Resolution 1999-363RESOLUTION NO. 99- 3.._.63
A RESOLUTION DECLARING A LAND DEVELOPMENT CODE
RELATED EMERGENCY TO PERMIT AN ADDITIONAL
EMERGENCY AMENDMENT CYCLE IN ORDER TO ADOPT LAND
DEVELOPMENT REGULATIONS THAT IMPLEMENT THE
INTERIM AMENDMENTS TO COLLIER COUNTY'S GROWTH
MANAGEblENT PLAN AS ORDERED BY THE ADMINISTRATION
COMMISSION.
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WHEREAS, on April 6, 1996, Collier County adopted an Evalvation and
Appraisal Report (EAR) for its Growth Management Plan (GMP) as required by Section
! 63.3191, Florida Statutes; and
WHEREAS, on November 14, 1997, Collier County adopted the EAR-based
amendments to its Growth Management Plan; and
WHEREAS, on December 24, 1997, the Department of' Community Affairs
(DCA) issued its Notice and Statement of Intent to find the County's EAR-based
arnendmen~ not in compliance as defined by Section 163.3184(1)O), Florida Statutes;
and
WHEREAS, pursuant to Subsection 163.3184(10Xa), Florida Statutes, the DCA
petitioned for a formal administrative hearing to review the EAR-based amendments
found in non-compliance; and
WHEREAS, the petition was forwarded to the Division of Administrative
Hearings (DOAH), an Administrative Law Judge was assigned and a £~ve-day formal
administrative hearing took place in May. 1998; and
WHEREAS, the Administrative Law Judge issued a Recommended Order on
March 19, 1999, finding the EAR-based amendments at issue in non-compliance; and
WHEREAS, the matter was considered by the Governor and Cabinet sitting as the
Adminislration Commission on June 22, 1999 pursuant to Subsection 163.3184(10)(b),
Florida Statutes; and
WHEREAS, pursuant to Subsection 163.3184(11), Florida Statutes, the
Administration Commission is authorized to take final agency action regarding whether
or not comprehensive plan amendments are in compliance; and
WHEREAS, the Administration Corrmaission, upon review of the Record of the
administrative hearing, the Recommended Order including the Findings of Fact and
Conclusions of Law contained therein, also found the EAR-based objections and policies
at issue not in compliance; and
WHEREAS, the Administration Commission on June 22, 1999 entered a Final
Order directing Collier County to, among other things, adopt Interim and Remedial
Amendments to its Growth Management Plan together with implementing land
development regulations; and
WHEREAS, according to a schedule adopted by the Administration Commission
the implementing land development regulations for the Interim Amendments must be
adopted by November 14, 1999; and
WHEREAS, the Final Order provides for a number of fiscal sanctions should the
County fail to follow its directives, including the schedule of adopting land development
regulations; and
WHEREAS, Section 1.19.1 of the Collier County Land Development Code
provides that amendments may be made to it no more man twice in any calendar year
unless there is an emergency as defined by Subsection 1.19.1.3 thereof; and
WHEREAS, the schedule for adoption of the Administration Commission
ordered land development regulations does not coincide with the established time-frames
to amend the Land Development Code thus necessitating a declaration of emergency.
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
SECTION ONE: DECLARATION OF EMERGENCY
It is hereby declared pursuant to subsection 1,19.1.3 of the Land Development
Code that an emergency exists in that should the County not meet the November 14, 1999
dead-line for the adoption of land development regulations to implement the interim
amendments to the Gro~vth Management Plan, it could suffer fiscal sanctions for failure
to adopt said land development regulations as directed by the Administration
Commission in its June 22, 1999 Order.
SECTION TWO:
DIRECTION TO PROCEED WITH ADDITIONAL
AMENDMENT CYCLE
It is hereby directed that in order to meet the November 14, 1999 deadline for
adopting land development regulations that an emergency land development code cycle
be established wherein amendments shall be adopted by this Board of County
Commissioners no later than November 14, 1999.
This Resolution adopted after unanimous vote.
Done this ~ day of September, 1999.
'YkTTEST::,;,~ ..z..~ BOARD OF COUNTY COMMISSIONERS
DWIGHT E'.'B~CK, Clerk COLLIER COUNTY, FLORIDA
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Approved as to form and legal suffsciency:
Assistant County Attorney
h:hg, tmn~dDCA Interim AmendmenU