EAC Agenda 10/04/1995 COLLIER COUNTY
ENVIRONMENTAL ADVISORY BOARD AGENDA
OCTOBER 4, 1995; 9: 00 a.m.
COMMISSION BOARDROOM, THIRD FLOOR--ADMINISTRATION BUILDING
I. ROLL CALL
II. APPROVAL OF MINUTES--September 6, 1995
III. ADDENDA
IV. CONSENT/ADMINISTRATIVE APPROVAL AGENDA
V. REGULAR AGENDA
A. Planned Unit Development Petition No. PUD-95-8
"Northshore Lake Villas PUD"
Section 21, Township 48 South, Range 25 East
Collier County, Florida (Continued from 9/6/95 meeting. )
B. Commercial Excavation Permit No. 59 . 522
"Quail West Ltd. "
Section 8, Township 48 South, Range 26 East
Collier County, Florida
C. Conditional Use Petition No. CU-95-14
"Ferguson's Driving Range"
Section 26, Township 48 South, Range 26 East
Collier County, Florida
D. Rezone Petition No. R-95-6
"Dayton Johnson Rezone"
Sections 13 & 24, Township 53 South, Range 29 East
Collier County, Florida
VI. OLD BUSINESS
VII. NEW BUSINESS
A. Discussion on County Water Management Plan submittal
requirements.
VIII. ADJOURNMENT
IX. WORKSHOP
***********************************************************************
NOTES:
A. [Board Members] : Notify the PLANNING SERVICES DEPARTMENT
(643-8470) no later than 5 P.M. on Monday, October 2, 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: September 6, 1995
TIME: 9 : 00 A.M.
PLACE: 3rd Floor Boardroom, Administration Building, Collier
County Government Center, Naples, Florida
EAB STAFF PRESENT
Hermanson X Burgeson X
Hinchcliff Absent Chrzanowski X
Foley X Kuck X
Gore Exc. Absence Lenberger X
Saadeh X Mulhere X
Straton X Seal X
Wilkison Exc. Absence
MINUTES BY: Stephen Lenberger, Environmental Specialist II
CALLED TO ORDER AT: 9: 05 a.m. ADJOURNED AT: 11: 00 a.m.
PRESIDING: Christine Straton, Chairman
ADDENDA TO THE AGENDA:
Workshop on Collier County Land Development Code amendments and
County littoral planting requirements.
APPROVAL OF MINUTES: August 2 , 1995
Motion made by Mr. Hermanson, seconded by Mr. Saadeh and carried
4/0, to approve minutes of August 2 , 1995.
Page 1
ENVIRONMENTAL ADVISORY BOARD SEPTEMBER 6, 1995
******
REGULAR AGENDA:
PETITION NO: Planned Unit Development Petition No. PUD-95-8,
Northshore Lake Villas PUD
This item was continued to the next meeting due to
the lack of a quorum.
******
PETITION NO: Planned Unit Development Petition No. PUD-95-5
Airport Plaza PUD
FILED BY/FOR: Michael Fernandez of Agnoli, Barber & Brundage, Inc.
REOUESTING: The parcel is approximately eleven (11. 4) acres of
undeveloped land proposed for residential,
commercial and preservation uses. Ninety-five
percent (95%) of the designated wetland system will
be preserved under a conservation easement.
REPRESENTED BY: Michael Fernandez of Agnoli, Barber & Brundage,
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. Hermanson, seconded by Mr. Foley and
carried 4/0, to approve Petition PUD-95-5 with
stipulations.
STIPULATIONS:
Water Management:
1. Section 6. 7 of the PUD document, the second
sentence, shall be revised to read "A copy of
South Florida Water Management District (SFWMD)
Permit or Early Work Permit with staff report is
required prior to development plan approval. "
Environmental:
1. The following language shall be added to the PUD
document Section 6. 9:
Page 2
ENVIRONMENTAL ADVISORY BOARD SEPTEMBER 6, 1995
The wetland preserve shall be placed under a
conservation easement pursuant to Collier County
Land Development Code Section 3 . 2 .8.4 .7 . 3 and
shall require appropriate setbacks as described
therein.
******
OLD BUSINESS:
Hideaway Beach Update
NEW BUSINESS:
Review and recommendation of applicants to fill upcoming vacancy
on EAB.
