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EAC Backup 05/05/2010ENVIRONMENTAL ADVISORY COUNCIL BACKUP DOCUMENTS MAY 59 2010 COLLIER COUNTY ENVIRONMENTAL ADVISORY COUNCIL AGENDA May 5, 2010 9:00 A.M. Commission Boardroom W. Harmon Turner Building (Building "F ") — Third Floor I. Call to Order II. Roll Call III. Approval of Agenda IV. Approval of March 3, 2010 minutes (note: there was no April 7, 2010 meeting) V. Upcoming Environmental Advisory Council Absences VI. Land Use Petitions A. Bay House Replat —Final Plat PL2009 -1449 A replat of all of Tract 1 of Cocohatchee River Trust P.U.D as recorded in Plat book 18, Pages 97 and 98 of the public records, lying in Section 21, Township 48 south, Range 25 East B. North Naples United Methodist Church Planned Unit Development PUDZ — 2008 — AR -13375 Section 10, Township 49 South, Range 25 East VII. New Business VIII. Old Business A. LDC Amendments 1. LDC Section 5.05.02 Marinas (Manatee Protection Plan shoreline LDC amendment) B. Code of Laws and Ordinances 1. Chapter 2, Article VIII, Division 23 (EAC Powers and Duties: Proposed changes to scope of land development project reviews) IX Subcommittee Reports X. Council Member Comments XI. Staff Comments A. Update members on projects B. December EAC Meeting — December 6 in Boardroom or December 1 at CDES? XII. Public Comments XIII. Adjournment Council Members: Please notify Susan Mason Environmental Services Principal Environmental Specialist no later than 5:00 p.m. on April 30 2010 if you cannot attend this meetinq or if you have a conflict and will abstain from voting on a petition (252- 2987). 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 ensure that a verbatim record of proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. I. II. III. Item VI.A. ENVIRONMENTAL ADVISORY COUNCIL STAFF REPORT MEETING OF MAY 5, 2010 NAME OF PETITIONER/PROJECT Petition No.: Re -Plat of Cocohatchee River Trust Plat PL 2009 -1449 Petition Name: Bay House Restaurant Applicant/Developer: Turtle Bay Holding Company, LLC Engineering Consultant: Coastal Engineering Consultants, Inc. Environmental Consultant: Coastal Engineering Consultants, Inc. LOCATION The subject property, known as the Cocohatchee River Trust PUD, consists of 8.15 acres and is located at 799 Walkerbilt Road, in Section 21, Township 48 South, Range 25 East, Collier County, Florida. DESCRIPTION OF SURROUNDING PROPERTIES ZONING N - Agricultural with Special Treatment Overlay (A -ST) S_ Planned Unit Development (PUD) E - General Commercial District (C -4) W- Planned Unit Development (PUD) IV. PROJECT DESCRIPTION DESCRIPTION Cocohatchee River Walkerbilt Road and then developed golf course Developed commercial Developed commercial The petitioner is requesting a Subdivision Plat (FP) for the Bay House Restaurant to vacate 0.27 acres of designated Preserve Area from Tract I of the 8.66 acre Cocohatchee River Trust PUD. This project proposes to reduce the size of the designated Preserve Area from 2.98 acres to 2.70 acres. Tract 2 within the PUD is not EAC Meeting Page 2 of 7 represented by the owner who has requested the removal of a portion of the Preserve area within this PUD. V. GROWTH MANAGEMENT PLAN CONSISTENCY A. Future Land Use Element The subject property is designated Urban - Mixed Use District, and the Coastal High Hazard Area, as identified on the Future Land Use Map of the Growth Management Plan. Relevant to the requested action, this Sub district permits residential development (variety of unit types) at a base density of 4 dwelling units per acre (DU /A) and is intended to accommodate a variety of residential and non - residential uses, including mixed -use developments such as Planned Unit Developments. The commercial activity authorized by the Cocohatchee River Trust PUD (Ordinance 82- 02 and amended by Ordinance 88 -30) has been found consistent by policy. Future Land Use Element: Based upon the above analysis, staff concludes the proposed plat can be deemed consistent with the Future Land Use Element (FLUE). B. Conservation & Coastal Management Element Goal 6: The County shall identify, protect, conserve and appropriately use its native vegetative communities and wildlife habitat. Policy 6.1.1 For the County's Urban Designated Area native vegetation shall be preserved through the application of the following preservation and vegetation retention standards and criteria... The project is consistent with Policy 6.1.1. This policy specifies that a minimum of 15% of native vegetation on commercially zoned property shall be set aside as a Preserve; this would be a minimum of 1.3 acres of Preserve. However, the PUD document indicates that a 2.39 -acre Preserve Area is required (PUD Ordinance 88- 30). The proposed project provides 2.7 acres of Preserve (31.14 %), thus meeting the PUD, LDC, and GMP requirements for preserve areas. Further, 6.1.1 (4) (a-fi describes the priority order for selecting native vegetation to be retained as preserve areas. The descending order of priority is: a. Wetland or upland areas known to be utilized by listed species or that serve as corridors for the movement of wildlife shall be preserved and protected in order to facilitate the continued use of the site by listed species or the movement through the site, consistent with the requirements of Policy 7.1.1 and 7.1.2 of this element. b. Xeric Scrub, Dune and Strand, Hardwood Hammocks. EAC Meeting Page 3 of 7 c. Onsite wetlands having functionality scores of at least 0.65 WRAP or 0.7 UMAM, unless permitted for impact pursuant to Policy 62.4 of this Element. WRAP means South Florida Water Management District's Wetland Rapid Assessment Procedures as described in Technical Publication Reg 001 (September 1997, as updated August 1999). UMAM means Uniform Wetland Mitigation Assessment Method as described in Chapter 62 -345, EA. C. d. Any upland habitat that serves as a buffer to a wetland area as identified in Paragraph (4)c. above, e. Dry Prairie, Pine Flatwoods, and f. All other native habitats. The 0.28 -acre of Preserve Area proposed to be removed from the existing 2.98 -acre Preserve Area consists of the following habitat types: 0.13 Streams and Waterways (512) 0.09 Mangroves (612) 0.01 Tidal Flats (65 1) 0.04 Spoil Area (743) The area in Tract 1 includes both 612 (mangroves) and 651 tidal flat associated with the man -made tidal lagoon). While there is listed species habitat on this site which ranks higher than high quality wetlands, the preserve was platted prior to this ranking requirement in the LDC and GMP. Policy 