Ordinance 93-25 O DIN C ; NO. r lLhU
P~ FOR ~E ~ZNCOR~TED ~ OF COLLZER
CO~, F~RIDA, BY ~NDING CON~~ARY
AG~ SYST~ O~E~I~S ~D ~LICIES, T~ OF STATE
DU~ OF CAPITAL IM~O~ENTS~ COSTS ~D
~S BY TYPE OF ~BLIC FACILITY ~D
ATION ~~ OF ~E ~PITAL
O~ E~ (CIE)~ ~D IMPUTATION
~ .~/S~TEGY OF ~E ~FFIC CIR~TION
AFFAI~ DATED ~ 16, 1993~ BY PROVIDING FOR
S2BILITY~ ~D BY ~OVIDING ~ EFFE~I~
DA~ ·
~, the Board of County Co~issioners of Collier County,
adopted the Con~en~ Management System of its Capital
Impr~ement Element (CIE) oE the Collier County Gro~h Management
Plan by Ordinance N~er 89-05 on Janua~ 10, 1989, as re~[red by
Section 163.3184, ~~ and
~, ~n March, 1990, Collier County adopted ~ts Ade~ate
~1~c Facilities Ordinance {Ordinance No. 90-24) which
~mplemented the Coherency Management System of the Gro~h
Management Plan~ and
~, in Sept~er, 1990, ce~a~n pr~sions of
Ade~ate ~1~c Facilities Ordinance regarding the ~mpl~entat~on
of con~en~ were challenged pursuant to Section 163.3213,
~~ on ~ove~er 26~ 1991~ the Depa~ent of Co.unity
Affairs held a preltmina~ hearing pursuant to Section · '
163.3213(4), ~, to dete~ne whe~er or not the
challenged potions of the Ade~ate ~1~c Facilities Ordinance
were consistent w~th the CIE of the Gro~ Management Plan~ and
~, on ~ce~er 6, 1990, ~e Depa~ment of Co.unity
Affairs ~ssued its F~nal Order dete~in~ng that ce~a~n provisions
of the Ade~ate ~1~c Facilities Ordinance were ~ncons~stent with
the CIE of the Gro~h Managemen~ Plan~ and
~~, on Feb~a~ 6, 1991, the Depa~ment of Co.unity
affairs and others petitioned the D~v~s~o~ of Adm~nistrative
Hearings on ~e issue of consisten~
Adequate Public Facilities Ordinance with the CIE of the Growth
Management Plan pursuant to Section 163.3213(5)(b), Florida
WHEREAS, an administrative hearing was conducted in Collier
County between July 22 and July 26, 1991, wherein the Division of
~.' Administrative Hearings Hearing Officer heard testimony and
~. received evidence concerning the issue of the consistency of the
.... '. Adequate Public Facilities Ordinance with the CIE of the Growth
Management Plan~ and
WHEREAS, on August 27, 1992, the Hearing Officer issued a
~ .- final order finding certain of the challenged portions of the
.'i' Adequate P~blio Facilities Ordinance inconsistent with the CIE of
· ~%~:" the Growth Management Plan and recommending the imposition of
substantial sanctions upon Collier County as a result pursuant to
~.. Section 163.3213(6), Florida Statutes~ and
WHEREAS, on March 16, 1993, the Board of County Commissioners
of Collier County entered into. a Stipulated Settlement Agreement
with the Department of Community Affairs and the other parties to
the Adequate Public Facilities Ordinance challenge in which it was
· agreed that Collier County would amend the Concurrency Management
System of the CIE pursuant to Rule 9J-5.0055, Florida
; Administrative Code, and later emend certain portions of the
Adequate Public Facilities Ordinance causing it to become
consistent with the Concurrency Management System amendments to
~' the CIE~ and
WHEREAS, on April 13, 1993, the Adminl~tration Commission
issued its Final Order Nt~mber AC-93-036, approving the Stipulated
?~ Settlement Agreement and directing Collier County to adopt the
remedial amendments to the Concurrency Management System of the
CIE.
NOW~ THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
.. COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that=
- 2 -
~J~L~: Remedial Plan Amendment.
