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I e NI I roe I ems I sue I a se 3 I 1111 I mot I 2011 EAR-Based Adoption Amendments CCPC - October 30, 2012 30, BCC - December 11, 2012 Clerk's Office Copy TABLE OF CONTENTS BCC—Adoption of 2011 EAR-Based GMP Amendments December 11,2012 1) TAB: Executive Summary DOCUMENT: BCC EAR-Based GMP Amendments Adoption Executive Summary 2) TAB: County ORC Response DOCUMENTS: County Response to the DEO ORC Report [including attachments] 3) TAB: Adoption Ordinances DOCUMENTS: Ordinances w/Exhibit"A's", as follows: 4) TAB: CIE Capital Improvement Element (CIE)Adoption Ordinance w/Exhibit"A"Text Changes 5) TAB: TE Transportation Element(TE)Adoption Ordinance w/Exhibit"A"Text Changes 6) TAB: SS Sanitary Sewer Sub-Element(SS) Adoption Ordinance w/Exhibit"A"Text and Map Changes 7) TAB: PW Potable Water Sub-Element(PW)Adoption Ordinance w/Exhibit"A"Text and Map Changes 8) TAB: Drainage Drainage Sub-Element Adoption Ordinance w/Exhibit"A"Text Changes 9) TAB: SW Solid Waste Sub-Element Adoption Ordinance w/Exhibit"A"Text Changes 10) TAB: NGWAR Natural Ground Water Sub-Element(NGWAR)Adoption Ordinance w/Exhibit"A"Text and Map Changes 11) TAB: HE Housing Element(HE)Adoption Ordinance w/ Exhibit"A"Text Changes 12) TAB: ROSE Recreation &Open Space Element(ROSE)Adoption Ordinance w/Exhibit"A"Text Changes 13) TAB: CCME Conservation &Coastal Management Element(CCME) Adoption Ordinance w/Exhibit"A"Text Changes 14) TAB: ICE Intergovernmental Coordination Element(ICE)Adoption Ordinance w/Exhibit"A"Text Changes 1 15) TAB: FLUE Future Land Use Element(FLUE)Adoption Ordinance w/Exhibit "A"Text and Map Changes 16) TAB: GGAMP Golden Gate Area Master Plan (GGAMP)Adoption Ordinance w/Exhibit"A"Text Changes 17) TAB: EE Economic Element(EE)Adoption Ordinance w/Exhibit"A"Text Changes 18) TAB: PSFE Public School Facilities Element(PSFE)Adoption Ordinance w/Exhibit"A"Text Changes 19) TAB: IAMP/FLUM Immokalee Area Master Plan Future Land Use Map (IAMP/FLUM) Adoption Ordinance w/Exhibit"A" Map Changes 20) TAB: ORC Report DOCUMENT: Florida Department of Economic Opportunity(DEO) Objections, Recommendations and Comments (ORC) Report and other Agency Comments 21) TAB: Staff Reports DOCUMENTS: CCPC EAR-Based GMP Amendments Adoption Staff Report; EAC EAR-Based GMP Amendments Adoption Staff Report 22) TAB: Legal Advertising DOCUMENTS: BCC and CCPC Adoption Legal Advertisements 2 EXECUTIVE SUMMARY Recommendation to review and adopt Proposed Amendments to the Collier County Growth Management Plan, Ordinance 89-05, as Amended, based upon the Collier County Evaluation and Appraisal Report adopted in 2011 and the Florida Department of Economic Opportunity Objections, Recommendations and Comments Report on these Amendments, and to Transmit the Amendments to the Florida Department of Economic Opportunity. OBJECTIVE: To have the Board of County Commissioners (Board) review and adopt the 2011 Evaluation and Appraisal Report (EAR)-based amendments to the Collier County Growth Management Plan (GMP) and approve their transmittal to the Florida Department of Economic Opportunity(DEO). CONSIDERATIONS: Background Chapter 163, Part II, Florida Statutes, also known as the "Community Planning Act" (prey., the "Local Government Comprehensive Planning Act"), requires all local governments within the State of Florida to maintain comprehensive planning programs based upon an adopted local government comprehensive plan. As part of this process, the local government must provide amendments to the local comprehensive plan a/k/a Growth Management Plan (GMP) guided by Evaluation & Appraisal Report(EAR)recommendations. The periodic amendment process, which occurs once every seven years, as described in Chapter 163.3191, F.S., is a two-phase process. It began with the preparation, by the local government, of an Evaluation & Appraisal Report (EAR). The EAR evaluated the performance of the various Elements of the local government comprehensive plan since the previous EAR-based amendment process. It assessed the successes and failures of the various Goals, Objectives, Policies, and programs included within the local comprehensive plan, and provided recommendations for necessary changes. Additionally, the EAR is the primary means by which the local plan can respond to changes in federal, state or regional planning requirements. The recommendations contained in the EAR became the basis of proposed amendments to the local government comprehensive plan, the second phase in the amendment process. Collier County's first EAR was adopted by the Board of County Commissioners on July 16, 1996. The subsequent EAR-based amendments were adopted on October 18, 1997. The second EAR, which reviewed the performance of Collier County's Growth Management Plan (GMP) from October 1997 to July 1, 2003, was adopted on July 27, 2004. The Florida Depai talent of Community Affairs (DCA), which had oversight for comprehensive plans, amendments, and EARs for all local governments, found the 2004 EAR sufficient on November 15, 2004. The third EAR, which reviewed the performance of the GMP from July 2004 through 2010, was adopted by the Board on January 31, 2011. The DCA found the 2011 EAR sufficient on April 12, 2011. The amendments that are the subject of this hearing are limited in scope primarily to those recommended in the 2011 EAR. Though not necessarily recommended by specific reference in the EAR, general updating and "housecleaning" amendments are allowed as part of this amendment process; these include updating Ordinance numbers, revising/correcting government agency names, word-smithing,reformatting, re-arranging the order of Districts/Subdistricts, and so forth. —1— Transmittal hearings on these amendments were held on December 7, 2011 with the Environmental Advisory Council (EAC); January 26, February 16, March 1 and 6, 2012 with the Collier County Planning Commission (CCPC), and on April 24, 2012 (Board). The requirement to transmit GMP amendments is a simple majority whereas the requirement to adopt is supermajority (minimum of four affirmative votes). Florida Department of Economic Opportunity ORC Report/Staff Response After review of Transmitted GMP amendments the Florida Department of Economic Opportunity (DEO), which replaced the DCA as the official stat Planning agency, rendered an Objections, Recommendations and Comments (ORC) Report. Within the ORC Report, only Objections can form the basis of a non-compliance determination, unless the adopted amendments vary significantly from those transmitted. In their July 6, 2012 ORC Report, the DEO summarized, "[t]he Agency does not identify any objections. However, the... Report outlines a number of technical assistance comments consistent with Section 163.3168(3), F.S. The Agency's technical assistance comments will not form the basis of a challenge. " A significant portion of changes made in response to DEO and external agency Comments serve to technically improve GMP elements. Due to the technical nature of many of the changes, additional data and analysis is not deemed necessary to support them. In the few instances where support documentation is decidedly needed, it is identified in the County Response to the ORC Report and attached thereto. The DEO's entire ORC Report is attached to this Executive Summary. Agencies who provided comments in addition to those from the DEO are the South Florida Water Management District (SFWMD) and the State of Florida Department of Transportation (FDOT). The full Collier County Response to the ORC Report is also attached to this Executive Summary. In the ORC Response document, where a Policy, Objective or other provision is changed in response to a Comment, the proposed revision is provided — using underline/strike-through format. With the exception of the one minor non-ORC Report related amendment noted below, the focus of this Executive Summary and hearing is only on the County responses - and Element revisions, where appropriate - to the ORC Report. Therefore, for purposes of this hearing, this County Response to the ORC Report is the key document in the Executive Summary packet. The ORC Report contained only Comments pertaining to the following Elements/Sub-Elements: Capital Improvement Element (CIE), Future Land Use Element (FLUE), Transportation Element, and Drainage (Stormwater Management) Sub-Element. No Objections or Recommendations were provided by the DEO or the outside review agencies. Element Changes Not Related to ORC Report Generally, it is preferable not to propose Element revisions at the Adoption hearings that are not in response to the ORC Report so as not to create a potential new statutory compliance issue. However, such amendments are allowed, though should be carefully considered. Upon careful consideration, the County is proposing minor changes that are not expected to create compliance issues. The proposed Element changes that follow are not in response to the ORC Report. —2— Changes made to GMP provisions shown to the DEO in transmitted EAR-based GMPAs that are in addition to/or modified since Transmittal include additional word-smithing to Transportation Element Policy 3.5, and Conservation and Coastal Management Element (CCME) Objective 2.1.a & Drainage Sub-Element Policy 6.2 to properly identify an environmental resource permit application document. Changes made to GMP provisions not previously shown to the DEO in transmitted EAR-based GMPAs that are in addition to/or modified since Transmittal include CCME Objective 2.1 and numerous Policies following the 2012 anticipated enactment of HB 503 [concerning environmental regulation and development permit application requirements and procedures], and FLUE mapping corrections to properly identify certain County and State Parks and Preserves. FISCAL IMPACT: There are fiscal impacts to Collier County as a result of some of these amendments to the Growth Management Plan. Some GMP amendments will require the establishment of implementing provisions in the Collier County Land Development Code (LDC) such as, preservation strategies for recreational and commercial working waterfronts in the CCME. It is anticipated these LDC amendments will be drafted by staff. GROWTH MANAGEMENT IMPACT: This is an Adoption public hearing for amendments to the Collier County Growth Management Plan based upon the 2011 EAR. The Florida Department of Economic Opportunity (DEO) will have 45 days to review the adopted Plan amendments for compliance with Chapter 163, F.S., and to issue a "Notice of Intent" to find the amendments "in compliance" or "not in compliance." If determined to be "in compliance", and timely challenge to that determination is not filed by an affected party within 21 days, then the amendments will become effective. LEGAL CONSIDERATIONS: This item is ready for Board consideration and approval. Pursuant to Resolution No. 97-431, an affirmative vote of four is needed for Board approval. [HFAC] RECOMMENDATIONS: Environmental Advisory Council (EAC) The EAC held Adoption hearings on the Conservation and Coastal Management Element, Natural Groundwater Aquifer Recharge Sub-Element, and Drainage (Stormwater Management) Sub- Element on September 5, 2012. By a unanimous vote, the EAC recommended that the CCPC and Board adopt the proposed 2011 EAR-based amendments, with Drainage Sub-Element Policies 6.2 and 6.3, and CCME Objective 2.1.a modified further to better reflect the County's stormwater management practices. Collier County Planning Commission (CCPC) The Collier County Planning Commission held their required Adoption public hearing on October 30, 2012. Staff introduced additional modifications to Transportation Element Policy 3.5, CCME Objective 2.1.a, and Drainage Sub-Element Policy 6.2. Staff also explained how newly-introduced text changes to the Capital Improvement Element (CIE) — not previously seen during EAR considerations—are associated with the adoption of HB 7207. Specifically, proposed CIE language was initially part of the 2012 AUIR-CIE update and amendment. Post HB 7207, the CIE's 5-Year Schedule of Capital Improvements is adopted by (non-GMP amendment) Ordinance. Text changes to the CIE remain a GMP amendment, technically—so these text changes to the CIE are moved into EAR-based Adoption amendments. —3— By a unanimous vote, the CCPC recommended that the Board adopt the proposed 2011 EAR-based amendments, including all staff changes presented at their hearing as noted above. The CCPC recommendations are reflected in the Ordinance Exhibits and in the "Collier County Response to the ORC Report". Comprehensive Planning Staff Staff concurs with the CCPC recommendations. REQUESTED ACTION: That the Board of County Commissioners adopt the 2011 EAR-based Growth Management Plan amendments to Elements of the Collier County Growth Management Plan, including changes incorporated since Transmittal hearings, as noted in the accompanying "Collier County Response to the ORC Report", and transmit the amendments to the Florida Department of Economic Opportunity and appropriate outside review agencies. Prepared by: Corby Schmidt,AICP,Principal Planner, Comprehensive Planning Section Planning and Zoning Department, Growth Management Division Attachments 1. Collier County Response to the ORC Report (with attachments) 2. Adoption Ordinances with Exhibit "A"s for each of the Elements in the GMP 3. DEO July 6, 2012 ORC Report 4. Adoption Staff Report to the October 30, 2012 CCPC 5. Adoption Staff Report to the September 5, 2012 EAC 6. BCC and CCPC Adoption Hearing Legal Advertisements G:ICDES Planning Services IComprehensive12011 EAR-BASED GMP AMENDMENTS\BCC Adoption-EAR-based GMPAs1B-01 Adptn BCC ExecSumm-EAR-based GMPAs.docx —4— Collier County Response to the OBJECTIONS RECOMMENDATIONS AND COMMENTS REPORT FOR PROPOSED COMPREHENSIVE PLAN AMENDMENT: 12-1ER [EAR-based] COLLIER COUNTY CONSISTENCY WITH CHAPTER 163, FLORIDA STATUTES (F.S.) The Collier County proposed comprehensive plan amendments address issues raised in the County's 2011 Evaluation and Appraisal Report, address statutory changes, and update the goals, objectives and policies and other parts of the Growth Management Plan. Responses provided herein fall into one of the following response categories. The first three categories comprise the list of additional changes made in Elements of the Collier County Growth Management Plan that the Department of Economic Opportunity did not previously review. 1) Changes to Plan Elements made in response to DEO Comments 2) Changes to Plan Elements made in response to Comments received from external review agencies 3) Changes to Plan Elements made in response to comments received from review agencies outside the ORC Report 4) Plan Elements with no additional changes Modifications to approved-for-Transmittal versions of Objectives and Policies, or related Element entries proposed by staff in response to the ORC Report or other review agency comments appear as edits [in underline/strike-through format]. 1) ELEMENT CHANGES MADE IN RESPONSE TO DEO COMMENTS D Future Land Use Element(FLUE), Transportation Element(TE): Comment 1: The Department recommends that the County revise the Future Land Use Map to reflect the correct long-term planning timeframe, of at least 2022, and include the revised map with the adopted amendment. Also, the Department recommends that the County update its Transportation Map Series to include the projects in the Collier and Lee Counties MPO's 2035 Long Range Transportation Plan, and Florida Department of Transportation(FDOT) Work Program. The incorporation of these projects into the comprehensive plan helps the Department in its review for consistency of the comprehensive plan with proposed transportation projects being considered for federal and state monies. The projects are reviewed at the state level for the following acts: (1) the National Environmental Protection Act (NEPA), (2) the Florida Coastal Management Program Federal, and (3) the MPO's Transportation Improvement Program(TIP). COLLIER COUNTY RESPONSE: Acknowledged, and the Future Land Use Element and Transportation Element Policies are revised, as shown below. The 2011 EAR (Chapter 2, Sections 2.2 and 2.3) contains data and analysis regarding —1 — Collier County Response to the Objections,Recommendations and Comments Report on 2011 EAR-based Amendments land use inventories and future needs. This data indicates there is adequate land to support the projected population in the FLUM horizon year of 2025. Future Land Use Element Maps as modified for Adoption: Updates to Countywide Future Land Use Map and addition of Coastal High Hazard Area Maps, as indicated below. Future Land Use Map and Map Series a. Amend Countywide Future Land Use Map (FLUM) to: 1. Delete Traffic Congestion Area boundary (correlates to changes in Density Rating System) 2. Revise Coastal High Hazard Area boundary (correlates to changes in Policy 12.2.5 of Conservation and Coastal Management Element and changes in Density Rating System) 3. Revise planning horizon from 2006-2016 to 2012-2025. b. Create new Coastal High Hazard Area Map depicting revised Coastal High Hazard Area boundary — generalized boundary to correlate with that depicted on Countywide FLUM and more precise boundary (correlates to changes in Policy 12.2.5 of Conservation and Coastal Management Element, revised CHHA boundary on Countywide FLUM, and changes in Density Rating System) c. Create new Coastal High Hazard Area Comparison Map depicting revised Coastal High Hazard Area boundary — generalized boundary to correlate with that depicted on Countywide FLUM and more precise boundary — and the now existing (to become former) CHHA boundary for comparison purposes (correlates to changes in Policies 6.1.1 and 12.2.5 of Conservation and Coastal Management Element and revised CHHA boundary on Countywide FLUM) [The above revisions also affect the text entries in the Future Land Use Map Series listing appearing on Future Land Use Element page 1] Transportation Element text as modified for Adoption: A. FUTURE SYSTEM NEEDS The Collier County Metropolitan Planning Organization kMPO). Long Range Transportation Plan's Financially Feasible Plan and Needs Plan as adopted on March 23, 2001 December 10, 2010, are hereby incorporated to define the major roadway needs for Collier County. The 225 2035 Financially Feasible Plan is presented as Map TR-1 and shows the needed roadway improvements that can be funded through the year 2025 2035. Map TR-2 shows the total projected roadway improvements needed by 2025 2035. Note that the Financially Feasible Plan does not include all needs identified through the Urban Area Transportation Study. It only includes the projects that can be funded from reasonably anticipated revenues. While the total 2025 2035 needs are estimated to require funding of approximately -1-7 4.56 billion dollars, the cost feasible plan reflects funding of approximately $1.5 billion 602 million dollars. Based on recent efforts to treat transportation as a top develop measures to close the 0.2 billion dollar shortfall between the total needs plan and cost feasible plan through public/private partnerships such as reserving right of way and drainage. Appendix A presents the 2025 2035 Long Range Transportation Plan resulting from the Urban Area Transportation Study prepared by the MPO as additional data and analysis. Map TR-1 also serves as the Traffic Circulation Map that presents the number of lanes on Collier County Roadways in 2025 2035. Map TR-3 shows the functional classification of the roadways and „ Map TR-3A shows the future functional classifications in the sCounty. The refinement of these plans to incorporate updates to the MPO's Plan, development of a collector road system and results of —2— Collier County Response to the Objections,Recommendations and Comments Report on 2011 EAR-based Amendments corridor specific studies, shall occur on a regular basis upon approval of the Collier County Board of County Commissioners (BCC). *** *** *** *** *** text break *** *** ** *** *** 3. Five-year Capital Facility Program 2002-4006 Table 1 and Figure 1 present The Collier County Transportation Work Program is reported annually in the Annual Update and Inventory Report (AUIR) -- tie !!= •••- - -- for future five- year planning periods. The improvements shown on this table and figure in the AUIR represent a sub-set of the needs identified in the Collier County 202-5 2035 Needs Plan (Map TR-2) and are included in the current Capital Improvement Element (CIE) Schedule of Capital Improvements, as amended annually, for funding within the next five years. 4. Future Traffic Circulation Map Series- Year 2025 2035 Future Traffic Circulation Map-Year 2020 Rule 9J 5.007 Section 163.3177 (6)(b)(1), Florida Statutes requires a map or map series showing the general location of the existing and proposed transportation system features. This map series that presents the following: number of lanes on each facility; roadway functional classification; and multi- modal facilities (ports, airports, and rail lines). Map TR-1 (The 2025 2035 Financially Feasible Transportation Plan) serves as the 2025 2035 Traffic Circulation Map showing the number of lanes on Collier County Roadways. Map TR-3 shows the 2025 roadway functional classification and the multi-modal facilities in the sCounty. [The above revisions also affect the entries in the List of Tables, Maps and Figures appearing on Transportation Element page 2] Transportation Element Maps as modified for Adoption: Updates to Map TR-1 and Map TR-2 as indicated by text modifications above. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ➢ Future Land Use Element (FLUE), Public Facilities Element/Drainage Sub-Element (the Stormwater Management Sub-Element, upon adoption), Capital Improvement Element(CIE): Comment 2: House Bill (HB 7207) repealed Rule 9J-5, F.A.C., and incorporated certain definitions and provisions of the Rule into the Florida Statutes. It is recommended that the references to Rule 9J-5, F.A.C., be removed from FLUE Policy 2.4 and Transportation Element Policy 5.8. Also, any other references to Rule 9J-5, F.A.C., should be deleted from the County's comprehensive plan. Additionally, the Department recommends that Drainage Sub-Element Policy 6.3.1 be updated to reference Section 403.814(12), F.S. The currently referenced Rule 40E-400.315, F.A.C., does not exempt projects from off-site discharge limitations, and this rule will be superseded on July 1, 2012 with the aforementioned Statute. COLLIER COUNTY RESPONSE: Acknowledged, and a number of Policies are revised, [also addressing FDOT Comment no. 3 and SFWMD Comment no. 1]as follows: Public Facilities Element/Drainage Sub-Element (the Stormwater Management Sub-Element, upon adoption): -3 — Collier County Response to the Objections,Recommendations and Comments Report on 2011 EAR-based Amendments Policy 6.3: Allowable off-site discharge rates shall be computed using a storm event of 3 day duration and 25 year return frequency. The allowable off-site discharge rates are as follows: a. Airport Road North Sub-Basin 0.04 cfs/acre (North of Vanderbilt Beach Road) b. Airport Road South Sub-basin 0.06 cfs/acre (South of Vanderbilt Beach Road) c. Cocohatchee Canal Basin 0.04 cfs/acre d. Lely Canal Basin 0.06 cfs/acre e. Harvey Basin 0.055 cfs/acre f. Wiggins Pass Basin 0.13 cfs/acre g. All other areas 0.15 cfs/acre The County may exempt projects from these allowable off-site discharge rates if any of the following applies: 400.315, FAC. 103.811(12), F.S. 2- 1. (re-numbered only) 3, 2. (re-numbered only) Future Land Use Element text as modified for Adoption: Policy 2.4: •Pursuant to - -- !-- _ - -. - .e- A - --e- Section 163.3180, Florida Statutes and the Urban Infill and Urban Redevelopment Strategy contained in this Element, development located within the South U.S. 41 Transportation Concurrency Exception Area (TCEA) (See Map TR- 4) may be exempt from transportation concurrency requirements, so long as impacts to the transportation system are mitigated using the procedures set forth in Policy 5.5 of the Transportation Element. Transportation Element text as modified for Adoption: Policy 5.8: Should the TIS for a proposed development reflect that it will impact either a constrained roadway link and/or a deficient roadway link within a TCMA as determined in the most current Annual Update and Inventory Report (AUIR), by more than a de minimis amount (more than 1% of the maximum service volume at the adopted LOS), yet continue to maintain the established percentage of lanes miles indicated in Policy 5.7 of this Element, a proportionate share congestion mitigation payment shall be required as follows: a. Congestion mitigation payments shall be calculated using the formula established in Rule 9J !- - - • e - • - - -e- Section 163.3180(5)(h), Florida Statutes. The facility cost for a constrained roadway link shall be established using a typical lane mile cost, as determined by the Collier County Transportation Administrator, of adding lanes to a similar area/facility type as the constrained facility. b. Congestion mitigation payments shall be utilized by Collier County to add trip capacity within the impacted TCMA, road segment(s) and/or to enhance mass transit or other non-automotive transportation alternatives, which adds trip capacity within the impact fee district or adjoining impact fee district. —4— Collier County Response to the Objections,Recommendations and Comments Report on 2011 EAR-based Amendments c. Congestion mitigation payments under this Policy shall be determined subsequent to a finding of concurrency for a proposed project within a TCMA and shall not influence the concurrency determination process. d. No impact will be de minimis if it exceeds the adopted LOS standard of any affected designated hurricane evacuation routes within a TCMA. Hurricane routes in Collier County are shown on Map TR-7. Any impact to a hurricane evacuation route within a TCMA shall require a proportionate share congestion mitigation payment provided the remaining LOS requirements of the TCMA are maintained. OTHER INSTANCES OF REFERENCES TO RULE 9J-5, F.A.C., TO BE REVISED: CIE INTRODUCTION section—page 1; plus legislation cites and quotations; I. INTRODUCTION In 1985 and 1986, the Florida Legislature significantly strengthened the requirements for county and city comprehensive plans. These growth management statutes were found in the "Local Government Comprehensive Planning and Land Development Regulation Act" until maior changes were made by the 2011 Florida Legislature, most by HB 7207 (with minor amendments by HB 639), which is now Chapter 2011-139, Laws of Florida. Included with these changes was to re-name the Chapter 163 act from the "Local Government Comprehensive Planning and Land Development Regulation Act" to the "Community Planning Act", giving new emphasis to the role of local government. One of the provisions of the --- - ----- - - - -- - - - - - - - - - `- - -- - - -Community Planning Act is the requirement that the comprehensive plan must contain a Capital Improvement Element "...to consider the need for and the 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 to meet established acceptable levels of service." The administrative ve 'e- - •••e ----- -- 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." --. - e- -.99- = , e- ' e - - - • - -es- (Section 163.3164(28), Florida Statutes). CCME Policy 6.2.1 —page 26; Policy 6.2.1: As required by Florida Administrative Code 9J5 5.006(1)(b), wWetlands identified by the 1991 95 the current SFWMD land use and land cover inventory are mapped on the Future Land Use Map series. For a proposed project identified on this map series, -- - _ -_ - _- - ' '-e _ - '_ • e•- • _ the exact location of jurisdictional wetland boundaries shall be verified by a jurisdictional field delineation, subject to Policy 6.2.2 of this Element, at the time of Environmental Resource Permitting. —5— Collier County Response to the Objections,Recommendations and Comments Report on 2011 EAR-based Amendments FLUE SUMMARY section—page 3; The third section consists of Support Document: Land Use Data and Analysis. The information found there provides a basis for the Implementation Strategy and serves to meet the requirements of Section 9J 5.006, Florida Administrative Codc Section 163.3177(6)(a), Florida Statutes,,gin requirements for the Future Land Use Element. OVERVIEW, subsection B—page 4; B. BASIS [reflects merger of Ordinance No. 2002-32 and 2002-54] This Element is based in large part on the Future Land Use Element adopted as part of the 1983 and 1989 Collier County Comprehensive Plans. The land use strategy put forth in those Plans have served Collier County well, therefore, a general continuation is provided. The best characteristics of the 1983 and 1989 Comprehensive Plans included the use of a binding Future Land Use Map with designated "Urban" areas and the confinement of intensive Zoning Districts, thus intensive land uses, to those areas. Moreover, this Element includes a strategy for the protection of natural resources and agri-business in the Rural Fringe Mixed Use District [and] Rural Lands Stewardship Area by employing various regulations and incentives to direct incompatible land uses away from such natural resources and to enhance the economic viability of agri-business. In addition, this Element is based on the Support Document: Land Use Data and Analysis, and the summation of the detailed planning conducted for each of the other portions of the Comprehensive Plan. Data, analysis and implementation strategies from the various elements have contributed to the geographic framework through the configuration of the designations on the Future Land Use Map and the associated standards for use of land. The State Comprehensive Plan and the Southwest Florida Regional Comprehensive Policy Plan form another basis for the Future Land Use Element. Chapter 163, Florida Statutes, the "local Government Comprehensive Planning and Land Development Regulation Community Planning Act" and Chapter 9J 5, Florida Administrative Code, "Minimum Criteria for Review of Local Comprehensive Plans and Determination of Compliance," provides detailed requirements on the scope and content of the Element. OVERLAYS AND SPECIAL FEATURES, Area of Critical State Concern Overlay, subsection A— pages 87— 89; A. Area of Critical State Concern Overlay The Big Cypress Area of Critical State Concern (ACSC) was established by the 1974 Florida Legislature. The Critical Area is displayed on the Future Land Use Map as an overlay area. The Critical Area encompasses lands designated Conservation, Agricultural/Rural, Estates and Urban (Port of the Islands, Plantation Island and Copeland). The ACSC regulations notwithstanding, there is an existing Development Agreement between Port of the Islands, Inc. and the [then] State of Florida Department of Community Affairs, approved in July 1985, which regulates land uses in the Port of the Islands Urban area; and, there is an Agreement between the Board of County Commissioners and the Florida Department of Community Affairs, approved in April 2005, pertaining to development in Plantation Island. Chokoloskee is excluded from the Big Cypress Area of Critical State Concern. All Development Orders within the Critical Area shall comply with Chapter 28-25, Florida Administrative Code, "Boundary and Regulations for the Big Cypress Area of Critical State Concern". Those regulations include the following: *** *** *** *** *** text break *** *** *** *** *** — 6— Collier County Response to the Objections,Recommendations and Comments Report on 2011 EAR-based Amendments All Development Orders issued for projects within the Big Cypress Area of Critical State Concern shall be rendered to the State of Florida Department of Community Affairs Economic Opportunity for review with the potential for appeal to the Administration Commission per Chapter 9J--1- 73C-44, Florida Administrative Code, "Community Planning, Development Order Requirements for Areas of Critical State Concern". RLSA Policy 1.16—page 98; Policy 1.16: Stewardship Receiving Areas will accommodate uses that utilize creative land use planning techniques and Credits shall be used to facilitate the implementation of innovative and flexible development strategies described in Chapter 163.3177(11), F.S. and 9J 5.006(5)(1) Section 163.3168(2), Florida Statutes. RLSA Policy 4.6—page 105; Policy 4.6: SRA characteristics shall be based upon innovative planning and development strategies referenced in Chapter 163.3177(11), F.S. and 9J 5.006(5)(1) Section 163.3168(2), Florida Statutes. These planning strategies and techniques include urban villages, new towns, satellite communities, area- based allocations, clustering and open space provisions, and mixed-use development that allow the conversion of rural and agricultural lands to other uses while protecting environmentally sensitive areas, maintaining the economic viability of agricultural and other predominantly rural land uses, and providing for the cost-efficient delivery of public facilities and services. Such development strategies are recognized as methods of discouraging urban sprawl. GGAMP OVERVIEW, subsection A—page 3; A. COUNTY-WIDE PLANNING PROCESS•Pursuant to _ - e - =-, - -- - - - - , -- " --- -- - ----- -e-•e ---- '. - • -•-•-e -•- Land Development Regulation Act" and Chapter 9J 5, Florida Administrative Code, "Minimum Criteria _ -- - _ e—- __ _ ---- • - • _ • _ _ 9- - •• _ •_• _ _ _ - •- --" Section 163.3177(6), Florida Statutes, the Collier County Growth Management Plan shall contain the following elements: 1. Future Land Use 2. Housing 3. Public Facilities 4. Conservation and Coastal Management (Coastal Counties only) 5. Intergovernmental Coordination 6. Capital Improvements 7. Transportation 8. Recreation and Open Space. In addition to the above Elements, local government comprehensive plans in Florida may, by decision of the local legislative body, contain one or more optional elements. Optional elements are required to comply with certain general criteria under ' - - •. -, - .e- A e-••••• - - - -_- Section 163.3177, Florida Statutes, but are not subject to specific requirements (with some exceptions). In 1991, the Board of County Commissioners chose the option of adopting the Golden Gate Area Master Plan, in recognition of the unique characteristics of the Golden Gate Area. — 7— Collier County Response to the Objections,Recommendations and Comments Report on 2011 EAR-based Amendments In addition to establishing the Collier County Growth Management Plan's mandatory structure, Chapter 163, F.S. and Rule 9J 5, F.A.C. Florida Statutes, also subjects the Plan to a mandatory evaluation process every seven (7) years. This process involves the preparation of an Evaluation and Appraisal Report Review (EAR) to determine whether, and to what extent, the existing Growth Management Plan has carried out its stated Goals, Objectives and Policies. ICE Policy 3.1 —page 5; Policy 3.1: Based upon --- -- •- -.! - - - •., - -- • e•• - - - -e s- Section 163.3177(h), Florida Statutes, 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. ROSE INTRODUCTION section—page 1; Chapter 163.3177(6)(e), Florida Statutes, requires each local government comprehensive plan to have "a recreation and open space element indicating a comprehensive system of public and private sites for recreation, including, but not limited to, natural reservations, parks and playgrounds, parkways, beaches and public access to beaches, open spaces, and other recreational facilities." However, Chapter 9J 5.011, Florida Administrative Code, which formerly contained the Florida Department of Community Affairs' "Minimum Standards" for review of local Recreation and Open Space Elements, has been deleted. Thus, w While the Recreation and Open Space Element remains a requirement for local comprehensive plans in the State of Florida, the format and contents of such an Element may be tailored to local needs, provided that the intent of the Statute is met. This Recreation and Open Space Element was recently updated, as recommended by the Community Character/ Smart Growth Advisory Committee, by Ordinance No. 2003-67, adopted on December 16, 2003, to further implement the Collier County Community Character Plan and "Smart Growth" principles. Transportation Element IMPLEMENTATION STRATEGY, Introduction—page 11, paragraph 3; The Collier County Transportation Element meets the requirements of Chapter 163, Part II, Florida Statutes (FS), the " e—- - -••-- - - - - - - - - - - - - - __ •-- - - -Community Planning Act;" - •- -- - .e- .--- -•-- - -- •- - ' - - .! • _ Administrative Code (FAC). The County has coordinated this Transportation Element with the Long Range Transportation Plan of the Collier County Metropolitan Planning Organization (MPO). Policy 5.4 —page 16; Policy 5.4: Pursuant to Rule 9J 5.0055(6)(a)3., Florida Administrative Code Section 163.3180, Florida Statutes and the Urban Infill and Urban Redevelopment Strategy contained in the Future Land Use Element of this Plan, the South U.S. 41 Transportation Concurrency Exception Area (TCEA) is hereby designated. Development located within the South U.S. 41 TCEA (MapTR-4) may be exempt from transportation concurrency requirements, so long as impacts to the transportation system are mitigated using the procedures below: —8— Collier County Response to the Objections,Recommendations and Comments Report on 2011 EAR-based Amendments * * * * * * * * * * * * * * * * * * * D Transportation Element (TE): Comment 3: If the County chooses to continue to implement transportation concurrency, then by or during the next Evaluation and Appraisal cycle, the plan must be amended to meet the requirements of Section 163.3180(5)(h), F.S. This includes an amendment to allow an applicant for a Development of Regional Impact, rezoning, or other land use development permit to satisfy transportation concurrency and Section 380.06, F.S., when applicable, through proportionate share mitigation consistent with the provisions of Section 163.3180(5)(h)3, F.S. During the interim, the County must apply the new statutory provisions to any plan amendments or development orders, particularly the new proportionate share provisions. COLLIER COUNTY RESPONSE: Acknowledged, and provisions for concurrency management are found in the Capital Improvement Element, particularly Objective 5 and Policy 5.3 for transportation concurrency, and Policy 5.8 of the Transportation Element. The County agrees that by or during the next Evaluation and Appraisal cycle, the Collier County Growth Management Plan will be amended to meet the requirements of Section 163.3180(5)(h), F.S. This includes an amendment to allow an applicant for a Development of Regional Impact, rezoning, or other land use development permit to satisfy transportation concurrency and Section 380.06, F.S., when applicable, through proportionate share mitigation consistent with the provisions of Section 163.3180(5)(h)3, F.S. During the interim, the County will apply the new statutory provisions to any plan amendments or development orders, particularly the new proportionate share provisions. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * D Future Land Use Element (FLUE): Comment 4: The Department reminds the County, pursuant to Sections 163.3177(6)(a)3.b., and 163.3177(6)(a)11.,F.S., the comprehensive plan is required to adopt by June 30, 2012 compatibility standards regarding all public airports as defined by Sections 330.27 and 330.02, F.A.C. While the County includes a compatibility FLUE Objective 3 and Policy 3.1.i for the Naples Airport, it should add compatibility standards for the following public airports: the Everglades Airpark, the Immokalee Airport, and the Marco Island Airport. COLLIER COUNTY RESPONSE: Future Land Use Element (FLUE) Policy 3.1.i. is revised to reference the existing compatibility provisions in the Collier County Land Development Code pertaining to all four airports. FLUE text as modified for Adoption: Policy 3.1: Land Development Regulations have been adopted into the Collier County Land Development Code (LDC) that contain provisions to implement the Growth Management Plan through the development review process. These include the following provisions: *** *** *** *** *** text break *** *** *** *** *** —9— Collier County Response to the Objections,Recommendations and Comments Report on 2011 EAR-based Amendments i. The mitigation of incompatible land uses within the area designated as the Airport Noise Area Overlay on the Future Land Use Map shall be accomplished through: implementation of regulations that require sound-proofing for all new residential structures built within the 65 LDN Contour; recording of the legal description of the noise contour boundary in the property records of the County; and, the inter-local agreement with the Naples Airport Authority that requires the County to notify the Authority of all development proposals located within 20,000 feet of the airport that exceed height standards established by the Federal Aviation Administration. Additionally, to address compatibility with the Naples Municipal Airport, Marco Island Executive Airport, Everglades Airpark and Immokalee Regional Airport, the County will continue to implement the following provisions in the Collier County Land Development Code, Ordinance No. 04-41, as amended: Section 2.03.07C., Airport Overlay (APO); Section 4.02.06, Standards for Development in Airport Zones; and,Appendix D,Airport Zoning. 2) ELEMENT CHANGES MADE IN RESPONSE TO EXTERNAL REVIEW AGENCY COMMENTS Agencies who provided comments in addition to those from the DEO are the South Florida Water Management District (SFWMD) and the State of Florida Department of Transportation (FDOT). ➢ Capital Improvement Element (CIE): Agency Comment: Re: CIE Policies 1.5.A and B as transmitted by the County — Policies 1.5.A and B establish LOS standards for roadways [with] reference to "FIHS". The FIHS has been discontinued by [FDOT] in accordance with recent legislation and has been incorporated into the Strategic Intermodal System (SIS). Per s. 163.3180, the County now has the ability to establish its own LOS standards on SIS and emerging SIS transportation facilities. While exiting non-state facilities funded by the Transportation Regional Incentive Program (TRIP) are also not bound to state LOS standards, the county should abide by any applicable TRIP finding agreement requirements for these facilities. For new TRIP funded facilities, [FDOT] should be consulted to insure consistency with the SIS Plan pursuant to s. 339.2819. For SIS facilities, [FDOT] encourages Collier County to coordinate with [us] and establish LOS standards consistent with the new FDOT LOS policy and procedure that was recently approved by FDOT's Executive Board. [FDOT] recommends that specific standards should be considered. [FDOT Comment no. 1 of 4,paraphrased for brevity] County Response: No new LOS standards are being established by this proposal; previously established LOS standards are simply being relocated from the Transportation Element to the CIE. Nonetheless, the County acknowledges the FDOT recommendations. Collier County has consistently abided by applicable TRIP funding agreement requirements for these facilities and has historically, and will continue to, consult and coordinate with FDOT where TRIP or SIS facilities are under consideration. — 10— Collier County Response to the Objections,Recommendations and Comments Report on 2011 EAR-based Amendments The County makes no further changes to the CIE based on this FDOT Comment. CIE text as modified for Adoption: Policy 1.5: The standards for levels of service of public facilities shall be as follows: A. Roadways: 1. Arterials and collector roads: Level of Service indicated below on the basis of peak hour, traffic volume: Level of Service "E" on all six-lane roads: 2. Level of Service "D" peak hour on all other County an4 or State arterial and collector roads not on the Florida Intrastate Highway System (FIHS) Strategic Intermodal System (SIS). 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 and for 1-75. The standards for 1-75 are as follows: EXISTING EXISTING TRANSITIONING RURAL AREA URBANIZED AREA URBANIZED AREA 1-75 BD GD GD * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ➢ Conservation and Coastal Management Element (CCME) Agency Comment: Re: CCME Objective 2.1.a as transmitted by the County — New development and re-development is required to meet 150% of the water quality volumetric requirements of Section 5.2.1.a of the [District's] Basis of Review document. This information manual is not [or will soon no longer be] the correct resource document. See cross reference in Drainage Sub-Element Policies 6.2 and 6.3. District will provide new document name when change occurs. [SFWMD comment provided outside ORC Report,paraphrased for brevity] County Response: Acknowledged, and recommended text change will be made. South Florida Water Management District will work with County staff to provide correct document name and amend Policy prior to adoption. Additional 18 October 12 Response Comments: District personnel were expecting the new document would be approved by now, but it isn't going to be. HB 7003 directed the Florida Department of Environmental Protection (DEP) to work with water management districts to initiate rulemaking prior to adopting a statewide environmental resource permitting rule. This has been occurring with several public workshops and the District has taken steps to amend and rename the Basis of Review for Environmental Resource Permit Applications in accordance with the statewide effort. DEP and all water management districts will have the same document take effect at the same time and indications are it will probably be March or April of 2013. With that said, the official name of the document currently in effect for this section is: — 11 — Collier County Response to the Objections,Recommendations and Comments Report on 2011 EAR-based Amendments Basis of Review for Environmental Resource Permit Applications Within the South Florida Water Management District, 2012 Once adopted, the new name will be Environmental Resource Permit Applicant's Handbook Volume II. Volume II will be adopted into Rule 40E-4.091 F.A.C. Notes: A similar recommended text change is mirrored in Drainage Sub-Element Policy 6.2. Additionally, Objective 2.1.c is revised to reflect the effective date of FEMA maps (May 16, 2012). [Modifications to the approved for Transmittal version (shown in single underline/single strike-through format) of the CCME Objective is provided here in double underline/double strike-through format.] CCME text as modified for Adoption: OBJECTIVE 2.1.a: All new development and re-development projects shall meet 150% of the water quality volumetric requirements 5.2.1(a) of the Basis of Review for Environmental Resource Permit Applications Within the South Florida Water Management District (February 2006 2012) and the - -- - - •: -- -- .e- - -. ----- , editio44 or its successor, in effect at the time of project approval, and the allowable off-site discharge rates required by Drainage Stormwater Management Sub- Element Policy 6.2 and 6.3, respectively; * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Agency Comment provided with ORC Report: Re: CCME Policy 2.2.5 as transmitted by the County—Remove the reference for District coordination to develop and implement a plan to encourage inspections of stormwater systems from [this Policy]. The District does not require these inspections. However, the District is available to provide technical assistance and to coordinate education efforts with the County regarding the importance of periodic inspections and maintenance. [SFWMD Comment No. 2 of 2,paraphrased for brevity] County Response: Acknowledged. The below Policy has been revised to reflect that the District will not be actively involved with developing said plan, performing system inspections or enforcing compliance. CCME text as modified for Adoption: Policy 2.2.5: The County will seek technical assistance from the South Florida Water Management District, and coordinate with the Florida Department of Environmental Protection to develop and implement a plan to encourage By December 31, 2008, and no less than every three years, stormwater management systems shall be periodically inspected and, if feasible, certified by an licensed Florida appropriate professional engineer for compliance with their approved design, and any deficiencies shall be corrected. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * — 12 — Collier County Response to the Objections,Recommendations and Comments Report on 2011 EAR-based Amendments ➢ Transportation Element (TE) Agency Comment: Re: Transportation Element Objective 2 as transmitted by the County — Policies 1.3 and 1.4 of the Transportation Element were revised to reference the adopted LOS standards for roadways included in Policy 1.5 of the CIE. [Refer to] FDOT Comment no. 1, as it relates to Policy 1.5 of the CIE. [FDOT Comment no. 2 of 4,paraphrased for brevity] County Response: Acknowledged, and the Objective is revised to replace the "Policy 1.3" reference with "Policy 1.5 in the Capital Improvement Element, as follows. No change to Transportation Element is necessary. Transportation Element text as modified for Adoption: OBJECTIVE 2: Maintain the adopted Level of Service standard as provided for in Policy 1.3 Policy 1.5 in the Capital Improvement Element by making the improvements identified on the Five (5) Year Work Program. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Future Land Use Element(FLUE) Agency Comment: Re: FLUE Section I.B.3 of the Future Land Use Designation Description Section as transmitted by the County — [FDOT] provides extended comments about revision to replace Traffic Congestion Area Density reduction guidelines with Coastal High Hazard Area Density reduction guidelines. This section also revised to exempt [certain] properties within the Coastal High Hazard Area (CHHA) from the density reduction factor. [FDOT] recommends that analysis be provided to determine the impact of replacing the Traffic Congestion Area Density reduction guidelines with the Coastal High Hazard Area Density reduction guidelines. Should substantial additional development occur from this amendment, it is recommended that an area wide traffic study be conducted and supporting documentation be provided to establish whether state roadways within the County will operate at their adopted LOS standards, as identified within the County's [GMP] during short term (2017) and tong term (2035) horizon year conditions. [FDOT] provides additional recommendations should any roadway segments are found to operate under adverse conditions in the short or long terms. [FDOT Comment no. 4 of 4,paraphrased for brevity] County Response: Regarding the issue of increased traffic associated with increased density allowance via elimination of Traffic Congestion Area (TCA) boundary and replacement with Coastal High Hazard Area (CHHA) boundary: • Staff's analysis shows a potential density increase of 628 total dwelling units [population of 1,009 persons] which yields a potential increase of 5,637 total daily trips. These potential trips would be — 13 — Collier County Response to the Objections,Recommendations and Comments Report on 2011 EAR-based Amendments spread from the Lee County line down to an area around Davis Boulevard (SR 84). (Please see the attached spreadsheet of affected properties, titled: Density Rating System Proposed Changes— Density Increase and Trip Generation; the attached spreadsheet, titled: Table A — Collier County EAR Traffic Analysis in regards to changing from a TCA to a CHHA; and, the attached map, titled: Exhibit A, Coastal High Hazard Area Comparison Map — with handwritten additions, identing the spatial distribution, by Section, of the potential increased dwelling units.) • The potential density increase of 628 dwelling units is the maximum increase. Some percentage of the eligible properties will not seek the eligible dwelling unit increase; some properties will not be rezoned to allow residential development, rather will develop under the existing zoning or be rezoned to another non-residential zoning district; and, some properties will be rezoned to allow residential development but not seek the eligible density bonus, that is, will be rezoned to allow a density at or below the existing maximum of 3 dwelling units per acre. However, the attached analysis assumed total utilization of the additional 628 dwelling units. Collier County has determined that if the TCA reduction area is replaced with the CHHA area reduction, there are 303 total acres affected. The County has calculated that the potential additional dwelling units on these acres are a maximum of 628 dwelling units. From this information, the County has determined that a maximum number of new PM Peak Hour Directional trips would be approximately 549 vehicles per hour (vph) while the maximum number of new ADT would be approximately 5,637 vehicles per day (vpd) throughout the County. An analysis was completed to determine how these potential additional trips could affect state facilities. This analysis (see attached Table A) shows the following. Short term (PM Peak Hour Directional Trips per the 2012 AUIR): • US 41 from Pine Ridge Road to the Lee County line could increase by up to an additional 10 vph (a de minimus impact) • SR 84 (Davis Boulevard) from Airport Road to County Barn Road could increase by up to an additional 100 vph(a 5.0% impact). • SR 84 (Davis Boulevard) from County Barn Road to Santa Barbara Boulevard could increase by up to an additional 40 vph (a 1.8% impact). • SR 84 (Davis Boulevard) from Santa Barbara Boulevard to Collier Boulevard could increase by up to 40 vph(a 1.4% impact). • All segments are projected to operate within Level of Service (LOS) standards in the short term (next few years). Long term(Average Annual Daily Trips per the Existing plus Committed (E&C)network for the 2035 LRTP amendment currently in progress): • US 41 from Pine Ridge Road to the Lee County line could increase by up to an additional 50-100 vpd (a de minimus impact) • SR 84 (Davis Boulevard) from Airport Road to County Barn Road could increase by up to an additional 1,500 vpd (a 4.7% impact). • SR 84 (Davis Boulevard) from County Barn Road to Santa Barbara Boulevard could increase by up to an additional 500 vpd (a 2.2% impact). • SR 84 (Davis Boulevard) from Santa Barbara Boulevard to Collier Boulevard could increase by up to 500 vph (a 1.4% impact). — 14— Collier County Response to the Objections,Recommendations and Comments Report on 2011 EAR-based Amendments • All segments are projected to operate within Level of Service (LOS) standards in the long term with the exception of US 41 from Wiggins Pass Road to the Lee County line with is projected to not operate within the LOS standard with or without the change from a TCA to a CHHA. The potential impact of this change from a TCA to a CHHA to this segment of US is "de minimus." No additional changes are necessary to the Future Land Use Element (FLUE). FLUE text as transmitted for Adoption: 3. Density Reduction (Consistency with the following characteristic would subtract density:) a. Traffic Congestion Coastal High Hazard Area If the project lies within the Traffic Congestion Coastal High Hazard Area, an ar a identified as subject to long range traffic congestion, one dwelling unit per gross acre shall would be subtracted from the eligible base density of four dwelling units per acre — except for those properties within the Coastal High Hazard Area in Section 1, Township 50 South, Range 25 East. The Traffic Congestion Boundary Coastal High Hazard Area boundary is generally shown on the Future Land Use Map and is more precisely shown in the Future Land Use Map series; and consists of all lands lying the western coastal Urban Designated Area seaward of that a boundary are within the Coastal High Hazard Area. marked by Airport Pulling Road Hammock Road and County Road 951 (including an extension to the east, but exclusive of•- - " • ---- ' -- - - -- - - -- -• ' -- - -- -- -- - the Traffic Congestion Area if their only access is to a road forming the boundary of the Area; however, if that property also has an access point to a road not forming the boundary of the _ - tFansportation, pursuant to the c - -- - - -- -- - --- - - -- - - -••-- Land Development Code, as amended) as part of the plan of development. This reduction Policies 5.7 and 5.8, and that include Affordable Housing (as per Section 2.7.7. of the Collier 3) ELEMENT CHANGES MADE IN RESPONSE TO COMMENTS RECEIVED OUTSIDE THE ORC REPORT Generally, it is preferable not to propose Element revisions at the Adoption hearings that are not in response to the ORC Report so as not to create a potential new statutory compliance issue. However, minor revisions and tweaks may be carefully considered. The additional changes that follow are not in response to the ORC Report. — 15— Collier County Response to the Objections,Recommendations and Comments Report on 2011 EAR-based Amendments ➢ Capital Improvement Element (CIE) Agency Comment: Re: CIE Policy 1.5.0 as transmitted by the County— Policy 1.5.0 is supposed to cross reference LOS for Drainage (Stormwater Management) Sub-Element but no LOS there, which introduced a circular reference between the Drainage (Stormwater Management) Sub-Element and the CIE. [SFWMD comment provided outside ORC Report,paraphrased for brevity] County Response: Acknowledged; Ordinances listed in subsection "1" should include third and fourth references, adding Ordinance 2001-27 and LDC Ordinance 2004-41, as amended; the complete list of reference cites did not migrate from Transmittal Exhibit "A" for the Drainage (Stormwater Management) Sub-Element, and recommended text change is made. No associated changes necessary to Drainage (Stormwater Management) Sub-Element. CIE text as modified for Adoption: Policy 1.5: C. County Surface Water Stormwater Management Systems: 1. Future "private" developments - water quantity and quality standards as specified in Collier County Ordinances 74-501 an4 90-10, and 2001-27, and Land Development Code Ordinance 2004-41, as amended. 2. Existing "private" developments and existing or future public drainage stormwater management 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 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 — 16— Collier County Response to the Objections,Recommendations and Comments Report on 2011 EAR-based Amendments COCOHATCHEE RIVER SYSTEM Cocohatchee River Basin D Pine Ridge Canal Basin C Palm River Canal Basin 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 Goodlette-Frank Road Ditch Basin D HENDERSON CREEK BASIN Henderson Creek Basin D LEVELS OF SERVICE ATTAINED BY BASINS BASIN LEVEL OF SERVICE FAKA-UNION SYSTEM Faka-Union Canal Basin Miller Canal Basin D Merritt Canal Basin C Prairie Canal Basin SOUTHERN COASTAL BASIN US-41 Outfall Swale No. 1 Basin D US-41 Outfall Swale No. 2 Basin D Seminole Park Outlet Basin C BARRON RIVER SYSTEM Okaloacoochee Slough Basin D Barron River Canal North Basin C Urban Immokalee Basin C MISCELLANEOUS INTERIOR WETLAND SYSTEMS Corkscrew Slough Basin D * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ➢ Public Facilities Element/Drainage Sub-Element (the Stormwater Management Sub-Element upon adoption) Agency Comment: Re: Public Facilities Element/Drainage Sub-Element Policy 2.1 as transmitted by the County — This unchanged Policy was relocated to the Capital Improvement Element (CIE) in Transmittal. But not all levels of service standards entries appear in CIE Policy 1.5.C, which created a circular reference between the CIE and the Drainage (Stormwater Management) Sub-Element. [SFWMD comment provided outside ORC Report,paraphrased for brevity] County Response: Acknowledged; staff evaluated Policy 2.1.B and confirmed accuracy of Ordinance cites in Policy 2.1.A. Ordinances listed in subsection "A" properly include Ordinance 2001-27 and LDC Ordinance 2004-41, as amended; but, a complete list of cites did not migrate to Transmittal Exhibit "A" for the CIE. The CIE [Exhibit "Al has been revised as necessary to resolve both issues. No associated changes are necessary to the Drainage (Stormwater Management) Sub-Element. — 17— Collier County Response to the Objections,Recommendations and Comments Report on 2011 EAR-based Amendments Agency Comment: Re: Public Facilities Element/Drainage Sub-Element Policy 6.2 as transmitted by the County — As with this reference to it in the CCME, this information manual is not [or will soon no longer be] the correct resource document. See cross reference in remarks addressing Drainage Sub-Element Policies 6.2 and 6.3. District will provide new document name when change occurs. Additional 18 October 12 Response Comments: District personnel were expecting the new document would be approved by now, but it isn't going to be. HB 7003 directed the Florida Department of Environmental Protection (DEP) to work with water management districts to initiate rulemaking prior to adopting a statewide environmental resource permitting rule. This has been occurring with several public workshops and the District has taken steps to amend and rename the Basis of Review for Environmental Resource Permit Applications in accordance with the statewide effort. DEP and all water management districts will have the same document take effect at the same time and indications are it will probably be March or April of 2013. With that said, the official name of the document currently in effect for this section is: Basis of Review for Environmental Resource Permit Applications Within the South Florida Water Management District, 2012 Once adopted, the new name will be Environmental Resource Permit Applicant's Handbook Volume II. Volume II will be adopted into Rule 40E-4.091 F.A.C. [SFWMD comments provided outside ORC Report,paraphrased for brevity] County Response: Acknowledged, and recommended text change will be made. South Florida Water Management District will work with County staff to provide correct document name and amend Policy 6.3.3. The same document is referenced in CCME; the recommended text change will be made to the corresponding Policies in both Elements. [Modifications to the approved for Transmittal version (shown in single underline/single strike-through format) of the Drainage Sub-Element Policy is provided here in double underline/double strike-through format.] Drainage Sub-Element text as modified for Adoption: Policy 6.2: Collier County's retention and detention requirements criteria shall be the same aJ one hundred and fifty percent (150%) of these the water quality volumetric requirements provided in Seetio44 5.2.1(a)of the Basis of Review for Environmental Resource Permit Applications Within the South Florida Water Mana•_ement District 2012 or its successor t—_---__-_=_ -_—_-_ --= --- - =— - -_= _ , as it existed at the time of project approval. * * * * * * * * * * * * * * * * * * * * * * * * ➢ Public Facilities Element/Natural Groundwater Aquifer Recharge Sub-Element(NGWAR) Agency Comment provided with ORC Report: Re: NGWAR Policy 2.4 as transmitted by the County—Florida Statute subsection 373.0395, regarding groundwater basin resource availability inventory, particularly subsection (3), regarding prime groundwater recharge areas — along with requirements to submit such inventory to localities for considering in future Plan revisions — has been deleted. Further, the District posts the groundwater — 18— Collier County Response to the Objections, Recommendations and Comments Report on 2011 EAR-based Amendments basin resource availability inventory on the interne, which renders publication of such a report obsolete. [SFWMD comment provided outside ORC Report,paraphrased for brevity] County Response: Acknowledged. No EAR-based amendment had been recommended other than word-smithing. In addition to its reference to an obsolete SFWMD publication, the evaluation discussed by this Policy had been previously completed. The County did not find it necessary to adopt more stringent recharge standards. The County is presently considering other watershed management plan-based standards, and text change is made. NGWAR text as modified for Adoption: Policy 2.4: Collier County shall evaluate the necessity for adopting more stringent ground water recharge standards for High or Prime Recharge areas within 2 years of the SFWMD Governing Board's adoption of such areas. Collier County will evaluate the development of Low Impact Design Standards as recommended by the Watershed Management Plan accepted by the Board of County Commissioners on December 13, 2011. Agency Comment: Re: NGWAR map changes as transmitted by the County — The SFWMD resource for this mapping is no longer published (as discussed above). [SFWMD comment provided outside ORC Report,paraphrased for brevity] County Response: Acknowledged. These maps are now found within County-adopted watershed management plan(s), basin study and/or mapped as wellfield protection zones and do not necessitate individual listing in this Element, and recommended change is made. NGWAR Map changes as modified for Adoption: 1. Map 1, Groundwater Recharge to the Surficial Aquifer • This map is to be updated deleted. 2. Map 2, Groundwater Recharge to the Lower Tamiami Aquifer • This map is to be updated deleted. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ➢ Future Land Use Element's Future Land Use Map (FLUE-FLUM) Agency Comment: None. A citizen brought to staff's attention one incorrect name on the FLUM (Fakahatchee Strand State Preserve). — 19— Collier County Response to the Objections,Recommendations and Comments Report on 2011 EAR-based Amendments County Response: Staff checked the names of all parks and preserves on the FLUM and discovered two additional incorrect names. The three corrections: 1) Fakahatchee Strand State Preserve-change to Fakahatchee Strand Preserve State Park; 2) Delnor-Wiggins State Recreation Area - change to Delnor-Wiggins Pass State Park; 3) Barefoot Beach State Preserve-change to Barefoot Beach Preserve County Park. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ➢ Conservation and Coastal Management Element (CCME) Agency Comment: None. House Bill 503 was enacted by the Legislature of the State of Florida and became effective on July 1, 2012. This legislation amends Section 125.022, F.S., Development Permits, by prohibiting the County from requiring an applicant to obtain State and Federal permits prior to local government approval of a development order. However, the County is allowed to condition the approval to state that the applicant must obtain State and Federal permits prior to commencement of development. County Response: Staff is proposing revisions to the following CCME Objective and Policies to reflect the referenced 2012 legislative changes to Section 125.022, F.S. [Modifications to the approved for Transmittal version (shown in single underline/single strike-through format) of CCME Objective and Policies are provided here in double underline/double strike-through format.] OBJECTIVE 2.1: *** *** *** *** *** text break *** *** *** *** f. Prior to the issuance of a final devclopmcnt order, the ==___- —-- - =_ _= - - Prior to commencement of development. the applicants of a development projects that it tho r shall obtain the any necessary state and federal environmental permits. *** *** *** *** *** text break *** *** *** *** *** Policy 2.3.6: The County will shall only allow development activities which will not adversely impact coastal water resources. This is shall be implemented through the following mechanisms: a. Require all applicable Federal and State permits addressing water quality to be submitted to Collier the County before commencement of development Collier County isvucc *** *** *** *** *** text break *** *** *** *** *** Policy 6.2.4: Within the Urban Designated area, the County shall rely on the wetland jurisdictional determinations and permit requirements issued by the applicable jurisdictional agency, except for wetlands that are part of a Watershed Management Plan preserve area. The County shall direct impacts away from such wetlands. This policy shall be implemented as follows: -20— Collier County Response to the Objections,Recommendations and Comments Report on 2011 EAR-based Amendments *** * * *** *** *** text break (2) The County shall require the appropriate jurisdictional permit prior to commencement of•development _- _-_- _=_--- - - _ -_ === - -_ _=-_= _--• =• -_ _ : except in the case of single-family residences, which are not part of an approved development or are not platted, unless the residences are within a watershed management conservation area identified in a Watershed Management Plan developed pursuant to policies supporting Objective 2.1 of this Element, in which case the appropriate jurisdictional permit is required prior to commencement of development =__- _ --- - -__- -_= = __ = -_ _=-== -- _-- = *** *** *** *** *** text break *** *** *** *** *** Policy 6.2.7: Within the Estates Designated Area and the Rural Settlement Area, the County shall rely on the wetland jurisdictional determinations and permit requirements issued by the applicable jurisdictional agency, except for wetlands that are part of a Watershed Management Plan preserve area. The County shall direct impacts away from such wetlands. This policy shall be implemented as follows: (1) For single-family residences within Southern Golden Gate Estates or within the Big Cypress Area of Critical State Concern, the County shall require the appropriate federal and state wetland- related permits prior to commencement of development - = - =-___ __=---__• -- (2) Outside of Southern Golden Gate Estates and the Big Cypress Area of Critical State Concern, Collier County shall inform applicants for individual single-family building permits that federal and state wetland permits may be required prior to commencement of development ealifstRietiefl unless the proposed residence is within a watershed management conservation area identified in a Watershed Management Plan developed pursuant to policies supporting Objective 2.1 of this Element, in which case the appropriate jurisdictional permit is shall be required prior to commencement of development The County shall also notify the applicable federal and state agencies of single-family building permits applications in these areas. (3) Within North Golden Gate Estates and the Rural Settlement Area, Collier County shall incorporate certain preserved and/or created wetlands and associated uplands into the County's approved watershed management plans, as per Objective 2.1 of this Element. The size and location of wetlands incorporated into the watershed management plans will be based upon the approved requirements for such plans. The County may issue single-family building permits within or adjacent to such wetlands, subject to appropriate mitigation requirements, which preserve the functionality of the wetland within the applicable watershed management plan. For a proposed residence which is to be located within a watershed management conservation area identified in a Watershed Management Plan developed pursuant to policies supporting Objective 2.1 of this Element, the appropriate jurisdictional permit is shall be required prior to commencement of development . (4) Collier County shall continue to work with federal and state agencies to identify properties that have a high probability of wetlands and animal listed species occurrence. The identification process will be based on hydric soils data and other applicable criteria. Once this identification process is complete, the County will determine if the process is sufficiently accurate to require federal and state wetland approvals prior to commencement of development The County shall use information on wetland and/or listed species occurrence to inform property owners of the potential existence of wetlands and/or listed species on their property. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * -21 — Collier County Response to the Objections,Recommendations and Comments Report on 2011 EAR-based Amendments ➢ Transportation Element(TE) Agency Comment: None. The language proposed in Transmitted EAR-based amendments does not accurately reflect the progress Collier County has made toward its preparation of land development regulations or their adoption by ordinance. County Response: The County has not implemented this policy as presently required, rather is considering the viability of adopting such an ordinance. [Modifications to the approved for Transmittal version (shown in single underline/single strike-through format) of the Transportation Element Policy is provided here in double underline/double strike-through format.] Policy 3.5: A. A - - e•- -- - -- -• -- . - e- - - - -• - •-- , The County shall rand adapt is is considering the viability of a Thoroughfare Corridor Protection Plan (TCPP) ordinance and land development regulations that: [no further changes to Policy 3.5.] * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ➢ Capital Improvement Element (CIE) Agency Comment: None. The language proposed was initially part of the County's 2012 Annual Update and Inventory Report (AUIR) and CIE update and amendment. Post HB 7207, the 5-Year Schedule of Capital Improvements is adopted by (non-GMPA) Ordinance. Text changes to the CIE remain a GMPA, technically. County Response: The County has moved the CIE text changes into these EAR-based Adoption amendments. These modifications were not part of the County's Transmittal package. [Modifications to the CIE Policy and provision are provided here in double underline/double strike-through format.] 