Resolution 2021-186 RESOLUTION NO. 2021- 1 8 6
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA,
PROPOSING EVALUATION AND APPRAISAL REVIEW (EAR)
BASED AMENDMENTS TO ORDINANCE NO. 89-05, AS
AMENDED, THE COLLIER COUNTY GROWTH
MANAGEMENT PLAN FOR THE UNINCORPORATED AREA OF
COLLIER COUNTY, FLORIDA, SPECIFICALLY AMENDING
THE CONSERVATION AND COASTAL MANAGEMENT
ELEMENT TO ADDRESS SEA LEVEL RISE, AND UPDATE
NOMENCLATURE, AND FURTHERMORE DIRECTING
TRANSMITTAL OF THE PROPOSED AMENDMENT TO THE
FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY.
[PL20210001271]
WHEREAS, Collier County, pursuant to Section 163.3161, et. seq., Florida Statutes, the
Florida Local Government Comprehensive Planning and Land Development Regulation Act of
1985, 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, Collier County staff has prepared amendments relating to the Conservation
and Coastal Management Element; and
WHEREAS, on August 19, 2021, the Collier County Planning Commission considered
the proposed amendment to the Growth Management Plan pursuant to the authority granted to it
by Section 163.3174, F.S., and has recommended approval of said amendment to the Board of
County Commissioners; and
WHEREAS, on September 14, 2021, the Board of County Commissioners at a public
hearing approved the transmittal of the proposed amendment to the state land planning agency in
accordance with Section 163.3184, F.S.; and
WHEREAS, upon receipt of Collier County's proposed Growth Management Plan
Amendment, various State agencies and the Department of Economic Opportunity (DEO) have
thirty (30) days to review the proposed amendments and DEO must transmit, in writing, to
Collier County its comments within said thirty (30) days pursuant to Section 163.3184, F.S.; and
[21-CMP-01103/1642064/1]27
2021 EAR-sea level rise Words underlined are additions;Words *^u^' gh are deletions.
PL20210001271 *** *** *** *** are a break in text
6/11/21
WHEREAS, Collier County, upon receipt of the written comments from DEO must
adopt, adopt with changes or not adopt the proposed Growth Management Plan Amendment
within one hundred and eighty (180) days of such receipt pursuant to Section 163.3184, F.S.; and
WHEREAS, the DEO, within five (5) days of receipt of Collier County's adopted
Growth Management Plan Amendment, must notify the County of any deficiencies of the Plan
Amendment pursuant to Section 163.3184(3), F.S.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA that:
The Board of County Commissioners hereby approves the proposed Growth Management
Plan Amendment, attached hereto as Exhibit "A" and incorporated by reference herein, for the
purpose of transmittal to the Department of Economic Opportunity and other reviewing agencies
thereby initiating the required State evaluation of the Growth Management Plan Amendment
prior to final adoption.
THIS RESOLUTION ADOPTED after motion, second and majority vote this / 1ek
day of see .! , 2021.
ATTEST: BOARD OF OUNTY COMMISSIONERS
CRYSTAL K. KINZEL,CLERK COLLIER O Y, FLORID
By: - By:
Attest as to Chairman's 'Deu Penny Tayl , Chairman
signature only:
Approved as to form and legality:
CI h
Heidi Ashton-Cicko ?J�e
Managing Assistant County Attorney
Attachment: Exhibit "A"-Text amendments and attachments
[21-CMP-0 1 1 03/1 642064/1]27
2021 EAR-sea level rise Words underlined are additions;Words truc' gh are deletions.
PL20210001271 *** *** *** *** are a break in text
6/11/21
Exhibit A PL20210001271
EXHIBIT A
CONSERVATION AND COASTAL MANAGEMENT ELEMENT
(COME)
[page 1]
I. INTRODUCTION
** *** *** *** *** text break *** *** *** *** ***
In addition to the Conservation Element, Subsection 163.3177(6)(g), Florida Statutes, also
requires certain designated local governments (including Collier County) to have an element of
the local comprehensive plan dealing with coastal management. This Coastal Management
Element must"set forth the policies that shall guide the local government's decisions and program
implementation with respect to the following objectives:"
1. Maintenance, restoration, and enhancement of the overall quality of the coastal zone
environment, including, but not limited to, its amenities and aesthetic values.
2. Continued existence of viable populations of all species of wildlife and marine life.
3. The orderly and balanced utilization and preservation, consistent with sound conservation
principles, of all living and nonliving coastal zone resources.
4. Avoidance of irreversible and irretrievable loss of coastal zone resources.
5. Ecological planning principles and assumptions to be used in the determination of
suitability and extent of permitted development.
