EAC Agenda 07/07/1993 ENVIRONMENTAL ADVISORY BOARD
STAFF REPORT
MEETING OF JULY 7 , 1993
I. NAME OF PETITIONER/PROJECT:
Petition No. : ST-93-5
Petition Name: Single Family House and Associated
Structures
Applicant/Developer: Andrew B. Wolfe
Engineering Consultant: N/A
Environmental Consultant: Coastal Engineering Consultants
II. LOCATION:
Section 24 , Township 51 South, Range 25 East; a part of Lot 9,
South Naples Shores, and accreted land bounded on the north and
south by vacant lots owned by the petitioner, on the west by the
Gulf of Mexico, and on the east by Little Marco Pass and Little
Marco Island.
III. PROJECT DESCRIPTION:
The site consists of 11. 35± acres zoned A-ST (Rural Agricultural
with a special treatment overlay) on the southern end of Keewaydin
(Key) Island. The petitioner proposes to construct a single
family house, septic field, a dock into Little Marco Pass, and a
dune walkover to the beach along the Gulf of Mexico. Exotic
vegetation removal and dune restoration are also proposed. The
dock will require a boat dock extension petition, approved by the
Collier County Planning Commission, and the dune walkover and dune
restoration will require a Coastal Construction Setback Line
Variance approved by the Board of County Commissioners.
This petition meets the criteria of Collier County Land
Development Code Section 2 . 2 . 24 . 8 (2) for an ST exception, and
therefore, will be heard only by the EAB.
Plan of Record:
Site development plan for Andrew B. Wolfe, dated May 14 , 1993 and
vegetation map dated May 1991, prepared by Coastal Engineering
Consultants.
IV. STAFF COMMENTS:
The soil over the entire site is classified as Canaveral Beaches
Association, a non-hydric soil. The site is composed of several
biological communities. Coastal strand (4 . 96± acres) along the
Gulf of Mexico includes sea oats (Uniola paniculata) with some
inkberry (Scaevola spp. ) , prickly pear cactus (Opuntia spp. ) , and
railroad vine (Ipomoea pes-caprae) . A large portion of the
uplands (4 . 31± acres) consists of Australian pine (Casurarina
spp. ) with little or no midstory and understory.
EAB Meeting July 7 , 1993
ST-93-5
Page 2
The wetlands on-site include a 0. 74± acre pond and 1. 34± acres of
mangroves (Rhizophora mangle, Avicennia aerminans, Laguncularia
racemosa, and Conocarpus erectus) . Other than exotic removal, the
only impact to wetlands is the landward extent of the dock (0. 002±
acres) .
The impacts to uplands are in areas dominated by Australian pine
and include 0. 17± acres for the house, 0. 09± acres for the septic
system, 0. 05 acres for the beach path, and an additional 4 . 00±
acres of exotic removal.
The dune restoration will be carried out in conjunction with an
agreement dated May 26, 1989 between the petitioner and the
Florida Department of Natural Resources (FDNR) .
Several listed species occur in the vicinity of the project.
Least terns (Sterna antillarum) have been observed utilizing the
southern tip of the island for nesting. These birds are listed
as threatened by the Florida Game and Fresh Water Fish Commission.
No impacts are proposed in this area.
Atlantic loggerhead turtles (Caretta caretta caretta) are known to
utilize the beaches of Keewaydin Island for nesting. These
reptiles are listed as threatened by Florida Game and Fresh Water
Fish Commission and U. S. Fish and Wildlife Service. If dune
restoration occurs during nesting season, a Construction in a Sea
Turtle Nesting Area Permit with appropriate safeguards, shall be
obtained.
The brown pelican (Pelecanus occidentalis) , tri-colored heron
(Egretta tricolor) , and snowy egret (E. thula) are listed by
Florida Game and Fresh Water Fish Commission as species of special
concern. No significant impacts are expected to these birds.
Gopher tortoises (Gopherus polyphemus) are also listed as a
species of special concern by the Florida Game and Fresh Water
Fish Commission. If the dune restoration project proposes impacts
to the area of tortoise burrows, the petitioner shall comply with
applicable provisions of Collier County Land Development Code
Division 3 . 11.
V. RECOMMENDATIONS:
Staff recommends approval of Special Treatment Development Permit
Number St-93-5 with the following stipulations:
1. The petitioner shall obtain a Coastal Construction Setback
Line (CCSL) variance prior to any work (except exotic removal)
seaward of the CCSL. (CCLDC Division 3 . 13) Exotic removal
seaward of the CCSL shall be subject to Land Development Code
Division 3 . 13 , Section 3 . 13 . 7 and 3 . 13 . 7 . 4 .
EAB Meeting July 7, 1993
ST-93-5
Page 3
2 . The petitioner shall obtain approval for the boat dock
extension, prior to construction a dock over twenty (20) feet
in length. (CCLDC Section 2 . 6. 21)
3 . The petitioner shall obtain a vegetation removal permit for
the removal of exotic vegetation from the site. (CCLDC
Division 3 . 9)
4 . The petitioner shall be subject to the provisions of Collier
County Land Development Code Division 3 . 10 for any
construction, restoration, or grading which occurs within one
hundred (100) feet of a beach where sea turtles nest or may
nest.
