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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 *************************************************************************** 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