6. Proposed management and regulatory techniques.
7. Limitation of public expenditures that subsidize development in high-hazard coastal areas.
8. Protection of human life against the effects of natural disasters.
9. The orderly development, maintenance, and use of ports identified in s. 403.021(9) to
facilitate deepwater commercial navigation and other related activities.
10. Preservation, including sensitive adaptive use of historic and archaeological resources.
11. Development of an adaptation action area designation for those low-lying coastal zones
that are experiencing coastal flooding due to extreme high tides and storm surge and are
vulnerable to the impacts of rising sea level. An adaptation action area may consider
policies within the coastal management element to improve resilience to coastal flooding
resulting from high-tide events, storm surge, flash floods, stormwater runoff, and related
impacts of sea-level rise.
Page 1
Words underlined are added;words struck-through are deleted.
7-16-21R
Exhibit A PL20210001271
[page 2]
The statute further relates the functions of the Conservation and Coastal Elements so that, in
effect, local governments in designated coastal areas, such as Collier County, are required to
prepare a Conservation and Coastal Management Element, which fulfills the requirements for
both Elements. Accordingly, Collier County's Conservation and Coastal Management Element is
divided into thirteen (1-3} (14) separate goal areas. These may be summarized as follows:
1. Protection of natural resources;
2. Protection of surface and estuarine water resources;
3. Protection of groundwater resources;
4. Protection of freshwater resources;
5. Protection of mineral and soil resources;
6. Protection of native vegetation and wildlife habitat;
7. Protection of fisheries and wildlife;
8. Maintenance of existing air quality;
9. Management of hazardous materials and hazardous wastes;
10. Protection of coastal resources;
11. Protection of historic resources;
12. Hurricane evacuation and sheltering;
13. Avoiding duplication of regulations; and
14. Reduction of flood risks that result from high tide events, storm surge, flash floods,
stormwater runoff, and the related impacts of sea level rise.
*** *** *** *** ' text break *** *** *** *** ***
[page 43]
GOAL 10:
TO PROTECT, CONSERVE, MANAGE, AND APPROPRIATELY USE THE COUNTY'S
COASTAL BARRIERS INCLUDING SHORELINES, BEACHES AND DUNES AND PLAN FOR,
AND WHERE APPROPRIATE, RESTRICT ACTIVITIES WHERE SUCH ACTIVITIES WILL
DAMAGE OR DESTROY COASTAL RESOURCES.
*** *** *** *** *** text break *** *** *** *** ***
Page 2
Words underlined are added; words struck-through are deleted.
7-16-21R
Exhibit A PL20210001271
[page 45]
OBJECTIVE 10.3:
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 10.3.6: [page 45]
Prohibit construction of structures seaward of the Coastal Construction Setback Control Line on
undeveloped coastal barriers. Exception shall be for passive recreational structures, access
crossovers, and where enforcement would not allow any reasonable economic utilization of such
property. In the latter event, require construction that minimizes interference with natural function
of such coastal barrier system.
*** *** *** *** *** text break *** *** *** *** ***
[page 46]
OBJECTIVE 10.4:
Restore and then maintain, when appropriate, developed coastal barriers and developed
shorelines, by establishing mechanisms or projects which limit the effects of development and
restores the natural functions of coastal barriers, including beaches and dunes.
*** *** *** *** *** text break *** *** *** *** ***
Policy 10.4.7: [page 47]
Collier County shall prohibit construction seaward of the Coastal Construction Setback Control
Line except where such construction would be permitted pursuant to the provisions of the Florida
Coastal Zone Protection Act of 1985;and the Dennis L. Jones Beach and Shore Preservation Act
of 2012 (Florida Statutes, Chapter 161, Parts I and II), and where such prohibition would result in
no reasonable economic utilization of the property in question, or for safety reasons. In such
cases, construction will be as far landward as is practicable and effects on the beach and dune
system and the natural functions of the coastal barrier system shall be minimized.
Policy 10.4.8: [page 47]
Collier County shall allow construction seaward of the Coastal Construction Setback Control Line
for public access and protection and activities related to restoration of beach resources. Such
construction shall not interfere with sea turtle nesting, will utilize native vegetation for dune
stabilization, will maintain the natural beach profile, will minimize interference with natural beach
dynamics, and, where appropriate, will restore the historical dunes with native vegetation.
*** *** *** *** *** text break *** *** *** *** ***
Page 3
Words underlined are added; words struck-through are deleted.
7-16-21 R
Exhibit A PL20210001271
Policy 10.4.13: [page 48]
Development and redevelopment proposals shall consider the implications of potential rise in sea
level.
