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Resolution 2002-379 Be RESOLUTION NO. 02-379 A RESOLUTION APPROVING AMENDMENTS TO THE FUTURE LAND USE ELEMENT; THE FUTURE LAND USE MAP; THE SANITARY SEWER SUB-ELEMENT, AND THE POTABLE WATER SUB-ELEMENT, AND THE WATER AND SEWER DISTRICT BOUNDARY MAP OF THE PUBLIC FACILITIES ELEMENT OF THE COLLIER COUNTY GROWTH MANAGEMENT PLAN FOR TRANSMITTAL TO THE DEPARTMENT OF COMMUNITY AFFAIRS. THESE AMENDMENTS ARE TO SUPPORT FUTURE IMPLEMENTATION OF THE HERITAGE BAY DEVELOPMENT OF REGIONAL IMPACT (DRI). WHEREAS, Collier County, pursuant to Section 163.3161, et seQ., Florida Statutes, 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 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, Chapter 380.06(6)(b), F.S., provides that Plan Amendments related to Developments of Regional Impact (ORis) are not subject to "statutory or local ordinance limits on the frequency of consideration of amendments to the local comprehensive plan; and WHEREAS, Collier County Resolution 97-431 provides for a public petition process to amend the Plan; and WHEREAS, the Petitioner, U.S. Home Corporation, has proposed to amend the following elements of the Collier County Growth Management Plan: Future Land Use Element; including the Future Land Use Map Sanitary Sewer Sub-Element of the Public Facilities Element and Potable Water Sub-Element of the Public Facilities Element and the Water and Sewer District Boundary Map; and WHEREAS, the Collier County Planning Commission has considered the proposed 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 amendments to the Board of County Commissioners; and WHEREAS, upon receipt of Collier County's proposed Growth Management Plan Amendments, various State agencies and the Department of Community Affairs (DCA) have forty-five (45) days to review the proposed Amendments and DCA must transmit, in writing, to Collier County, its comments along with any objections and any recommendations for modification, within said forty-five (45) days pursuant to Section 163.3184, Florida Statutes; and WHEREAS, Collier County, upon receipt of the written comments from DCA must adopt, adopt with changes or not adopt the proposed Growth Management Plan Amendments, within sixty (60) days of such receipt pursuant to Section 163.3184, Florida Statutes; and WHEREAS, DCA, if the proposed amendments were not the subject of objections pursuant to Section 163.3184(7)(b), Florida Statutes, within twenty (20) days of receipt of Collier County's adopted Growth Management Plan Amendments, must Words underlined are additions; Words stnlek tilreagil are deletions ..., . , Be review and determine if the Plan Amendments are in compliance with the Local Govemment Comprehensive Planning and Land Development Act of 1985; the State Comprehensive Plan; the appropriate Regional Policy Plan and Rule 9J-5, Florida Administrative Code, pursuant to Section 163.3184, Florida Statutes; and WHEREAS, DCA, if the proposed amendments were the subject of objections pursuant to Section 163.3184(7}(b), Florida Statutes, within forty-five (45) days of receipt of Collier County's adopted Growth Management Plan Amendments, must review and determine if the Plan Amendments are in compliance with the Local Government Comprehensive Planning and Land Development Act of 1985; the State Comprehensive Plan; the appropriate Regional Policy Plan and Rule 9J-5, Florida Administrative Code, pursuant to 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 Growth Management Plan Amendments, attached hereto as Exhibit A and incorporated by reference herein, for the purpose of transmittal to the Department of Community Affairs thereby initiating the required State evaluation of the Growth Management Plan Amendments prior to final adoption and State determination of compliance with the Local Government Comprehensive Planning and Land Development Regulation Act of 1985 and Rule 9J-5, Florida Administrative Code, Minimum Criteria for Review of Local Govemment Comprehensive Plans and Determination of Compliance THIS RESOLUTION ADOPTED after motion; second and majority vote this 10th day of Seotember 2002. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA . ~.~~ t t C' 1,.'/{J ,...,. ,..:" I!) , . . :f'tJ;:~~CK' CLERK . ~. 1'.' -~ .'l,.t,: 4':';:1%.i~~~~ A-1~C!. . f. (, lJ :~.~,~.. Attest ~a;'to"f,..,. 's 'fgnatur."*J". BY.~ 'JAME . COLETTA, CH RMAN 9'I/Op.1. Approved as to Form and Legal Sufficiency 111~~', Th. AAJ'~ Marjorie . Student, Assistant County Attomey Words underlined are additions; Words struek tarellgil are deletions 1 4',~