Loading...
Agenda 05/12/2009 Item #16K 3 Agenda Item No. 16K3 1,1,.y 12, 2009 Page 1 of 34 EXECUTIVE SUMMARY Request that the Board of County Commissioners directs the County Attorney to advertise five ordinances for the sole purpose of relocating the advisory board ordinances relating to the Planning Commission, the Board of Zoning Appeals, the Building Board of Adjustments and Appeals, the Environmental Advisory Council, and the Historic/Archaeologic Preservation Board, from the Collier County Land Development Code to the Collier County Code of Laws and Ordinances, and to waive the requirement, if any, to implement this relocation through a Special LDC Cycle. OBJECTIVE: In keeping with prior Board direction, the attached ordinances are intended to relocate from the Land Development Code ("LDC") to the Code of Laws and Ordinances, the advisory board ordinances for the Planning Commission, the Board of Zoning Appeals, the Building Board of Adjustments and Appeals, the Environmental Advisory Council, and the Historic/Archaeologic Preservation Board. As discussed below, this is a ministerial act, with no changes being made to these ordinances other than relocating them to the Code of Laws and Ordinances from the LDC. CONSIDERATIONS: Chapter 8 of the Collier County Land Development Code sets forth the establishment, powers and duties of the Planning Commission, the Board of Zoning Appeals, the Building Board of Adjustments and Appeals, the Environmental Advisory Council, and the Historic/Archaeologic Preservation Board. Article VIII (Boards, Commissions, Committees and _ Authorities) of Chapter 2 (Administration) of the Collier County Code of Laws and Ordinances also contains the establishment, powers and duties of a number of decision-making and administrative bodies, including the Health Facilities Authority, the Housing Finance Authority, the Coastal Advisory Committee, the County Government Productivity Committee, the Hispanic Affairs Advisory Board, the Black Affairs Advisory Board, the Affordable Housing Advisory Committee, the Tourist Development Council, the Development Services Advisory Committee, and the Animal Services Advisory Board, as well as several others, and also contains the overall standards for the creation and review of County Boards Ordinance. As previously discussed with the Board, it is advantageous to relocate the LDC Boards into the administrative section of the Code of Laws and Ordinances in that (1) there are a limited number of annual amendment cycles for the LDC, whereas amending general ordinances has no such constraint; and (2) having the ordinances concerning all of the County's decision-making and administrative bodies located within the same administrative section of the Collier County Code of Laws and Ordinances aids the public in locating these advisory board rules, Creating separate, stand alone ordinances for each of these boards (rather than a single, consolidated advisory board ordinance) will make it easier to amend these rules and regulations as the need anses. - If the Board appioves this ileill, the County Attorney will advertised these ordinances and bring them back for approval on the Summary Agenda of the next available Board meeting. It is the opinion of the County Attorney that there is no need for a special tDC cycle as this is no more than a ministerial matter, with no amendment of any kind with respect to these ordinances. That said, in the interest of caution, the CQunty Attorney 1..,. Hsking the Board to v~'ai\'e the requirement, if any, of a special LDC cycle. ,:ern 1Jo. 1Gr<3 rv~ay 12 2009 Fj]~Je 2 of 34 Should the Board adopt these five ordinances at a future' date, then pursuant to prior Board direction, the County Attorney will advertise and then bring back to the Board an amendment of the Collier County Planning Commission Ordinance which would require nomination to the Planning Commission by the Commissioner of the District with the vacant position. Since, at that time, this will be a stand-alone ordinance outside of the LDC, a special LDC cycle will not be needed to amend the Planning Commission Ordinance. The County Attorney is taking a two-step process to the Planning Commission amendment to minimize the already unlikely event of a challenge to this process. FISCAL IMP ACT: $2,175.00, representing the cost of advertising GROWTH MANAGEMENT IMPACT: None. LEGAL CONSIDERATIONS: The proposed ordinances were drafted by the County Attorney. This is a regular Board item requiring simple majority vote, However, since amending the Land Development Code requires supermajority vote, it is requested that there be the support of at least four Commissioners prior to advertising these ordinances. JAK RECOMMENDATION: That the Board of COWIty Commissioners directs the County Attorney to advertise the attached five ordinances to separately relocate from Chapter 8 of the Land Development Code to the Code of Laws and Ordinances the advisory board ordinances for the Planning Commission, the Board of Zoning Appeals, the Building Board of Adjustments and Appeals, the Environmental Advisory Council, and the Historic/Archaeologic Preservation Board, and to waive the requirement, if any, to implement this relocation through a Special LDC Cycle. PREPARED BY: Jeffrey A. Klatzkow, County Attorney -.- Page 1 of 1 Aoenda Item r'Jo. 16K3 ~ May 12, 2009 Page 3 of 34 COLLIER COUNTY SOARD OF COUNTY COMMISSIONERS Item Number: 16K3 Item Summary: Request that the Board of County Commissioners directs the County Attorney to advertise five ordinances for the sole purpose of relocating the advisory board ordinances relating to the Planning Commission, the Board of Zoning Appeals, the Building Board of Adjustments and Appeals, the Environmental Advisory Council, and the Historic/Archaeologic Preservation Board, from the Collier County Land Development Code to the Collier County Code of Laws and Ordinances, and to waive the requirement, If any, to implement this relocation through a Special LDC Cycle 5/12/2009 90000 AM Meeting Date: Prepared By Jeff Klatzkow County Attorney County Attorney Office Date County Attorney 5/4/20092:12:34 PM Approved B}' Jeff Klatzkow County Attorney County Attorney County Attorney Office Date 514120093:31 PM Approved By Mark Isackson Budget Analyst Office of Management & Budget Date County Manager's Office 5/4/20094:39 PM Appro\'t'd By Leo E. Ochs. Jr. Deputy County Manager Date Board of County Commissioners County Manager's Office 514/20095:23 PM fi l("i'/(~"'.i\ (len(L,TI~"l F \ 11,\1'( 1 '(L~'! ~I\o,,"(l I' 0 "l(j;()()l) 1 I, n,;. JIl( '(I1c\.: (; ,- '1\.:']"0" in ^ (; J.-'~:I).\ 1 (~ '(,/i()(\() Aqenca Item ~~o. i6K3 " May 12, 2003 PaD8 ~1 of 34 ORDINANCE NO. 2009-_ AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, RELOCATING THE PLANNING COMMISSION ORDINANCE FROM THE LAND DEVELOPMENT CODE INTO THE COLLIER COUNTY CODE OF LAWS BY READOPTING SAID CODE IN ITS ENTIRETY AS A STAND-ALONE ORDINANCE WHILE CONCURRENTLY REPEALING SECTION 8.03.00 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; A1"iD PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Chapter 8 of the Collier County Land Development Code sets forth the establishment, powers and duties of a number of decision-making and administrative bodies, including the Planning Commission, the Board of Zoning Appeals, the Building Board of Adjustments and Appeals, the Environmental Advisory Council, and the HistoricfArchaeologic Preservation Board; and WHEREAS, Article VIIl (Boards, Commissions, Committees and Authorities) of Chapter 2 (Administration) of the Collier County Code of Laws and Ordinances also contains the establishment, powers and duties of a number of decision-making and administrative bodies, including the Health Facilities Authority, the Housing Finance Authority. the Coastal Advisory Committee. the County Government Productivity Committee, the Hispanic Affairs Advisory Board, the Black Affairs Advisory Board, the Affordable Housing Advisory Committee, the Tourist Development Council, the Development Services Advisory Committee, the