Ordinance 2001-011AN ORDINANCE AMENDING THE FUTURE LAND
ELEMENT OF ORDINANCE 89-05, AS AMENDED,
COLLIER COUNTY GROWTH MANAGEMENT PLAN, FOI
THE UNINCORPORATED AREA OF COLLIE'R COUNTY
FLORIDA, BY CORRECTING SCRIVENER'S ERRORS ON
THE FUTURE LAND USE MAP; PROVIDING FOR
SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, on April 6, 1996, Collier County adopted an Evaluation and Appraisal Report
(EAR) for its Growth Management Plan (GMP) as required by Section 163.3191, Florida Statutes;
and
WHEREAS, on November 14, 1997, Collier County adopted the EAR-based amendments
to its Growth Management Plan; and
WHEREAS, on December 24, 1997, the Department of Community Affairs (DCA) issued
its Notice and Statement of Intent to find certain of the EAR-based Objectives and Policies to the
Growth Management Plan not in compliance as defined by Section 163.3184(1)(b), Florida
Statutes; and
WHEREAS, pursuant to Subsection 163.3184(10)(a), Florida Statutes, the DCA petitioned
for a formal administrative hearing to review the EAR-based amendments found in non-
compliance; and
WHEREAS, the petition was forwarded to the Division of Administrative Hearings
(DOAH), an Administrative Law Judge was assigned and a five-day formal administrative hearing
took place in May 1998; and
WHEREAS, the Administrative Law Judge issued a Recommended Order on March 19,
1999, finding the EAR-based amendments at issue in non-compliance; and
WHEREAS, the matter was considered by the Governor and Cabinet sitting as the
Administration CommisSion on June 22, 1999 pursuant to Subsection 163.3184(10)(b), Florida
Statutes; and
WHEREAS, pursuant to Subsection 163.3184(11), Florida Statutes, the Administ~tion
Commission is authorized to take final agency action regarding whether or not comprehensive" ;"'I
plan amendments are in compliance; and ,~ ~
WHEREAS, the Administration Commission, upon review of the Re~;ord o~: :the.=~-~
administrative hearing, the Recommended Order including the Findings of Fact and~hcldSlons
of Law contained therein also found the EAR-based objectives and policies at issue not in
compliance; and
WHEREAS, the Administration Commission on June 22, 1999 en{ered a Final Order
directing Collier County to adopt Remedial Amendments to the Growth Management Plan by
November 30, 1999; and
WHEREAS, Collier County prepared, and the Collier County Planning Commission
considered, the proposed Remedial Amendments to the Growth Management Plan pursuant to
the authority granted to it by Section 163.3174, Florida Statutes, and recommended approval of
said Remedial Amendments to the Board of County Commissioners; and
WHEREAS, the Collier County Board of County Commissioners reviewed the Remedial
Amendments on November 23, 1999 and transmitted the same to the DCA; and
WHEREAS, upon receipt of Collier County's proposed Remedial Amendments, the DCA
reviewed the Remedial Amendments as set forth in Section 163.3184, Florida Statutes; and
WHEREAS, the Department of Community Affairs made written objections to these
Remedial Amendments to the Growth Management Plan and transmitted the same in writing to
Collier County within the time provided by law; and
WHEREAS, the Board of County Commissioners of Collier County adopted the Remedial
Amendments to the Growth Management Plan on May 9, 2000; and
WHEREAS, the Department of Community Affairs reviewed these amendments to the
Growth Management Plan, and subsequently issued its Notice and Statement of Intent to find
the Remedial Amendments in compliance; and
WHEREAS, certain map references were omitted on the Future Land Use Map, that
include: the Traffic Congestion Boundary; shading for South Golden Gate Estates representative
of the Estates Designation; and, the inclusion of certain properties within the Belle Meade Natural
Resource Protection Area (NRPA) that were exempt from the operation of the Final Order due to
having a completed application for conditional use for a golf course submitted to Planning Staff
prior to June 22, 1999 and constitute scrivener's errors; and
WHEREAS, the Local Government Comprehensive Planning and Land Development
Regulation Act of 1985 provides authority for local governments to amend their respective
comprehensive plans and outlines certain procedures to amend adopted comprehensive plans
pursuant to Sections 163.3184 and 163.3187, Florida Statutes; and
WHEREAS, all applicable substantive and procedural requirements of law have been met;
and
NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that
.SECTION ONE: ADOPTION OF THE SCRIVENER'S ERROR AMENDMENT TO THE
GROWTH MANAGEMENT PLAN.
The Board of County Commissioners hereby adopts this scrivener's error
amendment. The amendment is attached hereto as Exhibit "A" and is incorporated by
reference herein.
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
This Ordinance shall become effective upon filing with the Department of State.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County this /,.~ - day of t~ ,2001.
Approved as to form and legal sufficiency:
Madori~ M~]Student
Assistant County Attorney
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
JAMES
Chairman
Exhibit "A"
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 copy of:
ORDINANCE NO. 2001-11
Which was adopted by the Board of County Commissioners on
the 13th day of March, 2001, during Regular Session.
WITNESS my hand and the official
County Commissioners of Collier County,
of March, 2001.
seal of the Board of
Florida, this 14th day
Clerk of Courts.~and
Ex-officio to
County Commls sk~ers
By: Teri Michab~
Deputy