61.8 An Environmental Impact Statement (EIS) is required The project is consistent with Policy 6.1.8. This document comprises the Environmental Impact Statement. Goal 7: The County shall protect and conserve its fisheries and wildlife. No protected species were found on within the proposed area to be removed from the existing Preserve Area. A small population of gopher tortoises was located on Tract 2 however it is on uplands located outside of the designated Preserve Area. Goal 11: The County shall provide for the protection, reservation, and sensitive re -use of historic resources. EAC Meeting Page 4 of 7 There is no evidence or records to indicate that there are any historic resources on the project site (Attachment 10). VI. MAJOR ISSUES A. Stormwater Management A 0.4 -acre retention pond is located on land fronting Walkerbilt Rd. The retention pond discharges through the berm surrounding the retention area via a fixed elevation pipe into a ditch that empties into the river along the property line separating Tracts 1 and 2. Tract 3 has an access road to an off -site shopping center. The following information was provided from the Engineering Department: The Engineering Review department has no objection to or comments about the vacation of .27 acres from the Cocohatchee River Trust PUD as long as subsequent use of the vacated parcel does not interfere with existing drainage patterns. The petitioner must also obtain all pertinent permits for any future work. B. Environmental 1. Site Description The project site is an 8.67 acre parcel of land located slightly west of US 41 and between Walkerbilt Rd. and the Cocohatchee River. Tract 1 is a 1.8 —acre parcel that is developed (Bay House Restaurant). Tracts 2 and 3, totaling 6.87 - acres, are undeveloped except for an access road to an off -site shopping center on Tract 3. Tract 1 vegetation includes a narrow mangrove forested area bordering the Cocohatchee River. There is a man -made tidal lagoon on the Tract that connects to the River by a narrow opening. Immediately landward of the mangrove fringe is an area of disturbed vegetation growing on what appears to be the spoil from the lagoon. There is a small area of live oaks and cabbage palm trees landward of the disturbed area along the western property boundary. The majority of the parcel consists of the restaurant and parking lot. Tract 2 includes a wide swath of red, black and white mangroves that comprise approximately 30% of the Tract 2 acreage. Portions of the mangroves are infested with varying amounts of exotic vegetation, primarily Brazilian pepper. Upland of the mangroves is an area of pine flatwoods that has areas of exotic species infestations (Brazilian Pepper and Melaleuca). EAC Meeting Page 5 of 7 2. Wetlands The PUD has 2.4 acres of jurisdictional wetlands and 0.61 acres of surface waters. The applicant provided the following description of the wetland impacts within the EIS: The proposed deck will impact portions of the spoil area and man -made tidal lagoon. None of the mangroves will be impacted by this project. (p. 6). The proposed deck will have minimal impact on jurisdictional wetlands limited to minor, temporary disturbances resulting from installing the pilings during construction. Further, the deck is considered pervious. Last, the deck has been designed to provide sufficient buffer thus there will be no impact to the mangroves (p..11). Staff will review wetland impacts during Site Development Plan Amendment review; permits or exemptions will be required from the appropriate state agency. 3. Preservation Requirements The plat identifies a 2.98 -acre Preserve Area. This represents 34.37% of the 8.67 -acre PUD. Current County requirements for establishing Preserve areas on similar sized PUDs call for 15% of the property (1.3 acres) to be set aside as Preserve Area. However, the PUD for this project (88 -30) calls for 2.39 acres of Preserve Area. Removal of 0.28 acres of designated Preserve Area reduces the total new Preserve Area to 2.70 acres which meets the requirements of the LDC and the PUD. 4. Listed Species A total of five active or potentially occupied gopher tortoise burrows were located in the pine flatwoods habitat on Tract 2. VII. RECOMMENDATIONS Staff recommends approval of Re -Plat of Cocohatchee River Trust Plat PL 2009 -1449 with no stipulations. EAC Meeting Page 6 of 7 PREPARED BY: /9 C)0i0 S MER ARAQUE DATE SENIOR ENVIRONMENTAL SPECIALIST COLLIER COUNTY ENGINEERING, ENVIRONMENTAL, COMPREHENSIVE PLANNING, AND ZONING SERVICES DEPARTMENT / &�� - 4�n/ �—c . q / /I c-u_v RISTINE WILLOUGHBY DAT PLANNER COLLIER COUNTY ENGINEERING, ENVIRONMENTAL, COMPREHENSIVE PLANNING, AND ZONING SERVICES DEPARTMENT STAN CHRZAN , .E. DATE ENGINEERING REVIV MANAGER COLLIER COUNTY ENGINEERING, ENVIRONMENTAL, COMPREHENSIVE PLANNING, AND ZONING SERVICES DEPARTMENT EAC Meeting Page 7 of 7 REVIEWED BY: SUSAN MASON DATE PMN PI(L ENVIRONMENTAL SPECIALIST COLLIER COUNTY ENGINEERING, ENVIRONMENTAL, COMPREHENSIVE PLANNING, AND ZONING SERVICES DEPARTMENT z4_za-zota XIAMD.LO Z, Jr., P. . DIRECTOR DATE COLLIER COUNTY ENGINEERING, ENVIRONMENTAL, COMPREHENSIVE PLANNING, AND ZONING SERVICES DEPARTMENT kJ ASSISTANT COUNTY ATTORNEY OFFICE OF THE COLLIER COUNTY ATTORNEY APPROVED BY: '/'ff/o DATE 4n(' -Zd-lo NICK CASALAMGtrIDV DATE COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES INTERIM DIVISION ADMINISTRATOR I. II. III. ENVIRONMENTAL ADVISORY COUNCIL STAFF REPORT MEETING OF MAY 5, 2010 NAME OF PETITIONER/PROJECT Petition No.: PUDZ- 2008 -AR -13375 Petition Name: North Naples United Methodist Church Applicant/Developer: North Naples United Methodist Church (NNUMC) Engineering Consultant: Davidson Engineering, Inc. Environmental Consultant: Davidson Engineering, Inc. LOCATION The subject property is located on the east side of Goodlette -Frank Road, ±1500 feet north of Pine Ridge Road, in Section 10, Township 49 South, Range 25 East, Collier County, Florida. DESCRIPTION OF SURROUNDING PROPERTIES The proposed Planned Unit Development (PUD) is bordered by the existing North Naples United Methodist Church in the 300 -Acre Goodlette Road PUD to the north, retail and commercial development in Pine Ridge Commons PUD to the south, Pine Ridge Middle School in a Rural Agricultural zoning designation to the east, and single family homes in a Rural Agricultural zoning designation to the west. ZONING N - 300 -Acre Goodlette Road PUD (Planned Unit Development) S_ Pine Ridge Commons PUD E - Rural Agricultural (A) W - Rural Agricultural (A) DESCRIPTION Church and