Ordinance 2000-025ORDINANCE NO. 2000- 2 5
AN ORDINANCE RESCINDING AND REPEALING IN ITS
ENTIRETY COLLIER COUNTY ORDINANCE NO. 99-63,
WHICH HAD THE EFFECT OF RESCINDING CERTAIN
EAR-BASED OBJECTIVES AND POLICIES AT ISSUE IN
ADMINISTRATION COMMISSION CASE NO. ACC-99-02
(DOAH CASE NO. 98-0324GM); BY PROVIDING FOR:
SECTION ONE, RESCISSION AND REPEAL OF
ORDINANCE NO. 99-63; AND SECTION TWO,
EFFECTIVE DATE.
WHEREAS, Collier County, pursuant to Section 163.3161 et seq., Florida Statutes, the
Florida Local Government Comprehensive Planning and Land Development Regulation Act
(hereinat~er "the Act") is required to prepare and adopt a comprehensive plan; and
WHEREAS, Section 163.3194(1)(g), Florida Statutes, requires that all ]and development
regulations enacted or amended by Collier County shall be consistent with the adopted
comprehensive plan, or element or portion thereof; and
WHEREAS, on January 10, 1989, Collier County adopted the Collier County Growth
Management Plan or "GMP" as its comprehensive plan pursuant to the requirements of ,~4:tion
163.3161 et seq., Florida Statutes and Rule 9J-5 of the Florida Administrative Code~
WHEREAS, pursuant to Section 163.3191, Florida Statutes, local gov~lnent~ar~
required to prepare and adopt the first periodic Evaluation and Appraisal Report~remaf~er~
"EAR") within seven years of the adoption of their respective comprehensive plans; ~a~f
.
WHEREAS, on October 27, 1997, Collier County adopted the EAR-based am~ent~to
its GMP which amendments were sent to the DCA for ~ts review to determine comp~nce with
the Act and Rule 9J-5; and
WHEREAS, on December 24, 1997, the DCA issued its Notice of Intent finding certain of
the EAR-based amendments not in compliance; and
WHEREAS, the EAR-based amendments found not in compliance were: the Future Land
Use Element including the. Future Land Use Map; the Drainage and Natural Groundwater
Aquifer Recharge Sub-elements of the Public Facilities Element; the Intergovernmental
Coordination Element; the Conservation and Coastal Management Element; the Housing
Element; and the Golden Gate Area Master Plan Element; and
WHEREAS, on March 19, 1999, the administrative law judge issued a recommended order
finding that all of the referenced EAR-based amendments found not in compliance by the DCA
were not in compliance; and
WHEREAS, on June 22,
163.3184(11), Florida Statutes,
1999, the Administration Commission, pursuant to Section
issued its Final Order finding the referenced EAR-based
amendments not in compliance and ordering that they be rescinded by September 14, 1999; and
WHEREAS, specifically, those amendments are: Policy 1.2.6. of the Intergovernmental
Coordination Element (Ordinance No. 97-56); Objective 1.2 and Policies 1.2.1 through 1.2.4 of
the Natural Groundwater Aquifer Recharge Sub-element of the Public Facilities Element
(Ordinance No. 97-59); Policy 1.1.2 of the Drainage Sub-element of the Public Facilities
Element (Ordinance No. 97-63); the Housing Element ((Ordinance No. 97-63); Policies 2.1.4.
and 2.2.3 of the Golden Gate Area Master Plan (Ordinance No. 97-64); Objectives 1.1, 1.3, 12.1,
6.3, 7.3, 9.4, 9.5 and 11.6, and Policies 1.1.1, 1.1.2, 1.1.3, 1.3.1, 12.1.2, and 12.2.5 of the
Conservation and Coastal Management Element; and Policy 3.1.d. of the Future Land Use
Element, together with the Future Land Use Map depiction of the coastal high hazard area; and
WHEREAS, on September 14, 1999, the Board of County Commissioners readopted the
EAR-based amendments first adopted on October 27, 1997, but with the provisions found not in
compliance shown as rescinded. No other changes were made to the 1997 EAR-based
amendments; and
WHEREAS, on October 21, 1999, the DCA, in its Notice of Intent, found this plan
amendment to be in compliance; and
WHEREAS, on November 10, 1999, the Florida Wildlife Federation and the Collier
County Audubon Society filed their Petition for Hearing challenging the September 14, 1999
readopted amendments. Said Petition was forwarded by the DCA to the Division of
Administrative Hearings; and
WHEREAS, the Petition challenges EAR-based amendments that were originally adopted
on October 27, 1997, and were merely readopted by the County on September 14, 1999; and
WHEREAS, the filing of said Petition, together with DOAH Case No. 98-032GM, has
delayed the County's ability to implement EAR-based amendments; and
WHEREAS, the consequence of the County's inability to implement its EAR-based
amendments results in the County operating under a Growth Management Plan, significant parts
of which are eleven (11) years old; and
WHEREAS, upon request from the County, the DCA issued a letter confirming that the
portions of the 1997 EAR-based amendments that were not specifically at issue in DOAH Case
No. 98-032GM became legally effective when the Final Order was rendered; and
WHEREAS, the readoption of the 1997 EAR-based amendments was thus unnecessary;
and
WHEREAS, the County, therefore, seeks to rescind Ordinance No. 99-63 in its entirety
and, in its place, immediately adopt a separate ordinance which merely deletes the provisions of
the 1997 EAR-based amendments that were found not in compliance.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
SECTION ONE: Rescission and Repeal of Ordinance No. 99-63.
Collier County Ordinance No. 99-63, adopted on September 14, 1999, is hereby rescinded
and repealed in its entirety.
SECTION TWO: Effective Date.
This Ordinance shall take effect upon filing with the Department of State.
2
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County,
Florida this _~ _ day of ~
ATTEST:
DWIGHT E. BROCK, Clerk
: 'Approved 'as to form and
"~ '..... !¢gal su~¢i~ncy:
~larjorie~. Student
Assistant County Attorney
2000.
Chairman
This ordinance ~i'~ w;!'h the
Secrelary of ~'c:~::"s Of(ice the
/~ day of _~ ,
and acknowledgement of that
fili~g~eceived this
of
3
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 2000-25 co ~,~ ~
Which was adopted by the Board of County Commission~s ~
the 9th day of May, 2000, during Regular Session. _~o~ .~.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 10th day
of May, 2000.
DWIGHT E. BROCK . i~
Clerk of Courts and Clerk
Ex-officio to Board Of~~
County Commissioners .~11·
By: aren Schoch, '%1 .'
Deputy Clerk "