Backup Documents 07/09/2013 Item #17E1 COLLIER COUNTY FLORIDA E �.' „,,�� e
REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS • : ”` •
To: Clerk to the Board: Please place the following as a: `ril Is' '‘
XXX Normal legal Advertisement ❑ Other:
(Display Adv., location, etc.)
Originating Dept/Div: County Attorney Person: Jeffrey A.Klatzkow,County Attorney Date: June 25,2013
Petition No. (If none,give brief description): Amendment to CCPC and EAC Ordinances
Petitioner: (Name&Address): N/A
Name &Address of any person(s)to be notified by Clerk's Office: (If more space is needed,attach separate sheet) See Above
Hearing before BCC BZA Other
Requested Hearing date: (Based on advertisement appearing 10+days before hearing.) July 9,2013(ad to run no later than
FRIDAY,June 28,2013)
Newspaper(s)to be used: (Complete only if important):
XXX Naples Daily News ❑ Other XXX Legally Required
Proposed Text: (Include legal description&common location& Size:
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING
ORDINANCE NO. 2009-29, AS AMENDED, THE COLLIER COUNTY PLANNING COMMISSION ORDINANCE, BY
AMENDING SECTION ONE (1) (POWERS AND DUTIES) TO HAVE THE PLANNING COMMISSION ACT AS THE
COUNTY'S ENVIRONMENTAL ADVISORY COUNCIL; BY AMENDING SECTION ONE (2) (MEMBERSHIP) BY
CHANGING THE MEMBERSHIP FROM NINE TO SEVEN, WITH FIVE PLANNING COMMISSIONERS SELECTED
BY COMMISSION DISTRICT AND TWO MEMBERS WITH ENVIRONMENTAL EXPERTISE; PROVIDING FOR
CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES;
AND PROVIDING FOR AN EFFECTIVE DATE.
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING
ORDINANCE NO. 2009-32, AS AMENDED, THE COLLIER COUNTY ENVIRONMENTAL ADVISORY COUNCIL
ORDINANCE, BY AMENDING SECTION ONE (MEMBERSHIP) TO DESIGNATE THE COLLIER COUNTY
PLANNING COMMISSION AS THE ENVIRONMENTAL ADVISORY COUNCIL; AND DELETING PROVISIONS
RELATING TO QUORUM AND VOTING, RULES OF PROCEDURE, COMPENSATION, MEETINGS, AND
EVALUATION OF THE EAC; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN
THE CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE.
Companion petition(s), if any&proposed hearing date: N/A
Does •title Fee include advertising cost? ❑ Yes XXX No If Yes,what account should be charged for advertising costs:
P.O.4500139337
Rev 441,kil
111 118113___
Divisio, I kistrator or Designee Date
List Att, h, ents: Proposed Ordinance
DISTRIBUTION INSTRUCTIONS,
A. For hearings before BCC or BZA: Initiating person to complete one copy and obtain Division Head approval before
submitting to County Manager. Note: If legal document is involved,be sure that any necessary legal review,or request
for same, is submitted to County Attorney before submitting to County Manager. The Manager's office will distribute
copies:
❑ County Manager agenda file: to [' Requesting Division ❑ Original
Clerk's Office
B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office,retaining a copy for file.
***********************************************************************************************************
FOR CLERK'S OFFICE USE O LY: �/ Q may,
Date Received: j 3 Date of Public hearing: 1 -6 ',/ Date Advertised:
17E •
ORDINANCE NO. 2013 -
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NO. 2009-29,
AS AMENDED, THE COLLIER COUNTY PLANNING COMMISSION
ORDINANCE, BY AMENDING SECTION ONE (1) (POWERS AND
DUTIES) TO HAVE THE PLANNING COMMISSION ACT AS THE
COUNTY'S ENVIRONMENTAL ADVISORY COUNCIL; BY
AMENDING SECTION ONE (2) (MEMBERSHIP) BY CHANGING THE
MEMBERSHIP FROM NINE TO SEVEN, WITH FIVE PLANNING
COMMISSIONERS SELECTED BY COMMISSION DISTRICT AND
TWO MEMBERS WITH ENVIRONMENTAL EXPERTISE; PROVIDING
FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION
IN THE CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, on May 26, 2009, the Board of County Commissioners (Board) adopted
Ordinance No. 2009-29, which relocated and readopted the Planning Commission Ordinance in
its entirety as a stand-alone ordinance in the Collier County Code of Laws and Ordinances; and
WHEREAS, the Board amended Ordinance No. 2009-29, through its adoption of
Ordinance No. 2009-35, which provides that candidates for the Planning Commission must be
nominated by the Commissioner of the District in which the candidate resides for both initial and
subsequent terms; and
WHEREAS, the Board wishes to further amend Ordinance No. 2009-29, as amended, in
order for the Planning Commission to absorb the responsibilities of the Collier County
Environmental Advisory Council
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
SECTION ONE: AMENDMENT TO SECTION ONE OF ORDINANCE NO. 2009-29,
AS AMENDED.
Section One is hereby amended as follows:
SECTION ONE:
(1) Establishment; Powers and Duties.
There is hereby established a Planning Commission, which shall have the following
powers and duties:
Words Underlined are added; Words 8truel--T-hrough are deleted.
