Loading...
EAC Agenda 10/06/1993 COLLIER COUNTY ENVIRONMENTAL ADVISORY BOARD AGENDA OCTOBER 6, 1993: 9: 00 a.m. COMMISSION BOARDROOM, THIRD FLOOR--BUILDING "F" I. ROLL CALL II. APPROVAL OF MINUTES-- September 1, 1993 III. ADDENDA 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 Board, that item(s) will be removed from the Consent Agenda and considered separately. A. Special Treatment Development Permit No. ST-93-11 "Hoolihan Single Family Residence" Section 1, Township 50 South, Range 26 East Collier County, Florida V. REGULAR AGENDA VI. OLD BUSINESS VII. NEW BUSINESS A. Introduction of New Members B. Election of Chairman and Vice-Chairman VIII. ADJOURNMENT IX. WORKSHOP *********************************************************************** NOTES: A. [Board Members] : Notify PROJECT PLAN REVIEW (643-8470) no later than 5 P.M. on Monday October 4, 1993, 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. *********************************************************************** MINUTES OF THE ENVIRONMENTAL ADVISORY BOARD DATE: September 1, 1993 TIME: 9: 00 A.M. PLACE: 3rd Floor Boardroom, Building "F" , Collier County Government Center, Naples, Florida EAB STAFF PRESENT Hermanson X Adarmes Neale Arrived 9: 05 Prynoski Saadeh X Reischl X Straton X Burgeson Turrell X Lenberger X Keene Seal X Madajewski X MINUTES BY: Fred Reischl, Environmental Specialist II CALLED TO ORDER AT: 9 : 00 a.m. ADJOURNED AT: 9 : 40 a.m. PRESIDING: George Hermanson, Chairman ADDENDA TO THE AGENDA: Discussion concerning Final SDP-90-69, Elysee Towers. APPROVAL OF MINUTES: Motion: made by Mr. Saadeh, seconded by Ms. Straton and carried 4/0, to approve August 4, 1993 . Page 1 ENVIRONMENTAL ADVISORY BOARD September 1, 1993 PETITION NO: Commercial Excavation Permit No. 59 . 410 "Collier Gro Nursery" FILED BY/FOR: Dave Wilkison, Wilkison & Associates, Inc. for Collier Enterprises REQUESTING: The petitioner proposes to obtain a commercial excavation permit to expand an earthmining operation that was initially permitted in October 1992 . The lake will be used as a reservoir for Collier Gro Nursery operations and the excavated material will be used as fill and roadway material for Collier Enterprises agricultural operations. REPRESENTED BY: Dave Wilkison, Wilkison & Associates, Inc. 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. MOTION: Made by Mr. Saadeh, seconded by Mr. Turrell and carried 5/0, to approve Commercial Excavation Permit No. 59.410 with modified stipulations. STIPULATIONS: Water Management: 1. The excavation shall be limited to a bottom elevation of 2 . 0 ft. NGVD. All disturbed areas proposed for lake excavation shall be excavated to minimum elevation of 11. 0 ft. NGVD. 2. The lake littoral zone shall be created and planted as indicated on the Plan of Record. No vegetation other than that approved for planting shall be used in the littoral zone. 3. All provisions of Collier County Ordinance No. 92-73, Division 3.5 shall be adhered to. 4. 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. 5. No blasting will be permitted unless issued a separate permit by Collier County Project Plan Review. Page 2 ENVIRONMENTAL ADVISORY BOARD September 1, 1993 6. If trees are to be removed as a result of the excavating operation, a Vegetation Removal Permit, required by Ordinance No. 92-73, Division 3.9 shall be obtained from Collier County Project Plan Review prior to issuance of the excavation permit. 7. A 20 foot maintenance easement shall be provided around the perimeter of the lake and a 20 foot access easement to it shall be provided. The easement shall be accessible to all maintenance vehicles. 8. Stockpiling shall be limited to those areas as shown on the plan. However, it will only be allowed in already cleared areas. 9. Revised plans shall be submitted prior to issuance of the excavation permit depicting stockpiling details which will include a minimum the following: a) Volume of stockpile b) Erosion controls c) Typical cross-section showing 4: 1 maximum slope d) Height of stockpile. If higher than four feet (4' ) fencing is required. e) Stabilization by seed and mulch These requirements are in advance of the "Safety Ordinance". 