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Ordinance 2007-15 '",y .. J'\ T fEB 2007 ~ECENm ORDINANCE NO. 07-~ AN ORDINANCE AMENDING ORDINANCE NUMBER 89- 05, AS AMENDED, THE COLLIER COUNTY GROWTH MANAGEMENT PLAN FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE RECREATION AND OPEN SPACE ELEMENT; BY PROVIDING FOR SEVERABILITY; AND BY PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Board of County Commissioners adopted the Collier County Growth Management Plan on January 10, 1989; and WHEREAS, Collier County has held public hearings to provide for and encourage public participation throughout the 2006-07 plan amendment process; and WHEREAS, Collier County did submit the 2006-07 Growth Management Plan Amendments to the Department of Community Affairs for preliminary review on May 26, 2006; and WHEREAS, the Department of Community Affairs did review and did not make written objections to the RECREATION AND OPEN SPACE ELEMENT Amendments to the Growth Management Plan and transmitted the same in writing to Collier County within the time provided by law; and WHEREAS, Collier County has 120 days from receipt of the written objections from the Department of Community Affairs to adopt, adopt with changes or not adopt the proposed RECREATION AND OPEN SPACE ELEMENT Amendments to the Growth Management Plan; and WHEREAS, the Board of County Commissioners of Collier County did take action in the manner prescribed by law and did hold public hearings concerning the adoption of the RECREATION AND OPEN SPACE ELEMENT Amendments to the Growth Management Plan on January 25,2007; and WHEREAS, all applicable substantive and procedural requirements of law have been met; and NOW, THEREFORE, BE IT ORDAINED 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. This Ordinance as described herein, shall be known as the RECREATION AND OPEN SPACE ELEMENT Amendments to the Growth Management Plan for Collier County, Florida. The Collier County Growth Management Plan RECREATION AND OPEN SPACE ELEMENT Amendment is attached hereto as Exhibit A and incorporated herein by reference. 1 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 Amendment to the RECREATION AND OPEN SPACE ELEMENT shall be the date a final order is issued by the Department of Community Affairs or Administration Commission finding the Element in compliance in accordance with Section 163.3184, Florida Statutes, whichever occurs earlier. No development orders, development permits, or land uses dependent on this Element may be issued or commence 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 Department of Community Affairs, Bureau of Local Planning, 2555 Shumard Oaks Blvd., 3rd Floor, Tallahassee, Florida 32399-2100. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County this 25th day of January. 2007. ATTEST ,..~ "'. , ~i"" : " ',' \.' "', .. .DWI HJ::.:...~....::B.tJ'lO,H99.~K... IC CLLERK , ." lU1e~uJ ~/ y. "., ~ DeputY~'_~$ <to Ch4 i~ s sl\,)n. tur. oo~lll ~" ,,' -'JA ",',', '." .' APPROVED 'AS'TO FORM AND LEGAL SUFFICIENCY: ~dRl~LM~T~~G~~ ASSISTANT COUNTY ATTORNEY BOARD OF COUNTY COMMISSIONERS COLLIER COUN:r;y, FLO IDA BY: JAMES-cOL 2007 RECREATION AND OPEN SPACE ELEMENT This ordinance filed with the Secretory of Stat~ Of~~-\- ~day of n ,-'--- ond cXknowledgement of that fili received ttlis .J..Z- doy of 2 Recreation & Open Space Element As Adopted by Bee 1-30-07 EXHIBIT "A" INTRODUCTION: [New text, page 1] Chapter 163.3177(6)(e). Florida Statutes. requires each local government comprehensive plan to have "A recreation and open space element indicating a comprehensive system of public and private sites for recreation. including. but not limited to. natural reservations. parks and playgrounds. parkways. beaches and public access to beaches. open spaces. and other recreational facilities." However. Chapter 91-5.014. Florida Administrative Code. which formerly contained the Florida Department of Community Affairs' "Minimum Standards" for review of local Recreation and Open Space Elements. has been deleted. Thus. while the Recreation and Open Space Element remains a requirement for local comprehensive plans in the State of Florida. the format and contents of such an Element may be tailored to local needs. provided that the intent of the Statute is met. This Recreation and Open Space Element was recently updated. as recommended by the Community Character/ Smart Growth Advisory Committee. by Ordinance No. 2003-67. adopted on December 16.2003. to further implement the Collier County Community Character Plan and "Smart Growth" principles. The Recreation and Open Space Element is divided into three sections. each of which is guided by a specific goal. These three sections are: . The general provision of parks. recreation facilities and open space areas for the use and enioyment of Collier County residents and visitors. . The development of a countywide neighborhood park system. . The development of a countywide regional and community park system. Within Collier County government. the responsibility for overseeing the implementation of the above goals is assigned to the Collier County Parks and Recreation Department. which is part of the Public Services Division. Words underlined are added; words struok through are deleted. 