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Ordinance 2000-026ORDINANCE NO. 2000- 2 6 AN ORDINANCE AMENDING ORDINANCE NO. 89-05, AS AMENDED, THE COLLIER COUNTY GROWTH MANAGEMENT PLAN HAVING 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), MORE SPECIFICALLY PORTIONS OF THE INTERGOVERNMENTAL COORDINATION ELEMENT (ORD. NO. 97-56), NATURAL GROUNDWATER AQUIFER RECHARGE (ORD. NO. 97-59) AND DRAINAGE (ORD. NO. 97-61) SUBELEMENTS OF THE PUBLIC FACILITIES ELEMENT, HOUSING ELEMENT (ORD. NO. 97-63), GOLDEN GATE AREA MASTER PLAN (ORD. NO. 97-64), CONSERVATION AND COASTAL MANAGEMENT ELEMENT (ORD. NO. 97-66), AND THE FUTURE LAND USE ELEMENT (ORD. NO. 97-67) AND THE FUTURE LAND USE MAP (ORD. NO. 97-67); AND READOPTING POLICY 2.2.3. OF THE GOLDEN GATE AREA MASTER PLAN; PROVIDING FOR SEVERABILITY AND PROVIDING AN EFFECTIVE DATE WHEREAS, on April 6, 1996, Collier County adopted an Evaluation and Appraisal Report (EAR) for its Growth Management Plan (GMP) as required by Section 163.3191, Florida Statutes; and WHEREAS, on November 14, 1997, Collier County adopted the EAR-based amendments to its Growth Management Plan; and WHEREAS, on December 24, 1997, the Department of Community Affairs its Notice and Statement of Intent to find the County's EAR-based amendments not in as defined by Section 163.3184(1)(b), Florida Statutes; and WHEREAS, on December 24, 1997, the Department of Community Affairs (D(~ssd~:l its Notice and Statement of Intent to find certain EAR-based Objectives and Policies to tl~eq3row~E Management Plan not in compliance; and WHEREAS, pursuant to Subsection 163.3184(10)(a), Florida Statutes, the DCA petitioned for a formal administrative hearing to review the EAR based amendments found in non- compliance; and WHEREAS, the petition was forwarded to the Division of Administrative Hearings (DOAH), an Administrative Law Judge was assigned and a five-day formal administrative hearing took place in May 1998; and WHEREAS, the Administrative Law Judge issued a Recommended Order on March 19, 1999, finding the EAR-based amendments at issue in non-compliance; and WHEREAS, the matter was considered by the Governor and Cabinet sitting as the Administration Commission on June 22, 1999 pursuant to Subsection 163.3184(10)(b), Florida Statutes; and WHEREAS, pursuant to Subsection 163.3184(11), Florida Statutes, the Administration Commission is authorized to take final agency action regarding whether or not comprehensive plan amendments are in compliance; and WHEREAS, the Administration Commission, upon review of the Record of the administrative hearing, the Recommended Order including the Findings of Fact and Conclusions of Law contained therein also found the EAR-based objections and policies at issue not in compliance; and WHEREAS, the Administration Commission on June 22, 1999 entered a Final Order directing Collier County to rescind the EAR-based amendments found not in compliance by September 14, 1999; and WHEREAS, these amendments include objectives and policies of the Drainage and Natural Groundwater Acquirer Recharge Subelements of the Public Facilities Element; the Future Land Use Element; the Future Land Use Map; the Golden Gate Master Plan; the Conservation and Coastal Management Element; the Housing Element and the Intergovernmental Coordination Element of the County's Growth Management Plan; WHEREAS, on September 14, 1999, Collier County adopted Ordinance No. 99-63, which rescinded the EAR-based amendments found not in compliance by the Administration Commission, readopted portions of the EAR-based Elements and Subelements not at issue, and readopted the immediate predecessor language of the 1989 Growth Management Plan for the Elements and Subelements at issue; WHEREAS, a determination was made by the Department of Community Affairs, that the EAR-based Elements and Subelements not as issue in Administration Commission Case No. ACC. 99-02 (DOAH Case No. 98-0324 GM), became effective on June 22, 1999 upon entry of the Final Order; WHEREAS, Collier County was not required by the Final Order to readopt those portions of the EAR-based