!' This Ordinance, as described herein, shall be known as the
'm 1993 Concurrency Management System Remedial Plan Amendment for
Collier County, Florida. The Amendment consists of amending the
Concurrency Management System Objectives and Policies, the
Schedule of Capital Improvements, Costs and Revenues by Type of
Public Facility and Implementation Programs of the Capital
Improvement Element, and Implementation Strategy of the Traffic
Circulation Element as set forth in Exhibit A, attached hereto and
incorporated by reference herein.
: ~]L~L2~: 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.
~ ~.F~]~L~]~: Effective Date.
':~' This Ordinance shall become effective upon receipt of notice
from the Secretary of State that this Ordinance has been filed
· with the Secretary of State.
: PASSED AND DULY ADOPTED by the Board of County Commissioners
./.°f Collier.... Cotmty, Florida, this ~ day of ~, 1993.
.~ : i-. %'. . .:~
..r~. '.'" '... ~.F
'"' ~..~s%~..~ ~/,. '. !~ ~ o~ cou~ CO~ISSTO~
;..' ~)~IGHT E; iB~K_ ,' Clerk COLLIER COUNTY, FLORIDA ·
"/ ApproVWd'as to form and
:. le..ga~ lufflciency:
;;:,,: . ]¢. and oc~ ~f thor
~:/~; Ass ~tant County Attorney fll~ rece .h~d ~ d~
~ 3
i
Annual Updat;o & Amendment
COLLZER COUNTY FLORZD~
Orowth~anaqement Department
X992
facilities to met the standards for levels of service for existing
population and the proposed development. No building permit shall be
issued by the time mandated for the adoption of land development
regulations pursuant to Chapter 163.3202, F.S., including any
amendments thereto unless the levels of service for the resulting
development will achieve the standards in Policy 1.1.5, Category A,
and the requirements for Concurrency Management as outlined in the
policies within Ob~ective 1.5 of this element are met.
l~/blic facilities and services Provided by Collier County with Public
funds in accordance with the §-year Schedule of capital Improvements
Will be limited to Service Areas established within the boundaries
desianated on MaD PW-1 titled. "Collier County's Three t3~ Water and!
gr Sewer Districts Boundaries,'. aDDearina in the Public Facilities
Element forwater and sewer. Roads improvements will be provided as
desiq~ated o~ MaD TR-4W titled. "§-vear Capital Improvement Element
MaD",.aDDearina in the Traffic Circulation Element. All other Public
~acilities and service tYPeS will be provided on a county-wide
~vailabilitv basis.
CiE - 15
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5947
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0~3~C~1~ 1 · 5 t
T° eh;ute that =ublic facilities and services needed to su~ort
development are available concurrent with the impacts of such
develo~ment._.the County's Concurrencv Manaaement System. shall be
consis2ent with Cham2er 163. Part ~. Florida S2a~u2es. and Rule
9~-5.~055,.,Florida Adminis2ra2ive Code. The Coun2v shall establish
a re~la2o~ and monitorina ~r~ram to ensure the schedulina.
fundina and timely const~ction o~ Ca~eao~ ~ mublic facilities
COn.trent with. or ~rior to. the issuance of a buildina he.it ~o
achieve and maintain adonted level off se~ice standards.
" ,~e con~rren~re~iremen2 for the Potable ~ater. Sanita~Sewer.
Drainaae. and Solid ~aste~vel o~ Se~ice Standards of ~his Gr~h
Mana~emen~ Plan will Me achieved or main2ained if any one off the
roll.in, s~andards off the Con~en~ Management System ~re
~e necessa~facilities and ~e~ices are in mlace a~ the
time ~ huildin~ ne~i~ is issued; ~
~ ~e necessa~ ffacilities ~nd se~ices are under
const~ion at ~he ~ime a buildin~ ~e~i~ is issued~
~ ~ ~e necessa~ ffacili2ies and se~ices are ~aranteed
an enforceable develonmen2 a~reemen2 that includes
~rovisions off ~ara~a~hs A and B off this moli~.
enfforceable develommen~ a~eement ma~ include. Du~ is not
limited 2o. develommenk a~reements nursuant to Section
163.~220. Florida Statutes. or an a~reemen2 or
develonmen2 order issued nursuant to Cha~er ~0. Florida
S2~tu2es. The a~eement mus2 ~aran2ee the2
necessa~ffacilities will De i~ ml~ce when the imnac2s
the develonmen2 occur.