5. The petitioner shall obtain approval from Florida Game and
Fresh Water Fish Commission prior to dune restoration in the
area of the gopher tortoise burrows. The petitioner shall
comply with Policy 7 . 3 . 5 of the Collier County Growth
Management Plan - Conservation and Coastal Management Element.
6. The petitioner shall obtain a Vehicle on the Beach Permit for
any construction or restoration on or seaward of the dune.
(CCLDC Division 3 . 14)
7 . Minor revisions to special treatment development permit
ST-93-5 (including changes in siting and structures) may be
approved, in writing, by the Site Development Review Director.
PREPARED BY:
-71114V 6 •/q• 53
Fred Regis . l Date
Environmental Specialist II
REVIEWED BY: /`)
il
,:arbara N. Pryn�iski Date
Chief Environmental Specialist
C‘46)
\ 6/44-)
Jo F. dajewsk P.E. Date
P ject Plan Revilar Manager
ENVIRONMENTAL ADVISORY BOARD
STAFF REPORT
MEETING OF JULY 7 , 1993
I. NAME OF PETITIONER/PROJECT:
Petition No. : CU-93-10
Petition Name: "East Naples Executive Golf Course"
Applicant/Developer: L. R. Brill
Engineering Consultant: Jack G. McKenna, P.E of Agnoli, Barber
and Brundage, Inc.
Environmental Consultant: Turrell and Associates, Inc.
II. LOCATION:
Section 17, Township 51 South, Range 27 East; generally bounded on
the south by U. S. 41 right-of-way, on the west by Trinity Place
(an improved street) and agricultural zoned lands, on the north
and east by undeveloped agricultural zoned land.
III. PROJECT DESCRIPTION:
The petitioner proposes to construct a golf course and associated
structures on lands zoned "A" through a conditional use request.
The site consists of approximately eighty-two (82) acres which
straddles E. Hamilton Road. There are seven (7) existing lakes on
this site and the petitioner proposes to incorporate these
features into the golf course. The petitioner proposes three
phases of construction - Phase I will consist of the first nine
(9) holes, maintenance building, pro shop, parking lot, mitigation
and lake improvements, and landscaping. Phase II will include the
back nine (9) holes and a cart storage building. Phase III will
comprise the clubhouse.
Plan of Record:
Water Management:
"Naples Executive Golf Course - Sheet 2 prepared by Agnoli, Barber
& Brundage, Inc. , dated May 3 , 1993 , no revisions.
Environmental:
Environmental Impact Statement for Naples Executive Country Club
prepared by Jami Ensor of Turrell and Associates, Inc. , dated May
1993 .
EAB Meeting 7/7/1993
CU-93-10, East Naples Executive Golf Course
Page 2
IV. STAFF COMMENTS:
Water Management:
The proposed golf course will require South Florida Water
Management District review, approval, and permit issuance. The
existing lakes will be improved to conform with the construction
standards of the Collier County Land Development Code (LDC) . The
site is within the U.S. 41 Outfall Swale No. 2 Basin which
discharges to the Miscellaneous Coastal Basin south of U.S. 41.
Peak discharge from the 25-year, 3-day storm event will be limited
to 0. 15 cfs/acre per Ordinance No. 90-10.
Environmental:
The eastern portion of the site has been previously cleared,
filled and/or excavated. Approximately thirteen (13) acres on the
western portion of the site contains approximately seven and one
half (7 . 5) acres of Collier County jurisdictional wetlands.
The majority of the site is vegetated by mowed grasses, wetland
plants around the excavations, and second growth slash pines. The
western thirteen (13±) acres is predominantly cypress and
pine/cypress with some upland saw palmetto islands. The
petitioner has proposed impacts to 3 . 85± acres of the 7. 5± acres
of wetlands. A proposed preserve area of approximately five (5)
acres will include wetlands and some uplands.
The petitioner has proposed to compensate for the impacts to
wetlands through a program of wetland restoration, creation, and
hydroperiod improvement. This work is proposed for the wetland
preserve area and for the lake littoral zones.
The previously impacted portion of the site contains non-hydric
soils (Urban land - Holopaw Basinger complex and Urban Land -
Immokalee Oldsmar limestone substratum complex) . The western 13±
acres contains Holopaw fine sand, a hydric soil.
A wildlife survey was conducted and a Little Blue Heron (Florida
caerulea) and a dead alligator (Alligator mississippiensis) were
reported by the consultant. Both animals are listed as species of
special concern by the Florida Game and Fresh Water Fish
Commission.
EAB Meeting 7/7/1993
CU-93-10, East Naples Executive Golf Course
Page 3
V. RECOMMENDATIONS:
Staff recommends approval of Conditional Use Petition No.
CU-93-10, "Naples Executive Country Club" with the following
stipulations:
Water Management:
1. The existing lakes shall be modified to conform with Division
3 . 5 of the Collier County Land Development Code.
