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Agenda 09/10/2013 Item #16A41 9/10/2013 16.A.41 . EXECUTIVE SUMMARY Recommendation to authorize identified Growth Management Plan (GMP) amendments and provide concurrence with an individual planning initiative. OBJECTIVE: To seek authorization from the Board of County Commissioners (Board) regarding staff identified GMP-amendments and Board majority support for a planning initiative related to the local regulations for oil wells CONSIDERATIONS: In 2013, the Board approved the final set of EAR-based amendments related to the 2011 EAR. During the preparation of those amendments, additional necessary GMP amendments were identified by staff as needed to: achieve compliance with State regulations, correct grammatical mistakes, incorrect references or implement newly required regulations throughout the various elements of the GMP. Attached to this executive summary (Exhibit "A") is a list of staff identified GMP amendments. Within the list, the identified amendments are prioritized; classified as either corrective (addressing incorrect references, grammatical errors or omissions, ect) or regulatory (providing updated or new regulatory policies, objectives, or initiatives); as well as providing for the Element in which the amendments would apply. This executive summary is seeking authorization from the BCC for staff to initiate these amendments as prioritized. The amendments will be staggered and associated with future GMP amendment cycles, yet to be determined. Additionally, staff is seeking agreement from the majority of the Board regarding a planning initiative regarding new oil wells in the County. Currently, the LDC requires a single exploration or production well to comply with the site development plan process (an administrative process) and for multiple wells at a site to comply with the conditional use process (a public hearing process). The planning initiative would be to analyze State Statutes to determine how best the County process could complement the State process. It should be noted that the GMP currently restricts the County from performing environmental review of any proposed oil well site. FISCAL IMPACT: The fiscal impact associated with item is staff time expended on the preparation of the identified amendments and planning initiative. LEGAL CONSIDERATIONS: This item is approved as to form and legality, and requires a majority vote for approval. —HFAC GROWTH MANAGEMENT PLAN IMPACT: The direction provided by Board will have impact upon numerous Elements of the Growth Management Plar:. RECOMMENDATION: That the Board provides direction to staff to process the identified Growth Management Plan Amendments as prioritized and provide concurrence with the planning initiative identified regarding the regulation of oil wells. Prepared by: Mike Bosi, AICP, Planning &Zoning Director, Growth Management Division Packet Page -706- 9/10/2013 16.A.41 . COLLIER COUNTY Board of County Commissioners Item Number: 16.16.A.16.A.41. Item Summary: Recommendation to authorize identified Growth Management Plan (GMP) amendments and provide concurrence with an individual planning initiative. Meeting Date: 9/10/2013 Prepared By Name: BosiMichael Title: Manager-Planning,Comprehensive Planning 8/13/2013 9:45:48 AM Approved By Name: PuigJudy Title: Operations Analyst, GMD P&R Date: 8/13/2013 1:14:12 PM Name: MarcellaJeanne Title: Executive Secretary,Transportation Planning Date: 8/19/2013 7:40:17 AM Name: AshtonHeidi Title: Section Chief/Land Use-Transportation,County Attor Date: 8/20/2013 4:50:30 PM Name: FinnEd Title: Senior Budget Analyst, OMB Date: 8/21/2013 3:12:49 PM Name: KlatzkowJeff Title: County Attorney Date: 8/27/2013 11:43:17 AM Name: OchsLeo Title: County Manager Date: 8/31/2013 10:27:25 AM Packet Page -707- 9/10/2013 16.A.41 . A Ranking of GMP Amendments to be Staff-Initiated & Potential Planning initiative Key to Individual Listings: Description of activity necessary to amend GMP provisions. (Specific Element, Policy, District or other text or map provision, if known) Classification — Corrective (amendments that are needed to update an inaccuracy in the existing GMP) or Regulatory (amendments that are needed to establish a new planning initiative or regulatory approach. Note: Some GMP amendments will necessitate subsequent LDC amendments for implementation and authorization to initiate the GMP amendment constitutes a direction to coordinate all required LDC amendments subsequent to a GMP amendments. GROUP 1 — Highest Priority: Entries of highest priority must be before the CCPC and BCC on a schedule allowing Transmittal to the DEO prior to the end of calendar year 2013. • Modifying language re: proportionate fair-share mitigation options for concurrency management, required to be Transmitted before December 31, 2013 per standing DEO 2011 EAR-based direction (Transportation Element Policy 5.8; CIE Objective 5 & Policy 5.3) Regulatory per State requirement • Modifying Element/Sub-Element language as applicable related to recent updates to the 10 Year Water