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Ordinance 2008-55 ORDINANCE NO. 08- 55 00 ..... 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 BY PROVIDING FOR AMENDMENTS TO THE CAPITAL IMPROVEMENT ELEMENT, INTERGOVERNMENTAL COORDINATION ELEMENT, FUTURE LAND USE ELEMENT AND FUTURE LAND USE MAP AND MAP SERIES, GOLDEN GATE AREA MASTER PLAN, IMMOKALEE AREA MASTER PLAN, AND ESTABLISHING A NEW PUBLIC SCHOOL FACILITIES ELEMENT, PROVIDING FOR SEVERABILITY AND..' PROVIDING FOR AN EFFECTIVE DATE. "'& ~., \ t"'41 \-$} 0) z., <0 \,. ~i!!~~6 j" ~"; -"-:'",\ . . . ~ .: 1 WHEREAS, Collier County, pursuant to Section 163.3161, et. sea., Floridastatut~, the.. Florida Local Government Comprehensive Planning and Land Development R~gulatiorr Aot, 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 Local Government Comprehensive Planning and Land Development Regulation Act of 1985 provides authority for local governments to amend their respective comprehensive plans and outlines certain procedures to amend adopted comprehensive plans pursuant to Sections 163.3184 and 163.3187, Florida Statutes; and WHEREAS, Collier County has prepared plan amendments to the Capital Improvement Element, the Intergovernmental Coordination Element, Future Land Use Element and Future Land Use Map and Map Series, Golden Gate Area Master Plan, and the Immokalee Area Master Plan; and WHEREAS, Collier County has prepared a new element to its Growth Management Plan as follows: Pubic School Facilities Element; and WHEREAS, Collier County did submit these Growth Management Plan amendments to the Department of Community Affairs for preliminary review on December 14, 2007; and WHEREAS, the Department of Community Affairs did review the amendments to the Capital Improvement Element, Intergovernmental Coordination Element, and the new Public School Facilities Element to the Growth Management Plan and transmitted its findings in writing to Collier County within the time provided by law; and WHEREAS, Collier County has 60 days from receipt of the Objections, Recommendations, and Comments Report from the Department of Community Affairs to adopt, adopt with changes or not adopt the proposed amendments to the Growth Management Plan; and WHEREAS, additional time was needed to allow Collier County to adopt a financially feasible Capital Improvement Element, to await the Objections, Recommendations and Comments (ORC) Report for the cities of Marco Island, Everglades, and Naples, and to coordinate responses to the County's and cities' ORC Reports, including revising the proposed amendments; 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 Capital Improvement Element, Intergovernmental Coordination Element and the new Public School Facilities Element, to the Growth Management Plan on October 14, 2008; and 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 documents entitled Collier County Growth Management Plan Amendments, and other documents, testimony and information presented and made a part of the record at the meetings of the Collier County Planning Commission held on August 29, 2008, and the Collier County Board of County Commissioners held on October 14, 2008; 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 amendments to the Capital Improvement Element, Intergovernmental Coordination Element, Future Land Use Element and Map Series, Golden Gate Area Master Plan Element, Immokalee Area Master Plan Element and the new Public School Facilities Element, in accordance with Section 163.3184, Florida Statutes. The text and maps of the amendments are attached hereto as Exhibit "A" and are incorporated by reference herein. 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. 2 SECTION THREE: EFFECTIVE DATE. The effective date of these amendments shall be the date a final order is issued by the Department of Community Affairs or Administration Commission finding the amendments in compliance in accordance with Section 163.3184, Florida Statutes, whichever occurs earlier, No development orders, development permits, or land uses dependent on these amendments may be issued or commence before it has become effective. If a final order of noncompliance is issued by the Administration Commission, these amendments 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, Florida this JL.(-M day of f)('/~ , 2008. ~- 1',. ..1 ATTEST:," , DWIGHT E~ IiROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER 7Y' FLO DA . ..._-J L. BY: TOM HENNING, Chairman Attest u 'to Cltet...... , .tgn.t.... Oft 1 II Approved as to form and legal suffiency: ~7.wl~ ~1MarjOrie M. Student-Stirling Assistant County Attorney Thi<; ordinorce fil"G with the ~~o,y of~Jg,U;;s...Q.H~1.l.1tJ ~. doy c.~, ~~ and acknowledgeme f :J:t ,'d" WThk Deputy . 3 EXHIBIT A COLLIER COUNTY GROWTH MANAGEMENT PLAN PUBLIC SCHOOL FACILITIES ELEMENT Prepared for COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Adopted. October. 2008 Words underlined are added; words struok tt:1rough are deleted Goal. Obiectives and Policies MaD Series TABLE OF CONTENTS Words underlined are added; words strlol6k thr-elolgh are deleted Paae ~ ~ GOAL. OBJECTIVES. AND POLICIES PUBLIC SCHOOL FACILITIES ELEMENT GOAL: TO PROVIDE FOR COORDINATED PLANNING BETWEEN THE COUNTY AND THE SCHOOL DISTRICT AND TO ESTABLISH A SCHOOL CONCURRENCY MANAGEMENT SYSTEM TO ENSURE ADEQUATE SCHOOL CAPACITY IS AVAILABLE TO ACCOMMODATE ENROLLMENT DEMAND AS IDENTIFIED IN THE SCHOOL DISTRICT'S FINANCIALLY FEASIBLE FIVE-YEAR CAPITAL IMPROVEMENT PLAN OBJECTIVE 1: SCHOOL CONCURRENCY MANAGEMENT SYSTEM Collier County shall adoct a school concurrency manaaement system to crovide school cacacity at an adocted level of service standard. measured within School Concurrency Service Area's (CSAs) for each school tyce (elementary. middle. hiQh) for the 10nQ term and five-year clannina ceriods. Policy 1.1: Level of Service (LOS) standards for CSAs shall be based ucon cermanent FISH cacacity: 100% for hiQh school CSAs: 95% for elementary school CSAs: and 95% for middle school CSAs, Policy 1.2: School CSAs shall be established less than district-wide throuah the merQer of Traffic Analysis Zones (TAZs) to establish secarate elementary school. middle school and hiQh schools CSAs aaainst which to measure the level of service standard. Policy 1.3: Prior to adoctina any chanae to the CSA boundaries. the County shall reauire that the School District verify that as a result of the chanae: A. The adocted LOS standards will be achieved and maintained by the end of the five-year clanninQ ceriod: and B. The utilization of school cacacity will be maximized to the areatest extent cossible. takina into account transcortation costs. court accroved deseareaation clans and other relevant factors, Policy 1.4: The County. in coniunction with the School District and municicalities within the County shall observe the followina crocess for modifYinQ CSA boundary macs: A. The School District. in coordination with local Qovernments. shall review the crocosed CSA boundaries and the data and analysis used to succort the chanQe. and determine whether or not a chanae is accrocriate considering Words underlined are added: words struGk through are deleted 2 criteria established in Policy 1.3, The School District shall transmit supportino data and analysis to the local aovernment for review and comment. B. Local oovernments shall review and comment on the proposed chanoes within forty-five (45) days of receipt. C. If the proposed chanoe is acceptable to the local oovernment. the chanoe to a CSA boundary shall become effective upon final approval of the new CSA boundary map bY the School Board. New maps of the CSA boundaries shall also be included as data and analysis in support of the local aovernment PSFEs, Policy 1.5: The County. in coniunction with the School District and municipalities within the County shall observe the followino process for chanaes in the use of schools: A. At such time as the School District determines that a chanae in the school facility type is appropriate. considerino the current use of the school and utilization reauirements. the School District shall transmit the proposed school chanae in use with the supportina data and analysis for the chanaes to the local aovernments for review and comment. B. Local oovernments shall review and comment on the proposed chanaes within forty-five (45) days of receipt. C. If acceptable to local aovernments. the chanae to a school use shall become effective upon final approval of the new use of the school by the School Board. OBJECTIVE 2: RESIDENTIAL DEVELOPMENT REVIEW The County. in cooperation with the School District. shall ensure a school concurrency evaluation is performed on all non-exempt residential development to verify that new students can be accommodated within the adopted level of service standard established for each school type as measured within a CSA. Policy 2.1 : The County shall not approve any non-exempt residential development application for a new residential preliminary plat. site plan or functional eauivalent until the School District has issued a School Capacity Availability Determination Letter (SCADL) verifYina available capacity to serve the development. Policy 2.2: The County shall consider the followino residential uses exempt from the reauirements of school concurrency: A. Sinale family and mobile home lots of record. existina as of the effective date of school concurrency. B. Any new residential development that has a final plat or site plan approval or the Words underlined are added; words struck through are deleted 3 functional eauivalent of a site soecific develooment order as of the effective date of school concurrency, C. Anv amendment to any oreviouslv aooroved residential develooment order that does not increase the number of dwellino units or chanae the dwellina unit tvoe (e.o. sinale-familv to multi-familv). D. Aoe-restricted communities with no permanent residents under the aae of 18. Exemotion of an aae-restricted community will be subiect to a restrictive covenant limitina the aoe of permanent residents to 18 years and older. E. All new residential olats and site plans (or functional eauivalent). or amendments to oreviouslv aooroved residential develooment orders. which are calculated to aenerate less than one student. Such develooment shall be subiect to payment of school imoact fees. F. Develooment that has been authorized as a Develooment of Reaional Imoact oursuant to Chaoter 380. F.S.. as of Julv 1. 2005. Policy 2.3: The County. throuoh its land develooment reoulations. and in coniunction with the School District. shall establish a school concurrency review orocess for all residential develooment oroiects that are not exemot under Policv 2,2 of this Element. The followina are the minimum review orocess reauirements for all non-exemot residential develooment: A. Submittal of a residential develooment aoolication includina a School Imoact Analvsis (SIA) to the County for sufficiency review. B. Determination of comoleteness bv the County. If deemed comolete. the County shall transmit the aoolication. includina the SIA. to the School District for review. C. Review of the aoolication. bv the School District. for available caoacitv. and issuance of a School Caoacitv Availabilitv Determination Letter (SCADU within 20 days after receiot of a comolete aoolication from the County. The School District shall identify the followina in the SCADL: 1. Available caoacitv within the affected CSA. 2. If caoacitv is not available within the affected CSA. the available caoacity within one or more of the adiacent CSAs. (If the affected CSA does not contain a oarticular school tyoe (elementary. middle. hioht the adiacent CSAs shall be evaluated for available caoacity.) 