Loading...
Resolution 2021-068A RESOLUTION NO. 2021- 6 8A A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROPOSING AMENDMENT TO THE COLLIER COUNTY GROWTH MANAGEMENT PLAN, ORDINANCE 89-05, AS AMENDED, SPECIFICALLY AMENDING THE CONSERVATION AND COASTAL MANAGEMENT ELEMENT, TO AMEND POLICY 6.1.7 TO REDUCE THE LITTORAL SHELF REQUIREMENTS FOR CERTAIN PROPERTY WITHIN THE IMMOKALEE ROAD RURAL VILLAGE OVERLAY; AND FURTHERMORE DIRECTING TRANSMITTAL OF THE AMENDMENT TO THE FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY. THE SUBJECT PROPERTY IS 2787.27± ACRES AND LOCATED ON THE EAST SIDE OF IMMOKALEE ROAD, APPROXIMATELY TWO MILES NORTH OF OIL WELL ROAD, IN SECTIONS 1 AND 2, TOWNSHIP 48 SOUTH, RANGE 27 EAST, IN SECTIONS 25, 35 AND 36, TOWNSHIP 47 SOUTH, RANGE 27 EAST, COLLIER COUNTY, FLORIDA. [PL20180002660] 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 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, 27th Pico Boulevard Ltd Partnership and Brentwood Holdings Ltd. Partnership requested an amendment to the Conservation and Coastal Management Element relating to the Immokalee Road Rural Village Overlay; and WHEREAS, on February 18, 2021, the Collier County Planning Commission considered the proposed amendment to the Growth Management Plan pursuant to the authority granted to it by Section 163.3174, F.S., and has recommended approval of said amendment to the Board of County Commissioners; and WHEREAS, on March 23, 2021, the Board of County Commissioners at a public hearing approved the transmittal of the proposed amendment to the state land planning agency in accordance with Section 163.3184, F.S.; and [18-CMP-01040/1607861/11158 IRRVO CCME/PL20180002660 Page 1 of 2 2/24/21 Words underlined are additions,words struckgh are deletions. WHEREAS, upon receipt of Collier County's proposed Growth Management Plan Amendment, various State agencies and the Department of Economic Opportunity (DEO) have thirty (30) days to review the proposed amendment and DEO must transmit, in writing, to Collier County its comments within said thirty (30) days pursuant to Section 163.3184, F.S.; and WHEREAS, Collier County, upon receipt of the written comments from DEO must adopt, adopt with changes or not adopt the proposed Growth Management Plan Amendment within one hundred and eighty (180) days of such receipt pursuant to Section 163.3184, F.S.; and WHEREAS, the DEO, within five (5) days of receipt of Collier County's adopted Growth Management Plan Amendment, must notify the County of any deficiencies of the Plan Amendment pursuant to Section 163.3184(3), F.S. 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 Amendment, attached hereto as Exhibit "A" and incorporated by reference herein, for the purpose of transmittal to the Department of Economic Opportunity and other reviewing agencies thereby initiating the required State evaluation of the Growth Management Plan Amendment prior to final adoption. T IS RESOLUTION ADOPTED after motion, second and majority vote th•is o23 ' `'� day of ,rGk. , 2021. ATTEST �'‘ ..B`'�91) BOA' 0 S e OUNTY CO�. , ISS ONERS CRYST ,'i;,, I-TZEJ,+CLERK COLL OUNTY, FLO? ! A 10(6 BY: G11418 y;. a' ,.,,� Jerk Penny Taylor, Chairman Approved as to form and legality: ii,A if— (/- ---__ \r/I\ eidi Ashton- icko )- Managing Assistant County Attorney Attachment: Exhibit A—Proposed Text Amendment [18-CMP-01040/1607861/1]158 IRRVO CCME/PL20180002660 Page 2 of 2 2/24/21 Words underlined are additions,words struck are deletions. EXHIBIT A CONSERVATION AND COASTAL MANAGEMENT ELEMENT Amend Conservation and Coastal Management Element. Page 25, as follows: II. GOALS, OBJECTIVES & POLICIES GOAL 6: TO IDENTIFY, PROTECT, CONSERVE AND APPROPRIATELY USE NATIVE VEGETATIVE COMMUNITIES AND WILDLIFE HABITAT. OBJECTIVE 6.1: Protect native vegetative communities through the application of minimum preservation requirements.(The Policies under this Objective apply to all of Collier County except for that portion of the County which is identified on the Countywide Future Land Use Map (FLUM) as the Rural Lands Stewardship Area Overlay.) **********************************Text Break*********************************** Policy 6.1.7: [re-numbered to reflect merger of Ordinance No. 2002-32 and 2002-54] The County shall require native vegetation to be incorporated into landscape designs in order to promote the preservation of native plant communities and to encourage water conservation. This shall be accomplished by: (1) Providing incentives for retaining existing native vegetation in landscaped areas; (2) Establishing minimum native vegetation requirements for new landscaping; and, (3) Wet detention ponds within the Urban Designated area shall have a littoral shelf with an area equal to 2.50%of the ponds surface area measured at the control elevation and be planted with native aquatic vegetation. Wet detention ponds within the Rural Fringe Mixed Use District, shall have a littoral shelf with an area equal to 30%of the ponds surface area measured at the control elevation and be planted with native aquatic vegetation. Within the Immokalee Road Rural Village Overlay, the total littoral planting shelf area may be reduced to 15% of the wet detention pond surface area within the Receiving lands, if provided in one or more larger aggregated littoral planting areas,thus providing greater habitat value. The excavation lake located in the Neutral Land shall not be required to provide littoral shelves, except as may be necessary to meet the mine reclamation requirement. 01/05/2021 PL20180002660 Page 1 of 1