Ordinance 2010-34
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/:~ ;:J~0:::;:." \() ~ AN ORDINANCE AMENDING ORDINANCE NO. 89-05, AS =::::
\ ~~ \~\)\j ~\j ~ AMENDED, THE COLLIER COUNTY GROWTH
',:',\ !! MANAGEMENT PLAN FOR THE UNINCORPORATED AREA f2;':
'p. ~ OF COLLIER COUNTY, FLORIDA BY PROVIDING FOR: AN I';
"<:::'0,", 9'L4'; AMENDMENT TO THE FUTURE LAND USE ELEMENT,
"::JgSt.!-1., PROVIDING FOR SEVERABILITY AND PROVIDING FOR AN~,
EFFECTIVE DATE.
ORDINANCE NO. 10-34
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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, Comprehensive Planning staff initiated an amendment to the Future Land
Use Element to add a new Policy 4.11, to address the alignment of dates within the various
elements of the Growth Management Plan for planning time frames for the Future Land Use
Map, the Rural Lands Stewardship Area Overlay Map, and Transportation Element long range
maps; 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, 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 public hearings concerning the transmittal and adoption
of an amendment of the Future Land Use Element, to the Growth Management Plan; and
Words underlined are additions; words struck through are deletions
Future Land Use Element Petition CPSP-2008-7
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 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.
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.
Words underlined are additions; words struck throHgh are deletions
Future Land Use Element Petition CPSP-2008-7
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PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida this 28th day of July, 2010.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
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BY:
FRED W. COYLE, CHAIRMAN
Words underlined are additions; words struck through are deletions
Future Land Use Element Petition CPSP-2008-7
3
CPSP-2008-7
EXHIBIT A
FUTURE LAND USE ELEMENT
[Page 15-16]
OBJECTIVE 4:
In order to improve coordination of land uses with natural and historic resources, public
facilities, economic development, housing and urban design, the Future Land Use
Element shall be continually refined through detailed planning. Future studies might
address specific geographic or issue areas. All future studies must be consistent with
the Growth Management Plan and further its intent.
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Policy 4.11
In the next Evaluation and Aooraisal Reoort (EAR). due January 1. 2011. Collier County
will identify as an issue to be addressed. the need to alian dates within the various
elements of this arowth manaaement olan. This will include. but may not be limited to.
the olannina time frame for the Future Land Use MaD. the Rural Lands Stewardship
Area Overlay. and Transoortation Element lona ranae maDs. Necessary amendments to
achieve the alianment of dates will be included in the EAR-based amendments to the
Plan.
[Page 18]
Words underlined are added; words strl:Jck through are deleted.
Row of asterisks (*** *** ***) denotes break in text.
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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 2010-34
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.
DWIGHT E. BROCK
Clerk of Courts and Clerk
Ex-officio to Board of
County Commissioners
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