Resolution 1995-065
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RESOLUTION NO. 95- 65
A RESOLUTION ESTABLISHING A WORK PLAN AND SCHEDULE
OF EVENTS; PUBLIC PARTICIPATION PROCESS; AND
BOARD OF COUNTY COMMISSIONERS PARAMETERS FOR
COMMITMENT OF COUNTY RESOURCES TO PREPARE THE
SEVEN YEAR EVALUATION AND APPRAISAL REPORT
RELATING TO COLLIER COUNTY'S GROWTH MANAGEMENT
PLAN, ORDINANCE NO. 89-05, AS AMENDED, ACCORDING
TO THE PROCEDURES AND CRITERIA OUTLINED III
SECTION 163.3191, FLORIDA STATUTES AND RULE
9J-5.0053, FLORIDA ADMINISTRATIVE CODE,
EVALUATION AND APPRAISAL REPORTS.
WHEREAS, the Local Government Comprehensive Planning and Land
Development Regulation Act of 1985, as amended, {Section 163.3191
et ~., Florida statutes (1994) and Rule 9J-5.0053, Florida
Administrative Code, Evaluation and Appraisal Reports and
Evaluation and Appraisal Amendments, require that a local
government periodically update its comprehensive plan through the
preparation and adoption of an evaluation and appraisal report
(EAR) and adoption of an evaluation and appraisal report-based
plan amendments; and
WHEREAS, Rule 9J-33, Florida Administrative Code, Schedule
for the Transmission and Submission of Local Government
Evaluation and Appraisal Reports, requires Collier County to
adopt and submit the EAR by January 1, 1996; and
WHEREAS, the Board of County Commissioners subscribes to
sound local planning practices within a community needs
environment based on the home rule prerogatives of Florida local
governments; and
WHEREAS, it is the policy of the Board of County
commissioners to conduct comprehensive planning programs within
the fiscal constraints of the Adopted Annual Budget
appropriations; and
WHEREAS, the Department of Community Affairs will provide a
maximum of $20,224 to Collier County in 1995 from the Evaluation
and Appraisal Report Assistance Program enacted by the 1994
Florida State LegiSlature; and
WHEREAS, the Department of Community Affairs has not
completed its final supplemental technical assistance manual to
Rule 9J-5.0053, Florida Administrative Code, Evaluation and
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Aopraisal Reports: Handbook for Local Governments, which when
adopted will constitute incipient Department policy for
determination of a finding of sUfficiency for adopted local
governments EARs; and
WHEREAS, collier County is included in a group of local
governments required to submit EARs at one of the earliest dateB
per Rule 9J-33, F.A.C., and therefore, time being of the essencf~;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLCRIDA, that:
1. Collier County will conduct the preparation of the EAR in
accordance with the worxplan and schedule outlined on Exhibit A.
2. Collier County will prepare the varicus analyses requir,~d
to meet the criteria of Rule 9J-5.0053, Florida Administrative
~ using the best data currently available from sources insid.?:
and outside of the County government, including State agencies.
County departments will not undertake new data collection or th.?:
commission of outside ~onsultants to prepare studies and data
collection for the purpose of preparing the EAR. However, the
EAR may identify the need for new studies and data collection
efforts which will be required associated with the adoption of
the EAR based Growth Management Plan Amendments to be adopted
within twelve (12) months of submission of the EAR.
3. Collier County will not prepare and submit the EAR based
amendments at the time of adoption of the EARl but will prepare
a schedule for transmittal and adoption of the amendments
identified as needed or desirable in the EAR.
4. Collier County will endeavor to meet the workplan
schedule (Exhibit A) CUlminating in adoption of the EAR by the
Board by January I, 1996. However, priority will be placed on a
careful gauging and solicitation of community consensus, not only
on the successes and failures of the Growth Management Plan since
its adoption in January, 1989, but also on the creation of a Ne\/
Vision for Collier County to be reflected in the EAR based
amendments which will be adopted in 1997. In consideration of
this goal, the workplan (Exhibit A) will be accomplished in the
most expeditious manner within the bounds of FY95 and FY96
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staffing and funding appropriations in the Adopted County Budget.,
supplemented by grant monies provided by the State and the
volunteered energies of the envolved advisory boards members.
5. In consideration of the resources to be expended by the
community during 1995 in preparing the EAR, the Board directs
staff not to initiate or entertain public petitions for Plan
amendments during the FY95 Plan Amendment Cycle which are
discretionary or non-essential to the health, safety and welfarl~
of the public.
6. In the event that the Southwest Florida Regional Planning
Council (SWFRPC) receives delegation of SUfficiency review of
local EARs from the Department of Community Affairs with final
approval authority, as the SWFRPC has requested, Collier County
will submit its EAR to the SWFRPC for sufficiency review. If
final approval authority is not delegated to the SWFRPC by the
Department of Community Affairs, the County will submit its EAR
directly to the Department for sufficiency review.
7. Public participation in the preparation of the EAR per
Rule 9J-5.0053, Florida Administrative Code will be accomplished
by the creation of a twenty-five (25) member ad roc Citizens
Advisory Committee (CAC) to the Collier County Planning
commission appointed by the board of County Commissioners for a
term not to exceed one (1) year and representing the full
spectrum of the citizenship of Colli~r County. The CAC will
review, comment, make recommendations and hold public workshops,
with staff liaison and assistance, on staff prepared draft EARs
resulting in proposed final EARs to be presented to the Collier
County Planning Commission. The CAC will appoint subcommittees
for review of EARs for individual elements and subelements of the
Growth Management Plan.
8. The Board of County Commissioners hereby directs that the
preparation of the Collier County EAR be undertaken based on
County legal and technical staff interpretation of Section
163.3191, Florida statutes and Rule 9J-5.0053, Florida
Administrative Code within available resources and time
constraints.
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vote.
This Resolution adopted after motion, second and majority
DATED: :Ad;---
, /,
A'ITEST: /.
DWIGHT E. BR~CK, CLERK
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. M>PROVro: AS' TO FORM AND
LEGAL SUFFICIENCY:
'7) h '~ ',/""-L 1n &.-Uj,~" (
MARJORJE H. STUDENT
ASSISTANT COUNTY A'ITORNEY
Doc. Ref: 2186jGHjrk
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