MOTION: Made by Mr. Saadeh, seconded by Mr. Hermanson to
recommend Blair A. Foley be re-appointed. There were
three affirmative votes, therefore no quorum and no
official action could be taken.
******
WORKSHOP:
Collier County Land Development Code amendments and County
littoral planting requirements.
Public Speakers:
Bran Cornell, representing Collier County Audubon Society.
Fran Stallings, representing Florida Wildlife Federation.
Comments:
Chairman Straton requested that water management plan submittal
requirements be discussed under New Business at the next EAB
meeting (October 4, 1995) .
There being no further business, the meeting was adjourned by
order of the Chair.
Environmental Advisory Board
Christine Straton, Chairman
Page 3
COLLIER COUNTY
ENVIRONMENTAL ADVISORY BOARD AGENDA
OCTOBER 4, 1995; 9: 00 a.m.
COMMISSION BOARDROOM, THIRD FLOOR--ADMINISTRATION BUILDING
I. ROLL CALL
II. APPROVAL OF MINUTES--September 6, 1995
III. ADDENDA
IV. CONSENT/ADMINISTRATIVE APPROVAL AGENDA
V. REGULAR AGENDA
A. Planned Unit Development Petition No. PUD-95-8
"Northshore Lake Villas PUD"
Section 21, Township 48 South, Range 25 East
Collier County, Florida (Continued from 9/6/95 meeting. )
B. Commercial Excavation Permit No. 59 . 522
"Quail West Ltd. "
Section 8 , Township 48 South, Range 26 East
Collier County, Florida
C. Conditional Use Petition No. CU-95-14
"Ferguson's Driving Range"
Section 26, Township 48 South, Range 26 East
Collier County, Florida
D. Rezone Petition No. R-95-6
"Dayton Johnson Rezone"
Sections 13 & 24 , Township 53 South, Range 29 East
Collier County, Florida
VI. OLD BUSINESS
VII. NEW BUSINESS
A. Discussion on County Water Management Plan submittal
requirements.
VIII. ADJOURNMENT
IX. WORKSHOP
***********************************************************************
NOTES:
A. [Board Members] : Notify the PLANNING SERVICES DEPARTMENT
(643-8470) no later than 5 P.M. on Monday, October 2, 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: October 2, 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
Gore X Lenberger X
Saadeh X Mulhere X
Straton X Seal X
Wilkison X Arnold X
MINUTES BY: Stephen Lenberger, Environmental Specialist II
CALLED TO ORDER AT: 9: 00 a.m. ADJOURNED AT: 10: 00 a.m.
PRESIDING: Christine Straton, Chairman
ADDENDA TO THE AGENDA: None
APPROVAL OF MINUTES: September 4 , 1995
Motion made by Mr. Saadeh, seconded by Mr. Foley and carried 6
/0, to approve minutes of September 4 , 1995.
Page 1
ENVIRONMENTAL ADVISORY BOARD October 2 , 1995
******
PETITION NO: Planned Unit Development Petition No. PUD-95-8
"Northshore Lake Villas PUD"
FILED BY/FOR: Blair A. Foley of Coastal Engineering Consultants,
Inc. /Northshore Lake Villas, Inc.
REQUESTING: Northshore Lake Villas is a proposed residential
community consisting of fifty-four (54) villa units,
single family estate, recreational pool area and
gate house.
REPRESENTED BY: Blair A. Foley of Coastal Engineering
Consultants, 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 Ms. Straton, seconded by Mr. Wilkison and
carried 5/0, to approve Petition PUD-95-8
with amended stipulations. Mr. Foley abstained from
the vote.
STIPULATIONS:
Water Management:
1. In accordance with the Rules of the South Florida
Water Management District (SFWMD) , Chapters 40E4
and 40E-40, this project shall be designed for a
storm event of 3-day duration and 25-year return
frequency.
2 . An Excavation Permit will be required for the
proposed lake in accordance with Division 3 .5 of
Collier County Ordinance No. 92-73 and SFWMD
rules.
3 . Offsite drainage from the south shall be routed
through the project's storm water management
system.
Environmental:
1. Amend Section 2 . 2 (A) of the PUD document to read
as follows by adding the underlined language.
