Ordinance 2015-07 ORDINANCE NO. 15- 07
AN ORDINANCE AMENDING ORDINANCE 89-05, AS AMENDED,
THE COLLIER COUNTY GROWTH MANAGEMENT PLAN OF
THE UNINCORPORATED AREA OF COLLIER COUNTY
FLORIDA, ADOPTING 2011 EVALUATION AND APPRAISAL
REPORT (EAR) BASED AMENDMENTS TO THE COLLIER
COUNTY GROWTH MANAGEMENT PLAN TO FIX GLITCHES
RELATED TO CHANGES IN THE 2011 EAR-BASED
AMENDMENTS AND TO REVISE FORMAT, STRUCTURE AND
LANGUAGE FOR INTERNAL CONSISTENCY, SPECIFICALLY
AMENDING THE CONSERVATION AND COASTAL
MANAGEMENT ELEMENT; RECOMMENDING TRANSMITTAL
OF THE ADOPTED AMENDMENTS TO THE FLORIDA
DEPARTMENT OF ECONOMIC OPPORTUNITY; PROVIDING
FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE
DATE. [PL20130001109/CPSP-2013-6]
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, staff has prepared amendments to address glitches related to 2011 EAR-
based amendments; and
WHEREAS, Collier County transmitted the Growth Management Plan amendments to
the Department of Economic Opportunity for preliminary review on July 18, 2014, 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
[14-CMP-00913/1125263/1]78 Page 1
PL20130001109/CPSP-2013-6
Rev. 12/15/14 G4`
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 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 December 4, 2014, and the Collier
County Board of County Commissioners held on January 27, 2015; and
WHEREAS, all applicable substantive and procedural requirements of the law have been
met.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA that:
SECTION ONE: ADOPTION OF AMENDMENTS TO THE CONSERVATION AND
COASTAL MANAGEMENT ELEMENT OF THE GROWTH
MANAGEMENT PLAN
The amendment to the Conservation and Coastal Management Element of the Growth
Management Plan, attached hereto as Exhibit "A" and incorporated herein by reference, is
hereby adopted in accordance with Section 163.3184, Florida Statutes, and shall be transmitted
to the Florida Department of Economic Opportunity.
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 commenced 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.
[14-CMP-00913/1125263/1]78 Page 2
PL20130001109/CPSP-2013-6
Rev. 12/15/14
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida this aT}~ day of .Scar\�c.kr- 2015.
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA
®,Q
bt' : " �� '04. BY:
test I
rk ` TIM NANCE' Chairman
as t i
signature only,
App i ved as ti form and legality:
Scot A7 Stone
Assistant County Attorney
Attachment: Exhibit A—Conservation and Coastal Management Element
This ordinance filed with the
Aghtetary of re's ��ffic ' o4s
day of. t
and acknowiedgeme. • that
- -I -. tr' • day
of CAA tiA •
By t.�_ ira • C
jai a
[14-CMP-00913/1125263/1]78 Page 3
PL20130001109/CPSP-2013-6
Rev. 12/15/14
Staff Proposed GMP Amendments CCPC Adoption Draft 10/15/14
EXHIBIT "A"
P L20130001109/C PS P-2013-6
CONSERVATION AND COASTAL MANAGEMENT ELEMENT (CCME)
I. INTRODUCTION [Revised text,
page 1]
Subsection 163.3177 (-5)(d) (6)(d), Florida Statutes requires all local governments within the
State of Florida to have, as part of their respective Local Government Comprehensive Plans, an
Element, dealing with "the conservation, use, and protection of natural resources in the area,
including air, water, water recharge areas, wetlands, water wells, estuarine marshes, soils,
beaches, shores, flood plains, rivers, bays, lakes, harbors, forests, fisheries and wildlife, marine
habitat, minerals, and other natural and environmental resources, including factors that affect
energy conservation."
- 9 9 -- - - - "e• - - - - --- - --- -e" - This Subsection 163.3177 (6)(d), F.S., which
also requires local Conservation Elements to consider the applicable Water Management
District water supply plans or water management plans. More specifically, the Conservation
Element must "assess their "current, as well as and projected, water needs and sources for at
least a 10-year period."