Animal Services Advisory Board, as well as others, and also contains Standards for the Creation and Review of County Boards; and WHEREAS, there are a limited number of annual an1endment cycles for the Land Development Code, whereas amending general ordinances has no such constraint; and WHEREAS, the Board finds that it is in the public interest to relocate this portion of the Land Development Code into the Collier County Code of Laws and Ordinances and to create separate ordinances for each of these Boards, thereby making it easier to amend these rules and regulations as the need arise~) (lS weB as to have the ordinances concerning all of the County)s decision-making and administrative bodies located within the san1e administrative section of the Collier County Code of Laws and Ordinances. Page I of 7 Agenda Item No, 16K3 May 12, 2009 Page 5 of 34 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: Collier County hereby readopts Section 8.03.00 (Planning Commission) of the Collier County Land Development Code in its entirety, as a separate, stand-alone ordinance, as follows: (1) Establishment; Powers and Duties There is hereby established a Planning Commission, which shall have the following powers and duties: A. To serve as the local planning agency (LPA), and land development regulation commission as required by S 163.3174 and 163.3194, F.S.; B. To prepare, or cause to be prepared, the Collier County GMP, or element or portion thereof, and to submit to the BCC an annual report recommending amendments to such plan, element, or portion thereof; C. To prepare, or cause to be prepared, the LDC to implement the Collier County GMP, and to submit to the BCC an annual report recommending amendments to the LDC; D, To initiate, hear, consider, and make recommendations to the BCC on applications for amendment to the text of the Collier County GMP and the LDC; E. To initiate, review, hear, and make recommendations to the BCC on applications for amendment to the future land use map of the Collier County GMP or the official zoning atlas of the LDC; F. To hear, consider, and make recommendations to the BCC on applications for conditional use permits; G. To make its special knowledge and expertise available upon reasonable written request and authorization of the BCC to any official, department, board, commission, or agency of the County, state, or federal governments; H. To recommend to the BCC additional or amended rules of procedure not inconsistent with this section to govern the PI arming Commission's proceedings; 1. To perform those functions, powers and duties of the Planning Commission as set forth in chapter 67-1246, Laws 0 f Florida, incorporated herein and by reference made a part hereof, as said chapter has been or may be amended; and Page 2 of7 !\ger,da item t'J). 1 r3K3 r\~8Y 12, 2009 Page 6 of 34 J. To consider and take final action regarding preliminary subdivision plats processed pursuant to the provisions of section 4.03.00. (2) Membership A. Qualifications. I. Members of the Planning Commission shall be permanent residents and qualified electors of Collier County. 2. Allhough no specific experience requirements shall be necessary as a prerequisite to appointment, consideration shall be given to applicants who have experience or who have shown interest in the area of planning, zoning, and related fields. Further consideration in the appointment of Planning Commission members shall be made so as to provide the Planning Commission with the needed technical, professional, business, and/or administrative expertise to accomplish the duties and functions of the Planning Commission as set forth in this LDC. 3, The appointment of all members to the Planning Commission shall be by resolution of the BCC. In the event that any member is no longer a qualified elector or is convicted of a felony or an offense involving moral turpitude while in office, the BCC shall terminate the appointment of such person as a member of the Planning Commission. 4. A representative of the school district, appointed by the school board, shall serve as a non-voting member of the Planning Commission unless the BCC grants voting status to the school district representative. The school district member of the Planning Commission shall attend those Planning Commission meetings at which GMP amendments and rezoning that would, if approved, increase residential density of the property that is the subject of the application being considered. B. Appointment. The Planning Commission shall be composed of 9 members to be appointed by the BCC. All reappointments to the Planning Commission shall be made so as to achieve the following geographical distribution of membership: I, One member: County Commission District No.4. 2, Two members: County Commission District No.1. 3. Two memhers: County Commission District No.2. P3ge 3 of7 Agenda Item No, 161\3 fv1ay 12, 2009 Page 7 of 34 4. Two members: County Commission District No.3. 5. Two members: County Commission District No.5 (one from Immokalee). 6. One member: Appointed by the school district. e. Term. Each appointment or reappointment shall be for a term of 4 years. Each appointment and reappointment shall be made so that the terms of any 2 members from a single commission district shall not expire in the same year. D. Reappointment. A member may be reappointed by the BCC for only I successive term, unless there are no other qualified applicants for the member's position. Appointments to fill any vacancy on the Planning Commission shall be for the remainder of the unexpired tenn of office. E. Removal from office. \. Any member of the Planning Commission may be removed from office by a four- fifths vote of the BCC, but such member shall be entitled to a public hearing and reconsideration of the vote ifhe so requests in writing within 30 days of the date on which the vote is taken. 2. If any member of the Planning Commission fails to attend 2 consecutive Planning Commission meetings without cause, the Planning Commission shall declare the member's office vacant and the vacancy shall be filled by the BCC. F. Officers. The membership of the Planning Commission shall elect a chairman and vice- chairman from among the members. Officers' terms shall be for I year, with eligibility for reelection. (3) Quorum and Voting The presence of 5 or more members shall constitute a quorum of the Planning Commission necessary to take action and transact business. In addition, a simple majority vote of at least 5 members present and voting shall be necessary in order to forward a formal recommendation of approval, approval with conditions, denial, or other recommendation to the BCe. (4) Rules of Procedure A. The Planning Commission shall, by a majority vote of the entire membership, adopt rules of procedure for the transaction of business, and shall keep a record of meetings, resolutions, Page 4 of7 !