Resolution 1997-431
RESOLUTION 97-~
A RESOLUTION ESTABLISHING GENERAL
REQUIREMENTS AND PROCEDURES FOR
AMENDING THE COLLIER COUNTY GROWTH
MANAGEMENT PLAN.
WHEREAS, Chapter 163, Florida Slatute", requires local gove",I"ents to
prepane and adopt a Comprehensive Plan; and
WHEREAS, the Board of County Commissioners adopted the Co lier County
Growth Management Plan on January 10, 1969; and
WHEREAS, lhe Local Government Comprehensive Planning ai::l Land
Development Ragulation Act of 1965 (Section 1633161, et seq., Florida Statutes
(1995)) mandates certain procedures to amend adopted Growth Manaljement Plans
(Section 163.3164 and Section 163.3167, Florida Statutes): and Rule 8,'.11; and
WHEREAS, the Board of County Commissioners has established a policy to
utilize an annual cycle for Growth Managemant Plan Amendmants (Collier County
Resolution 91-521, adopted August 13,1991); and
WHEREAS, the Department of Community Affairs has infonmed Collier County
that the addition of future fiscal years projects to U" Cap,tallmprovemenls Element of
the Growth Management Plan must be accompli~;h\1d through the Plan amendment
process as defined by Sections 163.3164 and 163.3167, Florida Statutes; and
WHEREAS. certain capital improvement projects from the Growth Management
Plan are Included in tha County's T enlative Annual Budget on a yearly b ,sis, and
WHEREAS, for purposes of convenience and expediency it is !lecessary to
amend the Capita! Improvements Element and the schedule of projects "1 the Element
in conjunction with the adoption of the County's Tentative Annual Bud\let for each new
'iscal year: and
WHEREAS, in order to provide adaquate notice, it is necessary to sat forth the
requirements and procedures to be followed by petitioners, the general public and
Collier County in processing amendments to the Collier County Growttl Management
Plan consistant with the requirements of the Florida Statutes.
NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLOR:DA, that
The following requinements and procedures shall be followed befone an
amendment to the Collier County Growth Management Plan shall occur
Resolutior. Amending Growth Management Plan Procedures
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A. Tre general requirements to initiate an amendment to the Collier County
Growth Management Plan or one of its elements are as follows:
An amendment may be proposed by lhe Board of County
Commissioners (BCC), lhe Col.ior County Planning COl1mission
(CCPC) designaled as the Loe.,1 Planning Agency pu,";uant 10
Section 163.3174, Florida Stat\ll", any department .', .gency of the
County, or any person other than those listed above JJ'I.JVided,
however, that no such person :;hall propose an amer,ament for a
land use designation change for property which he or 3he does not
own, except as an agent or attorney for the owner
2 The procedures provided herein shall apply to all Gro-..~h
Management Plan amendments. Amendments bey"'~ the yearly
plan amefldmenl cycle may be ~~tablished by the BVlrd of County
CommissIoners and shall comply with the procedures ('stablished
herein, In addition, the use of a second yearly plan hTendment as
prescnbed in Subsection 163.3167(1), Florida SIatulr, ,<hall follow
this procedure except for filing d.ates and public hea r1g dates for
final adoption. Growth Management Plan amendment.~ directly
related to proposed small scale clevclopment activitic~ or
Developments of Regional Impact (ORis) may b& approved without
regard to statutory limits on the fmquency of procedur.)s for the
consitJeration of amendments to the Growth Managnment Plan
provided all of the conditions are met as set forth in Subsection
1633187 (1)(c), Florida Statutes, (1995).
3 All Growth Management Plan ary,;endments will be rf.....i~wed in one
cycle starting on Ihe fourth Friday in April, annually. Proposed
amendments submitted after t~lClt date will not be considered until the
following review cycle. The Amendment Process including staff
review, State and Regional raVlaN and local public hearings WIll take
approximately 10 months to ccrnolete
4 AU required copies at the application to amend the CQllier County
Growth Management Plan and supporting documem3tion along with
the required filing fee for each requested change andlor amendment
must be submitted to the Community Development and
Environmental Services Division prior to 5:00 p.m. of t~e fourth
Friday in Marc~ For each application to amend the Collier County
Growth Manag?:ment Plan or Future Land Use Map, a minimum
filing fee of $3. noo for each requested change plus 3 fee of $30 per
acre for each affected acre in the application must be submitted. For
Small Scale Development Activities, a filing fee of $1 ,500 shall be
submitted. The tenm -staff' shall refer to the staff of th,. Community
Development and Environmental Services Division cnj any other
pertinent County staff from other Divisions.
B
The procedure to amend the Collier County Growth Management Plan or one of
its elements is as follows:
1. A pre-application conference shall occur betweon the petitioner, the
Community Development and Environmental S~rviC'es Division and
other appropriate County staff to ensure that the pmcgdure set out
herein is understood and adhered to.