'~.,, The concurrency recuirement for the Recreation and O~en Space Level
' of Service Standards o~ this Growth Manaaement Plan will be
· '.~ achieved or maintained i~ any one o~ the followina standards o~ the
4'-'~' Concurrency Manaaement System are met:
A. Com=liance with any one off the standards set fforth in
Policy 1.5.1 A. B. and C is met: o;
B. /~t the time the buildin= mermit is issued, the necessary
facili2ies and services are the sub~ect off, ~ ~indinq
executed contract which mrovides for commencement of
actual construction of the required facilities within on~
) year of the Issuance of the bulldin~ ~ermit; Or
C. The necessary facilities and services are auaranteed in
an enforceable development aareement which requires
commencement of the actual constr~ction of the facili~es
within one year of the issuance of the eDolicable
buildina permit. An enforceable development aoreem~nt
MaY include, but is not limited to. d~veloDMent
aareeMents pursuant to Section 163.3220.
Statutes. or an aareeMent or development order
pursuant to Chapter 380. Florida Statutes.
The concurrency re=uireMent of the Traffic Circulation bevel or
Service Standards of this Growth ManaaeMent Plan will be achieved
or Maintained if any one of the followina standards of
Concurrency ManaaeMent SYsteM are Met[
A. Compliance with any one of the standards set forth in
Policies 1.5.1 A. B. and C and 1.5.2 B and C is Met: 9r
B. In areas in which Collier County has committed to
the necessary public facilities and services in
accordance with its flys-year schedule of caoit~]
improvements, the concurrencv re~uirement of the Traffic
Circulation Level of Service Standards would be achiev~
or Maintained if all of the followino standards of
Concurrency ManaaeMent SYSteM. based UDOn an Ade~ua~
Capital Improvements Pro.raM and adequate iMDleMent~
regulations, are Met:
1. A Capital Improvements Element and a
Schedule of Capital IMprovements which, in
to Meetin~ all of the other statutory and rul~
rec~ireMents. Must be financially feasible.
Capital IMprovements EleMent and Schedule Of
Capital IMprovements May reco~nize and
transportation projects included In the first thr~
veers of the applicable, adopted Florida Department
of Transportation five-year work pro.raM.
2. A five-year Schedule of CaDit81 IMprovements which
Must include both necessary facilities to Maintain
the adopted level of service standards to serve th~
new development DroDOSed tO be permitted an~
necessary facilities re~u~red to eliminate thos~
portions of existina deficiencies which arq
priority to be eliminated durina the f~ve-vear
Period under the Schedule of Caoital ImproveMents.
A realistic, financially feasible fundina svsteM
based on currently available reven~e sources which
Must be adeauate to fund the Public facilit~s
required to serve the develoPMent authorized bY
buildin~ De~it and which Public facilities ar-
Included in ,~be five-year Schedule off Caoital
4. A five-year schedule of Capital Improvements which
~Bst include the estimated date of commencement of
actual construction and the estimated date of
pro~ect completion.
5. A five-Year Schedule of Capital Improvements which
;ust demonstrate that all actual construction of
the road facilities and the Provision of services
is scheduled to commence in or before the third
Year of the five-veer Schedule of Capital
6. A plan amendment is required to eliminate, defer or
delay construction of any road pro4ect which is
needed to maintain the adopted level of service
standard and which is listed in the f~¥~-vear
~hedule of Improvements.
0n or before October 1. 1993. the Count? shall implement, throuah
the ~doDtion of an ordinance, a Concurrencv Manaaement SYstem which
~h011 include a re~ulatorvDrocr~am and monitorin~ system consistent
wi~h this Growth ~ana~ement Plan and consistent specifically with
the policies under Ob4ective 1.5 of this Capital Improvements
Element. The monitorin~ system shall enable the County tO
determine whether it is adherina to the adooted Level of Service
Standards and its Schedule of Cagital ImprovementS,
improvement to the LOS "E" road was even needed since a new road
increased the corridor capacity and took some of the burden off of the
LOS "E" roadway.