School on 19tacre tract, then Residential uses Retail and Commer- cial land uses Pine Ridge Middle School Single Family Homes Item VI.B. EAC Meeting Page 2 of 9 IV. PROJECT DESCRIPTION The North Naples United Methodist Church MPUD is a proposed 13.0± acre mixed -use development which may include a mix of community facility uses, including but not limited to a religious facility and associated uses, a kindergarten through 12'h grade school, assisted living facilities (ALF), continuing care retirement communities, (CCRC) and independent living units for age 55 plus and senior housing. The MPUD Master Plan depicts the location of a 7.69± acre development tract and a 3.15 ± acre preserve and lake tract which includes 1.19± acre of preserve area. V. GROWTH MANAGEMENT PLAN CONSISTENCY A. Future Land Use Element: The subject property is located within the Urban designated area (Urban — Urban Mixed Use District, Urban Residential Subdistrict) as identified on the countywide Future Land Use Map of the Growth Management Plan (GMP). This designation is intended for residential use and to accommodate a variety of non- residential uses, including community facilities such as churches, group housing uses, cemeteries, and schools. Commercial uses are allowed as accessory to other permitted uses so long as restrictions and limitations are imposed to insure the commercial use functions as an accessory, subordinate use. Future Land Use Element (FLUE) Policy 5.4 states: "New developments shall be compatible with, and complementary to, the surrounding land uses as set forth in the Land Development Code." It is the responsibility of the Zoning and Land Development Review staff as part of their review of the petition in its entirety to perforn the compatibility analysis. The Comprehensive Planning staff finds the proposed rezone consistent with the FLUE. B. Conservation & Coastal Management Element Policy 2.2.2 In order to limit the specific and cumulative impacts of stormwater run -off, stormwater systems should be designed in such a way that discharged water does not degrade receiving waters and an attempt is made to enhance the timing, quantity and quality of fresh water to the estuarine system. Non - structural methods such as discharge and storage in wetlands are encouraged. EAC Meeting Page 3 of 9 The stormwater management system for the NNUMC property has been designed according to SFWMD rules and criteria. Policy 2.2.3 Chemical spraying for aquatic weed control should be conducted with extreme caution. The use of appropriate biological and mechanical (use of harvesting equipment to remove vegetation) controls in both the canal system and stormwater detention ponds is encouraged. Manufacturers and EPA guidelines for chemical use in aquatic habitat will be followed. Any aquatic areas (lakes) created in conjunction with this project will be subject to and will adhere to this policy. GOAL 6: THE COUNTY SHALL IDENTIFY, PROTECT, CONSERVE AND APPROPRIATELY USE ITS NATIVE VEGETATIVE COMMUNITIES AND WILDLIFE HABITAT. OBJECTIVE 6.1 The County shall protect native vegetative communities through the application of minimum preservation requirements. The following policies provide criteria to make this objective measurable. These policies shall apply to all of Collier County except.for that portion of the County which is identified on the Countywide Future Land Use Map (FLUM) as the Rural Lands Stewardship Area Overlay. Policy 6.1.1 For the County's Urban Designated Area... native vegetation shall be preserved on -site through the application of the following preservation and vegetation retention standards and criteria... The NNUMC MPUD is a mixed use project with Commercial and Community Facility uses in the Urban Designated Area and therefore under current code is subject to providing 15% native vegetation. This site has 7.96 acres existing native vegetation; 15% is 1.19 acres required and to be preserved. Policy 6.1.4: Prohibited invasive exotic vegetation shall be removed from all new The NNUMC property does contain exotic and nuisance vegetation. Melaleuca, Brazilian pepper, lygodium, and earleaf acacia are the species with the greatest presence. Exotic densities vary throughout the site, but are extremely dense in the southwest corner of the property. All exotics will be removed from the site EAC Meeting Page 4 of 9 according to the included Preserve Management Plan (PMP), Exhibit 5 of the EIS. The site will be maintained free of exotic and nuisance vegetation in perpetuity. Policy 6.1.7: The County shall require native vegetation to be incorporated into landscape designs in order to promote the preservation of native plant communities and to encourage water conservation. "The NNUMC project will utilize native vegetation species throughout project landscaping, littoral zones, and perimeter buffers as required by current County code" (p. 14 of EIS). Policy 6.1.8: An Environmental Impact Statement (EIS), or submittal of appropriate environmental data as specified in the County's land development regulations, is required... This requirement has been satisfied. OBJECTIVE 6.2: The County shall protect and conserve wetlands and the natural functions of wetlands pursuant to the appropriate policies under Goal 6. The following policies provide criteria to make this objective measurable. The County's wetland protection policies and strategies shall be coordinated with the Watershed Management Plans as required by Objective 2.1 of this Element. Policy 6.23: As required by Florida Administrative Code M5- 5.006(1)(b), wetlands identified by the 1994 -95 SFWMD land use and land cover inventory are mapped on the Future Land Use Map series. These areas shall be verified by jurisdictional field delineation, subject to Policy 6.2.2 of this element, at the time of project permitting to determine the exact location of jurisdictional wetland boundaries. The property does not contain jurisdictional wetlands. A formal wetland jurisdictional with the SFWMD was completed on May 21St, 2008 by Holly Bauer - Windhorst. She confirmed that there are no jurisdictional wetlands on the property. See attached formal wetland determination (Application No. 080318- 15); it is attached as Exhibit 4 of the EIS. EAC Meeting Page 5 of 9 GOAL 7. THE COUNTY SHALL PROTECT AND CONSERVE ITS FISHERIES AND WILDLIFE. OBJECTIVE 7.1 The County shall direct incompatible land uses away from listed animal species and their habitats. The County relies on the listing process of State and Federal agencies to identify species