Page 2
ENVIRONMENTAL ADVISORY BOARD October 2 , 1995
Regulations for development of Northshore 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 Collier County
Growth Management Plan - Conservation and Coastal
Management Element in effect at the time of local
final development order or building permit
application. Where these PUD regulations fail to
provide development standards, then the provisions
of the most similar district in the Collier County
Land Development Code shall apply.
2 . Amend Section 2 . 2 (B) of the PUD document to read
as follows by adding the underlined language.
Unless otherwise noted, the definitions of all
terms shall be the same as the definitions set
forth in Collier county Land Development Code in
effect at the time of local final development
order or building permit application.
3 . Amend Section IV of the PUD document to read as
follows by adding the underlined language and
deleting the struck through language.
SECTION IV
OPEN SPACE TRACTS
TRACTS G, H, 47 K, L, M, N
4 . 1 PURPOSE
The purpose of this section is to set forth the
development plan and development standards for the
areas designed as Tract B, and Tract R, Tracts G,
H, K, L, M, and N, Open Space, on the PUD Master
Plan, Exhibit "A" . The primary function and
purpose of this tract is to provide lake, open
space, and recreational facilities. If any
vegetation is remove within Tracts H, K, L, M or
N, it shall be provided elsewhere within the PUD
to maintain the required twenty-five percent (25%)
retained native vegetation. All native vegetation
has been preserved and protected whcrc possible.
4 . Amend Section 6. 7 of the PUD document to read as
follows by adding the underlined language and
deleting the struck through language.
Page 3
ENVIRONMENTAL ADVISORY BOARD October 2 , 1995
If gopher tortoise burrows (active, inactive
and/or abandoned) are located on site, they shall
be indicated on the Site Development Plan or
Preliminary Subdivision Plat and field verified by
Collier County Project Review Services Planning
and Technical Services Environmental Staff.
Management plans and/or permits from Florida Game
and Fresh Water Fish Commission (if appropriate)
shall be submitted to Project Review Services
Planning and Technical Services Environmental
Staff for review and approval. Management plans
shall be in compliance with Section 3 . 11. 3 . 1 of
the Collier County Land Development Code. Areas
of retained native vegetation may serve as
potential gopher tortoise relocation areas, if
applicable.
The conservation/preserve tract shall be recorded
on a rcplat the plat or by a separate easement in
favor of Collier County with no responsibility for
maintenance and subject to protective covenants as
per or similar to Chapter 704 , Section 704 . 06 er
of the Florida Statues Statutes.
******
PETITION NO: Commercial Excavation Permit No. 59 . 522
"Quail West Ltd. "
FILED BY/FOR: Terry Cole, P. E. , Hole, Montes & Associates, Inc. /
Quail West Phase III Golf Course
REQUESTING: The petitioner proposes to excavate eight lakes
within Quail West Phase III Golf Course Development
located in the Quail West PUD. All of the lakes
have been issued a Development Excavation Permit.
REPRESENTED BY: Terry Cole, P. E. , 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 Mr. Saadeh, seconded by Mr. Foley and
carried 6/0, to approve Petition Commercial Excavation
59 . 522 with Staff's stipulations.
STIPULATIONS:
Water Management:
Page 4
ENVIRONMENTAL ADVISORY BOARD October 2 , 1995
1. The excavation shall be limited to a bottom
elevation of +0. 75 ft. NGVD. All disturbed areas
proposed for lake excavation shall be excavated to
a minimum elevation of +3 .75 ft. NGVD.
2 . 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 . In order to ensure a minimum eighty percent (80%)
coverage of littoral zone planting areas, a
performance guarantee, based on a cost estimate to
replace the original installed littoral zone
plants, will be required upon completion and
acceptance of the excavation (Land Development
Code 3 . 5. 7 . 2 . 5) .
5. All provisions of Collier County Ordinance No.
91-102 , as amended, Division 3 . 5 shall be adhered
to.
6. 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
Engineering Review Services for approval prior to
the commencement of any dewatering activity on the
site.
7 . No blasting will be permitted unless issued a
separate permit by Collier County Engineering
Review Services.
8 . If trees are to be removed as a result of the
excavating operation, a Vegetation Removal Permit,
required by Land Development Code, Division 3 .9
shall be obtained from Collier County Planning &
Technical Services before work shall commence.
9 . Prior to final inspection, documentation shall be
provided showing length of littoral zone for each
lake.
10. No excavation permit shall be issued until road
impact fees have been paid.