2 . An Excavation Permit will be required in accordance with
Division 3 . 5 of Collier County Land Development Code and South
Florida Water Management District rules.
3 . A copy of South Florida Water Management District Permit or
Early Work Permit (with Staff Report) is required prior to
final site plan approval.
4 . In accordance with Section 3 . 2 . 8 . 4 . 7 . 2 of the Collier County
Land Development Code, a drainage easement of appropriate
width shall be created for the offsite conveyance ditch along
the entire eastern property line of this site. This easement
shall be wide enough to cover the limits of the ditch on the
subject property as well as an additional fifteen (15) feet as
measured from top of bank for maintenance purposes. This
easement shall be dedicated to Collier County with maintenance
responsibility and shall be recorded on the final plat or by
separate instrument as applicable. Appropriate access to this
required drainage easement shall be provided.
5. During the lake excavating operation, dewatering shall not be
permitted due to the site's proximity to the salinity line.
Additionally, an approved groundwater monitoring plan shall be
submitted with specific parameters, monitoring schedules,
proposed allowable variations, and contingency plan if
variables exceed their allowable limits. This plan shall be
reviewed and approved by Collier County Environmental Services
hydrologists prior to issuance of the excavation permit.
6. The existing ditch along the eastern property line shall be
cleaned out by the removal of vegetation and debris on the
portion of the ditch that is on the subject property.
EAB Meeting 7/7/1993
CU-93-10, East Naples Executive Golf Course
Page 4
Environmental:
1. Prior to final site development plan approval, the petitioner
shall submit a mitigation plan to Project Plan Review for
review and approval. The plan shall include, at minimum,
mitigation ratios, areas to be re-vegetated/restored, methods
of re-vegetation/restoration and timetables for evaluation of
success criteria.
2 . Prior to final site development plan or plat approval, the
petitioner shall record on the plat or in the Public Records
of Collier County a conservation easement over the preserve
and mitigation areas.
PREPARED BY:
Beau Keene, P.E.
Date
Senior Engin- -r
� 7
Fred Re' sc1 Date
Environm- tal Specialist II
REVIEWED BY:
0/„/ J- -;-
J'(ziy .- Adarmes, P.E. Date
Technical Services Supervisor
Barbara N. Prynoski Date
Chef Enviro en al Spec' list
`
/ 4A/143
J• ' n F. M dajewski! P.E. Date
P, 4ject Plan Revie Manager
Item V.C.
ENVIRONMENTAL ADVISORY BOARD
STAFF REPORT
MEETING OF JULY 7 , 1993
I. NAME OF PETITIONER/PROJECT:
Petition No. : Commercial Excavation 59 . 476
Petition Name: "Mustang Plantation"
Applicant/Developer: Lely Development Corporation
Engineering Consultant: Wilson, Miller, Barton & Peek, Inc.
II. LOCATION:
Sections 27 , 28 and 33 , Township 50 South, Range 26 East; a part
of Lely Resort generally situated in the southwest quadrant of the
planned unit development (PUD) .
III. PROJECT DESCRIPTION:
The project in question was originally approved as a Development
Excavation on June 14, 1993 , however a permit was not issued as
the petitioner elected to apply for a Commercial Excavation Permit
to allow the removal of fill from the site. The plat for this
project (aka Lely Resort Phase Nine) was approved by the Board of
County Commissioners on June 8 , 1993 .
This petition is to excavate fifteen (15) lakes comprising
approximately 55 acres of surface area at the control elevation.
The petitioner proposes to remove 400, 000 cubic yards of material
from the site with the balance of 470, 600 cubic yards remaining
on-site.
Plan of Record:
Water Management:
"Lely A Resort Community, Mustang Plantation Water Management"
prepared by Wilson, Miller, Barton & Peek, Inc. dated April, 1993 ,
two (2) revisions.
IV. STAFF COMMENTS:
Water Management:
The proposed lakes lie within Drainage Basins Al and A3 of the
master water management system of Lely Resort. The outfall for
Lely Resort is Henderson Creek via existing box culverts under
U. S. 41. The petitioner has an existing Construction and
Operation Permit from South Florida Water Management District for
the proposed improvements.
EAB Meeting 7/7/1993
Commercial Excavation 59 .476
Page 2
Environmental:
The environmental issues of this project were addressed during
the construction drawing and plat review process and were dictated
by the PUD document.
V. RECOMMENDATIONS:
Staff recommends approval of Commercial Excavation Permit No.
59 .476, "Mustang Plantation" with the following stipulations:
Water Management:
1. The excavation shall be limited to a bottom elevation of
(-) 8 . 5' NGVD for lakes 45, 49, 53 , and 55 and to (-) 7 . 6' NGVD
for the other proposed lakes. All disturbed areas proposed
for lake excavation shall be excavated to a minimum elevation
of (-) 4 . 5' NGVD for lakes 45, 49, 53 and 55 and to (-) 3 . 6'
NGVD for the other proposed lakes.
