Resolution 1997-39212/ I
RESOLUTION NO. 97- 392
A RESOLUTION APPROVING A PROPOSED
AMENDMENT TO THE FUTURE LAND USE ELEMENT OF
THE GROWTH MANAGEMENT PLAN FOR TRANSMITTAL
TO THE DEPARTMENT OF COMMUNITY AFFAIRS BY
AMENDING THE AGRICULTURAL/RESIDENTIAL
SUBDISTRICT OF THE AGRICULTURAL/RURAL - MIXED
USE DISTRICT OF THE AGRICULTURAL/RURAL
DESIGNATION OF THE FUTURE LAND USE
DESIGNATION DESCRIPTION SECTION BY ALLOWING A
REALLOCATION OF AN UNSPECIFIED NUMBER OF
DWELLING UNITS FROM THE FIDDLER'S CREEK DRI,
LOCATED IN THE URBAN COASTAL FRINGE
SUBDISTRICT AND URBAN RESIDENTIAL FRINGE
SUBDISTRICT OF THE URBAN - MIXED USE DISTRICT
OF THE URBAN DESIGNATION, TO CERTAIN LANDS
ADDED TO THE FIDDLER'S CREEK PUD, LOCATED IN
THE AGRICULTIJRAL/RESIDENTIAL SUBDISTRICT, IN
EXCESS OF ONE DWELLING UNIT PER FIVE ACRES.
WHEREAS, Collier County, pursuant to Section 163.3161, et. sea., Florida Statutes, the
Florida Local Government Cornprehensive 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 G~cwth Management Plan on Januaw 10, 1989; and
WHEREAS, the Local Government Comprehensive Planning and Land Development
Regulation Act of 1985 provides authority for local governments to amend their respective
comprehensive plans and outlines certain procedures to amend adopted comprehensive plans
pursuant to Sections 163.3184 and 163.3187, Florida Statutes; and
WHEREAS, George Varnadoe, of Young, van Assenderp and Varnadoe, P.A.,
representing DY Associates Joint Venture, contract purchaser, has submitted an application to the
Collier County Planning Services Depadment to amend the Future Land Use Element of the
Growth Management Plan by allowing reallocation of an unspecified number of dwelling units in
the existing approved Fiddler's Creek DRI to certain lands added to the Fiddler's Creek PUD, in
excess of one dwelling unit per five acres.
WHEREAS, the Collier County Planning Commission has considered the proposed
amendment to the Future Land Use Element of the Growth Plan pursuant to Ihe authority granted
to it by Section 163.3174, Florida Statutes (1995), and has recommended approval of said
amendment to the Board of County Commissioners; and
WHEREAS, upon receipt of Collier County's proposed Growth Management Plan
Amendment, various State agencies and the Department of Community Affairs (DCA) have ninety
(90) days to review the proposed Amendment and DCA must transmit, in writing to Collier County,
its comments along with any objections and any recommendations for modification, within said
ninety (90) days pursuant to Section 163.3184, Florida Statutes; and
WHEREAS, Collier County, upon receipt of the written comments from DCA must adopt,
adopt with changes or not adopt the proposed Growth Management Plan Amendment, within sixty
(60) days of such receipt pursuant to Section 163.3184, Florida Statutes; and
WHEREAS, the DCA, within forty-five (45) days of receipt of Collier County's adopted
Growth Management Plan Amendment, must review and determine if the P~an Amendment is in
compliance with the Local Government Comprehensive Planning and Land Development Act of
1985; the State Comprehensive Plan; the appropriate Regional Policy Plan and Rule 9J-5, Florida
Administrative Code, pursuant to Section 163.3184, Florida Statutes.
NOW, THF' 'CORE, BE IT RESOLVED by the Board of County Commissioners of
Collier County, Florida, that:
The Board hereby approves this proposed amendr'nent to the Future Land Use
Designation Description Section of the Future Land Use Element of the Growth
Mansgement Plan, Agricultural'Rural Designation, Agricultural/Rural - Mixed Use District,
Agricultural/Residential Subdistdct, in accordance with Section 163.3184, Florida
Statutes. 'The text of the amendment is attached hereto as Exhibit "A" and incorporated
by reference herein, for the purpose of transmittal to the Department of Community Affairs
thereby initiating the required State evaluation of the Growth Management Plan
Amendment prior to final adoption and State determination of compliance.
THiS RESOLUTION ADOPTED after motion, second and majority vote this ,/? /~
dayof ~"~ ~ ,1997.
?':..../n:.Es,'r:.- :?, "
.':~- .';,; DWIG~T/I~. ~DCK, Clerk
~Proved as to form and legal sufficient:
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
TIMOTHY L/'HAN C'OC K~ -
Chairman --
MAF~JO~JE M. sT'J'D[=NT
Assistant County Attomey
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EXHIBIT 'A"
Amend the existing Future Land Use Element o[ the Growth Management Plan to allow the
realloc3tion gl' an unspecified number of dwelling units in the existing approved Fiddler's Creek
DRI located in the Urban designated area to certain lands added to tho Fiddler's Creek PUD
locater: in the A§ricuiturallRural designated area, in exc,~ss of one dwelling unit per five acres.
The proposed text change is to the Agricultural/Rural Designation, Paragraph A.I., page LU-1-39,
as follows:
Paragraph A. 1. of the Agricultural/Rural Designation of the Future Land Use Designation
Description Section
A. Agricultural/Rural - Mixed Use District
1. Agricultural/Residential Subdistdct
The purpose of this Subdistdct Is Io protect and encourage agricultural activities while providing
for low density residential use in outlying areas. Residential land uses may be allowed at a
maximum density o1' 1 unit per 5 gross acres. Existing units ap,Droved for the Fiddler's Creek DRI
ma_v be reallocated [0 those Darts of Sections 18 and 19. Tow~shl.o 51 South. Range 27 East.
~ to Fiddler's Creek DRI t~_ether with Dart of Section 29. Tow~shl.~ 51 South. Range 27
East. a~ greater than 1 unit Der 5 gross acres ,Drovided that no new units are added to
the 6.(Y',X) previously ao~roved units, which results in a gross density, of 1.6 units .Der acre for the
Fiddler's C~ .:~k DBJL..and further provided that no residential units shall be located on that DOrtiOn
~thin the Fiddler's Creek DRI: end further ,Drovided that South Florida Water
JV_zAQ~ement Districti~[.isdiction~l wetlands impacted b..v_Jb.~[2B4[g_s~d Sections do not exceed
.1.~_acres.
Words Mndedine~ are additions; Words str',.~,,.~, ..*hrcu~.h are deletions.
12A-1
Ieague of Women Voters of Collier County
Collier County Board of Co~nissioners
Collier County Government Center
3301. Tamiami Trail East,
Naples, Florida 34112
Tim Hancock
Tim Constantine
John Norris
Bar~ra Berry
Pam ~c'Kie
Oct. 14, 1997
Dear Commissioners,
In the p~st the League of Women Voters of Collier County has opposed and
continues to oppose efforts to expand the urban boundary into areas of the
county designated as agricultural/rural. This amendment to the Comprehensive
Growth ~anagement Plan proposes to do exactly that. The establishe~.~ urban
boundary should be preserved and retained as it now stands. The League of
Women Voters urge the Co~msissioners to reject this amendment to the
Comprehensive Growth ~nagement Plan.
Sincerely,
Pat Clark, Cresident
660 9th Street N., Suite 35B · Naples, Florida 34102 · Phone (941) 263-4656 · Fax (941) 263-4656