Ordinance 2015-06 ORDINANCE NO. 15- 06
AN ORDINANCE AMENDING ORDINANCE 89-05, AS AMENDED,
THE COLLIER COUNTY GROWTH MANAGEMENT PLAN OF
THE UNINCORPORATED AREA OF COLLIER COUNTY
FLORIDA, ADOPTING 2011 EVALUATION AND APPRAISAL
REPORT (EAR) BASED AMENDMENTS TO THE COLLIER
COUNTY GROWTH MANAGEMENT PLAN TO FIX GLITCHES
RELATED TO CHANGES IN THE 2011 EAR-BASED
AMENDMENTS AND TO REVISE FORMAT, STRUCTURE AND
LANGUAGE FOR INTERNAL CONSISTENCY, SPECIFICALLY
AMENDING THE CAPITAL IMPROVEMENT ELEMENT;
RECOMMENDING TRANSMITTAL OF THE ADOPTED
AMENDMENTS TO THE FLORIDA DEPARTMENT OF
ECONOMIC OPPORTUNITY; PROVIDING FOR SEVERABILITY;
AND PROVIDING FOR AN EFFECTIVE DATE.
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WHEREAS, Collier County, pursuant to Section 163.3161, et. seq., Florida Statutes, the
Community Planning Act, formerly the Florida Local Government Comprehensive Planning and
Land Development Regulation Act, was required to prepare and adopt a comprehensive plan;
and
WHEREAS, the Collier County Board of County Commissioners adopted the Collier
County Growth Management Plan on January 10, 1989; and
WHEREAS, the Community Planning Act of 2011 provides authority for local
governments to amend their respective comprehensive plans and outlines certain procedures to
amend adopted comprehensive plans; and
WHEREAS, staff has prepared amendments to address glitches related to 2011 EAR-
based amendments; and
WHEREAS, Collier County transmitted the Growth Management Plan amendments to
the Department of Economic Opportunity for preliminary review on July 18, 2014, after public
hearings before the Collier County Planning Commission and the Board of County
Commissioners; and
WHEREAS, the Department of Economic Opportunity reviewed the amendments to the
Growth Management Plan and transmitted its comments in writing to Collier County within the
time provided by law; and
WHEREAS, Collier County has 180 days from receipt of the Comments Report from the
Department of Economic Opportunity to adopt, adopt with changes or not adopt the proposed
amendments to the Growth Management Plan; and
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WHEREAS, Collier County has gathered and considered additional information, data and
analysis supporting adoption of these amendments, including the following: the Collier County
Staff Report, the documents entitled Collier County Growth Management Plan Amendments and
other documents, testimony and information presented and made a part of the record at the public
hearings of the Collier County Planning Commission held on December 4, 2014, and the Collier
County Board of County Commissioners held on January 27, 2015; and
WHEREAS, all applicable substantive and procedural requirements of the law have been
met.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA that:
SECTION ONE: ADOPTION OF AMENDMENTS TO THE CAPITAL IMPROVEMENT
ELEMENT OF THE GROWTH MANAGEMENT PLAN
The amendment to the Capital Improvement Element of the Growth Management Plan,
attached hereto as Exhibit "A" and incorporated herein by reference, is hereby adopted in
accordance with Section 163.3184, Florida Statutes, and shall be transmitted to the Florida
Department of Economic Opportunity.
SECTION TWO: SEVERABILITY.
If any phrase or portion of this Ordinance is held invalid or unconstitutional by any court
of competent jurisdiction, such portion shall be deemed a separate, distinct and independent
provision and such holding shall not affect the validity of the remaining portion.
SECTION THREE: EFFECTIVE DATE.
The effective date of this plan amendment, if the amendment is not timely challenged,
shall be 31 days after the state land planning agency notifies the local government that the plan
amendment package is complete. If timely challenged, this amendment shall become effective
on the date the state land planning agency or the Administration Commission enters a final order
determining this adopted amendment to be in compliance. No development orders, development
permits, or land uses dependent on this amendment may be issued or commenced before it has
become effective. 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.