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 Program 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 projects necessary to address existing deficiencies and future needs based on achieving and maintaining adopted LOS standards for schools. The District Facilities Work Program, 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 with the District School Board of Collier County Capital Improvement Plan FY 13-32, approved on J 1 May 8. 2012; and, the District Facilities Work Program FY 13-17, adopted by the School Board on September 12. 2012. *** *** *** *** *** text break *** *** *** *** *** —22— Collier County Response to the Objections,Recommendations and Comments Report on 2011 EAR-based Amendments Collier County Schedule of Capital Improvements Public School Facilities Projects [page 22] 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 42=34 13-32, approved on May 8, 2012; and, the District Facilities Work Program FY 1Q-14 13-17, adopted by the School Board on geiatefiatx044 September 12, 2012 is hereby incorporated as data and analysis. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ➢ Public Facilities Element/Potable Water Sub-Element Agency Comment: None. The general updating and "housecleaning" language proposed in Transmitted EAR-based amendments was not subjected to full scrutiny until now. County Response: The County conducted a thorough post-Transmittal review and made further changes to these EAR- based Adoption amendments. These modifications — minor in nature, predominantly for word- smithing and insuring accurate references — were not part of the County's Transmittal package. [Modifications to the Potable Water Sub-Element Policies and provisions are provided here in double underline/double strike-through format.] Policy 2.4: Collier County shall permit development of potable water supply systems as follows: within the Designated Urban Areas of the Plan, including the outlying urban areas of Immokalee, Copeland, Chokoloskee, Plantation Island, and Port of the Islands; within the areas depicted on the Collier County Water District Boundaries Existing and Future Potable Water Service Areas map (Figure PW- the Rural Transition Water and Sewer District; in Sending Lands within the Rural Fringe Mixed Use District when Density Blending, as provided for in the Density Rating System of the Future Land Use Element, is utilized; in Towns, Villages, Hamlets and Compact Rural Developments within the Rural Lands Stewardship Area Overlay; and, in areas where the County has legal commitments to provide facilities and services as of the date of adoption of this Plan. For lands located within the Collier County Water-Sewer District, but in which County water service is not currently available, non-County potable water supply systems shall only be allowed on an interim basis until County service is available. Individual potable water supply wells may be permitted within the areas depicted on the Collier County Water District Boundaries Existing and Future Potable Water Service Areas map (Figure PW- 1) on an interim basis until County water service is available; individual potable water supply wells may be permitted in all Urban designated areas outside of the areas depicted on Figure PW-1 on an interim basis until a centralized potable water supply system is available; County water service is available; individual potable water supply wells may be permitted in Sending Lands within the Rural Fringe Mixed Use District when Density Blending, as provided for in the Density Rating System of the Future Land Use Element, is utilized, on an interim basis until County water service is available; and, individual potable water supply wells may be permitted on lands —23— Collier County Response to the Objections,Recommendations and Comments Report on 2011 EAR-based Amendments outside of the Urban designated areas, outside of areas depicted on Figure PW-1, and outside of Towns, Villages and those Compact Rural Developments greater than one hundred (100) acres in size within the Rural Lands Stewardship Area Overlay — all areas where potable water supply systems are not anticipated. However, individual potable water supply wells may or may not be permitted within Compact Rural Developments one hundred (100) acres or less in size, depending upon the uses permitted within the Compact Rural Development. Also, in Towns, Villages, and those Compact Rural Developments greater than one hundred (100) acres in size, potable water supply wells are allowed to serve no more than 100 acres, on an interim basis only, until central a centralized potable water supply system service is available. *** *** *** *** *** text break *** *** *** *** *** Policy 5.1: The County shall discourage urban sprawl by permitting universal availability of central potable water systems only: in the Designated Urban Area, in Receiving and certain Neutral Lands within the Rural Fringe Mixed Use District, in the Designated Urban-Rural Fringe Transition Zone Overlay, and in the Rural Settlement District, all of which are depicted on the Future Land Use Map, and in Towns, Villages, Hamlets and Compact Rural Developments within the Rural Lands Stewardship Area Overlay. These areas are further identified as: within the Collier County Water District Existing and Future Potable Water Service Areas depicted 80451421661fieS on Figure PW-1 of this Sub-oElement, except the outlying urban areas of lmmokalee, Copeland, Chokoloskee, Plantation Island, and Port of the Islands; - • - - -- - - - _ _ - - - -- -: -_ - - - -- e - ----- ; or in Sending Lands within the Rural Fringe Mixed Use District when Density Blending, as provided for in the Density Rating System of the Future Land Use Element, is utilized; within the Rural Lands Stewardship Area Overlay, as each Town, Village, Hamlet, and Compact Rural Development is designated; and, in areas where the County has legal commitments to provide facilities and service outside the Urban Area as of the date of adoption of this Plan. *** *** ** *** *** text break *** ** *** *** *** Policy 5.4: Under criteria, projects located outside of the existing potable water service area but within the future service area. as depicted on the Collier County Water District Existing and Future Potable Water Service Areas map (Figure PW-1) of this Sub-Element, may be eligible for central potable water service from -- - --- - - , e - an existing public or private sector/independent district, - - A - - - • - '- - _ - - - -- _ - ----- utility, subject to availability. Qualifying criteria shall be limited to the requirements and incentives established in the Future Land Use Element and Conservation and Coastal Management Elements of this Plan to obtain preservation standards established for environmentally sensitive lands in the Sending Lands of the Rural Fringe Mixed Use District (RFMUD). Criteria for potable water service eligibility may include, but are not limited to, plans for development, which utilize creative planning techniques such as clustering, density blending, rural villages, and transfer of development rights (TDRs) from RFMUD Sending Lands. Criteria for eligibility may be amended and additional Sending and Receiving Lands may be designated in the future. Central Potable Water distribution lines _-_ ---_- _'-_-- _ — —_-_ -_— >---'_, may extend through Sending Lands; however, no properties designated as Sending Lands are permitted to connect to the distribution lines. ** *** *** *** *** text break *** *** *** *** *** —24— Collier County Response to the Objections,Recommendations and Comments Report on 2011 EAR-based Amendments MAP CHANGES: 1. Figure PW-1.1, Collier County Water District Boundaries • This map has the same title as Figure PW-1 and is incorrect. This map, and references to it in Policies, are deleted. 2. Figure PW-2.1, Existing and Future Potable Water Service Areas • This map has the same title as Figure PW-2 and is incorrect. This map, and references to it in Policies, are deleted. 3. Table PW-8, Capital Improvement Projects FY 2003-2022 • This table is not referenced in any Objective or Policy and is specific to the Collier County Water-Sewer District. For those reasons, this table is deleted. 4. Figure PW-1, Collier County Water District Boundaries • This map is referenced in multiple Policies. The references are accurate, but the figure referenced will be the "Existing and Future Potable Water Service Areas" below. This figure is deleted 5. Figure PW-2, Existing and Future Potable Water Service Areas • This map is referenced in the same Policies as Figure PW-1. This map is re-titled to "PW-1". 6. Figure PW-3, Potable Water Treatment and Transmission Facilities • This map is not referenced in any Objective or Policy and is deleted. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ➢ Public Facilities Element/ Sanitary Sewer Sub-Element (the Wastewater Treatment Sub- Element, upon adoption) Agency Comment: None. The general updating and "housecleaning" language proposed in Transmitted EAR-based amendments was not subjected to full scrutiny until now. County Response: The County conducted a thorough post-Transmittal review and made further changes to these EAR- based Adoption amendments. These modifications — minor in nature, predominantly for word- smithing and insuring accurate references — were not part of the County's Transmittal package. [Modifications to the Sanitary Sewer Sub-Element Policies and provisions are provided here in double underline/double strike-through format.] —25— Collier County Response to the Objections,Recommendations and Comments Report on 2011 EAR-based Amendments Policy 5.1: The County shall discourage urban sprawl by permitting universal availability of central sanitary sewer systems only: in the Designated Urban Area, in the Designated Urban-Rural Fringe Transition . Zone Overlay, in Receiving and certain Neutral Lands within the Rural Fringe Mixed Use District, and in the Rural Settlement District, all of which are depicted on the Future Land Use Map, and in Towns, Villages, Hamlets, and Compact Rural Developments within the Rural Lands Stewardship Area Overlay. These areas are further identified as: within the Collier County Sewer District Existing and Future Sewer Service Areas Boundaries depicted on Figure SS 1 WT-1 of the Sanitary Sewer this Sub-element, except the outlying urban areas of Immokalee, Copeland, Chokoloskee, Plantation Island, and Port of the Islands; within the Rural Lands Stewardship Area Overlay, as each Town, Village, Hamlet and Compact Rural Development is designated; or within the Rural Transition Water• -- - •• _-- -- - e - - - - - - -- -- - -- - -- - - ; or in Sending• Lands within the Rural Fringe Mixed Use District when Density Blending, as provided for in the Density Rating System of the Future Land Use Element, is utilized; and, in areas where the County has legal commitments to provide facilities and service outside the Urban Area as of the date of adoption of this Plan. *** *** *** *** *** text break *** *** *** *** *** Policy 5.3: As provided for in the Rural Lands Stewardship Area Overlay, and in Policy 1.2, central sewer facilities are permitted in Towns, Villages, Hamlets, and Compact Rural Developments. Though not anticipated, it is possible that central sanitary sewer collection lines may extend through lands not designated as a Town, Village, Hamlet or Compact Rural Development; no properties designated other than as a Town, Village, Hamlet or Compact Rural Development are permitted to connect to these collection lines. Under criteria, properties located outside of the existing sewer service area but within the future service area. as depicted on the Collier County Sewer District Existing and Future Sewer Service Areas map (Figure WT-1) of this Sub-Element, may be eligible for central sanitary sewer service from -- - --- - • • '- , e - an existing public or private sector utility or independent district, = — _:•- _ A --_ --- - = Rural Transition Water and SeWaF subject to availability. Qualifying criteria shall be limited to the requirements and incentives established in the Future Land Use Element and Conservation and Coastal Management Elements of this Plan to obtain preservation standards established for environmentally sensitive lands in the Sending Apaaa Lands of the Rural Fringe Mixed Use District (RFMUD). Criteria for central sanitary sewer or wastewater treatment service eligibility may include, but are not limited to, plans for development, which utilize creative planning techniques such as clustering, density blending, rural villages, and transfer of development rights iTDRs1 from RFMUD Sending Lands Criteria for eligibility may be amended and additional Sending and Receiving Lands may be designated in the future. Central Sanitary Sewer or wastewater treatment collection lines, - - -- ' - - - . .e' A - - - - -- - !• , may extend through Sending Lands; however, no properties designated as Sending Lands may connect to the collection lines. *** *** *** *** *** text break *** *** *** *** *** MAP CHANGES: 1. Figure SS-1.1, Collier County Sewer District Boundaries • This map has the same title as Figure SS-1 and is incorrect. This map, and references to it in Policies, are deleted. —26— Collier County Response to the Objections,Recommendations and Comments Report on 2011 EAR-based Amendments 2. Figure SS-2.1, Existing and Future Sewer Service Areas • This map has the same title as Figure SS-2 and is incorrect. This map, and references to it in Policies, are deleted. 3. Figure SS-1, Collier County Sewer District Boundaries • This map is referenced in multiple Policies. The references are accurate, but the figure referenced will be the "Existing and Future Sewer Service Areas" below. 4. Figure SS-2, Existing and Future Sewer Service Areas • This map is referenced in the same Policies as Figure SS-1. 5. Figure SS-3, North Sewer Service Area • This map is not referenced in any Objective or Policy and is deleted. 6. Figure SS-4, South Sewer Service Area • This map is not referenced in any Objective or Policy and is deleted. 7. Table SS-14, Capital Improvement Projects FY 2003-2007 • This table is not referenced in any Objective or Policy and is specific to the Collier County Water-Sewer District. For those reasons, this table is deleted. 4) ELEMENTS WITH NO ADDITIONAL CHANGES There were no revisions at or since the April 24, 2012 BCC EAR Adoption hearing in the following Elements: Public Schools Facilities Element; Sanitary Sewer Sub-Element; Potable Water Sub-Element; Solid Waste Sub-Element; Housing Element; Immokalee Area Master Plan; and, Economic Element. No additional substantive changes have been made in these Elements of the Collier County Growth Management Plan that the Department of Economic Opportunity did not previously review.* * NOTE: Certain Elements are amended further so as to properly remove references to Rule 9J-5; identify the DEO, rather than the DCA; and other minor, technical modifications related to the adoption of HB 7207, including the Recreation and Open Space Element, Intergovernmental Coordination Element, and the Golden Gate Area Master Plan. —27— Collier County Response to the Objections,Recommendations and Comments Report on 2011 EAR-based Amendments Attachments: • Excel workpage — properties affected by TCA boundary replacement with CHHA boundary, supporting County response to FDOT Comment no. 4 ("Density Rating System Proposed Changes —Density Increase and Trip Generation"). • Map of areas affected by TCA boundary replacement with CHHA boundary, supporting County response to FDOT Comment no. 4 ("Exhibit A, Coastal High Hazard Area Comparison Map" with handwritten additions). • Excel workpage—Short term and long term affects of CHHA boundary change, supporting County response to FDOT Comment no. 4. ("Table A— Collier County EAR Traffic Analysis in regards to changing from a TCA to a CHHA" • Transportation Element Map TR-1 — the 2035 Long Range Financially Feasible Transportation Plan Map. • Transportation Element Map TR-2—the 2035 Long Range Needs Transportation Plan Map. G:\CDES Planning Services\Comprehensive12011 EAR-BASED GMP AMENDMENTS\BCC Adoption-EAR-based GMPAs1C-02.1 b BCC Adptn CC ORC Response-EAR- based GMPAs bbb.docx —28— Collier County Response to the Objections,Recommendations and Comments Report on 2011 EAR-based Amendments os ci c a a a a 4 m 2 g 2 f 3 U U U U J z iN z z z z 1 c K N a a YN1 R INn N d F Mo . I� G N C N n I- a ft. a O LO CO N a O O aOa O a LO e i 3 1- a W T O m m . 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WHEREAS, the Board of County Commissioners adopted the Collier County Growth Management Plan on January 10, 1989; and WHEREAS, Collier County has held public hearings to provide for and encourage public participation throughout the 2011-12 plan amendment process; and WHEREAS, Collier County did submit the 2011-12 Growth Management Plan amendments to the Department of Economic Opportunity for preliminary review on May 03, 2012; and WHEREAS, the Department of Economic Opportunity did review and did not make written objections to the amendments to the Growth Management Plan and transmitted the same 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 Economic Opportunity to adopt, adopt with changes or not adopt the proposed amendments to the Growth Management Plan; and WHEREAS, the Collier County Planning Commission held a public hearing on the adoption of the amendments to the Growth Management Plan on October 30, 2012; 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 amendments to the Growth Management Plan on December 11, 2012; 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: Words underlined are added; words struck through are additions; words with 1 *** indicates a page break SECTION ONE: ADOPTION OF AMENDMENTS TO THE CAPITAL IMPROVEMENT ELEMENT OF THE GROWTH MANAGEMENT PLAN. The Board of County Commissioners hereby adopts the amendments to the Capital Improvement Element attached hereto as Exhibit"A" and incorporated herein by reference. SECTION TWO: SEVERABILITY. If any phrase or portion of this Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion. SECTION THREE: EFFECTIVE DATE. The effective date of these plan amendments, if the amendments are not timely challenged, shall be 31 days after the state land planning agency notifies the local government that the plan amendment package is complete. If timely challenged, these amendments shall become effective on the date the state land planning agency or the Administration Commission enters a final order determining this adopted amendment to be in compliance. No development orders, development permits, or land uses dependent on these amendments 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 state land planning agency. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County this day of December, 2012. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA By: BY: , Deputy Clerk FRED W. COYLE, Chairman Words underlined are added; words struck through are additions; words with 2 *** indicates a page break Approved as to form and legal sufficiency: Heidi Ashton-Cicko Managing Assistant County Attorney Attachment: Exhibit"A" 2011 EAR-BASED ADOPTION- CAPITAL IMPROVEMENT ELEMENT Rev.9(24/12 CP\12-CMP-00848124 Words underlined are added;words struck through are additions;words with 3 *** indicates a page break Exhibit"A" As approved by CCPC on 10-30-12 EAR-based GMP Amendments Capital Improvement Element—to BCC for Adoption 12-11-12 I. INTRODUCTION [Revised per DEO Comment, page 1] In 1985 and 1986, the Florida Legislature significantly strengthened the requirements for county and city comprehensive plans. These growth management statutes were found in the "Local Government Comprehensive Planning and Land Development Regulation Act" until major changes were made by the 2011 Florida Legislature, most by HB 7207 (with minor amendments by HB 639), which is now Chapter 2011-139, Laws of Florida. Included with these changes was to re-name the Chapter 163 act from the "Local Government Comprehensive Planning and Land Development Regulation Act" to the "Community Planning Act", giving new emphasis to the role of local government. One of the provisions of the • :. -: .. . -.. . - - . :.- _ • -_ .: •. : Community Planning Act is the requirement that the comprehensive plan must contain a Capital Improvement Element "...to consider the need for and the 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 to meet established acceptable levels of service." 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 163.3164(28),Florida Statutes). II. GOALS,OBJECTIVES AND POLICIES [Revised text,page 2] GOAL: TO PROVIDE ADEQUATE PUBLIC FACILITIES CONCURRENT WITH NEW DEVELOPMENT IN ORDER TO ACHIEVE AND MAINTAIN OR EXCEED ADOPTED STANDARDS FOR LEVELS OF SERVICE. OBJECTIVE 1 (PUBLIC FACILITY LEVEL OF SERVICE STANDARDS): Identify and define types of public facilities, establish standards for levels of service for each such public facility, and determine what quantity of additional public facilities is needed in order to achieve and maintain the standards. Policy 1.1: [Revised text,page 2] The County shall establish standards for levels of service for public facilities, as follows: Public facilities are facilities which appear in other elements of this comprehensive plan, including arterial and collector roads, surface water stormwater management systems, potable water systems, sanitary—sewer— wastewater treatment systems, solid waste disposal facilities, Words underlined are added;words are deleted. BCC ADOPTION 1 Exhibit°A" As approved by CCPC on 10-30-12 EAR-based GMP Amendments Capital Improvement Element—to BCC for Adoption 12-11-12 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, 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. 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. Policy 1.2: [Revised text,page 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. 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), Golden Gate Area Master Plan (GGAMP) or Immokalee Area Master Plan (TAMP) 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: (a)1. 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; Words underlined are added;words are deleted. BCC ADOPTION 2 Exhibit°K As approved by CCPC on 10-30-12 EAR-based GMP Amendments Capital Improvement Element—to BCC for Adoption 12-11-12 (h)2. The adopted population standard used for calculation of"Q" in the formula Q = (S x D) - I is amended based on appropriate relevant, appropriate and professionally accented data and analysis;or• (s)3. 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. C. Significant impact is hereby defined for Section B of this Policy as, an impact generating potential for increased countywide population greater than 2% of the population projections for parks, solid waste disposal, potable water, sanitaEy-sewer-- wastewater treatment, and drainage—stormwater management 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. D. There are three circumstances in which the standards for levels of service are not the exclusive determinant of need for a public facility: I. Calculated needs for public facilities in coastal high hazard areas are subject to all limitations and conditions in the Conservation and Coastal Management Element and Future Land Use Elements of this Growth Management Plan. 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 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. Any public facility that is determined to be needed as a result of any of the factors listed in Section B or Section 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. Words underlined are added;words stFueirrthreugh are deleted. BCC ADOPTION 3 Exhibit"A" As approved by CCPC on 10-30-12 EAR-based GMP Amendments Capital Improvement Element—to BCC for Adoption 12-11-12 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. 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. 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. *** *** *** *** *** text break *** *** *** *** *** Policy 1.4: [Revised text,pages 4, 5] 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. 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 serve all applicants for development orders, the capital improvements will be scheduled in the following priority order to serve: 1. previously approved development orders permitting redevelopment, 2. previously approved development orders permitting new development, 3. new development orders permitting redevelopment,and 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. Words underlined are added;words straelc-through are deleted. BCC ADOPTION 4 Exhibit "A" As approved by CCPC on 10-30-12 EAR-based GMP Amendments Capital Improvement Element—to BCC for Adoption 12-11-12 When further considering projects prioritized by this order, the higher priority shall be assigned to improvements designed to reduce, or not increase. greenhouse gas emissions through shortened vehicular trip lengths. trips taken by another mode of transportation, or by other substantive means. Policy 1.5: [Revised text,pages 5,6, 7] [Revised further per FDOT Comment] The standards for levels of service of public facilities shall be as follows: A. Roadways: 1. Arterials and collector roads: Level of Service indicated below on the basis of peak hour,traffic volume: Level of Service "E" on all six-lane roads: 2. Level of Service "D" peak hour on all other County and or State arterial and collector roads not on the . :2.: . , --•• - • - •= - '- ' - Strategic Intermodal System LSIS). B. State and Federal Roads: Collier County sets and adopts the LOS standards for state roads and for I-75. The standards for I-75 are as follows: EXISTING EXISTING TRANSITIONING RURAL AREA URBANIZED AREA URBANIZED AREA I-75 D G GD C. County Stormwater Management Systems: [Revised text,page 5] [Revised further per SFWMD Comment] 1. Future "private" developments - water quantity and quality standards as specified in Collier County Ordinances 74-50, and 90-10, and 2001-27, and Land Development Code Ordinance 2004-41.as amended. 2. Existing "private" developments and existing or future public drainage stormwater management facilities - those existing levels of service identified (by design storm return frequency event) by the completed portions of the Water Management Master Plan as ' .-. - , - - , . - - -,- . _ • _ . : - • _• , - follows: Words underlined are added;words are deleted. BCC ADOPTION 5 Exhibit"A" As approved by CCPC on 10-30-12 EAR-based GMP Amendments Capital Improvement Element—to BCC for Adoption 12-11-12 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 I-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_ C4 Canal Basin C Lely Main Canal Basin D Lely Canal Branch Basin D Lely Manor Canal Basin Haldeman Creek Basin D Winter Park Outlet Basin D COCOHATCHEE RIVER SYSTEM Cocohatchee River Basin D Pine Ridge Canal Basin Palm River Canal Basin D West Branch Cocohatchee River Basin C East Branch Cocohatchee River Basin D Airport Road Canal North Basin 951 Canal North Basin D GORDON RIVER EXTENSION Gordon River Extension Basin ID Goodlette-Frank Road Ditch Basin D_ HENDERSON CREEK BASIN Henderson Creek Basin D LEVELS OF SERVICE ATTAINED BY BASINS BASIN LEVEL OF SERVICE FAKA-UNION SYSTEM Faka-Union Canal Basin D Miller Canal Basin D_ Merritt Canal Basin C_ Prairie Canal Basin C SOUTHERN COASTAL BASIN US-41 Outfall Swale No. 1 Basin D US-41 Outfall Swale No. 2 Basin D Seminole Park Outlet Basin C Words underlined are added;words stfasic-through are deleted. BCC ADOPTION 6 Exhibit"A" As approved by CCPC on 10-30-12 EAR-based GMP Amendments Capital Improvement Element—to BCC for Adoption 12-11-12 BARRON RIVER SYSTEM Okaloacoochee Slough Basin D Barron River Canal North Basin C Urban Immokalee Basin C MISCELLANEOUS INTERIOR WETLAND SYSTEMS Corkscrew Slough Basin D D. County Potable Water Systems: [Revised text,page 6] County Water District= 170 gallons per capita per day 2 Municipal systers. e .. , : _ • • __ . . .• - — . . . E. County r--Wastewater Treatment Systems: [Revised text,page 6] North Sewer Service Area= 120 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 Municipal ystems - — .. • - — .. .: . . ,.. - . - - - .• _ — e e . • ._ ... - . -- _ - - ... - .. _ • . • . . - — - - . . .. . - .. . . Words underlined are added;words strask throes are deleted. BCC ADOPTION 7 • Exhibit"A' As approved by CCPC on 10-30-12 EAR-based GMP Amendments Capital Improvement Element—to BCC for Adoption 12-11-12 F. County Solid Waste Disposal Facilities: [Revised text,page 7] 1. Two years of constructed lined cell capacity at the average disposal rate for the previous three(3)years. 2. Ten (10) years of permittable capacity at the average disposal rate for the previous three(3)years. tannage-eapaeity. G. County Parks and Recreation Facilities: [Revised text,page 7] 1. Regional Park land = 24 2_7 acres per 1,000/pop. 2. Community Park land = 1.2 acres per 1,000/pop. (unincorporated) H. Public School Facilities: 1. Elementary schools = 95 percent(0.95)of CSA Enrollment/FISH Capacity 2. Middle schools = 95 percent(0.95)of CSA Enrollment/FISH Capacity 3. High schools = 100 percent(1.00)of CSA Enrollment/FISH Capacity *** *** *** *** *** text break *** *** *** *** *** 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, 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 each year. With the exception of public school facilities, existing 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. [Objective is provided for contextual purposes only; no change proposed.] Policy 2.4: [Revised text,page 8] Public facilities financed by County enterprise funds (i.e., potable water, sanity-sewer-- wastewater treatment, and solid waste disposal) may be financed by debt to be repaid by user Words underlined are added;words sffask ough are deleted. BCC ADOPTION 8 Exhibit°A° As approved by CCPC on 10-30-12 EAR-based GMP Amendments Capital Improvement Element-to BCC for Adoption 12-11-12 fees and charges for enterprise services, or the facilities may be financed from current assets(i.e., reserves, surpluses and current revenue). Policy 2.5: [Revised text,page 8] Public facilities financed by non-enterprise funds (i.e., arterial and collector roads, ace er — stormwater 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. *** *** *** *** *** text break *** *** *** *** *** OBJECTIVE 3 (PUBLIC EXPENDITURES:COASTAL HIGH HAZARD AREA): [Rephrased to improve format as an"objective",revised text,page 9] , Limit public expenditures in the coastal high hazard area 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. Policy 3.1: [Revised text,page 9] 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, saniewer servcee-- wastewater treatment systems, potable water supply systems, surface-ter stormwater management systems, solid waste collection and disposal systems, natural groundwater aquifer recharge areas,and park and recreation facilities. *** *** *** *** *** text break *** *** *** *** *** OBJECTIVE 4(PROVIDE NEEDED IMPROVEMENTS): Coordinate County 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. [Objective is provided for contextual purposes only;no change proposed.] Policy 4.1: [Revised text,pages 10, 11] 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 updated annually and may also be modified as follows: A. 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. Words underlined are added;words are deleted. BCC ADOPTION 9 Exhibit"A° As approved by CCPC on 10-30-12 EAR-based GMP Amendments Capita improvement Element—to BCC for Adoption 12-11-12 B. 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: [Revised text,page 10] 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 Program 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 projects necessary to address existing deficiencies and future needs based on achieving and maintaining adopted LOS standards for schools. The District Facilities Work Program, 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 with the District School Board of Collier County Capital Improvement Plan FY 44-30 13-32, approved on June 21, 2011 May 8, 2012; and,the District Facilities Work Program FYI 13-17,adopted by the School Board on September 21,2011 September 12.2012. Policy 4.3: [Revised text,page 11] All public facility capital improvements shall be consistent with the goals, objectives and policies of the appropriate individual eElement of this Growth Management Plan. *** *** *** *** *** text break *** *** *** *** *** Policy 4.6: [Revised text,page 11] 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 "Existing and Future Potable Water Service Areas", in the Potable Water Sub-Element of the Public Facilities Element, and on Figure 884 WT-1 and Figure SS 1.1, "Collier County Sewer District Boundaries", and Figure SS-WT-2 an . , "Existing and Future Sewer Wastewater Treatment Service Areas", in the Wastewater Treatment Sub-Element of the Public Facilities Element. Road and Public School improvements will be provided as designated in their respective 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. Policy 4.7: [Revised text,page 11] 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: Words underlined are added;words are deleted. BCC ADOPTION 10 Exhibit AN As approved by CCPC on 10-30-12 EAR-based GMP Amendments Capital Improvement Element—to BCC for Adoption 12-11-12 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. *** *** *** *** *** text break *** *** *** *** *** OBJECTIVE 5 (CONCURRENCYMANAGEMENT): 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. [Objective is provided for contextual purposes only;no change proposed.] Policy 5.1: [Revised text,pages 11, 12] The concurrency requirement for the Potable Water, Wastewater Treatment, Drainage Stormwater Management and Solid Waste Disposal 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 is met: A. The necessary facilities and services are in place at the time a final site development.plan, fmal plat or building permit is issued;or 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 Sections 163.3220— 163.3243, Florida Statutes, or an agreement or 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. Policy 5.2: [Revised text,page 12] The concurrency requirement for the Parks and Recreation 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 is met: A. Compliance with any one of the standards set forth in Policy 5.1 A,B and C is met;or Words underlined are added;words staisli-thceugh are deleted. BCC ADOPTION 11 Exhibit"A" As approved by CCPC on 10-30-12 EAR-based GMP Amendments Capital Improvement Element—to BCC for Adoption 12-11-12 B. 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 C. 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 Sections 163.3220— 163.3243, Florida Statutes, or an agreement or development order issued pursuant to Chapter 380,Florida Statutes. *** *** *** *** *** text break *** *** *** *** *** Collier County Schedule of Capital Improvements Public School Facilities Projects [Revised text,page 221 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 12 31 13-32, approved on June 21, 2011 May 8, 2012; and, the District Facilities Work Program FY 4-246 13- 17, adopted by the School Board on September ' l4 September 12, 2012 is hereby incorporated as data and analysis. G:ICDES Planning Servk.eslComprehensive\2011 EAR-BASED GMP AMENDMENTSIBCC Adoption-EAR-based GMPAslelements\CIE_BCC adopts-CSI11-1 ExhibitA EAR-CIE to BCC forAdoption.docx CS Words underlined are added;words are deleted. BCC ADOPTION 12 ORDINANCE NO. 12- AN ORDINANCE AMENDING ORDINANCE NUMBER 89-05, AS AMENDED, THE COLLIER COUNTY GROWTH MANAGEMENT PLAN FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE TRANSPORTATION ELEMENT TO PROVIDE FOR 2011 EVALUATION AND APPRAISAL REPORT (EAR) BASED AMENDMENTS TO THE GROWTH MANAGEMENT PLAN; 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 hearings to provide for and encourage public participation throughout the 2011-12 plan amendment process; and WHEREAS, Collier County did submit the 2011-12 Growth Management Plan amendments to the Department of Economic Opportunity for preliminary review on May 03, 2012; and WHEREAS, the Department of Economic Opportunity did review and did not make written objections to the amendments to the Growth Management Plan and transmitted the same 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 Economic Opportunity to adopt, adopt with changes or not adopt the proposed amendments to the Growth Management Plan; and WHEREAS, the Collier County Planning Commission held a public hearing on the adoption of the amendments to the Growth Management Plan on October 30, 2012; 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 amendments to the Growth Management Plan on December 11, 2012; 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: Words underlined are added; words struck through are additions; words with 1 *** indicates a page break SECTION ONE: ADOPTION OF AMENDMENTS TO THE TRANSPORTATION ELEMENT OF THE GROWTH MANAGEMENT PLAN. . The Board of County Commissioners hereby adopts the amendments to the Transportation Element attached hereto as Exhibit"A" and incorporated herein by reference. SECTION TWO: SEVERABILITY. If any phrase or portion of this Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion. SECTION THREE: EFFECTIVE DATE. The effective date of these plan amendments, if the amendments are not timely challenged, shall be 31 days after the state land planning agency notifies the local government that the plan amendment package is complete. If timely challenged, these amendments shall become effective on the date the state land planning agency or the Administration Commission enters a final order determining this adopted amendment to be in compliance. No development orders, development permits, or land uses dependent on these amendments 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 state land planning agency. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County this day of December, 2012. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA By: BY: , Deputy Clerk FRED W. COYLE, Chairman Words underlined are added; words struck through are additions; words with 2 *** indicates a page break Approved as to form and legal sufficiency: A(ht- ir Heidi Ashton-Cicko Managing Assistant County Attorney Attachment: Exhibit"A" 2011 EAR-BASED ADOPTION-TRANSPORTATION ELEMENT Rev.9/24/12 CP\12-CMP-00848■23 Words underlined are added; words struck through are additions;words with 3 *** indicates a page break Exhibit"A" As approved by CCPC on 10-30-12 EAR-based GMP Amendments Transportation Element-to BCC for Adoption 12-11-12 A. FUTURE SYSTEM NEEDS 1. Travel Demand [Revised per FDOT Comment,pages 3,4] The Collier County Metropolitan Planning Organization (MPO) Long Range Transportation Plan's Financially Feasible Plan and Needs Plan as adopted on March 23, 2001 December 10, 2010, are hereby incorporated to define the major roadway needs for Collier County. The 202-5 2035 Financially Feasible Plan is presented as Map TR-1 and shows the needed roadway improvements that can be funded through the year 2025 2035. Map TR-2 shows the total projected roadway improvements needed by 2025 2035. Note that the Financially Feasible Plan does not include all needs identified through the Urban Area Transportation Study. It only includes the projects that can be funded from reasonably anticipated revenues. While the total 2925 2035 needs are estimated to require funding of approximately 1.7 bil ie dollar° 4.56 billion dollars, the cost feasible plan reflects funding of approximately $1.5 billion $602 million dollars. : ...:. __ - _ : : . . - : ... _ . . Appendix A presents the 2025 2035 Long Range Transportation Plan resulting from the Urban Area Transportation Study prepared by the MPO as additional data and analysis. Map TR-1 also serves as the Traffic Circulation Map that presents the number of lanes on Collier County Roadways in 2025 2035. Map TR-3 shows the functional classification of the roadways and Map TR-3A shows the future functional classifications in the eCounty. The refinement of these plans to incorporate updates to the MPO's Plan, development of a collector road system and results of corridor specific studies, shall occur on a regular basis upon approval of the Collier County Board of County Commissioners(BCC). *** *** *** *** *** text break *** *** *** *** *** 3. Five-year Capital Facility Program 2002--2006 Table 1 and Figure 1 present The Collier County Transportation Work Program is reported annually in the Annual Update and Inventory Report (AUIR) for the FY 2002 FY 2006 time frame for future five-year planning periods. The improvements shown in the AUIR represent a sub-set of the needs identified in the Collier County 2025 2035 Needs Plan (Map TR-2) and are included in the current Capital Improvement Element (CIE) Schedule of Capital Improvements, as amended annually, for funding within the next five years. 4. Future Traffic Circulation Map Series— Year IRS 2035 Future Traffic Circulation Map--Year-2020 Rule-4-5.00-7 Section 163.3177 (6)(b)(1),Florida Statutes requires a map or map series showing the general location of the existing and proposed transportation system features. This map series that presents the following: number of lanes on each facility; roadway functional classification; and multi-modal facilities(ports, airports, and rail lines). Map TR-1 (The 2025 2035 Financially Feasible Transportation Plan) serves as the 2024 2035 Traffic Circulation Map showing the Words underlined are added;words st uolc-tkreogh are deleted. BCC ADOPTION 1 Exhibit"A" As approved by CCPC on 10-30-12 EAR-based GMP Amendments Transportation Element—to BCC for Adoption 12-11-12 number of lanes on Collier County Roadways. Map TR-3 shows the 2025 roadway functional classification and the multi-modal facilities in the eCounty. [The above revisions also affect the entries in the List of Tables, Maps and Figures appearing on page 2] *** *** *** *** *** text break *** *** *** *** *** D. IMPLEMENTATION STRATEGY: Introduction: [Revised per DEO Comment, page 11,paragraph 3] The Collier County Transportation Element meets the requirements of Chapter 163, Part II, Florida Statutes (FS), the . _. - - - • - + .. . . .. . - ! _ _ . : Regulation Community Planning Act," .. . - . - .. ! _... . - - - . . • .. • . • ! • - - • The County has coordinated this Transportation Element with the Long Range Transportation PIan of the Collier County Metropolitan Planning Organization(MPO). *** *** *** *** *** text break *** *** *** *** *** GOAL: [No change to text,page 13] TO PLAN FOR, DEVELOP AND OPERATE A SAFE, EFFICIENT,AND COST EFFECTIVE TRANSPORTATION SYSTEM THAT PROVIDES FOR BOTH THE MOTORIZED AND NON-MOTORIZED MOVEMENT OF PEOPLE AND GOODS THROUGHOUT COLLIER COUNTY. OBJECTIVE 1: [Rephrased to improve format as an"objective", page 13] The County will m Maintain the major roadway system at an acceptable Level of Service by implementing improvements as identified in the Annual Update and Inventory Report(AUIR) or by working directly with other responsible jurisdictions to implement needed improvements to their facilities. *** *** *** *** *** text break *** *** *** *** *** Policy 1.3: [Revised text,page 13] Systcm (SIS) shall be maintained at Level of Service "D" or better as addressed in the . . . - - -- - -- - - - .- are identified on Map TR 8 and Map TR 9. - • - " -11 The standards for levels of service (LOS) of County arterial and collector roads appear in Policy 1.5; subsection "A" in the Capital Improvement Element and shall be used as the basis for determining the availability of facility capacity and the demand generated by a development. Words underlined are added;words are deleted. BCC ADOPTION 2 Exhibit"A" As approved by CCPC on 10-30-12 EAR-based GMP Amendments Transportation Element—to BCC for Adoption 12-11-12 The Collier County Transportation Division shall determine the traffic volumes that correspond to the different LOS thresholds on county roads. The Transportation Division shall install, as funds permit, permanent traffic count stations to better identify traffic characteristics of county roads. Based on the traffic count data the Transportation Division shall develop a financially feasible Roads component for the Capital Improvement Program of the CIE. Policy 1.4: [Revised text,pages 13, 14] the Strategic Intermodal System S )- In Collier County FDOT sets the LOS standards for 175. The standards for I 75 are as follows: Egg Rhea Urbanized-Area I 75 1314 EB CD The standards for levels of service (LOS) of state and federal roads in the County appear in Policy 1.5; subsection"B"in the Capital Improvement Element and shall be used as the basis for determining the availability of facility capacity and the demand generated by a development. OBJECTIVE 2: [Rephrased to improve format as an"objective",page 14] [Revised further per FDOT Comment] The County shall m Maintain the adopted Level of Service standard as provided for in Policy 1.3 Policy 1.5 in the Capital Improvement Element by making the improvements identified on the Five(5) Year Work Program. *** *** *** *** *** text break *** *** *** *** *** OBJECTIVE 3: [Rephrased to improve format as an"objective",page 14] The County °hail p Provide for the protection and acquisition of existing and future rights-of- way based upon improvement projects identified within the Five Year Work Program and/or the Collier County Metropolitan Planning Organization's (MPO's) adopted Long-Range Transportation Plan. *** *** *** *** *** text break *** *** *** *** *** Policy 3.3: [Revised text,page 14] The County shall acquire a sufficient amount of right-of-way to facilitate arterial and collector roads of - . - .. . - . , . , :. - .. - as appropriate to meet the needs of the Long Range Transportation Plan or other adopted transportation studies, plans or programs, appropriate turn lanes, medians, bicycle and pedestrian features, drainage canals, a shoulder sufficient for pull offs, and landscaping areas. Exceptions to the right-of-way standard may be considered when it can be demonstrated, through a traffic capacity analysis, that the maximum number of lanes at build-out will be less than the standard. Policy 3.4: [Revised text,page 14] Words underlined are added;words ctraskhrough are deleted. BCC ADOPTION 3 Exhibit"A" As approved by CCPC on 10-30-12 EAR-based GMP Amendments Transportation Element—to BCC for Adoption 12-11-12 Collier County shallacqiiire purchase rights-of-way for transportation improvements in fee simple, unless otherwise determined appropriate by the Board of County Commissioners-based Words underlined are added;words struck-through are deleted. BCC ADOPTION 4 Exhibit"A" As approved by CCPC on 10-30-12 EAR-based GMP Amendments Transportation Element—to BCC for Adoption 12-11-12 Policy 3.5: [Revised text,page 15] A. . •_ .. . . - _r _ ' - .. _ . - .. . . .. . , The County and adept is considering the viability of a Thoroughfare Corridor Protection Plan(TCPP) ordinance and land development regulations that: 1. identify, in detail,corridors necessary to develop the County roadway network shown on the County's Long Range Transportation Plan; and 2. adopt Corridor Preservation Maps, Corridor Preservation Tables, Critical Intersection Maps and Critical Intersection Tables; and 3. limit the uses of land within the required corridor, appropriately plan for the location of land uses, and direct incompatible land uses away from environmentally sensitive resources; and 4. provide for an annual update of all necessary maps and tables; and 5. provide for an approval process by the Board of County Commissioners for new or expanded corridors and intersections; and 6. provide a process for advanced reservation,donation, dedication or any other means of conveyance by an affected property owner to the County for land included within protected areas. B. For the purposes of this Policy,protected thoroughfares shall include: 1. the required corridors on either side of the center line of an existing or planned roadway;or 2. required corridors for roadway or alternative transportation networks for which no centerline has been established;or 3. corridors for future roadways or alternative transportation networks which have been identified through corridor studies; or 4. protected areas at critical intersections including but not limited to proposed grade separated intersections. All of the above must be consistent with the currently adopted Long Range Transportation Plan and Chapter 336.02, Florida Statutes. *** *** *** *4* *** text break *** *** *4* *4* *4* OBJECTIVE 4: [Rephrased to improve format as an"objective",page 15] The County shall p Provide for the safe and convenient movement of pedestrians and non- motorized vehicles through the implementation of the Collier County Comprehensive Pathways Plan. Policy 4.1: [Previously-proposed revised text rephrased to improve format as a"policy",page 15] The County shall incorporate the Collier County Comprehensive Pathways Plan into this I Transportation Element by reference and shall will periodically update the Pathways Plan as needed. *** *4* *4* *** *** text break *** *4* *4* *4* *** Words underlined are added;words strask-##mdgh are deleted. BCC ADOPTION 5 Exhibit "A" As approved by CCPC on 10-30-12 EAR-based GMP Amendments Transportation Element—to BCC for Adoption 12-11-12 x °u Policy 4.5: [Revised text,page 15] The County shall, : . - • - -- .: ••: -, identify state and federal funds and provide local funds for the implementation of the 5 Year Pathways Work Program. Policy 4.6: [Revised text,page 15] The County shall work to reduce Vehicle Miles Traveled and Greenhouse Gas Emission by I providing provide for the safe movement of non-motorized vehicles through implementation of its Land Development Code and highway design standards ordinances and shall incorporate bike lanes, sidewalks and pathways, as deemed appropriate, in new construction and reconstruction of roadways. *** *** *** *** *** text break *** *** *** *** *** OBJECTIVE 5: [Rephrased to improve format as an"objective",page 15] The -sly Coordinate the Transportation System development process with the Future Land Use Map. Policy 5.1: [Revised text,previously-proposed new text retracted,pages 15, 16] The County Commission 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 the overall County transportation system, and shall not approve any petition or application that would directly access a deficient roadway segment as identified in the current AUIR or if it impacts an adjacent roadway segment that is deficient as identified in the current AUIR, or which significantly impacts a roadway segment or adjacent roadway segment that is currently operating and/or is projected to operate below an adopted Level of Service Standard within the five year AUIR planning period, unless specific mitigating stipulations are also approved. : s - - . -. : - - : - • A petition or application has significant project impact, if the traffic impact statement reveals that any of the following occur: a. For links (roadway segments) directly accessed by the project where project traffic is equal to or exceeds 2%of the adopted LOS standard service volume; b. For links adjacent to links directly accessed by the project where project traffic is equal to or exceeds 2%of the adopted LOS standard service volume; and c. For all other links the project traffic is considered to be significant up to the point where it is equal to or exceeds 3%of the adopted LOS standard service volume. Mitigating stipulations shall be based upon a M itigation Palen prepared by the applicant and submitted as part of the traffic impact statement that addresses the project's significant impacts on all roadways. *** *** *** *** *** text break *** *** *** *** *** Words underlined are added;words struck rough are deleted. BCC ADOPTION 6 Exhibit"A" As approved by CCPC on 10-30-12 EAR-based GMP Amendments Transportation Element—to BCC for Adoption 12-11-12 Policy 5.3: [Previously-proposed Policy deletion retracted; revised text,page 16] In order to determine vesting, where desired, all previously approved projects must go through a vesting review pursuant to Subsection 10.02.07.8.67 of the Land Development Code Policy 5.4: [Revised text, page 16] [Revised further per DEO Comment] I Pursuant to - -_ .!t : . ., - : 2: . • . --'-' - . • - :: - Rule 9J 5.0055(6)(a)3., Florida ! ' - • .- -:Section 163.3180, Florida Statutes the Urban Infill and Urban Redevelopment Strategy contained in the Future Land Use Element of this Plan, the South U.S. 41 Transportation Concurrency Exception Area (TCEA) is hereby designated. Development located within the South U.S. 41 TCEA (MapTR-4) may be exempt from transportation concurrency requirements, so long as impacts to the transportation system are mitigated using the procedures established in Policies 5.5 and 5.6 below, and in consideration of the following: A. Any proposed development within the concurrency exception area that would reduce the LOS on Strategic Intermodal System (SIS)roadways within the County by 5%or more of the capacity at the adopted LOS standard shall meet the transportation concurrency requirements specified in Capital Improvement Element, Policy 5.3. B. Any proposed development within the concurrency exception area that would reduce the LOS on SIS roadways within the County by less than 5%of the capacity at the adopted LOS standard and meets the requirements identified below in Policy 5.6 are exempt from the transportation requirements of Capital Improvement Element,Policy 5.3. Policy 5.5: [Revised text,pages 17, 18] Commercial developments within the South U.S. 41 TCEA that choose to obtain an exception from concurrency requirements for transportation will provide certification from to the Transportation Planning Department that at least four of the following Transportation Demand Management(TDM) strategies will be utilized: a) Preferential parking for carpools and vanpools that is expected to increase the average vehicle occupancy for work trips generated by the development. b) Parking charge that is expected to increase the average vehicle occupancy for work trips generated by the development and/or increase transit ridership. c) Cash subsidy that is expected to increase the average vehicle occupancy for work trips generated by the development and/or increase transit ridership. d) Flexible work schedules that are expected to reduce peak hour automobile work trips generated by the development. e) Compressed workweek that would be expected to reduce vehicle miles of travel and peak hour work trips generated by the development. Words underlined are added;words struck-through are deleted. BCC ADOPTION 7 Exhibit"A" As approved by CCPC on 10-30-12 EAR-based GMP Amendments Transportation Element—to BCC for Adoption 12-11-12 f) Telecommuting that would be expected to reduce the vehicle miles of travel and peak hour work trips generated by the development. g) Transit subsidy that would be expected to reduce auto trips generated by the development and increase transit ridership. h) Bicycle and pedestrian facilities that would be expected to reduce vehicle miles of travel and automobile work trips generated by the development. i) Including residential units as a portion of a commercial project that would be expected to reduce vehicle miles of travel. Residential developments within the South U.S. 41 TCEA that choose to obtain an exception from concurrency requirements for transportation shall provide documentation to the Transportation Planning Department that at least three of the following Transportation Demand Management(TDM)strategies will be utilized: a) Including neighborhood commercial uses within a residential project. b) Providing transit shelters within the development (shall be coordinated with Collier County Transit). c) Providing bicycle and pedestrian facilities with connections to adjacent commercial properties. d) - - - - .. o ._ - 1_ i ._ - - • • e. 2006. e) Vehicular access to adjacent commercial properties with shared commercial and residential parking. An applicant seeking an exception from concurrency requirements for transportation through the certification mentioned above shall submit an application to the Transportation Division Administrator on forms provided by the Division. Binding commitments to utilize any of the above techniques relied upon to obtain certification shall be required as a condition of I development approval. Monitoring of the use and effectiveness of the TDM strategies selected shall be included in the required annual monitoring report. Developments not required to submit an annual monitoring report shall, for three years following completion of the development, provide an assessment as to the use and effectiveness of the selected strategies in a form provided by the County. Modifications to the applied TDM strategies may be made within the first three years of development if they are deemed ineffective. Modifications to the new TDM strategies may be Words underlined are added;words struek-througfh are deleted. BCC ADOPTION 8 Exhibit "A" As approved by CCPC on 10-30-12 EAR-based GMP Amendments Transportation Element—to BCC for Adoption 12-11-12 made within this second three year period and subsequent three year periods if the TDM strategies are deemed ineffective. Another assessment shall be completed within three years and in three year increments until the TDM strategies are deemed effective. Developments within the South U.S. 41 TCEA that do not obtain certification shall meet all concurrency requirements. Whether or not a concurrency exception is requested, developments will be subject to a concurrency review for the purpose of reserving capacity for those trips associated with the development and maintaining accurate counts of the remaining capacity on the roadway network. Policy 5.6: [Revised text,pages 18, 19] The County shall designate Transportation Concurrency Management Areas (TCMAs) to encourage compact urban development where an integrated and connected network of roads is in place that provide multiple, viable alternative travel paths or modes for common trips. Performance within each TCMA shall be measured based on the percentage of lane miles meeting the LOS described in this Transportation Element, Policies 1.3 and 1.4 of this Element. The following Transportation Concurrency Management Areas are designated: A. Northwest TCMA— This area is bounded by the Collier - Lee County Line on the north side; the west side of the I-75 right-of-way on the east side; Pine Ridge Road on the south side;and,the Gulf of Mexico on the west side(Map TR-5). B. East Central TCMA—This area is bounded by Pine Ridge Road on the north side; Collier Boulevard on the east side; Davis Boulevard on the south side, and; Livingston Road (extended) on the west side (Map TR-6). In order to be exempt from link-specific concurrency, developments within the TCMA must provide documentation to the Transportation Planning Department that at least two Transportation Demand Management (TDM) strategies utilized meet the criteria of the LDC. Monitoring of the use and effectiveness of the TDM strategies selected shall be included in the required annual monitoring report. Developments not required to submit an annual monitoring report shall, for three years following completion of the development, provide an assessment as to the use and effectiveness of the selected strategies in a form provided by the County. Modifications to the applied TDM strategies may be made within the first three years of development if they are deemed ineffective. Modifications to the new TDM strategies may be made within this second three year period and subsequent three year periods if the TDM strategies are deemed ineffective. Another assessment shall be completed within three years and in three year increments until the TDM strategies are deemed effective. *** *** *** *** *** textbreak *** *** *** *** *** Policy 5.8: [Revised text,page 18] [Revised further per DEO Comment] Should the TIS for a proposed development reflect that it will impact either a constrained roadway link and/or a deficient roadway link within a TCMA as determined in the most current Annual Update and Inventory Report(AUIR),by more than a de minimis amount(more than 1% Words underlined are added;words stweli-thPaugb are deleted. BCC ADOPTION 9 Exhibit"A° As approved by CCPC on 10-30-12 EAR-based GMP Amendments Transportation Element—to BCC for Adoption 12-11-12 of the maximum service volume at the adopted LOS), yet continue to maintain the established percentage of lanes miles indicated in Policy 5.7 of this Element, a proportionate share congestion mitigation payment shall be required as follows: a. Congestion mitigation payments shall be calculated using the formula established in Rule ! - ° : Section 163.3180(5)(h), Florida Statutes. The facility cost for a constrained roadway link shall be established using a typical lane mile cost, as determined by the Collier County Transportation Administrator, of adding lanes to a similar area/facility type as the constrained facility. b. Congestion mitigation payments shall be utilized by Collier County to add trip capacity within the impacted TCMA,road segment(s) and/or to enhance mass transit or other non- automotive transportation alternatives, which adds trip capacity within the impact fee district or adjoining impact fee district. c. Congestion mitigation payments under this Policy shall be determined subsequent to a finding of concurrency for a proposed project within a TCMA and shall not influence the concurrency determination process. d. No impact will be de minimis if it exceeds the adopted LOS standard of any affected designated hurricane evacuation routes within a TCMA. Hurricane routes in Collier . County are shown on Map TR7. Any impact to a hurricane evacuation route within a TCMA shall require a proportionate share congestion mitigation payment provided the remaining LOS requirements of the TCMA are maintained. OBJECTIVE 6: [Rephrased to improve format as an"objective",page 19] The county shall o Coordinate the tTransportation eElement with the plans and programs of the state,region,and other local jurisdictions. *** *** *** *** *** text break *** *** *** *** *** Policy 6.3: [Revised text,page 19] The County shall _ . • • - - - - coordinate with applicable local jurisdictions with regard to operations, maintenance and capital expenditures on the County arterial/collector system within the City of Naples, Everglades City and the City of Marco Island. *** *** *** *** *** text break *** *** *** *** *** Policy 6.5: [Revised text,page 19] The Collier County MPO's adopted Long Range Plan has identified a • = .. . _ _ • ... . - _; : - _ . ... number of potential, critical need intersections, including an interchange in the vicinity of 1-75/Everglades Boulevard; a US- 41/SR-CR 951 grade separated overpass; and, a Randall/Immokalee grade separated overpass. Words underlined are added;words dough are deleted. BCC ADOPTION 10 rr Exhibit"A" As approved by CCPC on 10-30-12 EAR-based GMP Amendments Transportation Element—to BCC for Adoption 12-11-12 The County shall ...-. _ . . - , . - _•_ - - - _ _. . .. - - --- - - .. •- timing-and-design:pursue such projects in a manner consistent with the findings of the AUIR and through the development of the FDOT 5-year Work Program,as appropriate. OBJECTIVE 7: [Rephrased to improve format as an"objective",page 19] Develop and adopt standards for safe and efficient ingress and egress to adjoining properties, and shall encourage safe and convenient on-site traffic circulation through the development review process. *** *** *** *** *** text break *** *** *** *** *** Policy 7.3: [Revised text,page 20] The County shall implement, through its Land Development Code and Code of Laws and Ordinances, the provision of safe and convenient onsite traffic flow and the need for adequate parking for both motorized and non-motorized vehicles as a primary objective in the review of Planned Unit Developments, Site Development Plans, and other appropriate stages of review in the land development application review process. Coordination shall occur with County Engineering staff where traffic circulation is outside of the limits of the public ROW. Policy 7.4: [Revised text,page 20] The County shall develop corridor management plans that take into consideration urban design and landscaping measures that will promote positive "smart growth" development along the major arterial entrances to the urban area. Such plans shall take into account the recommendations of the Community Character Plan, County-sponsored &smart f growth initiatives, and the impacts of the South US 41 Transportation Concurrency Exception Area (TCEA) and the two (2) Transportation Concurrency Management Areas (TCMAs) as the Board of County Commissioners may periodically appropriate funding for these plans. The County shall consider the recommendations from the Collier County Master Mobility Plan upon its completion and shall submit those "smart growth" strategies that it determines to be appropriate for consideration as Growth Management Plan or Land Development Code Amendments. Policy 7.5: [Revised text,page 20] The County shall has developed and shall continue to effectively implement a Corridor Access Management Raps Policy through the development of individual corridor access management improvement plans. Such plans shall-be are designed to make median modifications and other operational improvements, including removal of traffic signals, necessary to recapture lost capacity and enhance safety. The development of such improvement plans shall consider the impacts of the South US 41 Transportation Concurrency Exception Area(TCEA) and the two(2) Transportation Concurrency Management Areas(TCMAs), as may be appropriate. OBJECTIVE 8: [Rephrased to improve format as an"objective",page 20] - • .. -• . : •-- ., . -- Maintain a "Concurrency Management System" for the scheduling, funding,and timely construction of necessary road facilities. Policy 8.31: [Renumbered policy] Words underlined are added;words are deleted. BCC ADOPTION 11 Exhibit"A" As approved by CCPC on 10-30-12 EAR-based GMP Amendments Transportation Element—to BCC for Adoption 12-11-12 .,.n.. *** *** *** *** *** text break *** *** *** *** *** OBJECTIVE 9: [Rephrased to improve format as an"objective",page 21] Encourage neighborhood involvement in the establishment and maintenance of safe and pleasant conditions for the residents, pedestrians, bicyclists and motorists on neighborhood streets, which are not classified as arterials or collectors through the implementation of the Collier County Neighborhood Traffic Management Program (NTMP). In developing strategies and measures to encourage such conditions; within the NTMP eI IS consider the impact of such strategies and measures on the adjacent arterial and collector systems (from a level-of-service and operational standpoint). *** *** *** *** *** text break *** *** *** *** *** Policy 9.3: [Revised text,previously-proposed new text retracted,page 21] The County shall require, wherever feasible, the interconnection of local streets between developments to facilitate convenient movement throughout the road network. All erk, The - .. e• -- , •• - LDC shall identify the circumstances and conditions that would require the interconnection of twe neighboring developments, and shall also develop standards and criteria for the safe interconnection of such local streets. *** *** *** *** *** text break *** *** *** *** *** OBJECTIVE 10: [Rephrased to improve format as an"objective",revised text,page 22] The County shall e Encourage safe and efficient mobility for the rural public that remains consistent with the character of the rural areas of Collier County. *** *** *** *** *** text break *** *** *** *** *** OBJECTIVE 11: [Rephrased to improve format as an"objective",page 23] Maintain County owned airport facilities as attractive, efficient, safe, and environmentally compatible facilities, consistent with the approved Airport Master Plan for each Airport. *** *** *** *** *** text break *** *** *** *** *** Policy 11.2: [Revised text,page 23] The Collier County Airport Authority shall determine the most cost effective and efficient means for implementing future facility plans outlined within the airport master plans. Airport Master Plans shall be submitted to the Board of County Commissions for review and approval. *** *** *** *** *** text break *** *** *** *** *** Words underlined are added;words are deleted. BCC ADOPTION 12 Exhibit"A" As approved by CCPC on 10-30-12 EAR-based GMP Amendments Transportation Element—to BCC for Adoption 12-11-12 OBJECTIVE 12: [Rephrased to improve format as an"objective",page 23] The-County ha1l-e Encourage the efficient use of transit services now and in the future. *** *** *** *** *** text break *** *** *** *** *** [Deleted policy,page 24] transit faeilities. Policy 12.9 8: [Renumbered policy,page 24] Policy 12.18 9: [Renumbered policy,page 24] transit facilities. *** *** *** *** *** text break *** *** *** *** *** OBJECTIVE 13: [New objective,rephrased to improve format as an"objective",page 24] The-County--shall--e Evaluate the creation of a separate Transit Element to give alternative means of transportation equal treatment within the Growth Management Plan. Policy 13.1: [New policy,phrased to augment format of preceding"objective",page 24] The County may develop a Transit Element, a Transit Sub-Element within this Transportation Element or incorporate alternative means of transportation into the Growth Management Plan through other appropriate modifications, based upon the conclusion of the November 2011 Master Mobility Plan. Words underlined are added;words struck-ttarough are deleted. BCC ADOPTION 13 ORDINANCE NO. 12- AN ORDINANCE AMENDING ORDINANCE NUMBER 89-05, AS AMENDED, THE COLLIER COUNTY GROWTH MANAGEMENT PLAN FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE SANITARY SEWER SUBELEMENT OF THE PUBLIC FACILITIES ELEMENT TO PROVIDE FOR 2011 EVALUATION AND APPRAISAL REPORT (EAR) BASED AMENDMENTS TO THE GROWTH MANAGEMENT PLAN; 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 hearings to provide for and encourage public participation throughout the 2011-12 plan amendment process; and WHEREAS, Collier County did submit the 2011-12 Growth Management Plan amendments to the Department of Economic Opportunity for preliminary review on May 03, 2012; and WHEREAS, the Department of Economic Opportunity did review and did not make written objections to the amendments to the Growth Management Plan and transmitted the same 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 Economic Opportunity to adopt, adopt with changes or not adopt the proposed amendments to the Growth Management Plan; and WHEREAS, the Collier County Planning Commission held a public hearing on the adoption of the amendments to the Growth Management Plan on October 30, 2012; 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 amendments to the Growth Management Plan on December 11, 2012; 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: Words underlined are added; words struck through are additions; words with 1 *** indicates a page break SECTION ONE: ADOPTION OF AMENDMENTS TO THE SANITARY SEWER SUBELEMENT OF THE PUBLIC FACILITIES ELEMENT OF THE GROWTH MANAGEMENT PLAN. The Board of County Commissioners hereby adopts the amendments to the Sanitary Sewer Subelement of the Public Facilities Element attached hereto as Exhibit "A" and incorporated herein by reference. SECTION TWO: SEVERABILITY. If any phrase or portion of this Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion. SECTION THREE: EFFECTIVE DATE. The effective date of these plan amendments, if the amendments are not timely challenged, shall be 31 days after the state land planning agency notifies the local government that the plan amendment package is complete. If timely challenged, these amendments shall omok become effective on the date the state land planning agency or the Administration Commission enters a final order determining this adopted amendment to be in compliance. No development orders, development permits, or land uses dependent on these amendments 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 state land planning agency. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County this day of December, 2012 ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA By: BY: , Deputy Clerk FRED W. COYLE, Chairman Words underlined are added; words struck through are additions; words with 2 *** indicates a page break Approved as to form and legal sufficiency: ‘-‘(‘ `t Heidi Ashton-Cicko Managing Assistant County Attorney Attachment: Exhibit"A" 2011 EAR-BASED ADOPTION- SANITARY SEWER SUBELEMENT OF THE PUBLIC FACILITIES ELEMENT Rev.09/24/12 CP\12-CMP-00848\25 Words underlined are added; words struck through are additions;words with 3 *** indicates a page break Exhibit "A" As approved by CCPC on 10-30-12 EAR-based GMP Amendments Sanitary Sewer Sub-Element—to BCC for Adoption 12-11-12 Exhibit"A" GOALS,OBJECTIVES AND POLICIES [Revised text,page 2] GOAL: [Revised text, page 2] TO PROTECT THE HEALTH AND SAFETY OF THE PUBLIC BY ENSURING ACCESS TO ENVIRONMENTALLY SOUND, COST EFFECTIVE AND IMPLEMENTABLE WASTEWATER TREATMENT AND SANITARY SEWER FACILITIES AND SERVICES. OBJECTIVE 1: [Rephrased to improve format as an"objective", revised text, page 2] The County will implement the following policies to m Make certain that public and private sector sanitary sewer service utilities provide, repair and/or replace sanitary sewer collection, treatment and disposal facilities to correct existing deficiencies in their respective service areas, as may be required to meet or exceed the Level of Service Standards established in this Plan. In addition, public sector sanitary sewer service utilities will be expanded as necessary to provide for future growth. Policy 1.2: [Revised text,pages 2, 3] Consistent with the growth policies of the Future Land Use Element of this Plan, provision of central sanitary sewer service by the County is limited to: the service areas shown in this Plan and depicted on the Collier County Sewer District Boundaries maps; the Existing and Future Sewer Service Areas maps (Figure SS-4 WT-1 and Figure SS 1.1), which includes the Rural Transition Water and Sewer District (Figure SS 2 and Figure SS 2.1); Sending Lands within the Rural Fringe Mixed Use District when Density Blending, as provided for in the Density Rating System of the Future Land Use Element, is utilized; and, to areas where the County has legal commitments to provide facilities and services as of the date of adoption of this Plan. Additionally, the County, at its discretion, may serve Towns, Villages, Hamlets, and Compact Rural Developments within the Rural Lands Stewardship Area Overlay (RLSA); presently, the County has no plans to serve any portion of the RLSA. This Overlay is depicted on the countywide Future Land Use Map and map series. Within the RLSA: Hamlets and Compact Rural Developments one hundred(100) acres or less in size may be served by central sewer facilities; Towns, Villages and those Compact Rural Developments greater than one hundred (100) acres in size are required to be served by central sewer facilities; and, Compact Rural Developments that are one hundred (100) acres or less in size may be required to be served by central sewer facilities, depending upon the permitted uses within the Compact Rural Development. The private sector, Collier County, an independent wastewater authority, or some other non-County utility provider may provide these facilities. For the purposes of this pPolicy and pPolicies 1.4, 5.1, and 5.3 of this Sub-Element, within the RLSA, the term "central sewer facilities" includes decentralized community treatment systems and innovative alternative wastewater treatment systems such as decentralized community treatment systems, provided that they meet criteria of Chapter 64E-6 F.A.C. Words underlined are added;words laugh are deleted. BCC ADOPTION 1 Exhibit"A" As approved by CCPC on 10-30-12 EAR-based GMP Amendments Sanitary Sewer Sub-Element—to BCC for Adoption 12-11-12 A decentralized community wastewater treatment system shall not exceed a design capacity of 10,000 gallons per day, shall provide an advanced secondary level of treatment, and shall be operated by a public or private entity with responsibility for operations and maintenance in accordance with Chapter 64E-6 F.A.C. System facilities located on individual lots or parcels shall have a utility easement to allow for access and maintenance of the system by the operating entity. The system shall be designed to meet the adopted level of service standards set forth in Policy 2.1 of this Sub-Element. *** *** *** *** *** text break *** *** *** *** *** Policy 1.5: [Revised text, page 3] Collier County shall permit development of package sewage treatment plant systems in areas identified in Policy 1.2, on an interim basis until County service is available. The County shall allow individual septic systems within the County only when connection to an existing central system is not within 200 lineal feet of the closest property line. In portions of the County where septic systems are allowed, at such time as County of-ether central sewer service becomes available within 200 lineal feet of the property line, said septic systems will be required to connect to the appropriate central sanitary sewer centralized wastewater treatment system. Within the Rural Lands Stewardship Overlay, consistent with Policy 1.2: septic systems are permitted within Hamlets; septic systems may or may not be permitted in Compact Rural Developments one hundred (100) acres or less in size depending upon the permitted uses in the Compact Rural Development; and, septic systems are not permitted in Towns,Villages, and those Compact Rural Developments greater than one hundred (100) acres in size. However, in Towns, Villages, and those Compact Rural Developments greater than one hundred (100) acres in size, septic systems are allowed to serve no more than 100 acres, on an interim basis only,until central centralized wastewater treatment system service is available. *** *** *** *** *** text break *** *** *** *** *** Policy 1.7: [Revised text, page 4] Where Community Development Districts, or similar special districts are established to provide a tool for developers to finance infrastructure or other purposes, wholly or partially within the Collier County Water-Sewer District, sewer service shall be connected to the regional system, and all facilities shall be conveyed, when acceptable, to the Collier County Water-Sewer District for operation and ownership in accordance with Collier County Ordinance Number 04-5-73 adopted October 23, 2001 04-31, adopted May 11, 2004, and District construction and operating policies. OBJECTIVE 2: [Rephrased to improve format as an"objective", revised text,page 4] Ensure wastewater treatment system capacity is available or will be available to serve development. Policy 2.0.1: No development order shall be issued by Collier County without demonstration that sanitary sewer wastewater treatment facility capacity that meets or exceeds the minimum Level of Words underlined are added;words strusli eagh are deleted. BCC ADOPTION 2 Exhibit "A" As approved by CCPC on 10-30-12 EAR-based GMP Amendments Sanitary Sewer Sub-Element—to BCC for Adoption 12-11-12 Service Standards established herein is available or will be available to serve the development under the guidelines established for concurrency in the Capital Improvement Element of this Plan. Policy 2.1: [Revised text,pages 4, 5] The following Level of Service (LOS) standards are hereby adopted and shall be used as the basis for determining the availability of facility capacity and the demand generated by a development: FACILITY SERVICE AREA LEVEL OF SERVICE STANDARD Collier County Facilities North Sewer Service Area 115 gpcd South Sewer Service Area 'n Southeast Sewer Service Area 120 gpcd Northeast Sewer Service Area 120 gpcd Marco Island Sewer District Marco Shores 100 gpcd City of Naples Facilities Unincorporated Service Area 115 gpcd Everglades City Facilities Unincorporated Service Area 4-00-geed Orangetree Utilities 100 gpcd Immokalee Water and Sewer District 100 gpcd Florida Governmental Utility Authority 100 gpcd Private Sector Systems * * - : .. . - .. .. • - •• :gc flow design standards in Chapter 64E 6008, to address economic, social and construction method variations between individual systems. Policy 2.1: The levels of service standards (LOSS) for Collier County wastewater treatment facilities appear in Policy 1.5; subsection"E" in the Capital Improvement Element. *** *** *** *** *** text break *** *** *** *** *** Words underlined are added;words struck through are deleted. BCC ADOPTION 3 Exhibit"A" As approved by CCPC on 10-30-12 EAR-based GMP Amendments Sanitary Sewer Sub-Element—to BCC for Adoption 12-11-12 Policy 2.3: [Revised text,page 5] These LOS standards are the minimum criteria for replacement, expansion or increase in capacity of sanitary sewer wastewater treatment facilities Policy 2.4: [Revised text, page 5] The County shall annually review historical sanitary sewer demand records and adjust the LOS standards, as referenced in Policy 2.1, if so indicated by said annual review. The Collier County Water-Sewer District shall review historical sanitary sewer demand records during Collier County Wastewater Master Plan updates and adjust the LOS standards, as referenced in Policy 2.1, if needed. OBJECTIVE 3: [Rephrased to improve format as an"objective", revised text,page 5] The County shall continue to e Ensure utilization of environmentally sound and economically beneficial methods for disposal of treated sludge and septage, and shall also ensure that such practices are followed by private utilities regulated by the County. Policy 3.1: [Revised text,page 6] The County shall maintain sludge de-watering and stabilization facilities for use by County wastewater treatment operations to produce sludge de-watered and stabilized to a degree suitable for use as cover material for County landfills or to be used for any suitable manner that is permitted by law. The County shall ensure that private wastewater utilities regulated by the County follow such practices. OBJECTIVE 4: [Rephrased to improve format as an"objective", revised text, page 6] The County will continue to p Promote the use of treated wastewater effluent for irrigation purposes in order to provide an environmentally sound disposal method and to conserve potable water and groundwater supplies by developing and implementing an integrated, comprehensive strategy for the following Ppolicies. *** *** *** *** *** text break *** *** *** *** *** Policy 4.6: [Revised text,page 6] The County shall promote the use of xeri;,cape techniques (drought resistant landscaping) to minimize potable water use for landscape irrigation. The County will encourage Florida-Friendly Landscaping to reduce the generation of yard waste, reduce water consumption, and improve water quality. Section 373.185, F.S., defines Florida-Friendly Landscaping' as using quality landscapes that conserve water, protect the environment, adapt to local conditions and tolerate drought. Policy 4.7: [Revised text, page 7] The County shall seek to expand and prioritize the availability of irrigation water from supplemental sources, such as dual water systems within Community Development Districts, other special districts, and Planned Unit Developments, through connection of such sources to the County's reclaimed water system. Words underlined are added;words strusk-threugh are deleted. BCC ADOPTION 4 Exhibit"A" As approved by CCPC on 10-30-12 EAR-based GMP Amendments Sanitary Sewer Sub-Element—to BCC for Adoption 12-11-12 OBJECTIVE 5: [Rephrased to improve format as an"objective", revised text, page 7] The County shall d Discourage urban sprawl and the proliferation of private sector wastewater treatment utilities and sanitary sewer service suppliers in an effort to maximize the use of existing public facilities through the development order approval process by implementing the following policies. Policy 5.1: [Revised text, page 7] The County shall discourage urban sprawl by permitting universal availability of central sanitary sewer systems only: in the Designated Urban Area, in the Designated Urban-Rural Fringe Transition Zone Overlay, in Receiving and certain Neutral Lands within the Rural Fringe Mixed Use District, and in the Rural Settlement District, all of which are depicted on the Future Land Use Map, and in Towns, Villages, Hamlets, and Compact Rural Developments within the Rural Lands Stewardship Area Overlay. These areas are further identified as: within the Collier County Sewer District Existing and Future Sewer Service Areas BettnElafies depicted on Figure $ --4 WT-1 of the Sanitary Sewer this Sub-element, except the outlying urban areas of Immokalee, Copeland, Chokoloskee, Plantation Island, and Port of the Islands; within the Rural Lands Stewardship Area Overlay, as each Town, Village, Hamlet and Compact Rural Development is designated; or within the Rural Transition Water and Sewer District Boundaries on Figure SS 2 of the Sanitary Sewer Sub element; or in Sending Lands within the Rural Fringe Mixed Use District when Density Blending, as provided for in the Density Rating System of the Future Land Use Element, is utilized; and, in areas where the County has legal commitments to provide facilities and service outside the Urban Area as of the date of adoption of this Plan. *** *** *** *** *** text break *** *** *** *** *** Policy 5.3: [Revised text, pages 7, 8] As provided for in the Rural Lands Stewardship Area Overlay, and in Policy 1.2, central sewer facilities are permitted in Towns, Villages, Hamlets, and Compact Rural Developments. Though not anticipated, it is possible that central sanitary sewer collection lines may extend through lands not designated as a Town, Village, Hamlet or Compact Rural Development; no properties designated other than as a Town, Village, Hamlet or Compact Rural Development are permitted to connect to these collection lines. Under criteria, properties located outside of the existing sewer service area but within the future service area, as depicted on the Collier County Sewer District Existing and Future Sewer Service Areas map (Figure WT-1) of this Sub-Element, may be eligible for central sanitary sewer service from Collier County Utilities, or a an existing public or private sector utility,. or independent district, within the Receiving Ar as identified in the Rural Transition Water and Sewer District, depicted on the Existing and Future Sewer Service Areas map (Figure SS 2) of the Sanitary Sewer Sub Element, subject to availability. Qualifying criteria shall be limited to the requirements and incentives established in the Future Land Use Element and Conservation and Coastal Management Elements of this Plan to obtain preservation standards established for environmentally sensitive lands in the Sending Areas Lands of the Rural Fringe Mixed Use District (RFMUD). Criteria for central sanitary sewer or wastewater treatment service eligibility may include, but are not limited to, plans for development, which utilize creative planning techniques such as clustering, density blending, rural villages, and transfer of development rights (TDRs) from RFMUD Sending Lands •: . • . • • . . • . sensitive areas. Criteria for eligibility may be amended and additional Sending and Receiving Words underlined are added;words strask-through are deleted. BCC ADOPTION 5 Exhibit "A" As approved by CCPC on 10-30-12 EAR-based GMP Amendments Sanitary Sewer Sub-Element—to BCC for Adoption 12-11-12 Lands may be designated in the future. Central Sanitary Sewer or wastewater treatment collection lines, within the Rural Transition Water and Sewer District, may extend through Sending Lands; however, no properties designated as Sending Lands may connect to the collection lines. *** *** *** *** *** text break *** *** *** *** *** MAP CHANGES: 1. Figure SS-1.1, Collier County Sewer District Boundaries [Deleted figure, following Sub-Element text] • This map has the same title as Figure SS-1 and is incorrect. This map, and references to it in Policies, are deleted. 2. Figure SS-2.1, Existing and Future Sewer Service Areas [Deleted figure, following Sub-Element text] • This map has the same title as Figure SS-2 and is incorrect. This map, and references to it in Policies, are deleted. 3. Figure SS-1, Collier County Sewer District Boundaries [Deleted figure, following Sub-Element text] • This map is referenced in multiple Policies. The references are accurate, but the figure referenced will be the "Existing and Future Sewer Service Areas" below. This figure is deleted. 4. Figure SS-2, Existing and Future Sewer Service Areas [Revised figure, following Sub-Element text] • This map is referenced in the same Policies as Figure SS-1. This map is re-titled to "WT- 1". 5. Figure SS-3,North Sewer Service Area [Deleted figure, following Sub-Element text] • This map is not referenced in any Objective or Policy and is deleted. 6. Figure SS-4, South Sewer Service Area [Deleted figure, following Sub-Element text] • This map is not referenced in any Objective or Policy and is deleted. 7. Table SS-14, Capital Improvement Projects FY 2003-2007 [Deleted figure, following Sub-Element text] • This table is not referenced in any Objective or Policy and is specific to the Collier County Water-Sewer District. For those reasons,this table is deleted. 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' 4' ''' North Area - ',4.•`4':‘,.4'., o(-) ‘1?7,',"' c--.1 r.,---; l' IIIII Northea •rea - 4.1• , \ ‘.t.T.::. - - .,., 4,,,.....1.- c .... : • ., II \ — \ k....,_ ,,,,. . ,-sA,N:mARcoRps ,s ,v.:,-4,,, .-, ,.j d 1 Oran. ree L2t,..,s -.--,I c, -,, , ..,n,•':-..-.0,. f!,.. 7 I 4. 2,-5,--10.”' ') ' I r' '7 1(.• '' '-,'?,-.),. f.' .111 . , .• . ,, , .,,,a d_11,4,":,,-,„,-4_,id S. Area Caller County mv --„'-,-. i i' ,,r,..-14''; .,\`.'-',.,(1,,/r'--!'±_.7:`!'dV.'',,,.--•i` r.---. A _ -___L .-,k__', 1., ., ': ..,,,-."`‘,,,,,, -outheast Area . v- .,- .-; ,,-_,. -...„-. 7 t.,...._, COLLIER COUNTY SEINE '-,''A 4 • ) ,1v_.'-&-S-=,-'? cr---q( ' — . • - ' '''' \ - --- DI TRECT, -.is' . ID il-.. 3- .- ..,.. ',II f•• 1_, ', .."‘"'' '''''' .-':. -°'"' le FIGURE SS-2 - 0 WU,Ent 0- a Ares 100.I r Lo aiv 11. r: "I . up, V 1 CR 858 'ii‘I'441' z ,5 ce 9 t \z -41 0 _t 0, t- 0, ■ 0, 0 0, 0 z 5 -4. E . . z w w w 0 w rI ce cr > G, •EN GATE BLVD W z ce Z 0) 3 li PINE RIDGE-RD EXT 0 CI 1.12: 6 .......,,,,GREEN BLVD :::,k•I:114!:444 iii 11:44::'441 8 .`i v .0.,04-0 4•4 t=i I I I GOWEN GATE PKY-F2 1.4.-4441,Akte • tn -v..,.4.4....8.,%4*.......•1, 9, Am 2 1_ 0 m 1 RADIO/RD —I 75 ;Al el•"-MI / k. [DAVI VD 1 I RATTLESNAKE HA •CK R.. ird ' I t"4 ,. 7. /14,,/, '. 46 killiktok1/4„ i--C•..42''&,s, ■-"24.. -. ,r, \ ■\'1 ''' i , \,,,‘.\.1,.Q- '■.:,14,* INIIIIN Legend li, ',' ', - *A.,• •<' 01 '''',44'.\''''. • .-;-; •--00•• $ < Existing and Future S: er Service Areas ', :' 7 'ii NI _p,;-''..,,j...$1, • 44 9 41 Entity r te7 ,, :,,-.•...- ,t \-'--:::,,,:%‘1,, ,,,..1 N 0, r■SSi FGCU Service A- - i cf.,tp n IhSal,..4 .41111,; ,,-4,19Ati'l , 'c,;" P--; ' --- -.1------\14r ,,,,.• , 1111 Northeas ea \Iv :_ 44 ,- It —.4, , ,i7v..N.I4% i :.,'' 14 .. SZ/41A-F2CORD,.fi,..!.1.}.• ; T Oran.- ree p, 1 ,,r,AL . „(....,.. ,., ,,,,.a,.. A!...z.v ---- e 1 ,-)..1.,,,,..• .71,,-„_--, 1:,. ; s,,,,-.4-- , .±. Sc Area Cffltier County , k;',.., ,c';--'1. _ fi .-1-t•--... , - ;‘,4, -'''''° - 1-, A 0.,1! '1 1111 outheast Area . " /••4110/0"-- " , Art" 4—, ' , , l,,i ,4„. EXISTING AND FUTLIR.E;: WE i ..,' ' % —,; -di ,,■',.a' &,''' *, ''''',-","' ;'' .1.--- 9 1 R 21 E R 20 E -R 27 E FIGURE SS- Avaw._ ommiror - 'ma. s »t aliov©dA©01 r� a 1I(IZ IE©IWA o aoli1B©moo MINFAoi _ 11111111011mmillIDA1111111 NOMIK1 I I ®4lIou : 1;i0000000r i® 414" s ,, ,•% wl, o /�QI Qo t/ F'1 •, rmoim gri now _. _ / r1i ,__i1I. Mill 0011 8 iR i- - ' X1111 a111oo �In I Ae.ae i►Q011oa1 111 VallIVAROMAIIIIIIIIIIMIN olltr11aiooMo11111110 NiNci.....,...., .„; A' iwid1111111111111111111111111 . VA t/i,°" "Z] .*.lanallainkignill *11111011111111111MECIll 4.-.04:02"70191)11nrintanill :-11441111a14.1041110111111 . 4oh-i ,44m*- militipik1111 s I II COLUER COUNTY SEWER DISTRICT BOUNDARIES If MAN O AND MAN! S N*Jc MUTE;ELEMENT OGiOffR 2002 iMY SEW SUCIELDM7f 1 R 23 E I R 28 E I R 27 £ I I 1 N W _ Z a 11 m 4 arms. I Z ,�a. •ff canna ,uirfiA arses., • I I 0 M 4 •.1 nF A A MI IN j .—mini.--— S _--- —_ _._ ;re t2 ;iiiii sou ' .- I l - niiiiimm i;ni innc -- -; '— .T"""..... 1 " i - -- i S' 4 I U Lii Iinnfl IIII �, z W Q i iaf.- ----".4 S ,z V/ lirrun$ 01 .�._ w Ct 1f f+■ rrffi'i Hill - -- -••.$ia6f14�'. .... Q _ 1 _ . , . II .~ I g lb 72.-- l'.71 a i r 1. � 1 faaa4-_ w - ; "1 - I ►— Ct 11.:.4,1 ! 0 ,.My, c t i , ` '11' - 1 -_,_ ,mss ' ,• . : GULF OF MEXI • . p I II 11 I I a I .1 Ul 01 La..I CK .11 a . c Z 4 Z 0 Z I 1 4 , . __El , A ___ L I 1___.._ 1 •:'. .0 .1 il M i ■ I - I .1 4 0 I-. I I ill1.11"111.0.' 0 8 ii 1 . • . "Muss ,,,,'.---- Eli 4•ROM,r, - r. .41 1— — — — __—#_ _d _ . , _ . 2 - T „ aa t as al — —— — 1- I 1— t 5 . . u< .--- CD w 1 L■ i Et 1 I ----' . \V) _ ___ ___ I; r - .• ‘ - '1 I 1 74- .. , r4 ,1-- 8.....I.,..- . - - -, _,....._. .. , L N. 1...0 - ' i , — 0 r........ . 1.: _. ..... A a, i I (..h . . ?; ;‘ ,- , 1 ." ' ',,I. • 1. ..a....3, --, Ct •0▪1 , g , • , RI, '1i 2 " 1 I A •? i I r. II.-LI f=• 'ItiJi., ' v i r,,,,, 4. , . g -• `1•0 ''' 1 g- •fr Ili a, r• 1 m a 0,,a ... 1 . 40. • ••• 1 0, Ca :1, V) i :1 /0•40'.- I 1. ‘? .....,,, I " .•. 1 - Ii I 1•''' •-..) c-- I.1 I i D ri.. • ., , • --- ,, . ,.. ...-.-„,„--- ''. (.1) t .-. - ; 1E it, .1 1 ' II ,r" ,,,t--.. 4 '/. . : •', ;V. .. . * ,....",—„.... , /4n$ '. s ■ , .... .411 ....." I 111PRolafilr ..5 libillp p % , 1, 4 .....-•°. a ..- . 4 OF E1/IVO crILF 0- 111' .‘ 1 1 0[10 ID • * . 0 1 it I : ; I 1 it I 1 i 1 g 16 131111. ! itsi 1 0. ,. _ z g 61 !I li 1:11 11 g illiA ,Iiii ! ,1 ei ii 1;ii il 1. i 1 '' 1 1 i III, rAl I E5 i . i§ ° I-0 tfala allaill a.-lial i \ TASL!3674 CAPITAL IMPROVEMENT PROJECTS FY 2003-2007 PROJECT DESCRIPTIONS • WASTEWATER AND RECLAIMED WATER Greeley and Hansen LLC October 2002 Pry Project Name DesorIPUon WASTEWATER PROJECTS Existln• aatawatar 413(Growth Related)Projects Carrpteton of expansion of the existing •- - tarn 8.5 to 13.5 MOD.Add 2 new 413/GD 73031 NCWRF 5 MOD cadgers,one new aeration basin,one deer,a new chlorine contact bldg.t tank a new blowsy bldg.Dleinleclon ,sludge dewalarlig expansion,sludge tlddaener,odor control,RDP 8:aludpe pumping station. 413/30 73084 Wastewater Master Plan •• Annual Update of%mediator plan. 413/GD 73074 LhNgaton Road FM PRR • _- FM from Pine Ridge Road b V • • Road 413/GD 73076 North/South Sewer Intercom West Interconnect between' and south sewer systems. 413/30 73077 NCWRF Row Equalization Flow Egualsellon Tank CWRF. 413/3D 73079 Master Pumping Station- • - • • CR 951 New Master Pumping= • at Mandate Road/951 413/4D 73085 VBR 16'FM-C.R,951 to Logan Study,design and• • • of new ir force main from C.R.951 to Logan Bird. 413/GD 73088 C.R.951 18'FM-Immolates Rd.to = design of new 18•force main from Inundate Rd.to Vanderbilt= 413/GD 73088 Land Acqulatlon for Bloeollds Facility Prepare • tali term blonds aeerraWes,dimming location for bbsolds p•. prcpnty.and tnplamsat Wan• murk• ,• and conainuctim of a Wrath fora main tom proposed master pumping 413/GD 73131 Immakltlae Road East 18'Force Main Cc Trim WRF.This force •be constructed w1h Inwnokal a Road widening scheduled to start to FY'0 . Interconnect •,design and construction d Bala Barbara Bird.fora main from Mater Pump 413/GD 73132 East Sewer • 313.0010 Vanderbilt Basch Rd. 413/GD 73150 East Sew Interconnect Booster Station Design n of booster pupping Nation for Santa Barbara BNd•A.ognna Bird.force main. 413/GD 73151 Master Pump Station-Vanderbilt Beach Rd.&Logan Blvd. Design and construction of new Master Pump Station for East Sewer Mterocn nsct. 413/3D 73152 Master Pump Station-Vanderbilt Beach Rd.&Livingston Rd. New Master Pumping Station 413/3D 73153 Master Pump Station-lmnolaks Rd.East Area'B' UPS to Serve Northeast Service Area. 419/CiD 73164 SCWRF injection Welk Design and instal second deep irh)asction wd at tit•SCWRF b provide additional 413/GD 73155 New NCWRF•Acquire Site - - 147 ec ad at Orange Tree for ad of WRF and WTP. • design and construction of a new 2.0 mgd WRF by 2008,an expansion to 4.0 mgd• '10,and an expansion to 8.0 mgd by 2018(apandable to 12 mgd)on the 413/GD 73158 New Northeast Water Reclamation Facility Orange property to redone the editing Orange Tree plant and we polarmd nee Gustiness Northeast(dadae Area. 413/GD 73157 New SEWRF-Land Acquisition Study Study 0f.. Ws� n of up to 10.5 mgd(mmdg WRF in Southeast Service Area. 413/GD 73158 lips(ze Lakewood FM to 18' Study,design • • • • of a new 18-Inch h 1aa main from Master Pumping Station 3.05 to - p Salon 3.00(upgrading exiting ir force main). 413/GD 73186 Pumping Station Upgrades U�s to existing • and *km as needed to hasp pace wilt 413/GD 73187 Growth Management Plan • - Update Santta_ry Sewer to Growth Management Plan 413N3D 73190 VBR 18'FM•Islander*- basement 413/3D 73195 MPS 3.14(Naples New Mauer Punptg station 413/01D 73925 MPS 1.04 New Mester Pumping Station• besom at Goodman-Frank Improvements b wasting mutations pumping elation,as needed to keep pace with 413/GD 73945 Pumping Station , • growth.Specific sit stations blended • • • based on system hydmulc model in currant update Is master pin. 413/GD 73948 NCWRF Deep —4.• Wel Design and instil two deep W4eNbn wins 01W pumping station. 413/GD 73949 SCWRF • • 2001 Expansion of SCWRF b 18 mgd MMDF. Study,design and construction of a two-phased • olds plant The Ingsl phase all be a 5.0•mgd AADF(8.54ngd IAMDF) •• • of the WRF.The second 413/4D 73950 NCW 7 30.8 MMADF Expansion(Phase 1 iv 24.1 mgdMMDF) phase wit l uo be 5.0 mgd AADF(8.5 mgd LI DF). first phase expansion WI result in a wacky of 24.1 mgd MMDF and M be• 2005.The second phase expansion will result in a woody of 30.8 mgd MMDF and be Wine by 2010. New Wastewater 413 Projects 413/GD Land Acquisition Study for East Caning WRF Study of posstle saes for location of up b 12.1 mgd(mmdl)WRF Central tombs Area. • 413/0D 8 East Central WRF Land Acquisition Purchase 50 so site at in East Central area for sae of WRF. 413/0D 10 Southeast WRF Land Acquisition Purchase 50 as site at in East Cenld area for sae of WRF. 41 c W W 12 East Central WRF Study,design end construction ctnew on of a new 4.0 mgd WRF by 2008 and an .„ • to • 8.0 mgd by 20141epandebte to 12 mgd)in Area C to serve potenBN new. Study,design and construction of a new 3.0 mgd WRF by 2012 and en. • c• W W 13 Southeast WRF 5.0 mod by 2019(expanded,b 10.5 mgd)in Area 0 to serve potential new custom (Deter unit alter 2010.) TIM e64.2002 Collar MOP Dregs s Paw 1 e 3 044ao01 I3 TABLEei14 Project Name Daaarlpt 41 c W W 16 Service to Golden Gate City ddecomm�bpon sequins the Golden Gab the pirq and direct Iowa toe utility,costs we be County hdlly. incurred to 413/aD 19 Replace Ex.4'Force Mein with 8' 145.00 Airport-Puling Road(upgrading sidling V force main).Master P Station 413/GD -1 Livingston Road FM Upelm-Regional Park to I.R. ,design and construction a upslas a existing 12-inch form 204 ch tome main from Regional Park b LR. 413/GD 2002- VBR FM-Logan Blvd.To Goodlette Go Study, Road. a a new 18-and 241nch fora tope 9Wd To 413/OD 2002-3 c -••- Rd FM-VBR to NCWRF Study,design and construction of a new 30-inch tore mob• Varrdarblt Beach Road to NCWRF a• •.,• Wastewater 414 Projects 414 R,RSE 70027 Clean W Act Risk Mgt Study Clean Water Act Risk Management Study for W • ter. 414/R,R&E 70078 SpI. - Software Software Goodies-Frank Road Four Liming W.Pine Ridge Road to At 414/R,R&E 73028 &iodlalte Rd - •-:• • Venderblt Baste Road)Relocate 12,500 of 18'FM and 4,400 LF of 24'FM as part of road widening project 80134 Creating a set of system maps for • r and**shooter departments to be u*ed 414/R.R&E 73032 Sewer for foaIon a el Swabs.The be uMbed b emergency situations and as a Mapping reference for bail engineer • • •Information on our rssteradsr system. Addtilasly,the maps wit be by the PWED Section In pluntg for future eupambn or our system to • •up with anticipated growth. 4141R,R&E 73045 FDOT Joint Pails Contingency fund for the •-••• of sewer mats tom various FOOT protects. 414/R.R&E 73054 Cnty Barn Sewer Line Relocate b Davis Bed,Relocate sealer mats for red widening Project.Road• • • scheduled for FY 2008. 414/R,RAE 73080 Pat Au Prince Sewer • •,Haase ism serving 4 streets al of Ponau a funding source. 414/R,R&E 73085 CCDOT Utility Relocates may be needed{Oven accelerated County road anetrucIon 414/R,R&E 73071 Energy Efficiency Enhancements Study electrical upgrades b YePeve edgy efficiency at Me vestment tiger pump g stations. sewer collection crews and equipment depot to•larger belay to 414/R,R&E 73072 Public Utilities Operations Center -• masts growth. Proceeds from the sale a the existing faciy at 8027 Shirley - at wi be necked and MI her offset the cost to relocate b a lower facer. 414/R,R&E 73078 Henderson Creek Sewer Improvements To provide sewer service connections to propoya(MILE and flip south of Henderson ,••• ., Creek Rd. 414/R,R&E 73082 Pu np/Uft Stations Rehab Deslyn and bid pooping station nlwbingon for wastewater collections department 414/R,R&E 73083 Sewer Line Rehab Design and bid Vendtiaa sewer rtete atlon for wastewater collections d petnent 4141R,R&E 73127 Sludge Stabilization Management Sludge Management hnprovsmenb 414/R,RBE 73180 Rookery Bay FM and PS Improvements Improvemrets to Rookery Bay wastewater transmission system. 414/R,RItr nisi Take Package Plaits Off-Line(4) project vri slow tine County to take over aaMos to wastewater customers in the now saved by package treatment plans. 4141R,RRE 73182 City Permanent Inter-connect F• tsar-connect with City of Naples 414/R,R&E 73183 BSU Inter connect F• - interconnect connect with Bonita Sprig.Utilles Provide • system I81 analysis and lied investigation as recommended to the South 414/RASE 73184 South Courtly IS,l Analysis Culler • Reglonar WRF users.Report(,rum soot).moat Is b reduce wet weather•• •the BCWRF. 414/R,R&E 73165 Asset Management Assistance Provide • In management of tiro County's unity assets. 414/R,R&E 73188 Odor/Cofroslon control Y"u• ••• investigate and 1ntRemeat odor and corrosion combat improvements • • • the wastewater enaction system. 414/R,R&E 73301 VBR-Airport Rd.to CR951 elf• • -te Relocate existing fones • for road constucton. 414/R,R&E 73302 CR951-GOB to immok.Rd. •-. Rebate mom force • road oorstruction. 414/R,R&E 73308 RatlfoSH Rd.-Polly to - relocate Rebate existing force mein mad construction. 414/R,R&E 73911) South Cnty Reg W WTP work includes replacement• screen.Fypht SFP Feed pumps, i snanentolon for motor ape . 414/R.R&E 73922 Telemetry biometry F 53001850 remote and 13 master lR statues own has 414/R,R&E 73943 30"Immokalee ;•.• FM Clean editing 30'FM and tstel• •pigging atacon. The purpose of this project is the updating• • brig system software amenity uiffired 414/R,R&E 73944 BBk'V- doas rat�mays D as accounts.The current software AddMonaly,the software le outdated for the number of customers that Crier• • has end wel centime to gain. 414/R,R&E 73949 = • Expansion 2001 Expansion of SCWRF b le mid.. 414/R,RBE 73950 RF Expand to 30.8 rood MIMDF Expansion of NCWRF to 30.8 ngd MMDF(Phase 1.: mad MDR. 414/R,R&E TBD , FDOT Joint Projects Contingency fund for the relocation of sewer mat from • FOOT projects. 414/R,R&E TBD r Lute Rehab Design and bid banchless sewer rehabitetlon for wastewater• ••• department 414/R,R&E =' Pump/lift Station Rehab Prepare manhole and Mt station rsfambti4ticn annual contract•, • Muli-year program to investigate 414/R.R&E ► Odor/Corrosion Control Improvements throughout the wastewatimplement r mcolection system. 414/R.R11 TBD CCDOT Utlity Relocates Rsbation of Wiles as maybe needed given accelerated Canty road• • .- • schedules. «, New Wastewater 414 Projects 4 ,R&E W W 14 Decotmhealoni g of Pelican Bay WRF Study,design and decommissioning of Pekin Bay WRF. I 4/R,R&E 2002-4 NCWRF Oxidation Ditch Improvements Study,Design and Construed=of improvements to NCWRF Oxidation Ditch Tit eFNJee oaarww BP o..apla• P.p.a a a 5152X5 1 L • TABLE S:144 Protect Project Name Description No. RECLAIMED WATER PROJECTS Existing Reclahmed Water 413 Project 419/00 7 Back Pressure Sustaining trains Instal back pressure sustaining valves at al reclaimed water bliss b create pressure on demand system. 419IGD 74021 c. Gate Canal StlpplereenW Water System Study,design and construction d system to extras enlace r for meeting peak Irrigation demands. 418/GD 74029 EMI aratgemet Master Plan Update Update effluent management portion of countywide • mater plan, Design,pe nl and ooretruct one MR lest well ,than cc alruot up In seven AMR 419130 74090 ASR Water wells wale for the Purpose of Werth°sins rectekm dig of peaks and retrieving sae during peak demand ernes for ales to cuelomere.Also Includes monitor wale piping pumps and tstnetry. Construct 20'reclained water mein • anderblt Saudi Road from Airport Road b 413130 74034 Vanderbilt Bch -: .WM 20' VMege WNc OWN to hawse lows • WS Interconnect,the injection wets and customers east of•75. Construct 18'reclatrned water• + along Ratio Road and Santa Barbera Bed.From 413/00 74035 Radio R1/Senta Barbara = 18'Redamed WM Fwdlrs to Count yalds to -• • lows to WS kalmo ueot A potable alternate route Is along the FPL • • Davis Bed.&Ratio Rd. 413/GD 74038 Radio Rd 20"Rd W M Construct 20' -•. • • main along Radio Road from BrkBwood b Foxlo a part olNl8 Into•• 413/I3D 74078 Reclaimed Water Booster Pump-, • North New Nestor •Station 413/GD 74077 NCWRF 24'Reclaimed Water Main- • to Vanderbilt Beach Rd New- • •Wald Transmission MWh. 419/0D 74078 NCWRF 24'Reclaimed Water Main-Along h v Rd,VBR New Re• •WormTrensmteaon Mtn. 418130 74125 Supplemental krtyetlon Water Study, •• and construction of supplemental water 1acIMNs for reclaimed water 413/GD TBD 2002 Growth Management Plan Update • growth management pin @abatement every five years. 413/GD 74037 Miscellaneous Effluent Improvements 1— • Effluent Improvements New Reclaimed Water 413 Prolscts 413/GD RW 1 Reclaimed Water Booster P8•North SA Study,design,and construction of booster a recomme ded h Water Resource Fleming Report,August 2001. 413/GD RW2 interconnect to South SA-20'Reclaimed WM Study,design,and ccnslucl°n of reclaimed water line recommended h Water• •.Planning Report August 2001. 419/(30 RW3 Interconnect to North SA•20'Reclaimed WM • •.design,and construction of reclaimed water the recommended In Wane Wa• -Naming Repot,August 2001. Existing Reclaimed Water 4 - • • 414/R,R&E 74015 Misc.Effluent Improvements Allows ce • •Improvements to the reclaimed water transmission system. 414/R,R&E 74019 City Barn Rd EM Line Relocate Rattlesnake .. Rd.b Davis SW.,Reboots reclaimed water make for rood widening PmNcl. • •prolect cumin*scheduled for FY08. 41 ME 74021 Golden Gate Canal ater_ initiation of to• • canal.water from le canal. 14/R,R&E 74023 Pelican Bay lug Fire -- Ooodstte-Frank Road Four• • g Improvements(Jot.Pine Ridge Road to Jct. 414/R,R&E 74028 Good ette Rd Reclaim W -Relocate Vanderbilt Beach Road)Re•-• A00 LF of 20'efikent main as part of road widening project 80134. 414/R,R&E 74030 Redai med Water ` Stray,design and construction of •'steed water ASR wells. 414/R,R&E 74031 Rehab SCWRF ---: ed Wtr Ste Tank Repels to reclaimed eater storage• - • repass to wall asdcs,Construclbn jails and eaarebn tetra. 414AR.R&E 74033 Reolamed Telemetry Add telemetry to 31 reclaimed water user •7 raw water wet sites.There am 19 sees In North Service Area,7 raw water wets, 12 sea in the South Sena area. 14/R,R&E 74039 P •- WeNs Add two new wale with vault,electrical Instruments •and controls. 14/R,R&E 74047 - •Water Automatic Read Meters Add automatic read meters to existing system to operation. 414/R,R&E 74075 Lakes Reclaimed Water Pump Station Upgrades to redelned Water PS Funds am to bendy sources and implement a •• . supply to augment 414/R,R&E 741 Supplemental Irrigation Water redelned water used for irrigation. Includes rranokalee Rd W •and Reclaimed water Lie. 414/R,R&E :•, Immok.Rd.-U541 to 175 eff relocate Reclaimed water pipeline relocation tornew road oonetructon. 414/R,-. - 4301 VBR-Almost Rd.to CR951 eff relocate Reclaimed water pipeline rabcalon forrew road construction. 414/R, 74302 CR951-OGB to irmnck.Rd.relocate Reclaimed water pipeline reloaln for new mad construction. 41 - E 74303 GOP•Airport to BBB elf relocate Redammed water pipeline relocation for new mad construction. 41 ME 74307 Misc.Effluent Improvements 1.4isc.Men!improvements -ME 74308 Pelican Bay Reclaimed Water PS Cranes Add Crones at Pelican Bay Redeemed PS TrwMp•14.,t00e Cease"MOP Dwagre Parsers wi•aooa ,/ ORDINANCE NO. 12- AN ORDINANCE AMENDING ORDINANCE NUMBER 89-05, AS AMENDED, THE COLLIER COUNTY GROWTH MANAGEMENT PLAN FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE POTABLE WATER SUBELEMENT OF THE PUBLIC FACILITIES ELEMENT TO PROVIDE FOR 2011 EVALUATION AND APPRAISAL REPORT (EAR) BASED AMENDMENTS TO THE GROWTH MANAGEMENT PLAN; 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 hearings to provide for and encourage public participation throughout the 2011-12 plan amendment process; and WHEREAS, Collier County did submit the 2011-12 Growth Management Plan amendments to the Department of Economic Opportunity for preliminary review on May 03, 2012; and WHEREAS, the Department of Economic Opportunity did review and did not make written objections to the amendments to the Growth Management Plan and transmitted the same 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 Economic Opportunity to adopt, adopt with changes or not adopt the proposed amendments to the Growth Management Plan; and WHEREAS, the Collier County Planning Commission held a public hearing on the adoption of the amendments to the Growth Management Plan on October 30, 2012; 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 amendments to the Growth Management Plan on December 11, 2012; 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: Words underlined are added; words struck through are additions; words with *** indicates a page break SECTION ONE: ADOPTION OF AMENDMENTS TO THE POTABLE WATER SUBELEMENT OF THE PUBLIC FACILITIES ELEMENT OF THE GROWTH MANAGEMENT PLAN. The Board of County Commissioners hereby adopts the amendments to the Potable Water Subelement of the Public Facilities Element attached hereto as Exhibit "A" and incorporated herein by reference. SECTION TWO: SEVERABILITY. If any phrase or portion of this Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion. SECTION THREE: EFFECTIVE DATE. The effective date of these plan amendments, if the amendments are not timely challenged, shall be 31 days after the state land planning agency notifies the local government that the plan amendment package is complete. If timely challenged, these amendments shall become effective on the date the state land planning agency or the Administration Commission enters a final order determining this adopted amendment to be in compliance. No development orders, development permits, or land uses dependent on these amendments 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 state land planning agency. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County this day of December, 2012. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA By: BY: , Deputy Clerk FRED W. COYLE, Chairman Words underlined are added; words struck through are additions; words with 2 *** indicates a page break Approved as to form and legal sufficiency: (rNL Heidi Ashton-Cicko Managing Assistant County Attorney Attachment: Exhibit"A" 2011 EAR-BASED ADOPTION- POTABLE WATER SUBELEMENT OF THE PUBLIC FACILITIES ELEMENT Rev.9/24/12 CPA 2-CMP-00848\26 Words underlined are added; words struck through are additions;words with 3 *** indicates a page break Exhibit "A" As approved by CCPC on 10-30-12 EAR-based GMP Amendments Potable Water Sub-Element—to BCC for Adoption 12-11-12 GOALS,OBJECTIVES AND POLICIES [Revised text,page 2] Potable Water Sub Element GOAL: TO PROTECT THE HEALTH AND SAFETY OF THE PUBLIC BY ENSURING ACCESS TO ENVIRONMENTALLY SOUND, COST EFFECTIVE AND IMPLEMENTABLE POTABLE WATER FACILITIES AND SERVICES. OBJECTIVE 1: [Rephrased to improve format as an"objective", revised text,page 2] The County shall 1 Locate and develop potable water supply sources to meet the future needs of the County owned and operated systems, said supply sources meeting the minimum Level of Service Standards established by this Plan. The development and utilization of new potable water supply sources and the acquisition of land necessary for such development shall be based upon the information, guidelines and procedures identified within the County's Ten-Year Water Supply Facilities Work Plan(as updated annually), the Collier County Water Sewer Master Plan, and the Lower West Coast Water Supply Plan prepared by the South Florida Water Management District. *** *** *** *** *** text break *** *** *** *** *** Policy 1.3: [Revised text, page 2] The County shall continue to identify sufficient quantities of water sources to meet the County's estimated growth-related needs. Potential water sources to meet the County's 2025 water • -- - . - - - Master Plan. The County shall use these water sources as well as alternative sources, as permitted by the State, to meet the County's needs. The County shall seek supply from all permissible sources of raw water cited in the Lower West Coast Water Supply Plan to meet the County's needs. *** *** *** *** *** text break *** *** *** *** *** Policy 1.5: [Revised text, page 2] The County shall coordinate with the South Florida Water Management District in the development of the Water Master Plan Update Lower West Coast Water Supply Plan, which is the primary planning document for the Collier County Water Sewer District. Policy 1.6: [Revised text, page 2] The County shall coordinate with the South Florida Water Management District to produce future plans for water supply as described within the Water Master Plan Updates Lower West Coast Water Supply Plan that ensure the County's ability to maintain its stated Level of Service standard. *** *** *** *** *** text break *** *** *** *** *** Words underlined are added;words struok-threug4 are deleted. BCC ADOPTION 1 Exhibit "A" As approved by CCPC on 10-30-12 EAR-based GMP Amendments Potable Water Sub-Element—to BCC for Adoption 12-11-12 OBJECTIVE 2: [Rephrased to improve format as an"objective", revised text,page 3] The County shall implement the following policies to m Make certain that public and private sector potable water service utilities provide, repair and/or replace potable water supply, treatment and distribution facilities to correct existing deficiencies in their respective service areas as may be required to meet or exceed the Level of Service Standards established in this Plan. In addition, expand public sector potable water service utilities shall be expanded as necessary to provide for future growth, as provided for in the following policies. Policy 2.1: [Revised text,page 3] The Collier County Water-Sewer District shall continue the development of a Collier County Regional Potable Water System consistent with the Capital Improvement Element and the Collier County Water Sewer Master Ten -Year Water Facilities W o rk Plan to correct existing deficiencies and provide for future growth. Policy 2.2: [Revised text, page 3] Consistent with the growth policies of the Future Land Use Element of this Plan, provision of central potable water service by the County is limited to the service areas shown in this Plan and depicted on the Collier County Water District Flies Existing and Future Potable Water Service Areas maps (Figure PW-1 and Figure PW 1.1); the Existing and Future Potable Water Service Areas maps (Figure PW 2 and Figure PW 2.1), which includes the Rural Transition Water and Sewer District; and, to areas where the County has legal commitments to provide facilities and services as of the date of adoption of this Plan. Additionally, the County may serve Towns, Villages, Hamlets, and Compact Rural Developments within the Rural Lands Stewardship Area Overlay at the County's discretion; presently, the County has no plans to serve any portion of the Rural Lands Stewardship Area Overlay. This Overlay is depicted on the countywide Future Land Use Map and map series. Within the Rural Lands Stewardship Area Overlay: Hamlets and those Compact Rural Developments one hundred (100) acres or less in size may be served by central potable water facilities; Towns, Villages, and those Compact Rural Developments greater than one hundred (100) acres in size are required to be served by central potable water facilities; and, Compact Rural Developments one hundred (100) acres or less in size may be required to be served by central potable water facilities, depending upon the permitted uses within the Compact Rural Development. These facilities may be provided by the private sector, an independent water authority, or some other non-County utility. For the purposes of this pPolicy and pPolicies 2.4, 5.1, and 5.3, within the Rural Lands Stewardship Area Overlay, the term "central potable water facilities" includes decentralized community treatment systems. Innovative alternative water treatment systems such as decentralized community treatment systems shall not be prohibited by this pPolicy provided that they meet all applicable regulatory criteria. *** *** *** *** *** text break *** *** *** *** *** Words underlined are added;words etruck through are deleted. BCC ADOPTION 2 Exhibit "A" As approved by CCPC on 10-30-12 EAR-based GMP Amendments Potable Water Sub-Element—to BCC for Adoption 12-11-12 Policy 2.4: [Revised text,page 4] Collier County shall permit development of potable water supply systems as follows: within the Designated Urban Areas of the Plan, including the outlying urban areas of Immokalee, Copeland, Chokoloskee, Plantation Island, and Port of the Islands; within the areas depicted on the Collier County Water District Boundaries Existing and Future Potable Water Service Areas map (Figure PW-1); within the Existing and Future Potable Water Service Areas map (Figure PW 2), which includes the Rural Transition Water and Sewer District; in Sending Lands within the Rural Fringe Mixed Use District when Density Blending, as provided for in the Density Rating System of the Future Land Use Element, is utilized; in Towns, Villages, Hamlets and Compact Rural Developments within the Rural Lands Stewardship Area Overlay; and, in areas where the County has legal commitments to provide facilities and services as of the date of adoption of this Plan. For lands located within the Collier County Water-Sewer District, but in which County water service is not currently available, non-County potable water supply systems shall only be allowed on an interim basis until County service is available. Individual potable water supply wells may be permitted within the areas depicted on the Collier County Water District Boundaries Existing and Future Potable Water Service Areas map (Figure PW-1) on an interim basis until County water service is available; individual potable water supply wells may be permitted in all Urban designated areas outside of the areas depicted on Figure PW-1 on an interim basis until a centralized potable water supply system is available; individual potable water supply wells may be permitted in the Rural Transition Water and Sewer District, depicted on the Existing and Future Potable Water Service Areas map(Figure PW 2), on an interim basis until County water service is available; individual potable water supply wells may be permitted in Sending Lands within the Rural Fringe Mixed Use District when Density Blending, as provided for in the Density Rating System of the Future Land Use Element, is utilized, on an interim basis until County water service is available; and, individual potable water supply wells may be permitted on lands outside of the Urban designated areas, outside of areas depicted on Figure PW-1, and outside of Towns, Villages and those Compact Rural Developments greater than one hundred (100) acres in size within the Rural Lands Stewardship Area Overlay — all areas where potable water supply systems are not anticipated. However, individual potable water supply wells may or may not be permitted within Compact Rural Developments one hundred (100) acres or less in size, depending upon the uses permitted within the Compact Rural Development. Also, in Towns, Villages, and those Compact Rural Developments greater than one hundred (100) acres in size, potable water supply wells are allowed to serve no more than 100 acres, on an interim basis only, until central a centralized potable water supply system service is available. Policy 2.5: [Revised text, page 5] The County shall continue enforcement of ordinances requiring connection of existing and new development to central potable water systems when they become available. Connections to a central system shall be made pursuant to Collier County Ordinance 01-73, adopted December 11, 2001, as amended. Words underlined are added;words struck through are deleted. BCC ADOPTION 3 Exhibit"A" As approved by CCPC on 10-30-12 EAR-based GMP Amendments Potable Water Sub-Element—to BCC for Adoption 12-11-12 Policy 2.6: [Revised text, page 5] Where Community Development Districts, or other similar special districts are established to provide a tool for developers to finance infrastructure or other purposes, wholly or partially within the Collier County Water-Sewer District, water service shall be connected to the regional system, and internal facilities shall be conveyed, when acceptable, to the Collier County Water- Sewer District for operation and ownership in accordance with Collier County Ordinance 01 57, adopted October 23, 2001 04-31, adopted May 11, 2004, or its latest revision, and District construction and operating policies. OBJECTIVE 3: [Revised text,page 5] Pursuant to Chapter 163.3202, F.S., including any amendments thereto, Collier County has • . - -• - • . . . . . - : ensure that at the time a development order is issued, potable water facility capacity that meets or exceeds the minimum Level of Service (LOS) Standards established herein is available or will be available to serve the development under the guidelines established for concurrency in the Capital Improvement Element of this Plan. Policy 3.1: [Revised text, page 5] The following Level of Service Standards are hereby adopted and shall be used as the basis for Review of the historical ratio of residential to non residential demand indicated that approximately 17% of the total water usage is non residential. Thus, the residential demand is 154 gcpd and the total finished water demand is 185 gpcd. FACILITY CAPACITY FACILITY/SERVICE AREA LEVEL OF SERVICE STANDARD Collier County Water Sewer District 185 gpcd -.. . . - D. 185 gpcd Marco Island Water District Marco Shores 185 gpcd CITY OF NAPLES FACILITIES Unincorporated Service Area 185gpcd EVERGLADES CITY FACILITIES Unincorporated Service Area 185 gpcd INDEPENDENT DISTRICTS Orangetree Utilities 100gpcd Immokalee Water and Sewer District 100gpcd Florida Governmental Utilities Authority 100gpcd Words underlined are added;words struck-throw are deleted. BCC ADOPTION 4 Exhibit"A" As approved by CCPC on 10-30-12 EAR-based GMP Amendments Potable Water Sub-Element—to BCC for Adoption 12-11-12 The standards for levels of service (LOS) of County potable water systems appear in Policy 1.5; subsection "D" in the Capital Improvement Element and shall be used as the basis for determining the availability of facility capacity and the demand generated by a development. Policy 3.2: [Revised text,page 6] In order to ensure that the Level of Service Standards LOS standards contained in Policy 3.1 are maintained, methodologies for determining available capacity and demand shall incorporate appropriate peak demand coefficients for each facility and for the type of development proposed. Policy 3.3: [Revised text,page 6] The Level of Service Standards LOS standards contained in Policy 3.1 are the minimum criteria for replacement, expansion or increase in capacity of potable water supply facilities. Policy 3.4: [Revised text,page 6] Service Standards contained in Policy 3.1 if so indicated by the annual review. The Collier County Water-Sewer District shall review historical potable water demand records during Collier County Wastewater Master Plan updates and adjust the LOS standards, as referenced in Policy 3.1, if needed. OBJECTIVE 4: [Rephrased to improve format as an"objective", revised text,page 6] The County shall continue to p Promote conservation of potable water supplies by developing and implementing an integrated, comprehensive conservation strategy which will identify specific consumption per capita goals. *** *** *** *** *** text break *** *** *** *** *** Policy 4.5: [Revised text,page 6] Where Community Development Districts, or other similar special districts are established to provide a tool for developers to finance infrastructure or other purposes, wholly or partially within the Collier County Water-Sewer District, and where such districts make provisions for irrigation via dual systems utilizing effluent and/or other irrigation sources, said systems shall be connected to the regional system when available, and all internal irrigation systems shall remain in private ownership and be master metered by the County in accordance with Collier County Ordinance Number 04-31, adopted May 11, 2004. Policy 4.6: [Revised text,page 7] The County shall promote the use of xeriscape techniques (landscaping method that emphasizes water conservation in its use of drought resistant landscaping) to minimize potable water use for landscape irrigation. The County will encourage Florida-Friendly Landscaping to reduce the generation of yard waste, reduce water consumption, and improve water quality. Section 373.185, F.S., defines Florida-Friendly Landscaping' as using quality landscapes that conserve water, protect the environment, adapt to local conditions and tolerate drought. Words underlined are added;words struck are deleted. BCC ADOPTION 5 Exhibit "A" As approved by CCPC on 10-30-12 EAR-based GMP Amendments Potable Water Sub-Element—to BCC for Adoption 12-11-12 *** *** *** *** *** text break *** *** *** *** *** OBJECTIVE 5: [Rephrased to improve format as an"objective", revised text, page 7] The County shall d Discourage urban sprawl and the proliferation of private sector potable water service suppliers in an effort to maximize the use of existing public facilities through the development order approval process . •- - ----- •-: -- _ .. • •- . Policy 5.1: [Revised text, page 7] The County shall discourage urban sprawl by permitting universal availability of central potable water systems only: in the Designated Urban Area, in Receiving and certain Neutral Lands within the Rural Fringe Mixed Use District, in the Designated Urban-Rural Fringe Transition Zone Overlay, and in the Rural Settlement District, all of which are depicted on the Future Land Use Map, and in Towns, Villages, Hamlets and Compact Rural Developments within the Rural Lands Stewardship Area Overlay. These areas are further identified as: within the Collier County Water District Existing and Future Potable Water Service Areas depicted Boundaries on Figure PW-1 of this the Potable Water Sub-eElement, except the outlying urban areas of Immokalee, Copeland, Chokoloskee, Plantation Island, and Port of the Islands; or within the Rural Transition Water and Sewer District Boundaries on Figure PW 2 of the Potable Water Sub element; or in Sending Lands within the Rural Fringe Mixed Use District when Density Blending, as provided for in the Density Rating System of the Future Land Use Element, is utilized; within the Rural Lands Stewardship Area Overlay, as each Town, Village, Hamlet, and Compact Rural Development is designated; and, in areas where the County has legal commitments to provide facilities and service outside the Urban Area as of the date of adoption of this Plan. *** *** *** *** *** text break *** *** *** *** *** Policy 5.4: [Revised text, page 8] Under criteria, projects located outside of the existing potable water service area but within the future service area, as depicted on the Collier County Water District Existing and Future Potable Water Service Areas map (Figure PW-1) of this Sub-Element,may be eligible for central potable water service from Collier County Utilities, or a an existing public or private district, within the Rural Transition Water and Sewer District, depicted on the Existing and utility, subject to availability. Qualifying criteria shall be limited to the requirements and incentives established in the Future Land Use Element and Conservation and Coastal Management Elements of this Plan to obtain preservation standards established for environmentally sensitive lands in the Sending Lands of the Rural Fringe Mixed Use District (RFMUD). Criteria for potable water service eligibility may include, but are not limited to, plans for development, which utilize creative planning techniques such as clustering, density blending, rural villages, and transfer of development rights (TDRs) from RFMUD Sending Lands. Criteria for eligibility may be amended and additional Sending and Receiving Lands may be designated in the future. Central Potable Water distribution lines, within the Aura' Transition Water and Sewer District, may extend through Sending Lands; however, no properties designated as Sending Lands are permitted to connect to the distribution lines. *** *** *** *** *** text break *** *** *** *** *** Words underlined are added;words struel-through are deleted. BCC ADOPTION 6 Exhibit "A" As approved by CCPC on 10-30-12 EAR-based GMP Amendments Potable Water Sub-Element—to BCC for Adoption 12-11-12 MAP CHANGES: 1. Figure PW 1.1, Collier County Water District Boundaries [Deleted figure, following Sub-Element text] • This map has the same title as Figure PW-1 and is incorrect. This map, and references to it in Policies, are deleted. 2. Figure PW-2.1, Existing and Future Potable Water Service Areas [Deleted figure, following Sub-Element text] • This map has the same title as Figure PW-2 and is incorrect. This map, and references to it in Policies, are deleted. 3. Table PW-8, Capital Improvement Projects FY 2003-2022 [Deleted figure, following Sub-Element text] • This table is not referenced in any Objective or Policy and is specific to the Collier County Water-Sewer District. For those reasons,this table is deleted. 4. Figure PW-1, Collier County Water District Boundaries [Deleted figure, following Sub-Element text] • This map is referenced in multiple Policies. The references are accurate, but the figure referenced will be the "Existing and Future Potable Water Service Areas" below. This figure is deleted 5. Figure PW-2, Existing and Future Potable Water Service Areas [Revised figure, following Sub-Element text] = This map is referenced in the same Policies as Figure PW-1. This map is re-titled to "PW-1". 6. Figure PW-3,Potable Water Treatment and Transmission Facilities [Deleted figure, following Sub-Element text] • This map is not referenced in any Objective or Policy and is deleted. 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F 1r:\. - is n a SI • j a a a�I© ~ j . nwmtvonrel 1.- , ' ' kb.....,,A ___ ao _ ,:. 1 ...1. , :-..-i.. ,,• :.1 Immo i 1 , Niits.':..::1101 - !'n °? r: to ' :a Trill" _ Nir.F : i © O•a s. ...E.:-::' kg ti LEKNO 1 ilek:1.41".jP°'HArla ' m IIM:I 111116' - *Mt 69 .4.11iirr allo . - _ 216" CD .v.,: 14 limn ,., 4/A1.4 nag lik.1 ,k"V...411011 ram . . .... . . F •-•,..., ,..,,,,,,-r-IN-0 . . , . ._�� - `% r i I J D VL Y - - ! EXISTING AND FUTURE POTABLE I 301.1117Y OORRIRENT WATER SERVICE AREAS 1 i I R 26 F I R 20 E I R 27 E I g FIGURE PW-1 aIMMOKAL • -D.E 0 1-':F I *-4' / se •r^m r N F858 • 'w_� -- m I < o - Z UJ z Ill o < $ z GOLDEN GATEBLVDW 0 ti I o �� —PINERIDGERDEXf i 21.1i � P y 4� GRE BLVD •..° ~ RADIO•RD -75 - --- �' ' DAVI ,..-- ,r k�, 1 �� i - RAT-TLESNAKE• MOC' 'D 1 ' 44 1,4 r s, 1 4.4„,:vs.,. &N 7i ‘,..\. .. . .-- , .t• III US4t N, ..,." , ‘,....,..N. �� Y c Legend r h- .�� �S4j Collier County Water strict Boundaries ,�v + aN r Entity , � i4�„ t�C ; . I/7 J City of Naples � .a1W �` LX A. ?Lq - �t :4156 FGCU Servi• Area ��' y � .+ '8 t h. Ar nNorth Are ' --ii",, 1 ._ (,_ : 471, -North. . Area ,: /,pir� CN j r� ``� Or, ,e Tree ' ' .' . / . `. + �� .. •�* �' y 1 gthArea �_`C7ittt . . Olin `� !9$� 1. St% ';',,,0:41.:.: 1, o t1R I� + - Southeast Area s �� a do!o• ya _ , �.�,` / (W� U 'A v LtQ 5, COLLIER COUNTY WATE �' TRICT BOIL „° '` . or0�• t'A L1Y ifius it 1 FIGURE PW-2.1 IMMOKALEE•R> 111 v. Y '7 1 c4 II A N it lR:. ® A co 1 4 '`` o 4.I. z z Fl o re LL>> 1 F W J GOLDEN GATE'BLVD W tip o t{ —PINERIDGERDEXT + , qp �'�.�/,GRE NB•V: r �.�M • ' �, GOEDEN'GA -.MI MI 0 ' riI/ 8 � II --RADIORD 1 / r A 1-75 ice' ,.. DA BLVD .. . -��I . ,niF; ,+ ,'I,i ) RATTLESNAKE• MGC '0 t' 1 ! Imo ik rt <1 1,,1► `'4 01 Legend ~� 4 �:St' ,r N-us,,Existing and Future Pota. ater Service Areas ` � � ar a" Entity >'+V ',Z� �' r City of Naples !*t\" ! �k j�\* • FGCU Service Area ���� � . .(v I I North Area \� o,�1 >1 . Northeast -.�, op_ . . I•I Orange e i 1V'4✓ 'N O j t t' t. t'. I I Sout ea C.oliti Y _O/Intl/ p� a - �,. 1� �s + e �' I I S. east Area -,� �' �� ���yr •?yt,{aLN�'.,,,,,;v �,Qy ' �1 o d ., -0,1_, . felt-o tip' `, \,,. EXISTING AND FUTURE POT -- >- WATER SE 1 ;.3 ,;t�7_, i0 TAILS PW-a CAPITAL IMPROVEMENT PROJECTS FY 2003-2022 PROJECT DESCRIPTIONS WATER TREATMENT,TRANSMISSION AND DISTRIBUTION OrwNy and Hansen LLP Odobor 2002 Fund/Type Project Name Dann (A) •• • •Water 411(Growth Related)Projects Construct YMsmoms ras sad of Inkiest**d GoodMb-Frank ;Pine Ridge and eel a 411/GD 70040 Interconnect Intersection of Lakewood Bed.And Dads Bard. Project al tor the Intereommion d atyamd County am*syane In fib went of an money. 411/3D 70062 Station Pump Upgrade Upele mew�upgrade L1Mnrsntelon and mbar d • ' ter Storage Fanny an Manatee Road to meit New IMOD RO Mpsndon at 12•MOD errs eaflerbm• . RO mem,storage tenk.12 new 411/GD 70064 SCRWTP• e D R0 Plant and 12MOD Expansion water " and wane,2 deep peon water pqe ernes new SCJ►DA system.OW merits,water blending meter&mown*• • end Mirka!Moms maim.m.RO PYnt wit be ermrndebie b 204,10D. 411/OD 70075 , NERWTP 3 •• ml Waddell Water Supply Welts lad bee.new.R.O.wee Phis.1-Delon and ooMlnsl a sC ostler long brrrskWe Road from CR 961 to Orrmctae. 411/GD 70093 !mawkake Road •• WTM Plum lie to be oo Stuat.d wah the • .. - • project.Phase 2 N deUpn are oorukualbn of a 3a•walermaln from bamdetee Road • proposed NE WTP. 411/GD 70098 Water Master Plan •• , Arrest ubdda of water Meehr • 41110 70097 SCRWTP 12 MOD RO • Design and construction c41' reverse camas ueperubn at SCRWTP 411/GD 70099 Growth Menagsmsrt Plan •• tip**water embalmment d• Marrgarnnl Pion wry IM pea. 411/GD 70140 East Ce l tat WTM Design and constructs*of- Cold Maw tsraredon mein. 411/GD 70150 Vanderbilt Babb Road Perale1 W• Main Delp and trlgn+dbn• psralr Mtertesnlmion mein from Abpa!Road b CR 961 4111iD 70151 CR 981% T I-Dada Blvd 10 Rattle* a�'sarrirrsnsRabn min tong 061 from Owl Oat/Rw d b 411/OD 70152 CR 951 WTe4Rattisena o6 Hammack to 1 Daslgn and-• • • d•Se war wrdmion non along CR 961 from masersb Hammock Reed to U841 411100 70159 US 41 WTM-South from CR961 Delp and•. • of a le viler nib storm US 41 from CR e61 to MrsM Road 411/GD 70154 Land Acquisition for NERWTP(Orange Tree) ;,••■ as are at omree Tae tor db tLWTP and WRe•, 411/GD 70155 Land Acquisition for SERWTP • • adlsoxa prepwly s*o*N to Watts Menefee Road Pumpkin Steeon property for row WTP, 41110D 70156 Vanderbilt Drive Booster PS • and Conbuoson for ideal Dews Boom PS 411/GD 70157 Manatee Road Potable Water ASR Wells • and corseneson d stgsn eke of h AIM motto at the Manatee Read at.. 411/GD 70862 US 41 WM-Manatee to Boyne South •-• • • • or weer main slam U8 41 tom Manatee to Boyne South, 411/30 70888 Lk/MONO)Road Water Main from Pine Ridge Road to • -aar11M along Lke m eon Rood from Pine NM Road to Wind**Beech Rod concurrent Vanderbilt Berth Road • •1s along Lhdlpelon Road from Vonderbi Beech Rod to bxslsl.e Mod comma 70891 Livingston Immokalee-Vanderbilt 411/0D 70882 SCRWTP 20MOD Elparsbn Well Easement: Flare. • • and eemmataeyaealon 411100 00000 Rentals Disinfection Booster Study,• • •aasmralon of remits drbdsction bawler salons. New Water 411 Projects 411100 W5 Vanderbilt Drive Wader Booster Salton 051911 rd•- • war boiler punting aeon. 411/G0 W 13 hERWTP Study,design sect.. • draw 3.0 nand WTP(eeterdl.s to 16 mgt)to melon erdrbm Or.np. Tae plant aid ewe•• new customs to Areas A and B. 411A30 W14 SERWTP body dssg an new n d•• • • • 3 0 mad WTP ewe table to t6 mad)to Rene potent*raw _ custom.In south area and D. 411/3D W17 Rattlesnake Hwnmock B'/12" Upgrade Ouch and=nomad a sr WM• CR 361 to US 41 411/00 W29 New WeMeld Study for' • • •NERWTP E1dlae mono Ralleeras Hrrrnpdt Rd parer MMrd bcalorr •address pRm*tm erne 411/0D W30 New Walheld Study for. ••• •SERWTP a ts*parer Meted*More •• pemeale Muse 411/30 W31 Land Acquisition for -WsMteld Pubtwee p epady for NERWTP wield • •Milk!eudy 411/GD W32 Land Acquisition for = •Wed1INd Purdue.meetly tor 9ERWTP welsrd • • .•waalyd Rudy Extent Water (Renewal and Replacement)Projects 412IR,R8E 70027 Clean water • AM Study EPA nrrtdaled Rudy for Wets and Anima* • aonddrlr ek slave b0ea.rore and dembpme t d*wan to meerrbe Mk of mordent 412/R,RBE 70028 c••• Rd Wader Maki 1 Road 20 WM Wing Rd t o RI M Rd.eseah Rd) road wklrim_prbjset 40134. Y at Piss Naps Rd as pd d w Creek■esto Swim mope for be Water and wawa*• • To beuand tor lotion dall 412/R,R&E 70033 System Mapping imalase. Adedorsy Me maps via be Mud by the PURR= ptrrwm ter wore rq.rub,of our Syedem to keep up ww eneatleted growl. CorMYrrncy f nd for abaalon or mar mace for FOOT palate beeves.US 41 to Las 412/R,RBE 70046 FOOT Joint Pro act Carly Los;Airport Rd to RelerWes Herm k RdPalibruke H • R9.to CR 116;and ray other FOOT kolas requiring rubella& Reim*water make for FOOT 0anealrlrt Pia record d aWiga and • cadepa deteyed 4121R,RD E 7 Rskxtete 20712'Water Main US 41 cor4,adora required additional work by adaora crew•Ad*br*inemetor e •for moon. rare T s portion of h Casty deport that was prwloeiyahnded by FOOT 1111• • • •to cm the Memel ion& Relocate water oars for FOOT construction Poor record*maps and unitise*•• • delayed 412/K' 70048 Relocate 12'Water Main US41 aonlreeler a maenad'Mont work by ddlo nal craws.Additional Inspector Y mind • • caws.TM porton of the County dspoet that wo prwlaue1 rehsndad by FOOT MI be • • •to cover h addlonil work 4 RiE 70063 County Barn Aced Water Main Relocate Rwieenw hammock Rd.b Dar Bea,Relocation el water mans for County eam Rd. • • .• , paint o naney scheduled for FY 2007. 2AR,RiE _ 70057 _ PaoWly Rehab95e ort RrnabR.te imbue component or the NCRWTP.SCRWTP,weaeld end emote more. 1012 it TABLE Pore • P Project Nome oaaoripbn warm rA w v.w.w,awn,TAIr,.r www.e■..w,MY,w.aa tlrr for WI customers.Addlionaly.these an SWAMI Mlle Win h Merb orlon 8ysrn • Be 412/R,-. 70068 Distribution System Rehabilitation now I not mode is due to the Mae Wee mars It these awe.Tee**at we mew deloisnc ea,as we/is reel**a matter d alder moles In the 61Rnm et ham• • Rude tee Wiest Dbetbtrars Warehouse from a nalde1.I nsighbwhood. eta tom 412/R,R&E 70059 Public Utilities Dpsratfons Center a�baited s a weaponry fealyrb hove s nurse of 18 employees. • serf Is now se. goat reldpowd to 10 anpble s wren Its Ire piers. .the warehouse is baatpertle with the arromenp neighborhood.The we house Dembution Pocky, Misr Adminetnelon and Publo Wale 412/R,RIh! 70063 Nola Abawmra Perform a cetee are aortetebtp a noes readres at • b orbs pooardy b h pten alb at various oseraata mods. 412/R,RBE 70066 &Cartes Colborne Gas Conversion Cr+Ad h edam chlorins Bee Seoulas a h Road Tare and Carlos Tanks b Noted 8lesch 412/R,R&E 70066 Golden Gate' Improve ruy of ore WaltMd by stand 6 buofo p b h Mdeunp tT ails red appaMnrbyr • improvement $000 tF of raw wow transte .min.ANa. . • seisms*Mews is Ms IT obey e*In in Ii..ini his as,wereedsbbe • • •atdnpeosd. 412IR,R8E 70067 Golden Gate Blvd Water Main RdocM*104 wwbr moat en GMtin pen • • under proposed pawned. 4121R,R&E 70069 Upgrade NCWTP Power Dletrbutlon New ateafrbM dYbblrre.5 Ned and upgrades b slow lull plant swam hen two*My 412/R,R&E 70071 CCDOT Utility Rebates r 9'�' w'R�o�^w+w1•• °•*+�.�au.. 412/R,R&E 70074 Port Au Prktos Water/Sewer • mint R mow sale raMUbton moot OroNd b replete aOdrtdrd rwlewdw adman snbmiway*4 off dPal su Moe Med. 412/R,RBE 70075 NCRWTP Brackish Sup t Water• CORO and oewleation of en em voter supply wels for the NCRWTP 412/R,R&E 70076 Auto Wier Read InsilihdlOn hi*e.onof maim twig Isa8tlss 4121R,R8E 70078 Spiral Aaatanw*Software Reples aadeted • for lipedis Assraard.. 412/R,R&E 70000 MMNr PS Fled Storage Add osprey tar • NN Romeo at raw mew waster pure Radon 4121R,R&E 70094 NCRWTP Impra amente Design and• • of pewees brpowalMee at to NCRWTP 412/R,RBE 70095 2003 Faolly RehabNaBon empower a h NCRWTP.8012/17,well*and remiss seta .... .. s n.••••., .,W5 s awl wimam,.,w.W a AIM 412IR,R8E 70098 2003 Distribution System for • Adliarel ,ewe an several arms h Dtehbuilon s when adore M ystem Rehabr4gOn not mid&ds in 1w Mae a h mere I arms This ptMa as poet mese - - aswasrehstataleara needolder h the Bylaw Met hews Worm 412/R,R&E 70100 NCRWTP ASR Conversion AIR Cowmen 412/R,R&E 70124 Water Datrbullon TeaRNfy _pogrom to add hernekyseNstrids. 412/R,R&E 70127 tryst Loki FM R1doonon roubq 412/R,R&E 70126 County US1r Ballarat *Me•• , oMy'Wldrds 4121R.R&E 70158 Lower Tanlenl Weis RsptoennM Program Replace cos • yea to bow*s hum nrbBty. 412/R,R1E 70170 Vulnerability AsteesmentStudy Pafonna aseassenent swd rduwearsystn 412/R,R&E 70202 2009 Clay Ot nderde 9006 Uplrs to••• sle der* 412/R,RBE 70300 irnmok.Rd.-U841-175 Relocate DMMpn sd construction ••. .• of aurlrtp wale retch on teertddu road from Ua It b 176 412/R,R&E 70301 VBR.Akport/CR851 RalootlM Malin and oerterudbrt.. .. . Cl sdelrupwater nut an Vsrdrbr easel R ed from Airport Road to CR a1 ecnuhu lbr for •• d adMtp wear wain an CR at from Goldr ran Pawy to 412/R.RBE 70902 CR061-GOP to Nnwk. -• ••- lassokalse Rood. 412/R,R&E 70903 Golden Gate Parkway. •• Rd.to SOS relocate Desi ""d 00"'tn'0t0^ uebeesort• •mode mart on Golden rate Parfrwar from Airport Rd b 412/R,R&E 70306 RetIeenalte • -. -Polly to CR961 relocate ` ' "•^"la""'w"w•w •oomrlttfr,w,nrwww rw_ ..0 mow„ru., fillies.... .. ........wan,,..... ...,.......w.,w,,.w 412/R,RBE 70881 BackFlow/.•• •• Nose.The le aMyerpoem.ashh butt d •b.rto.rga.deart the atrtwyen athe tow h Mktg$ae n software curter*And• Dept of Revenue for water and.u .. . 412Ai,R8E 70882 Wino • sOCamlt Ms arrant soften doss not haw report or perbrrlon ospebase Adaaary.ms sobers I outdated for the lumber d customers est•• • , has and wr COMM bpat 412 Projects 412/R,R&E W8 - -RO Membrane Repacamsnt Repteorsra rewired waxy ea pans. 412/R,R&E WO NCRWTP NenoBM Rspleoement RapNerssrd roosted may sec years. 412/R,R&E W14 SCRWTP Membrane Rtpliament Repteoerwd roared way arc yaws. 412/R,R8E -•4• 1 As needed consulting services es newel srghsMq modem snipes 412/R,RBE ••--2 NCWRTP Saltwater Fwlbrgr study bd*Mrame Robb/dheratpacewdarat ailing and newplards 4121R,R&E 20024 Auto Ranch Road MOBU Auto Mom Road taped 41218,- 2002.4 Asset Mrtalzement Perform ARM Mrweutera Body 41 - E 2002-5 SCRWTP Urns Sotenay New Fouts Reactor ht.wrap and Rneteuton Cl new tarn viii aohrriq moor for raluely 41 RILE W33 NORWTP P0 Membrane Replacement Repteoe smtacpasdveryMeyawn. .RBE W94 SERWTPROMembrane Regis Cettent _ Repeo mentmasted awryateyera 1. 411/13D•GrowAh Driven(Funded by hoped Fee) 2. 412/R,R8E.Renewal,Replacement&Enhancement(Funded by User Fee) 2ar2 s N. I R 20 E I R JN C I R V E 1 FIGURE PW-1 MI OW f 11111 1 r `;t ,< AI 4 ■ w % + 1' 51111 , ," I a �. � \. .-u n b. e % no d M, 1,, I- m y ' Siiia� did II l.. ' I , ' ddoalld10 °a a �►�, ddo/v©di ti _ I ■ ild!' d©S©l alY _ _E ° . LW.V: ► 1.010110�NA S I i°rely \N ` w10,_ lJ gddano ,_ L _ ANN `,�, ' 1 ' MUMEMil rt N x 11111111111111111111 w I��� _ L E � ►. : - ►7ddi..l�Ad % ' - .� fooddd0E1 I �� _. , aadddo x . . � Nirls. ..-4 _,J_L_ , _\ &lie - 1 - I, ' ' __1 :101011111111 .. ddd . . .... . IRV II WPM �NC'i'W' SR •:A •� -T 1 i r -LIMIIIIIIIIM ma.., ---- 'i II 1414 " 6141' '''' ' AbilliZilig — 0 . r!.$4‘40111Whf 10 TWIIIIiii. � 0 g ,w i l� I COLLIER COUNTY WATER DISTRICT BOUNDARIES 0 �• aouRtr aowRRJOJr ENT YM A PUN 61111121.11Y ARID %. a • PWUC utMJ11ER 4103DIT oOTOEER 2002 MAIL RI1RR IUSELDIOIT I R 26 E I R 2! 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Nt. . o— ,,Is a {r 7. ` I �1 Ag9 .� �, .,J"' ' .ice, r'i. lkir.;iiipi1 104,0 1 RMR O1'A \ l a 1 1aw At l a M ,. ,_min, etor Sr."11,"....."r1111.110 mat, _._ ~ I 1 .