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Ordinance 2024-43A ORDINANCE NO. 2024- 43 A 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 CAPITAL IMPROVEMENT ELEMENT TO CHANGE THE LEVEL OF SERVICE STANDARDS FOR COUNTY POTABLE WATER SYSTEMS AND COUNTY SANITARY SEWER-WASTEWATER TREATMENT SYSTEMS, DIRECTING TRANSMITTAL OF THE ADOPTION AMENDMENT TO THE FLORIDA DEPARTMENT OF COMMERCE, AND FURTHERMORE PROVIDING FOR SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE. [PL20240000400] 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 Capital Improvement Element; and WHEREAS, Collier County transmitted the Growth Management Plan amendment to the Department of Commerce for preliminary review on May 16, 2024, after public hearings before the Collier County Planning Commission and the Board of County Commissioners; and WHEREAS, the Department of Commerce 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 Commerce to adopt, adopt with changes or not adopt the proposed amendments to the Growth Management Plan; and [24-CMP-01211/1873011/1]45 Capital Improvement Element Page 1 of 3 6/17/24 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 July 18, 2024, and the Collier County Board of County Commissioners held on October 22, 2024; 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 Capital Improvement Element in accordance with Section 163.3184, Florida Statutes. The amendment is attached hereto as Exhibit"A" and incorporated herein by reference. SECTION TWO: TRANSMITTAL TO FLORIDA DEPARTMENT OF COMMERCE. The Board of Couty Commissioners directs transmittal of the adopted amendment to the Florida Department of Commerce. SECTION THREE: 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 FOUR: 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. [24-CMP-01211/1873011/1]45 Capital Improvement Element Page 2 of 3 6/17/24 PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida this,.2„7"A day of 0 be-r 2024. ATTEST:. . 5414 q BOARD OF COUNTY COMMISSIONERS CRYSTAL K.'RK1ZkL, CLERK COLLIER COUNTY, FLORIDA • BY: Attest airrnanCteputy Clerk CIA'j/(6(1('s Hall, Chairman sign e,gatu.. Approved as to form and legality: H idi Ash on- icko Managing Assistant County Attorney Attachment: Exhibit A—Text Amendment This ordinance filed with the S4SLetary of ?t,�,'�,Q,f�fic,,e, ;�f{ AV day of �'�f'! �^�'�: and acknowledgement f that fill . - eived thi day of By 1)1�r► OeovtY clam, [24-CMP-01211/1873011/1]45 Capital Improvement Element Page 3 of 3 6/17/24 CAPITAL IMPROVEMENT ELEMENT ******** ******** ******** ******** ******** ******** ***** OBJECTIVE 1: (PUBLIC FACILITY LEVEL OF SERVICE STANDARDS) [Page 2] Identify and define types of public facilities, establish standards for levels of service for each such public facility, and determine what quantity of additional public facilities is needed in order to achieve and maintain the standards. ******** ******** ******** ******** ******** ******** ***** Policy 1.5: [Page 5] The standards for levels of service of public facilities shall be as follows: ******** ******** ******** ******** ******** ******** ***** D. County Potable Water Systems: [Page 6] County Water District = 150 130 gallons per capita per day (gpcd) E. County Sanitary Sewer-Wastewater Treatment Systems: North Wastewater Treatment Scrvicc Area - 100 gallons per capita per day (gpcd) South Wastewater Treatment Service Area - 100 gallons per capita per day (gpcd) Wastewater Treatment Service Area = 90 gallons per capita per day (gpcd) [remainder of this page intentionally left blank] Words underlined are added; words struck through are deletions. ******** ******** indicates a break in text 06/17/2024 `, %tu s,,,,, 10. x -AO f FLORIDA DEPARTMENT Of STATE RON DESANTIS CORD BYRD Governor Secretary of State October 28, 2024 Crystal K. Kinzel, Clerk of Court Office of the Clerk of the Circuit Court & Comptroller of Collier County 3329 Tamiami Trail E, Suite #401 Naples, FL 34112 Dear Crystal Kinzel, Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your electronic copy of Collier County Ordinance No. 2024-43A, which was filed in this office on October 28, 2024. Sincerely, Alexandra Leijon Administrative Code and Register Director AL R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250 Telephone: (850) 245-6270