Ordinance 90-032 ORDINANCE 90- 32
AN ORDINANCE AMENDING ORDINANCE NO. 89-05, AS
AMENDED, THE "COLLIER COUNTY GROWTH MANAGEMENT
PLAN", FOR THE UNINCORPORATED AREA OF COLLIER
COUNTY, FLORIDA; SUCH AMENDMENT ADDRESSING AND
RELATING TO THE STIPULATED SETTLEMENT
AGREEMENT WIT[[ THE DEPARTMENT OF COMMUNITY
AFFAIRS OF SEPTEMBER 14, 1989; BY AMENDING THE
FUTURE LAND USE ELEMENT POLICIES; BY AMENDING
THE CAPITAL IMPROVEMENT ELEMENT POLICIES; BY
AMENDING THE PUBLIC FACILITIES ELEMENT
(DRAINAGE SUBELEMENT) POLICIES; BY AMENDING
THE CONSERVATION AND COASTAL MANAGEMENT
ELEMENT, OBJECTIVES AND POLICIES; BY PROVIDING
FOR SEVERABILITY; AND BY PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the Board of County Commissioners of Collier
County adopted thQ Collier County Growth Management Plan by
Ordinance Number 89-5 on January 10, 1989 as required by Section
163.3184, Florida Statutes; and
W~{EREAS, the Collier County Growth Management Plan was
found to be not in compliance by the Department of Community
Affairs; and
WI{EREAS, Collier County received a "Notice and Statement
Of Intent To Find the Collier County Comprehensive Plan Not in
Compliance" (Docket No. 88-NOI-1101-(N)) on March 2, 1989 pursuant
to Section 163.3184, Florida Statutes; and
WHEREAS, the Department of Community Affairs filed its
Petition with the Division of Administrative Hearings (DOAH)
requesting an Administrative Hearing on the issue of compliance
of the Collier County Growth Management Plan with Chapter 163,
Florida Statutes and Rule 3J-5, Florida AdminiStrative Code; and
W~EREAS, Intervenors Antaramtan Development Corporation
and McAlpine (Briarwood) Inc. were given leave to intervene in the
DOAH proceeding on July 14, 1989 and July 28, 1989 respectively;
and ~.,
WHEREAS, Collier County and all of the Intervonors have
entered into a Stipulated Settlement Agreement with the Department
of Community Affairs requiring that certain remedial plan
amendments be adopted by the Board of County Commissioners; and
W/qEREAS, the stipulated Settlement Agreement requires
that the following Elements of the Collier County Growth
Management Plan be amended:
Future Land Use;
Capital Improvements;
Public Facilities; and
Conservation/Coastal Management; and
· WHEREAS, the Board of County Commissioners on October
~ 10, 1989 has found that the necessity of adopting these remedial
i'~ plan amendments constitutes an emergency as contemplated by
Subsection 163.3187(1)(a), Florida Statutes; and
WHEREAS, the Collier County Planning Commission pursuant
to Section 163.3174, Florida Statutes considered the proposed
remedial amendments to the Collier County Growth Management Plan
which included the changes required by the Stipulated Settlement
Agreement on November 2, 1989; and
WHEREAS, the Board of County Co~u~issioners on November
7, 1989 approved the transmittal of remedial plan amendments to
the Department of Community Affairs to initiate the Department's
review pursuant to Paragraph 23 of said Agreement; and
WHEREAS, Collier County received the Department of
Community Affairs Objections, Recommendations and Comment Report
on February 27, 1990 in the manner provided in Chapter 9J-11,
Florida Administrative Code, and Subsections 163.3184(3)-(7),
Florida Statutes; and
WHEREAS, Collier County, upon receipt of written
co~un~ents from the Department of Community Affairs, has considered
all remedial plan amendments for adoption within the sixty (60)
day time limit of such receipt pursuant to Paragraph 24 of said
Agreement; and
WHEREAS, the Department of Community Affairs, within
forty-five (45) days of receipt of Collier County's adopted
remedial Growth Management Plan Amendments, shall review and
determine if these Amendments are in compliance with the Local
Government Comprehensive Planning and Land Development Regulation
Act of 1985; the State Comprehensive Plan; the appropriate
Regional Policy Plan; and Rule 9J-5, Florida Administrative Code
pursuant to Subsection 163.3184(8) (a), Florida Statutes.
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA:
~: REMEDIAL PLA~ AMENDMENTS
This Ordinance, as described herein, shall be known as
the Remedial Plan Amendments for Collier County, Florida. The
Collier County Remedial Plan Amendments, attached hereto and
incorporated herein by reference, consist of amendments to certain
policies of the Future Land Use Element; Capital Improvement
Element; and Public Facilities Element (Drainage Subelement); and
certain objectives and policies of the Conservation and Coastal
Management Element.
~: 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. "'
-- 3 --
~: 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.
