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Ordinance 2017-24 ORDINANCE NO. 17- 24 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 STORMWATER MANAGEMENT SUB-ELEMENT OF THE PUBLIC FACILITIES 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-2013-111 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 Stormwater Management Sub- Element of the Public Facilities 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 [15-CMP-00954/1336442/1]422 Page 1 PL20130002637/CPSP-2013-11 5/2/17 Staff Report, the documents entitled Collier County Growth Management Plan Amendment 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 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 STORMWATER MANAGEMENT SUB-ELEMENT OF THE PUBLIC FACILITIES ELEMENT OF THE GROWTH MANAGEMENT PLAN The amendment to the Stormwater Management Sub-Element of the Public Facilities 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-00954/1336442/1]422 Page 2 PL20130002637/CPSP-2013-11 5/2/17 �Po PASSED AND D;j...JLY ADOPTED by the Board of County Commissioners of Collier County, Florida this I day of j ,, , 2017. ATTEST:': BOARD OF COUNTY COMMISSIONERS DWIGH 'E : ' "'I ; CLERK COLL E' 1 UNTY, FLORIDA 411, r k • m(j � BY: /1s1L./ �. L ll Dept'tl- . `'' ' PE e • YLOROF.irman Attest as to-Chainnanj- signatura only. App oved as to form and legality: 'eidi Ashton-Cicko 4 Managing Assistant County Attorney Attachment: Exhibit A—Stormwater Management Sub-Element of the Public Facilities Element This ordinance filed with the Secretory of StQte's Office the -.2LIAdoy of , and acknowledgement of that filingeceived this 0 day of U✓v►� o.wNr V 41 [15-CMP-00954/1336442/1]422 Page 3 P L2013000263 7/CPS P-2013-11 5/2/17 (( Staff Proposed GMP Amendments STORMWATER MANAGEMENT SUB-ELEMENT—Adoption Final 6/13/17 PL20130002637/C PS P-2013-11 EXHIBIT "A" PUBLIC FACILITIES ELEMENT STORMWATER MANAGEMENT SUB-ELEMENT (SM) 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 2] 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. *** *** *** *** *** text break *** *** *** *** *** OBJECTIVE 6: [Revised text, page 4] 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 Plan. This objective is made measurable through the following policies: *** *** *** *** *** text break *** *** *** *** *** Policy 6.2: [Revised text, page 5] Collier County's retention and detention criteria shall be one hundred and fifty percent (150%) of the water quality volumetric requirements provided in 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, as it existed at the time of project approval. 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 Code of Laws and Ordinances includes a list of off-site discharge rates by basin. The allowable off site discharge rates are as follows: a- 951 Canal North Basin 0.11 cfs/acrc 19, Airport Road North Canal 0.01 cfs/acrc Sub basin {North of Vanderbilt Beach Road) e Airport Road South Canal 0.06 cfs/acro Sub basin {South of Vanderbilt Beach Road) d C 1 Basin 0.11 cfs/acre e Cocohatchee River Canal Basin 0.04 cfs/acrc Corkscrew Canal Basin 0.01 cfs/acrc g Cypress Canal Basin 0.06 cfs/acrc # Faka Union Canal Basin 0.09 cfs/acrc {North of I 75) I, Gordon River Extension Basin 0.09 cfs/acro FINAL Words underlined are added;words struck through are deleted. 1 Page_ 1 of 2- r`� Staff Proposed GMP Amendments STORMWATER MANAGEMENT SUB-ELEMENT—Adoption Final 6/13/17 } 0.011 etc/acre lc Henderson Creek Basin 0.08 cfs/acre 0.06 cfs/acre Imperial Drainage Outlet Basin 0.12 cfs/acrc n- Island Walk Basin 0.055 cfs/acrc (aka Harvey Basin) e: hely-Canal-Basin 0.06 cfc/acre { Lely Manor Canal Basin 0.06 cfs/acrc 9, Main Golden Gate Canal Basin 0.0/1 cfs/acre palm River Canal Basin 0.13 cfs/acrc & pine Ridge Conal Basin 0.13 cfs/acre t: 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 part of an existing SFWMD permit, which allows discharge rates different than those listed above. 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 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 c. Design rainfall hydrograph f. Depression storage capacity g. Receiving water hydrograph, and the higher off site discharge rate. 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;wordsoug4 are deleted. 2 PageA/ a " FLORIDA DEPARTMENT Of STATE 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. 17-24, which was filed in this office on June 20, 2017. Sincerely, Ernest L. Reddick Program Administrator ELR/1b R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250 Telephone: (850) 245-6270 www.dos.state.fl.us