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Ordinance 2013-41ORDINANCE NO. 13- 41 s - -i N ORDINANCE AMENDING ORDINANCE NO. 89 -05, AS MENDED, THE COLLIER COUNTY GROWTH MANAGEMENT PLAN FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, SPECIFICALLY AMENDING THE FUTURE LAND USE ELEMENT FUTLE$E_ LAND USE MAP (FLUM) TO CHANGE THE DESIGNATIONrpj THE GORDON RIVER GREENWAY PARK TO 'F CONSERVATION DESIGNATION; PROVIDING fQR -- SEVERABILITY; AND PROVIDING FOR AN EFFEC DATE. ;r A c:7-1 WHEREAS, Collier County, pursuant to Section 163.3161, et. sea., Flori&r9tatut'es, the Community Planning Act, formerly the Florida Local Government Comprehensive Planning and Land Development Regulation Act, was required to prepare and adopt a comprehensive plan; and WHEREAS, the Collier County Board of County Commissioners adopted the Collier County Growth Management Plan on January 10, 1989; and WHEREAS, the Community Planning Act of 2011 provides authority for local governments to amend their respective comprehensive plans and outlines certain procedures to amend adopted comprehensive plans; and WHEREAS, Collier County has prepared plan amendments to the Future Land Use Map (FLUM) to change the designation of the Gordon River Greenway to the conservation designation; and WHEREAS, Collier County transmitted the Growth Management Plan amendments to the Department of Economic Opportunity for preliminary review on January 9, 2013 after public hearings before the Collier County Planning Commission and the Board of County Commissioners; and WHEREAS, the Department of Economic Opportunity reviewed the amendments to the Future Land Use Map (FLUM) to the Growth Management Plan and transmitted its comments in writing to Collier County within the time provided by law; and WHEREAS, Collier County has 180 days from receipt of the 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, Collier County has gathered and considered additional information, data and analysis supporting adoption of these amendments, including the following: the Collier County Staff Report, the documents entitled Collier County Growth Management Plan Amendments, and other documents, testimony and information presented and made a part of the record at the Words underlined are added; words struck- through are deleted; Page 1 of 3 row of asterisks ( * * *) denotes break in text CA public hearings of the Collier County Planning Commission held on April 4, 2013, and the Collier County Board of County Commissioners held on May 28, 2013; and WHEREAS, all applicable substantive and procedural requirements of law have been met. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: ADOPTION OF AMENDMENTS TO THE GROWTH MANAGEMENT PLAN The Board of County Commissioners hereby adopts these amendments to the Future Land Use Map (FLUM) in accordance with Section 163.3184, Florida Statutes. The amendment is 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 this plan amendment, if the amendment is 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, this amendment 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 this amendment 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, Florida this 28`" day of May, 2013. ATTEST: DWIGHT E. BROCr, ,CLERK i 44u erk man's..: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA I o M Words underlined are added; words struck - through are deleted; Page 2 of 3 row of asterisks ( * * *) denotes break in text (?` '1 Approved as to form and legal sufficiency: �L, 'Ll A o He di Ashton -Cicko Managing Assistant County Attorney CP \12 -CMP -00863\23 -Rev. 05/07/13 This !!Tr tordinance filed with the �cy of is Oif! the and acknowledgement a tt Ihatt fi I ircm ived Ihis day o ..,- ey Words underlined are added; words struck - through are deleted; Page 3 of 3 row of asterisks ( * * *) denotes break in tent ` T T 53 S T 52 S T 51 S T 50 S T 49 S T 48 S ( T 47 S T 46 S Vi C a z g�aE$ Cn ti 10 oNmM c m 0 0x� ca s p IJ x• © R i?� m As Q m 4n > CO) _ m V 13 LL* S N m m N I� m 9 m N S iJ m 9 4f m t� 111 9 j a A 2 to O m 9 Z �m >, y 2 A � a N S 99 1 S Z9 1 S t9 1 S 08 1 S 64 1 /' mI m 9 m Rg MMMii /,Mr■ M ;Lg00El 5 pit! E S TA o MEN ■I❑ WWM 10M 'I ®W■ 3 asR� �a INS F $ z� Frq F��g o Qg �QgQ o,ny Fg p of DT a J ® Iwo i ❑ j;-, � ®■ m tja ! y gg gg A > 19 s m z $ 3 F � t 8 c z c t S 8► 1 S L► 1 S 9► 1 1 m X E D n D 7 0 g6 F gRg aA i° n�° A - S 99 1 S Z9 1 S t9 1 S 08 1 S 64 1 /' mI m 9 m Rg MMMii /,Mr■ M ;Lg00El 5 pit! E S TA o MEN ■I❑ WWM 10M 'I ®W■ 3 asR� �a INS F $ z� Frq F��g o Qg �QgQ o,ny Fg p of DT a J ® Iwo i ❑ j;-, � ®■ m tja ! y gg gg A > 19 s m z $ 3 F � t 8 c z c t S 8► 1 S L► 1 S 9► 1 1 m X E D n D 7 0 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 -41 which was adopted by the Board of County Commissioners on the 28th day of May, 2013, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 30th day of May, 2013. DWIGHT E. BROCK Clerk of Courts and Clerk Ex- officio to Board of County Commissi,o;]IleY.,' 5 By: Ann Jehne j ohn', Deputy Clerk,