Elements and Subelements not at issue, and therefore has elected to repeal Ordinance 99-63 in its entirety and rescind those portions of the EAR-based Amendments at issue in Administration Commission Case No. ACC. 99-02 (DOAH Case No. 98-0324 GM); and WHEREAS, the Collier County Planning Commission has considered the proposed rescission of the EAR-based amendments referenced above pursuant to the Final Order of the Administration Commission and has recommended rescinding those portions of the above- referenced Elements to the Board of County Commissioners: SECTION ONE: RESCISSION OF EAR-BASED AMENDMENTS AT ISSUE IN DOAH CASE NO. 98-0324 GM The stricken through portions of the composite Exhibit A and any maps relating thereto attached hereto and incorporated herein by reference are hereby repealed and rescinded in their entirety. SECTION TWO: READOPTION OF POLICY 2.2.3 OF THE GOLDEN GATE AREA MASTER PLAN The underlined portions of the composite Exhibit A attached hereto and incorporated herein by reference are hereby readopted. SECTION THREE: 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 FOUR: 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 this 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., 3ru Floor, Tallahassee, Florida 32399-2100. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County this ~:~ day of ~ ,2000. ATTEST: ....... DWIGHT E. BROCK, Clerk Attest' .as to lgaature only. ~ppro~ecl as to form and legal sufficiency: Marjorie ~. Student Assistant County Attorney BOARD OF COUI~'Y COMMISSIONERS COLLIER cOUNTY, FLORIDA This ordinance filed with the, Secretary of StQte's Office and acknowledgement of that filing received this~dcy Exhibit A-1 INTERGOVERNMENTAL COORDINATION ELEMENT Prepared for COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS October, 1997 AMENDMENTS TO COLLIER COUNTY GROWTH MANAGEMENT PLAH INTERGOVERNMENTAL COORDINATION ELEMENT Symbol Date Amended Ordinance No. *INDICATES ADOPTED PORTIONS NOTE: THE SUPPORT DOCUMENT WILL BE UPDATED AS CURRENT INFORMATION BECOMES AVAILABLE. IV. INTERGOVERNMENTAL COORDINATION ELEMENT GOALS, OBJECTIVES AND POLICIES Policy 1.2.6: Th~ Ccunt'/~'~'~" ""'""*; ....* .....~'"~* ....:,h ,~.~. ,',..,,;..,* ,'" ....,,, c,..~,,.,,.,, ,',..~..,~ ,..,.. ,,.,... Words e#uek-thr. eu~h am deletions Exhibit A-2 COLLIER COUNTY GROWTH MANAGEMENT PLAN PUBLIC FACILITIES ELEMENT Natural Groundwater Aquifer Recharge Sub-element Prepared for COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS OCTOBER, 1997 AMENDMENTS TO COLLIER COUNTY GROW'rH MANAGEMENT PLAN Symbol PUBLIC FACILITIES ELEMENT NATURAL GROUNDWATER AQUIFER RECHARGE SUB-ELEMENT Date Amended Ordinance No. *INDICATES ADOPTED PORTIONS NOTE: THE SUPPORT DOCUMENT WILL BE UPDATED AS CURRENT INFORMATION BECOMES AVAILABLE. GOALS, OBJECTIVES AND POLICIES OBJECTIVE 1.2: Policy: 1.2.1: Policy 1.2.2: Policy 1.2.3: Policy 1.2.4: 1 Words o*'"'"'~' ~' .....~' are deletions Exhibit A-3 COLLIER COUNTY GROWTH MANAGEMENT PLAN Symbol PUBLIC FACILITIES ELEMENT Drainage Sub-element Prepared for COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS OCTOBER, 1997 AMENDMENTS TO COLLIER COUNTY GROWTH MANAGEMENT PLAN PUBLIC FACILITIES ELEMENT DRAINAGE SUB-ELEMENT Date Amended Ordinance No. *INDICATES ADOPTED PORTIONS NOTE: THE SUPPORT DOCUMENT WILL BE UPDATED AS CURRENT INFORMATION BECOMES AVAILABLE. V. GOALS, OBJECTIVES AND POLICIES Policy 1.1.2: 2 Words -'*'-.'-~- ok .....~ are deletions Exhibit A-4 COLLIER COUNTY/CITY OF NAPLES COMPREHENSIVE PLAN HOUSING ELEMENT Prepared for COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS & NAPLES CITY COUNCIL October, 1997 AMENDMENTS TO COLLIER COUNTY GROWTH MANAGEMENT PLAN/ CITY OF NAPLES COMPREHENSIVE PLAN Svmbo! Date Amended Ordinance No. *INDICATES ADOPTED PORTIONS NOTE: THE SUPPORT DOCUMENT WILL BE UPDATED AS CURRENT INFORMATION BECOMES AVAILABLE. Exhibit A-5 GOLDEN GATE AREA MASTER PLAN Prepared for COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Adopted October, 1997 AMENDMENTS TO COLLIER COUNTY GROWTH MANAGEMENT PLAN GOLDEN GATE AREA MASTER PLAN Symbol Date Amended Ordinance No. *INDICATES