Ordinance 2013-07JAS! 2 4 A
ORDINANCE NO. 13 - o 7
J ORDINANCE AMENDING ORDINANCE NUMBER 89 -05,
A AMENDED, THE COLLIER COUNTY GROWTH
NAGEMENT PLAN FOR THE UNINCORPORATED_
AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING
THE DRAINAGE SUBELEMENT OF THE PUBLIC
FACILITIES ELEMENT TO PROVIDE FOR 2011
EVALUATION AND APPRAISAL REPORT (EAR) BASED
AMENDMENTS TO THE GROWTH MANAGEMENT PLAN;
BY PROVIDING FOR SEVERABILITY; AND BY PROVIDING
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 2011 -12 plan amendment process; and
WHEREAS, Collier County did submit the 2011 -12 Growth Management Plan
amendments to the Department of Economic Opportunity for preliminary review on May 03,
2012; and
WHEREAS, the Department of Economic Opportunity did review and did not make
written objections to the 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 60 days from receipt of the Objections,
Recommendations and Comments Report from the Department of Economic Opportunity to
adopt, adopt with changes or not adopt the proposed amendments to the Growth Management
Plan; and
WHEREAS, the Collier County Planning Commission held a public hearing on the
adoption of the amendments to the Growth Management Plan on October 30, 2012; 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
amendments to the Growth Management Plan on January 8, 2013; and
met.
WHEREAS, all applicable substantive and procedural requirements of law have been
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
Words underlined are added; words struck through are additions; words with 1
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SECTION ONE: ADOPTION OF AMENDMENTS TO THE DRAINAGE SUBELEMENT OF
THE PUBLIC FACILITIES ELEMENT OF THE GROWTH
MANAGEMENT PLAN.
The Board of County Commissioners hereby adopts the amendments to the Drainage
Subelement of the Public Facilities Element attached hereto as Exhibit "A" and incorporated
herein by reference.
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 these plan amendments, if the amendments are not timely
challenged, shall be 31 days after the state land planning agency notifies the local government
that the plan amendment package is complete. If timely challenged, these amendments 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 these amendments 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 state
land planning agency.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County this Today of January, 2013.
ATTEST:
DWIGHT E. BROCK, CLERK
By:
it01��L'IMrl, ��+
BOARD OF COUNTY COMMISSIONERS
COLLIER O TY, LORIDA
BY:
GWRGYAtA. HILLER, ESQ.
Chairwoman
Words underlined are added; words struck through are additions; words with 2
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Approved as to form and legal sufficiency:
Nt,t,A,
Heidi Ashton -Cicko
Managing Assistant County Attorney
Attachment: Exhibit "A"
This ordinance filed with the ilm—_ ary of tote's Office the
day o3 that
and acknowledgem
filing received this day -
2011 EAR -BASED ADOPTION - DRAINAGE SUBELEMENT OF THE PUBLIC FACILITIES ELEMENT
Rev. 12/13/12
CP\ 12 -CMP- 00848 \89
Words underlined are added; words struck through are additions; words with
* * * indicates a page break
Exhibit "A"
As approved by CCPC on 10 -30 -12
EAR -based GMP Amendments Stonnwater Management Sub - Element - to BCC for Adoption 12 -11 -12
GOALS, OBJECTIVES AND POLICIES [Revised text, page 3]
GOAL: [Rephrased to improve format as a "goal ", revised text, page 3]
COLLIER GOUNTY 914A]6-1 TO PROVIDE STORMWATER MANAGEMENT FACILITIES
AND SERVICES FOR DRAINAGE AND FLOOD PROTECTION FOR EXISTING AND
FUTURE DEVELOPMENT, MINIMIZE THE DEGRADATION OF QUALITY OF
RECEIVING WATERS AND SURROUNDING NATURAL AREAS AND PROTECT THE
FUNCTIONS OF NATURAL GROUNDWATER AQUIFER RECHARGE AREAS.
OBJECTIVE 1 (CAPITAL FACILITYPLANNING FOR DRAINAGE SYSTEMS):
[Rephrased to improve format as an "objective ", revised text, page 3]
The County shall u Utilize the Annual Update and Inventory Report on Public Facilities (AUIR)
process to update the Drainage Atlas Maps County Geographic Information System and
Channel /Structure Inventory components of the adopted Water Management Master Plan and to
verify the existing watershed basin boundaries within Collier County. The County will also
verify the design storm capacity of the drainage facilities within each basin, and determine the
costs necessary to maintain the facility capacities to selected design storm standards. This
information shall be used to program operational funds in the Annual County Budget and to
identify necessary capital projects and basin studies in the Annual Capital Improvement Element
I i update and A amendment.