2 . Excavated material from the lakes shall not be removed from
the property until appropriate road impact fees, based on a
site specific impact statement to determine the lane impacts
per Ordinance 85-55, have been paid. Off-site removal of
material shall be subject to "Standard Conditions" imposed
by the Transportation Services Division in document dated
5/24/88 (copy attached) .
3 . The lake littoral zone shall be created and planted as
indicated on the Plan of Record.
4 . All provisions of Collier County Ordinance No. 92-73 , Division
3 . 5 shall be adhered to.
5. 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.
6. No blasting will be permitted unless issued a separate permit
by Collier County Project Plan Review.
7 . 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 before work shall commence.
EAB Meeting 7/7/1993
Commercial Excavation 59 . 476
Page 3
8 . A 20' maintenance easement shall be provided around the
perimeter of the lakes and a 20' access easement shall be
provided from a right-of-way. The easement shall be provided
to Collier County, however, maintenance will be provided by
the applicable homeowner's association.
PREPARED BY:
i7.
Beau E. Keene, P.E. Date
Senior Engineer
REVIEWED BY:
-,d-- 74Z--‹
J • 0 S--/?3
. y . Adarmes, P.E. Date
echnical Services Su,e, •ervisor
/
\ ,6A,„_&Cj , , , ;-'5
'gij
J n F. Madajewski, P,� Date
r ject Plan Review nager
COLLIER COUNTY TRANSPORTATION SERVICES
"STANDARD CONDITIONS"
EXCAVATION PERMIT APPLICATIONS INVOLVING
OFF-SITE REMOVAL OF MATERIAL
The intent of these "Standard Conditions" are to provide excavation
permit applicants a summary of conditions. which may affect their
projects and which should be taken into consideration during all
stages of project development:
1. Haul routes between an excavation site and an arterial road
shall be private with property owner(s) approval or be a public
collector road built to standards applicable to handle the
resulting truck traffic. Where residential areas front
collector roads, appropriate turn lanes, buffer. and bikepath
shall be required as minimal site improvements and if
recommended for approval, shall be so with the condition that
the Transportation Services Administration reserves the right
to suspend or prohibit off-site removal of excavated material
should such removal create a hazardous road condition or
substantially deteriorate a road condition; such action by the
Transportation Services Administration shall be subject to
appeal before the Board of County Commissioners.
2 . Haul routes utilizing public roads shall be subject to road
maintenance and road repair or an appropriate fair share by the
permittee in accordance with Excavation Ordinance No. 88-26 and
Right-of-Way Ordinance No. 82-91.
3 . Off-site removal of excavated material shall be subject to
Ordinance No. 85-55 (Road Impact Ordinance) . A traffic and
road impact analysis shall be made by the County to determine
the effects that off-site removalof excavated material will
have on the road system within the excavation project's zone of
influence. If appropriate, road impact fees in accordance with
Ordinance No. 85-55 shall be paid prior to the issuance of an
excavation permit.
4 .- The Transportation Services Administration reserves the right
to establish emergency weight limits on public roadways
affected by the off-site removal of excavated material; the
procedure f or establishment of weight limits shall be the
presentation of an applicable resolution before the Board of
County Commissioners. Should weight limits be instituted, the
permittee shall be responsible to implement measure to assure
that all heavy truck loadings leaving the permit's property
conform to the applicable weight restriction.
5 . The Excavation Performance Guarantee shall apply to excavation
operations and also the maintenance/repair of public roads in
accordance with current ordinances and applicable permit
stipulations.
• \ �. __
6. Based on soil boring information per Ordinance No. 88-26 •
blasting permit may be appropriate. Should a blastinge a
permit
application be submitted and should residential areasexistwithin one mile of the excavation site, the County reserves the
right to deny a blasting permit based on concerns for off-site
impacts from blasting at an excavation site.
Permit be considered and ae Should a blasting
minim
approval in addition to conditions per Ordinanceond88-12oareoas
follows:
A. Structure inventory/monitoring and applicable
property owner release as required by the County
Engineer.
B. Security bond applicable to private property damage
acceptable to the County.
C. Control of size/depth/number of charges per blast by
the County Engineer.
D. The right of the County to suspend and/or revoke
blasting permit authority should be determined that
blasting activities are creating unacceptable
off-site conditions either in terms of
property damage and/or related ects o f
Physical
blasting operations. effects of
7 . No excavation permit shall be issued until receipt of
release from the Transportation Services p a
applicable to Administration
meeting of applicablerprovismitiionsonofoOrdinance f tNo.
im - 1,
Ordinance No. 85-55, and Ordinance No. 88-12. 82-91,
doc. 2636
Reference to letter of 5/24/88
Revised 3/90 -
SRS/mh
COLLIER COUNTY
ENVIRONMENTAL ADVISORY BOARD AGENDA
JULY 7, 1993; 9: 00 a.m.
