Resolution 1987-139 RESOLUTION NO. 87- 139 JUNE 16, 1987
A RESOLUTION ESTABLISHING GENERAL
REQUIREMENTS AND PROCEDURES FOR
AMENDING THE COLLIER COUNTY
COMPREHENSIVE PLAN
WHEREAS, Chapter 163, Florida Statutes, requires local governments
to prepare and adopt a Comprehensive Plan; and
WHEREAS, the Board of County Commissioners adopted the Collier
County Comprehensive Plan on December 6, 1983; ads
WHEREAS, the Local Government Comprehensive Planning and Land
Development Regulation Act of 1985 mandates certain procedures to
amend adopted Comprehensive Plans (Section 163.3184 and Section
• 163.3187, Florida Statutes); and
WHEREAS, the Local Government Comprehensive Planning and Land ' •
•
Development Regulation Act provides for public participation in the
comprehensive planning process to the fullest extent possible; and
WHEREAS, local planning agencies and local governmental units
• are directed to adopt procedures designed to provide effective public
participation in the comprehensive planning process and to provide
real property owners with notice of all official actions which will
regulate the use of their property; and
WHEREAS, it is necessary to set forth the general requirements and
procedures to be followed by petitioners, the general public and
Collier County in processing amendments to the Collier County
•
{ Comprehensive Plan consistent with the requirements of the Florida •
Statutes.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the following
requirements and procedures shall be followed before an amendment to
the Collier County Comprehensive Plan shall occur:
A. The general requirements to initiate an amendment to the Collier
County Comprehensive Plan or one of its elements are as follows: •
1. An amendment may be proposed by the Board of County
Commisaionere (BCC), the Collier County Planning Commission
(CCPC) designated as the Local Planning Agency pursuant to
Chapter 163.3174, Florida Statutes, any department or agency
of the County, or any person other than those listed above
provided, however, that no such person shall propose an
amendment for a land use designation change for property
which he or she does not own (except as an agent or attorney
for the owner).
SOCK 105 PAcr 65
aoorc 105 nq 66 JLC 16, 1987
2. The procedures provided herein shall apply to all comprehen- •
sive plan amendments. Amendments proposed in conjunction
• with a Florida Quality Development, a DRI or in cases of
• emergency, as defined in Section 163.3187(1)(a), Florida
Statutes, shall follow the procedure except for the filing
dates and public hearing dates for final adoption.- f ..
3. All Comprehensive Plan amendments will be reviewed in one
cycle starting on the fourth friday in January, annually.
Proposed amendments submitted after that date will not be
considered until the following review cycle. The review
process including staff review, state and regional review and
local public hearings will take approximately 9 to 11 months
to complete.
4. All required copies of the applicationrto amend the Collier
• County Comprehensive Plan and supporting documentation along
with a filing fee of $1,000 must be submitted to the
Community Development Division prior to 5:00 p.m. of the
fourth friday in January. The Community Development Division
will be the responsible agency for processing the application
and preparing a recommendation. The term "staff" shall refer
to the, staff of the Community Development Division.
5. Comprehensive Plan amendments directly related to proposed
small scale development activities may be approved without
regard to statutory limits on the frequency of consideration
of amendments to the Comprehensive Plan provided all of the
conditions are met as set forth in Section 163.3187 (1) (c),
Florida Statutes 1985, as amended by Chapter 86-191, Laws of
Florida.
• B. The procedure to amend the Collier County Comprehensive Plan or
one of its elements is as follows:
•
1. A pre-application conference shall occur between the
• petitioner, the Community Deve}.opment Division and other
appropriate County staff to ensure that the procedure set
out herein is understood and adhered to.
2. Staff shall perform an initial review of the proposed
• amendment application to determine whether additional
information is necessary to enable staff to conduct a formal
review and whether other amendments of the Comprehensive Plan •
will be necessary to preserve the internal consistency of the
Plan. Within 30 calendar days following the filing deadline
the staff shall notify the petitioner, in writing that:
(a) the staff has determined that the petition is
adequate for formal review; or
(b) the petition is inadequate for formal review and
the notice shall set forth in detail the
additional information deemed necessary for formal
review of the petition.