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PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida this 3.74''day of \o,nuck c` ) 2015.
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA
�.., s= ,_, BY: i� c.�.
t Atte r� 1111+S- TIM NANCE, Chairman
signature 44.
4 ■vt.•‘'
Ap roved as to form and legality:
------f °
Scott A. Stone
Assistant County Attorney
Attachment: Exhibit A—Capital Improvement Element
This ordinance filed with the
r tart' of •te's Iffice 41115-
day of /IA 114_} k�
and acknowledgeme- ;. that
fi ' e. t day
By A 0 • C.
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Staff Proposed GMP Amendments CCPC Adoption Draft 10/15/14
EXHIBIT "A"
CAPITAL IMPROVEMENT ELEMENT (CIE)
I. INTRODUCTION [Revised parenthetical citation,
page 1]
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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 to meet established acceptable levels of service." The
statute 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
- A e - - _ --- 163.3164(28), Florida Statutes).
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II. GOALS, OBJECTIVES AND POLICIES [Revised parenthetical citation,
page 2]
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Policy 1.5: [Revised text,
page 7]
The standards for levels of service of public facilities shall be as follows:
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C. County Stormwater Management Systems:
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LEVELS OF SERVICE ATTAINED BY BASINS
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BASIN LEVEL OF SERVICE
SOUTHERN COASTAL BASIN
US 11 US 41 Outfall Swale No. 1 Basin D
US 41 US 41 Outfall Swale No. 2 Basin D
Seminole Park Outlet Basin C
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H. Public School Facilities:
Level of Service (LOS) standards for CSAs shall be based upon permanent FISH capacity:
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
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pag34
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V. PROGRAMS TO ENSURE IMPLEMENTATION [Revised text,
page 26]
Through continued implementation of adopted land development regulations the following
programs have been implemented to ensure that the goals, objectives and policies established
in this Capital Improvement Element will be achieved or exceeded.
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The mandatory semi annual report to the Florida Department of Community Affairs concerning
and selected small developments will identify changes, if any, to adopted goals, objectives and
policies in this Capital Improvement Element.
5 4. Update of Capital Improvement Element [Renumbered text,
page 26]
The monitoring of, and adjustment to, this Capital Improvement Element is an ongoing process
necessitated by changing conditions. Beginning no later than December of each year, the
Element will be updated in conjunction with the County's budget process, and the release of the
official BEBR population estimates and projections. The update will include:
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6 5. Concurrency Management System [Renumbered text,
page 27]
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7 6. Third Evaluation and Appraisal Report Reviews [Renumbered & revised text,
page 28]
The Required third Evaluation and Appraisal Report Reviews (EAR) will address the
implementation of the goals, objectives and policies of this Capital Improvement Element. The
monitoring procedures necessary to enable the completion of the third each evaluation include:
A. Review of annual reports of the Concurrency Management System, as set forth in Section 6
5 above;
B. Review of semi annual reports to DCA concerning amendments to the Growth Management
G B. Review of annual updates of this Capital Improvement Element, including updated
supporting documents; and -
C. Review of State of Florida legislation concerning comprehensive planning and growth
management passed since the previous EAR to evaluate effects on Collier County planning
efforts.
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Cycle1CPSP-2013-6 First Set of Batch Amendments\CCPC&BCC Adoption113-6 Adptn GMPA Exhbt A_8-25 DRAFT.docx
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FLORIDA DEPARTMENT Of STATE
RICK SCOTT KEN DETZNER
Governor Secretary of State
February 2, 2015
Honorable Dwight E. Brock
Clerk of the Circuit Court
Collier County
Post Office Box 413044
Naples, Florida 34101-3044
Attention: Ann Jennejohn, Deputy Clerk
Dear Mr. Brock:
Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your
electronic copy of Collier County Ordinance No. 15-06, which was filed in this office on February 2, 2015.
Sincerely,
Ernest L. Reddick
Program Administrator
ELR/lb
R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250
Telephone: (850) 245-6270 • Facsimile: (850) 488-9879
www.dos.state.fl.us