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Ordinance 2017-20 ORDINANCE NO. 17- 20 AN ORDINANCE AMENDING ORDINANCE 89-05, AS AMENDED, THE COLLIER COUNTY GROWTH MANAGEMENT PLAN OF THE UNINCORPORATED AREA OF COLLIER COUNTY FLORIDA, ADOPTING A COUNTY- INITIATED AMENDMENT TO THE COLLIER COUNTY GROWTH MANAGEMENT PLAN TO UPDATE AND CLARIFY TEXT, SPECIFICALLY AMENDING THE CONSERVATION AND COASTAL MANAGEMENT ELEMENT; RECOMMENDING TRANSMITTAL OF THE ADOPTED AMENDMENT TO THE FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. [PL20130002637/CPSP-2013-11] 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 an amendment to the Conservation and Coastal Management Element of the Growth Management Plan; and WHEREAS, Collier County transmitted the Growth Management Plan amendment to the Department of Economic Opportunity for preliminary review on December 21, 2016, after public hearings before the Collier County Planning Commission and the Board of County Commissioners; and WHEREAS, the Department of Economic Opportunity reviewed the amendment 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 amendment to the Growth Management Plan; and WHEREAS, Collier County has gathered and considered additional information, data and analysis supporting adoption of this amendment, including the following: the Collier County Staff Report, the documents entitled Collier County Growth Management Plan Amendment and [15-CMP-00954/1336422/1]421 Page 1 PL20130002637/CPSP-2013-11 5/2/17 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 April 20, 2017, and the Collier County Board of County Commissioners held on June 13, 2017; 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 AMENDMENT TO THE CONSERVATION AND COASTAL MANAGEMENT ELEMENT OF THE GROWTH MANAGEMENT PLAN The amendment to the Conservation and Coastal Management 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. [15-CMP-00954/1336422/1]421 Page 2 PL20130002637/CPSP-2013-11 5/2/17 CA( PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida this 13411 day of 3 .A . k , 2017. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK COL IE' OUNTY, FLORIDA 40 dr . :'-'• Al. _ BY: /// IJd Deputy Cies �,a PE i• A YLO'''airman Attest as to Chairman's= , — signature only: -` Appr ved as to form and legality: l eidi Ashton-Cicko `' Managing Assistant County Attorney Attachment: Exhibit A—Conservation and Coastal Management Element This ordinance filed with the Secretary of State's Office the 2°44tlay of --lone—, 21317 and acknowledgement of that filing received this Z2' day J of /11.e. , •1 By Ai ' ��_ .i_ Deputy c /i. [15-CMP-00954/1336422/1]421 Page 3 PL20130002637/CPSP-2013-11 _ 5/2/17 A , Staff Proposed GMP Amendments CONSERVATION&COASTAL MANAGEMENT ELEMENT—Adoption Final 6/13/17 PL20130002637/CPSP-2013-11 EXHIBIT "A" CONSERVATION AND COASTAL MANAGEMENT ELEMENT (CCME) Update and make current the Table of Contents, along with corresponding titles, heading and other entries—inside and between Elements—to maximize internal consistency. II. GOALS, OBJECTIVES & POLICIES GOAL 1: [Reference text only, page 3] TO PLAN FOR THE PROTECTION, CONSERVATION, MANAGEMENT AND APPROPRIATE USE OF THE COUNTY'S NATURAL RESOURCES. OBJECTIVE 1.1: [Revised text, page 3] Maintain a comprehensive environmental management and conservation program to ensure that natural resources, including State and Federally listed animal species within the County are properly, appropriately, and effectively identified, managed, and protected. Policy 1.1.1: Collier County has established and will maintains an Environmental Advisory Council (EAC), which advises and assists the appropriate County agencies, the Collier County Planning Commission (CCPC) and the Board of County Commissioners (BCC) in implementing the County's environmental resources management programs. Policy 1.1.2: Collier County has incorporated the gGoals,eObjectives and ePolicies of this Conservation and Coastal Management Element... *** *** *** *** *** text break *** *** *** *** *** Policy 1.3.1: [Revised text, page 4] The NRPA program 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 shall include the following: a. Identification and mapping of NRPAs as an overlay to the Future Land Use Map; (During the Assessment for the Rural Fringe area, the County has determined that CREW Trust