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Ordinance 97-61 ORDINANCE NO. 97- 61 AN ORDINANCE AMENDING THE PUBLIC FACILITIES ELEMENT/DRAINAGE SUB-ELEMENT OF ORDINANCE NUMBER .' 89-05, AS AMENDED, THE COLLIER COUNTY GROWTH := F_., r'- (." ' MANAGEMENT PLAN, FOR THE UNINCORPORATED AREA OF F',;~": COLLIER COUNTY, FLORIDA; BY AMENDING THE PUBLIC FACILITIES/DRAINAGE SUB-ELEMENT; BY PROVIDING FOR ~ SEVERABILITY; AND BY PROVIDING AN EFFECTIVE DATE. ,,~ WHEREAS, the Board of County Commissioners adopted the Collier County Growth Management Plan on January 10, 1989; and WHEREAS, Collier County has held public headngs to provide for and encourage public participation throughout the 1996-97 plan amendment process; and WHEREAS, Collier County did submit the 1996-97 Growth Management Plan Amendments to the Department of Community Affairs for pre)iminary review on Apdl 29. 1997; and WHEREAS. the Department of Community Affairs did review and make wdtten objections to Public Facilities Element/DRAINAGE Sub-Element Amendments to the Growth Management Plan and transmitted the same in wdting to Collier County within the time provided by law; and WHEREAS, Collier County has 120 days from receipt of the written objections from the Department of Community Affairs to adopt, adopt with changes or not adopt the proposed Public Facilities Element/DRAINAGE Sub-Element Amendments to the Growth Management Plan; and WHEREAS, the Board of County Commissioners of Collier County did take action in the manner prescribed by law and did hold public headngs conceming the adoption of the Public Facilities Element/DRAINAGE Sub-Element Amendments to the Growlh Management Plan on October 28, 1997; and WHEREAS. all applicable substantive and procedural requirements of law have been met; and NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: ~!ECTJ~LDjJ~: ADOPTION OF AMENDMENTS TO THE PUBLIC FACILITIES ELEMENT/DRAINAGE SUB-ELEMENT OF THE GROWTH MANAGEMENT PLAN. This Ordinance as described herein, shall be known as the Public Facilities Element/DRAINAGE Sub-Element Amendments to the Growth Management Plan for Collier County, Florida. The Collier County Growth Management Plan Public Facilities Element/DRAINAGE Sub-Element Amendment is attached hereto as Exhibit A and incorporated herein by reference. · ~,G._~2~L_~ZY~): SEVERABILITY. 1 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. ~utC~: EFFECTIVE DATE. The effective date of this Amendmenl to the Public Facilities Element/DRAINAGE Sub- Element shall be the date a final order is issued by the Department of Community Affairs or Administration Commission finding the Element in compliance in accordance with Section 163.3184, ~, whichever occurs eadier. No development orders, development permits, or land uses dependent on this Element may be issued or commence before it has become effective. If a final order of noncompliance is issued by the Administration Commission, this amendment may nevertheless be made effective by adoption of a Resolution affirming its effective status. a copy of which Resolution shall be sent to the Department of Community Affairs, Bureau of Local Planning, 2555 Shumard Oaks Blvd.. 3'~ Floor, Tallahassee, Flodda 32399-2100. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County th s,,2.,~'~.' ~Sf'OCtober 1997. · ..;;. ~: · e - /kTTEST:"" .~" "' ' BOARD OF COUNTY COMMISSIONERS ·: , T MOTHY L/H NCOCK ~ .~, . CHAIRMAN · .' TF~is ordinonce .~;~e~~, with tl'-.