Backup Documents 09/28/2010 Item #17CNAPLES DAILY NEWS
Published Daily
Naples, FL 34110
Affidavit of Publication
State of Florida
Counties of Collier and Lee
Before the undersigned they serve as the authority, personally
appeared Tracy who on oath says that she serves
as the Senior Accountant of the Naples Daily News,
a daily newspaper published at Naples, in Collier County,
Florida; distributed in Collier and Lee counties of Florida;
that the attached copy of the advertising, being a
PUBLIC NOTICE
in the matter of PUBLIC NOTICE
was published in said newspaper 1 time in the issue
on September 10, 2010
Affrant further says that the said Naples Daily News is a newspaper
published at Naples, in said Collier County, Florida, and that the said
newspaper has heretofore been continuously published in said Collier
County, Florida; distributed in Collier and Lee counties of Florida,
each day and has been entered as second class mail matter at the post
office in Naples, in said Collier County, Florida, for a period of I
year next preceding the first publication of the attached copy of
advertisement; and affiant further says that he has neither paid nor
promised any person, firm or corporation any discount, rebate,
commission or refund for the purpose of securing this advertisement for
publication in the said newspaper.
( Signature of aiant)
Sworn to and subscribed before me
This 14th day of September, 2010
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(Signature of notary public)
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17C
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ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS S
THE BOARD OF COUNTY COMMISSIONERS OFFICE FO NTrURE
Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original
documents are to be forwarded to the Board Office only after the Board has taken action on the item.)
ROUTING SLIP
Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the
exception of the Chairman's signature, draw a line through routing lines #I through #4, complete the checklist, and forward to Sue Filson (line #5).
Route to Addressee(s)
(List in routing order)
Office
Initials
Date
1. Judy Puig
GMD Planning &
Regulation/Operations
(Initial)
"VS �D
2.
September 28, 2010
Agenda Item Number
17C
3.
signed by the Chairman, with the exception of most letters, must be reviewed and signed
4.
Ordinance
Number of Original
1
5 Ian Mitchell, Supervisor, BCC Office
Board of County
Commissioners
Documents Attached
915.
6. Minutes and Records
Clerk of Court's Office
PRIMARY CONTACT INFORMATION
(The primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the person who created/prepared the executive
summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing
information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the
item.)
Name of Primary Staff
Stephen Lenberger
Phone Number
252 -2915
Contact
aonrooriat e.
(Initial)
Applicable)
Agenda Date Item was
September 28, 2010
Agenda Item Number
17C
Approved by the BCC
signed by the Chairman, with the exception of most letters, must be reviewed and signed
Type of Document
Ordinance
Number of Original
1
Attached
I MO
Documents Attached
INSTRUCTIONS & CHECKLIST
1: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05
Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is
Yes
N/A (Not
aonrooriat e.
(Initial)
Applicable)
1.
Original document has been signed/initialed for legal sufficiency. (All documents to be
signed by the Chairman, with the exception of most letters, must be reviewed and signed
by the Office of the County Attorney. This includes signature pages from ordinances,
resolutions, etc. signed by the County Attorney's Office and signature pages from
contracts, agreements, etc. that have been fully executed by all parties except the BCC
Chairman and Clerk to the Board and possibly State Officials.)
2.
All handwritten strike - through and revisions have been initialed by the County Attorney's
Office and all other parties except the BCC Chairman and the Clerk to the Board
3.
The Chairman's signature line date has been entered as the date of BCC approval of the
document or the final negotiated contract date whichever is applicable.
9)y
4.
"Sign here" tabs are placed on the appropriate pages indicating where the Chairman's
signature and initials are required.
5.
In most cases (some contracts are an exception), the original document and this routing slip
should be provided to Ian Mitchell in the BCC office within 24 hours of BCC approval.
(� „
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aware of your deadlines!
6.
The document was approved by the BCC on 9/28/2010 (enter date) and all changes
made during the meeting have been incorporated in the attached document. The
County Attorney's Office has reviewed the changes, if applicable. ,
A
1: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05
17C
ORDINANCE NO. 10- 3 7
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
FOR THE REVIEW OF AN ENVIRONMENTAL IMPACT STATEMENT
(EIS) WITH REVIEW OF SPECIFIC ENVIRONMENTAL DATA
PURSUANT TO CCME POLICY 6.1.8 AND LAND DEVELOPMENT
CODE AMENDMENT TO SECTION 10.02.02.A; 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;
Words underlined are added, Words stmek thfotgh are deleted.
Page 1 of 6
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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 ire- luding, buA net limited- te, r-ezenos, developments of fe ' fig pa
. . lal uses, subdivisien master plans, and planned unit develepmeni amendments that are
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;
Words underlined are added; Words c'r^ .rough are deleted.
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17 C - I
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;
H. 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;
i. Paftieipate in the review and r-eeommendation preeess for emeava4ions Over 500,000 eubie
yards,
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. Ftmefien as ental impaet statement (EIS) review board pursuan4 to Chapter-
! 0 of the LDG;; end
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 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 9. Scope of land development project reviews. The EAC shall review the following: X1.1
land development petitions whieh require the fellewi..,,. — --remnental impaet statement
(EIS) per seefien 10.02.02 of the LPG; all developments of regional impaet ([)PJ); lands with
— . - - -„.✓ .', .'- ,,.- -J 1.'.'1- .-.' -- — .. --. v-- v- ...- v-uuv --.nwa -v.s — vu.aaaay. vv .vuva ♦ vu --I Iv . ...-
appheant and staff and whieh is r-equesied by either- party to be heard by the EAG. The
shat a! my petition which requires appreval of the — Collier County Planning
Words underlined are added; Words stme-*ugh are deleted.
Page 3 of 6
17C
1 wmtreffer . . -
1. Any PUD that requests a deviation from environmental standards of the LDC or
any development order that requests a deviation from the provisions identified in
GMP CCME Polices 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
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 ranted;
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 jay;
C. Nesting crested caracara;
d. Red - cockaded woodpecker (RCW) or active RCW cavity trees;
rees;
e. Listed wading bird rookeries.
Words underlined are added; Words �v�- ;ugh are deleted.
Page 4 of 6
17c
£ Burrowing owls
k. Any pefiEienet may request a - waiver- - a,- the - �-. ,e .:;;T- . a;r2.;,o.,t, w.`, en ..,.
N. Any petitioner may request a waiver of the EAC hearing reauirement 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 eNeept to evaluate the efitefia fer allowing treated steffnwater- to be disehar-ged in
Preserves as allowed in seetion 3.05.07 ef the L-DQ
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
Words underlined are added; Words swack thfaugh are deleted.
Page 5 of 6
17C
relettered to accomplish such, and the word "ordinance" may be changed to "section," "article,"
or any other appropriate word.
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 d ay of bg r , 2010.
ATTEST:
DWIGHT E. BROCK, CLERK
By
_ T T. e
Approved as to form
and legal sufficiency:
Steven T. Williams
Assistant County Attorney 41
04.0213/7
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
L / ,
By:
FRED W. COYLE, Chairman
Words underlined are added; Words stmsk thfough are deleted.
Page 6 of 6
17C
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 2010 -37
Which was adopted by the Board of County Commissioners
on the 28th day of September, 2010, during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 1st
day of October, 2010.
DWIGHT E. BROCK
Clerk of Courts and• °Clerk
Ex- officio to;B\q�fr�
F
County Commis 0T"'
By: Martha V0'12gar.;.a
Deputy Clerk.••• < =..•