Supply Plan. (Potable Water Sub-Element, possibly other Elements/Sub- Elements) Origins: Non-Cycle related GMP-amendment based upon directive from [State Agency] Amok to adopt updates within 18 months of[date]notification. Regulatory per State requirement • Amending RSLA provisions regarding status and use of Fiscal Impact Analysis Model (FIAM) in periodic reviews, prioritized in consideration of approaching milepost deadlines toward meeting the Ave Maria SRA 5-Year Review due date of June, 2015 ❑ 5/17. (FLUE, RLSA Objective 4 & Policy 4.18) Origins: The most recent directive from Board is to find an acceptable alternative to application of the FIAM. Regulatory per Board Directive GROUP 2 — High Priority: These entries rank high among staff priorities and will be prepared for a near-future Growth Management Plan Amendment filing date. • Amending FLUM series to add new Gordon River Greenway Conservation designation map and amending FLUE to list that map. (FLUE, FLUM series) Corrective • Addressing document-wide "housecleaning" amendments (as applicable to correct minor errors grammatical, missing or repeated text, etc.) residual from EAR-based GMP amendments. Corrective • Revising Subsection 4, Semi-annual Report, and subsection 7, Third Evaluation and Appraisal Reviews, provisions for subsequent reporting to the DCA and preparing EARs; to correct overlooked provisions affected by adoption of HB 7207. (CIE, Programs to Ensure Implementation Section) Corrective COLLIER COUNTY: GMP Amendments to " 1----'"—^1 f-c+aff Proposals 1 Packet Page -708- 9/10/2013 16.A.41 . • Addressing document-wide "glitch" amendments (as extensions of EAR-based amendments to maintain internal consistency) residual from EAR-based GMP amendments. Corrective • Amending FLUE's RLSA Stewardship Overlay Map to remove Conservation designated areas — so as to be consistent with Countywide FLUM; revising RLSAO applicable Policies to change acreage figures and/or text explanation regarding amount of open space/preserve lands/state owned lands. (FLUE— RLSAO Stewardship Overlay Map and text) Origins: Staff discovered this issue with RLSA provisions, with respect to internal map4-->text consistency among Elements, during our last EAR process. Corrective • Revising RLSAO Policies 1.6 and 4.4 regarding reference to EAR-based GMP amendments; amending FLUE's RLSA Stewardship Overlay Map to add SSA#16, remove SSA#8. (FLUE — RLSAO Stewardship Overlay Map and text) Origins: Such action requires a GMPA. Corrective • Updating "Basis of Review" document name following expected adoption and effective date in March or April, 2013 (Stormwater Management Sub-Element Policy 6.2 & CCME Objective 2.1.a) Corrective • Amending FLUE provisions to incorporate site-specific [Hussey] settlement provisions in proper Subdistrict, District or Designation language. (FLUE) Corrective • Amending lmmokalee Area future land use provisions to incorporate site-specific [Blocker] settlement provisions in proper Subdistrict, District or Designation language. (TAMP) Origins: Master Plan provisions, with respect to this specific site, need to reflect certain aspects of a settlement agreement. Corrective • Revising main NBM Overlay, Receiving Areas' provisions to modify language specific to certain mining operations, including date adjustments. (FLUE) Corrective • Revising main NBM Overlay, Receiving Areas' provisions to modify language specific to certain mining operations, including date adjustments. (Transportation Element Objective 3 & Policies 3.3, 3.5) Corrective • Updating the functional road classifications of the Collier County Roadway Network to coincide with State changes. (Transportation Element— Map Series, text references & map list) Origins: A recent decennial FDOT re-classification effort created inconsistencies with County roadway classifications. Corrective • Amending the Overlays and Special Features Section, specifically the Area of Critical State Concern Overlay (ACSC) to mirror State law, including allowance for variance. (FLUE. Section V) De-Regulatory align county regulations with StatE GROUP 3 — Moderate Priority: These entries rank moderately among staff priorities and will be prepared for an upcoming Growth Management Plan Amendment filing date. • Revising Element/Sub-Element language as applicable related to recent updates to the Watershed Management Plan. (CCME, possibly other Elements/Sub-Elements) • Adding basins to complete listing of off-site discharge rate Level of Service Standard (LOSS) (Stormwater Management Sub-Element Policy 6.3) Corrective COLLIER COUNTY: GMP Amendments to " c+aff Proposals 2 Packet Page -709- 9/10/2013 16.A.41 . • Updating basin Level of Service Standard (LOSS) list following expected adoption of new Level of Service definition based on 2011 Watershed Management Plan (CIE Policy 1.5 ) Corrective • explore further updating CCME Policy refreshed in 2011 EAR-based GMP amendments stating, "The County will seek technical assistance from the South Florida Water Management District, and coordinate with the Florida Department of