DATED: May 1, 1990
, ATTEST: BOARD OF COUNTY COMMISSIONERS
Jame~C..' Giles, Clerk COLLIER COUNTY, FLORIDA
Approved a~ to form and
, legal sufficiency:
'~:~,.. ~ ~ Sta~'. Offlc. ~.
~:"' H. £nsure the avallab~lic~ of au£~able lan~ fo~ utility
~:,-' necessary ~o suppor~ p~oposed development. For privacel7 provided
facilities ~hts shall be accomplished through concinued compliance
with the Zoning Ordinance which requires the identification and
location o£ all utilities which will serve the development.
I. Protect historically stgnl£icant properties. This shall be accom-
plished through amendmen~ ~o ~he existing Zonin~ Ordinance based on
recommendations in ~he His~oric and Archaeological Survey. The
amendments shall include provisions which require identification o~
and mitigation £or known historic resources on a proper~-y as a
o[ project rev£e~ at ~ime of ~ezoning.
J. Mitigate incompa~ible land uses, with the area designated as the
Naples Airport Noise Zone receiving first priori~-y Zone.. This shall
be accomplished through adoption of regulations which ~equire
soundprooling for all ne~ residen~ial structures v~thin ~he $5 LD~
Con,our as ldencif~ed on the ~utu~a l~nd Use Hap. Also, all proper-
ty records o£ ~he County shall indicate ~ba~ the respective proper-
t~es ara vftb~n the Airport Noise Zone. The boundary of the Naples
Airport No,se Zone shall be made cons~sten~ v£th ~he 6~ LD~ contour
identified in the Naples Al~ort Par~ 1~0 Study when approved by
Federal Aviation Authorl~.
Establish procedures Co no~tfy ~ha Naples Airport Au~hori?y of all
development proposals within 20,000 ~eet of the airport which exceed
he,sbt standards established by the Federal Aviation
K. Es~abtish-a-ze~lng-~eevalaatie~-pwe&ra~-£er-~lap~eved-preperty-t~at
fer-all-ee~ereiatty-ze~el-prepezty-a~d-wltk£m-thzee-years-ef-l~e
a~A-apprevats-shalt-be-~eviewed,--I£-the-ze~l~g-is-ge~erm£~eA-~e-be
l~a~prepriate-am~-ls-net-~e~er~lnet-te-be-vestet;-the-ze~ing-shatt
A~aally-~he~ea£~ez;-alt-ze~l~g-apprevats-s~alt-be-reevataated-ea
ee~s£de~ed-£er-~eze~l~&-~a-a~-apprepriave-elassifieatie~-p~s~a~.~e
tMs-pre$~-develepse,~-pera£ts-shalt-be-&za~ted-fer-ases.perait.
ageptie~-er-fer-a-tess-l~easive-ze~l~g-elassifiea~le~-appreveg-~y
K. ~0 develo~me~ orders shall be issued which are i~consfscen~
~he Cro~h [lena~emen~ Plan. extent for ~relfmtnarv develo~men$
orders where a ¢oa~a~btlirv Exception has been ~ran~ed or
~osl~lve Determination o~ Vested ~Ibcs bas been made. A
reevaluation ~ro~ram shall be adooced as a La~d pevelo~me~
Re~ula~fo~ ~o lde~i~y apd evalua;~ u~Imp~oved but zoned ~ro~ercv.
"'" January, 1989 LU-I-18
FUT~E LAb~£ ELEMENT
~n this re~ard, the County's Lan~ Development Re~,ulactons shall
establish a process and crt:efta (1).to determine whether the zo~tn~
(2) to determine whethe~ tnconstste~ zonin~ on such a orooertv ts
~ethele~s com~attble with surrounding, extsttn~ land uses where
cons:stent ~ont~R would not be or whether another tnconstste~ ~ur
le~ intensive zontn~ classification would also be comoRttble and
~ld further the ~oals and objectives of the Growth HaRaeemqRr
Plan: fl) to determine whether inconsistent end tnco~oatible zonin~
on such a ~rooer;y ts nonetheless vested: and (A) to determine
~hat :onin~ classification inconsistent, tnco~oatible, non-vested.
zcni~R 9n such a ~ro~er~v should be rezoned to be consistent with
:he Growth Hana~ement Plan. and to actually
rezoninz. ^n~ ¢o~oattbtlicv Ex:cotton ~raq~ed ~u~t com~lv with a~]
other requirements of the.Growth Nana~e~ent P~an.
Tnts zontnz reevaluation oroEraa shall be co,ale:ed for all
unt~oroved orooertv tn ~be County by January [0. ~991 for
con~nerc£el zoned and non-restdentta~ Drooer~v and by January 10.
1992. for all other orooerrv, The Crovth ~ana~ement Plan shal~ be
a~ended tn the amendment cycle next follovtnz the issuance of any
~o~atibilitv Ex:cation. ~ursuant ~o Sec, 163.3187. Flortd~ --
~catutes. to reflect any land use chan~es recurred oursuant
issuance ~f any such Comp·rib:Itt, Except:on. ~utldin~ oermits
any such ¢omoatibilit~ Exceptions shall be contingent uoon
Growth Management Plan Amendment betn~ edooted. At all
ocher ~rovisions of the Growth Eanaze~ent Plan. All Comuattbtltt?
