Agenda 12/15/2009 Item #16A 8
Agenda Item No. 16A8
December 15, 2009
Page 1 of 8
EXECUTIVE SUMMARY
Request to approve the proposed Letter of Understanding that delineates Growth
Management Plan (GMP) major issues that will be addressed in the County's Evaluation
and Appraisal Report (EAR) as required by Section 163.3191 of the Florida Statutes and
direct the County Manager or his designee to enter into a formal agreement with the
Florida Department of Community Affairs (DCA).
OBJECTIVE:
To request approval from the Board of County Commissioners (BCC) in regard to the proposed
Letter of Understanding which lists GMP major issues that must be addressed in the County's
Evaluation and Appraisal Report (EAR),
CONSIDERATIONS:
Chapter 163,3191 of the Florida Statutes requires local governments to adopt an EAR once
every seven years with the purpose of assessing the progress in implementing the local
government's comprehensive plan. The EAR evaluates how successful a local government has
been in addressing major community land use planning issues through implementation of its
comprehensive plan, suggests revisions to better address the community's vision, and
addresses changes mandated by State requirements. From a statutory perspective, the EAR
evaluates the effectiveness, successes, and failures of the various Elements of the local
government comprehensive plan at a specific point in time. Ultimately, the recommendations
contained in the EAR become the basis for proposed amendments to the County's Growth
Management Plan (GMP). Collier County adopted its last EAR in 2004.
County staff has been in communication with Department of Community Affairs (DCA) staff
since the onset of the EAR process in order to delermine the list of Collier County major issues
(see attached Exhibit A) that must ultimately be addressed in the EAR and to verify the best
approach that the County should follow in order to prepare an EAR with the expressed intent to
be found in compliance by DCA. The Collier County deadline for submittal of the EAR is
January 1, 2011.
The requirements for EARs was enacted by the Florida Legislature in 1985 in the "Local
Government Comprehensive Planning and Land Development Regulation Act." During the first
phase of EARs (Collier County 1997) every local government eventually finished their EAR.
Some local governments were late submitting their EAR and incurred planning sanctions which
initially are a moratorium on GMP amendments. However, those local governments eventually
submitted their EARs and thus there was no necessity for DCA to go to administrative hearings
where the potential sanctions imposed are financial and include State revenue sharing (gas and
sales tax), Community Development Block Grant (CDBG) funds, and emergency operations
funding. The second phase of EARs is almost completed and at this time 6 of the 67 counties
have not submitted EARs and thus are subject to GMP amendment sanctions. Collier County
successfully completed its EAR for the second phase pursuant to DCA's scheduled deadline.
Moreover, Collier County's 2004 EAR was found in compliance without a single objection,
recommendation or comment from DCA. Collier County is now in its 3Cd EAR process which is
scheduled to be completed by the January 1, 2011 deadline. If Collier County does not
complete its EAR by January 2011 it would result in GMP amendment sanctions which would
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.Agenda Item No. 16A8
December 15, 2009
Page 2 of 8
delay the adoption schedule of the proposed Immokalee Area Master Plan GMP amendments,
and any forthcoming Rurai Lands Stewardship Area (RLSA) GMP amendments.
The attached Project Management Plan (PMP) for the EAR initially schedules three public
meetings in January, February, and March of 2010 to solicit input from Collier County citizens,
stakeholders, and affected parties. The PMP allocates workshops with both the Environmental
Advisory Council (EAC) and the Collier County Planning Commission (CCPC), the Board's two
main advisory boards related to issues regarding growth management, but does not include a
BCC EAR workshop. The schedule calls for workshops with both advisory boards in late
summer of 2010, which is then followed by adoption hearings by each in November and
December of 2010. There is no statutory requirement for a BCC workshop. The results of these
workshops and hearings would result in the final EAR adoption report reviewed by the Board
during its January 2011, adoption hearing. It should be noted that during the 2004 EAR process
the BCC did not conduct a workshop on the EAR, but rather a single adoption hearing after
recommendations from the EAC and the CCPC following their workshops and adoption
hearings.
FISCAL IMPACT:
There are no fiscal impacts associated with this update. Fiscal impacts will be determined at the
time of the EAR based GMP amendments.
