Ordinance 2022-35B ORDINANCE NO. 2022-3 5B
AN ORDINANCE AMENDING ORDINANCE 89-05, AS
AMENDED, THE COLLIER COUNTY GROWTH
MANAGEMENT PLAN OF THE UNINCORPORATED AREA OF
COLLIER COUNTY, FLORIDA, SPECIFICALLY AMENDING
THE CONSERVATION AND COASTAL MANAGEMENT
ELEMENT, TO AMEND POLICY 6.1.7 TO REDUCE THE
LITTORAL SHELF REQUIREMENTS FOR CERTAIN
PROPERTY WITHIN BOTH THE RURAL FRINGE MIXED-USE
DISTRICT-RECEIVING LANDS AND WITHIN THE
IMMOKALEE ROAD RURAL VILLAGE OVERLAY; AND
FURTHERMORE DIRECTING TRANSMITTAL OF THE
ADOPTED AMENDMENT TO THE FLORIDA DEPARTMENT
OF ECONOMIC OPPORTUNITY. THE SUBJECT PROPERTY IS
2787.27± ACRES AND LOCATED ON THE EAST SIDE OF
IMMOKALEE ROAD, APPROXIMATELY TWO MILES NORTH
OF OIL WELL ROAD, IN SECTIONS 1 AND 2, TOWNSHIP 48
SOUTH, RANGE 27 EAST, IN SECTIONS 25, 35 AND 36,
TOWNSHIP 47 SOUTH, RANGE 27 EAST, COLLIER COUNTY,
FLORIDA. IPL201800026601
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, 27th Pico Boulevard Ltd. Partnership and Brentwood Holdings Ltd.
Partnership requested an amendment to the Conservation and Coastal Management Element;and
WHEREAS, Collier County transmitted the Growth Management Plan amendment to the
Department of Economic Opportunity for preliminary review 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
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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
hearings of the Collier County Planning Commission held on August 18, 2022, and the Collier
County Board of County Commissioners held on September 27, 2022 ; 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 Board approval. 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 commence
before it has become effective.
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PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida this 27th day of September , 2022.
ATTEST'! BOARD OF COUNTY COMMISSIONERS
CRYSTAL K.491142.EL, CLERK COLLIER CO ' " ; ' DA
\ ,,\\ I:, , CI). 441 , OA
Y: By• �r
, lie uty Wi,iam L. McDaniel,Jr., Chairman
°,.. sE r man s
This ordinance fired cairn tree
S retory of Sro e` (Woe
- -day of _
and acknowledgement of that
Ap. . ed as fo legality: f;l;rg. ete1ed i
/ of
or cP�titi y
Heidi Ashton-Cicko / o.ti or
Managing Assistant County • ttorney
Attachment: Exhibit A-Conservation and Coastal Management Element
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8/22/22
Exhibit A PL20180002660
EXHIBIT A
CONSERVATION AND COASTAL MANAGEMENT ELEMENT
*** *** *** *** *** *** *** *** *** *** *** *** ***
II. GOALS, OBJECTIVES & POLICIES
*** *** *** *** *** *** *** *** *** *** *** *** ***
GOAL 6: TO IDENTIFY, PROTECT, CONSERVE AND APPROPRIATELY USE NATIVE
VEGETATIVE COMMUNITIES AND WILDLIFE HABITAT.
OBJECTIVE 6.1: 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 6.1.7: [re-numbered to reflect merger of Ordinance No. 2002-32 and 2002-54]The County
shall require native vegetation to be incorporated into landscape designs in order to promote the
preservation of native plant communities and to encourage water conservation. This shall be
accomplished by:
(1) Providing incentives for retaining existing native vegetation in landscaped areas;
(2) Establishing minimum native vegetation requirements for new landscaping; and,
(3) Wet detention ponds within the Urban Designated area shall have a littoral shelf with an area
equal to 2.50% of the ponds surface area measured at the control elevation and be planted
with native aquatic vegetation.Wet detention ponds within the Rural Fringe Mixed Use District,
shall have a littoral shelf with an area equal to 30% of the ponds surface area measured at
the control elevation and be planted with native aquatic vegetation.
Within the Immokalee Road Rural Village Overlay, and implemented through a Planned Unit
Development Rezone or Land Development Code Amendment, the total littoral planting shelf
area may be reduced to 15% of the wet detention pond surface area within the Receiving
lands, if provided in one or more larger aggregated littoral planting areas, thus providing
greater habitat value, except within the two previously approved mining lakes where littoral
shelves shall be provided as required in the respective approved Earth Mining Conditional
Use Resolutions: Resolution 2012-015 for the mine located in the Receiving lands, and
Resolution 2001-032 for the mine located in the Neutral designated lands.
(4) Stormwater management systems within the Rural Lands Stewardship Area (RLSA) Overlay
shall be designed pursuant to the RLSA policies found in the Future Land Use Element.
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Words underlined are added;words struck-through are deleted.
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FLORIDA DEPARTMENT Of STATE
RON DESANTIS CORD BYRD
Governor Secretary of State
October 6, 2022
Martha S. Vergara, BMR& VAB Senior Deputy Clerk
Office of the Clerk of the Circuit Court
& Comptroller of Collier County
3329 Tamiami Trail E, Suite #401
Naples, Florida 34112
Dear Martha Vergara:
Pursuant to the provisions of Section 125.66, Florida Statutes,this will acknowledge receipt of your
electronic copy of Collier County Ordinance No. 2022-35B (corrected), which was filed in this office on
October 6, 2022.
Sincerely,
Anya Owens
Program Administrator
ACO/rra
R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250
Telephone: (850) 245-6270