Ordinance 2019-30 ORDINANCE NO. 19- 3 0
AN ORDINANCE AMENDING ORDINANCE 89-05, AS
AMENDED, THE COLLIER COUNTY GROWTH
MANAGEMENT PLAN OF THE UNINCORPORATED AREA OF
COLLIER COUNTY, FLORIDA, RELATING TO THE GOLDEN
GATE AREA MASTER PLAN RESTUDY SPECIFICALLY
AMENDING THE STORMWATER MANAGEMENT SUB-
ELEMENT OF THE PUBLIC FACILITIES ELEMENT;
DIRECTING TRANSMITTAL OF THE ADOPTED AMENDMENT
TO THE FLORIDA DEPARTMENT OF ECONOMIC
OPPORTUNITY; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE. [PL20180000261]
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 an amendment to the Stormwater Management Sub-
Element of the Public Facilities Element of the Growth Management Plan; and
WHEREAS, Collier County transmitted the Growth Management Plan amendment to the
Department of Economic Opportunity for preliminary review on March 19, 2019, after public
hearings before the Collier County Planning Commission and the Board of County
Commissioners; and
WHEREAS, the Department of Economic Opportunity reviewed the amendment 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
amendment to the Growth Management Plan; and
WHEREAS, Collier County has gathered and considered additional information, data and
analysis supporting adoption of these amendment, including the following: the Collier County
Staff Report, the documents entitled Collier County Growth Management Plan Amendment and
other documents, testimony and information presented and made a part of the record at the public
[18-CMP-01009/1496082/11 417 Page 1
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hearings of the Collier County Planning Commission held on June 6, 2019 and July 18, 2019,
and the Collier County Board of County Commissioners held on September 24, 2019; 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 AMENDMENT TO THE STORMWATER
MANAGEMENT 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.
[18-CMP-01009/1496082/11 417 Page 2
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PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida this V lkday of Se p 1-(y) L-tx , 2019.
ATTEST,,:, BOARD? ' _'� Y COMMISSIONERS
CRYSTALK:KINZEL, CLERK � �LL� TY, .ORI P
Amr_ 40111110
- •k : ., BY: /
1'�, e_puty Clerk William L. McDaniel, Jr., Chairman
.KtlesvattowirmR'S
Approved as to form and legality:
H idi Ash ori Cicko
Managing Assistant County Attorney
Attachment: Exhibit A—Stormwater Management Sub-Element of the Public Facilities
Element
This brdinance filed with the
S re ery of Stat 's Office the
x'day of Ll y► at
and acknowiedgemen Atthat
filing b_ a day
of � ,
Donut!cwt
[18-CMP-01009/1496082/1]417 Page 3
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Staff Proposed Draft Amendments Golden Gate Area Master Plan—BCC Adoption Draft 20180000261/CPSP-2018-2
EXHIBIT "A"
PUBLIC FACILITIES ELEMENT
Stormwater Management Sub-Element
(Adopted October 1997, amended through December 12, 2017 by Ordinance no. 2017-48)
GOAL: [pg. 2]
TO PROVIDE STORMWATER MANAGEMENT FACILITIES AND SERVICES FOR DRAINAGE
AND FLOOD PROTECTION FOR EXISTING AND FUTURE DEVELOPMENT, MINIMIZE THE
DEGRADATION OF QUALITY OF RECEIVING WATERS AND SURROUNDING NATURAL
AREAS AND PROTECT THE FUNCTIONS OF NATURAL GROUNDWATER AQUIFER
RECHARGE AREAS.
*** *** *** *** *** *** *** *** *** *** ***
OBJECTIVE 2: [pg. 3]
Maintain adopted drainage level of service standards for basins and sub-basins identified
in the Water Management Master Plan. Maintenance of the drainage level of service (LOS)
identified for each basin will be implemented through the watershed management planning
process identified within Goal 2 of the Conservation and Coastal Management Element of
this Growth Management Plan.
*** *** *** *** *** *** *** *** *** *** ***
Policy 2.3: [pg. 3]
The County will periodically coordinate with the South Florida Water Management District to
review the Level of Service Standards for primary water management canals within the County
and their effect on Golden Gate Estates.
*** *** *** *** *** *** *** *** *** *** ***
OBJECTIVE 5: [pg. 4]
Regulate land use and development in a manner that protects the functions of natural drainage
features, the stormwater management network and natural groundwater aquifer recharge areas.
Implementation of this Objective will be consistent with the Watershed Management Planning
process identified within Goal 2 of the Conservation and Coastal Management Element of the
Growth Management Plan, and with relevant provisions contained within the adopted Land
Development Code (Ordinance Number 2004-41, as amended).
*** *** *** *** *** *** *** *** *** *** ***
Policy 5.3 [pg. 4]
The County will continue to identify and implement educational opportunities related to water
resources for parcel owners, homeowners, builders, real estate professionals and the public to
aid in understanding and addressing site-specific financial and environmental impacts as well as
area-wide impacts to water resources.
Policy 5.4 [pg. 4]
Within two years of adoption, the County will initiate a study on the feasibility of dispersed water
management (DWM) for Golden Gate Estates, and determine the extent to which it will rely on
voluntary, incentive or mandatory provisions and whether provisions will apply to developed and
undeveloped parcels in Golden Gate Estates.
Words underlined are added;words,truck through are deleted.
Row of asterisks (**** **** ****) denotes break in text.
8/12/19 Page 1 of 1
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FLORIDA DEPARTMENT Of STATE
RON DESANTIS LAUREL M. LEE
Governor Secretary of State
October 1, 2019
Ms. Teresa Cannon, BMR Senior Clerk II
Office of the Clerk of the Circuit Court
&Comptroller of Collier County
3299 Tamiami Trail, Suite#401
Naples, Florida 34112-5324
Dear Ms. Cannon:
Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your
electronic copy of Collier County Ordinance No. 19-30, which was filed in this office on October 1, 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