LEGAL CONSIDERATIONS:
The letter of understanding is not mandatory, but it is recommended because early coordination
with DCA will make the process run more smoothly. This item is ready for Board consideration
and approval.--HFAC
STAFF RECOMMENDATION:
Request the Board of County Commissioners to direct the County Manager or his designee to
enter into a formal agreement with DCA regarding the Letter of Understanding for the County's
EAR.
PREPARED BY:
Carolina Valera, Principal Planner
Comprehensive Planning Department
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Item Number:
Item Summary:
Meeting Date:
Agenda Item No. 16A8
December 15, 2009
Page 3 of 8
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
16A8
Request to approve the proposed Letter of Understanding that delineates Growth
Management Plan (GMP) major issues that will be addressed in the Countys Evaluation and
Appraisal Report (EAR) as required by Section 163.3191 of the Florida Statutes and direct
the County Manager or his designee to enter into a formal agreement with the Florida
Department of Community Affairs (DCA).
12/15/2009 9:00:00 AM
Prepared By
Carolina Valera
Community Development &
Environmental Services
Planner, Principal
Date
Comprehensive Planning
11/18/20099:06:28 AM
Approved By
Mike Bosi, Ale?
Community Development &
Environmental Services
Manager - Planning
Date
Comprehensive Planning
12/2120098:21 AM
Approved By
Heidi F. Ashton
County Attorney
Section Chief/Land Use-Transportation
Date
County Attorney
1212/20094: 12 PM
Approved By
Jeff Klatzkow
County Attorney
Date
Approved By
1212120094:16 PM
Judy Puig
Community Development &
Environmental Services
Operations Analyst
Community Development &
Environmental Services
Date
12/3/20091:31 PM
Approved By
Randall J. Cohen
Community Development &
Environmental Services
Director - Comprehensive Planning
Date
Comprehensive Planning
1213120094:01 PM
Approved By
Joseph K. Schmitt
Community Development &
Environmental Services
Administrator - Community Development
Date
Community Development &
Environmental Services
1213120097:52 PM
Approved By
OMS Coordinator
County Manager's Office
Date
Office of Management & Budget
1214/200911:14AM
Approved By
Mark Isackson
Office of Management &
Budget
Agenda Item No. 16A8
December 15. 2009
Page 4 of 8
ManagemenUBudget Analyst, Senior
Date
Office of Management & Budget
12/4/200S 12:06 PM
Approved By
Leo E. Ochs, Jr.
County Managers Office
County Manager
Date
County Managers Office
12/5/2009 9:09 AM
Agenda Item No. 16A8
December 15, 2009
Page 5 of 8
COLLIER COUNTY GOVERNMENT
.
Community Development and Environmental Services Division
Comprehensive Planning Department'2800 North Horseshoe Drive' Napies, FL 34104
Date: November 24, 2009
Florida Department of Community Affairs (DCA)
Walker Banning, Community Program Manager
Division of Community Planning
2555 Shumard Oaks Blvd.
Tallahassee, Florida 32399-2100
Evaluation and Appraisal Report - Letter of Understanding
Dear Mr. Banning:
The purpose of this letter is to identifY the planning issues that will provide the basis for Collier County's
Evaluation and Appraisal Report (EAR). Collier County will prepare and adopt its EAR by January,
20l1. The time period covered by the evaluation will be from January 1,2004 (the date ofthe last EAR)
until July 1,2010.
The "Major Issues" to be addressed are attached, These issues were identified based on the following:
. A scoping meeting held with peer and stakeholder agencies on September 8, 2009;
. The endorsement of the Board of County Commissioners scheduled for December l, 2009; and
. Consultation with DCA staff.
We request that this letter and the attached list of Major Issues serve as the basis for a letter of
Understanding between the Department of Community Affairs and Collier County. The Major Issues will
be the focus of the Collier County EAR. The EAR will also address the required subjects detailed in
Section 163.3l91(2)(a-p), Florida Statutes.
If you have any questions or comments on the Collier County EAR, please contact either Mike Bosi or
myself at (239) 252-2309.
