Ordinance 2013-11ORDINANCE NO. 13- 1 1
AN ORDINANCE AMENDING ORDINANCE NUMBER 89 -05
AS AMENDED, THE COLLIER COUNTY GROWTH
MANAGEMENT PLAN FOR THE UNINCORPORATED
AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING
THE RECREATION AND OPEN SPACE ELEMENT TO
PROVIDE FOR 2011 EVALUATION AND APPRAISAL
REPORT (EAR) BASED AMENDMENTS TO THE GROWTH— ,,
MANAGEMENT PLAN; BY PROVIDING FOR' i_`
SEVERABILITY; AND BY PROVIDING AN EFFECTIVE
DATE.
a�
co
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 RECREATION AND OPEN
SPACE ELEMENT OF THE GROWTH MANAGEMENT PLAN.
The Board of County Commissioners hereby adopts the amendments to the Recreation
and Open Space 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 'I 'day of January, 2013.
ATTEST:
DWIGHT E. BROCK CLERK
By J r
BOARD OF COUNTY COMMISSIONERS
COLLIE OUNTY, LORIDA
BY:
GEQYQIA A/HILLER, ESQ.
Chairwoman
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Approved as to form and legal sufficiency:
,�L I, - �i� YL,
eidi Ashton -Cicko v 1
Managing Assistant County Attorney
Attachment: Exhibit "A"
This May ordinance
ry of St t Of/ i e l i3
2f j that
and acknowledgem�daY
filina received thnr.2
8Y-
2011 EAR -BASED ADOPPTION- RECREATION AND OPEN SPACE ELEMENT
Rev. 12/13/12
CP\ 12 -CMP- 00848 \93
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* * * indicates a page break
Exhibit "A"
As approved by CCPC on 10 -30 -12
EAR -based GMP Amendments Recreation & Open Space Element — to BCC for Adoption 12 -11 -12
INTRODUCTION: [Revised per DEO Comment, page 1, paragraph I]
Chapter 163.3177(6)(e), Florida Statutes, requires each local government comprehensive plan to
have "a recreation and open space element indicating a comprehensive system of public and
private sites for recreation, including, but not limited to, natural reservations, parks and
playgrounds, parkways, beaches and public access to beaches, open spaces, and other
recreational facilities." Howey , 'r°" cr 9i 5.014, Fier- ida- Admirnr,,{r-a4iye Cede, whieh
view of lee-el Reer-eafien-and Open Spaee Elements, has been deleted -- s,_w While the
Recreation and Open Space Element remains a requirement for local comprehensive plans in the
State of Florida, the format and contents of such an Element may be tailored to local needs,
provided that the intent of the Statute is met. This Recreation and Open Space Element was
meently updated, as recommended by the Community Character/ Smart Growth Advisory
Committee, by Ordinance No. 2003 -67, adopted on December 16, 2003, to further implement the
Collier County Community Character Plan and "Smart Growth" principles.
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GOAL 1: [No change to text, page 21
PROVIDE SUFFICIENT PARKS, RECREATION FACILITIES AND OPEN SPACE AREAS
TO MEET THE NEEDS OF RESIDENTS AND VISITORS OF COLLIER COUNTY.
OBJECTIVE 1.1: [No change to text, page 2]
Continue to ensure that a comprehensive system of parks and recreation facilities is available
from among facilities provided by the County, other governmental bodies and the private sector.
Policy 1.1.1: [Revised text, page 2]
Collier- Geua4y hereby adepts the felleA4ag level ef sen,iee standards for- faeflifies and 1
owned by the County or- available te the gener-al publie! -
.. WATATAIMMM
• ATAT!
The standards for levels of service (LOS) of CouM parks and recreation facilities appear in
Policy 1.5; subsection "G" in the Capital Improvement Element and shall be used as the basis for
determining the availability of facility capacity and the demand generated by a development.