\genja item No. 16K3 1v18Y 12, 2009 Page 8 of 34 findings, and determinations. The Planning Commission may provide for transcription of such hearings and proceedings, or portions of hearings and proceedings, as may be deemed necessary, B. The Planning Commission may, from time to time, adopt and amend bylaws and rules of procedure not inconsistent with the provisions of these regulations. Such proposed rules of procedure shall be considered as if they were amendments to this LDe. (5) Compensation The members of the Plan.lling Commission shall serve without compensation, but may be reimbursed for such travel, mileage, and/or per diem expenses as may be authorized by the BCC. (6) Meetings A. In order to provide convenience and promote public participation, meetings of the Planning Commission shall be held in the Immokalee area when matters pending before the Planning Commission are of sufficient concem to the Immokalee area to warrant such a meeting. The Planning Commission shall, by majority vote, make such determination at ] of its regularly scheduled meetings well enough in advance to allow sufficient time to advertise such Immokalee meeting, All other meetings shall be held at the Collier County Govemment Center, Naples, Florida, unless otherwise specified by the Planning Commission or the BCe. B. All meetings and hearings of the Planning Commission shall be open to the public. (7) Staff The community development servIces division shall be the professional staff of the Planning Commission. (8) Appeals As to any land development petition or application upon which the Planning Commission takes final action, an aggrieved petitioner, applicant, or aggrieved party may appeal such final action to the Board of County Commissioners, An aggrieved or adversely affected party is defined as any person or group of persons which will suffer an adverse affect to an interest protected or furthered by the Collier County Growth Management Plan, Land Development Code, or building code(s). The alleged adverse interest may be shared in common with other members of the community at large, but shall exceed in degree the gener~] interest community PJge 5 of7 Agenda Item No. 16K3 May 12, 2009 Page 9 of 34 good shared by all persons. The Board of County Commissioners may affirm, affirm with conditions, reverse or reverse with conditions the action of the Planning Commission. Such appeal shall be filed with the Development Services Director within 30 days of the date of final action by the Planning Commission and shall be noticed for hearing with the Board of County Commissioners, as applicable, in the same manner as the petition or application was noticed for hearing with the Planning Commission. The cost of notice shall be borne by the petitioner, applicant or aggrieved party. SECTION TWO: Repeal of Ordinance. Concurrent with the effective date of this ordinance, Section 8,03,00 (Planning Commission) of the Collier County Land Development Code is hereby repealed in its entirety. SECTION THREE: Conflict and Severability. In the event this Ordinance conflicts with any other ordinance of Collier County or other applicable law, the more restrictive shall apply. If any phrase or portion of the Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion. SECTION FOUR: Inclusion in the Code of Laws and Ordinances. The provisions of this Ordinance shall become and be made a part of Article VIII (Boards, Commissions, Committees and Authorities) of Chapter 2 (Administration) of the Code of Laws and Ordinances of Collier County, Florida, The sections of this ordinance may be renumbered or relettered to accomplish such, and the word "ordinance" may be changed to "section," "article," or any other appropriate word. SECTION FIVE: Effective Date. This Ordinance shall become effective upon receipt of notice from the Secretary of State that this Ordinance has been filed with the Secretary of State. Pagt: 6 of7 ,t;,genda Item t'Jo. 16K3 May 12, 2009 Page 10 of 34 PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this _day of ,2009. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: , Deputy Clerk By: DONNA FIALA, CHAIRM1U.;r Approved as to form and legal sufficiency: Jeffrey A. Klatzkow County Attorney Page 70f7 Aoenda Item No, '16K3 ~ May 12. 2009 Page 11 of 34 ORDINANCE NO. 2009-_ AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, RELOCATING THE BOARD OF ZONING APPEALS ORDINANCE FROM THE LAND DEVELOPMENT CODE INTO THE COLLIER COUNTY CODE OF LAWS BY READOPTING SAID CODE IN ITS ENTIRETY AS A STAND-ALONE ORDINANCE WHILE CONCURRENTLY REPEALING SECTION 8.04.00 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Chapter 8 of the Collier County Land Development Code sets forth the establishment, powers and duties of a number of decision-making and administrative bodies, including the Planning Commission, the Board of Zoning Appeals, the Building Board of Adjustments and Appeals, the Environmental Advisory Council, and the Historic/Archaeologic Preservation Board; and WHEREAS, Article VIII (Boards, Commissions, Committees and Authorities) of Chapter 2 (Administration) of the Collier County Code of Laws and Ordinances also contains the establishment, powers and duties of a nwnber of decision-making and administrative bodies, including the Health Facilities Authority, the Housing Finance Authority, the Coastal Advisory Committee, the County Government Productivity Committee, the Hispanic Affairs Advisory Board, the Black Affairs Advisory Board, the Affordable Housing Advisory Committee, the Tourist Development Council. the Development Services Advisory Committee, the Animal Services Advisory Board, as well as others, and also contains Standards for the Creation and Review of County Boards; and WHEREAS, there are a limited number of annual amendment cycles for the Land Development Code, whereas amending general ordinances has no such constraint; and WHEREAS, the Board finds that it is in the public interest to relocate this portion of the Land Development Code into the Collier County Code of Laws and Ordinances and to create separate ordinances for each of these Boards, thereby making it easier to amend these rules and regulations as the need arises, as well as to have the ordinances concerning all of the County's decision-making and administrative bodies located within the same administrative section of the Collier County Code of Laws and Ordinances. Page 1 of 5 il,genda Item r~o. 16K3 May 12, 2009 Page 12 of 34 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: Collier County hereby readopts Section 8.04.00 (Board of Zoning Appeals) of the Collier County Land Development Code in its entirety, as a separate, stand-alone ordinance, as follows: (1) Establishment; Powers and Dudes There is hereby established a Board of Zoning Appeals "BZA", which shall have the following powers and duties: A. To hear, review, and approve, approve with conditions, or deny zoning vanances, conditional uses, 110nconfornling use anlendments, flood variances, and off-street parking and shared parking agreements in accordance with the ternlS ofthese regulations; B. To hear, review, and approve, approve with conditions, or deny appeals from interpretations made by the County Manager or designee pertaining to the Collier County GMP, the future land use map, the LDC, or the official zoning atlas by the County Manager or designee; C. To make its special knowledge and expertise available upon written request and authorization of the BCC to any official, department, board, or commission of the County. D. To recommend to the BCC additional or amended rules of procedure not inconsistent with the LDC to govern the BZA's proceedings; and E. To perform those functions, powers and duties of the BZA as set forth in chapter 67- 1246, Laws of Florida, incorporated herein and by reference made a part hereof, as said chapter has been or may be amended. (2) Membership A. Qualifications. Members of the BZA shall be qualified electors in Collier County and residents of the County for 2 years prior to appointment. In the event that any member is no longer a qualified elector or is convicted of a felony or an offense involving moral turpitude while in office, the BCC shall terminate the appointment of such person as a member of the BZA. Page2of5 ,t,genda item r,o. 16K3 May 12, 2009 Page 13 of 34 B. Appointment. The BCC may appoint a Board or Boards of Zoning Appeals for its planning area or areas, or may act as such Board or Boards of Zoning Appeals itself. Boards of Zoning Appeals shall have not less than 5 nor more than ten (10) members. Not more than 2 members of a BZA may be members of the Planning Commission. C. Terms. Terms of office of members of the BZA shall be for not less than 2 nor more than 4 years, and not more than a minority of such members' terms shall expire in any I year. D. Removal. Any member of a BZA may be removed from office for just cause by four- fifths vote of the full membership of the BCe, but such member shall be entitled to a public hearing ifhe so requests in writing within 30 days of the date upon which the vote is taken. E. Vacancy. Wherever a vacancy occurs on a BZA which reduces the membership of the BZA below 5 members, the Bee shall fill such vacancy for the remainder