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17E
A. To serve as the local planning agency (LPA), and land development regulation
commission as required by F.S. §§ 163.3174 and 163.3194;
B. To prepare, or cause to be prepared, the Collier County GMP, or element or portion
thereof, and to submit to the BCC an annual report recommending amendments to such plan,
element, or portion thereof;
C. To prepare, or cause to be prepared, the LDC to implement the Collier County GMP, and
to submit to the BCC an annual report recommending amendments to the LDC;
D. To initiate, hear, consider, and make recommendations to the BCC on applications for
amendment to the text of the Collier County GMP and the LDC;
E. To initiate, review, hear, and make recommendations to the BCC on applications for
amendment to the future land use map of the Collier County GMP or the official zoning atlas of
the LDC;
F. To hear, consider, and make recommendations to the BCC on applications for conditional
use permits;
G. To make its special knowledge and expertise available upon reasonable written request
and authorization of the BCC to any official, department, board, commission, or agency of the
County, state, or federal governments;
H. To recommend to the BCC additional or amended rules of procedure not inconsistent
with this section to govern the Planning Commission's proceedings;
I. To perform those functions, powers and duties of the Planning Commission as set forth in
chapter 67-1246, Laws of Florida, incorporated herein and by reference made a part hereof, as
said chapter has been or may be amended; and
J. To consider and take final action regarding preliminary subdivision plats processed
pursuant to the provisions of section 4.03.00.
K. To sit as the County's Environmental Advisory Council and exercise all powers and
duties under Ordinance 2009-32, as amended from time to time.
(2) Membership.
A. Qualifications.
1. Members of the Planning Commission shall be permanent residents and qualified
electors of Collier County.
2. Except for the two at-large environmental members, Aalthough no specific
experience requirements shall be necessary as a prerequisite to appointment,
consideration shall be given to applicants who have experience or who have
shown interest in the area of planning, zoning, and related fields. Further
consideration in the appointment of Planning Commission members shall be made
so as to provide the Planning Commission with the needed technical, professional,
business, and/or administrative expertise to accomplish the duties and functions of
the Planning Commission.
Words Underlined are added;Words Struck-Through are deleted.
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17E
3. The appointment of all members to the Planning Commission shall be by
resolution of the BCC. In the event that any member is no longer a qualified
elector or is convicted of a felony or an offense involving moral turpitude while in
office, the BCC shall terminate the appointment of such person as a member of
the Planning Commission.
4 A representative of the school district, appointed by the school board, shall serve
as a non-voting member of the Planning Commission unless the BCC grants
voting status to the school district representative. The school district member of
the Planning Commission shall attend those Planning Commission meetings at
which GMP amendments and rezoning that would, if approved, increase
residential density of the property that is the subject of the application being
considered.
B. Appointment. The Planning Commission shall be composed of 7 members to be
appointed by the BCC. Of these seven members, there shall be one member from each of the
five County Commission Districts, and two at-large members environmental members. Planning
Commission Candidates for the five County Commission District seats Planning-Commission
must be nominated by the Commissioner of the District in which the candidate resides for both
initial and subsequent terms and receive a sim sle ma'orit vote of the Board of Count
Commissioners. The two at-large environmental members are expected to provide the Planning
Commission with technical expertise on environmental matters, and 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, with a Board preference for one of these members with an expertise in
biology and/or wildlife management, and the other member with an expertise in water and/or
hydrology. The two at large members can he nominated by any Commissioner, but must receive
a four-fifths vote of the BCC for appointment or reappointment.
All-reappointments to the--Pla=n mmisien shall be made so as to achieve the-following
geographic-al-distribution-of membership
(-4-)-One-member: County-Commission-District Nth-4-7
(2)- wo-membersounty-C-emmi-ssion District-Ne-i-
(3)Two-members:-Coon .. •. trict No. 2.
(4)-Two-members: County--Commission District No. 3.
members: County-Commission-District No.- -(fine-from lee).
(6)-One-member:-Appe inted-by-the-school--district:
C. Term. Each appointment or reappointment shall be for a term of-4-years, not less than two
nor more than four years and not more than a minority of such members' terms shall expire in
Words Underlined are added; Words Streek=Through are deleted.
Page 3 of 5
17E
any one year. Each appointment and reappointment-shall be made so that the-terms of any 2
members from a single-commission dim strict&hall-net expire in-the-same-year: Appointments to
fill any vacancy on the Planning Commission shall be for the remainder of the unexpired term of
office.
D. Removal from office.
1. Any member of the Planning Commission may be removed from office by a four-
fifths vote of the BCC, but such member shall be entitled to a public hearing and
reconsideration of the vote if he so requests in writing within 30 days of the date
on which the vote is taken.
2. If any member of the Planning Commission fails to attend 2 consecutive Planning
Commission meetings without cause, the Planning Commission shall declare the
member's office vacant and the vacancy shall be filled by the BCC.
E. Officers. The membership of the Planning Commission shall elect a chairman and vice-
chairman from among the members. Officers' terms shall be for 1 year, with eligibility for
reelection.
(3) Quorum and Voting.
The presence of 45 or more members shall constitute a quorum of the Planning
Commission necessary to take action and transact business. In addition, a simple majority vote of
at least 45 members present and voting shall be necessary in order to forward a formal
recommendation of approval, approval with conditions, denial, or other recommendation to the
BCC.
* * * * * * *
SECTION TWO: 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.
Words Underlined are added; Words Eck-Through are deleted.
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17E
SECTION THREE: 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.
SECTION FOUR: EFFECTIVE DATE.
This Ordinance shall be effective October 1, 2013.
PASSED AND DULY ADOPTED by a vote of a majority plus one of the Board of County
Commissioners of Collier County, Florida, this day of , 2013.
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA
By: By:
, Deputy Clerk GEORGIA A. IIILLER, ESQ.
CHAIRWOMAN
Approved as to form and legality:
Jeffrey A. Klatzkow
County Attorney
Words Underlined are added; Words Struck-Through are deleted.