ADOPTED PORTIONS ] Words =!:'.:'c~ th;c'.:'Gh are deletions, Words underlined are additions Policy 2.2.3: Immediately upon adoption of this policy, implement a system for reviewin.q applications for development in SGGE which will include the followinq two step procedure: Step I: Pre-application Procedure: A. Notice to DNR, Bureau of Land Acquisition, of the application within 5 days of receipt; Notice to the applicant of DNR's acquisition pro.qram1 the lack of public infrastructure and the proposed restoration program for SGGE; Within the notice of DNR's acquisition program, the applicant shall be encouraged to contact DNR, Bureau of Land Acquisit- ion to determine and negotiate whether DNR intends to purchase applicant's property at fair market value; Prior to the processing of an application for development approval (Step II) the applicant shall provide to the County proof of coordination with DNR. Upon execution of a contract for sale, the pre-application shall be placed in abeyance pending completion of the purchase by DNR: St, ep I1: E. Application Review Procedure: The County shall review the environmental impacts of the application in order to minimize said impact; Fo The County shall apply Section 2.2.24.3.2, Development Standards and Re.qulations for ACSC-ST of the County's Unified Land Development Code or Chapter 28-25, Florida Administrative Code, "Boundary and Regulations for the Bi.q Cypress Area of Critical State Concern", whichever is stricter; and, The County shall provide a minimum review and processinR time of 180 days from the date of commencement of the pre-application procedure before any development permits are issued. Words ctr'--'ck thrc'.:'gh are deletions, Words underlined are additions Exhibit A-6 COLLIER COUNTY GROWTH MANAGEMENT PLAN Symbol CONSERVATION AND COASTAL MANAGEMENT ELEMENT Prepared for COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS OCTOBER, 1997 AMENDMENTS TO GROWTH MANAGEMENT PLAN CONSERVATION AND COASTAL MANAGEMENT ELEMENT Date Amended Ordinance No. *INDICATES ADOPTED PORTIONS NOTE: THE SUPPORT DOCUMENT WILL BE UPDATED AS CURRENT INFORMATION BECOMES AVAILABLE. GOALS, OBJECTIVES AND POLICIES OBJECTIVE 1.1: Policy 1.1.2: thc r'C"i'~r r- ....~, =,,,,; ......+.-,I o .........~, ........· Policy 1.1.3: M:ncg:mcnt Prc~rcm :t:ff :nd ~" ~ ....."*" "* '"'"~; government invc';:cd ;'" '~"~ 3ct[v!t!cc ""'4 ..... OBJECTIVE 1.3: 1 Words underlined are additions, words :t"_':~ thrm_'gh are deletions, words ~alale. elMA~ are deletions from the 1989, as amended, Comprehensive Plan. Policy 1.3.1: Objective 6.3: OBJECTIVE 7.3: OBJECTIVE 9.4: OBJECTIVE 9.5: OBJECTIVE ~ 10.6: 2 Words underlined are additions, words ~ are deletions, words de~4e.e,*~e~ are deletions from the 1989, as amended. Comprehensive Plan. Policy -1~%3~: ','h~ r- .... ~,, ~.~..~,, .... ;.4~. ~ ..... ,~l ~.~ h .... ~ ...... ,~, .... ,..; ..... ;~;" th~ Catc~cr/~ 3 ; Words underlin .ed are additions, words et~ are deletions, words ~ei~,44~,~4~e~ are deletions from the 1989, as amended, Comprehensive Plan. Exhibit A-7 COLLIER COUNTY GROWTH MANAGEMENT PLAN FUTURE LAND USE ELEMENT Prepared By Collier County Comprehensive Planning Section Planning Services Department October, 1997 AMENDMENTS TO COLLIER COUNTY GROWTH MANAGEMENT PLAN FUTURELAND USE ELEMENT Symbol Date Amended Ordinance No. *INDICATES ADOPTED PORTIONS NOTE: THE SUPPORT DOCUMENT WILL BE UPDATED AS CURRENT INFORMATION BECOMES AVAILABLE. : Policy 3.1: The EAR-based Coastal High Hazard line as depicted on the Future Land Use Map is hereby rescinded. 1 Words struck thrcugh are deletions 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. 2000-26 ~. Which was adopted by the Board of County Commissio~,~ the 9th day of May, 2000, during Regular Session. WITNESS my hand and the official seal of the Board County Commissioners of Collier County, Florida, this 10th day of May, 2000. DWIGHT E BROCK '?' · '~', . Clerk of Courts and cler~~ ~ .... ..~ %~;~ Ex-officio to Board o.f~'~ 'i, ' -.~:..'.~ County Commissioners ~. · ..' ~.' ~? By: Karen Schoch, . ' ......- .... Deputy Clerk ~" ' ' '"