******
Page 5
ENVIRONMENTAL ADVISORY BOARD October 2 , 1995
PETITION NO: Conditional Use Petition No. CU-95-14
"Ferguson's Driving Range"
FILED BY/FOR: Blair A. Foley, Coastal Engineering Consultants,
Inc. /Kristal Ferguson
REQUESTING: The petitioner proposes to construct a golf driving
range with forty (40) tees, putting green, pro shop,
maintenance building and preserve area.
REPRESENTED BY: Blair A. Foley, Coastal Engineering Consultants,
Inc. and Ken Passeral, Kevin L. Erwin Consulting
Ecologists, 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. Wilkison, seconded by Mr. Saadeh and
carried 5/0, to approve Petition CU-95-14 with Staff's
stipulations. Mr. Foley abstained from the vote.
STIPULATIONS:
Water Management:
1. A copy of the South Florida Water Management
District (SFWMD) surface water management permit
be presented to Collier County Development review
prior to site development plan approval.
Environmental:
1. Permits or letters of exemption from the U. S. Army
corps of Engineers (ACOE) and South Florida Water
Management District (SFWMD) shall be presented
prior to final site development plan approval.
2 . The 2 . 79 acre jurisdictional wetland area on the
south side of the property and mitigation areas
shall be recorded 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. The tracts or easements shall be
indicated on all future site plans noting Official
Record Book and Page of the public records.
Page 6
ENVIRONMENTAL ADVISORY BOARD October 2 , 1995
3 . All proposed mitigation for wetland impacts to
Collier County jurisdictional wetlands shall
comply with Appendix 7 of the South Florida Water
Management District (SFWMD) rules and be subject
to review and approval by Planning & Technical
Services Environmental Review Staff.
4 . Buffer zones which extend at least fifteen (15)
feet landward from the edge of wetland preserves
in all places and average twenty-five (25) feet
from the landward edge of wetland preserves shall
be required.
5. An exotic vegetation removal, monitoring, and
maintenance (exotic-free) plan for the site, with
emphasis on the conservation/preservation areas,
shall be submitted to Planning & Technical
Services Environmental Review Staff for review and
approval prior to final site plan/construction
plan approval.
******
PETITION NO: Rezone Petition No. R-95-6
"Dayton Johnson Rezone"
FILED BY/FOR: Dayton Johnson
REQUESTING: The petitioner proposes to rezone approximately one
acre of land from A-ACSC/ST to RSF-3-ACSC/ST in
Plantation Island, Florida.
REPRESENTED BY: Fred Golden
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. Foley, seconded by Mr. Wilkison and
carried 6/0, to approve Petition R-95-6 with
stipulations.
STIPULATIONS:
Environmental:
1. Upon approval, this rezone is subject to a
forty-five (45) day appeal period by the Florida
Department of Community Affairs pursuant to
Chapter 9J-1 of the Florida Statutes.
Page 7
ENVIRONMENTAL ADVISORY BOARD October 2 , 1995
2 . The petitioner shall be required to obtain a
special treatment development permit prior to
issuance of a building permit.
******
OLD BUSINESS:
A. Hideaway Beach update presented by Wayne Arnold, Planning
Services Director
******
NEW BUSINESS:
A. Discussion on County Water Management Plan submittal
requirements.
B. Everglades Private Airboat Tours (CU-92-16) update
Staff was directed to provide a copy of the monitoring reports
or present a summary for the members at the next EAB meeting.
C. Noxious exotic plants - discuss consistency between City and
County ordinances at next EAB meeting. Possibly amend Collier
County Land Development Code during the next amendment cycle.
D. Elect new Chairman and Vice Chairmain at next EAB meeting.
After researching the Collier County Land Development Code it
was found the terms of the Chairman and Vice Chairman are from
October 1 - September 30.
There being no further business, the meeting was adjourned by
order of the Chair.
Environmental Advisory Board
Christine Straton, Chairman
Page 8
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<.ST NAME—FIRST NAME—MIDDLE NAME THE BOARD. COUNCIL,COMMISSION. AUTHORITY. OR COMMITTEE ON
WHICH I SERVE IS A UNIT OF:
BAILING ADDRESS �r�
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TY COUNTY,
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.4AME OF-BOARD.COUNCIL.COMMISSION.AUTHORITY.OR COMMITTEE E .