*** *** *** *** *** text break *** *** *** *** ***
[page 48]
OBJECTIVE 10.5:
Provide improved opportunities for recreational, educational, scientific, and aesthetic enjoyment
of coastal resources for undeveloped shorelines by protecting beaches and dunes and by utilizing
existing construction standards, or where necessary, establishing new construction standards,
which will minimize the impact of manmade structures on the beach and dune systems.
*** *** *** *** *** text break *** *** *** *** ***
Policy 10.5.4: [page 48]
The County shall not allow construction of any structure seaward of the Coastal Construction
Setback Control 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, construction shall minimize interference with natural functions of
such beaches and dunes.
*** *** *** *** *** text break *** *** *** *** ***
Policy 10.5.9: [page 50]
The County shall prohibit construction seaward of the Coastal Construction Setback Control Line
except as follows:
a. 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.-; and
d. As otherwise allowed by the Dennis L. Jones Beach and Shore Preservation Act of 2012
(Florida Statutes, Chapter 161, Parts I and II).
*** *** *** *** *** text break *** *** *** *** ***
Policy 10.5.11: [page 50]
The County will waive all other non-safety related setback requirements and site planning
requirements before allowing construction seaward of the Coastal Construction Setback Control
Line.
Page 4
Words underlined are added;words struck-through are deleted.
7-16-21R
Exhibit A PL20210001271
*** *** *** *** *** text break *** *** *** *** ***
[page 57]
GOAL 14: TO FOSTER RESILIENCY BY COORDINATING WITH OUR MUNICIPALITIES,
STATE AND FEDERAL PARTNERS, AND OTHER EXPERTS TO EXCHANGE DATA AND
DEVELOP COORDINATED STRATEGIES TO ADDRESS THE IMPACTS OF SEA-LEVEL RISE.
OBJECTIVE 14.1: By December 2023, the County shall address issues related to the impacts of
sea-level rise, in accordance with Section 163.3178 FS, which requires the County to have
specific requirements related to sea level rise, including a redevelopment component that outlines
the principles that must be used to eliminate inappropriate and unsafe development in the coastal
areas when opportunities arise, and:
1. Includes development and redevelopment principles, strategies and engineering solutions
that reduce the flood risk in coastal areas which results from high-tide events, storm surge,
flash floods, stormwater runoff, and the related impacts of sea-level rise.
2. Encourages the use of best practices development and redevelopment principles,
strategies, and engineering solutions that result in the removal of coastal real estate
property from flood zone designations established by the Federal Emergency
Management Agency.
3. Identifies site development techniques and best practices that may reduce losses due to
flooding and claims made under flood insurance policies.
4. Are consistent with the flood-resistant construction requirements in the Florida Building
Code and applicable flood plain management regulations set forth in 44 C.F.R. part 60.
5. Requires that any construction activities seaward of the coastal construction control lines
established pursuant to s. 161.053 be consistent with Chapter 161.
6. Encourages participation in the National Flood Insurance Program Community Rating
System administered by the Federal Emergency Management Agency to achieve flood
insurance premium discounts for residents.
Policy 14.2: The County shall continue to monitor all credible climate change and sea level rise
data and what potential effects this has on the need to reduce the flood risks that result from high
tide events, storm surge, flash floods, stormwater runoff, and the related impacts of sea level rise
in evaluating public infrastructure and natural resource decisions. Based on this data the County
shall evaluate and update the public infrastructure and resource protection standards of the Land
Development Code and this Plan as necessary.
Policy 14.3: Collier County shall continue to support Chapter 161, Florida Statutes, Beach and
Shore Preservation, which sets forth guidelines for the regulation of beach construction and
reconstruction, beach and shore preservation, coastal zone protection, and coastal resources.
Page 5
Words underlined are added;words struck-through are deleted.
7-16-21R
Exhibit A PL20210001271
Policy 14.4: Collier County shall consider the potential impacts from climate change, including
rising sea levels and shoreline stabilization needs, in its planning for infrastructure and public
facilities.
Policy 14.5: Develop an adaptation action area designation for those low-lying coastal zones that
are experiencing coastal flooding due to extreme high tides and storm surge and are vulnerable
to the impacts of rising sea level. An adaptation action area may consider policies within the
coastal management element to improve resilience to coastal flooding resulting from high-tide
events, storm surge, flash floods, stormwater runoff, and related impacts of sea-level rise. Criteria
for the adaptation action area may include, but not be limited to, areas for which the land
elevations are below, at, or near mean higher high water, which have a hydrologic connection to
coastal waters, or which are designated as evacuation zones for storm surge.
Page 6
Words underlined are added;words struck-through are deleted.
7-16-21 R