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Pohey ... [Policy deleted, page2]
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BCC ADOPTION
Exhibit "A"
As approved by CCPC on 10 -30 -12
EAR -based GMP Amendments Recreation & Open Space Element — to BCC for Adoption 12 -11 -12
Policy 1.1.5 b: [Renumbered Policy, page 3]
OBJECTIVE 1.2: [No change to text, page 3]
Protect designated recreation sites and open space from incompatible land uses through
development of appropriate design criteria and land use regulations.
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OBJECTIVE 1.3: [No change to text, page 3]
Continue to ensure that all public developed recreational facilities, open space and beaches and
public water bodies are accessible to the general public.
Policy 1.3.1: [Revised text, page 3]
County -owned or managed parks and recreation facilities shall have automobile, bicycle and/or
pedestrian access, where the location is appropriate and where such access is economically
feasible, with specific consideration given to alternative forms of transoortation that would
reduce VMT and green house gas.
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OBJECTIVE 1.4: [No change to text, page 3]
Policy 1.4.1: [Revised text, page 3]
Through the land development review process, Collier County shall continue to encourage
developers to provide recreation sites and/or facilities within residential and mixed use Planned
Unit Developments (PUDs), where appropriate.
Policy 1.4.2: [Revised text, pages 3, 4]
Collier County shall continue to coordinate the provision of recreational facilities and activities
with other governmental jurisdictions that own or operate such facilities and activities within, or
adjacent to, Collier County. Said Bever- ental entities shall inek� but not
limited too
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BCC ADOPTION 2
._
NMA
M, 71
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BCC ADOPTION 2
fRl�lli�Atii�i
NMA
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BCC ADOPTION 2
Exhibit "A"
As approved by CCPC on 10 -30 -12
EAR -based AMP Amendments Recreation & Open Space Element — to BCC for Adoption 12 -11 -12
OBJECTIVE 1.5: [No text change, page 4]
Through the PUD monitoring process, Collier County shall continue to enforce developer
commitments for the provision of parks, recreation facilities and open space.
Policy 1.5.1: [Revised text, page 4]
Collier County shall maintain a current inventory of recreational facility and usable open space
commitments made by developers through the development review process.
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OBJECTIVE 1.6: [No text change, page 4]
Whenever possible and practical, utilize County owned property for recreational uses.
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[Deleted GOAL 2. goal, page '
ME-
MEN • __\ •_ •
Abjeetive-2-i [Deleted objective, page 4]
By the year- 2010, the Geenty Parks and Reer-eafien Depaftment wili idenfi6, general areas where
ght . st sites f a,.,,. „t,ber-> eed pafks.
[Deleted policy, page 4]
The Parks and Recreation Department will identify these Pal areas fef neighbor-heed
parks with eitizen input to detefmine the types of feefeatie-n-Al tZkilitties paf4ieular eemmunities
.,la 1;Le to „ „thin thei« „ x.1,1.,.. -1,, eds
PoHey .. [Relocated policy, page 5]
guests The Gowity shall affiend the band Development Code to fequife the developef of a Fesidefitial
park, suitable neighbefheed detemiined on a ease by case basis, Nyhieh is, as required by
Peliey&4 in the Futur-e Land Use Element, eempatiblewith the stirfounding development
Pelie), 2.”: [Deleted policy, page 5]
New neighbeFheod par-ks will be ear-efully sited and intentional!), ifltegfated into existing
residential neighbor-hoods, and shall be designed aec-efdoing to !he principles of Crime PfeN,enfiefl
Thr-ough F-fivir-enmental Design (CPT-ED), where these prineiples are appr-opfiate and
other- r-ee-feational fa ies.
Polley 2.1-4: [Deleted policy, page 5]
The Cotinty shall investiga4e the utilization of tax er-edits or- other- ineentives t:br- pr-opef4y owners
whe wish to dedicate land to the County to meet the Feer-eational needs of neighbor-hood par-lks.