3, If caoacity is not available in the adiacent CSAs. the School District shall indicate that the develooment is not in comoliance with the adooted LOSS and offer the aoolicant the oooortunity to neaotiate a mitioation plan within a 90 day oeriod. Words underlined are added; words slrl;Jok tARill;Jgh are deleted 4 The Interlocal Aareement for Public School Facility Plannina and School Concurrency and this Public School Facilities Element shall provide the process necessary to determine available school capacity for all residential proiects that are not exempt under Policy 2.2 of this Element. until such time as land development reoulations (LDRs) are adopted. In the event that one of the documents listed above is not in effect prior to LDR adoption. the other document shall provide the process necessary to determine available school capacity for all non-exempt residential proiects. Policy 2.4: The County. in coniunction with the School District. shall review an applicant's residential development proposal for proportionate share mitiaation proiects to add the school capacity necessary to satisfy the impacts of the proposed residential development. A. Mitioation options may include. but are not limited to: 2. Contribution of land or payment for land acauisition in coni unction with the provision of additional school capacity: or 3. Mitioation ban kino based on the construction of a public school facility in exchanae for the rioht to sell capacity credits: or 4. Donation of buildinos for use as a primary or alternative learnino facility: or 5. Renovation of existina buildinas for use as learnina facilities: or 6. Construction or expansion of permanent student stations or core capacity: or 7. Construction of a public school facility in advance of the time set forth in the School District Five-Year Capital Facilities Plan. B. If mitioation is approved. the County and the School District shall enter into an enforceable bindina aareement with the applicant. The improvement(s) must be directed by the School District toward a school capacity improvement( s) identified in the School District's Five Year Capital Plan. and the improvement(s) must be reflected in the next update to the County's Capital Improvements Element. Followina execution of the Aoreement. the School District shall issue a SCADL verifyina available capacity to support the development. C. If mitiaation is denied. the County must deny the application based upon a lack of available school capacity. Policy 2.5: Within one (1) year from the effective date of the School Concurrency Growth Manaoement Plan amendments. the County shall adopt school concurrency provisions into its Land Development Regulations (LDRs) to implement school concurrency. Words underlined are added; words struck tf:lr9ugh are deleted 5 OBJECTIVE 3: The County and the School District will: coordinate the location of public schools with the Future Land Use Map and map series to ensure that existina and proposed school facilities are located consistent with existina and proposed residential areas they serve and are proximate to appropriate existina and future land uses. and serve as community focal points: coordinate the location of public school facilities relative to the location of other public facilities such as parks. libraries and community centers to the extent possible: coordinate existina and planned public school facilities with the plans for supportina infrastructure: establish a monitorina aroup: and address coordination on emeraency preparedness issues. Policy 3.1: The County. in coniunction with the School District. shall iointly determine the need for, and timina of. on-site and off-site improvements necessary to support new schools. proposed expansions. construction that chanaes the primary use of a facility. stadium construction. or construction that results in a areater than five percent increase in student capacity. on a case by case basis. at the time of site plannina. Policy 3.2: Prior to commencement of construction of a new school. the County shall enter into an aareement with the School Board identifYina the timina. location. and the party or parties responsible for the plannina. constructina. operatina. and maintainina infrastructure improvements necessary to support a new school or school improvement. and ensure that the necessary infrastructure is in place prior to or concurrent with school construction. Policy 3.3: The County shall review all proposals for new public schools. school expansions. or the redevelopment of existina schools to determine compatibility of school sites and surroundinc land uses. County staff shall consider standards such as. but not limited to. buildina setbacks. bufferina. traffic calmina. and noise and alare attenuation. County staff shall provide comments to the School District for incorporation into the site plan. Policy 3.4: The County, in coniunction with the School District. shall seek opportunities to co-locate schools with public facilities. such as parks. libraries. and community centers. as the need for these facilities is identified. A separate aareement between the School District and the County or other appropriate entity. will be developed for each instance of co-location and shared use which addresses leaal liability. operatina and maintenance costs. schedulina of use. and facility supervision. Words underlined are added; words strl:lsk thr9l,J!1Ih are deleted 6 Policy 3.5: The County. municipalities within the County. and the School District shall coordinate on emeraency preparedness issues. Policy 3.6: The County. in coni unction with the School District. shall establish a Citizen Advisory Group (CAG) to monitor planninq and school concurrency in Collier County. OBJECTIVE 4: The County shall adopt by reference into its Capital Improvement Element (CIE), the School District's annually updated financially feasible Five-Year Capital Improvement Plan. The District's Five-Year Capital Improvement Plan shall identify the financially feasible school facility capacity proiects necessary to address existinq deficiencies and future needs based upon achievinq and maintainina the adopted LOS standard for schools. Policy 4.1 : No later than December 1st of each year. and in accordance with CIE Policy 4.2. the County shall adopt. by reference. into the Schedule of Capital Improvements - Public School Facilities within the CIE in this Comprehensive Plan. the School District's annuallY updated and financiallY feasible Five-Year Capita/Improvement Plan, Policy 4.2: The County. in coniunction with the School District. shall annually review the Public School Faci/ities Element and maintain a public school facilities map series consistent with the Future Land Use Map Series. This Map Series is adopted as part of this Element. and includes: A. One or more maps which identify the location of existina public school facilities by type. and the location of existinq ancillary plants. B. One or more maps which identify the aeneral location and type of public school facilities and ancillary plants anticipated over the five-year p/annino period and the lona-ranoe plannina period. Policy 4.3: The County. in coniunction with the School District. shall coordinate the lona ranae public school facilities needs over the five and ten year plannino periods with its Comprehensive Plan. includina the Future Land Use Map and map series. to provide sufficient land use cateoories proximate to residential development in which public schools are allowed. and include criteria to encouraae the location of schools proximate to urban residential areas to the extent possible. pursuant to Section 163.3177(6)(a). F,S, Words underlined are added; words struck tl'll'9lJgh are deleted 7 MAP SERIES Existina School and Ancillary Facilities MaD Future Schools and Ancillary Facilities MaD Words underlined are added; words struck thr-ough are deleted 8 CP8M ~ .70 (ADD MAP) Words underlined are added; words struok thrEll:J!il1:1 are deleted 9 ~., ,...,., ,?-,::~-~] ....' , f"---'l --~. ...-......u :y 1-,,- ,-,- I I I---.~- -.........-..~- ..."..-...-.,"-- .0 .....---- '"'-........ ,. ~~ .' ~~.... ~ --..... . ... -..--- (ADD MAP) Words underlined are added; words struok ttlml,Jgh are deleted 10 EXHIBIT A COLLIER COUNTY GROWTH MANAGEMENT PLAN CAPITAL IMPROVEMENT ELEMENT Prepared By Collier County Planning Services Department Comprehensive Planning Section Prepared for COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Adopted October, 1997 AMENDMENTS TO COLLIER COUNTY GROWTH MANAGEMENT PLAN CAPITAL IMPROVEMENT ELEMENT SYMBOL (I) (II) (III) (IV) (V) (VI) (VII ) (VIII) (IX) DATE AMENDED February 23, 1999 May 9, 2000 November 19, 2002 September 10, 2003 December 16, 2003 October 26, 2004 June 7, 2005 January 29, 2008 October 14. 2008 ORDINANCE NO. Ordinance No. 99-14 Ordinance No. 2000-31 Ordinance No. 2002-60 Ordinance No. 2003-44 Ordinance No. 2003-67 Ordinance No. 2004-71 Ordinance No. 2005-25 **Ordinance No. 2008-04 Ordinance No. 2008- ** Based on 2007 Partial Stipulated Settlement Agreement between Collier County, Petitioners-in-Intervention, and the Florida Department of Community Affairs approved by the Board of County Commissioners on December 11, 2007, affecting EAR-based CIE amendments originally adopted January 25,2007 by Ordinance No. 2007-07 * Indicates adopted portion Note: Support documents will be updated as current information becomes available. (VIII) = Plan Amendment by Ordinance No. 2008-04 on January 29, 2008 Words underlined are added; words struck tAf811gh are deleted Row of asterisks denote break in text I. * II. * III. * IV. * V. TABLE OF CONTENTS INTRODUCTION CAPITAL IMPROVEMENT GOALS, OBJECTIVES AND POLICIES IMPLEMENTATION SCHEDULE OF CAPITAL IMPROVEMENTS 5-YEAR SCHEDULE Road Projects Park and Recreation Projects Stormwater Management Projects Potable Water Projects Solid Waste Projects Sewer - Wastewater Projects Public School Facilities Proiects COST AND REVENUE SUMMARY TABLE Footnotes PROGRAMS TO ENSURE IMPLEMENTATION * VI. DOCUMENTS ADOPTED BY REFERENCE The District School Board of Collier County Five-Year Capital Improvement Program VI!. DATA AND ANALYSIS (Support Documents) Public Facility Requirements Capital Improvements Projects Capital Improvement Financing Capacity Collior County School Board Capital Improvement Program The District School Board of Collier County Five-Year District Facilities Work Proaram Timing & Location of Capital Improvements: Current Local Practices Financing Plan Collier County Annual Update & Inventory Report (AUIR) on Public Facilities Paae CIE -1 CIE - 2 CIE - 1~ CIE - 1~ - 2~ CIE - 2Z' CIE - 2p CIE - 2~8 Appendix A Appendix B Appendix C Appendix D ADDendix D Appendix E Appendix F Appendix G (VIII) = Plan Amendment by Ordinance No. 2008-04 on January 29,2008 Words underlined are added; words struok throllgh are deleted Row of asterisks denote break in text Schedule of Capital Improvements for Future 5-Year Period** Appendix H Itemized Revenue Source Explanations** Appendix I ** Adopted portions Portions not adopted but part of supporting data and analysis provided to Department of Community Affairs as attachments to the January 2008 Settlement Agreement Plan amendment materials, * (VIII) = Plan Amendment by Ordinance No. 2008-04 on January 29, 2008 Words underlined are added; words strl:lsk thrs\,Jgh are deleted Row of asterisks denote break in text I. INTRODUCTION In 1985 and 1986, the Florida Legislature significantly strengthened the requirements for county and city comprehensive plans. One of the provisions of the Local Government Comprehensive Planning and Land Development Regulation Act is the requirement that the comprehensive plan must contain a Capital Improvement Element to "...consider