Agenda 07/27/2010 Item #16A11Agenda Item No. 16A11
July 27, 2010
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EXECUTIVE SUMMARY
Recommendation for the County Manager or his designee to draft amendments to
Ordinance No. 2009 -32, as amended (Environmental Advisory Council Ordinance), for
future consideration by the Board of County Commissioners to maintain consistency with
the Growth Management Plan and the Land Development Code
OBJECTIVE:
To request the Board of County Commissioners' (Board) approval for amendments to Ordinance
No. 2009 -32, as amended, the Environmental Advisory Council (EAC) Ordinance, to maintain
consistency with Board adopted changes to Growth Management Plan (GMP) Conservation and
Coastal Management Element (CCME) Policies 6.1.1 (13) and 6.1.8, and Land Development
Code (LDC) amendment to subsection 10.02.02.A.
CONSIDERATIONS:
During the recent 2009 LDC amendment cycle, the Board approved amendments to LDC Section
10.02.02.A. The amendment to the LDC was required to maintain consistency with the 2004
EAR -based amendments to CCME Policies 6.1.1 (13) and 6.1.8. Changes proposed include
creation of a deviation process pursuant to CCME Policy 6.1.1 (13) and amending the Powers
and Duties of the EAC to comply with CCME Policy 6.1.8 and LDC amendment to subsection
10.02.02.A. A major change was to replace the requirement of an Environmental Impact
Statement (EIS) with Environmental Data Submittal Requirements. The EAC's current
Ordinance needs to be amended to contbnn to these changes since the EAC is currently required
by Ordinance No. 2009 -32 to function as an EIS review board. Staff has drafted the proposed
amendments and will properly advertise the amended Ordinance and return to the Board for its
consideration.
FISCAL IMPACT:
The proposed Ordinance will need to be legally advertised at an estimated cost of $500.
GROWTH MANAGEMENT PLAN (GMP) IMPACT:
This amendment is required to maintain consistency with GMP CCME Policies 6.1.1 (13) and
6.1.8.
LEGAL CONSIDERATIONS:
This Executive Summary has been reviewed for legal sufficiency and is legally sufficient for
Board action. (STW)
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Petition Number
Last Revised 4 -29 -2010
Agenda Item No. 16A11
July 27, 2010
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RECOMMENDATION:
That the Board approve staffs request to bring back to the Board an amendment to Ordinance
No. 2009 -32, as amended, the Environmental Advisory Council Ordinance, to maintain
consistency with Growth Management Plan (GMP) Conservation and Coastal Management
Element (COME) Policies 6.1.1 (13) and 6.1.8, and recently adopted amendment to LDC
subsection 10.02.02.A.
PREPARED BY: Stephen Lenberger, Senior Environmental Specialist, Growth Management
Division — Planning and Regulation
Attachments: 1) Ordinance
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Petition Number
Law Revised 4 -29- 2010
Agenda Item No. 16A11
July 27, 2010
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COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number: 16A11
Item Summary: Recommendation for the County Manager or his designee to draft amendments to Ordinance
No. 2009 -32, as amended (Environmental Advisory Council Ordinance), for future
consideration by the Board of County Commissioners to maintain consistency with the
Growth Management Plan and the Land Development Code.
Meeting Date: 712712010 9:00:00 AM
Prepared By
Stephen Lenberger
Environmental Specialist, Senior
Date
Community Development &
Engineering &Environmental Services
71912010 9:28:29 AM
Environmental Services
Approved By
William D. Lorenz, Jr., P.E.
