Resolution 2021-185 RESOLUTION NO. 2021- 1 8 5
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS PROPOSING AMENDMENTS TO THE
COLLIER COUNTY GROWTH MANAGEMENT PLAN,
o ORDINANCE 89-05, AS AMENDED, TO CREATE THE PRIVATE
ce PROPERTY RIGHTS ELEMENT AS REQUIRED BY STATE LAW;
2 AND FURTHERMORE DIRECTING TRANSMITTAL OF THE
u ° AMENDMENTS TO THE FLORIDA DEPARTMENT OF
a z ECONOMIC OPPORTUNITY. [PL20210001793]
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a N o WHEREAS, Collier County, pursuant to Section 163.3161, et. seq., Florida Statutes, the
D o Florida Local Government Comprehensive Planning and Land Development Regulation Act of
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N } 1985, was required to prepare and adopt a comprehensive plan; and
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r rn o WHEREAS, the Collier County Board of County Commissioners adopted the Collier
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0 County Growth Management Plan on January 10, 1989; and
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z ce c) o ce 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, Collier County staff has prepared amendments to create the Private Property
Rights Element of the Growth Management Plan as required by Section 163.3177(6)(i), Florida
Statutes; and
WHEREAS, on August 19, 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 September 14, 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
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 amendments 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
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Property Rights GMPA Words underlined are additions;Words struck through are deletions.
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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.
TH RESOLUTION ADOPTED after motion, second and majority vote this /
day of `?P k , 2021.
ATTEST: BOARD F TY CO SI ERS
CRYSTAL K. KINZEL, CLERK COLLIE TY, FLO
BY: 0111)
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A st as to Chairman 6Pu y lets Penny Taylor, Chairman
SI Igras to form legality:
eidi As ton-Cicko
Managing Assistant County Attorney
Attachment: Exhibit"A"—Text amendments
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Property Rights GMPA Words underlined are additions; Wordsstruckgh are deletions.
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Staff Proposed Amendment PL20210001793
EXHIBIT A
PRIVATE PROPERTY RIGHTS ELEMENT
GOAL, OBJECTIVES AND POLICIES
GOAL:
TO ENSURE PRIVATE PROPERTY RIGHTS ARE CONSIDERED IN LOCAL DECISION
MAKING.
OBJECTIVE 1:
Collier County will respect judicially acknowledged and constitutionally protected private
property rights by considering private property rights in local decision making.
Policy 1.1:
Collier County will support the right of a property owner to physically possess and control his or
her interests in the property, including easements, leases, or mineral rights.
Policy 1.2:
Collier County will support the right of a property owner to use, maintain, develop, and improve
his or her property for personal use or for the use of any other person, subject to state law and
local ordinances.
Policy 1.3:
Collier County will support the right of the property owner to privacy and to exclude others from
the property to protect the owner's possessions and property.
Policy 1.4:
Collier County will support the right of a property owner to dispose of his or her property through
sale or gift.
Text underlined is added; text struck through is deleted
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