Ordinance 2015-11 ORDINANCE NO. 15- 11
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 TRANSPORTATION 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-2013-61
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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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 TRANSPORTATION
ELEMENT OF THE GROWTH MANAGEMENT PLAN
The amendment to the Transportation 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-){~day of S anv cl 2015.
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA
, • CC . BY:
Dep '� er" TIM NANCE, Chairman
Attest as to a
signature only,,;
Approved as to form and legality:
Scott A. Stone
Assistant County Attorney
Attachment: Exhibit A—Transportation Element
This ordinance filed with the
yetday of orAi ste's off c; `.,i r
and acknow!edgem-• that
fir; `r- - -• t is • day
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EXHIBIT "A"
TRANSPORTATION ELEMENT (TE)
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A. FUTURE SYSTEM NEEDS [Revised text,
page 1]
•
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2. Traffic Circulation Constraints
In many parts of the Naples Urban Area, traffic circulation movements are constrained by the
natural features of the landscape such as the Gordon River. Still other parts offer constraints of
the man-made variety, such as golf courses and the Naples Airport. In many instances
approved developments (some existing, others not yet built) block the way of logical extensions
of urban collector and arterial roads.
The single most noticeable constraint is the Gordon River as it extends from the Naples Bay
northward under the East Tamiami Trail (US 41) to its connection with the Golden Gate canal
system.
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The characteristics of the highway network at this location resembles an "hour-glass". On the
western extreme, US 41 and Goodlette Road converge on the narrow "straits" of the Gordon
River bridge; while to the east, US 41 and Davis Boulevard do likewise. The result is the typical
"bottleneck" effect when too much traffic volume is forced through a constricted area.
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Policy 1.3: [Revised text,
page 12]
The standards for levels of service (LOS) of County arterial and collector roads appear in Policy
1.5; subsection "A" 1.5.A in the Capital Improvement Element and shall be used as the basis for
determining the availability of facility capacity and the demand generated by a development.
Policy 1.4:
The standards for levels of service (LOS) of state and federal roads in the County appear in
Policy 1.5; subsection "B" 1.5.B in the Capital Improvement Element and shall be used as the
basis for determining the availability of facility capacity and the demand generated by a
development.
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Policy 5.4: [Revised text,
page 16]
Pursuant to Section 163.3180, Florida Statutes and the Urban Infill and Urban Redevelopment
Strategy contained in the Future Land Use Element of this Plan, the South 14-5-: US 41
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Transportation Concurrency Exception Area (TCEA) is hereby designated. Development
located within the South l US 41 TCEA (MapTR-4) may be exempt from transportation
concurrency requirements, so long as impacts to the transportation system are mitigated using
the procedures established in Policies 5.5 and 5.6 below, and in consideration of the following:
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Policy 5.5: [Revised text,
page 18]
Commercial developments within the South US 41 TCEA that choose to obtain an
exception from concurrency requirements for transportation will provide certification to the
Transportation Planning Department that at least four of the following Transportation Demand
Management (TDM) strategies will be utilized:
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Residential developments within the South f& US 41 TCEA that choose to obtain an exception
from concurrency requirements for transportation shall provide documentation to the
Transportation Planning Department that at least three of the following Transportation Demand
Management (TDM) strategies will be utilized:
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Monitoring of the use and effectiveness of the TDM strategies selected shall be included in the
required annual monitoring report. Developments not required to submit an annual monitoring
report shall, for three (3) years following completion of the development, provide an assessment
as to the use and effectiveness of the selected strategies in a form provided by the County.
Modifications to the applied TDM strategies may be made within the first three ) years of
development if they are deemed ineffective. Modifications to the new TDM strategies may be
made within this second three year period and subsequent three year periods if the TDM
strategies are deemed ineffective. Another assessment shall be completed within three (3_I
years and in three year increments until the TDM strategies are deemed effective.
Developments within the South US 41 TCEA that do not obtain certification shall meet all
concurrency requirements. Whether or not a concurrency exception is requested,
developments will be subject to a concurrency review for the purpose of reserving capacity for
those trips associated with the development and maintaining accurate counts of the remaining
capacity on the roadway network.
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Policy 5.6: [Revised text,
page 18]
The County shall designate Transportation Concurrency Management Areas (TCMAs) to
encourage compact urban development where an integrated and connected network of roads is
in place that provide multiple, viable alternative travel paths or modes for common trips.
Performance within each TCMA shall be measured based on the percentage of lane miles
meeting the LOS described in this Transportation Element, Policies 1.3 and 1.4 of this Element.
The following Transportation Concurrency Management Areas are designated:
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In order to be exempt from link-specific concurrency, developments within the TCMA must
provide documentation to the Transportation Planning Department Section that at least two (2)
Transportation Demand Management (TDM) strategies utilized meet the criteria of the LDC.
Monitoring of the use and effectiveness of the TDM strategies selected shall be included in the
required annual monitoring report. Developments not required to submit an annual monitoring
report shall, for three (3) years following completion of the development, provide an assessment
as to the use and effectiveness of the selected strategies in a form provided by the County.
Modifications to the applied TDM strategies may be made within the first three years of
development if they are deemed ineffective. Modifications to the new TDM strategies may be
made within this second three year period and subsequent three year periods if the TDM
strategies are deemed ineffective. Another assessment shall be completed within three a
years and in three year increments until the TDM strategies are deemed effective.
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Policy 6.5: [Revised text,
page 20]
The Collier County MPO's adopted Long Range Plan has identified a number of potential,
critical need intersections, including an interchange in the vicinity of I-75/Everglades Boulevard;
a US 11 US 41/SR-CR 951 grade separated overpass; and, a Randall Boulevard/Immokalee
Road grade separated overpass. The County shall pursue such projects in a manner consistent
with the findings of the AUIR and through the development of the FDOT 5-year Work Program,
as appropriate.
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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. 15-11, 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