of the term, within 30 days after the vacancy occurs. No meetings of a BZA shall be held when the membership is less than 5 members. F. Officers. Boards of Zoning Appeals shall elect a chairman and vice-chairman from among the members, and may create and fill such other offices as are determincd to be necessary. Terms of all offices shall be for I year, with eligibility for reelection. (3) Quorum and Voting No meeting of the BZA shall be called to order, nor may any business be transacted by the BZA, without a quorum consisting of at least 3 members of the BZA being present All actions shall require a simple majority of the members of the BZA then present and voting, except for conditional uses, which require 4 affirmative votes. (4) Rules of Procedure A. Boards of Zoning Appeals shall adopt rules for the transaction of business, and shall keep a record of resolutions, transactions, findings, and determinations. Boards of Zoning Appeals may provide for transcription of such hearings and proceedings, or portion of hearings and proceedings, as may be deemed necessary. All such records shall be public records. B. Boards of Zoning Appeals may, subject to the approval of the Bee and within the financial limitations set by appropriations made or other funds available, employ such experts, technicians, and staff as may be deemed proper, pay their salaries, and make such other expenditurcs as are necessary to conduct the work of the BZA and effectuate its purposes. Page 3 of 5 i :8rrJ r\Jo.15KJ r\~ay 12. 20C:3 Page -1 J or 34 e. The BCC is hereby authorized and empowered to make such appropriations as it may see fit for the conduct of the work of the BZA. The BCC is authorized and empowered to establish a schedule of fees, charges, and expenses, and a collection procedure therefor. D, The BZA may, from time to time, adopt and amend bylaws and rules of procedure not inconsistent with the provisions of these regulations, Such proposed rules of procedure shall be considered as ifthey were amendments to this LDe. (5) Compensation Members of the BZA may receive such travel and other expenses while on official business for the BZA as are made available by the BCC for these purposes. (6) Meetings A. Meetings of the BZA shall be held as needed to dispose of matters properly before the BZA and may be called by the chairman or in writing by 3 members of the BZA. B. The location of meetings shall be in County offices in Naples, Florida. If a matter is postponed due to lack of a quorum, the chairman shall continue the meeting as a special meeting to be held within 7 days thereafter. In case of delays caused by other reasons, the hearing shall be rescheduled to the next BZA meeting. The secretary shall notify all members of the datc of the continued hearing and also shall notify all parties. C. All meetings and hearings of the BZA shall be open to the public. SECTION TWO: Repeal of Ordinance. Concurrent with the effective date of this ordinance, Section 8.04,00 (Board of Zoning Appeals) of the Collier County Land Development Code is hereby repealed in its entirety. SECTION THREE: Conflict and Severability. In the event this Ordinance conflicts with any other ordinance of Collier County or other applicable law, the more restrictive shall apply. If any phrase or portion of the Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion. P8g.::' 4 of:) .l'\genda 1tem No. 16K3 May 12, 2009 Page 15 of 34 SECTION FOUR: Inclusion in the Code of Laws and Ordinances, The provisions of this Ordinance shall become and be made a part of Article VIII (Boards, Commissions, Committees and Authorities) of Chapter 2 (Administration) of the Code of Laws and Ordinances of Collier County, Florida, The sections of this ordinance may be renumbered or relettered to accomplish such, and the word "ordinance" may be changed to "section," "article," or any other appropriate word, SECTION FIVE: Effective Date, This Ordinance shall become effective upon receipt of notice from the Secretary of State that this Ordinance has been filed with the Secretary of State, PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this _day of ,2009, ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: , Deputy Clerk By: DONNA FIALA, CHAIRMAN Approved as to form and legal sufficiency: Jeffrey A, Klatzkow County Attorney Page 5 of5 - ~teiT1 r~o. .~ '3~\3 f'.'1ay12, 2009 ?(1]S' 13 of ~;4 ORDINANCE NO. 2009-_ AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, RELOCATING THE BUILDING BOARD OF ADJUSTMENTS AND APPEALS ORDINANCE FROM THE LAND DEVELOPMENT CODE INTO THE COLLIER COUNTY CODE OF LAWS BY READOPTING SAID CODE IN ITS ENTIRETY AS A STAND-ALONE ORDINANCE WHILE CONCURRENTLY REPEALING SECTION 8.05.00 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Chapter 8 of the Collier County Land Development Code sets forth the establishment, powers and duties of a number of decision-making and administrative bodies, including the Planning Commission, the Board of Zoning Appeals, the Building Board of Adjustments and Appeals, the Environmental Advisory Council, and the Historic/Archaeologic Preservation Board; and WHEREAS, Article VIII (Boards, Commissions, Committees and Authorities) of Chapter 2 (Administration) of the Collier County Code of Laws and Ordinances also contains the establishment, powers and duties of a number of decision-making and administrative bodies, including the Health Facilities Authority, the Housing Finance Authority, the Coastal Advisory Committee, the County Government Productivity Committee, the Hispanic Affairs Advisory Board, the Black Affairs Advisory Board, the Affordable Housing Advisory Committee, the Tourist Development Council, the Development Services Advisory Committee, the Animal Services Advisory Board, as well as others, and also contains Standards for the Creation and Review of County Boards; and WHEREAS, there are a limited number of annual amendment cycles for the Land Development Code, whereas amending general ordinances has no such constraint; and WHEREAS, the Board finds that it is in the public interest to relocate this portion of the Land Development Code into the Collier County Code of Laws and Ordinances and to create separate ordinances for each of these Boards, thereby making it easier to amend these rules and regulations as the need arises, as well as to have the ordinances concerning all of the County's decision-making and administrative bodies located within the same administrative section of the Collier County Code of Laws and Ordinances. Page lofS :tem No. 16K3 rv13Y 12. 2009 ?ag'2 17 of 34 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: Collier County hereby readopts Section 8.05.00 (Building Board of Adjustments and Appeals) of the Collier County Land Development Code in its entirety, as a separate, stand-alone ordinance, as follows: (I) Establishment and Purpose A. There is hereby established a Building Board of Adjustments and Appeals ("Building Board"). B. The purpose of the Building Board is to provide a decision-making body through which an owner of a building or structure, or his duly authorized agency, may appeal the rejections or refusal of the building official to approve the mode or manncr of construction proposed to be followed, or materials to be used, in the erection or alteration of that building or structure, or when it is claimed that the provisions of the Florida Building Code and Florida Fire Prevention Code, as listed in Chapter One, do not apply, or that an equally good or more desirable form of construction can be employed in a specific case, or when it is claimed that the true intent and meaning of such codes, or any of the regulations thereunder, have been misconstrued or wrongly interpreted by the building official. (2) Powers and Duties The Building Board shall have the following powers and duties: A. To review and approve, with or without modifications or conditions, or deny an appeal from a decision of the building official with regard to a variance from the mode or manner of construction proposed to be followed, or materials to be used, in the erection or alteration of a building or structure, or when it is claimed that the provisions of the Florida Building Code and Florida Fire Prevention Code, as listed in Chapter One, do not apply, or that an equally good or more desirable form of construction can be employed in any specific case, or \-vhen it is claimed that the true intent and meaning of such building codes and technical codes or any of the regulations therewlder, have been misconstrued or wrongly interpreted by the building official; Page 2 of5 ... -.