1 Recreation & Open Space Element As Adopted by Bee 1-30-07 Goals, Objectives and Policies Recreation & Open Space Element GOAL 1: [No change to text, page 1] Objective 1.1: [No change to text, page 1] Policy 1.1.1: [Revised text, page 1] Collier County hereby adopts +!he following level of service standards for facilities and land owned by the County or available to the general public are adopted: STf..NDARD OF SERVICE LEVEL OF SERVICE STANDARD: A. 1.2882 acres of community park land/I,OOO population (weighted ayeragc, unincorporated) B. 2.9412 acres of regional park land/1,OOO population (weighted average) C. Recreation facilities - Facilities in place, which have a value (as (X) defined) of at least $179.00 $270.00 per capita of population. A Construction Cost Index (CCI) adjustment will be used to determine the construction cost of facilities planned. The CCI that will be used will be the prior year of the County's fiscal year budget. 1. Value will be arrived at using the per unit values for each facility type available in the County, as set forth in Table ,\ the Annual Update and Inventory Report (AUIR), applying the values to the number of each facility type, adding up all values and dividing the total by the County population ('lleighted average). 2. Where recreation facilities provided by other governmental bodies or the private sector are available through arrangement with the County to the public on a convenient basis. they shall be considered in measuring in- place facility value. Policies 1.1.2 through 1.1.4: [No change to text, page 1] Policies 1.1.5 and 1.1.6: [No change to text, page 2] OBJECTIVE 1.2: [No change to text, page 2] Policy 1.2.1: [No change to text, page 2] Words underlined are added; words struck through are deleted. 2 Recreation & Open Space Element As Adopted by Bee 1-30-07 Policy 1.2.2: [Revised text, page 2] Continue to rezone all County o'Nned recreation sites and open space under appropriate recreation zoning. The proper Collier County Zoning District for all County-owned parks and recreational sites shall continue to be p, Public Use. or the equivalent zoning designation within a Planned Unit Development. OBJECTIVE 1.3: [No change to text, page 2] Policy 1.3.1: [Revised text, page 2] All public developed County-owned or managed parks and recreation facilities shall have automobile, bicycle and/or pedestrian access facilities, where the location is appropriate and where such access is economically feasible. Policy 1.3.2: [Revised text, page 2] Collier County shall ~ontinue to ensure that access to beaches, shores and waterways remain~ available to the public-,- Further the County aHd will develop a program to assess the availability of land for the creation of st:l€h new access points. and a method to fund #:s. the necessary land acquisition. OBJECTIVE 1.4: [No change to text, page 2] Policy 1.4.1: [Revised text, page 2] MaiNtain and irnpro'le the existing system which encourages developers to provide recreation sites and/or facilities ',vhich are cONsisteNt with park and recreation guidelines. Through the land development review process. Collier County shall continue to encourage developers to provide recreation sites and/or facilities within residential and mixed use Planned Unit Developments (PUDs). Policy 1.4.2: [Revised text, page 2] Collier County shall continue to coordinate the provision of recreational facilities and activities with other governmental iurisdictions that own or operate such facilities and activities within. or adiacent to. Collier County. Said governmental entities shall include. but not necessarily be limited to: U.S. Department of Commerce, The National Oceanic and Atmospheric Administration U.S. Department of the Interior. The National Park Service The Florida Department of Environmental Protection. Division of Recreation and Parks Words underlined are added; words struok through are deleted. 3 Recreation & Open Space Element As Adopted by Bee 1-30-07 The Florida Department of Agriculture and Consumer Services. Division of Forestry Lee County. Florida Hendry County, Florida Broward County. Florida Dade County. Florida Monroe County. Florida The South Florida Water Management District. Big Cypress Basin Board The Collier County School Board The City of Naples. Florida The City of Marco Island. Florida Everglades City. Florida The City of Bonita Springs. Florida OBJECTIVE 1.5: [Revised text, page 3] Continee to operate existing program for enforcing existing futere developer commitments for recreation facilities and open space. Through the PUD monitoring process. Collier County shall continue to enforce developer commitments for the provision of parks. recreation facilities and open space. Policy 1.5.1: [Revised text, page 3] Continue to inventory nev,' developer recreational facilities commitments as approved. This ifl'lentory will be updated on an aflneal basis. Collier County shall maintain aft a current inventory of recreational facility commitments made by developers through the development review process. This in'ientory '/lill be epdated on an annual basis. Policy 1.5.2: [Revised text, page 3] Collier County shall ~nforce developer commitments of developers for recreational facilities and open spaces through appropriate actions of County agencies. OBJECTIVE 1.6: [No change to text, page 3] Policy 1.6.1: [No change to text, page 3] GOAL 2: [Revised text, page 3] THE COUNTY SHALL DEVELOP PROMOTE A NEIGHBORHOOD PARK SYSTEM TO PROVIDE USABLE OPEN SP,A",CE TO MEET THE RECREA TIONAL NEEDS OF RESIDENTS WITHIN THE COM~{UNITY COUNTY. Words underlined are added; words struok through are deleted. 