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Ordinance 2014-17 ORDINANCE NO. 14- 1 7 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AMENDING ORDINANCE NO. 89-05, AS AMENDED, THE COLLIER COUNTY GROWTH MANAGEMENT PLAN FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, SPECIFICALLY AMENDING THE POTABLE WATER SUBELEMENT OF THE PUBLIC FACILITIES ELEMENT TO AMEND POLICY 1.7 TO REFERENCE THE UPDATED TEN YEAR WATER SUPPLY FACILITIES WORK PLAN, RECOMMENDING TRANSMITTAL OF THE ADOPTION AMENDMENT TO THE FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY, AND FURTHERMORE PROVIDING FOR SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE. [PL20130001132/CPSP-2013-7] WHEREAS, Collier County, pursuant to Section 163.3161, et. seq., Florida Statutes, the Community Planning Act, formerly the Florida Local Government Comprehensive Planning and Land Development Regulation Act, was required to prepare and adopt a comprehensive plan; and WHEREAS, the Collier County Board of County Commissioners adopted the Collier County Growth Management Plan on January 10, 1989; and WHEREAS, the Community Planning Act of 2011 provides authority for local governments to amend their respective comprehensive plans and outlines certain procedures to amend adopted comprehensive plans; and WHEREAS, Collier County has prepared plan amendments to the Potable Water Subelement of the Public Facilities Element; and WHEREAS, Collier County transmitted the Growth Management Plan amendments to the Department of Economic Opportunity for preliminary review on December 17, 2013 after public hearings before the Collier County Planning Commission and the Board of County Commissioners; and WHEREAS, the Department of Economic Opportunity reviewed the amendments to the Growth Management Plan and transmitted its comments in writing to Collier County within the time provided by law; and WHEREAS, Collier County has 180 days from receipt of the Comments Report from the Department of Economic Opportunity to adopt, adopt with changes or not adopt the proposed amendments to the Growth Management Plan; and WHEREAS, Collier County has gathered and considered additional information, data and analysis supporting adoption of these amendments, including the following: the Collier County Staff Report, the documents entitled Collier County Growth Management Plan Amendments, Words underlined are added;words struck-through are deleted; Page 1 of 3 row of asterisks(***)denotes break in text 0 and other documents, testimony and information presented and made a part of the record at the public hearings of the Collier County Planning Commission held on March 6, 2014, and the Collier County Board of County Commissioners held on April 22, 2014; and WHEREAS, all applicable substantive and procedural requirements of law have been met. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: ADOPTION OF AMENDMENTS TO THE GROWTH MANAGEMENT PLAN. The Board of County Commissioners hereby adopts these amendments to the Potable Water Subelement of the Public Facilities Element in accordance with Section 163.3184, Florida Statutes. The amendment is attached hereto as Exhibit "A" and incorporated herein by reference. SECTION TWO: SEVERABILITY. If any phrase or portion of this 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: EFFECTIVE DATE. The effective date of this plan amendment, if the amendment is not timely challenged, shall be 31 days after the state land planning agency notifies the local government that the plan amendment package is complete. If timely challenged, this amendment shall become effective on the date the state land planning agency or the Administration Commission enters a final order determining this adopted amendment to be in compliance. No development orders, development permits, or land uses dependent on this amendment may be issued or commence before it has become effective. If a final order of noncompliance is issued by the Administration Commission, this amendment may nevertheless be made effective by adoption of a resolution affirming its effective status, a copy of which resolution shall be sent to the state land planning agency. PASSED AND DULY ADO TED by the Board of County Commissioners of Collier County, Florida this " day of r r 1 2014. A`I W 0 '.,. BOARD OF COUNTY COMMISSIONERS D, GHT.B. ROCK, CLERK COLLIER COUNTY, F ORIDA �� , % , / f 1,":,- k I J . s'. BY' %v . �.�ekuty'Cler 1 TOM HE ING, 'airman Abdo'#o cha!tman'I II signatureonly. ' Words underlined are added; words struck-through are deleted; Page 2 of 3 row of asterisks (***) denotes break in text 0 Approved as to form and legality: bJ C�� �� ��V`� Heidi Ashton-Cicko 3� Managing Assistant County Attorney Attachment: Exhibit A—Text Amendment CP\13-CMP-00900\18-1/29/14 This ordinance filed with the S cretory of State's Office tl''f clay of , 2-01`t and ocknowle ement of that filing received this 2 day of*;1...=. . 201 . By Words underlined are added; words struck-through are deleted; Page 3 of 3 row of asterisks(***)denotes break in text G�` Exhibit A P L201 30001 1 32/C PS P-2013-7 Potable Water Sub-Element: [page 3] OBJECTIVE 1: Locate and develop potable water supply sources to meet the future needs of the County owned and operated systems, said supply sources meeting the minimum Level of Service Standards established by this Plan. The development and utilization of new potable water supply sources and the acquisition of land necessary for such development shall be based upon the information, guidelines and procedures identified within the County's Ten-Year Water Supply Facilities Work Plan (as updated and the Lower West Coast Water Supply Plan prepared by the South Florida Water Management District. Policy 1.7: The County has developed the Ten-Year Water Supply Facilities Work Plan, dated August 2008 October 2013, in accordance with the water supply guidelines of the most current version of the South Florida Water Management District's Lower West Coast Water Supply Plan. The County's Ten-Year Water Supply Facilities Work Plan is hereby incorporated by reference. Words ctruckthrough are deleted language; words underlined are proposed language ham) FLORIDA DEPARTMENT Of STATE, RICK SCOTT KEN DETZNER Governor Secretary of State April 28, 2014 Honorable Dwight E. Brock Clerk of the Circuit Court Collier County Post Office Box 413044 Naples,Florida 34101-3044 Attention: Martha Vergara, Deputy Clerk Dear Mr. Brock: Pursuant to the provisions of Section 125.66, Florida Statutes,this will acknowledge receipt of your electronic copy of Collier County Ordinance No. 14-17, which was filed in this office on April 28, 2014. Sincerely, Liz Cloud Program Administrator LC/mrh Enclosure R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250 Telephone: (850) 245-6270 • Facsimile: (850) 488-9879 www.dos.state.fl.us