~ APPR'OVED'AS'TE) FORM AND 5 .reto~ of LEGAL SUFFICIENCY: ~<t~ cloy of . end oc~.nr, w~odgernent of 1997 Public Facilities Element/DRAINAGE Sub-Element 2 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 tru~ copy of: C'DINANCE NO. 97-61 Which was adopted by the Board of County Commissioners on the 28th day of October, 1997, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 5th day of November, 1997. DWIGHT E. BROCK Clerk of Courts and Cl~rk, Ex-officio to Board of Cou y Commissioners By: /s/Susan Barb~reti.'.l COLLIER COUNTY GROWTH MANAGEMENT PLAN PUBLIC FACILITIES ELEMENT DRAINAGE SUB-E~ENT COLLIER COUNTY GROWTH MANAGEMENT PLAN PUBLIC FACILITIES ELEMENT Drainage Sub-element Prepared for COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS OCTOBER, 1997 AMENDMENTS TO COLLIER COUNTY GROWTH MANAGEMENT PLAN PUBLIC FACILITIES ELEMENT NATURAL GROUNDWATER ACIUIFER RECHARGE SUB-ELEMENT Symbol Date Amended Ordinance No. *INDICATES ADOPTED PORTIONS NOTE: THE SUPPORT DOCUMENT WILL BE UPDATED AS CURRENT INFORMATION BECOMES AVAILABLE. TABLE OF CONTENTS SECTION I Pa.qe I. INTRODUCTION AND HISTORY D- I- 1 A, Drainage Systems B. Drainage and Stormwater Management II, LEVEL OF SERVICE (LOS) STANDARDS D- I- 3 III. EXISTING CONDITIONS D- I-9 O A. Drainage Features B. Stormwater Management Master Planning IV. CONCLUSIONS AND RECOMMENDATIONS D- 1-13 * V. GOALS, OBJECTIVES, AND POLICIES D- 1-15 VI. APPENDIX I D- 1-21 SECTION II I. REGULATORY FRAMEWORK D-II-3 A. Federal Regulations B. State Regulations C. Local Regulations II. DRAINAGE BASIN INFORMATION D-II-9 A. Main Golden Gate System B, District No. 6 System C. Cocohatchee River System D. Gordon River Extension E. Henderson Creek Basin F. Faka-Union System G. Southern Coastal Basin H. Ban'on River System I. Miscellaneous Interior Wetland Systems III. REFERENCES 1:)-11-64 IV. APPENDIX II D-II-67 Water Management Level of Service for Planned Unit Developments Collier County Drainage Structure Inventory Collier County Channel Inventory Drainage Atlas Maps (Reduced in Size) V. GOALS, OBJECTIVES AND POLICIES GOAL 1: PROVIDE DRAINAGE AND FLOOD PROTECTION FOR EXISTING AND FUTURE DEVELOPMENT, MINIMIZE THE DEGRADATION OF QUALITY OF RECEIVING WATERS AND SURROUNDING NATURAL AREAS AND PROTECT THE FUNCTIONS OF NATURAL GROUNDWATER AQUIFER RECHARGE AREAS. OBJECTIVE 1.1: _J v_.J., ..... 3 Via the Annual Update and Inventory Report on Public Facilities (AUIR) process, annually update the Drainage Atlas Maps and Channel/Structure Inventory cen-'~onents of the adopted Water Management Master Plan to ~'-"'~" vedfy the existing watershed basin boundaries within Collier County=; evak~te-Vedfy the design storm capacity of the drainage facilities within each basin, and determine the costs necessary to i4:~rease maintain the facility capacities to selected design storm standards for inclusion of needed programming of operational funds in the Annual County Bud.qet and capital projects and basin studies in the Annual Capital Improvement Element Update and Amendment. Policy 1.1.1: O4at4i,qe-how-Monitor adopted procedures that are in place to ensure that existing natural systems, existing developments, and proposed developments will receive beneficial consideration from proposed water management procedures and projects. Future updates and revisions shall reflect changed conditions in the new techniques. Policy 1.1.2: O4~tl~hev~41mplement procedures-a4~~ within the County's Land Development Code and those procedures delegated by South Flodda Water Management District ,4,,,~,,-, ~ ...... ~-~-,-,;,',, ,;,-,-~ ~ .... to ensure that at the time a ~ ..... ~l v ,~v~, I"'~ ....... "d ............. development permit is issued, pre-development versus post development discharge rates are monitored to assure that adequate water management facility capacity is available or will be available when needed to serve the development. Policy 1.1.3: Continue to l;)develop public drainage facilities to maintain the groundwater table as a source of recharge for the potable water aquifers and meet the water needs for agricultural and commercial operations and native vegetation. DrA;~u-4~u4 fl~m,.