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Ordinance 2025-17 ORDINANCE NO. 2025- 1 7 AN ORDINANCE AMENDING ORDINANCE 89-05, AS AMENDED, THE COLLIER COUNTY GROWTH MANAGEMENT PLAN OF THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, RELATING TO STAFF- INITIATED REFORMATTING AND SPECIFICALLY AMENDING THE POTABLE WATER SUB-ELEMENT AND WASTEWATER TREATMENT SUB-ELEMENT OF THE PUBLIC FACILITIES ELEMENT; DIRECTING TRANSMITTAL OF THE ADOPTED AMENDMENT TO THE FLORIDA DEPARTMENT OF COMMERCE; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. [PL20230017521] 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 amend the Potable Water Sub-Element and Wastewater Treatment 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 Commerce for preliminary review on September 19, 2024, after public hearings before the Collier County Planning Commission and the Board of County Commissioners; and WHEREAS, the Department of Commerce 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 Commerce to adopt, adopt with changes or not adopt the proposed amendment to the Growth Management Plan; and [23-CMP-01206/1916341/1]146 GNP Clean Up/PL20230017521 1 of 3 Potable Water Sub-Element 1/15/25 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 hearings of the Collier County Planning Commission held on February 20, 2025, and the Collier County Board of County Commissioners held on March 25, 2025; 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 AMEND THE POTABLE WATER SUB-ELEMENT AND WASTEWATER TREATMENT SUB- ELEMENT OF THE PUBLIC FACILITIES ELEMENT The amendment to amend the Potable Water Sub-Element and Wastewater Treatment 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 Commerce. 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. [23-CMP-01206/1916341/1]146 GMP Clean Up/PL20230017521 2 of 3 Potable Water Sub-Element 1/15/25 PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida this day of in ox . , 2025. ATTEST:, BOARD OF COUNTY COMMISSIONERS CRYSTAL`K. K N7 L.,GLERK COLLIER COUNTY, FLORIDA By: By: urt , CG �— d Clerk L. Saunders, Chairman Attest as h rmare 1� tY signatt r bnly ,: Approved as to form and legality: Ot.nit (-// 4=101c- Heidi Ashton-Cicko 1-16-25 Managing Assistant County Attorney Attachment: Exhibit A—Potable Water Sub-Element and Wastewater Treatment Sub-Element of the Public Facilities Element This ordinance flied with the S cretor'/ of S •te's *ffic e day of � r and ocknowiedgeme%of that filar rece'vs:; this of �y tp ttAy1! [23-CMP-01206/1916341/1)146 GMP Clean Up/PL20230017521 3 of 3 Potable Water Sub-Element 1/15/25 PL20230017521 Exhibit A PUBLIC FACILITES ELEMENT/POTABLE WATER SUB-ELEMENT (As amended through Ordinance No. 2019-06, adopted May 14, 2019) GOAL: TO PROTECT THE HEALTH AND SAFETY OF THE PUBLIC BY ENSURING ACCESS TO ENVIRONMENTALLY SOUND,COST EFFECTIVE AND IMPLEMENTABLE POTABLE WATER FACILITIES AND SERVICES. *** *** *** *** *** *** *** *** *** *** *** Policy 2.2: Consistent with the growth policies of the Future Land Use Element of this Plan,provision of central potable water service by the County is limited to the service areas shown in this Plan and depicted on the Collier County Water District Existing and Future Potable Water Service Areas map(Figure PW-1); and to areas where the County has legal commitments to provide facilities and services as of the date of adoption of this Plan. Additionally, the County may serve Towns, Villages, Hamlets, and Compact Rural Developments within the Rural Lands Stewardship Area Overlay at the County's discretion;presently,the County has no plans to serve any portion of the Rural Lands Stewardship Are.Overlay. This Overlay is depicted on the countywide Future Land Use Map and map series. Within the Rural Lands Stewardship Area Overlay: Hamlets and those Compact Rural Developments one hundred(100)acres or less in size may be served by central potable water facilities; Towns,Villages,and those Compact Rural Developments greater than one hundred(100)acres in size are required to be served by central potable water facilities; and,Compact Rural Developments one hundred(100)acres or less in size may be required to be served by central potable water facilities,depending upon the permitted uses within the Compact Rural Development. These facilities may be provided by the private sector,an independent water authority,or some other non-County utility. *** *** *** *** *** *** *** *** *** *** *** Policy 2.4: Collier County shall permit development of potable water supply systems as follows: within the Designated Urban Areas of the Plan,including the outlying urban areas of Immokalee, Copeland, Chokoloskee,Plantation Island,and Port of the Islands; within the areas depicted on the Collier County Water District Existing and Future Potable Water Service Areas map(Figure PW-1); in Sending Lands within the Rural Fringe Mixed Use District when Density Blending,as provided for in the Density Rating System of the Future Land Use Element,is