Ordinance 2015-10 ORDINANCE NO. 15- 10
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 RECREATION AND OPEN SPACE 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 RECREATION AND OPEN
SPACE ELEMENT OF THE GROWTH MANAGEMENT PLAN
The amendment to the Recreation and Open Space 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.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida this ,r44"day of J4r uca r•1 2015.
ATTEST: 1 BOARD OF COUNTY COMMISSIONERS
DWIGI- `.�1oCK, CLERK COLLIER COUNTY, FLORIDA
�� • BY: l /�/�I�IrG�_
(-- ' .�: ,1;le TIM NANCE, Chairman
(:Attest as 0 al n's
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Appr ed as to orm and legality:
Scott A. Stone
Assistant County Attorney
Attachment: Exhibit A—Recreation and Open Space Element
This ordinance filed with the
c terry of t.te's Office ,e
day of ..i t di I ■,
and acknowledge - , that
fil' • e -ived .i • day
o' // I .I
By 1111111211116. ,AI 0 'C .
to
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Staff Proposed GMP Amendments CCPC Adoption Draft 10/15/14
EXHIBIT "A"
RECREATION AND OPEN SPACE ELEMENT (ROSE)
L INTRODUCTION [Revised text, page 1]
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II. GOALS, OBJECTIVES AND POLICIES [Revised text, page 2]
• e • _ 9 • , _ • • ■ 11
*** *** *** *** *** text break *** *** *** *** ***
Policy 1.1.1: [Revised text, page 2]
The standards for levels of service (LOS) of County parks and recreation facilities appear in
Policy 1.5; subsection "G" 1.5.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 *** *** *** *** ***
LEVEL OF SERVICE STANDAR-IX
--. - - - ._. .
.. i.ii --e. - - ---- - - • • -- -- - -- - - -- - ---- e-
-e-- , - - _ - .- • ---- - --- - - - - - . -- A - ' -es - --
by the County population.
sector are available through ar angement with the County to the public on a
*** *** *** *** *** text break *** *** *** *** ***
[Revised text, page 5]
GOAL 2: THE COUNTY SHALL PROMOTE A PARK SYSYTEM 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.
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Words underlined are added;words otruck through are deleted—as Transmitted.
Words double-underlined are added;words double-gwek,thfewjli are deleted—as Recommended for Adoption. 1
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. 15-10, 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.fi.us