Ordinance 2022-17ORDINANCE NO.2022- 17
AN ORDINANCE OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA,
PROPOSING EVALUATION AND APPRAISAL REVIEW (EAR)
BASED AMENDMENTS TO ORDINANCE 89-05, AS AMENDED,
THE COLLIER COUNTY GROWTH MANAGEMENT PLAN OF
THE UNINCORPORATED AREA OF COLLIER COUNTY
FLORIDA, SPECIFICALLY AMENDING THE CONSERVATION
AND COASTAL MANAGEMENT ELEMENT TO ADDRESS SEA
LEVEL RISE, AND UPDATE NOMENCLATURE; AND
FURTHERMORE DIRECTING TRANSMITTAL OF THE
ADOPTED AMENDMENT TO THE FLORIDA DEPARTMENT
OF ECONOMIC OPPORTUNITY; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
[PL20210001271]
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 the Collier County Growth Management
Plan relating to the Conservation and Coastal Management Element; and
WHEREAS, Collier County transmitted the Growth Management Plan amendment to the
Department of Economic Opportunity for preliminary review on September 27, 2021, 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
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WHEREAS, Collier County has gathered and considered additional information, data and
analysis supporting adoption of this 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
hearings of the Collier County Planning Commission held on March 17, 2022, and the Collier
County Board of County Commissioners held on May 10, 2022; and
WHEREAS, all applicable substantive and procedural requirements of the law have been
met.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA that:
SECTION ONE: ADOPTION OF AMENDMENT TO THE COLLIER COUNTY
GROWTH MANAGEMENT PLAN TO CREATE THE PRIVATE
PROPERTY RIGHTS ELEMENT
The amendment to the Collier County 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.
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PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida this kday of May, 2022.
ATTEST:
CRYSTAL,.•�EL, CLERK
By' ti
: y uty Clerk
'A V as lonTfi*
SIg11f'1? Dift w: �i
r'
Approved as to form and legality:
ft, A
Heidi As ton-Clcko
Managing Assistant County Attorney
Attachment: Exhibit A — Text amendments
BOARD OF COUNTY COMMISSIONERS
COLLIER COUXI);-.�RIDA
LOW
WillArn L. McDaniel, Jr., Chairman
This
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Exhibit A
PL20210001271
EXHIBIT A
CONSERVATION AND COASTAL MANAGEMENT ELEMENT
(CCME)
I. INTRODUCTION
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[page 1 ]
In addition to the Conservation Element, Subsection 163.3177(6)(g), Florida Statutes, also
requires certain designated local governments (including Collier County) to have an element of
the local comprehensive plan dealing with coastal management. This Coastal Management
Element must "set forth the policies that shall guide the local government's decisions and program
implementation with respect to the following objectives:"
1. Maintenance, restoration, and enhancement of the overall quality of the coastal zone
environment, including, but not limited to, its amenities and aesthetic values.
2. Continued existence of viable populations of all species of wildlife and marine life.
3. The orderly and balanced utilization and preservation, consistent with sound conservation
principles, of all living and nonliving coastal zone resources.
4. Avoidance of irreversible and irretrievable loss of coastal zone resources.
5. Ecological planning principles and assumptions to be used in the determination of
suitability and extent of permitted development.
6. Proposed management and regulatory techniques.
7. Limitation of public expenditures that subsidize development in high -hazard coastal areas.
8. Protection of human life against the effects of natural disasters.
9. The orderly development, maintenance, and use of ports identified in s. 403.021(9) to
facilitate deepwater commercial navigation and other related activities.
10. Preservation, including sensitive adaptive use of historic and archaeological resources.
11. Development of an adaptation action area designation for those low-lying coastal zones
that are experiencing coastal flooding due to extreme high tides and storm surge and are
vulnerable to the impacts of rising sea level. Local governments that adopt an adaptation
action area may consider policies within the coastal management element to improve
resilience to coastal flooding resulting from high -tide events storm surge flash floods,
stormwater runoff, and related impacts of sea -level rise.