• , COUNTY GOVERNOR POTABLE WATER TREATMENT AND 1N1A001O17 PLAN TRANSMISSION FACILITIES • " Pll/MR:MR1 mu COT 811101111.1811101111.111/AN MAM•UN MU !711 ms L T O01'01[R 2001 Q I R 26 E I R 26 E I R 27 E I H ORDINANCE NO. 12- AN ORDINANCE AMENDING ORDINANCE NUMBER 89-05, AS AMENDED, THE COLLIER COUNTY GROWTH MANAGEMENT PLAN FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE DRAINAGE SUBELEMENT OF THE PUBLIC FACILITIES ELEMENT TO PROVIDE FOR 2011 EVALUATION AND APPRAISAL REPORT (EAR) BASED AMENDMENTS TO THE GROWTH MANAGEMENT PLAN; 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 hearings to provide for and encourage public participation throughout the 2011-12 plan amendment process; and WHEREAS, Collier County did submit the 2011-12 Growth Management Plan amendments to the Department of Economic Opportunity for preliminary review on May 03, 2012; and WHEREAS, the Department of Economic Opportunity did review and did not make written objections to the amendments to the Growth Management Plan and transmitted the same 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 Economic Opportunity to adopt, adopt with changes or not adopt the proposed amendments to the Growth Management Plan; and WHEREAS, the Collier County Planning Commission held a public hearing on the adoption of the amendments to the Growth Management Plan on October 30, 2012; 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 amendments to the Growth Management Plan on December 11, 2012; 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: Words underlined are added; words struck through are additions; words with 1 *** indicates a page break SECTION ONE: ADOPTION OF AMENDMENTS TO THE DRAINAGE SUBELEMENT OF THE PUBLIC FACILITIES ELEMENT OF THE GROWTH MANAGEMENT PLAN. The Board of County Commissioners hereby adopts the amendments to the Drainage Subelement of the Public Facilities Element attached hereto as Exhibit "A" and incorporated herein by reference. SECTION TWO: SEVERABILITY. If any phrase or portion of this Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion. SECTION THREE: EFFECTIVE DATE. The effective date of these plan amendments, if the amendments are not timely challenged, shall be 31 days after the state land planning agency notifies the local government that the plan amendment package is complete. If timely challenged, these amendments shall become effective on the date the state land planning agency or the Administration Commission enters a final order determining this adopted amendment to be in compliance. No development orders, development permits, or land uses dependent on these amendments 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 state land planning agency. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County this day of December, 2012. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA By: BY: , Deputy Clerk FRED W. COYLE, Chairman Words underlined are added; words struck through are additions; words with 2 *** indicates a page break Approved as to form and legal sufficiency: k Heidi Ashton-Cicko Managing Assistant County Attorney Attachment: Exhibit"A" • 2011 EAR-BASED ADOPTION- DRAINAGE SUBELEMENT OF THE PUBLIC FACILITIES ELEMENT Rev.11/19/12 CP112-CMP-00848177 Words underlined are added;words struck through are additions;words with 3 *** indicates a page break Exhibit°A" As approved by CCPC on 10-30-12 EAR-based GMP Amendments Stormwater Management Sub-Element—to BCC for Adoption 12-11-12 GOALS,OBJECTIVES AND POLICIES [Revised text,page 31 GOAL: [Rephrased to improve format as a"goal",revised text,page 3] COLLIER COUNTY SHALL TO PROVIDE STORMWATER MANAGEMENT FACILITIES AND SERVICES FOR 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 (CAPITAL FACILITY PLANNING FOR DRAINAGE SYSTEMS): [Rephrased to improve format as an"objective",revised text,page 3] The Utilize the Annual Update and Inventory Report on Public Facilities (AUIR) process to update the County Geographic Information System and Channel/Structure Inventory components of the adopted Water Management Master Plan and to verify the existing watershed basin boundaries within Collier County. The County will also verify the design storm capacity of the drainage facilities within each basin, and determine the costs necessary to maintain the facility capacities to selected design storm standards. This information shall be used to program operational funds in the Annual County Budget and to identify necessary capital projects and basin studies in the Annual Capital Improvement Element U update and A amendment. *** *** *** *** *** text break *** *** *** *** *** Policy 1.2: [Revised text,page 3] County drainage system and stormwater management network capital facility planning shall be designed to implement procedures and projects in a manner to ensure that adequate stormwater management facility capacity is available at the time a development permit is issued,or that such capacity will be available when needed to serve the development. Policy 1.3: [Revised text,page 3] The County shall continue to develop public drainage facilities and stormwater management network, which maintain the groundwater table as a source of recharge for the County's potable water aquifers, provide a source of irrigation water for agricultural, horticultural and golf course operations and provide water to native vegetation. *** *** *** *** *** text break *** *** *** *** *** OBJECTIVE 2: Rephrased to improve format as an"objective",revised text,page 4] The-County-shall-Fa Maintain adopted drainage level of service standards for basins and sub- basins identified in the Water Management Master Plan. Maintenance of the drainage level of service (LOS) identified for each basin will be implemented through the watershed management Words underlined are added;words are deleted. BCC ADOPTION 1 Exhibit`A" As approved by CCPC on 10-30-12 EAR-based GMP Amendments Stormwater Management Sub-Element-to BCC for Adoption 12-11-12 planning process identified within Goal 2 of the Conservation and Coastal Management Element of this Growth Management Nan. Poll 2.1: [Revised text,pages 4,5,6] LEVELS OF SERVICE A BASIN LEVEL- OF SERVICE M l en Gate Ga ai Basin $ BQ}.vey-Ganal-Basrin $ 1 75 Canal Basin• $ Ceckserew-ganal-Basick 14 DISTRICT NO.6 SYSTEM G-4-Cartal-Basin Ceeelieteheer-gasia 14 Paial-River-Gemai-Basia 43 C C East-B w Cocohatchee D iver Ba $ Aifpect-Read-Ganal-Nerth-Basia 13. Words underlined are added;words s#as ugh are deleted. "I'411) BCC ADOPTION 2 Exhibit"A" As approved by CCPC on 10-30-12 EAR based GMP Amendments Stormwater Management Sub-Element—to BCC for Adoption 12-11-12 • - • e . • •• LEVELS OF SERVICE ATTAINED BY BASINS BASIN LEVEL OF SERVICE FAKA UNION SYSTEM D MISCELLANEOUS INTERIOR WETLAND SYSTEMS Policy 2.1: The levels of service standards (LOSS) for drainage facilities and stormwater management systems appear in Policy 1.5; subsection"C"in the Capital Improvement Element. *** *** *** *** *** text break *** *** *** *** *** OBJECTIVE 3: [Rephrased to improve format as an"objective",revised text,page 6] Maintain and annually update a five-year schedule of capital improvements for water management facilities in conformance with the annual review process described within the Capital Improvement Element of the Growth Management Plan. *** *** *** *** *** text break *** *** *** *** *** Policy 3.4: [Revised text,page 6] County improvements to,and maintenance of, existing drainage facilities shall be a priority over new construction projects in the urban and estates designated areas usive-e€ Southern Golden Gate Estates is no longer open to development, so no facilities have priority there4. Words underlined are added;words strask- ugh are deleted. BCC ADOPTION 3 Exhibit°A" As approved by CCPC on 10-30-12 EAR-based GMP Amendments Stormwater Management Sub-Element—to BCC for Adoption 12-11-12 OBJECTIVE 4: [Rephrased to improve format as an"objective",revised text,pages 6, 7] The Count y cha? 1 Develop and maintain policies and programs to correct existing deficiencies and to provide for future facility needs in accordance with the annual work program referenced in the adopted Water Management Master Plan. Policy 4.1: [Revised text,page 7] _ :'- - - : . •-, -- - - • - County capital stormwater management projects shall be undertaken in accordance with the schedule provided in the Capital Improvement Element of this Plan. These projects shall be undertaken in coordination with the Big Cypress Basin Strategic Plan. Policy 4.2: [Revised text,page 7] Collier County shall correct existing deficiencies and provide for future water management facility needs through the formulation and implementation of an annual work programs. In order to implement the annual work program,the County shall encourage the use of innovative funding mechanisms including,but not limited to special taxing or assessment districts. Policy 4.3: [Revised text,page 7] The County shall develop and maintain a stormwater management public awareness program, which will include, but not necessarily be limited to, a Collier County Stormwater Management website. The primary purpose of this program shall be to provide information regarding the County's stormwater management programs to the general public including, but not limited to, the environmental enhancements that will result from the use of total water management concepts within the existing drainage and stormwater management network. OBJECTIVE 5: [Rephrased to improve format as an"objective",revised text,page 7] The Count_, shall continue t,. -Regulate land use and development in a manner that protects the functions of natural drainage features, the stormwater management network and natural groundwater aquifer recharge areas. Implementation of this Objective will be consistent with the Watershed Management Planning process identified within Goal 2 of the Conservation and Coastal Management Element of the Growth Management Plan, and with relevant provisions contained within the adopted Land Development Code (Ordinance Number 2004-41, as amended). *** *** *** *** *** text break *** *** *** *** *** Policy 5.2: [Revised text,page 7] Based upon the periodic review described in Policy 5.1,the County shall develop any appropriate new ordinances and regulations that are necessary to ensure protection of the functions of natural Words underlined are added;words sough are deleted. '4111) BCC ADOPTION 4 Exhibit"A" As approved by CCPC on 10-30-12 EAR-based GMP Amendments Stormwater Management Sub-Element—to BCC for Adoption 12-11-12 drainage features,the stormwater management network and natural groundwater aquifer recharge areas. OBJECTIVE 6: [Rephrased to improve format as an"objective",revised text,page 7] The Cou ty shel p Protect the functions of natural drainage features through the application of standards that address the quality and quantity of discharge from stormwater management systems. Implementation of this Objective will be consistent with the watershed management planning process identified within Goal 2 and Objective 2.1 of the Conservation and Coastal Management Element of the Growth Management Plan. This objective is made measurable through the following policies: *** *** *** *** *** text break *** *** *** *** *** Policy 6.2: [Revised text,page 8] [Revised further per SFWMD and DEO Comments] Collier County's retention and detention dents criteria shall be the e-as one hundred and fifty percent (150%) of these the water quality volumetric requirements provided in Section 5.2.1(a) of the Basis of Review for Environmental Resource Permit Applications Within the South Florida Water Management District, (20121, or its successor., Monagement-DistPietlsr13esis-ef-Review;as it existed at the time of project approval. Policy 6.3: [Revised text,pages 8, 9] [Revised further per SFWMD and DEO Comments] Allowable off-site discharge rates shall be computed using a storm event of 3 day duration and 25 year return frequency. The allowable off-site discharge rates are as follows: a. Airport Road North Sub-Basin 0.04 cfs/acre (North of Vanderbilt Beach Road) b. Airport Road South Sub-basin 0.06 cfs/acre (South of Vanderbilt Beach Road) c. Cocohatchee Canal Basin 0.04 cfs/acre d. Lely Canal Basin 0.06 cfs/acre e. Harvey Basin 0.055 cfs/acre f. Wiggins Pass Basin 0.13 cfs/acre g. All other areas 0.15 cfs/acre The County may exempt projects from these allowable oil site discharge rates if any of the following applies: r10B 400.315,FAC. Words underlined are added;words struck eugh are deleted, BCC ADOPTION 5 Exhibit"A" As approved by CCPC on 10-30-12 EAR-based GMP Amendments Stommwater Management Sub-Element—to BCC for Adoption 12-11-12 2 1. The project is part of an existing SFWMD permit,which allows discharge rates different than those listed above. 3 2. It can be documented that the project currently discharges off site at a rate higher than those listed above. The documentation required for this purpose shall be prepared by a registered professional engineer, and will consist of an engineering study which utilizes the applicable criteria in the "SFWMD Basis of Review for Environmental Resource Permit Applications". The study shall be subject to review and approval by the County and SFWMD staff. The study shall include the following site-specific information: a. Topography b. Soil types and soil storage volume c. Vegetation types d. Antecedent conditions e. Design rainfall hydrograph f. Depression storage capacity g. Receiving water hydrograph,and , h. Other relevant,appropriate and professionally accepted hydrologic and hydraulic data. Using the above information, a hydrologic and hydraulic model shall be developed which demonstrates the higher off-site discharge rate. GAMES Planning Servioes1Comprehensivet2011 EAR-BASED GMP AMENDMENTS'BCC Adoption-EAR-based GMPAslelementstStonnwater_BCC adapts -CSIC-11b EAR Stormwater Exhibit A to BCC for Adoption.docx Words underlined are added;words a #hcough are deleted, BCC ADOPTION 6 • ORDINANCE NO. 12- AN ORDINANCE AMENDING ORDINANCE NUMBER 89-05, AS AMENDED, THE COLLIER COUNTY GROWTH MANAGEMENT PLAN FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE SOLID WASTE SUBELEMENT OF THE PUBLIC FACILITIES ELEMENT TO PROVIDE FOR 2011 EVALUATION AND APPRAISAL REPORT (EAR) BASED AMENDMENTS TO THE GROWTH MANAGEMENT PLAN; 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 hearings to provide for and encourage public participation throughout the 2011-12 plan amendment process; and WHEREAS, Collier County did submit the 2011-12 Growth Management Plan amendments to the Department of Economic Opportunity for preliminary review on May 03, 2012; and WHEREAS, the Department of Economic Opportunity did review and did not make written objections to the amendments to the Growth Management Plan and transmitted the same 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 Economic Opportunity to adopt, adopt with changes or not adopt the proposed amendments to the Growth Management Plan; and WHEREAS, the Collier County Planning Commission held a public hearing on the adoption of the amendments to the Growth Management Plan on October 30, 2012; 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 amendments to the Growth Management Plan on December 11, 2012; 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: Words underlined are added; words struck through are additions; words with 1 *** indicates a page break SECTION ONE: ADOPTION OF AMENDMENTS TO THE SOLID WASTE SUBELEMENT OF THE PUBLIC FACILITIES ELEMENT OF THE GROWTH MANAGEMENT PLAN. The Board of County Commissioners hereby adopts the amendments to the Solid Waste Subelement of the Public Facilities Element attached hereto as Exhibit "A" and incorporated herein by reference. SECTION TWO: SEVERABILITY. If any phrase or portion of this Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion. SECTION THREE: EFFECTIVE DATE. The effective date of these plan amendments, if the amendments are not timely challenged, shall be 31 days after the state land planning agency notifies the local government that the plan amendment package is complete. If timely challenged, these amendments shall become effective on the date the state land planning agency or the Administration Commission enters a final order determining this adopted amendment to be in compliance. No development orders, development permits, or land uses dependent on these amendments 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 state land planning agency. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County this day of December, 2012. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA By: BY: , Deputy Clerk FRED W. COYLE, Chairman Words underlined are added; words struck through are additions; words with 2 *** indicates a page break Approved as to form and legal sufficiency: Gxt'�', Heidi Ashton-Cicko Managing Assistant County Attorney Attachment: Exhibit"A" 2011 EAR-BASED ADOPTOIN-SOLED WASTE SUBELEMENT OF THE PUBLIC FACILITIES ELEMENT Rev.9/24/12 CP\12-CMP-00848128 Words underlined are added; words struck through are additions;words with 3 *** indicates a page break Exhibit"A" As approved by CCPC on 10-30-12 EAR-based GMP Amendments Solid Waste Disposal Sub-Element—to BCC for Adoption 12-11-12 GOALS OBJECTIVES AND POLICIES [Revised text,page 2] SOLID WASTE SUB ELEMENT GOAL: [Rephrased to improve format as a"goal",revised text,page 2] TO PROVIDE AN EFFICIENT AND ECONOMICAL BALANCE OF PUBLIC AND PRIVATE SERVICES THAT WILL ENABLE THE PEOPLE OF COLLIER COUNTY TO MEET THE ESTABLISHED REQUIREMENTS FOR SOLID WASTE DISPOSAL AND MANAGEMENT IN A MANNER TO THAT ASSURES PUBLIC HEALTH AND SAFETY AND TA PROTECTS THE ENVIRONMENTAL RESOURCES OF COLLIER COUNTY. IN ALL ASPECTS OF SOLID WASTE MANAGEMENT. TO ADHERE TO THE FOLLOWING ENDURING GUIDING PRINCIPLES APPROVED BY THE COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AT THE INTEGRATED SOLID WASTE MANAGEMENT STRATEGY WORKSHOP OF DECEMBER 2006: • ENVIRONMENTAL AND GROWTH MANAGEMENT COMPLIANCE — ENVIRONMENTAL COMPLIANCE MEANS MANAGING THE IMPACTS TO THE AIR, SOIL, WATER,AND WILDLIFE AS WELL AS "QUALITY OF LIFE" IMPACTS TO THE COMMUNITY SUCH AS AESTHETICS. ODOR. NOISE, AND TRAFFIC AND GROWTH MANAGEMENT COMPLIANCE MEANS SATISFYING THE GROWTH MANAGEMENT REQUIREMENTS REPORTED IN THE ANNUAL UPDATE AND INVENTORY REPORT FOR BOTH LINED AND PERMITTED DISPOSAL CAPACITY; • AIRSPACE PRESERVATION - AIRSPACE PRESERVATION MEANS MANAGING SOLID WASTE UPSTREAM FROM DISPOSAL AS A MEANS TO EXTEND THE REMAINING AIRSPACE (DISPOSAL) CAPACITY AT THE COLLIER COUNTY LANDFILL; • OPERATIONAL EXCELLENCE - OPERATIONAL EXCELLENCE MEANS OPTIMIZING THE OPERATIONS OF OUR ASSETS SUCH AS THE COLLIER COUNTY LANDFILL AND OUR RECYCLING CENTERS AS WELL AS THE PROGRAMS ADMINISTERED BY THE PUBLIC UTILITIES DIVISION;AND • BEST VALUE SERVICE - BEST VALUE SERVICE MEANS THAT THE SERVICES OFFERED IN THE COUNTY REFLECT LOCAL AND REGIONAL CONDITIONS AND THAT THE VALUE OF SERVICE IS APPROPRIATELY BALANCED WITH THE COST OF SERVICE. A COMPONENT OF BEST VALUE SERVICE IS THAT THERE IS A DIRECT CORRELATION BETWEEN THOSE THAT RECEIVE THE BENEFITS AND THOSE THAT PAY FOR THE SERVICES. OBJECTIVE 1 (COLLECTION): [Rephrased to improve format as an"objective",revised text,page 2] _. - --- - - - -- Maintain a safe, dependable and efficient solid waste collection system. Words underlined are added;words struck-through are deleted. BCC ADOPTION 1 Exhibit"A" As approved by CCPC on 10-30-12 EAR-based GMP Amendments Solid Waste Disposal Sub-Element—to BCC for Adoption 12-11-12 Present facilities meeting the current Level of Service include two (2) franchise collection areas and three five Recycling Centers,as follows: a. Unincorporated County service area; b. Immokalee service area; and c. Three(3)Five(5)Recycling Centers; 1. Naples Recycling Center 2. Marco Recycling Center 3. Carnestown Recycling Center 4. Immokalee Recycling Center 5. North Collier Recycling Center Policy 1.1: [Revised text,page 2] The County shall continue to maintain and regulate commercial, multi-family and tax-bill based residential collection costs to ensure efficient and dependable service affordable to all users. The primary components of a solid waste collection assessment are: L Franchisee Contract 2. Tipping Fees 1 Administrative and Capital Program Costs *** *** *** *** *** text break *** *** *** *** *** Policy 1.4: [Revised text,page 2] The County shall ensure public awareness and participation in solid waste recycling,reuse,waste reduction,household hazardous waste collection and disposal. OBJECTIVE 2 (DISPOSAL): [Rephrased to improve format as an"objective",revised text,page 2] Utilize safe and efficient methods for environmentally sound disposal of solid waste in accordance with local, State and Federal regulations and shall-eentieue to investigate improved methods and implement practices that meet this eObjective. *** *** *** *** *** text break *** *** *** *** *** Policy 2.4: [Revised text,page 3] mat yea,._20 1 n, t The County shall pursue the acquisition of land inventory required for future solid waste operations, based upon selection of, including but not limited to,one or more of the following options in order of priority: Words underlined are added;words struck-through are deleted, BCC ADOPTION 2 Exhibit"A" As approved by CCPC on 10-30-12 EAR-based GMP Amendments Solid Waste Disposal Sub-Element—to BCC for Adoption 12-11-12 1. Develop the means to partially or completely divert solid waste from the landfill (additional recycling or alternative forms of disposal). 2. Increase the permissible elevation of the Naples Collier County Landfill so as to gain additional airspace capacity. 3. Explore emerging conversion technologies that would allow for continued solid waste disposal operations within Collier County. 4. Secure and utilize additional capacity at a landfill or landfills. Policy 2.5: [Revised text,page 3] activity: 2.5.a. ...- The standards for levels of service (LOS) of County solid waste disposal facilities appear in Policy 1.5: subsection"F"in the Capital Improvement Element and shall be used as the basis for determining the availability of facility capacity and the demand generated by a development. *** *** *** *** *** text break *** *** *** *** *** Policy 2.8: [Revised text,page 4] The Collier County Solid Waste Management Department shall continue to operate and maintain a hazardous waste collection facility facilities. The facility --.:. -. - -. -. - .= :- a will accept household hazardous wastes. Additionally,the Department shall continue to hold special events, such as its hazardous waste collection day, targeting residential households but-aloe and allowing small businesses to participate to insure consumer demand is met. *** *** *** *** *** text break *** *** *** *** *** Policy 2.9: (prey. 2.14) [Introduced new text provision,page 4] The County shall maintain an effective emergency storm debris cleanup plan, and identify and establish temporary debris storage and reduction sites. Words underlined are added;words std throes are deleted. BCC ADOPTION 3 Exhibit"A" As approved by CCPC on 10-30-12 EAR-based GMP Amendments Solid Waste Disposal Sub-Element—to BCC for Adoption 12-11-12 Policy 2.10: (prey.2.18) [Introduced new text provision,page 4] The County shall pursue State and Federal grants for, and participate in, feasibility projects for the investigation and development of improved techniques for waste collection, recycling,, transfer and solid waste management consistent with the Enduring Guiding Principles. Policy 2.11: (prey.2.24) [Introduced new text provision,page 4] The County shall evaluate options to beneficially recycle plastic agricultural film. Policy 2.12: (prey. 2.25) [Introduced new text provision,page 4] The County shall assess the feasibility of expanding the Immokalee Transfer Station, or developing a new facility to serve the Immokalee area, to become a full service recycling and reuse center equipped with such options as household hazardous waste processing, paint reuse, vegetative and yard waste drop-off, processing and composting. white goods drop-off, e-waste drop-off,furniture and construction&demolition debris(C&D),resale store, etc Policy 2.13: (prey. 2.28) [Introduced new text provision,page 4] The County will work with local institutions, schools, government buildings. or churches, to initiate programs for solid waste reduction,reuse,and recycling for their communities. Policy 2.14: (prey.2.30) [Introduced new text provision,page 4] The County will encourage the construction of Green Buildings (or Sustainable Buildings). Relative to solid waste management,this includes: • Recycled Content: Products with identifiable recycled content, including postindustrial content with a preference for post consumer content. • Salvaged, refurbished, or remanufactured: Includes saving a material from disposal and renovating, repairing, restoring, or generally improving the appearance, performance, quality,functionality,or value of a product., • Reusable or recyclable: Select materials that can be easily dismantled and reused or recycled at the end of their useful life. • Recycled or recyclable product packaging: Products enclosed in recycled content or recyclable packaging. • Durable: Materials that are longer lasting or are comparable to conventional products with long life expectancies. OBJECTIVE 3 (RECYCLE AND RECOVERI3: [Rephrased to improve format as an"objective",revised text,page 4] - . . - - . ... _ e - , .: •• Maintain and update the Integrated Solid Waste Master Management Strategic Plan as directed by the Board of County Commissioners. Words underlined are added;words stuck hreugll are deleted. BCC ADOPTION 4 Exhibit"A" As approved by CCPC on 10-30-12 EAR-based GMP Amendments Solid Waste Disposal Sub-Element—to BCC for Adoption 12-11-12 Policy 3.1: [Revised text,page 4] The Collier County Solid Waste Management Department shall continue to maintain and improve programs to reduce the amount of solid waste that requires disposal at County landfills by: a. Maintaining and enhancing the current countywide residential recycling programs. b. Maintaining and enhancing the current eCounty-wide multi-family residential recycling program. c. Maintaining and enhancing the eCounty-wide commercial business recycling programs. d. Maintaining and enhancing the curb-side separation of material into recyclable categories to be received at the material recovery facilities. e. Continuing to explore additional measures for waste reduction. Policy 3.2: [Revised text,page 4] The County shall continue investigation and implementation of cost-saving measures for County disposal operations. The County shall evaluate other measures, including landfill mining, as new technologies and practices emerge. -.. - .. - _. __ . , :. • ,- . . . . *** *** *** *** *** text break *** *** *** *** *** Policy 3.4: [Revised text,page 5] The County will encourage Florida-Friendly Landscaping' to reduce the generation of yard waste, reduce water consumption. and improve water quality. Section 373.185, F.S., defines Florida-Friendly LandscapingTM as using quality landscapes that conserve water, protect the environment,adapt to local conditions and tolerate drought. Policy 3.5: [Introduced new text provision,page 5] The County shall develop and implement innovative programs to reduce, re-use and recycle solid waste to meet the 2020 Florida Department of Environmental Protection (FDEP) seventy-five percent(75%) Recycling Rate pursuant to Chapter 403.7032.F.S. GICDES Planning Services\Comprehensivet2011 EAR-BASED GMP A■ENDMENTSIBCC Adoption-EAR-based GMPAslelements\Solid Waste_BCC adoptn -CS111-1 SorxtWaste Exhibit A EAR to BCC for Adoption.docx CS Words underlined are added;words strrough are deleted. BCC ADOPTION 5 ORDINANCE NO. 12- AN ORDINANCE AMENDING ORDINANCE NUMBER 89-05, AS AMENDED, THE COLLIER COUNTY GROWTH MANAGEMENT PLAN FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE NATURAL GROUNDWATER AQUIFER RECHARGE SUBELEMENT OF THE PUBLIC FACILITIES ELEMENT TO PROVIDE FOR 2011 EVALUATION AND APPRAISAL REPORT (EAR) BASED AMENDMENTS TO THE GROWTH MANAGEMENT PLAN; 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 hearings to provide for and encourage public participation throughout the 2011-12 plan amendment process; and WHEREAS, Collier County did submit the 2011-12 Growth Management Plan amendments to the Department of Economic Opportunity for preliminary review on May 03, 2012; and WHEREAS, the Department of Economic Opportunity did review and did not make written objections to the amendments to the Growth Management Plan and transmitted the same 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 Economic Opportunity to adopt, adopt with changes or not adopt the proposed amendments to the Growth Management Plan; and WHEREAS, the Collier County Planning Commission held a public hearing on the adoption of the amendments to the Growth Management Plan on October 30, 2012; 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 amendments to the Growth Management Plan on December 11, 2012; 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: Words underlined are added; words struck through are additions; words with *** indicates a page break SECTION ONE: ADOPTION OF AMENDMENTS TO THE NATURAL GROUNDWATER AQUIFER RECHARGE SUBELEMENT OF THE PUBLIC FACILITIES ELEMENT OF THE GROWTH MANAGEMENT PLAN. The Board of County Commissioners hereby adopts the amendments to the Natural Groundwater Aquifer Recharge Subelement of the Public Facilities Element attached hereto as Exhibit "A" and incorporated herein by reference. SECTION TWO: SEVERABILITY. If any phrase or portion of this Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion. SECTION THREE: EFFECTIVE DATE. The effective date of these plan amendments, if the amendments are not timely challenged, shall be 31 days after the state land planning agency notifies the local government that the plan amendment package is complete. If timely challenged, these amendments shall become effective on the date the state land planning agency or the Administration Commission enters a final order determining this adopted amendment to be in compliance. No development orders, development permits, or land uses dependent on these amendments 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 state land planning agency. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County this day of December, 2012. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA By: BY: , Deputy Clerk FRED W. COYLE, Chairman Words underlined are added; words struck through are additions; words with *** indicates a page break Approved as to form and legal sufficiency: r�{` `tv Heidi Ashton-Cicko Managing Assistant County Attorney Attachment: Exhibit"A" 2011 EAR-BASED ADOPTION-NATURAL GROUDNWATER AQUIFER RECHARGE SUBELEMENT OF THE PUBLIC FACILITIES Rev.9/24/12 CP\12-CMP-00848'29 Words underlined are added;words struck through are additions;words with *** indicates a page break Exhibit"A" As approved by CCPC on 10-30-12 EAR-based GMP Amendments Natural Groundwater Aquifer Recharge Sub-Element—to BCC for Adoption 12-11-12 GOALS,OBJECTIVES AND POLICIES [Revised text,page 11 GOAL: [Rephrased to improve format as a"goal",revised text,page 1] THE COUNTY SHALL TO IDENTIFY AND PROTECT NATURAL GROUNDWATER AQUIFER RECHARGE AREAS FROM ACTIVITIES THAT COULD DEGRADE AND/OR CONTAMINATE THE QUALITY OF GROUNDWATER. OBJECTIVE 1 (MAPPING AND DELINEATION OF RECHARGE AREAS): [Rephrased to improve format as an"objective",revised text,page 1] Review every two three years, and revise as necessary, existing map delineations of County potable water wellfields that are most sensitive to contamination from nearby land development and other surface activities. The biennial three-year review and any subsequent map revisions will be based on geologic,hydrogeologic,hydrologic, and updated anthropogenic contaminant data aggregated since the previous revision. Policy 1.1: [Revised text,page 1] The County shall revise and update its 3-dimensional computer models of ground- -water groundwater flow around public water supply wellfields, as additional data (e.g., withdrawal rates, numbers and locations of wells within wellfields, and hydrogeologic information) become available. Policy 1.3: [Revised text,page 1] The County shall maintain and update data on existing land uses and land use activities that possess the greatest potential for greund--water groundwater contamination. *** *** *** *** *** text break *** *** *** *** *** Policy 1.5: [Revised text,page 1] This Sub-Element shall incorporate by reference annual recharge amounts for the Surficial and Lower Tamiami aquifers and deeper aquifers such as the Sandstone and Hawthorne Aquifers, as described in the South Florida Water Management District's , !•. -- : . __ . . : ' - -_ •- !!: Lower West Coast Water Supply Plan, as amended. OBJECTIVE 2: (PROTECTION OF GROUNDWATER QUALITY) [Rephrased to improve format as an"objective",revised text,page 1] . .. : : - ....• .. . = Protect groundwater from pollutant discharges that may cause exceedance of applicable Federal and State water quality standards. Policy 2.0.1: The County shall protect natural aquifer recharge areas to ensure the highest water quality practical toward meeting applicable Federal and State water quality standards for groundwater. *** *** *** *** *** text break *** *** *** *** *** Words underlined are added;words struck through are deleted. BCC ADOPTION 1 Exhibit"A" • As approved by CCPC on 10-30-12 EAR-based GMP Amendments Natural Groundwater Aquifer Recharge Sub-Element—to BCC for Adoption 12-11.12 Policy 2.2: [Revised text,page 2] Non-agricultural developments requiring an Environmental Resources Permit from the South Florida Water Management District (SFWMD) shall preserve groundwater recharge characteristics as required by the SFWMD and as set forth in the SFWMD's , date 04 Environmental Resource Permit Information Manual, Volume IV. 2009. Gad- water Groundwater recharge shall also be protected through the application of the retention/detention requirements and allowable off-site discharge rates for non-agricultural developments specified in Policies 6.2 and 6.3 in the Dfainage Stormwater Management Sub- Element. Policy 23: [Revised text,page 2] The County standards for protecting the quality of groundwater recharge within the wellhead protection areas identified in the Future Land Use Element (FLUE) shall be those provided in Policy 3.1.1 of the Conservation and Coastal Management Element. Policy 2.4: [Revised text,page 2] [Revised further per SFWMD Comments] Collier County will evaluate the development of Low Impact Design Standards as recommended by the Watershed Management Plan accepted by the Board of County Commissioners on December 13,2011. OBJECTIVE 3 (GROUNDWATER QUALITY MONITORING): [Rephrased to improve format as an"objective",revised text,page 2] Collect and evaluate groundwater quality data, identifying ambient water quality values and trends, comparing analyzed concentrations to Florida Ground Water Guidance Concentrations, and providing information to water resources planning and management entities,and to the general public. Policy 3.1: [Revised text,page 2] The County shall continue its existing water quality monitoring program to provide base-line data, evaluate long-term trends, identify water quality problems, and evaluate the effectiveness of the County's ground water groundwater protection program. *** *** *** *** *** text break *** *** *** *** *** Words underlined are added;words stwsk row are deleted. BCC ADOPTION 2 Exhibit"A' As approved by CCPC on 10-30-12 EAR-based GMP Amendments Natural Groundwater Aquifer Recharge Sub-Element-to BCC for Adoption 12.11-12 Revised text,page 2 Policy 3.4: [Revised 2] The County shall continually gather and evaluate appropriate relevant, appropriate and professionally accepted data for the purpose of refining and improving the groundwater quality monitoring database used in the County's 3-dimensional groundwater groundwater model. Policy 3.5: [Revised text,page 3] Collier County shall continue to conduct water resource planning with appropriate County, City of Naples, and South Florida Water Management District staff to provide for group groundwater resource development,utilization,and conservation. OBJECTIVE: 4 (PUBLIC. EDUCATION WITH REGARD TO GROUNDWATER PROTECTION ISSUES) [Rephrased to improve format as an"objective", revised text,page 3] • , . . - - .._ : . - Provide the public with educational materials concerning ground- ater groundwater protection issues in Collier County. These may materials include, but shall—net—be are not limited to, the preparation of annual technical publications of groundwater groundwater quality data, an informational website for groundwater quality issues, general information publications, establishment of a speakers' bureau, K-l2 classroom presentations,and in-service teacher workshops and seminars. Policy 4.1: [Revised text,page 3] The County shall continue to advise the public on the appropriate disposal methods for hazardous wastes, for the purpose of reducing or avoiding the potential for groundwater contamination. In performing this task,the County may utilize the public educational measures listed within Objective 4 of this Sub-Element, or any other measures which may be appropriate. *** *** *** *** *** text break *** *** *** *** *** OBJECTIVE 5: (PROTECTION OF CRITICAL RECHARGE AREAS AND GROUNDWATER RESOURCES): [Rephrased to improve format as an"objective",revised text,page 3] Continue implementing plans to preserve critical ground--water groundwater recharge areas and grounder groundwater resources, and-will along with reviewing, evaluatein , and revisein (if warranted) those plans and actions, based on the best available geologic,hydrologic,hydrogeologic,and anthropogenic contaminant data. Policy 5.1: [Revised text,page 3] The County shall develop, and continually update, technical criteria for determining those recharge areas,which are critical to the County's long-term groundwater groundwater needs. Policy 5.2: [Revised text,page 3] The County shall continue to identify critical recharge areas and appropriate protective mechanisms. Words underlined are added;words struck-thceugh are deleted. BCC ADOPTION 3 Exhibit"A" As approved by CCPC on 10-30-12 EAR-based GMP Amendments Natural Groundwater Aquifer Recharge Sub-Element—to BCC for Adoption 12-11-12 Policy 5.3: [Revised text,page 3] The County shall continue to identify costs, funding mechanisms and private property rights issues associated with the protection of comical recharge areas. *** *** *** *** *** text break *** *** *** *** *** Policy 5.5: [Revised text,page 4] Collier County shall continue to operate and maintain a hazardous waste collection facility. The facility - -• • - - • _. : will accept household and small business hazardous wastes. Additionally, the County shall continue to hold special events, such as its hazardous waste collection day, targeting residential households but-alse and allowing small businesses to participate to insure consumer demand is met. *** *** *** *** *** page break *** *** *** *** *** MAP CHANGES: 1. Map 1, Groundwater Recharge to the Surficial Aquifer • This map is to be deleted. 2. Map 2, Groundwater Recharge to the Lower Tamiami Aquifer '1„ ! • This map is to be deleted. G:ICDES Planning ServiceslComprehensivel2011 EAR-BASED GNP AMENDMENTSIBCC Adoption-EAR-based GMPAslelementsiNGWAR_BCC adopts- CS111-1 NGWAR Exhibit A EAR to BCC for Adoption.dooc CS Words underlined are added;words strusk-thraugh are deleted. 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' , illogoivia„,4111 „..,* / — ® V ear& "IIIni J� , , _ :,,,,It"'�r .e B E1M11111p11lO "I.�Ie�IINI�III�'I{' Vi". n11 ! 1 't�tllltl[1111WlIq�iilti(1 1 �'.dIIIIIIIIIIJIIIIIIIIIIIII��) IIIIIUIilllnll�►IIIIIlIiII111' OIPU'ununu lggl `Og11m i! l ggm: llwuuuaq ►iuu , i--- L_ „,,,.."f -..i f,,,.,,Haik i tf 7"/-7---=- ipwivw O- +-. /AI"�/ i A 0) 92_ - '_,./'/- ' II ill ..., crikir' al *- 47/t /'-s.- ' 1 N • LO — ! 0 ORDINANCE NO. 12- AN ORDINANCE AMENDING ORDINANCE NUMBER 89-05, AS AMENDED, THE COLLIER COUNTY GROWTH MANAGEMENT PLAN FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE HOUSING ELEMENT TO PROVIDE FOR 2011 EVALUATION AND APPRAISAL REPORT (EAR) BASED AMENDMENTS TO THE GROWTH MANAGEMENT PLAN; 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 hearings to provide for and encourage public participation throughout the 2011-12 plan amendment process; and WHEREAS, Collier County did submit the 2011-12 Growth Management Plan amendments to the Department of Economic Opportunity for preliminary review on May 03, 2012; and WHEREAS. the Department of Economic Opportunity did review and did not make written objections to the amendments to the Growth Management Plan and transmitted the same 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 Economic Opportunity to adopt, adopt with changes or not adopt the proposed amendments to the Growth Management Plan; and WHEREAS, the Collier County Planning Commission held a public hearing on the adoption of the amendments to the Growth Management Plan on October 30, 2012; 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 amendments to the Growth Management Plan on December 11. 2012; 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: Words underlined are added; words struck through are additions; words with 1 *** indicates a page break SECTION ONE: ADOPTION OF AMENDMENTS TO THE HOUSING ELEMENT OF THE GROWTH MANAGEMENT PLAN. The Board of County Commissioners hereby adopts the amendments to the Housing Element attached hereto as Exhibit "A" and incorporated herein by reference. SECTION TWO: SEVERABILITY. If any phrase or portion of this Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion. SECTION THREE: EFFECTIVE DATE. The effective date of these plan amendments, if the amendments are not timely challenged, shall be 31 days after the state land planning agency notifies the local government that the plan amendment package is complete. If timely challenged, these amendments shall become effective on the date the state land planning agency or the Administration Commission enters a final order determining this adopted amendment to be in compliance. No development orders, development permits, or land uses dependent on these amendments may be issued or Atow 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 state land planning agency. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County this day of December, 2012. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA By: BY: , Deputy Clerk FRED W. COYLE, Chairman Words underlined are added; words struck through are additions; words with 2 *** indicates a page break Approved as to form and legal sufficiency: Heidi Ashton-Cicko Managing Assistant County Attorney Attachment: Exhibit"A" 2011 EAR-BASED ADOPTION-HOUSING ELEMENT Rev.9124/12 CP\I 2-CMP-008 38\30 Words underlined are added;words struck through are additions;words with 3 *** indicates a page break Exhibit"A" As approved by CCPC on 10-30-12 EAR-based GMP amendments Housing Element—to BCC for Adoption 12-11-12 GOAL 1: [Goal provided for contextual purposes only;no change proposed,page 3] TO CREATE AN ADEQUATE SUPPLY OF DECENT, SAFE, SANITARY, AND AFFORDABLE HOUSING FOR ALL RESIDENTS OF COLLIER COUNTY. OBJECTIVE 1: [Revised text,page 3] The-number-of Provide new affordable-workforce housing units = III in order an-effort to continue meeting the current and future housing needs of legal residents with very-low, low, and moderate and affordable workforce incomes, including households with special needs such as rural and farmworker housing in rural Collier County. JOINT CITY OF NAPLES/COUNTY POLICIES Policy 1.1: [New Policy,page 3] By January 14, 2014. the Department of Housing, Human and Veteran Services shall establish a method of Indexing the demand for very-low,low,moderate and affordable workforce housing. Policy 1.2: [New Policy,page 3] By January 14, 2014, the Department of Housing, Human and Veteran Services shall establish a method of Indexing the availability and costs of very-low, low, moderate and affordable workforce housing. Policy 13: [New Policy,page 3] By January 14, 2014,the Department of Housing, Human and Veteran Services shall develop methods to predict future need,based on the Indexes established in Policies 1.1 and 1.2 above. Policy 1.4: [New Policy,page 3] By January 14, 2015, the Department of Housing, Human and Veteran Services shall establish necessary strategies,methods and tools to support this Objective. Policy 1.5: [New Policy,page 3] On an annual basis,beginning in June 2014, the Department of Housing.Human and Veteran Services shall provide a report to the Board of County Commissioners on the status of affordable housing in each Commission District within the County. Policy 1.4 6: [Renumbered and revised text,page 3] Gelber The County shall pursue maintain an interlocal agreements with the City of Naples,+'-fof =, .. . _ .: - - that requires than-each the °City to provide their proportionate share of affordable-work€erce housing units(or provide the financial equivalent to the County). (gash city's The City's proportionate share and financial equivalent will be evaluated and substantiated by the most current data, studies,and methods available to the County.] Policy 1.7: [New Policy,page 3] The interlocal agreement referenced within Policy 1.1 shall be re-evaluated every three years. Words underlined are added;words stFusk-threugh are deleted. BCC ADOPTION 1 Exhibit"A" As approved by CCPC on 10-30-12 EAR-based GMP amendments Housing Element—to BCC for Adoption 12-11-12 Policy 1.28: [Renumbered and revised text,page 3] Collier The County shall, with and the City of Naples, will work together to accomplish the community wide goal of supporting a sufficient supply of market rate and below market rate housing. This effort may include the consolidation of the City of Naples and the County housing programs and activities, including, but not limited to, state and federally funded programs such as SHIP and CDBG, in an effort to provide greater efficiency. Policy 139: [Renumbered and revised text,page 3] The County shall, with the City of Naples, explore the development of a fair share affordable-workforce housing ordinance that shall require commercial and residential developments to address the lack of affordable-workforce housing. The local jurisdictions will evaluate a broad range of options including the development of an affordable-workforce housing impact fee, the requirement that a percentage of units developed will be "set aside" for below market rate housing, an option whereby land could be donated to a nonprofit entity and/or placed in a land bank, or other alternatives that will assist in mitigating the rising need for affordable-wort e housing as the population increases. Policy 1.410: [Renumbered and revised text,page 3] Collier The County shall create or preserve affordable housing to minimize the need for additional local services and avoid the concentration of affordable housing units only in specific areas of the jurisdiction - - . . .. - . _ . .: ; - . • . ._ : ... . _ -- .: : - , . . . . _ • . . . •- .. - .. . . . .. .. . . . Programs and strategies to encourage affordable- workforce housing development may include, but are not limited to, density by right within the Immokalee Urban area and other density bonus provisions, impact fee deferrals, expedited permitting (fast tracking), public-private partnerships, providing technical assistance and intergovernmental coordination. *** *** *** *** *** text break *** *** *** *** *** COUNTY POLICIES Policy 1.511: [Renumbered and revised text,page 3] Collier The County shall maintain an inventory of all approved affordable-fierce housing units within the county. The inventory shall contain the location, structure type, number of bedrooms, and target income range for each housing unit. OBJECTIVE 2: [Revised text,page 3] .. . . Ia . r: • - . . .. . •. .• • - _ , _ -_. .. • . .. . . . . ., .. . - _ . . - .... . .. . _• ...' _ - . - .. *Increaseieg the number of affordable-workforce housing units, by the methods contained in Objective 1 and subsequent Policies, : - -- ; - ; ; •• •• • - ; - =. = = ;•• - ° == - , =- . ., : _-- - - - - - -• -_ •.. for very-low, low,and moderate and affordable workforce income residents with the assistance of for-profit and not-for-profit providers of affordable housing,within the of Collier County and its municipalities. Words underlined are added;words strusk•through are deleted. BCC ADOPTION 2 Exhibit"A" As approved by CCPC on 10-30-12 EAR-based GMP amendments Housing Element—to BCC for Adoption 12-11-12 JOINT CITY OF NAPLES/COUNTY POLICIES Policy 2.1: [Revised text,page 4] Not_for profit agencies, - - - .. - - -. - . - - ` - - - - - = -. -:, -. shall assist the County in reaching its annual affordable-werlderee housing goal by holding workshops and fairs to raise awareness and understanding of housing issues in the County; working together to purchase and develop parcels; and, contributing funds towards the purchase of land for affordable-workforce housing projects. Policy 2.2: [Revised text,page 4] Partnerships shall be encouraged between private developers, non-profit entities, local governments and other interested parties to ensure the development of housing that meets the needs of the County's very-low,low,and moderate and affordable workforce income residents. Policy 2.3: [Revised text,page 4] Collier The County shall, with and the City of Naples, still continue to provide community organizations with brochures and up-dates on various housing programs, grant opportunities, technical assistance and other information that will promote affordable-werk€eree housing opportunities for very low, low,and moderate and affordable workforce income residents. Policy 2.4: [Revised text,page 4] Collier The County shall, with and the City of Naples= shall continue to review existing codes and ordinances and amend them as needed to allow for flexible and innovative residential design that encourages mixed use development with a variety of housing designs,styles,and price ranges. Policy 2.5: [Revised text,page 4] Collier The County shall, with and the City of Naples, shall continue to review its existing permit processing systems in an effort to reduce the processing time and cost of affordable-workforce housing and continue to identify areas that can be streamlined. *** *** *** *** *** text break *** *** *** *** *** Policy 2.7: [Revised text,page 4] Collier The County shall increase the utilization of existing impact fee ordinances to facilitate the development of affordable-workforce housing through the provisions of deferrals. CITY OF NAPLES POLICIES [Revised text,page 5] Nene Policy 2.8: [Revised text,page 5] The City of Naples continues to Pprovide financial,technical and support assistance to the residents of the Carver/River Park neighborhood through continued coordination with property owners, property managers and renters. Words underlined are added;words struck-thy are deleted. BCC ADOPTION 3 Exhibit 'A" As approved by CCPC on 10-30-12 EAR-based GIMP amendments Housing Element-to BCC for Adoption 12-11-12 wok COUNTY POLICIES Policy 2.9: [Revised text,page 5] The County shall review the-Eenn-s its Affordable-workforce Housing Density Bonus Ordinance every two three years or sooner, as necessary, and revise the Ordinance, as necessary, to reflect changing community needs and market conditions. (The purpose of the Affordable-workforce Housing Density Bonus Ordinance shall be to encourage the blending of affordable lforce housing density bonus units into market rate developments as well as to support developments exclusively providing affordable-werkforee housing.1 Policy 2.10: [Revised text,page 5] The Collier County Housings Human and Veteran Services Department shall continue to operate administer affordable-workforce housing programs, in cooperation with public and private sponsors, to provide safe, affordable-torse housing to residents of the County's urban designated areas and rural areas. Programs operated administered by the Department will continue to include,but are not limited to: • Impact fee deferrals • Housing rehabilitation and emergency repairs • Down payment and closing cost assistance • Acquisition(exclusive of Collier County Government)and rehabilitation program Policy 2.11: [Revised text,page 5] The Collier County e : - - - • • •- •• - _ ' • • • in coordination with for-profit and not-for-profit providers of affordable housing development will shall continue to coordinate with local utility providers to ensure that the necessary infrastructure and facilities for new housing developments are in place,consistent with the County's Concurrency Management System. *** *** *** *** *** text break *** *** *** *** *** OBJECTIVE 3: [Revised text,page 5] _ontinue to support and adequately fund housing programs to promote the preservation and protection of existing, stable residential neighborhoods. This will be accomplished through the utilization of State Housing Incentives Partnership (SHIP) and CDBG programs including, but not limited to, down payment/closing cost assistance, rehabilitation and emergency repair, demolition with new construction,and impact fee deferrals. JOINT CITY OF NAPLES/COUNTY POLICIES *** *** *** *** *** text break *** *** *** *** *** Policy 3.2: [Revised text,page 6] Collier The County will shall support applications from for-profit and not-for-profit organizations that apply for state and federal funding for the purpose of constructing and/or rehabilitating affordable- workforee housing. Words underlined are added;words struelc-thraugh are deleted. BCC ADOPTION 4 Exhibit°A" As approved by CCPC on 10-30-12 EAR-based GMP amendments Housing Element—to BCC for Adoption 12-11-12 Policy 3.3: [Revised text,page 6] Collier The County shall continue to utilize SHIP resources and other funds to leverage the number and amount of loans provided by local lending institutions to very low, low, and moderate and affordable workforce income residents for home improvements, rehabilitation and first time homebuyer's assistance. CITY POLICIES Policy 3.4: [Revised text,page 6] Through the Neighborhood Planning Process, the City of Naples continues to will identify local housing issues and develop programs as needed to address these concerns. Policy 3.5: [Revised text,page 6] The City of Naples continues to implement incentive policies, where practical, e _ , . . . . .. _ . .__ .. .. _ . . ... . .. ., to protect and preserve historic structures,and maintain the existing residential character of the area. Policy 3.6: [Revised text,page 6] The City of Naples will continues to study and make recommendations to amend the Code of Ordinances to address impacts of larger homes on smaller lots within the City of Naples. These changes will be reviewed to determine their effectiveness. Policy 3.7: [Revised text,page 6] The City of Naples . • - . .. .. . .. - .. .- -. . . continues to address the conservation of housing stock and the preservation and protection of residential neighborhoods through its Neighborhood Action Plans. COUNTY POLICIES Policy 3.8: [Revised text,page 6] Collier The County will shall continue to maintain its Community Development Block Grant(CDBG) urban entitlement county status with the U.S. Department of Housing and Urban Development, which will continue to result in an annual allocation of federal funding available to assist very-low, low,and moderate and affordable workforce income households. OBJECTIVE 4: [Revised text,page 71 • - - ' - • . : °Conduct housing surveys, every three years or sooner, for the purpose of identifying substandard dwelling units. Through continued enforcement of County housing codes, and the provision of housing rehabilitation or replacement programs, the number of substandard units (associated with a lack of plumbing and/or kitchen facilities)throughout the County shall be reduced by 5%per year through rehabilitation or demolition. Words underlined are added;words stnjt#reugh are deleted. BCC ADOPTION 5 Exhibit"A" As approved by CCPC on 10-30-12 EAR-based GMP amendments housing Element—to BCC for Adoption 12-11-12 JOINT CITY OF NAPLES/COUNTY POLICIES Policy 4.1: [Revised text,page 7] The County shall, with the City of Naples,i4utilize the most recent comprehensive housing inventory to develop and implement new programs to reduce substandard housing. Reduction of the number of substandard units will be accomplished by employing existing methods such as, but not limited to, housing code inspections, rehabilitation programs, and demolition of substandard units and their replacement with new construction. Policy 4.2: [Revised text,page 7] The County shall,with the City of Naples.Rrequire the demolition of dilapidated,unsafe or unsanitary housing that does not meet the housing code or,which cannot economically be rehabilitated. Policy 43: [Revised text,page 7] - . .. . _ • -: _ . . , . . ., • The County shall,with the City of Naples=and-the County and create one a single uniform relocation housing policy, consistent with the U.S. Department of Housing and Urban Development requirements. Policy 4.4: [Revised text,page 7] In the event of a natural disaster, the County shall, with the City of Naples. require that replacement housing shall comply with all applicable federal, state and local codes and shall consider factors such as, but not limited to, commercial accessibility, public facilities, places of employment, and housing income. Policy 4.5: [Revised text,page 7] The County shall,with the City of Naples, require Aall dwelling units will be maintained in a safe and sanitary condition, including adequate light,ventilation, sanitation and other provisions, as required by the County and the City of Naples minimum housing codes. This task will be accomplished through housing code inspections and code enforcement actions,and housing rehabilitation programs supported through state, federal,local and/or private resources. *** *** *** *** *** text break *** *** *** *** *** OBJECTIVE 5: [Revised text,page 7] -. .. - .. . ,- • • . . - _ ually monitor all identified historically significant homes in order to promote the - - - -- --• - • - •• •• -=• conservationed, maintenanceained, and/or rehabilitationed of those structures. JOINT CITY OF NAPLES/COUNTY POLICIES [New text,page 7] *** *** *** *** *** text break *** *** *** *** *** Policy 5.2: [Revised text,page 8] Collier The County and shall, with the City of Naples,will review their land development regulations, building code, FEMA regulations, and other requirements every five years, and amend these as Words underlined are added;words struck-through are deleted. BCC ADOPTION 6 Exhibit"A" As approved by CCPC on 10-30-12 EAR-based GMP amendments Housing Element—to BCC for Adoption 12-11-12 necessary to encourage the conservation, maintenance and rehabilitation of historically significant structures. *** *** *** *** *** text break *** *** *** *** *** Policy 5.4: [Revised text,page 8] By 2019 2008, Gellier the County and shall with the City of Naples will study potential incentives to encourage the conservation, maintenance and rehabilitation of historic homes and will shall make recommendations to the City Council and to the Board of County Commissioners as to which incentives should be adopted. *** *** *** *** *** text break *** *** *** *** *** Policy 5.6: [Revised text,page 8] By 20018, the Board of County Commissioners shall commission a new Historical Survey for all of unincorporated Collier County. The Survey shall review the current status of all previously identified historical structures and sites within the unincorporated County and shall make recommendations as to which of these sites or structures should be nominated to the National Register. The Survey shall also review and make similar recommendations regarding any previously unidentified historic structures or sites. Policy 5.7: [Revised text,page 8] By 20019, the Historical/Archaeological Preservation Ordinance shall be updated to include the results of the Historical Survey and to-inelude any relevant changes in State or Federal regulations concerning historical properties. OBJECTIVE 6: [Revised text,page 8] Collier-County-shall mMonitor changes to state and federal regulations pertaining to group housing and Continuing Care Retirement Centers sue, and, as necessary, amend its the Land Development Code to ensure compliance. Policy 6.1: [Revised text,page 9] The County shall, with the City of Naples, Pprovide non-profit group housing and Continuing Care Retirement Center ease-facility organizations with information on federal, state and local housing resources that will assist them in the provision of special needs housing. On an annual basis, or as needed,provide technical assistance and support as organizations apply for funding assistance. Policy 6.2: [Revised text,page 9] Collier The County shall, with the City of Naples, review the County and the City's of Naples Fair Housing ordinances and procedures with regard to group housing and Continuing Care Retirement Centers and shall seek to consolidate local fair housing implementation in order to promote consistency and coordination in the siting of such facilities between the jurisdictions. Policy 6.3: [Revised text,page 9] The County shall, with the City of Naples,Review their respective = ' ' - - - land development regulations and building codes, and amend as necessary, to ensure compliance with Words underlined are added;words struck-though are deleted. BCC ADOPTION 7 Exhibit"A" As approved by CCPC on 10-30-12 EAR-based GMP amendments Housing Element-to BCC for Adoption 12-11-12 State and Federal regulations to provide for group housing and Continuing Care Retirement Centers, and foster care facilities licensed by the State of Florida. Policy 6.4: [Revised text,page 9] The County shall, with the City of Naples, allow group housing and Continuing Care Retirement Centers Bare—€aeilities in residentially zoned neighborhoods where adequate infrastructure, services and resources are available. The location of these facilities will be in compliance with local land use regulations and will be consistent with Chapter 419,Florida Statutes. *** *** *** *** *** text break *** *** *** *** *** OBJECTIVE 7: [Revised text,page 9]• - . - - - --:, .: _. . . •• ' . - - - -- • .. . -- - Restrict new• rezoningse to-permit for mobile home development to areas outside of the Coastal High Hazard Area, as depicted on the countywide Future Land Use Map, due to area's susceptibility to flooding and storm surge. CITY OF NAPLES POLICIES Policy 7.1: [Revised text,page 9] The City of Naples continues to formally recognized the existence of one mobile home park in the city limits through a Planned Development rezone process. This rezone process recognized that the Naples Atomik Mobile Home Park does provide affordable housing opportunities to those living in the 141 mobile homes and 31 recreational vehicle spaces within this complex. Policy 7.2: [Revised text,page 9] The City of Naples continues to disallow Aadditional mobile home developments will not be-pelted within the city limits due to the City's low elevation, susceptibility to flooding, storm surges and high winds in hurricane and tropical storms, and .:: . . - . :. - ••• . . vulnerabilityle to damage. *** *** *** *** *** text break *** *** *** *** *** OBJECTIVE 8: [Revised text,page 14] -. _. . ,. . . uUtilize SHIP, CDBG, or other funding sources and, in partnership with Federal, State and non-profit housing agencies, seek to provide in concert with Objective 1,a number of minim rehabilitated or new residential units per year for very low, low, ai4 moderate and affordable workforce income residents, based on identified need (Families benefiting from such housing will include, but are not be limited to, farmworkers and other populations with special housing needs.) Words underlined are added;words stwskhrough are deleted. BCC ADOPTION 8 Exhibit"A" As approved by CCPC on 10-30-12 EAR-based GMP amendments Housing Element—to BCC for Adoption 12-11-12 COUNTY POLICIES Policy 8.1: [Revised text,page 10] Collier The County shall continue to identify : ..- . 3 , = -. - -- .• . _. . . - _ : sub- standard residences,.of any type,within the Inunokalee Urban Area and require that those residences to be either rehabilitated to current housing code standards or demolished. Polley 8.2: [Deleted text,page 10] .. __ . _. • .. - - . - . - _ , .. . . .. . . . - , - - Policy 8.23: [Revised text,page 10] . .. . - , . _ • . .. . '. --.--- - . , .. . .. . . _ .. . The County shall continue to target affordable--workforce housing and code enforcement programs to correct the deficiencies identified in the 2004 Immokalee Urban Area housing assessment survey. Policy 8.34: [Renumbered and revised text,page 10] Funding for rehabilitation of both owner and rental units -• .. -. •• - -. .. _ :... .. . ► ., . _.. . l shall be provided through USDA funding, State SHIP finding, CDBG funding, or other appropriate funding sources, and leveraged with additional funding sources to the maximum degree possible. Policy 8.45: [Renumbered text,page 10] Policy 8.56: [Revised text,page 11] Colter The County will shall ee> e--to utilize CDBG funds to provide farmworker-housing opportunities. including .. .. . . . .. . _ .. . .. - .., - . - .. prograin-guidelinet special consideration aimed at those units that current SHIP program guidelines prohibit from assistance (i.e., . _ .. . . . _. _ _ .. . • -- - *** •*** *** *** *** text break *** *** *** *** *** OBJECTIVE 9: [New text,page 11] Support housing programs that encourage the development of energy efficient and environmentally sensitive housing. JOINT CITY OF NAPLES/COUNTY POLICIES [New text,page 11] None Words underlined are added;words straek4irough are deleted. BCC ADOPTION 9 Exhibit"A" As approved by CCPC on 10-30-12 EAR-based GMP amendments Housing Element—to BCC for Adoption 12-11-12 CITY POLICIES [New text,page 11] None COUNTY POLICIES [New text,page 11] Policy 9.1: [New text,page 11] The County shall encourage the construction of energy efficient housing by exploring innovative regulations that promote energy conserving and environmentally sensitive technologies and design. Policy 9.2: [New text,page 11] The County shall educate the public about the economic and environmental benefits of resource efficient design and construction. Policy 9.3: [New text,page 11] The County shall expedite plan review of housing projects that promote energy conservation and design. Policy 9.4: [New text,page 11] The County shall continue to encourage the development of mixed housing types near employment centers in order to reduce Green House Gas emissions and minimize carbon footprints. Policy 93: [New text,page 11] The County shall promote the incorporation of US EPA Energy Star Building and Appliances programs into construction and rehabilitation practices. G,ICDES Planning ServicestComprehensive12011 EAR-BASED GMP AMENDMENTS\BCC Adoption-EAR-based GMPAs1elements1Housing_BCC adopt-MAC 1-1 Housing Exhibit A EAR to BCC for Adoption.doac MM,cs ssitk Words underlined are added;words straskthrough are deleted. BCC ADOPTION 10 ORDINANCE NO. 12- AN ORDINANCE AMENDING ORDINANCE NUMBER 89-05, AS AMENDED, THE COLLIER COUNTY GROWTH MANAGEMENT PLAN FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE RECREATION AND OPEN SPACE ELEMENT TO PROVIDE FOR 2011 EVALUATION AND APPRAISAL REPORT (EAR) BASED AMENDMENTS TO THE GROWTH MANAGEMENT PLAN; 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 hearings to provide for and encourage public participation throughout the 2011-12 plan amendment process; and WHEREAS, Collier County did submit the 2011-12 Growth Management Plan amendments to the Department of Economic Opportunity for preliminary review on May 03, 2012; and WHEREAS, the Department of Economic Opportunity did review and did not make written objections to the amendments to the Growth Management Plan and transmitted the same 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 Economic Opportunity to adopt, adopt with changes or not adopt the proposed amendments to the Growth Management Plan; and WHEREAS, the Collier County Planning Commission held a public hearing on the adoption of the amendments to the Growth Management Plan on October 30, 2012; 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 amendments to the Growth Management Plan on December 11, 2012; 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: Words underlined are added; words struck through are additions; words with 1 *.** indicates a page break SECTION ONE: ADOPTION OF AMENDMENTS TO THE RECREATION AND OPEN SPACE ELEMENT OF THE GROWTH MANAGEMENT PLAN. The Board of County Commissioners hereby adopts the amendments to the Recreation and Open Space Element attached hereto as Exhibit"A" and incorporated herein by reference. SECTION TWO: SEVERABILITY. If any phrase or portion of this Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion. SECTION THREE: EFFECTIVE DATE. The effective date of these plan amendments, if the amendments are not timely challenged, shall be 31 days after the state land planning agency notifies the local government that the plan amendment package is complete. If timely challenged, these amendments shall become effective on the date the state land planning agency or the Administration Commission enters a final order determining this adopted amendment to be in compliance. No development oak 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, 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 state land planning agency. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County this day of December, 2012. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA By: BY: , Deputy Clerk FRED W. COYLE, Chairman Words underlined are added; words struck through are additions; words with 2 *** indicates a page break Approved as to form and legal sufficiency: tHti- Heidi Ashton-Cicko Managing Assistant County Attorney Attachment: Exhibit"A" 2011 EAR-BASED ADOPPTION- RECREATION AND OPEN SPACE ELEMENT Rev.9/24112 CP\12-CMP-00848\31 Words underlined are added;words struck through are additions; words with 3 *** indicates a page break Exhibit"A° As approved by CCPC on 10-30-12 EAR-based GIP Amendments Recreation&Open Space Element—to BCC for Adoption 12-11-12 INTRODUCTION: [Revised per DEO Comment,page 1,paragraph 1] Chapter 163.3177(6)(e), Florida Statutes, requires each local government comprehensive plan to have "a recreation and open space element indicating a comprehensive system of public and private sites for recreation, including, but not limited to, natural reservations, parks and playgrounds, parkways, beaches and public access to beaches, open spaces, and other recreational facilities." - - , • . - • I , - .• . - -;.-, - , «, , • • - ! - - While the Recreation and Open Space Element remains a requirement for local comprehensive plans in the State of Florida, the format and contents of such an Element may be tailored to local needs, provided that the intent of the Statute is met. This Recreation and Open Space Element was recently updated, as recommended by the Community Character/ Smart Growth Advisory Committee,by Ordinance No. 2003-67, adopted on December 16, 2003,to further implement the Collier County Community Character Plan and"Smart Growth"principles. *** *** *** *** *** text break *** *** *** *** *** GOAL 1: [No change to text,page 2] PROVIDE SUFFICIENT PARKS, RECREATION FACILITIES AND OPEN SPACE AREAS TO MEET THE NEEDS OF RESIDENTS AND VISITORS OF COLLIER COUNTY. OBJECTIVE 1.1: [No change to text,page 2] Continue to ensure that a comprehensive system of parks and recreation facilities is available from among facilities provided by the County,other governmental bodies and the private sector. Policy 1.1.1: [Revised text,page 2] LEVEL OF SERVICE STANDARD: I t •. .._ - . _ . .. .., .. ... .. ... . • . The standards for levels of service (LOS) of County parks and recreation facilities appear in Policy 1.5; subsection"G" in the Capital Improvement Element and shall be used as the basis for determining the availability of facility capacity and the demand generated by a development. *** *** *** *** *** text break *** *** *** *** *** [Policy deleted,page2] Words underlined are added;words strue eugh are deleted. BCC ADOPTION 1 Exhibit"A" As approved by CCPC on 10-30-12 EAR-based GMP Amendments Recreation&Open Space Element—to BCC for Adoption 12-11-12 IPolicy 1.1.5 5: [Renumbered Policy,page 3] OBJECTIVE 1.2: [No change to text,page 3] Protect designated recreation sites and open space from incompatible land uses through development of appropriate design criteria and land use regulations. *** *** *** *** *** text break *** *** *** *** *** OBJECTIVE 1.3: [No change to text,page 3] Continue to ensure that all public developed recreational facilities, open space and beaches and public water bodies are accessible to the general public. Policy 1.3.1: [Revised text,page 3] County-owned or managed parks and recreation facilities shall have automobile, bicycle and/or pedestrian access, where the location is appropriate and where such access is economically feasible, with specific consideration given to alternative forms of transportation that would l reduce VMT and green house gas. *** *** *** *** *** text break *** *** *** *** *** OBJECTIVE 1.4: [No change to text,page 3] Policy 1.4.1: [Revised text,page 3] Ales Through the land development review process, Collier County shall continue to encourage developers to provide recreation sites and/or facilities within residential and mixed use Planned Unit Developments(PUDs),where appropriate. Policy 1.4.2: [Revised text,pages 3,4] Collier County shall continue to coordinate the provision of recreational facilities and activities with other governmental jurisdictions that own or operate such facilities and activities within, or adjacent to, Collier County. .