Exceotions and Determinations of Vested RtEhts shall be sub,et:
a~eal ~o ~he 5oard of Councv Commissioners,_
L. In order to ensure that adequate public facilities are available
concurrenu with service demands generated by nev growth and develop-
men: in accordance with the requiremenes of the Local Government
Comprehensive Plarming and Land Development Regulation Acc, Section
163.3161 et. seq. Florida Statutes (1987), iU shall be the policy of
Collier County to achieve "concurrency' through · Concurrency
ttanagement System adopted as part of ch~s Plan in the Capital
2mprovement Element. In a~dition, as the second elemenu o£ the
County's concurrency program, the County shall, as a parc oE the
land development regulautona to be prepared and adopted within one
year oE the submit~al date o~ th~s Plan, implement a program to
bring planned, permitted and zone~ development cap·c£ty into align-
menu with the capacity o~ existing, programmed And planned capital
improvements. The program oE aligning development capaciuy with
capital improvements capaciuy shall provide ~o~ the recognition and
protecufon of vested.property rights and shall provide ind£vidual
proper~y o~ners with a reasonable opportunity to taka advantage
existing investment backed development expectations,
'" January, 1989 LU-I-19
Adult ~ongroga~e L£v~ng Facilities (^CLF) and o~hor typos of elderly
hous£ng shal~ be permitted wl~hln the O~ban ~esignated Area at a maximum
density of 2~ units per acre, Applications shall be reviewed on ~ casa
by case basis w£th tho actual density being calculated during thl~
process. As part of the Land Development Regulations, the Zoning Ordi-
nance shall be amended to establish permitted densities for this type of
development based on the size of the living units.
Properties which do not conform to the Future Land Use Element hut ara
developed or are found to have vested zoning rights through the zoning
reevaluation program described in Policy 1.3,1K shall be deemed
tent with the }'uture Land Uss Element. These non-conforming properties
shall be allowed to expand to the extent of their zonin~ boundaries and
zoning standards in existence at the time of Plan adoption.
POLICY 5.10:
Exemotions based on vested rights or compatibility determinat~on$
are ~ranted as nrovidod for in the Collier County Zontn~
Ordinance shall be considered consistent with the Future lmn~ UIO
Element. These 9ro~erties shall be considered consistent with th9
Land Use Element only to the extent of the exemnt$on ~ranted and in
accordance with all other limitations end timelines that are provided for
in the Zonin~ Reevaluation Ordinance. Nothin~ co~ta~ed ~ ~hl~ section
(oolic¥) shall exempt any development from havin~ ~ ~om~%v w~th
provision of the Growth Management Plan other than the zonin~
reevaluation ~ro~ram.
Al.2 Level of Service "D" peak hour, peak season on all other
County arterial and collector roads, however any section
of road may operate at Level of Service "E"'for a period
not to exceed two fiscal years following the determin-
ation of Level of Service "E" in order to provide the
County with time to restore Level of Service "D" by
making appropriate improvements. Development orders may
be issued during the two year period to the extent their
issuance is consistent with policies 1.5.3. and 1.5.4.
of this Element.
A2 State and Federal Roads:
~ ~URAL AREA URBANIZED ~REA
1-75 C D
US 41 C D
?~ ' SR 84 D D
~. SR 951 - E
~ ' SR 29 C -
SR 82 C -
?', A.3 County s%~rface water management
A3.1 Future "private" developments - Applicable South Florida
Water Management District ~equirements found in Chapter
40E.40.302(4)(a & b), and 40E-4.091(1)(a) incoroorating
bv reference Section 3.2.1. et sec. "Water 9uantity" of
Basis of Review for Surface Water Manaaement Permit
Auolications Within the South Florida Water Manacement
District, APril 1987). (present requiremen:s are a
25-year, 3-day storm event.} ~i~ 9~/~i~/~
A3.2 Existing "private" dewlopm~nts and existing or futurm
public drainage facilities - those existing Levels of
Service to be identified (by design storm return
frequency event) pursuant to the completion of the Water
Management Master Plan by July 1, 1989.
A4 County potable water systems:
!~ A4.1 County systems
135 gallons per day per capita plus 21% fcr
non-residential
i~ A4.2 City of ~aples = 150 gallons per capita per day
~i~' A4.3 Private potable water systems:
Sewage flow dosign standards as identified in policy
1.3.1. of the Potable Water Subelement of this Growth
Management Plan.