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[page 2]
Exhibit A PL20210001271
The statute further relates the functions of the Conservation and Coastal Elements so that, in
effect, local governments in designated coastal areas, such as Collier County, are required to
prepare a Conservation and Coastal Management Element, which fulfills the requirements for
both Elements. Accordingly, Collier County's Conservation and Coastal Management Element is
divided into thirteen 43) (14) separate goal areas. These may be summarized as follows:
1. Protection of natural resources;
2. Protection of surface and estuarine water resources;
3. Protection of groundwater resources;
4. Protection of freshwater resources;
5. Protection of mineral and soil resources;
6. Protection of native vegetation and wildlife habitat;
7. Protection of fisheries and wildlife;
8. Maintenance of existing air quality;
9. Management of hazardous materials and hazardous wastes;
10. Protection of coastal resources;
11. Protection of historic resources;
12. Hurricane evacuation and sheltering;
13. Avoiding duplication of regulations; and
14. Reduction of flood risks that result from high tide events, storm surge, flash floods,
stormwater runoff, and the related impacts of sea level rise.
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OBJECTIVE 10.3: [page 45]
Maintain undeveloped coastal barriers, mapped as part of the Federal Coastal Barrier Resources
System, predominantly in their natural state and protect, maintain and enhance their natural
function as a defense against coastal flooding.
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Policy 10.3.6: [page 45]
Prohibit construction of structures seaward of the Coastal Construction SetbaGk Control Line on
undeveloped coastal barriers. Exception shall be for passive recreational structures, access
crossovers, and where enforcement would not allow any reasonable economic utilization of such
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Exhibit A PL20210001271
property. In the latter event, require construction that minimizes interference with natural function
of such coastal barrier system.
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Policy 10.4.7: [page 47]
Collier County shall prohibit construction seaward of the Coastal Construction SefbaG Control
Line except where such construction would be permitted pursuant to the provisions of the Florida
Coastal Zone Protection Act of 1985, and the Dennis L. Jones Beach and Shore Preservation Act
of 2012 (Florida Statutes, Chapter 161, Parts I and ll), and where such prohibition would result in
no reasonable economic utilization of the property in question, or for safety reasons. In such
cases, construction will be as far landward as is practicable and effects on the beach and dune
system and the natural functions of the coastal barrier system shall be minimized.
Policy 10.4.8: [page 47]
Collier County shall allow construction seaward of the Coastal Construction SefbaG Control Line
for public access and protection and activities related to restoration of beach resources. Such
construction shall not interfere with sea turtle nesting, will utilize native vegetation for dune
stabilization, will maintain the natural beach profile, will minimize interference with natural beach
dynamics, and, where appropriate, will restore the historical dunes with native vegetation.
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Policy 10.4.13: [page 48]
Development and redevelopment proposals shall consider the implications of petential rise in sea
level.
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Policy 10.5.4: [page 48]
The County shall not allow construction of any structure seaward of the Coastal Construction
SefbaG Control Line. Exceptions may be allowed for passive recreational structures, access
crossovers, and where enforcement would not allow any reasonable economic utilization of such
property. In the latter event, construction shall minimize interference with natural functions of
such beaches and dunes.
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Policy 10.5.9: [page 50]
The County shall prohibit construction seaward of the Coastal Construction SetbaGlE Control Line
except as follows:
a. GGRStFHGtiGn will be allewed fe For public access;
b. For protection and restoration of beach resources;
c. In cases of demonstrated land use related hardship or safety concerns as specified in The
1985 Florida Coastal Zone Protection Act, there shall be no shore armoring allowed except
in cases of public safety-; and
d. As otherwise allowed by the Dennis L. Jones Beach and Shore Preservation Act of 2012
(Florida Statutes, Chapter 161, Parts I and II).
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Policy 10.5.11: [page 50]
The County will waive all other non -safety related setback requirements and site planning
requirements before allowing construction seaward of the Coastal Construction SefbaGControl
Line.
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OBJECTIVE 12.2:
[page 54]
Ensure that publicly funded buildings and publicly funded development activities are carried out
in a manner that demonstrates best practice to minimize the loss of life, property, and re -building
cost from the affects from hurricanes, flooding, sea level rise, natural and technological disaster
events. Best practice efforts include, but are not limited to:
a. Construction above the flood plain;
b. maintaining a protective zone for wildfire mitigation;
c. installation of on -site permanent generators or temporary generator emergency
connection points;
d. beach and dune restoration, re -nourishment, or emergency protective actions to minimize
the loss of structures from future events;
e. emergency road repairs;
f. repair and/or replacement of publicly owned docking facilities, parking areas, and sea
walls, etc.
