Documents 02/27/2002 SBOARD OF COUNTY COMMISSIONERS
SPECIAL MEETING
FEBRUARY 27, 2002
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
RURAL FRINGE FINAL HEARING AGENDA
February 27, 2002
9:00 a.m.
Max Hasse Jr. Community Park
Golden Gate Boulevard, Naples, 34120
NOTICE: ALL PERSONS WISHING TO SPEAK ON ANY AGENDA ITEM
MUST REGISTER PRIOR TO SPEAKING. SPEAKERS MUST REGISTER
WITH THE COUNTY MANAGER PRIOR TO THE PRESENTATION OF THE
AGENDA ITEM TO BE ADDRESSED.
COLLIER COUNTY ORDINANCE NO. 99-22 REQUIRES THAT ALL
LOBBYISTS SHALL, BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES
(INCLUDING, BUT NOT LIMITED TO, ADDRESSING THE BOARD OF
COUNTY COMMISSIONERS), REGISTER WITH THE CLERK TO THE
BOARD AT THE BOARD MINUTES AND RECORDS DEPARTMENT.
REQUESTS TO ADDRESS THE BOARD ON SUBJECTS WHICH ARE NOT ON
THIS AGENDA MUST BE SUBMITTED IN WRITING WITH EXPLANATION
TO THE COUNTY MANAGER AT LEAST 13 DAYS PRIOR TO THE DATE OF
THE MEETING AND WILL BE HEARD UNDER "PUBLIC PETITIONS".
ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD
WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO,
AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD
OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE
TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED.
ALL REGISTERED PUBLIC SPEAKERS WILL BE LIMITED TO FIVE (5)
MINUTES UNLESS PERMISSION FOR ADDITIONAL TIME IS GRANTED BY
THE CHAIRMAN.
1
February 27, 2002
IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY
ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING,
YOU ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION OF
CERTAIN ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY
FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST
TAMIAMI TRAIL, NAPLES, FLORIDA, 34112, (941) 774-8380; ASSISTED
LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN
THE COUNTY COMMISSIONERS' OFFICE.
LUNCH RECESS SCHEDULED FOR 12:00 NOON TO 1:00 P.M.
1. Pledge of Allegiance
2. Transmittal Draft of Collier County Growth Management Plan (GMP) Amendments
addressing the requirements of the Final Order (AC-99-02) issued by the State of
Florida Administration Commission on June 22, 1999, excluding the Eastern Lands
Portion of the Rural and Agricultural Assessment.
CONTINUED TO MARCH 4, 2002
3. Adjourn
INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD
BE MADE TO THE COUNTY MANAGER'S OFFICE AT 774-8383.
2
February 27, 2002
COLLIER COUNTY FLORIDA
REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS
To: Clerk to the Board: Please place the following as a:
[] Normal legal Advertisement x Other: See Attached
(Display Adv., location, etc.)
Originating Dept/Div: Planning Services Person: Marcia Kendall Date: February 8, 2002
Petition No. (If none, give brief description): FINAL ORDER - RURAL FRINGE AREA
Petitioner: (Name & Address): Comprehensive Planning
Name & Address of any person(s) to be notified by Clerk's Office: (If more space is needed, attach separate sheet)
Hearing before xx BCC BZA Other
Requested Hearing date: (Based on advertisement appea ore hearing 27, 2002
Newspaper(s) to be used: (Complete only if important):
x Naples Daily News [] Other [] Legally Required
Proposed Text: (Include legal description & common location & Size): See Attached
Companion petition(s), if any & proposed hearing date: N/A
Does Petition Fee include advertising cost? xx Yes
ivision He~d "~ Date
List Attachments: Legal Ad
[] No If Yes, what account should be charged for advertising costs:
Approved by:
County Manager Date
DISTRIBUTION INSTRUCTIONS
A. For hearings before BCC or BZA: Initiating person to complete one copy and obtain Division Head approval
before submitting to County Manager. Note: If legal document is involved, be sure that any necessary legal
review, or request for same, is submitted to County Attorney before submitting to County Manager. The.