-F-N V, A DV O S o oc), (E--AB)
WHO MUST FILE FORM 4
ibis 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. •
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., thost 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).]
l lie 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
gcncy 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.
VOTE: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 must be made.
l /
L
I, the undersigned local public officer, hereby disclose that on , t9 1> -
(a) I abstai
ned from voting on a matter which (check one):
v inured to my special private gain; or
inured to the special gain of , by whom I am retained.
I.FORM 4-REV. 10-8a
PAGE
•
(b) The measure on which I abstained and the nature of my interest in the measure is as follows:
C — q S _r L! — 1 f1 n^ A C Z Cr--17- Ti-t 4.9
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
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 sec 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
t c filed merely to indicate the absence of a voting conflict.
NOTICE:UNDER PROVISIONS OF FLORIDA STATUTES¢!!23!7(1983).A FAILURETO MARE ANY REQUIRED DISCLOSURECONSTITUTESGROUNDS 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. 1044 PAGE
FUKM 4 MbMUF1H$vvUIVI yr v v I I$'4 a 11.v1vr>L.11/4. I
QST NAME—FIRST NAME—MIDDLE NAME THE BOARD. COUNCIL,COMMISSION. AUTHORITY. OR COMMITTEE ON
7:3L A ��L WHICH I SERVE ISA UNIT OF:
.4 AILING ADDRESS _
/ c j j L-'(!YS ( OvC 0 CITY .r}COUNTY 0 OTHER LOCAL AGENCY 0 STATE
CITY COUNTY
1\1N, C( - c NAME OF POLITICAL SUBDIVISION OR STATE AGENCY Cc. (i(_(i
AT WHICH VOTE OCCURRED7
/G; / 4 ( 9 , I�
-.AME OF-BOARD,COUNCIL COMMISSION,AUTHORITY.OR COMMITT E
I
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 statc 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) P RIO R 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 161356 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 must be made.
i ` 1 ,, , 19 �S
I, the undersigned local public officer, hereby disclose that on
(a) 1 abstained from voting on a matter which (check one):
inured to my special private gain; or
inured to the special gain of , by whom 1 am retained.
PAGE
_E FORM a.REV. 10-81
(b) The measure on which I abstained and the nature of my interest in the measure is as follows: 11
lav — c i S —8 S A!v� A C � IS T (C. l�f jQ Lc
•
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. Howevcr,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 , 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 sec 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*112317(1983).A FAILURE TO MAKE ANY REQUIRED DISCLOSURECONSTITUTESGROUNDS 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.
FORM 4-REV. 1044 PAGE_
Item V.B.
ENVIRONMENTAL ADVISORY BOARD
STAFF REPORT
MEETING OF OCTOBER 4, 1995
I. NAME OF PETITIONER/PROJECT:
Petition No. : Commercial Excavation Permit No. 59 . 522
Petition Name: Quail West Ltd.
Applicant/Developer: Quail West Phase III Golf Course
Engineering Consultant: Terry Cole, P. E. , Hole, Montes &
Associates, Inc.
II. LOCATION:
Section 8, Township 48 South, Range 26 East; bounded on the south
by Quail Creek PUD; on the north by Quail West Phase II; on the
east by The Parklands PUD; and on the west by Quail West Phase I.
III. PROJECT DESCRIPTION:
The petitioner proposes to excavate eight lakes within Quail West
Phase III Golf Course Development located in the Quail West PUD.
All of the lakes have been issued a Development Excavation Permit.
A Commercial Excavation permit for the lakes has been applied for,
for the purpose of removing excess excavated material from the
site. Maximum lake depth allowed will remain at twelve feet, that
depth permitted for the Development Excavation.
The total surface area of the lakes is 50. 4 acres. The petitioner
proposes to ultimately remove 50, 000 cubic yards of material from
the site with a balance of 710,400 cubic yards remaining on-site.
Road impact fees will be paid prior to permit issuance.
Plan of Record:
Water Management:
The Plan of Record for this excavation is titled Quail West Phase
III Golf course Construction "Lake Excavation Area Summary" , Sheet
4 of 6 prepared by Hole, Montes & Associates dated January 4,
1995, one revision.