- . _ -- - - ' - -• - .--, ;• - •• limited-tei Lee County, Florida Miami Dade Co my Florida The City of Naples, Florida Words underlined are added;words struck throes are deleted. BCC ADOPTION 2 Exhibit"A" As approved by CCPC on 10-30-12 EAR-based GMP Amendments Recreation&Open Space Element—to BCC for Adoption 12-11-12 0-- - :. . .. .. , OBJECTIVE 1.5: [No text change,page 4] Through the PUD monitoring process, Collier County shall continue to enforce developer commitments for the provision of parks,recreation facilities and open space. Policy 1.5.1: [Revised text,page 4] I Collier County shall maintain a current inventory of recreational facility and usable open space commitments made by developers through the development review process. *** *** *** *** *** text break *** *** *** *** *** OBJECTIVE 1.6: [No text change,page 4] Whenever possible and practical,utilize County owned property for recreational uses. *** *** *** *** *** text break *** *** *** *** *** COAL-2+ [Deleted goal,page 4] - - a 9 • • • r- - - - !. e _ eat • ..' . . - - RECREATIONAL-NEEDS OF RESIDENTS WITHIN THE COUNTY. Objeetive-2. [Deleted objective,page 4] Policy 2.1.1: [Deleted policy,page 4] Policy 2.1.2: [Relocated policy,page 5]• - .. - _.. - . . . _ -.. _ .• - - - - - - - ..•• • �� _ - - _, _ - ., • • .• .• .. ... . . , ... - - °. - ...' . _. . , , ... _ . Policy 2.1.3: [Deleted policy,page 5] • -- ... ... .. •-• -- - - t• -- Policy 3.1.4: [Deleted policy,page 5] Words underlined are added;words are deleted. BCC ADOPTION 3 Exhibit"A" As approved by CCPC on 10-30-12 EAR-based GMP Amendments Recreation&Open Space Element—to BCC for Adoption 12-11-12 Asoolkt Pokey-244 [Deleted policy,page 5] [Renumbered&revised goal,page 5] - - • - A _• • . e _ . - ' •'- - - PROVIDE USEABLE OPEN SPACE TO MEET THE RECREATIONAL NEEDS OF GOAL 3 2: THE COUNTY SHALL PROMOTE A PARK SYSTEM THAT INCLUDES REGIONAL, COMMUNITY AND NEIGHBORHOOD PARKS WITH PEDESTRIAN PATHWAYS AND BIKE LANES TO PROVIDE USEABLE OPEN SPACE TO MEET THE RECREATIONAL NEEDS OF RESIDENTS WITHIN THE COMMUNITY. REGIONAL AND COMMUNITY PARK DEVELOPMENT WILL BE BASED ON THE LEVEL OF SERVICE STANDARD (LOSS)CONTAINED IN THE CIE. OBJECTIVE 32.1: [Renumbered and revised text,page 5] By the year 2010 In 2011, the Parks and Recreation Department will developed a Community and Regional Park Plan to provide larger parks and recreational facilities as well as passive open space within a 15 to 20 minute drive of residents within the coastal Urban Designated Area, the Immokalee Urban Designated Area, and Northern Golden Gate Estates (this excludes Conservation designated areas, Agricultural/Rural designated areas, Southern Golden Gate Estates, and the outlying Urban Designated Areas of Copeland, Port of the Islands, Plantation Island and Chokoloskee). This plan will-includes the identification of future community and regional park sites (or general areas), park improvements, cost estimates, and potential funding sources. The principles of Crime Prevention Through Environmental Design (CPTED) will be integrated into the planning and development of the Community and Regional Park sites. Policy 32.1.1: [Renumbered text,page 5] Policy 32.1.2: [Renumbered text,page 6] Policy 32.1.3: [Renumbered text,page 6] Policy 32.1.4: [Renumbered and revised text,page 6] The County shall continue to update parks and recreation impact fees to keep—paw—with increased appropriately reflect land acquisition and development costs for the establishment of community and regional parks. Policy 32.1.5: [Renumbered text,page 6] Policy 32.1.6: [Renumbered text, page 6] Words underlined are added;words are deleted. BCC ADOPTION 4 Exhibit 'A" As approved by CCPC on 10-30-12 EAR-based GMP Amendments Recreation&Open Space Element—to BCC for Adoption 12-11-12 Policy 32.1.7: [Renumbered and revised text,page 6] By the year 2010, t The Parks and Recreation Department and the Transportation Services Division will continue to investigate the utilization of the existing canal and power line easements to create a greenway system within the coastal Urban Designated Area, the Immokalee Urban Designated Are and Northern Golden Gate Estates (this excludes as detailed in the adopted Community and Regional Parks Master Plan. • G:ICDES Planning ServioestComprehensive12011 EAR-BASED GMP AMENDMENTSIBCC Adoption-EAR-based GMPAslelements\ROSE_BCC adoptn- MBI11-1 ROSE Exhibit A EAR to BCC for Adoption.docx MB,cs Words underlined are added;words stoic&through are deleted. BCC ADOPTION 5 ORDINANCE NO. 12- AN ORDINANCE AMENDING ORDINANCE NUMBER 89-05, AS AMENDED, THE COLLIER COUNTY GROWTH MANAGEMENT PLAN FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE CONSERVATION AND COASTAL MANAGEMENT ELEMENT TO PROVIDE FOR 2011 EVALUATION AND APPRAISAL REPORT (EAR) BASED AMENDMENTS TO THE GROWTH MANAGEMENT PLAN; 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 hearings to provide for and encourage public participation throughout the 2011-12 plan amendment process; and WHEREAS, Collier County did submit the 2011-12 Growth Management Plan amendments to the Department of Economic Opportunity for preliminary review on May 03, 2012; and WHEREAS, the Department of Economic Opportunity did review and did not make written objections to the amendments to the Growth Management Plan and transmitted the same 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 Economic Opportunity to adopt, adopt with changes or not adopt the proposed amendments to the Growth Management Plan; and WHEREAS, the Collier County Planning Commission held a public hearing on the adoption of the amendments to the Growth Management Plan on October 30, 2012; 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 amendments to the Growth Management Plan on December 11, 2012; 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: Words underlined are added; words struck through are additions; words with 1 *** indicates a page break SECTION ONE: ADOPTION OF AMENDMENTS TO THE CONSERVATION AND COASTAL MANAGEMENT ELEMENT OF THE GROWTH MANAGEMENT PLAN. The Board of County Commissioners hereby adopts the amendments to the Conservation and Coastal Management Element attached hereto as Exhibit "A" and incorporated herein by reference. SECTION TWO: SEVERABILITY. If any phrase or portion of this Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion. SECTION THREE: EFFECTIVE DATE. The effective date of these plan amendments, if the amendments are not timely challenged, shall be 31 days after the state land planning agency notifies the local government that the plan amendment package is complete. If timely challenged, these amendments shall become effective on the date the state land planning agency or the Administration Commission enters a final order determining this adopted amendment to be in compliance. No development orders, development permits, or land uses dependent on these amendments 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 state land planning agency. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County this day of December, 2012. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA By: BY: , Deputy Clerk FRED W. COYLE, Chairman Words underlined are added; words struck through are additions; words with 2 *** indicates a page break Approved as to form and legal sufficiency: Heidi Ashton-Cicko Managing Assistant County Attorney Attachment: Exhibit"A" 2011 EAR-BASED ADOPTION- CONSERVATION AND COASTAL MANAGEMENT ELEMENT Rev. 11/19112 CP\12-CMP-00848\76 Words underlined are added; words struck through are additions;words with 3 *** indicates a page break Exhibit"A' As approved by CCPC on 10-30-12 EAR-based GMP Amendments Conservation and Coastal Management Element—to BCC for Adoption 12-11-12 GOAL 1: [Revised text,page 4] _ e • .• - - TO PLAN FOR THE PROTECTION, CONSERVATION, MANAGEMENT AND APPROPRIATE USE OF 77� THE COUNTY'S NATURAL RESOURCES. OBJECTIVE 1.1: [Revised text,page 4] _ontinue to maintain a comprehensive environmental management and conservation program hieh-will to ensure that the natural resources, including State and Federally listed animal species; e€ within Collier the County are properly, appropriately, and effectively identified,managed,and protected. *** *** *** *** *** text break *** *** *** *** *** Policy 1.1.6: [Revised text,page 4] In those areas of Collier the County where oil extraction and related processing is an allowable use, such use is shall be subject to applicable state and federal oil and gas permits and Collier the County's non-environmental site development plan review procedures. Directional-drilling and/or previously cleared or disturbed areas shall be utilized in order to minimize impacts to native habitats, where determined to be practicable. This requirement shall be deemed satisfied upon issuance of a state permit in compliance with the criteria established in Chapter 62C-25 through 62C-30, F.A.C.,as those rules existed en as of January 13, 2005,the effective date of this amendment to the Collier County's Comprehensive Plan, and regardless of whether the activity occurs within the Big Cypress Watershed, as defined in Rule 62C-30.001(2), F.A.C. All applicable Collier County environmental permitting requirements shall be considered satisfied by evidence of the issuance of all applicable federal and/or state oil and gas permits for proposed oil and gas activities in Collier the County, so long as the state permits comply with the requirements of Chapter 62C-25 through 62C-30, F.A.C. For those areas of Collier the County outside the boundary of the Big Cypress Watershed, the applicant shall be responsible for convening the Big Cypress Swamp Advisory Committee as set forth in Section 377.42, F.S.,to assure compliance with Chapter 62C-25 through 62C-30, F.A.C.even if outside the defined Big Cypress Watershed. All access roads to oil and gas uses shall be constructed and protected from unauthorized uses according to the standards established in Rule 62C-30.005(2)(a)(1) through (12), F.A.C. *** *** *** *** *** text break *** *** *** *** *** OBJECTIVE 1.2: [Revised text,page 5] Maintain the framework for an integrated, computer-based environmental resources data storage, analysis, and graphics system that is based on relevant, appropriate and professionally accepted data Policy 1.2.1: [Objective 1.2 reformatted,resulting in creation of Policy 1.2.1,page 5] The County shall annually update the environmental resources databases based on the previous year's analytical data in order to monitor the status of the County's natural resources and propose potential protection measures when appropriate. *** *** *** *** *** text break *** *** *** *** *** Words underlined are added;words stwslk-through are deleted. BCCADOPTION 1 Exhibit"A" As approved by CCPC on 10-30-12 EAR-based GMP Amendments Conservation and Coastal Management Element—to BCC for Adoption 12-11-12 Policy 1.2.12: [Renumbered text,page 5] Policy 1.2.23: [Renumbered text,page 5] Policy 1.2.24: [Renumbered and revised text,page 5] Non-GIS-based data G_collected shall be organized by established water-shed and sub-basin units. Policy 1.2.45: [Renumbered text,page 5] Pew [Deleted text,page 5] OBJECTIVE 1.3: [Revised text,page 5]•I . - ... • _ - _ _ -- - . • .. .! ... -- • -^ _ ' - �, • _ -. . -. .. - • - - • • :Protect identified environmental systems through the Natural Resource Protection Area(NRPA)and Rural Lands Stewardship programs. Policy 1.3.1: [Revised text,page 6] The purpose-eftThe NRPA program is-to shall direct incompatible land uses away from significant environmental systems that exist at a landscape scale, contain large systems of connected wetland and upland habitats, and support a wide variety of listed species. The program will shall include the following: a. Identification and mapping of NRPAs as an overlay to the Future Land Use Map; ODuring the Assessment for the Rural Fringe area, the County has determined that CREW Trust lands, Belle Meade, a portion of the Northern Belle Meade shall be identified as NRPAs. The County also has determined that the South Golden Gate Estates is a NPRA. The specific boundaries have been identified as NRPAs on the Future Land Use Map.1 b. A process for verifying the existence and boundaries of NRPAs during development permit applications; c. Guidelines and standards for development of NRPAs including conservation guidelines to protect natural resource values, to maintain ecologically functioning systems, and to restore or mitigate NRPAs already degraded. Allowable land uses, vegetation preservation standards, development standards,and listed species protection criteria for the NRPAs are those contained in the NRPA Words underlined are added;words sick-through are deleted. BCC ADOPTION 2 Exhibit"A" As approved by CCPC on 10-30-12 EAR-based GMP Amendments Conservation and Coastal Management Element—to BCC for Adoption 12-11-12 Overlay within the Future Land Use Element. d. A review process, integrated into the normal development application review, to ensure that the guidelines and standards are being met; e. A program to defer development of NRPAs. First consideration should be fee simple purchase (based on public referenda approving and funding purchases). Other options should include, but not be limited to,tax incentives and transfer of development rights; f. A program to pursue Delegation of Authority Agreements with State and Federal Permitting agencies for local regulation of activities that may alter the biological and physical characteristics of NRPAs; g. The County shall seek assistance from and supports State(e.g. CARL, SOR)and/or Federal land acquisition programs for County areas qualifying as NRPAs. *** *** *** *** *** text break *** *** *** *** *** P • - [Deleted text,page 6] Policy 1.3.45 [Renumbered text,page 6] *** *** *** *** *** text break *** *** *** *** *** GOAL 2: [Revised text,page 4] TO PROTECT 4TS THE COUNTY'S SURFACE AND ESTUARINE WATER RESOURCES. OBJECTIVE 2.1: [Revised text,pages 7, 8] [Revised further per SFWMD Comments] . . . _ ,.• -- - - . - _ - :. • ' . •- -:•• :Prepareing Watershed Management Plans, which contain appropriate mechanisms to-protect the County's estuarine and wetland systems. "- _ . ._- .. .- • - . _• : „ : .•. -- - • ..- - -- _: - - -- - I •. - - __ - • , _ .: • •- ?:• . Until the Watershed Management Plans are completed,the County shall apply the following as interim standards for development: a. All new development and re-development projects shall meet 150% of the water quality volumetric requirements of Section 5.2.1(a) of the Basis of Review for Environmental Resource Permit Applications Within the South Florida Water Management District (Fury 2086 2012) . : . - _• - - •-• :_._ - •• - .., or its successor, in effect at the time Words underlined are added;words struskthrough are deleted. BCC ADOPTION 3 Exhibit"A" As approved by CCPC on 10-30-12 EAR-based GMP Amendments Conservation and Coastal Management Element-to BCC for Adoption 12-11-12 of project approval, and the allowable off-site discharge rates required by Drainage Stormwater Management Sub-Element Policy 6.2 and 6.3,respectively; b. Loss of storage or conveyance volume resulting from direct impacts to wetlands shall be compensated for by providing an equal amount of storage or conveyance capacity on site and within or adjacent to the impacted wetland. c. Floodplain storage compensation shall be evaluated for developments within the designated Flood Hazard Area (flood zones starting with the letter "V" or "A", "AE", and "VE" as depicted on the Flood Insurance Rate Maps published by the Federal Emergency Management Agency with an effective date of November 17, 2005 May 16, 2012. Floodplain storage compensation shall also be evaluated for areas known to be periodically inundated by intense rainfall or sheetflow conditions. d. All development located within areas identified on Figure 1 shall be evaluated to determine impacts to natural wetlands, flowways, or sloughs. For this particular evaluation, natural wetlands, flowways, or sloughs shall be tentatively identified as contiguous lands having a continual preponderance of wetland or wet facultative plant species and a ground elevation through the major portion of the natural wetland, flowway, or slough at least one(1) foot lower than the ground at the edge of the natural wetland, flowway, or slough. The edge of the natural wetlands, flowways, or sloughs shall be identified by field determination and based upon vegetation and elevation differences from the adjacent uplands or transitional wetlands. The County shall require the applicant to avoid direct impacts to these natural wetlands, flowways, or sloughs or,when not possible,to ensure any direct impact is minimized and compensated for by providing the same conveyance capacity lost by the direct impact. The County shall adhere to the limiting discharge rates of each basin as outlined in Ordinance 2001-27, adopted May 22, 2001 which amended the County Water Management Policy and provided basin delineations where special peak discharge rates have been established. The limiting discharge rates will be reviewed as a part of the Watershed Management Plans,and modified according to the analyses and findings of the Watershed Management Plans. e. All new development and re-development projects shall ensure surrounding properties will not be adversely impacted from the project's influence on stormwater sheet flow. f. Prior to -- ' ••. -_ . • -- _ . . _ . -• _ , _ - - - - - - • commencement of development,the applicants of a development projects-to shall obtain the a_,_y necessary state and federal environmental permits. g- Within one year of the effective date of these amendments, the County shall adopt land development regulations to require Best Management Practices of future development or re- development projects. Best Management Practices means structural and non-structural facilities or practices intended to reduce pollution either through source control or treatment of stormwater. Figure 1. Restoration Project Areas Where Interim Development Standard 2.1.d is Applicable [See Figure 1 following CCME text] *** *** *** *** *** text break *** *** *** *** *** Policy 2.1.7: [Revised text,page 9] Collier The County shall take-the lead and promote intergovernmental coordination between the Count}' and other governmental agencies involved with watershed planning, including, but not Words underlined are added;words etfuek-threugb are deleted. BCC ADOPTION 4 Exhibit"A" As approved by CCPC on 10-30-12 EAR-based GMP Amendments Conservation and Coastal Management Element—to BCC for Adoption 12-11-12 aeeessafily limited to, the municipalities of Marco Island, Naples and Everglades City, the Florida Department of Environmental Protection, the South Florida Water Management District, the Florida Fish and Wildlife Conservation Commission, the U.S. Fish and Wildlife Service, the U.S.Army Corps of Engineers and other governmental agencies. The County take4lie shall continue to lead and oversee the preparation of the necessary watershed management plans, and will calif upon include in their review the work performed and/or data collected by other agencies, to the extent that these agencies have data and/or experience, which may be useful within the watershed basin planning and management process. OBJECTIVE 2.2: [Revised text,page 9] Require All canals, rivers, and flow ways discharging into estuaries shall to meet all applicable Federal, State,or local water quality standards. *** *** *** *** *** text break *** *** *** *** *** Policy 2.2.2: [Revised text,page 9] In order to limit the specific and cumulative impacts of stormwater run-off, stormwater systems should shall be designed in such a way that discharged water does not degrade receiving waters and an attempt is made to enhance the timing, quantity and quality of fresh water to the estuarine system. Non- structural methods such as discharge and storage into wetlands are encouraged. *** *** *** *** *** text break *** *** *** *** *** Policy 2.2.5: [Revised text,page 9] [Revised further per SFWMD Comments] The County will seek technical assistance from the South Florida Water Management District, and coordinate with the Florida Department of Environmental Protection,to develop and implement a plan to encourage t !=.:-• :- , !!:, :.- : :. , stormwater management systems shall be periodically inspected and, if feasible, certified by an I•ieenaed-Florida appropriate professional engineer for compliance with their approved design, and any deficiencies shall be corrected. *** *** *** *** *** text break *** *** *** *** *** OBJECTIVE 2.3: [Revised text,page 9] Develop and implement a plan._ in coordination with the Florida Department of Environmental Protection, to ensure Aall estuaries shall meet all applicable federal, state and local water quality standards. *** *** *** *** *** text break *** *** *** *** *** Policy 2.3.4: [Revised text,page 10] The County shall Ccontinue to implement--and refine a it's water quality and sediment monitoring program for the estuarine system. Words underlined are added;words std are deleted. BCC ADOPTION 5 Exhibit"A" As approved by CCPC on 10-30-12 EAR-based GMP Amendments Conservation and Coastal Management Element—to BCC for Adoption 12-11-12 *** *** *** *** *** text break *** *** *** *** *** Policy 2.3.6: [Revised text,page 10] The County will shall only allow development activities which will not adversely impact coastal water resources. This is shall be implemented through the following mechanisms: a. Require all applicable Federal and State permits addressing water quality to be submitted to Gellier the County before commencement of development -_ -_.. • . . : *: - .. - Or . b. Excluding single family homes, any project impacting 5 acres or more of wetlands must shall provide a pre and post development water quality analysis to demonstrate no increase in nutrient; ._ .. _. _- . . :, . :_-_ - : .-, :, - _ . -. . .._ loading in the post development scenario. • *** *** *** *** *** text break *** *** *** *** *** OBJECTIVE 2.4: [Revised text, page 11] Takemg a coordinated and cooperative approach with the Florida Department of Environmental Protection (FDEP) regarding environmental planning, management and monitoring programs for Rookery Bay and Cape Romano —Ten Thousand Islands Aquatic Preserves and their watersheds. (As part of this process, the County shall continue to notify FDEP of development projects within the watersheds of these preserve areas.j *** *** *** *** *** text break *** *** *** *** *** OBJECTIVE 2.5: [Revised text,page 11] The County will cContinue with to implementation of it's the estuarine management program by requiring development to meet its current standards addressing stormwater management, and the protection of seagrass beds,dune and strand,and wetland habitats. Policy 2.5.1: [Revised text,page 11] The County shall continue to Iidentify land use activities that have the potential to degrade the estuarine environmental quality. Words underlined are added;words are deleted. BCC ADOPTION 6 Exhibit"A" As approved by CCPC on 10-30-12 EAR-based GMP Amendments Conservation and Coastal Management Element—to BCC for Adoption 12-11-12 Policy 52: CY . . [Revised text,page 11] Theis estuarine management program shall incorporate information obtained from the various watershed management plans described elsewhere in this Element. Policy 2.53: [Revised text,page 11] This estuarine management program shall,in part,continue to be based on the estuarine data analyses and management recommendations contained in the County's coastal management program's technical reports. GOAL 3: [Revised text,page 12] TO PROTECT THE COUNTY'S GROUND WATER RESOURCES TO ENSURE THE HIGHEST WATER QUALITY PRACTICAL OBJECTIVE 3.1: [Revised text,page 12] Meet all applicable Federal and State ground water quality standards;and •• • - •• := monitored in eider ground water quality to determine whether development activities are contributing to the its degradation : : . - - ' . : _ . • fe es. •• • --- - - _- - . • - - .. - - - - ::•:: -.. _ - - -- , - - ••Policy 3.1.1: [Objective 3.1 reformatted,resulting in creation of Policy 3.1.1,page 12] Ground water data and land use activities shall be assessed annually to determine long-term trends and whether the County is meeting_Federal and State regulatory standards for ground water quality. Policy 3.1.2: [Objective 3.1 reformatted, resulting in creation of Policy 3.1.1,page 13] The County shall require ground water monitoring,of land uses in accordance with Chapters 62-520, 62-550 and 62-777 of the Florida Administrative Code. Upon the detection of any ground water degradation determined through the monitoring process, the County shall notify the appropriate regulatory agencies. Policy 3.1.3: [Objective 3.1 reformatted,resulting in creation of Policy 3.1.1,page 13] The County shall maintain its groundwater monitoring network by coordinating with various state agencies and private land owners to create a comprehensive inventory of monitoring wells, an assessment of monitoring wells previously damaged, and provide for appropriate well repairs and replacements. Words underlined are added;words are deleted. BCC ADOPTION 7 Exhibit"A" As approved by CCPC on 10-30-12 . ., EAR-based GMP Amendments Conservation and Coastal Management Element—to BCC for Adoption 12-11-12 Policy 3.1.44: [Renumbered and Revised text, page 12] Wellhead protection areas identified on the Future Land Use Map Series shall be protected as follows: 1. Wellhead protection areas shall consist of four(4) Welifield Risk Management Zones defined as follows: a) W-1 is the land area surrounding the identified potable water wellfield wellheads and extends to the five percent ground water capture zone boundary line (which approximates the one year ground water travel time to the wellfield). b) W-2 is the land area between the W-1 boundary line and the ten percent ground water capture zone boundary line (which approximates the two year ground water travel time to the potable water wellfield). c) W-3 is the land area between the W-2 boundary line and the twenty-five percent ground water capture zone boundary line (which approximates the five year ground water travel time to the potable water wellfield). d) W-4 is the land area between the W-3 boundary line and the 100 percent ground water capture zone boundary line (which approximates the twenty year ground water travel time to the potable water wellfield). 2. Land uses are restricted within the wellfield risk management zones as follows: a) Future solid waste disposal facilities:prohibited in all wellfield risk management zones. b) Future solid waste transfer stations:prohibited in W-1,W-2,W-3. c) Future solid waste storage, collection, and recycling storing hazardous products and hazardous wastes:prohibited in W-1, W-2,W-3. d) Future non-residential uses involving hazardous products in quantities exceeding 250 liquid gallons or 1,000 pounds of solids:provide for absorption or secondary containment in W-1, W-2, W-3. e) Future domestic wastewater treatment plants:prohibited in W-1. f) Future land disposal systems: must meet high level disinfection standards as found in 40 CFR part 135. g) Land application of domestic residuals: limit metal concentrations, nitrogen based on uptake ability of vegetation),and require a conditional use. h) Future petroleum exploration and production and expansions of existing: prohibited in W-1 and W-2,conditional use required in W-3 and W-4. i) Future on-site disposal systems (septic tanks) requiring a soil absorption area greater than 1,000 square feet are allowed to discharge in zone W-1 subject to complying with construction standards and provision of an automatic dosing device and a low-pressure lateral distribution. j) On-site sewage disposal systems (septic tanks) serving existing industrial uses and subject to the thresholds in d) and e) above within wellfield zones W-1, W-2, and W-3 shall meet all construction and operating standards contained in 64E-10, F.A.C. as the rule existed on August 31, 1999 and shall implement a ground water monitoring plan. 3. Conditional uses referenced within this policy shall be granted only whence development impacts of-the-development will be isolated from the Surficial and Intermediate Aaquifers. Policy 3.1.5 [New text, page 13] The County shall coordinate with the South Florida Water Management District and the Big Cypress Basin in the development and implementation of a salt water intrusion monitoring program. Words underlined are added;words e e ough are deleted. BCC ADOPTION 8 Exhibit"A" As approved by CCPC on 10-30-12 EAR-based GMP Amendments Conservation and Coastal Management Element—to BCC for Adoption 12-11-12 *** *** *** *** *** text break *** *** *** *** *** OBJECTIVE 3.2 [Revised text,page 13] Continue the well construction compliance program undef based upon criteria specified in the Collier County Well Construction Ordinance, wh, -is designed to ensure proper well construction 0f-wells and promote aquifer protection. *** *** *** *** *** text break *** *** *** *** *** OBJECTIVE 3.3: [Provided for context only,no change to text,page 13] Continue to identify, refine extents of, and map zones of influence and contribution around potable wellfields in order to identify activities that must be regulated to protect ground water quality near wellfields.(Refer to Objective 1.1 in the Natural Ground Water Aquifer Recharge Sub-Element.) *** *** *** *** *** text break *** *** *** *** *** OBJECTIVE 3.4 [Revised text,page 14] Collect and evaluate data and information designed to monitor the quality of ground water in order to identify the need for additional protection measures. (Refer to Objective 4-3 in the Natural Ground Water Aquifer Recharge Sub-Element.) Policy 3.4.1: [Revised text,page 14] Continue tThe existing water quality monitoring program shall continue to provide base-line data, evaluate long-term trends — including salinity trending, identify water quality problems, and evaluate the effectiveness of the County's ground water protection program. *** *** *** *** *** text break *** *** *** *** *** Policy 3.4.4: [Revised text,page 14] The County. in coordination with the South Florida Water Management District and the Big Cypress Basin, shall Ggather and use appropriate data to refine and improve the database used in the County's 3-dimensional ground water model. *** *** *** *** *** text break *** *** *** *** *** GOAL 4: [Revised text,page 15] TO CONSERVE, PROTECT AND APPROPRIATELY MANAGE THE COUNTY'S FRESH WATER RESOURCES. OBJECTIVE 4.1: [Revised text,page 15] Collect and evaluate data and information designed to mei'e accurately determine water use in the Collier County .- ; . .. . .. .. _ - . _ -: . ; -.- - - - Policy 4.1.1: [Objective 4.1 reformatted,resulting in creation of Policy 4.1.1,page 15] The County shall track all permitted wells and wells having consumptive use permits. Words lrnderlined are added;words are deleted. BCC ADOPTION 9 Exhibit"A" As approved by CCPC on 10-30-12 EAR-based GMP Amendments Conservation and Coastal Management Element—to BCC for Adoption 12-11-12 Policy 4.1.42: [Renumbered text,page 15] Policy 4.1.33: [Renumbered and Revised text, page 15] The County, in coordination with the South Florida Water Management District, shall Wwork with the agricultural community to devise a method for determining agricultural pumpage. Policy 4.1.34: [Renumbered text,page 15] *** *** *** *** *** text break *** *** *** *** *** GOAL 5: [Revised text,page 16] TO PROTECT, CONSERVE AND APPROPRIATELY USE ITS THE COUNTY'S MINERAL AND SOIL RESOURCES. *** *** *** *** *** text break *** *** *** *** *** OBJECTIVE 53: [Revised text,page 16] ._. -: - _ •-: .- - ! :.. - _- :Periodically assess the types, quantities and location of minable mineral resources within Gellier the County. Policy 53.1: [Revised text,page 16] The Collier County's Engineering Review Services Depaftment Section shall work with the Florida Department of Environmental Protection, the Florida Geological Survey and local mining industry officials to inventory and assess the existing mineral reserves in Collier County. The inventory and assessment will shall incorporate use of a GIS-based database of all areas within the County that are permitted,either by right,or through a conditional use permit,to conduct mineral extraction operations as well as the volume of fill that is permitted to be removed for each such active mineral extraction operation. *** *** *** *** *** text break *** *** *** *** *** GOAL 6: [Revised text,page 18] TO IDENTIFY, PROTECT, CONSERVE AND APPROPRIATELY USE ITS NATIVE VEGETATIVE COMMUNITIES AND WILDLIFE HABITAT. OBJECTIVE 6.1: [Revised text,page 18] The County shall pProtect native vegetative communities through the application of minimum preservation requirements. - - - •-: •• '.-3 . . :3 _ '._ •. :. - , .: - . ' 3 3: . . (These policies under this Objective shall apply to all of Collier County except for that portion of the County which is identified on the Countywide Future Land Use Map (FLUM) as the Rural Lands Stewardship Area Overlay.), Policy 6.1.1: [Revised text, page 18] For the County's Urban Designated Area,Estates Designated Area, Conservation Designated Area, and Agricultural/Rural Mixed Use District, Rural-Industrial District and Rural-Settlement Area District as Words underlined are added;words are deleted. BCC ADOPTION 10 Exhibit"A" As approved by CCPC on 10-30-12 EAR-based GMP Amendments Conservation and Coastal Management Element—to BCC for Adoption 12-11-12 designated on the FLUM,native vegetation shall be preserved through the application of the following minimum preservation and vegetation retention standards and criteria, unless the development occurs within the Area of Critical State Concern (ACSC) where the ACSC standards referenced in the Future Land Use Element shall apply. Notwithstanding the ACSC requirements, this policy shall apply to all non-agricultural development except for single-family dwelling units situated on individual parcels that are not located within a watershed management conservation area identified in a Watershed Management Plan developed pursuant to policies supporting Objective 2.1 of this Element. For properties not previously within the Coastal High Hazard Area but now within the Coastal High Hazard Area due to adoption of a revised Coastal High Hazard Area boundary in 2012. the native vegetation preservation and retention standards of the Non-Coastal High Hazard Area shall continue to apply. (Reference the Coastal High Hazard Area Comparison Map in the Future Land Use Element.) Coastal High Hazard Area Non-Coastal High Hazard Area Less than 2.5 acres 10% Less than 5 acres. 10% Residential and Mixed Equal to or greater Equal to or greater than 5 acres Use Development than 2.5 acres 25% and less than 20 acres. 15% Equal to or greater than 20 ac. 25% Golf Course 35% 35% Commercial and Less than 5 acres. 10% Less than 5 acres. 10% Industrial Development Equal to or greater Equal to or than 5 acres. 15% greater than 5 acres. 15% Industrial Development (Rural- 50%, not to exceed 25% of the 50%, not to exceed 25% of the Industrial District only) project site. project site. The following standards and criteria shall apply to the vegetation retention requirements referenced above. (1) For the purpose of this policy, "native vegetation" is defined as a vegetative community having 25%or more canopy coverage or highest existing vegetative strata of native plant species. The vegetation retention requirements specified in this policy are calculated based on the amount of "native vegetation"that conforms to this definition. Words underlined are added;words stfeek-tfgevgh are deleted. BCC ADOPTION 11 Exhibit'A" As approved by CCPC on 10-30-12 EAR-based GMP Amendments Conservation and Coastal Management Element—to BCC for Adoption 12-11-12 (2) The preservation of native vegetation shall include canopy, under-story and ground cover emphasizing the largest contiguous area possible, which may include connection to offsite preserves. The purpose for identifying the largest contiguous area is to provide for a core area that has the greatest potential for wildlife habitat by reducing the interface between the preserve area and development which decreases the conflicts from other land uses. Criteria for determining the dimensional standards of the preserve are to be set out in the Land Development Code. (3) Areas that fulfill the native vegetation retention standards and criteria of this policy shall be set aside as preserve areas. On-site and off-site preserve areas shall be protected by a permanent conservation mechanism to prohibit further development, consistent with the requirements of this policy. The type of permanent conservation mechanism,including conservation easements, required for a specific development may vary based on preserve area size,type of development approval,and other factors,as set forth in the County's land development regulations. (4) Selection of native vegetation to be retained as preserve areas shall reflect the following criteria in descending order of priority: a. Wetland or upland areas known to be utilized by listed species or that serve as corridors for the movement of wildlife shall be preserved and protected in order to facilitate the continued use of the site by listed species or the movement through the site, consistent with the requirements of Policy 7.1.1 and 7.1.2 of this element. b. Xeric Scrub,Dune and Strand,Hardwood Hammocks. c. Onsite wetlands having functionality scores of at least 0.65 WRAP or 0.7 UMAM, unless permitted for impact pursuant to Policy 6.2.4 of this Element. WRAP means South Florida Water Management District's Wetland Rapid Assessment Procedures as described in Technical Publication Reg 001 (September 1997, as updated August 1999). UMAM means Uniform Wetland Mitigation Assessment Method as described in Chapter 62-345,F.A.C. d.Any upland habitat that serves as a buffer to a wetland area as identified in Paragraph (4)c. above, e.Dry Prairie, Pine Flatwoods,and f. All other native habitats. (5) The uses allowable within preserve areas are limited to: a. Passive recreational uses that do not impact the minimum required vegetation or cause a loss of function to the preserve area. Loss of function to the preserve area includes a reduction or a change in vegetation within the preserve and harming any listed species present in the preserve. More specific standards that implement this policy shall be set forth in the land development regulations and will address various types of construction that are compatible with the function of the preserve. The land development regulations will also provide criteria to define appropriate passive recreational uses. The criteria will be established to allow for passive recreational uses such as trails or boardwalks that provide for access within the preserves, providing the uses do not reduce the minimum required vegetation or cause harm to listed species. b. Receipt of treated stormwater discharge where such use, including conveyance, treatment and discharge structures, does not result in adverse impacts the naturally occurring, native vegetation, to include the loss of the minimum required vegetation acreage and the harm to any listed species according to the policies associated with Objective 7.1, as determined by criteria set forth in land development regulations. Discharge to preserves having wetlands requires treatment that will meet water quality standards as set forth in Chapter 62-302. Words underlined are added;words stfask-thy are deleted. BCC ADOPTION 12 Exhibit"A" As approved by CCPC on 10-30-12 EAR-based AMP Amendments Conservation and Coastal Management Element—to BCC for Adoption 12-11-12 F.A.C. and will conform to the water quality criteria requirements set forth by the South Florida Water Management District. (6) A management plan shall be submitted for preserve areas identified by specific criteria in the land development regulations to identify actions that must be taken to ensure that the preserved areas will maintain natural diversity and will function as proposed. The plan shall include methods to address control and treatment of invasive exotic species, fire management, stormwater management(if applicable),and maintenance of permitted facilities. If applicable, a listed species monitoring program shall be submitted pursuant to Policy 7.1.2 (2) (i). State and federal management plans consistent with the requirements of the LDC will be accepted. - . . . - . -.. - , - . : -- (7) All State and Federal parks,preserves and forests are subject to compliance with the minimum native vegetation retention requirements; however,such lands are not required to be designated as preserves, encumbered with conservation easements or subject to the establishment of preserve management plans. (8) Parcels that were legally cleared of native vegetation prior to January 1989 shall be exempt from this requirement. (9) Should the amount of wetland vegetation exceed the minimum vegetation requirements as specified herein, retention of wetland vegetation having significant habitat or hydrologic value is encouraged. Increased preservation shall be fostered through incentives including, but not limited to: clustered development, reduced development standards such as open space, setbacks, and landscape buffers, to allow for increased areas of preserved wetland vegetation. Significant habitat or hydrologic value is determined by wetland function, not the size of the wetland. (10 - _ .. . .. ' _ .. _ . -- - _ - _, tThe County shall adopt land development regulations that allow for a process whereby a property owner may submit a petition requesting that all or a portion of the native vegetation preservation retention requirement to be satisfied by a monetary payment, land donation that contains native vegetative communities equal to or of a higher priority as described in Policy 6.1.1 (4)than the land being impacted, or other appropriate method of compensation to an acceptable land acquisition program, as required by the land development regulations. The monetary payment shall be used to purchase and manage native vegetative communities off-site. The land development regulations shall provide criteria to determine when this alternative will be considered. The criteria will be based upon the following provisions: a.The amount,type,rarity and quality of the native vegetation on site; b.The presence of conservation lands adjoining the site; Words underlined are added;words stnisk4braugh are deleted. BCC ADOPTION 13 Exhibit"A" As approved by CCPC on 10-30-12 ' EAR-based GMP Amendments Conservation and Coastal Management Element—to BCC for Adoption 12-11-12 c.The presence of listed species and consideration of Federal and State agency technical assistance; d.The type of land use proposed, such as,but not limited to,affordable housing; e.The size of the preserve required to remain on site is too small to ensure that the preserve can remain functional;and f. Right of Way acquisitions for all purposes necessary for roadway construction, including ancillary drainage facilities,and including utilities within the right of way acquisition area. The land development regulations shall include a methodology to establish the monetary value, land donation, or other appropriate method of compensation to ensure that native vegetative communities not preserved on-site will be preserved and appropriately managed off-site. (11)Right of Way acquisitions by any governmental entity for all purposes necessary for roadway construction, including ancillary drainage facilities, and including utilities within the right of way acquisition area, shall be exempt from mitigation requirements. (12)Although the primary intent of this Policy is to retain and protect existing native vegetation, there are situations where the application of the retention requirements of this Policy is not possible. In these cases, creation or restoration of vegetation to satisfy all or a portion of the native vegetation retention requirements may be allowed. Within one year of the effective date of these amendments, the County shall adopt land development regulations to determine the circumstances for when creation or restoration is allowed and to specify criteria for creation and restoration. (13) The County may grant a deviation to the native vegetation retention requirements of subsections 2, 4, 5, 10, and 12 of this Policy, and - --. - - - • • = =•• •- ' - - - - __ • : . . _ . . _ _ .. _. - .- : _. . shall adopt land development regulations to set forth the process for obtaining a deviation. The regulations shall allow for the granting of a deviation by the appropriate review board after a public hearing, and for the granting of a deviation administratively. The County shall consider the amount and type of native vegetation and the presence of listed species in determining whether the granting of a deviation requires a public hearing,or may be granted administratively. The County may grant a deviation if: a. County, Federal or State agencies require that site improvements be located in areas which result in an inability to meet the provisions of this Policy,or b. On or off-site environmental conditions are such that the application of one or more provisions of this Policy is not possible or will result in a preserve area of lesser quality,or c. The strict adherence to these provisions will not allow for the implementation of other Plan policies that encourage beneficial land uses. • (14)Industrial zoned parcels which, pursuant to the table within this Policy, would have a native vegetation retention requirement of 2 acres or less shall be exempt from this requirement. This exemption shall not apply to the overall native vegetation retention requirement for a PUD or subdivision used to create these parcels, unless the overall native vegetation retention requirement for the PUD or subdivision is 2 acres or less. Policy 6.1.2• [Revised text,page 21] For the County's Rural Fringe Mixed Use District,as designated on the FLUM, native vegetation shall be preserved on site through the application of the following minimum preservation and vegetation retention standards and criteria Additionally, for the Lake Trafford/Camp Keais Strand System Words underlined are added;words are deleted. BCC ADOPTION 14 Exhibit"A" As approved by CCPC on 10-30-12 EAR-based GMP Amendments Conservation and Coastal Management Element—to BCC for Adoption 12-11-12 located within the Immokalee Urban Designated Area, native vegetation shall be preserved on site through the application of the Neutral Lands standards in "b" below, on an interim basis, until such time as a study is completed to determine if different standards are appropriate for this area. Preservation and Native Vegetation Retention Standards: a. Receiving Lands: A minimum of 40% of the native vegetation present, not to exceed 25% of the total site area shall be preserved. b. Neutral Lands: A minimum of 60% of the native vegetation present, not to exceed 45% of the total site area shall be preserved, except as provided in the North Belle Meade Overlay in the Future Land Use Element for Section 24,Township 49 South,Range 26 East. c. Non-NRPA Sending Lands: Calculated at the higher value of 80% of the native vegetation present, or as may otherwise be permitted under the Density Rating provisions of the FLUE; d. NRPA Sending Lands: Calculated at the higher value of 90% of the native vegetation present, or as may otherwise be permitted under the Density Blending provisions of the FLUE. e. Provisions a. through d. above shall also be consistent with the wetland protection policies set forth under CCME Objective 6.2. f. In order to ensure reasonable use and to protect the private property rights of owners of smaller parcels of land within lands designated Rural Fringe Mixed Use District on the Future Land Use Map, including nonconforming lots of record which existed on or before June 22, 1999,for lots,parcels or fractional units of land or water equal to or less than five(5)acres in size, native vegetation clearing shall be allowed, at 20% or 25,000 square feet of the lot or parcel or fractional unit, whichever is greater, exclusive of any clearing necessary to provide for a 15- foot wide access drive up to 660 feet in length. For lots and parcels greater than 5 acres but less than 10 acres, up to 20% of the parcel may be cleared. This allowance shall not be considered a maximum clearing allowance where other provisions of this Plan allow for greater clearing amounts. These clearing limitations shall not prohibit the clearing of brush or under- story vegetation within 200 feet of structures in order to minimize wildfire fuel sources. g. Within Receiving and Neutral lands where schools and other public facilities are co-located on a site,the native vegetation retention requirement shall be 30%of the native vegetation present, not to exceed 25%of the site. (1) For the purpose of this policy, "native vegetation" is defined as a vegetative community having 25% or more canopy coverage or highest existing vegetative strata of native plant species. The vegetation retention requirements specified in this policy are calculated on the amount of"native vegetation"that conforms to this definition. (2) The preservation of native vegetation shall include canopy, under-story and ground cover, emphasizing the largest contiguous area possible, which may include connection to offsite preserves. The purpose for identifying the largest contiguous area is to provide for a core area that has the greatest potential for wildlife habitat by reducing the interface between the preserve area and development which decreases the conflicts from other land uses. Criteria for determining the dimensional standards of the preserve are to be set out in the Land Development Code. (3) Areas that fulfill the native vegetation retention standards and criteria of this policy shall be set aside as preserve areas. On-site and off-site preserve areas shall be protected by a permanent Words underlined are added;words stFuek-through are deleted. BCC ADOPTION 15 Exhibit"A" As approved by CCPC on 10-30-12 0,%.‘„ EAR-based GMP Amendments Conservation and Coastal Management Element—to BCC for Adoption 12-11-12 conservation mechanism to prohibit further development, consistent with the requirements of this policy. The type of conservation mechanism, including conservation easements, required for a specific development may vary based on preserve area size, type of development approval, and other factors,as set forth in the County's land development regulations. (4) Selection of native vegetation to be retained as preserve areas shall reflect the following criteria in descending order of priority: a. Wetland or upland areas known to be utilized by listed species or that serve as corridors for the movement of wildlife shall be preserved and protected in order to facilitate the continued use of the site by listed species or the movement of wildlife through the site. This criterion shall be consistent with the requirements of Policy 7.1.1 and 7.1.2 of this element. b.Xeric Scrub, Dune and Strand,Hardwood Hammocks. c. Onsite wetlands preserved pursuant to Policy 6.2.5 of this Element; d.Any upland habitat that serves as a buffer to a wetland area,as identified in(4)c. above. e.Dry Prairie, Pine Flatwoods,and f. All other native habitats. (5) The uses allowable within preserve areas are limited to: a. Passive recreational uses that do not impact the minimum required vegetation or cause a loss of function to the preserve area. Criteria identifying what constitutes a loss of function shall be set forth in the land development regulations and will address various types of construction that are compatible with the function of the preserve. The land development regulations will also provide criteria to define appropriate passive recreational uses. The criteria will be established to allow for passive recreational uses such as trails or boardwalks that provide for access within the preserves,providing the uses do not reduce the minimum required vegetation or cause harm to listed species. b. Receipt of treated stormwater discharge where such use, including conveyance, treatment and discharge structures, does not result in adverse impacts on the naturally occurring, native vegetation, to include the loss of the minimum required vegetation and the harm to any listed species according to the policies associated with Objective 7.1, as determined by criteria set forth in the land development regulations. Discharge to preserves having wetlands requires treatment that will meet water quality standards as set forth in Chapter, 62-302 F.A.C. and will conform to the water quality criteria requirements set forth by the South Florida Water Management District. (6) A management plan shall be submitted for all preserve areas identified by specific criteria in the land development regulations to identify actions that must be taken to ensure that the preserved areas will function as proposed. The plan shall include methods to address control and treatment of invasive exotic species,fire management, stormwater management(if applicable), and maintenance of permitted facilities. if applicable, a listed species monitoring program shall be submitted pursuant to Policy 7.1.2 (2)(i). (7) Off-site preservation shall be allowed to provide flexibility in the project design. a. Within Receiving and Neutral Lands,off-site preservation shall be allowed for up to 50%of the vegetation retention requirement. 1. Off-site preservation areas shall be allowed at a ratio of 1:1 if such off-site preservation is located within designated Sending Lands or at a ratio of 1.5:1 anywhere else. 2. Like for like preservation shall be required for Tropical Hardwood and Oak Hammock vegetative communities. Words underlined are added;words are deleted. BCC ADOPTION 16 Exhibit"A" As approved by CCPC on 10-30-12 EAR-based GMP Amendments Conservation and Coastal Management Element—to 8CC for Adoption 12-11-12 b. Within non-NRPA Sending Lands, off-site preservation shall be allowed for up to 25% of the site preservation or vegetative retention requirement,whichever is controlling. 1. Off-site preservation areas shall be contiguous to designated Sending Lands and shall be allowed at a ratio of 3:1. c. Off-site preservation shall not be allowed in NRPA Sending Lands. (8) Density Bonus Incentives shall be granted to encourage preservation amounts greater than that required in this policy, as provided for in the FLUE for Receiving Lands and Rural Villages. Within one (1) year of the effective date of these amendments, Collier County shall adopt specific land development regulations to implement this incentive program. (9) On-site preservation areas shall also conform to the Open Space requirements as specified in the Future Land Use Element. These preservations shall be part of and counted towards the Open Space requirements. (10)Existing native vegetation that is located contiguous to the natural reservation shall be preserved pursuant to Policy 6.5.2 of this element. Natural reservation is defined as that specified in CCME Objective 6.5 of this element; (11)Should the amount of wetland vegetation exceed the minimum vegetation requirements as specified herein, retention of wetland vegetation having significant habitat or hydrologic value is encouraged. Increased preservation shall be fostered through incentives including,but not limited to: clustered development, reduced development standards such as open space, setbacks, and landscape buffers, to allow for increased areas of preserved wetland vegetation. Significant habitat or hydrologic value is determined by wetland function,not the size of the wetland. (12)All State and Federal parks, preserves and forests are subject to compliance with the minimum native vegetation retention requirements; however, such lands are not required to be designated as preserves, encumbered with conservation easements or subject to the establishment of preserve management plans. (13)Industrial zoned parcels which, pursuant to the table within Policy 6.1.1, would have a native vegetation retention requirement of 2 acres or less shall be exempt from this requirement. This exemption shall not apply to the overall native vegetation retention requirement for a PUD or subdivision used to create these parcels,unless the overall native vegetation retention requirement for the PUD or subdivision is 2 acres or less. *** *** *** *** *** text break *** *** *** *** *** Policy 61.6: [Revised text,page 24] 41- '. '- _. . The minimum native vegetation retention requirements of Policy 6.1.2 shall not apply to, affect or limit the continuation of existing uses. Existing use shall be defined as: those uses for which all required permits were issued prior to June 19,2002; or,projects for which a Conditional Use or-Rezene-petition was approved by the County prior to June 19, 2002; or, projects for which a Rezone petition has been approved by the County prior to June 19,2002—inclusive of all lands not zoned A.Rural Agricultural: A., land use petitions for which a completed application was submitted prior to June 19, 2002. The continuation of existing uses shall include on-site expansions of those uses if such expansions are consistent with,or clearly ancillary to,the existing uses. Hereafter, such previously approved developments shall be deemed to be consistent with the Plan's Goals, Policies and Objectives for the Rural Fringe area, and they may be built out in accordance with Words underlined are added;words are deleted. BCC ADOPTION 17 Exhibit'A" As approved by CCPC on 10-30-12 EAR-based GMP Amendments Conservation and Coastal Management Element—to BCC for Adoption 12-11-12 their previously approved plans. Changes to these previous approvals shall also be deemed to be consistent with the Plan's Goals, Objectives and Policies for the Rural Fringe Area as long as they do not result in an increase in development density or intensity. On the County owned land located in Section 25, Township 26 E, Range 49 S (+/-360 acres),the native vegetation retention and site preservation requirements may be reduced to 50%if the permitted uses are restricted to the portions of the property that are contiguous to the existing land fill operations; exotic removal will be required on the entire+/-360 acres. *** *** *** *** *** text break *** *** *** *** *** OBJECTIVE 6.2: [Revised text,page 25] Protect and conserve wetlands and the natural functions of wetlands pursuant to the•appropriate policies under Goal 6. -- - - •- _ • • - - • - - • - - -- • - .- , • -- • - (The County's wetland protection policies and strategies shall be coordinated with the Watershed Management Plans as required by Objective 2.1 of this Element,) Policy 6.2.1: [Revised text,page 26] .' _, _ - -• • .,_ .! ! ; , Wetlands identified by the 1 991 95 the current SFWMD land use and land cover inventory are mapped on the Future Land Use Map series. For a proposed project identified on this map series, "-_ _ • --•- -- - • •- • • - the exact location of jurisdictional wetland boundaries shall be verified by a jurisdictional field delineation, subject to Policy 6.2.2 of this Element,at the time of Environmental Resource Permitting. *** *** *** *** *** text break *** *** *** *** *** Policy 6.2.4: [Revised text,page 29] Within the Urban Designated area, the County shall rely on the wetland jurisdictional determinations and permit requirements issued by the applicable jurisdictional agency, except for wetlands that are part of a Watershed Management Plan preserve area. The County shall direct impacts away from such wetlands. This policy shall be implemented as follows: *** *** *** *** *** text break *** *** *** *** *** (2) The County shall require the appropriate jurisdictional permit prior to commencement of development - - - • .. . _: - - - -- _ - -.: ._--- • - -• except in the case of single-family residences, which are not part of an approved development or are not platted, unless the residences are within a watershed management conservation area identified in a Watershed Management Plan developed pursuant to policies supporting Objective 2.1 of this Element, in which case the appropriate jurisdictional permit is required prior to•commencement of development • -- - • . ••• - = -- • -- :-- .: • - impfevements. *** *** *** *** *** text break *** *** *** *** *** Words underlined are added;words siciasMreagb are deleted. BCC ADOPTION 18 • Exhibit"A" As approved by CCPC on 10-30-12 EAR-based GMP Amendments Conservation and Coastal Management Element—to BCC for Adoption 12-11-12 Policy 6.2.5: [Revised text,page 29] Within the Rural Fringe Mixed Use District, and that portion of the Lake Trafford/Camp Keais Strand System which is contained within the Immokalee Urban Designated Area, Collier County shall direct land uses away from higher functioning wetlands by limiting direct impacts within wetlands based upon the vegetation requirements of Policy 6.1.2 of this element,the wetland functionality assessment described in paragraph (2) below, and the final permitting requirements of the South Florida Water Management District. A direct impact is hereby defined as the dredging or filling of a wetland or adversely changing the hydroperiod of a wetland. This policy shall be implemented as follows: (1) The County shall apply the vegetation retention requirements of Policy 6.1.2 of this element for the Rural Fringe Mixed Use District, and Policy 6.1.2.b. of this element for the Lake Trafford/Camp Keais Strand System, in order to preserve an appropriate amount of native vegetation on site.Wetlands shall be preserved as part of this vegetation requirement according to the following criteria: a. The acreage requirements of Policy 6.1.2 of this element shall be met by preserving wetlands with the highest wetland functionality scores. Wetland functionality assessment scores shall be those described in paragraph (2) of this policy. Wetlands having a WRAP score of at least 0.65 or a Uniform Wetland Mitigation Assessment Method score of 0.7 shall be preserved on site. This policy is not intended in all cases to require preservation of wetlands exceeding the acreage required by Policy 6.1.2 of this element. Within one year, the County shall develop specific criteria to be used to determine when wetlands having a WRAP score greater than 0.65 or a Uniform Wetland Mitigation Assessment Method score of greater than 0.7 shall be required to be retained exceeding the acreage required by Policy 6.1.2 of this element. (2) In order to assess the values and functions of wetlands at the time of project review, applicants shall rate functionality of wetlands using the South Florida Water Management District's Wetland Rapid Assessment Procedure(WRAP),as described in Technical Publication Reg-001, dated September 1997, and updated August 1999, or the Uniform Wetland Mitigation Assessment Method, F.A.C. Chapter 62-345. The applicant shall submit to County staff, agency accepted WRAP scores or Uniform Wetland Mitigation Assessment Method scores. County staff shall review this functionality assessment as part of the County's EIS provisions and shall use the results to direct incompatible land uses away from the highest functioning wetlands according to the requirements found in paragraph (1)above. (3)All direct impacts shall be mitigated for pursuant to the requirements of paragraph (6) of this policy. (4) Single family residences shall follow the requirements contained within Policy 6.2.7 of this element. (5) The County shall separate preserved wetlands from other land uses with appropriate buffering requirements. The County shall require a minimum 50-foot vegetated upland buffer adjacent to a natural water body, and for other wetlands a minimum 25-foot vegetated upland buffer adjacent to the wetland.A structural buffer may be used in conjunction with a vegetative buffer that would reduce the vegetative buffer width by 50%. A structural buffer shall be required adjacent to wetlands where direct impacts are allowed. Wetland buffers shall conform to the following standards: a. The buffer shall be measured landward from the approved jurisdictional line. Words underlined are added;words ugh are deleted. BCC ADOPTION 19 Exhibit"A" As approved by CCPC on 10-30-12 Adesstk • EAR-based GMP Amendments Conservation and Coastal Management Element—to BCC for Adoption 12-11-12 b. The buffer zone shall consist of preserved native vegetation. Where native vegetation does not exist, native vegetation compatible with the existing soils and expected hydrologic conditions shall be planted. c. The buffer shall be maintained free of Category I invasive exotic plants, as defined by the Florida Exotic Pest Plant Council. d. The following land uses are considered to be compatible with wetland functions and are allowed within the buffer: 1. Passive recreational areas,boardwalks and recreational shelters; 2.Pervious nature trails; 3. Water management structures; 4. Mitigation areas; 5. Any other conservation and related open space activity or use which is comparable in nature with the foregoing uses. e. A structural buffer may consist of a stem-wall, berm, or vegetative hedge with suitable fencing. (6) Mitigation shall be required for direct impacts to wetlands in order to result in no net loss of wetland functions. a.Mitigation Requirements: 1. "No net loss of wetland functions" shall mean that the wetland functional score of the proposed mitigation equals or exceeds the wetland functional score of the impacted wetlands. However, in no case shall the acreage proposed for mitigation be less than the acreage being impacted. Amok 2. Loss of storage or conveyance volume resulting from direct impacts to wetlands shall be compensated for by providing an equal amount of storage or conveyance capacity on site and within or adjacent to the impacted wetland. 3. Protection shall be provided for preserved or created wetland or upland vegetative communities offered as mitigation by placing a conservation easement over the land in perpetuity, providing for initial exotic plant removal (Class I invasive exotic plants defined by the Florida Exotic Pest Plant Council) and continuing exotic plant maintenance. 4. Prior to issuance of any final development order that authorizes site alteration, the applicant shall demonstrate compliance with paragraphs(6)a.1,(6)a.2,and(6)a.3 of this policy. If agency permits have not provided mitigation consistent with this policy, Collier County will require mitigation exceeding that of the jurisdictional agencies. 5. Mitigation requirements for single-family lots shall be determined by the State and Federal agencies during their permitting process,pursuant to the requirements of Policy 6.2.7 of this element b. Mitigation Incentives: 1. Collier County shall encourage certain types of mitigation by providing a variety of incentives in the form of density bonuses and credits to open space and vegetation retention requirements. Density bonuses shall be limited to no more than 10% of the allowed density. 2. Preferred mitigation activities that would qualify for these incentives include, but are not limited,to the following: (a)Adding wetland habitat to or restoring wetland functions within Rural Fringe Mixed Use District Sending Lands, Words underlined are added;words staieli-tiffetigh are deleted, BCC ADOPTION 20 Exhibit"A" As approved by CCPC on 10-30-12 EAR-based GMP Amendments Conservation and Coastal Management Element—to BCC for Adoption 12-11-12 (b) Creating, enhancing or restoring wading bird habitat to be located near wood stork, and/or other wading bird colonies. - *** *** *** *** *** text break *** *** *** *** *** Policy 6.2.7: [Revised text,page 33] Within the Estates Designated Area and the Rural Settlement Area, the County shall rely on the wetland jurisdictional determinations and permit requirements issued by the applicable jurisdictional agency, except for wetlands that are part of a Watershed Management Plan preserve area. The County shall direct impacts away from such wetlands. This policy shall be implemented as follows: (1) For single-family residences within Southern Golden Gate Estates or within the Big Cypress Area of Critical State Concern, the County shall require the appropriate federal and state wetland-related permits prior to commencement of development burg-perms. (2) Outside of Southern Golden Gate Estates and the Big Cypress Area of Critical State Concern, Collier County shall inform applicants for individual single-family building permits that federal and state wetland permits may be required prior to commencement of development oonstrustiork unless the proposed residence is within a watershed management conservation area identified in a Watershed Management Plan developed pursuant to policies supporting Objective 2.1 of this Element, in which case the appropriate jurisdictional permit is shall be required prior to commencement of development . The County shall also notify the applicable federal and state agencies of single-family building permits applications in these areas. (3) Within North Golden Gate Estates and the Rural Settlement Area, Collier County shall incorporate certain preserved and/or created wetlands and associated uplands into the County's approved watershed management plans, as per Objective 2.1 of this Element. The size and location of wetlands incorporated into the watershed management plans will be based upon the approved requirements for such plans. The County may issue single-family building permits within or adjacent to such wetlands, subject to appropriate mitigation requirements, which preserve the functionality of the wetland within the applicable watershed management plan. For a proposed residence which is to be located within a watershed management conservation area identified in a Watershed Management Plan developed pursuant to policies supporting Objective 2.1 of this Element, the appropriate jurisdictional permit is shall be required prior to commencement of development . (4) Collier County shall continue to work with federal and state agencies to identify properties that have a high probability of wetlands and animal listed species occurrence. The identification process will be based on hydric soils data and other applicable criteria. Once this identification process is complete, the County will determine if the process is sufficiently accurate to require federal and state wetland approvals prior to commencement of development th •, •- - - - .. : . The County shall use information on wetland and/or listed Words underlined are added;words stsuek-tiweiAgh are deleted. BCC ADOPTION 21 Exhibit"A" As approved by CCPC on 10-30-12 EAR-based GMP Amendments Conservation and Coastal Management Element—to BCC for Adoption 12-11-12 species occurrence to inform property owners of the potential existence of wetlands and/or listed species on their property. *** *** *** *** *** text break *** *** *** *** *** GOAL 7: [Revised text,page 35] TO PROTECT AND CONSERVE 11T2S THE COUNTY'S FISHERIES AND WILDLIFE. OBJECTIVE 7.1: [Revised text,page 35] Tie-CetiftPfshall-dDirect incompatible land uses away from listed animal species and their habitats. (The County relies on the listing process of State and Federal agencies to identify species that require special protection because of their endangered, threatened, or species of special concern status. Listed animal species are those species that the Florida Fish and Wildlife Conservation Commission has designated as endangered, threatened, or species of special concern, in accordance with Rules 68A- 27.003, 68A-27.004, and 68A-27.005, F.A.C. and those species designated by various federal agencies as Endangered and Threatened species published in 50 CFR 17.) *** *** *** *** *** text break *** *** *** *** *** Policy 7.1.2 [Revised text,page 36] Within areas of Collier County, excluding the lands contained in the RLSA Overlay, non-agricultural development, excluding individual single family residences, shall be directed away from listed species and their habitats by complying with the following guidelines and standards: (1) A wildlife survey shall be required for all parcels when listed species are known to inhabit biological communities similar to those existing on site or where listed species are directly observed on the site. The survey shall be conducted in accordance with the requirements of the Florida Fish and Wildlife Conservation Commission (FFWCC) and U.S. Fish and Wildlife Service (USFWS) guidelines. The County shall notify the FFWCC and USFWS of the existence of any listed species that may be discovered. (2) Wildlife habitat management plans for listed species shall be submitted for County approval. A plan shall be required for all projects where the wildlife survey indicated listed species are utilizing the site, or the site contains potential habitat for listed species. These plans shall describe how the project directs incompatible land uses away from listed species and their habitats. (a) Management plans shall incorporate proper techniques to protect listed species and their habitat from the negative impacts of proposed development. Developments shall be clustered to discourage impacts to listed species habitats. Open space and vegetation preservation requirements shall be used to establish buffer areas between wildlife habitat areas and areas dominated by human activities. Provisions such as fencing, walls, or other obstructions shall be provided to minimize development impacts to the wildlife and to facilitate and encourage wildlife to use wildlife corridors. Appropriate roadway crossings, underpasses, and signage shall be used where roads must cross wildlife corridors 1. Management guidelines contained in publications utilized by the FFWCC and USFWS as their technical assistance shall be used for developing required management plans. The .. . , - _ .,. - . ' - -_- _ - _ - _ . . -- .