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Agenda 03/24/2009 Item #10C Agenda Item No. 10C March 24, 2009 Page 1 of 14 EXECUTIVE SUMMARY Recommendation that the Board of County Commissioners eonsider the following information regarding the Board's discussion of the Environmental Advisory Council (EAC) OBJECTIVE: To have the Board of County Commissioners (BCC) consider the following information regarding their review and discussion of the EAC and its activities, CONSIDERATION, At the February 24,2009 BCC meeting, under Agenda Item 15, Staff and Commission General Communications, Commissioner Coletta discussed the issue of redundancy in the development review process and raised the possibility of suspending the Environmental Advisory Council (EAC) and moving their duties to the Collier County Planning Commission (CCPC). After a brief discussion the BCC directed that the topic be scheduled for discussion on a future agenda. The EAC functions as an advisory board regarding the environmental review of a variety of land use petitions and reviews and the formulation of proposed environmental regulations and Growth Management Plan policies. The Land Development Code (LDC) Section 8.06 provides the enabling authority for the EAC and is provided in Attachment A, On March 4, 2009, the Development Services Advisory Committee (DSAC) voted unanimously (13:0) to recommend that the BCC "consider combining the EAC with the Collier County Planning Commission by adding two environmental positions to the CCPC. The Motion does not diminish the roles or responsibilities of either body, From an efficiency and cost-effectiveness perspective, the roles could be combined into a single body, The Developmental Services Advisory Committee also recommends the Board consider redefining the role and responsibility of the singular Commission body," FISCAL IMPACT: Staff estimates an average meeting costs $3,500 when considering staff time for preparing reports, coordinating activities, and attending meetings, and costs of minute taking, At 12 to 15 meetings per year, the annual cost of the EAC is estimated at $42,000 - $52,500. Additionally, savings will also be experienced by the applicant by the elimination of this meeting requirement and in the time saved by eliminating this step in the development approval process. J j GROWTH MANAGEMENT IMPACT: Conservation and Coastal Management (CCME) Policy 1.1.1 states that "Collier County has established and maintains an Environmental Advisory Council (EAC), which advises and assists the appropriate County agencies, the Collier County Planning Commission (CCPC) and the Board of County Commissioners (BCC) in implementing the County's environmental resources management programs." CCME Policy 3.3.2 states that "Collier County shall use its three-dimensional computer model to calculate the actual "cones of depression" around the County's existing potable water wellfields. After at least 15 days publication of the -- Agenda Item NO.1 OC March 24. 2009 Page 2 of 14 maps of the proposed "zones of protection" for each such wellfield before each hearing by the EAC, Planning Commission and the Board of County Commissioners, the County shall then amend the appropriate elements of this Growth Management Plan to show such "cones of depression" as "zones of protection" within the Countywide Future Land Use Map Series." References to the EAC are also contained in the Future Land Use Element (FLUE) Overview where it is simply noted that the EAC was a contributor to the preparation of the Element and FLUE Policy 4.10 where the EAC is listed as an advisory board that is required to provide input to the Rural Agricultural Area Assessment. There are numerous references to the EAC in the Land Development Code that are summarized in Attachment B. LEGAL CONSIDERATIONS: The county attorney's office will work with staff to implement the Board's direction on this item. If the BCC elects to proceed to terminate the EAC, it will take some time to implement this direction as the EAC is expressly referenced in the GMP and the LDC. Both GMP and LDC amendments will be required. This item is not quasi-judicial and as such, ex parte disclosures are not required. A majority vote is necessary for Board action.uHF AC RECOMMENDATION: That the BCC consider this information when discussing the EAC and its activities. PREPARED BY: William D. Lorenz Jr., P.E., Director, Engineering and Environmental Services Department , 1 j j I I j j I . I Item Number: Item Summary: Meeting Date: Page I of I Agenda Item No. 10C March 24, 2009 Page 3 of 14 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 10C Recommendation that the Board of County Commissioners consider the following information regarding the Boards discussion of the Environmental Advisory Council (EAC)(William D. Lorenz Jr., P.E., Director, Engineering & Environmental Services Department, COES) 3/24/2009 900:00 AM Prepared By William D. Lorenz, Jr., P.E. Community Development & Environmental Services Environmental Services Director Date Environmental Services 3/11/20098:25:17 AM Approved By Judy Puig Community Development & Environmental Services Operations Analyst Community Development & Environmental Services Admin. Date 3/11120099:32 AM A pproved By Heidi F. Ashton County Attorney Assistant County Attorney Date County Attorney Office 3/11120099:33 AM Approved By Joseph K. Schmitt Community Development & Environmental Services Community Development & Environmental Services Adminstrator Date Community Development & Environmental Services Admin. 3/11/20094:55 PM Approved By Jeff Klatzkow County Attorney Assistant County Attorney Date County Attorney Office 3/12/2009 3:50 PM A pproved By OMS Coordinator County Manager's Office OMS Coordinator Date Office of Management & Budget 3/13/2009 9:00 AM Approved By Mark Isackson County Manager's Office Budget Analyst Date Office of Management & Budget 3/13/200910:45 AM Approved By James V. Mudd Board of County Commissioners County Manager Date County Manager's Office 3/13/20094:54 PM j 1 I j j j I j 1 j i 1 , Agenda Item No. 10C March 24. 2009 Page 4 of 14 ATTACHMENT A LDC 8.06.00 ENVIRONMENTAL ADVISORY COUNCIL 8.06.0 I Establishment There is hereby established an Environmental Advisory Council ("EAC"). The EAC obtains its jurisdiction, powers, and limits of authority from the BCC, and pursuant to this LDC, 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. (Ord. No. 05-27, 93.NN) 8.06.02 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, including, but not limited to, rezones, developments of regional impact, provisional uses, subdivision master plans, and planned unit development amendments that are directed to the EAC by County staff, the BCC, or the provisions of this LDC. 8.06.03 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; I I I 1 , , j " l I 1 1 j 1 1 j Agenda Item NO.1 OC March 24, 2009 Page 5 of 14 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; G. Implement the water policy pursuant to this 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; J. Participate in the review and recommendation process for excavations over 500,000 cubic yards; 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; 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; M. Function as an environmental impact statement (EIS) review board pursuant to Chapter 10; and N. All preliminary subdivision plat and/or site development plan submissions for development or site alteration on a shoreline and/or undeveloped coastal barrier 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. O. Scope of land development project reviews. The EAC shall review all land development petitions which require the following: an environmental impact statement (EIS) per section 10.02.02 of the LDC; all developments of regional impact (DRI); lands with special treatment (ST) or area of critical state concern/special treatment (ACSC/ST) zoning overlays; or 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. The EAC shall also review any petition which rcquires approval of the Collier County Planning Commission (CCPC) or the board of county commissioners (BCC) where staff receives a request from the chairman of the EAC, CCPC or the BCC for that petition to be reviewed by the EAC. 1. Any petitioner may request a waiver to the EAC hearing requirement, when the following considerations are met: 1) no protected species or wetland impacts are identified on the site; 2) an EIS waiver has been administratively granted; 3) ST zoning is present and an administrative approval has been granted; or 4) an EIS was previously completed and reviewed by staff and heard by a predecessor environmental board, and i i I j 1 I I I I Agenda Item No. 10C March 24, 2009 Page 6 of 14 that EIS is less than 5 years old (or if older than 5 years, has been updated within 6 months of submittal) and the master plan for the site does not show greater impacts to the previously designated preservation areas. 2. 