~r, Ple far H.~,.., Pu~'iru4 1GO,4 lhr~%f,t~k '~OQQ ,,,;II KA e. Plfir~ee,~PI if~ I1.,~, r~,,tu, u,.~tetu4 · '~J~--~-- ~ .............. ~ r ....... ~ ~ .... ~ ............................. F'~P* .... ................ =9 ...................... PoliCy 1.1 ._4~: .'Th.c ~°°-' n ........ * M_~_'t=r P!=n '-'": Continue on-going efforts to evaluate the ............. 19 ............. feasibility of restoring surface water flow into historical flow-ways and utilizing them to help control discharge into the estuaries. Policy 1.1._56: ' - '~ st~l~s-beginningwith~he-Gordo,,-F Rive~ E-~ler~,on-Bas~, fellowcd by-t~e-Belle~4e6<~ea~4mmokatee-Basins:--Fum:led-byM=~.T.U. Three (3) detailed basin studies are planned within the 5 year pla_nning time frame as follows: Basin Startin.q date Completion Date Gordon River Extension FY 96/97 FY 98/99 Belle Meade FY 98/99 FY 2000/2001 Immokalee FY 2000/2001 FY 2002/2003 As the studies are completed, the results will be made available to the property owners located within the basin boundaries for their use in petitionin.q the Board of County Commissioners to create a taxinq/assessment unit to fund the proposed implementation of the studies recommendations. Policy 1.1.67: Initiate sub-basin studies on the Secondary Drainage System and portions of the basin within the Urban Area. F~m, aq~-by M.S-~.-~. The status of several of the critical sub- basin studies is as follows: Sub Basin Startinq date Completion Date · Lely Main/Branch/Manor N/A 1985 · Harvey FY 95/96 FY 96/97 · US-41 Outfall Swales N/A 1986 · Implementation of these projects is currently underway. OBJECTIVE 1.2: z~R,,,,, Maintain adopted drainage level of service standards for basins and sub-basins identified in the Water Management Master Plan. ti!i-ze-the4im~i~gs-ef-the~mp! ,-~',~; .... ' *~"' D,, Anrll "'in 4QQQ +K~ t'~,,t.nt ..... ;11 U ct~d ~. ........ ~7 · '1" ....., , v~ve ,, ,~ vv~, ".7 ""' v, s, ,v w,,,,, u ........ , u~,,,,, n~.,, to ident~~s~~r a!~ the-drainage Policy 1.2.~.1: The following levels of service for drainage are hereby adopted for the purpose of issuing development permits: A. Future "private" developments - water quantity and quality standards as specified in Collier County Ordinances 74-50 and 90-10 and Land Development Code Ordinance 91-102 as Amended. B. Existing "private" developments and existing or future public drainage facilities - those existing Levels of Service identified (by design storm retum frequency event) by the completed F~s~y~-Water Management Master Plan as follows: LEVELS OF SERVICE ATTAINED BY BASINS BASIN LEVEL OF SERVICE MAIN GOLDEN GATE SYSTEM Main Golden Gate Canal Basin D Cypress Canal Basin D Harvey Canal Basin D 1-75 Canal Basin D Green Canal Basin C Airport Road Canal South Basin D Corkscrew Canal Basin D Orange Tree Canal Basin D 951 Canal Central Basin C DISTRICT NO. 6 SYSTEM Rock Creek Basin D C-4 Canal Basin C Lely Main Canal Basin D Lely Canal Branch Basin D Lely Manor Canal Basin D Haldeman Creek Basin D Winter Park Outlet Basin D COCOHATUHEE RIVER SYSTEM Cocohatchee River Basin D Pine Ridge Canal Basin C Palm River Canal Basin D * Amended Feb."