2. Staff shall perfonm an initial nevil!'N of the proposed amendment
applic.ation to determine whether additional infonTl8lion is necessary
to enable staff to conduct a fomlal review and whether other
amendments of the Gro'Nth Management 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 petrtion is adequate for formal
review: or
Resolution Amending Growth Management Plan Pro,-::e,lures
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(b) the petition IS Inadoquate for formal review and the notIce shall
set forth in detail the additi",'al information deemed necessary
for formal review of the pelit'on
3 If the application is deemed im,llfftClent, the petltionH ~hall have 30
calendar days from the date of r~ceipt of staffs letto, . f insuffICIency
fo supplement the application In ,'esponse to the initi;,; roview A
second 30 day time period, to e~pond 10 insurficienl;Y. may be
requested by the petitioner
4 Cour.ty staff shall review the apolicatlon and may CO(\5111t wIth olher
County Departments or agenc9s as it deems neces~ l' 110 evaluato
the proposed amendment and shall pmpare a report w!lh a
preliminary recommendation.
'l The Coltier County Planning Commission (CCPC), d~ 5'gnated as the
Local Planning Agency, shall hold an aC-tertised putldc hearing WIth
due public notice as defined by Section 163.3174. FiC'lida Statutes,
during which staff wilt present fhlJir review and make a preliminary
recommendation to the CCPC. All interested pa!1ies may appear
and be heard. Written comments of the general public filed with the
Community Development and tnvironmental Servicr~3 Division Will be
considered at the public hearing Following the CCf'C pUblic
heanng, the proposed amendment shall be forwardod to the BCC
with the recommendation of the;CPC
6 After the ccpe public hearing Oil such amendment~.i have been held,
the BCC shall hold an advertised public hearing on the proposed
amendment during which the staff review and prelirrlnary
recommendation and any recom,nendation made by the cepc shall
be presented, The public hearlnq shalt be held on 6. weekday
approximately 7 days after the first advertisement is published. The
intention of the BCC to hold arid advertise a second t::tlbtic hearing to
consider the adoption of the prorosed amendment ~ hnll be
announced. All interested parties may appear and to heard. Written
comments filed with the Community Development and Environmental
Services Division will be considered at the public heari.,g. Following
the BCC public hearing, the BCC will transmit the appropriate
number of copi.~s of the propor.ed amendment to thE' Oepartment of
Community Aff<:lIrs within ten (10\ working days.
7 Upon receipt of the proposed Growth Management Plan amendment,
the Department of Community Affairs, the Regional PI"nning Council
and other government agencies will review the amer,dllent pursuant
to Section 163.3164, Florida Statutes. The DeparlrT'el1t of
Community Affairs shalt transmit in writing its comments to the local
government along with any objections and any recornmendations for
modifications.
8. Within 60 days of receipt of the review comments frem the
Department of Community Affairs, the CCPC shall t old a public
hearing to make recommendations to the BCe rega,-d'ng the
adoption of the amendment The BCC shall hold its s..cond public
hearing regarding the proposed amendments during ",'hich the final
staff review and recommendation, cepe recommendcltion, State and
Regional review comments and public comment will be presented
The public hearing shall be held on a weekday appmx,mately 5 days
after the advertisement is published. The BCC shall then adopt.
adopt with modifications or deny the proposed amendments.
Adoption of an amendment to the Growth Management Plan must be
by Ordinance and shall require four affirmative votes of the Board of
County Commissioners.
10, The adopted amendments to the Growth Management Plan will be
transmitted to the Department of Community Affairs within ten (10)
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Resolution Amending Growth Management Plan Proo<:dures
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wori<ing days after adoption. Adopted plan amendments, except for
Small Scale Amendments, shall not become effective until the
Department of Community Affairs issues a final ordar detenmining the
adopted amendment to be "in wmpliance", or until the Administration
Commission issues a final orde r determining the adopt~d
amendment to be in compliance in accordance with ~L bsectio"
163.3164(10), Florida Statutes. The Department's nn' l:a of Intant to
find an amendment in compliancli shall become an i~ t . ted final order
determining the adopted amendnlent to be in complil lice jf no
petition challenging the amend.l1ent is filed with the Df!partment
within 21 days of the date of p'Jhlication of the notice flf intent
Small Scale Amendments shat! not become effective urltil31 days
after adoption, If challenged wilhin 30 days after adr ",on. thiS Small
Scale Amendment shall nol become effective until tile State Land
Planning Agency or the Adminlstration Commission, '€'spcctively,
issues a final order determining the adopted Small ~ccl'e
Developmel1t Amendment ;s in compliance.
C This Rt".!solutlon supersedes and repeals H'3soJution 91-521 refat;ng to
prior G~owth Management Plan Amendment procedures.
D. This Resolution shall take effect April 1, 1996.
THIS RESOLUTION ADOPTED after motion, second and maJ',rity vote thiS
~ day of 7!c-1X~G
,1997.
ATTEST:
DWIGHT E. BROCK, Cieri<
BOAfID OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
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l1MOTHY y. HANCOCK,
Chairman
o/~~.:XI/~~(!'~ BY
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Approved as to fonm and legal
sufficiency:
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MARJORIE M. STUDENT,
Assistant County Attorney
Resolution Amending Growth Management Plan Procedures 97
7/10197
Rem!(liir.n Am~mdinn Growth M~M/Jemp.n' PI:'ln P':)ccdtJres
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