COMMISSION BOARDROOM, THIRD FLOOR--BUILDING "F"
I. ROLL CALL
II. APPROVAL OF MINUTES--June 2 , 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.
V. REGULAR AGENDA
A. Special Treatment Development Permit, ST-93-5
"Single Family House and Associated Structures"
Section 24 , Township 51 South, Range 25 East
Collier County, Florida
B. Conditional Use Petition No. CU-93-10
"East Naples Executive Golf Course"
Section 17, Township 51 South, Range 27 East
Collier County, Florida
C. Commercial Excavation Permit No. 59 . 476
"Mustang Plantation"
Sections 27 , 28 & 33 , Township 50 South, Range 26 East
Collier County, Florida
VI. OLD BUSINESS
VII . NEW BUSINESS
VIII . ADJOURNMENT
IX. WORKSHOP
***********************************************************************
NOTES:
A. [Board Members] : Notify PROJECT PLAN REVIEW (643-8470) no
later than 5 P.M. on Monday July 5, 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.
***********************************************************************
COMMUNITY DEVELOPMENT SERVICES DIVISION
PROJECT PLAN REVIEW SECTION
MEMORANDUM
TO: EAB Members
FROM: Beau E. Keene, P.E.
Senior Engineer
DATE: July 2 , 1993
RE: Petition No. CU-93-10
"East Naples, Executive Golf Course"
Section 17 , Township 51 South, Range 27 East
Collier County, Florida
The petitioner of the subject project requested changes to
Water Management Stipulations 4 and 5 of the EAB Staff
Report.
The changes to Stipulation 4 were requested to allow
flexibility to the ditch maintenance travelway requirement
which shall be subject to the review and approval of the
Collier County Water Management Department at the time of
Site Development Plan review.
The changes to Stipulation 5 were requested to allow for
dewatering during the lake excavation for blasting purposes
(The Stipulation of the EAB Staff Report did not allow
dewatering. ) Since this site is landward of the salinity
line, Project Plan Review is in agreement that dewatering may
be allowed subject to the conditions specified in the revised
Stipulation below.
Project Plan Review Staff has reviewed this request and is in
agreement with the following revised stipulations:
4 . In accordance with Section 3 . 2 . 8 . 4 . 7 . 2 of the Collier
County Land Development Code, a drainage easement of
appropriate width shall be created for the offsite
conveyance ditch along the entire eastern property line
of this site. This easement shall be wide enough to
cover the limits of the ditch on the subject property as
well as a maintenance travelway. The maintenance
travelway shall be a minimum of fifteen (15) feet as
measured from top-of-bank unless otherwise approved by
the Collier County Water Management Department at the
time of Site Development Plan review.
EAB Members
July 2 , 1993
Page 2
5 . If dewatering is proposed during the excavating
operation, the petitioner shall provide an adjacent well
survey within the influence of dewatering drawdown. The
survey shall include: location of wells, uses, depth,
withdrawal rate, and predicted effects the project will
have on surrounding wells. Petitioner shall address the
potential for saltwater intrusion prior to issuance of
the excavation permit.
Additionally, an approved groundwater monitoring plan
shall be submitted with specific parameters, monitoring
schedules, proposed allowable variations, and contingency
plan if variables exceed their allowable limits. This
plan shall be reviewed and approved by Collier County
Environmental Services hydrologists prior to issuance of
the excavation permit.
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.
BK/ew/doc: 6238
cc: Fred Reischl, Environmental Specialist II
Chrono File
MINUTES OF THE ENVIRONMENTAL ADVISORY BOARD
DATE: June 2 , 1993
TIME: 9 : 00 A.M.
PLACE: 3rd Floor Boardroom, Building "F" , Collier County
Government Center, Naples, Florida
EAB STAFF PRESENT
Branon Absent Adarmes X
Worsham X Prynoski X
Turrell X Reischl X
Neale X left 10: 00am Burgeson X
Saadeh X Seal X
Straton X Blanchard X
Hermanson X Keene X
Nino X
Milk X
MINUTES BY: Fred Reischl, Environmental Specialist II
CALLED TO ORDER AT: 9 : 10 a.m. ADJOURNED AT: 10: 30 a.m.
PRESIDING: Mr. George Hermanson, Chairman
ADDENDA TO THE AGENDA:
APPROVAL OF MINUTES: May 5, 1993 - Approved 6/0
Page 1
ENVIRONMENTAL ADVISORY BOARD June 2 , 1993
******
PETITION NO: PUD-93-2 , "Wilshire Lakes"
FILED BY/FOR: Dwight Nadeau of McAnly, Asher & Associates, Inc. ,
representing John N. Brugger, as Trustee
REQUESTING: The petitioner proposes to amend the Wilshire Lakes
PUD Document and rezone a 2 acre parcel and add it
to the Wilshire Lakes PUD Master Plan. The added
property will adopt a residential land use
description.
REPRESENTED BY: Dwight Nadeau of McAnly, Asher & 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. Turrell, seconded by Mr. Neale to and
carried 6/0, approve Petition No. PUD-93-2 with
Staff's stipulations.
STIPULATIONS:
Environmental:
1. The petitioner shall have as an attachment to the
PUD a map showing where the required twenty-five
percent (25%) of existing native vegetation will
be retained on site (48.5 acres existing native
vegetation shall be retained) .