utilized; in Towns,Villages,Hamlets and Compact Rural Developments within the Rural Lands Stewardship Area Overlay; and, in areas where the County has legal commitments to provide facilities and services as of the date of adoption of this Plan.For lands located within the Collier County Water-Sewer District,but in which County water service is not currently available,non-County potable water supply systems shall only be allowed on an interim basis until County service is available. *** *** *** *** *** *** *** *** *** *** *** Policy 5.1: The County shall discourage urban sprawl by permitting universal availability of central potable water systems only:in the Designated Urban Area,in Receiving and certain Neutral Lands within the Rural Fringe Mixed Use District, in the Designated Urban-Rural Fringe Transition Zone Overlay, and in the Rural Settlement District,all of which are depicted on the Future Land Use Map,and in Towns,Villages,Hamlets and Compact Rural Developments within the Rural Lands Stewardship Area Overlay. These areas are further identified as: within the Collier County Water District Existing and Future Potable Water Service Areas depicted on Figure PW-1 of this Sub-Element, except the outlying urban areas of Immokalee, Copeland, Chokoloskee, Plantation Island, and Port of the Islands; or in Sending Lands within the Rural 1 Words underlined are added;words str-usk-th-reugh►are deleted. Row of asterisks (**** **** ""*")denotes break in text. Page 1 of 4 1-16-25 PL20230017521 Fringe Mixed Use District when Density Blending, as provided for in the Density Rating System of the Future Land Use Element, is utilized; within the Rural Lands Stewardship Area Overlay, as each Town, Village, Hamlet, and Compact Rural Development is designated;and, in areas where the County has legal commitments to provide facilities and service outside the Urban Area as of the date of adoption of this Plan. *** *** *** *** *** *** *** *** *** *** *** Policy 5.3: As provided for in the Rural Lands Stewardship Area Overlay, and in Policies 2.2 and 2.4 of this Sub- Element, central potable water systems are permitted in Towns, Villages, Hamlets, and Compact Rural Developments. Though not anticipated, it is possible that central potable water system distribution lines may extend through lands not designated as a Town,Village, Hamlet or Compact Rural Development; in such instance no properties designated other than as a Town, Village, Hamlet or Compact Rural Development are permitted to connect to these distribution lines. *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** REMAINDER OF PAGE INTENTIONALLY LEFT BLANK 2 Words underlined are added;words struek-through are deleted. Row of asterisks (**** "" "***)denotes break in text. Page 2 of 4 1-16-25 PL20230017521 Exhibit A PUBLIC FACILITES ELEMENT/WASTEWATER TREATMENT SUB-ELEMENT (As amended through Ordinance No. 2013-05, adopted January 8, 2013) GOAL: *** *** *** *** *** *** *** *** *** *** *** Policy 1.2: Consistent with the growth policies of the Future Land Use Element of this Plan, provision of central sanitary sewer service by the County is limited to:the service areas shown in this Plan and depicted on the Collier County Sewer District Existing and Future Sewer Service Areas map(Figure WT-1);Sending Lands within the Rural Fringe Mixed Use District when Density Blending, as provided for in the Density Rating System of the Future Land Use Element,is utilized;and,to areas where the County has legal commitments to provide facilities and services as of the date of adoption of this Plan. Additionally, the County, at its discretion,may serve Towns,Villages,Hamlets,and Compact Rural Developments within the Rural Lands Stewardship Area Overlay(RLSA); presently,the County has no plans to serve any portion of the RLSA. This Overlay is depicted on the countywide Future Land Use Map and map series. Within the RLSA: Hamlets and Compact Rural Developments one hundred(100)acres or less in size may be served by central sewer facilities;Towns,Villages and those Compact Rural Developments greater than one hundred(100)acres in size are required to be served by central sewer facilities; and, Compact Rural Developments that are one hundred(100)acres or less in size may be required to be served by central sewer facilities,depending upon the permitted uses within the Compact Rural Development. The private sector, Collier County, an independent wastewater authority, or some other non-County utility provider may provide these facilities. *** *** *** *** *** *** *** *** *** *** *** Policy 1.5: Collier County shall permit development of package sewage treatment plant systems in areas identified in Policy 1.2, on an interim basis until County service is available. The County shall allow individual septic systems within the County only when connection to an existing central system is not within 200 lineal feet of the closest property line. In portions of the County where septic systems are