10. Off-site removal of material shall be subject to "Standard Conditions" imposed by the Transportation Services Division in document dated 5/24/88 (attached) . 11. Copy of South Florida Water Management District permit modification shall be provided prior to issuance of Excavation Permit. 12 . No Excavation Permit shall be issued until road impact fee has been paid. 13. The earthmining activity must remain in conjunction with and accessory to the agricultural development of the land. ****** Page 3 ENVIRONMENTAL ADVISORY BOARD September 1, 1993 PETITION NO: Preliminary SDP-93-73 , "Lake Avalon" FILED BY/FOR: Karen Bishop, KaDtastic for Signature Communities, Inc. REOUESTING: The petitioner proposes seven (7) single family structures and thirty-one (31) twelve unit buildings, recreational facilities, and a preserve. The development will incorporate the existing 63± acre lake into the project. REPRESENTED BY: Karen Bishop, KaDtastic 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. MOTION: Made by Ms. Straton, seconded by Mr. Saadeh and carried 4/0, to approve Petition Preliminary SDP-93-73 with modified (one additional stipulation) stipulations. Mr. Turrell abstained from the vote. STIPULATIONS: Water Management: 1. The lake shall meet development excavation standards in accordance with Division 3.5 of Collier County Ordinance No. 92-73 and South Florida Water Management District rules. A lake cross-section shall be provided on final site development plan. The entire lake must be a part of Phase I. 2 . A copy of South Florida Water Management District Permit or Early Work Permit is required prior to final site development plan approval. 3. Detailed water management plans and calculations, signed and sealed by a Florida Professional Engineer shall be provided. 4. 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. The easement shall be accessible to all maintenance vehicles. Page 4 ENVIRONMENTAL ADVISORY BOARD September 1, 1993 5. Legal documentation allowing discharge conveyance through the existing offsite drainage ditch shall be provided prior to final site development plan approval. Documentation shall be in the form of a drainage easement of adequate size to handle the discharge. Environmental: 1. Petitioner shall, on the plat, indicate the preserve area as a tract, pursuant to Collier County Land Development Code Section 3.2.8.4.7 (3) . 2 . Petitioner shall submit a management plan for the preserve area pursuant to Collier County Land Development Code Section 3.9.5.3. This management plan shall also indicate that exotic removal within one hundred feet (100' ) of the gopher tortoise burrow(s) shall be non-mechanized. The plan shall also indicate the planting/monitoring schedule for the mitigation area. 3. Prior to final site development plan approval, a note on the site plan shall indicate that all exotic vegetation, as defined by County code , shall be removed from the site, and that the property owner shall be responsible for subsequent annual exotic removal. (CCLDC 3.9. 6.6.5) 4. Prior to final site development plan approval, a site clearing plan shall be provided to include: - Site clearing fee - Limits of clearing - Method of barricading to be used around the preserve and other areas of vegetation to remain. - A statement that barricades will remain in place until completion of construction. (CCLDC 3.9. 6.4.4) 5. A note on the site plan shall indicate that pursuant to Collier County Land Development Code Section 3.12 .7, no applicable County permits shall be issued for areas impacting wetlands prior to issuance of state or federal permits. 6. If the one (1) acre scrub area on south side cannot be preserved, vegetation shall be incorporated into other areas on site, where feasible. ****** Page 5 ENVIRONMENTAL ADVISORY BOARD September 1, 1993 PETITION NO: Final SDP-90-69, Elysee Towers FILED BY/FOR: Karen Bishop, KaDtastic for DBA Development REQUESTING: EAB approval pursuant to Ordinance No. 84-42 (Marco Shores PUD) REPRESENTED BY: Karen Bishop, KaDtastic 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. MOTION: Made by Ms. Straton, seconded by Mr. Neal and carried 4/0, that Board agrees with Staff's stipulations and Staff will have the authority to administratively approve