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PUBLIC EXPENDITURES : COASTAL HIGH HAZARD AREA
OBJECTIVE
Effective with plan implementation public expenditures in the
Coastal high hazard area shall be limited to those facilities
needed to support new development to the extent permitted in
the Future Land Use Element. In addition public expenditures
shall include the following categories:
A. Maintenance of existing public facilities;
B. Beach, shore and waterway access;
C. Beach renourishment.
Policy 1.3.1:
The County shall continue to expend funds within the coastal
high hazard area for the replacement and maintenance of public
facilities identified in the Conservation and Coastal Management
Element.
Policy 1.3.2=
The calculated needs for public facilities will be based on the
adopted level of service standards and future growth projections
within the coastal high hazard area. The Future Land Use Element
limits new residential development (thus obligations for infra-
structure expenditures) to a maximum of four dwelling units per
gross acre within portions of the coastal high hazard area. In
addition, re-evaluation of existing zoning
f~I~/~l~lf~f~/~/~/~/~6/~/~/~
~f~/~f~/~/~f~/Z~/~/~ on,unimproved
properties that are inconsistent with the Fu~u.e Land Use Element
will be undertaken as ~art of the zoning re-evaluation program
specified in Policy 3.1K of the Future Land Use Element.
Policy 1.3.3:
The County shall continue to insure that access to beaches, shores
and waterways remain available to the public and by December 31,
1992 develop a program to expand the availability of such access
and a method to fund its acquisition.
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CIE- 16
OBJECTIVE 1.4=
The County shall coordinate its land use planning and decisions
with its plans for public facility capital improvements by provid-
ing needed capital improvements for replacement of obsolete or
worn out facilities, eliminating existing deficiencies, and future
development and redevelopment caused by previously issued and new
development orders.
publ£u ~&cllities listed in the Schedule of Capital Improvements
in the "Requirements for Capital Improvements Implementation"
section of this Capital Improvements Element. The Schedule cf
Capital Improvements may be modified as follows:
A.The Schedule of Capital Improvements ~hall be updated
annually.
B. Pursuant to Florida Statutes 163.3187, the Schedule of
Capital Improvements may be amended two times during any
calendar year, and as allowed for emergencies,
developments of regional impact, and certain small scale
development activities.
C. Pursuant to Florida Statutes 163.3177, the Schedule of
Capital Improvements may be adjusted by ordinance not
deemed to be an amendment to the Growth ~!&nagement Plan
for corrections, updates, and modifications concerning
costs; revenue sources; or acceptance of facilities
pursuant to dedications which are consistent with the
plan.
All Category A public facility capital improvements shall be
consistent with the goals, objectives and policies of the
appropriate individual element of this Growth Management Plan.
The County shall include in the capital appropriations of its
annual budget all the public'facility projects listed in the
Schedule of Capital Improvements for expenditure during the
appropriate fiscal year. Projects for which aDnrouriations have
been made in the annual budcet will not be removed once they have
been relied uuon for the issuance of a buildinc permit. The
County may also include in the capital appropriations of its
annual budget additional public facility projects that conform to
Policy 1.1.2 B (3) and Policy 1.1.4 (C) and (E).
Doc. Ref: CIE
~l~.~.
COR~C~I~XG~2~
OB,TP...CTi"V~ 1.5:
In order to coordinate land use decisions and facility planning by
the time mandated for the adoption of land development regulations
pursuant to Chapter 163.3202, F.S., including any amendments
thereto, the County shall adopt a "Concurrency Management System"
Ordinance for the scheduling, funding and timely construction of
Category A public facilities concurrent with, or prior to
development in order to achieve and maintain adop:ed standardR for
levels o! service, and to exceed the adopted standards when
possible
Beginning with the effective date of Plan Implementation through
Sap:etcher 30, 1994, the concurrency requirement for the Potable
Water, Sanitary Sewer, Drainage, Solid WaRte and Recreation and
Open Space Level of Service Standards, of this Growth Management
Plan would be met if any of the following conditions of an
established Concurrency Management System are met:
building permit is issued, or a building permit is
issued subject to the condition that the necessary
facilities will be in place when the impact of the
development occurs.
B.The required facilities are under construction at the
time a building permit is issued.
c. The required facilities are the subject of a binding
contract executed for the construction of those
facilitie~ at the time a building permit is issued.
D. The construction of required facilities has been
included in the County's adopted budget at the time a
building permit is issued even though the facilities are
not yet the subject of a binding contract for their
construction.
~6~tlZl/29~l The construction of facilities
required to..accomodate the imoact of development
OCcUrring before October l, 1~94 is sch~%uled in the
C6unty's Schedule of ~aoital Imorovements prior to
October 1, 1994. The Schedule of Capital Improvements
shall be based on a realistic, financially feasible
program of funding from existing revenue sources and
shall be adopted as a part of this Growth Management
Plan.