EAB Meeting 10/4/1995
EX 59.522
Page 2
IV. STAFF COMMENTS:
Water Management:
The surface water management system for the Quail West Phase III
Golf Course consists of 8 lakes, a control structure, perimeter
berm, and storm sewers. The lakes will provide the required water
quality and quantity storage volumes. The storm sewers and
overland flow will convey run-off to the lakes.
The post-development discharge rate for the project will be equal
to 0. 04 cfs/acre per collier County Ordinance No. 90-10. The
project will discharge via a control structure into Quail West
Phase I abutting to the east, which discharges into the canal
adjacent to Quail Creek PUD to the south and eventually into the
Immokalee Road Canal.
The project has received a surface water permit from the South
Florida Water Management District (SFWMD) .
Environmental:
Environmental issues were addressed during the site development
plan review process.
V. RECOMMENDATIONS:
Staff recommends approval of Commercial Excavation Permit No.
59.522 "Quail West Phase III Golf Course" with the following
stipulations:
Water Management:
1. The excavation shall be limited to a bottom elevation of +0.75 ft.
NGVD. All disturbed areas proposed for lake excavation shall be
excavated to a minimum elevation of +3 .75 ft. NGVD.
2 . 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 . In order to ensure a minimum eighty percent (80%) coverage of
littoral zone planting areas, a performance guarantee, based on a
cost estimate to replace the original installed littoral zone
plants, will be required upon completion and acceptance of the
excavation (Land Development Code 3 .5. 7 . 2 . 5) .
EAB Meeting 10/4/1995
EX 59.522
Page 3
5. All provisions of Collier County Ordinance No. 91-102 , as amended,
Division 3 . 5 shall be adhered to.
6. 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
Engineering Review Services for approval prior to the commencement
of any dewatering activity on the site.
7. No blasting will be permitted unless issued a separate permit by
Collier County Engineering Review Services.
8. If trees are to be removed as a result of the excavating
operation, a Vegetation Removal Permit, required by Land
Development Code, Division 3 .9 shall be obtained from Collier
County Planning & Technical Services before work shall commence.
9. Prior to final inspection, documentation shall be provided showing
length of littoral zone for each lake.
10. No excavation permit shall be issued until road impact fees have
been paid.
PREPARED BY:
•S 'ee �S1 Date
Senior Engineer
Stephen Lenberger Date
Environmental Specialist II
REVIEWED BY:
Thotas E. Kuck, P.E. Date
Engineering Review Services Manager
Rdert J. Mulhere, AICP Date
Planning & Technical Services Manager
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. 92-73 and
Right-of-Way Ordinance No. 82-91.
3 . Off-site removal of excavated material shall be subject to
Ordinance No. 92-22 (Road Impact Ordinance) . A traffic and
road impact analysis shall be made by the County to determine
the effects that off-site removal of 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. 92-22 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 for 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. 92-73, a
blasting permit may be appropriate. Should a blasting permit
application be submitted and should residential areas exist
within 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. Should a blasting
permit be considered and approved, the minimum conditions of
approval in addition to conditions per Ordinance No. 92-73 are
as follows:
A. Structure inventory/monitoring and applicable property
owner release as required by the Development Services
Director.
B. Security bond applicable to private property damage
acceptable to the County.
C. Control of size/depth/number of charges per blast by
the Development Services Director.
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 private property damage
and/or related physical effects of blasting
operations.
7 . No excavation permit shall be issued until receipt of a
release from the Transportation Services Administration
applicable to proper mitigation of off-site impacts,
meeting of applicable provisions of Ordinance No. 82-91,
Ordinance No. 92-22 , and Ordinance No. 92-73 .
Reference to letter of 5/24/88
Revised 12/92
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Item V.C.
ENVIRONMENTAL ADVISORY BOARD
STAFF REPORT
MEETING OF OCTOBER 4, 1995
I. NAME OF PETITIONER/PROJECT:
Petition No. : Conditional Use Petition No. CU-95-14
Petition Name: Ferguson's Driving Range
Applicant/Developer: Kristal Ferguson
Engineering Consultant: Blair A. Foley, Coastal Engineering
Consultants, Inc.
Environmental Consultant: Kevin L. Erwin, Kevin L. Erwin
Consulting Ecologist, Inc.
II. LOCATION:
The subject property is located on the south side of Immokalee
Road, immediately east of Pelican Nursery in Section 26, Township
48 South, Range 26 East, Collier County, Florida.
III. PROJECT DESCRIPTION:
The petitioner proposes to construct a golf driving range with
forty (40) tees, putting green, pro shop, maintenance building and
preserve area.
