Agenda 05/26/2009 Item #17J
Agenda Item No. 17 J
May 26, 2009
Page 1 of 11
EXECUTIVE SUMMARY
Recommendation that the Board of County Commissioners adopts an Ordinance relocating
the Environmental Advisory Council Ordinance from the Collier County Land
Development Code to the Collier County Code of Laws and Ordinances while concurrently
repealing Section 8.06.00 of the Collier County Land Development Code.
OBJECTIVE: That the Board of County Commissioners (Board) adopts the attached
Ordinance which relocates the Environmental Advisory Council Ordinance from the Collier
County Land Development Code to the Collier County Code of Laws and Ordinances while
concurrently repealing Section 8.06.00 of the Collier County Land Development Code. As
discussed below, this is a ministerial act. There are no revisions to the Environmental Advisory
Council Ordinance other than minor housekeeping revisions to adapt to its new location in the
Collier County Code of Laws and Ordinances.
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CONSIDERA TIONS: Chapter 8 of the Collier County Land Development Code sets forth the
establishment, powers and duties of the Planning Commission, the Board of Zoning Appeals, the
Building Board of Adjustments and Appeals, the Environmental Advisory Council, and the
Historic/ Archaeologic Preservation Board. Article VIII (Boards, Commissions, Committees and
Authorities) of Chapter 2 (Administration) of the Collier County Code of Laws and Ordinances
also contains the establishment, powers and duties of a number of decision-making and
administrative bodies, including the Health Facilities Authority, the Housing Finance Authority,
the Coastal Advisory Committee, the County Government Productivity Committee, the Hispanic
Affairs Advisory Board, the Black Affairs Advisory Board, the Affordable Housing Advisory
Committee, the Tourist Development Council, the Development Services Advisory Committee,
and the Animal Services Advisory Board, as well as several others, and also contains the overall
standards for the creation and review of County Boards Ordinance,
The Board determined that it would be advantageous to relocate the LDC Boards into the
administrative section of the Code of Laws and Ordinances in that (1) there are a limited number
of annual amendment cycles for the LOC, whereas amending general ordinances has no such
constraint; and (2) having the ordinances conceming all of the County's decision-making and
administrative bodies located within the same administrative section of the Collier County Code
of Laws and Ordinances aids the public in locating these advisory board rules. Creating
separate, stand alone ordinances for each of these boards (rather than a single, consolidated
advisory board ordinance) will make it easier to amend these rules and regulations as the need
arises. At its May 12, 2009 meeting, the Board authorized stafT to proceed with advertising the
attached Ordinance and waived the requirement, if any, of a special LDC cycle.
FISCAL IMPACT: None.
GROWTH MANAGEMENT IMPACT: None.
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LEGAL CONSIDERATIONS: The proposed Ordinance was drafted by the County Attorney,
duly advertised and legally sufficient for Board action, This is a regular Board item requiring
supermajority vote. 1AK
item No. 17 J
r\Aay ":6, 2CJU9
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RECOMMENDA TION: That the Board of County Commissioners adopts the attached
Ordinance which relocates the Environmental Advisory Council Ordinance from the Collier
County Land Development Code to the Collier County Code of Laws and Ordinances while
concurrently repealing Section 8.06.00 of the Collier County Land Development Code,
PREPARED BY:
Jeffrey A. Klatzkow, County Attorney
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Agenda Item No. 17 J
May 26, 2009
Page 3 of 11
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
Item Summary:
17J
Meeting Date:
Recommendation that the Board of County Commissioners adopts an Ordinance relocating
the Environmental Advisory Council Ordinance from the Collier County land Development
Code to the Collier County Code of laws and Ordinances while concurrently repealing
Section 8.06.00 of the Collier County land Development Code.
5/26120099.0000 AM
Prepared B)'
Jeff Klatzkow
County Attorney
County Attorney Office
Date
County Attorney
5/14/20099:43:05 AM
Approved By
Jeff Kiatzkow
County Attorney
County Attorney
County Attorney Office
Date
5/14/20092:50 PM
Approved By
OMS Coordinator
OMB Coordinator
Date
County Manager's Office
Office of Management & Budget
5/15/20099:42 AM
Approved By
Randy Greenwald
County Manager's Office
ManagemenUBudget Analyst
Office of Management & Budget
Date
5/1512009 3:04 PM
Approved By
Leo E. Ochs, Jr.