the needs for and location of public facilities..." (Section 163.3177(3), Florida Statutes), The Capital Improvement Element (CIE) must identify public facilities that will be required during the next five years, including the cost of the facilities, and the sources of revenue that will be used to fund the facilities, One of the specific requirements of the legislation states that the public facilities that are contained in the CIE must be based on "standards to ensure the availability of public facilities and the adequacy of those facilities including acceptable levels of service." The administrative regulation that implements the statutes defines the phrase "level of service" as "... an indicator of the extent or degree of service provided by... a facility based on and related to the operational characteristics of the facility. Level of service shall indicate the capacity per unit of demand for each public facility." (Section 9J-5.003 (41), Florida Administrative Code), (VIII) = Plan Amendment by Ordinance No. 2008-04 on January 29, 2008 CIE-1 Words underlined are added; words struck through are deleted Row of asterisks denote break in text II. CAPITAL IMPROVEMENT GOALS, OBJECTIVES AND POLICIES (VIII) GOAL: TO PROVIDE ADEQUATE PUBLIC FACILITIES CONCURRENT WITH NEW DEVELOPMENT IN ORDER TO ACHIEVE AND MAINTAIN OR EXCEED ADOPTED STANDARDS FOR LEVELS OF SERVICE. (VIII) OBJECTIVE 1 (PUBLIC FACILITY LEVEL OF SERVICE STANDARDS): Identify and define types of public facilities for which the County if> rOf>ponf>iblo, 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. (VIII) Policy 1.1 : The County shall establish standards for levels of service for public facilities, as follows: (VIII) Public facilities are facilities which appear in other elements of this comprehensive plan, including arterial and collector roads, surface water management systems, potable water systems, sanitary sewer systems, solid waste disposal facilities, aM parks and recreation facilities and public school facilities. The standards for levels of service of County provided public facilities shall apply to development orders issued by the County and to the County's annual budget, and to the appropriate individual element of this Comprehensive Plan. The standards for levels of service of public facilities which are not County provided shall apply to development orders issued by the County and to the appropriate individual element of this Comprehensive Plan, but shall not apply to the County's annual budget. (VIII) Public facilities shall include land, structures, the initial furnishings and equipment, design, permitting, and construction costs. Other "capital" costs, such as motor vehicles and motorized equipment, computers and office equipment, office furnishings, and small tools are considered in the County's annual budget, but such items are not "public facilities" for the purposes of the Growth Management Plan, or the issuance of development orders. (VIII) Policy 1.2: The quantity of public facilities that is needed to eliminate existing deficiencies and to meet the needs of future growth shall be determined for each public facility by the following calculation: Q = (S x D) - I. Where Q is the quantity of public facility needed, S is the standard for level of service, D is the demand, such as the population, and I is the inventory of existing facilities. A. The calculation will be used for existing demand in order to determine existing deficiencies, The calculation will be used for projected demand in order to determine needs of future growth. The estimates of projected demand will account for demand that is likely to occur from previously issued development orders as well as future growth. (VIII) = Plan Amendment by Ordinance No. 2008-04 on January 29, 2008 CIE-2 Words underlined are added; words struok through are deleted Row of asterisks denote break in text (II)(III)(IV)(VIII) B. The Board of County Commissioners shall review all rezone petitions, SRA designation applications, conditional use petitions, and proposed amendments to the Future Land Use Element (FLUE) affecting the overall countywide density or intensity of permissible development, with consideration of their impact on both the variable "D" in the formula Q = (S x D) - I, and the overall County transportation system. The Board shall not approve any such petition or application which would directly access a deficient roadway segment or if it impacts an adjacent roadway segment that is deficient, or which significantly impacts either: (1) a deficient roadway segment or adjacent roadway segment; or (2) the seasonal population based upon the Bureau of Economic and Business Research at the University of Florida (BEBR) medium range growth rate population projections, for all public facilities, for the variable "D", unless one of the three items listed below simultaneously occurs: (VIII) (a) Specific mitigating stipulations are approved in conjunction with the rezone or SRA designation resolution, conditional use petition, or FLUE amendment, to restore or maintain the Level of Service on the impacted roadway segment; (II)(VIII) (b) The adopted population standard used for calculation of "Q" in the formula Q = (S x D) -I is amended based on appropriate data and analysis; (VIII) (c) The Schedule of Capital Improvements is updated to include any necessary projects that would support the additional public facility demand(s) created by the rezone, SRA designation resolution, conditional use petition, or amendment to the Future Land Use Element. (III)(VIII) C. Significant impact is hereby defined for Section B of this Policy as generating potential for increased countywide population greater than 2% of the population projections for parks, solid waste, potable water, sanitary sewer, and drainage facilities, or as generating a volume of traffic equal to or greater than 2% of the adopted LOS standard service volume of an impacted roadway. (VIII) D. There are three circumstances in which the standards for levels of service are not the exclusive determinant of need for a public facility: 1. Calculated needs for public facilities in coastal high hazard areas are subject to all limitations and conditions in the Conservation and Coastal Management and Future Land Use Elements of this Growth Management Plan. (11)(11I) 2. Replacement of obsolete or worn out facilities, and repair, remodeling and renovation, will be determined by the Board of County Commissioners upon the recommendation of the County Manager. 3. Public facilities that provide levels of service in excess of the standards adopted in this Growth Management Plan may be constructed or acquired at any (VIII) = Plan Amendment by Ordinance No. 2008-04 on January 29, 2008 CIE-3 Words underlined are added; words struck through are deleted Row of asterisks denote break in text time as long as the following conditions are met: a. the facility does not make financially unfeasible any public facility of the same type that is needed to achieve or maintain the standards for levels of service adopted in this Growth Management Plan, and b. the facility does not contradict, limit or substantially change the goals, objectives and policies of any element of this Growth Management Plan. (VIII) Any public facility that is determined to be needed as a result of any of the factors listed in Section Band D of this Policy shall be included in the regular Schedule of Capital Improvements contained in this Capital Improvement Element. All capital improvement projects for such public facilities shall be approved in the same manner as the projects that are identified according to the quantitative analysis described in Section A of this policy. Population definitions as used in this Capital Improvement Element and other elements are provided below. (VIII) Permanent Population is the population projection figure based on Bureau of Economic and Business Research at the University of Florida (BEBR) medium range growth rate population projections. The population projection figure is then converted from April 1 to October 1, which is the beginning of the fiscal year for Collier County. (VIII) Seasonal Population is the BEBR population figure (described above) converted to its October 1 figure, increased by 20% for all areas of the County to reflect the increase of seasonal part-time residents and visitors. (VIII) Unincorporated Area Seasonal Population is the seasonal population figure (described above) for unincorporated Collier County only, adjusted to represent how seasonal residents utilize certain park facilities differently. (VIII) Policy 1.3: The determination of location of improvements to expand public facilities will take into consideration the projected growth patterns as identified in the County's annual population projections. Where applicable, public facility improvements will be coordinated with the capital facility plans of any other governmental entity providing public facilities within Collier County. (VIII) Policy 1.4: Public facility improvements are to be considered in the following order or priority: A. Replacement of obsolete or worn out facilities, including repair, remodeling and renovation of facilities that,contribute to achieving or maintaining levels of service. B. New facilities that reduce or eliminate existing deficiencies in levels of service. (VIII) C, New facilities that provide the adopted levels of service for new growth during the next five fiscal years, as updated by the annual review of this Capital Improvement Element. In the event that the planned capacity of public facilities is insufficient to (VIII) = Plan Amendment by Ordinance No. 2008-04 on January 29, 2008 CIE-4 Words underlined are added; words struGk tl1rough are deleted Row of asterisks denote break in text serve all applicants for development orders, the capital improvements will be scheduled in the following priority order to serve: (III) 1. previously approved development orders permitting redevelopment, (III) 2. previously approved development orders permitting new development, (III) 3. new development orders permitting redevelopment, and (III) 4. new development orders permitting new developments, D, Improvements to existing facilities, and new facilities that significantly reduce the operating cost of providing a service or facility, E. New facilities that exceed the adopted levels of service for new growth during the next five fiscal years by either: 1. providing excess public facility capacity that may be needed by future growth beyond the next five fiscal years, or 2. providing higher quality public facilities than are contemplated in the County's normal design criteria for such facilities, (VIII) Policy 1.5: The standards for levels of service of public facilities shall be as follows: (III){VIII) A. Roadways: (VIII)1. Arterials and collector roads: Level of Service as indicated below on the basis of peak hour, traffic volume: Level of Service "E" on all six-lane roads: (1I1){VIII) 2. Level of Service "D" peak hour on all other County and State arterial and collector roads not on the Florida Intrastate Highway System (FIHS). I)(II)(III)(VIII) B. State and Federal Roads: Collier County sets and adopts the LOS standards for state roads with the exception of those on the Florida Intrastate Highway System (FIHS). In Collier County, FDOT sets and maintains the LOS for 1-75. The standards for 1-75 are as follows: 1-75 EXISTING RURAL AREA B EXISTING URBANIZED AREA C TRANSITIONING URBANIZED AREA C (VIII) C. County Surface Water Management Systems: (VIII) 1. Future "private" developments - water quantity and quality standards as specified in Collier County Ordinances 74-50 and 90-10. Existing "private" developments and existing or