On State maintained facilities, the County and the State have agreed
to the level of service standards described in the element.
It is the purpose of this section to set out the strategy for
implementing the level of service standards policy of the Traffic
................... ~b~ 1, 1994 1997,
It iS th~s nlan's intent to improve all roadways oDeratina under
unacceptable conditions within the first three years of the 5 year CIE
end State Work groaram, as Der Policy 1.5.3 of the Canital ImDrovement
In order to evaluate the current level of service of any segment o£
highway identified om the Ex&sting Traffic Circulation Map, the County
will put into place a monitoring program that will determine the
existing level of service of those roads with special attention to
roads that have exceeded their adopted level of service standard
during the previous year. It is the intention of this program to not
~only determine if a level has been exceeded, but to also predict or
forecast when a level might be exceeded in the future. Such a
monitoring program will permit the proper planning and programming of
the various phases of the roadway projects (design, right-of-way
acquisition, permitting and construction).
Monitorina Proaram
The County will be responsible for ma~ntaining quarterly 24 hour
" traffic counts on each County facility for which the level of service
· standard is applicable. This includes all arterials and collectors
identified in the Traffic Circulation Map Series (Map TR-1A). The
quarterly counts will be taken in such a manner to allow averaging to
· replicate an annual average daily volume. The State is responsible
for maintaining an annual count program on all State facilities ·
identified on Hap TR-1A (W and E).
The peak hour interpretation will be performed using the methodology
and capacity tables in the Traffic Circulation Element. This annual
standard resulting in one of the following=
For Roads wi~h an adonted LOS of "D" Standard~
1. If the current LOS measured is "D" or better, no mitigating action
~'i is required.
· .;,... TRA 1-50
REQUZREHElqTB FOR CAPZTAL ZHPROVE2SENTB ZIfPLEHENT&TZON
SCHEDULE OF CIiPZTAL ZHPROVEHENTB
The Schedule of Capital Improvements on the following pages will
eliminate existing deficiencies, replace obsolete or worn out
facilities, and make available adequate public facilities for
future grouch.
Each pro~ect is numbered and named, and its cost during each of the
next five fiscal yeare is sho~flinthoueands of dollars (000). The
~onth and year for actual co~encement off construction and the
~onth and year each ~rotect will be completed fin service) is
Each project in Categoz~A is consistent with the level of service
~tandards as identified within this element and the appropriate
individual element of this Gro~'chHanagement Plan.
Each project in Categor~B is consistent with the level of service
standards as identified within this element. Optional elements
· were not developed for Cateqor~f B facilities.
P~4e~ ~ ~let/n' 92-93 93-94, ~ ~5-96
43 ~ ~a~ hst (US al) 06/95 06/97 ~3~8 40~ 1803
Ro~ (~X~ 1114137)
Grade se~a~on a~ P~e
R~dge Road
4S ~aa~ ~a~l No~ (US 41) 06/95 06/97 966 3202 4168
~hlee ~ad to Hy~le Road
(~ ~1~4150)
Ratt~esn~e-H~ck ~ad to
A~ ~ad ~o ~een~e-
~ **
48 Dav~s ~eva~ (SR 8~) 06/9S 06/97 ~70 620 2402 2200
40 Road (~Z~
X~kalee ~ad ~o ~lgg~no
Pall
Funded Ln the adopted FDOT S-ye~ ~or~ program
ck:matx,uct~n Fi. Io&X ~ear I(O00)
~o4ect S~ ~le%Xon ~2-93 93-9& ~4-95 ~5096 ~6-~7 ~tal
SISX 951 (D~)
X~ York Dr~ve ~ ~co B~d~
~ & ~ ~S ~ 7097 57357 ~86~7 5386 3975 92432
*** Rev£eod FOOT capac£~ ~ables elAmLn&~e ~he need for &dy&ricing ~h~. pro~ec~
**** FDO~ hag approved · backlogged s~&~us LOS due Co ~he~r Ana~I~M
co advance ~h£e p~o~ec~
COSTS & REVENUES BY TYPE ON PUBLIC FACILITY
In the table below, the left column [tem£zes the types cf public
~ ' , facilities and the sources of revenue. The center column contains the
B-year (F~93-97) amounts of restricted revenues. The right column
: a calculation of the deficit for each type of public facility. All
deficits are accumulated as a subtotal. Below the subtotal deficit
the source of additional revenue that will be used by the County to
pay for the deficit ~n order to maintain the standards for levels of
service listed in CIE Policy 1.1.5.
