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EAC Agenda 04/03/1995 COLLIER COUNTY ENVIRONMENTAL ADVISORY BOARD AGENDA APRIL 3, 1995; 9: 00 a.m. COMMISSION BOARDROOM, THIRD FLOOR--ADMINISTRATION BUILDING I. ROLL CALL II. APPROVAL OF MINUTES--March 6, 1996 III. ADDENDA IV. CONSENT/ADMINISTRATIVE APPROVAL AGENDA V. REGULAR AGENDA A. Planned Unit Development Amendment Petition No. PUD-96-7 "College Park PUD" Section 22 , Township 50 South, Range 26 East Collier County, Florida VI. OLD BUSINESS VII. NEW BUSINESS VIII. ADJOURNMENT IX. WORKSHOP A. Wetlands Review and Mitigation Requirements *********************************************************************** NOTES: A. [Board Members] : Notify the PLANNING SERVICES DEPARTMENT (643-8400) no later than 5 P.M. on Monday April 1, 1995, 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. *********************************************************************** COLLIER COUNTY ENVIRONMENTAL ADVISORY BOARD AGENDA APRIL 5, 1995; 9: 00 a.m. COMMISSION BOARDROOM, THIRD FLOOR--BUILDING "F" I . ROLL CALL II . APPROVAL OF MINUTES--February 1, 1995 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. Planned Unit Development Petition No. PUD-95-2 "Bailey Lane PUD" Section 23 , Township 49 South, Range 25 East Collier County, Florida. VI . OLD BUSINESS VII . NEW BUSINESS VIII. ADJOURNMENT IX. WORKSHOP *********************************************************************** NOTES: A. [Board Members] : Notify the PLANNING SERVICES DEPARTMENT (643-8470) no later than 5 P.M. on Monday April 3, 1995, 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: April 5, 1995 TIME: 9 : 00 A.M. PLACE: 3rd Floor Boardroom, Administration Building, Collier County Government Center, Naples, Florida EAB STAFF PRESENT Hermanson Excused Absence Burgeson Hinchcliff X Chrzanowski X Foley X Kuck X Gore X Lenberger X Saadeh X Mulhere X Straton X Seal Wilkison X MINUTES BY: Steve Lenberger, Environmental Specialist II CALLED TO ORDER AT: 9 : 07 a.m. ADJOURNED AT: 9 : 15 a.m. PRESIDING: Christine Straton, Chairman ADDENDA TO THE AGENDA: None APPROVAL OF MINUTES: Motion made by Mr. Saadeh, seconded by Dr. Gore and carried 6/0, to approve minutes of February 1, 1995. Page 1 ENVIRONMENTAL ADVISORY BOARD APRIL 5 , 1995 ****** PETITION NO: Planned Unit Development, PUD-95-2 , "Bailey Lane PUD" FILED BY/FOR: Robert L. Duane of Hole, Montes & Associates, Inc. / Steve Loveless REOUESTING: The petitioner proposes to rezone and develop the parcel into a single family neighborhood with seventy-five residences located on approximately 25 acres at the west terminus of Bailey Lane in Naples, Florida. REPRESENTED BY: Robert L. Duane of Hole, Montes & 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 Dr. Gore, seconded by Mr. Foley and carried 5/0, to approve Petition PUD-95-2 with Staff's stipulations. Mr. Saadeh abstained from the vote. (See attached request for legal services. ) STIPULATIONS: Environmental: 1. Add the following language to the end of the paragraph in Section 9 . 1. , "Conservation areas (native habitat areas) shall be identified by survey and preserved on the plat documents by easement or tract. Setbacks from those tracts shall be in accordance with Section 3 . 2 . 8 .4 .7 . 3 of the Collier County Land Development Code. " 2 . Delete Sections 9 . 2 , 9 . 3 and 9 . 4 and replace them with the following statement: The PUD shall be in compliance with the 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 approval. 3 . Section 9 . 1 of the PUD document says that the PUD Master Plan proposes 4 . 75 acres of native habitat but the plan does not reflect this. The Proposed Land Usage Data chart shall be revised to identify the 4 . 75 acres of native habitat. Page 2 ENVIRONMENTAL ADVISORY BOARD APRIL 5, 1995 For the petitioner's edification the County landscape requirements are no longer 60%/60% as proposed in Section 9 . 