Agenda 09/10/2013 Item #16A41 9/10/2013 16.A.41 .
EXECUTIVE SUMMARY
Recommendation to authorize identified Growth Management Plan (GMP) amendments and
provide concurrence with an individual planning initiative.
OBJECTIVE: To seek authorization from the Board of County Commissioners (Board)
regarding staff identified GMP-amendments and Board majority support for a planning initiative
related to the local regulations for oil wells
CONSIDERATIONS: In 2013, the Board approved the final set of EAR-based amendments
related to the 2011 EAR. During the preparation of those amendments, additional necessary
GMP amendments were identified by staff as needed to: achieve compliance with State
regulations, correct grammatical mistakes, incorrect references or implement newly required
regulations throughout the various elements of the GMP. Attached to this executive summary
(Exhibit "A") is a list of staff identified GMP amendments. Within the list, the identified
amendments are prioritized; classified as either corrective (addressing incorrect references,
grammatical errors or omissions, ect) or regulatory (providing updated or new regulatory
policies, objectives, or initiatives); as well as providing for the Element in which the
amendments would apply. This executive summary is seeking authorization from the BCC for
staff to initiate these amendments as prioritized. The amendments will be staggered and
associated with future GMP amendment cycles, yet to be determined.
Additionally, staff is seeking agreement from the majority of the Board regarding a planning
initiative regarding new oil wells in the County. Currently, the LDC requires a single
exploration or production well to comply with the site development plan process (an
administrative process) and for multiple wells at a site to comply with the conditional use
process (a public hearing process). The planning initiative would be to analyze State Statutes to
determine how best the County process could complement the State process. It should be noted
that the GMP currently restricts the County from performing environmental review of any
proposed oil well site.
FISCAL IMPACT: The fiscal impact associated with item is staff time expended on the
preparation of the identified amendments and planning initiative.
LEGAL CONSIDERATIONS: This item is approved as to form and legality, and requires a
majority vote for approval. —HFAC
GROWTH MANAGEMENT PLAN IMPACT: The direction provided by Board will have
impact upon numerous Elements of the Growth Management Plar:.
RECOMMENDATION: That the Board provides direction to staff to process the identified
Growth Management Plan Amendments as prioritized and provide concurrence with the
planning initiative identified regarding the regulation of oil wells.
Prepared by: Mike Bosi, AICP, Planning &Zoning Director, Growth Management Division
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9/10/2013 16.A.41 .
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.A.16.A.41.
Item Summary: Recommendation to authorize identified Growth Management Plan
(GMP) amendments and provide concurrence with an individual planning initiative.
Meeting Date: 9/10/2013
Prepared By
Name: BosiMichael
Title: Manager-Planning,Comprehensive Planning
8/13/2013 9:45:48 AM
Approved By
Name: PuigJudy
Title: Operations Analyst, GMD P&R
Date: 8/13/2013 1:14:12 PM
Name: MarcellaJeanne
Title: Executive Secretary,Transportation Planning
Date: 8/19/2013 7:40:17 AM
Name: AshtonHeidi
Title: Section Chief/Land Use-Transportation,County Attor
Date: 8/20/2013 4:50:30 PM
Name: FinnEd
Title: Senior Budget Analyst, OMB
Date: 8/21/2013 3:12:49 PM
Name: KlatzkowJeff
Title: County Attorney
Date: 8/27/2013 11:43:17 AM
Name: OchsLeo
Title: County Manager
Date: 8/31/2013 10:27:25 AM
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9/10/2013 16.A.41 .
A Ranking of GMP Amendments to be Staff-Initiated
& Potential Planning initiative
Key to Individual Listings:
Description of activity necessary to amend GMP provisions. (Specific Element, Policy, District or
other text or map provision, if known)
Classification — Corrective (amendments that are needed to update an inaccuracy in the existing
GMP) or Regulatory (amendments that are needed to establish a new planning initiative or
regulatory approach.
Note: Some GMP amendments will necessitate subsequent LDC amendments for implementation
and authorization to initiate the GMP amendment constitutes a direction to coordinate all
required LDC amendments subsequent to a GMP amendments.
GROUP 1 — Highest Priority: Entries of highest priority must be before the CCPC and BCC on a
schedule allowing Transmittal to the DEO prior to the end of calendar year 2013.
