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EAC Backup 11/03/2010ENVIRONMENTAL ADVISORY COUNCIL BACKUP DOCUMENTS NOVEMBER 3, 2010 COLLIER COUNTY ENVIRONMENTAL ADVISORY COUNCIL AGENDA November 3, 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 October 6, 2010 meeting minutes V. Upcoming Environmental Advisory Council Absences VI. Land Use Petitions - none Vll. New Business VIII. Old Business A. Evaluation and Appraisal Report (EAR) Adoption B. Watershed Management Plan update C. Update members on projects IX Subcommittee Reports X. Council Member Comments XI. Staff Comments A. December 1, 2010 meeting at Growth Management Division XII. Public Comments XIII. Adjournment Council Members: Please notify Summer Araque. Se 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. Staff Report Presentation to the Collier County Environmental Action Council (EAC) for recommendation to the BCC on the seven year Evaluation and Appraisal Report (EAR) of the Collier County Growth Management Plan for transmittal to the Department of Community Affairs (DCA) for sufficiency review according to the procedures and criteria outlined in Section 163.3191, Florida Statutes, Evaluation and Appraisal of Comprehensive Plan. OBJECTIVE: Florida Statutes require all local governments within the State of Florida to maintain comprehensive planning programs based upon an adopted local government comprehensive plan. As part of this planning requirement, the local government must monitor changing conditions and must use this information to guide periodic amendments to the local comprehensive plan. Within Collier County the local comprehensive plan is the Growth Management Plan (GMP), originally adopted by Ordinance NO. 89 -05. The periodic amendment process, which occurs once every seven years, as described in Chapter 163.3191, F.S., is a two -phase process referred to as the Evaluation & Appraisal Report (EAR). The EAR evaluates the performance of the various Elements of the local government comprehensive plan since the previous EAR -based amendments. It assesses the successes and shortcomings of the various Goals, Objectives, and Policies included within the GMP and designates Objectives and Policies which need revisions, modifications or deletions. Additionally, the EAR is the primary means by which the local plan can respond to changes in federal, state or regional planning requirements. Ultimately, the Objectives and Policies designated for adjustment in the EAR become the basis of proposed amendments to the local government comprehensive plan, the second phase of the process. These EAR -based amendments, as reviewed by the Environmental Action Council (EAC) and Planning Commission (PC), and subsequently adopted by the BCC, after found in compliance with the Chapter 163, Part II, F.S., then become part of the Goals, Objectives and Policies of the GMP until the next EAR is prepared in seven years. BACKGROUND: On August 11, 2010 the EAC conducted its EAR workshop in which the policies and objectives of the elements applicable to the EAC purview was conducted. The issued raised during that workshop have been summarized within the attached memo (attachment "A "). The EAR adoption review should serve as an opportunity for the EAC to confirm the Policies and Objectives designated for modification and the issues raised will be those recommended to the BCC within the EAR for adoption. As noted during the August workshop, the adoption of the EAR is the first part of a two prong process, during which areas of the GMP are evaluated for their effectiveness and if appropriate designated for adjustment or change. The exact specificity of that change is not determined during this first prong of the process, only that a change is needed within the various Elements, Goals, Objectives, or Policies of the GMP. Post adoption of the EAR by the BCC in January of 2011 is when the specifics of the changes called out for in the EAR are composed and refined through the GMP EAR amendment adoption process. The County will have eighteen months from the date or the EAR adoption by the BCC to adopt the changes designated by the EAR. Understanding this bifurcated process provides a clear direction for what is being asked of the EAC during the EAR workshop. ORGANIZATION OF THE EAC -EAR ADOPTION BOOK: The presented 2011 EAC -EAR book is organized into a single -bound report containing an introduction and three (3) major chapters. These chapters are: Chapter One — Public Participation & Issues Identified Chapter Two — Countywide Assessment Chapter Three — Evaluation of Major Issues Chapter One details the issues that were brought to the process from the public during the "Public Participation" portion of the EAR process. Chapter Two addresses required areas of analysis as required by Florida Statutes 163.3191., as well as the individual Elements of the GMP and the policies and objectives designated for change