Ordinance 2008-58
ORDINANCE NO. 085~
AN ORDINANCE AMENDING ORDINANCE NO. 89-05, AS
AMENDED, THE COLLIER COUNTY GROWTH MANAGEMENT
PLAN FOR THE UNINCORPORATED AREA OF COLLIER
COUNTY, FLORIDA BY PROVIDING FOR AN AMENDMENT TO
THE FUTURE LAND USE ELEMENT AND FUTURE LAND USE
MAP AND MAP SERIES, PROVIDING FOR SEVERABILITY AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Collier County, pursuant to Section 163.3161, et. sea., Florida Statutes, the
Florida Local Government Comprehensive 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
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County Growth Management Plan on January 10, 1989; and r- ~ . ;>:~
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WHEREAS, the Local Government Comprehensive Planning and Land oe.velopmenf~l
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Regulation Act of 1985 provides authority for local governments to amend theii.ir;esp~ive:.'=
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comprehensive plans and outlines certain procedures to amend adopted comprehEifl$ive ~lanst Tj
Pursuant to Sections 163.3184 and 163.3187, Florida Statutes; and -. . . .- ',=,
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WHEREAS, Parks and Recreation Department staff initiated an amendllJ~~ tC!~~~he
Future Land Use Element and Future Land Use Map and Map Series, to change the Future
Land Use Map (FLUM) designation from Urban-Mixed Use District/Urban Coastal Fringe
Subdistrict to the Conservation Designation, and to make a corresponding text change to
reference a new map of the site for the County-owned Mar-Good Park property located in
Goodland, adjoining Pettit Drive, Pear Tree Avenue, and Papaya Street, in Section 18,
Township 52 South, Range 27 East, Collier County, Florida consisting of 2.5:f: acres; and
WHEREAS, Collier County did submit this Growth Management Plan amendment to the
Department of Community Affairs for preliminary review on May 12, 2008; and
WHEREAS, the Department of Community Affairs did review the amendment to the
Future Land Use Element Future Land Use Map and Map series to the Growth Management
Plan and transmitted its findings in writing to Collier County within the time provided by law; and
WHEREAS, Collier County has 60 days from receipt of the Objections,
Recommendations, and Comments Report from the Department of Community Affairs to adopt,
adopt with changes or not adopt the proposed amendment to the Growth Management Plan;
and
WHEREAS, the Board of County Commissioners of Collier County did take action in the
manner prescribed by law and did hold a public hearing concerning the adoption of this
amendment to the Future Land Use Element and Future Land Use Map and Map Series to the
Growth Management Plan on October 14, 2008; and
WHEREAS, Collier County has gathered and considered additional information, data
and analysis supporting adoption of this amendment, including the following: the Collier County
Staff Report; the document entitled Collier County Growth Management Plan amendment, and
other documents, testimony and information presented and made a part of the record at the
meetings of the Collier County Planning Commission held on August 19, 2008, August 29,
2008, and September 18, 2008, and the Collier County Board of County Commissioners held on
October 14, 2008; and
WHEREAS, all applicable substantive and procedural requirements of law have been
met.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
SECTION ONE:
ADOPTION OF AMENDMENT TO THE GROWTH MANAGEMENT PLAN
The Board of County Commissioners hereby adopts this amendment to the Future Land
Use Element and Future Land Use Map and Map Series in accordance with Section 163.3184,
Florida Statutes. The text and maps of the amendment are attached hereto as Exhibit "A" and
are incorporated by reference herein.
SECTION TWO:
SEVERABILITY.
If any phrase or portion of this Ordinance is held invalid or unconstitutional by any court
of competent jurisdiction, such portion shall be deemed a separate, distinct and independent
provision and such holding shall not affect the validity of the remaining portion.
SECTION THREE: EFFECTIVE DATE.
The effective date of this amendment shall be the date a final order is issued by the
Department of Community Affairs or Administration Commission finding the amendment in
compliance in accordance with Section 163.3184, Florida Statutes, whichever occurs earlier.
No development orders, development permits, or land uses dependent on this amendment may
be issued or commence before it has become effective. If a final order of noncompliance is
issued by the Administration Commission, this amendment may nevertheless be made effective
by adoption of a Resolution affirming its effective status, a copy of which Resolution shall be
sent to the Department of Community Affairs, Bureau of Local Planning, 2555 Shumard Oaks
Blvd., 3rd Floor, Tallahassee, Florida 32399-2100.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida this } t.j1'1 day of C~ ' 2008.
ATTEST:
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER CO NTY, FL RIDA
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Approved as to form and legal suffiency:
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Marjorie M. Student-Stirling
Assistant County Attorney
Petition CPSP-2006-12 - Future Land Use Element Future Land Use Map and Map Series
Th!s c:~ I..-~i:"i::lnc:'.'
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EXHIBIT A
CPSP-2006-12
FUTURE LAND USE MAP SERIES
[page 124]
Future Land Use Map
Mixed Use & Interchange Activity Center Maps
Properties Consistent by Policy (5.9,5.10,5.11,5.12,5.13,5.14,5.15) Maps
Collier County Wetlands Map
Collier County Wellhead Protection Areas and Proposed Welltields and ASRs Map
Rivers and Floodplains Map
Estuarine Bays Map
Soils Map
Existing Commercial Mineral Extraction Sites Map
Bayshore/Gateway Triangle Redevelopment Overlay Map
Stewardship Overlay Map
Rural Lands Study Area Natural Resource Index Maps
North Belle Meade Overlay Map
Existing Public Educational Plants (Schools) and Ancillary Plants (Support Facilities) Map
Existing Sites for Future Public Educational Plants and Ancillary Plants
Plantation Island Urban Area Map
Copeland Urban Area Map
Railhead Scrub Preserve - Conservation Designation Map
Lely Mitigation Park - Conservation Designation Map
MarGood Park - Conservation Desienation MaD
Urban - Rural Fringe Transition Zone Overlay Map
Orange Blossom Mixed Use Subdistrict Map
Vanderbilt Beach/Collier Boulevard Commercial Subdistrict Map
Davis Boulevard/County Barn Road Mixed Use Subdistrict Map
Goodlette/Pine Ridge Commercial Intill Subdistrict Map
Henderson Creek Mixed-Use Subdistrict Map
Buckley Mixed-Use Subdistrict Map
LivingstonlPine Ridge Commercial Intill Subdistrict Map
Vanderbilt Beach Road Neighborhood Commercial Subdistrict Map
Livingston Road/Eatonwood Lane Commercial Intill Subdistrict Map
Livingston Road Commercial Intill Subdistrict Map
CPSP.2006-12 Exhibit A Adoption - as approved by BCC
G:\Comprehensive\Comp. Planning GMP DATA\Comp. Plan Amendments\2006 Cycle PetitionsICPSP-2006-12 Mar-Good Park FLUM
Change\Exhibit A
dw/l0-15-D8
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STATE OF FLORIDA)
COUNTY OF COLLIER)
I, DWIGHT E. BROCK, Clerk of Courts in and for the
Twentieth Judicial Circuit, Collier County, Florida, do
hereby certify that the foregoing is a true and correct
copy of:
ORDINANCE 2008-58
Which was adopted by the Board of County Commissioners
on the 14th day of October, 2008, during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 20th
day of October, 2008.
DWIGHT E. BROCK
Clerk of Courts and Clerk
Ex-officio to Board of
County Commissioners.. .
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By: Ann Jennejohn.,
Deputy Clex:k
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