Doo.Retz CIE
CIE - ~9
1. A plan amendment is required to eliminate, defer or
delay construction of any Category A facility in
the Schedule of Capital Improvements which is
needed to maintain the adopted level of service
standard. Any development order issued pursuant to
a concurrency finding under this section is
expressly conditional so that the permit shall be
suspended and no further development shall be
carried out in the event any of the following occur
without a corresponding plan amendment:
a. The required facilities are delayed, deferred,
or ~ removed from the adopted Schedule o5
Capital Improvements.
b. Annual funding is insufficient to maintain the
Schedule of Capital Improvements.
c. Construction of the required facility or
facilities is not undertaken in accordance
with the adopted Schedule of Capital
Improvements.
~~ The construction of recuired facilities
scheduled in the County's Schedule of Capital
Improvements prior to October 1, 1994 will not be
delayed, deferred or removed from the Capital
Improvement Element if the facilities have been relied
uPOn for issuance of a deve!oDment order.
Policy 1.5.2:
Effective October 1, 1994 the concurrency requirement for the
Potable Water, Sanitary Sewer, Drainage, Solid Waste and
Recreation and Open Space Level of Service S~andards of this
Growth Management Plan would be met if any of the following
conditions of an established Concurrency Management Systems are
A. The required facilities are in place at the time the
building permit is issued, or a building permit is
issued subject to the condition that the necessary
facilities will b~ in place and operational when the
impacts of ~he development occur.
B. The required facilities are under construction at the
time a building permit is issued.
C. The required facilities are the subject of a binding
contract executed for the construction of these
facilities at the time a building permit is issued
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CIE - 20
!.. D. The construction of required facilities has been
included in the County's adopted budget at the time a
building permit is issued even though the facilities are -
not yet the subject of a binding contract for their
construction.
Zllll~l~l~l~l~~l't~l~l~~l~
~olicy 1.5.3:
Beginning with the effective date of Plan Implementation through
September 30, 1994, the concurrency requirement of the Traffic
Circulation Level of Service Standard of this Growth Management
Plan would be met if any of the following conditions of an
established Concurrency Management System are me~:
A. The required facilities are in place a~ the time a
building permit is issued, or a building permit is
issued subject to the condition that the necessary
facilities will be in place when the impacts of the
development occur.
~ B. The required facilities are under construction at the
· time a building permit is issued.
C. The required facilities are the subject of a binding
contract executed for the construction of these
facilities at the time a building permit is issued·
D. The construction of required facilities has been
included in the State or local Government's adopted
· budget at the time a building permit is issued even
though the facilities are not yet the subject of a
binding contract for their construction, provided that
the level of service (LOS) of any road does not fall
beyond the next lower LOS below the adopted standard
(i.e. LOS standard is "D" peak hour, peak season and
service does not fall below "E" peak hour, peak season).
The construction of the ~~/f~I~ facility
required to accomodate the impact of development
occurrinq before October.l, 1994 is included in
the State's Five (5) Year. Work Program or the County's
current five (5) year Capital Improvement Schedule
adopted as a part of this Growth Management Plan prior
to October 01, 1994. A plan amendment is required to
eliminate, defer or delay.construction of any road
project in the Schedule of Capital'Improvements which is
needed to maintain the adopted level of service
standard. Any development 6rder issued pursuant to a
concurrency finding under this section is expressly
Doc. Ref: CIE
" CIE - Li ....... .~.
conditional so that the permit shall be suspended and no
further development shall be carried out in the event
any of the following occur without a corresponding plan
amendment:
1. The required facility is delayed, deferred, or
removed from the State's Five f51 Year Work
~rogram or the Schedule of Capital Improvements.
2.Annual funding is insufficient to maintain the
Schedule of Capital Improvements.
3. Construction of the required facility or facilities
is not undertaken in accordance %;ith the County's
adopted Schedule of Capital Improvements or the
State's Five (5) Year Work Program.
F. The construction of reauired facilities scheduled in the
County's Schedule of Capital Improvements prior to
Qctober 1, 1994 will not be delayed, deferred or removed
from the CaPital Improvement Element if the facilitie~
have been relied UPon for'issuance of a development
order.
Policy 1.5.4:
Effective October 01, 1994, the concurrency requirements of the
Traffic Circulation Level of Service Standard of this Growth
Management Plan would be met if any of the following conditions
of an established Concurrency Management System are met:
A. The required facilities are in place at the time a
building permit is issued, or a building permit is
issued subject to the condition that the necessary
facilities will be in place when the impacts of the
development occur.
B.The required facilities are under construction at the
time a building permit is issued.
C. The required facilities are the subject of a binding
contract executed for the construction of these
facilities at the time a building permit is issued.
D. The construction of required facilities has been
included in the State or local Government's adopte~
budget at the time a building permit is issued even
though the facilities are not yet the subject of a
binding contract for their construction, provided that
the level of service (LOS) of any road does not fall
beyond the next lower LOS below the adopted standard
(i.e. LOS standard is "D" peak hour, peak season and
service does not fall below "E" peak hour, peak season).
· Doc.Ref~ CIE
CIE - 2'~ .....
