Ordinance 98-012 ORDINANCE NO. 98-,.. Z2
AN ORDINANCE AMENDING THE FUTURE LAND
USE ELEMENT OF ORDINANCE NUMBER 89-.05, AS
AMENDED, THE COLLIER COUNTY GROWTH
MANAGEMENT PLAN, FOR THE
l s~7~i7.--- UNINCORPORATED AREA OF COLLIER COUNTY,
i.', ~'~t~z ~/ FLORIDA, BY AMENDING THE
I <'j~i AGRICULTURAL/RESIDENTIAL SUBDISTRICT
/,,~v ~f. ~ 'v THE AGRICULTURAL/RURAL MIXED USE;
I DISTRICT OF THE AGRICULTURAI./RURAL.~
'~ i'j 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 AGRICULTURAL/RESIDENTIAL
SUBDISTRICT, IN EXCESS OF ONE DWELLING
UNIT PER FIVE ACRES; BY PROVIDING FOR
SEVERABILITY; AND BY PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the Board of County Commissioners adopted the Collier County
Growth Managem;nt Plan on January 10, 1989; and
WHEREAS, George Vamadoe, of Young, van Assenderp and Vamadoe, P.A.,
representing DY Associates Joint Venture, contract purchaser, has submitted an
application to the Caller County Plannlng Services Department to amend the Future
Land Use Element of the Growth Management Plan by allowing reallocation of an
unspecl~ed number of dwelling units In the existing approved Fiddlers Creek DRI to
certain lands added to the Fiddler's Creek PUD, in excess of one dwelling unit per five
acres; and
WHEREAS, Collier County did submit this Growth Management Plan amendment
to the Department of Community Affairs for preliminary review on October 23, 1997; and
WHEREAS, the Department of Community Affairs did review and make written
objections to this Future Land Use Element amendment to the Growth Management
Plan and transmitted the same in wdtlng to Collier County within the time provlded by
law; and
WHEREAS, ColIler County has 120 days from receipt of the written objections
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 public headngs concerning the adoption of
this Future Land Use Element amendment to the Growth Management Plan on
February 24, 1998; and
WHEREAS, Collier County has gathered and considered additional information.
data and analysis supporting adoption of this amendment to the Growth Management
Plan, including the following: the Collier County staff report; the Notice of Proposed
Change application and Development Orders for the Fiddlers Creek DRI; the Fiddlers
Creek PUD rezoning application; the document entitled Collier County Growth
Management Plan Amendment (CP-97-3) adding acreage to the Fiddlers Creek DRI,
and 13 exhibits attached thereto; the letter dated January 6, 1998, to DCA Bureau Chief
Tom Beck. prepared by Young, van Assenderp & Vamadoe, P.A.; the 1997 Market
Conditions Study prepared by Fraser & Mohlke Assodates, Inc.; the Report from Arthur
C. Nelson, Ph.D., ASCE, AICP; and the other documents, testimony and Information
presented and made a part of the record at the meetings of the Collier County Planning
Commission held on February 5, 1998, and the Collier County Board of County
Commissioners held on February 24, 1998; and
WHEREAS, all app,cable substantive and procedural requirements of law have
been met; and '
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
B.E.~JD~LQ~: ADOPTION OF AMENDMENT TO THE FUTURE LAND USE
ELEMENT OF THE GROWTH MANAGEMENT PLAN.
The Board hereby adopts this amendment to the Future Land Use
Designation Description Section of the Future Land Use Element of the Growth
Management Plan, Agricultural/Rural Designation, Agricultural/Rural - Mixed Use
DIstrict, Agdculturel/Resldentlal Subdistrict, In accordance with Section 163.3184,
Florida Statutes. The text of the amendment Is attached hereto as Exhibit 'A' and
incorporated herein by reference.
~.O.~L.~Z.Q: SEVERABILITY.
If any phrase or portion of this Ordinance is held invalid or unconstitutional by any
court of competent Jurisdlctlon, such portion shall be deemed a separate, distinct and
Independent provision and such holding shall not affect the validity of the remaining
po~on,
~CLT.~B._~IB,~: EFFECTIVE DATE.
The effective date of this amendment to the Future Land Use Element shall be the
date a final order is Issued by the Department of Community Affairs or Administration
Commission finding the Element in compliance In accordance with Section 163.3184,
Flodda Statutes, whichever occurs eadler. No development orders, development
permits. or !and 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 Bivd., 3'" Floor. Tallahassee, Flodda 32399-2100.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County this o~ y' day of FebmaW, 1998.
"ATI'EST./ ". "': BOARD OF COUNTY COMMISSIONERS
.., .<.:
r,'.. ,... ,
· ','-"- /':" ',:' :-"' CHAIRMAN
· ~i .. "../.- ' · ..
'. z' :l>, ~ : ,,.,'
"':APPRQVED AS TO FORM AND
LEGAL SUFFICIENCY:
·
~. STUDENT This ordlrNonce fi'led with fie
Ass,sTANT coup' A rORNEY
ond ocknowledgernent of thor
flJi received this-,3'/1:;¢' dey
oer,.~.Cb,t" '
,, 3
EXHIBIT "A"
Amend the existing Future Land Use Element of the Growth Management Plan to allow
the reallocation of an unspeci~ed number of dwelling units in the existing approved
Fiddler's Creek DRI located in the Urban designated area to certain lands added to the
Fiddler's Creek PUD located in the Agricultural/Rural designated area, in excess of one
dwelling unit per five acres. The proposed text change is to the Agricultural/Rural
Designation, Agricultural/Rural Mixed Use District, Agricultural/Residential
Subdistrict, Pm'agraph A.I., page LU-I-39, as follows:
A. Agricultural/Rural - Mixed Use District
1. Agricultural/Residential Subdistrict
The purpose of this Subdistrict is to protect and encourage agricultunl activities
while providing for low density residential use in outlying areas. Residential land
uses may be allowed at a maximum density of I unit pet 5 gross aere. s. Bxisfimz
units az~mved for th~ Fiddler's Creek DRI may be reallocated to those parts of
Sections 15 and 19. Township 51 $ouTl~ Ramze 27 East added to Fiddler's Creek
DRI toizether with vart of Section 29. Townshiv 51 South. Ramte 27 East at a
density gFe. atc'r than 1 .lglit vex 5 m'oss acres vrovided that no new units tr¢ added to
the 6.000 previously anteroved units. which results in a in'oss densiw of 1.6 units t~er
acre fox the Fiddler's Creek DRI: and further t, mvided that no residential units shall
~ located on that hart of Sec~pz~ ~p within the Fi~Idlef'~ Cr~k pRl; and further
prgviderd th0~ South Florida Water Management District jurisdictional wellands
imposed by the DRI in saitJ $~ctipns do not exceed 10 acres.
Words underlined an additions; Wo~ are deletions.
C) s,o
--~
-.4 ~
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 copy of:
ORDINANCE NO. 98-12
Which was adopted by the Board of County Commissioners on the 24th day
of February, 1998, during Regular Session.
WITNESS my hand and the official seal of the Board of County
Commissioners of Collier County, Florida, this 24th day of February,
1998.
DWIGHT E. BROCK
Clerk of Courts and
Ex-officio to Board
C~yntC o mm 1 s s i~
..
',,,