• Modifying language re: proportionate fair-share mitigation options for concurrency
management, required to be Transmitted before December 31, 2013 per standing DEO 2011
EAR-based direction (Transportation Element Policy 5.8; CIE Objective 5 & Policy 5.3)
Regulatory per State requirement
• Modifying Element/Sub-Element language as applicable related to recent updates to the 10
Year Water Supply Plan. (Potable Water Sub-Element, possibly other Elements/Sub-
Elements) Origins: Non-Cycle related GMP-amendment based upon directive from [State Agency]
Amok
to adopt updates within 18 months of[date]notification. Regulatory per State requirement
• Amending RSLA provisions regarding status and use of Fiscal Impact Analysis Model
(FIAM) in periodic reviews, prioritized in consideration of approaching milepost deadlines
toward meeting the Ave Maria SRA 5-Year Review due date of June, 2015 ❑ 5/17. (FLUE,
RLSA Objective 4 & Policy 4.18) Origins: The most recent directive from Board is to find an
acceptable alternative to application of the FIAM. Regulatory per Board Directive
GROUP 2 — High Priority: These entries rank high among staff priorities and will be prepared for a
near-future Growth Management Plan Amendment filing date.
• Amending FLUM series to add new Gordon River Greenway Conservation designation map
and amending FLUE to list that map. (FLUE, FLUM series) Corrective
• Addressing document-wide "housecleaning" amendments (as applicable to correct minor
errors grammatical, missing or repeated text, etc.) residual from EAR-based GMP
amendments. Corrective
• Revising Subsection 4, Semi-annual Report, and subsection 7, Third Evaluation and
Appraisal Reviews, provisions for subsequent reporting to the DCA and preparing EARs; to
correct overlooked provisions affected by adoption of HB 7207. (CIE, Programs to Ensure
Implementation Section) Corrective
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9/10/2013 16.A.41 .
• Addressing document-wide "glitch" amendments (as extensions of EAR-based amendments
to maintain internal consistency) residual from EAR-based GMP amendments. Corrective
• Amending FLUE's RLSA Stewardship Overlay Map to remove Conservation designated
areas — so as to be consistent with Countywide FLUM; revising RLSAO applicable Policies
to change acreage figures and/or text explanation regarding amount of open space/preserve
lands/state owned lands. (FLUE— RLSAO Stewardship Overlay Map and text) Origins: Staff
discovered this issue with RLSA provisions, with respect to internal map4-->text consistency among
Elements, during our last EAR process. Corrective
• Revising RLSAO Policies 1.6 and 4.4 regarding reference to EAR-based GMP amendments;
amending FLUE's RLSA Stewardship Overlay Map to add SSA#16, remove SSA#8. (FLUE
— RLSAO Stewardship Overlay Map and text) Origins: Such action requires a GMPA.
Corrective
• Updating "Basis of Review" document name following expected adoption and effective date
in March or April, 2013 (Stormwater Management Sub-Element Policy 6.2 & CCME
Objective 2.1.a) Corrective
• Amending FLUE provisions to incorporate site-specific [Hussey] settlement provisions in
proper Subdistrict, District or Designation language. (FLUE) Corrective
• Amending lmmokalee Area future land use provisions to incorporate site-specific [Blocker]
settlement provisions in proper Subdistrict, District or Designation language. (TAMP) Origins:
Master Plan provisions, with respect to this specific site, need to reflect certain aspects of a settlement
agreement. Corrective
• Revising main NBM Overlay, Receiving Areas' provisions to modify language specific to
certain mining operations, including date adjustments. (FLUE) Corrective
• Revising main NBM Overlay, Receiving Areas' provisions to modify language specific to
certain mining operations, including date adjustments. (Transportation Element Objective 3
& Policies 3.3, 3.5) Corrective
• Updating the functional road classifications of the Collier County Roadway Network to
coincide with State changes. (Transportation Element— Map Series, text references & map
list) Origins: A recent decennial FDOT re-classification effort created inconsistencies with County
roadway classifications. Corrective
• Amending the Overlays and Special Features Section, specifically the Area of Critical State
Concern Overlay (ACSC) to mirror State law, including allowance for variance. (FLUE.
Section V) De-Regulatory align county regulations with StatE
GROUP 3 — Moderate Priority: These entries rank moderately among staff priorities and will be
prepared for an upcoming Growth Management Plan Amendment filing date.
• Revising Element/Sub-Element language as applicable related to recent updates to the
Watershed Management Plan. (CCME, possibly other Elements/Sub-Elements)
• Adding basins to complete listing of off-site discharge rate Level of Service Standard (LOSS)
(Stormwater Management Sub-Element Policy 6.3) Corrective
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9/10/2013 16.A.41 .