lands, Belle Meade, and 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 NRPA. The specific boundaries have been identified as NRPAs on the Future Land Use Map.) *** *** *** *** *** text break *** *** *** *** *** Policy 1.3.2 [Revised text, page 5] The overall purpose and description of the Rural Stewardship program is defined in the Rural Lands Stewardship Area (RLSA) Overlay found in the in the Future Land Use Element. A Stewardship Credit system has been established that shall serve as the primary basis for the protection of Flowway Stewardship Areas (FSAs), Habitat Stewardship Areas (HSAs) and Water Retention Areas (WRAs). The RLSA Overlay also contains policies to that shall direct incompatible land uses away from FSAs, HSAs and WRAs in order to protect wetlands, upland habitats and listed species within the RLSA. *** *** *** *** *** text break *** *** *** *** *** FINAL Words underlined are added;words struck-through are deleted. 1 gage 1 aft. °.nil Staff Proposed GMP Amendments CONSERVATION&COASTAL MANAGEMENT ELEMENT—Adoption Final 6/13/17 OBJECTIVE 2.1: [Revised text, page 6] *** *** *** *** *** text break *** *** *** *** *** a. All new development and re-development projects shall meet 150% of the water quality volumetric requirements of Section 4.2.1(a) of the Environmental Resource Permit Applicant's Handbook Volume 11 for use within the Geographic Limits of the South Florida Water Management District (2014), or its successor, in effect at the time of project approval, and the retention and detention requirements, and the allowable off-site discharge rates required by Stormwater Management Sub Element Policy 6.2 and 6.3, respectively provided in the Code of Laws and Ordinances; *** *** *** *** *** text break *** *** *** *** *** d. All development located within areas identified on Figure 1 shall be evaluated 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 . . .. ,, 119 ._ ._ • , - Management Policy and provided basin dclin etions where special p ak discharge rates have Management Plans as provided in the Code of Laws and Ordinances. *** *** *** *** *** text break *** *** *** *** *** Policy 2.3.6.b: [Revised text, page 9] b. Excluding single family homes, any project impacting five (5) acres or more of wetlands shall provide... *** *** *** *** *** text break *** *** *** *** *** Policy 3.1.4: [Revised text, page 11] Wellhead protection areas identified on the Future Land Use Map Series shall be protected as follows: 1. Wellhead protection areas slaafl consist of four (4) Wellfield Risk Management Zones defined as follows: a) Zone W-1 is the land area surrounding the identified potable water wellfield wellheads and extends to the five percent (5%) ground water capture zone boundary line (which approximates the one (1) year ground water travel time to the wellfield). b) Zone W-2 is the land area between the W-1 boundary line and the ten percent (10%)ground water capture zone boundary line (which approximates the two (2) year ground water travel time to the potable water wellfield). c) Zone W-3 is the land area between the W-2 boundary line and the twenty-five percent (25%) ground water capture zone boundary line (which approximates the five (5)year ground water travel time to the potable water wellfield). d) Zone W-4 is the land area between the W-3 boundary line and the 4-89 one-hundred percent (100%) ground water capture zone boundary line (which approximates the twenty (20) 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;are prohibited in all wellfield risk management zones. b) Future solid waste transfer stations; are prohibited in zones W-1, W-2, and W-3. FINAL Words underlined are added;words struck through are deleted. 