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Documents 02/06/2002 SBOARD OF COUNTY COMMISSIONERS SPECIAL MEETING FEBRUARY 6, 2002 NapLes Daily Neus Naples, FL 34102 Affidavit of Pu~licatiol. N~.ples Daily News BJARD C5 COUNTY COMMISSIONERS CHRIS HO~TON PO BOX 413016 NA?LES FL 34/01-3016 REFERENCE: 001230 1131383126491 58391435 NOTICE OF BOARD OF C State of Florida County of Collier Before ~Se .Jnder~igned euthorit%, ~ersonally appeared B. Lamb. who on oath says that she s~rves as the Assistant Carl,.rate Se"retary of the Naples Daily News, a daily newspaper published at Naples, in Collier Count/~ Floriaa: 'chat the attached copy of advertising was 2ublishcd in said newspaper on dates listed. Affiant further s~,yo t~at the said Naples Daily News i~ = newspaper published at Naples/ in said Collier Cou~lty, Florida, and that the said newspaper has here=ofore been continuously published in said Collier County, Florid~ each day and has been entered as second class mail matte, et th~ .~ost office in Naples, in said Collier gounty~ Flurida, for = period of 1 year ne:t preceding the first publication of the attached copy nf advertisement; and affiant further says that ~he has neither paid nor promised an? person, firm cr corporation any 2:sc=ung, ,'~bate, commissio~ or refund for the purpose ot secur~2 thio e~vertise~ent for pu~liction in the said newspaper. ~UBLISHED ON: 02/~ coMMISSIoNERs .oT a BO^.D LDC AMENDMENT ~;~mon Turner uqna!na, u' Governmem career, =~u~ =u lC[S) Wll!. in~.luae, .urn v . view of the To lowing sun eCTS: · ~ndmerds to m_v:laon 3.iS ^~ cllltle$ of the Collier County Land Devempmem The meeting I$ open tothe public. Any person ~ decides to appeal the ~wltl need a rec(~r, d of the which record .loc udes ~e ~t~flmon¥ ~,,,~ upon which the al~eal I$ masea. . BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLOEIDA JAMES N. COLETTA~C_H_A!.RMAN DWIGHT E. BROC.K, CLERIc, (SEAL) 14o. 1~63~98 February 3 -- COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA February 6, 2002 5:05 P.M. NOTICE: ALL PERSONS WISHING TO SPEAK ON ANY AGENDA ITEM MUST REGISTER PRIOR TO SPEAKING. SPEAKERS MUST REGISTER WITH THE COUNTY MANAGER PRIOR TO THE PRESENTATION OF THE AGENDA ITEM TO BE ADDRESSED. COLLIER COUNTY ORDINANCE NO. 99-22 REQUIRES THAT ALL LOBBYISTS SHALL, BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES (INCLUDING, BUT NOT LIMITED TO, ADDRESSING THE BOARD OF COUNTY COMMISSIONERS), REGISTER WITH THE CLERK TO THE BOARD AT THE BOARD MINUTES AND RECORDS DEPARTMENT. REQUESTS TO ADDRESS THE BOARD ON SUBJECTS WHICH ARE NOT ON THIS AGENDA MUST BE SUBMITTED IN WRITING WITH EXPLANATION TO THE COUNTY MANAGER AT LEAST 13 DAYS PRIOR TO THE DATE OF THE MEETING AND WILL BE HEARD UNDER "PUBLIC PETITIONS". ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. ALL REGISTERED PUBLIC SPEAKERS WILL BE LIMITED TO FIVE (5) MINUTES UNLESS PERMISSION FOR ADDITIONAL TIME IS GRANTED BY THE CHAIRMAN. IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION OF CERTAIN ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY 1 February 6, 2002 FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL, NAPLES, FLORIDA, 34112, (941) 774-8380; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS' OFFICE. 1. PLEDGE OF ALLEGIANCE e AN ORDINANCE AMENDING ORDINANCE NUMBER 91-102, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY PROVIDING FOR: SECTION ONE, RECITALS: SECTION TWO, FINDINGS OF FACT: SECTION THREE, AMENDMENTS TO THE LAND DEVELOPMENT CODE, MORE SPECIFICALLY AMENDING DIVISION 3.15, ADEQUATE PUBLIC FACILITIES, TO DELETE SUBSECTION 3.15.7.3.1.2. THEREOF RELATING TO REVIEW AND APPROVAL OF CERTIFICATES OF PUBLIC FACILITY ADEQUACY PRIOR TO CONSIDERATION OF AN APPLICATION FOR DEVELOPMENT ORDER APPROVAL; SECTION FOUR, CONFLICT AND SEVERABILITY; SECTION FIVE, INCLUSION IN THE COLLIER COUNTY LAND DEVELOPMENT CODE; AND SECTION SIX, EFFECTIVE DATE. Ord. 2002-04 Adopted w/changes - 5/0 3. ADJOURN INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE MADE TO THE COUNTY MANAGER'S OFFICE AT 774-8383. 