises
will be relocated into the scrub oak preserve.
VI. RECOMMENDATIONS:
Staff recommends approval of PUD 82-29 (3) "The Retreat" with
the following stipulations:
WATER MANAGEMENT:
Prior to final SDP approval, the petitioner shall obtain the
required SFWMD permit modification.
ENVIRONMENTAL:
1 . The following language shall be added the environmental
section of the PUD document, "This PUD shall comply with
the environmental sections of the Collier County Land
Development Code and Growth Management Plan conservation
and Coastal Management Element at the time of final
development order approval. "
EAB Meeting OCTOBER 1, 1997
PUD-82-29 (3) (The Retreat)
Page 5
2 . Add the following language to the end of Section 4 . 7 C of
the PUD document. "An exotic vegetation removal and
maintenance plan (CCLDC 3. 9. 6. 6. 5) shall be submitted, for
preserves within The Retreat PUD Tracts A, C and D, for
review and approval prior to preliminary acceptance for Tract
B. Exotic vegetation within tract B, including within all
preserve areas, shall be removed prior to preliminary
acceptance of Tract B. "
3. Petitioner shall amend the PUD Master Plan to show the
minimum 17 . 2 acres of native vegetation as required by the
CCLDC Section 3. 9. 5. 5 . 3. . Show all wetland preserves on the
PUD Master Plan as shown on the Conceptual Master Plan. Amend
the Legend to show acreages of these preserves .
4 . Make the following changes to the PUD document section 4 . 7 :
a. Under letter G there are three separate paragraphs. The
second one shall be labeled H and the third shall
be labeled I .
b. Add "J. Buffers shall be provided in accordance with
CCLDC Section 3.2 . 8 . 4 . 6. 3. . All Preserve areas shall
be recorded, by separate instrument, as conservation/
preservation tracts or easements dedicated to an
approved entity or to Collier County with no
responsibility for maintenance and subject to the uses
and limitations similar to or as per Florida Statutes
Section 704 . 06. Contact Collier County Real Property
Division if the conservation areas are to be dedicated
to Collier County. "
1
c. Add "K. A Gopher tortoise relocation/management plan
shall be submitted to Current Planning Environmental
Staff for review and approval. A copy of the approved
plan language shall be included on the final Site
Development Plan. "
d. Add "L. Environmental permitting shall be in accordance
with the state of Florida Environmental Resource Permit
rules and be subject to review and approval by Collier
County Current Planning Environmental Staff. Removal of
exotic vegetation shall not be counted towards
mitigation for impacts to Collier County wetlands. "
EAB Meeting OCTOBER 1, 1997
PUD-82-29 (3) (The Retreat)
Page 6
e. Add "M. 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 Collier County Current
Planning Environmental Staff. "
f. Amend F to read " . .approved by the NHRD Community
Development Division Collier County Current Planning
Environmental Staff. "
PREPARED BY:
i ZZ Soo 9 7
Stan Chrza dwski, P. E. Date
Senior Engineer
)Q.A2. z2-97
Barbara S . Burgeson 4 Date
Environmental Specialist II
REVIEWED BY:
9-22-9
Thomas E. Kuck, P. E. Date
Engineering Review Manager
22
Robert J. Mulhere, AICP Date
Current Planning Manager
COLLIER COUNTY GOVERNMENT
COMMUNITY DEVELOPMENT SERVICES DIVISION 2800 NORTH HORSESHOE DRIVE
NAPLES, FL 33942
(941) 643-8400
PLANNING SERVICES DEPARTMENT
CERTIFIED BLUE CHIP COMMUNITY
September 19, 1997
Hole, Montes & Associates
715 10th Street, South
Naples, Florida 34102
RE: Planned Unit Development No. PUD-82-29(3)
The Retreat at Naples
Section 9,Township 48 South,Range 25 East
Collier County, Florida
The referenced matter will be reviewed by the Environmental Advisory Board during its forthcoming
meeting scheduled for October 1, 1997. 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,
n Commissioners' Board Room.
It is recommended that you or your appointed representative be present at this meeting to answer any
questions the Environmental Advisory Board may have regarding your request.
Attached for your information is a copy of the Environmental Advisory Board'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.
VeryTruly s,
Stan Chrz. pg ski, P.E.
Senior Engineer
SC/pd/h:EAB Letters/PUD-82-29(3)EAB Notice of Meeting 10-1-97
Attachments
cc: Reading File