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Policy 1.2: [Revised text, page 3]
County drainage system and stormwater management network capital facility planning shall be
designed to implement procedures and projects in a manner to ensure that adequate stormwater
management facility capacity is available at the time a development permit is issued, or that such
capacity will be available when needed to serve the development.
Policy 1.3: [Revised text, page 3]
The County shall continue to develop public drainage facilities and stormwater management
network, which maintain the groundwater table as a source of recharge for the County's potable
water aquifers, provide a source of irrigation water for agricultural, horticultural and golf course
operations and provide water to native vegetation.
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OBJECTIVE 2: Rephrased to improve format as an "objective ", revised text, page 41
The County shall m Maintain adopted drainage level of service standards ns and sub -
basins identified in the Water Management Master Plan. Maintenance of the drainage level of
service (LOS) identified for each basin will be implemented through the watershed management
Words underlined are added; words ugh are deleted.
BCC ADOPTION
Exhibit "A"
As approved by CCPC on 10 -30 -12
EAR -based GMP Amendments Stormwater Management Sub- Element - to BCC for Adoption 12 -11 -12
planning process identified within Goal 2 of the Conservation and Coastal Management Element
of this Growth Management Plan.
Policy 2.1: [Revised text, pages 4, 5, 6]
level ef sef-viee will be modified, if .
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BCC ADOPTION 2
VON.
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.. . _
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Words underlined are added; words strask through are deleted.
BCC ADOPTION 2
Exhibit "A"
As approved by CCPC on 10 -30 -12
EAR -based GMP Amendments Stormwater Management Sub - Element — to BCC for Adoption
12 -11 -12
Policy 2.1:
The levels of service standards (LOSS) for drainage facilities and stormwater management
systems appear in Policy 1.5, subsection "C" in the Capital Improvement Element.
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OBJECTIVE 3: [Rephrased to improve format as an "objective ", revised text, page 6]
The Ceea", shall m Maintain and annually update a five -year schedule of capital improvements
for water management facilities in conformance with the annual review process described within
the Capital Improvement Element of the Growth Management Plan.
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Policy 3.4: [Revised text, page 6]
County improvements to, and maintenance of, existing drainage facilities shall be a priority over
new construction projects in the urban and estates designated areas: Southern
Golden Gate Estates is no longer open to development, so no facilities have priority there).
Words underlined are added; words strusk t#reugh are deleted.
BCC ADOPTION 3
Exhibit "A"
As approved by CCPC on 10 -30 -12
EAR -based GMP Amendments Stormwater Management Sub- Element— to BCC for Adoption 12 -11 -12
OBJECTIVE 4: [Rephrased to improve format as an "objective ", revised text, pages 6, 71
The Geow), shall d Develop and maintain policies and programs to correct existing deficiencies
and to provide for future facility needs in accordance with the annual work program referenced in
the adopted Water Management Master Plan.
Policy 4.1: [Revised text, page 71
Alyk h the Big Cypress l3asip4euth Fier -id WfAe« Management Di t..' t 5 V . Plan.
County capital stormwater management projects shall be undertaken in accordance with the
schedule provided in the Capital Improvement Element of this Plan. These projects shall be
undertaken in coordination with the Big Cypress Basin Strategic Plan.
Policy 4.2: [Revised text, page 7]
Collier County shall correct existing deficiencies and provide for future water management
facility needs through the formulation and implementation of an annual work programs. In order
to implement the annual work program, the County shall encourage the use of innovative funding
mechanisms including, but not limited to special taxing or assessment districts.
Policy 4.3: [Revised text, page 7]
The County shall develop and maintain a stormwater management public awareness program,
which will include, but not necessarily be limited to, a Collier County Stormwater Management
website. The primary purpose of this program shall be to provide information regarding the
County's stormwater management programs to the general public including, but not limited to,
the environmental enhancements that will result from the use of total water management
concepts within the existing drainage and stormwater management network.