2 Staff Proposed GMP Amendments CONSERVATION&COASTAL MANAGEMENT ELEMENT—Adoption Final 6/13/17 c) Future solid waste storage, collection, and recycling storing hazardous products and hazardous wastes;are prohibited in zones W-1, W-2, and W-3. d) Future non-residential uses involving hazardous products in quantities exceeding 250 liquid gallons or 1,000 pounds of solids; must provide for absorption or secondary containment in zones W-1, W-2, and W-3. e) Future domestic wastewater treatment plants;are prohibited in zone W-1. f) Future land disposal systems; must meet high level disinfection standards as found in Title 40 CFR part 135. g) Land application of domestic residuals; are required to limit metal concentrations; nitrogen based on uptake ability of vegetation), and require a GConditional eUse. h) Future petroleum exploration and production and expansions of existing; activities are prohibited in zones W-1 and W-2, and require a eConditional uUse required in zones 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 are required to meet all construction and operating standards contained in 64E-10, F.A.C. as the rule existed on August 31, 1999 and shall to implement a ground water monitoring plan. 3. Conditional uses referenced within this pPolicy... *** *** *** *** *** text break *** *** * * *** *** Policy 3.3.2: [Revised text, page 13] Collier County shall use its three-dimensional computer model to calculate the actual "cones of depression" around the County's existing potable water wellfields. After at least 15 days publication of the maps of the proposed "zones of protection"for each such wellfield before each hearing by the EAC, Planning Commission and the Board of County Commissioners, the County shall then amend the appropriate elements of this Growth Management Plan to show such "cones of depression" as "zones of protection" within the Countywide Future Land Use Map Series. *** *** *** *** *** text break *** *** *** *** *** OBJECTIVE 4.2: [Revised text, page 14] Continue to promote conservation of Collier County's potable water supply and will continue to develop, implement and refine a comprehensive conservation strategy through the Collier County Water-Sewer District and the Collier County Water and Wastewater Authority, which will-identify identifies specific goals for reducing per capita potable water consumption. *** *** *** *** *** text break *** *** *** *** *** OBJECTIVE 5.4: [Revised text, page 16] The County shall m Maintain its the County's program to control soil erosion through its regulations identifying criteria to control and reduce soil erosion and sediment transport from construction and other nonagricultural land disturbing activities. *** *** *** *** *** text break *** *** *** *** *** FINAL Words underlined are added;words strusl-#hrough are deleted. 3 page 3 o Staff Proposed GMP Amendments CONSERVATION&COASTAL MANAGEMENT ELEMENT—Adoption Final 6/13/17 GOAL 6: [Reference text only, page 16] TO IDENTIFY, PROTECT, CONSERVE AND APPROPRIATELY USE THE COUNTY'S NATIVE VEGETATIVE COMMUNITIES AND WILDLIFE HABITAT. OBJECTIVE 6.1: [Revised text, page 16] Protect native vegetative communities through the application of minimum preservation requirements. (The 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: For the County's Urban Designated Area... pursuant to pPolicies supporting Objective 2.1 of this Element. ... *** *** *** *** *** text break *** *** *** *** *** [Revised text, page 17] (1) For the purpose of this pPolicy, ...specified in this pPolicy... (2) The preservation of... (3) Areas that fulfill the native vegetation retention standards and criteria of this pPolicy shall be set aside... consistent with the requirements of this pPolicy. (4) Selection of native vegetation to be... a. Wetland or upland areas... the requirements of Policy 7.1.1 and 7.1.2 of this eElement. *** *** *** *** *** text break *** *** *** *** *** [Revised text, page 18] (5) The uses allowable within preserve areas are limited to: a. ...standards that implement this pPolicy shall be... b. ...according to the pPolicies associated with Objective 7.1. *** *** *** *** *** text break *** *** *** *** *** Policy 6.1.2: *** *** *** *** *** text break *** *** *** *** *** [Revised text, page 22] (1) For the purpose of this pPolicy... specified in this pPolicy... *** *** *** *** *** text break *** *** *** *** *** [Revised text, page 22] (3) Areas that fulfill ...the native vegetation retention standards and criteria of this pPolicy... consistent with ...the requirements of this pPolicy. ... (4) a. ...the requirements of Policy 7.1.1 and 7.1.2 of this eElement. (5) b. ...according to the pPolicies associated with Objective 7.1... *** *** *** *** *** text break *** *** *** *** *** [Revised text, page 23] (8) ...required in this pPolicy... (10) ...pursuant to Policy 6.5.2 of this eElement. ...in CCME Objective 6.5 of this eElement. FINAL Words underlined are added;words stip are deleted. 