· :' COUNTY ARTERIAL & COLLECTOR RO~DB $ 77~943,000
;[.:. LESS Available Revenues:
- Cas Taxes $ 7,561,000
Road Impact Fees 34,765,000
Revenue Bonds (Series FY94) ~ 77.943.000
Balance 0
"'~,. BTATN RO~DB ~ORK 14,489,000
LESS State/Federal Gas Taxes 14,489,000
;:'- - Balance 0
'~; DRAII~GB PLANS 3tND ~ROJBCTS Balance 0
~rAT~ & SElrgR SYSTEMS iS,B30,000
.::'* LESS System Development Fees/User Fees
;i.) Balanoe 0
:'SOZ~I:)FASTa/:ZmSDFILL 19,40S,000
:.LASS Solid Waste gser Fees
PARES & ~ECRF~TZON 22,948~000
LESS Available Revenues:
....... Par~ 'YJ=pact Fees 17,282,600
:~.~: . ~';~tlng Improvement ~ds 850. 000
':
~ ~Q~ ~X~ B~CE 1,728,000
~8 ~ Impact Fees
Balance 0
~ 26,242,000
~S G.O.B. Referend~
CIE - 52
DOC.ReEl 5958
----- I
:?,,Buildlnge 1~972~000
.'"Colleo'l:ton ~
Tot&l Libral~t, Costs 5;514,000
'LESS Library Impact Fees 3.652.000
Deficit (1;862~000)
f. ubtotaX De£Acit o£ Restricted Revenue ye. Costa (6,677,400)
ADD ~=estrtcted Revenues:
A~ Valorem Taxee 6,677,400
(Capital Revenue Fund)
Balanoe$ 0
:"" CZB - 53
Do~.Ref: 5958
T~BLE 1
COLLIER COUNTY C~PIT~L IMPROVEMENTS
FY 92/93 - 96/97
TYPB OF F~OTLITY PRO~ECT8 C087H
COUNTY ROADS $ 77,943,000
STATE ROADS 14,489,000
DRAIHAGR 0
EH~RGENCY MRDICAL SERVICR 1;728,000
· TAIL 26,242,000
L~BRARY (BUILDINGS) 1,972,000
LIBRARY (COLLECTION) 3,542,000
GOVEI~TM]~T BUILDINGS 0
PAP~(S &RECREATION 22,948,000
PoTABLE WATERSYSTEM 8,930,000
SEWEI~TREATMENT & COLLECTION 6,600,000
.;-S0LIDNASTE/IANDFILL 19,408,000
TOTAL .. $183,802,000
I]60 500
'J ~' · CO~-LXlqt C:O0~T~
:~'~
TI~AI~ZC CZRL~.,~TZON ELEHBNT
0'anuar~,~, 1989
P, mended 0'anuary, X990
~en~e~ ~ 19, X992
Amended HaM 25, 1993
~repared by
COLLX~ COaX
· ~-IrP.~ & RIK-FOIU(XTTL'D HAY, 2,992
,o,, 060 ~,~,~ 50!
STATE OF FLORIDA
.'!".':COUNTY OF COLLIES
~'".., .."I,. DWIGHT E. BROCK, Clerk of Courts in and for the
~; Twentieth Judicial Circuit, Collier County, Florida, do
hereby certify that tha foregoing is a trua copy of:
Ordinance No. 93-25
which was adopted by tha Board of County Commissioners on
the 25th day of May, 1993, during Regular Session.
WITNESS ~y hand and fha official seal of the Board of
County Commissioners of Collier County, Florida, this let
day 'of June, 1993.
DWIGHT E. BROCK
~' Clark of Courts and Clerk
Ex-officio to Board of .~ .. -~,
County Commtssl~
~e~ ~.-""' ""
* /s/~aurssn Kenyon ',} · ...~ '
0 ., , 0° ~. !
:,.~,.
oo, 060. 502