Director - CDES Engineering Services
Date
Community Development &
Engineering &Environmental Services
719!2010 9:51 AM
Environmental Services
Approved By
Judy Puig
Operations Analyst
Date
Community Development &
Community Development &
7/912010 9:52 AM
Environmental Services
Environmental Services
Approved By
Steven Williams
Assistant County Attorney
Date
County Attorney
County Attorney
7/912010 2:58 PM
Approved By
Jeff Klatzkow
County Attorney
Date
7112,'2010 9:50 AM
Approved By
Nick Casalanguida
Director - Transportation Planning
Date
Transportation Division
Transportation Planning
7/1312010 8:06 AM
Approved By
Gerald Kurtz
Project Manager, Principal
Date
Transportation Division
Transportation Road Maintenance
713/2010 8:58 AM
Approved By
Norm E. Feder, AICP
Administrator - Transportation
Date
Transportation Division
Transportation Administration
7113;20101:40 PM
Approved By
OMB Coordinator
Date
County Manager's Office Office of Manaaement & Budget
Approved By
Lea E. Ochs. Jr
County Manager
Agenda Item No. 16A11
July 27, 2010
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711W2010 2:06 PM
Date
County Managers Office County Managers Office 71/412010 5:34 PM
Agenda Item No. 16A11
July 27, 2010
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ORDINANCE NO. 10-
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NO. 2009 -32,
AS AMENDED, THE ENVIRONMENTAL ADVISORY COUNCIL
ORDINANCE, BY CREATING A DEVIATION PROCESS PURSUANT TO
CCME POLICY 6.1.1 (13), AND BY REPLACING THE REQUIREMENT
OF AN ENVIRONMENTAL IMPACT STATEMENT (EIS) WITH
ENVIRONMENTAL DATA SUBMITTAL REQUIREMENTS PURSUANT
TO CCME POLICY 6.1.8; PROVIDING FOR CONFLICT AND
SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF
LAWS AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, Collier County Ordinance No. 2009 -32, as amended, sets forth the
establishment, powers and duties of the Environmental Advisory Council; and
WHEREAS, the Board finds that it is now necessary to amend Ordinance No. 2009 -32,
as amended, to maintain consistency with the Growth Management Plan Conservation and
Coastal Management Element (CCME) Policies 6.1.1 (13) and 6.1.8.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
SECTION ONE: AMENDMENT TO SECTION ONE, SUBSECTION (2) OF
ORDINANCE NO. 2009 -32, AS AMENDED.
Section One, subsection (2) Purpose, as codified in §2 -1192 of the Code of Laws and
Ordinances, is hereby amended to read as follows:
(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;
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k.genda liem No. iBA11
July 27, 20'10
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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 Countv's physical and biological natural
resources (atmospheric, terrestrial, aquatic, and hydrologic) for petitions and/or plans for selected
development orders,
Y' plans, . bdi planned nd unit development a that are master directed to the EAC by County staff, the BCC, or the provisions of the LDC.
SECTION TWO: AMENDMENT TO SECTION ONE, SUBSECTION (3) OF
ORDINANCE NO. 2009 -32, AS AMENDED.
Section One, subsection (3) Powers and Duties, as codified in §2 -1193 of the Code of Laws and
Ordinances, is hereby amended to read as follows:
(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;
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Agenda Item No. 16A11
July 27, 2010
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G. Implement the water policy pursuant to the LDC;
H. Provide an opportunity for public comment ou 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;
j. Partieipa4e in the review mid feeewAnendmian preeess for exew,afieas ever 500,000 ei
J K. Assist in the implementation of any new programs, ordinances, and/or policies adopted
by the BCC which deal with the conservation, management, and protection of air, land, water,
and natural resources and environmental quality in the County;
K L. Provide an appellate forum and process to hear disputes between County staff and
applicants concerning land development projects and recommend proposed stipulations for
project approval or grounds for project denial for BCC consideration;
N4. Funetion as an eavirefffnental impaet statement (Big) review beard pursuaI14 to chartff
10 a f the LPG; and
L N. 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 Concem/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.
M 9. Scope of land development project reviews. The EAC shall review the following: ell
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Agenda Item No, 16A11
July 27, 2010
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Anv PUD that reouests 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 partv to be heard by the
EAC.
3. Any petition which requires a hearing by the 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 years:
a. Active bald eagle nests or their nest protection zones;
b. Scrub iav;
C. Nesting crested caracara;
d. Red- cockaded woodpecker (RCW) or active RCW cavity trees•
e. Listed wading bird rookeries.
f. Burrowing owls
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Agenda Item No. 16A11
July 27, 2010
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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 approved 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
SECTION THREE: CONFLICT AND SEVERABILITY.
In the event this Ordinance conflicts with any other ordinance of Collier County or other
applicable law, the more restrictive shall apply. If any phrase or portion of the Ordinance is held
invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a
separate, distinct and independent provision and such holding shall not affect the validity of the
remaining portion.
SECTION FOUR: INCLUSION IN THE CODE OF LAWS AND ORDINANCES.
The provisions of this Ordinance shall become and be made a part of the Code of Laws and
Ordinances of Collier County, Florida. The sections of the Ordinances may be renumbered or
relettered to accomplish such, and the word 'ordinance" may be changed to "section," "article,"
or any other appropriate word.
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Agenda Item No. 16AII
July 27, 2010
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SECTION FIVE: EFFECTIVE DATE.
This Ordinance shall become effective upon filing with the Florida Department of State.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida, this _day of
ATTEST:
DWIGHT E. BROCK, CLERK
, Deputy Clerk
Approved as to form
and legal sufficiency:
2010.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
Steven T. Williams, Asst. County Attorney o
04.0213/6
61`
FRED W. COYLE, CHAIRMAN
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