Manager's office will distribute copies:
[] County Manager agenda file: to [] Requesting Division ['"1 Original
Clerk's Office
B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office, retaining a copy for file.
FOR CLERK'S OFFICE USE ONLY:
! '!
Memorandum
To:
From:
Date:
Subject:
Ellie Hoffman, Minutes and Records Department
Marcia R. Kendall, Planning Technician
February 11, 2002
BCC Advertisement for Meeting of February 27, 2002
Per our phone conversation, attached is a copy of the "Notice of Public Hearing", and Map
(11 x 17), as well as a copy (for example only) of the CCPC Full Page Advertisement which ran
January 28, 2002 for their meeting of February 7, 2002.
Pam Perrell has the original map, which was hand delivered to her, all that needs faxed to her
is the "Notice of Public Hearing" with a request to run the BCC Full Page Ad, the same as
the one she ran for the CCPC Meeting.
The ad should appear as a 7 day Advertisement, per instruction by Marjorie Student, Assistant
County Attorney.
[Please note that the Resolution is being created, therefore, will be hand delivered under
separate cover to Minutes & Records, prior to the ad appearing in the paper.]
Should you have any questions regarding this advertisement, please contact me at 403-2387 or
email: marciakendall @collierqov.net.
Thank you.
Cc:
Stan Litsinger, AICP, Comprehensive Planning Section
Planning Services Department
mk/f:\comp, planning/non-gmp ads
Comprehensive Planning Services Section
NOTICE OF PUBLIC HEARING
Notice is hereby given that on February 27, 2002 at 9:00 A.M. at the Max Hasse
Community Park (Louise Hasse Community Center), 3390 Golden Gate
Boulevard West, Naples, Florida, 34120, the Board of County Commissioners
propose to adopt the following Resolution for transmittal to the State of Florida
Department of Community Affairs for preliminary review and comment:
A RESOLUTION APPROVING TRANSMITTAL AMENDMENTS TO: THE
FUTURE LAND USE ELEMENT, FUTURE LAND USE MAP AND
RELATED MAPS, THE CONSERVATION AND COASTAL
MANAGEMENT ELEMENT AND THE POTABLE WATER AND
SANITARY SEWER SUBELEMENTS OF THE PUBLIC FACILITIES
ELEMENT OF THE COLLIER COUNTY GROWTH MANAGEMENT PLAN
TO ESTABLISH DEVELOPMENT REGULATIONS FOR THE RURAL
FRINGE ASSESSMENT AREA PORTION OF THE RURAL AND
AGRIGULTURAL ASSESSMENT AREA INCLUDING CERTAIN OF THE
NATURAL RESOURCE PROTECTION AREAS LOCATED WITHIN THIS
RURAL FRINGE ASSESSMENT AREA ALL TO IMPLEMENT THE FINAL
ORDER OF THE ADMINISTRATION COMMISSION.
ENTERED ON JUNE 22, 1999 IN CASE NO. ACC 99-02 (DOAH CASE
NO. 98-0324GM). THESE AMENDMENTS DO NOT INVOLVE THE
EASTERN LANDS PORTION OF THE RURAL AND AGRICULTURAL
ASSESMENT AREA.
[MAP]
All interested parties are invited to appear and be heard. A copy of the
Resolution is available for inspection at the Community Development and
Environmental Services Division located at 2800 N. Horseshoe Drive, Naples,
Florida, between the hours of 8:00 A.M. and 5:00 P.M., Monday through Friday.
Any questions pertaining to these documents should be directed to the
Comprehensive Planning Section (941-403-2300). Written comments filed with
the Comprehensive Planning Section prior to February 27, 2002, will be read and
considered at the public hearing.