£. The construction of the required facility is included in
the State's Five (5) Year Work Program or the County's
curront fivo (5) yuar Capital Improvemunt Schodulo
adopted as a part of this Growth Management Plan and:
1. The Board of County Commissioners have made an
express finding, after a public hearing, that the
current five (5) year capital improvement schedule
is based on a realistic, financially feasible
program of funding from existing revenue sources;
and
~ 2. The level of service (LOS} on all roads serving
the development will not, at any time, operate
below peak hour, peak season LOS "E"; and
3. The level of service (LOS) on any road serving the
development will not operate at peak hour, peak
season LOS "E" for a period of more than two (2)
years; and
4. A Plan amendment is required to eliminate, defer or
delay construction of any road project in the
Schedule of Capital Improvements which is needed to
maintain the adopted level of service standard. Any
development permit issued pursuant to a concurrency
finding under this section is expressly conditioned
so that the permit shall be suspended and no
further development shall be carried out in the
event any of the following occur without a
corresponding plan amendment:
a. The required facility is ~elayed, deferred or
removed from the five (5} year capital
improvement schedule or the State's five (5)
year work program:
b. Annual funding is insufficient to maintain the
five {5) year capital improvement schedule or
the State's five (5) year program
c. The level of service on any road serving the
development operates below peak hour, peak
.. season LOS "E";
d. The level of service on any road serving the
~ development operates at peak hour, peak season
LOS "E" for a period of more than two (2)
years; and
e. Construction of the required facility or
~' facilities is not undertaken in accordance
with the five (5) year capital improvement
~ schedule or the State's five'(5) year work
~ program.
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CIE- ~3
Policy 1.2.2 The following Levels of Service for drainage are
hereby adopted for the purpose of issuing develop-
ment permits:
A. Future "private" developments - Applicable
South Florida Water Management District
requirements found in Chapter 40E-4 F.~A.C.~.
Sections 40E-4.041, ~0E?053,. 40E-40.302(4)(a
& b}., and 40E-4.091{1)(a) {incorporatin~ by
reference Section 3.2.1. et seQ. "Water
Quantity" of Basis of Review for Surface
Water Manaqement Permit Applications Within
the South Florida Water Manacement District,
Auril 1987I. (Present requirements are a
25-year, 3-day storm event.)
B. Existing "private" developments and existing
or future public drainage facilities - those
existing Levels of Service to be identified
(by design storm return frequency event)
pursuant to the completion of the Water
~. Management Master Plan by July 1, 1989.
~olicy 1.2.3 Enlarge the scope of the Water Management Master
Plan to include recommendations for changing
Levels of Service together with analysis of
capital requirements.
~,. OBJECTIVE 1.3 Beginning with fiscal year 1988-89 a five year
',.: schedule of capital improvement needs for water
':~ management facilities will be maintained and
updated annually in conformance with the review
process for the Capital Improvement Element of
,,~ this plan.
Policy 1.3.1 Develop procedures to update water management
facility demand and capacity information.
Policy 1.3.2 Prepare periodic summaries of capacity and demand
. information for each water management facility and
~. service area.
Policy 1.3.3 Water management capital improvement projects will
be evaluated and ranked according to the priori-
,':' ties stated in the Capital Improvement Element of
Policy 1.3.4 Major emphasis shall be given to improving
existing drainage facilities in and around urban
and e~tates dosignated areas (on th~ adopted
~, Future Land Use Map) to maintain their use.
COt.t.~g, CO~ GRO~ITII ~AG~I~ENT
CONSerVATION AND COASTAL I~NAGE~NT ELE~IENT
~CTI~N I. ~S, OB~CTI~S ~ POlICIeS
~e Co~ty ~hall continue to pl~ for the ~rotect~on,
conse~ation, m~agement and appropriate use oE i~s hat. al
OBJICTI~
1.1 By August 1, 1994, the County will complet~ =he development
and implemen~a~ion o~ a comprehensive envtro~en~al
m~nagement and conservation program that will ensure that
~he natural resources, including species of special status,
of Collier County are properly, appropriately, and
effectively identified, managed, and protected. Species of
special status ara defined as species listed
"o~f~ci~l b~st~ o~ ~4anoered a~d ~0te~t~al!y Endangered
~au~a and Flora ~n Florida"~ published by th~ Florida Game
and Fresh ~ater Fish Ccmmiss~on~
FOLI~
1.1.1 By August 1, 1989, appoint, and establish operational
procedures for a technical advisory committee
advise and ass~s2 2he County ~n 2he activ~ties
involved in =he developmen~ and implementation of the
County Enviro~ental Resources Management Program.
1.1.2 By the time mandated for the adoption of land
development regulations pursuan= 2o Chapter 163.3202,
F.3., including any amendments =hereto incorporate the
goals, ob~ectives, and policies contained within this
Element into the County's land development regulations
as ~ntertm environmental resources pro=ac=ion and
management s~andards.
1.1.3 By January 1, 1990, the County will have in place an
appropria~ely administered and professionally
gover~ental unit capable of developing,
adminis~ering, and providing long-term direction for
the Collier County Enviro~ental Resources Management
Program.