Plan of Record:
Water Management:
"Conditional Use Site Plan" dated July 1995, prepared by Coastal
Engineering Consultants, Inc.
Environmental:
Ferguson's Driving Range Environmental Impact Statement prepared
by Kevin L. Erwin Consulting Ecologist, Inc. , dated August 1995.
IV. STAFF COMMENTS:
Water Management:
Impervious area is minimal when compared to overall site area.
Water management will not be a problem.
EAB Meeting 10/4/95
CU-95-4, Ferguson's Driving Range
Page 2
Environmental:
The entire property is basically a pine flatwoods with varying
amounts of melaleuca and cypress situated on the site. The
majority of vegetation consists of slash pine (Pinus elliottii) ,
melaleuca (Melaleuca quinquenervia) , cypress (Taxodium sp. ) , red
bay (Persea sp. ) , myrsine (Myrsine floridana) , saw palmetto
(Serenoa repens) , swamp fern (Blechnum serrulatum) , saw grass
(Cladium iamaicense) and Brazilian pepper (Schinus
terebinthifolius) . In general ground covers were sparse and
difficult to observe due to recent flooding events. The entire
parcel excluding the road right-of-way was covered with
approximately a foot of standing water.
Approximately 4 . 04 acres of Collier County jurisdictional wetlands
occur on the property as determined by the South Florida Water
Management District (SFWMD) . A total of 0. 63 acres of these
wetlands will be impacted by the proposed project.
No listed wildlife species were found by the petitioner on the
subject property. The U. S. Fish and Wildlife Service (USFWS) and
Florida Game and Fresh Water Fish Commission (FGFWFC) have
documentation of listed wildlife species within the project area.
Correspondence from both agencies are included in the
Environmental Impact Statement (EIS) .
A review of the Historical/Archaeological Probability Maps for
Collier County indicate no archaeological or historical sites to
be located within the project area. Correspondence from the State
of Florida, Division of Historical Resources indicate no
archaeological sites or historical standing structures to be
located on the subject property.
V. RECOMMENDATIONS:
Staff recommends approval of Conditional Use Petition No.
CU-95-14 , Ferguson's Driving Range with the following
stipulations:
Water Management:
1. A copy of the South Florida Water Management District (SFWMD)
surface water management permit be presented to Collier County
Development review prior to site development plan approval.
Environmental:
1. Permits or letters of exemption from the U. S. Army corps of
Engineers (ACOE) and South Florida Water Management District
(SFWMD) shall be presented prior to final site development
plan approval.
EAB Meeting 10/4/95
CU-95-4, Ferguson's Driving Range
Page 3
2 . The 2 . 79 acre jurisdictional wetland area on the south side of
the property and mitigation areas shall be recorded 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. The
tracts or easements shall be indicated on all future site
plans noting Official Record Book and Page of the public
records.
3 . All proposed mitigation for wetland impacts to Collier County
jurisdictional wetlands shall comply with Appendix 7 of the
South Florida Water Management District (SFWMD) rules and be
subject to review and approval by Planning & Technical
Services Environmental Review Staff.
4 . Buffer zones which extend at least fifteen (15) feet landward
from the edge of wetland preserves in all places and average
twenty-five (25) feet from the landward edge of wetland
preserves shall be required.
5. An exotic vegetation removal, monitoring, and maintenance
(exotic-free) plan for the site, with emphasis on the
conservation/preservation areas, shall be submitted to
Planning & Technical Services Environmental Review Staff for
review and approval prior to final site plan/construction plan
approval.
PREPARED BY:
Stan Chrzanowski, P. E. Date
Senior Engineer
T / r
Stephen Lenberger Date
Environmental Specialist II
REVIEWED BY:
' (;/?-6"0141.4 1/J/S-
-2o - 9�
Thomas E. Kuck, P.E. Date
Engineering Review Services Manager
Re .= t J. Mulhere, AICP Date
Planning & Technical Services Manager
FORM 4 MEMORANDUM OF VOTING CONFLICT
LAST NAME—FIRST NAME—MIDDLE NAME
THE BOARD, COUNCIL,COMMISSION, AUTHORITY, OR COMMITTEE ON
! t { I -1 ', ,'` a' ' WHICH I SERVE ISA UNIT OF:
MAILING ADDRESS
t 1< �.)6 0 CITY , COUNTY 0 OTHER LOCAL AGENCY 0 STATE
i CI COUNTY
:`•. ( �_ '> r NAME OF POLITICAL SUBDIVISION OR STATE AGENCY
i DATE ON WHICH VOTE OCCURRED I �
C. l4 /
A
NAME OF-BOARD,COUNCIL,COMMISSION,AUTHORITY,OR COMMITTEE
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. •
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)1
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 must be made.