If a person decides to appeal any decision made by the Collier County Planning
Commission with respect to any matter considered at such meeting or hearing,
he will need a record of that proceeding, and for such purpose he may need to
ensure that a verbatim record of the proceedings is made, which record includes
the testimony and evidence upon which the appeal is to be based.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
JAMES N. COLETTA, CHAIRMAN
DWIGHT E. BROCK, CLERK
By:/s/EIlie Hoffman,
Deputy Clerk
(SEAL)
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February 13 2002
Ms. Pam Perrell
Naples Daily News
1075 Central Avenue
Naples, Florida 34102
Re: Notice of Rural Fringe Assessment Area
Dear Pam:
Please advertise the above referenced notice and map as a
full page ad (the same as the 1/28/02 ad for the Planning
Commission) on Tuesday, February 19, 2002, and kindly send
the Affidavit of Publication, in duplicate, together with
charges involved to this office.
Thank you.
Sincere~ly,
Ellie Hoffman,
Deputy Clerk
Charge to: Account #111-138317-649100
NOTICE OF PUBLIC HEARING
Notice is hereby given that on Wednesday, February 27, 2002, at
9:00 A.M., at the Max Hasse Community Park (Louise Hasse Community
Center), 3390 Golden Gate Boulevard West, Naples, Florida, 34120, the
Board of County Commissioners propose to adopt the following Resolution
for transmittal to the State of Florida Department of Community Affairs
for preliminary review and comment:
A RESOLUTION APPROVING TRANSMITTAL AMENDMENTS TO~ THE FUTURE LAND
USE ELEMENT, FUTURE LAND USE MAP AND RELATED MAPS, THE
CONSERVATION AND COASTAL MANAGEMENT ELEMENT AND THE POTABLE WATER
AND SANITARY SEWER SUBELEMENTS OF THE PUBLIC FACILITIES ELEMENT OF
THE COLLIER COUNTY GROWTH MANAGEMENT PLAN TO ESTABLISH DEVELOPMENT
REGULATIONS FOR THE RURAL FRINGE ASSESSMENT AREA PORTION OF THE
RURAL AND AGRICULTURAL ASSESSMENT AREA INCUDING CERTAIN OF THE
NATURAL RESOURCE PROTECTION AREAS LOCATED WITHIN THIS RURAL FRINGE
ASSESSMENT AREA ALL TO IMPLEMENT THE FINAL ORDER OF THE
ADMINISTRATION COMMISSION.
ENTERED ON JUNE 22, 1999 IN CASE NO. ACC 99-02-(DOAH CASE NO. 98-
0324GM). THESE AMENDMENTS DO NOT INVOLVE THE EASTERN LANDS
PORTION OF THE RURAL AND AGRICULTURAL ASSESSMENT AREA.
[MAP]
Ail interested parties are invited to appear and be heard. A copy of
the Resolution is available for inspection at the Community Development
and Environmental Services Division located at 2800 N. Horseshoe Drive,
Naples, Florida, between the hours of 8:00 A.M. and 5:00 P.M., Monday
through Friday. Any questions pertaining to these documents should be
directed to the Comprehensive Planning Section (941-403-2300). Written
comments filed with the Comprehensive Planning Section prior to
February 27, 2002, will be read and considered at the public hearing.
Any person who decides to appeal a decision of the Board will need a
record of the proceedings pertaining thereto and therefore, may need to
ensure that a verbatim record of the proceedings is made, which record
includes the testimony and evidence upon which the appeal is based.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
JAMES N. COLETTA, CHAIRMAN
DWIGHT E. BROCK, CLERK
By: /s/Ellie Hoffman, Deputy Clerk
(SEAL)
Ellie J. Hoffman
To:
Subject:
paperrell@naplesnews.com
Notice of Rural Fringe Assessment Area
Good Morning, Pam,
Please advertise the above notice as indicated on the attached.
I understand from Marcia Kendall that she has forwarded the map
to you. Thanks and have a nice day.!
Notice of Rural Notice of Rural
Fringe.doc Fringe.doc
Ellie J. Hoffman
From:
Sent:
To:
Subject:
System Administrator [postmaster@naplesnews.com]
Thursday, February 14, 2002 8:00 AM
Ellie J. Hoffman
Delivered: Notice of Rural Fringe Assessment Area
Notice of Rural
Fringe Assessm...
