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Resolution 1991-521 RESOLUTION 91-521 - AUGUST 13, 1991 A RESOLUTION AMENDING GENERAL REQUIREMENTS AND PROCEDURES FOR AMENDING THE COLLIER COUNTY GROWTH MANAGEMENT PLAN WHEREAS, Chapter 163, Florida Statutes, requires local governments to prepare and adopt a Comprehensive Plan; and WHEREAs, the Board ot 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 ot 1985 (Section 163.3161, et seq., Florida Statutes) mandates certain procedures to amend adopted Growth Management Plans (Section 163.3184 and Section 163.3187, Florida Statutes); and WHEREAs, the Board ot County Commissioners has established a policy to utilize an annual cycle for Growth Management Plan Amendments (COllier County ReSOlution 89-199, adopted August 8,1989); and WHEREAS, the Department ot Community Attairs has informed Collier County that the addition of tuture tiscal years projects to the Capital Improvement Element of the Growth Management Plan must be accomplished through the Plan amendment process as detined in Chapter 163.3187, F-Iorida Statutes; and WHEREAs, certain capital improvement projects from the Growth Management Plan are included in the County's Tentative Annual Budget on a yearly basis; and WHEREAS, tor pUrposes of convenience and expediency it is necessary to amend the Capital Improvement Element and the schedule of projects in the Element in conjunction with the adoption ot the County's Tentative Annual BUdget tor each new tiscal year; and WHEREAs, in order to provide adequate notice, it is necessary to set torth the requirements. and procedures to be followed by petitioners, the general pUblic and Collier County in processing amendments to the Collier County Growth Management Plan consistent with the requirements ot the Florida Statutes. . 000 PAGt la7 - 1 - - 2 - AUGUST 13, 1991 NOW, THEREFORE, BE IT RESOLVED BY THE . BOARD OF COUNTY COKMISSIONERS OF COLLIER COUNTY, FLORIDA, that: The following requirements and procedures shall be tollowed betore an amendment to the Collier County Growth Management Plan shall occur: A. The general requirements to initiate an amendment to the Collier County Growth Management Plan or one of its elements are as tollows: 1. An amendment may be proposed by the Board of County Commissioners (BCC), the Collier County Planning Commission (CCPC) designated as the Local Planning Agency pursuant to Chapter 163.3174, Florida statutes, any department or agency ot the County, or any person other than those listed above provided, however, that no such person shall propose an amendment tor a land use designation change tor property which he or she does not own (except as an agent or attorney for the owner). 2. The procedures provided herein shall apply to all growth IUlnagement plan amendments. Amendments beyond the yearly plan amendment cycle established by the Board of County Commissioners shall comply with the procedures established herein. In addition, the use ot a second yearly plan amendment as prescribed in Section 163.3187(1), Florida statutes shall tollow the procedure except tor tiling dates and public hearing dates tor tinal adoption. 3. All Growth Management Plan amendments will be reviewed in one cycle starting on the fourth Friday in March, annually. Proposed amendments submitted atter that date will not be considered until the tollowing review cycle. The Amendment process inClUding statt review, state and regional review and local public hearings will take approximately 12 months to complete. 4. All required copies ot the application to amend the Collier County Growth Management Plan and supporting documentation along with a tiling tee ot $2,100 tor each requested change and/or amendment must be submitted to the Community Development Division prior to 5:00p.m. ot the fourth Friday in March. For each application to amend the Collier County Growth Management Plan Future Land Use Map, a minimum filing tee ot $2,100 tor each requested change plus a tee ot $30 per acre tor each attected acre in the application must be submitted to the Community Development Division prior .to 5:00p.m. on the tourth Friday in March. (Application tees tor changes in the Growth Management Plan Future Land Use Map tiled simultaneously with an Application for Development Approval (ADA) which is part ot the Development ot Regional Impact (DRI) process shall be waived). The Community Development III 000 PAGE 138 AUGUST 13, 1991 Division will be the responsible agency for processing the application and preparing a recommendation. The term "statt" shall reter to the staff of the Community Development Division and any other pertinent County staff from other Divisions. 