3. The petitioner shall have 30 calendar days to supplement1the
application in response to the initial review.
4. County staff shall review the application and may consult
with other County Departments or agencies as it deems
necessary to evaluate the proposed amendment. Within 45
calendar days, staff shall prepare a report with a
preliminary recommendation and shall advertise the petition
• for a public hearing to be scheduled for the first CCPC
meeting following said 45 day period.
5. The. CCPC shall hold an advertised public hearing with due
3 public notice as defined by Chapter 163, Florida Statutes,
during which staff will present their review and make a
preliminary recommendation to the CCPC. All interested
parties may appear and be heard. Written comments of the
198
general public filed with-the Community Developpment16 Division - j
will ba considered at die public hearing. Following the i
CCPC public hearing, the proposed amendment shall be
forwarded to the BCC with the recommendation of the CCPC.
6. Within 30 calendar days of the CCPC public hearing the BCC
shall hold an advertised public hearing on the proposed • I
amendment during which the staff review and preliminary • I
recommendation, and any recommendation made by the CCPC shall
be presented. The public hearing shall be held on a weekday
approximately 7 days after the first advertisement is
published. The intention of the BCC to hold and advertise a
second public hearing to consider the adoption of the
proposed amendment shall be announced. All interested
parties may appear and be heard. Written comments filed with I
the Community Development Division vilfbe considered at the f
public hearing. Following the BCC public hearing, the BCC
vill transmit the appropriate number of copies of the
proposed amendment to the state land planning agency, the
Department of Community Affair. (DCA).
7. Upon receipt of the proposed Comprehensive Plan amendment
the state land planning agency, the regional planning
council and other government agencies will review said
amendment pursuant to Section 163.3184, Florida Statutes.
The state land planning agency shall transmit in writing its
comments to the local government along with any objections
and any recommendations for modifications.
8. Upon receipt of the review comments from the state land
planning agency, the BCC shall have 60 days to adopt the
amendment, adopt the amendment with changes, or determine
that it will not adopt the amendment. •
9. The BCC shall hold the second public hearing regarding the
proposed amendment during which the final staff review and
recommendation, the CCPC recommendation, state and regional
t revie4 comments and public comment will be presented. The
public hearing shall be held on a weekday approximately 5
days after the advertisement is published. The BCC shall
then adopt, adopt with modifications or deny the proposed
amendment. Adoption of an amendment to the Comprehensive
Plan must be by Ordinance and shall require four affirmative
votes of the Board of County Commissioners.
10. The adopted amendment to the Comprehensive Plan will be
transmitted to the Department of Community Affairs within
five (5) working days after adoption. The DCA will not make
a formal determination of compliance as defined in Chapter
163, Florida Statutes, until the local government has
adopted a comprehensive plan pursuant to Sections
163.3167(2) and 163.3184, Florida Statutes, as amended by
Chapter 86-191, Laws of Florida. )
C. This Resolution supersedes and repeals Resolution 84-236,
Resolution 85-38 and 86-144 relating to prior Comprehensive Plan
Amendment Procedures. ++
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6001( 105 PAr•t 67
6001( 105 P��E 68 • JUNE 16, 1987
This Resolution adopted after motion, second and roll call vote
as follows:
Commissioner Pistor Motioned and aye
Commissioner Goodnight Seconded and aye
Commissioner Glass Aye
Commissioner Saunders Aye
Commissioner Hasse Aye
BOARD OF COUNTY COMMISSIONERS
DATE: June 16. 1987 COLLIER CO , FLORIDA
ATTEST: BY•
JAMES C. GILES, CLERK MAX A. SE JR., CHAIRMAN
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% dApproved-as to form anI
; legal.skfficiency:
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Kenneth B. Cuyler
I,.
Collier County Attorney
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REQUIREMENTS AMENDING CCCP 1
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