1.1.4 Ensure adequate and effective coordination between 2he
Environmental Resources Management Program staff and
.. all other units of local government involved in land ..
use activities and regulations.
c-I-1
~ .. 1.1.5 Avoid unnecessary duplication of effort and continue
coordination and cooperation with private, Regional
State, and Federal agencies and organizations. Work
~' with other local governments to identify and manage
" shared natural resources.
1.1.6 When developing the County conservation program,
attempt to equitably balance the relationship between
the benoftts derived and the costs incurred to both
the public and private sectors.
1.1.7 By August 1, 1994, complete the phased preparation and
adoption of all natural resources management and
environmental protection standards and criteria needed
for use in the Collier County land development review
process. Implementation shall occur on an annual
basis as standards and criteria are developed.
1.1.8 The County will continue to require the submittal of a
properly prepared (as defined by Count~ Ordinance 77-
60) Environmental Impact Statement for all propose4
developments of ten acres or greater, and a11..propos~d
developments that ~y be determined as environmentally
si~nificant by the County Manager of the Manager's
designees.
OBJECTIFE
1.2 ~y January 15, 1990 have in place the framework for an
': integrated, computer-based environmental resources data
storage, analy:~is, and graphics system.
POLICY
ii.." 1.2.1 As much as possible, ~he system will be compatible and
.~., capable of being tied into existing geographic
information and/or data management systems currently
utilized by the South Florida Water Management
District, Southwest Florida Regional Planning Council,
.,the Florida Departmen~ of Natural Resources, and the
Florida Natural Areas Inventory.
1.2.2 Data gathering will be coordinated with that of
Federal, State and Private resource management
oroanizations to minimize duplication of effort and
enhance the quality of information.
'1.2.3 Collected and/or compiled data will he organized by
established watershed and sub-basin units.
C-I-2
Ivail&ble to both public and private entities in order
to promote and improve local enviroru~ental resources
planning and management.
1.2.5 The system will be maintained by the County staff and
updated on a cooperative basis by qualified public and
private organizations.
OBJECTIFE
1.3 By August 1, 1994, complete the phased dslinsation, data
gathering, management guidelines and implementation of the
County Natural Resources Protection Areas (NRPA) program.
The ~urpose of Natural Resources protection areas w~11 be to
protect endangered or potentially endangered
?o=antiell¥.End%n~ered Fauna and F19ra i~ Florida",
Dg~lfshed by the Florida and Fresh Water Fish Commission}
and their habitats.
POLICY
1.3.1 The program will include the following:
A. Id~ntification of the NRPAs in map form as an
overlay to =he Future Land Use Plan Map~
boundaries of N]~PAs during development permit
ap~licattons~
C. Guidelines and standards for development of
NRPAs including conservation guidelines to
protect natural resource values, to maintain
ecologically functioning systems, and to restore
or mitigate NRPAs already degraded~
D. A review process, integrated into the normal
dev,tlopment application review, to ensure that
the guidelines and standards.are being met and,
in those cases where Environmental Impact
Statements are prepared, that the site-specific
and cumulative environmental impacts of
dew~lopment are being adequately assessed and
addressed;
E. A program to defer development of NRPAa. First
consid~ration should ba fee simple purchase
(based on public ~eferenda' ~pproving and funding
purchases). Other options should include, but
6.1 By August 1, 1992, identif~, define and prepare development
standards and criteria for all important native County
habitats. Until the adoption of specific development
criteria, th~ County will continue to follow current
practices of habitat and species protection through
D..egotiations between County staff and development interests
as part of the public hearinu process. These negotiations
are based on provisions in County Ordinances including
Ordinance 75-21, the Tree Removal,.Ordinance~ Ordinance 77-
~6,..the Environmental. Impact Statement Ordinance~ Ordinance
80-19, the. Coastal.Construction Control Line Ordinance;
Ordinance 82-37, the Exotic Plants Ordinance; and Ordinance
74-9f the Exotic Fish Ordinance.
POLICY
6.1.1 By August 1, 1990, inventory, define and prepare
development standards and criteria, based on the
presence of dominant or indicative species for.
intertidal and coastal strands, undeveloped co&stal
barriers, and xeric scrub habitats, with criteria for
development and standards for land clearing in these
habitat areas.
6.1.2 By August 1, 1991, inventory, define and prepare
development standards and criteria, based on the
presence of dominant or indicative species, for
marine, freshwater, and transitional zone wetlands,
and hardwood hammocks.
6.1.3 By August 1, 1992, inventory, define and prepare
development standards and criteria, based on the
presence of dominant or indicative species, for pine
flatwoods and dry prairie habitats.
6.1.4 All other species associations that may be defined as
a discrete habitat community will be considered for
development criteria and standards for land clearing
as part of this process.
6.1.5 The above developed criteria and stander:ds shall be
modified as appropriate as individual w~ttershed
management plans and NEPAs are developed.