<<Notice of Rural Fringe Assessment Area>> Your message
To: 'paperrell@naplesnews.com'
Subject: Notice of Rural Fringe Assessment Area
Sent: Thu, 14 Feb 2002 08:07:01 -0500
was delivered to the following recipient(s):
Perrell, Pamela on Thu, 14 Feb 2002 07:59:54 -0500
RESOLUTION 02-
A RESOLUTION APPROVING TRANSMITTAL AMENDMENTS TO:
THE FUTURE LAND USE ELEMENT, FUTURE LAND USE MAP AND
RELATED MAPS, THE CONSERVATION AND COASTAL
MANAGEMENT ELEMENT AND THE POTABLE WATER AND
SANITARY SEWER SUBELEMENTS OF THE PUBLIC FACILITIES
ELEMENT OF THE COLLIER COUNTY GROWTH MANAGEMENT
PLAN TO ESTABLISH DEVELOPMENT REGULATIONS FOR THE
RURAL FRINGE ASSESSMENT AREA PORTION OF THE RURAL
AND AGRICULTURAL ASSESSMENT AREA INCLUDING CERTAIN
OF THE NATURAL RESOURCE PROTECTION AREAS LOCATED
WITHIN THIS RURAL FRINGE ASSESSMENT AREA ALL TO
IMPLEMENT THE FINAL ORDER OF THE ADMINISTRATION
COMMISSION. ENTERED ON JUNE 22, 1999 IN CASE NO. ACC 99-
02 (DOAH CASE NO. 98-0324GM). THESE AMENDMENTS DO NOT
INVOLVE THE EASTERN LANDS PORTION OF THE RURAL AND
AGRICULTURAL ASSESSMENT AREA.
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 the County's EAR-based amendments, and 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, following a hearing 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 Administration Commission on June 22, 1999 found the EAR-based
amendments not in compliance and entered a Final Order directing Collier County to perform a
3 year Rural and Agricultural Assessment of the Growth Management Plan to identify measures
to protect agricultural areas, direct incompatible land uses away from wetlands and upland
habitat and assess the growth potential of the area; and
Whereas, the Final Order provides that the County may conduct the Assessment in
phases; and
Whereas, the County has divided the Assessment into two geographical areas, the
Rural Fringe Area and the Eastern Lands Area; and
Whereas, on August 3 and September 14, 1999 the BCC created the Rural Fringe Area
Oversight Committee (RFAC) to assist in the assessment of the area of the County commonly
referred to as the Rural Fringe Area; and
Whereas, the RFAC, with the collaboration of the public, and county planning and
environmental staff have completed the Assessment for the Rural Fringe Area and have
developed amendments to the County's Growth Management Plan; and
Whereas, the Collier County Planning Commission has considered the proposed Rural
Fringe Assessment Area Amendments to the Growth Management Plan pursuant to the
authority granted to it by Section 163.3174, Florida Statutes, and has recommended approval of
said Rural Fringe Assessment Area Amendments to the Board of County Commissioners; and
Whereas, upon receipt of Collier County's proposed Rural Fringe Assessment Area
Amendments, the DCA will review the Rural Fringe Assessment Area Amendments as set forth
in Section 163.3184, Florida Statutes.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA that:
The Board of County Commissioners hereby approves the proposed Rural Fringe
Assessment Area Amendments and any maps related thereto attached hereto and incorporated
by reference herein as composite Exhibit A for the purpose of transmittal to the Department of
Community Affairs thereby initiating the required State evaluation of such Amendments prior to
final adoption and State determination of compliance with the Final Order of the Administration
Commission, the Local Government Comprehensive Planning and Land Development
Regulation Act of 1985 and Rule 9J5, Florida Administrative Code, Minimum Criteria for Review
of Local Government Comprehensive Plans and Determination of Compliance.
THIS Resolution adopted after motion, second and majority vote.
Done this day of
ATTEST:
DWIGHT E. BROCK, Clerk
,2002
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY:
Attest as to Chairman's
Signature only.