3 . The current requirements went into effect several years ago (75% trees and a lower variable percentage for shrubs) and is standard language for PUD documents. ****** There being no further business, the meeting was adjourned by order of the Chair. Environmental Advisory Board Christine Straton, Chairman Page 3 ITEM DATE RECEIVED: . . II ; I i FTIF HO. : 1 / jv.,2 ROUTVA) TO: PD p090 Hig4 LINE- ('9/89) r • 1 DO NOT WRABOVE (orig. REQUEST FOR LEGAL SERVICES " Date: Apt 11 7 , 1995 `p • ry To: Office of the County Attorney, Attention: Heidi F. Ashton ,c From: Stephen Lenberger, Specialist II VV pEnvironmental eb,),,c )( PLANNING & TECHNICAL SERVICES SERVICES SECTION, Planning Services Department, Community Development Services Division. Re: Th,, Chairman of Environmental Advisory Board requests a legal opinion on the subject of abstaining from a vote due to a conflict of interest and whet exactly constitutes a conflict. BACKGROUTIO OF REQUEST/PROBLEM: The petitioner of a current project being heard by the Environmental Advisory Board, and boardmember Saadeh will be entering into a joint venture on another project in the future. Boardmember Saadeh asked if he had to abstain from voting on the current project in which he has no financial interest. This item has not been previously submitted. (If previously submitted provide County Attorney's Office file no. ) ACTION REQUESTED: Do you feel there is a conflict of interest requiring Boardmember Saadeh to abstain from voting. OTHER COMMENTS: Return to the attn. of EARLENE WEBER, PLANNING SERVICES DEPARTMENT (643-8470) cc: Jennifer J. Edwards, Acting Community Development Services Administrator 1 t� Ft r FORM 4 MEMORANDUM OF VOTING CONFLICT LAST NAME-FIRST NAME-MIDDLE NAME ^� n '7L) 1 ' liCWEL / _, " THE BOARD,WHICH 5 RVEOISAUINITOF:MISSION, AUTHORITY, OR COMMITTEE ON MAID [ADD S /�/ -- _ 1 8 ("../;;4116-,/,9,-& �-+ • 0 CITY je COUNTY ❑OTHER LOCAL AGENCY 0 STATE - `"k/`/! L.ES /"7__„.NT 32 ? 9 NAME OF POLITICAL SUBDIVISION OR STATE AGENCY -' DATE ON WHICH VOTE OCCURRED /9,, ./ c'/ 9lJ'R NAME OF-BOARD,COUNCIL,COMMISSION,AUTHORITY,OR COMMITTEE EIS/, iVHc'J 4c.- 4'00.:r ,,fie4 D. 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 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 iowingly 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 161357, 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 APe i(..- S . !9 /p, J-: (a) I abstained from voting on a matter which (check one): Ir.{ A cLosc � soAl�C. ' Zeis/A71.5.1" ,Ee&977iv,�lfi, or f W,T4 vr�1,✓F� o F 7'176, P,eaP&'Ty r- �'��/o�J inured to the special gain ofd.b...9J by whom I am retained. • CE FORM 4-REV,10-84 PAGE - (b) The measure on which I abstained and the nature of my interest in the measure is as follows: Date Filed Signatu e -,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 onanymatter. ll owever,.any statc officer who votes in capacity upon any measure which inures to his special private gain or the speial gain of any principal by whom he is retaineds his required z 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 I am retained. • (b) The measure on which I voted and the.nature of my interes, n the measure is as follows: Date Filed Signature Please see PART C below for instructions on when and where to file this form. 1 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 4I 12317(1983),A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAN 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. CE FORM 4-REV. 10.84 PAGE: Item V.A. ENVIRONMENTAL ADVISORY BOARD STAFF REPORT MEETING OF APRIL 5, 1995 I. NAME OF PETITIONER/PROJECT: Petition No. : Planned Unit Development Petition No. PUD-95-2 Petition Name: "Bailey Lane" Applicant/Developer: Steve Loveless Engineering Consultant: Robert L. Duane of Hole, Montes & Associates, Inc. Environmental Consultant: Geza Wass de Czege, Southern Biomes II. LOCATION: The subject property is located in Section 23 , Township 49 South, Range 25 East in Collier County Florida; bounded to the north by Hawks Ridge PUD, to the east by single family residences, to the south by RSF-4 zoning in Poinciana Village and to the west by Wilderness Golf Course. III. PROJECT DESCRIPTION: The petitioner proposes to rezone and develop the parcel into a single family neighborhood with seventy-five residences located on approximately 25 acres at the west terminus of Bailey Lane in Naples, Florida. Plan of Record: Water Management: Exhibit No. 1 - Master Plan for Bailey Lane PUD, prepared by Hole, Montes & Associates, dated January 1995 . Environmental: Environmental Impact Statement for Bailey Lane 25 Acre Tract, prepared by Southern Biomes dated 1/16/95 and Bailey Lane PUD document prepared by Hole, Montes & Associates, Inc. dated February 1995 . EAB Meeting 4/5/1995 PUD-95-2, "Bailey Lane" Page 2 IV. STAFF COMMENTS: Water Management: Plans received at this stage of review are usually conceptual in nature. Staff's only concern at this time is the route of the off-site runoff from the on site lake to the receiving water body. Environmental: The subject property consists of 16 . 