• Updating basin Level of Service Standard (LOSS) list following expected adoption of new
Level of Service definition based on 2011 Watershed Management Plan (CIE Policy 1.5 )
Corrective
• explore further updating CCME Policy refreshed in 2011 EAR-based GMP amendments
stating, "The County will seek technical assistance from the South Florida Water
Management District, and coordinate with the Florida Department of Environmental
Protection to develop and implement a plan to encourage stormwater management systems
be periodically inspected, if feasible, by an appropriate professional for compliance with their
approved design, and any deficiencies be corrected." CCPC considered this language to
lack strength and read overly vague; their direction being to strengthen and provide
specificity. (CCME Policy 2.2.5) Regulatory per 2011 EAR
• Amending Rural Fringe Mixed Use provisions to modify language regarding Emergency
Preparedness Planning and Wildfire Prevention and Mitigation Planning in proper RFMU
Subdistrict or District language. (FLUE) Origins: Staff discovered this issue with RFMUD
provisions during a recent PUD review Corrective
• Revising FLUE provisions addressing commercial development, needs analyses and market
demand studies, to reflect such provisions specified for Mixed Use Activity Centers, within
context of changes to Chapter 163, F.S. and Rule 9J-5, F.A.C. (FLUE) Corrective
GROUP 4 — Low Priority: These entries rank low among staff priorities and are intended to be
prepared for a future Growth Management Plan Amendment filing date.
• Addressing Section 25 question (just East of Golden Gate City) in Potable Water &
Wastewater Treatment Sub-Elements; sections 1 and 36 N & S of 1-75 boundary
discrepancies; may result with adding a specific map category specifically referencing
RFMUD / Sub-Element policies; (FLUE, Wastewater Treatment Sub-Element, Potable Water
Sub-Element) Origins: Staff discovered this issue, with respect to internal map<-->text consistency
among Elements, during our last EAR process. Corrective
GROUP 5 — Deffered Issues: These entries are to be prepared for a future GMP amendment filing
date as directed and determined by the Board.
• Pending Board Direction
Restudying & comprehensively revising the GGAMP, including: extent to which Community
Character Plan used; lighting provisions [excessive specificity]; buffering requirements [now
codified elsewhere in GMP and/or LDC]; road designs dictating additional width/frontage at
commercial Neighborhood Centers, as inadequate width of 5-acre parcels restricts access &
commercial viability; density; State direction or 'antiquatea subdivisions': analysis o
essential services permitted; divergent ideas held by competing
associations/groups/activists; giving meaning to "rural character", then using as starting point
for new development ideas; use of/allowing for conceptual master/site plans [excessive
specificity]; updating LDC references. . It is anticipated that a full public planning
process is needed to complete the initiative.
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9/10/2013 16.A.41 .
(GGAMP) Origins: The last Re-Study of Master Plan provisions occurred circa 2000 ❑
2002, with subsequent GMPAs in 2003 and 2004. Regulatory pending Board
direction and funding to initiate
• Pending Board Direction
Structural review of the Rural Fringe Mixed Use District (RFMUD). The RFMUD was
adopted in 2003 in response to the 1999 final order. The regulatory is based upon the
transfer of development rights from environmentally sensitive properties to non-
environmentally sensitive properties. The program was reviewed as part of the 2011 EAR
report and is entering its tenth year of existence and a structural review of its effectiveness
and identifications of improvements is warranted. . It is anticipated that a full public
planning process is needed to complete the initiative. (FLUE, 2003 adoption)
Regulatory pending Board direction and funding to initiate
• Pending Board Direction
Re-Review of the Rural Lands Stewardship Area (RLSA). From 2007 to 2009 the County
conducted an extensive review of RLSA regulations. Per a provision in the regulations, the
five-year review was mandated to determine the program's effectiveness. The review leads
to a number of potential amendments being arrived upon, but those amendments were
never brought through the GMP amendment process. As such, the proposed amendments
and the program need to be reviewed in light of the changes that have transpired since
2009. It is anticipated that a full public planning process is needed to complete the
initiative. (FLUE, 2002 adoption) Regulatory pending Board direction and funding
to initiate
GROUP 6 —Planning Initiatives: This entry is a request by a Commissioner to direct staff to
review the procedures and regulation that are in place at the local level related to the development
of Oil Wells in the County and may lead to an amendment/s to the GMP.
• Pending Board Direction
Reviewing GMP provisions for the latest criteria allowed by Statute in regards to wells for oil
and gas processes and the abilities provided to local municipalities for regulation. (FLUE,
CCME) Origins: Individual Commissioner request that consideration be given to statutory
changes or modifications that may benefit and protect the County. Regulatory pending
full Board agreement and direction and funding to initiate
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