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17E
ORDINANCE NO. 2013 -
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NO. 2009-32,
AS AMENDED, THE COLLIER COUNTY ENVIRONMENTAL
ADVISORY COUNCIL ORDINANCE, BY AMENDING SECTION ONE
(MEMBERSHIP) TO DESIGNATE THE COLLIER COUNTY PLANNING
COMMISSION AS THE ENVIRONMENTAL ADVISORY COUNCIL;
AND DELETING PROVISIONS RELATING TO QUORUM AND
VOTING, RULES OF PROCEDURE, COMPENSATION, MEETINGS,
AND EVALUATION OF TIIE EAC; PROVIDING FOR CONFLICT AND
SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF
LAWS AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, on May 26, 2009, the Board of County Commissioners (Board) adopted
Ordinance No. 2009-32, which relocated and readopted the Environmental Advisory Council
Ordinance in its entirety as a stand-alone ordinance in the Collier County Code of Laws and
Ordinances; and
WHEREAS, the Board subsequently amended Ordinance No. 2009-32, through its
adoption of Ordinance No. 2009-36 and Ordinance No. 2010-37; and
WHEREAS, the Board wishes to further amend Ordinance No. 2009-32, as amended, in
order to preserve the functionality of the Environmental Advisory Council but designate the
Collier County Planning Commission to sit as the Environmental Advisory Council.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
SECTION ONE: AMENDMENT TO SECTION ONE OF ORDINANCE NO. 2009-32,
AS AMENDED.
Section One is hereby amended as follows:
(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.
Words Underlined are added; Words Struek-Treugh are deleted.
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(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 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;
C. 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;
I1. Provide an opportunity for public comment on environmental issues, ordinances and
programs;
1. 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. Assist in the implementation of any new programs, ordinances, and/or policies adopted
by the I3CC which deal with the conservation, management, and protection of air, land, water,
and natural resources and environmental quality in the County;
Words Underlined are added; Words Sttalsk—Through are deleted.
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17E
K. 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;
L. 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.
M. Scope of land development project reviews. The EAC shall review the following:
1. Any PUD that requests a deviation from environmental standards of the L.DC 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 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 1-Iigh 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 jay;
c. Nesting crested caracara;
d. Red-cockaded woodpecker (RCW) or active RCW cavity trees;
e. Listed wading bird rookeries;
f. Burrowing owls
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
subsection(m)(6), (above) are identified on-site.
0. 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.
Words Underlined are added; Words Stk—Thr-ough are deleted.
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(4) Membership.
The Board of County Commissioners hereby designates the Collier County Planning
Commission as its local planning agency to sit as its Environmental Advisory Council.
A. Appointment. Five regular m -- . . - • •- -- :• : -c EAC shall be
appo' , . - .t-the-pleasure of, the BCC. The alterna - •- :• • •
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-sha ; • • • - • A . " . .. • : •
•-. • . •• . ' s -.embers'-appe'- --- - ..' . ,i . - , . . . ,
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-C-cutt-y-libraries-and
C ount-y-eonrrthou se:
C. Qualifications. Members-shall-be-permanent-residents and-electors-o-;-t e-Count and
- :. . : •etike-in-community service. The p . . • •-it-in--appointing•
EAC members shall be te-provvid- •- . • - - .• -• .1 expertise and-other-viewpoints-that-are
necessary to effectively accomplish-:he EAC's purpose-ln-appointing-membersr the BCC should
censid . •• - . . '; • .':cline of 3 technical regular members and 2 non technical regular
members, and 1 technical--alternate-membe . . . •• • ••• •• ;• -all-demonstrate evidence of
. • - . - • . - • 'ronmental-proteetion--and-itatural
resources management: air _ •. . •- .bdiseiplines-sue-h-Las-botany;
ecology, zoology, etc.), coast. - - , - t.. •- . - - , azardous waste, hydrogeoleg�;
hydrology;hydraulics, land-use law, lan: • - . • - : •tionr- en el, solid-waste;stormwater•
management, water resources, wildlife management, or--other--representative area-deemed
appropriate by the-BCC.
r:--netnoval. Any member of th„ '� A€may be-removed_fiom-offt-ee-by-a-mai1or-ity-vote of the
BCC.
E. Offic-crs. The officer . -- - • . - • -• . -d a vice chairman. Officers'
terms shal s -. , . ith eligib' . - - • }the-chairmar<-and-vice-hairman shall-be
eieeted-13,-a-ma.tority ote at the organizational-meeting-and-th caller at-the fi -_. ••-• '•_
ofb- = • '. • :.- : - - r7-The-c-hairman shall preside at all-meetings of the EAC. The
vice chairman sh. ;• . .. . : . 'es 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-duti- • : . - •-- -: -: :n the chairman-until-s„ch4ime-a - • .•• • - • •
chairman. Should the offices of chairman-and-or vice-chairman-become vac-ant,-the EAC shall
e - embership at the next regular-neeting::Suck-election-shall be for-the
unexpi . - • - . . face.
(5)--Quorum--and-Voting:
simple-majority of the appointed members of the EAC shall constitute a
the purpose of conducting--business. An affirmative-vote of 3 or more
Words Underlined are added; Words Struck Through are deleted.
Page 4 of 6
17E
membe . . -- - • •• : . • • s . • • ':- -_:rdless of whether 3 or
more members of the EAC are present-at a meeting:
(6)—Rules o€P-roeedtwe
A. The EAC shall, by major-ity- ete of-ti e-ent re-membersh dept-rules of procedure for•
the transaction of business-and--shall keep a record of-nee ' , ; • _ , •nd
determinations:
- - • _,• ' .. mbership-shall
P.
the duties and responsibilities of the EAC:
• • . • " - 'tabltsh-ether subeemn}ittees--comprised•solely-e€-its--merry:- • . . . • • • - . ,•.- _ : -c subcommittees shall
eon-form-to-di- . - .. ; • . • . .• - -- •is as that of the EAC.