- ~.- :tF.in ~Jo.1:3f\.3 r',.02Y ':2, 2009 ?,'\ge .: 8 of ~A B. To accept appeals and render decisions pursuant to interlocal agreements between the County and independent fire districts which have entered into such agreements; e. To recommend to the BCC additional or amended rules of procedure not inconsistent with this LDC to govern the Building Board's proceedings; and D. To make its special knowledge and expertise available upon reasonable written request and authorization of the BCC to any official, department, board, commission, or agency of the County, state, or federal governments. (3) Membership A. Qualifications, The Building Board shall be composed of 5 regular members appointed by the BCe. The Collier County Fire Marshall's Association may recommend for consideration by the BCe those 2 members, I of whom would be an architect or engineer, and I of whom must be a fire protection specialist. The Building Board shall consist of members engaged in the following occupations who, by reason of education, experience, and knowledge, are deemed to be competent to sit in judgment on matters conceming the Florida Building Code and Florida Fire Prevention Code, as listed in Chapter One: I. One state-licensed architect or one structural engineer; 2, One class A general contractor; 3. One state-certified fire protective equipment contractor or state-certified firefighter with the rank of lieutenant or higher, or state certified fire safety inspector with the rank of lieutenant or higher; 4. One licensed electrical contractor; and 5. One licensed plumbing or mechanical contractor. B. Term. The members shall serve for a term of 4 years, except for initial appointees who shall serve as follows: 2 for a term of I year; 2 for a term of 2 years; I for a term of 3 years. (4) Quorum Three members of the Building Board shall constitute a quorum. In varymg the <)....r'\I;l""a't.on of .,n~' 1"\r""";"'~^n A"h- "IATI'''a B"I'l.-1~""g "od- and clo";"a Flo..o D..=~,<=o...,t-~^..... C^"'''''' ror ....pp~~..... , ......J 1-'~V~h:HVl V.1 , ......1.. v..... .... lU~U '-' ..... .L 1~U. ~.... .I. .1.....~.....l.l..VU .vu...., V in modifying an order of the building official or the public safety administrator, an affirmative vote of not less than 3 Building Board members shall be required. P3ge 3 of5 ,~\Qt:~nGa :1ern i-JD. '16K3 - i\fl,ay 12, 2009 El uf 34 (5) Rules of Procedure A. The Building Board shall establish rules and regulations for its own procedure not inconsistent with the provisions of the Collier County Building Code. B. The building official shall act as secretary of the Building Board and shall make a detailed record of all its proceedings, which shall include, but shall not be limited to, all appeal decisions, the reasons for its decisions, the vote of each member participating therein, the absence of a member, and any failure of a member to vote. SECTION TWO: Repeal of Ordinance. Concurrent with the effective date of this ordinance, Section 8.05.00 (Building Board of Adjustments and Appeals) of the Collier County Land Development Code is hereby repealed in its entirety. SECTION THREE: Conflict and Severability. hI the event this Ordinance conflicts with any other ordinance of Collier County or other applicable law, the more restrictive shall apply. If any phrase or portion of the Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion. SECTION FOUR: Inclusion in the Code of Laws and Ordinances. The provisions of this Ordinance shall become and be made a part of Article VIII (Boards, Commissions, Committees and Authorities) of Chapter 2 (Administration) of the Code of Laws and Ordinances of Collier County, Florida. The sections of this ordinance may be renumbered or relettered to accomplish such, and the word "ordinance" may be changed to "section," "article," or any other appropriate word, SECTION FIVE: Effective Date. 'T'h;C' Or"I'nanco sh"l1 h""....om"" ""t-Cec';""" .......0.... "'''''''-'''~pt nf n01~"-'" h-nm th"" ~.,........"'t"rv nf' ('1.,.t", .L~U>J ...... U .... ~ "'~~ v........ J.H..... ....~11 ~J..... up ..~ ................ V ! u.......... u.v~..~ u...... ....................."'".] V.L .....~"'~... that this Ordinance has been filed with the Secretary of State. Page 4 of5 ~ - ~,-~., M"_~___"~_ ,._.....M_~"~'__._ L;~.'ri >;(). ;S;"':,3 ! ;,D03 A ;)4 PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this __day of ~__ , 2009. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: , Deputy Clerk By: DONNA FIALA, CHAIRMAN Approved as to form and legal sufficiency: Jeffrey A. Klatzkow County Attomey PJge) of) ~~-~.__..,"~~~~"'...~~_~,.~,?_,~. .., ~. .._._> - _A ......,. ~_ Aaenda item ~Jo. 16K3 " May 12, 2009 Page 21 of 34 ORDINANCE NO. 2009-_ AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, RELOCATING THE ENVIRONMENTAL ADVISORY COUNCIL ORDINANCE FROM THE LAND DEVELOPMENT CODE INTO THE COLLIER COUNTY CODE OF LAWS BY READOPTING SAID CODE IN ITS ENTIRETY AS A STAND-ALONE ORDINANCE WHILE CONCURRENTLY REPEALING SECTION 8.06.00 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Chapter 8 of the Collier County Land Development Code sets forth the establishment, powers and duties of a number of decision-making and administrative bodies, including the Planning Commission, the Board of Zoning Appeals, the Building Board of Adjustments and Appeals, the Environmental Advisory Council, and the Historic/Archaeologic Preservation Board; and WHEREAS, Article VIII (Boards, Commissions, Committees and Authorities) of Chapter 2 (Administration) of the Collier County Code of Laws and Ordinances also contains the establishment, powers and duties of a number of decision-making and administrative bodies, including the Health Facilities Authority, the Housing Finance Authority, the Coastal Advisory Committee, the County Government Productivity Committee, the Hispanic Affairs Advisory Board, the Black Affairs Advisory Board, the Affordable Housing Advisory Committee, the Tourist Development Council, the Development Services Advisory Committee, the Animal Services Advisory Board, as well as others, and also contains Standards for the Creation and Review of County Boards; and WHEREAS, there are a limited number of annual amendment cycles for the Land Development Code, whereas amending general ordinances has no such constraint; and WHEREAS, the Board finds that it is in the public interest to relocate this portion of the Land Development Code into the Collier County Code of Laws and Ordinances and to create separate ordinances for each of these Boards, thereby making it easier to amend these rules and regulations as the need arises, as well as to have the ordinances concerning all of the County's decision-making and administrative bodies located within the same administrative section of the Collier County Code of Laws and Ordinances. Page 1 ofS .