Sincerely,
Randall J. Cohen, AICP
Director of Comprehensive Planning
Agenda Item No. 16A8
December 15, 2009
Page 6 of 8
Collier County Evaluation and Appraisal Report
List of Maior Issues
I. CONCURRENCY MANAGEMENT
As part of its growth management program the County has adopted a variety of measures to
ensure that infrastructure is available when needed to support new development/redevelopment
and that such development pay its fair share. These measures include adopted Level of Service
Standards, a concurrency management system, impact fees, permit and services fees,
proportionate-fair share ordinance, direct cost accounting and a Five-Year Schedule of Capital
Improvements to program the timely construction of needed public facilities. The EAR will
include a series of interrelated evaluations of the actions taken by the County and
recommendations regarding changes needed to better achieve community-planning objectives.
The EAR will evaluate the effectiveness of the concurrency management measures in achieving
and maintaining the adopted level of service standards and ensuring that infrastructure is
available when needed to support development and that development pays for growth related
impacts.
2. CLIMATE CHANGE
The EAR will evaluate the policies and objectives within the GMP for their effectiveness towards
promoting reductions in vehicle miles traveled and corresponding reduction in green house gas
emlSSlons.
3. URBAN DEVELOPMENT PATTERN
The EAR will evaluate the objectives and policies of the GMP for their effect upon the pattern
and timing of urban development throughout the County. The EAR will evaluate the effectiveness
of the urban boundary line and policies related to urban areas in Immokalee.
4. WATER RESOURCE PROTECTION
Evaluate the County's watershed management planning and floodplain management programs
and existing criteria to deternline the def,'Tee to which related planning objectives have been
achieved.
5. INTERGOVERNMENTAL COORDINATION
Assess the ongoing coordination between Collier County and surrounding local governments,
other governmental agencies, and special districts, and assess the effectiveness of the objectives
and policies of the plan and detennine if any deficiencies exist or modifications are required. The
EAR will evaluate the effcctiveness of the intergovernmcntal coordination related to the planning
and provision of potable water.
Agenda item No. 16A8
December 15, 2009
Page 7 of 8
6. AFFORDABLE HOUSING
The EAR will evaluate how successful the County has been in providing affordable housing
during the previous implementation period, the status of available affordable housing in the
County and determine if any modifications to the GMP are necessary.
7. RURAL LANDS STEWARDSHIP AREA OVERLAY
The EAR will include an evaluation of the effectiveness of the Comprehensive Plan in achieving
the plan objectives and policies associated with the Rural Lands Stewardship Area Overlay.
8, RURAL FRINGE MIXED USE DISTRICT
The EAR will include an evaluation of the effectiveness of the Comprehensive Plan in achieving
the plan objectives and policies associated with the Rural Fringe Mixed Use District.
12/83/2889 16:18
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Agenda Itl~o. f61A~5
December 15, 2009
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,/
.
Si...i! OF FLOR to'"
DEPARTMENT OF COMMUNITY AFFAIRS
"Dedicated to making Florid. II better place to caf1 hom,,"
CH.....lIE CRoaT
-
_S G. PELHAM
......
Dctembcr 4. 2009
Mr. Randall J. Cohen. AlCP
Director ofComprebensive Planning
Comprehensive PllIIIIIing Department
2800 North Honeshoe Drive
Naples, Florida 34104
RE: CoUier County Evaluation Appraisal Report
Letter of Understandins
Dear Mr. Cohen:
The Department has rec:eived your letter dated November 24, 2009, whidl outlines the
mlIior issues that Collier County will focus on for the Evaluation and Appraisal Report (EAR) of
the COIIIIty's Comprehensive Plan. This letter serves 85 the Department's continnation that the
issues iderlll1ied In your letter are the ~or issues on ....i1ich Collier County will focus. I am
confident that the EAR will contain a comprehensive _sment and evaluation ofthc
effcetiveoess ofttle County's Comprehensive Plan in schievlng the coals related to the major
issues, as well as identifying the necessary EAR-balled amendments for achieving those goals.
We look forward to contimiing to provide technical assistance to the County during the
EAR process. If you have any questions reprding this mat1e\' or if we may be of further
assistance as you proceed with the EAR. please COIIl8ct Brenda Winoinaham, Regional Planning
Administrator, at (850) 487-4545, or Scott Rogers,Senior Planner. at (850) 922.1758.
Sincerely YOIII'S,
~~
Charles GllUthier, AICP
Director. Division of Community Planning
CG/sr
Attachment: Collier Ictter ufNovember 24. 2009
cc: The HOIIorable Donna Fiala, Chairman. Collier Counly Board ofCounly Commission,,",
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