future public drainage facilities - those existing levels of service identified (by design storm return frequency event) by the completed portions of the Water Management Master Plan as listed in the Drainage/Water Management Sub-element of the Public Facilities Element. (VIII) 2. (VIII) = Plan Amendment by Ordinance No. 2008-04 on January 29, 2008 CIE-5 Words underlined are added; words struck through are deleted Row of asterisks denote break in text I)(IV)(VIII) D. County Potable Water Systems: (VIII) 1. County systems: County Water District = 185 gallons per capita per day Goodland Water District = 185 gallons per capita per day (III)(IV)(VIII) 2, City of Naples = 185 gallons per capita per day in the unincorporated service area Everglades City = 185 gallons per capita per day in the unincorporated service area (VIII) 3. Private potable water systems: Sewage flow design standards as identified in Policy 3.1 of the Potable Water Sub- element of this Growth Management Plan. (I)(VIII) E. County Sanitary Sewer Systems: (1I1)(VIII) 1. County systems: North Sewer Service Area = 145 gallons per capita per day South Sewer Service Area = 100 gallons per capita per day Southeast Sewer Service Area = 120 gallons per capita per day Northeast Sewer Service Area = 120 gallons per capita per day (III)(IV)(VIII) 2. (VIII) 3. City of Naples = 145 gallons per capita per day in the unincorporated service area Private sanitary sewer systems: Sewage flow design standards as identified in Policy 2.1 of the Sanitary Sewer Sub- element of this Growth Management Plan. (II)(VIII) F. County Solid Waste Disposal Facilities: (VIII) 1. Two years of constructed lined cell capacity at the average disposal rate for the previous three (3) years (VIII) 2. Ten years of permittable capacity at the average disposal rate for the previous three (3) years. (III)(VIII) G. County Parks and Recreation Facilities: (VIII) 1. Regional Park land = 2.9412 acres per 1,OOO/pop. (VIII) 2. Community Park land = 1.2882 acres per 1,000/pop. (unincorporated) (III)(VIII) 3. Recreation Facilities = $270.00 capital investment per capita H. Public School Facilities 1. 2. 3. Elementarv schools Middle schools Hiah schools = 95 percent of CSA Enrollment/FISH Capacity = 95 percent of CSA Enrollment/FISH Capacity = 100 percent of CSA Enrollment/FISH Capacity (VIII) = Plan Amendment by Ordinance No. 2008-04 on January 29, 2008 CIE-6 Words underlined are added; words struck through are deleted Row of asterisks denote break in text (VIII) OBJECTIVE 2 (FINANCIAL FEASIBILITY): Provide public facilities, as described in Policy 1.1 above, in order to maintain adopted level of service standards that are within the ability of the County to fund, or within the County's authority to require others to provide. or as provided by the School District within their financiallY feasible Five-Year Capital Improvement Plan. formally adopted by the School Board between July 1 and October 1 of each year. With the exception of public school facilities. ~xisting public facility deficiencies measured against the adopted level of service standards will be eliminated with revenues generated by ad valorem taxes and other intergovernmental revenues received based on economic activity. Future development will bear a proportionate cost of facility improvements necessitated by growth. Future development's payments may take the form of, but are not limited to, voluntary contributions for the benefit of any public facility, impact fees, dedications of land, provision of public facilities, and future payments of user fees, special assessments and taxes. (VIII) Policy 2.1: The estimated capital expenditures for all needed public facilities shall not exceed conservative estimates of revenues from sources that are available to the County pursuant to current law, (VIII) Policy 2.1 : Capital expenditures for public facilities shall not draw revenues from sources which have been rejected by referendum, if a referendum is required to enact a source of revenue. (VIII) Policy 2.2: Existing and future development shall both pay for the costs of needed public facilities. Existing development shall pay for some or all facilities that reduce or eliminate existing deficiencies, some or all of the replacement of obsolete or worn out facilities, and pay a portion of the cost of facilities needed by future development but only as a last funding alternative where impact fees and other sources of revenue are insufficient to pay for the costs of facilities attributed to future development. Both existing and future development may have part of their costs paid by grants, entitlements or public facilities from other levels of government and independent districts. (VIII) Policy 2.3: Public facilities financed by County enterprise funds (Le., potable water, sanitary sewer and solid waste) may be financed by debt to be repaid by user fees and charges for enterprise services, or the facilities may be financed from current assets (i.e., reserves, surpluses and current revenue). (III)(VIII) Policy 2.4: Public facilities financed by non-enterprise funds (i.e., roads, surface water management, and parks and recreation) shall be financed from current revenues and assets and Revenue Bonds approved by the Board of County Commissioners. Debt financing shall not be used to provide excess capacity in non-enterprise public facilities unless the excess capacity is an unavoidable result of a capital improvement that is needed to achieve or maintain standards for levels of service. Notwithstanding other provisions of this policy, general obligation bonds approved by referendum may be used for any public facilities to acquire capacity needed within the Schedule of Capital Improvements or for excess capacity. (VIII) = Plan Amendment by Ordinance No. 2008-04 on January 29, 2008 CIE-7 Words underlined are added; words struok 1/:1r-eugh are deleted Row of asterisks denote break in text (VIII)Policy 2.5: The County shall not provide a public facility, nor shall it accept the provision of a public facility by others, if the County is unable to pay for the subsequent annual operating and maintenance costs of the facility. (VIII) Policy 2.6: The County shall continue to collect Road Impact Fees for road facilities requiring the same level of service standard as adopted in Policy 1,5 of this element in order to assess new development a pro rata share of the costs required to finance transportation improvements necessitated by such development. (II)(VIII) Policy 2.7: The County shall continue to collect impact fees for Parks and Recreation facilities and Public Schools requiring the same level of service standard as adopted in Policy 1,5 of this element in order to assess new development a pro rata share of the costs required to finance Parks and Recreation improvements and Public Schools necessitated by such development. (VIII) Policy 2.8: If, for any reason, the County cannot provide revenue sources identified as needed funding for specific projects within the County's adopted Schedule of Capital Improvements, the Growth Management Plan shall be amended based on one or more of the following actions: A. Remove through a plan amendment facility improvements or new facilities from the adopted Schedule of Capital Improvements that exceed the adopted levels of service for the growth during the next five (5) fiscal years; B, Remove from the adopted Schedule of Capital Improvements through a plan amendment facility improvements or new facilities that reduce the operating cost of providing a service or facility but do not provide additional facility capacity; C. Where feasible, transfer funds from a funded Non-Capital Improvement Element capital project in order to fund an identified deficient Capital Improvement Element public facility. The resulting revisions shall be reflected in the required annual update. D. Lower the adopted level of service standard through a plan amendment for the facility for which funding cannot be obtained. E. Do not issue development orders that would continue to cause a deficiency based on the facility's adopted level of service standard. (VIII) Policy 2.9: Collier County will not exceed a maximum ratio of total general governmental debt service to bondable revenues from current sources of 13%. Whereas Florida Statutes place no limitation on (VIII) = Plan Amendment by Ordinance No. 2008-04 on January 29, 2008 CIE-8 Words underlined are added; words stFUck thrsl:lgh are deleted Row of asterisks denote break in text the application of revenues to debt service by local taxing authorities, prudent fiscal management dictates a self-imposed level of constraint. Current bondable revenues are ad valorem taxes and State-shared revenues, specifically gas taxes and the half-cent sales tax. The Enterprise Funds operate under revenue bonding ratios set by the financial markets and are, therefore, excluded from this debt policy. (VIII) OBJECTIVE 3 (PUBLIC EXPENDITURES: COASTAL HIGH HAZARD AREA): Effective with plan implementation public expenditures in the coastal high hazard area shall be limited to those facilities, as described in Policy 1.1 above, needed to support new development to the extent permitted in the Future Land Use Element. In addition, public expenditures shall include the maintenance of existing public facilities and beach renourishment, and may include beach, shore and waterway access. (VIII)Policy 3.1: The County shall continue to expend funds within the coastal high hazard area for the replacement and maintenance of public facilities identified in the Conservation and Coastal Management Element including, but not limited to arterial and collector roads, sanitary sewer service systems, potable water supply systems, surface water management systems, solid waste collection and disposal systems, natural groundwater aquifer recharge areas, and parks and recreation facilities. (VIII) Policy 3.2: Within the coastal high hazard area, the calculated needs for public facilities, as represented in the Schedule of Capital Improvements, will be based on the County's adopted level of service standards and projections of future growth allowed by the Future Land Use Element. (III)(VIII) Policy 3.3: The County shall continue to support public access to beaches, shores and waterways. (VIII) OBJECTIVE 4 (PROVIDE NEEDED IMPROVEMENTS): The County shall coordinate its land use planning and decisions with its plans for public facility capital improvements, as described in Policy 1.1 above, by providing needed capital improvements for replacement of obsolete or worn out facilities, eliminating existing deficiencies, and future development and redevelopment caused by previously issued and new development orders. (III)(VIII) Policy 4.1 : The County shall provide, or arrange for others to provide, the public facilities listed in the Schedule of Capital Improvements. The Schedule of Capital Improvements shall be uodated annuallvand may also be modified as follows: A. The Sohedule of Capital Improvemonts shall be updated annually. 