Ordinance 2013-13�MHUTM
JAN 2 4
ORDINANCE NO. 13-.13 _
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 INTERGOVERNMENTAL COORDINATION ELEMENT
TO PROVIDE FOR 2011 EVALUATION AND APPRAISAL ;v
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 INTERGOVERNMENTAL
COORDINATION ELEMENT OF THE GROWTH MANAGEMENT
PLAN.
The Board of County Commissioners hereby adopts the amendments to the
Intergovernmental Coordination 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 Slay of January, 2013.
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, CLERK COLLI OUNTY, FLO IDA
By BY:
'. a ty lerk E G X. LLER, ESQ.
t Chairwoman
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Approved as to form and legal sufficiency:
k(44 V,� ,L
Heidi Ashton -Cicko
Managing Assistant County Attorney
Attachment: Exhibit "A"
2011 EAR -BASED ADOPTION - INTERGOVERNMENTAL COORDINATION ELEMENT
Rev. 12/13/12
CP\ 12 -CMP- 00848 \95
This ordinance
r�Mry of St
day of4.
and ocknowiec
f i I Njh LecAived
filed with the
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Exhibit "A"
As approved by CCPC on 10 -30 -12
EAR -based GMP Amendments Intergovernmental Coordination Element - to BCC for Adoption 12 -11 -12
[Revised text, •.g
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COLLIER COUNTY WILL MAINTAIN OR ENHANCE THE LEVEL OF COORDINATION
AND COOPERATION AMONG THE VARIOUS GOVERNMENTS AUTHORITIES AND
AGENCIES MAKING DECISIONS AFFECTING NATURAL RESOURCES HOUSING
HISTORIC AND ARCHAEOLOGICAL RESOURCES PUBLIC FACILITIES AND PUBLIC
SERVICES WITHIN AND AROUND COLLIER COUNTY TO RESOLVE DIFFERENCES
AND TO ACHIEVE COMPATIBLE AND COORDINATED PLANS
OBJECTIVE 1: [Revised text, page 3]
Collier County (County) shall continue to establish and maintain intergovernmental
communication and level of service coordination mechanisms to be used by the County,
Everglades City, the City of Marco Island, the City of Naples, and the City of Bonita Springs,
adjacent Lee County, Hendry County, Broward County, Dade County, Monroe County, the
District School Board of Collier County School Board, the State of Florida, the Florida
Department of Environmental Protection Florida Department of Transportation and South
Florida Water Management District, and any other entity that provides a service but may not
have land use authority.
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Policy 1.2: [Revised text, page 3]
The Collier County Comprehensive Planning Deponent Section shall be the designated liaison
to disseminate information on proposed Growth Management Plan amendments under review by
the County, which have the potential to affect any of the entities listed in Objective 1.
Policy 1.3: [Revised text, page 3]
The Collier County Comprehensive Planning Departs Section shall continue to prepare and
review the Annual Update and Inventory Report (AUIR) as an annual level of service monitoring
report for the capital facilities included within the Growth Management Plan. The purpose of
this report is to provide the affected entities with the necessary information to evaluate and
coordinate level of service standards.
BCC ADOPTION Words underlined are added; words skuGk t#reUgh are deleted.
Exhibit "A"
As approved by CCPC on 10 -30 -12
EAR -based GMP Amendments Intergovern mental Coordination Element — to BCC for Adoption 12 -11 -12
* ** * ** * ** * ** * ** text break * ** * ** * ** * ** * **
OBJECTIVE 2: [Rephrased to improve format as an "objective ", page 3]
The -Couffty s hal" Coordinate 49 County land use planning strategy, including an assessment of
proposed development, with that of other governmental and private entities.
Policy 2.1: [Revised text, page 4]
Collier County will continue to identify, develop, and pursue areas where intergovernmental land
use planning and level of service agreements are needed between the County and respective
appropriate governmental or private entities.
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Policy 2.6: [Revised text, page 4]
The County shall continue to coordinate with The District School Board of Collier County for
collaborative planning and decision making on population projections, the public school site
selection for new public educational and ancillary facilities, and the location and extension of
public facilities subject to concurrency, to support existing and proposed public educational
facilities in aeeer-danee with the gener-a4 later-leeal Agnement adopted en May 15, 2003 by
Collier- County Seheel Beafd and on May 27, 2003 by the Board ef Couffty C . . &,-and
as subsequently amended and restated, with an effeetive date ef Peeember- 2008, and the Seheel
Beafd Review (SBR) later-leeal Agreement adopted off May 15, 2003 by the Gellier- Cou
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Policy 2.8: [Revised text, page 4]
The County shall coordinate with the South Florida Water Management District and other
regulatory agencies in implementing the Growth Management Plan.
Policy 2.9: [Revised text, page 4]
The County shall continue to coordinate with The District School Board of Collier County for
the regulatory review of residential development for school concurrency in aeeer-danee with
Seeti n 163.3180(13) Fi a Statutes.
OBJECTIVE 3: [Rephrased to improve format as an "objective ", page 5]
Collier- Ceenty shall a Develop procedures to identify and implement joint planning areas for the
purposes of municipal annexation, municipal incorporation and joint infrastructure services
areas.
BCC ADOPTION Words underlined are added; words stFUsk thFNgb are deleted.
Pa
Exhibit "A"
As approved by CCPC on 10 -30 -12
EAR -based GMP Amendments Intergovernmental Coordination Element — to BCC for Adoption 12 -11 -12
Policy 3.1 [Revised text, page 5]
[Revised further per DEO Comment]
Based upon Seetion 9i 5.015 (3)(e) 4 , ;lend a - Section 163.3177(h) Florida
Statutes, Collier County shall work with the local municipalities to identify and implement joint
planning areas and/or joint infrastructure service areas for the purpose of planning for potential
future municipal annexation of such areas. The identified joint planning areas and/or joint
infrastructure service areas shall be depicted on the County's Future Land Use Map series.
G:\CDES Planning Services\ComprehensiveQ011 EAR -BASED GMP AMENDMENTS\BCC Adoption - EAR -based GMPAs\elements\ICE_BCC adoptn - CV111-
1 ICE Exhibit A EAR to BCC for Adoption.docx
CV, Cs
BCC ADOPTION Words underlined are added; words strUstEthFOUgh are deleted.
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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 -13
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 ,,Of
County Commissioners'. f
By: Ann Jenne=j hn,
A
Deputy Cle }¢`