9 acres of pine flatwoods, . 4 acres of herbaceous wetland, 1 . 8 acres which was a single family residence and the remainder of the property has been previously impacted or disturbed. No endangered or threatened species were observed on the property by either the environmental consultant or County staff. There will be . 4 acres of wetlands, 6 acres of altered uplands and 13 . 85 acres of naturally vegetated uplands unavoidably cleared and filled for the proposed development, leaving 4 . 75 acres of native habitat for retention. V. RECOMMENDATIONS: Staff recommends approval of Planned Unit Development Petition No. PUD-95-2 , "Bailey Lane PUD" with the following stipulations: Water Management: Covered by Section VIII of the rezone submittal. Environmental: 1. Add the following language to the end of the paragraph in Section 9 . 1. , "Conservation areas (native habitat areas) shall be identified by survey and preserved on the plat documents by easement or tract. Setbacks from those tracts shall be in accordance with Section 3 . 2 . 8 . 4 . 7 . 3 of the Collier County Land Development Code. " 2 . Delete Sections 9 . 2 , 9 . 3 and 9 . 4 and replace them with the following statement: The PUD shall be in compliance with the 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 approval . 3 . Section 9 . 1 of the PUD document says that the PUD Master Plan proposes 4 . 75 acres of native habitat but the plan does not reflect this. The Proposed Land Usage Data chart shall be revised to identify the 4 . 75 acres of native habitat. EAB Meeting 4/5/1995 PUD-95-2, "Bailey Lane" Page 3 For the petitioner' s edification the County landscape requirements are no longer 60%/60% as proposed in Section 9. 3 . The current requirements went into effect several years ago (75% trees and a lower variable percentage for shrubs) and is standard language for PUD documents. PREPARED BY: Stan Chrzanowski, P. E. Date Senior Engineer Barbara S. Burgeson Date Environmental Specialist II REVIEWED BY: '§a/nyiki P 3 - / � �5 Thomas E. Kuck, P. E. Date Engineering Review Services Manager / - Rort J. Mulhere, AICP Date Planning & Technical Services Manager COMMUNITY DEVELOPMENT SERVICES DIVISION PLANNING SERVICES DEPARTMENT MEMORANDUM TO: EAB Members Engineering Reviewers Environmental Reviewers FROM: Earlene M. Weber Senior Secretary / 4 " DATE: February 21, 1995 RE: March 1, 1995 EAB Meeting Please be advised the March 1, 1995 EAB meeting has been canceled. There were no petitions ready to be placed on this agenda. If you have any questions, please call me at 643-8400. ew/doc:8820 cc: Robert Mulhere, Planning & Technical Services Manager Thomas E. Kuck, P. E. , Engineering Review Services Manager Sue Buck, County Manager's Office Reading File EAB Correspondence File 03/27/95 15: 16 T21 813 262 3074 HOLE MONTES 4t001/001 FAX TRANSMITTAL =====__== HOLE, MONTES & ASSOCIATES, INC. Engineers, Planners & Land Surveyors 715 Tenth Street South Naples, Florida 33940 715 Building Phone: (813) 262-4617 DATE: 3/27/95 JOB NO. 82.00 C ' ►� FROM: Rhonnie Rychwalski RE: EAB - April 5, 1995 wrJirw r r ihrr �rrN�i,wrrwrr '` ni v' `: - There are a total of 1 pages on this transmittal including the cover sheet. If there is a problem transmitting or you do,not receive the number of pages indicated, please call the above number immediately. Remarks: Earlene, Per our telephone conversation, this memo is submitted to notify you that George Hermanson will not be able to attend the April 5 EAB meeting. He will be out of town attending an ecological seminar. If you have any questions, please call. Rhonnie Telefax Numbers: Main Office: (813) 262-3074 Utilities: (813) 262-6528 Accounting: (813) 262-0640 Bonita: (813) 992-2327 Gateway: (813) 561-7970 Ft. Myers: (813) 481-1015