88. Pursuant to Florida Statutes 163.3187, the Schedule of Capital Improvements may be amended two times during any calendar year, and as allowed for emergencies, developments of regional impact, and certain small scale development activities. (VIII) = Plan Amendment by Ordinance No. 2008-04 on January 29, 2008 CIE-9 Words underlined are added; words struck through are deleted Row of asterisks denote break in text GB. Pursuant to Florida Statutes 163.3177, the Schedule of Capital Improvements may be adjusted by ordinance not deemed to be an amendment to the Growth Management Plan for corrections, updates, and modifications concerning costs; revenue sources; or acceptance of facilities pursuant to dedications which are consistent with the plan. Policy 4.2: By December 1 of each Year. the County shall adopt, by reference. into its Capital Improvement Element, the School District's annually updated financially feasible Five-Year Capital Improvement Plan and the District Facilities Work Proaram in order to achieve and maintain the adopted level of service standards for Public School Facilities. The School District Five-Year Capital Improvement Plan shall identify the financially feasible school facility capacity proiects necessary to address existina deficiencies and future needs based on achievina and maintainina adopted LOS standards for schools. The District Facilities Work Prooram. prepared by the School District pursuant to Section 1013.35(1)(b). F.S.. shall be adopted as part of the data and analysis in support of the School District's Five-Year Capital Improvement Plan, Adoption of the School District's Capital Improvement Plan shall occur beainnino with the District School Board of Collier County Capital Improvement Plan FY 09-28. approved on April 15. 2008 and subseauently amended on May 15. 2008: and. the District Facilities Work Prooram FY 09-13. adopted by the School Board on Auaust 21. 2008. Updates to the CIP and Work Prooram shall occur annually thereafter. (VIII) Policy 4.2~: All public facility capital improvements shall be consistent with the goals, objectives and policies of the appropriate individual element of this Growth Management Plan, (III)(VIII) Policy 4.~: The County shall include in the capital appropriations of its annual budget all the public facility projects listed in the Schedule of Capital Improvements for expenditures during the appropriate fiscal year. (III)(VIII) Policy 4.4~: The County shall determine, prior to the issuance of final site development plans, final plats and building permits whether or not there is sufficient capacity of public facilities to meet the standards for levels of service for existing population and the proposed development. No final site development plan, final plat, or building permit shall be issued unless the levels of service for the resulting development will meet or exceed the standards in Policy 1.5 Public Facilities, and meet or exceed the requirements for Concurrency Management as outlined in the policies within Objective 5 of this element. (III)(V)(VII)(VIII) Policy 4.i~: Public facilities and services provided by Collier County with public funds in accordance with the Schedule of Capital Improvements in this Capital Improvement Element will be limited to Service Areas established within the boundaries designated on Figure PW-1 and Figure PW-1.1 "Collier County Water District Boundaries", and Figure PW-2 and Figure PW-2.1 "Existing and Future Potable Water Service Areas", in the Potable Water Sub-Element of the Public Facilities Element, (VIII) = Plan Amendment by Ordinance No. 2008-04 on January 29, 2008 CIE-10 Words underlined are added; words EtrblElk tArDugh are deleted Row of asterisks denote break in text and on Figure SS-1 and Figure SS-1,1, "Collier County Sewer District Boundaries", and Figure SS-2 and Figure SS-2.1, "Existing and Future Sewer Service Areas", in the Sanitary Sewer Sub- Element of the Public Facilities Element. Road and Public School improvements will be provided as designated in their resoective Schedule of Capital Improvements appearing in this Capital Improvement Element. All other public facilities and service types will be provided on a countywide availability basis, (VIII) Policy 4.&Z: The County shall 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 effects from hurricanes, flooding, natural and technological disaster events. Best practice efforts may include, but are not be 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; and, f. Repair and/or replacement of publicly owned docking facilities, parking areas, and sea walls, (III)(VIII)OBJECTIVE 5 (CONCURRENCY MANAGEMENT): To ensure that public facilities, as described in Policy 1.1 above, and services needed to support development are available concurrent with the impacts of such development, the County's Concurrency Management System shall ensure that the necessary public facilities and services to maintain the adopted level of service standards are available when the impacts of development occur. The County shall establish a regulatory and monitoring program to ensure the scheduling, funding and timely construction of public facilities concurrent with, or prior to, the issuance of a final site development plan, final plat or a building permit to achieve and maintain adopted level of service standards. (VIII) Policy 5.1 : The concurrency requirement for the Potable Water, Sanitary Sewer, Drainage and Solid Waste Level of Service Standards of this Growth Management Plan will be achieved or maintained if any one of the following standards of the Concurrency Management System are met: (III) A. The necessary facilities and services are in place at the time a final site development plan, final plat or building permit is issued; or (III) B, The necessary facilities and services are under construction at the time a final site development plan, final plat or building permit is issued; or C. The necessary facilities and services are guaranteed in an enforceable development agreement that includes the provisions of paragraphs A and B of this policy. An enforceable development agreement may include, but is not limited to, development agreements pursuant to Section 163.3220, Florida Statutes, or an agreement or (VIII) = Plan Amendment by Ordinance No. 2008-04 on January 29, 2008 CIE-11 Words underlined are added; words struck tt-lr:eugh are deleted Row of asterisks denote break in text development order issued pursuant to Chapter 380, Florida Statutes, The agreement must guarantee that the necessary facilities will be in place when the impacts of the development occur, pursuant to Section 163.3180. Florida Statutes. (III)(VIII)Policy 5.2: The concurrency requirement for the Parks and Recreation Level of Service Standards of this Growth Management Plan will be achieved or maintained if anyone of the following standards of the Concurrency Management System is met: (VIII) A. (III) B. (III) C, Compliance with anyone of the standards set forth in Policy 5.1 A, Band C is met; or At the time the final site development plan, final plat or building permit is issued, the necessary facilities and services are the subject of a binding executed contract which provides for commencement of actual construction of the required facilities within one year of the issuance of the final site development plan, final plat or building permit; or The necessary facilities and services are guaranteed in an enforceable development agreement which requires the commencement of the actual construction of the facilities within one year of the issuance of the applicable final site development plan, final plat, or building permit. An enforceable development agreement may include, but is not limited to, development agreements pursuant to Section 163,3220, Florida Statutes, or an agreement or development order issued pursuant to Chapter 380, Florida Statutes. (III)(V)(VIII) Policy 5.3: The concurrency requirement of the Transportation Level of Service Standards of the Growth Management Plan will be achieved or maintained if anyone of the following standards of the Concurrency Management System is met: A. (VIII) B, (VIII) C. (VIII) D. The necessary facilities and services are in place at the time a final site development plan, final plat or building permit is issued; or The necessary facilities and services are under construction or the contract for such facilities and services has been awarded, accepted, and duly executed by all parties at the time a final site development plan or final plat is issued; or The necessary facilities and services are under contract or under construction in the first or second year of the Schedule of Capital Improvements, and the Collier County Annual Budget adopted following each AUIR reflects the projects set forth in the first year of said Schedule; or The necessary facilities and services are under construction or under contract pursuant to a FDOT 5-Year Work Program; or (VIII) = Plan Amendment by Ordinance No. 2008-04 on January 29, 2008 CIE-12 Words underlined are added; words struGk thrSllgh are deleted Row of asterisks denote break in text (VIII) E. The final local development order is for a project located within a TCEA or TCMA designated pursuant to this Plan and meets the applicable requirements of Policies 5.4 through 5,7 of the Transportation Element; or (VIII) F. The necessary facilities and services are the subject of a binding commitment with the developer to contribute fair share funding as provided for in Policy 5.8 of the Transportation Element, if applicable, or to construct the needed facilities, as identified in the Schedule of Capital Improvements, prior to the time a Certificate of Occupancy (C.O.) is issued for the first structure. (VIII) G. A proportionate share agreement has been approved consistent with the adopted ordinance. Policy 5.4: The concurrency reauirement of the Public School Facilities Level of Service Standards of the Growth Manaqement Plan will be achieved or maintained if anyone of the followinq standards of the Concurrency Manaqement System is met: A. The necessarv facilities and services are in place at the time a final site development plan. final plat or functional eauivalent is approved: or B. The necessarv facilities and services are under construction or the contract for such facilities and services has been awarded. accepted. and duly executed by all parties at the time a final site development plan. final plat or functional eauivalent: or C. The necessarv facilities and services are found in the first. second or third year of the School District of Collier County's financially feasible Five-Year Capital Improvement Plan. as identified in Policy 4.2. and as formallY adopted by the School Board between July 1 and October 1 each year. and as adopted by reference each year by December 15t. at the time a final site development plan. final plat or functional eauivalent is approved: or D. The necessary facilities and services are the subiect of a bindina commitment with the developer to contribute proportionate share fundina as provided for in Policy 2.4 of the Public School Facilities Element. if applicable. or to construct the needed facilities. (II)(III)(VIII) Policy 5.4~: The County shall continue to implement a Concurrency Management System, as identified in Sections 6.02.02 and 10.02.07 of the Collier County Land Development Code, which shall include a regulatory program and monitoring system consistent with this Growth Management Plan and consistent specifically with the policies under Objective 5 of this Capital Improvement Element. The monitoring system shall enable the County to determine whether it is adhering to the adopted Level of Service Standards and Schedule of Capital Improvements. (VIII) = Plan Amendment by Ordinance No. 2008-04 on January 29, 2008 CIE-13 Words underlined are added; words struck thr-el;Jgh are deleted Row of asterisks denote break in text (VIII) III. IMPLEMENTATION SCHEDULE OF CAPITAL IMPROVEMENTS The Schedule of Capital Improvements on the following pages will eliminate existing deficiencies, replace obsolete or worn out facilities, and make available adequate facilities for future growth. Each project is numbered and named, and its estimate of projected cost during each of the next five fiscal years is shown in thousands of dollars (000). The year for actual commencement of construction and the year each project will be completed (in service) are indicated. Each project is consistent with the level of service standards as identified within this element and the appropriate individual element of this Growth Management Plan. Collier County has adopted a two-year Concurrency Management System. Figures provided for years three, four and five of this Schedule of Capital Improvements are not part of the Concurrency Management System but are subject to proportionate share, Figures provided for years six through ten of the Schedule of Capital Improvements are estimates of revenues versus project costs but do not constitute a long term concurrency system. All public facilities shall be consistent with the County's Capital Improvement Element. pursuant to Section163.3177 (3)(b)1. Florida Statutes. (VIII) = Plan Amendment by Ordinance No. 2008-04 on January 29, 2008 CIE-14 Words underlined are added; words struck thFOU!jh are deleted Row of asterisks denote break in text . . .""