In addition to the Conservation Element, Subsection 163.3177 (-5)(g) (6)(q), Florida Statutes,
also requires certain designated local governments (including Collier County) to have an
element of the local comprehensive plan dealing with coastal management. This Coastal
Management Element must "set forth the policies that shall guide the local government's
decisions and program implementation with respect to the following objectives:"
*** *** *** *** *** text break *** *** *** *** ***
OBJECTIVE 2.1: [Revised text,
page 6]
Prepare Watershed Management Plans, which contain appropriate mechanisms to protect the
County's estuarine and wetland systems. Until the Watershed Management Plans are
completed, the County shall apply the following as interim standards for development:
a. All new development and re-development projects shall meet 150% of the water quality
volumetric requirements of the =- • - - - - • - "-- - - e- -- n"
Applications Within the South Florida Water Management District (2012) of
Environmental Resource Permit Applicant's Handbook Volume II for use within the
Geographic Limits of the South Florida Water Management District (2014)1 or its
successor, in effect at the time of project approval, and the retention and detention
requirements, and the allowable off-site discharge rates required by Stormwater
Management Sub-Element Policy 6.2 and 6.3, respectively;
*** *** *** *** *** text break *** *** *** *** ***
[14-CMP-00913/1125248/1 j71
Words underlined are added;words struck through are deleted—as Transmitted.
Words double-underlined are added;words double-&tfuek=thfo are deleted—as Recommended for Adoption.
1
Staff Proposed GMP Amendments CCPC Adoption Draft 10/15/14
GOAL 6: [Revised text,
page 16]
TO IDENTIFY, PROTECT, CONSERVE AND APPROPRIATELY USE THE COUNTY'S NATIVE
VEGETATIVE COMMUNITIES AND WILDLIFE HABITAT.
*** *** *** *** *** text break *** *** *** *** ***
Policy 6.1.1: [Revised text,
page 16]
For the County's Urban Designated Area, Estates Designated Area, Conservation Designated
Area, and Agricultural/Rural Mixed Use District, Rural-Industrial District and Rural-Settlement
Area District as designated on the FLUM, native vegetation shall be preserved through the
application of the following minimum preservation and vegetation retention standards and
criteria, unless the development occurs within the Area of Critical State Concern (ACSC) where
the ACSC standards referenced in the Future Land Use Element shall apply. Notwithstanding
the ACSC requirements, this pPolicy shall apply to all non-agricultural development except for
single-family dwelling units situated on individual parcels that are not located within a watershed
management conservation area identified in a Watershed Management Plan developed
pursuant to policies supporting Objective 2.1 of this Element. For properties not previously
within the Coastal High Hazard Area but now within the Coastal High Hazard Area due to
adoption of a revised Coastal High Hazard Area boundary in 284-2 2013, the native vegetation
preservation and retention standards of the Non-Coastal High Hazard Area shall continue to
apply. (Reference the Coastal High Hazard Area Comparison Map in the Future Land Use
Element.)
*** *** *** *** *** text break *** *** *** *** ***
Policy 6.2.3: [Repositioned parenthetical and revised text,
page 27]
Collier County shall implement a comprehensive process to ensure wetlands and the natural
functions of wetlands are protected and conserved... The County shall direct impacts away from
such wetlands.
*** *** *** *** *** text break *** *** *** *** ***
(2) Big Cypress Area of Critical State Concern (ACSC) Overlay
Best available data indicates that 74% of the County's wetlands are within the Big Cypress Area
of Critical State Concern Overlay. The land development regulations contained in the ACSC
Overlay District, as depicted on the Countywide Future Land Use Map, provide standards that
facilitate the goal of directing higher intensity land uses away from wetland systems. The
development standards for the ACSC Overlay (Reference FLUE Land Use Designation Section
V) specify that site alterations shall be limited to 10% of the total site. The majority of the land
contained within the ACSC is also within the Conservation Designation and thus is subject to the
land use limitations of that Land Use Designation.
(3) Natural Resource Protection Areas (NRPAs)
Major wetland systems and regional flow-ways were used as criteria to establish the NRPA
Overlay District as shown on the Future Land Use Map, and as discussed in FLUE Land Use
Designation, Section V.C. These areas include high functioning wetland systems and, although
portions of the NRPA Overlay include lands within the Conservation Designation, represent
[14-C MP-00913/1125248/1]71
Words underlined are added;words struck struck-thmug#are deleted—as Transmitted.