•• Words underlined are added;words stresii-thFaugh are deleted. BCC ADOPTION 22 Exhibit"A° As approved by CCPC on 10-30-12 EAR-based GMP Amendments Conservation and Coastal Management Element—to BCC for Adoption 12-11-12 : _ - - 1987. - = = - _ : _. A • _ -- .. _ .. - . - -. _. _ • , . . _ . -- -• - I : - - _ -- - -- • . - -• 2. The County shall consider any other techniques recommended by the USFWS and the FFWCC, subject to the provisions of paragraph(3)of this policy. 3. When listed species are directly observed on site or indicated by evidence, such as denning, foraging or other indications,priority shall be given to preserving the listed species habitats first, as a part of the retained native vegetation requirement contained in Policy 6.1.1 and Policy 6.1.2 this element. The County shall also consider the recommendations of other agencies, subject to the provisions of paragraph(3)of this policy. (b) For parcels containing gopher tortoises (Gopherus polyphemus), priority shall be given to protecting the largest most contiguous gopher tortoise habitat with the greatest number of active burrows,and for providing a connection to off site adjacent gopher tortoise preserves. (c) Habitat preservation for the Florida scrub jay (Aphelocoma coerulescens) shall conform to the guidelines contained in Technical Report No. 8, Florida Game and Fresh Water Fish Commission, 1991. The required management plan shall also provide for a maintenance program and specify an appropriate fire or mechanical protocols to maintain the natural scrub community. The plan shall also outline a public awareness program to educate residents about the on-site preserve and the need to maintain the scrub vegetation. These requirements shall be consistent with the UFWS South Florida Multi-Species Recovery Plan, May 1999, subject to the provisions of paragraph(3)of this policy. (d) For the bald eagle (Haliaeetus leucocephalus), the required habitat management plans shall establish protective zones around the eagle nest restricting certain activities. The plans shall also address restricting certain types of activities during the nesting season. These requirements shall be consistent with the UFWS South Florida Multi-Species Recovery Plan, May 1999, subject to the provisions of paragraph(3)of this policy. (e) For the red-cockaded woodpecker(Picoides borealis),the required habitat protection plan shall outline measures to avoid adverse impacts to active clusters and to minimize impacts to foraging habitat. Where adverse effects cannot be avoided, measures shall be taken to minimize on-site disturbance and compensate or mitigate for impacts that remain. These requirements shall be consistent with the UFWS South Florida Multi-Species Recovery Plan, May 1999,subject to the provisions of paragraph(3)of this policy. (f) In areas where the Florida black bear (Ursus americanus floridanus) may be present, the management plans shall require that garbage be placed in bear-proof containers,at one or more central locations. The management plan shall also identify methods to inform local residents of the concerns related to interaction between black bears and humans. Words underlined are added;words struck-t1h are deleted. BCC ADOPTION 23 Exhibit"A" As approved by CCPC on 10-30-12 EAR-based GMP Amendments Conservation and Coastal Management Element—to BCC for Adoption 12-11-12 (g) For projects located in Priority I and Priority II Panther Habitat areas, the management plan shall discourage the destruction of undisturbed, native habitats that are preferred by the Florida panther (Felis concolor coryi) by directing intensive land uses to currently disturbed areas. Preferred habitats include pine flatwoods and hardwood hammocks. In turn, these areas shall be buffered from the most intense land uses of the project by using low intensity land uses(e.g., parks, passive recreational areas, golf courses). Golf courses within the Rural Fringe Mixed Use District shall be designed and managed using standards found in that district. The management plans shall identify appropriate lighting controls for these permitted uses and shall also address the opportunity to utilize prescribed burning to maintain fire-adapted preserved vegetative communities and provide browse for white-tailed deer. These requirements shall be consistent with the UFWS South Florida Multi-Species Recovery Plan, May 1999,subject to the provisions of paragraph(3)of this policy. (h)In order to protect loggerhead (Caretta caretta) and other listed sea turtles that nest along Collier County beaches, projects within 300 feet of the MHW line shall limit outdoor lighting to that necessary for security and safety. Floodlights and landscape or accent lighting shall be prohibited. These requirements shall be consistent with the UFWS South Florida Multi-Species Recovery Plan,May 1999, subject to the provisions of Policy 7.1.2(3). (i)The Management Plans shall contain a monitoring program for developments greater than 10 acres. (3) The County shall, consistent with applicable GMP policies, consider and utilize recommendations and letters of technical assistance from the Florida Fish and Wildlife Conservation Commission and recommendations from the US Fish and Wildlife Service in issuing development orders on property containing listed species. It is recognized that these agency recommendations, on a case by case basis,may change the requirements contained within these wildlife protection policies and any such change shall be deemed consistent with the Growth Management Plan. Policy 7.1.3 [Revised text,page 38] - .-- • e - Listed species within the Rural Lands Stewardship Area (RLSA) shall be protected pursuant to the RLSA Overlay PrIzSA policies found within the Future Land Use Element. *** *** *** *** *** text break *** *** *** *** *** Policy 7.1.6•. [Revised text,page 381 The County shall continue to evaluate the need for the protection of listed plants and within-one-0i .• . - _ __ • _ .. _ . . . _ - adopt land development regulations,as needed,aekifeasing the to protection-of listed plants. OBJECTIVE 7.2 [Revised text,page 38] _. _... . . . _ . . . . • .. . .- . . , •- - •- .. • - • - _ - - !,!!! - - - •- • - - . ' .- ' _ ' . --Minimize the number of manatee deaths due to boat related incidents. (Historical data from 1990-1996 shows that the average number of manatee deaths in Collier County, due to incidents with watercraft, is approximately 3.2 per year per 10,000 boats.) *** *** *** *** *** text break *** *** *** *** *** Words underlined are added;words are deleted. BCC ADOPTION 24 Exhibit"A" As approved by CCPC on 10-30-12 EAR-based GMP Amendments Conservation and Coastal Management Element—to BCC for Adoption 12-11-12 OBJECTIVE 7.3: [Revised text,page 39] ' - - .._ SCI - - - • - ' --Minimize the number of sea turtle disorientations. (Analysis of historical data from 2005 — 2009 shows that the average number of sea turtle disorientations is approximately equal to 4%of the hatchlings from all nests in the County.) Policy 7.3.1: [Revised text,page 39] The County shall apply the lighting criteria contained in Policy 7.1.2(2)(i)LI of this eElement in order to protect sea turtle hatchlings from adverse lighting conditions. *** *** *** *** *** text break *** *** *** *** *** OBJECTIVE 7.4: [Revised text,page 39] _ontinue to improve marine fisheries productivity by enhancing existing artificial reefs and building additional artificial reefs. Policy 7.4.1: [Revised text,page 39] The County should shall continue to apply for reef construction grants and/or other available or similar funding and annually place more materials on the existing permitted sites. *** *** *** *** *** text break *** *** *** *** *** GOAL 9: [Revised text,page 41] TO APPROPRIATELY MANAGE HAZARDOUS MATERIALS AND WASTE TO PROTECT THE COUNTY'S POPULOUS AND NATURAL RESOURCES AND TO ENSURE THE HIGHEST ENVIRONMENTAL QUALITY. OBJECTIVE 9.1: [Revised text, page 41] Maintain and update biennially a hazardous materials emergency response element as part of its the County's Comprehensive Emergency Management Plan. *** *** *** *** *** text break *** *** *** *** *** Policy 9.1.6: [Revised text,page 41] An emergency response training program shall be developed maintained for emergency response personnel. Policy 9.1.7: [Revised text,page 41] The Collier County Bureau of Emergency Services shall be responsible for developing, implementing, and evaluating the effectiveness of the Comprehensive Emergency Management Pplan, including periodic updates. OBJECTIVE 9.2: [Revised text,page 41] The- Count. shall —Verify the management and disposal practices of identified businesses that are potential generators of hazardous waste,at a rate of 20%of these businesses per year. Words underlined are added;words are deleted. BCC ADOPTION 25 Exhibit"A" As approved by CCPC on 10-30-12 EAR-based GMP Amendments Conservation and Coastal Management Element—to BCC for Adoption 12-11-12 *** *** *** *** *** text break *** *** *** *** *** Policy 9.2.3: [Revised text.oaee 421 The Collier County Pollution Control ~d Prevention Department shall work ,i+'- `he Florida . _ • . _ .. ' . ._- _• _ = maintain its a cooperative agreement with the Florida Department of Environmental Protection . Tie-puppese to ensure regulatory oversight in enforcing businesses to be compliant with federal, state and local hazardous waste management regulations. *** *** *** *** *** text break *** *** *** *** *** OBJECTIVE 9.4: [Revised text,page 42] - . .- . . , -: _ - • '• Maintain the County's local storage tank compliance program. *** *** *** *** *** text break *** *** *** *** *** Policy 9.4.3: [Revised text,page 42] All storage tank systems in Gather the County shall adhere to the provisions of Section 62-761 or 62- 762, Florida Administrative Code(F.A.C.)as applicable. - - - .- • - • . - • - --- . , . .. . _ .. •- - --- . , *** *** *** *** *** text break *** *** *** *** *** GOAL 10: [Revised text,page 43] TO PROTECT, CONSERVE, MANAGE, AND APPROPRIATELY USE ITS THE COUNTY'S COASTAL BARRIERS INCLUDING SHORELINES, BEACHES AND DUNES AND WILL PLAN FOR, AND WHERE APPROPRIATE, WILL RESTRICT ACTIVITIES WHERE SUCH ACTIVITIES WILL DAMAGE OR DESTROY COASTAL RESOURCES. OBJECTIVE 10.1: [Revised text, page 43] Priorities for shoreline land use shall be given to water dependent uses over water related land uses and shall be based on type of water-dependent use, adjacent land use, and surrounding marine and upland habitat considerations. IThe Collier County Manatee Protection Plan (NR-SP-93-01) May 1995 restricts the location of marinas and may limit the number of wet slips,the construction of dry storage facilities,and boat ramps,based upon the Plan's marina siting criteria.) Policy 10.1.1: [Revised text,page 43] The County shall Pprioritizees for water-dependent and water-related uses as follows shall-be: a. Public recreational facilities over private recreational facilities; b. Public$boat I ramps; c. Marinas •+ Words underlined are added;words are deleted. BCC ADOPTION 26 Exhibit"A" As approved by CCPC on 10-30-12 EAR-based GMP Amendments Conservation and Coastal Management Element—to BCC for Adoption 12-11-12 1. Commercial(public)marinas over private marinas; 2. Dry storage over wet storage; d. Commercial fishing facilities; e. Other non-polluting water-dependent industries or utilities; f. Marine supply/repair facilities; g. Residential development. Policy 10.1.2: [New text,page 43] Identify recreational and commercial working waterfronts and then investigate strategies for possible implementation.as feasible,to ensure protection and preservation of those waterfronts. Policy 10.1.33: [Renumbered text,page 43] Policy 10.1.34: [Renumbered text,page 43] Policy 10.1.45: [Renumbered text,page 43] Policy-1044i [Deleted text,page 44] • . . [Deleted text,page 44] Policy 10.1.76: [Renumbered text,page 44] OBJECTIVE 10.2: [Revised text,page 44] -- .. . .. . : 'Ensure that access to beaches, shores and waterways remain available to the public and continue with i the County's program to expand the availability of such access and a method to fund its acquisition. Policy 10.2.1: [Revised text,page 44] Existing a public to-the beach access shall be maintained by new development. New beachfront development shall show on their site-plans existing beach access ways and the proposed development shall continue that access way, relocate it on the site as deemed appropriate by the County,or donate it to the County. *** *** *** *** *** text break *** *** *** *** *** OBJECTIVE 10.3: [Revised text,page 45] Maintain 4undeveloped coastal barriers, mapped as part of the Federal Coastal Barrier Resources System, predominantly in their natural state and protect, maintain and enhance their natural function . ._ . . __ _:, -- . -_. .. . - .. _- . Words underlined are added;words smack- gb are deleted. BCC ADOPTION 27 Exhibit"A" As approved by CCPC on 10-30-12 EAR-based GMP Amendments Conservation and Coastal Management Element—to BCC for Adoption 12-11-12 *** *** *** *** *** text break *** *** *** *** *** OBJECTIVE 10.4: [Revised text, page 46] . : - .. . _ . . _ •- _ --. -_ -- - •__ •_ : • Restored and then maintained, when appropriate., developed coastal barriers and developed shorelines, by establishing mechanisms or projects which limit the effects of development and a restoresatierref the natural functions of coastal barriers,including and-affected beaches and dunes. *** *** *** *** *** text break *** *** *** *** *** OBJECTIVE 10.5: [Revised text,page 48] For undeveloped shorelines, provide improved opportunities for recreational, educational, scientific, and aesthetic enjoyment of coastal resources. This shall be accomplished by protecting beaches and dunes and by utilizing existing construction standards,, or where necessary, establishing new construction standards, which will minimize the impact of manmade structures on the beach and dune systems. *** *** *** *** *** text break *** *** *** *** *** OBJECTIVE 10.6: [Revised text,page 49] Conserve the habitats, species,natural shoreline and dune systems contained within the County's coastal zone. *** *** *** *** *** text break *** *** *** *** *** Policy 10.6.2: [Revised text,page 50] The owners of POF shoreline development projects where that require an EIS shall provide an analysis shad that demonstrates that the project will remain fully functional for its intended use after a six-inch rise in sea level. *** *** *** *** *** text break *** *** *** *** *** GOAL 12: [Revised text,page 52] THE T-Hrs--C-OUNT-Y--81441T2E, TO MAKE EVERY REASONABLE EFFORT TO ENSURE THE PUBLIC SAFETY, HEALTH AND WELFARE OF PEOPLE AND PROPERTY FROM THE EFFECTS OF HURRICANE STORM DAMAGE. OBJECTIVE 12.1: [Revised text,page 52] Th County wil mMaintain hurricane evacuation clearance times as required by state law. An evacuation clearance time shall be defined as having residents and visitors in an appropriate refuge away from storm surge prior to the arrival of sustained Tropical Storm force winds, i.e.,winds equal to or greater than 39 mph. To further thisese objectives, for future mobile home developments located outside of the storm surge zone, such development shall include on-site sheltering or retro-fitting of an adjacent facility. The Collier County Bureau of Emergency Services shall Words underlined are added;words are deleted. BCC ADOPTION 28 Exhibit"K As approved by CCPC on 10-30-12 EAR-based GMP Amendments Conservation and Coastal Management Element—to BCC for Adoption 12-11-12 seek opportunities to increase shelter facilities and associated capacities under the direction of the Department of the Florida Division of Emergency Management. Policy 12.1.1: [Revised text,page 52] Collier The County will shall develop continue to enhance and maintain a comprehensive public awareness program. The program will be publicized prior to May 30th of each year. Evacuation zones, public shelters and evacuation routes shall be pfieted-in.provided to each local newspaper,displayed on the Collier County Bureau of Emergency Services' Management website, and the availability of this information will be discussed on local television newscasts. This information shall also be made readily available to all hotel/motel guests. *** *** *** *** *** text break *** *** *** *** *** Policy 12.1.3: [Revised text,page 52] The County shall continue to identify and maintain shelter space for 32,000 persons by 201206 and 45,000 by 201544. Shelter space capacity sh441 shall be determined at the rate of 20 square feet per person. *** *** *** *** *** text break *** *** *** *** *** Policy 12.1.5: [Revised text,page 52] On-site shelters within mobile home parks or mobile home subdivisions shall be elevated to a minimum height equal to or above the worst case Category 3 hurricane flooding level, based upon the most current National Oceanic and Atmospheric Administration's storm surge model, known as Sea, Lake, and Overland Surges from Hurricanes (SLOSH). The wind load criteria for buildings and structures designated as"essential facilities" in the latest Florida Building Code, shall guide the design and construction of the required shelters. Shelters shall be constructed with emergency electrical power and potable water supplies; shall provide glass protection by shutters or other approved material/device; and shall provide for ventilation, sanitary facilities and first aid equipment. A telephone, automatic external defibrillator (AED) and battery-operated radio with NOAA weather Specific Area Message Encoded capability are also required within the shelter. *** *** *** *** *** text break *** *** *** *** *** Policy 12.1.7: [Revised text,page 53] The County, in coordination with the municipalities within the County, shall update the hurricane evacuation portion of the Collier County Comprehensive Emergency Management Plan prior to June 1s` of each year by integrating all appropriate regional and State emergency plans in the identification of emergency evacuation routes. *** *** *** *** *** text break *** *** *** *** *** Policy 12.1.9: [Revised text,page 53] Collier The County through its Local Mitigation Working Group shall annually update its approved gazafe. Local Mitigation Strategy Plan; = . . " .- . - "-.-. - •._.. . •_ •_ • _ . . : " Words underlined are added;words are deleted. BCC ADOPTION 29 Exhibit"A" As approved by CCPC on 10-30-12 EAR-based GMP Amendments Conservation and Coastal Management Element—to BCC for Adoption 12-11-12 through the identification and review of new or ongoing local hazard mitigation projects and including, identifying the appropriate funding sources for such projects. *** *** *** *** *** text break *** *** *** *** *** Policy 12.1.11: [Revised text,page 53] The County will shall continue to coordinate with Collier County Public Schools to ensure that all new public schools outside of the Coastal High Hazard Area are designed and constructed to meet the Public Shelter Design Criteria, as contained in "State Requirements for Educational Facilities" (4-999 2007). Policy 12.1.12: [Revised text,page 53] The County will shall continue to work with the Board of Regents of the State University System to ensure that all new facilities in the State University System that are located outside of the Coastal High Hazard Area are designed and constructed to meet the Public Shelter Design Criteria, as contained in "State Requirements for Educational Facilities"(1999 2007)and the Florida Building Code. Policy 12.1.13: [Revised text,page 53] The County will shall continue to mitigate previously identified shelter deficiencies through mitigation from Developments of Regional Impact, Emergency Management Preparedness and Enhancement grants, Hazard Mitigation and Pre-disaster Mitigation Grant Programs funding, and from available funds identified in the State's annual shelter deficit studies. . . - [Deleted text,page 53] Policy 12.1.145: [Revised text,page 55] All new nursing homes and assisted living facilities that are licensed for o-e then '5 clients will shall have a core area to shelter residents and staff on site. The core area will be constructed to meet the Public Shelter Design Criteria that is required for new public schools and public community colleges and universities ("State Requirements for Educational Facilities," 2007 4999). Additionally this area shall be capable of ventilation or air conditioning provided by back-up generator for a period of no less than 48 72 hours. *** *** *** *** *** text break *** *** *** *** *** Policy 12.1.167: [Revised text,page 54] - , . ' t, . .- - _ . - . . . - - . _... - . . . If warranted by the results of Hurricane Evacuation Studies that are periodically conducted by the State of Florida and/or Federal Authorities,further restriction on development may be proposed. OBJECTIVE 12.2: [Revised text, page 54] The-Eeunty-sha eEnsure 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 Words underlined are added;words are deleted. BCC ADOPTION 30 Exhibit"A" As approved by CCPC on 10-30-12 EAR-based GMP Amendments Conservation and Coastal Management Element—to BCC for Adoption 12-11-12 re-building cost from the effects from hurricanes, flooding, natural and technological disaster events. Best practice efforts may include,but are not limited to: a. Construction above the flood plain; b. maintaining a protective zone for wildfire mitigation; c. installation of on-site permanent generators or temporary generator emergency connection points; d. beach and dune restoration,re-nourishment,or emergency protective actions to minimize the loss of structures from future events; e. emergency road repairs; f. repair and/or replacement of publicly owned docking facilities,parking areas, and sea walls,etc. *** *** *** *** *** text break *** *** *** *** *** Policy 12.2.5: [Revised text,page 55] The County shall consider the Coastal High Hazard Area as a geographical area lying below the elevation of within the Category 1 storm surge line zone as presently defined in the 2011 289.1- Southwest Florida Regional Planning Council's Hurricane Evacuation Study, or subsequently authorized storm surge or evacuation planning studies coordinated by the Collier County Emergency Management Department and approved by the Board of County Commissioners. *** *** *** *** *** text break *** *** *** *** *** OBJECTIVE 12.3: [Revised text,page 55] Tho County shall dDevelop and maintain a task force that will plan and guide a unified County response to post-hurricane disasters. *** *** *** *** *** text break *** *** *** *** *** Policy 12.3.2: [Revised text,page 55] • -•• - •. • -- ••• -- • - - .-. . •: -, tThe Board of County Commissioners shall meet to hear preliminary damage assessments after a hurricane that has necessitated an evacuation. This-wilt -= -- : - : - • • . - .--. . . At that time, the Commission will may activate the recovery task force and consider a temporary moratorium on building activities not necessary for the public health, safety and welfare. Policy 12.3.3: [Revised text,page 55] The Recovery Task Force shall include the Sheriff , the Geinntunitlaevelepinent Growth Management Division Administrator, the Comprehensive Land Development Services Review Director, the Bureau of Emergency Services Management Director and other members as directed by the Board of County Commissioners, such as.r-The-BeaFd-sheaki-also-ittelude representatives from municipalities within Collier the County that have received damage from the a storm use. *** *** *** *** *** text break *** *** *** *** *** OBJECTIVE 12.4: [Revised text,page 56] Words underlined are added;words struck threes are deleted. BCC ADOPTION 31 Exhibit"A" As approved by CCPC on 10-30-12 EAR-based GMP Amendments Conservation and Coastal Management Element—to BCC for Adoption 12-11-12 The County shall make every reasonable effort to meet the emergency preparedness requirements of people Persons with special EtNeeds such as the elderly, handicapped, the infirmed and those requiring transportation from a threatened area. In the event of a countywide emergency, such as a hurricane or other large-scale disaster, the County Emergency Management Department in coordination with the County Health Department and other officials shall open and operate one or more refuges for persons listed on the County's Special Needs Registry and their caregivers. Medical and support equipment at such refuges will include, but not necessarily be limited to, respirators, oxygen tanks,first aid equipment,disaster cots and blankets,and defibrillators. *** *** *** *** *** text break *** *** *** *** *** G:ICDES Planning Sen ices1Comprehensive12011 EAR-BASED GMP AMENDMENTS\BCC Adoption-EAR-based GMPAslelementsVCCMEBCC adoptn-MM 1C-16b EAR CCME Exhibit to BCC forAdoption.doac Words underlined are added;words s#aslf-d 0 are deleted. BCC ADOPTION 32 ORDINANCE NO. 12- AN ORDINANCE AMENDING ORDINANCE NUMBER 89-05, AS AMENDED, THE COLLIER COUNTY GROWTH MANAGEMENT PLAN FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE INTERGOVERNMENTAL COORDINATION ELEMENT TO PROVIDE FOR 2011 EVALUATION AND APPRAISAL REPORT (EAR) BASED AMENDMENTS TO THE GROWTH MANAGEMENT PLAN; 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 hearings to provide for and encourage public participation throughout the 2011-12 plan amendment process; and WHEREAS, Collier County did submit the 2011-12 Growth Management Plan amendments to the Department of Economic Opportunity for preliminary review on May 03, 2012; and WHEREAS, the Department of Economic Opportunity did review and did not make written objections to the amendments to the Growth Management Plan and transmitted the same 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 Economic Opportunity to adopt, adopt with changes or not adopt the proposed amendments to the Growth Management Plan; and WHEREAS, the Collier County Planning Commission held a public hearing on the adoption of the amendments to the Growth Management Plan on October 30, 2012; 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 amendments to the Growth Management Plan on December 11, 2012; 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: Words underlined are added; words struck through are additions; words with 1 *** indicates a page break SECTION ONE: ADOPTION OF AMENDMENTS TO THE INTERGOVERNMENTAL COORDINATION ELEMENT OF THE GROWTH MANAGEMENT PLAN. The Board of County Commissioners hereby adopts the amendments to the Intergovernmental Coordination Element attached hereto as Exhibit "A" and incorporated herein by reference. SECTION TWO: SEVERABILITY. If any phrase or portion of this Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion. SECTION THREE: EFFECTIVE DATE. The effective date of these plan amendments, if the amendments are not timely challenged, shall be 31 days after the state land planning agency notifies the local government that the plan amendment package is complete. If timely challenged, these amendments shall become effective on the date the state land planning agency or the Administration Commission enters a final order determining this adopted amendment to be in compliance. No development orders, development permits, or land uses dependent on these amendments 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 state land planning agency. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County this day of December, 2012. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA By: BY: , Deputy Clerk FRED W. COYLE, Chairman Words underlined are added; words struck through are additions; words with 2 *** indicates a page break Approved as to form and legal sufficiency: 1<<'t� �Z Heidi Ashton-Cicko Managing Assistant County Attorney Attachment: Exhibit"A" 2011 EAR-BASED ADOPTION- INTERGOVERNMENTAL COORDINATION ELEMENT Rev.9/24112 CP\12-CMP-00848\33 Words underlined are added; words struck through are additions;words with 3 *** indicates a page break Exhibit"A' As approved by CCPC on 10-30-12 EAR-based GMP Amendments Intergovernmental Coordination Element—to BCC for Adoption 12-11-12 GOAL: [Revised text,page 3] MIAMI DADE, HENDRY, LEE AND MONROE COUNTIES, CITIES OF BONITA BOARD OF COLLIER COUNTY, SOUTHWEST FLORIDA REGIONAL PLANNING COUNCIL, AND ANY OTHER LOCAL, STATE, OR FEDERAL AGENCY OR _ a 1._' • N. ■ Y a ,1' /_ _ • a TO FLORIDA POWER AND LIGHT, LEE COUNTY ELECTRIC COOPERATIVE, SPRINT/UNITED TELEPHONE, IMMOKALEE WATER AND SEWER DISTRICT, 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. COLLIER COUNTY WILL MAINTAIN OR ENHANCE THE LEVEL OF COORDINATION AND COOPERATION AMONG THE VARIOUS GOVERNMENTS, AUTHORITIES AND AGENCIES MAKING DECISIONS AFFECTING NATURAL RESOURCES, HOUSING HISTORIC AND ARCHAEOLOGICAL RESOURCES, PUBLIC FACILITIES, AND PUBLIC SERVICES WITHIN AND AROUND COLLIER COUNTY, TO RESOLVE DIFFERENCES AND TO ACHIEVE COMPATIBLE AND COORDINATED PLANS. OBJECTIVE 1: [Revised text,page 3] 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, the Florida Department of Environmental Protection, Florida Department of Transportation, and South Florida Water Management District, and any other entity that provides a service but may not have land use authority. *** *** *** *** *** text break *** *** *** *** *** Policy 1.2: [Revised text,page 3] The Collier County Comprehensive Planning Department Section 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. Policy 1.3: [Revised text,page 3] The Collier County Comprehensive Planning Department Section 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. Words underlined are added;words stFusii-tilaaug#are deleted. BCC ADOPTION 1 Exhibit"A" As approved by CCPC on 10-30-12 EAR-based GMP Amendments Intergovernmental Coordination Element—to BCC for Adoption 12-11-12 *** *** *** *** *** text break *** *** *** *** *** OBJECTIVE 2: [Rephrased to improve format as an"objective",page 3] Coordinate its County land use planning strategy, including an assessment of proposed development,with that of other governmental and private entities. Policy 2.1: [Revised text,page 4] 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 appropriate governmental or private entities. *** *** *** *** *** text break *** *** *** *** *** Policy 2.6: [Revised text,page 4] The County shall continue to coordinate with The District School Board of Collier County for collaborative planning and decision making on population projections, the public school site selection for new public educational and ancillary facilities, and the location and extension of public facilities subject to concurrency, to support existing and proposed public educational facilities . .. . . .. - , . -- - .. . - . _.. _ ... . . _. ; . .! . . . - . ! • . - !.! - -- - -... - *** *** *** *** *** text break *** *** *** *** *** Policy 2.8: [Revised text,page 4] The County shall coordinate with the South Florida Water Management District and other regulatory agencies in implementing the Growth Management Plan. Policy 2.9: [Revised text,page 4] The County shall continue to coordinate with The District School Board of Collier County for the regulatory review of residential development for school concurrency OBJECTIVE 3: [Rephrased to improve format as an"objective",page 5] Collier County shall d Develop procedures to identify and implement joint planning areas for the purposes of municipal annexation, municipal incorporation and joint infrastructure services areas. Words underlined are added;words stuck-through are deleted. BCC ADOPTION 2 Exhibit"A" As approved by CCPC on 10-30-12 EAR-based GMP Amendments Intergovernmental Coordination Element—b BCC for Adoption 12-11-12 Policy 3.1 [Revised text,page 5] [Revised further per DEO Comment] Based upon . -, . ' . _ -, - . - _.. _ - - , _ ' _ ._ Section 163.3177(h), Florida Statutes. 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. G:ICDES Planning ServioeslComprehensivel2011 EAR-BASED GMP AMENDMENTSIBCC Adoption-EAR-based GMPAslelementsVCE_BCC adoptn-CV111- 1 ICE Exhibit A EAR to BCC for Adoption.doac CV,cs Words underlined are added;words are deleted. BCC ADOPTION 3 ORDINANCE NO. 12- AN ORDINANCE AMENDING ORDINANCE NUMBER 89-05, AS AMENDED, THE COLLIER COUNTY GROWTH MANAGEMENT PLAN FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE FUTURE LAND USE ELEMENT AND FUTURE LAND USE MAP AND MAP SERIES TO PROVIDE FOR 2011 EVALUATION AND APPRAISAL REPORT (EAR) BASED AMENDMENTS TO THE GROWTH MANAGEMENT PLAN; 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 hearings to provide for and encourage public participation throughout the 2011-12 plan amendment process; and WHEREAS, Collier County did submit the 2011-12 Growth Management Plan amendments to the Department of Economic Opportunity for preliminary review on May 03, 2012; and WHEREAS, the Department of Economic Opportunity did review and did not make written objections to the amendments to the Growth Management Plan and transmitted the same 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 Economic Opportunity to adopt, adopt with changes or not adopt the proposed amendments to the Growth Management Plan; and WHEREAS, the Collier County Planning Commission held a public hearing on the adoption of the amendments to the Growth Management Plan on October 30, 2012; 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 amendments to the Growth Management Plan on December 11, 2012; 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: Words underlined are added; words struck through are additions; words with 1 *** indicates a page break SECTION ONE: ADOPTION OF AMENDMENTS TO THE FUTURE LAND USE ELEMENT AND FUTURE LAND USE MAP AND MAP SERIES OF THE GROWTH MANAGEMENT PLAN. The Board of County Commissioners hereby adopts the amendments to the Future Land Use Element and Future Land Use Map and Map Series attached hereto as Exhibit "A" and incorporated herein by reference. SECTION TWO: SEVERABILITY. If any phrase or portion of this Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion. SECTION THREE: EFFECTIVE DATE. The effective date of these plan amendments, if the amendments are not timely challenged, shall be 31 days after the state land planning agency notifies the local government that the plan amendment package is complete. If timely challenged, these amendments shall become effective on the date the state land planning agency or the Administration Commission Aigot enters a final order determining this adopted amendment to be in compliance. 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, 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 state land planning agency. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County this day of December, 2012. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA By: BY: , Deputy Clerk FRED W. COYLE, Chairman Words underlined are added; words struck through are additions; words with 2 *** indicates a page break Approved as to form and Iegal sufficiency: 1A(itL Heidi Ashton-Cicko Managing Assistant County Attorney Attachment: Exhibit"A" 2011 EAR-BASED ADOPTION- FUTURE LAND USE ELEMENT Rev.9/24/12 CP\12-CMP-00848\34 Words underlined are added;words struck through are additions; words with 3 *** indicates a page break Exhibit"A" As approved by CCPC on 10-30-12 EAR-based GMP Amendments Future Land Use Element—to BCC for Adoption 12-11-12 SUMMARY [Revised per DEO Comment,page 3,paragraph 3] The third section consists of Support Document: Land Use Data and Analysis. The information found there provides a basis for the Implementation Strategy and serves to meet the requirements of -__. . . ' .!!:, - . _.. _ . : ' - ::- Section 163.3177(6)(a), Florida Statutes; *** *** *** *** *** text break *** *** *** *** *** OVERVIEW [Revised per DEO Comment,page 4] B. BASIS[reflects merger of Ordinance No. 2002-32 and 2002-54] This Element is based in large part on the Future Land Use Element adopted as part of the 1983 and 1989 Collier County Comprehensive Plans. The land use strategy put forth in those Plans have served Collier County well, therefore, a general continuation is provided. The best characteristics of the 1983 and 1989 Comprehensive Plans included the use of a binding Future Land Use Map with designated "Urban" areas and the confinement of intensive Zoning Districts, thus intensive land uses, to those areas. Moreover, this Element includes a strategy for the protection of natural resources and agri-business in the Rural Fringe Mixed Use District [and] Rural Lands Stewardship Area by employing various regulations and incentives to direct incompatible land uses away from such natural resources and to enhance the economic viability of agri-business. In addition, this Element is based on the Support Document: Land Use Data and Analysis, and the summation of the detailed planning conducted for each of the other portions of the Comprehensive Plan. Data, analysis and implementation strategies from the various elements have contributed to the geographic framework through the configuration of the designations on the Future Land Use Map and the associated standards for use of land. The State Comprehensive Plan and the Southwest Florida Regional Comprehensive Policy Plan form another basis for the Future Land Use Element. Chapter 163, Florida Statutes, the "Local - . - - - ' -. .. - .. - -- - ! - . . Community Planning•Act" .. . . - - . •_. , . -•• .. - - - -. . - • _ I .. .. . 9; _ . -. . _. . • .. _:," provides detailed requirements on the scope and content of the Element. *** *** *** *** *** text break *** *** *** *** *** IMPLEMENTATION STRATEGY GOALS,OBJECTIVES AND POLICIES GOAL: TO GUIDE LAND USE DECISION-MAKING SO AS TO ACHIEVE AND MAINTAIN A HIGH QUALITY NATURAL AND HUMAN ENVIRONMENT WITH A WELL PLANNED MIX OF COMPATIBLE LAND USES WHICH PROMOTE THE PUBLIC'S HEALTH, SAFETY AND WELFARE CONSISTENT WITH STATE PLANNING REQUIREMENTS AND LOCAL DESIRES. [No change to text—provided for context,page 11] Words underlined are added;words stRA-through are deleted. BCC ADOPTION 1 Exhibit°A" As approved by CCPC on 10-30-12 EAR-based GMP Amendments Future Land Use Element—to BCC for Adoption 12-11.12 OBJECTIVE 1: [No change to text—provided for context,page 11] Unless otherwise permitted in this Growth Management Plan, new or revised uses of land 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 Sub-districts shall be binding on all Development Orders effective with the adoption of this Growth Management Plan. Standards and permitted uses for each Future Land Use District and Subdistrict are identified in the Designation Description Section. Through the magnitude, location and configuration of its components, the Future Land Use Map is designed to coordinate land use with the natural environment including topography, soil and other resources; promote a sound economy; coordinate coastal population densities with the Regional Hurricane Evacuation Plan; and discourage unacceptable levels of urban sprawl. *** *** *** *** *** text break *** *** *** *** *** Policy 1.4: [Revised text,page 12] The CONSERVATION Future Land Use Designation shall may include a Future Land Use District. Policy 1.5:[re-lettered to reflect merger of Ordinance No. 2002-32 and 2002-54J [Revised text,page 12] Overlays and Special Features shall include: A. Area of Critical State Concern Overlay B. North Belle Meade Overlay C. Natural Resource Protection Area Overlays D. Rural Lands Stewardship Area Overlay E. Airport Noise Area Overlay F. Bayshore/Gateway Triangle Redevelopment Overlay G. Urban-Rural Fringe Transition Zone Overlay H. Coastal High Hazard Area Boundary I. Incorporated Areas *** *** *** *** *** text break *** *** *** *** *** OBJECTIVE 2: [Revised text,page 12] The coordination of land uses with the availability of public facilities shall be accomplished through the Concurrency Management System of the Capital Improvements Element and implemented through the Adequate Public Facilities Ordinance of the Land Development Code. Policy 2.1: [Revised text,page 12] The County shall prepare annually the Annual Update and Inventory Report (AUIR) on Public Facilities which shall include a determination of the existing conditions of capital public facilities, determine the remaining available capacity, forecast future needs in the five year capital improvement schedule and identify needed improvements and funding to maintain the level of service adopted in Policy 1.1.51.5 of the Capital Improvements Element. Words underlined are added;words stRiGlc-tiweugb are deleted. BCC ADOPTION 2 Exhibit"A" As approved by CCPC.on 10-30-12 EAR-based GMP Amendments Future Land Use Element—to BCC for Adoption 12-11-12 *** *** *** *** *** text break *** *** *** *** *** Policy 2.4 [Revised text,page 13] [Revised further per DEO Comment] Pursuant to " _ - ' .'! - _ 2:. • _ --•- • . • - ._- ., - the Urban Infill and Urban Redevelopment Strategy contained in this Element, development located within the South U.S. 41 Transportation Concurrency Exception Area (TCEA) (See Map TR-4) may be exempt from transportation concurrency requirements, so long as impacts to the transportation system are mitigated using the procedures set forth in Policy 5.5 of the Transportation Element. .. , .. , --. _ , . . . ... .. - _ - - - - -- -• - - - '. .! - 11.1 -- • - . • - Developments within the South U.S. 41 TCEA that do not obtain certification pursuant to Policy 5.6 of the Transportation Element shall meet all concurrency requirements. Whether or not a concurrency exception is requested, developments shall be subject to a concurrency review for the purpose of reserving capacity for those trips associated with the development and maintaining accurate counts of the remaining capacity on the roadway network. Policy 2.5 [Revised text,pages 13-14] The County shy has designated Transportation Concurrency Management Areas (TCMA) to encourage compact urban development where an integrated and connected network of roads is in place that provides multiple, viable alternative travel paths or modes for common trips. Performance within each TCMA shall be measured based on the percentage of lane miles meeting the LOS described in Policies 1.3 and 1.4 of the Transportation Element. Standards within TCMAs are provided in Policy 5.8 of the Transportation Element. New Development within each TCMA shall be consistent with the criteria set forth in Objective 6, and Policies 6.1 through 6.5 of this Element. The following Transportation Concurrency Management Areas are hereby designated: 1. Northwest TCMA — This area is bounded by the Collier - Lee County Line on the north side;the west side of the I-75 right-of-way on the east side; Pine Ridge Road on the south side;and,the Gulf of Mexico on the west side(See Map TR-5). Words underlined are added;words strums are deleted. BCC ADOPTION 3 Exhibit"A" As approved by CCPC on 10-30-12 EAR-based GMP Amendments Future Land Use Element—to BCC for Adoption 12-11-12 2. East Central TCMA—This area is bounded by Pine Ridge Road on the north side; Collier Boulevard on the east side; Davis Boulevard on the south side, and; Livingston Road extended)on the west side(See Map TR-6). *** *** *** *** *** text break *** *** *** *** *** OBJECTIVE 3: [No change to text—provided for context,page 14] Land Development Regulations have been adopted to implement this Growth Management Plan pursuant to Chapter 163.3202, Florida Statutes(F.S.), in order to ensure protection of natural and historic resources, ensure the availability of land for utility facilities, promote compatible land uses within the airport noise zone, and to provide for management of growth in an efficient and effective manner. *** *** *** *** *** text break *** *** *** *** *** Policy 3.1: [Revised text,page 15] [Revised further per DEO Comment] Land Development Regulations have been adopted into the Collier County Land Development Code (LDC) that contain provisions to implement the Growth Management Plan through the development review process.These include the following provisions: *** *** *** *** *** text break *** *** *** *** *** i. The mitigation of incompatible land uses within the area designated as the Airport Noise Area Overlay on the Future Land Use Map shall be accomplished through: implementation of regulations that require sound-proofing for all new residential structures built within the 65 LDN Contour; recording of the legal description of the noise contour boundary in the property records of the County; and, the inter-local agreement with the Naples Airport Authority that requires the County to notify the Authority of all development proposals located within 20,000 feet of the airport that exceed height standards established by the Federal Aviation Administration. Additionally, to address compatibility with the Naples Municipal Airport, Marco Island Executive Airport, Everglades Airpark and Immokalee Regional Airport. the County will implement the following provisions in the Collier County Land Development Code. Ordinance No. 0441. as amended: Section 2.03.07C., Airport Overlay (APO): Section 4.02.06, Standards for Development in Airport Zones: and, Appendix D,Airport Zoning. *** *** *** *** *** text break *** *** *** *** *** OBJECTIVE 4: [No change to text—provided for context,page 16] In order to improve coordination of land uses with natural and historic resources, public facilities, economic development, housing and urban design, the Future Land Use Element shall be continually refined through detailed planning. Future studies might address specific geographic or issue areas. All future studies must be consistent with the Growth Management Plan and further its intent. ii Words underlined are added;words soh are deleted. BCC ADOPTION 4 Exhibit "A" As approved by CCPC on 10-30-12 EAR-based GMP Amendments Future Land Use Element—to BCC for Adoption 12-11-12 *** *** *** *** *** text break *** *** *** *** *** Policy 4.5: [Revised text,page 16] An Industrial Land Use Study has been developed and a summary of the Study has been incorporated into the support document of this Growth Management Plan. The Study includes a detailed inventory of industrial uses, projections of demand for industrial land, and recommendations for future land use allocations and locational criteria. The detailed inventory of industrial land uses will be periodically updated. _ • . _- . - , . -- *** *** *** *** *** text break *** *** *** *** *** Policy 4.7: [Revised text,page 17] The Board of County Commissioners may consider whether to adopt redevelopment plans for existing commercial and residential areas. Such plans may include alternative land uses, modifications to development standards, and incentives that may be necessary to encourage redevelopment. Such redevelopment plans may only be prepared by the County or its agent unless otherwise authorized by the Board of County Commissioners. The Bayshore/Gateway Triangle Redevelopment Plan was adopted by the Board on 'reh-11, 2000 June 13, 2000; it encompasses the Bayshore Drive corridor and the triangle area formed by US 41 East, Davis Boulevard and Airport-Pulling Road. The Immokalee Redevelopment Plan was adopted by the Board on June 13, 2000. Other specific areas that may be considered by the Board of County Commissioners for redevelopment include,but are not necessarily limited to: a. Pine Ridge Road,between U.S. 41 North and Goodlette-Frank Road; b. U.S. 41 North in Naples Park;and, c. Bonita Beach Road between Vanderbilt Drive and the west end of Little Hickory Shores#1 Subdivision. *** *** *** *** *** text break *** *** *** *** *** Ivey-4:41 [Revised text,page 18] - . a •_ . „ _ .. .. •. .. , :: ., .. _.. - -• , . . _ , , , . . ... • - - - -. - -- - - ..-, ' _. .. _..•-.. _ - .. '. _ .. - - • , -. - .. .. . . ' *** *** *** *** *** text break *** *** *** *** *** OBJECTIVE 5: [No change to text-provided for context,page 18] 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 Words underlined are added;words 6U:tisk-Ow)*are deleted. BCC ADOPTION 5 Exhibit NA" As approved by CCPC on 10-30-12 EAR-based GMP Amendments Future Land Use Element—to BCC for Adoption 12-11-12 implementation of the Future Land Use Element,the following general land use policies shall be implemented upon the adoption of the Growth Management Plan. *** *** *** *** *** text break *** *** *** *** *** Policy 5.3: [Revised text,page 19] Discourage unacceptable levels of urban sprawl in order to minimize the cost of community facilities by: confining urban intensity development to areas designated as Urban on the Future Land Use Map; requiring that any changes additions to the Urban Designated Areas be contiguous to an existing Urban Area boundary; and, encouraging the use of creative land use planning techniques and innovative approaches to development in the County's Agricultural/Rural designated area, which will better serve to protect environmentally sensitive areas, maintain the economic viability of agriculture and other predominantly rural land uses, and provide for cost efficient delivery of public facilities and services. *** *** *** *** *** text break *** *** *** *** *** Policy 5.14: [pages 21-22] [Note: revisions to this policy are not depicted below, pending action on a new Interlocal Agreement.] 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 general Interlocal Agreement, adopted on May 15, 2003 by the Collier County School Board and on May 27, 2003 by the Board of County Commissioners, and as subsequently amended and restated, with an effective date of December 2008, and subject to the implementing land development regulations to be adopted; and, shall be subject to the School Board Review (SBR) Interlocal Agreement, 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. 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. These sites are consistent with locational criteria established by the SBR Interlocal Agreement and as contained in the FLUE, GGAMP, or TAMP, 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 Words underlined are added;words stuok-thcough are deleted, BCC ADOPTION 6 Exhibit"A" As approved by CCPC on 10-30-12 EAR-based GMP Amendments Future Land Use Element to BCC for Adoption 12-11-12 Facilities Element Map Series. Development of the mapped sites shall be subject to the provisions of the general Interlocal Agreement adopted on May 15, 2003 by the Collier County School Board and on May 27,2003 by the Board of County Commissioners,and as subsequently amended and restated, with an effective date of December 2008, and subject to the implementing land development regulations to be adopted; and, shall be subject to the School Board Review (SBR) Interlocal Agreement, 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. 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. These sites are consistent with locational criteria established by the SBR Interlocal Agreement and as contained in the FLUE, GGAMP, or IAMP, 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. Development of the mapped sites shall be subject to the provisions of the general Interlocal Agreement adopted on May 15, 2003 by the Collier County School Board and on May 27, 2003 by the Board of County Commissioners, and as subsequently amended and restated, with an effective date of December 2008, and subject to the implementing land development regulations to be adopted; and, shall be subject to the School Board Review (SBR) Interlocal Agreement, 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. 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 IAMP, 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 general Interlocal Agreement, adopted on May 15, 2003 by the Collier County School Board and on May 27, 2003 by the Board of County Commissioners, and as subsequently amended and restated, with an effective date of December 2008, and subject to the implementing land development regulations to be adopted; and, shall be subject to and the School Board Review (SBR) Interlocal Agreement, 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 aforementioned general Interlocal Agreement and SBR Interlocal Agreement, and subject to the implementing land development regulations. 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. Words underlined are added;words stfusk-threugh are deleted. BCC ADOPTION 7 Exhibit NA" As approved by CCPC on 10-30-12 EAR-based GMP Amendments Future Land Use Element—to BCC for Adoption 12-11.12 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 Interlocal Agreement, adopted on May 15, 2003 by the Collier County School Board and on May 27,2003 by the Board of County Commissioners, and as subsequently amended and restated, with an effective date of December 2008, and the School Board Review (SBR) Interlocal Agreement, 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. *** *** *** *** *** text break *** *** *** *** *** Objective 6 [Revised text, page 23] Transportation Concurrency Management Areas (TCMAs) are geographically compact areas designated in local government comprehensive plans where intensive development exists, or such development is planned. New development within a TCMA shall occur in a manner that will ensure an adequate level of mobility(as defined in Policy 5.8 of the Transportation Element) and further the achievement of the following identified important state planning goals and policies: discouraging the proliferation of urban sprawl, protecting natural resources, protecting historic resources,maximizing the efficient use of existing public facilities, and promoting public transit, bicycling, walking and other alternatives to the single occupant automobile. Transportation Concurrency Management Areas whereby have been established in the specific geographic areas described in Policy 2.5 of this Element. Words underlined are added;words struok-tlaceugh are deleted. BCC ADOPTION 8 Exhibit°A° As approved by CCPC on 10-30-12 EAR-based GMP Amendments Future Land Use Element—to BCC for Adoption 12-11-12 *** *** *** *** *** text break *** *** *** *** *** Policy 6.3: [Revised text,page 24] In order to be exempt from link specific concurrency, new residential development or redevelopment within Collier County's designated Transportation Concurrency Management Areas (TCMAs) shall utilize at least two of the following Transportation Demand Management (TDM) strategies,as may be applicable: a) Including neighborhood commercial uses within a residential project. b) Providing transit shelters within the development (must be coordinated with Collier County Transit). c) Providing bicycle and pedestrian facilities, with connections to abutting commercial properties. e)d) Vehicular Providing vehicular access to abutting commercial properties. *** *** *** *** *** text break *** *** *** *** *** OBJECTIVE 7 [Revised text,page 24] In an effort to support the Dover, Kohl & Partners publication, Toward Better Places: The Community Character Plan for Collier County, Florida, promote smart growth policies, reduce greenhouse gas emissions, and adhere to the existing development character of Collier County, the following policies shall be implemented for new development and redevelopment projects, where applicable. *** *** *** *** *** text break *** *** *** *** *** Policy 7.3 [Revised text,page 24] All new and existing developments shall be encouraged to connect their local streets and/or their interconnection points with adjoining neighborhoods or other developments regardless of land use type. The interconnection of local streets between developments is also addressed in Policy 9.3 of the Transportation Element. *** *** *** *** *** text break *** *** *** *** *** Policy 7.7 [Revised text,page 25] The . . . . - .. - - •. - - • . .. - •. .- - - Growth Management Division will continue to research smart growth practices in an effort to improve the future of Collier County by specifically addressing land use and transportation planning techniques for inclusion in future land development regulations. *** *** *** *** *** text break *** *** *** *** *** Words underlined are added;words are deleted. BCC ADOPTION 9 Exhibit"A" As approved by CCPC on 10-30-12 EAR-based GMP Amendments Future Land Use Element—to BCC for Adoption 12-11-12 FUTURE LAND USE DESIGNATION DESCRIPTION SECTION [No change to text—provided for context,page 26] The following section describes the land use designations shown on the Future Land Use Map. These designations generally indicate the types of land uses for which zoning may be requested. However, these land use designations do not guarantee that a zoning request will be approved. Requests may be denied by the Board of County Commissioners based on criteria in the Land Development Code or on special studies completed for the County. I. URBAN DESIGNATION [No change to text—provided for context,page 26] *** *** *** *** *** text break *** *** *** *** *** A. Urban Mixed Use District [No change to text—provided for context,page 28] *** *** *** *** *** text break *** *** *** *** *** B. DENSITY RATING SYSTEM: [No change to text—provided for context,page 47] This Density Rating System is only applicable to areas designated on the Future Land Use Map as: Urban, Urban Mixed Use District; and, on a very limited basis, Agricultural/Rural. It is not applicable to the Urban areas encompassed by the Immokalee Area Master Plan and the Golden Gate Area Master Plan; these two Elements have their own density provisions. The Density Rating System is applicable to that portion of the Urban Coastal Fringe Subdistrict to the extent that the residential density cap of 4 dwelling units per acre is not exceeded, except for the density bonus provisions for Affordable Housing and Transfer of Development Rights, and except as provided for in the Bayshore/Gateway Triangle Redevelopment Overlay. The final determination of permitted density via implementation of this Density Rating System is made by the Board of County Commissioners through an advertised public hearing process (rezone or Stewardship Receiving Area designation). I. The Density Rating System is applied in the following manner: [Revised text,page 48] a. Within the applicable Urban Designated Areas, a base density of 4 residential dwelling units per gross acre may be allowed, though not an entitlement. This base level of density may be adjusted depending upon the location and characteristics of the project. For purposes of calculating the eligible number of dwelling units for a project (gross acreage multiplied by eligible number of dwelling units per acre), the total number of dwelling units may be rounded up by one unit if the dwelling unit total yields a fraction of a unit .5 or greater. Acreage to be used for calculating density is exclusive of: the commercial and industrial portions of a project, except where authorized in a Subdistrict, such as the Orange Blossom Mixed-Use Subdistrict; and, mixed residential and commercial uses as provided for in the C-1 through C-3 zoning districts in the Collier County Land Development Code; and, portions of a project for land uses having an established equivalent residential density in the Collier County Land Development Code. Words underlined are added;words strut thresh are deleted. BCC ADOPTION 10 Exhibit"An As approved by CCPC on 10-30-12 EAR-based GMP Amendments Future Land Use Element—to BCC for Adoption 12-11-12 b. Within the Urban Residential Fringe Subdistrict, the Density Rating System is applicable for the Affordable-workforce Housing Density Bonus only, as specifically provided for in that Subdistrict. c. Within the Rural Lands Stewardship Area Overlay (RLSA), the Density Rating System is applicable for the Affordable-workforce Housing Density Bonus only, as specifically provided for in the RLSA for Stewardship Receiving Areas. d. This Density Rating System only applies to residential dwelling units. This Density Rating System is not applicable to accessory dwellings or accessory structures that are not intended and/or not designed and/or not authorized for permanent occupancy, and is not applicable to accessory dwellings or accessory structures intended for rental or other commercial use; such accessory dwellings and structures include guest houses, servants quarters, mother-in-law's quarters, cabanas, guest suites, and the like. e. All new residential zoning located within Districts, Subdistricts and Overlays identified above that are subject to this Density Rating System shall be consistent with this Density Rating System,except as provided in: 1) Policy 5.1 of the Future Land Use Element. 2) The Urban Mixed Use District for the"vested"Port of the Islands development. 3) The Buckley Mixed Use Subdistrict. 4) The Commercial Mixed Use Subdistrict. 5) The Vanderbilt Beach/Collier Boulevard Commercial Subdistrict. 6) Livingston/Radio Road Commercial Infill Subdistrict. 7) Vanderbilt Beach Road Neighborhood Commercial Subdistrict. 2. Density Bonuses [No change to text—provided for context,page 48] Consistency with the following characteristics may add to the base density. Density bonuses are discretionary,not entitlements,and are dependent upon meeting the criteria for each bonus provision and compatibility with surrounding properties, as well as the rezone criteria in the Land Development Code. *** *** *** *** *** text break *** *** *** *** *** a. Conversion of Commercial Zoning Bonus: *** *** *** *** *** text break *** *** *** *** *** b. Proximity to Mixed Use Activity Center or Interchange Activity Center: [Revised text,page 49] If the project is within one mile of a Mixed Use Activity Center or Interchange Activity Center and located within a residential density band, 3 residential units per gross acre may be added. The density band around a Mixed Use Activity Center or Interchange Activity Center shall be measured by the radial distance from the center of the intersection around which the Mixed Use Activity Center or Interchange Words underlined are added;words stalsk-threegl►are deleted. BCC ADOPTION 11 Exhibit"A' As approved by CCPC on 10-30-12 EAR-based GMP Amendments Future Land Use Element—to BCC for Adoption 12-11-12 Activity Center is situated. If 50%or more of a project is within the density band, the additional density applies to the gross acreage of the entire project. Density bands are designated on the Future Land Use Map and shall not apply within the Estates Designation or for properties within the Coastal High Hazard Area. c.Affordable-Workforce Housing Bonus: *** *** *** *** *** text break *** *** *** *** *** d. Residential In-fill: *** *** *** *** *** text break *** *** *** *** *** e. Roadway Access [Revised text,page 50] If the project has direct access to two or more arterial or collector roads as identified in the Transportation Element, one residential dwelling unit per gross acre may be added. Density credits based on future roadways will be awarded if the developer commits to construct a portion of the roadway (as determined by the County Transportation Department) or the road is scheduled for completion during the first five years of the Capital Improvements Plan. The Roadway Access bonus is not applicable to properties located within the Traffic-Congestion Coastal High Hazard Area 3. Density Reduction Consistency with the following characteristic would subtract density: [Revised text,pages 50-51] a. Truffle-Congestion Coastal High Hazard Area If the project lies within the Trams c Con estion Coastal High Hazard Area, an-area _. ... . .•__ . -_ .. _ . .. _ __ _- . -, one dwelling unit per gross acre shall would be subtracted from the eligible base density of four dwelling units per acre— except for those properties within the Coastal High Hazard Area in Section 1, Township 50 South, Range 25 East. The : _ - _ :. Coastal High Hazard Area boundary is generally shown on the Future Land Use Map and is more precisely shown in the Future Land Use Map series;a d-eensists-of all lands lying the _:.,.. _ :.. !- • : seaward of that a boundary are within the Coastal High Hazard Area " .. . ..-.. • ., • - ' ... . .. - - - • • ._ • • . !• - Words underlined are added;words stcaelc-th,reugh are deleted. BCC ADOPTION 12 Exhibit"A" As approved by CCPC on 10-30-12 EAR-based GMP Amendments Future Land Use Element—to BCC for Adoption 12-11-12 • - S - *** *** *** *** *** text break *** *** *** *** *** C. Urban Commercial District [No change to text—provided for context,page 53] This District is intended to accommodate almost all new commercial zoning; a variety of residential uses, including higher densities for properties not located within the Urban Coastal Fringe or Urban Residential Fringe Subdistricts; and a variety of non-residential uses. 1. Mixed Use Activity Center Subdistrict [Revised text,pages 53-57] Mixed Use Activity Centers have been designated on the Future Land Use Map Series identified in the Future Land Use Element. The locations are based on intersections of major roads and on spacing criteria. When this Plan was originally adopted in 1989, there were 21 Activity Centers. There are now 19 Activity Centers, listed below, which comprise approximately 3,000 acres; this includes 3 Interchange Activity Centers (#4, 9, 10) which will be discussed separately under the Interchange Activity Center Subdistrict. Two Activity Centers, #19 and 21, have been deleted as they are now within the incorporated City of Marco Island. # I Immokalee Road and Airport-Pulling Road #2 US 41 and Immokalee Road #3 Immokalee Road and Collier Boulevard #4 I-75 and Immokalee Road(Interchange Activity Center) #5 US 41 and Vanderbilt Beach Road #6 Davis Boulevard and Santa Barbara Boulevard #7 Rattlesnake-Hammock Road and Collier Boulevard #8 Airport-Pulling Road and Golden Gate Parkway #9 I-75 and Collier Boulevard and Davis Boulevard(Interchange Activity Center) #10 I-75 and Pine Ridge Road(Interchange Activity Center) #11 Vanderbilt Beach Road and Airport-Pulling Road #12 US 41 and Pine Ridge Road #13 Airport-Pulling Road and Pine Ridge Road #14 Goodlette-Frank Road and Golden Gate Parkway #15 Golden Gate Parkway and Coronado Boulevard #16 US 41 and Airport-Pulling Road Words underlined are added;words strreugh are deleted. BCC ADOPTION 13 Exhibit"A° As approved by CCPC on 10-30-12 EAR-based GMP Amendments Future Land Use Element—to BCC for Adoption 12-11-12 #17 US 41 and Rattlesnake-Hammock Road #18 US 41 and Collier Boulevard #20 US 41 and Wiggins Pass Road *** *** *** *** *** text break *** *** *** *** *** The boundaries of Mixed Use Activity Centers have been delineated on the maps located at the end of this section as part of the Future Land Use Map Series. These map boundaries are the actual, fixed boundaries and cannot be adjusted without a comprehensive plan amendment,except as provided below for Master Planned Activity Centers. Master Planned Activity Centers Any of the five Mixed Use Activity Centers listed below may be designated as a Master Planned Activity Center, via the rezoning process. A Master Planned Activity Center is one which has a unified plan of development in the form of a Planned Unit Development, Development of Regional Impact or an area-wide Development of Regional Impact. If choosing to designate a Mixed Use Activity Center,or portion thereof, as a Master Planned Activity Center, the property Property owners within such Mixed Use Activity Centers shall be required to utilize the Master Planned Activity Center process;as provided below. #2 US 41 and Immokalee Road #3 Immokalee Road and Collier Boulevard #5 US 41 and Vanderbilt Beach Road #7 Rattlesnake-Hammock Road and Collier Boulevard #14 Goodlette-Frank Road and Golden Gate Parkway In recognition of the benefit to the public road network resulting from the coordination of planned land uses and coordinated access points , Master Planned Activity Centers are encouraged through the allowance of flexibility in the boundaries, and thus location of uses permitted within a designated Mixed Use Activity Center. The boundaries of Master Planned Activity Centers depicted on the Future Land Use Map Series are understood to be flexible and subject to modification as provided for below. However, the acreage within the reconfigured Activity Center shall not exceed that within the existing Activity Center. The actual mix of land uses shall be determined using the criteria for other Mixed Use Activity Centers. All of the following criteria must be met for a project to qualify as a Master Planned Activity Center: 1. The applicant shall have unified control of the majority of a quadrant in a designated Activity Center. Majority of the quadrant shall be defined as at least 51% of the privately owned land within any Activity Center quadrant: Howeve" if ° property o • • • °. •• . . .. . . _: -.. : _ ■ . .. .. .-. - • .• Words underlined are added;words straslc ugb are deleted. BCC ADOPTION 14 Exhibit"A" As approved by CCPC on 10-30-12 EAR-based GMP Amendments Future Land Use Element—to BCC for Adoption 12-11-12 unified—control: 2. The allowable land uses for a Master Planned Activity Center shall be the same as for other designated Activity Centers; however, a Master Planned Activity Center encompassing the majority of the property in two or more quadrants shall be afforded the flexibility to redistribute a part or all of the allocation from one quadrant to another,to the extent of the unified control. The maximum amount of commercial uses allowed at Activity Center#3 (Immokalee Road and Collier Boulevard) is 40 acres per quadrant for a total of 160 acres maximum in the entire Activity Center;the balance of the land area shall be limited to non-commercial uses as allowed in Mixed Use Activity Centers. The maximum amount of commercial uses allowed at Activity Center#7 (Rattlesnake Hammock Road and Collier Boulevard) is 40 acres per quadrant, except that the northeast quadrant may have a total of 59 acres, for a total of 179 acres maximum in the entire Activity Center; the balance of the land area shall be limited to non- commercial uses as allowed in Mixed Use Activity Centers. With respect to the+/- 19 acres in the northeast quadrant of Activity Center #7, said acreage lying adjacent to the east of the Hammock Park Commerce Center PUD, commercial development (exclusive of the allowed"1/4 mile support medical uses") shall be limited to a total of 185,000 square feet of the following uses: personal indoor self-storage facilities — this use shall occupy no greater than 50% of the total (185,000) building square feet; offices for various contractor/builder construction trade specialists inclusive of the offices of related professional disciplines and services that typically serve those construction businesses or otherwise assist in facilitating elements of a building and related infrastructure, including but not limited to architects, engineers, land surveyors and attorneys—these offices of related professional disciplines and services shall occupy no greater than 50% of the total (185,000) building square feet; warehouse space for various contractor/builder construction trades occupants; mortgage and land title companies; related businesses including but not limited to lumber and other building materials dealers,paint, glass, and wallpaper stores, garden supply stores — all as accessory uses only, accessory to offices for various contractor/builder construction trade specialists or accessory to warehouse space for various contractor/builder construction trades occupants; management associations of various types of buildings or provision of services to buildings/properties; and, fitness centers. The maximum amount of commercial uses allowed at Activity Center #14 (Goodlette-Frank Road and Golden Gate Parkway) is 45 acresi ter—commercial—use; the balance of the land uses shall be limited to non- commercial uses as allowed in Mixed Use Activity Centers. 3. The location and configuration of all land uses within a Master Planned Activity Center shall be compatible with and related to existing site features, surrounding Words underlined are added;words struck-through are deleted. BCC ADOPTION 15 Exhibit"K As approved by CCPC on 10-30-12 EAR-based GMP Amendments Future Land Use Element—to BCC for Adoption 12-11-12 ,h. development, and existing natural and manmade constraints. Commercial uses shall be oriented so as to provide coordinated and functional transportation access to major roadways serving the Activity Center, and functionally related or integrated with surrounding land uses and the planned transportation network. 