Ordinance 2007-17
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ORDINANCE NO. 07-~
AN ORDINANCE AMENDING ORDINANCE NUMBER 89-
05, AS AMENDED, THE COLLIER COUNTY GROWTH
MANAGEMENT PLAN FOR THE UNINCORPORATED
AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING
THE INTERGOVERNMENTAL COORDINATION
ELEMENT; BY PROVIDING FOR SEVERABILITY; AND
BY PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Board of County Commissioners adopted the Collier County
Growth Management Plan on January 10, 1989; and
WHEREAS, Collier County has held public hearings to provide for and
encourage public participation throughout the 2006-07 plan amendment process; and
WHEREAS, Collier County did submit the 2006-07 Growth Management Plan
Amendments to the Department of Community Affairs for preliminary review on May 26,
2006; and
WHEREAS, the Department of Community Affairs did review and did not make
written objections to the INTERGOVERNMENTAL COORDINATION ELEMENT
Amendments to the Growth Management Plan and transmitted the same in writing to
Collier County within the time provided by law; and
WHEREAS, Collier County has 120 days from receipt of the written objections
from the Department of Community Affairs to adopt, adopt with changes or not adopt
the proposed INTERGOVERNMENTAL COORDINATION ELEMENT Amendments to
the Growth Management Plan; and
WHEREAS, the Board of County Commissioners of Collier County did take "
action in the manner prescribed by law and did hold public hearings concerning' the
adoption of the INTERGOVERNMENTAL COORDINATION ELEMENT Amendments to
the Growth Management Plan on January 25,2007; and
WHEREAS, all applicable substantive and procedural requirements of law have
been met; and
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
SECTION ONE: ADOPTION OF AMENDMENTS TO THE INTERGOVERNMENTAL
COORDINATION ELEMENT OF THE GROWTH MANAGEMENT
PLAN.
This Ordinance as described herein, shall be known as the
INTERGOVERNMENTAL COORDINATION ELEMENT Amendments to the Growth
Management Plan for Collier County, Florida. The Collier County Growth Management
Plan INTERGOVERNMENTAL COORDINATION ELEMENT Amendment is attached
hereto as Exhibit A and incorporated herein by reference.
1
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 Amendment to the INTERGOVERNMENTAL
COORDINATION ELEMENT shall be the date a final order is issued by the Department
of Community Affairs or Administration Commission finding the Element in compliance
in accordance with Section 163.3184, Florida Statutes, whichever occurs earlier. No
development orders, development permits, or land uses dependent on this Element
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 Department of Community Affairs,
Bureau of Local Planning, 2555 Shumard Oaks Blvd., 3rd Floor, Tallahassee, Florida
32399-2100.
PASSED AND DULY ADOPTED by the Board of County Commissioners of
Collier County this 25th day of January. 2007.
BOARD OF COUNTY COMMISSIONERS
:~LLlEH~WV~~
JAMB8"'COLETT A, CHAI RMAN
. . . . . . . . '.' .~':~.~..~
APPROVED: As;~6'FORM AND
LEGAL SUFFICIENCY:
1Y\~AL. )1) ./Jto.dLwL -f1r>>J.L.~
MARJO E M. STUDENT-STIRLING ' 6
ASSISTANT COUNTY ATTORNEY
2007 INTERGOVERNMENTAL COORDINATION ELEMENT
This ordinance filed with tt1e
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2
Intergovernmental Coordination Element
As Adopted by BCC
1-30-07
EXHIBIT "A"
I.
INTRODUCTION
[New Language, page 1]
Decisions made. or policies pursued. by Collier County...--Fb may influence decisions made or
policies followed by: municipalities within. or adjacent to. Collier County: adiacent counties: the
District School Board of Collier County: service delivery agencies: and. the various independent
special districts located within. or adjacent to. Collier County. Decisions and policies of these
entities may. in turn influence those of Collier County. Throughout its planning process. Collier
County pursues coordination with the surrounding jurisdictions and agencies. The Local
Government Comprehensive Planning and Land Development Regulation Act of 1985. as
amended. requires the inclusion of an element within local government comprehensive plans.
that addresses coordination between units of government. This Intergovernmental Coordination
Element is in accordance with the provisions of the Act.