4 Recreation & Open Space Element As Adopted by Bee 1-30-07 Objeetive OBJECTIVE 2.1:. [Revised text, page 3] By the year 2010, the County Parks and Recreation Department will develop il Neighborhood Park Plan to identify general areas where neighborhoods might request sites for future neighborhood parks. Policy 2.1.1:. [Revised text, page 3] The Parks and Recreation Department will develop a Neighborhood park PlaB and identify those sites or general areas for neighborhood parks on a Neighborhood Park master Plan. This PlaB will be developed by the year 2010 with citizen input to determine the types of recreational facilities particular communities would like to see within their neighborhoods. Policy 2.1.2:. [Revised text, page 3] The COUBty shall amend the LaBd Development Code to include a nevI definitioB of usable open space that will provide for an opeR space area to be used as a neighborhood park for the recreational needs of the surrounding area. The County shall amend the Land Development Code to require the developer of a residential PUD. or a PUD having a residential component. to provide its residents and guests with an open space area that is a suitable for use as a neighborhood park. and that as determined on a case-by-case basis. which is. as required by Policy 5.4 in the Future Land Use Element. compatible with the surrounding development. Policy 2.1.3:. [Revised text, page 4] New neighborhood parks will be carefully sited and intentionally integrated into existing residential neighborhoods, and shall be designed according to the principles of Crime Prevention Through Environmental Design (CPTED). where these principles are appropriate and economically feasible. Neighborhood parks may also be co-located with churches, schools, or other recreational facilities. Policy 2.1.4:. [Revised text, page 4] Policy 2.1.5:. [Revised text, page 4] The County shall encourage the development of pedestrian pathways and bike lanes from the surrounding residential communities to park sites. GOAL 3: [No change to text, page 4] Objeetive OBJECTIVE 3.1:. [Revised text, page 4] Policy 3.1.1:. [Revised text, page 4] Words underlined are added; words struok through are deleted. 5 Recreation & Open Space Element As Adopted by Bee 1-30-07 Policy 3.1.2,;, [Revised text, page 4] The Parks and Recreation Department will be responsible for the design and construction of the all new community and regional parks. Policy 3.1.3,;, [Revised text, page 4] The County shall continue to partner with the Collier County Public Schools to co-locate parks in conjunction with new school sites as tftey such sites are identified and developed and/or to provide County recreational programs at Collier County Public Schools' facilities. Policy 3.1.4,;, [Revised text, page 5] The County shall continue to update the parks and recreation impact fees to keep pace with increased land acquisition and development costs for the establishment of community and regional parks. Policy 3.1.5,;, [Revised text, page 5] The County shall investigate the utilization of tax credits or other incentives fef to encourage property owners v;bo '.vish to dedicate land to the County to meet the recreational needs of community and regional parks. Policy 3.1.6 [Revised text, page 5] The County shall encourage the development of pedestrian pathways and bike lanes from the surrounding residential communities to park sites where general public access can be supported. Policy 3.1.+6: [Revised text, page 5] By the year 2010, the Parks and Recreation Department and the Transportation Operations Department Services Division will investigate the utilization of the existing canal and power line easements to create a green way system throughout within the coastal Urban Designated Area, the Immokalee Urban Designated Area, and Northern Golden Gate Estates (this excludes Conservation designated areas, Agricultural/Rural designated areas, Southern Golden Gate Estates, and the outlying Urban designated areas of Copeland, Port of the Islands, Plantation Island and Chokoloskee). EAR-ROSE Adopted by Bee G: eomprehensive/EAR Amendment Modifications/Bee Adoption Final cs-dw/5-24-06 Words underlined are added; words struok through are deleted. 6 STATE OF FLORIDA) COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true and correct copy of: ORDINANCE 2007-15 Which was adopted by the Board of County Commissioners on the 25th day of January, 2007, during Special Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 2nd day of February, 2007. DWIGHT E. BROCK Clerk of Courts and Clerk Ex-officio to Board of County Commissioners .' ()wA ~~.(.\ By: Ann Jennejohn, Deputy Clerk