4. Adjacent properties within the Activity Center that are not under the unified control of the applicant shall be considered and appropriately incorporated (i.e. pedestrian, bicycle and vehicular interconnections)into the applicant's Master Plan. *** *** *** *** *** text break *** *** *** *** *** H. AGRICULTURAL/RURAL DESIGNATION [No change to text—provided for context,page 66] *** *** *** *** *** text break *** *** *** *** *** A. Agricultural/Rural Mixed Use District [No change to text—provided for context,page 67] *** *** *** *** *** text break *** *** *** *** *** B. Rural Fringe Mixed Use District [No change to text—provided for context,page 69] The Rural Fringe Mixed Use District is identified on Future Land Use Map. This District consists of approximately 93,600 acres, or 7% of Collier County's total land area. Significant portions of this District are adjacent to the Urban area or to the semi-rural, rapidly developing, large-lot North Golden Gate Estates platted lands. Agricultural land uses within the Rural Fringe Mixed Use District do not represent a significant portion of the County's active agricultural lands. As of the date of adoption of this Plan Amendment, the Rural Fringe Mixed Use District consists of more than 5,550 tax parcels, and includes at least 3,835 separate and distinct property owners. Alternative land use strategies have been developed for the Rural Fringe Mixed Use District, in part,to consider these existing conditions. The Rural Fringe Mixed Use District provides a transition between the Urban and Estates Designated lands and between the Urban and Agricultural/Rural and Conservation designated lands farther to the east. The Rural Fringe Mixed Use District employs a balanced approach, including both regulations and incentives,to protect natural resources and private property rights, providing for large areas of open space, and allowing, in designated areas, appropriate types, density and intensity of development. The Rural Fringe Mixed Use District allows for a mixture of urban and rural levels of service, including limited extension of central water and sewer, schools,recreational facilities,commercial uses and essential services deemed necessary to serve the residents of the District. In order to preserve existing natural resources, including habitat for listed species, to retain a rural, pastoral, or park-like appearance from the major public rights-of- way within this area, and to protect private property rights, the following innovative planning and development techniques are required and/or encouraged within the District. Words underlined are added;words ugh are deleted. BCC ADOPTION 16 Exhibit"A" As approved by CCPC on 10-30-12 EAR-based GMP Amendments Future Land Use Element—to BCC for Adoption 12-11-12 *** *** *** *** *** text break *** *** *** *** *** 1. Transfer of Development Rights (TDR), and Sending, Neutral, and Receiving Designations: [No change to text—provided for context,page 69] *** *** *** *** *** text break *** *** *** *** *** C) Sending Lands: Sending Lands are those lands that have the highest degree of environmental value and sensitivity and generally include significant wetlands, uplands,and habitat for listed species. [No change to text—provided for context,page 76] *** *** *** *** *** text break *** *** *** *** *** 6. Early Entry TDR Bonus: An Early Entry TDR Bonus shall be available in the form of an additional one TDR Credit for each base TDR Credit severed from Sending Lands from March 5, 2004, onward for a period of si-x and one h if ten years after the adoption of the LDC amendment implementing this provision, or until March 27, 2012 September 27. 2015. Early Entry TDR Bonus Credits may be used after the termination of the bonus period. *** *** *** *** *** text break *** *** *** *** *** 7. Permitted Uses: Permitted uses are limited to the following: [No change to text—provided for context,page 77] *** *** *** *** *** text break *** *** *** *** *** [Revised text,pages 77-78] f) Essential Services necessary to serve permitted uses identified in Section 5.a) 7.a)through )7.e) such as ... *** *** *** *** *** text break *** *** *** *** *** 8. Conditional Uses: [Revised text,page 78] a) The following uses are conditionally permitted subject to approval through a public hearing process: (1) Essential services not identified above in 441)In.. Within one year, Collier County will review essential services currently allowed in the Land Development Code and will define those uses intended to be conditionally permitted in Sending designated lands. During this one-year period or if necessary until a comprehensive plan amendment identifying conditionally permitted essential services, no conditional uses for essential services within Sending designated lands shall be approved. Words underlined are added;words struck reu9h are deleted. BCC ADOPTION 17 Exhibit"A" As approved by CCPC on 10-30-12 EAR-based GMP Amendments Future Land Use Element—to BCC for Adoption 12-11-12 (2) Public facilities,including solid waste and resource recovery facilities,and public vehicle and equipment storage and repair facilities, shall be permitted within Section 25,Township 49S, Range 26E, on lands adjacent to the existing County landfill. This shall not be interpreted to allow for the expansion of the landfill into Section 25 for the purpose of solid waste disposal. (3) Commercial uses accessory to permitted uses'La), 4.o)and 4.d) 7.a1, 7.c) and 7.d), such as retail sales of produce accessory to farming, or a restaurant accessory to a park or preserve, so long as restrictions or limitations are imposed to insure the commercial use functions as an accessory, subordinate use. *** *** *** *** *** text break *** *** *** *** *** 4. Exemptions from the Rural Fringe Mixed Use District — [Revised text,page 84] The requirements, limitations and allowances of this District shall not apply to, affect or limit the continuation of existing uses. Existing uses shall include: those uses for which all required permits were issued prior to June 19,2002;or projects for which a Conditional use er-Regene-petitien has been approved by the County prior to June 19,2002; or, projects for which a Rezone petition has been approved by the County prior to June 19, 2002 — inclusive of all lands not zoned A, Rural Agricultural; or, land use petitions for which a completed application has been submitted prior to June 19, 2002. The continuation of existing uses shall include on-site expansions of those uses if such expansions are consistent with or clearly ancillary to the existing uses. Hereafter, such previously approved developments shall be deemed to be consistent with the Plan's Goals, Objectives and Policies and for the Rural Fringe Mixed Use District, and they may be built out in accordance with their previously approved plans. Changes to these previous approvals shall also be deemed to be consistent with the Plan's Goals, Policies and Objectives for the Rural Fringe Mixed Use District as long as they do not result in an increase in development density or intensity. *** *** *** *** *** text break *** *** *** *** *** V. OVERLAYS AND SPECIAL FEATURES [Revised per DEO Comment,pages 87—89] A. Area of Critical State Concern Overlay The Big Cypress Area of Critical State Concern (ACSC) was established by the 1974 Florida Legislature. The Critical Area is displayed on the Future Land Use Map as an overlay area. The Critical Area encompasses lands designated Conservation,Agricultural/Rural, Estates and Urban (Port of the Islands, Plantation Island and Copeland). The ACSC regulations notwithstanding, there is an existing Development Agreement between Port of the Islands, Inc. and the[then] State of Florida Department of Community Affairs, approved in July 1985, which regulates land uses in the Port of the Islands Urban area; and, there is an Agreement between the Board of County Commissioners and the Florida Department of Community Affairs, approved in April 2005, pertaining to development in Plantation Island. Chokoloskee is excluded from the Big Cypress Words underlined are added;words struck-through are deleted. BCC ADOPTION 18 Exhibit "A" As approved by CCPC on 10-30-12 EAR-based GMP Amendments Future Land Use Element—to BCC for Adoption 12-11-12 Area of Critical State Concern. All Development Orders within the Critical Area shall comply with Chapter 28-25, Florida Administrative Code, "Boundary and Regulations for the Big Cypress Area of Critical State Concern". Those regulations include the following: *** *** *** *** *** text break *** *** *** *** *** All Development Orders issued for projects within the Big Cypress Area of Critical State Concern shall be rendered to the State of Florida Department of CemmiiiiitAdralfs Economic Opportunity for review with the potential for appeal to the Administration Commission per Chapter 934 73C-44, Florida Administrative Code, "Community Planning, Development Order Requirements for Areas of Critical State Concern". *** *** *** *** *** text break *** *** *** *** *** Policy 1.16: [RLSA Policy revised per DEO Comment,page 98] Stewardship Receiving Areas will accommodate uses that utilize creative land use planning techniques and Credits shall be used to facilitate the implementation of innovative and flexible development strategies described in Chapter 163.3177(11), F.S. and 9J 5.006(5)(1) Section 163.3168(2),Florida Statutes. *** *** *** *** *** text break *** *** *** *** *** Policy 4.6: [RLSA Policy revised per DEO Comment,page 105] SRA characteristics shall be based upon innovative planning and development strategies referenced in Chapter 163.3177(11), F.S. and 93 5.006(5)(1) Section 163.3168(2), Florida Statutes. These planning strategies and techniques include urban villages, new towns, satellite communities, area-based allocations, clustering and open space provisions, and mixed-use development that allow the conversion of rural and agricultural lands to other uses while protecting environmentally sensitive areas, maintaining the economic viability of agricultural and other predominantly rural land uses, and providing for the cost-efficient delivery of public facilities and services. Such development strategies are recognized as methods of discouraging urban sprawl. *** *** *** *** *** text break *** *** *** *** *** H. Coastal High Hazard Area: [Revised text,page 120] Policy 12.2.5 of the Conservation and Coastal Management Element (CCME) defines the Coastal High Hazard Area (CHHA). The CHHA boundary is generally depicted on the Future Land Use Map and is more precisely shown in the Future Land Use Map series; all lands lying seaward of that boundary are within the CHHA. New rezones to permit mobile home development shall not be allowed within the CHHA. The Capital Improvement Element and Conservation and Coastal Management Element both contain policies pertaining to the expenditure of public funds for public facilities within the CHHA. *** *** *** *** *** text break *** *** *** *** *** Words underlined are added;words are deleted. BCC ADOPTION 19 Exhibit"A" As approved by CCPC on 10-30-12 EAR-based GMP Amendments Future Land Use Element—to BCC for Adoption 12-11-12 FUTURE LAND USE MAP SERIES [Revised text,final page of FLUE text] • Future Land Use Map [Added new Future Land Use Map Series maps] Activity Center Index Map *4* *** *4* *4* *4* text break *4* *** *4* *4* *4* Collier Boulevard Community Facility Subdistrict Map Coastal High Hazard Area Map Coastal High Hazard Area Comparison Map *** *4* *4* *** *4* text break *** *4* *** *** *4* Future Land Use Map and Map Series [Revised and new maps, following FLUE text] [Revised further per DEO Comment] a. Amend countywide Future Land Use Map(FLUM)to: 1. Delete Traffic Congestion Area boundary (correlates to changes in Density Rating System) 2. Revise Coastal High Hazard Area boundary (correlates to changes in Policy 12.2.5 of Conservation and Coastal Management Element and changes in Density Rating System) 3. Revise planning horizon from 2006-2016 to 2012-2025. 4. Correct the names of the following parks and preserves: change Fakahatchee Strand State Preserve to "Fakahatchee Strand Preserve State Park"; change Delnor-Wiggins State Recreation Area to "Delnor-Wiggins Pass State Park"; change Barefoot Beach State Preserve to "Barefoot Beach Preserve County Park". b. Create new Coastal High Hazard Area Map depicting revised Coastal High Hazard Area boundary—generalized boundary to correlate with that depicted on countywide FLUM and more precise boundary(correlates to changes in Policy 12.2.5 of Conservation and Coastal Management Element, revised CHHA boundary on countywide FLUM, and changes in Density Rating System) c. Create new Coastal High Hazard Area Comparison Map depicting revised Coastal High Hazard Area boundary — generalized boundary to correlate with that depicted on countywide FLUM and more precise boundary—and the now existing (to become former) CHHA boundary for comparison purposes (correlates to changes in Policies 6.1.1 and 12.2.5 of Conservation and Coastal Management Element and revised CHHA boundary on countywide FLUM) [The above revisions also affect the text entries in the Future Land Use Map Series listing appearing on Future Land Use Element page 1] G:ICDES Planning ServicesComprehensive12011 EAR-BASED GMP AMENDMENTSIBCC Adoption - EAR-based GMPAslelements\FLUE_BCC adoptn DW111-1 FLUE ExhbitA EAR to BCC for Adoption.doc '`° OW,cs Words underlined are added;words Hugh are deleted. 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J/ } a i Mid E ,' •i e w/'�F ° .4, 4 1• b 0 1 2 4 6 — Miles • n_ ”, FILE February 2012 wHANr � ORDINANCE NO. 12- AN ORDINANCE AMENDING ORDINANCE NUMBER 89-05, AS AMENDED, THE COLLIER COUNTY GROWTH MANAGEMENT PLAN FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE GOLDEN GATE AREA MASTER PLAN AND GOLDEN GATE AREA FUTURE LAND USE MAP AND MAP SERIES TO PROVIDE FOR 2011 EVALUATION AND APPRAISAL REPORT (EAR) BASED AMENDMENTS TO THE GROWTH MANAGEMENT PLAN; 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 hearings to provide for and encourage public participation throughout the 2011-12 plan amendment process; and WHEREAS, Collier County did submit the 2011-12 Growth Management Plan amendments to the Department of Economic Opportunity for preliminary review on May 03, 2012; and WHEREAS, the Department of Economic Opportunity did review and did not make written objections to the amendments to the Growth Management Plan and transmitted the same 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 Economic Opportunity to adopt, adopt with changes or not adopt the proposed amendments to the Growth Management Plan; and WHEREAS, the Collier County Planning Commission held a public hearing on the adoption of the amendments to the Growth Management Plan on October 30, 2012; 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 amendments to the Growth Management Plan on December 11, 2012; 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: Words underlined are added; words struck through are additions; words with 1 *** indicates a page break SECTION ONE: ADOPTION OF AMENDMENTS TO THE GOLDEN GATE AREA MASTER PLAN AND GOLDEN GATE AREA FUTURE LAND USE MAP AND MAP SERIES OF THE GROWTH MANAGEMENT PLAN. The Board of County Commissioners hereby adopts the amendments to the Golden Gate Area Master Plan and Golden Gate Area Future Land Use Map and Map Series attached hereto as Exhibit"A" and incorporated herein by reference. SECTION TWO: SEVERABILITY. If any phrase or portion of this Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion. SECTION THREE: EFFECTIVE DATE. The effective date of these plan amendments, if the amendments are not timely challenged, shall be 31 days after the state land planning agency notifies the local government that the plan amendment package is complete. If timely challenged, these amendments shall become effective on the date the state land planning agency or the Administration Commission ostrk enters a final order determining this adopted amendment to be in compliance. 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, 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 state land planning agency. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County this day of December, 2012. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA By: BY: , Deputy Clerk FRED W. COYLE, Chairman Words underlined are added; words struck through are additions; words with 2 *** indicates a page break Approved as to form and legal sufficiency: t,t°t Heidi Ashton-Cicko Managing Assistant County Attorney Attachment: Exhibit"A- 2011 EAR-BASED ADOPTION- GOLDEN GATE AREA MASTER PLAN ELEMENT Rev. 10/30/12 CP\12-CMP-00848\55 Words underlined are added; words struck through are additions; words with 3 *** indicates a page break Exhibit AN As approved by CCPC on 10-30-12 EAR-based GMP Amendments Golden Gate Area Master Plan—to BCC for Adoption 12-11.12 II. OVERVIEW A. COUNTY-WIDE PLANNING PROCESS [Revised per DEO Comment,page 3] Pursuant to . - "---.. _ . • _ • .. . •• _.. . A • - . . . • _ " .. . . . - • , - - • . - . .. - ---, ,,, . , .. _ • _ . . • _ •- -.• . - -• • • .. .. .. . ! - - .. ,. . . - - Section 163.3177(6), Florida Statutes, the Collier County Growth Management Plan shall contain the following elements: 1. Future Land Use 2. Housing 3. Public Facilities 4. Conservation and Coastal Management(Coastal Counties only) 5. Intergovernmental Coordination 6. Capital Improvements 7. Transportation 8. Recreation and Open Space. In addition to the above Elements, local government comprehensive plans in Florida may, by decision of the local legislative body, contain one or more optional elements. Optional elements are required to comply with certain general criteria under Rule 9J 5, Florida Administrative Code Section 163.3177, Florida Statutes, but are not subject to specific requirements (with some exceptions). In 1991, the Board of County Commissioners chose the option of adopting the Golden Gate Area Master Plan,in recognition of the unique characteristics of the Golden Gate Area. In addition to establishing the Collier County Growth Management Plan's mandatory structure, Chapter 163, F.S. and Rule 9J 5, F.A.C. Florida Statutes, also subjects the Plan to a mandatory evaluation process every seven(7)years. This process involves the preparation of an Evaluation and Appraisal Repeft Review (EAR) to determine whether, and to what extent, the existing Growth Management Plan has carried out its stated Goals,Objectives and Policies. GOALS,OBJECTIVES AND POLICIES [Revised text,page 4] GOAL 1: [Revised text,page 4] TO GUIDE LAND USE AND PUBLIC FACILITY DECISION MAKING WHILE ACING AND TO BALANCE THE NEED TO PROVIDE BASIC SERVICES WITH NATURAL RESOURCE CONCERNS THROUGH A WELL PLANNED MIX OF COMPATIBLE LAND USES WHICH ENSURE THE HEALTH, SAFETY, WELFARE, AND QUALITY OF LIFE FOR THE LOCAL RESIDENTS. OBJECTIVE 1.1: [Restructured to improve format as an"objective",revised text,page 41 _., . _ - " . . .. . •.. _ -.. . _ - - - _ . . .• _ .. . Words underlined are added;words stfusk-thraugh are deleted. BCC ADOPTION 1 Exhibit "A" As approved by CCPC on 10-30-12 EAR-based GMP Amendments Golden Gate Area Master Plan—to BCC for Adoption 12-11-12 .... _ .., .... . .. . . . - - - - - - _ - •. _. . .. - _.. . _ - *• _.. OBJECTIVE 1.1: Develop new or revised uses of land shall-be consistent with designations outlined on the Golden Gate Area Future Land Use Map and provisions found in the Land Use Designation Description Section of this Element. Policy 1.1.0.1: The Policies under the above Objective shall identify the Future Land Use Designations, Districts, and Subdistricts for the Golden Gate Area. Policy 1.1.0.2: The Land Use Designation Description Section of this Element shall provide the standards and permitted uses for Golden Gate Area Future Land Use Districts and Subdistricts. Policy 1.1.0.3: The Golden Gate Area Future Land Use Map and companion Future Land Use Designations, Districts, and Subdistricts shall be binding on all development orders unless otherwise permitted in this Master Plan effective with the adoption of this Master Plan. *** *** *** *** *** text break *** *** *** *** *** OBJECTIVE 1.3: [Restructured to improve format as an"objective",revised text,page 6] Protect and preserve the valuable natural resources within the Golden Gate area. _- .... - . - e • - . ' . '_•- _. . .. _.., . .. . Policy 1.3.0.1: The County shall protect and preserve natural resources within the Golden Gate area in accordance with the Objectives and Policies contained within Goals 6 and 7 of the Collier County Conservation and Coastal Management Element. *** *** *** *** *** text break *** *** *** *** *** OBJECTIVE 1.4: [Restructured to improve format as an"objective",revised text,page 6] - .. . . : Provide a living environment within the Golden Gate Area, which is aesthetically acceptable and enhances protects the quality of life. Policy 1.4.0.1: [Revised text,page 6] Collier County shall provide a living environment that is aesthetically acceptable and enhances protects the duality of life through the enforcement of th r a Develop--'en: Code =nd `'=e housing- -bug applicable codes and laws. Words underlined are added;words struslc-throu+gb are deleted. BCC ADOPTION 2 Exhibit"A" As approved by CCPC on 10-30-12 Ar EAR-based GMP Amendments Golden Gate ea Master Plan—to BCC for Adoption 12-11-12 Policy 1.4.1: [Revised text,page 6] The County's Code Enforcement Board shall strictly enforce the Land Development Code and other applicable codes and laws to control the illegal storage of machinery, vehicles and junk, and the illegal operation of commercial activities within the Golden Gate Area. *** *** *** *** *** text break *** *** *** *** *** GOAL 2: [Rephrased to improve format as a"goal",revised text,page 7] THE COUNTY RECOGNIZES THAT THE SOUTHERN GOLDEN GATE ESTATES • • e - e - Y-L -0 ='_ . S R EVERGLADES PROGRAM, THAT AREA WHICH LIES SOUTH OF STATE ROAD 84 TO US 41, IS AN AREA OF SPECIAL ENVIRONMENTAL SENSITIVITY AND IS BIOLOGICALLY AND • • • • 6 . ' • ' • -• TO RECOGNIZE THAT THE AREA WHICH LIES SOUTH OF INTERSTATE 75 (ALLIGATOR ALLEY) TO US 41 (EAST TRAIL) IS AN AREA OF SPECIAL ENVIRONMENTAL SENSITIVITY AND IS BIOLOGICALLY AND HYDROLOGICALLY IMPORTANT THROUGH PARTICIPATION IN THE PICAYUNE STRAND RESTORATION PROJECT AS PART OF THE FEDERAL SAVE OUR EVERGLADES PROGRAM. BASED UPON SUCH CONDITIONS. THE STATE HAS ACQUIRED OWNERSHIP OF ALL LANDS WITHIN THE SOUTHERN GOLDEN GATE ESTATES (SGGE) PICAYUNE STRAND RESTORATION PROJECT AREA. [Deleted text,page 7] } 1: [Deleted text,page 7] Policy-2714f [Deleted text,page 7] ede Po}1ey-2:l; [Deleted text,page 7] expanded t Poliey4A4: [Deleted text,page 7] - • "- .... .. .. .. . .• - Words underlined are added;words struck-through are deleted. BCC ADOPTION 3 Exhibit"A° As approved by CCPC on 10-30-12 EAR-based GMP Amendments Golden Gate Area Master Plan—to BCC for Adoption 12-11-12 [Deleted text,page 7] [Deleted text,page 8]• ..,. , - -.. -, . . ,. . _. _ _ . - _ . ', . , _ - . . . - - '> • > L Pow; [Deleted text,page 8] . .. -, , _ .. . . . . _ .. . .. . , • said-impact - . - - • - • . • - - ' -.. . ! - - . - - • - , - . ... • _ .• ,-. • - --=> cc • - - - --" -• - - •. - • - -- - - - . .. - -. - _ •-- - . , ! ... - . . - :. GOAL 3: [Rephrased to improve format as a"goal",revised text,page 9] TO PROVIDE FOR BASIC COMMERCIAL SERVICES FOR PURPOSES OF SERVING THE RURAL NEEDS OF GOLDEN GATE ESTATES RESIDENTS, SHORTENING VEHICULAR TRIPS,AND PRESERVING RURAL CHARACTER. Words underlined are added;words struek-threwgil are deleted. BCC ADOPTION 4 Exhibit"A" As approved by CCPC on 10-30-12 EAR-based GMP Amendments Golden Gate Area Master Plan—to BCC for Adoption 12-11-12 OBJECTIVE 3.1: [Rephrased to improve format as an"objective",revised text,page 9] mMeet the locational and rural design criteria contained within the Estates Designation, Estates- Mixed Use District, Neighborhood Center Subdistrict of this Golden Gate Area Master Plan Element, of the Collier County Growth Management Plan when considering the placement and designation of Neighborhood Centers within Golden Gate Estates shall. *** *** *** *** *** text break *** *** *** *** *** GOAL 4: [Rephrased to improve format as a"goal",revised text,page 10] _e _- - ' a �. YI► . �. �. - _ a I 1 _11. _ _ - \ • Y__ .. YY .. - TO PRESERVE AND ENHANCE A MI( OF RESIDENTIAL AND COMMERCIAL LAND USES WITHIN GOLDEN GATE CITY THAT PROVIDES FOR THE BASIC NEEDS OF BOTH THE LOCAL RESIDENTS AND THE RESIDENTS OF THE SURROUNDING AREA. OBJECTIVE 4.1: [Restructured to improve format as an"objective",revised text,page 10] Provide for residential and commercial land uses that meet the needs of the surrounding area in the development and redevelopment within Golden Gate City. Policy 4.0.1: Development and redevelopment within Golden Gate City shall be guided by the residential and commercial needs of the surrounding area Policy 4.1.1: [Revised text,page 10] By 2006, Collier County shall develop an implementation schedule for the creation of a community-planning program for Golden Gate City. The implementation schedule shall take into consideration the following issues: a) Affordable housing based upon home ownership; b) Commercial re-vitalization,to include: i. Sidewalks ii. Traffic calming measures iii. Improved street lighting; c) Neighborhood parks,open space and recreational centers; d) Crime reduction; e) Consistent enforcement of land development regulations; and, f) Improved lighting for streets and parking areas. Policy 4.1.2: [Revised text,page 10] By 2006,, Collier County shall begin to examine, by holding community meetings, the feasibility of establishing neighborhood-based planning programs within Golden Gate City that focus on the unique or distinct features of the different portions of the community. While focusing on distinct Words underlined are added;words struck thresh are deleted. BCC ADOPTION 5 Exhibit AN As approved by CCPC on 10-30-12 EAR-based GMP Amendments Golden Gate Area Master Plan—to BCC for Adoption 12-11-12 areas within the community, such neighborhood planning efforts as may be established shall not neglect Golden Gate City as a whole. Policy 4.1.3: [Revised text,page 10] By 2006, Collier County shall examine the feasibility of crafting land development regulations specific to the Golden Gate City community. Such regulations shall focus on the unique circumstances of this community. GOAL 5: [Rephrased to improve format as a"goal",revised text,page 11] ~- .. P.- 1 e MN_ . 11 \ _ • ' _ Y ANY._11. - e - \ - • - • - Y .-- TO BALANCE THE DESIRE BY RESIDENTS FOR URBAN AMENITIES WITHIN GOLDEN GATE ESTATES WITH THE PRESERVATION OF THE AREA'S RURAL CHARACTER,AS DEFINED BY WOODED LOTS,THE KEEPING OF LIVESTOCK, THE ABILITY TO GROW CROPS, WILDLIFE ACTIVITY, LOW-DENSITY RESIDENTIAL DEVELOPMENT, AND LIMITATIONS ON COMMERCIAL AND CONDITIONAL USES. OBJECTIVE 5.1: [Rephrased to improve format as an"objective",revised text,page 11] .. ;, . _ - - _. : 9 - , , .. _ . .- .. _ _ . Provide for new commercial development within Neighborhood Centers. *** *** *** *** *** text break *** *** *** *** *** OBJECTIVE 5.2: [Rephrased to improve format as an"objective",revised text,page 11] Balance the provision of public infrastructure with the need to preserve the rural character of Golden Gate Estates. *** *** *** *** *** text break *** *** *** *** *** Policy 5.2.2: [Revised text,page 12] The Collier County Parks and Recreation Department shall create a public network of greenway corridors within Golden Gate Estates that interconnects public lands and permanently protected green space. "•- -_ - . _ •. :.t !e . The greenway network shall consist of interconnected trails and paths which allow people to move about the Estates Area by means other than motorized vehicles. All greenways shall be constructed within existing or future public rights-of-way. In creating the greenway network, the County shall not employ eminent domain proceedings. Policy 5.2.3: [Revised text,page 12] Recognizing the existing residential nature of the land uses surrounding the planned 1-75 interchange at Golden Gate Parkway, as well as the restrictions on conditional uses of the Conditional Uses Subdistrict of the Golden Gate Area Master Plan, there shall be no further commercial zoning for properties abutting Golden Gate Parkway between Livingston Road and Santa Barbara Boulevard. No new commercial uses shall be permitted on properties abutting streets accessing Golden Gate Parkway within the above-defined segment. This policy shall not , Words underlined are added;words ugh are deleted. BCC ADOPTION 6 Exhibit"A" As approved by CCPC on 10-30-12 EAR-based GMP Amendments Golden Gate Area Master Plan—to BCC for Adoption 12-11-12 apply to that existing portion of the Golden Gate Estates Commercial Infill Subdistrict, which is located at the northwest corner of the intersection of Golden Gate Parkway and Santa Barbara Boulevard. OBJECTIVE 53: [Restructured to improve format as an"objective",revised text,page 12] Provide for the protection of the rural character of Golden Gate Estates. Policy 5.3.0.1: These Rural character protection provisions shall provide for the preservation of such rural amenities as, but not limited to, wooded lots, the keeping of livestock, the ability to grow crops, wildlife activity,and low-density residential development. *** *** *** *** *** text break *** *** *** *** *** Policy 5.3.2: [Revised text,page 12] The Land Development Code shall continue to allow and further encourage the preservation of native vegetation and wildlife indigenous to the Estates Area. GOAL 6: [Rephrased to improve format as a"goal",revised text,page 13] TO PROVIDE FOR A SAFE AND EFFICIENT COUNTY AND LOCAL ROADWAY NETWORK, WHILE AT THE SAME TIME SEEKING TO PRESERVE THE RURAL CHARACTER OF GOLDEN GATE ESTATES IN FUTURE TRANSPORTATION IMPROVEMENTS WITHIN THE GOLDEN GATE AREA SHALL. OBJECTIVE 6.1: [Rephrased to improve format as an"objective",revised text,page 13] - _. _ . .. - . e' ' . . .. • . Increase the number of route alternatives for traffic moving through the Golden Gate Area in both east-west and north-south directions, consistent with neighborhood traffic safety considerations, and consistent with the preservation of the area's rural character. *** *** *** *** *** text break *** *** *** *** *** Policy 6.1.2: [Revised text,page 13] Collier County shall continue to coordinate with the Florida Department of Transportation to initiate implement a study of a potential interchange in the vicinity of I-75 and Everglades Boulevard. OBJECTIVE 6.2: [Rephrased to improve format as an"objective",revised text,page 13] Increase linkages within the local road system for the purposes of limiting traffic on arterials and major collectors within Golden Gate Estates, shortening vehicular trips, and increasing overall road system capacity, -- . .. • - -- - - . *** *** *** *** *** text break *** *** *** *** *** Words underlined are added;words dough are deleted. BCC ADOPTION 7 Exhibit"A" As approved by CCPC on 10-30-12 EAR-based GMP Amendments Golden Gate Area Master Plan—to BCC for Adoption 12-11-12 OBJECTIVE 6.3: [Rephrased to improve format as an"objective",revised text,page 13] Coordinate with local emergency services officials in planning and constructing road improvements within Golden Gate Estates and Golden Gate City to ensure that the access needs of fire department, police and emergency management personnel and vehicles are met. Policy 6.3.1: [Revised text,page 14] 95T4 The Collier County Transportation Planning Department Section shall hold at least one annual public meeting with Golden Gate Area emergency services providers and the local civic association in order to ensure that emergency needs are addressed during the acquisition of right-of-way for design and construction of road improvements. Policy 6.3.2: [Revised text,page 14] The Collier County Transportation Planning Deft Section shall continue to coordinate with Golden Gate Area emergency services providers to prioritize necessary road improvements related to emergency evacuation needs. GOAL 7: [Rephrased to improve format as a"goal",revised text,page 15] WILL BE TO PROTECTED THE LIVES AND PROPERTY OF THE RESIDENTS OF THE GREATER GOLDEN GATE AREA, AS WELL AS THE HEALTH OF THE NATURAL ENVIRONMENT, THROUGH THE PROVISION OF EMERGENCY SERVICES THAT PREPARE FOR, MITIGATE, AND RESPOND TO, NATURAL AND MANMADE DISASTERS. OBJECTIVE 7.1: [Rephrased to improve format as an"objective",revised text,page15] Maintain and implement public information programs through the Collier County Bureau of Emergency Services, Collier County Sheriff's Department, Golden Gate Fire Control and Rescue District, and other appropriate agencies, to inform residents and visitors of the Greater Golden Gate Area regarding the means to prevent, prepare for, and cope with, disaster situations. *** *** *** *** *** text break *** *** *** *** *** Policy 7.1.3:• [Revised text,page 15] By 2005, t The Collier County .• •• • `• - - _- . - • ' . . _. .. _ _- Land Development Services Department of the Growth Management Division shall evaluate the Land Development Code for Golden Gate Estates and shall eliminate any requirements that are found to be inconsistent with acceptable fire prevention standards. This evaluation process shall be coordinated with the Golden Gate Fire Control and Rescue District and the Collier County Bureau of Emergency Services. *** *** *** *** *** text break *** *** *** *** *** 1,4 Mtry, Words underlined are added;words stTueli-tileektgb are deleted. BCC ADOPTION 8 Exhibit"A" As approved by CCPC on 10-30-12 EAR-based GNP Amendments Golden Gate Area Master Plan—to BCC for Adoption 12-11-12 OBJECTIVE 7.2: [Rephrased to improve format as an"objective",revised text,page 15] Ensure that the needs of these-entities all applicable emergency services providers to are included and shah—be coordinated with in the overall public project design for capital improvement projects within the Golden Gate Area. Policy 7.2.1: [Revised text,page 15] Preparation of Collier County's annual Schedule of Capital Improvements for projects within the Golden Gate Area shall be coordinated with planners, or the agents or representatives with planning responsibilities, from the Fire Districts,public and private utilities, Emergency Medical Services Department and the Collier County Sheriff's Department to ensure that public project designs are consistent with the needs of these agencies. Policy 7.2.2: [Revised text,page 16] Planners, or the agents or representatives with planning responsibilities, from the Golden Gate Fire Control and Rescue District, Collier County Emergency Medical Services Department and the Collier County Sheriff's Department shall will receive copies of pre-construction plans for capital improvement projects in the Golden Gate Area and shall will be invited to review and comment on plans for the public projects. OBJECTIVE 7.3: [Rephrased to improve format as an"objective",revised text,page 16] - ,. ... - -.. .. .. .. .. . _ :., , . - . . _ . Developing strategies through the County Growth Management Division— Planning and Regulation for the enhancement of roadway interconnection within Golden Gate City and the Estates Area, including interim measures to assure interconnection shall-be dev ed. Policy 7.3.1: [Revised text,page 16] By-2006t The Collier County Bureau of Emergency Services,the Collier County Transportation Division, Golden Gate Fire Control and Rescue District, and other appropriate Federal, State or local agencies, shall begin establishing one or more of the following routes for emergency evacuation purposes: a. An I-75 Interchange at in the vicinity of Everglades Boulevard. b. Improved emergency access from Everglades Boulevard to I-75. c. Construction of a north-south bridge on 23rd Street, SW, between White Boulevard and Golden Gate Boulevard. *** *** *** *** *** text break *** *** *** *** *** Policy 7.3.4: [Revised text,page 16] Beginning—in-2006T County-owned property within Golden Gate Estates shall be subject to an active, on-going management plan to reduce the damage caused by wildfires originating from County-owned properties. *** *** *** *** *** text break *** *** *** *** *** Words underlined are added;words are deleted. BCC ADOPTION 9 Exhibit"A° As approved by CCPC on 10-30-12 EAR-based GMP Amendments Golden Gate Area Master Plan—to BCC for Adoption 12-11-12 Land Use Designation Description Section Estates—Mixed Use District: Conditional Uses Subdistrict [Revised text,pages 31 —34] 2. ESTATES DESIGNATION A. Estates—Mixed Use District 3. Conditional Uses Subdistrict Various types of conditional uses are permitted in the Estates zoning district within the Golden Gate Estates area. In order to control the location and spacing of new conditional uses, one of the following four sets of criteria shall be met: a) Essential Services Conditional Use Provisions: Those Essential Services Conditional Uses, as identified within Section 2.01.03 G. of the Collier County Land Development Code, may be allowed anywhere within the Estates Zoning District, except as prohibited in certain Neighborhood Centers,and are defined as: • electric or gas generating plants, • effluent tanks, • major re-pump stations, • sewage treatment plants, including percolation ponds, • hospitals and hospices, • water aeration or treatment plants, • governmental facilities (except for those Permitted Uses identified in Section 2.01.03 of the Land Development Code), • public water supply acquisition,withdrawal,or extraction facilities, and • public safety service facilities,and other similar facilities. Provision Assessment: This provision, in varying iterations, has existed in the GGAMP since its adoption in 1991 and remains appropriate. However, the LDC reference and/or list of uses may not encompass all essential services, e.g. communication towers which are listed in LDC Sec. 2.01.03 Cz, Sec. 5.05.09, and in various zoning districts. Additionally, the reference to the Estates zoning district fails to capture all zoning districts found in the Golden Gate Estates area, e.g. P, Public Use zoning at Max Hasse Park. The County recommends revising the LDC reference and/or list of essential services uses to encompass all essential services uses relevant to the Golden Gate Estates area,and expanding the referenced zoning district listed to encompass all relevant zoning districts in Golden Gate Estates and/or adding reference to the Estates Designation. *** *** *** *** *** text break *** *** *** *** *** Words underlined are added;words 8tcusk-threugh are deleted. BCC ADOPTION 10 Exhibit"A" As approved by CCPC on 10-30-12 EAR-based GMPAmendments Golden Gate Area Master Plan—to BCC for Adoption 12-11-12 Land Use Designation Description Section Estates—Commercial District: Randall Boulevard Commercial Subdistrict [Revised text,pages 38—40] 2. ESTATES DESIGNATION B. Estates—Commercial District 3. Randall Boulevard Commercial Subdistrict Recognizing the unique development pattern and characteristics of surrounding land uses, the Randall Boulevard Commercial Subdistrict has been designated on the Golden Gate Area Future Land Use Map. The Subdistrict is comprised of the following properties: Tract 71, Golden Gate Estates, Unit 23; and the East 165 feet of Tract 54, Golden Gate Estates, Unit 23. See Randall Boulevard Commercial Subdistrict Map. a) The Criteria for the Subdistrict are as follows: • All commercial development is encouraged to be in the form of a PUD. • Projects directly abutting Estates zoned property shall provide, at a minimum, a 75-foot buffer of retained native vegetation in which no parking or water management uses are permitted;except that,when abutting conditional uses no such buffer is required. • Shared parking shall be required with adjoining developments whenever possible. b) Limitation of Uses-Uses shall be limited to the following: • Automobile Service Station; • Barber&Beauty Shops; • Convenience Stores; • Drug Stores; • Food Markets; • Hardware Stores; • Laundries - Self Service Only; • Post Offices and Professional Offices; • Repair Shops-Radio,TV,Small Appliances and Shoes; • Restaurants, including fast food restaurants but not drive-in restaurants • Shopping Center; • Veterinary Clinics with no outside kenneling. Provision Assessment: The specific list of uses in this subdistrict has existed in the GGAMP since its adoption in 1991 and was taken from a PUD approved prior to 1991. On April 14, 2009, the BCC approved an Appeal of a Zoning Verification Letter (Resolution 2009-99) having the effect of allowing all uses of the C-2 zoning district in the LDC at that time,under the term"shopping center." Words underlined are added;words strask-t rough are deleted. BCC ADOPTION 11 Exhibit"A" As approved by CCPC on 10-30-12 EAR-based GMP Amendments Golden Gate Area Master Plan—to BCC for Adoption 12-11-12 The County recommends replacing the term "shopping center" with reference to C-2 uses (perhaps, "All Permitted Uses of the C-2, Convenience Commercial,zoning district in the Collier County Land Development Code, Ordinance 04-41,as amended,as of April 14,2009"). G:ICDES Planning ServicessComprehenshre12011 EAR-BASED GMP AMENDMENTSIBCC Adoption-EAR-based GMPAslelementshGGAMP_BCC adoptn- CS111-1 GGAMP ExhtitA EAR to BCC for Adoption.docx CS Words underlined are added;words strask-thrsugh are deleted. BCC ADOPTION 12 ORDINANCE NO. 12- AN ORDINANCE AMENDING ORDINANCE NUMBER 89-05, AS AMENDED, THE COLLIER COUNTY GROWTH MANAGEMENT PLAN FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE ECONOMIC ELEMENT TO PROVIDE FOR 2011 EVALUATION AND APPRAISAL REPORT (EAR) BASED AMENDMENTS TO THE GROWTH MANAGEMENT PLAN; 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 hearings to provide for and encourage public participation throughout the 2011-12 plan amendment process; and WHEREAS, Collier County did submit the 2011-12 Growth Management Plan amendments to the Department of Economic Opportunity for preliminary review on May 03, 2012; and WHEREAS, the Department of Economic Opportunity did review and did not make written objections to the amendments to the Growth Management Plan and transmitted the same 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 Economic Opportunity to adopt, adopt with changes or not adopt the proposed amendments to the Growth Management Plan; and WHEREAS, the Collier County Planning Commission held a public hearing on the adoption of the amendments to the Growth Management Plan on October 30, 2012; 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 amendments to the Growth Management Plan on December 11, 2012; 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: Words underlined are added; words struck through are additions; words with 1 *** indicates a page break SECTION ONE: ADOPTION OF AMENDMENTS TO THE ECONOMIC ELEMENT OF THE GROWTH MANAGEMENT PLAN. The Board of County Commissioners hereby adopts the amendments to the Economic Element attached hereto as Exhibit "A" and incorporated herein by reference. SECTION TWO: SEVERABILITY. If any phrase or portion of this Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion. SECTION THREE: EFFECTIVE DATE. The effective date of these plan amendments, if the amendments are not timely challenged, shall be 31 days after the state land planning agency notifies the local government that the plan amendment package is complete. If timely challenged, these amendments shall become effective on the date the state land planning agency or the Administration Commission enters a final order determining this adopted amendment to be in compliance. No development orders, development permits, or land uses dependent on these amendments 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 state land planning agency. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County this day of December, 2012. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA By: BY: , Deputy Clerk FRED W. COYLE, Chairman Words underlined are added; words struck through are additions; words with 2 *** indicates a page break Approved as to form and legal sufficiency: 1-'1r1h'ty Heidi Ashton-Cicko Managing Assistant County Attorney Attachment: Exhibit"A" 2011 EAR-BASED ADOPTION- ECONOMIC ELEMENT Rcv.9/24/12 CPU 2-CMP-00848\37 Words underlined are added; words struck through are additions; words with 3 *** indicates a page break Exhibit 'A° As approved by CCPC on 10-30-12 EAR-based GMP Amendments Economic Element—to BCC for Adoption 12-11-12 GOAL: [No change to text,page 2] COLLIER COUNTY WILL ACHIEVE AND MAINTAIN A DIVERSIFIED AND STABLE ECONOMY BY PROVIDING A POSITIVE BUSINESS CLIMATE THAT ASSURES MAXIMUM EMPLOYMENT OPPORTUNITIES WHILE MAINTAINING A HIGH QUALITY OF LIFE. OBJECTIVE 1 (The Conservation and Enhancement of Natural,Cultural and Social Resources): [Revised text,page 2] Collier County will encourage the conservation and enhancement of those natural, cultural, and social resources that are integral to maintaining and expanding that portion of the County's economy which largely relies on seasonal residents and short term visitors and retired residents, retirement; particularly the recreation, hospitality and tourism industries t-oriented-eeeneniy, in order to place the County in a an advantageous competitive position to enable-the retain ention and expand siee-of these and other similar or related businesses opportunities. *** *** *** *** *** text break *** *** *** *** *** Policy 1.2: [Revised text,page 2] Collier County will support the opportunity for development and establishment of hospitals, nursing homes and additional medical related research and manufacturing facilities in order to promote a continuum of care to enhance the quality of life throughout the County. *** *** *** *** *** text break *** *** *** *** *** OBJECTIVE 2 (Expanding and Enhancing the Hospitality and Tourism Industry): [Revised text,page 3] Collier County will support programs that are designed to expand and enhance the tourism industry. *** *** *** *** *** text break *** *** *** *** *** OBJECTIVE 3(New and Existing Industries): [No change to text,page 3] Collier County will support programs which are designed to promote and encourage the recruitment of new industry as well as the expansion and retention of existing industries in order to diversify the County's economic base. *** *** *** *** *** text break *** *** *** *** *** Policy 3.3: [Revised text,page 3] Collier County will support the prepare alien of-an annual report on the progress of economic development and diversification, in the County, specifically as it relates to achieving the objectives set forth in the five-year economic development plan referenced in Policy 3.1 *** *** *** *** *** text break *** *** *** *** *** Words underlined are added;words struck-through are deleted. BCC ADOPTION 1 Exhibit"A° As approved by CCPC on 10-30-12 EAR-based GMP Amendments Economic Element—to BCC for Adoption 12-11-12 Policy 3.8: [Revised text,page 4] Collier County, in coordination with appropriate entities, will continue programs that encourage and assist in the location of new companies that build on, but not limited to the traditional economic base of Tourism, Retail Trade, Construction and the growing areas of Health and Life Sciences and Computer Software and Services. Policy 3.9: [Deleted policy,page 4] Policy 3.9 40: [Renumbered policy,page 4] Policy 3.10 1: [Renumbered policy,page 4] Policy 3.11 2: [Renumbered policy,page 4] Policy 3.12 3: [Renumbered policy,page 4] [Relocated policy,page 4] Policy 3.13 5: [Renumbered policy,page 5] Policy 3.14 6: [Renumbered policy, page 5] Policy 3.15: [New policy,page 5] Collier County will obtain and monitor the County's unemployment rate from the United States Department of Labor. OBJECTIVE 4: (Nonprofit and Civic Organizations and Local Groups/Programs): [Revised text,page 5] Recognizing the significant economic and social benefits and the overall quality of place attributable in large part to the vast array of nonprofit organizations, civic and community associations, and other local groups and programs in Collier County and in the southwest Florida region, the County, where appropriate, will support the community involvement efforts Words underlined are added;words atruslc-through are deleted. BCC ADOPTION 2 Exhibit"A" As approved by CCPC on 10-30-12 EAR-based GMP Amendments Economic Element—to BCC for Adoption 12-11-12 and economic development goals of such organizations, associations, groups and programs. Polie :- [Deleted policy,page 5] org .atieors: P : [Deleted policy,page 5] [Deleted policy,page 5] Policy 4.1: [New policy,page 5] Collier County may support the economic development initiatives of regional nonprofit organizations, goals and efforts of countywide organizations and efforts of localized organizations. OBJECTIVE 5(Expansion and Development of Educational Facilities and Programs): [No change to text, page 5] Collier County will encourage the expansion and development of educational facilities and programs that complement economic development and diversification. *** *** *** *** *** text break *** *** *** *** *** OBJECTIVE 6(Development Regulations): [No change to text,page 5] Collier County will maintain a system of development regulations that will promote the accomplishment of the goals,objectives,and policies of this Element. G:ICDES Planning Services\Comprehensive12011 EAR-BASED GMPAMENDMENTSIBCC Adoption-EAR-based GMPAslelements\Economic_BCC adopt- MB111-1 Economic Exhibit A EAR to BCC for Adoption,docx MB Words underlined are added;words are deleted. BCC ADOPTION 3 ORDINANCE NO. 12- AN ORDINANCE AMENDING ORDINANCE NUMBER 89-05, AS AMENDED, THE COLLIER COUNTY GROWTH MANAGEMENT PLAN FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE PUBLIC SCHOOLS FACILITIES ELEMENT TO PROVIDE FOR 2011 EVALUATION AND APPRAISAL REPORT (EAR) BASED AMENDMENTS TO THE GROWTH MANAGEMENT PLAN; 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 hearings to provide for and encourage public participation throughout the 2011-12 plan amendment process; and WHEREAS, Collier County did submit the 2011-12 Growth Management Plan amendments to the Department of Economic Opportunity for preliminary review on May 03, 2012; and WHEREAS, the Department of Economic Opportunity did review and did not make written objections to the amendments to the Growth Management Plan and transmitted the same 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 Economic Opportunity to adopt, adopt with changes or not adopt the proposed amendments to the Growth Management Plan; and WHEREAS, the Collier County Planning Commission held a public hearing on the adoption of the amendments to the Growth Management Plan on October 30, 2012; 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 amendments to the Growth Management Plan on December 11, 2012; 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: Words underlined are added; words struck through are additions; words with 1 *** indicates a page break SECTION ONE: ADOPTION OF AMENDMENTS TO THE PUBLIC SCHOOLS FACILITIES ELEMENT OF THE GROWTH MANAGEMENT PLAN. The Board of County Commissioners hereby adopts the amendments to the Public Schools Facilities Element attached hereto as Exhibit"A" and incorporated herein by reference. SECTION TWO: SEVERABILITY. If any phrase or portion of this Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion. SECTION THREE: EFFECTIVE DATE. The effective date of these plan amendments, if the amendments are not timely challenged, shall be 31 days after the state land planning agency notifies the local government that the plan amendment package is complete. If timely challenged, these amendments shall become effective on the date the state land planning agency or the Administration Commission enters a final order determining this adopted amendment to be in compliance. No development orders, development permits, or land uses dependent on these amendments 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 state land planning agency. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County this day of December, 2012. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA By: BY: , Deputy Clerk FRED W. COYLE, Chairman Words underlined are added; words struck through are additions; words with 2 *** indicates a page break Approved as to form and legal sufficiency: k`, ` c t Heidi Ashton-Cicko Managing Assistant County Attorney Attachment: Exhibit"A" 2011 EAR-BASED ADOPTION- PUBLIC SCHOOLS FACILITIES ELEMENT Rev.9/24/12 CP\12-CMP-00848\38 Words underlined are added; words struck through are additions; words with 3 *** indicates a page break Exhibit"A" As approved by CCPC on 10-30-12 EAR-based GMP Amendments Public School Facilities Element—to BCC for Adoption 12-11-12 GOAL: [Goal provided for contextual purposes only;no change proposed,page 3] 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 *** *** *** *** *** text break *** *** *** *** *** OBJECTIVE 2: RESIDENTIAL DEVELOPMENT REVIEW [Objective provided for contextual purposes only; no change proposed,page 3] 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. *** *** *** *** *** text break *** *** *** *** *** Policy 2.3: [Deleted text,pages 5 &6] The County, through its land development regulations, and in conjunction with the School District, shall establish a school concurrency review process for all residential development projects that are not exempt under Policy 2.2 of this Element. The following are the minimum review process requirements for all non-exempt residential development: A. Submittal of a residential development application including a School Impact Analysis(SIA) to the County for sufficiency review. B. Determination of completeness by the County. If deemed complete, the County shall transmit the application, including the SIA,to the School District for review. C. Review of the application,by the School District, for available capacity, and issuance of a School Capacity Availability Determination Letter(SCADL)within 20 days after receipt of a complete application from the County. The School District shall identify the following in the SCADL: 1. Available capacity within the affected CSA. 2. If capacity is not available within the affected CSA, the available capacity within one or more of the adjacent CSAs. (If the affected CSA does not contain a particular school type (elementary, middle, high), the adjacent CSAs shall be evaluated for available capacity.) 3. If capacity is not available in the adjacent CSAs, the School District shall indicate that the development is not in compliance with the adopted LOSS and offer the applicant the opportunity to negotiate a mitigation plan within a 90 day period. Words underlined are added;words stFusk-threug#are deleted. BCC ADOPTION 1 Exhibit"A° As approved by CCPC on 10-30-12 EAR-based GMP Amendments Public School Facilities Element to BCC for Adoption 12-11-12 - - ._ _ ::. - _ - ' .. . - - - -- —. .. - -- • - .. . . . . . . - - • .. . ' . - . . ... - - • - *** *** *** *** *** text break *** *** *** *** *** Poliey-241- [Deleted text,page 6] *** *** *** *** *** text break *** *** *** *** *** OBJECTIVE 3: [Objective provided for contextual purposes only;no change proposed,page 7] 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 existing and proposed school facilities are located consistent with existing and proposed residential areas they serve and are proximate to appropriate existing 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 existing and planned public school facilities with the plans for supporting infrastructure;establish a monitoring group; and address coordination on emergency preparedness issues. *** *** *** *** *** text break *** *** *** *** *** Policy 3.6: [Revised text,page 8] The County, ' and the School District, shall collaborate with their jointly appointed Citizen Advisory Group - • : • - • --; - - • - • - - . • : ' - to monitor planning and school concurrency Collier-Ge y. G:ICOES Planning ServiceslCompr hensive12011 EAR-BASED GMP AMENDMENTSIBCC Adoption - EAR-based GMPAslelements\PSFE_BCC adoptn - MM111-1 PSFE Exhibit A EAR to BCC for Adoption.docx Words underlined are added;words etrusk-through are deleted. BCC ADOPTION 2 ORDINANCE NO. 12- AN ORDINANCE AMENDING ORDINANCE NUMBER 89-05, AS AMENDED, THE COLLIER COUNTY GROWTH MANAGEMENT PLAN FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE IMMOKLAEE AREA MASTER PLAN ELEMENT FUTURE LAND USE MAP TO PROVIDE FOR 2011 EVALUATION AND APPRAISAL REPORT (EAR) BASED AMENDMENTS TO THE GROWTH MANAGEMENT PLAN, INCLUDING A REVISION TO THE BOUNDARY OF THE LAKE TRAFFORD/CAMP KEAIS STRAND SYSTEM OVERLAY; 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 hearings to provide for and encourage public participation throughout the 2011-12 plan amendment process; and WHEREAS, Collier County did submit the 2011-12 Growth Management Plan amendments to the Department of Economic Opportunity for preliminary review on May 03, 2012; and WHEREAS, the Department of Economic Opportunity did review and did not make written objections to the amendments to the Growth Management Plan and transmitted the same 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 Economic Opportunity to adopt, adopt with changes or not adopt the proposed amendments to the Growth Management Plan; and WHEREAS, the Collier County Planning Commission held a public hearing on the adoption of the amendments to the Growth Management Plan on October 30, 2012; 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 amendments to the Growth Management Plan on December 11, 2012; 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: Words underlined are added; words struck through are additions; words with 1 *** indicates a page break SECTION ONE: ADOPTION OF AMENDMENTS TO THE IMMOKALEE AREA MASTER PLAN ELEMENT FUTURE LAND USE MAP OF THE GROWTH MANAGEMENT PLAN The Board of County Commissioners hereby adopts the amendments to the Immokalee Area Master Plan Element Future Land Use Map attached hereto as Exhibit "A" and incorporated herein by reference. SECTION TWO: SEVERABILITY. If any phrase or portion of this Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion. SECTION THREE: EFFECTIVE DATE. The effective date of these plan amendments, if the amendments are not timely challenged, shall be 31 days after the state land planning agency notifies the local government that the plan amendment package is complete. If timely challenged, these amendments shall become effective on the date the state land planning agency or the Administration Commission enters a final order Awo determining this adopted amendment to be in compliance. 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, 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 state land planning agency. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County this day of December, 2012. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA By: BY: , Deputy Clerk FRED W. COYLE, Chairman Words underlined are added; words struck through are additions; words with 2 *** indicates a page break Approved as to form and legal sufficiency: Heidi Ashton-Cicko Managing Assistant County Attorney Attachment: Exhibit"A" 201 I EAR-BASED ADOPTION—IMMOKALEE AREA MASTER PLAN Rev.9/24/12 CPA 2-CMP-00848\36 1 Words underlined are added;words struck through are additions;words with 3 *** indicates a page break i > 1 3 3 * > > > f > 3 9 7 W ♦ ♦ ♦ f ♦ f ♦ • • • • • • • • • • • • • • • • Ill m • • • • • • f > • g a 9 g cc P f f 3 3 3 f f f 0 g 3 f > f f r > ♦ W a ' t R n A 11 i r r > r 4 a w k s t ; - . y , fe ♦ f ♦ > ♦ : a , $ - $ 3 pgp+�� y ®: N y 67a R 3 o f § tl 3 P H F d 3 4W 3 3 5 f • •f •> § E ; P 5 s 3 Iii 9 11 1 >" i $i$ z .1 Q ££ �q � a v ag a4 a 3� ii Q y� 31 • • f 0 > 5 e a. v 5 rl Q f > 1 o A j a f .6 U • N YrI W f m..x in . .„,. At I r.r._, f f 0 wn > Z M f ♦ 3 W Q ' F- al iii A . . . a . ,, , ,itialA %° "ti•" .3. '' V \\1%;0 .3 �l§yw > r i Z* _ I. %0;��-w=.gig : - f > -�. � :r 8 • :�y .�I.�■.■1■�\ ►, \ tam 2 is i'Eii: _..� N 'tom r s 1 mil. . . . .. .. . . r ♦iii f s � • r_____ . • I. f f f f r f .0 L = r i ♦ r i i ♦ > f > f f > > --1 I P�I ♦ f i i f r ♦ i r `II r r r r r r > r r r re,' r 3 3 i f > 3 3 3 i I 3 9 r I I �� f ♦ ♦ f > i i r f > > * I r > W > 9 9 I 9 ♦ > I * I I 9 r I 9 + 9 I > f • f ♦ I f I 9 9 I I I * • I 3 r N , r r * r > r > > I r > ♦ > I I r 9 r r N i > r • 3 I 9 * ♦ • 1 3 > 3 3 I I 3 I > Ce + f 3 I 3 r > + 3 9 I + r * I 9 9 I r r > VS * i I * I ♦ I $ * 9 9 r r I • + r I ♦ I • > • ♦ > 9 • i r ♦ 9 > r • I f r i r i * ♦ r r > f r > > • r r i > r f f r • f ♦ • • lir ,., > i > > r r r f > r r r r i r • r r O r f i r f f r f i f r r f ♦ i f > > > > f f r f > ♦ f i r S 9b 1 I S Lb J. Rick Scott H nting F. Deutsch GOVERNOR E ECUTIVE DIRECTOR FLORIDA DEPARTMENT of ECONOMIC OPPORTUNITY July 6, 2012 The Honorable Fred W. Coyle, Chairman Collier County Board of County Commissioners 3299 Tamiami Trail East, Suite 303 Naples, Florida 34112-5746 Dear Commissioner Coyle: The State Land Planning Agency has completed its review of the proposed comprehensive plan amendment for Collier County (Amendment No. 12-1ER),related to the County's EAR-based amendments, which was received and determined complete on May 9, 2012. Copies of the proposed amendment have been distributed to the appropriate reviewing agencies for their review, and their comments are enclosed. We have reviewed the proposed amendment in accordance with the state coordinated review process set forth in Sections 163.3184(2) and(4), Florida Statutes (F.S.) for consistency with Chapter 163, Part II, F.S. The Agency does not identify any objections. However, the attached Objections,Recommendations, and Comments (ORC)Report outlines a number of technical assistance comments consistent with Section 163.3168(3), F.S. The Agency's technical assistance comments will not form the basis of a challenge. They are offered as suggestions which can strengthen the County's comprehensive plan in order to foster a vibrant, healthy community or are technical in nature and designed to ensure compliance with the provisions of Chapter 163, F.S. The County should act by choosing to adopt, adopt with changes, or not adopt the proposed amendment. Also, please note that Section 163.3184(4)(e)1, F.S.,provides that if the second public hearing is not held and the amendment adopted within 180 days of your receipt of agency comments, the amendment shall be deemed withdrawn unless extended by agreement with notice to the state land planning agency and any affected party that provided comment on the amendment. For your assistance, we have enclosed the procedures for final adoption and transmittal of the comprehensive plan amendment. Florida Department of Economic Opportunity•The Caldwell Building 107 E.Madison Street'Tallahassee. FL; 32399-4120 866.FLA.2345;850.245.7105:850.921.3223 Fax i www.FloridaJobs.orq ', www.twitter.com/FLDEO I www.facebook.com/FLDEO An equal opportunity employer/program.Auxiliary aids and services are available upon request to individuals with disabilities.All voice telephone numbers on this document may be reached by persons using TTY/TDD equipment via the Florida Relay Service at 711. The Honorable Fred W. Coyle, Chairman July 6,2012 Page 2 of 6 My staff and I are available to assist the City in addressing the issues identified in our report. If you have any questions,please call Jeannette Hallock-Solomon at(850) 717-8490, or by email at Jeannette.hallock-solomon(deo.myflorida.com. Sincerely, 6 Mike McDaniel, Chief Bureau of Community Planning MM/jhs Enclosures: ORC Report and Review Agency Comments cc: Mr. David Weeks, AICP, Growth Management Plan Manager, Collier County Ms. Margaret Wuerstle, AICP, Executive Director, Southwest Florida Regional Planning Council The Honorable Fred W. Coyle, Chairman July 6, 2012 Page 3 of 6 OBJECTIONS, RECOMMENDATIONS AND COMMENTS REPORT COLLIER COUNTY PROPOSED COMPREHENSIVE PLAN AMENDMENT 12-1ER I. Consistency with Chapter 163, Florida Statutes (F.S.) The Collier County's proposed comprehensive plan amendments address issues raised in the City's Evaluation and Appraisal Report, address statutory changes, and update the goals, objectives and policies of the comprehensive plan. A. The Department offers the following comments regarding the proposed Evaluation and Appraisal Report-based amendments: Comment 1: The Department recommends that the County revise the Future Land Use Map to reflect the correct long-term planning timeframe, of at least 2022, and include the revised map with the adopted amendment. Also, the Department recommends that the County update its Transportation Map Series to include the projects in the Collier and Lee Counties MPO's 2035 Long Range Transportation Plan, and Florida Department of Transportation(FDOT) Work Program. The incorporation of these projects into the comprehensive plan helps the Department in its review for consistency of the comprehensive plan with proposed transportation projects being considered for federal and state monies. The projects are reviewed at the state level for the following acts: (1)the National Environmental Protection Act(NEPA), (2) the Florida Coastal Management Program Federal, and (3) the MPO's Transportation Improvement Program(TIP). Comment 2: House Bill (HB 7207)repealed Rule 9J-5, F.A.C., and incorporated certain definitions and provisions of the Rule into the Florida Statutes. It is recommended that the references to Rule 9J-5, F.A.C., be removed from FLUE Policy 2.4 and Transportation Element Policy 5.8. Also, any other references to Rule 9J-5, F.A.C., should be deleted from the County's comprehensive plan. Additionally, the Department recommends that Drainage Sub-Element Policy 6.3.1 be updated to reference Section 403.814(12), F.S. The currently referenced Rule 40E-400.315, F.A.C., does not exempt projects from off-site discharge limitations,and this rule will be superseded on July 1,2012 with the aforementioned Statute. Comment 3: If the County chooses to continue to implement transportation concurrency, then by or during the next Evaluation and Appraisal cycle, the plan must be amended to meet the requirements of Section 163.3180(5)(h), F.S. This includes an amendment to allow an applicant for a Development of Regional Impact, rezoning, or other land use development permit to satisfy transportation concurrency and Section 380.06,F.S., when applicable, through proportionate share mitigation consistent with the provisions of Section 163.3180(5)(h)3, F.S. During the interim,the County must apply the new statutory provisions to any plan amendments or development orders, particularly the new proportionate share provisions. The Honorable Fred W. Coyle, Chairman July 6, 2012 Page 4 of 6 Comment 4: The Department reminds the County, pursuant to Sections 163.3177(6)(a)3.b., and 163.3177(6)(a)11.,F.S.,the comprehensive plan is required to adopt by June 30, 2012 compatibility standards regarding all public airports as defined by Sections 330.27 and 330.02, F.A.C. While the County includes a compatibility FLUE Objective 3 and Policy 3.1.i for the Naples Airport, it should add compatibility standards for the following public airports: the Everglades Airpark, the Immokalee Airport, and the Marco Island Airport. The Honorable Fred W. Coyle, Chairman July 6, 2012 Page 5 of 6 SUBMITTAL OF ADOPTED COMPREHENSIVE PLAN AMENDMENTS FOR STATE COORDINATED REVIEW Section 163.3184(4), Florida Statutes May 2011 NUMBER OF COPIES TO BE SUBMITTED: Please submit three complete copies of all comprehensive plan materials, of which one complete paper copy and two complete electronic copies on CD ROM in Portable Document Format (PDF) to the State Land Planning Agency and one copy to each entity below that provided limely comments to the local government: the appropriate Regional Planning Council; Water Management District; Department of Transportation; Department of Environmental Protection; Department of State; the appropriate county(municipal amendments only); the Florida Fish and Wildlife Conservation Commission and the Department of Agriculture and Consumer Services (county plan amendments only); and the Department of Education (amendments relating to public schools); and for certain local governments, the appropriate military installation and any other local government or governmental agency that has filed a written request. SUBMITTAL LETTER: Please include the following information in the cover letter transmitting the adopted amendment: State Land Planning Agency identification number for adopted amendment package; Summary description of the adoption package, including any amendments proposed but not adopted; Ordinance number and adoption date; Certification that the adopted amendment(s) has been submitted to all parties that provided timely comments to the local government; Name, title, address, telephone, FAX number and e-mail address of local government contact; Letter signed by the chief elected official or the person designated by the local government. ADOPTION AMENDMENT PACKAGE: Please include the following information in the amendment package: In the case of text amendments, changes should be shown in strike-through/underline format; The Honorable Fred W. Coyle, Chairman July 6, 2012 Page 6 of 6 In the case of future land use map amendment, an adopted future land use map, in color format, clearly depicting the parcel, its existing future land use designation, and its adopted designation; A copy of any data and analyses the local government deems appropriate. Note: If the local government is relying on previously submitted data and analysis, no additional data and analysis is required; Copy of executed ordinance adopting the comprehensive plan amendment(s); Suggested effective date language for the adoption ordinance for state coordinated review: The effective date of this plan amendment, if the amendment is not timely challenged, shall be the date the state land planning agency posts a notice of intent determing that this amendment is in compliance. If timely challenged, or if the state land planning agency issues a notice of intent determining that.this amendment is not in compliance, this amendment shall become effective on the date the state land planning agency or the Administration Commission enters a final order determining this adopted amendment to be in compliance. No development orders, development permits, or land uses dependent on this amendment may be issued or commence before it has become effective. 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 state land planning agency. • List of additional changes made in the adopted amendment that the State Land Planning Agency did not previously review; List of findings of the local governing body, if any,that were not included in the ordinance and which provided the basis of the adoption or determination not to adopt the proposed amendment; Statement indicating the relationship of the additional changes not previously reviewed by the State Land Planning Agency to the ORC report from the State Land Planning Agency. STATE COORDINATED REVIEW EXTERNAL AGENCY COMMENT/CITIZEN COMMENTS A. Receipt of Comments From External Review Agencies B. Citizen Comments *1- Southwest Florida Regional Planning Council S WFRPC rich +r,:Glade 1926 Victoria Ave,Fort Myers,Florida 33901-3414 (239)338-2550 FAX(239)338-2560 www.swfrpc.org Protect 4 i^ 1-115k:‘. Wrifrailae June 6, 2012 Mr. D. Ray Eubanks Received Administrator JUN 21 2012 Plan Review and Processing Department of Economic Development Department of Economic Opportunity 2555 Shumard Oak Boulevard Division of Community Development Tallahassee, Florida 32399-2100 Bureau of Co—nw ''"n'nni'Q Re: Collier County/DEO 12-1ER Dear Mr. Eubanks: The staff of the Southwest Florida Regional Planning Council has reviewed the amendments to the Collier County Growth Management Plan (GMP). The review was performed according to the requirements of the Local Government Comprehensive Planning and Land Development Regulation Act. The Council will review the proposed EAR-based amendments to the Collier County GMP at its July 19, 2012 meeting. Council staff has recommended that Council find all of the DEO 12-1ER changes as procedural or updating the GMP based on the County's previously reviewed Evaluation and Appraisal Report. Council staff has also recommended that the proposed changes are regionally significant, but not producing adverse effects to significant regional resources or facilities found in the Strategic Regional Policy Plan. Finally, Council staff is recommending that the proposed changes are not producing extra jurisdictional impacts that are inconsistent with the comprehensive plans of other local governments, and consistent with the Strategic Regional Policy Plan. A copy of the official staff report explaining the Council staffs recommendation is attached. If Council action differs from the staff recommendation, we will notify you. Sincerely, outhwest Florida Regional Planning Council J �✓CSC I�— uer le, A ExeMarl,• Director MW/DEC Attachment Cc: Mike Bosi, AICP, Comprehensive Planning Manager, Growth Management Division, Collier County LOCAL GOVERNMENT COMPREHENSIVE PLAN AMENDMENTS COLLIER COUNTY The Council staff has reviewed proposed changes to the Collier County Growth Management Plan (DEO 12-1ER). These changes were developed as a result to the County's Evaluation and Appraisal Report (EAR3). A synopsis of the requirements of the Act and Council responsibilities is provided as Attachment I. Comments are provided in Attachment II. Site location maps can be reviewed in Attachment III. Staff review of the proposed amendments was based on whether they were likely to be of regional concern. This was determined through assessment of the following factors: 1. Location--in or near a regional resource or regional activity center, such that it impacts the regional resource or facility; on or within one mile of a county boundary; generally applied to sites of five acres or more; size alone is not necessarily a determinant of regional significance; 2. Magnitude--equal to or greater than the threshold for a Development of Regional Impact of the same type (a DRI-related amendment is considered regionally significant); and 3. Character--of a unique type or use, a use of regional significance, or a change in the local comprehensive plan that could be applied throughout the local jurisdiction; updates, editorial revisions, etc. are not regionally significant. A summary of the results of the review follows: Proposed Factors of Regional Significance Amendment Location Magnitude Character Consistent DEO 12-1 ER yes yes yes (1) regionally significant; and (2) consistent with SRPP RECOMMENDED ACTION: Approve staff comments. Authorize staff to forward comments to the Department of Community Affairs and Collier County. 