EIS Interpretation Request ITEM NO. : aJ Pts n oscu o
FILE NO. : r,t,
ROUTED TO: DEC
DO NOT WRITE ABOVE THIS LINE (orig. 9/ r9)
REQUEST FOR LEGAL SEw0GE
Date: 11/7/1991 4
To: Office of the County Attorney, Attention: DAVID C. WEIGEL C' G,
From: Barbara N. Prynoski, Chief Environmental Specialist
PROJECT REVIEW SERVICES SECTION, Development Services Department,
Community Development Services Division.
Re: Ordinance No. 91-68 (EAB Ordinance)
Section Six: Scope of Land Development Project Reviews
"The Environmental Advisory Board shall review all land development
petitions which require an Environmental Impact Statement. . .
BACKGROUND OF REQUEST/PROBLEM:
(Describe problem and give background information - be specific, concise, and
articulate) .
The EAB, on 11/6/1991, requested a legal interpretation of the above
subject. Are petitions, which meet the acreage threshold requiring an
environmental impact statement (EIS) (but qualify for an EIS waiver)
required to be presented before the EAB?
Copy attached.
(Are there documents or other information needed to review this matter? If yes,
attach and reference this information) .
This item has not been previously submitted.
(If previously submitted provide County Attorney' s Office file no. )
ACTION REQUESTED:
(Be very specific. Identify exactly what you need in the way of legal
services. )
Rendering of an interpretation. Are petitions which meet the criteria for
an EIS exemption per Collier County Land Development Code Division 3 .8
required to be heard by the EAB?
OTHER COMMENTS:
Return to the attn. of EARLENE WEBER, PROJECT REVIEW SERVICES (643-8470)
This interpretation is needed before the next EAB meeting of December 4, 1991.
cc: Frank Brutt, Community Development Services Administrator
ITEM NO. : DATE RECEIVED:
FILE NO. :
ROUTED TO:
DO NOT WRITE ABOVE THIS LINE (orig. 9/89)
REQUEST FOR LEGAL SERVICES
Date: 11/7/1991
To: Office of the County Attorney, Attention: DAVID C. WEIGEL
From: Barbara N. Prynoski, Chief Environmental Specialist
PROJECT REVIEW SERVICES SECTION, Development Services Department,
Community Development Services Division.
Re: Ordinance No. 91-68 (EAB Ordinance)
Section Six: Scope of Land Development Project Reviews
"The Environmental Advisory Board shall review all land development
petitions which require an Environmental Impact Statement. . .
BACKGROUND OF REQUEST/PROBLEM:
(Describe problem and give background information - be specific, concise, and
articulate) .
The EAB, on 11/6/1991, requested a legal interpretation of the above
subject. Are petitions, which meet the acreage threshold requiring an
environmental impact statement (EIS) (but qualify for an EIS waiver)
required to be presented before the EAB?
Copy attached.
(Are there documents or other information needed to review this matter? If yes,
attach and reference this information) .
This item has not been previously submitted.
(If previously submitted provide County Attorney' s Office file no. )
ACTION REQUESTED:
(Be very specific. Identify exactly what you need in the way of legal
services. )
Rendering of an interpretation. Are petitions which meet the criteria for
an EIS exemption per Collier County Land Development Code Division 3 . 8
required to be heard by the EAB?
OTHER COMMENTS:
Return to the attn. of EARLENE WEBER, PROJECT REVIEW SERVICES (643-8470)
This interpretation is needed before the next EAB meeting of December 4, 1991.
cc: Frank Brutt, Community Development Services Administrator
RECEIVED
DEC 3 0 r9
i
MEMORANDUM
` `'T REVIEW SERVICES
DATE: December 27, 1991
TO: Barbara N. Prynoski, Chief Environmental Specialist,
Development Services Department,
Community Development Services Division
FROM: David C. Weigel, Assistant County Attorney O
RE: RLS Item #DPR11089101, regarding the EAB Ordinance,
No. 91-68/EIS Issues
You have indicated that the Environmental Advisory Board has
requested a legal interpretation concerning its duties pursuant
to Collier County Ordinance No. 91-68, the EAB Ordinance, and
particularly, section 6 thereof, which provides that, "The
Environmental Advisory Board shall review all land development
petitions which require an Environmental Impact Statement. . . "
Specifically, the question is: "Are petitions which meet the
criteria for an EIS exemption per Collier County Land Development
Code Division 3 .8 required to be heard by the EAB?"
In response to the foregoing issue and questions, it is my
opinion that the language of Ordinance No. 91-68 should be
afforded the normal meaning of the words, taken in conjunction
with the requirements of the Collier County Land Development
Code, Division 3 . 8, as applicable. Section 3 . 8 . 3 of the Code
provides specific requirements when an environmental impact
statement shall be required prior to any type of building permit,
conditional use, zoning change, planting, development, site
alteration, etc. , shall occur to real property. Section 3 . 8. 9 of
the Code also provides for exemptions from the requirement of
providing an EIS, such exemptions being applicable to and
modifying the otherwise absolute requirement of an EIS pursuant
to Section 3 .8. 3 of the Code, which includes the acreage
threshold and other criteria. Therefore, any land development
petitions which do not require an environmental impact statement
pursuant to the Collier County Land Development Code, Section
3 .8.9 as applied to Section 3 . 8 . 3 , shall not be reviewed by the
Environmental Advisory Board pursuant to Ordinance No. 91-68,
absent other criteria which would bring such petitions before the
EAB.
Section Two of Ordinance No. 91-68 does provide for the EAB
to function as an environmental impact statement (EIS) appeal
board pursuant to Collier County Ordinance No. 77-66, which has
been superseded by the Land Development Code, Division 3 .8. In
this manner, the EAB shall still be involved with those land
development petitions/matters for which an appeal is triggered
pursuant to the provisions of The Collier County Land Development
Code, Division 3 .8.
I hope the forgoing information and opinion is of assistance
to you. If you should have any further questions in this regard,
please feel free to contact me.
cc: Kenneth B. Cuyler, County Attorney
John Madajewski
Stephanie Smith
dcw/js/3850