Words double-underlined are added;words double-gthiek=tlifoug#are deleted—as Recommended for Adoption.
2
Staff Proposed GMP Amendments CCPC Adoption Draft 10/15/14
approximately 12% of the County's wetlands, which are not located in Conservation Lands.
Based on the relatively high concentration of wetlands within NRPA designated lands,
incompatible land uses shall be directed away from these areas. Allowable land uses within
NRPAs are also subject to native vegetation retention and preservation standards of 90%.
*** *** *** *** *** text break *** *** *** *** ***
Policy 6.5.2: [Revised text,
page 35]
The following criteria shall apply to development contiguous to natural reservations in order to
reduce negative impacts to the natural reservations:
*** *** *** *** *** text break *** *** *** *** ***
(3) Within the Rural Fringe Mixed Use District, stormwater management systems
discharging directly to the natural reservation shall meet the Outstanding Florida Water
criteria of one-half inch of dry retention or retention pretreatment as specified in Section
4.2.2(b), of the - . - . _ • -•••-- . - _. - - ••
A __ ._ _• . • •- --. • - -. -A . - '/_ __ •• • LI - - , A _ _ eee
Environmental Resource Permit Applicant's Handbook Volume II for use within the
Geo•r- •hic Limits •f the suth Florida W. -r Mana•ement District (2014), or its
successor.
(4) Proposed development shall demonstrate that ground water table drawdowns or
diversions will not adversely impact the natural reservation. Detention and control
elevations shall be set to protect the natural reservation and be consistent with
surrounding land and project control elevations and water tables. In order to meet these
requirements, projects shall be designed in accordance with Sections 1.2.2 ^ c 11 "r.d
5 3.10, 3.11 and 3.12 of the - - - - - i
Environmental
Reso rce P-rmit A••lican 's Han•book Velum- II fir se within the eo•_r- •hi Limits of
the South Florida Water Management District (2014), or its successor.
*** *** *** *** *** text break *** *** *** *** ***
GOAL 8: [Revised text,
page 41]
THE COUNTY SHALL TO MAINTAIN COLLIER COUNTY'S EXISTING AIR QUALITY.
OBJECTIVE 8.1: [Revised text,
page 41]
All activities in the County shall sComply with all applicable federal and State air quality
standards.
*** *** *** *** *** text break *** *** *** *** ***
OBJECTIVE 9.3: [Revised text,
page 42]
[1 4-C M P-00913/1125248/1 j71
Words underlined are added;words struck through are deleted—as Transmitted.
Words double-underlined are added;words double4tRiekAfetwil4 are deleted—as Recommended for Adoption.
3
Staff Proposed GMP Amendments CCPC Adoption Draft 10/15/14
The Collier County Solid Waste Department shall sContinue to hold its hazardous waste
collection days at least once per year.
Policy 9.3.1: [Revised text,
page 42]
The t4Hazardous waste collection days shall target residential households but also allow small
businesses to participate to some extent.
*** *** *** *** *** text break *** *** *** *** ***
GOAL 11: [Revised text,
page 50]
THE COUNTY SHALL TO PROVIDE FOR THE PROTECTION, RESERVATION, AND
SENSITIVE RE-USE OF HISTORIC RESOURCES.
OBJECTIVE 11.1: [Revised text,
page 50]
Te pProtect historic and archaeological resources in Collier County.
*** *** *** *** *** text break *** *** *** *** ***
Policy 12.1.6: [Revised text,
page 52]
The Directors of the Engineering Services Department/Transportation Planning Section and
Bureau of Emergency Services Management Departments will review, at least annually, review
evacuation route road improvement needs to ensure that necessary improvements are reflected
within Table A, the Five-Year Schedule of Capital Improvements, as contained within the Capital
Improvement Element of this Growth Management Plan.
*** *** *** *** *** text break *** *** *** *** ***
Policy 12.1.14: [Revised text,
page 53]
All new nursing homes and assisted living facilities that are licensed shall have a core area to
shelter residents and staff on site. The core area will be constructed to meet the Public Shelter
Design Criteria that is are required for new public schools and public community colleges and
universities ("State Requirements for Educational Facilities," 2007). Additionally, this area shall
be capable of ventilation or air conditioning provided by back-up generator for a period of no
less than 72 hours.