Environmental Protection to develop and implement a plan to encourage stormwater management systems be periodically inspected, if feasible, by an appropriate professional for compliance with their approved design, and any deficiencies be corrected." CCPC considered this language to lack strength and read overly vague; their direction being to strengthen and provide specificity. (CCME Policy 2.2.5) Regulatory per 2011 EAR • Amending Rural Fringe Mixed Use provisions to modify language regarding Emergency Preparedness Planning and Wildfire Prevention and Mitigation Planning in proper RFMU Subdistrict or District language. (FLUE) Origins: Staff discovered this issue with RFMUD provisions during a recent PUD review Corrective • Revising FLUE provisions addressing commercial development, needs analyses and market demand studies, to reflect such provisions specified for Mixed Use Activity Centers, within context of changes to Chapter 163, F.S. and Rule 9J-5, F.A.C. (FLUE) Corrective GROUP 4 — Low Priority: These entries rank low among staff priorities and are intended to be prepared for a future Growth Management Plan Amendment filing date. • Addressing Section 25 question (just East of Golden Gate City) in Potable Water & Wastewater Treatment Sub-Elements; sections 1 and 36 N & S of 1-75 boundary discrepancies; may result with adding a specific map category specifically referencing RFMUD / Sub-Element policies; (FLUE, Wastewater Treatment Sub-Element, Potable Water Sub-Element) Origins: Staff discovered this issue, with respect to internal map<-->text consistency among Elements, during our last EAR process. Corrective GROUP 5 — Deffered Issues: These entries are to be prepared for a future GMP amendment filing date as directed and determined by the Board. • Pending Board Direction Restudying & comprehensively revising the GGAMP, including: extent to which Community Character Plan used; lighting provisions [excessive specificity]; buffering requirements [now codified elsewhere in GMP and/or LDC]; road designs dictating additional width/frontage at commercial Neighborhood Centers, as inadequate width of 5-acre parcels restricts access & commercial viability; density; State direction or 'antiquatea subdivisions': analysis o essential services permitted; divergent ideas held by competing associations/groups/activists; giving meaning to "rural character", then using as starting point for new development ideas; use of/allowing for conceptual master/site plans [excessive specificity]; updating LDC references. . It is anticipated that a full public planning process is needed to complete the initiative. COLLIER COUNTY: GMP Amendments to "^ 4aff Proposals 3 Packet Page -710- • 9/10/2013 16.A.41 . (GGAMP) Origins: The last Re-Study of Master Plan provisions occurred circa 2000 ❑ 2002, with subsequent GMPAs in 2003 and 2004. Regulatory pending Board direction and funding to initiate • Pending Board Direction Structural review of the Rural Fringe Mixed Use District (RFMUD). The RFMUD was adopted in 2003 in response to the 1999 final order. The regulatory is based upon the transfer of development rights from environmentally sensitive properties to non- environmentally sensitive properties. The program was reviewed as part of the 2011 EAR report and is entering its tenth year of existence and a structural review of its effectiveness and identifications of improvements is warranted. . It is anticipated that a full public planning process is needed to complete the initiative. (FLUE, 2003 adoption) Regulatory pending Board direction and funding to initiate • Pending Board Direction Re-Review of the Rural Lands Stewardship Area (RLSA). From 2007 to 2009 the County conducted an extensive review of RLSA regulations. Per a provision in the regulations, the five-year review was mandated to determine the program's effectiveness. The review leads to a number of potential amendments being arrived upon, but those amendments were never brought through the GMP amendment process. As such, the proposed amendments and the program need to be reviewed in light of the changes that have transpired since 2009. It is anticipated that a full public planning process is needed to complete the initiative. (FLUE, 2002 adoption) Regulatory pending Board direction and funding to initiate GROUP 6 —Planning Initiatives: This entry is a request by a Commissioner to direct staff to review the procedures and regulation that are in place at the local level related to the development of Oil Wells in the County and may lead to an amendment/s to the GMP. • Pending Board Direction Reviewing GMP provisions for the latest criteria allowed by Statute in regards to wells for oil and gas processes and the abilities provided to local municipalities for regulation. (FLUE, CCME) Origins: Individual Commissioner request that consideration be given to statutory changes or modifications that may benefit and protect the County. Regulatory pending full Board agreement and direction and funding to initiate COLLIER COUNTY: GMP Amendments to " gaff Proposals 4 Packet Page -711-