4 Page Staff Proposed GMP Amendments CONSERVATION&COASTAL MANAGEMENT ELEMENT—Adoption Final 6/13/17 *** *** *** *** *** text break *** *** *** *** *** Policy 6.1.5: [Revised text, page 24] ...in Policies 6.1.1, and 6.1.2 of this eElement... ...the requirements of Policy 6.1.1 and 6.1.2 of this eElement... *** *** *** *** *** text break *** *** *** *** *** Policy 6.1.9: [Revised text, page 25] ...the pPolicies supporting Objective 6.1. OBJECTIVE 6.2: ...the appropriate pPolicies under Goal 6. (The County's wetland protection policies and strategies shall be are coordinated with the Watershed Management Plans as required by Objective 2.1 of this Element.) *** *** *** *** *** text break *** *** *** *** *** Policy 6.2.3: [Revised text, page 26] Collier County shall implement a comprehensive process to ensure wetlands and the natural functions of wetlands are protected and conserved. This wetland preservation and conservation process shall be coordinated with the Watershed Management Plan process, as referenced in Objective 2.1 of this Element. However, the process outlined within this Policy is primarily based on directing concentrated population growth and intensive development away from large interconnected wetland systems. These wetland systems have been identified based on their type, values, functions, sizes, conditions and locations within Collier County. These systems predominantly occur east of the County's Urban boundary, as delineated on the Countywide Future Land Use Map (FLUM), within the Future Land Use Element (FLUE). Many of these wetlands fall within public lands or land targeted for acquisition. High quality wetlands systems located on private property are primarily protected through native vegetation preservation requirements, or through existing PUD commitments, conservation easements, or Stewardship Sending Area Designations, or via the NRPA or Sending designations within the Rural Fringe Mixed Use District or land/easement acquisition, or innovative landowner incentives. Protection measures for wetlands and wetland systems located within the northeastern portion of Collier County, excluding the community of Immokalee, are contained in the Rural Lands Stewardship Area Overlay (RLSA Overlay) of the FLUE (and as depicted on the FLUM). Protection measures for wetlands and wetland systems located within the Urban and Estates designated areas of the County shall be based upon the jurisdictional determinations made by the applicable state or federal agency. Where permits issued by such state or federal agencies allow for impacts to wetlands within Urban and Estates designated areas and require mitigation for such impacts, the permitting agency's mitigation requirements shall be deemed to preserve and protect wetlands and their functions, except for wetlands that are part of a Watershed Management Plan preserve area. The County shall direct impacts away from such wetlands. The large connected wetland systems that exist at the landscape scale in Collier County shall be protected through various Land Use Designations and Overlays that restrict higher intensity land uses and require specific land development standards for the remaining allowable land uses. Collier County shall direct incompatible land uses away from these large landscape scale wetland systems through implementation of the following protection and conservation mechanisms: *** *** *** *** *** text break *** *** *** *** *** (2) Big Cypress Area of Critical State Concern (ACSC) Overlay Best available data indicates that seventy-four percent (74%1 of the County's wetlands are within the Big Cypress Area of Critical State Concern Overlay. The land development regulations contained in the ACSC Overlay, as depicted on the Countywide Future Land Use Map, provide standards that facilitate the goal of directing higher intensity land uses away from wetland systems. The development standards FINAL Words underlined are added;words struck through are deleted. 