(7) Compens-alien:
Members-of-the EAC sh 'u�l-sere-- .t=out-eempensation;but shall he entitled to
receive reimbursement for expenses reasonably-ineurr d--in-4Te-performa==ee-of-thei-r
duties-upon prior approval of the BCC.
(8) Meetings.
Regular-rnn etings-of-the EAC shall be held-on-the first-W dn- :. • • -• - - ;-
at-9-00 a.m. or otherwise-as-deter-min-8 - . . ,,: _ at-designee, in the BCC
meetit , r, building "F," Collier County-Government Complex, Naples;
Florida,-Special-meetings of the T-rAC-may be called by the ch.' . • • :city-of
the-membership:
(9)---Fwn-h:ttt-ian-of-the EAC.
The EAC shall be reviewed for major accomplishments-an: . • • - ••g
the purpose for-which it was created once every '{ years-eommen •-_ ' - '` .n
accordance-with-the--procedures contained in Collies r nty 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
Words Underlined are added;Words Struck-Through are deleted.
Page 5 of 6
17E
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.
* * * * * * *
SECTION TWO: 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 THREE: INCLUSION IN TIIE 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.
SECTION FOUR: EFFECTIVE DATE.
This Ordinance shall be effective October 1, 2013.
PASSED AND DULY ADOPTED by a vote of a majority plus one of the Board of County
Commissioners of Collier County, Florida, this day of , 2013.
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA
By: By:
, Deputy Clerk GEORGIA A. HILLER, ESQ.
I CHAIRWOMAN
Ali ro =.i. • o form and legality:
IN
Jeff ey 75, latzkow
Cou t A ttorney
Words Underlined are added;Words Stfuek—Treugh are deleted.
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Acct. #027354
June 25, 2013
Attn: Legals
Naples News Media Group
1100 Immokalee Road
Naples, Florida 34110
RE: Ordinance Amending Ordinance No. 2009-29 (The Collier County
Planning Commission Ordinance) and Ordinance Amending Ordinance No.
2009-32 (Collier County Environmental Advisory Council Ordinance)
Dear Legals:
Please advertise the above referenced notice on Friday, June 28, 2013, and kindly
send the Affidavit of Publication, in duplicate, together with charges involved, to
this office.
Thank you.
Sincerely,
Martha Vergara,
Deputy Clerk
P.O. #4500139337
17E
NOTICE OF INTENT TO CONSIDER ORDINANCES
Notice is hereby given that on Tuesday, July 9, 2013 , in the
Boardroom, 3rd Floor, Administration Building, Collier County
Government Center, 3299 East Tamiami Trail , Naples, Florida, the Board
of County Commissioners will consider the enactment of County
Ordinances . The meeting will commence at 9 : 00 A.M. The titles of the
proposed Ordinances are as follows :
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER
COUNTY, FLORIDA, AMENDING ORDINANCE NO. 2009-29, AS AMENDED,
THE COLLIER COUNTY PLANNING COMMISSION ORDINANCE, BY
AMENDING SECTION ONE (1) (POWERS AND DUTIES) TO HAVE THE
PLANNING COMMISSION ACT AS THE COUNTY' S ENVIRONMENTAL
ADVISORY COUNCIL; BY AMENDING SECTION ONE (2) (MEMBERSHIP)
BY CHANGING THE MEMBERSHIP FROM NINE TO SEVEN, WITH FIVE
PLANNING COMMISSIONERS SELECTED BY COMMISSION DISTRICT AND
TWO MEMBERS WITH ENVIRONMENTAL EXPERTISE; PROVIDING FOR
CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE
CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE
DATE .
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER
COUNTY, FLORIDA, AMENDING ORDINANCE NO. 2009-32 , AS AMENDED,
THE COLLIER COUNTY ENVIRONMENTAL ADVISORY COUNCIL ORDINANCE,
BY AMENDING SECTION ONE (MEMBERSHIP) TO DESIGNATE THE
COLLIER COUNTY PLANNING COMMISSION AS THE ENVIRONMENTAL
ADVISORY COUNCIL; AND DELETING PROVISIONS RELATING TO QUORUM
AND VOTING, RULES OF PROCEDURE, COMPENSATION, MEETINGS, AND
EVALUATION OF THE EAC; PROVIDING FOR CONFLICT AND
SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS
AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE .
Copies of the proposed Ordinances are on file with the Clerk to the
Board and are available for inspection. All interested parties are
invited to attend and be heard.
NOTE: All persons wishing to speak on any agenda item must register
with the County administrator prior to presentation of the agenda item
to be addressed. Individual speakers will be limited to 3 minutes on
any item. The selection of an individual to speak on behalf of an
organization or group is encouraged. If recognized by the Chairman, a
spokesperson for a group or organization may be allotted 10 minutes to
speak on an item.
Persons wishing to have written or graphic materials included in the
Board agenda packets must submit said material a minimum of 3 weeks
prior to the respective public hearing. In any case, written
materials intended to be considered by the Board shall be submitted to
i
17E
the appropriate County staff a minimum of seven days prior to the
public hearing. All material used in presentations before the Board
will become a permanent part of the record.
Any person who decides to appeal a decision of the Board will need a
record of the proceedings pertaining thereto and therefore, may need
to ensure that a verbatim record of the proceedings is made, which
record includes the testimony and evidence upon which the appeal is
based.
If you are a person with a disability who needs any accommodation in
order to participate in this proceeding, you are entitled, at no cost
to you, to the provision of certain assistance . Please contact the
Collier County Facilities Management Department, located at 3335
Tamiami Trail East, Suite #101, Building W, Naples, Florida 34112 ,
(239) 252-8380 . Assisted listening devices for the hearing impaired
are available in the County Commissioners' Office .