The Collier County Intergovernmental Coordination Element (lCE) contains a Goal. Objectives
and Policies that deal with the following coordination issues:
. Intergovernmental communications and level of service coordination
. Coordination of land use planning strategies
. Coordination of municipal annexation plans
. Formal and informal coordination mechanisms
The Collier County Intergovernmental Service Delivery Agreement Report. completed in 2004.
is an appendix to this Element. This report summarizes Collier County's interlocal agreements
with governmental or quasi-governmental entities that provide services to Collier County
residents. The Report summarizes service delivery agreements between Collier County and
various providers. with regard to eight (8) service categories:
1) Education
2) Sanitary Sewer
3) Public Safety
4) Solid Waste
5) Drainage
6) Potable Water
7) Parks and Recreation. and
Words underlined are added; words struok through are deleted.
Intergovernmental Coordination Element
As Adopted by BCC
1-30-07
8) Transportation Facilities.
As of January 2005. there are three (3) municipalities within Collier County. These are:
. Everglades City
. City of Marco Island
. City of Naples
Also as of January 2005. Collier County shared borders with the following iurisdictions:
. City of Bonita Springs (in Lee County)
. Lee County
. Hendry County
. Broward County
. Miami-Dade County
. Monroe County
In addition to Federal and State agencies. the following governmental entities have jurisdiction
over all. or portions. of Collier County.
The District School Board of Collier County
Seminole Tribe of Florida
Collier County Water-Sewer District
Immokalee Water and Sewer District
Florida Governmental Utility Authority
Port of The Islands Community Improvement District
Collier County Sheriff's Office
Big Corkscrew Fire and Rescue District
East Naples Fire Control and Rescue District
Golden Gate Fire and Rescue District
Immokalee Fire Control District
Isles of Capri Fire and Rescue District
North Naples Fire Control District
Ochopee Fire Control District
South Florida Water Management District/Big Cypress Basin Board
Southwest Florida Regional Planning Council
Cow Slough Water Control District
Collier Soil and Water Conservation District
Words underlined are added; words struok through are deleted.
2
Intergovernmental Coordination Element
As Adopted by BCC
1-30-07
Naples/Collier County Metropolitan Planning Organization
Various Community Development Districts
Various Municipal Service Taxing Units (MSTU)
Various Municipal Service Benefit Units (MSBU)
Goal, Objectives and Policies
Intergovernmental Coordination Element
GOAL 1:
[Renumbered, revised text, page 1]
PROVIDE FOR THE CONTINUAL EXCHANGE OF INFORMATION AND THE USE
OF ANY INTERGOVERNMENTAL COORDINATION MECHANISMS WITH
BROW ARD, MIAMI-DADE, HENDRY, LEE AND MONROE COUNTIES, CITIES OF
BONITA SPRINGS. EVERGLADES, MARCO ISLAND. AND NAPLES, THE DISTRICT
SCHOOL BOARD OF COLLIER COUNTY SCHOOL BOARD, SOUTHWEST
FLORIDA REGIONAL PLANNING COUNCIL, AND ANY OTHER LOCAL, STATE,
OR FEDERAL AGENCY OR GOVERNMENTAL ENTITY, AND UTILITY
COMPANIES SUCH AS BUT NOT LIMITED TO FLORIDA POWER AND LIGHT,
LEE COUNTY ELECTRIC COOPERATIVE, SPRINTIUNITED TELEPHONE,
IMMOKALEE WATER AND SEWER DISTRICT, PELICAN BAY SERVICE,S,
DIVISION (MSTU), FLORID.... Wf..TER SERVICES, FLORIDA CITIES Wf..TER
COMPANY, FLORIDA GOVERNMENTAL UTILITY AUTHORITY. MEDI.\ ONE
COMCAST. AND CABLEVISION INDUSTRIES, THAT MAY BE IMPACTED BY
COLLIER COUNTY'S LAND, ROAD OR FACILITY PLANNING: TO RESOLVE
DIFFERENCES AND TO ACHIEVE COMPATIBLE AND COORDINATED PLANS.
OBJECTIVE 1.1:
[Renumbered, revised text, page 1]
By the time mandated for the adoption of laRd development regulations p\:lfsuant to Chapter
163.3202, F.8.. including any amendments thereto, Collier County (County) shall continue to
establish and maintain intergovernmental communication and level of service coordination
mechanisms to be used by the Collier County, the Cities of Everglades City,_the City of Marco
Island, the City of Naples. and the City of Bonita Springs. adjacent Lee County, Hendry County,
Broward County, Dade County, Monroe County, the District School Board of Collier County
School Board, the State of Florida. and any other entity that provides a service but may not have
land use authority.
