Resolution 1989-199
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RESOLUTION 89--199
AUGUST 8. 1989
^ RESOLUTION ESTABLISHING GENERAL
REQUIREMENTS AND PROCEDlJRES FOR
AMENDING TIlE COLLIER COllNTY GROWTH
MANAGEMENT PLAN
WHEREAS, Chapter 163, Florida Statutes, requires
local governments to prepare and adopt a Comprehensive PlanJ
and
WHEREAS, the Board of County Commissioners adopted
the Collier County Growth Management Plan on January 10,
1989; and
WHEREAS, the local Government Comprehensive
P1anninq and Land Development Regulation Act of 1985 mandates
certain procedures to amend adopted Growth Management Plana
(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 procea. to the
fullest extent possible; and
WHEREAS, local planning agencies and local
governmental units are directed to adopt procedures deaiqned to
provide effective public participation in the comprehensive
p1anninq process and to provide real property owners with
notice of all ofticlal 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 processinq amendments to
the Collier County Growth Management Plan consistent with the
requirements of the Florida Statutes.
NOW, THEREFORE, BE IT RESOLVED BY TIlE BOARD OF
COllNTY COMMISSIONERS OF COLLIER COllNTY, FLORIDA, that the
following requirements and procedures shall be followed before
an amendment to the Collier County Growth Manaqement Plan shall
occur:
A. The general requirements to initiate an amendment to the
Collier County Growth Management Plan or one of its
elements are as follows:
1. An amendment may be proposed by the Board of
County Commissioners (BCC), the Collier
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AUGUST 8. 1989
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).
2. The procedures provided herein shall apply to
all growth management plan amendments. Amend-
ments proposed in conjunction with a Florida
Quality Development, a DRI or in cases of
emergency, as defi~ed in Section 163.3l87(1)(a),
Florida Statutes, shall follow the procedure
except for the filing dates and public heuinq
dates for final adoption.
3. All Growth Management plan amendments will be
revie..'ed in one cycle starting on the fourth
Friday in January, annually. Proposed amend-
ments submitted after that date will not be
considered until the following review cycle.
The amendment process including staff review,
state and regional review and local public
hearings will take approximately 12 months to
complete.
4. All required copies of the application to amend
the Collier County Growth Management Plan and
supporting documentation along with a filing fee
of $2,100 for each requested change and/or amend-
ment must be submitted to the Community Develop-
ment Division prior to 5: OOp.m. of the fourth
Friday in January. For each application to amend
the Collier County Growth Management Plan Future
Land Use Map, a minimum filing fee of $2,100 for
each requested change plus a fee of $30 per acre
for each affected acre in the application must be
submitted to the community Development Division
prior to 5:00p.m. on the fourth Friday in January.
(Application fees for changes in the Growth
Management Plan Future Land Use Map filed
simultaneously with an Application for Development
Approval (ADA) which is part of the Development of
Regional Impact (DRI) process shall be waived).
The Corranunity Development Division will be the
responsible agency for processing the application
and preparing a recorranendation. The term "staff"
shall refer to the staff of the Community
Development Division.
5. Growth Management 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 Growth
Management Plan provided all of the conditions
are met as set forth in Section 163.3187 (1)
(c), Florida Statutes (1987).
B.
The procedure to amend the
Management Plan or one
follows:
Collier County Growth
of its elements is
1. A pre-application conference shall occur
between the peti tioner , the Communi ty
Development 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
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AUGUST 8, 1989
whether additional information is necessary to
enable staff to conduct a fomal review and
whether other amendments of the Growth
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
petition is adequate for formal review;
or
(bJ the petition i. 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
supplement the 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 75 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 75 day period.
5. The CCPC shall hold an advertised public
hearing with due public notice as defined by
Chapter 163, Florida Statutes, during which
staff will present their review and make a
preliminary recommendation to the CCPC. ~11
interested parties may appear and be heard.
written corranents of the general public filed
with the community Development Division will
be considered at the public hearing.
Following the CCPC public hearing, the
proposed amendment shall be forwarded to the
Bce with the recommendation of the CCPC.
6. On or before August 1, annually, but after
the cepe public hearing on such amendments
have been held, the BCC shall hold an
advertised public hearinq on the proposed
amendment during which the staff review and
preliminary recommendation, and any
recommenda tion made by the cepe 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
the Community Development Division will be
considered at the public hearing. Following
the BCC public hearing, the Bee will transmit
the appropriate number of copies of the proposed
amendment, to the state land planning agency, the
Department of Community Affairs (DCAI.
7. Upon receipt of the proposed Growth
Management Plan amendment the state land
planning agency, the reqional planninq
council and other qovernment agencies will
review said amendment pursuant to Section
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AUGUST 8, 1989
163.3184, Florida statutes. The state land
planninQ aQency shall transmit in writing its
comments to tho local government alonq with any
objections and any recommendations for
modifications.
8. Within 60 days of receipt of the review
corrments from the state land planning agency,
but no later than the second Tuesday in
January, annually, the Bce shall adopt the
~~endment, adopt the amendment with changes,
or determine that it will not adopt the
amendment.
9. On or before the second TUesday in January,
annually, the BCC shall hold its second
public hearing reQarding the proposed
amendment during which the final staff review
and recommendation, the CCPC recommendation,
state and regional review 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 propcsed
amendment. 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 amendment to the Growth
Management 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 l63. Florida
Statutes, until the local qovermnent has
adopted a comprehensive plan pursuant to
Sections 163.3167(2) and l63.3184, Florida
Statutes (1987).
C. This Resolution supersedes and repeals Resolution
86-144 relating to prior Growth Management Plan
~endment Procedures.
This Resolution adopted after motion, second and roll call vote
as follows:
Commissioner Saunders Aye
Commissioner Goodnight Aye
Commissioner Hasse Seconded and aye
Commissioner Shanahan Nay
commissioner Volpe Motioned and aye
DATE: August 8, 1989
BOARD OF COllNTY COMMISSIONERS
::~m ~#:;DA .
~. SAllNDERS, CHAIRMAN
ATrEST:
J~'rFo GILES, CLERK
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ASSISTANT COllNTY !>.TTORNEY
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