Ordinance 90-088 ORDINANCE 90- 88 ~
:' AN ORDINANCE AMENDING ORDINANCE NO. 90-23
KNOWN AS THE COLLIER COUNTY ZONING
~" REEVALUATION ORDINANCE; AMENDING SECTION 2.4
EXEMPTIONS; PROVIDING AN EXEMPTION FOR THE ~ ~-~
URBAN DESIGNATED AREAS OF COPELAND,
CHOKOLOSKEE AND PLANTATION ISLAND AS
IDENTIFIED ON THE FUTURE LAND USE HAP;
RENUHBERING SECTION 2.4.7 AND 2.4.8;
PROVIDING FOR LIBERAL CONSTRUCTION AND
SEVERABILITY AND PROVIDING FOR AN EFFECTIVE
DATE ·
, the Growth Management Plan as adopted by the Board
Commissioners on January 10, 1990 provides for Urban
Areas which are areas identified on the Future Land
WHEREAS, the Urban Deaignated Areas include those areas
Zoning Districts which allow the highest densities and
'of use and where fiscal resources are concentrated
the mo~t efficient and effective provision of roads, water
sewage treatment and water management~ and
WHEREAS, the Urban Designated Areas are located and
to guide concentrated population growth and intensive
.'~evelopmant and zoning districts and to discourage urban
~HEREAS,.:Plantation Island, Chokoloskee, Copeland are
as Urban Areas on the Future Land Use Map of the
gement Plan~ and
~NHEREAS, the Collier County Zoning Reevaluation Ordinance
No. 90-23) was adopted by the Board of County
on March 21, 1990~ and
:' WHEREAS, the Zoning Reevaluation Ordinance applies to all
property in the unincorporated area of Collier County
!is inconsistent with the Future Land Use Map~ and
, the purpose and intent of the Zoning Reevaluation
is, inter alia, to adjust zoning to reduce the
between planned land uses and public facilities~ to
the need to balance evacuation capability and the at
a in the Hurricane Vulnerability Zones in Collier
by limiting or reducing the maximum permitted densities
Zones to ensure that the population at risk in those
~es~could eafely evacuate in time of a hurricane event; and to
those properties that are unimproved and inconsistent
Future Land Use Map .to:a Zoning District that is
~ and
, The Urban Designated Areas of Plantation Island,
~eland and Chokoloskee are unique small communities that have
urban, facilities for the projected buildout populations
.community; the rate. of growth in each of these
ia slow; the infrastructure for the projected
growth in each of these communities has been planned,
financing fgr.the came has been committed, to keep pace with
eu~ projected.population growth and its resulting
loPment will not create a negative impact on public
in these communities~ hurricane evacuation capability
balanced with the buildout population for these communities
the .p..~lio.hea~th, safety and welfare and
~ and
, it is the intent of the Board of County
to encourage growth in the communities of
'xantation Island, Copeland and Chokoloskee consistent with the
development pattern~ and
~:~!iWHEREAs,"Plantation Island, Copeland and Chokoloskee are
small, isolated, and self-contained Urban Designated
separated from all other Urban Designated Areas of
Future Land Use Map, and are urban enclaves largely
by S~ate and federally owned parks and preserves,
the Everglades National Park, the Fakahatchee Stran~
preserve, the Big Cypress National Preserve, and the Big
Area of Critical State Concern.
NOW, THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY
OF COLLIER COUNTY, FLORIDA:
2
Section 2.4, Exemptions, of the Collier .~
Zoning Reevaluation Ordinance (Ordinance No. 90-23) :;~:
!.shall be amended to add a new section 2.4.7 as follows:
~ Uni=ue Urban Designated Areas of
Plantation Island. Chokoloskee and CoDeland. The
'provisions of this Ordinance shall not affect the lawful
~ issuance of any development order or the validity of any
'.'.. lawfully issued and effective development order for
:'~:':!i.'property located in the Urban Designated Areas of
Plantation Island, Chokoloskee, and Copeland, as shown on
'.~the Future Land Use Map of the Growth Management Plan, due
to the unique character of each of these areas.
:~e'SECTION TW0~ "Existing Sections 2.4.7 and 2.4.8 of the
'"~ COllier County Zoning Reevaluation Ordinance shall be
~ renumbered to 2.4.8 and 2.4.9, respectively, and all other
references to such provisions shall be and are hereby
deemed to be amended to reflect such renumbertng.
SECTION TKREE~ LIBERAL CONSTRUCTION AND SEVERABILITY
,.-' 3.1 Liberal Construction. The provisions of this
Ordinance shall be liberally construed to effectively carry
~'~ out its intent and purpose tn the interest of public
· health, safety, welfare and convenience.
3.2 Severability. If any section, phrase, sentence
';'. or portion of this Ordinance Is for any reason held invalid
or unconstitutional by any court of competent jurisdiction,
ii:;.-Such, portion shall be deemed a separate, distinct, and
{.i 'independent provision, and such holding shall not affect
the· validity of the remaining portions thereof.
~. ,.
SECTION FOU~= EFFECTIVE DATE.
This Ordinance shall become effective upon receipt of
notice from the Secretary of State that this Ordinance has
been filed with the Secretary of State.
PASSED AND DULY ADOPTED by the Board of County
Commissioners of Collier County, Florida, this 27 day
BOARD OF COUNTY COHMISSIONER~
COLL~OUNTY, F.~RI~A
C. ~XLES, Cler~ o~ Cour~ In and ~or the
~dAcAal Circuit, Collier Co~t~, Florida, do
cer~Af~ that the fore~oAn~ As a true cop~ off:
Ordf. n~ce No.. 90-88
adopted BU the Board of Co~tu Co~issloners on
of November, ~990, durAn~ Special Session.
~ h~d ~d the °fflcAal eeal o~ the Board
r~ o~ Collie~ Co~t~, F~orlda, thA- 29th
, ~990.
~. '.. ~.' ~f
~[:~' Clerk of Courta and O] ." .
:;~ 2x-officio to Board of~.
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