- Aqeilda It8m i'~o. 1 i3K3 , May 12, 2003 P::Jge 22 of 34 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: Collier County hereby readopts Section 8,06.00 (Environmental Advisory Council) of the Collier County Land Development Code in its entirety, as a separate, stand-alone ordinance, as follows: (1) Establishment There is hereby established an Environmental Advisory Council ("EAC"). The EAC obtains its jurisdiction, powers, and limits of authority from the BCC, and pursuant to this LDC, shall act in an advisory capacity to the BCC in matters dealing with the regulation, control, management, use, or exploitation of any or all natural resources of or within the County, and the review and evaluation of specific zoning and development petitions and their impact on those resources. (2) Purpose The EAC will function to: A. Advise on the preservation, conservation, protection, management, and beneficial use of the physical and biological natural resources (atmospheric, terrestrial, aquatic, and hydrologic) of the County in regard to the safety, health, and general well-being of the public; B. Advise and assist the County staff and the BCC toward developing the purpose, intent, and criteria of all County ordinances, policies, progranls, and other initiatives dealing with natural resources; C. Provide written and oral reports directly to the BCC regarding recommendations on matters dealing with the protection of natural resources; and D. Review and recommend stipulations addressing the preservation, conservation, protection, management, and beneficial use of the County's physical and hiological natural resources (atmospheric, terrestrial, aquatic, and hydrologic) for petitions and/or plans for selected development ordcrs, including, hut not limited to, rezones, developments of regional impact, P<.:lge 2 of8 Agenda Item No, 16K3 May 12, 2009 Page 23 of 34 provisional uses, subdivision master plans, and planned unit development amendments that are directed to the EAC by County staff, the BCC, or the provisions of this LDC. (3) Powers and Duties The powers and duties of the EAC are as follows: A. Identify, study, evaluate, and provide technical recommendations to the BCC on programs necessary for the conservation, management, and protection of air, land, and water resources and environmental quality in the County; B. Advise the BCC in establishing goals and objectives for the County's environmental conservation and management programs; C. Advise the BCC in developing and revlsmg, as appropriate, local rules, ordinances, regulations, programs, and other initiatives addressing the use, conservation, and preservation of the County's natural resources; D. Advise the BCC in the implementation and development of the GMP regarding environmental and natural resource issues; E. Advise the BCC in identifying and recommending solutions to existing and future environmental issues; F. Serve as the technical advisory committee to advise and assist the County in the activities involved in the development and implementation of the County environmental resources management program as stated in the Collicr County GMP; G, Implement the water policy pursuant to this LDC; H. Provide an opportunity for public comment on environmental issues, ordinances, and programs; 1. Implement the provisions of the Conservation and Coastal Management Element of the Collier County GMP during the rcview process for development petitions and/or plans; J. Participate in the review and recommendation process for excavations over 500,000 cubic yards; K. Assist in the implementation of any new programs, ordinances, and/or policies adopted by the BCC which deal with the conservation, management, and protection of air, land, water, and natural resources and environmental quality in the County; Page 3 of 8 !;genda item No. 16K3 May 12, 2009 Page 24 of 34 L. Provide an appellate forum and process to hear disputes between County staff and applicants concerning land development projects and recommend proposed stipulations for project approval or grounds for project denial for BCC consideration; M. Function as an environmental impact statement (E1S) review board pursuant to Chapter 10; and N. All preliminary subdivision plat and/or site development plan submissions for development or site alteration on a shoreline and/or undeveloped coastal barrier shall be reviewed and a recommendation shall be made for approval, approval with conditions or denial by the EAC. If the applicant chooses not to utilize the optional preliminary subdivision plat process, the review and approval will occur at the time of either the final plat and construction plans or the final plat. O. Scope of land development project reviews. The EAC shall review all land development petitions which require the following: an environmental impact statement (EIS) per section 10.02.02 of the LDC; all developments of regional impact (DRI); lands with special treatment (ST) or area of critical state concern/special treatment (ACSC/ST) zoning overlays; or any petition for which environmental issues cannot be resolved between the applicant and staff and which is requested by either party to be heard by the EAC. The EAC shall also review any petition which requires approval of the Collier County Planning Commission (CCPC) or the board of county commissioners (BCe) where staff receives a request from the chairman of the EAC, CCPC or the BCC for that petition to be reviewed by the EAC. 1. Any petitioner may request a waiver to the EAC hearing requirement, when the following considerations are met: I) no protected species or wetland impacts are identified on the site; 2) an EIS waiver has been administratively granted; 3) ST zoning is present and an administrative approval has been granted; or 4) an EIS was previously completed and reviewed by staff and heard by a predecessor environmental board, and that EIS is less than 5 years old (or if older than 5 years, has been updated within 6 months of submittal) and the master plan for the site does not show greater impacts to the previously designated preservation areas. 2. The surface water management aspects of any petition, that is or will be reviewed and permitted by South Florida Water Management District (SFWMD), are Page 4 DfS !\;}:;:lCla : ~em No. 16K3 May 12, 2009 PZ-!J9 25 of 34 exempt from review by the EAC except to evaluate the criteria for allowing treated stormwater to be discharged in Preserves as allowed in section 3.05.07. (4) Membership A. Appointment. Nine regular members and 2 alternate members of the EAC shall be appointed by, and serve at the pleasure of, the BCC. Alternate members will be requested to attend meetings when regular members have notified staff that they will be absent. Alternate members will participate in discussions and vote when replacing a regular member. Appointment to the EAC shall be by resolution of the BCC and shall set forth the date of appointment and the term of office. Each appointment shall be for a term of 4 years. Tern1s shall be staggered so that no more than a minority of such members' appointments will expire in anyone year. B. Vacancies, Vacancies on the EAC shall be publicized in a publication of general circulation within the County, and vacancy notices shall be posted in the County libraries and County courthouse. C. Qualifications. Members shall be permanent residents and electors of the County and should be reputable and active in community service. The primary consideration in appointing EAC members shall be to provide the BCC with technical expertise and other viewpoints that are necessary to effectively accomplish the EAC's purpose. In appointing members, the BCC should consider a membership guideline of 6 technical regular members and 3 non-technical regular members, and 2 technical altemate members. Technical members shall demonstrate evidence of expertise in I or more of the following areas related to environmental protection and natural resources management: air quality, biology (including any of the subdisciplines such as botany, ecology, zoology, etc.), coastal processes, estuarine processes, hazardous waste, hydrogeology, hydrology, hydraulics, land use law, land use planning, pollution control, solid waste, stormwater management, water resources, wildlife management, or other representative area deemed appropriate by the BCe. D. Removal. Any member of the EAC may be removed from office by a majority vote of the BCe. E. Officers. The officers of the EAC shall be a chairman and a vice-chairman. Officers' terms shall be for I year, with eligibility for reelection. The chairman and vice-chairman shall be F"lp('tpd h" ~ m~irrnt" ""tp ~t fhF" "TO"-:lni'7~ti,,"o:::al fnpptlllo o:::anr1 t'hPTPqrtPT qt t'hp fTrC't rfJoCTH1'lT ,.."pptl'n~ --"'_.