-----....--...-- *************************************************************************************************************** Tables pp. 15 through 26 *************************************************************************************************************** Footnotes pp, 27 and 28 *************************************************************************************************************** (VIII) = Plan Amendment by Ordinance No. 2008-04 on January 29, 2008 CIE-15 Words underlined are added; words str~ok thr.augh are deleted Row of asterisks denote break in text Collier County Schedule of CaDitallmDrovements Public School Facilities Proiects For the purpose of school concurrency. and in accordance with Policy 4.2. the County hereby incorporates. by reference. the School District's Capital Improvement Plan FY 09-28. approved on April 15. 2008 and subsequently amended on May 15. 2008: and. the District Facilities Work Proaram FY 09-13. adopted by the School Board on AUQust 21. 2008 is hereby incorporated as data and analysis. (VIII) = Plan Amendment by Ordinance No. 2008-04 on January 29, 2008 CIE-26 Words underlined are added; words struck threUllh are deleted Row of asterisks denote break in text (VIII) V. PROGRAMS TO ENSURE IMPLEMENTATION Through continued implementation of adopted land development regulations the following programs have been implemented to ensure that the goals, objectives and policies established in this Capital Improvement Element will be achieved or exceeded. (III)(VIII) 1. Development Order Review As part of the review of all applications for final site development plans, final plats, and (exceot for Qublic school facilities) building permits, the County will determine whether or not there will be sufficient capacity of public facilities, as described in Policy 1.1 above, to meet the standards for levels of service for the existing population and for the proposed development in accordance with the requirements of the Concurrency Management System. As part of the review for all development orders other than final site development plans, final plats, and building permits (except for public school facilities), for those having negative impacts on public facilities, the County will determine whether or not sufficient capacity of public facilities are planned for construction concurrent with the impacts on levels of service that will be created by the proposed development during the next five fiscal years. (III)(VIII) 2. Impact Fees Impact Fee Ordinances will require the same standard for the level of service as is required by Policy 1.5. (III) 3. Annual Budget The annual budget will include in its capital appropriations all projects in the Schedule of Capital Improvements that are planned for expenditures during the next fiscal year. (III)(VIII) 4. Semi-annual Report The mandatory semi-annual report to the Florida Department of Community Affairs - concerning amendments to the comprehensive plan due to emergencies, developments of regional impact, and selected small developments - will identify changes, if any, to adopted goals, objectives and policies in this Capital Improvement Element. (III)(VIII) 5. Update of Capital Improvement Element The monitoring of, and adjustment to, this Capital Improvement Element is an ongoing process necessitated by changing conditions. Beginning no later than December of each year, the element will be updated in conjunction with the County's budget process and the release of the official BEBR population estimates and projections. The update will include: (VIII) A. Revision of population projections; (VIII) B. (VIII) C. (VIII) D. Updates of facility inventory; Update of unit costs; Update of facilities requirements analysis to project 10-year needs (by fiscal year) in order to program projects to meet the service standards; (VIII) = Plan Amendment by Ordinance No. 2008.04 on January 29, 2008 CIE-29 Words underlined are added: words struok through are deleted Row of asterisks denote break in text ................'.".-....--....,..-1ll111 .-'_ ...._'d~'"_~..._~_.__.~ (VIII) E. Update of revenue forecasts in order to evaluate financial feasibility and the County's ability to finance capital improvements needed to meet the Service standards; (VIII) F. Revise and develop capital improvement projects for the next five years. The first year's schedule of projects will be incorporated into the County's budget effective October 151; aR€I, G. The incorporation. by reference. of the annual update to the School District of Collier County's financially feasible Five-Year Capital Improvement Plan. formallv adopted by the School Board between July 1 and October 1 each year: and. adoption of the District Facilities Work Proaram prepared by the School District pursuant to Section 1 013,35( 1 )(b). F.S.. adopted as part of the data and analysis in support of the School District's Five-Year Capital Improvement Plan; and. (VIII) G H. Update of the public school and health facilities analysis. (III) 6. Concurrency Management System The County has established a Concurrency Management System by adoption of the Adoquate Publio Faoilitios Ordinanoe, as amended. The system consists of the following components: (III)(VIII) A. The Annual Update and Inventory Report on Public Facilities (AUIR) on the capacity and levels of service of public facilities, as described in Policy 1.1 above, compared to the standards for levels of service adopted in Policy 1.5 of this Element. The AUIR summarizes the actual capacity of existing public facilities and forecasts the capacity of existing and planned public facilities for each of the five succeeding fiscal years. For the purposes of long range capital facility planning, a ten year forecast of projected needed capacity is also done. These forecasts are based on the most recently updated Schedule of Capital Improvements in this Capital Improvement Element. Notwithstanding any other provisions in this Capital Improvement Element, the annual approval of the AUIR and the identified needed projects and revenues by the Board of County Commissioners constitutes evidence of the capacity and levels of service of public facilities, not includinQ Public School Facilities. for the purpose of issuing development orders during the 12 months following the approval of the AUIR. The AUIR will go into effect immediately upon approval by the Collier County Board of County Commissioners. (VIII) = Plan Amendment by Ordinance No. 2008-04 on January 29, 2008 CIE-30 Words underlined are added; words struck throl,jgh are deleted Row of asterisks denote break in text B. The School District's annually updated financially feasible Five-Year Capital Improvement Plan. formallY adopted by the School Board between July 1 and October 1 each year. and adopted by reference into this Element. The District's Plan shall contain a financiallY feasible report that demonstrates the School District's ability to meet the facility and capacity needs for current and proiected students enrolled in Collier County Schools. and that the levels of service standards adopted in Policy 1.5 of this Element will be maintained by the end of the five-year plannina period. (VIII) BC. Public facility capacity review. The County shall use the procedures specified in Implementation Programs 1 and 6 to enforce the requirements of Policies 5,1, 5,2 aM 5.3 and 5.4 of this Element. GD. Review of changes in planned capacity of public facilities. The County shall review each amendment to this Capital Improvement Element in particular any changes in standards for levels of service and changes in the Schedule of Capital Improvements in order to enforce the policies of this Element. gg. Concurrency Management Implementation Strategies. The County shall annually review the Concurrency Management Implementation Strategies that are incorporated in this Capital Improvement Element: 1, Standards for levels of service are applied within appropriate geographical areas of the County. Standards for County-Wide public facilities are applied to development orders based on levels of service throughout the County. 2. Standards for public facilities that serve less than the entire County are applied to development orders on the basis of levels of service within assigned areas. 3. Standards for public school facilities are applied to development orders within the aeoaraphic boundaries of the CSAs for each school tYee. d~, Levels of service are compared to adopted standards on an annual basis, Annual monitoring is used, rather than case-by-case monitoring, for the following reasons: a. annual monitoring corresponds to annual expenditures for capital improvements during the County's fiscal year; and b. annual monitoring covers seasonal variations in levels of service. (VIII) = Plan Amendment by Ordinance No. 2008-04 on January 29, 2008 CIE-31 Words underlined are added; words strusk thr-ough are deleted Row of asterisks denote break in text (III)(VIII) 7. Third Evaluation and Appraisal Report The required third Evaluation and Appraisal Report (EAR) will address the implementation of the goals, objectives and policies of this Capital Improvement Element. The monitoring procedures necessary to enable the completion of the third evaluation include: (VIII) A. Review of annual reports of the Concurrency Management System, as set forth in Section 6 above; (VIII) B. Review of semi-annual reports to DCA concerning amendments to the Comprehensive Plan, as set forth in Section 4 above; and C. Review of annual updates of this Capital Improvement Element, including updated supporting documents. (VIII) = Plan Amendment by Ordinance No. 2008-04 on January 29, 2008 CIE-32 Words underlined are added; words gtruok lhrsugh are deleted Row of asterisks denote break in text EXHIBIT A COLLIER COUNTY GROWTH MANAGEMENT PLAN INTERGOVERNMENTAL COORDINATION ELEMENT Prepared By Collier County Planning Services Department Comprehensive Planning Section Prepared for COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Adopted, October, 1997 AMENDMENTS TO COLLIER COUNTY GROWTH MANAGEMENT PLAN INTERGOVERNMENTAL COORDINATION ELEMENT Symbol Date Amended Ordinance No. - October 28, 1997 December 16, 2003 January 25, 2007 October 14. 