2 . The petitioner shall revise Section 7 .9 of the
PUD:
Section 7.9 - A. Shall be revised to read: The
petitioner shall be subject to the Collier County
Land Development Code and Growth Management Plan
Conservation and Coastal Management Element at the
time of final development plan approval.
Section 7.9 - B. Shall be revised to read:
Forty-eight and one-half (481 ) acres (the
equivalent of twenty-five percent) of the existing
native vegetation on site shall be retained in all
three strata and platted with protective
Page 2
ENVIRONMENTAL ADVISORY BOARD June 2 , 1993
covenants. (See Exhibit "C") Should any of this
acreage be proposed for development, the
petitioner shall provide existing native
vegetation (like for like) in lieu of the
vegetation to be lost. This vegetation shall be
provided in areas not yet platted for development,
and shall be platted with protective covenants.
Section 7.9 - C. , D. , E. and I. shall remain as
proposed.
Section 7.9 - F. , G. H. shall be deleted.
******
PETITION NO: PUD-93-4 , "Saxon Manor Isles"
FILED BY/FOR: Butler Engineering, Inc. , representing Suncoast
Corporation
REQUESTING: The petitioner proposes to rezone approximately
twenty-one (21) acres of land into a planned unit
development (PUD) for Affordable Housing.
REPRESENTED BY: Gary Butler, Butler Engineering, 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. Neale, seconded by Ms. Straton and carried
5/0, to approve Petition No. PUD-93-4 with revised
stipulations. Mr. Worsham abstained from the vote.
STIPULATIONS:
Water Management:
1. An Excavation Permit will be required for the
proposed lake(s) in accordance with Division 3 .5
of Collier County Ordinance No. 92-73 and South
Florida Water Management District rules.
2 . A copy of South Florida Water Management District
Permit or Early Work Permit (with Staff Report)
shall be provided prior to Site Development Plan
approval.
Page 3
ENVIRONMENTAL ADVISORY BOARD June 2 , 1993
3. Landscaping shall not be placed within the water
management areas unless specifically approved by
Collier County Project Plan Review.
4. All off-site flow collection and routing
facilities shall be reviewed and approved by
Collier County Project Plan Review prior to Final
Site Development Plan approval.
5. Should the South Florida Water Management
District, or any other agency, during its review
process require significant changes be made to the
site plan and/or the water management facilities,
Collier County reserves the right to re-review the
project and have it heard by the Environmental
Advisory Board (EAB) .
6. This approval does not constitute agreement by the
County to any control elevation or discharge rate.
All agreements shall be made with South Florida
Water Management District.
7. Side slopes on ponds, berms, and swales shall not
be steeper than 4 :1, unless specific, separate
approval is obtained from Collier County Project
Plan Review.
8. As per Section 3.5.7.1. 1 of the Land Development
Code, the proposed lakes shall meet the one
hundred foot (100' ) setback requirement from the
access drives unless exceptions are requested and
supported with adequate documentation.
9. At the time of site development plan review, the
petitioner shall provide documentation on any
off-site drainage coming onto the site and provide
for its conveyance if applicable.
Environmental:
1. Amend the PUD Master Plan to show 2 .25 acres of
native habitat preserved. The legend currently
shows the northern area as Buffer X and not a
natural habitat area.
2 . The petitioner shall add an environmental section
to the PUD document stating that:
Page 4
ENVIRONMENTAL ADVISORY BOARD June 2 , 1993
A. The PUD shall be in compliance with the Collier
County Land Development Code environmental
sections and the Growth Management Plan -
Conservation and Coastal Management Element at the
time of final development order approvals.
B. Easements in accordance with the Collier County
Land Development Code shall be provided for all
protected/preserve areas required to be designated
on the preliminary and final subdivision plats or
in the case of site development plans recorded by
separate instrument. Any buildable lot or parcel
subject to or abutting a protected/preserve area
required to be designated on the plat or site
development plans shall have a minimum twenty-five
foot (25' ) setback from the boundary of such
protected/preserve area in which no principle
structure may be constructed. Further the
preliminary and final subdivision plats and site
development plans shall require that no
alteration, including accessory structures, fill
placement, grading, plant alteration or removal,
or similar activity shall be permitted within such
setback area without the prior written consent of
the Development Services Director; provided, in no
event shall these activities be permitted in such
setback area within ten feet (10' ) of the
protected/preserve area boundary. All required
easements for protected/preserve areas shall be
dedicated and the permitted uses shall be
established for said easement on the final
subdivision plat or site development plan.