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GOAL 14:
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Exhibit A PL20210001271
TO FOSTER RESILIENCY BY COORDINATING WITH OUR MUNICIPALITIES, STATE AND
FEDERAL PARTNERS, AND OTHER EXPERTS TO EXCHANGE DATA AND DEVELOP
COORDINATED STRATEGIES TO ADDRESS THE IMPACTS OF SEA -LEVEL RISE.
OBJECTIVE 14.1:
Beginning in 2022 and every five years thereafter, the County shall adopt, implement, and pursue
strategies that foster resiliency in accordance with Section 163.3178 FS, which requires the
County to have specific requirements related to sea level rise, including a redevelopment
component that outlines the principles that must be used to eliminate inappropriate and unsafe
development in the coastal areas when opportunities arise, and:
1. Includes development and redevelopment principles, strategies and engineering solutions
that reduce the flood risk in coastal areas which results from hiah-tide events. storm surae.
flash floods, stormwater runoff, and the related impacts of sea -level rise.
2. Encourages the use of best practice development and redevelopment principles,
strategies, and engineering solutions that result in the removal of coastal real estate
property from flood zone designations established by the Federal Emergency
Management Agency.
3. Identifies site development techniques and best practices that may reduce losses due to
flooding and claims made under flood insurance policies.
4. Are consistent with the flood -resistant construction requirements in the Florida Building
Code and applicable flood plain management regulations set forth in 44 C.F.R. part 60.
5. Requires that any construction activities seaward of the coastal construction control lines
established pursuant to s. 161.053 be consistent with Chapter 161.
6. Encourages local governments to participate in the National Flood Insurance Program
Community Rating System administered by the Federal Emergency Management Agency
to achieve flood insurance premium discounts for residents.
Policy 14.1.1:
The County shall review and monitor the best available climate and local sea level data, including
but not limited to data from the National Oceanic and Atmospheric Administration (NOAA) Coastal
Services Center and the local Adaptation of Coastal Urban and Natural Ecosystems (ACUNE)
protect. The County shall consider potential effects of climate change and local sea level rise on
the need to reduce flood risks that result from high tide events storm surge, flash floods,
stormwater runoff, and the related impacts of sea level rise in evaluating public infrastructure and
natural resource decisions.
Policy 14.1.2:
The County shall evaluate and update the public infrastructure and resource protection standards
of the Land Development Code and this Plan as necessary.
Policy 14.1.3:
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Exhibit A PL2O21OOO1271
The County shall continue to support Chapter 161, Florida Statutes, Beach and Shore
Preservation, which sets forth guidelines for the regulation of beach construction and
reconstruction, beach and shore preservation, coastal zone protection, and coastal resources.
Policy 14.1.4:
The County shall consider the potential impacts from climate change, including rising sea levels
and shoreline stabilization needs, in its planning for infrastructure and public facilities.
Policy 14.1.5:
The County shall develop an adaptation action area designation for those low-lying coastal zones
that are experiencing coastal flooding due to extreme high tides and storm surge and are
vulnerable to the impacts of rising sea level. Local governments that adopt an adaptation action
area may consider policies within the coastal management element to improve resilience to
coastal flooding resulting from high -tide events, storm surge, flash floods, stormwater runoff, and
related impacts of sea -level rise. Criteria for the adaptation action area may include, but need not
be limited to areas for which the land elevations are below, at, or near mean higher high water,
which have a hydrologic connection to coastal waters or which are designated as evacuation
zones for storm surae.
Policy 14.1.6:
The County shall coordinate with local municipalities regarding sea level rise adaptation and
mitiaation measures.
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FLORIDA DEPARTMENT Of STATE
RON DESANTIS
Governor
May 16, 2022
Martha S. Vergara, BMR & VAB Senior Deputy Clerk
Office of the Clerk of the Circuit Court
& Comptroller of Collier County
3329 Tamiami Trail E, Suite #401
Naples, Florida 34112
Attention: Mende Ragan
Dear Martha Vergara:
LAUREL M.LEE
Secretary of State
Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your
electronic copy of Collier County Ordinance No. 2022-17, which was filed in this office on May 16, 2022.
Sincerely,
Anya Owens
Program Administrator
ACO/mas
R. A. Gray Building . 500 South Bronough Street • Tallahassee, Florida 32399-0250
Telephone: (850) 245-6270