Ordinance 2015-09 ORDINANCE NO. 15- 09
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 STORMWATER MANAGEMENT (DRAINAGE)
SUB-ELEMENT OF THE PUBLIC FACILITIES ELEMENT;
RECOMMENDING TRANSMITTAL OF THE ADOPTED
AMENDMENTS TO THE FLORIDA DEPARTMENT OF
ECONOMIC OPPORTUNITY; PROVIDING FOR SEVERABILITY;
AND PROVIDING FOR AN EFFECTIVE DATE.
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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
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fit
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 STORMWATER
MANAGEMENT (DRAINAGE) SUB-ELEMENT OF THE PUBLIC
FACILITIES ELEMENT OF THE GROWTH MANAGEMENT PLAN
The amendment to the Stormwater Management Sub-Element of the Public Facilities
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.
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PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida this a-7'day of ctnt.)ckr` 2015.
ATTEST: "' BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA
•
_ • _.A.:„. A BY: / er„ia.,_
Attu ,;',c .yrz,.
TIM NANCE, Chairman
signature on •,
Appr d as to f, and legality:
Scott A. t one
Assistant County Attorney
Attachment: Exhibit A—Stormwater Management Sub-Element of the Public Facilities Element
This ordinance filed with
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Lary of - ate's Of ficeAes
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and ocknowledgerr , f that
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Staff Proposed GMP Amendments CCPC Adoption Draft 10/15/14
EXHIBIT "A"
PUBLIC FACILITIES ELEMENT
Stormwater Management Sub-Element (SM)
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I. INTRODUCTION [Revised text,
page 1]
This portion of the Collier County Growth Management Plan inventories both the natural
conditions and stormwater management activities within unincorporated Collier County. In
Collier County, there are two (2) primary service providers with regard to the provision of
stormwater management services. The County's Transportation Services Division maintains
drainage systems associated with County and State Roadways as well as the Secondary
Drainage System. The Big Cypress Basin Board, an arm of the South Florida Water
Management District (SFWMD), maintains the larger, regional surface water management
systems within Collier County. The regional drainage system is also referred to as the Primary
Drainage System.
However, management of stormwater is concerned not only with flood prevention (a quantity
issue), but also with the removal of various pollutants picked up by the stormwater as it flows
across the County's developed land areas (a quality issue). Such pollutants can include oils,
greases, heavy metals, pesticides, fertilizers and other substances, which can have a
deleterious impact on the County's natural systems and, above all, its groundwater quality.
Note that, in this respect, there is overlap in the intended purpose between the Drainage
Stormwater Management and Natural Groundwater Aquifer Recharge Sub-elements Sub-
Elements: both seek to protect aquifer recharge areas. However, the emphasis of the Drainage
Sub element Stormwater Management Sub-Element is on surface water protection, whereas
the emphasis of the Natural Groundwater Aquifer Recharge Su-19-element Sub-Element is on
groundwater protection.
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One of the key principles of current stormwater management techniques is recognition of the
need for basin-wide (or watershed basin) planning. The stormwater management system has to
be designed so as to ensure that the final outlet point has adequate capacity to handle all
discharges from the upstream portion of the watershed under conditions present at the time of
design. Subsequent development upstream must then utilize stormwater management
techniques and systems, which will maintain predevelopment run-off conditions so that the
capacity of the downstream portion of the watershed is not exceeded. In this respect, there is
an overlap between the intended purpose of the Drainage Sub element Stormwater
Management Sub-Element and Goal 2 of the Conservation and Coastal Management Element,
including the Watershed Management Plans discussed under Objective 2.1 of the CCME.
*** *** *** *** *** text break *** *** *** *** ***
IL GOALS, OBJECTIVES AND POLICIES [Revised text,
page 2]
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Policy 2.1: [Revised text,
page 5]
The levels of service standards (LOSS) for drainage facilities and stormwater management
systems appear in Policy 1.5; subsection "C" 1.5.0 in the Capital Improvement Element.
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Policy 6.2: [Revised text,
page 5]
Collier County's retention and detention criteria shall be one hundred and fifty percent (150%) of
the water quality volumetric requirements provided in the Basis of Review for Environmental
- - •_ -- A - .A. - - •- - - �.� --•-- ! ! State
Environmental Resource Permit Applicant's Handbook Volume II for use within the Geographic
Limits of the South Florida Water Management District (2014), or its successor, as it existed at
the time of project approval.
Policy 6.3: [Revised text,
page 5]
Allowable off-site discharge rates shall be computed using a storm event of 3 day duration and
25 year return frequency. The allowable off-site discharge rates are as follows:
a. 951 Canal North Basin 0.11 cfs/acre
a- Airport Road North Canal 0.04 cfs/acre
b. Sub-basin
(North of Vanderbilt Beach Road)
b7 Airport Road South Canal 0.06 cfs/acre
c. Sub-basin
(South of Vanderbilt Beach Road)
d. C-4 Basin 0.11 cfs/acre
6 Cocohatchee River Canal Basin 0.04 cfs/acre
e.
f. Corkscrew Canal Basin 0.04 cfs/acre
g Cypress Canal Basin 0.06 cfs/acre
h. Faka Union Canal Basin 0.09 cfs/acre
(North of 1-75)
i. Gordon River Extension Basin 0.09 cfs/acre
h Harvey Canal Basin 0.011 cfs/acre
k. Henderson Creek Basin 0.08 cfs/acre
I. 1-75 Canal Basin 0.06 cfs/acre
m. Imperial Drainage Outlet Basin 0.12 cfs/acre
e- Island Walk Basin 0.055 cfs/acre
n. (aka Harvey Basing
d- Lely Canal Basin 0.06 cfs/acre
o.
• Lely Manor Canal Basin 0.06 cfs/acre
g Main Golden Gate Canal Basin 0.04 cfs/acre
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r. Palm River Canal Basin 0.13 cfs/acre
s. Pine Ridge Canal Basin 0.13 cfs/acre
0.13 cfs/acrc
g: All other areas 0.15 cfs/acre
t.
The County may exempt projects from these allowable off-site discharge rates if any of the
following applies:
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2. It can be documented that the project currently discharges off-site at a rate higher than
those listed above. The documentation required for this purpose shall be prepared by a
registered professional engineer, and will consist of an engineering study which utilizes
the applicable criteria in the "- L., P. _- • - P- - - • - ••-• - '' e-
Permit Application:, _ - = _--_ _-'------ --= = - "=_: _ _- '= _ _- '-
Environmental Resource Permit Applicant's Handbook
Volume II for use within the Geographic Limits of the South Florida Water Mana•ement
District (2014), or its successor. The study shall be subject to review and approval by
the County and SFWMD staff. The study shall include the following site-specific
information:
11 bcc.colliergov.netldata\GMD-LDS\CDES 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
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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. 15-09, 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