Ordinance 2019-28 ORDINANCE NO. 19- 2 8
AN ORDINANCE AMENDING ORDINANCE 89-05, AS
AMENDED, THE COLLIER COUNTY GROWTH
MANAGEMENT PLAN OF THE UNINCORPORATED AREA OF
COLLIER COUNTY, FLORIDA, RELATING TO THE GOLDEN
GATE AREA MASTER PLAN RESTUDY SPECIFICALLY
AMENDING THE CONSERVATION AND COASTAL
MANAGEMENT ELEMENT; DIRECTING TRANSMITTAL OF
THE ADOPTED AMENDMENT TO THE FLORIDA
DEPARTMENT OF ECONOMIC OPPORTUNITY; PROVIDING
FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE
DATE. [PL20180000261]
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 March 19, 2019, 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 these amendment, including the following: the Collier County
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
[18-CMP-01009/1498753/1]420 Page 1
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hearings of the Collier County Planning Commission held on June 6, 2019 and July 18, 2019,
and the Collier County Board of County Commissioners held on September 24, 2019; 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.
[18-CMP-01009/1498753/1]420 Page 2
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PASSED AND DULY ADO TED by the Board of County Commissioners of Collier
County, Florida this ,- / `day of "jp ,,.1)e,r— , 2019.
ATTEST: BOARD O' •! :• Y COMMISSIONERS
CRYSTAL K. I JNZEL, CLERK C LL E' !�I TY, ►•RI
BY: / "'r �,
►i
r , ,Y, Clerk William L. McDaniel, Jr., Chairman
"- 1 , "1'14 as �'s
-,. $lgnaili on y
Ap roved as to form and legality:
J_2114 A CX0
H idi Ashton-Cicko
Managing Assistant County Attorney
Attachment: Exhibit A–Conservation and Coastal Management Element
This ordinance filed with the
!glary of Stat 's Office the tn-
day of at `7
and acknowledgement Y
o�fi�Cthi da
y i �`
pk,�y CNAc
[18-CMP-01009/1498753/1]420 Page 3
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9/19/19
Staff Proposed Draft Amendments Golden Gate Area Master Plan—BCC Adoption Draft 20180000261/CPSP-2018-2
EXHIBIT "A"
Conservation and Coastal Management Element
(Adopted October 1997, amended through December 12, 2017 by Ordinance no. 2017-48)
GOAL 6: [pg. 16]
TO IDENTIFY, PROTECT, CONSERVE AND APPROPRIATELY USE NATIVE VEGETATIVE
COMMUNITIES AND WILDLIFE HABITAT.
OBJECTIVE 6.1 [pg. 16]
Protect native vegetative communities through the application of minimum preservation
requirements. (The Policies under this Objective 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 [pg. 16]
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 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 property in Golden Gate Estates and designated
Residential Estates in the Golden Gate Area Master Plan, the subdivision of parcels up to 13
acres in size into single family lots shall be treated as single family dwelling units under the
preceding sentence. 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 2013, 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.)
Words underlined are added; words struck through.are deleted.
Row of asterisks (**** **** ****) denotes break in text.
8/12/19 Page 1 of 1
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FLORIDA DEPARTMENT Of STATE
RON DESANTIS LAUREL M.LEE
Governor Secretary of State
October 1, 2019
Ms. Teresa Cannon, BMR Senior Clerk II
Office of the Clerk of the Circuit Court
&Comptroller of Collier County
3299 Tamiami Trail, Suite#401
Naples,Florida 34112-5324
Dear Ms. Cannon:
Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your
electronic copy of Collier County Ordinance No. 19-28, which was filed in this office on October 1, 2019.
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