that require special protection because of their endangerec4 threatened, or species of special concern status. Listed animal species are those species that the Florida Fish and Wildlife Conservation Commission has designated as endangered, threatened, or species of special concern, in accordance with Rules 68A- 27.003, 68A - 27.004, and 68A - 27.005, F.A.C. and those species designated by various federal agencies as Endangered and Threatened species published in 50 CFR 17. Policy 7.1.2: Within areas of Collier County, excluding the lands contained in the RLSA Overlay, nonagricultural development, excluding individual single family residences, shall be directed away from listed species and their habitats by complying with the following guidelines and standards: The most recent wildlife survey for the NNUMC property is included as attachment to the EIS. An offshe relocation permit from the FWC was received and the tortoise on the property have been relocated to the City Gate recipient site in the northern Picayune Strand State Forest. VI. MAJOR ISSUES A. Stormwater Management The North Naples United Methodist Church ( NNUMC) SFWMD ERP dates back to 1999. The parcel that the northern church property sits on is part of the Autumn Woods PUD (a.k.a. 300 Acre Goodlette Road PUD) and that PUD's water management system is the receiving body for runoff from NNUMC. Autumn Woods sits within the Gordon River Extension Basin and discharge is from the southeast coiner toward the south. The NNUMC was first permitted by SFWMD as modification —P -02 under ERP 11- 01474, which is the overall permit for Autumn Woods. Any additions or modifications to the site will be reviewed and handled by SFWMD. EAC Meeting Page 6 of 9 B. Environmental 1. Site Descriution The site is currently undeveloped and consists of shrub and brushland with exotics; melaleuca; and a small pine flatwood area. The exotic vegetation on the property includes downy rose myrtle, Brazilian pepper, old world climbing fern, and melaleuca, According to the 1975 aerial, the entire property was used for agriculture at that time. Since that time, native and exotic vegetation has grown back on the property 2. Wetlands The property does not contain jurisdictional wetlands. A formal wetland jurisdictional has been completed by the SFWMD. I Preservation Requirements The proposed use of the property is a MPUD and therefore 15% of the existing native vegetation on the property is required to be preserved. The calculations for this property are as follows: 13.09 acres total -1.86 acres FPL and Goodlette -Frank ROW -0.36 acres City of Naples UE -1.29 acres FLUCCS 424 melaleuca -1.62 acres Lygodium monoculture area =7.96 acres existing indigenous vegetation *15% =1.19 acres to be preserved Staff worked with the applicant to select an appropriate preserve location. The rear of the property is mostly monoculture of exotic vegetation or high percentage of exotic vegetation. This resulted in placing the 1.19 acre preserve in the southwest corner of the property abutting the various easements on the property. The preserve constitutes some of the best habitat on the property on includes a number of large oak trees. The specific configuration of the preserve can be found on the Master Concept Plan. 4. Listed Species A protected species survey was conducted in 2007. During the survey, 19 active, 10 inactive, and 10 abandoned burrows were flagged in the field. An offsite relocation permit from the FWC was received and the tortoise on the property have been relocated to the City Gate recipient site in the northern EAC Meeting Page 7 of 9 Picayune Strand State Forest. All burrows on the property were excavated on July 30tt', 31St, and August I"2008by Jeremy Sterk of Davidson Engineering and Ray Ashton of the Ashton Biodiversity Organization. A total of 12 tortoises were excavated from the property and relocated to the approved recipient site. It appeared that individual tortoise on the NNUMC property were utilizing more than one burrow; this would explain the low density based on the number of burrows excavated. Field data sheets and appropriate information were forwarded to the FWC after completion of the relocation. VII. RECOMMENDATIONS Staff recommends approval of Naples United Methodist Church PUDZ- 2008 -AR- 13375 with no stipulations. EAC Meeting Page 8 of 9 PREPARED BY: 'U MER ARAQ E' DA E SENIOR ENVIRONMENTAL SPECIALIST COLLIER COUNTY ENGINEERING, ENVIRONMENTAL, COMPREHENSIVE PLANNING, AND ZONING SERVICES DEPARTMENT NANCY G DIH, AICP DATE PRINCIPA Q A ER COLLIER UNTY ENGINEERING, ENVIRONMENTAL, COMPREHENSIVE PLANNING, AND ZONING SERVICES DEPARTMENT i.g f? to STAN CHRZANO KI, P.E. DATE ENGINEERING IEW MANAGER COLLIER COUNTY ENGINEERING, ENVIRONMENTAL, COMPREHENSIVE PLANNING, AND ZONING SERVICES DEPARTMENT EAC Meeting Page 9 of 9 REVIEWED BY: �.r r(1 00/0 SUSAN. MASO,I<T DATE PRINCI`PA " VIRONMENTAL SPECIALIST COLLIER'COUNTY ENGINEERING, ENVIRONMENTAL, COMPREHENSIVE PLANNING, AND ZONING SERVICES DEPARTMENT 04 - 20 -2-01 o DIRECTOR DATE COLLIER COUNTY ENGINEERING, ENVIRONMENTAL, COMPREHENSIVE PLANNING, AND ZONING SERVICES DEPARTMENT U� ASSISTANT COUNTY ATTORNEY OFFICE OF THE COLLIER COUNTY ATTORNEY APPROVED BY: Y /a /d DATE +aO NICK ASALANG A DATE COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES INTERIM DIVISION ADMINISTRATOR Text underlined is new text to be added. Bold text indicates a defined term LDC Amendment Request ORIGIN: Board of County Commissioners AUTHOR: Stephen Lenberger, Senior Environmental Specialist DEPARTMENT: Department of Engineering, Environmental, Comprehensive Planning and Zoning Services AMENDMENT CYCLE: 2009 Cycle LDC PAGE: LDC5:28 -5.30 LDC SECTION(S): 5.05.02 CHANGE: To clarify how the County will treat the length of shoreline within conservation easements when calculating the amount of wetslips according to the Manatee Protection Plan, REASON: The rating system used in calculating the maximum number of wetslips in accordance the Manatee Protection Plan, uses the amount of shoreline to calculate the maximum number of wetslips. Although the LDC specifies that the purpose of the marina siting criteria is to help determine the maximum wet slip densities in order to improve existing Manatee protection, neither the LDC nor the Manatee Protection Plan specifically addresses shoreline within conservation easements. State agency staff from the Florida Fish and Wildlife Conservation Commission, have advised County staff that the total length of shorelines, including that which is within conservation