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Ordinance 2001-011AN ORDINANCE AMENDING THE FUTURE LAND ELEMENT OF ORDINANCE 89-05, AS AMENDED, COLLIER COUNTY GROWTH MANAGEMENT PLAN, FOI THE UNINCORPORATED AREA OF COLLIE'R COUNTY FLORIDA, BY CORRECTING SCRIVENER'S ERRORS ON THE FUTURE LAND USE MAP; 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 (DCA) issued its Notice and Statement of Intent to find certain of the EAR-based Objectives and Policies to the Growth Management Plan not in compliance as defined by Section 163.3184(1)(b), Florida Statutes; 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 Administ~tion Commission is authorized to take final agency action regarding whether or not comprehensive" ;"'I plan amendments are in compliance; and ,~ ~ WHEREAS, the Administration Commission, upon review of the Re~;ord o~: :the.=~-~ administrative hearing, the Recommended Order including the Findings of Fact and~hcldSlons of Law contained therein also found the EAR-based objectives and policies at issue not in compliance; and WHEREAS, the Administration Commission on June 22, 1999 en{ered a Final Order directing Collier County to adopt Remedial Amendments to the Growth Management Plan by November 30, 1999; and WHEREAS, Collier County prepared, and the Collier County Planning Commission considered, the proposed Remedial Amendments to the Growth Management Plan pursuant to the authority granted to it by Section 163.3174, Florida Statutes, and recommended approval of said Remedial Amendments to the Board of County Commissioners; and WHEREAS, the Collier County Board of County Commissioners reviewed the Remedial Amendments on November 23, 1999 and transmitted the same to the DCA; and WHEREAS, upon receipt of Collier County's proposed Remedial Amendments, the DCA reviewed the Remedial Amendments as set forth in Section 163.3184, Florida Statutes; and WHEREAS, the Department of Community Affairs made written objections to these Remedial Amendments to the Growth Management Plan and transmitted the same in writing to Collier County within the time provided by law; and WHEREAS, the Board of County Commissioners of Collier County adopted the Remedial Amendments to the Growth Management Plan on May 9, 2000; and WHEREAS, the Department of Community Affairs reviewed these amendments to the Growth Management Plan, and subsequently issued its Notice and Statement of Intent to find the Remedial Amendments in compliance; and WHEREAS, certain map references were omitted on the Future Land Use Map, that include: the Traffic Congestion Boundary; shading for South Golden Gate Estates representative of the Estates Designation; and, the inclusion of certain properties within the Belle Meade Natural Resource Protection Area (NRPA) that were exempt from the operation of the Final Order due to having a completed application for conditional use for a golf course submitted to Planning Staff prior to June 22, 1999 and constitute scrivener's errors; 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, all applicable substantive and procedural requirements of law have been met; and NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that .SECTION ONE: ADOPTION OF THE SCRIVENER'S ERROR AMENDMENT TO THE GROWTH MANAGEMENT PLAN. The Board of County Commissioners hereby adopts this scrivener's error amendment. The amendment is attached hereto as Exhibit "A" and is 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 This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County this /,.~ - day of t~ ,2001. Approved as to form and legal sufficiency: Madori~ M~]Student Assistant County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA JAMES Chairman Exhibit "A" 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. 2001-11 Which was adopted by the Board of County Commissioners on the 13th day of March, 2001, during Regular Session. WITNESS my hand and the official County Commissioners of Collier County, of March, 2001. seal of the Board of Florida, this 14th day Clerk of Courts.~and Ex-officio to County Commls sk~ers By: Teri Michab~ Deputy