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 except to evaluate the criteria for allowing treated stormwater to be discharged in Preserves as allowed in section 3.05.07. (Ord. No. 04-72, 9 3.W; Ord. No. 05-27, 9 3.00; Ord. No. 06-63, 93.KK) 8.06.04 Membership A. Appointment. Nine regular members and 2 alternate members of the EAC shall be appointed by, and serve at the pleasure of, the BCC. Alternate members will be requested to attend meetings when regular members have notifiea staff that they will be absent. Alternate members will participate in discussions and vote when replacing a regular member. Appointment 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 shall be for a term of 4 years. Terms shall be staggered so that no more than a minority of such members' appointments will expire in anyone year. 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 County libraries and County courthouse. C. Qualifications. Members shall be permanent residents and electors of the County and should be reputable and active in community service. The primary consideration in appointing EAC members shall be to provide the BCC with technical expertise and other viewpoints that are necessary to effectively accomplish the EAC's purpose. In appointing members, the BCC should consider a membership guideline of 6 technical regular members and 3 non-technical regular members, and 2 technical alternate members. Technical members shall demonstrate evidence of expertise in I or more of the following areas related to environmental protection and natural resources management: air quality, biology (including any of the sub disciplines 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, storm water management, water resources, wildlife management, or other representative area deemed appropriate by the BCC. D. Removal. Any member of the EAC may be removed from office by a majority vote of the BCC. E. Officers. The officers of the EAC shall be a chairman and a vice-chairman. Officers' terms shall be for I year, with eligibility for reelection. The chairman and vice-chairman shall be elected by a majority vote at the organizational meeting and thereafter at the first regular meeting of the EAC in October of each year. The chairman shall preside at all meetings of the EAC. The vice-chairman shall perform the duties 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 duties as are imposed on the chairman until such time as the EAC shall elect a new chairman. Should the offices of chairman Agenda Item NO.1 OC March 24, 2009 Page 7 of 14 I I and or vice-chairman become vacant, the EAC shall elect a successor from its membership at the next regular meeting. Such election shall be for the unexpired term of said office. (Ord. No. 06-63, 9 3.LL) 8.06.05 Quorum and Voting A simple majority of the appointed members of the EAC shall constitute a quorum for the purpose of conducting business. An affirmative vote of 5 or more members shall be necessary in order to take official action, regardless of whether 5 or more members of the EAC are present at a meeting. 8.06.06 Rules of Procedure A. The EAC shall, by majority vote of the entire membership, adopt rules of procedure for the transaction of business and shall keep a record of meetings, resolutions, findings, and determinations. B. The following standing subcommittees comprised solely of the EAC's membership shall exist to advance the duties and responsibilities of the EAC: I. Growth management. The EAC may establish other subcommittees comprised solely of its membership to facilitate its functions. Meetings of the subcommittees shall conform to the same public notice requirements as that of the EAC. 8.06.07 Compensation Members of the EAC shall serve without compensation, but shall be entitled to receive reimbursement for expenses reasonably incurred in the performance of their duties upon prior approval of the BCC. 8.06.08 Meetings Regular meetings of the EAC shall be held on the first Wednesday of each month at 9:00 a.m. or otherwise as determined by the County Manger or designee, in the BCC's meeting room, third floor, building "F," Collier County Government Complex, Naples, Florida. Special meetings of the EAC may be called by the chairman or by a majority of the membership. 8.06.09 Evaluation of the EAC The EAC shall be reviewed for major accomplishments and whether it is serving the purpose for which it was created once every 4 years commencing with 2003 in accordance with the procedures contained in Collier County Ordinance No. 86-41, as amended. 