easements, is used in the calculations for maximum allowable wetslips where the purpose of the conservation easement is vegetation management. However, where the conservation easement prohibits "in -water structures ", the length of shoreline within the conservation easement is excluded from the calculations and thus, the number of allowable wetslips are reduced in proportion to the length of the excluded shoreline. State staff indicate that "in -water structures" can be characterized as the construction and operation of future docks, wet or dry slips, piers, launching facilities or structures other than existing on the property, or activities detrimental to drainage, flood control, water conservation, erosion control, soil conservation, or fish and wildlife habitat preservation including, but not limited to, ditching, diking, dredging, and fencing. In January 2006 during evaluation of a project, staff from the Office of the County Attorney reviewed various documents including the existing conservation easement on the project, the GMP, LDC, Manatee Protection Plan, State Statutes, and State cases in order to determine whether shoreline length in the conservation easement area should be excluded from the calculation to determine the number of allowable boat slips. The result of this review essentially provided staff with a procedure that specified that staff should review the actual language of a conservation easement to determine if the easement language includes or excludes the use of the 1 CADocuments and Settings \brownaraquesummer \Local Settings \Temporary Internet Files \Content.Outlook \DWH27PZF \5 05 02 - MPP Shoreline Calculations (041410) SL (3).doc Text underlined is new text to be added. Bold text indicates a defined term easement shoreline to calculate the amount of wetslips. Inspecting the conservation easement to determine its prohibitions is also consistent with the State's application. During the April 22, 2008 BCC meeting, item 813, the BCC provided direction to staff on how to treat shoreline within conservation easements in calculating the number of wetslips pursuant to the Manatee Protection Plan. The Board direction was to exclude shoreline within County required preserve areas and State and Federal conservation easements which do not allow wetslips within their conservation easements when calculating the maximum allowable number of wetslips pursuant to the Manatee Protection Plan and add a Conditional Use to allow more boat slips if you provide public access (50 %) available to the public. The proposed amendment is in accordance with the BCC's direction. Meetings were held with stakeholders on May 22, 2008, June 17, 2008 and May 13, 2009, with no common ground among the stakeholders. FISCAL & OPERATIONAL IMPACTS: Staff will need to review the language of the conservation easement in order to determine if it includes or excludes the shoreline from calculating maximum allowable wetslips. Obtaining and evaluating the conservation easement for applicable language should take no more than one hour of staff time. RELATED CODES OR REGULATIONS: None GROWTH MANAGEMENT PLAN IMPACT: None. The County has incorporated the Manatee Protection Plan within Conservation and Coastal Management Policy 7.2.1 and Policy 7.2.3. OTHER NOTES/VERSION DATE: Created April 14, 2010. Amend the LDC as follows: 5.05.02 Marinas A. The following standards are for the purpose of manatee protection and are applicable to all multi -slip docking facilities with ten slips or more, and all marina facilities. B. Proposed developments will be reviewed for consistency with the Manatee Protection Plan ( "MPP ") adopted by the BCC and approved by the DER If the location of the proposed development is consistent with the MPP, then the developer will submit a "Manatee Awareness and Protection Plan," which shall address, but not be limited to, the following categories: 1. Education and public awareness. 2. Posting and maintaining manatee awareness signs. 3. Information on the type and destination of boat traffic that will be generated from 2 CADocuments and Settings \brownaraquesummer \Local Settings \Temporary Internet Files \Content.Outlook \DWH27PZF \5 05 02 - MPP Shoreline Calculations (041410) SL (3).doc Text underlined is new text to be added. Bold text indicates a defined term the facility. 4. Monitoring and maintenance of water quality to comply with state standards. 5. Marking of navigational channels, as may be required. C. A rating system is established to evaluate proposed marina facilities. The purpose of the marina site rating system is to help determine the maximum wet slip densities in order to improve existing Manatee protection. The marina site rating system gives a ranking based on three (3) criteria: water depth, native marine habitat, and manatee abundance. In evaluating a parcel for a potential boat facility, a minimum sphere of influence for the boat traffic must be designated. For the proposed marina facility, an on -water travel distance of five (5) miles is considered the sphere of influence. A preferred rating is given to a site that has or can legally create adequate water depth and access, will not impact native marine habitats, and will not impact a high manatee use area (See Table 5.05.02(C)(5)). A moderate ranking is given to a site where: there is a adequate water depth and access, no impact to a high manatee use area, but there is an impact to native marine habitat; there is adequate water depth, no impact to native marine habitat, but impacts a high manatee use area; and when the water depth is less than four (4) feet mean low water (MLW), no impact to native marine habitat, and no impact to a high manatee use area. 3. A protected ranking is given to a site where: there is adequate water depth and access, but there is an impact to native marine habitat and there is an impact to a high manatee use area; there is not adequate water depth, there is impact to or destruction of native marine habitat, and there is impact to a high manatee use area; there is not adequate water depth, no impact to marine habitat, but there is impact to a high manatee use area; or there is not adequate depth, there is impact to marine habitat, and no impact to a high manatee use area. 4. The exact areas will depend on site specific data gathered during the site development process reviews. Table of Siting Criteria 3 CADocuments and Settings \brownaraquesummer \Local Settings \Temporary Internet Files \Content.Outlook \DWH27PZF \5 05 02 - MPP Shoreline Calculations (041410) SL (3).doc Water Depth Measured at MLW Native Marine Habitat Manatee Use 4 ft. or more Less than 4 ft. No Im actl Impact Not High High Preferred X X X Moderate X X X Moderate X X X Moderate X X X Protected X X X Protected X X X Protected X X X Protected X X I X 3 CADocuments and Settings \brownaraquesummer \Local Settings \Temporary Internet Files \Content.Outlook \DWH27PZF \5 05 02 - MPP Shoreline Calculations (041410) SL (3).doc Text underlined is new text to bg added. Bold text indicates a defined term 1 For shoreline vegetation such as mangroves, "no impact' is defined as no greater than five (5) percent of the native marine habitat is disturbed. For sea grasses, "no impact' means than no more than 100 square feet of sea grasses can be impacted. D. Allowable wet slip densities. 