Board of County
Commissioners
Deputy County Manager
Date
County Manager's Office
5/161200910:38 AM
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Agenda Item t'Jo. 17 J
r\.~ay 26, 2009
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ORDINANCE NO. 2009-
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, RELOCATING THE ENVIRONMENTAL
ADVISORY COUNCIL ORDINANCE FROM THE LAND DEVELOPMENT
CODE INTO THE COLLIER COUNTY CODE OF LA WS AND
ORDINANCES BY READOPTING SAID CODE IN ITS ENTIRETY AS A
STAND-ALONE ORDINANCE WHILE CONCURRENTLY REPEALING
SECTION 8.06.00 OF THE COLLIER COUNTY LAND DEVELOPMENT
CODE: PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING
FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Chapter 8 of the Collier County Land Development Code sets forth the
establishment, powers and duties of a number of decision-making and administrative bodies,
including the Planning Commission, the Board of Zoning Appeals, the Building Board of
Adjustments and Appeals, the Environmental Advisory Council, and the Historic! Archaeologic
Preservation Board; and
WHEREAS, Article VIII (Boards, Commissions, Committees and Authorities) of
Chapter 2 (Administration) of the Collier County Code of Laws and Ordinances also contains the
establishment, powers and duties of a number of decision-making and administrative bodies,
including the Health Facilities Authority, the Housing Finance Authority, the Coastal Advisory
Committee, the County Government Productivity Committee, the Hispanic Affairs Advisory
Board, the Black Affairs Advisory Board, the Affordable Housing Advisory Committee, the
Tourist Development Council, the Development Services Advisory Committee, the Animal
Services Advisory Board, as well as others, and also contains Standards for the Creation and
Review of County Boards; and
WHEREAS, there are a limited number of annual amendment cycles for the Land
Development Code, whereas amending general ordinances has no such constraint; and
WHEREAS, the Board finds that it is in the public interest to relocate this portion of the
Land Development Code into the Collier County Code of Laws and Ordinances and to create
separate ordinances for each of these Boards, thereby making it easier to amend these rules and
regulations as the need arises, as well as to have the ordinances concerning all of the County's
decision-making and administrative bodies located within the same administrative section of the
Collier County Code of Laws and Ordinances.
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Agenda Item No. 17 J
May 26, 2009
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NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
SECTION ONE:
Collier County hereby readopts Section 8.06.00 (Environmental Advisory Council) of the
Collier County Land Development Code in its entirety, as a separate, stand-alone ordinance, as
follows:
(1) Establishment
There is hereby established an Environmental Advisory Council (nEAcn). 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.
(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, 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 the LDC.
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t,genda Item No. 17 J
May 26, 2009
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(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 md environmenL quality in the County;
B. Advise the BCC in establishing goals and objectives for the County's enviroILTTIental
conser ation and management programs;
C. Advise thf Bec in developing and revIsmg, as appropriate, local rules, ordinances,
reg' ,ations, prOf .ms, and other initiatives addressing the use, conservation, and preservation of
:he :ounty's natural resources;
D. Advise the BCC in the implementation and development of the GMP regarding
en' . onmental and natural resource issues;
F Advise the BCC in identifying and recommending solutions to existing and future
. j"cironmental i:sues;
t. Serve :.::.s the technical advisory committee to advise and assist the County in the activities
involved in the development and implementation of the County environmental resources
manager-lent program as stated in the Collier County GMP;
G. Illplement the water policy pursuant to this the LDC;
H. F >vide an opportunity for public comment on environmental Issues, ordinances, and
progr:m: .
1. Ir.lplement the provisions of the Conservation and Coastal Management Element of the
Colli ;" 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
yarc' ,
K. Assist in the implementation of any new programs, ordinances, and/or policies adopted
b' ae BeC which deal with the conservation, management, and protection of air, land, water,
2 i natural resources and environmental quality in the County;
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;
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Agenda Item ~~o. 17 J
May 26, 2009
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M. Function as an environmental impact statement (ElS) review board pursuant to Chapter
10 oithe LDC; 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 requires 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 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 of
the LDC.
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Agenda Item f'Jo. 17 J
[\flay 26, 2009
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(4) Membership
A. Appointment. Nine regular members and 2 alternate members of the EAC shall be
appointed by, and serve at the pleasure of, the BCe. Alternate members will be requested to
attend meetings when regular members have notified 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 any
one 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 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, storm water
management, water resources, wildlife management, or other representative area deemed
appropriate by the BCe.
D. Removal. Any member of the EAC may be removed from office by a majority vote of
the BCe.
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-chairma'1 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
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Agenda Item No. 17 J
May 26, 2009
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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 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.
(5) Quorum and Voting
A simple majority of the appointed members ofl1}e 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.
(6) 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 ofthe EAC:
1. Growth management. The EAC may establish other subcommittees comprised
solely of its membership to facilitate its functions. Meetings of t~e
subcommittees shall conform to the same public notice requirements as that of the
EAC.
(7) 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) 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 Manager or designee, in the Bee'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,
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Agenda Item No. 17 J
May 26, 2009
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(9) 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.
(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 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 Ma..'1ager or his
designee in light of the recommendations of the EAC.
SECTION TWO: Repeal of Ordinance.
Concurrent with the effective date of this ordinance, Section 8.06.00 (Environmental
Advisory Council) of the Collier County Land Development Code is hereby repealed in its
entirety.
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 lLt1constitutional 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.
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Agenda Item No. 17 J
May 26, 2009
Page 11 of 11
SECTION FOUR: Inclusion in the Code of Laws and Ordinances.
The provisions of this Ordinance shall become and be made a part of Article VIII (Boards,
Commissions, Committees and Authorities) of Chapter 2 (Administration) of the Code of Laws
and Ordinances of Collier County, Florida. The sections of this ordinance may be renumbered or
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 receipt of notice from the Secretary of State
that this Ordinance has been filed with the Secretary of State,
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida, this ZI..\\....day of ~ ,2009.
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ATTEST:
DWIGHT E. BROCK, CLERK
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
, Deputy Clerk
By:
DONNA FIALA, CHAIRM..c\..N
App oved as to form
and iency:
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