8.06.10 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 latcr than 10 days after said decision, with the EAC. The EAC will notify Agenda Item NO.1 OC March 24, 2009 Page 8 of 14 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 2 I 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 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. Agenda Item No. 10C March 24, 2009 Page 9 of 14 A TT ACHMENT B OTHER EAC CITATIONS IN THE LDC EXCLUDING SECTION 8.06.00 1.08.01 Abbreviations TABLE INSET: 1 A Agricultural Zoning District ACOE Army Corps of Engineers ACP Agricultural Cleaning Permit ADA Americans with Disabilities Act ACSC Big Cypress Area of Critical State Concern ADT Average Daily Trips (transportation) AHDB Affordable Housing Density Bonus ALF Assisted Living Facility APFC Adequate Public Facilities Certificate (APFC) ASI Area of Significant Influence ASTM American Society for Testing and Materials ATF After the Fact AUIR Annual Update and inventory Report BD Boat Dock Petition BOA Collier County Building Board of Adjustments and Appeals BCC Collier County Board of County Commissioners BFE Base Flood Elevation BMUD Bayshore Mixed Used District BP Business Park Zoning District BZA Collier County Board of Zoning Appeals CAO County Attorney's Office C-1 Commercial Districts C-2 Commercial Convenience District C-3 Commercial Intermediate District C-4 General Commercial District I ~ 1 1 1 Agenda Item No. 10C March 24, 2009 Page 10 of 14 C-5 Heavy Commercial District CCME Conservation and Coastal Management Element of the Growth Management Plan CMS Concurrency Management System CCPC Collier County Planning Commission CCSL(P) Coastal Construction Setback Line (Permit) COD Community Development District CEB Code Enforcement Board CDES Community Development & Environmental Services CF Community Facility CFR Code of Federal Register CIE Capital Improvement Element CIP Capital Improvement Program CMO Corridor Management Overlay C.O. Certificate of Occupancy COA Certificate of Public Facilities Adequacy CON Conservation Zoning District CRD Compact Rural Development CSP Conceptual Site Plan CU Conditional Use DBH Diameter at Breast Height DCA Department of Community Affairs DEP Department of Environmental PrDtection DO Development Order DRI Development of Regional Impact DSAC Development Services Advisory Committee DSWT Dry Season Water Table E Estates Zoning District 6fjC. ': t1:f.JJ,~..lIk1b.......4l."'.~,II."CQUndI Agenda Item NO.1 OC March 24, 2009 Page 11 of 14 EAR Evaluation and Appraisal Report EIS Environmental Impact Statement EPA Environmental Protection Agency . . . . . . . . . . . . 3.05.02 Exemptions from Requirements for Vegetation Protection and Preservation E. Exempt mangrove alteration projects. Mangrove alteration projects that are exempted from Florida Department of Environmental Protection permit requirements by Florida Administrative Code 17-321.060 are exempt from preservation standards for the mangrove trees, unless they are a part of a preserve. This exemption shall not apply to mangrove alterations or removal in any preserve or in any area where the mangroves have been retained in satisfaction of section 3.05.07. The OllIllif'"O:Ii4l1fEw'il.!iI'l_lW ~;Jl#r(.II.~ may grant a variance to the provisions of this section if compliance with the mangrove tree preservation standards of this Division would impose a unique and unnecessary hardship on the owner or any other person in control of affected property. Mangrove trimming or removal for a view shall not be considered a hardship. Relief shall be granted only upon demonstration by the landowner or affected party that such hardship is peculiar to the affected property and not self-imposed, and that the grant of a variance will be consistent with the intent of this division and the growth management plan. . . . . . . . . . . . . 4.02.14 Design Standards for Development in the ST and ACSC-ST Districts F. Procedures for site alteration plan or site development plan approval for development in ST or ACSC-ST designated land. 1. Preapplication conference. Prior to filing a petition for site alteration or site development approval of ST or ACSC-ST land, the petitioner shall request and hold a preapplication conference with the planning services director and appropriate county staff. The preapplication conference is for the purpose of guidance and information, and for ensuring insofar as is possible, that the petition is in conformity with these regulations. No petition for the site alteration or site development approval will be accepted for formal processing until the planning services director has reviewed the petition to determine that all required data is included: a minimum of 30 days shall be allowed for this phase of the review process. County staff shall visit the site, where appropriate. 