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
GEORGIA A. HILLER, ESQ. , CHAIRWOMAN
DWIGHT E. BROCK, CLERK
By: Martha Vergara, Deputy Clerk
(SEAL)
7 E
Martha S. Vergara --
From: Martha S. Vergara
Sent: Tuesday, June 25, 2013 3:57 PM
To: Naples Daily News Legals
Subject: Ordinances Amending 2OU9'Z08/ 2009'32
'
Attachments: Ord. A men di ng Ord. 2009-29 & 2009 32 (7 9 I3).doc; Ord. Amending Ord. 2009-29 &
2009-32 (7-9-13).doc
Lega|s,
Please advertise the following attached ad Friday, June 28, 2013.
Please forward an ok when received, if you have any questions feel free to call me.
Thanks,
.Murtha \/crgocx, Deputy Clerk
Minutes and Records Dept.
Clerk of the Circuit Court
& Value Adjustment Board
Office: (239) 252-7240
'Fax: (239) 252-840S
E-mail: znurtba.reqguru@cnDiezo\c«k.coom
17E
Martha S. Vergara
From: RodriguezWanda <WandaRodriguez @colliergov.net>
Sent: Wednesday, June 26, 2013 10:32 AM
To: Martha S. Vergara
Cc: Neet, Virginia; PepinEmily; Ashton, Heidi
Subject: RE: Ords Amending Ords 2009-29 & 2009-32
Looks good, OK to proceed.
Wanda Rodriguez, _Act,
1clicincecl Certifiec('r'arale[la('
Office of the County,Attornc y
) 2 52 8400
Original Message
From: Martha S . Vergara [mailto:Martha .Vergara @collierclerk. com]
Sent : Wednesday, June 26 , 2013 10 : 19 AM
To : RodriguezWanda; NeetVirginia; PepinEmily; AshtonHeidi
Subject : Ords Amending Ords 2009-29 & 2009-32
Morning All ,
Attached is the proof from NDN for the ad that is to run on FRIDAY. .
Please review and let me know of any changes needed!
Thanks,
Martha Vergara, Deputy Clerk
Minutes and Records Dept .
Clerk of the Circuit Court
& Value Adjustment Board
Office : (239) 252-7240
Fax: (239) 252-8408
E-mail : martha.vergara @collierclerk. com
Please visit us on the web at www. collierclerk. com
This electronic communication is confidential and may contain privileged
information intended solely for the named addressee (s) . It may not be used
or disclosed except for the purpose for which it has been sent . If you are
not the intended recipient, you must not copy, distribute or take any
action induced by or in reliance on information contained in this message .
Unless expressly stated, opinions in this message are those of the
individual sender and not of the Office of the Clerk of the Circuit Court
of Collier County. If you have received this communication in error,
please notify the Clerk' s Office by emailing helpdesk @collierclerk. com
1
i
17E•
quoting the sender and delete the message and any attached documents . The
Collier County Clerk' s Office accepts no liability or responsibility for
any onward transmission or use of emails and attachments having left the
CollierClerk. com domain.
Under Florida Law, e-mail addresses are public records . If you do not
want your e-mail address released in response to a public records request ,
do not send electronic mail to this entity. Instead, contact this office
by telephone or in writing.
2
Ov'd 641
a-a. 2009 - 221
Did 2.009 �-32-
17E
NOTICE OF MEETING NOTICE OF MEETING
NOTICE OF INTENT TO CONSIDER ORDINANCES
Notice is hereby given that on Tuesday,July 9,2013, in the Boardroom,3rd Floor,
Administration Building, Collier County Government Center, 3299 East Tamiami
Trail, Naples, Florida, the Board of County Commissioners will consider the
enactment of County Ordinances. The meeting will commence at 9:00 A.M. The
titles of the proposed Ordinances are as follows:
AN ORDINANCE OF THE BOARD OF COUNTY'COMMISSIONERS OF COLUER
COUNTY, FLORIDA, AMENDING ORDINANCE NO. 2009-29, AS AMENDED, THE
COLUER COUNTY PLANNING COMMISSION ORDINANCE,BY AMENDING SECTION
ONE(1)(POWERS AND DUTIES)TO HAVE THE PLANNING COMMISSION ACT AS
COUNTY'S ENVIRONMENTAL ADVISORY COUNCIL;BY AMENDING SECTION ONE(2)
(MEMBERSHIP)BY CHANGING THE MEMBERSHIP FROM NINE TO SEVEN,WITH FIVE
PLANNING COMMISSIONERS SELECTED BY COMMISSION DISTRICT AND TWO
MEMBERS WITH ENVIRONMENTAL EXPERTISE; PROVIDING FOR CONFLICT AND
SEVERABIUTY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND
ORDINANCES;AND PROVIDING FOR AN EFFECTIVE DATE.
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER
COUNTY, FLORIDA, AMENDING ORDINANCE NO. 2009-32, AS AMENDED, THE
COLLIER COUNTY ENVIRONMENTAL ADVISORY COUNCIL ORDINANCE, BY
AMENDING SECTION PLANNING COMMISSION NEAS1 HEEENVIRONMENTAL ADVISORY COUNCIL; AND OF
DELETING PRO EDURE,RCOMP NSATI N. MEET NGS,uAND EVALUATIONNOF THEESEAC;
PROVIDING FOR CONFUCT AND SEVERABIUTY;PROVIDING FOR INCLUSION
CODE OF LAWS AND ORDINANCES;AND PROVIDING FOR AN EFFECTIVE ATEN THE
afripp and are
available for All interested are invited t Clerk
ttend and be heard.
NOTE: All persons wishing to speak n any agenda item must register with the
County administrator prior to presentation of the agenda item to be addressed.
Individual speakers will be limited to 3 minutes on any item. The selection of an
individual to speak on behalf of an organization or group'is encouraged. If
recognized by the Chairman, a spokesperson for a group or organization may be
allotted 10 minutes to speak on an item.