06/11 Attachment I stiot COMMUNITY PLANNING ACT Local Government Comprehensive Plans The Act requires each municipal and county government to prepare a comprehensive plan that must include at least the following nine elements: 1. Future Land Use Element; 2. Traffic Circulation Element; A local government with all or part of its jurisdiction within the urbanized area of a Metropolitan Planning Organization shall prepare and adopt a transportation element to replace the traffic circulation; mass transit; and ports, aviation, and related facilities elements. [9J-5.019(1), FAC] 3. General Sanitary Sewer, Solid Waste, Drainage, and Potable Water and Natural Groundwater Aquifer Recharge Element; 4. Conservation Element; 5. Recreation and Open Space Element; 6. Housing Element; 7. Coastal Management Element for coastal jurisdictions; 8. Intergovernmental Coordination Element; and 9. Capital Improvements Element. The local government may add optional elements (e. g., community design, redevelopment, safety, historical and scenic preservation, and economic). All local governments in Southwest Florida have adopted revised plans: Charlotte County,Punta Gorda Collier County, Everglades City,Marco Island,Naples Glades County, Moore Haven Hendry County, Clewiston, LaBelle Lee County, Bonita Springs, Cape Coral,Fort Myers,Fort Myers Beach, Sanibel Sarasota County, Longboat Key,North Port, Sarasota, Venice Page 1 Attachment I Comprehensive Plan Amendments A local government may amend its plan at any time during the calendar year. Six copies of the amendment are sent to the Department of Economic Opportunity (DEO) for review. A copy is also sent to the Regional Planning Council, the Water Management District, the Florida Department of Transportation, and the Florida Department of Environmental Protection. The proposed amendments will be reviewed by DEO in two situations. In the first, there must be a written request to DEO. The request for review must be received within forty- five days after transmittal of the proposed amendment. Reviews can be requested by one of the following: • the local government that transmits the amendment, • • the regional planning council,or • an affected person. In the second situation, DEO can decide to review the proposed amendment without a request. In that case,DEO must give notice within thirty days of transmittal. Within five working days after deciding to conduct a review, DEO may forward copies to various reviewing agencies,including the Regional Planning Council. Regional Planning Council Review The Regional Planning Council must submit its comments in writing within thirty days of receipt of the proposed amendment from DEO. It must specify any objections and may make recommendations for changes. The review of the proposed amendment by the Regional Planning Council must be limited to "effects on regional resources or facilities identified in the Strategic Regional Policy plan and extra jurisdictional impacts which would be inconsistent with the comprehensive plan of the affected local government. After receipt of comments from the Regional Planning Council and other reviewing agencies, DEO has thirty days to conduct its own review and determine compliance with state law. Within that thirty-day period, DEO transmits its written comments to the local government. NOTE: THE ABOVE IS A SIMPLIFIED VERSION OF THE LAW. REFER TO THE STATUTE (CH. 163, FS) FOR DETAILS. Page 2 Attachment II Ank SOUTHWEST FLORIDA REGIONAL PLANNING COUNCIL LOCAL GOVERNMENT COMPREHENSIVE PLAN REVIEW FORM 01 LOCAL GOVERMENT: Collier County DATE AMENDMENT RECIEVED: May 7, 2012 DATE AMENDMENT MAILED TO LOCAL GOVERNMENT AND STATE: Pursuant to Section 163.3184, Florida Statutes, Council review of proposed amendments to local government Comprehensive Plans is limited to adverse effects on regional resources and facilities identified in the Strategic Regional Policy Plan and extra jurisdictional impacts that would be inconsistent with the Comprehensive Plan of any affected local government within the region. A written report containing the evaluation of these impacts, pursuant to Section 163.3184, Florida Statutes, is to be provided to the local government and the State land planning agency within 30 calendar days of receipt of the amendment. Ask June 6, 2012 1. Amendment Name Collier County EAR Growth Management Plan Amendments DESCRIPTION OF AMENDMENT(S): Collier County has provided text amendments to the County's Growth Management Plan (GMP) based on an Evaluation and Appraisal Report that was adopted on January 31, 2011. The proposed amendments include changes to the following GMP Elements: a. Capital Improve Element; b. Transportation Element; c. Sanitary Sewer Sub-Element; d. Potable Water Sub-Element; e. Drainage Sub-Element; f. Solid Waste Sub-Element; g. Natural Groundwater Aquifer Recharge Sub-Element of the Public Facilities Element; h. Housing Element; i. Recreation and Open Space Element; , 1 j. Conservation and Coastal Management Element; k. Intergovernmental Coordination Element; 1. Future Land Use Element, including the Future Land Use Map and Map Series; m. Golden Gate Area Master Plan; n. Immokalee Area Master Plan Future Land Use Map; o. Economic Element; and p. Public Schools Element According to the County staff report a notable difference exist between what had been proposed in the adopted EAR and the proposed changes to the Immokalee Area Master Plan (LAMP). The IAMP was submitted to the State in the EAR as an "optional element" as allowed in Chapter 163, F.S. As such there were no specific criteria to guide the format or purposes of the element. The IAMP was originally developed as a mandate of Policy 6.4 of the Future Land Use Element of the County's GMP. The EAR called for revisions to the plan to be prepared as part of the subsequent County's EAR-based amendments because at the time the IAMP was in the process of being revising the plan's land use designations. The plan was supposed to be adopted in the first quarter of 2011; however, difficulties affected the adoption of the IAMP within its expected schedule and DEO granted the County an extension to the timeframe so that a remedy to the issues that prevented adoption by the County Board of County Commissioners (BCC). The County staff reports that the Master Plan will be processed as a separate GMP amendment with the timeframes being decided by the Immokalee Redevelopment:Agency(CRA). In addition, the Rural Lands Stewardship Area (RLSA) amendments, generated at the conclusion of the RLSA 5-year review and designated in the EAR as the Overlay's assessment, are not included in these amendments. Due to several technical reasons, the amendments for the Overlay were never taken through the formal GMP amendment process. The EAR adopted by the County in 2011 indicated that the comprehensive assessment for the Overlay and proposed amendments would be initiated at the completion of the in-process Habitat Conservation Plan (HCP) for the area. The plan would be lead by U.S. Fish and Wildlife. In the fall of 2011, the County learned that the HCP had stalled. With the completion date uncertain, the County brought the issue before the BCC who decided that the RSLA amendments would be processed in a GMP amendment cycle separate from these EAR-based amendments. 2. ADVERSE EFFECTS TO SIGNIFICANT REGIONAL RESOURCES AND FACILITIES IDENTIFIED IN THE STRATEGIC REGIONAL POLICY PLAN: Council staff has reviewed the proposed text amendments to the Collier County GMP and finds that the changes are procedural, provide updated materials, or add policies that add to the health, safety and welfare of the citizens of the region and thereby improve the County's GMP. Council staff also finds the proposed amendments are consistent with the previously adopted EAR and do not adversely affect any significant regional resources or facilities that are identified in the Strategic Regional Policy Plan. 2 Agow 3. EXTRA-JURISDICTIONAL IMPACTS INCONSISTENT WITH THE COMPREHENSIVE PLANS OF LOCAL GOVERNMENTS WITHIN THE REGION Council staff has reviewed the proposed amendments with respect to extra jurisdictional impacts on surrounding local government Comprehensive Plans and finds that the proposed amendments do not negatively impact and are not inconsistent with adjacent local governmental Comprehensive Plans. Request a copy of the adopted version of the amendment? X Yes_No 3 Attachment III Mlaps Collier County DEO 12-1ER Growth Management Plan Comprehensive Plan Amendments LOCAL GOVERNMENT COMPREHENSIVE PLAN AMENDMENTS COLLIER COUNTY The Council staff has reviewed proposed changes to the Collier County Growth Management Plan (DEO 12-1ER). These changes were developed as a result to the County's Evaluation and Appraisal Report (EAR3). A synopsis of the requirements of the Act and Council responsibilities is provided as Attachment I. Comments are provided in Attachment IL Site location maps can be reviewed in Attachment III. Staff review of the proposed amendments was based on whether they were likely to be of regional concern. This was determined through assessment of the following factors: 1. Location--in or near a regional resource or regional activity center, such that it impacts the regional resource or facility; on or within one mile of a county boundary; generally applied to sites of five acres or more; size alone is not necessarily a determinant of regional significance; 2. Magnitude--equal to or greater than the threshold for a Development of Regional Impact of the same type (a DRI-related amendment is considered regionally significant); and 3. Character--of a unique type or use. a use of regional significance, or a change in the local comprehensive plan that could be applied throughout the local jurisdiction; updates, editorial revisions, etc. are not regionally significant. A summary of the results of the review follows: Proposed Factors of Regional Significance Amendment Location Magnitude Character Consistent DEO 12-1ER yes yes yes (1) procedural; (2) regionally significant; and (3) consistent with • SRPP RECOMMENDED ACTION: Approve staff comments. Authorize staff to forward comments to the Department of Community Affairs and Collier County. 06/11 Oft Habitat for Humanity® Our vision is a world where everyone has a simple, decent place to live. of Collier County EXECUTIVE COMMITTEE Sam Durso, M.D. • President& CEO Mark Goebel Vice President Stanard Swihart, M.D. Vice President Rev. Lisa Lefkow June 11, 2012 Executive V.P. Nick Kouloheras Executive V.P. Florida Department of Economic Opportunity John Cunningham Division of Community Development Treasurer Bureau of Community Planning L. Michael Mueller 107 East Madison Street MSC 160 Secretary Caldwell Building DIRECTORS Tallahassee, Florida 32399—4120 Douglas L. Rankin, Esq. ATTN: D. Ray Eubanks Assistant Secretary Plan Processing Administrator W. Wallace Abbott Penny Allyn Rick Bobrow RE: Collier County EAR Amendments J. Douglas Burke "Collier County 12— 1 EAR" Bill Dalton Rick Deal Dear Mr. Eubanks: Roger Flinn Gene Frey Habitat for Humanity of Collier County, Inc. by Robert Gurnitz this letter submits its comments to the Department of Economic Bill Hall Opportunity Bureau of Community Planning concerning Collier Craig Jilk County's EAR based amendments to its Growth Management Patricia Jilk Plan. The amendments were adopted for transmittal on April 24, C. John Miller 2012 by the Board of County Commissioners and subsequently John Paalman sent to the Department for its review. David Posh, Esq. Specifically, Habitat wishes to comment on revised Policy Doug Peterson 1.10 of the Housing Element [This Policy is found at Page 51 of Barbara Sill Exhibit A to the County's Resolution of Transmittal]. This Policy Alexander Spier provides in pertinent part as follows: Bill Stephenson 11145 Tamiami Trail East, Naples, FL 34113 George Wainscott 239.775.0036 • (Fax) 239.775.0477 Karl Wyss www.HabitatCollier.org Amok Collier-The County shall create or preserve affordable housing to minimize the need.for additional local services and avoid the concentration of affordable housing units only in specific areas of the jurisdiction seek to distribute affordable Habitat is concerned with the bolded portion of the amendment. The language is very broad -having been taken verbatim from the provisions of Subsection 163.3177(6)(f)3.of the Florida Statutes. Habitat is unsure of the meaning of the language and is also unsure as to how this Policy may be applied to Habitat's development of affordable housing projects in the County. For example, what does the term "concentration" mean ? Is it a percentage of all of the homes in a given area ? What does the term "specific areas of the jurisdiction" mean ? Does this mean a street, block, neighborhood,subdivision, zoning district, planning district, census tract, commission district or a section ? There are no sub-policies under this policy nor are there any other policies that explain how this requirement is to be implemented. Habitat believes that more specificity is required. This is especially true given the requirements of the growth management laws. According to Subsection 163.3164(36) of the Florida Statutes, a policy must describe the way in which programs or activities are conducted to achieve an identified goal. There is no such description in Policy 1.10. Moreover, the law requires that principles and strategies [goals, objectives and policies of the plan] must: 1) contain programs and activities to ensure that the comprehensive plan is implemented; 2) describe how the local government's programs, activities and land development regulations will be initiated, modified or continued to implement the plan in a consistent manner; 3) identify the programs, activities and land development regulations that will be a part of the strategy to implement the plan; 4) identify the principles that describe how the programs, activities and land development regulations will be carried out; and 5) establish meaningful and predictable standards for the use and development of land and provide meaningful guidelines for the content of the more detailed land development regulations. See Subsection 163.3177(1) of the Florida Statutes. Additionally, the requirements for the Housing Element contain similar language stating that the Element must contain express principles, guidelines and standards for the creation and preservation of affordable housing as well as providing for its siting and distribution. See Subsection 163.3177(f)3. of the Florida Statutes. Revised Policy 1.10 sets forth no program or activity to explain how this provision will be implemented. There is no meaningful or predictable standard that describes how the Policy will be carried out. There is no express principle, guideline or standard for the siting or distribution of affordable housing pursuant to this Policy. Habitat would also point out that it recently filed a Petition for Declaratory Statement with the Department asking for its expertise as to what the statutory provisions of Subsection 163.3177(6)(f)3.of the Florida Statutes mean since the statutory provision has found its way nearly verbatim into the County's EAR based amendments as revised Policy 1.10 of the Housing Element. The Petition is now pending with the Department. Habitat appreciates the Department's attention to this matter. • Auk Sincerely, Nicholas Kouloheras Executive Vice President, Land Development Habitat for Humanity of Collier County, Inc. cc: Michele Mosca, Principal Planner, Collier County Comprehensive Planning Section Yew+ FLORIDA DEPARTMENT OF EDUCATION STATE BOARD OF EDUCATION Gerard Robinson KATHLEEN SHANAHAN,Chair Commissioner of Education ROBERTO MARTINEZ, Vice Chair Members •SALLY BRADSHAW , GARY CHARTRAND DR.AKSHAY DESAI BARBARA S.FEINGOLD \\.1\\Z/ JOHN R.PADGET June 12,2012 Mr.D.Ray Eubanks,Plan Processing Administrator Division of Community Planning Department of Economic Opportunity 107 East Madison Street, Caldwell Building Tallahassee, Florida 32399-4120 Dear Mr.Eubanks: Re: Collier County 12-1ER(Coordinated State Review) Thank you for the opportunity to review the proposed Collier County 12-1ER amendment package. According to the Department of Education's responsibilities under Section 163.3184(3)(b), Florida Statutes, I reviewed the amendment package considering provisions of Chapter 163, Part II, F.S., and to determine whether the proposal, if adopted, would have potential to create adverse impacts on public school facilities. Because the amendment does not appear to affect public school capacities, facilities, or sites, I offer no comment on behalf of the department. Again,thank you for the opportunity to review and comment. Sincerely, / , Trac• D. Suber Growth Management and Facilities Policy Liaison TDS/ cc: Ms.Amy Taylor, Collier County School District Ms.Jeannette Hallock-Soloman and Ms. Brenda Winningham,DEO THOMAS H.1NSERRA DIRECTOR,OFFICE OF EDUCATIONAL FACILITIES 325 W.GAINES STREET•SUITE 1014•TALLAHASSEE,FLORIDA 32399-0400•(850)245-0494•FAx(85O 245-9304 www.fldoe.org �,ccR 4l,14 f A. � ° ' SOUTH FLORIDA WATER MANAGEMENT DISTRICT Vii - J z June 6, 2012 Mr. Ray Eubanks Administrator, Plan Review and Processing Division of Community Planning and Development \,N\kl-' 107 East Madison Street Tallahassee, Florida 32399-4120 Dear Mr. Eubanks: Subject: Collier County, Department of Economic Opportunity #12-1 ER Comments on Proposed Comprehensive Plan Amendment Package The South Florida Water Management District (District) has completed its review of the proposed amendment package submitted by Collier County (County). The Evaluation and Appraisal Report based amendment package consists of text amendments to various elements in the County's comprehensive plan. The District requests the following comments be considered by the Department of Economic Opportunity (DEO) in its report in the County: • Update Drainage Sub-Element Policy 6.3.1. to reference Florida Statute Section 403.814(12). The currently referenced Rule 40E-400.315, Florida Administrative Code does not exempt projects from off-site discharge limitations, and this rule will be superseded on July 1, 2012 with the aforementioned Statute. • Remove the reference for District coordination to develop and implement a plan to encourage inspections of storrnwater systems from Conservation and Coastal Management Element Policy 2.2.5. The District does not require these inspections. However, the District is available to provide technical assistance and to coordinate education efforts with the County regarding the importance of periodic inspections and maintenance, The District offers its technical assistance to the County and the Department of Economic Opportunity in developing sound, sustainable solutions to meet the County's future water supply needs and to protect the region's water resources. Once the amendment is adopted, please forward a copy to the District. 3301 Gun.Club Road,West Palm Beach,Florida 33406 • (561)686-8800 • FL WATS 1-800-432-2045 Mailing Address: P.O.Box 24680,West Palm Beach,FL 33416-4680 • wwwsiwmd.gov Mr. Ray Eubanks June 5, 2012 Page 2 For assistance or additional information, please contact Lisa Koehler, Policy and Planning Analyst, at (239) 263-7615 ext. 7603 or Ikoehlerasfwmd.gov. Sincerely, Rod A. Braun Director Office of Intergovernmental Programs South Florida Water Management District RB/lk c: Nick Casalanguida, Collier County Lisa Koehler, SFWMD Brenda Winningham, DEO Margaret Wuerstle, SWFRPC • • OFFICE OF THE COMMISSIONER �T THE CAPITOL (850)488-3022 _ e 400 SOUTH MONROE STREET -"')k? TALLAHASSEE,FLORIDA 32399-0800 FLORIDA DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES COMMISSIONER.ADAM H. PUTNAM June 5,2012 • VIA EMAIL(marciakendall @colliergov.net:) VIA MAIL(DCPExternalAgencyComments @dca.state.fl.us) Collier County Growth Management Division Florida Department of Economic Opportunity • Attn: Marcia R. Kendall State Land Planning Agency 2800 N.Horseshoe Drive Attn:Ray Eubanks Naples,Florida 34104 107 East Madison Street • • Caldwell Building,MSC 160 �\\,. Tallahassee,Florida 32399 Re: DACS Docket#—20120504-110-Collier Collier County 2011 Evaluation and Appraisal Report Submission dated May 4,2012 • Dear Ms.Kendall and Mr. Eubanks: The Florida Department of Agriculture and Consumer Services(the"Department")received the above-referenced evaluation and appraisal report on May 4,2012 and has reviewed it pursuant to the provisions of Chapter 163, Florida Statutes to address any potential adverse impacts to important state resources or facilities related to agricultural,aquacultural,or forestry resources in Florida if the proposed amendment(s)are adopted. Based on our review of your county's submission,the Department has no comment on the proposal. If we may be of further assistance,please do not hesitate to contact me at 850-410-2291. Sinc- - 4400."SP` ..�► lay Martin Senior Policy Analyst Office of Policy and Budget cc: Marcias R. Kendall(marciakendall @colliergov.net) (SLPA#: Collier County 12-1 ER) • 1-800 HELPFLA Ftla. www.FreshFromFlorida.com Florida Department of Transportation RICK SCOTT 10041 Daniels Parkway ANANTH PRASAD,P.E. GOVERNOR Fort Myers,FL 33913 SECRETARY June 1,2012 Mr.Ray Eubanks Plan Processing Administrator } Department of Economic Opportunity tp,�e V12- Caldwell Building 107 East Madison Street, MSC 160 Tallahassee, FL 32399 RE: Collier County 12-1ER Proposed Comprehensive Plan Amendments(Including EAR- based Amendments)—FDOT Comments and Recommendations Dear Mr. Eubanks: The Florida Department of Transportation, District 1, has reviewed the Collier County 12-1ER, Proposed Comprehensive Plan Amendments(EAR-based amendments approved for transmittal by the Board of County Commissioners on Apri124, 2012) in accordance with the requirements of Florida Statutes(F.S.) Section 163 and Chapter 9J-1 1 of the Florida Administrative Code (F.A.C.). The department offers the following comments and recommendations for your consideration regarding the proposed amendments. CAPITAL IMPROVEMENT ELEMENT (CIE): FDOT Comment#1: Policy 1.5 of the CIE establishes the following Level of Service(LOS)roadway standards: LOS Standard Facility E All six lane roadways I All other County and State roadways not on the Florida Intrastate D Highway System (FIRS). I D I-75 (the only FIHS roadway within the County). The department notes that the FIRS has been discontinued by the department in accordance with recent legislation and has been incorporated into the Strategic Intermodal System (SIS). The department further notes that per s. 163.3180, the county now has the ability to establish its own LOS standards on SIS and Emerging SIS transportation facilities. While existing non-state facilities funded by the Transportation Regional Incentive Program (TRIP) are also not bound to state LOS standards, the county should abide by any applicable TRIP funding agreement requirements for these facilities. For new TRIP funded facilities,the department should be consulted to ensure consistency with the Strategic Intermodal System Plan pursuant to s.339.2819. For SIS facilities, the department encourages Collier County to coordinate with the www.dot.state.fl.us Mr.Ray Eubanks Collier County 12-1ER Proposed Comprehensive Plan Amendments—FDOT Comments and Recommendations June 1,2012 Page 2 of 3 department and establish LOS standards consistent with the new FDOT LOS policy and procedure that was recently approved by FDOT's Executive Board. Based upon this new policy and procedure,the following LOS standards should be considered. FDOT LOS "C" (SIS highways within a transitioning or rural area type): • SR 29 • SR 82 • 1-75 from Broward County line to SR 951 FDOT LOS"D" (SIS highways within an urban area type): • I-75 from SR 951 to Lee County line TRANSPORTATION ELEMENT(TE): FDOT Comment#2: Objective 2 of the TE reads"Maintain the adopted Level of Service standards provided for in Policy 1.3 by making the improvements identified on the Five (5) Year Work Program." The department notes that Policies 1.3 and 1.4 of the TE were revised to reference the adopted LOS standards for roadways included in Policy 1.5 of the CIE. Please see FDOT Comment #1, as it relates to Policy 1.5 of the CIE. INTERGOVERNMENTAL COORDINATION ELEMENT(ICE): The EAR based amendments to the ICE are not anticipated to have any adverse impacts on any state roadways. The department offers no comments. FUTURE LAND USE ELEMENT(FLUE);, FDOT Comment#3: It should be noted that House Bill (HB) 7207 repealed rule 9J-5 of the Florida Administrative Code(F.A.C.) and incorporated important and relevant definitions and provisions of the rule into the Florida Statues. It is recommended that reference to Rule 9-J5.0055(6)(a)., F.A.C. be removed from Policy 2.4 of the FLUE as it relates to development located within the South US 41 Transportation Concurrency Exception Area(TCEA). FDOT Comment#4: Section I.B.3.a of the Future Land Use Designation Description Section was revised to replace the Traffic Congestion Area Density reduction guidelines with the Coastal High Hazard Area Density reduction guidelines. This section was also revised to exempt the properties within the Coastal High Hazard Area in Section 1, Township 50 South, Range 25 East from the density reduction factors. Consistent with Comment#14 of the Collier County Proposed EAR—FDOT Recommendations and Comments letter(dated October 8, 2010). The department recommends that analysis be provided to determine the impact of replacing the Traffic Congestion Area Density reduction guidelines with the Coastal High Hazard Area reduction guidelines. Should substantial additional development occur from this amendment, it is recommended that an area wide traffic study be conducted and supporting documentation be provided to establish whether state roadways within the county will operate at their adopted level of www.clot.state.fl.us Mr.Ray Eubanks Collier County 12-1ER Proposed Comprehensive Plan Amendments—FDOT Comments and Recommendations June 1,2012 Page 3 of 3 service (LOS)standards, as identified within the county's comprehensive plan during short term (2017)and long term (2035)horizon year conditions. If any state roadway segments are found to operate under adverse conditions in the short term, the department recommends that the county's five-year schedule of capital improvements in the comprehensive plan Capital Improvements Element be updated to include remedies or improvement projects that will maintain the county's adopted LOS standards in the near term. Projects should be identified as funded or unfunded and prioritized by the county per 163.3177(3) (b)F.S. Potential remedies include revised LOS standards, capacity improvements on failing roadways, capacity improvements on parallel roadway facilities, investments in alternative transportation modes, Transportation Demand Management strategies, Smart Growth initiatives, and/or other solutions as may be identified by the county. For long term failures,the department recommends that appropriate policies be indentified in the county's Capital Improvement Element or Transportation Element, and the needed improvements be added to the appropriate plans and programs. GOLDEN GATE AREA MASTER PLAN (GGAMP): The EAR based amendments to the GGAMP are not anticipated to have any adverse impacts on any state roadways. The department offers no comments. IMMOKALEE AREA MASTER PLAN(LAMP) ELEMENT: As noted in the Transmittal of Proposed 2011 Evaluation &Appraisal Report-based Growth Management Plan Amendments Letter(dated May 4, 2012), difficulties affected adoption of the IAMP within its expected schedule, and the Department of Economic Opportunity(DEO)granted Collier County art extended timeframe with which to remedy issues that prevented adoption by the BCC. This Master Plan will be processed as a separate Growth Management Plan (GMP)amendment, the timing of which is being determined by the Immokalee Community Redevelopment Agency(CRA). The department offers no comments. Thank you for providing the department with the opportunity to review and comment on the proposed amendments. If you need additional information or would like to discuss these comments,please contact me at(239)461-4300 or lawrence.massey @dot.state.fl.us. Sincerely, Lawrence Massey District 1 Growth Management Coordinator Southwest Area Urban Office LLM/gmb/Ilm www.dot.state.fl.us i.r�', Rick Scott Florida Department of Governor x�y, Environmental Protection Jennifer C;arroii -` Marjory Stoneman Douglas Building Lt. Governor r ' 3900 Commonwealth Boulevard Maleallaggagr Tallahassee, Florida 32399-3000 • Ilersch.i T. Vinyard. .lr Socn)tary May 23,2012 Ms. Marcia Kendall Growth Management Plan Director Collier County 2800 N. Horseshoe Drive Naples,Florida 34104 Re: Collier County 12-1ER Proposed;Expedited Comprehensive Plan Amendment Review Dear Ms. Kendall: The Office of Intergovernmental Programs of the Florida Department of Environmental Protection (Department) has reviewed the above-referenced amendment proposal under the procedures of Chapter 163, Florida Statutes. The Department conducted a detailed review that focused on potential adverse impacts to important state resources and facilities,specifically: air and water pollution;wetlands and other surface waters of the state;federal and state-owned lands and interest in lands,including state parks, greenways and trails,conservation easements;solid waste;water and wastewater treatment;and,where applicable,the Everglades ecosystem. Based on our review of the proposed amendment,the Department has found no provision that requires comment under laws that form the basis of the Department's jurisdiction. Thank you for the opportunity to comment on the proposed amendment package.Should you have any questions or require further assistance,please call me at(850)245-2169. Sincerely, 136f Chris Stahl Office of Intergovernmental Programs /cjs wi,:11 Lku.StileI/.(15 Cv1l.� r Co,ri-Kty STAFF REPORT COLLIER COUNTY PLANNING COMMISSION FROM: COMPREHENSIVE PLANNING SECTION, LAND DEVELOPMENT SERVICES DEPARTMENT, GROWTH MANAGEMENT DIVISION/PLANNING AND REGULATION HEARING DATE: OCTOBER 30, 2012 SUBJECT: REVIEW OF PROPOSED COLLIER COUNTY GROWTH MANAGEMENT PLAN AMENDMENTS BASED ON THE 2011 EVALUATION & APPRAISAL REPORT, SPECIFICALLY, AMENDMENTS TO THE CAPITAL IMPROVEMENT ELEMENT; TRANSPORTATION ELEMENT; SANITARY SEWER SUB-ELEMENT, POTABLE WATER SUB-ELEMENT, DRAINAGE SUB-ELEMENT, SOLID WASTE SUB- ELEMENT, AND NATURAL GROUNDWATER AQUIFER RECHARGE SUB- ELEMENT OF THE PUBLIC FACILITIES ELEMENT; HOUSING ELEMENT; RECREATION AND OPEN SPACE ELEMENT; CONSERVATION AND COASTAL MANAGEMENT ELEMENT; INTERGOVERNMENTAL COORDINATION ELEMENT; FUTURE LAND USE ELEMENT; GOLDEN GATE AREA MASTER PLAN; IMMOKALEE AREA MASTER PLAN; ECONOMIC ELEMENT; AND, PUBLIC SCHOOLS FACILITIES ELEMENT; AND FURTHERMORE RECOMMENDING TRANSMITTAL OF THESE AMENDMENTS TO THE FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY [ADOPTION HEARING] BACKGROUND: Chapter 163, Part II, Florida Statutes, also known as the "Community Planning Act" (prey., the "Local Government Comprehensive Planning Act"), requires all local governments within the State of Florida to maintain comprehensive planning programs based upon an adopted local government comprehensive plan. As part of this process, the local government must provide amendments to the local comprehensive plan a/k/a Growth Management Plan (GMP) guided by Evaluation & Appraisal Report (EAR) recommendations. The periodic amendment process, which occurs once every seven years, as described in Chapter 163.3191, F.S., is a two-phase process. It began with the preparation, by the local government, of an Evaluation & Appraisal Report (EAR). The EAR evaluated the performance of the various Elements of the local government comprehensive plan since the previous EAR-based amendment process. It assessed the successes and failures of the various Goals, Objectives, Policies, and programs included within the local comprehensive plan, and provided recommendations for necessary changes. Additionally, the EAR is the primary means by which the local plan can respond to changes in federal, state or regional planning requirements. The recommendations contained in the EAR became the basis of proposed amendments to the local government comprehensive plan, the second phase in the amendment process. Collier County's first EAR was adopted by the Board of County Commissioners on July 16, 1996. The subsequent EAR-based amendments were adopted on October 18, 1997. The second EAR, which reviewed the performance of Collier County's Growth Management Plan (GMP) from October 1997 to July 1, 2003, was adopted on July 27, 2004. The Florida Department of Economic Opportunity (DEO), which has oversight for comprehensive plans, amendments, and EARs for all local governments, found the 2004 EAR sufficient on November 15, 2004. The third EAR, which reviewed the performance of the • 1 . GMP from July 2004 through 2010, was adopted by the BCC on January 31, 2011. The then Florida Department of Community Affairs (DCA), which had oversight for comprehensive plans, amendments, and EARs for local governments, found the 2011 EAR sufficient on April 12, 2011. The amendments that are the subject of this Staff Report are limited in scope primarily to those recommended in the EAR. Though not necessarily recommended by specific reference in the EAR, general updating and "housecleaning" amendments are allowed as part of this amendment process; these include updating Ordinance numbers, revising/correcting government agency names, word- smithing, reformatting, re-arranging the order of Districts/Subdistricts, and so forth. Transmittal hearings on these amendments were held on December 7, 2011 (EAC); January 26, February 16, March 1 and 6, 2012 (CCPC), and on April 24, 2012 (BCC). FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY ORC REPORT/STAFF RESPONSE: After review of Transmitted GMP amendments, the Florida Department of Economic Opportunity (DEO) rendered an Objections, Recommendations and Comments (ORC) Report. Only Objections can form the basis of a non-compliance determination, unless the adopted amendments vary significantly from those transmitted. In their July 6, 2012 ORC Report, the DEO summarized, "(t]he Agency does not identify any objections. However, the... Report outlines a number of technical assistance comments consistent with Section 163.3168(3), F.S. The Agency's technical assistance comments will not form the basis of a challenge." A significant portion of changes made in response to DEO and external agency Comments serve to technically improve GMP elements. Due to the technical nature of many of the changes, additional data and analysis is not deemed necessary to support them. In the few instances where support documentation is decidedly needed, it is identified in the County Response to the ORC Report and attached thereto. The DEO's entire ORC Report is attached to this Staff Report. Agencies who provided comments in addition to those from the DEO are the South Florida Water Management District (SFWMD) and the State of Florida Department of Transportation (FDOT). The full Collier County Response to the ORC Report is also attached to this Staff Report. In the ORC Response document, where a Policy, Objective or other provision is changed in response to a Comment, the proposed revision is provided — using underline/ strike through format. With the exception of the one minor non-ORC Report related amendment noted below, the focus of this Staff Report and hearing is only on the County responses - and Element revisions, where appropriate -to the ORC Report. The ORC Report contained only Comments pertaining to the following Elements/Sub-Elements: Capital Improvement Element, FLUE, Transportation Element, and Stormwater Management (Drainage) Sub- Element. ELEMENTS WITH NO ADDITIONAL CHANGES: No additional changes were made since the April 24, 2012 BCC Transmittal hearing on EAR-based amendments to the following GMP Elements: Economic Element; Sanitary Sewer Sub-Element; Potable Water Sub-Element; Solid Waste Sub-Element; Housing Element: Public Schools Facilities Element; and, Immokalee Area Master Plan Future Land Use Map. ELEMENTS WITH ADDITIONAL CHANGES: Additional changes made since the April 24, 2012 BCC Transmittal hearing on EAR-based amendments to the following GMP Elements are limited to DEO directed revisions throughout the GMP to reflect the repeal of Florida Administrative Code 9J-5 and associated changes: Golden Gate Area Master Plan Element; Intergovernmental Coordination Element; and, Recreation and Open Space Element. These Elements, along with those previously affected by EAR-based amendments, comprise the additional changes to the amendments that the DEO did not specifically, previously review. And though not • 2 • specifically reviewed by the DEO, these additional changes relate to general direction provided by the DEO in their ORC Report. These entries are found under the Collier County Response to the ORC Report heading, Other Instances of References to Rule 9J-5, F.A.C., to be Revised. ENVIRONMENTAL ADVISORY COUNCIL (EAC) RECOMMENDATION: The EAC held Adoption hearings on the Conservation and Coastal Management Element, Natural Groundwater Aquifer Recharge Sub-Element, and Stormwater Management Sub-Element on September 5, 2012. By a unanimous vote, the EAC recommended that the CCPC and BCC adopt the proposed 2011 EAR-based amendments, with Drainage Sub-Element Policies 6.2 and 6.3, and CCME Objective 2.1.a modified further to better reflect the County's stormwater management practices. STAFF RECOMMENDATION: That the CCPC forward the EAR-based GMP amendments to the BCC with a recommendation to adopt - with modifications forwarded since Transmittal hearings, as noted in the accompanying Collier County Response to the ORC Report - and to transmit to the Florida Department of Economic Opportunity. Prepared By: all / , !_ Ara Date: I Corby Sch idt, AICP, Principal Planner Growth Ma agement Division Planning a d Zoning Department, Comprehensive Planning Section Prepared By: `. .; 1/ .�t---__.. Date: David Weeks, AICP, Growth Management Manager Growth Management Division Planning and Zoning Department, Comprehensive Planning Section Reviewed By: Date: (0 1!— 1 Mike Bosi, AICP, Interim Director Growth Management Division Planni d Zoning Dep- ment Approved By: � Date: 10 :14— /L Nick Casalanguida, Administrator Growth Management Division COLLIER COUNTY PLANNING COMMISSION: MELISSA AHERN, VICE CHAIRMAN GMP amendments based upon 2011 EAR—Adoption Hearing Staff Report for October 30, 2012 CCPC Hearing NOTE: This petition has been scheduled for the December 11, 2012 BCC hearing. DEO No. 12-1 ER[EAR-based] G:ICDES Planning Services\Comprehensive12011 EAR-BASED GMP AMENDMENTSICCPC Adoption-EAR-based GMPAs1C-01 10-2 AdptnDRAFT CCPC StffRprt-EAR- based GMPAs.docx • • 3 • STAFF REPORT ENVIRONMENTAL ADVISORY COUNCIL TO: COLLIER COUNTY ENVIRONMENTAL ADVISORY COUNCIL FROM: COMPREHENSIVE PLANNING SECTION, PLANNING AND ZONING DEPARTMENT, GROWTH MANAGEMENT DIVISION HEARING DATE: SEPTEMBER 5, 2012 SUBJECT: COLLIER COUNTY GROWTH MANAGEMENT PLAN AMENDMENTS BASED ON THE 2011 EVALUATION AND APPRAISAL REPORT SPECIFICALLY, AMENDMENTS TO THE DRAINAGE SUB-ELEMENT AND NATURAL GROUNDWATER AQUIFER RECHARGE SUB-ELEMENT OF THE PUBLIC FACILITIES ELEMENT; AND, CONSERVATION AND COASTAL MANAGEMENT ELEMENT; AND FURTHERMORE RECOMMENDING TRANSMITTAL OF THESE AMENDMENTS TO THE FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY. [ADOPTION HEARING] INTRODUCTION The contents of this binder prepared for the Environmental Advisory Council (EAC) comprise updates to proposed 2011 Evaluation and Appraisal Report (EAR) based Growth Management Plan (GMP) amendments. The EAC's consideration focuses on further modifications to proposed EAR-based amendments in response to the State's Objections, Recommendations and Comments Report. This staff report is intended to provide guidance to the EAC in making a recommendation on the proposed amendments to carry forward through subsequent Adoption hearings, by the Collier County Planning Commission (CCPC) and Board of County Commissioners (BCC). BACKGROUND Florida Statutes require all local governments within the State to maintain comprehensive planning programs based upon an adopted local government comprehensive plan. As part of this planning requirement, the local government must monitor changing conditions and use this information to guide periodic amendments to the local comprehensive plan. Within Collier County the local comprehensive plan is the Growth Management Plan (GMP), originally adopted by Ordinance No. 89-05. The periodic amendment process, which occurs once every seven years, as described in Chapter 163.3191, F.S., is a two-phase process beginning with the Evaluation and Appraisal Report (EAR) typically followed by consequent amendments to the local comprehensive plan. The EAR evaluates the performance of the various Elements of the local comprehensive plan since the previous EAR-based amendment process. It appraises the successes and shortcomings of the various Goals, Objectives, and Policies included within the GMP and provides recommendations for necessary changes. Additionally, the EAR is the primary means by which the local plan can respond to changes in federal, state or regional planning requirements. Previously, the BCC adopted the Evaluation and Appraisal Report (EAR) on January 31, 2011. The adopted EAR was submitted to the then Florida Department of Community Affairs (DCA) by February 12, 2011 with the EAR being found sufficient on April 12, 2011. The recommendations provided in the EAR have become the basis of proposed amendments to the Collier County Growth Management Plan, the second—and present—phase of the process. — 1 — Staff Report to the Environmental Advisory Council The CCPC considered staff-proposed EAR-based amendments at a Workshop on October 14, 2011. The EAC considered the Transmittal of proposed EAR-based amendments on December 7, 2011. The CCPC considered the Transmittal of proposed EAR-based amendments on January 26, February 16, March 1 and March 6, 2012. The BCC considered the Transmittal of proposed EAR-based amendments on April 24, 2012. Transmittal materials were submitted to the Florida Department of Economic Opportunity (DEO) by May 8, 2012 and the DEO issued their Objections, Recommendations and Comments (ORC) Report on July 6, 2012. After these EAR-based amendments are reviewed by the EAC and the CCPC, and subsequently adopted by the BCC, they will be submitted to the DEO for their review and determination of compliance with Chapter 163, F.S. Once determined to be in compliance and the challenge (appeal) period ends with no challenge being filed, these amendments become in effect and will be part of the Goals, Objectives and Policies of the Growth Management Plan until the next EAR is prepared. STAFF ANALYSIS After review of Transmitted GMP amendments, the DEO renders an Objections, Recommendations and Comments (ORC) Report. Only Objections can form the basis of a non-compliance determination, unless the adopted amendments vary significantly from those transmitted. It is noted here that Adopted amendments are not anticipated to vary significantly from those transmitted. If an Objection is not adequately addressed when adopted, then the DEO may (presumably will) find the amendment to be Not in Compliance" with Florida Statutes, and issue a Notice of Intent (NOI) to indicate such noncompliance. The County may respond to an ORC Report in one of four ways at Adoption: 1. not modify the amendment, but provide additional explanation of what the amendment is about, its purpose, what it will achieve [appropriate when we believe the DEO simply does not understand/has misunderstood the amendment] and/or provide additional data and analysis to support the amendment; or Agiw 2. modify the amendment, so as to address the ORC issue; or, 3. modify the amendment, and provide additional explanation and/or provide additional data and analysis; or, 4. not adopt the amendment. In their July 6, 2012 ORC Report for the 2011 Evaluation and Appraisal Report (EAR) based GMP amendments, DEO raises no Objections, and offers only four Comments. Generally, these Comments are technical in nature. While none of the Comments — nor the modifications recommended in response to them — affect the preservation, conservation or other treatment of natural resources implemented through provisions of the Collier County GMP, the Comments do affect the same Elements reviewed previously by the EAC. The full ORC Report, which includes comments from other state and regional review agencies, is included in the EAC binder. Staff proposes revisions to the EAR-based amendments as Transmitted, so as to address DEO and outside review agency issues identified in the Conservation and Coastal Management Element (CCME), the Natural Groundwater Aquifer Recharge Sub-Element (NGWAR), and the Drainage Sub-Element. None of the proposed Adoption amendments vary significantly from those Transmitted. Within this report are the Goals and Objectives of the respective Element recommended for change. Where a Goal or Objective is recommended for change, it is accompanied by a [bracketed notation] indicating the nature of such change. Modifications to the BCC's approved-for-Transmittal versions of Objectives or Policies, proposed by staff in response to the ORC Report or other review agency comments appear as edits [in underline/strike-through format]. —2-- S t a f f R e p o r t to t h e E n v i r o n m e n t a l A d v i s o r y C o u n c i l Organization of EAR-based Amendments for Adoption The proposed EAR-based amendments are organized into a single-bound report containing four parts: ❖ This Staff Report to the Environmental Advisory Council; ❖ The Florida Department of Economic Opportunity Objection, Recommendations and Comments (ORC) Report dated July 6, 2012 on proposed amendments to the Collier County Growth Management Plan based on the 2011 EAR; ❖ Attachment to the Staff Report listing the Objectives and Policies as approved for Transmittal by the Board of County Commissioners and the Objectives and Policies as recommended by the Environmental Advisory Council at Transmittal—where they differ; and, ❖ Each of the GMP Elements and Sub-Elements as approved for Transmittal by the Board of County Commissioners on April 24, 2012, shown in strike-through/underline format. The DEO ORC Report addresses all EAR-based GMP amendments Transmitted by the County. Based upon the limited scope of review for the EAC however, all GMP Elements and Sub-Elements are not provided within the EAC version of EAR-based amendment Adoption binders. To correspond with the environmental focus of the EAC, the Elements provided are the Conservation and Coastal Management Element (CCME), the Natural Groundwater Aquifer Recharge Sub-Element (NGWAR), and the Drainage Sub-Element. [Note: The Capital Improvement Element (CIE) of the Growth Management Plan appears because the DEO or other review agency comments affected the CIE.] Below are the Objectives and Policies commented upon by the DEO and other review agencies, with the subsequent County responses: Public Facilities Element/Drainage Sub-Element (the Stormwater Management Sub-Element, upon adoption) Policy as transmitted by the BCC: Policy 2.1: The following levels of service for drainage are hereby adopted for the purpose of issuing of service will be modified, if warranted. A. Future 'private" developments water quantity and quality standards as specified in Collier , - gib, . , - - - Agency Comments with staff response and text changes: This Policy was moved to the Capital Improvement Element (CIE) in Transmittal. But not all levels of service standards entries appear in CIE Policy 1.5.C, which creates a circular reference between the CIE and the Stormwater Management Sub-Element. [SFWMD comment provided outside ORC Report] —3— Staff Report to the Environmental Advisory Council Staff Response:Acknowledged; staff evaluated Policy 2.1.B and confirmed accuracy of Ordinance cites in Policy 2.1.A. Ordinances listed in subsection "A" properly include Ordinance 2001-27 and LDC Ordinance 2004-41, as amended; but, a complete list of cites did not migrate to Transmittal Exhibit "A" for the CIE. The CIE [Exhibit "A"] has been revised as necessary to resolve both issues. No associated changes are necessary to the Drainage (Stormwater Management) Sub-Element. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Policy as transmitted by the BCC: Policy 6.2: Collier County's retention and detention requirements shall be the same ac one hundred and fifty percent (150%) of those provided in the South Florida Water Management District's Basis-ef Review Environmental Resource Permit Information Manual, Volume IV, 2009, as it existed at the time of project approval. Agency Comments with staff response and text changes: As with the CCME, this information manual is not [or will soon no longer be] the right resource document. See cross reference in Staff Report Attachment remarks addressing Drainage Sub- Element Policies 6.2 and 6.3. District will provide new document name when change occurs. [SFWMD comment provided outside ORC Report] Staff Response: Acknowledged, and recommended text change is proposed. South Florida Water Management District will work with County staff to provide correct document name and amend Policy 6.3.3. The same document is referenced in CCME; the recommended text change is proposed to the corresponding Policies in both Elements. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Policy as transmitted by the BCC: Policy 6.3: Allowable off-site discharge rates shall be computed using a storm event of 3 day duration and 25 year return frequency. The allowable off-site discharge rates are as follows: a. Airport Road North Sub-Basin 0.04 cfs/acre (North of Vanderbilt Beach Road) b. Airport Road South Sub-basin 0.06 cfs/acre (South of Vanderbilt Beach Road) c. Cocohatchee Canal Basin 0.04 cfs/acre d. Lely Canal Basin 0.06 cfs/acre e. Harvey Basin 0.055 cfs/acre f. Wiggins Pass Basin 0.13 cfs/acre g. All other areas 0.15 cfs/acre The County may exempt projects from these allowable off-site discharge rates if any of the following applies: 1. The project is exempt from allowable off-site discharge limitations pursuant to Section 40E- 400.315, FAC. ORC Report Comments with staff response and text changes: The Department recommends that Drainage Sub-Element Policy 6.3.1 be updated to reference Section 403.814(12), F.S. The currently referenced Rule 40E-400.315, F.A.C., does not exempt projects from off-site discharge limitations, and this rule will be superseded on July 1, 2012 with the aforementioned Statute. [DEO ORC, Comment No. 2] —4 — S t a f f R e p o r t to t h e E n v i r o n m e n t a l A d v i s o r y C o u n c i l Staff Response:Acknowledged, and recommended text change is proposed. Policy 6.3: Allowable off-site discharge rates shall be computed using a storm event of 3 day duration and 25 year return frequency. The allowable off-site discharge rates are as follows: a. Airport Road North Sub-Basin 0.04 cfs/acre (North of Vanderbilt Beach Road) b. Airport Road South Sub-basin 0.06 cfs/acre (South of Vanderbilt Beach Road) c. Cocohatchee Canal Basin 0.04 cfs/acre d. Lely Canal Basin 0.06 cfs/acre e. Harvey Basin 0.055 cfs/acre f. Wiggins Pass Basin 0.13 cfs/acre g. All other areas 0.15 cfs/acre The County may exempt projects from these allowable off-site discharge rates if any of the following applies: 1. The project is exempt from allowable off-site discharge limitations pursuant to Section 49E- '100.315, FAC. 403.814(12), F.S. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Capital Improvement Element (CIE) Policy as transmitted by the BCC: Policy 1.5.C: C. County Surface Water Stormwater Management Systems: 1. Future "private" developments - water quantity and quality standards as specified in Collier County Ordinances 74-50 and 90-10. 2. Existing "private" developments and existing or future public drainage stormwater management 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 Stormwater Management Sub-Element of the Public Facilities Element. Agency Comments with staff response and text changes: Policy 1.5.0 is supposed to cross reference LOS for Stormwater Management Sub-Element but no LOS there, which introduced a circular reference between the Stormwater Management Sub- Element and the CIE. [SFWMD comment provided outside ORC Report] Staff Response: Acknowledged; Ordinances listed in subsection "1" should include third and fourth references, adding Ordinance 2001-27 and LDC Ordinance 2004-41, as amended; the complete list of reference cites did not migrate from Transmittal Exhibit "A" for the Stormwater Management Sub- Element, and recommended text change is proposed. No associated changes necessary to Stormwater Management Sub-Element. Policy 1.5: C. County Surface Water Stormwater Management Systems: —5— Staff Report to the Environmental Advisory Council 1. Future "private" developments - water quantity and quality standards as specified in Collier County Ordinances 74-501 and 90-10, and 2001-27, and Land Development Code Ordinance Ask 2004-41, as amended. 2. Existing "private" developments and existing or future public drainage stormwater management 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 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 COCOHATCHEE RIVER SYSTEM Cocohatchee River Basin D Pine Ridge Canal Basin C Palm River Canal Basin D 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 LEVELS OF SERVICE ATTAINED BY BASINS BASIN LEVEL OF SERVICE FAKA-UNION SYSTEM Faka-Union Canal Basin D Miller Canal Basin D Merritt Canal Basin C Prairie Canal Basin —6— Staff Report to the Environmental Advisory Council SOUTHERN COASTAL BASIN US-41 Outfall Swale No. 1 Basin D US-41 Outfall Swale No. 2 Basin D Seminole Park Outlet Basin C BARRON RIVER SYSTEM Okaloacoochee Slough Basin D Barron River Canal North Basin C Urban Immokalee Basin C MISCELLANEOUS INTERIOR WETLAND SYSTEMS Corkscrew Slough Basin * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Conservation and Coastal Management Element(CCME) Objective as transmitted by the BCC: OBJECTIVE 2.1.a: All new development and re-development projects shall meet 150% of the water quality volumetric requirements of Section 5.2.1(a) of the Basis of Review for Environmental Resource Permit Applications Within the South Florida Water Management District (February 2006) and the retention and detention requirements, and the allowable offsite discharge rates required by Drainage Sub- Element Policy 6.2 and 6.3, respectively; [No EAR-based amendments recommended.] Agency Comments provided with ORC Report, with staff response and text changes: New development and re-development is required to meet 150% of the water quality volumetric requirements of Section 5.2.1.a of the Basis of Review document. This reference is not [or will soon no longer be] the right resource document See cross reference in Drainage Sub-Element Policies 6.2 and 6.3. District will provide new document name when change occurs. jSFWMD, Comment No. 4] Staff Response: Acknowledged, and recommended text change is proposed. South Florida Water Management District will work with County staff to provide correct document name and amend Policy prior to adoption. Notes:A similar recommended text change is mirrored in Drainage Sub-Element Policy 6.2. Additionally, Objective 2.1.c has been revised to reflect the effective date of FEMA maps (May 16, 2012). OBJECTIVE 2.1.a: All new development and re-development projects shall meet 150% of the water quality volumetric requirements of (the to be specified) Section 5.2.1(3) of the (still to be identified document superseding) _- ' - •- - • - -•-• . e -- ••• -- - . - --- Florida Water Management District (February 2006) and the retention and detention requirements, and the allowable offsite discharge rates required by Drainage Stormwater Management Sub- Element Policy 6.2 and 6.3, respectively; * * * * * * * * * * * * * * * * * * * * * * * * * * * * * —7— Staff Report to the Environmental Advisory Council Policy as transmitted by the BCC: Policy 2.2.5: The County, in coordination with the South Florida Water Management District and the Florida Department of Environmental Protection, shall develop and implement a plan to encourage By -- - e- - , !e_, - - - - - - - - -- _ , stormwater management systems shall be periodically inspected and, if feasible, certified by an licensed Florida appropriate professional engineer for compliance with their approved design, and any deficiencies shall be corrected. Agency Comments provided with ORC Report, with staff response and text changes: Remove the reference for District coordination to develop and implement a plan to encourage inspections of stormwater systems from this Policy. The District does not require these inspections. However, the District is available to provide technical assistance and to coordinate education efforts with the County regarding the importance of periodic inspections and maintenance. [SFWMD, Comment No. 2] Staff Response:Acknowledged. The below Policy has been revised to reflect that the District will not be actively involved with developing said plan, performing system inspections or enforcing compliance. Policy 2.2.5: The County will seek technical assistance from the South Florida Water Management District, and coordinate with the Florida Department of Environmental Protection to develop and implement a plan to encourage = !-.-• _ - , !e_, _ _ - _ - -- - , stormwater management systems shall be periodically inspected and, if feasible, certified by an licensed Florida appropriate professional engineer for compliance with their approved design, and any deficiencies shall be corrected. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Public Facilities Element/Natural Groundwater Aquifer Recharge Sub-Element (NGWAR) Policy as transmitted by the BCC: Policy 2.4: Collier County shall evaluate the necessity for adopting more stringent gresnd--water groundwater recharge standards for High or Prime Recharge areas within 2 years of the SFWMD Governing Board's adoption of such areas. [No EAR-based amendment recommended other than word- smithing.] Agency Comments provided with ORC Report, with staff response and text changes: Florida Statute subsection 373.0395, regarding groundwater basin resource availability inventory, particularly subsection (3), regarding prime groundwater recharge areas — along with requirements to submit such inventory to localities for considering in future Plan revisions — has been deleted. Further, the District posts the groundwater basin resource availability inventory on the internet, which renders publication of such a report obsolete. [SFWMD, Comment No. 2] Staff Response: Acknowledged. These standards are now found within County-adopted watershed management plan(s) and/or mapped as wellfield protection zones, and text change is proposed. Policy 2.4: Collier County shall evaluate the necessity for adopting more stringent ground water recharge - -- - - - - - 'w..- '-- - - - - . . _ _ -- - .A. ! -e - -.-e- -. -' adoption of such areas. — 8— S t a f f R e p o r t to t h e E n v i r o n m e n t a l A d v i s o r y C o u n c i l Collier County will adopt groundwater recharge standards recommended by the Watershed Management Plan accepted by the Board of County Commissioners on December 13, 2011. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Map changes as recommended by EAC and approved for Transmittal by BCC: 1. Map 1, Groundwater Recharge to the Surficial Aquifer • This map is to be updated. 2. Map 2, Groundwater Recharge to the Lower Tamiami Aquifer • This map is to be updated. Agency Comments with staff response and text changes: The SFWMD resource for this mapping is no longer published(as discussed above). [SFWMD, comment provided outside ORC Report] Staff Response: Acknowledged. These maps are now found within County-adopted watershed management plan(s), basin study and/or mapped as wellfield protection zones and do not necessitate individual listing in this Element, and recommended change is proposed. MAP CHANGES: 1. Map 1, Groundwater Recharge to the Surficial Aquifer • This map is to be updated deleted. 2. Map 2, Groundwater Recharge to the Lower Tamiami Aquifer • This map is to be updated deleted. STAFF RECOMMENDATION That the EAC forward EAR-based GMP amendments with the modifications presented above to the Collier County Planning Commission with a recommendation to approve for Adoption and transmit to the Florida Department of Economic Opportunity. —9— S t a f f R e p o r t to t h e E n v i r o n m e n t a l A d v i s o r y C o u n c i l PREPA-ED Y: i - ___ --- / , A ` A AL/ I A CORBY SCHM DT,AICP, PRINCIPAL PLANNER DA GROWTH MA AGEMENT DIVISION/PLANNING AND REGULATION PLANNING AND ZONING DEPARTMENT, COMPREHENSIVE PLANNING St' TION REVIEWED B --r `ft'----- 5 -3 -I Z DAVID WEEKS,AICP, GMP MANAGER DATE GROWTH MANAGEMENT DIVISION/PLANNING AND REGULATION PLANNING AND ZONING DEPARTMENT, COMPREHENSIVE PLANNING SECTION MIKE BOSI, AICP, INTERIM DIRECTOR DATE GROWTH MANAGEMENT DIVISION/PLANNING AND REGULATION PLANNING AND ZONING DEPARTMENT APPROVED BY; , (_ NICK CASALANGUIDA DATE ADMINISTRATOR GROWTH MANAGEMENT DIVISION 2011 Evaluation and Appraisal Report (EAR)-based Growth Management Plan amendments —Adoption Staff Report for September 5, 2012 Environmental Advisory Council meeting. NOTE: Adoption hearings have been scheduled for October 30, 2012 (CCPC, with an October 31 carryover hearing, if needed) and December 11, 2012 (BCC). — 10— S t a f f R e p o r t to t h e E n v i r o n m e n t a l A d v i s o r y C o u n c i l PUBLIC NOTICE PUBLIC NOTICE PUBLIC NOTICE PUBLIC NOTICE NOTICE OF PUBLIC HEARING AND NOTICE OF INTENT TO CONSIDER ORDINANCE r Notice is hereby given that on Tuesday,December 11,2012 in the Boardroom, ORDINANCE NO.12-_ third floor,Commission Chamber,Collier County Government Center,3299 E. AN ORDINANCE AMENDING ORDINANCE NUMBER 89-05 AS AMENDED, Tamiami Trail,Naples,Florida 34112.The Board of County Commissioners will THE COWER COUNTY GROWTH MANAGEMENT PLAN FOR THE UNINCOR- *,,,_,e' hold a public hearing to consider the adoption of the following County Ordi- PORATED AREA OF COLLIER COUNTY,FLORIDA,BY AMENDING THE IN- 7 notes,2011 EAR-Based Amendments to the Collier County Growth Manage- TERGOVERNMENTAL COORDINATION ELEMENT TO PRCVIDE FOR 2011 ment Plan.The meeting will commence at 9:00 AM. EVALUATION AND APPRAISAL REPORT(EAR)BASED AMENDMENTS TO THE GROWTH MANAGEMENT PLAN;BY PROVIDING FOR SEVERABILITY; The purpose of the hearing is to consider the adoption of the EAR-Based AND BY PROVIDING FOR AN EFFECTIVE DATE. amendments to the Growth Management Plan;specifically to the Capital Improvement Element,Transportation Element,Sanitary Sewer Sub-Element, ORDINANCE NO.12-_ Potable Water Sub-Element,Drainage Sub-Element,Solid Waste Sub-Element AN ORDINANCE AMENDING ORDINANCE NUMBER 89-05 AS AMENDED, and Natural Groundwater Aquifer Recharge Sub-Element of the Public Facilities THE COLLIER COUNTY GROWTH MANAGEMENT PLAN FOR THE UNIN- Element,Housing Element,Recreation and Open Space Element,Conserva- CORPORATED AREA OF COLLIER COUNTY,FLORIDA,BY AMENDING THE Son and Coastal Management Element,Intergovernmental Coordination Ele- FUTURE LAND USE ELEMENT AND FUTURE LAND USE MAP AND MAP ment,Future Land Use Element and Future Land Use Map and Map Series, SERIES TO PROVIDE FOR 2011 EVALUATION AND APPRAISAL REPORT Golden Gate Area Master Plan and Golden Gate Area Master Plan Future Land (EAR)BASED AMENDMENTS TO THE GROWTH MANAGEMENT PLAN;BY Use Map and Map Series,Economic Element and the Public Schools Facilities PROVIDING FOR SEVERABILITY;AND BY PROVIDING FOR AN EFFECTIVE Element;and Immokalee Area Master Plan Element Future Land Use map to DATE. revise the Lake Trafford/Camp Keais Strand System;and a recommendation for Adoption to the Florida Department of Economic Opportunity.The Ordinance ORDINANCE NO.12-_ Titles are as follows: AN ORDINANCE AMENDING ORDINANCE NUMBER 89-05,AS AMENDED, THE COLLIER COUNTY GROWTH MANAGEMENT PLAN FOR THE UNIN- ORDINANCE NO.12- CORPORATED AREA OF COLLIER COUNTY,FLORIDA,BY AMENDING THE AN ORDINANCE AMENDING ORDINANCE NUMBER 89-05,AS AMENDED, GOLDEN GATE AREA MASTER PLAN AND GOLDEN GATE AREA MASTER THE COLLIER COUNTY GROWTH MANAGEMENT PLAN FOR THE UNINCOR- PLAN FUTURE LAND USE MAP AND MAP SERIES TO PROVIDE FOR 2011 PORATED AREA OF COLLIER COUNTY,FLORIDA,BY AMENDING THE CAPI- EVALUATION AND APPRAISAL REPORT(EAR)BASED AMENDMENTS TO TAL IMPROVEMENT ELEMENT TO PROVIDE FOR 2011 EVALUATION AND THE GROWTH MANAGEMENT PLAN;BY PROVIDING FOR SEVERABILITY; APPRAISAL REPORT(EAR)BASED AMENDMENTS TO THE GROWTH AND BY PROVIDING FOR AN EFFECTIVE DATE. MANAGEMENT PLAN;BY PROVIDING FOR SEVERABILITY;AND BY PRO- VIDING FOR AN EFFECTIVE DATE. ORDINANCE NO.12- AN ORDINANCE AMENDING ORDINANCE 89-05,AS AMENDED,THE COL- ORDINANCE NO.12- LIER COUNTY GROWTH MANAGEMENT PLAN FOR THE UNI CORPORATED AN ORDINANCE AMENDING ORDINANCE NUMBER 89-05,AS AMENDED, AREA OF COLLIER COUNTY,FLORIDA,BY AMENDING THE CONOMIC EL- THE COWER COUNTY GROWTH MANAGEMENT PLAN FOR THE UNIN- EMENT TO PROVIDE FOR 2011 EVALUATION AND APPR SAL REPORT CORPORATED AREA OF COLLIER COUNTY,FLORIDA,BY AMENDING THE (EAR)BASED AMENDMENTS TO THE GROWTH MANAGE ENT PLAN;BY TRANSPORTATION ELEMENT TO PROVIDE FOR 2011 EVALUATION AND PROVIDING FOR SEVERABILITY;AND BY PROVIDING FO AN EFFECTIVE APPRAISAL REPORT(EAR) BASED AMENDMENTS TO THE GROWTH DATE. MANAGEMENT PLAN;BY PROVIDING FOR SEVERABILITY;AND BY PRO- ORDINANCE N0.12-_ VIDING FOR AN EFFECTIVE DATE. AN ORDINANCE AMENDING ORDINANCE 89-05,AS AME ED,THE COL- ORDINANCE NO.12-_ LIER COUNTY GROWTH MANAGEMENT PLAN FOR TH UNINCORPO- AN ORDINANCE AMENDING ORDINANCE NUMBER 89-05,AS AMENDED, RATED AREA OF COLLIER COUNTY,FLORIDA,BY AMEND! G THE PUBLIC THE COLLIER COUNTY GROWTH MANAGEMENT PLAN FOR THE UNINCOR- SCHOOLS FACILITIES ELEMENT TO PROVIDE FOR 201 EVALUATION PORATED AREA OF COLLIER COUNTY,FLORIDA,BY AMENDING THE SAKI- AND APPRAISAL REPORT(EAR)BASED AMENDMENTS T THE GROWTH TARY SEWER SUBELEMENT OF THE PUBLIC FACILITIES ELEMENT TO MANAGEMENT PLAN;PROVIDING FOR SEVERABILITY, D PROVIDING PROVIDE FOR 2011 EVALUATION AND APPRAISAL REPORT(EAR)BASED FOR AN EFFECTIVE DATE AMENDMENTS TO THE GROWTH MANAGEMENT PLAN;BY PROVIDING ORDINANCE NO.12- FOR SEVERABILITY,AND BY PROVIDING FOR AN EFFECTIVE DATE AN ORDINANCE AMENDING ORDINANCE 89-05,AS AMEN ED,THE COL- LIER COUNTY GROWTH MANAGEMENT PLAN FOR THE UNI CORPORATED ORDINANCE NO.12-_ AREA OF COLLIER COUNTY,FLORIDA,BY AMENDING T IMMOKALEE AN ORDINANCE AMENDING ORDINANCE NUMBER 89-05,AS AMENDED, AREA MASTER PLAN ELEMENT FUTURE LAND USE M TO PROVIDE THE COLLIER COUNTY GROWTH MANAGEMENT PLAN FOR THE UNINCOR- FOR 2011 EVALUATION AND APPRAISAL REPORT(EAR)BASED AMEND- PORATED AREA OF COWER COUNTY,FLORIDA,BY AMENDING THE PO- MENTS TO THE GROWTH MANAGEMENT PLAN INCLUDING A REVISION TABLE WATER SUBELEMENT OF THE PUBLIC FACILITIES ELEMENT TO TO THE BOUNDARY OF THE LAKE TRAFFORD/CAMP KEAIS STRAND PROVIDE FOR 2011 EVALUATION AND APPRAISAL REPORT(EAR)BASED SYSTEM OVERLAY;PROVIDING FOR SEVERABILITY,AND PROVIDING FOR AMENDMENTS TO THE GROWTH MANAGEMENT PLAN;BY PROVIDING AN EFFECTIVE DATE FOR AN EFFECTIVE DATE FOR SEVERABIUTY;AND BY PROVIDING FOR AN EFFECTIVE DATE. ORDINANCE NO.12-_ AN ORDINANCE AMENDING ORDINANCE NUMBER 89-05,AS AMENDED, • covoeu THE COLLIER COUNTY GROWTH MANAGEMENT PLAN FOR THE UNIN- ) Florida CORPORATED AREA OF COLLIER COUNTY,FLORIDA,BY AMENDING THE ) • DRAINAGE SUBELEMENT OF THE PUBLIC FACILITIES ELEMENT TO -.=— '. PROVIDE FOR 2011 EVALUATION AND APPRAISAL REPORT(EAR)BASED AMENDMENTS TO THE GROWTH MANAGEMENT PLAN;BY PROVIDING *- --- - -----, FOR SEVERABILITY;AND BY PROVIDING FOR AN EFFECTIVE DATE. 1.,I ! - ORDINANCE NO.12-_ £ [,�'�-;-' �-- v. _.._..r �) AN ORDINANCE AMENDING ORDINANCE NUMBER 89-05,AS AMENDED, THE COLLIER COUNTY GROWTH MANAGEMENT PLAN FOR THE UNIN- CORPORATED AREA OF COLLIER COUNTY,FLORIDA,BY AMENDING THE SOLID WASTE SUBELEMENT OF THE PUBLIC FACILITIES ELEMENT TO `G? PROVIDE FOR 2011 EVALUATION AND APPRAISAL REPORT(EAR)BASED AMENDMENTS TO THE GROWTH MANAGEMENT PLAN;BY PROVIDING FOR SEVERABILITY;AND BY PROVIDING FOR AN EFFECTIVE DATE. 0 ... 1 1 ORDINANCE NO.12- AN ORDINANCE AMENDING ORDINANCE NUMBER 89-05,AS AMENDED, . _„__THE COLLIER COUNTY GROWTH MANAGEMENT PLAN FOR THE UNIN- -, CORPORATED AREA OF COLLIER COUNTY,FLORIDA,BY AMENDING THE AN interested parties are invited to appear and be heard. Copies of the pro- NATURAL GROUNDWATER AQUIFER RECHARGE SUBELEMENT OF THE posed amendments are available for inspection at the Comprehensive Plan- PUBLIC FACILITIES ELEMENT TO PROVIDE FOR 2011 EVALUATION AND ning Section of the Planning&Zoning Department,2800 N.Horseshoe Drive, APPRAISAL REPORT(EAR)BASED AMENDMENTS TO THE GROWTH Naples,Florida between the hours of 8:00 A.M.and 5:00 P.M.,Monday through MANAGEMENT PLAN;BY PROVIDING FOR SEVERABILTTY;AND BY PRO- Friday,or webshe link: VIDING FOR AN EFFECTIVE DATE. http://www.colliergov.netAndex.aspx?page=3286. ORDINANCE NO.12-_ Any questions pertaining to these documents should be directed to the Com- AN ORDINANCE AMENDING ORDINANCE NUMBER 89-05,AS AMENDED, prehensive Planning Section.(239-252-6819).Written comments filed with the THE COLLIER COUNTY GROWTH MANAGEMENT PLAN FOR THE UNIN- Comprehensive Planning Section of the Planning&Zoning Department prior CORPORATED AREA OF COLLIER COUNTY,FLORIDA,BY AMENDING THE to Tuesday,December 11,2012,will be read and considered at the public HOUSING ELEMENT TO PROVIDE FOR 2011 EVALUATION AND APPRAIS- hearing. AL REPORT(EAR)BASED AMENDMENTS TO THE GROWTH MANAGE- MENT PLAN;BY PROVIDING FOR SEVERABILITY;AND BY PROVIDING FOR If a person decides to appeal any decision made by the Colli County Board AN EFFECTIVE DATE. of County Commissioners with respect to any matter co idered at such meeting or hearing,he will need a record of that proceedi ,and for such ORDINANCE NO.12- purpose he may need to ensure that a verbatim record of t proceedings is AN ORDINANCE AMENDING ORDINANCE NUMBER 89-05,AS AMENDED, made,which record includes the testimony and evidence u which the ap- THE COLLIER COUNTY GROWTH MANAGEMENT PLAN FOR THE UNINCOR- peal is to be based. • PORATED AREA OF COLLIER COUNTY,FLORIDA,BY AMENDING THE REC- If you are a person with a disability who needs an accommodation in order to REATION AND OPEN SPACE ELEMENT TO PROVIDE FOR 2011 EVALU- participate in the proceeding,you are entitled,at no cost to y u,to the provi- ATION AND APPRAISAL REPORT(EAR)BASED AMENDMENTS TO THE sion of certain assistance. Please contact the Collier Cou Facilities Man- GROWTH MANAGEMENT PLAN;BY PROVIDING FOR SEVERABILITY;AND agement Department,located at'1395 Tamiami Trail East,S to 101,Naples, BY PROVIDING FOR AN EFFECTIVE DATE. Florida 34112,(239)252-8380. Assisted listening devices f the hearing im- ORDINANCE NO.12- paired are available in the County Commissioners'Office. AN ORDINANCE AMENDING ORDINANCE NUMBER 89-05,AS AMENDED, BOARD OF COUNTY COMMISSIONERS THE COLLIER COUNTY GROWTH MANAGEMENT PLAN FOR THE UNIN- COLLIER COUNTY,FLORIDA CORPORATED AREA OF COLLIER COUNTY,FLORIDA,BY AMENDING THE FRED W.COYLE,CHAIRMAN CONSERVATION AND COASTAL MANAGEMENT ELEMENT TO PROVIDE FOR 2011 EVALUATION AND APPRAISAL REPORT(EAR)BASED AMEND- DWIGHT E.BROCK,CLERK MENTS TO THE GROWTH MANAGEMENT PLAN;BY PROVIDING FOR SEV- By Ann Jennejohn,Deputy Clerk ERABILRY;AND BY PROVIDING FOR AN EFFECTNE DATE. 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