BY:
JAMES N. COLETTA, Chairman
Approved as to form and legal sufficiency:
Marjorieq~l. Student, Assistant County Attorney
2002 Resolution/Rural Fringe Area Assessment/June 22, 1999 Administration Commission's Final Order
NAPLES DAILY NEWS
Published Daily
Naples, FL 34102
Affidavit of Publication
State of Florida
County of Collier
Before the undersigned they serve as the authority, personally
appeared B. Lamb, who on oath says that they
serve as the Assistant Corporate Secretary of the Naples Daily,
a daily newspaper published at Naples, in Collier County,
Florida; distributed in Collier and Lee counties of Florida; that
the attached copy of the advertising, being a
PUBLIC NOTICE
in the matter of PUBLIC NOTICE
was published in said newspaper 1 time(s) in the issue
on February 19, 2002
Affiant further says that the said Naples Daily News is a newspaper
published at Naples, in said Collier County, Florida, and that the said
newspaper has heretofore been continuously published in said Collier
County, Florida; distributed in Collier and Lee counties of Florida,
each day and has been entered as second class mail matter at the post
office in Naples, in said Collier County, Florida, for a period of 1
year next preceding the first publication of the attached copy of
advertisement; and affiant further says that he has neither paid nor
promised any person, firm or corporation any discount, rebate,
commission or refund for the purpose of securing this advertisement for
Sworn to and subscribed before me
,/;th day of Feb~mary, 2002
(Signature o~' notary pu~iic)~ ~//.-
Tuesday, February 19, 2002
PUBLIC NOTICE PUBLIC NOTICE PUBLIC NOTICE PUBLIC NOTICE PUBLIC NOTICE PUBLIC NOTI(
NOTICE OF PUBLIC HEARING
Notice is hereby given that on Wednesday, February 27, 2002, at 9:00 A.M., at the Max Hasse
Community Park (Louise Hasse Community Center), 3390 Golden Gate Boulevard West, Naples, Florida,
34120, the Board of County Commissioners propose to adopt the following Resolution for transmittal to
the State of Florida Department of Community Affairs for preliminary review and comment:
A RESOLUTION APPROVING TRANSMITTAL AMENDMENTS TO: THE FUTURE LAND
USE ELEMENT, FUTURE LAND USE MAP AND RELATED MAPS, THE CONSERVATION
AND COASTAL MANAGEMENT ELEMENT AND THE POTABLE WATER AND SANITARY
SEWER SUBELEMENTS OF THE PUBLIC FACILITIES ELEMENT OF THE COLLIER
COUNTY GROWTH MANAGEMENT PLAN TO ESTABLISH DEVELOPMENT
REGULATIONS FOR THE RURAL FRINGE ASSESSMENT AREA PORTION OF THE
RURAL AND AGRICULTURAL ASSESSMENT AREA INCLUDING CERTAIN OF THE
NATURAL RESOURCE PROTECTION AREAS LOCATED WITHIN THIS RURAL FRINGE
ASSESSMENT AREA ALL TO IMPLEMENT THE FINAL ORDER OF THE
ADMINISTRATION COMMISSION. ENTERED ON JUNE 22, 1999 IN CASE NO. ACC
99-02-{DOAH CASE NO. 98-0324GM). THESE AMENDMENTS DO NOT INVOLVE THE
EASTERN LANDS PORTION OF THE RURAL AND AGRICULTURAL ASSESSMENT AREA.
Rural Fringe
Assessment Areas
I-- NRPA
AREA
B
Lee
"~ Assessment Areas
R26 E
I R27 E
All Interested parties are invited to appear and be heard. A copy of the Resolution is available for
inspection at the Community Development and Environmental Services Division located at 2800 N.
Horseshoe Drive, Naples, Florida, between the hours of 8:00 A.M. and 5:00 P.M., Monday through
Friday. Any questions pertaining to these documents should bo directed to the Comprehensive
Planning Section (941-403-2300). Written comments filed with the Comprehensive Planning Section
prior to February 27, 2002, will be read and considered at the public hearing.
Any person who decides to appeal a decision of the Board will need a record of the proceedings
pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is
made, which record includes the testimony and evidence upon which the appeal is based.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
JAMES N. COLETI'A, CHAIRMAN
DWIGHT E. BROCK, CLERK
By:/s/Ellie Hoffman, Deputy Clerk
(SEAL)
Feb. 19, 2002