Persons wishing to have written or graphic materials included in the Board agenda
packets must submit said material a minimum of 3 weeks prior to the respective
public hearing. In any case, written materials intended to be considered by the
Board shall be submitted to the appropriate.County staff a minimum of seven days
prior to the public hearing. All material used in presentations before the Board
will become a permanent part of the record.
Any person who decides to appeal a decision of the Board will need a record of the
proceedings pertaining thereto and therefore,may need to ensure that a verbatim
record of the proceedings is made, which record includes the testimony and
evidence upon which the appeal is based.
If you are a person with a disability who needs-any accommodation in order to
participate in this proceeding,you are entitled,at no cost to you,to the provision
of certain assistance. Please contact the Collier County Facilities Management
Department, located at 3335 Tamiami Trail East, Suite #101, Building W, Naples,
Florida 34112, (239) 252-8380. Assisted listening devices for the hearing impaired
are available in the County Commissioners'Office.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY,FLORIDA
GEORGIA A.HILLER,ESQ.,CHAIRWOMAN
DWIGHT E.BROCK,CLERK
By: Martha Vergara,Deputy Clerk -
...(SEAL) -X0
)B 13 Nn 1993744.
Lme
NOTICE OF INTENT TO CONSIDER ORDINANCES
Notice is hereby given that on Tuesday, July 9,2013, in the Boardicor, Std Floor,
Administration Building. Collier County Government Center, 3299 East Tamiant
Trail, Naples, Florida, the Board el County Commissioners will consider the
enactment of County Ordinances. Tire meeting will commence at 9:00 A.M The
titles of the proposed Ordinances are as follows:
AN ORDINANCE OE THE BOARD OF COUNTY COMMISSIONERS OF COLLIER
COUNTY,FLORIDA,AMENDING ORDINANCE NO.2000-29, AS AMENDED,THE
COLLIER COUNTY PLANNING COMMISSION ORDINANCE, BY AMENDING SECTION
ONE(1)(POWERS AND DUTIES)TO HAVE THE PLANNING COMMISSION ACT ASTFIE
COUNTY'S ENVIRONMENTAL ADVISORY COUNCIL;BY AMENDING SECTION ONE(2)
(MEMBERSHIP)BY CHANGING THE MEMBERSHIP FROM NINE 10 SEVEN,WITH FIVE
PLANNING COMMISSIONERS SELECTED BY COMMISSION DISTRICT AND TWO
MEMBERS WITH IENVIRONMENTAL EXPERTISE; PROVIDING FOR CONFLICT AND
SEVERABILITY; PROVIDING FOR INCLUSION 113 111 CODE OF LAWS AND
ORDINANCES;AND PROVIDING FOR AN EFFECTIVE DATE.
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER
COUNTY, FLORIDA, AMENDING ORDINANCE NO.2009-32, AS AMENDED, THE
COLLIER COUNTY ENVIRONMENTAL ADVISORY COUNCIL ORDINANCE, BY
AMENDING SECTION ONE (MEMBERSHIP) TO DESIGNATE THE COLLIER COUNTY
PLANNING COMMISSION AS THE ENVIRONMENTAL ADVISORY COUNCIL; AND
DELETING PROVISIONS RELATING TO QUORUM AND VOTING, RULES OF
PROCEDURE, COMPENSATION, MEETINGS, AND EVALUATION OF THE EAC;
PROVIDING FOR CONFLICT AND SEVERABILIT, PROVIDING FOR INCLUSION IN THE
CODE OF LAWS AND ORDINANCES;AND PROVIDING FOR AN EFFECTIVE DATE.
Copies of the proposed Ordinances are on file with the Clerk to the Board and are
available for inspection. All interested parties are invited to attend and be heard.
NOTE All persons wishing to speak on any agenda item must register with the
County administrator prior to presentation of the agenda item to be addressed
Individual speakers will be limited to 3 minutes on any item. The selection of an
individual to speak on behalf of an organization or group is encouraged. If
recognized by the Chairman, a spokesperson for a group or organization may be
allotted 10 minutes to speak on an item
Persons wishing to have written or graphic materials included in the Board agenda
packets must submit said material a minimum of 3 weeks prior to the respective
public hearing. In any case,written materials intended to be considered by the
Board shall be submitted to the appropriate County staff a minimum of seven days
prior to the public hearing. All material used in presentations before the Board
will become a permanent part of the record.
Any person who decides to appeal a decision of the Board will need a record of the
proceedings pertaining thereto and therefore,may need to ensure that a verbatim
record of the proceedings is made, which record includes the testimony and
evidence upon which the appeal Is based.
If you are a person with a disability vikho needs any accommodation in order to
participate in this proceeding, you are entitled, at no cost to you,to the provision
of certain assistance. Please contact the Collier County Facilities Management
Department, located at 3335 Tamiaml Trail East,Suite 4101, Building W.Naples,
Florida 34112, (239)252-8380. Assisted listening devices for the hearing impaired
are available in the County Commissioners'Office.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY,FLORIDA
GEORGIA A. MILLER,ESQ.,CHAIRWOMAN
DWIGHT E.BROCK,CLERK
By: Martha Vergara,Deputy Clerk
(SEAL) No. 19937x4
June 28,2013
ORIGINAL DOCUMENTS CHECKLIST & ROUTIN S I E
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SEN TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SI NA
Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwa ded to the County Attorney Office
at the time the item is placed on the agenda. All completed routing slips and original documents must be received in t e County Attorney Office no later
than Monday preceding the Board meeting.
**NEW** ROUTING SLIP
Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the docum.nt is already complete with the
exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office.
Route to Addressee(s) (List in routing order) Office Initia s Date
1.
2.