2008 Ordinance No. 1997-56 Ordinance No. 2003-67 *-Ordinance No. 2007-17 Ordinance No. 2008-XX (I) (II) (III) *- Based on 2004 EAR, Evaluation and Appraisal Report - This is the EAR-based amendment (1996 EAR). Due to the magnitude of the changes _ which included reformatting the entire Element, affecting every page of the Element _ a Roman Numeral is not assigned. * Indicates adopted portions Note: the support document will be updated as current information becomes available. (III) = Plan Amendment by Ordinance No. 2008-XX on October 14,2008 Words underlined are added; words struck tnr-eugh are deleted (II) I. INTRODUCTION Decisions made, or policies pursued, by Collier County may influence decisions made or policies followed by: municipalities within, or adjacent to, Collier County; adjacent 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. (II) The Collier County Intergovernmental Coordination Element (ICE) 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 (II) 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 8) Transportation Facilities. (III) = Plan Amendment adopted on October 14,2008 Ordinance No. 08-XX 1 Words underlined are added; words slruGk thr-ough are deleted (II) As of January 2005, there are three (3) municipalities within Collier County. These are: · Everglades City . City of Marco Island . City of Naples (II) Also as of January 2005, Collier County shared borders with the following jurisdictions: · City of Bonita Springs (in Lee County) . Lee County · Hendry County . Broward County · Miami-Dade County . Monroe County (II) 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 Naples/Collier County Metropolitan Planning Organization Various Community Development District Various Municipal Service Taxing Units (MSTU) Various Municipal Service Benefit Units (MSBU) (III) = Plan Amendment adopted on October 14, 2008 Ordinance No. 08-XX 2 Words underlined are added; words struok thrsugh are deleted GOAL, OBJECTIVES AND POLICIES INTERGOVERNMENTAL COORDINATION ELEMENT (II) GOAL: PROVIDE FOR THE CONTINUAL EXCHANGE OF INFORMATION AND THE USE OF ANY INTERGOVERNMENTAL COORDINATION MECHANISMS WITH BROWARD, MIAMI-DADE, HENDRY, LEE AND MONROE COUNTIES, CITIES OF BONITA SPRINGS, EVERGLADES, MARCO ISLAND, AND NAPLES, THE DISTRICT SCHOOL BOARD OF COLLIER COUNTY, 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, SPRINT/UNITED TELEPHONE, IMMOKALEE WATER AND SEWER DISTRICT, PELICAN BAY SERVICES DIVISION (MSTU), FLORIDA GOVERNMENTAL UTILITY AUTHORITY, 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. (II) OBJECTIVE 1: Collier County (County) shall continue to establish and maintain intergovernmental communication and level of service coordination mechanisms to be used by the County, 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. (II) Policy 1.1 : Collier County shall continue to utilize existing coordination mechanisms, e.g., interlocal planning agreements, joint meetings and any other mechanisms described in this Element, which promotes consistent planning activities. (II) Policy 1.2: The Collier County Comprehensive Planning 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 affect any of the entities listed in Objective 1. (II) Policy 1.3: The Collier County Comprehensive Planning Department shall continue to prepare and review the Annual Update and Inventory Report (AUIR) as an annual level of service monitoring report 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 to evaluate and coordinate level of service standards. (1I)ill!.l Policy 1.4: In situations where other public or private entities are providing a facility or service within Collier County for roads, water, sewer, drainage, parks, public schools. or solid waste, the (III) = Plan Amendment adopted on October 14,2008 Ordinance No. 08-XX 3 Words underlined are added; words strl:lsk thrOI;j!jJA are deleted County will coordinate its adopted level of service standard(s) within the parameters allowed by the Concurrency Management System of the Capital Improvement Element as part of the County's Growth Management Plan. (II) OBJECTIVE 2: The County shall coordinate its land use planning strategy, including an assessment of proposed development, with that of other governmental and private entities. (II) Policy 2.1 : 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. (II) Policy 2.2: Collier County shall continue to develop intergovernmental planning agreements, which shall include provisions for review and comment(s) on Collier County land use plans and capital facility plans by neighboring governmental jurisdictions, regarding any proposed activities that may have an impact on such jurisdictions or cause inconsistencies with their respective comprehensive plans. (II) Policy 2.3: Collier County shall continue to participate in cooperative planning programs with other governmental entities. (II) Policy 2.4: 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. (II) Policy 2.5: 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. (1)(1I)ill!l Policy 2.6: The County shall continue to coordinate with !the District Collior County School Board of Collier County for collaborative plannino and decision making on population projections. 00 the public school site selection for new public educational J*aflt& and ancillary J*aflt& facilities. and the proviGion of infraGtructuro, partioularly roadG, location and extension of public facilities subiect to concurrency. to support existing and proposed public educational J*aflt& facilities in accordance with the aeneral Interlocal Aareement. adopted on May 15. 2003 by the Collier County School Board and on May 27. 2003 by the Board of County Commissioners. and as subseauently amended and restated. with an effective date of December 2008. and the School Board Review (SBR) Interlocal Aoreement two Intorlocal Agroomonts adopted in accordance with SectionG 16J.J177(6)(h) and 16J.J1777, Florida StatutoG, on May 15, 2003 by the Collier County School Board and on May 27, 2003 by the Board of County Commissioners. (III) = Plan Amendment adopted on October 14,2008 Ordinance No. 08-XX 4 Words underlined are added; words struGk through are deleted (II) Policy 2.7: 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. (II) Policy 2.8: The County shall coordinate with the South Water Management District and other regulatory agencies in implementing the Growth Management Plan. ill!lPolicy 2.9: The County shall continue to coordinate with The District School Board of Collier County for the reQulatorv review of residential develooment for school concurrency. in accordance with Section 163.3180(13) Florida Statutes. (II) OBJECTIVE 3: Collier County shall develop procedures to identify and implement joint planning areas for the purposes of municipal annexation, municipal incorporation and joint infrastructure service areas. (II) Policy 3.1: 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. (II) Policy 3.2: 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. (III) = Plan Amendment adopted on October 14, 2008 Ordinance No. 08-XX 5 Words underlined are added; words struElk thr-ough are deleted EXHIBIT A FUTURE LAND USE ELEMENT IMPLEMENTATION STRATEGY GOALS, OBJECTIVES AND POLICIES **************************************************************************************************** OBJECTIVE 5: In order to promote sound planning, protect environmentally sensitive lands and habitat for listed species while protecting private property rights, ensure compatibility of land uses and further the implementation of the Future Land Use Element, the following general land use policies shall be implemented upon the adoption of the Growth Management Plan. **************************************************************************************************** Policy 5.14: Public educational plants and ancillary plants: a. Existing public educational plants and ancillary plants: The sites containing existing public educational plants (schools and associated on-site facilities, including sports stadiums, gymnasiums and recreation areas) and ancillary plants (support facilities, including administrative offices, transportation facilities, maintenance yards, and bus barns) are depicted on the Future Land Use Map Series and Public School Facilities Element Map Series. This includes four sites where educational plants have been approved but construction either has not commenced or is not completed. More detailed descriptions or depictions of all of the sites containing these existing educational plants and ancillary plants are contained in the FLUE Support Document. Expansion of these educational plants and ancillary plants on these existing sites, as well as expansions to the sites themselves, are subject to the provisions outlined in the twe qeneral Interlocal Agreements.. adopted in aocordance 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, and as subseauently amended and restated. with an effective date of December 2008. and subiect to the implementina land development requlations to be adopted: and. shall be subiect to the School Board Review (SBR) Interlocal Aqreement. adopted on May 15. 2003 by the Collier County School Board and on May 27. 2003 by the Board of County Commissioners, and subject to the implementing land development regulations to be adopted. b. Existing sites for future public educational plants: The Collier County School Board has acquired numerous sites for which educational plants are planned for future development; these sites contain no existing educational plants. Most of tAe6e These sites are consistent with locational criteria established by the SBR 'nterlocal Aareement and as contained in the FLUE. GGAMP, or lAMP, as applicable, and are allowed within the existing zoning district on the property. These sites are depicted on the Future Land Use Map Series and Public School Facilities Element Map Series. .^.s consistenoy is achieved for the remaining sites, via futuro Gro.:lth Management Plan amendments and/or zoning amendments and/or conditional use approvals, thece siteE: will bo addod to the Words underlined are added; words stFlJck threl;l!lh are deleted Row of asterisks indicate break in text 1 Futuro L::md Use Map Sories. Development of the mapped sites shall be subject to the provisions of the twe aenerallnterlocal Agreement& adopted in aooordanoo with Sootions 16J.3177(6)(h) and 163.31777, Florid:J Statutos, on May 15, 2003 by the Collier County School Board and on May 27,2003 by the Board of County Commissioners, and as subseauently amended and restated. with an effective date of December 2008. and subiect to the implementina land development reaulations to be adopted: and. shall be subiect to the School Board Review (SBR) Interlocal Aoreement. adopted on May 15. 2003 by the Collier County School Board and on May 27. 2003 by the Board of County Commissioners, and subject to the implementing land development regulations to bo :Jdoptod. c, Existing sites for future public ancillary plants: The Collier County School Board has acquired sites for which ancillary plants are planned for future development; these sites contain no existing ancillary plants. Most of thoso These sites are consistent with locational criteria established by the SBR Interlocal Aareement and as contained in the FLUE, GGAMP, or lAMP, as applicable, and are allowed within the existing zoning district on the property. These sites are depicted on the Future Land Use Map Series and Public School Facilities Element Map Series. As consistency is achievod for tho remaining sitos, via futuro GMP amondmonts and/or zoning amondmonts and/or oonditional UGO approvals, those sites will bo addod to tho Futuro Land Uso Map Sories. Development of the mapped sites shall be subject to the provisions of the twe oeneral Interlocal Agreements adopted in aooordanco with Sootiom:; 163.3177(6)(h) and 163.31777, Florida Statutm:, on May 15, 2003 by the Collier County School Board and on May 27, 2003 by the Board of County Commissioners, and as subseauently amended and restated. with an effective date of December 2008. and subiect to the implementino land develooment reoulations to be adopted: and. shall be subiect to the School Board Review (SBR) Interlocal Aoreement. adopted on May 15. 2003 by the Collier County School Board and on May 27. 