5 Page 5 of I 9— Staff Proposed GMP Amendments CONSERVATION&COASTAL MANAGEMENT ELEMENT—Adoption Final 6/13/17 for the ACSC Overlay (Reference FLUE Land Use Designation Section V) specify that site alterations shall be limited to ten percent (10%) of the total site, except as provided by Agreement pursuant to Chapter 380.032(3), F.S. The majority of the land contained within the ACSC is also within the Conservation Designation and thus is subject to the land use limitations of that Land Use Designation. *** *** *** *** *** text break *** *** *** *** *** Policy 6.2.5: [Revised text, page 29] ...of Policy 6.1.2 of this eElement... This pPolicy shall be implemented... (1) ...of Policy 6.1.2 of this eElement... a. The acreage requirements of Policy 6.1.2 of this eElement shall be met be y preserving... ...in paragraph (2) of this pPolicy. ...This pPolicy is... ...by Policy 6.1.2 of this eElement. ...by Policy 6.1.2 of this eElement. *** *** *** *** *** text break *** *** *** *** *** (3) ...of paragraph (6) of this pPolicy. (4) ...within Policy 6.2.7 of this eElement. *** *** *** *** *** text break *** *** *** *** *** [Revised text, page 31] (6)a.4. ...with paragraphs (6)a.1, (6)a.2, and (6)a.3 of this pPolicy ...with this pPolicy... (6)a.5. ...the requirements of Policy 6.2.7 of this eElement. *** *** *** *** *** text break *** *** *** *** *** Policy 6.2.6 [Revised text, page 31] ...in Policy 6.2.5(5)d of this eElement... Policy 6.2.7: [Revised text, page 32] ...This pPolicy shall be implemented as follows: (2) ...pursuant to pPolicies supporting Objective 2.1 of this Element... (3) ...pursuant to pPolicies supporting Objective 2.1 of this Element... *** *** *** *** *** text break *** *** *** *** *** Policy 6.2.9: [Revised text, page 33] ...the pPolicies supporting Objective 6.2. OBJECTIVE 6.3: [Revised text, page 33] The County shall p Protect and conserve submerged marine habitats. *** *** *** *** *** text break *** *** *** *** *** OBJECTIVE 6.4: [Revised text, page 33] The County will p Protect, conserve and appropriately use ecological communities shared with or tangential to State and Federal lands and other local governments. *** *** *** *** *** text break *** *** *** *** *** OBJECTIVE 6.5: [Revised text, page 33] The County shall p Protect natural reservations from the impact of surrounding development. For the purpose of this Objective and its related pPolicies:i natural reservations shall include only Natural Resource Protection Areas(NRPAs)and designated Conservation Lands on the Future Land Use Map_; and, development shall Such development includes all projects except for permitting and construction FINAL Words underlined are added;words-struck through are deleted. 6 Page (0 of 12- , Staff Proposed GMP Amendments CONSERVATION&COASTAL MANAGEMENT ELEMENT—Adoption Final 6/13/17 of single-family dwelling units situated on individual lots or parcels. This Objective and its Policies&hall apply only to the Rural Fringe Mixed Use dDistrict [except as noted in Policy 6.5.3 below'. *** *** *** *** *** text break *** *** *** *** *** Policy 6.5.2: [Revised text, page 34] The following criteria shall apply to development contiguous to natural reservations in order to reduce negative impacts to the natural reservations: (1) d. ...in Policy 6.1.1 and 6.1.2 of this eElement. *** *** *** *** *** text break *** *** *** *** *** (3) Within the Rural Fringe Mixed Use District, ...as specified in Section 4.2.2(b), of the Environmental Resource Permit Applicant's Handbook Volume II for use within the Geographic Limits of the South Florida Water Management District(2014), or its successor. (4) Proposed development ...projects shall be designed in accordance with Sections 3.10, 10.2.2.4 of the Environmental Resource Permit Applicant's Handbook Volume I, and Sections 3.11 and 3.12 of the Environmental Resource Permit Applicant's Handbook Volume 11 for use within the Geographic Limits of the South Florida Water Management District(2014), or its successor. *** *** *** *** *** text break *** *** *** *** *** GOAL 7: TO PROTECT AND CONSERVE THE COUNTY'S FISHERIES AND WILDLIFE. OBJECTIVE 7.1: [Reference text only, page 36] Direct incompatible land uses away from listed animal species and their habitats... Policy 7.1.1: [Revised text, page 36] *** *** *** *** *** text break *** *** *** *** *** (6) All other pPolicies supporting Objective 7.1 of this eElement. Policy 7.1.2: [Revised text, page 37] *** *** *** *** *** text break *** *** *** *** *** (2) Wildlife habitat management plans for listed species and for those protected species identified below shall be submitted for County approval. A plan shall be required for all projects