Words underlined are added; words stFUGk through are deleted.
BCC ADOPTION 3
Exhibit "A"
As approved by CCPC on 10 -30 -12
EAR -based GMP Amendments Recreation & Open Space Element — to BCC for Adoption 12 -11 -12
°" "ey 2.- .- . [Deleted policy, page 5]
The County shall eneoufage the development of pedestrian pathways and bilEe lanes ffom the
sufrounding al eemmtmifies to pafk site-s-.
[Renumbered GOAL 3— & revised goal, p...
GOAL 3 2:
THE COUNTY SHALL PROMOTE A PARK SYSTEM THAT INCLUDES REGIONAL,
COMMUNITY AND NEIGHBORHOOD PARKS WITH PEDESTRIAN PATHWAYS AND
BIKE LANES TO PROVIDE USEABLE OPEN SPACE TO MEET THE RECREATIONAL
NEEDS OF RESIDENTS WITHIN THE COMMUNITY. REGIONAL AND COMMUNITY
PARK DEVELOPMENT WILL BE BASED ON THE LEVEL OF SERVICE STANDARD
(LOSS) CONTAINED IN THE CIE.
OBJECTIVE 32.1: [Renumbered and revised text, page 5]
By the y-ear 20 1. In 2011, the Parks and Recreation Department developed a Community
and Regional Park Plan to provide larger parks and recreational facilities as well as passive open
space within a 15 to 20 minute drive of residents within the coastal Urban Designated Area, the
Immokalee Urban Designated Area, and Northern Golden Gate Estates (this excludes
Conservation designated areas, Agricultural/Rural designated areas, Southern Golden Gate
Estates, and the outlying Urban Designated Areas of Copeland, Port of the Islands, Plantation
Island and Chokoloskee). This plan will- includes the identification of future community and
regional park sites (or general areas), park improvements, cost estimates, and potential funding
sources. The principles of Crime Prevention Through Environmental Design (CPTED) will be
integrated into the planning and development of the Community and Regional Park sites.
Policy 32.1.1:
Policy 32.1.2:
Policy 32.1.3:
[Renumbered text, page 51
[Renumbered text, page 6]
[Renumbered text, page 6]
Policy 32.1.4: [Renumbered and revised text, page 6]
The County shall continue to update parks and recreation impact fees to beep - pace -mot#
inefease i appropriately reflect land acquisition and development costs for the establishment of
community and regional parks.
Policy 32.1.5: [Renumbered text, page 6]
Policy 32.1.6: [Renumbered text, page 6]
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BCC ADOPTION 4
Exhibit "A"
As approved by CCPC on 10 -30 -12
EAR -based GMP Amendments Recreation & Open Space Element — to BCC for Adoption 12 -11 -12
Policy 32.1.7: [Renumbered and revised text, page 6]
By the 201 O-t The Parks and Recreation Department and the Transportation Services
Division will continue to investigate the utilization of the existing canal and power line
easements to create a greenway system within the coastal Urban Designated Area, the
Immokalee Urban Designated Area, and Northern Golden Gate Estates (this exek%les
Censei=vafion designated e&eas. Agr-ieultur-aVRural designated areas, Setithem Golden Gate
Estates, and the etAlYing Urban designa4ed areas of Copeland, Peft of the islands, Plantatien
island and Chokelesk as detailed in the adopted Community and Res;ional Parks Master Plan.
G:ICDES Planning ServiceslComprehensive12011 EAR -BASED GMP AMENDMENTSIBCC Adoption - EAR -based GMPAslelementMROSE_BCC adoptn -
MB111 -1 ROSE Exhibit EAR to BCC for Adoption.docx
MB, cs
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BCC ADOPTION 5
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 -11
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 ': ar1q= Clerk
Ex- officio to �oar�,d of
County Commission*rs
C .
By: Ann Jennejohn,
Deputy Clerk