5. Growth Management Plan amendments directly related to proposed small scale development activities may be approved without regard to statutory limits on the frequency of consideration ot amendments to the Growth Manag...nt Plan provided allot the conditions are ..t as set torth in Section 163.3187 (l)(c), Florida Statutes (1987). B. The procedure to amend the Collier ~ounty Growth Management Plan or one of its elements is as tollows: 1. A pre-application conterence shall occur between the petitioner, the Community Development Division and other appropriate county statf to ensure that the procedure set out herein is understood and adhered to. 2. Staff shall perform an initial review of the proposed amendment application to determine whether additional information is necessary to enable staft to conduct a tormal review and whether other amendments of the Growth Management Plan will be necessary to preserve the internal consistency ot the Plan. Within 30 calendar days following the filing deadline the staff shall notifY the petitioner, in writing thAt: (a) the statt has determined that the petition is adequate for tormal review; or (b) the petition is inadequate tor tormal review and the notice shall set forth in detail the additional information deemed necessary tor tormal review of the petition. The petitioner shall have 30 calendar days to supplement the application in response to the initial review. 3. 4. County staft shall review the application and may consult with other County Departments or agencies as it deems necessary to evaluate the proposed amendment. Within 75 calendar days, statt shall prepare a report with a preliminary recommendation and shall advertise the petition for a public hearing to be scheduled tor the first CCPC meeting following said 75 day period. 5. The CCPC shall hold an advertised public hearing with due public notice as detined by Chapter 163, Florida statutes, during which statt will present their review and mako a preliminary recommendation to the CCPC. All interested parties may appear and be heard. Written comments ot the general public tiled with the Community Development Division will be considered at the public hearing. Fpllowing the CCPC public hearing, the proposed amendment shall be forwarded to the BCC with recommendation of the CCPC. .. 000 PAG! 139 t~' - , - AUGUST 13, 1991 6. On or before October 1, annually, but after the CCPC public hearing on such amendments have been held, the BCC shall hold an advertised public hearing on the proposed amendment during which the staff review and preliminary recommendation, and any recommendation made by the CCPC shall be presented. The public hearing shall be held on a weekday approximately 7 days after the tirst advertisement is published. The intention of the BCC to hold and advertise a second public hearing to consider the adoption of the proposedr amendment shall be announced. All interested parties may appear and be heard. Written comments filed with the Community Development Division will be considered at the public hearing. FOllowing the BCC public hearing, the BCC will transmit the appropriate number ot copies of the proposed amendment to the state land planning agency, the Department ot Community Atfairs (DCA) within the timetrame allowed by law. 7. Upon receipt ot the proposed Growth Management Plan amendment the stat. land planning agency, the regional planning council and other government agencies will review said amendment pursuant to Section 163.3184, Florida statute.. The state land planning agency shall transmit in writing its comments to the local government along with any objections and any recommendations tor moditications. 8. Within 60 days ot receipt ot the review comments fro. the state land planning agency, annually, the CCPC shall conduct a public hearing to make recommendations to the BCC regarding the adoption the amendment. The BCC shall conduct a public hearing no later than the second Tuesday in March, annually, to consider the recommendations froa the CCPC. At that time, the BCC shall adopt the amendment, adopt the amendment with changes, or determine that it will not adopt the uendment. 9. On or betore the second Tuesday in Karch, annually, the BCC shall hold its second public hearing regarding the proposed amendment during which the final staff review and recommendation, the CCPC recommendation, stat. and regional review comments and public comment will be presented. The public hearing shall be held on a weekday approximately 5 days atter the advertisement is published. The BCC shall then adopt, adopt with moditications or deny the proposed amendment. Adoption of an amendment to the Growth Management Plan must be by ordinance and shall require four aftirmative votes ot the Board of County Commissioners. 10. The adopted amendment to the Growth Management Plan will be transmitted to the Department ot Community Attairs within five (5) working days after adoption. The DCA will not make a tormal determination of compliance as defined in Chapter 163, Florida Statutes, until the local government has adopted a comprehensive plan pursuant to Sections 163.3167(2) and 163.3184, Florida statutes (1987). . 000 PA(;E140 C. This Resolution supersedes 89-199 relating to prior Amendment Procedures. AUGUST 13, 1991 and repeals Resolution Growth Management Plan This Resolution adopted atter motion, second and roll call vote as tollows: DATE:~ /-1, /1// :, \rlfJ ., <, 1../6 " ATTEST: .' ("'. ~ . JAMES C. ',91.~, CLERIC ~ .. BOARD OF: eomrrY COMMISSIONERS COLLIER. COORTY, FLORIDA By,r;~~~ PATRICIA ANNE OOODNIG , CHAIRIWf .. . " . :,0' ~. Ap oved a.~to ~'sufticiel\ty "J : } -~.,4':' . legal ~ II 000 PAG[ 141