1. Preferred sites. New or expanded wet slip marinas and multi - family facilities shall be allowed at a density of up to eighteen (18) boat slips for every 100 feet of shoreline. Expansion of existing and construction of new dry storage facilities is allowed. Expansion of existing and construction of new boat ramps is allowed. 2. Moderate development sites. New or expanded wet slips and multi - family facilities shall be allowed at a density of up to ten (10) boat slips for every 100 feet of shoreline. Expansion of existing dry storage facilities is allowed. Construction of new dry storage facilities is prohibited. Expansion of existing boat ramps is allowed. Construction of new boat ramps is prohibited. 3. Protected sites. New or expanded wet slip marinas and multi - family facilities shall be allowed at a density of one (1) boat slip for every 100 feet of shoreline. Expansion of existing dry storage facilities or construction of new dry storage facilities is prohibited. Expansion of existing boat ramp or construction of new boat ramps is prohibited. E. If a potential boat facility site is ranked as moderate or protected because of its proximity to a high use manatee area, its ranking can be increased if slow speed zones are established that account for a significant portion of the expected travel route of the boats using the proposed facility. In that case, the manatee criteria in the three (3) way test (see Table 5.05.02(C)(5)) would not affect the outcome of the ranking. If such slow speed zones are not existing, the County may establish, with DEP approval, additional slow speed zones in order to mitigate the proposed additional boat traffic. F. Existing facilities and facilities which had state or federal permits prior to adoption of the MPP shall be exempt from these provisions, but will be subject to all other requirements of this Code. G. The definition of shoreline for the purpose of the Manatee Protection Plan shall be the interface of land and water at mean high water, as established using standard survey techniques Shoreline within County required preserves or within State and Federal conservation easements which do not allow wetslips within their conservation easements shall not be used in calculating the maximum allowable number of wetslips pursuant to the Manatee Protection Plan except that projects which make 50 percent or more of their wetslips available for public use may request additional boat slips as a Conditional Use Any existing or vested right with respect to wetslips shall be exempted from this ordinance. (Ord. No. 05 -27, § I FF) 4 CADocuments and Settings \brownaraquesummer \Local Settings \Temporary Internet Files \Content.Outlook \DWH27PZF \5 05 02 - MPP Shoreline Calculations (041410) SL (3).doc AGENDA ITEM TITLE: Pp + AGENDA ITEM NUMBER PLEASE PRINT CLEARLY 571517,0j o PLACE OMPLETED FORM ON THE TABLE LEFT OF THE DIAS IN THE BOARD ROOM PROR TO THE SUBJECT BEING HEARD. NAME: L}. I� ADDRESS: REPRESENTING: PETITIONER01 7 OTHER: ii COLLIER COUNTY ORDINANCE NO. 07 -24 REQUIRES THAT ALL LOBBYISTS SHALL, BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES (INCLUDING, BUT NOT LIMITED TO, ADDRESSING THE BOARD OF COUNTY COMMISSIONERS, REGISTER WITH THE CLERK TO THE BOARD AT -1 JC M-A Rn RAiM iTPR ANn RECORDS DEPARTMENT, 4T" FLOOR, W. HARMON TURNER BUILDING, 3301 EAST TAMIAMI TRAIL, NAPi F�q FI_. AGENDA ITEM TITLE: L D,/'7 d AGENDA ITEM NUMBER: PLEASE PRINT CLEARLY PLACE COMPLETED FORM ON THE TABLE LEFT OF THE DIAS IN THE BOARD ROOM PROR TO THE SUBJECT BEING HEARD. /NAME: Gtr Sc �/ �, � ADDRESS:0 s T i �'► / 1 ��' REPRESENTING: PETITIONER: OTHER: VA COLLIER COUNTY ORDINANCE NO. 07 -24 REQUIRES THAT ALL LOBBYISTS SHALL, BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES (INCLUDING, BUT NOT LIMITED TO, ADDRESSING THE BOARD OF COUNTY COMMISSIONERS, REGISTER WITH THE CLERK TO THE BOARD AT THE BOARD MINUTES AND RECORDS DEPARTMENT, 4T" FLOOR, W. HARMON TURNER BUILDING, 3301 EAST TAMIAMI TRAIL, NAPLES, FL. YOU ARE LIMITED TO THREE (3) MINUTES FOR YOUR COMMENTS AND ARE TO ADDRESS ONLY THE CHAIR. AGENDA ITEM TITLE: GDG s�jrti L� Air,� -d H- s�.��� AGENDA ITEM NUMBER: PLEASE PRINT CLEARLY PLACE COMPLETED FORM ON THE TABLE LEFT OF THE DIAS IN THE BOARD ROOM PROR TO THE SUBJECT BEING HEARD. NAME: ADDRESS: - ;s "g REPRESENTING: PETITIONER: OTHER: /11 //-f�r✓ COLLIER COUNTY ORDINANCE NO. 07 -24 REQUIRES THAT ALL LOBBYISTS SHALL, BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES (INCLUDING, BUT NOT LIMITED TO, ADDRESSING THE BOARD OF COUNTY COMMISSIONERS, REGISTER WITH THE CLERK TO THE BOARD AT THE BOARD MINUTES AND RECORDS DEPARTMENT, 4T" FLOOR, W. HARMON TURNER BUILDING, 3301 EAST TAMIAMI TRAIL, NAPLES, FL. YOU ARE LIMITED TO THREE (3) MINUTES FOR YOUR COMMENTS AND ARE TO ADDRESS ONLY THE CHAIR. AGENDA ITEM TITLE: C > i-t o-� G � AGENDA ITEM NUMBER: PLEASE. PRINT CLEARLY PLACE COMPLETED FORM ON THE TABLE LEFT OF THE DIAS IN THE BOARD ROOM PROR TO THE SUBJECT BEIN NAME: �ITLt; N �i W 6 A /& � ADDRESS: D S ESS: l Z� ( a REPRESENTING: PETITIONER: HEARD. ,2 --�z3/ 1,3q-log rr �Q OTHER: 4I C,X/��f COLLIER COUNTY ORDINANCE No. 07-24 REQUIRES THAT ALL LOBBYISTS SHALL, BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES (INCLUDING, BUT NOT LIMITED TO, ADDRESSING THE BOARD OF COUNTY COMMISSIONERS, REGISTER WITH THE CLERK TO THE BOARD AT THE BOARD MINUTES AND RECORDS DEPARTMENT, 4T" FLOOR, W. HARMON TURNER BUILDING, 3301 EAST TAMIAMI TRAIL, NAPLES, FL. YOU ARE LIMITED TO THREE (3) MINUTES FOR YOUR COMMENTS AND ARE TO ADDRESS ONLY THE CHAIR. AGENDA ITEM TITLE: (� ��^ -�i� AGENDA ITEM NUMBER: PLEASE PRINT CLEARLY PLACE COMPLETED FORM ON THE TABLE LEFT OF THE DIAS IN THE BOARD ROOM PROR TO THE SUBJECT BEING HEARD. NAME: ll;�k s:nl (!b Exll —f