~3n;, !99! COCOHATCHEE RIVER SYSTEM (continued) West Branch Cocohatchee River Basin C East Branch Cocohatchee River Basin D Airport Road Canal North Basin D 951 Canal North Basin D GORDON RIVER EXTENSION Gordon River Extension Basin D Goodlette-Frank Road Ditch Basin D HENDERSON CREEK BASIN Henderson Creek Basin D FAKA-UNION SYSTEM Faka-Union Canal Basin D Miller Canal Basin D LEVELS OF SERVICE ATTAINED BY BASINS (continued) BASIN LEVEL OF SERVICE Merritt Canal Basin C Prairie Canal Basin C SOUTHERN COASTAL BASIN US-41 Outfall Swale No. 1 Basin D US-41 Ouffall Swale No. 2 Basin D Seminole Park Outlet Basin C BARRON RIVER SYSTEM Okaloacoochee Slough Basin D Barton River Canal North Basin C Urban Immokalee Basin C MISCELLANEOUS INTERIOR WETLAND SYSTEMS Corkscrew Slough Basin D Policy 1.2.3: Enlarge the scope of the Water Management Master Plan to include recommendations for changing Levels of Service together with analysis of capital requirements. OBJECTIVE 1.3: Beginning with fiscal year-1-988-~1996-97, a five year schedule of capital improvement needs for water management facilities will be maintained and updated annually in conformance with the review process for the Capital Improvement Element of this plan. Policy 1.3.1: Develop procedures to update water management facility demand and capacity information. Policy 1.3.2: Prepare periodic summaries of capacity and demand infon'nation for each water management facility and service area. Policy 1.3.3: Water management capital improvement projects will be evaluated and ranked according to the priorities stated in the Capital Improvement Element of this plan. Policy 1.3.4: Major emphasis shall be given to improving existing drainage facilities in and around urban and estates designated areas (on the adopted Future Land Use Map) to maintain their use. OBJECTIVE 1.4: Beginning with fiscal year-4988-891996-97, develop policies and programs to correct existing deficiencies and provide for future facility needs for those projects which ,m3y be-have been outlined in the proposed-adopted Water Management Master Plan and any future individual basin studies. Policy 1.4.1: Water management projects shall be undertaken in accordance with the schedule provided in the Capital Improvements Element of this plan. These projects shall be undertaken in coordination with the Big Cypress Basin/South Flodda Water Management Distdct 5 Year Plan. Policy 1.4.2: Correct existing deficiencies and provide for future facility needs through the formulation and implementation of annual work programs. Encourage innovative funding sources including utilization of special taxing or assessment districts. Policy 1.4.3: Develop a public awareness program to inform the governmental leadership and general public of the need to utilize total watershed management concepts within the existing drainage systems and the environmental enhancements that will result from their implementation. OBJECTIVE 1.5: Continue to Rregulate land use and development to protect the functions of natural drainage features and natural groundwater aquifer recharge areas through the development of adopted ILand dDevelopment-reGu!3t!cns ~"' *~"' ~; ...... '~o*-"~ feF-the ~,,,'~,,a" ......a,me,~ndmems~te,q~Code (Ordinance 91-102 as amended). Policy 1.5.1: Annually review all appropriate Water Management Ordinances and regulations to determine their effectiveness in protecting the functions of the natural drainage features and natural groundwater aquifer recharge areas. Policy 1.5.2: Develop any appropriate new Ordinances and regulations necessary to ensure protection of the functions of natural drainage features and natural groundwater aquifer recharge areas.