3. County Attorney Office County Attorney Office JAK •t\ 7/9/13
4. BCC Office Board of County G \^ \ii\T
Commissioners \\z\l-
5. Minutes and Records Clerk of Court's Office *-4-11
PRIMARY CONTACT INFORMATION
Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact informatio is needed in the event one of the
addressees above,may need to contact staff for additional or missing information.
Name of Primary Staff Jeffrey A.Klatzkow,County Attorney Phone Number .52-8400
Contact/ Department
Agenda Date Item was 7/9/13 Agenda Item Number 7-E(1) L>�
Approved by the BCC
Type of Document Ordinance—Amendment to CCPC Number of Original One
Attached Ordinance Documents Attached
PO number or account n/a n�
number if document is CQ 3
to be recorded
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is es N/A(Not
appropriate. (Initial) Applicable)
1. Does the document require the chairman's original signature? AK
2. Does the document need to be sent to another agency for additional signatures? If yes, JAK
provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet.
3. Original document has been signed/initialed for legal sufficiency. (All documents to be AK
signed by the Chairman,with the exception of most letters,must be reviewed and signed
by the Office of the County Attorney.
4. All handwritten strike-through and revisions have been initialed by the County Attorney's JAK
Office and all other parties except the BCC Chairman and the Clerk to the Board
5. The Chairman's signature line date has been entered as the date of BCC approval of the AK
document or the final negotiated contract date whichever is applicable.
6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's AK
signature and initials are required.
7. In most cases(some contracts are an exception),the original document and this routing slip JAK
should be provided to the County Attorney Office at the ime the item is input into SIRE.
Some documents are time sensitive and require forwar ng to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aw a of your deadlines!
8. The document was approved by the BCC on 7/9/13 and all changes made during the AK r°� f
meeting have been incorporated in the attached document. The County Attorney's _°
Office has reviewed the changes,if applicable.
9. Initials of attorney verifying that the attached document is the version approved by the AK
BCC,all changes directed by the BCC have been made,and the document is ready for t' - cQ.�
Chairman's signature.
I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2 24.05;Revised 11/30/12
• 17E1
MEMORANDUM
Date: July 23, 2013
To: Jeff Klatzkow, County Attorney
County Attorney's Office
From: Ann Jennejohn, Deputy Clerk
Board Minutes & Records Department
Re: Ordinance 2013-50: Amending 2009-29, as amended, the
Collier County Planning Commission Ordinance
Attached for your records is a copy of the ordinance referenced above, (Item #17E1)
adopted by the Board of County Commissioners on Tuesday, July 9, 2013.
The original will be held in the Minutes and Records Department for the Board's
Official Record.
If you have any questions, please feel free to contact me at 252-8406.
Thank you.
Attachment
17E1
ORDINANCE NO. 2013 -50
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NO. 2009-29,
AS AMENDED, THE COLLIER COUNTY PLANNING COMMISSION
ORDINANCE, BY AMENDING SECTION ONE (1) (POWERS AND
DUTIES) TO HAVE THE PLANNING COMMISSION ACT AS THE
COUNTY'S ENVIRONMENTAL ADVISORY COUNCIL; BY
AMENDING SECTION ONE (2) (MEMBERSHIP) BY CHANGING THE
MEMBERSHIP FROM NINE TO SEVEN, WITH FIVE PLANNING
COMMISSIONERS SELECTED BY COMMISSION DISTRICT AND
TWO MEMBERS WITH ENVIRONMENTAL EXPERTISE; PROVIDING
FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION
IN THE CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, on May 26, 2009, the Board of County Commissioners (Board) adopted
Ordinance No. 2009-29, which relocated and readopted the Planning Commission Ordinance in
its entirety as a stand-alone ordinance in the Collier County Code of Laws and Ordinances; and
WHEREAS, the Board amended Ordinance No. 2009-29, through its adoption of
Ordinance No. 2009-35, which provides that candidates for the Planning Commission must be
nominated by the Commissioner of the District in which the candidate resides for both initial and
subsequent terms; and
WHEREAS, the Board wishes to further amend Ordinance No. 2009-29, as amended, in
order for the Planning Commission to absorb the responsibilities of the Collier County
Environmental Advisory Council.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
SECTION ONE: AMENDMENT TO SECTION ONE OF ORDINANCE NO. 2009-29,
AS AMENDED.
Section One is hereby amended as follows:
SECTION ONE:
(1) Establishment; Powers and Duties.
There is hereby established a Planning Commission, which shall have the following
powers and duties:
Words Underlined are added;Words Struck Through are deleted.
Page 1 of 5
17E1
A. To serve as the local planning agency (LPA), and land development regulation
commission as required by F.S. §§ 163.3174 and 163.3194;
B. To prepare, or cause to be prepared, the Collier County GMP, or element or portion
thereof, and to submit to the BCC an annual report recommending amendments to such plan,
element, or portion thereof;
C. To prepare, or cause to be prepared, the LDC to implement the Collier County GMP, and
to submit to the BCC an annual report recommending amendments to the LDC;
D. To initiate, hear, consider, and make recommendations to the BCC on applications for
amendment to the text of the Collier County GMP and the LDC;
E. To initiate, review, hear, and make recommendations to the BCC on applications for
amendment to the future land use map of the Collier County GMP or the official zoning atlas of
the LDC;
F. To hear, consider, and make recommendations to the BCC on applications for conditional
use permits;
G. To make its special knowledge and expertise available upon reasonable written request
and authorization of the BCC to any official, department, board, commission, or agency of the
County, state, or federal governments;
H. To recommend to the BCC additional or amended rules of procedure not inconsistent
with this section to govern the Planning Commission's proceedings;
I. To perform those functions, powers and duties of the Planning Commission as set forth in
chapter 67-1246, Laws of Florida, incorporated herein and by reference made a part hereof, as
said chapter has been or may be amended; and
J. To consider and take final action regarding preliminary subdivision plats processed
pursuant to the provisions of section 4.03.00.