OBJECTIVE 5: [Rephrased to improve format as an "objective ", revised text, page 7]
Regulate land use and development in a manner that protects the
functions of natural drainage features, the stormwater management network and natural
groundwater aquifer recharge areas. Implementation of this Objective will be consistent with the
Watershed Management Planning process identified within Goal 2 of the Conservation and
Coastal Management Element of the Growth Management Plan, and with relevant provisions
contained within the adopted Land Development Code (Ordinance Number 2004 -41, as
amended).
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Policy 5.2: [Revised text, page 7]
Based upon the periodic review described in Policy 5. 1, the County shall develop any appropriate
new ordinances and regulations that are necessary to ensure protection of the functions of natural
Words underlined are added; words s#askthrough are deleted.
BCC ADOPTION 4
Exhibit "A"
As approved by CCPC on 10 -30 -12
EAR -based GMP Amendments Stormwater Management Sub - Element - to BCC for Adoption 12 -11 -12
drainage features, the stormwater management network and natural groundwater aquifer recharge
areas.
OBJECTIVE 6: [Rephrased to improve format as an "objective ", revised text, page 7]
The Geunty shall p Protect the functions of natural drainage features through the application of
standards that address the quality and quantity of discharge from stormwater management
systems. Implementation of this Objective will be consistent with the watershed management
planning process identified within Goal 2 and Objective 2.1 of the Conservation and Coastal
Management Element of the Growth Management Plan. This objective is made measurable
through the following policies:
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Policy 6.2: [Revised text, page 8]
[Revised further per SFWMD and DEO Comments]
Collier County's retention and detention egeite eats criteria shall bey one hundred
and fift percent 150 %) of these the water quality volumetric requirements provided in Seetien
5.'.') e= the Basis of Review for Environmental Resource Permit Applications Within the
South Florida Water Management District, (2012), or its successor,
M,.....gement DiStFi6`9S, Basis of Review, as it existed at the time of project approval.
Policy 6.3: [Revised text, pages 8, 9]
[Revised further per SFWMD and DEO Comments]
Allowable off -site discharge rates shall be computed using a storm event of 3 day duration and
25 year return frequency. The allowable off -site discharge rates are as follows:
a. Airport Road North Sub -Basin
0.04 cfs /acre
(North of Vanderbilt Beach Road)
b. Airport Road South Sub -basin
0.06 cfs /acre
(South of Vanderbilt Beach Road)
c. Cocohatchee Canal Basin
0.04 cfs /acre
d. Lely Canal Basin
0.06 cfs /acre
e. Harvey Basin
0.055 cfs /acre
f. Wiggins Pass Basin
0.13 cfs /acre
g. All other areas
0.15 cfs /acre
The County may exempt projects from these allowable off -site discharge rates if any of the
following applies:
� _ . �
Words underlined are added; words strUGk thmygh are deleted.
BCC ADOPTION
Exhibit "A"
As approved by CCPC on 10 -30 -12
EAR -based GMP Amendments Stormwater Management Sub - Element - to BCC for Adoption 12 -11 -12
3 1. The project is part of an existing SFWMD permit, which allows discharge rates different
than those listed above.
3 2. It can be documented that the project currently discharges off -site at a rate higher than
those listed above. The documentation required for this purpose shall be prepared by a
registered professional engineer, and will consist of an engineering study which utilizes the
applicable criteria in the " SFWMD Basis of Review for Environmental Resource Permit
Applications ". The study shall be subject to review and approval by the County and
SFWMD staff. The study shall include the following site - specific information:
a. Topography
b. Soil types and soil storage volume
c. Vegetation types
d. Antecedent conditions
e. Design rainfall hydrograph
f. Depression storage capacity
g. Receiving water hydrograph, and
h. Other relevant, appropriate and professionally accepted hydrologic and hydraulic data.
Using the above information, a hydrologic and hydraulic model shall be developed which
demonstrates the higher off -site discharge rate.
GXDES Planning Services \Comprehensive\2011 EAR -BASED GMP AMENDMENTS \BCC Adoption - EAR -based GMPAsWlements \Stonnwater_BCC adopts
- CST-11 b EAR Stormwater Exhibit A to BCC for Adoption.dom
Words underlined are added; words strask-through are deleted.
BCC ADOPTION 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 2013 -07
which was adopted by the Board of County Commissioners
on the 9th day of January, 2013, during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 14th
day of January, 2013.
DWIGHT E. BROCK
Clerk of Courts and Clerk
Ex- officio to Bo. 4 pf
County Commiss�o.ners
By: Ann eohnh.
Deputy Clerk;