I' ADDRESS: S5s-c-f REPRESENTING: PETITIONER: c��THER: f` �v(, `COL 1,4�C�� COLLIER COUNTY ORDINANCE NO. 07 -24 REQUIRES THAT ALL LOBBYISTS SHALL, BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES (INCLUDING, BUT NOT LIMITED TO, ADDRESSING THE BOARD OF COUNTY COMMISSIONERS, REGISTER WITH THE CLERK TO THE BOARD AT THE BOARD MINUTES AND RECORDS DEPARTMENT, 4T" FLOOR, W. HARMON TURNER BUILDING, 3301 EAST TAMIAMI TRAIL, NAPLES, FL. AGENDA ITEM TITLE: �'�C AGENDA ITEM NUMBER: 1 1 PLEASE PRINT CLEARLY PLACE COMPLETED FORM ON THE TABLE LEFT OF THE DIAS IN THE BOARD ROOM PROR TO THE SUBJECT BEING HEARD. � r1 NAME: i�-` "lam �[ `"� �� ADDRESS: REPRESENTING: PETITIONER: _� n C'-) OTHER: COLLIER COUNTY ORDINANCE NO. 07 -24 REQUIRES THAT ALL LOBBYISTS SHALL, BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES (INCLUDING, BUT NOT LIMITED TO, ADDRESSING THE BOARD OF COUNTY COMMISSIONERS, REGISTER WITH THE CLERK TO THE BOARD AT THE BOARD MINUTES AND RECORDS DEPARTMENT, 4T" FLOOR, W. HARMON TURNER BUILDING, 3301 EAST TAMIAMI TRAIL, NAPLES, FL. YOU ARE LIMITED TO THREE (3) MINUTES FOR YOUR COMMENTS AND ARE TO ADDRESS ONLY THE CHAIR. AGENDA ITEM TITLE: L,5-� C n)--) AGENDA ITEM NUMBER PLEASE PRINT CLEARLY PLACE COMPLETED FORM ON THE TABLE LEFT OF THE DIAS IN THE BOARD ROOM PROR TO THE SUBJECT BEING HEARD. NAME: ADDRESS: REPRESENTING: PETITIONER: jpd ` I-� OTHER: COLLIER COUNTY ORDINANCE NO. 07 -24 REQUIRES THAT ALL LOBBYISTS SHALL, BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES (INCLUDING, BUT NOT LIMITED TO, ADDRESSING THE BOARD OF COUNTY COMMISSIONERS, REGISTER WITH THE CLERK TO THE BOARD AT THE BOARD MINUTES AND RECORDS DEPARTMENT, 4T" FLOOR, W. HARMON TURNER BUILDING, 3301 EAST TAMIAMI TRAIL, NAPLES, FL. YOU ARE LIMITED TO THREE (3) MINUTES FOR YOUR COMMENTS AND ARE TO ADDRESS ONLY THE CHAIR. Proposed changes to Article VIII (Boards, Commissions, Committees and Authorities), Chapter 2 (Administration), Code of Laws and Ordinances The following changes to the EAC section of the Code of Laws and Ordinances is being proposed by staff to address the requirements of Policies 6.1.1 (13) and 6.1.8 of the Conservation and Coastal Management Element (CCME) of the GMP. Proposals include creation of a deviation process to the native vegetation retention requirements identified in Policy 6.1.1 (13) and replacement of the Environmental Impact Statement (EIS) document and EIS approval process, with submission of environmental data in which to review projects (separate LDC amendment). The complete wording of these GMP Policies, are provided below (underlined /strike through versions provided to identify changes adopted with the EAR -based GMP amendments). Development orders proposed by staff to be reviewed by the EAC include Conditional Use (CU) and rezone applications, where projects are analyzed and conditions of approval normally placed on these petitions. Under the current proposal, final development orders such as SDPs, excavation permits and subdivision plats, with specific development standards already contained in the LDC or Code of Laws and Ordinances, will, for the most part, not be reviewed by the EAC. The EAC will continue to review projects in environmentally sensitive areas. CCME Policy 6.1.8 An Environmental Impact Statement (EIS), or submittal of appropriate environmental data as specified in the County's land development regulations, is required, to provide a method to objectively evaluate the impact of a proposed development, site alteration, or project upon the resources and environmental quality of the project area and the community and to insure that planning and zoning decisions are made with a complete understanding of the impact of such decisions upon the environment, to encourage projects and developments that will protect, conserve and enhance, but not degrade, the environmental quality and resources of the particular project or development site, the general area and the greater community. The County's land development regulations shall establish the criteria for determining the he type of proposed development requiring an EIS, including the size and nature of the proposed development, the location of the proposed development in relation to existing environmental characteristics, the degree of site alterations, and other pertinent information. An EIS shall be requifed fef . 1. Afiy site with an ST or AGSG ST oveflay, of ::T* "crxebeHfid nies of Sending r .,lids OF 2. All sites seawmd of the Coastal High Hazard Area boundaffthat aFe 2.5 or- mer-e aefes. 3. All sites - landward of the Coastal High 14aZaFd Area ",,,.,,nary that aFe yen of more aeres. CCME Policy 6.1.1 (13) The Countv may Brant a deviation to the native vegetation retention requirements of this Polic except for the Native Vegetation Retention Requirements Table, and provisions in Paragraphs 1, 2 3 6 and 7. Within one year of the effective date of these amendments, the County shall adopt land development regulations to set forth the process for obtaining a deviation. The regulations shall allow for the granting of a deviation by the appropriate review board after a public hearing, and for the rg anting of a deviation administratively. The County shall consider the amount and type of native vegetation and the presence of listed species in determining whether the rag ntina of a deviation requires apublic hearing, or r maw granted administratively. The County may grant a deviation _ if - a County, Federal or State agencies require that site improvements be located in areas which result in an inability to meet the provisions of this Policy, or b On or off -site environmental conditions are such that the application of one or more provisions of this Policy is or will result in a preserve area of lesser quality, or c The strict adherence to these provisions will not allow for the implementation of other Plan policies that encourage beneficial land uses. Proposed revisions to the EAC section of the Code of Laws and Ordinances: (Draft for May 5, 2010 EAC meeting) (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 shall act in an advisory capacity to the BCC in matters dealing with the regulation, control, management, use, or . �. CCME Policy 6.1.1 (13) The Countv may Brant a deviation to the native vegetation retention requirements of this Polic except for the Native Vegetation Retention Requirements Table, and provisions in Paragraphs 1, 2 3 6 and 7. Within one year of the effective date of these amendments, the County shall adopt land development regulations to set forth