Ordinance 2019-06 ORDINANCE NO. 19- 06
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, DIRECTING TRANSMITTAL OF
THE ADOPTION AMENDMENT TO THE FLORIDA DEPARTMENT OF
ECONOMIC OPPORTUNITY, AND FURTHERMORE PROVIDING FOR
SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE.
[PL20180002552]
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 amendment to the
Department of Economic Opportunity for preliminary review on January 8, 2019, after public
hearings before the Collier County Planning Commission and the Board of County
Commissioners; and
WHEREAS, the Department of Economic Opportunity and various State agencies have
reviewed the amendment to the Growth Management Plan and transmitted their comments, if
any, 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 document described as the Collier County Growth Management Plan
Amendment, 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 April 4, 2019,
and the Collier County Board of County Commissioners held on May 14, 2019; 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.
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PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
'
County, Florida this day of Ala 2019.
ATTEST: BOARD OF COUNTY COMMISSIONERS
CRYSTAL K. KINZEL, CLERK COLLIER CO ► - igen •RIDA
c.u. eb
BY: ..l _,,...
Deputy Clerk
A sf 3 to Chasn an Wits am L. McDaniel, Jr., Ch. rman
signature only.
j.
Approved as to form and legality:
/JL4O3 �a//9
(9—Scott A. Stone
Assistant County Attorney
Attachment: Exhibit A—Text Amendment
This ordinance filed with the
Secretary of State's Office the
and acknc—vteduemant that
filind received this r T day
Of
Deputy Clark
[18-CMP-01043/1465146/1J145
3/12/19 Page 3 of 3
Exhibit A
COLLIER COUNTY GROWTH MANAGEMENT PLAN
PUBLIC FACILITIES ELEMENT
Potable Water Sub-Element
******** ******* ******* ******* ******* ******* ******
OBJECTIVE 1: [Page 2]
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 October 2013 February
2019, 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 attached hereto incorporated herein by reference.
Words underlined are added; words struck through are deletions.
*** *** *** *** are a break in text
o1FE-SrAT-.
i.
FLORIDA DEPARTMENT Of STATE
RON DESANTIS LAUREL M.LEE
Governor Secretary of State
May 16, 2019
Ms. Crystal K. Kinzel, Clerk
Collier County
Post Office Box 413044
Naples, Florida 34101-3044
Attention: Teresa Cannon
Dear Ms. Kinzel:
Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your
electronic copy of Collier County Ordinance No. 19-06, which was filed in this office on May 16, 2019.
Sincerely,
Ernest L. Reddick
Program Administrator
ELR/lb
R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250
Telephone: (850) 245-6270
www.dos.state.fl.us