Petition Final SDP-90-69 subject to conditions in Final Site Development Plan application. Mr. Turrell abstained from the vote. OLD BUSINESS ITEM: Discussion of term expirations. COMMENTS: Mr. Madajewski, Project Plan Review Manager has received a letter of resignation from Dr. Bill Branon. Mr. Branon has accepted a position in Arizona. This means that there are four seats to fill on the Environmental Advisory Board. Two members' terms are expiring, Mr. Neale's and Ms. Straton's. Members will be appointed to complete the terms of Mr. Worsham and Dr. Branon. ****** ITEM: Election of Vice-Chairman. MOTION: Made by Ms. Straton, seconded by Mr. Neal and carried 4/0, to elect Mr. Turrell as Vice-Chairman. ****** There being no further business, the meeting was adjourned by order of the Chair. Environmental Advisory Board George Hermanson, Chairman Page 6 rr FORM 4 MEMORANDUM OF VOTING CONFLICT LAST NAME-FIRST NAME-MIDDLE NAME r (( T THE BOARD, COUNCIL,COMMISSION. AUTHORITY, OR COMMITTEE ON . t c� 6G1 ` cl(7N E\ WHICH I SERVE IS A UNIT OF: MAILING ADDRESS ((�� // S 4 Lx cc, rz ! e o CITY l_O,COUNTY D OTHER LOCAL AGENCY 0 STATE COUNTY �� P P(2 S �(R ?,?q I(Z (cel P ! NAME OF POLITICAL SUBDIVISION OR STATE AGENCY DATE ON WHICH VOTE OCCURRED � Il ( 93 NAME OFBOARD,COUNCIL.'COMMISSION,AUTHORITY,OR COMMITTEE EAS WHO MUST FILE FORM 4 This form is for use by any person serving ori 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. • 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 C -'T S , 19 : (a) I abstained from voting on a matter which (check one): inured to my special private gain; or inured to the special gain of I l e A_ 2 , by whom 1 am retained. CE FORM 4-REV. 10.84 PAGE / i (b) The measure on which I abstained and the nature of my interest in the measure is as follows: • Date Filed Signature Please sec 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 L to disclose the nature of his interest as a public record in Part B below 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 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 STATUTESQI 12317(1983),A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS 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. I CE FORM 4-REV. 10-84 PAGE: FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS LAST NAME-FIRST NAME-MIDDLE NAME NAME OF BOARD.COUNCIL,COMMISSION.AUTHORITY.OR COMMITTEE ADDRESS THE BOARD.COUNCIL.COMMISSION.AUTHORITY.OR COMMITTEE ON MA. .0 AADWHICH I SERVE IS A UNIT OF:. g 14 c)( LGA A .3 Gee V CI't Y : COUNTY !'OTHER LOCAL AGENCY COUNTY CITY NAME OF POLITICAL SUBDIVISION: DATE ON WHI H V'OLE OCCURRED MY POSITION IS: ,� � X ( I ( /ELECTIVE APPOINTIV E_ WHO MUST FILE FORM 8B This form is for use by any person serving at the county,city,or other local level of government on an appointed or elected board, i council,commission,authority, or committee. It applies equally to members of advisory and non-advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes. The requirements of this law are mandatory; although the use of this particular form is not required by law, you are encouraged to use it in making the disclosure required by law. Your responsibilities under the law when faced with a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.1143, FLORIDA STATUTES ELECTED OFFICERS: • A person holding elective county, municipal,or other local public office MUST ABSTAIN from voting on a measure which inures to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the special gain of a principal (other than a government agency) by whom he is retained. In either case, you should disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the minutes of the meeting, who should incorporate the form in the minutes. APPOINTED OFFICERS: A person holding appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the special gain of a principal (other than a government agency) by whom he is retained. A person holding an appointive local office otherwise may participate in a matter in which he has a conflict of interest, but must disclose the nature of the conflict before making any attempt to influence the decision by oral or written communication, whether made by the officer or at his direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: .ou should complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting, who will incorporate the form in the minutes. • A copy of the form should be provided immediately to the other members of the agency. • The form should be read publicly at the meeting prior to consideration of the matter in which you have a conflict of interest. IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: • You should disclose orally the nature of your conflict in the measure before participating. • • You should complete the form and file it within 15 days after the vote occurs with the person responsible for recording the mils of the meeting, who should incorporate the form in the minutes. DISCLOSURE OF LOCAL OFFICER'S INTEREST I, ��`� ( �r�Q ( ( , hereby disclose that on ( . 19 13 (a) A measure came or will come before my agency which (check one) inured to my special private gain; or -inured to the special gain of C y Se e ( c w Gr'S , by whom I am retained_ (b) The measure before my agency and the nature of my interest in the measure is as follows: L" Y S e e ( p S 421-10 -0,--> M e c,CT411 • // 3 Date Filed Signatu `• NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317 (1985), A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS 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 $5,000. CE FORM a8. 10-86 oar-. ENVIRONMENTAL ADVISORY BOARD STAFF REPORT MEETING OF OCTOBER 6, 1993 I. NAME OF PETITIONER/PROJECT: Petition No. : ST-93-11 Petition Name: "Hoolihan Single Family Residence" Applicant/Developer: Dudkewic Construction & Development Company, Inc. Environmental Consultant: Marco Espinar II. LOCATION: The parcel is located in Section 1, Township 50 South, Range 26 East; bounded on all four sides by agriculturally zoned parcels. III. PROJECT DESCRIPTION: The subject property is a five (5) acre parcel zoned A/ST on Benfield Road. The petitioner proposes construction of a driveway, single family stilt residence and septic system, with alterations limited to approximately 4 . 5% of the site. Plan of Record: Environmental: Environmental Statement prepared by Marco Espinar, dated 9/24/93 . IV. STAFF COMMENTS: Environmental: The subject property is a relatively pristine wetland system which has been drained slightly by swales along the easterly and southerly boundaries. Evidence of shallow standing water (a couple of inches) was observed by Marco Espinar, environmental consultant and Barbara Burgeson (staff) on portions of the property. The vegetative community is made up of cypress (Taxodium Spp. ) , slash pine (Pinus elliottii) , melaleuca (Melaleuca quinctuenervia) , dahoon holly (Ilex cassine) , palmetto (Serenoa repens) , wax myrtle (Myrica cerifera) , myrsine (Myrsine floridana) and swamp bay (Persea borbonea) . The petitioner proposes to place the home in an area which has a thick stand of melaleuca. The driveway shall be field located to reduce impacts to existing native wetland vegetation. The petitioner proposes to clear only the necessary area for a septic system and well but reserves the right to clear for a small yard and/or garden. Since the owner proposed impacts that are insubstantial, less than ten percent of the site, this petition qualifies for an exception and administrative approval per Collier County Land Development Code Section 2 . 2 . 24 . 8 . EAB Meeting 10/6/1993 ST-93-11 Page 2 V. RECOMMENDATIONS: Staff recommends approval of Special Treatment Development Permit No. ST-93-11 with the following stipulations: Environmental: 1. Total site alterations shall be limited to no greater than one half acre. Any further alterations will require a separate Special Treatment (ST) Development Permit and shall be required to be heard and approved by the Environmental Advisory Board, Collier County Planning Commission and the Board of County Commissioners. 2 . The petitioner shall field adjust the driveway to minimize impacts to native wetland vegetation on site. PREPARED BY: 1/4/3 a.,haA 94,77/93 Barbara S. Burgesoal Date Environmental Specialist II REVIEWED BY: �,) 4 , '� c//2 7/�7 3 Barbara N. PrynOski Date Chief Environmental Specialist a�,. ,1.1 John F. Madajewski, 'P.E. Dat Project Plan Review Manager