Ordinance 2019-29 ORDINANCE NO. 19- 2 9
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 SOLID WASTE SUB-ELEMENT OF THE
PUBLIC FACILITIES 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 Solid Waste 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 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
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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 SOLID WASTE SUB-
ELEMENT OF THE PUBLIC FACILITIES ELEMENT OF THE
GROWTH MANAGEMENT PLAN
The amendment to the Solid Waste 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.
[18-CMP-01009/1496084/1]419 Page 2
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PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida this c,,?Lt4tday of Sep-i- , 2019.
ATTEST:,, "‘p BOARD OF -•UNTY COMMISSIONERS
CRY TAL•IC:KINAtEL, CLERK CULL ' ORIDA
•
testas t, �'� '-.`��' Clerk 'illiam L. McDaniel, Jr., Chairman
signature gdjt°"
Approved as to form and legality:
1 _ . •
He di Ashton-Cicko
Managing Assistant County Attorney
Attachment: Exhibit A—Solid Waste Sub-Element of the Public Facilities Element
This ordinance filed with the
Se story of St te'��OfIce the
day of ""!+ 3Q�e(
and acknowledgemer pj that
filiq� c ived this 1'4.4day
of U
41110L_ wovtr CNAc
[18-CMP-01009/1496084/1]419 Page 3
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Staff Proposed Draft Amendments Golden Gate Area Master Plan—BCC Adoption Draft 20180000261/CPSP-2018-2
EXHIBIT "A"
PUBLIC FACILITIES ELEMENT
Solid Waste Disposal Sub-Element
(Adopted October 1997, amended through December 12, 2017 by Ordinance no. 2017-48)
GOAL: [pg. 2]
TO PROVIDE AN EFFICIENT AND ECONOMICAL BALANCE OF PUBLIC AND PRIVATE
SERVICES THAT WILL ENABLE THE PEOPLE OF COLLIER COUNTY TO MEET THE
ESTABLISHED REQUIREMENTS FOR SOLID WASTE DISPOSAL AND MANAGEMENT IN A
MANNER THAT ASSURES PUBLIC HEALTH AND SAFETY AND PROTECTS THE
ENVIRONMENTAL RESOURCES OF COLLIER COUNTY.
*** *** *** *** *** *** *** *** *** *** ***
OBJECTIVE 2: (DISPOSAL) [pg. 16]
Utilize safe and efficient methods for environmentally sound disposal of solid waste in accordance
with local, State and Federal regulations and investigate improved methods and implement
practices that meet this Objective.
*** *** *** *** *** *** *** *** *** *** ***
Policy 2.15: [pg. 16]
The County shall continue to pursue a best management practices approach to making septage
treatment available to residents and businesses within Golden Gate Estates, as a component of
bio-solid processing, either directly, through a private entity, or through a public private
partnership.
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. 19-29, which was filed in this office on October 1, 2019.
Sincerely,
Ernest L. Reddick
Program Administrator
ELR/Ib
R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250
Telephone: (850) 245-6270
www.dos.state.fl.us