K. To sit as the County's Environmental Advisory Council and exercise all powers and
duties under Ordinance 2009-32, as amended from time to time.
(2) Membership.
A. Qualifications.
1. Members of the Planning Commission shall be permanent residents and qualified
electors of Collier County.
2. With respect to the five County Commission District members, Aalthough no
specific experience requirements shall be necessary as a prerequisite to
appointment, consideration shall be given to applicants who have experience or
who have shown interest in the area of planning, zoning, and related fields.
Further consideration in the appointment of Planning Commission members shall
be made so as to provide the Planning Commission with the needed technical,
professional, business, and/or administrative expertise to accomplish the duties
and functions of the Planning Commission.
Words Underlined are added;Words Struck StfuelE-Thfewgh are deleted.
Page 2 of 5
17E1
3. The two at-large environmental members are expected to provide the Planning
Commission with technical expertise on environmental matters, and 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, with a Board preference for
one of these members with an expertise in biology and/or wildlife management,
and the other with an expertise in water and/or hydrology.
34. The appointment of all members to the Planning Commission shall be by
resolution of the BCC. In the event that any member is no longer a qualified
elector or is convicted of a felony or an offense involving moral turpitude while in
office, the BCC shall terminate the appointment of such person as a member of
the Planning Commission.
45 A representative of the school district, appointed by the school board, shall serve
as a non-voting member of the Planning Commission unless the BCC grants
voting status to the school district representative. The school district member of
the Planning Commission shall attend those Planning Commission meetings at
which GMP amendments and rezoning that would, if approved, increase
residential density of the property that is the subject of the application being
considered.
B. Appointment. The Planning Commission shall be composed of 79 members to be
appointed by the BCC, together with the representative of the school district. Of these seven
members, there shall be one member from each of the five County Commission Districts, and
two at-large environmental members. Planning Commission Candidates for the five County
Commission District seats Planning Commission must be nominated by the Commissioner of the
District in which the candidate resides for both initial and subsequent terms and receive a simple
majority vote of the Board of County Commissioners. The two at large members can be
nominated by any Commissioner, but must receive a four-fifths vote of the BCC for appointment
or reappointment.
- .. : . ..
(2)Two members: County Commission District No. 1.
. --- • . . . • -• . ! .
(') Two members: County Commission District No. 3.
. - -- ' .
Words Underlined are added;Words Struck Struek-Thfeugh are deleted.
Page 3 of 5
17E1
C. Term. - . - . ... - --- - . :.. - --- • . . - -.- - A . . - . -
commission district shall not expire in the same year. Terms of office of Planning Commission
members shall be for not less than two nor more than four years and not more than a minority of
such members' terms shall expire in any one year. Appointments to fill any vacancy on the
Planning Commission shall be for the remainder of the unexpired term of office. No meetings of
a Planning Commission shall be held when the membership is less than five.
D. Removal from office.
1. Any member of the Planning Commission may be removed from office by a four-
fifths vote of the BCC, but such member shall be entitled to a public hearing and
reconsideration of the vote if he so requests in writing within 30 days of the date
on which the vote is taken.
2. If any member of the Planning Commission fails to attend 2 consecutive Planning
Commission meetings without cause, the Planning Commission shall declare the
member's office vacant and the vacancy shall be filled by the BCC.
E. Officers. The membership of the Planning Commission shall elect a chairman and vice-
chairman from among the members. Officers' terms shall be for 1 year, with eligibility for
reelection.
(3) Quorum and Voting.
The presence of 45 or more members shall constitute a quorum of the Planning
Commission necessary to take action and transact business. In addition, a simple majority vote of
at least 45 members present and voting shall be necessary in order to forward a formal
recommendation of approval, approval with conditions, denial, or other recommendation to the
BCC.
* * * * * * *
SECTION TWO: 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
Words Underlined are added;Words Stfusk—Thfeugh are deleted.
Page 4 of 5
i
17E1
separate, distinct and independent provision and such holding shall-rfot affect the validity of the
remaining portion.
SECTION THREE: 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.
SECTION FOUR: EFFECTIVE DATE.
This Ordinance shall be effective October 1, 2013.
PASSED AND DULY ADOPTED by a vote of a majority plus one of the Board of County
Commissioners of Collier County, Florida, thin%day of Vu-s\. , 2013.
ATTEST: ;,.,.-"'p',,,s r.;'...,., BOARD • CO ' TY COMMISSIONERS
DWIGHTZ 5ROCg;',Clerk COLL ' �� 0 it TY, FLORIDA
r y_ - i t B
BY: k . . .� _ .. y: ibi_
' ,WDeputy er,F GEO`' ' IA A. HILLER, ESQ.
Attest as- :zhainmar s" _ - CHAIRWOMAN
signature only;,,,
Appro , r ., . and legality:
41 i 1
Jeffrey • ' iill w
County A o A'`ey
Words Underlined are added;Words Struck Through are deleted.
Page 5 of 5
1
17E1
STATE OF FLORIDA)
COUNTY OF COLLIER)
I , DWIGHT E . BROCK, Clerk of Courts in and for the
Twentieth Judicial Circuit , Collier County, Florida, do
hereby certify that the foregoing is a true and correct
copy of :
ORDINANCE 2013-50
which was adopted by the Board of County Commissioners
on the 9th day of July, 2013 , during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 15th
day of July, 2013 .
DWIGHT E . BROCK
Clerk of Courts and .Clerk
Ex-officio to Boad'°'oT"-t.,
County Commissi ers
fl*
---)VjuiL„ - - : , . 7- '
By: Martha Verga- a;• -;,;.,`-�
Deputy Clerl ;