Ordinance 2010-33
ORDINANCE NO. 10-33
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AN ORDINANCE AMENDING ORDINANCE NO. 89-05, AS:> ~ ~=~
AMENDED, THE COLLIER COUNTY GROWTH u'
MANAGEMENT PLAN FOR THE UNINCORPORATED AREA :Ti,: W
OF COLLIER COUNTY, FLORIDA BY PROVIDING FOR: AN ::" :~
AMENDMENT TO THE FUTURE LAND USE ELEMENT, 1=
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PROVIDING FOR SEVERABILITY AND PROVIDING FOR AN -. D
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EFFECTIVE DATE. :;>' . .
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WHEREAS, Collier County, pursuant to Section 163.3161, et. seq., 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
County Growth Management Plan on January 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, Dwight Nadeau of RW A, Incorporated, requested an amendment to re-
designate from Rural Fringe Mixed Use District, Sending Lands to Rural Fringe Mixed Use
Neutral Lands to allow for the use "facilities for the collection, transfer and processing and
reduction of solid waste", for property located on the east and south sides of Washburn A venue,
east of Naples landfill, in Section 31, Township 49 South, Range 27 East, consisting of 28.7:t
acres; and
WHEREAS, Collier County did submit this Growth Management Plan amendment to the
Department of Community Affairs for preliminary review on January 27,2010; and
WHEREAS, the Department of Community Affairs did review the amendment to the
Future Land Use Element and 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
Words underlined are additions; words struck through are deletions
Future Land Use Element Petition CP-2008-4
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WHEREAS, instead of a redesignation of the land use designation, County Staff
proposed and the applicant accepted an amendment to the Rural Fringe Mixed Use District,
Sending Lands to add as a conditional use "facilities for resource recovery and the collection,
transfer, processing and reduction of solid waste" for property located in the southwest quarter of
the southwest quarter of Section 31, Township 49 South, Range 27 East, consisting of 28.7 acres;
and
WHEREAS, the Board of County Commissioners of Collier County did take action in the
manner prescribed by law and did hold public hearings concerning the transmittal and adoption
of an amendment to the Future Land Use Element and Future Land Use Map and Map Series, of
the Growth Management Plan; 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 June 15, 2010 and June 17,2010,
and the Collier County Board of County Commissioners held on July 28,2010; 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 AN AMENDMENT TO THE GROWTH
MANAGEMENT PLAN
The Board of County Commissioners hereby adopts this amendment to the Future Land
Use Element, in accordance with Section 163.3184, Florida Statutes. The text of the amendment
is attached hereto as Exhibit "A" and are incorporated by reference herein.
Words underlined are additions; words struck through are deletions
Future Land Use Element Petition CP-2008-4
2
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 DUL Y ADOPTED by the Board of County Commissioners of Collier
County, Florida this 28th day of July, 2010.
ATTEST:
DWIOHf'.E:'BROCK, Clerk
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MV~;llt;tt>: /'Orin and legal suffiency:
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eidi Ashton-Cicko, Land Use Section Chief
and Assistant County Attorney
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY: </t-.L W, ~
FRED W. COYLE, CHAI AN
This 0idlnCi'nCi flIed wJ1fi tf1e
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and ocknowledgeme hot
fili recei . day
of
Words underlined are additions; words struck through are deletions
Future Land Use Element Petition CP-2008-4
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CP-2008-4
Exhibit A
FUTURE LAND USE ELEMENT
II. AGRICULTURAURURAL DESIGNATION
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8. Rural Fringe Mixed Use District
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1. Transfer of Development Rights (TOR), and Sending, Neutral, and Receiving
Designations
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C) Sending Lands
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8. Conditional Uses:
[Page 77J
a) The following uses are conditionally permitted subject to approval through a
public hearing process:
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5 Facilities for resource recove and for the collection transfer rocessin
and reduction of solid waste. for a z29 acre property located within the
southwest auarter of the southwest auarter of Section 31. Township 49S.
Ranae 27E. provided previouslv cleared or disturbed areas are utilized so
as to avoid impacts to native habitats and to protect existina conservation
easement areas from new or expandina uses. This shall not be
interpreted to allow for the establishment or expansion of facilities for
landfillina. drvtillina. incineratina. or other method of onsite solid waste
disposal.
CP-2008.4 Exhibit A per CCPC rec. - Adoption
G:IComprehensivelCOMP PLANNING GMP DATAIComp Plan Amendments\2007-2008 Combined Cycle Petitions\2008 Cycle PetitioosICP-2008.4 re-designate
RFMUD Sending to Neutral dw/6-24-10
Words underlined are added; words strl::Jok through are deleted.
Row of asterisks (*** *** ***) denotes break in text.
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 2010-33
Which was adopted by the Board of County Commissioners
on the 28th day of July, 2010, during Special Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 2nd
day of August, 2010.
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DWIGHT E. BROCKi~~.;!'..."'''''''',;.!", ~
Clerk of Court'~?'~R&;"Cle.rk
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Ex-officio tol Eitict~dof'
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County Commis~rqie:r\$.",'
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By: Ann Jennejohn,
Deputy Clerk