Policy 1.1.1:
[Renumbered, revised text, page 1]
Collier County will shall continue to utilize existing coordination mechanisms, e.g., interlocal
planning agreements, joint meetings and any other mechanism~ described in this Eelement~
which promotes consistent planning activities.
Words underlined are added; words struok through are deleted.
3
Intergovernmental Coordination Element
As Adopted by BCC
1-30-07
Policy lo1.2:
[Renumbered, revised text, page 1]
The Collier County Comprehensive Planning Section of the Planning Services Department shall
be the designated liaison to disseminate information on proposed Growth Management Plan
amendments under review by the County" which have the potential to effeet affect any of the
entities listed in Objective -h l.
Policy lo1.3:
[Renumbered, revised text, page 1]
The Collier County Comprehensive Planning SectioB of the Planning SefYices Department shall
continue to prepare and review the Annual Update and Inventory Report (AUIR) as an annual
level of service monitoring report at for the capital facilities included within the Growth
Management Plan. The purpose of this report is to provide the affected entities with the
necessary information in order to evaluate and coordinate level of service standards.
Poliey 1.1.4:
[Deleted text, page 1]
The Collier CO\:lBty Comprehensive Planning Section of the Planning Ser/ices Department shall
recommend procedures to be taken if the entity that has maintenance respoRsibility does not plan
for the necessary improvements in a timely manner in order to maintain the County adopted le'/el
of seryice.
Policy lo1.~:
[Renumbered, revised text, page 2]
In situations where other public or private entities are providing a facility or service within
Collier County for roads, water. sewer. drainage, parks, or solid waste, the County will
coordinate its adopted level of service standardw within the parameters allowed by the
Concurrency Management System of the Capital Improvement Element as part of the County's
Growth Management thts Plan.
OBJECTIVE lo2:
[Renumbered, revised text, page 2]
The County shall Gf.oordinate Collier County's its land use planning strategy, including an
assessment of proposed development, with that of other governmental and private entities.
Policy lo2.1: [Renumbered, revised text, page 2]
Collier County will continue to identify, develop, and pursue areas where intergovernmental land
use planning and level of service agreements are needed between the County and respective
governmental or private entities.
Policy lo2.2:
[Renumbered, revised text, page 2]
Collier County shall continue to develop +hese intergovernmental planning agreements. which
shall include provisions for review and commentw on Collier County land use plans and capital
facility plans along jurisdictional lines by neighboring governmental jurisdictions, facility
planBing for v/uter, sewer, roads, and regarding any proposed activities other public facilities that
Words underlined are added; words f::truok through are deleted.
4
Inlergovemmental Coordination Element
As Adopted by BCC
1-30-07
may have an impact on other entities such jurisdictions or cause inconsistencies with bet'l/een
their respective comprehensive plans.
Policy 1.2.3: [Renumbered, revised text, page 2]
Collier County shall ~ontinue to participate in cooperative planning programs with other
governmental entities.
Policy 1.2.4: [Renumbered, revised text, page 2]
\Vaere appropriate, mut\:Ia1 planning and management programs for natural resources shall be
undertaken. This shall include but not be limited to a mutual program for the management of
Naples Bay with the City of Naples; a mutual program for the management of certain estuarine
areas that fall under the jurisdiction of more than one local entity; a mutual program for
management of ground\vater resources with Lee and Hendry Counties; and a m1:lt1:lal program for
delineation and management of watersheds.
Collier County shall continue to undertake. where appropriate and economically feasible. joint
programs with other local governments regarding the planning for. and management of. natural
resources that are shared by the County and adjacent governmental jurisdictions.
Policy 1.2.5:
[Renumbered, revised text, page 2]
The County shall coordinate its plans, programs, regulations and activities for the provision of
affordable housing with those of adjacent governments, particularly with the City of Naples.
Policy 1.2.6:
[Renumbered text, page 2]
The County shall continue to coordinate with the Collier County School Board on the site
selection for new public educational plants and ancillary plants and the provision of
infrastructure, particularly roads, to support existing and proposed public educational plants and
ancillary plants in accordance with the two Interlocal Agreements adopted in accordance with
Sections 163.3177(6)(h) and 163.31777, Florida Statutes, on May 15.2003 by the Collier County
School Board and on May 27, 2003 by the Board of County Commissioners.