C. A detailed re-vegetation plan for the northern
Natural Habitat Area ( .5 acres) shall be submitted
to Collier County Project Plan Review
Environmental Staff, for review and approval,
prior to or with the submission of the first
development order for this PUD. This plan shall
include at minimum, a time schedule for
commencement, monitoring and completion of the
work, a statement of guaranteed total
survivability, a summary of proposed plantings
(species, size, spacing, depths, planting
methodology, etc. ) and a statement guaranteeing
that at least . 5 acres shall successfully be
re-vegetated. A final site inspection by Collier
Page 5
ENVIRONMENTAL ADVISORY BOARD June 2 , 1993
County Environmental Staff shall be required to
verify successful re-vegetation. All
re-vegetation shall be completed per the criteria
of the aforementioned approved plan, prior to any
final certificate of occupancy being issued for
this first development order. All re-vegetation
shall be completed, with total guaranteed
survivability over a three year period.
Survivability shall be guaranteed by a bond
consistent with the bonding provisions for
landscaping pursuant to Section 2 . 4.3.5 of the
Land Development Code.
3. Development of the Collier County jurisdictional
wetlands shall be mitigated with upland
compensation at a minimum ratio of 1.5 to 1.
4. The petitioner shall revise Sections 3 . 4 .B. 1.e and
3.4.B.2 .a of the PUD document to reflect the
requirements and restrictions of stipulation 2 .B
of this staff report.
******
PETITION NO: PUD-92-13 , "Falling Waters"
FILED BY/FOR: Q. Grady Minor & Associates, P.A. , representing
Hubschman Associates
REQUESTING: The petitioner proposes to rezone 139± acres of land
from PUD and Estates to PUD. The Falling Waters PUD
consists of approximately 88 . 5 acres and was
approved by Ordinance No. 89-44 in July, 1989 . The
petitioner proposes to increase the gross acreage of
the previously approved Falling Waters PUD from
88 . 5± acres to 139± acres and to increase the number
of dwelling units from 490 to 694 .
REPRESENTED BY: Q. Grady Minor, Q. Grady Minor & Associates, P.A.
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.
Page 6
ENVIRONMENTAL ADVISORY BOARD June 2 , 1993
MOTION: Made by Mr. Saadeh, seconded by Ms. Straton and
carried 5/0, to approve Petition No. PUD-92-13 with
revised stipulations. Mr. Neale left meeting before
vote.
STIPULATIONS:
Water Management:
1. An Excavation Permit will be required for the
proposed lake(s) in accordance with Division 3.5
of Collier County Ordinance No. 92-73 and South
Florida Water Management District (SFWMD) rules.
2 . A copy of South Florida Water Management District
Permit or Early Work Permit (with Staff Report)
shall be provided prior to Site Development Plan
approval.
3. All off-site flow collection and routing
facilities shall be reviewed and approved by
Collier County Project Plan Review prior to Final
Site Development Plan or Construction Plans
approval.
4. Should the South Florida Water Management
District, or any other agency, during its review
process require significant changes be made to the
site plan and/or the water management facilities,
Collier County reserves the right to re-review the
project and have it heard by the Environmental
Advisory Board (EAB) .
5. This approval does not constitute agreement by the
County to any control elevation, discharge rate,
or outside inflow rate. All agreements shall be
made with South Florida Water Management
District.
6. A minimum ten foot (10' ) Drainage Easement shall
be created for the off-site conveyance swale
depicted on the PUD Conceptual Drainage Plan and
dedicated to Collier County with no responsibility
for maintenance. Justification that the proposed
swale will handle the runoff shall be provided in
order to determine the width of the easement. A
non-exclusive drainage easement shall be created
on areas already developed. The dedication shall
occur on the Final Plat.
Page 7
ENVIRONMENTAL ADVISORY BOARD June 2 , 1993
Environmental:
The following stipulations shall be incorporated
in the PUD document under Section 6. 10.
1. This planned unit development (PUD) shall be
subject to all environmental sections of the
Collier County Land Development Code and the
Growth Management Plan Conservation and Coastal
Management Element at the time of final
development order approvals.
2 . The PUD shall retain a minimum of 33.8 acres of
native vegetation. Since the acreage within
tracts T, U and V are being used to fulfill part
of the required acreage of retained native
vegetation, all previously cleared areas in these
tracts shall be re-vegetated with native
vegetation in all three strata. Shallow marshes
may be used towards the twenty-five percent (25%)
native vegetation requirement. Areas of deep
water bodies or lakes within these tracts shall
not be credited towards the native vegetation
retention requirement. A detailed re-vegetation
plan shall be submitted to Collier County Project
Plan Review Environmental Staff for review and
approval prior to or with the submission of the
first site development plan for tracts Q, R or S.
That plan shall include a time schedule and
criteria for commencement, monitoring and
completion of the re-vegetation, a statement of
guaranteed total survivability, a summary of the
acreages and descriptions of each different
vegetative community and the total number of acres
that will be re-vegetated to be credited towards
the twenty-five percent (25%) native vegetation
requirement. A final site inspection by Collier
County Environmental Staff shall be required to
verify successful re-vegetation. All
re-vegetation shall be completed, with total
guaranteed survivability over a three year period,
prior to any final certificate of occupancies
issued on tracts Q, R or S. Survivability shall
be guaranteed by a bond consistent with the
bonding provisions for landscaping pursuant to
Section 2 .4.3.5 of the Land Development Code.