where the wildlife survey indicated indicates listed species or the protected species identified below 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. Management plans for new preserves shall also outline a public awareness program to educate residents about the on-site preserve and the need to maintain habitat within the preserve for listed species and those protected species identified below. (a) Management plans for new preserves shall incorporate proper techniques to protect listed species, and those protected species identified below, 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. *** *** *** *** *** text break *** *** *** *** *** FINAL Words underlined are added;words struck ough are deleted. 7 Page._of�,� - Staff Proposed GMP Amendments CONSERVATION&COASTAL MANAGEMENT ELEMENT—Adoption Final 6/13/17 (2)(a)2. ...subject to the provisions of paragraph (3) of this pPolicy. 3. ...contained in Policy 6.1.1 and Policy 6.1.2 of this eElement. The County shall also consider the recommendations of other agencies, subject to the provisions of paragraph (3) of this pPolicy. (b) For parcels containing gopher tortoises (Gopherus polyphemus), priority shall be given habitat management plans are required and shall give priority 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 plans for the Florida scrub jay (Aphelocoma coerulescens) are required and shall -- e " e -- -- -- -- -- - ' - •' - ' -- -- . - •-- -- " - - 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. -- _ _ _ _ _ e- __ _ ___ _ _ _ ___ _ __ _ _ 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 are required and 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 plans are required and 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 are required and shall require that garbage be placed in bear-proof containers, at one or more central locations bear-resistant containers where such containers are available and accepted for use by Collier County, or containers stored in locations not easily accessible to bears. The management plan shall also identify methods to inform local residents of the concerns related to interaction between black bears and humans. (g) For projects located in Priority I and Priority II Panther Habitat areas, the management plans are required and shall discourage the destruction of undisturbed, native habitats that are preferred by the Florida panther (Felis conco/or 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 shsistent with the UFWS ... 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 FINAL Words underlined are added;words&truck through are deleted. 8 Page of!2- Staff Proposed GMP Amendments CONSERVATION&COASTAL MANAGEMENT ELEMENT—Adoption Final 6/13/17 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). *** *** *** *** *** text break *** *** *** *** *** Policy 7.2.2: [Revised text, page 40] ...of Policies 6.3.1, 6.3.2 and 6.3.3 of this eElement. *** *** *** *** *** text break *** *** *** *** *** OBJECTIVE 10.1: [Revised text, page 43] Priorities for Give priority to water dependent shoreline land uses shall be given to water dependent uses over water related shoreline land uses, and shall be based on type of water-dependent use, adjacent land use, and surrounding marine and upland habitat considerations. ... *** *** *** *** *** text break *** *** *** *** *** Policy 10.1.6: [Revised text, page 44] *** *** *** *** *** text break *** *** *** *** *** OBJECTIVE 10.3: [Reference text only, page 45] Maintain undeveloped 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. *** *** *** *** *** text break *** *** *** *** *** Policy 10.3.15: [Revised text, page 46] All new development proposed on undeveloped coastal barrier systems shall be reviewed through the County's existing "Special Treatment" ("ST") zoning overlay district. Objective 10.3 and its accompanying policies shall serve as criteria for such review. Development on undeveloped coastal barrier islands within the Special Treatment" ("ST") zoning overlay district shall be reviewed through criteria established in the land development regulations. Applicable Policies under Goal 10 will be used in developing such criteria. *** *** *** *** *** text break *** *** *** *** *** Policy 10.4.3: [Revised text, page 47] ...Implementation of this pPolicy will be... *** *** *** *** *** text break *** *** *** *** *** OBJECTIVE 10.5: [Revised text, page 48] For undeveloped shorelines, pProvide improved opportunities for recreational, educational, scientific, and aesthetic enjoyment of coastal resources for undeveloped shorelines.