2003 by the Board of County Commissioners. and subject to the implementing land development regulations to be adoptod. d. Future sites for public educational plants and ancillary plants: As additional sites for educational plants and ancillary plants are acquired by the Collier County School Board and deemed to be consistent with the FLUE, GGAMP, or lAMP, as applicable, and allowed by existing zoning on the site, these sites will be added to the Future Land Use Map Series and Public School Facilities Element Map Series, as provided for in the twe oeneral Interlocal Agreements.. adopted fA aooordanoo with Soctions 163.3177(6)(h) and 163.31777, Florida Statutos, on May 15, 2003 by the Collier County School Board and on May 27, 2003 by the Board of County Commissioners, and as subseauently amended and restated. with an effective date of December 2008. and subiect to the implementino land development reaulations to be adopted: and, shall be subiect to and the School. Board Review (SBR) Interlocal Aareement. adopted on May 15, 2003 by the Collier County School Board and on May 27. 2003 by the Board of County Commissioners. Future development of these sites will be subject to the provisions of the twe aforementioned aeneral Interlocal Agreements and SBR Interlocal Aareement, and subject to the implementing land development Words underlined are added; words EtFUok tnr-eugh are deleted Row of asterisks indicate break in text 2 regulations to be adopted. Prior to site acquisition, the Collier County School District will provide notification to property owners as follows: 1) for sites located within the Urban Designated Area of the Future Land Use Element of the Growth Management Plan, notices shall be sent to all owners of property within 500 linear feet of the property lines of the site under consideration for acquisition; 2) for sites not located within the Urban Designated Area of the FLUE of the Growth Management Plan, notices shall be sent to all owners of property within 1,000 linear feet of the property lines of the site under consideration for acquisition. At the public hearing to consider the land acquisition, all public commentary received as a result of these notices will be provided to the Collier County School Board. e. Zoning district provisions for future educational plants: Except to the extent that such would be in conflict with the Rural Fringe Mixed Use District adopted on June 19, 2002, or the Rural Lands Stewardship Area Overlay adopted on October 22, 2002, all future educational plants shall be allowed in zoning districts as follows: (1) Educational plants are prohibited in the Residential Tourist (RT), Golf Course (GC), Conservation (CON), Travel Trailer Recreational Vehicle Campground (TTRVC), Business Park (BP), and Industrial (I) zoning districts. (2) Educational plants are permitted by right in all other zoning districts. However, for a high school facility to be located in any residential zoning district, or Estates (E) zoning district, or residential component of a PUD, a formal compatibility review and determination is required, as set forth in the general 'nterlocal Agreements.. adopted in aocordance with Seotion& 163.3177(6)(h) and 163,31777, Florida Statute&, on May 15,2003 by the Collier County School Board and on May 27, 2003 by the Board of County Commissioners. and as subseauently amended and restated, with an effective date of December 2008. and the School Board Review (SBR) Interlocal Aareement. adopted on May 15. 2003 by the Collier County School Board and on May 27. 2003 by the Board of County Commissioners. f, Zoning district provisions for future ancillary plants: Except to the extent that such would be in conflict with the Rural Fringe Mixed Use District adopted on June 19, 2002, or the Rural Lands Stewardship Area Overlay adopted on October 22, 2002, all future ancillary plants shall be allowed in zoning districts as follows: (1) Ancillary plants are prohibited in the Residential Single Family (RSF-1 through RSF-6), Mobile Home (MH), Travel Trailer Recreational Vehicle Campground (TTRVC), Golf Course (GC), and Conservation (CON) zoning districts. (2) Ancillary plants are permitted by right in the General Commercial (C-4), Heavy Commercial (C-5), and Industrial (I) zoning districts. (3) Ancillary plants are permitted by conditional use approval in all other zoning districts. Words underlined are added; words stNek through are deleted Row of asterisks indicate break in text 3 EXISTINGSlTES FOR FU7URE PUBUC EDUCA110NALPLANTSAND ANCILLARY PLANTS COUlER COUNTY PUBUCSCHOOLS <;') (""0 ~ ...., -.:+-:1'T ,- I+i ---:....'! I, ----r-......-' 'I : "I'f~ p,~",' .-.,,_,...~_==~'..~._ I _...__ =--::..=: -: ~f1 :..:=:: :;;;.;.._ Iii .! I ..:~: ~~:=~~::"f t -.......... -.. "- ',==-:"::" + -.... _.,,- ... too , ~~-=:- =-::.. ,~~,~ ". ..::-::.1::.: ':~~=::f: .. _01::.:1 . ....':-,'L...,.. '">) 'is::: trJ ::..; - () o . I ~, '!<t", ! AIl/.ElClCD~11. fOOl' ([]Ill, ,......" ~ . . . . A . '- tDuell l\CMtAL fl\.ANf SilT( AItCI.J..Nn' Pt;....-T W1'[ (DUCAYlONAl l.HO/OI'f ANOl.L...AR"r PlAMt !iTt SCALE .+". J I J I , 'HA........ . ::'1:":::=: ~~:::-~ u.. \lnOQ 1Ui 'WM-.MW." (Delete Map) Words underlined are added; words slR:lsk t"'raugh are deleted Row of asterisks indicate break in text 4 EXISTING PUBLIC EDUCA710NAL PLANTS (SCHOOLS) AND ANCILLARY PLANIS (SUPPORT FACILITIES) COUlBR COUNTY PUBUCSCHOOLS I -_-'.'!..~~--_._J .' c;) r::. t- ""l ~ trJ X - I""l a CD CAl.VSA__ CD OSC<CII.. o PruC.... ..- CD "HEY_' (!)Lm @ _...u..... ~ ::::: :=:r-= :1'~~~- ~-:=2::': =,- ~::~:==f -...... - .._0. ::==', -=t;;;.."...... ~ ~--.",.,allHClCU o .u....1[ @ 'AlUS ...... @ lMt~A". @ ~ (!) SMM>o..."* @ COUJEPf CArl @ AVAlOf @ 8tQ CWftUS @ -'-1[( @ "'-"'lL 0" @ ~=o @ CClIbnal(w @ JAall. """-'" @ ~~:.~~ @ ~r~~~ @..-. 6) L.U<{ ""'Fe... 8 ""!CJt(Sl @ ~"-- -. ~~-.a-__ @ 01.,,_ @ ......m: @ ...._.." @ PM ._ @ tA51 '''LU @ QJ"..... @ C_5CII(W @ _..'ur "1 ~~'--.. Q3l - OOI.IJU @ ""LT COt.Sl ~ GOt.O<. GAIl @ ......w @ Ln v @ ,.......OW ~ (171_-" @-- @ .....IC'(R IIsnY\J1t 01 nQIIiICILOCY @ [V'OIcuors SOtOOl '-'-' ~ StALE ,-,--,-;---, I ....:M....... =::fY'~: :=:OO~":f;'=- ~~ ~ c..n:. u/'1IID3 NlL lIFV-JOQl.OIC @ AOW'N$'I1IA"'Qtf a"'ru S ;W"""'QltU.T)Qlt 'AOU"Y (IT BettS) I~ IlIllwc*...u:r TRAHSPOIt'fAltCN 'AOIJT"Y @ BU! ._ (C,~ -BO') @ fOfN[R ~f!lIt""DON ctH1UI (Delete Map) Words underlined are added; words struck tl1r()wgh are deleted Row of asterisks indicate break in text 5 ~ r ____~_.... 1 ;.-- I '~~;~-:;'1 V -~.~ ,~ ' ~ r'~-r , i r' 1.....-- -'..'- ,,~~---_.,.- ..__.A4r..... ."".-" o..,...~._- -.............. 41 ':lit.... ~..........~.... o!t} --..... ....... -.....- (ADD Map) Words underlined are added: words struck tRr-eugh are deleted Row of asterisks indicate break in text 6 f ., '(" (ADD Map) Words underlined are added: words struok tAFOUgh are deleted Row of asterisks indicate break in text 7 EXHIBIT A GOLDEN GATE AREA MASTER PLAN ELEMENT III. IMPLEMENTATION STRATEGY *************************************_*******A ill ill All A A "'****************************************** OBJECTIVE 1.1: Unless otherwise permitted in this Master Plan, new or revised uses of land shall be consistent with designations outlined on the Golden Gate Area Future Land Use Map. The Golden Gate Area Future Land Use Map and companion Future Land Use Designations, District, and Subdistricts shall be binding on all development orders effective with the adoption of this Master Plan, Standards and permitted uses for Golden Gate Area Future Land Use districts and Subdistricts are identified in the Land Use Designation Description Section of this Element. *********************************************************************** Policy 1.1.8: The sites containing existing public educational plants and ancillary plants, and the undeveloped sites owned by the Collier County School Board for future public educational plants and ancillary plants, within the GGAMP area, are depicted on the Future Land Use Map Series in the countywide FLUE and on the Public School Facilities Element Mac Series, and referenced in FLUE Policy 5.14 and Intergovernmental Coordination Element Policy 1.2.6. All of these sites are subject to the twe general Interlocal Agreements... adopted in aooordanoe with Seotions 163.3177 (6) (h) and 163.31777, Florida Statutos, on May 15, 2003 by the Collier County School Board and on May 27, 2003 by the Board of County Commissioners, and as subseauently amended and restated. with an effective date of December 2008. and subiect to the imclementina land develocment regulations to be adocted: and. shall be subiect to the School Board Review (SBR) Interlocal Aareement. adocted on May 15. 2003 by the Collier County School Board and on May 27. 2003 by the Board of County Commissioners. and subject to the implementing land development regulations te-ge adoptod. All future educational plants and ancillary plants shall be allowed in zoning districts as set forth in FLUE Policy 5.14. Words underlined are added; words struak thr-eugh are deleted Row of asterisks indicate break in text EXHIBIT A IMMOKALEE AREA MASTER PLAN ELEMENT III. IMPLEMENTATION STRATEGY **************************************************************************************************** OBJECTIVE 1.1: Unless otherwise permitted in this Master Plan for Immokalee, new or revised uses of 'and shall be consistent with designations outlined on the Future Land Use Map, The Future Land Use Map and companion Future Land Use Designations, Districts and Subdistricts shall be binding on all Development Orders effective with the adoption of the Master Plan for Immokalee. Through the magnitude, location and configuration of its natural environment including topography, soil and other resources; maintain and develop cohesive neighborhood units; promote a sound economy; and discourage undesirable growth and development patterns. Standards and permitted uses for each Immokalee Master Plan Future Land Use District and Subdistrict are identified in the Designation and Description Section. **************************************************************************************************** Policy 1.1.7: The sites containing existing public educational plants and ancillary plants, and the undeveloped sites owned by the Collier County School Board for future public educational plants and ancillary plants, within the lAMP area, are depicted on the Future Land Use Map Series in the countywide FLUE and on the Public School Facilities Element Map Series, and referenced in FLUE, Policy 5.14 and Intergovernmental Coordination Element, Policy 1.2.6. All of these sites are subject to the twe ~eneral Interlocal Agreements... adopted in accordanoe '/lith 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, and as subseauently amended and restated. with an effective date of December 2008. and subiect to the implementina land development reoulations to be adopted: and. shall be subiect to the School Board Review (SBR) 'nterlocal Aareement. adopted on May 15. 2003 by the Collier County School Board and on May 27. 2003 by the Board of Ceunty Commissioners. and subject to the implementing land development regulations ~ adopted. All future educational plants and ancillary plants shall be allowed in zoning districts as set forth in FLUE Policy 5.14. Words underlined are added; words struck tnreugn are deleted Row of asterisks indicate break in text 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 2008-55 Which was adopted by the Board of County Commissioners on the 14th day of October, 2008, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 20th day of October, 2008. DWIGHT E. BROCK Clerk of Courts and Clerk Ex-officio to Board of County Commissioners ~ ~t)~C By: Ann J~nneQ9~'~; . Deputy Clerk -/. " ...~ ,- ,. '''' ,~',:/J