the process for obtaining a deviation. The regulations shall allow for the granting of a deviation by the appropriate review board after a public hearing, and for the rg anting of a deviation administratively. The County shall consider the amount and type of native vegetation and the presence of listed species in determining whether the rag ntina of a deviation requires apublic hearing, or r maw granted administratively. The County may grant a deviation _ if - a County, Federal or State agencies require that site improvements be located in areas which result in an inability to meet the provisions of this Policy, or b On or off -site environmental conditions are such that the application of one or more provisions of this Policy is or will result in a preserve area of lesser quality, or c The strict adherence to these provisions will not allow for the implementation of other Plan policies that encourage beneficial land uses. Proposed revisions to the EAC section of the Code of Laws and Ordinances: (Draft for May 5, 2010 EAC meeting) (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 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, programs, 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 biological natural resources (atmospheric, terrestrial, aquatic, and hydrologic) for petitions and /or plans for selected development orders, ' , . . 4 tises, subdivision mastef plans, end planned unit develepment amefidments that are directed to the EAC by County staff, the BCC, or the provisions of the 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 revising, 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 Collier County GMP; G. Implement the water policy pursuant to the LDC; H. Provide an opportunity for public comment on environmental issues, ordinances, and programs; I. Implement the provisions of the Conservation and Coastal Management Element of the Collier County GMP during the review process for development petitions and /or plans; JIB. 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; KL. 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; I0ef the Tana LN. All preliminary subdivision plat and /or site development plan submissions for development or site alteration on undeveloped coastal barriers or in the Area of Critical State Concern /Special Treatment (ACSC /ST) zoning overlay 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. M9. Scope of land development project reviews. The EAC shall review the following all land seetion 10.02.02 of the LDC; all developments Of Fegional impaet (DR!); lands with speeial I . Any PUD that requests a deviation from environmental standards of the LDC or any development order that requests a deviation from the provisions identified in GMP CCME Policy 6.1.1 (13). 2. 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. 3. Any petition which requires a hearing by Collier County Planning Commission (CCPC) or the Board of County Commissioners (BCC) and by vote of CCPC or BCC requires the petition to be reviewed by the EAC. 4. Conditional Use (CU) petitions for commercial excavations which are not part of an approved subdivision. 5. Any CU or rezone for the following: a. Undeveloped Coastal Barriers; b. Area of Critical State Concern /Special Treatment (ACSC /ST) zoning overlay, unless an exception or exemption pursuant to section 4.02.14 LDC is granted; C. RFMU District Sending Lands; d. Coastal High Hazard Area where shoreline alteration or direct impacts to mangroves (excluding mangrove trimming) is proposed; e. Development with impacts to 500 or more acres of native vegetation (excluding impacts for environmental restoration). 6. Any CU or rezone where the following listed or protected species have been identified on site within the last 5 ears: a. Active bald eagle nests or their nest protection zones, b. Scrub iay; C. Nesting crested caracara; d. Red - cockaded woodpecker (RCW) or active RCW cavity trees; e. Listed wading bird rookeries. i. Any petitioned request a waiver- to the —EAG hear-in— t, • hen the . - --nental beafd, aiid that EIS is less than 5 years old (or- if eldef than 5 year-s, has been updated within 6 menths of submiRal) and the master- plan faF the site N. Any petitioner may request a waiver of the EAC hearing requirement for amendments to CU or rezones, where no further impacts or changes in location to previously 4pproved preserves or areas of retained native vegetation are proposed and no additional species in accordance with M.6 (above) are identified on site. 02. The surface water management aspects of any petition, that is or will be reviewed and permitted by South Florida Water Management District (SFWMD), are exempt from review by the EAC exeept to evaluate the er-iter-ia for allowing treated stefmwatef to be disehar-ged iH Pr- esefye� allowed t 3 nc n7 of the r DC- Jva YvJ HJ NflV Y1 VY 1lI (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. Terms shall be staggered so that no more than a minority of such members' appointments will expire in any one 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 alternate members. Technical members shall demonstrate evidence of expertise in 1 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 BCC. D. Removal. Any member of the EAC may be removed from office by a majority vote of the BCC. E. Officers. The officers of the EAC shall be a chairman and a vice - chairman. Officers' terms shall be for 1 year, with eligibility for reelection. The chairman and vice - chairman shall be elected by a majority vote at the organizational meeting and thereafter at the first regular meeting of the EAC in October of each year. The chairman shall 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 imposed 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 members 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, by majority vote of the entire membership, 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: 1. Growth management. The EAC may establish other subcommittees comprised solely of its membership to facilitate its functions. Meetings of the subcommittees shall conform to the same public notice requirements as that of the EAC. (7) Compensation Members of the EAC shall serve without compensation, but shall be entitled to receive reimbursement for expenses reasonably incurred in the performance of their duties upon prior approval of the BCC. (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 Manager 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 and 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.