- This shall be accomplished by protecting beaches and dunes and by... Policy 10.5.1: Passive Rrecreation that is compatible with the natural functions of beaches and dunes is shall be regarded as the highest and best land use. FINAL Words underlined are added;words-struck through are deleted. 9 Page 9 of 2- Staff Proposed GMP Amendments CONSERVATION&COASTAL MANAGEMENT ELEMENT—Adoption Final 6/13/17 Policy 10.5.2: The County shall pPrioritize acquisition efforts in order to meet the projected need for additional public beaches. Policy 10.5.3: The County shall pProhibit activities which would result in man induced shoreline erosion beyond the natural beach erosion cycle or that would deteriorate the beach dune system. Policy 10.5.4: The County shall not allow Prohibit construction of any structure seaward of the Coastal Construction Setback Line. Exceptions may be allowed for passive recreational structures, access crossovers, and where enforcement would not allow any reasonable economic utilization of such property. In the latter event, a construction that shall minimizes interference with natural functions of such beaches and dunes. *** *** *** *** *** text break *** *** *** *** *** Policy 10.5.6: [Revised text, page 49] The County shall rRegulate activities so that they will not threaten the stability of the dunes or the beach itself. Policy 10.5.7: The County shall pPursue the acquisition of undeveloped beaches and dunes as the first alternative to development. Policy 10.5.8: The County shall pProhibit shoreline armoring processes and encourage non-structural methods for stabilizing beaches and dunes. Policy 10.5.9: The County shall pProhibit construction seaward of the Coastal Construction Setback Line except as follows: a. Construction will be allowed for public access; b. For protection and restoration of beach resources; c. In cases of demonstrated land use related hardship or safety concerns as specified in The 1985 Florida Coastal Zone Protection Act, there shall be no shore armoring allowed except in cases of public safety. *** *** *** *** *** text break *** *** *** *** *** Policy 10.5.12: [Revised text, page 49] For all b Beach front land development related projects shall require dune stabilization and restoration improvements, the removal of exotic vegetation, and replacement with native vegetation, as appropriate. *** *** *** *** *** text break *** *** *** *** *** Policy 10.6.1: [Revised text, page 50] ...applicable ePolicies supporting Objectives 10.1, 10.2, 10.3, 10.4, and 10.5 above... *** *** *** *** *** text break *** *** *** *** *** [Revised text, page 50] 6. The requirements of this ePolicy... FINAL Words underlined are added;words struck through are deleted. 10 Page_of, Staff Proposed GMP Amendments CONSERVATION&COASTAL MANAGEMENT ELEMENT—Adoption Final 6/13/17 *** *** *** *** *** text break *** *** *** *** *** Policy 11.1.1: [Revised text, page 50] Continue in effect r Regulations regarding development and other land alteration activities that shall continue to ensure the conservation, sensitive re-use, preservation of significant historic and archaeological resources, or appropriate mitigation in accordance with State standards. *** *** *** *** *** text break *** *** *** *** *** OBJECTIVE 12.1: [Revised text, page 51] Maintain hurricane evacuation clearance times as required by state law. An evacuation clearance time shall be is 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 this eObjective, for future mobile home developments located outside of the storm surge zone, such development aha-I4 is to include on-site sheltering or retro-fitting of an adjacent facility. The Collier County Bureau of Emergency Services shah continues to seek opportunities to increase shelter facilities and associated capacities under the direction of the Department of the Florida Division of Emergency Management. *** *** *** *** *** text break *** *** *** *** *** Policy 12.1.4: [Revised text, page 52] The County shall Vie-#o maintain hurricane shelter requirements and standards for all new mobile home parks and mobile home