Policy 12.1.1-6 15: [Revised text,
page 54]
The County will coordinate with the Florida Department of Transportation on its plans to one-
way evacuation routes on State maintained roads that are primary evacuation routes for
vulnerable populations.
*** *** *** *** *** text break *** *** *** *** ***
Policy 12.2.5: [Revised text,
page 55]
[1 4-CM P-00913/1125248/1]71
Words underlined are added;words struck-through are deleted-as Transmitted.
Words double-underlined are added;words double-strk,th.reiKil4 are deleted-as Recommended for Adoption.
4
Staff Proposed GMP Amendments CCPC Adoption Draft 10/15/14
The County shall consider the Coastal High Hazard Area as a geographical area lying below the
elevation of the Category 1 storm surge line as presently defined in the 2011 Southwest Florida
Regional Planning Council's Hurricane Evacuation Study, or subsequently authorized storm
surge or evacuation planning studies coordinated by the Collier County Bureau of Emergency
Services and approved by the Board of County Commissioners.
*** *** *** *** *** text break *** *** *** *** **
Policy 12.3.3: [Revised text,
page 55]
The Recovery Task Force shall include the Sheriff, the Growth Management Division
Administrator, the - = `- - ------ -- -- Planning and Zoning Director, the Bureau of
Emergency Services Director and other members as directed by the Board of County
Commissioners, such as representatives from municipalities within the County that have
received damage from a storm.
*** *** *** *** *** text break *** *** *** *** ***
OBJECTIVE 12.4: [Revised text,
page 56]
The County shall mMake every reasonable effort to meet the emergency preparedness
requirements of Persons with Special Needs such as the elderly, handicapped, the infirmed and
those requiring transportation from a threatened area. In the event of a countywide emergency,
such as a hurricane or other large-scale disaster, the County Bureau of Emergency Services
Management DepaFtment in coordination with the County Health Department and other officials
shall open and operate one or more refuges for persons listed on the County's Special Needs
Registry and their caregivers. Medical and support equipment at such refuges will include, but
not necessarily be limited to, respirators, oxygen tanks, first aid equipment, disaster cots and
blankets, and defibrillators.
Policy 12.4.1: [Revised text,
page 56]
All new hospitals, nursing homes, and adult congregate living facilities shall prepare an
emergency preparedness plan for approval by the Bureau of Emergency Services Management
Department prior to receiving a final development order.
*** *** *** *** *** text break *** *** *** *** ***
GOAL 13: [Revised text,
page 56]
THE COUNTY SHALL TO AVOID UNNECESSARY DUPLICATION OF EXISTING
REGULATORY PROGRAMS.
OBJECTIVE 13.1: [Revised text,
page 57]
To eEstablish, prior to the adoption of any land development regulation to implement this
Element, including but not limited to NRPA management guidelines and watershed
management plans, a program to review such regulations and identify existing regulatory
programs exercised by regional,
State, or Federal agencies with jurisdiction over the activities sought to be regulated.
[14-C MP-009131112524811]71
Words underlined are added;words struck through are deleted—as Transmitted.
Words double-underlined are added;words double-FARtek,thria are deleted—as Recommended for Adoption.
5
Staff Proposed GMP Amendments CCPC Adoption Draft 10/15/14
11 bcc.colliergov.netldata\GMD-LDSICDES Planning Services\Comprehensive\COMP PLANNING GMP DATA\Comp Plan Amendments12013 GMPAs Outside of
Cycle1CPSP-2013-6 First Set of Batch Amendments\CCPC&BCC Adoption113-6 Adptn GMPA Exhbt A_8-25 DRAFT.docx
[1 4-C M P-00913/1125248/1]71
Words underlined are added;words otruck through are deleted—as Transmitted.
Words double-underlined are added;words double-c4r4e1(414o are deleted—as Recommended for Adoption.
6
FLORIDA DEPARTMENT Of STATE
RICK SCOTT KEN DETZNER
Governor Secretary of State
February 2, 2015
Honorable Dwight E. Brock
Clerk of the Circuit Court
Collier County
Post Office Box 413044
Naples, Florida 34101-3044
Attention: Ann Jennejohn, 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. 15-07,which was filed in this office on February 2, 2015.
Sincerely,
Ernest L. Reddick
Program Administrator
ELR/lb
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