allowed, at such time as County service becomes available within 200 lineal feet of the property line, said septic systems will be required to connect to the appropriate centralized wastewater treatment system. Within the Rural Lands Stewardship Overlay, consistent with Policy 1.2:septic systems are permitted within Hamlets; septic systems may or may not be permitted in Compact Rural Developments one hundred(100)acres or less in size depending upon the permitted uses in the Compact Rural Development; and,septic systems are not permitted in Towns,Villages,and those Compact Rural Developments greater than one hundred(100)acres in size. However, in Towns,Villages, and those Compact Rural Developments greater than one hundred(100)acres in size, septic systems are allowed to serve no more than 100 acres,on an interim basis only,until centralized wastewater treatment system service is available. *** *** *** *** *** *** *** *** *** *** *** Policy 5.1 The County shall discourage urban sprawl by permitting universal availability of central sanitary sewer systems only: in the Designated Urban Area,in the Designated Urban-Rural Fringe Transition Zone Overlay, in Receiving and certain Neutral Lands within the Rural Fringe Mixed Use District, and in the Rural Settlement District, all of which are depicted on the Future Land Use Map,and in Towns,Villages, Hamlets,and Compact Rural Developments within the Rural Lands Stewardship Area Overlay. These 3 Words underlined are added;wordsthroughare deleted. Row of asterisks (**** **** ****)denotes break in text. Page 3 of 4 1-16-25 PL20230017521 areas are further identified as: within the Collier County Sewer District Existing and Future Sewer Service Areas depicted on Figure WT-1 of this Sub-element, except the outlying urban areas of Immokalee,Copeland,Chokoloskee,Plantation Island,and Port of the Islands;within the Rural Lands Stewardship Area Overlay, as each Town,Village,Hamlet and Compact Rural Development is designated;or in Sending Lands within the Rural Fringe Mixed Use District when Density Blending,as provided for in the Density Rating System of the Future Land Use Element,is utilized; and,in areas where the County has legal commitments to provide facilities and service outside the Urban Area as of the date of adoption of this Plan. *** *** *** *** *** *** *** *** *** *** *** Policy 5.3 As provided for in the Rural Lands Stewardship Area Overlay,and in Policy 1.2,central sewer facilities are permitted in Towns,Villages,Hamlets,and Compact Rural Developments. Though not anticipated, it is possible that central sanitary sewer collection lines may extend through lands not designated as a Town, Village,Hamlet or Compact Rural Development;no properties designated other than as a Town, Village; Hamlet or Compact Rural Development are permitted to connect to these collection lines. Under criteria, properties located outside of the existing sewer service area but within the future service area, as depicted on the Collier County Sewer District Existing and Future Sewer Service Areas map(Figure WT-1) of this Sub-Element,may be eligible for central sanitary sewer service from an existing public or private utility, subject to availability. Qualifying criteria shall be limited to the requirements and incentives established in the Future Land Use Element and Conservation and Coastal Management Element of this Plan to obtain preservation standards established for environmentally sensitive lands in the Sending Lands of the Rural Fringe Mixed Use District(RFMUD). Criteria for central sanitary sewer or wastewater treatment service eligibility may include,but are not limited to,plans for development which utilize creative planning techniques such as clustering,density blending,rural villages,and transfer of development rights (TDRs)from RFMUD Sending Lands. Criteria for eligibility may be amended and additional Sending and Receiving Lands may be designated in the future. Central Sanitary Sewer or wastewater treatment collection lines may extend through Sending Lands;however,no properties designated as Sending Lands may connect to the collection lines. *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** END OF TEXT EXHIBIT *** *** *** *** *** File location: Exhibit A text GMPA clean-up3 post-Trans G G:\CDFS Planning Services\Comprehensive\Comp Planning GMP DATA\Comp Plan Amendments\2023 GMPAs Large&SS\PL20230017521 Clean-up Changes-Text&Maps dw/1-13-2025 4 Words underlined are added;words Keugh are deleted. Row of asterisks (**** **** ****)denotes break in text. Page 4 of 4 1-16-25 FLORIDA DEPARTMENT Of STATE RON DESANTIS CORD BYRD Governor Secretary of State March 26, 2025 Crystal K. Kinzel Clerk of Court 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. 2025-17, which was filed in this office on March 26, 2025. Sincerely, Alexandra Leijon Administrative Code and Register Director AL/dp R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250 Telephone: (850) 245-6270