subdivisions, or existing mobile home parks and mobile home subdivisions in the process of expanding, which accommodate or contain twenty-six(26)units or more. Such mobile home parks or mobile home subdivisions shall be required to provide emergency shelter space on-site, or to provide funding to enhance one or more existing public shelters off-site. The building which provides the on-site shelter space (if this option is chosen) will be of such a size as to provide shelter to park or subdivision residents at the rate of twenty (20) square feet per person. For the purposes of this pPolicy, the size of the on-site shelter structure shall be determined by estimating the park or subdivision population during the June-November time frame, based upon methodologies utilized by the Collier County Emergency Management Department Bureau of Emergency Services. *** *** *** *** *** text break *** *** *** *** *** Policy 12.1.8: [Revised text, page 53] The Countys land development regulations shall include mitigation policies addressing flood plains, beach and dune alteration and storm water management. *** *** *** *** *** text break *** *** *** *** *** Policy 12.1.14: [Revised text, page 53] All new nursing homes and assisted living facilities that are licensed 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 2014). Additionally, this area shall be capable of ventilation or air conditioning provided by back-up generator for a period of no less than seventy-two 172) hours. *** *** *** *** *** text break *** *** *** *** *** OBJECTIVE 12.2: [Revised text, page 54] 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 affects from hurricanes, flooding, natural and technological disaster events. Best practice efforts may include, but are not limited to: *** *** *** *** *** text break *** *** *** *** *** FINAL Words underlined are added;words stFusk-threugh are deleted. 11 Page..u.._a'f Staff Proposed GMP Amendments CONSERVATION&COASTAL MANAGEMENT ELEMENT—Adoption Final 6/13/17 Policy 12.3.1: [Revised text, page 55] The Comprehensive Emergency Management Plan shall comply with the °Policies under this °Objective, and shall contain step-by-step details for post disaster recovery. *** *** *** *** *** text break *** *** *** *** *** Policy 12.3.3: [Revised text, page 55] The Recovery Task Force shall include the Sheriff, the Growth Management Department Head, the Land Development Services Zoning Director,the Bureau of Emergency Services Director and other members as directed by the Board of County Commissioners, such as representatives from municipalities within the County that have received damage from a storm. *** *** *** *** *** text break *** *** *** *** *** OBJECTIVE 12.4: [Revised text, page 56] Make every reasonable effort to meet the emergency preparedness requirements of Persons with Special Needs 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 Bureau of Emergency Services, in coordination with the County Health Department and other officials, shall opens and operates 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 are not necescarily be limited to, respirators, oxygen tanks, first aid equipment, disaster cots and blankets, and defibrillators. PLEASE NOTE: Approval of amendments to this Element is intended to confer the Board's consent to make similar and related changes in references or cross-references to Objectives, Policies and other formal terms where re-formatting creates new or re-numbers Objectives, Policies and terms, wherever they appear—within and between Elements—as appropriate to maximize internal consistency. Approval is also intended to confer the Board's consent to make similar and related changes to un-adopted portions of the document. FINAL Words underlined are added;words ugh are deleted. 12 Page„I -.of 12. it 7.64-1.7-7%-\\ (iv - cl'A FLORIDA DEPARTMENT Of STATE r._ RICK SCOTT KEN DETZNER Governor Secretary of State June 20, 2017 Honorable Dwight E. Brock Clerk of the Circuit Court Collier County Post Office Box 413044 Naples, Florida 34101-3044 Attention: Martha Vergara, 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. 17-20, which was filed in this office on June 20, 2017. Sincerely, Ernest L. Reddick Program Administrator ELR/lb R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250 Telephone: (850) 245-6270 www.dos.state.fl.us