- "'.J - ~~~"".J"~~'.J . "'.-.... ....- .....0-0...'.................. ...."''''.~..'O ....u~ ..~_."'......."'.. ... ....... '"'u.... .-0.......... ........-. '.0 Page S 0[8 ~ - --,..-~-- , :l::JiTi i\J:J. Cii-\.3 May 12. 2009 ~;6 uf 34 of the EAC in October of each year. The chairman shaH preside at all meetings of the EAC. The vice-chairman shall perform the duties of the chairman in the absence or incapacity of the chairman. In case of removal, resignation, or death of the chairman, the vice-chairman shall perform such duties as are imposcd on the chairman until such time as the EAC shall elect a new chairman. Should the offices of chairman and or vice-chairman become vacant, the EAC shall elect a successor from its membership at the next regular meeting. Such election shall be for the unexpired term of said office. (5) Quorum and Voting A simple majority of the appointed mcmbers of the EAC shall constitute a quorum for the purpose of conducting business, An affirmative vote of 5 or more members shall be necessary in order to take official action, regardless of whether 5 or more members of the EAC are present at a meeting. (6) Rules of Procedure A. The EAC shall, hy majority vote of the entire membcrship, adopt rules of procedure for the transaction of business and shall keep a record of meetings, resolutions, findings, and determinations. B. The following standing subcommittees comprised solely of the EAC's membership shall exist to advance the duties and responsibilities of the EAC: I. Growth management. The EAC may establish other subcommittees comprised solely of its membership to facilitate its functions. Meetings of the subcommittees shall confoml to the sanle public notice requirements as that of the EAC. (7) Compensation Members of the EAC shall scrve without compensation, but shall be entitled to receive rplrnhlu'sempnt fnr pvnpncpc rp<:1c.....n<:1bl" ;,,'-'l1lTpr! in d"lP .....Ar-rr\'rr....'H"ll"<p ^f" ih"",.... rl"t;ps "ne" "'''';^r ~""~&H"'" ~ ~U_~&& .....,. _at".....Lu.._..... &...................L~.... J u..........u.......... H "'U"'" p.......V...".u........... V" u.......u ........ n._ ...t ....... l-'~"V~ approval of the BCe. P3p:e 6 or S .~",,- l-.gf-;!ida 1!8m ['.)0. 16t(3 f-J;8Y 12. 2009 Pad8 27 of 34 (8) Meetings Regular meetings of the EAC shall be held on the first Wednesday of each month at 9:00 a.m. or otherwise as determined by the County Manger or designee, in the BCC's meeting room, third floor, building "F," Collier County Government Complex, Naples, Florida. Special meetings of the EAC may be called by the chairman or by a majority of the membership. (9) Evaluation of the EAC The EAC shall be reviewed for major accomplishments and whether it is serving the purpose for which it was created once every 4 years commencing with 2003 in accordance with the procedures contained in Collier County Ordinance No. 86-41, as amended. (10) Appeal A. Any person aggrieved by the decision of the County Manager or his designee regarding any petition for which environmental issues cannot be resolved between the applicant and staff in which there is no other avenue of appeal may file a written request for appeal, not later than 10 days after said decision, with the EAC. The EAC will notify the aggrieved person and the County Manager or his designee of the date, time and place that such appeal shall be heard; such notification will be given 21 days prior to the hearing unless all parties waive this requirement. The appeal will be heard by the EAC within 60 days of the submission of the appeal. No less than 10 days prior to the hearing the aggrieved person and staff shall submit to the EAC alld to the County Manager or his designee copies of the data and information they intend to use in the appeal, and will also simultaneously exchange such data and information with each other. Upon conclusion of the hearing the EAC will submit to the Board of County Commissioners its facts, findings and recommendations. The Board of County Commissioners, in regular session, will make the final decision to affirm, overrule or modify the decision of the County Manager or his designee in light of the recommendations of the EAC. SECTION TWO: Repeal of Ordinance. Concurrent with the effective date of this ordinance, Section 8,06.00 (Environmental Advisory Council) ofthe Collier County Land Development Code is hereby repealed in its entirety, Page 7 of?; -- ,6\genda i lern ~,jo. .; 61<3 May 12, 2009 Page 2a of 34 SECTION THREE: Conflict and Severability. In the event this Ordinance conflicts with any other ordinance of Collier County or other applicable law, the more restrictive shall apply, If any phrase or portion of the Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion. SECTION FOUR: Inclusion in the Code of Laws and Ordinances. The provisions of this Ordinance shall become and be made a part of Article VIII (Boards, Commissions, Committees and Authorities) of Chapter 2 (Administration) of the Code of Laws and Ordinances of Collier County, Florida. The sections of this ordinance may be renumbered or relettered to accomplish such, and the word "ordinance" may be changed to "section," "article," or any other appropriate word. SECTION FIVE: Effective Date. This Ordinance shall become effective upon receipt of notice from the Secretary of State that this Ordinance has been filed with the Secretary of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this _day of ,2009, ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: , Deputy Clerk By: DONNA FIALA, CHAIRMAN Approved as to form and legal su[iiciency: Jeffrey A. Klatzkow County Attorney Page oS ofF; n._ ~._..~ ~ .- i\genda Item No. 16K3 May 12, 2009 Page 29 of 34 ORDINANCE NO. 2009-_ AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, RELOCATING THE HISTORIC/ARCHAEOLOGIC PRESERVATION BOARD ORDINANCE FROM THE LAND DEVELOPMENT CODE INTO THE COLLIER COUNTY CODE OF LAWS BY READOPTING SAID CODE IN ITS ENTIRETY AS A STAND-ALONE ORDINANCE WHILE CONCURRENTLY REPEALING SECTION 8.07.00 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Chapter 8 of the Collier County Land Development Code sets forth the establishment, powers and duties of a number of decision-making and administrative bodies, including the Planning Commission, the Board of Zoning Appeals, the Building Board of Adjustments and Appeals, the Environmental Advisory Council, and the Historic/Archaeologic Preservation Board; and WHEREAS, Article VIII (Boards, Commissions, Committees and Authorities) of Chapter 2 (Administration) of the Collier County Code of Laws and Ordinances also contains the establishment, powers and duties of a nwnber of decision-making and administrative bodies, including the Health Facilities Authority, the Housing Finance Authority, the Coastal Advisory Committee, the County Government Productivity Committee, the Hispanic Affairs Advisory Board, the Black Affairs Advisory Board, the Affordable Housing Advisory Committee, the Tourist Development Council, the Development Services Advisory Committee, the Animal Services Advisory Board, as well as others, and also contains Standards for the Creation and Review of County Boards; and WHEREAS, there are a limited nwnber of annual amendment cycles for the Land Development Code, whereas amending general ordinances has no such constraint; and WHEREAS, the Board finds that it is in the public interest to relocate this portion of the Land Development Code into the Collier County Code of Laws and Ordinances and to create separate ordinances for each of these Boards, thereby making it easier to amend these rules and regulations as the need arises, as well as to have the ordinances concerning all of the County's Page I of6 ~,.~~- ,.6<:j8nda :t,:;m ~JD. 16K3 May 12, 2009 Page 30 Gf 34 decision-making and administrative bodies located within the same administrative section of the , Collier County Code of Laws and Ordinances. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: Collier County hereby readopts Section 8.07.00 (Historic!ArchaeoIogic Preservation Board) of the Collier County Land Development Code in its entirety, as a separate, stfuld-alone ordinance, as follows: (1) Establishment There is hereby created a Historic! Archaeological Preservation Board ("Preservation Board,") which shall serve as an advisory board to the BCC for Collier County, Florida. The Preservation Board is vested with the power, authority, and jurisdiction to designate, regulate, and administer historical and archaeological resources in the County, as set forth by this LDC, under the direct jurisdiction and control of the BCe. (2) Powers and Duties The Preservation Board shall have the following powers and duties: A. To propose rules and procedures to implement the provisions of this section to the BCC; B. To create a map delineating the areas of archaeological and historical significance which shall be subject to approval, by resolution, of the BCe. This map shall be known as "The map of Areas of Historical Archaeological Probability" and shall be completed within 1 year from the date of the first meeting of the Preservation Board; e. Maintain and update the map of Areas of Historical Archaeological Probability at intervals not to exceed 5 years. All subsequent changes to the map shall be subject to approval by the BCC; D. To designate specific sites, structures, districts, buildings, and properties as historically and or archaeologieally significant in accordance '.vith section 2.03.07 E.; E, To seek assistance and advice on teclmical related matters requiring professional expertise; Page 20f6 - t'\c;snda :terll l\lo. 16K3 ~ r\;1ay 12, 2009 Pclge 31 of 34 F. To maintain a master file of sites, districts, structures, buildings, and properties designated as historically significant; and maintain a separate master file of sites designated as archaeologically significant; G, To prepare and recommend to the BCC financial and technical incentive programs to further historic and archaeological preservation; H. To increase the awareness of historic and archaeological preservation and its community benefits by promoting public education programs; T ,. To apply for, in the nalne of the County only, graIlt assist3.l1ce from state, federal, or private sources for the purpose of furthering historic and archaeological preservation subject to approval of the BCC; J. To review the appropriateness of applying for the designation as a certified local government (36 C.F.R. S 61 (2001)) on behalfofthe County; K. Upon the County's designation as a certified local government, to review and make recommendations concerning National Register of Historic Places nomination proposals to the Florida review board; 1. To identify criteria for determining the potential location of historical archaeological sites which shall be used by project review services during site inspection; M. To design an application for the certificate of appropriateness; N, To issue certificates of appropriatcness based on critcria outlined in the V.S, Secretary of the Interior's "Standards for Rchabilitation" 36 e.F.R. S 67 (2001), as amended, and incorporated by reference herein; 0, To design an application for an historical archaeological survey and assessment waiver request; P. Review appeals for historical archaeological survey and assessment waiver requests denied by the County Manger or designee; Q. To design an application for designation of specific sites, districts, structures, buildings, and properties as historically archaeologically significant; and R. To perform any other function or duty assigned by the BCe. (3) Membership A, Appointments, The Preservation Board shall consist of 7 members appointed by the BCC. Each member of the Preservation Board shall hold of1ice only so long as he or she is a Page 3 of6 - --- 2\ge!lda1tem ~~o. ~ EK3 f'V1ay 12, 20C9 Page 32 of 34 resident of Collier County, Florida. Appointments shall be made by resolution of the BCC on the basis of a potential member's involvement in community issues, integrity, experience, and interest in the field of historical and archaeological preservation. B. Qualifications, The BCC shall appoint I member from each of the following categories: I. History; 2, Archaeology; 3. Real estate, land development, or finance; 4. Architecture, engineering, building constI"J.ction, and landscape architecture; and 5. Law or urban planning. The 2 remaining positions shall be filled by citizens at large, C. Term, All appointments shall be made for 3 years. A Preservation Board member shall be eligible for reappointment, but shall be limited to 2 consecutive terms. D. Officers, The members of the Preservation Board shall elect a chairman and a vice- chaimlan for a I year term each. The chairman shall preside at all meetings and shall have the right to vote. The vice-chairman shall preside in the absence of the chairman. The chairman and vice-chairman may be reelected for an additional I year term each, but may not serve for more than 2 consecutive years, E. Removal. Prior to the expiration of his or her term, a member of the Preservation Board may be removed from office by a majority vote of the BCe. A member of the Preservation Board shall be automatically removed if he is absent [rom 2 consecutive meetings without a satisfactory excuse or, in the alternative, if he is absent from more than 1/4 of the meetings in a given fiscal year, provided that the Preservation Board has met at least 8 times in the given fiscal year. Members shall be deemed absent from a meeting when they are not present during at least 75 percent of the meeting. F. Vacancy. The BCC shall fill the vacancy by appointment. (4) Compensation Members ofthc Preservation Board shall serve without compensation. (5) Meetings A. The Preservation Board shall meet at least once per month, at a date and time to be decided by the Preservation Board, unless there is no business pending before the Preservation Page 4 of6 _..=~-'""".....'-""~_.~~~~."~,"'."..- ~- '_.~~'--~ Agenda item r,o, 16K3 May 12, 2009 Page 33 of 34 Board. Regardless of the lack of pending business, the Preservation Board shall meet at least 4 times during any calendar year, B. All meetings of the Preservation Board shall be open to the public. C. A public record of the Preservation Board's minutes and resolutions shall be maintained and made available for inspection by the public. D. The Preservation Board's meeting agenda shall be published the Sunday prior to the scheduled meeting in a newspaper of general paid circulation in the County and of general interest and readership in the community. The ad may be placed where other legal notices appear. SECTION TWO: Repeal of Ordinance. Concurrent with the effective date of this ordinance, Section 8.07.00 (Historic/ Archaeologic Preservation Board) of the Collier County Land Development Code is hereby repealed in its entirety, SECTION THREE: Conflict and Severability. In the event this Ordinance conflicts with any other ordinance of Collier County or other applicable law, the more restrictive shall apply. If any phrase or portion of the Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion. SECTION FOUR: Inclusion in the Code of Laws and Ordinances, The provisions of this Ordinance shall become and be made a part of Article VIII (Boards, Commissions, Committees and Authorities) of Chapter 2 (Administration) of the Code of Laws and Ordinances of Collier County, Florida. The sections of this ordinance may be renumbered or relettered to accomplish such, and the word "ordinance" may be changed to "section," "article," or any other appropriate word. SECTION FIVE: Effective Date. This Ordinance shall become effective upon receipt of notice from the Secretary of State that this Ordinance has been tiled with the Secretary of State, Page 5 of6 - !te,ll r'~O. I GK3 May 12, 2009 Page 34 of 34 PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this _day of ,2009. ATTEST: DWIGHT E, BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA B". y. , Deputy Clerk By: DONNA FIALA, CHAIRMAN Approved as to fornl and legal sufficiency: Jeffrey A. Klatzkow County Attorney Page 6 of6 "'-'-~- -~,-~- -. -