Policy 1.2.7:
[Renumbered, revised text, page 2]
/\dopt, and make part of the County's Growth Management Plan, the SWFRPC Dispute
Resolution, Rule 291 7, dated .^.pril 1994, a voluntary regional dispute process to reconcile
differences on planning, growth management, and other issues among local governments.
regional agencies and private interest.
Collier County hereby adopts. as part of this Intergovernmental Coordination Element. the
Southwest Florida Regional Planning Council's Rule 291-7. Florida Administrative Code. dated
April 1994. which establishes a voluntary regional dispute process to reconcile differences on
planning. growth management. and other issues among local governments. regional agencies and
private interests.
Words underlined are added; words struck through are deleted.
5
Intergovernmental Coordination Element
As Adopted by BCC
1-30-07
Policy 2.8:
[New text, page 3]
The County shall coordinate with the South Water Management District and other regulatory
agencies in implementing the Growth Management Plan.
OBJECTIVE 1.3:
[Renumbered, revised text, page 3]
The County shall continue to coordinate annexation plans of all incorporated areas in the
County.
Collier County shall develop procedures to identify and implement ioint planning areas for the
purposes of municipal annexation. municipal incorporation and joint infrastructure service areas.
Policy 1.3.1:
[Renumbered, revised text, page 3]
Collier County '.'.'ill identify any proposed annexation areas if} the Future Land Use Element and
indicate these areas on the Future Land Use Map or map series.
Based upon Section 9J-5.015 (3)(c) 4.. Florida Administrative Code. Collier County shall work
with the local municipalities to identify and implement joint planning areas and/or joint
infrastructure service areas for the purpose of planning for potential future municipal annexation
of such areas. The identified joint planning areas and/or joint infrastructure service areas shall be
depicted on the County's Future Land Use Map series.
Policv 3.2:
[New text, page 3]
Collier County shall develop procedures to plan for potential future municipal incorporation (i.e..
the creation of new municipalities) within Collier County. Upon official notification that an
incorporation referendum for any portion of the County has been successful. the County will
initiate contact with the new municipality for the purpose of establishing an expedient and
efficient transition of responsibilities. services. and/or infrastructure to the new municipality.
OBJECTIVE 1.4:
[Deleted text, page 3]
By January I, 1999, the County shall complete an evaluation of informal and formal
coordination mechanisms betv/een the County, other units of local, regional, state, and federal
gO'/ernment and any private entity which provides an essential public service that affects Levels
of Service and/or land use pluf}f}ing if} the County.
PoUe)' 1.4.1:
[Deleted text, page 3]
By Jafl\:Iary I, 1998, the County shall establish the criteria to be used to complete af} update of
tho e',aluation of informal af}d formal coordination mechanisms bet\yeen the County, other units
of local, regional. state, and federal government, and private entities which provide an essential
public service that affects Levels of Serlice aRd/or laRd use planning in the County.
Words underlined are added; words struok through are deleted.
6
Intergovemmental Coordination Element
As Adopted by BCC
Poliey 1.4.2:
[Deleted text, page 3]
1 -30-07
By January 1. 1998, the County shall implement procedures and acti','ities that 'Hill improve
communications betv,'een the County and other units of local, regional, state, and federal
gO'/ernment, and priyate entities v/hich proyide an essential public seryice that affect Le'/el of
Service and/or land use planning. These procedures and activities will be based on data derived
from the update of the e','aluation of informal and formal coordination mechanisms.
EAR-ICE Adopted by BCC
G: Comprehensive/EAR Amendment ModijicationslBCC Adoption Final
cs-kvl-dw/S-24-06
Words underlined are added; words Gtruok through are deleted.
7
STATE OF FLORIDA)
COUNTY OF COLLIER)
I, DWIGHT E. BROCK, Clerk of Courts in and for the
Twentieth Judicial Circuit, Collier County, Florida, do
hereby certify that the foregoing is a true and correct
copy of:
ORDINANCE 2007-17
Which was adopted by the Board of County Commissioners
on the 25th day of January, 2007, during Special Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 2nd
day of February, 2007.
DWIGHT E. BROCK
Clerk of Courts and Clerk
Ex-officio to Board of
County Commissioners
()...Lu.L ~O~C. "
By: Ann Jennejohn,
Deputy Clerk