Page 8
ENVIRONMENTAL ADVISORY BOARD June 2 , 1993
3. To satisfy the requirement of a twenty-five (25)
foot buffer around wetland preserves, a
non-exclusive easement or tract in favor of
Collier County, without any maintenance
obligation, shall be provided for all
"protected/preserve" areas required to be
designated on the preliminary and final
subdivision plats. Any buildable lot or parcel
subject to or abutting a protected/preserve area
required to be designated on the preliminary and
final subdivision plats shall have a minimum
twenty-five foot (25' ) setback from the boundary
of such protected/preserve area in which no
principle structure may be constructed. Further,
the preliminary and final subdivision plats shall
require that no alteration, including accessory
structures, fill placement, grading, plant
alteration or removal, or similar activity shall
be permitted within such setback area without the
prior written consent of the Development Services
Director; provided, in no event shall these
activities be permitted in such setback area
within ten feet (10' ) of the protected/preserve
area boundary.
4. Mitigation/compensation shall be provided in
accordance with Appendix 7 of South Florida Water
Management District, in each phase of construction
to mitigate the wetland, lost by that phase of
construction. Wetland monitoring and maintenance
programs will be required for each phase. An
eighty percent (80%) survivability of the
mitigation plantings shall be guaranteed over a
three (3) year period. Survivability shall be
guaranteed by a bond consistent with the bonding
provision for landscaping pursuant to Section
2 .4 .3.5 of the Land Development Code.
5. All parcels which constitute a protected/preserve
(which shall include the 33.8 acres of required
native vegetation) and mitigation areas shall be
labeled as an easement or tract with appropriate
protective covenants, and shall be dedicated on
the final plat to Collier County without the
responsibility of maintenance and to a property
owners association or similar entity with
maintenance responsibility.
Page 9
ENVIRONMENTAL ADVISORY BOARD June 2 , 1993
7. The petitioner shall conduct an updated survey for
red cockaded woodpecker foraging activity using
the procedures set forth in the document entitled
"Guideline for Preparations of Biological
Assessments and Evaluation for Red-Cockaded
Woodpeckers" (Henry, 1989) , on each phase of
development prior to any final development order
approval.
8. Prior to the removal of the three red cockaded
woodpecker cavity trees at the northwest corner of
the PUD as depicted on a map called Tract "I",
submitted on 10/23/92 by Q. Grady Minor and
Associates or to the encroachment into the
twenty-five foot (25' ) protective buffer
surrounding these trees, the petitioner shall
receive, in writing, confirmation from Florida
Game and Fresh Water Fish Commission stating that
they have no objections.
******
ITEM: Old Business
COMMENTS: Proposed consolidation of EAB and EPTAB was briefly
discussed.
*****
There being no further business, the meeting was adjourned by
order of the Chair.
Environmental Advisory Board
George Hermanson, Chairman
Page 10
Pr-
r- FORM 4 MEMORANDUM OF VOTING CONFLICT
LAST NAME-FIRST NAME-MIDDLE NAME
THE BOARD. COUNCIL,COMMISSION, AUTHORITY. OR COMMITTEE ON
r6�ci/r� �Y t C_. � . WHICH I SERVE ISA UNIT OF:
!LING ADDRESS _
1-r10 ! A �,/' '" • 0 CITY COUNTY 0 OTHER LOCAL AGENCY O STATE _
CITY COUNTY
TV P L. 5r L C U 111 g,2 NAME OF POLITICAL SUBDIVISION OR STATE AGENCY _ -
DATE ON WHICH VOTE OCCURRED C d Ll I E ^ -4
3L N,R, ,, I J9G3 y
NAME OF-BOARD,COUNCIL COMMISSION,AUTHORITY.OR COMMITTEE
vo(li ttKIT ( Nt/IkONIhVISdR.L/ c21.- c,ez1..( t
'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 are faced with a voting conflict of
interest.
As the voting conflict requirements for public officers at thelocal 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
OTING in an official capacity upon any measure which inures to his special private gain. Each local officer also is prohibited from
nowingly 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 J - Ne•-' a' , 19 9 3 •
(a) I abstained from voting on a matter which(check one):
inured to my special private gain; or
1------inured to the special gain of U7L119 /iv ///-e'er/—/iU
,by whom I am retained.
CEFORM 4-REV.1084 PAGE
(b) The measure on which I abstained and the nature of my interest in the measure is as follows: •
I' R
/6'Z/,0 y3—y J .S4,a-.ert/ G q/y�2
•
Date Filed � - 1''
__.
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. -_
I, the undersigned officer of a state agency, hereby disclose that on
(a) I voted on a matter which (check one):
•
inured to my special private gain; or _
inured to the special gain of
, by whom I am retained.
•
(b) The measure on which I voted and the.nature of my interes 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 FLORIDASTATUTES41123I7(1983),A FAILURE TOMAKEANYREQUIREDDISCLOSURECONSTITUTESGROUNDS FOR AND MAI:
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.
•
•
a FORM 4-REV. 1044
PAGE_