6.1.6 Flexibility, in the form of area trade-offs or
mitigation, should be allowed in the determination of
areas within and among developments to he preserved.
6.1.7 Until definitions for habitat associations and
standards for development are adopted as land
7.3.2 Prepare a guide for homeowners and builders which
explains the need for protecting sea turtles and how
this can be accomplished.
7.3.3 By the time mandated for the adoption of land
development regulations pursuant to Chapter 163.3202,
F.$., including any amendments thereto, the County
will prepare management guidelines to be incorporated
as stipulations for land development orders and to
inform land owners and the general public of proper
practices to reduce disturbances to eagle nests, red-
cockaded woodpecker Florida Panther and wood stork
habitat. By January 1, 1992, the County will complete
the preparation of prepare management guidelines for
other species of special status.
7.3.4 Until management guidelines are prepared, the County
will evaluate and apply applicable recommendations of
Technxdal Assistance to Local Gover~me'n%, protoco±s
4nd U. $. Fish and Wildlife $~rvice federal guidelines
regarding the protection of species of special status
as stipulations to development orderm.
7.3.5 The County's policy is to protect gopher tortoise
burrows wherever they are found. It is recognized,
however, that there will he unavoidable conflicts
which will require relocation of burrows. The
suitability of alternate sites should be evaluated as
to:
A. physical suitability of the site,
B. long-term protection,
C. conflicts with other management objectives for the
land, and
D. costs of relocation.
7.3.6 An-epprepr~ate-pre~e¢~ed ~ species survey to include
at a minimum, species of special status that are known
to inhabit bioloqical communities similar to those
existing on site us~ng-c~rrent-methodo~o~-o~-the and
conducte¢! in accordance with the requirements of the
Florida Game and Fresh Water Fish Commission shall be
required for developments greater than 10 acres as
part of the County's EIS review process.
7.3.7 The County shall notify the Florida Game and Fresh
Water Fish Commission of the existence o! any species
with special status that may be discovered as a result
of the pro,et%ed species survey required in Policy
7.3.6.
~?~v~ The-eoun~y-~ha~-cons~der-recommenda~ons-end
pro~oco}s-o~-~he-P}or~a-6ame-and-Fresh-Wa~er-P~sh
C-IL22
~omm~s~on-aa-to-any-spec~es-w~h-spec~e~-~tatu~-~n
~ssu~ng-deve~cpment-order~-on-proper~y-conta~n~ng
x~d~e-o~-spec~a~-statusv
7.3.8 9 By July 1, 1990, the County will review and revise
- if necessary its existing code ordinances requlat~nq
exotic species {Ordinance 82-37, The Exotic Plant
Ordinance, Ordinance 74-$, The Exotic Fish Ordinance,
Ordinance 82-2, 2he Zon~nq Code), ~hich provide
providing for appropriate prohibitions and
restrictions on the commercial possession, use, and
harvesting of undesirable exotic species, a_As
~dent~fied by ordinance.
7.3.9 The County will support the efEorts of the U.S. Fish
and ~ildl[fe Service's Panther Recovery ~lan by
des[gnatin~ siunificant portions of the known habitat
for the County's Florida Panther as "Areas of
~nvironmental Concern" on the Count~ Euture land use
~ap.
The County shall maintain Collier County's existing air quality.
OBJECTIVE
8.1 All activities in the County shall comply with all
applicable federal and state air quality standards.
POLICY
8.1.1 The County will rely on the Florida Department of
Environmental Regulation, the Florida Division of
Forestry or the local fire departments as appropriate
under their ~urisdiction to permit and visually
inspect the permitted air pollutant sources in the
County.
8.1.2 The fire departments and the County will receive
complaints concerning air pollution problems and refer
them to the Florida Department of Environmental
Regulation, Florida Division of Fore~try, or the local
fire departments as appropriate.
8.1.3 The local fire departments, Florida ~epartment of
Environmental Regulation, and the Florida Division of
· Forestry will investigate and act on complaints that
are called in or referred ~o them.
8.1.4 Automobile emissions will'be reduced by ~he policy of
the Sheriff's Department to stop smoking vehicles and
!/STATE OF FLORIDA )
/ ': C'OuNTY OF COLLIER )
"'.,.:. , ' I, JAMES C. GILES, Clerk of Courtm in and for the
Twentieth Judicial Circuit, Collier County, Florida, do
hereby certify that the foregoing is a true copy of:
Ordinance No.
~htch ~a~ adopted by the Board o~ Count~ Commissioner, on
~: WITNESS my hand and the official seal of the Board of
F~; County Commissioners of Collier County, Florida, this
~ Of May, 1990. ' ·
~; JAMES C. GILES -. ' '..
[~ Clerk of Courts and Cler~.
Ex-off/cio to Board of' ~' ' :' "'. ~.-
~' County Commtsstonors ;'~ .
B~: /s/~aureen I:enyon ' l)l l'.,l~ '
' ~":: Deputy Clerk