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BCC Minutes 05/20/1992 S Naples, Florida, May 20, 1992 LIT IT Bg REMKMBKRED, that the Board of County Commissioners in :~ ..&nd for the County of Collier, and also acting as the Board of Zoning Appeals and as the governing board(s) of such special districts as have been created according to law and having conducted business .herein, ,,,et on this date at §:0§ P.M. tn SPKCli~r, SRSSIOI~ tn BulldSn~ following nenbers present: CHAI~N: VICE-CHAIRMAN: Michael J. Volpe (Absent' Richard S. Shanahan Patricia A. Goodnight Max A. Hesse, Jr. Burr L. Saunders ALSO PRESENT: MarJorte Student, Assistant County Attorney; Bill Lorenz, Environmental Services Administrator; Nell Dorrtll, County Manager; Jennifer Edwards, Assistant to the County Manager; Axlnette Guevin and Kathy Meyers, Deputy Clerks; and Deputy Byron Tomltneon, Sheriff's Office. May 20, 1992 Item FIP.~T P~BLIC HEARING TO CONSIDER ADOPTION OF A RESOLUTION TO ACCEPT THE C~LLIER COO]~r~ COASTAL ZON~ MANAaEMENT PLAN - SECOND PUBLIC H~%RING $CHEDUL~.~) FOR JUNE 3, 1992 AT 5:05 P.M. Legal notice having been published in the Naples Dally News on May 12, 1992, as evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened. Bill Lorenz, Environmental Services Administrator, noted that this is the first of two public hearings concerning the adoption of the Coastal Zone Management Plan. He read portions of the Executive Summary. Mr. Lorenz proposed that the context of the Plan focuses on the Coastal Zone, and is basically the road map or blueprint that details policies and recommendations within the Coastal Zone that goes beyond what is currently in the Growth Management Plan. He considered that once the Board approves the Plan, staff will begin implementation of the development of amendments to the Unified Land Development Code. Mr. Lorenz noted that the Plan has four basic groups: Federal, State, Regional or Local Requirements that have to be adhered to as a result of mandates - some of these include water quality, coastal construction, dredge and fill activi- ties and gpecies protection; 2. General guidance for the development of future activities - species protection; Programs or projects whlch will require strategic planning or budgetary planning - some of these lnclude xertscape, wildlife protection, public information; Policies dealing with recommendations that guide development within the Coastal Zone - some of these include density restrictions, habitat protection, and dredging programs within County inlets. Mr. Lorenz noted that the Section within the Agenda Package was al?proved by EAC on Au~lst 21, '1991, and the strikeouts and underlines reflect modifications that were accepted by the Planning Commission on .April 16, 1992. He further added that two notes have been added, on pmge ~5 of the A~enda Package. Mr. Lorenz referred to a letter from Frank Blanchard0 and ~... responded that Staff is in agreement with DNR and tilling of the Page May 20~ 1992 beach, rather ~han beach nourishment which causes compaction. He noted that the County Attorney's office is currently reviewing Policy 4.13. The following people spoke to this issue: Nancy Anne Payton Gary Beardsley Robert Duane Holly Sherwin Frank Blanchard Chris Straton George McBath Bill Branan V-ileen Arsenault Scott Franks Michael Stephen Barbara Cawley Charlotte Westman Fern Altchison Co~mtssioner Shanahan expressed that he is in agreement with Mr Blanchard concerning the tilling of the beach and the difference o the east and west coast beaches. He added that the beach rakln~ plan is effective. De~ Clerk ~x,evln rep/aced Deputy Clerk Meyers at this time Tape ~2 The followlnl; people spoke regarding this item: Whit Ward Emily Maggie Susan Hebel S{atts Jon Statger Bill Lorenz, Environmental Services Administrator, reminded the Board that this plan is the focus of the coastal zone. He said with regard to comments concerning duplication of effort or ordinances, this document will be in place for all to realize that Collier County has these requir(~ments in the coastal zone. He said existing require- ments need to be adhered to, because they, in part, will protect the coastal zone to the degree being recommended in this plan. He asked the Board to also recognize that the Growth Management Plan envisioned the County developing a broader scaled document, which is why this document has been produced as a mandate and a requirement of the Growth Management Plan. He added this plan is the blueprint for Staff to develop enabling ordinances and re~ulations to bring back to the Board and at that point, Staff will evaluate Individual issues. Commissioner Shanahan indicated the use of the words "shall" "will" and "must" should be reviewed to address the concerns of the speakers. Pa~e 3 Nay 20, 1992 ~. Commissioner Ooodnlght emphasized that she does not want to see any overlapping or duplication of State and federal agencies. She also :.equested the costs involved tn Implementing this plan be iden- tified. She suggested the County Attorney review the document closely for legal sufficiency, to give assurance that nothing within the docu- ment will lead the County to any type of a taking. Commissioner Saunders communicated his concern with Imposing ~estrlctlons unless It ts known that the restriction will have some · bensflt to the community and to the environment. He pointed out as examples, Sections 4.56, 4.57 and 4.58 dealing with the percentage of existing dune habitat, coastal hammock habitats and xeric scrub habl- tats that must be protected. He said there must be documentary evi- dence that the percentages Indicated will result In an environmental benefit, and that this Is not simply a regulation for the sake of regulating. He also pointed out concerns with Sections 4.11, 4.38 and 4.92. He concluded by asking that Staff meet with those people in the community who have expressed Interest In this plan, and make sure the restrictions are ones with a benefit, because of the costs Involved. Mr. Lorenz communicated these policies are founded on a technical document. He said as this plan ts implemented, the next step tn terms of developing ordinances is where fiscal impacts will be addressed. Co~isstonex' Hawse ~oved, seconded by Commtsmtonar Goodalttlht and iff.; cmrr/~ 4/0, to close the public hearing. Mr. Lorenz noted the second and final public hearing to consider adoption of the (:oasta] Zone Management Plan Is scheduled on Jur,~ 3, 1992, at 5:05 P.fl. Page 4 ~ay 20~ ~992 There being no further business for the Good of the County, the meeting was adjourned by Order of the Chair - Time: 7:05 P.M.  e~ by the Board on as--presented',-'~or as corrected BOARD OF COUNTY COMMISSIONERS BOARD OF ZONING APPEALS/EX OFFICIO GOVERNING BOARD(S) OF SPECIAL DISTRICTS UNDER ITS CONTROL /'RICHARD S..~HA~AHAN, VICE-CHAIRMAK Page 5