related to Environmental issues. Chapter Three evaluates four (4) major issues. It should be noted that unlike the EAR workshop edition, the EAR -EAC Adoption book only contains policies and objectives in which modifications or changes are being suggested. Those policies which are to remain as written are not included within the EAR Adoption book. As described above the structure of the EAR inter - relates all of the chapters contained in the report. Based upon the scope of review for the EAC, all GMP Elements and Sub - Elements were not provided within the EAC -EAR books. To correspond with the area of concentration of the EAC, the Elements provided for within Chapter Two are the Conservation and Coastal Management Element (CCME), the Natural Groundwater Aquifer Recharge Sub - Element (NGWAR), the Drainage Sub - Element and the Future Land Use Element (FLUE). Within each of these elements, the pertinent comments from the August workshops with the EAC and the CCPC have been applied to the related objective or policy, to provide identification of both bodies' perspective, as well as comments offered by the general public. Under this same premise, four of the major issues are provided in Chapter Three; Climate Change, the Rural Fringe Mixed Use District, the Rural Lands Stewardship Area and Water Resource Protection. FISCAL IMPACT: County staff undertook the preparation of the EAR in- house. The Comprehensive Planning Department prepared the EAR with input and contributions from numerous county divisions and departments. Direct and indirect costs have not been calculated for the preparation of the EAR. GROWTH MANAGEMENT IMPACT: Pursuant to section 163.3187(6)(a), Florida Statutes, "No local government may amend its comprehensive plan after the date established by the state land planning agency for adoption of its evaluation and appraisal report unless it has submitted its report or addendum to the land planning agency as prescribed by section 163.3191 ..." Therefore, timely action by the EAC, CCPC and BCC adopting the EAR is necessary in order for the consideration of future comprehensive amendments. Otherwise, Collier County will be imposed with the statutory sanction that would prohibit amending its comprehensive plan. REQUESTED ACTION: Staff request that the EAC reviews the proposed policies and objectives designated for change within the individual Elements, as directed during the EAC and CCPC EAR workshops held in August 2010, and provide a recommendation to adopt the 2011 Collier County Evaluation and Appraisal Report to the Board of County Commissioners. Prepared By: Date: � 0- (' - zJ Michael Bosi, AICP, Planning Manager Comprehensive Planning Section Reviewed By: Date: Wfflfam D. Lore , Jr., , Director Land Development Services Department Approved By: Date: ~ D Q 1 Nick Casalan eputy Administrator Growth Management Division TO: Michele Mosca, Collier County Planning Department FROM: Judith Hushon, EAC Chair SUBJECT: Comments on first EAR Review DATE: September 1, 2010 These comments come at an early stage in the EAR process and stem from an EAC workshop held in County Chambers on August 11, 2010. Countvwide Assessment CCME Objective 1.2 — The Environmental Planning Section should also maintain copies of and an index to analyses performed on these G1S -based data. Policy 2.2.5 — All data in the Environmental Planning Section System need to be tagged as to source. Objective 2.l .b Compensation for all wetlands impacts should be within the same drainage area. Policy 2.1.6 Use the Watershed Management Plan exercise to recommend ongoing data collection guidance. Objective 2.2 Need to examine use of filter ponds to improve water quality of canals. Policy 2.2.1 Treated wastewater reuse should be encouraged. Policy 2.2 Limit Nitrogen and Phosphorous use through a Fertilizer Ordinance so these nutrients become less likely to reach waterways (seasonal uses, granular forms, no application near storm drains or water retention/flow areas). Also, limit application of pesticides in a similar fashion. Policy 2.2.3 Need to develop ordinance or LDC guidelines for application of weed control. Policy 2.2.4 Use analysis of existing data to drive new data collection. Objective 2.3 (reword) Not all estuaries meet Federal or State water quality standards. Need to consider monitoring locations. Policy 2.3.4 Use Watershed Management Plan effort to evaluate sampling points. Again reference need for a fertilizer ordinance to reduce discharges of nutrients to waterways. Objective 3.1 Need to follow trends in salinity of various aquifers to determine trending over time. Objective 3.3 Concern about wellfield in Immokalee that has 10 yr cone of depression extending under the airport and adjoining industrial zone. Policy 3.4.1 Trending of salinity as in Objective 3.1 above. Policy 4.1.2 This needs a date when this will be accomplished. Policy 6.1.6 last sentence ...; exotic removal [and preserve management] will be... Objective 6.2 The concept that mitigation should occur within the same drainage area as the initial wetland impact should be included. Policy 6.2.3 (6) Watershed Management Plans should designate areas to be protected from development to preserve habitat, water flows, recharge areas and to prevent future flooding. Policy 6.2.7 Again, wetland mitigation within same watershed. Policy 6.3.3 Reword as follows: The protection of sea -grass beds [as manatee protection] shall... Also, it is not clear how this relates to future dredging to maintain dock utility. Policy 7.1.2 (2) (e) Should include retention of old growth Slash Pines as future nesting habitat for RCWs. Policy 7.1.3 ...listed species shall [be] protected... Objective 10.4 ...developed shorelines shall continue to be... Objective 10.4 Should also reference protection to coastal mangroves. Countvwide Assessment Draina-ee �4 Policy 2.1 Reference should be made to the increased use of dry detention and filter marshes. Policy 6.1 Should recommend undertaking measures to help waterways meet state standards. Countywide Assessment NGWAR Policy 1.2 Concern about Immokalee wellfield raised above. 2 Policy 3.3 Follow salinity trends as described ablve. Policy 3.5 Evaluate whether an effort should be made to provide water and or sewers to Golden Gate in a phased development process. Policy 2.03 Need to protect natural recharge areas to ensure that adequate ground water recharge occurs. Objective 5 — Where are "critical ground water recharge areas" defined? Memorandum To: Environmental Advisory Council From: Mac Hatcher, Senior Environmental Specialist Date: October 18, 2010 Subject: Staff Summary — November 3 Watershed Management Plan Workshop Objective: To provide additional opportunities for public discussion and input on the development of Watershed Management Plans. Considerations: At the October 7, 2010 Collier County Planning Commission (CCPC) workshop on the Watershed Management Plans (WMP), public speakers and Planning commissioners requested additional public meetings to ensure WMP issues are thoroughly vetted. The following schedule of meetings is proposed to provide the opportunity for public discussion and input. The public stakeholder meetings will be advertised and rotated through all of the watersheds affected by the plans. • November public stakeholder meetings (2) to discuss WMP existing conditions and alternatives; • December workshop updates to the Environmental Advisory Council (EAC) and CCPC; • December public stakeholder meetings (2) to discuss alternatives; • January workshop updates to the EAC and CCPC on WMP Alternative Analysis; • January public stakeholder Water Quality Workshop • January public stakeholder meetings (2) to discuss WMP Alternatives Analysis; • February public stakeholder meetings (2) to discuss WMP Ranking of Alternatives; • March EAC and CCPC presentations on WMP Ranking of Alternatives; • March / April Board of County Commissioners Presentation of Ranked Alternatives and Direction for Implementation of WMPs. The County Attorney's Office recommends that these meetings meet the requirements of Florida's Sunshine Law in Ch. 286, Florida Statutes. As such, the meetings should be (1) publically noticed, (2) open to the public, and (3) have summary minutes taken. FISCAL IMPACT: There are no fiscal impacts at this time. Additional public meetings will be presented primarily by staff; any further work by the consultants can be accommodated within the current project budget and contract. GROWTH MANAGEMENT IMPACT: Completion of the WMPs will support objective 2.1 of the Conservation and Coastal Management Element of the County Growth Management Plan. PREPARED BY: Mac Hatcher, Senior Environmental Specialist, Growth management Division / Planning and Regulation Office of the County Administrator Growth Management Division Office of Land Development - Stormwater and Environmental Planning Section (PLEASE PRINT CLEARLY) MEETING DATE AGENDA ITEM TITLE Agenda Item # (Circle Meeting Type) Regular Special Workshop Budget NAME /Q r _ � &'t/'`�/� ADDRESS Representing/ Petitioner: Other: COLLIER COUNTY ORDINANCE NO. 2003 -53, AS AMENDED BY ORDINANCE 2004 -05 AND 2007 -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. YOU ARE LIMITED TO THREE (3) MINUTES FOR YOU COMMENTS AND ARE TO ADDRESS ONLY THE CHAIR (PLEASE PRINT CLEARLY) MEETING DATE I I to AGENDA -ITEM TITLE �.k /eP VLc- ,,IA V NAME Agenda Item # (Circle Meeti ADDRESS }Type) Regu VIQQ Special Workshop Budget 0�'I t Representing/ Petitioner: !� Other: COLLIER COUNTY ORDINANCE NO. 2003 -53, AS AMENDED BY ORDINANCE 2004 -05 AND 2007 -24, REQUIRES THAT AL 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. YOU ARE LIMITED TO THREE (3) MINUTES FOR YOU COMMENTS AND ARE TO ADDRESS ONLY THE CHAIR PLACE COMPLETED FORM ON THE TABLE LEFT OF THE DIAS IN THE BOARD ROOM PRIOR TO THE SUBJECT BEING HEARD