2. Reviewand recommendation by planning seNices director, planning commission and ~. ,,)~ijlu'''1I'Fil'I_J',('''''''' The site alteration plan or site development plan shall be submitted to the planning services director who shall have it reviewed by the appropriate county staff. The planning services director shall then Agenda Item No. 10C March 24, 2009 Page 12 of 14 forward the site alteration plan or site development plan and the county staff recommendations to the planning commission and the 1l'M~-_rlI"'Y: cot\l'IClI .. for review and recommendation. Neither the planning commission nor the ~a review s.hall require a public hearing no~ notice to .the abutting property owners, .but shall be held In a regular meeting. The planmng commission and Me recommendations and county staff recommendations shall be forwarded to the BCC for final action. . . . . . . . . . . . . 4.08.07 SRA Designation F. SRA Application Approval Process. 1. Public Hearings Required. The BCC shall review the staff report and recommendations and the recommendations of the _ and CCPC, and the BCC shall, by resolution, approve, deny, or approve with conditions the SRA Application only after advertised public notices have been provided and public hearings held in accordance with the following provisions: a. Public Hearing Before the &iII!kC. Recommendation to the BCC. The _ shall hold one (1) public hearing on a proposed resolution to designate an SRA if such SRA is within the ACSC, or is adjoining land designated as Conservation, FSA, or HSA. . . . . . . . . . . . . 10.02.02 Submittal Requirements for All Applications A. Environmental impact statements . . . . . . . 9. Appeals. a. Any person aggrieved by the decision of the County Manager or his designee regarding EIS procedures or submittals (I.e. - this section of the Code) may file a written request for appeal, not later than ten days after said decision, with the _ or their successor organization. b. The" 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. c. The appeal will be heard by the'" within 60 days of the submission of the appeal. d. Ten days prior to the hearing the aggrieved person shall submit to the .. and to the County Manager or his designee copies of the data and information he intends to use in his appeal. e. Upon conclusion of the hearing the IJAC will submit to the BCC their facts. findings and recommendations. f. The BCC, in regular session, will make the final decision to affirm, overruie or modify the decision of the County Manager or his designee in light of the recommendations of the QC. * * * * * '" * Agenda Item No. 10C March 24, 2009 Page 13 of 14 O. Review by . . .. ... ... .... . ..' The procedures for reviewing PSP andlor SOP submissions for development or site alteration on a shoreline andlor undeveloped coastal barrier are outlined in section 8.06.03 N. of this Code. . . . . . . . . . . . . 10.03.05 Notice Requirements for Public Heari~efore the BCe, the Planning Commission, the Board of Zoning Appeals, the _, and the Historic Preservation Board (as amended by Ord. No. D7-67) . . . . . . . . . . . . 10.04.03 Applications Subject to Type II Review (as amended by Ord. No. D7-67: see references within flowchart illustrations) The following applications are subject to Type II review: conditional use Permits; Rezoning; LOC Text Amendments; GMP Amendments; and small- scale development Amendments. For a graphic depiction of the review procedure, please see Illustration 10.04.03 A TYPE II (1lINA&..I"lATI: CONDITION~ uae ~lJUIrrs: ImZONING: UDC Tl!XT AMDfJ:lM...,..; OM" AMINDME......, SMALI.ICAI.E DEVELOf"IIENT AMENDMENTS) RECEIPT & OOMPILATlON OF COMMENTS & RECOMMEN~TIONS APPlICANT MAY SUBMIT REVISED ^~ICATION (L.imitea to 3 Resub!Tliltats) PREPARATION Of WRITTEN STAFF REPORT AND RECOMMENDATIONS 1-l~R1NGS BV PLANNING COMMISSION AND, AS NEEDED, ENVIRONMENTAl AlJ\IISORY COUNCIL APPROVAL (Willen FindirltlSand WiltenOrder) APPROVAL WIn! CONDITIONS ('IihltenFirdngll.and VII'lnenon:se,..) 1 l TYPE II (CONDI1'IONAL USE PERMITS: REZOIffHG; UDC TEXT AIlIENDMENQ; OMP AMl!NDMENTS; SMALL SCAlI! D€VELOPIIEHT AMENDMENTS) . . . . . . . . . . . . . . Agenda Item NO.1 OC March 24, 2009 Page 14 of 14 . . . . . . . . .