i. , , •
I, the undersigned local public officer, hereby disclose that on { . 19
(a) I abstained from voting on a matter which (check one):
�nured to my special private gain; or
inured to the special gain of , by whom I am retained.
1
CE FORM 4-REV. 1044 PAGE
/
(b) The measure on which I abstained and the nature of my interest in the measure is as follows:
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.
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 1 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§112.317(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 S5.000.
EFORM4-REV. 1044 PAGE:
Item V.D.
ENVIRONMENTAL ADVISORY BOARD
STAFF REPORT
MEETING OF OCTOBER 4, 1995
I. NAME OF PETITIONER/PROJECT:
Petition No. : Rezone Petition No. R-95-6
Petition Name: "Dayton Johnson Rezone"
Applicant/Developer: Dayton Johnson
II. LOCATION:
Located on the north end of Plantation Island in Sections 13 and
24, Township 53 South, Range 29 East, Collier County, Florida.
III. PROJECT DESCRIPTION:
The petitioner proposes to rezone approximately one acre of land
from A-ACSC/ST to RSF-3-ACSC/ST in Plantation Island, Florida.
IV. STAFF COMMENTS:
Water Management:
Should the subject parcel be subdivided Staff will complete it's
review for water management during the construction plan review
process.
Environmental:
The subject property was inspected on February 16, 1994 when the
adjoining parcel of land was rezoned from A-ACSC/ST to MH-ACSC/ST
(Sam Colding Rezone Petition No. R-94-1) .
Like the adjoining parcel, the subject property has been
previously altered and was created during filling operations
performed in the 1950s when Plantation Island was created. The
parcel is surrounded on three sides by canals and to the east by
the Sam Colding property.
Vegetation on site is primarily exotic and dominated by Brazilian
pepper (Schinus terebinthifolius) , guava (Psidium guajava) , guinea
grass (Panicum maximum) and various roadside grasses. Other
vegetation included salt bush (Baccharis spp. ) , seashore paspalum
(Paspalum distichum) , sedges (Cyperus sp. ) , sweet broom (Scoparia
dulcis) , Spanish needles (Bidens alba) , gray nicker bean
(Caesalpinia Bonduc) , cissus vine (Cissus sp. ) , Virginia creeper
(Parthenocissus quinquefolia) and cassia (Cassia coluteoides) .
Mangroves are also present along the edge of the property on the
side of the canal.
EAB Meeting 10/4/1995
R-95-6
Page 2
V. RECOMMENDATIONS:
Staff recommends approval of Rezone Petition No. R-95-6, "Dayton
Johnson Rezone" with the following stipulations:
Environmental:
1. Upon approval, this rezone is subject to a forty-five (45) day
appeal period by the Florida Department of Community Affairs
pursuant to Chapter 9J-1 of the Florida Statutes.
2 . The petitioner shall be required to obtain a special treatment
development permit prior to issuance of a building permit.
PREPARED BY:
t 1
Stephen Lenberger Date ry
Environmental Specialist II
REVIEWED BY:
1r n 20 95'
Thomas . P.E. Dat
Kuck,
Engineering Review Services Manager
g/2 / -
Robertto.4si,�
J. Mulhere, AICP
Planning & Technical Services Manager
ew/doc:9845
COMMUNITY DEVELOPMENT SERVICES DIVISION
PLANNING SERVICES DEPARTMENT
MEMORANDUM
TO: EAB Members
FROM: Earlene M. Weberp.,fi
Senior Secretary
DATE: August 30, 1995
RE: September 6, 1995 EAB Meeting
Chris Straton, EAB Chairman, has asked me to remind you to be
prepared to discuss the proposed Collier County Land Development Code
Amendments which were handed out at the August EAB meeting.
ew/doc:9748
cc: EAB File
Chrono File