2 February 6, 2002 January 18, 2002 Ms. Pam Perrell Naples Daily News 1075 Central Avenue Naples, Florida 34102 Re: Notice of LDC Special Meeting Dear Pam: Please advertise the enclosed notice on Sunday, February 3, 2002, and kindly send the Affidavit of Publication, in duplicate, together with charges involved to this office. Thank you. Sincerely, Ellie Hoffman, Deputy Clerk Charge to: 113-138312-649100 NOTTCE OF BOARD OF COUNTY COt4MTSSI'ONER$ LDC AMENDMENT Notice is hereby given that the Board of County Commissioners of Collier County will hold a SPECTAL MEETTNG on WEDNESDAY~ FEBRUARY 6~ 2002~ at 5:05 P.M. in the Board Meeting Room, 3rd Floor, W. Harmon Turner Building, (Administration) Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida. The Board's informational topic(s) will include, but may not be limited to, an overview of the following subjects: · Amendments to Division 3.15 Adequate Public Facilities of the Collier County Land Development Code. The meeting is open to the public. Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA JAMES N. COLE1-FA, CHAIRMAN DWIGHT E. BROCK, CLERK By: /s/Maureen Kenyon Deputy Clerk (SEAL) January 18, 2002 Ms. Pam Perrell Naples Daily News 1075 Central Avenue Naples, Florida 34102 Re: Notice of Intent to Consider Amendments to Division 3.15 of the Land Development Code Dear Pam: Please advertise the above referenced notice on Friday, January 25, 2002, and kindly send the Affidavit of Publication, in duplicate, together with charges involved to this office. Thank you. Sincerely, Ellie Hoffman, Deputy Clerk Charge to: 113-138312-649100 NOTICE OF INTENT TO CONSIDER ORDINANCE Notice is hereby given that on WEDNESDAY, FEBRUARY 6, 2002, in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida, the Board of County Commissioners will consider the enactment of a County Ordinance. The meeting will commence at 5:05 P. M. The title of the proposed Ordinance is as follows: AN ORDINANCE AMENDING ORDINANCE NUMBER 91-102, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY PROVIDING FOR: SECTION ONE, RECITALS; SECTION TWO, FINDINGS OF FACT: SECTION THREE, ADOPTION OF AMENDMENTS TO THE LAND DEVELOPMENT CODE, MORE SPECIFICALLY AMENDING DIVISION 3.15, ADEQUATE PUBLIC FACILITIES, TO DELETE SUBSECTION 3.15.7.3.1.2. THEREOF RELATING TO REVIEW AND APPROVAL OF CERTIFICATES OF PUBLIC FACILITY ADEQUACY PRIOR TO CONSIDERATION OF AN APPLICATION FOR DEVELOPMENT ORDER APPROVAL; SECTION FOUR, CONFLICT AND SEVERABILITY; SECTION FIVE, INCLUSION IN THE COLLIER COUNTY LAND DEVELOPMENT CODE; AND SECTION SIX, EFFECTIVE DATE. Copies of the proposed Ordinance are on file with the Clerk to the Board and are available for inspection. All interested parties are invited to attend and be heard. NOTE: All persons wishing to speak on any agenda item must register with the County administrator prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 5 minutes on any item. The selection of an individual to speak on behalf of an organization or group is encouraged. If recognized by the Chairman, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. Ail material used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA JAMES N. COLETTA, CHAIRMAN DWIGHT E. BROCK, CLERK By: /s/Ellie Hoffman, Deputy Clerk (SEAL) Ellie J. Hoffman To: Subject: paperrell@naplesnews.com Notice of LDC Meeting and Intent to Consider Ord. Good Afternoon, Pam, Attached please find a notice for the LDC Meeting and Intent to Consider the Ordinance for the February 6, 2002 Hearing. Thank you and have a good weekend! Ellie 3.15.doc BCC LDC special 3.15 Ord.doc LDC 3.~.5.doc 1.doc Ellie J. Hoffman From: Sent: To: Subject: System Administrator [postmaster@naplesnews.com] Friday, January 18, 2002 2:05 PM Ellie J. Hoffman Delivered: Notice of LDC Meeting and Intent to Consider Ord. Notice of LDC Meeting and Inte... <<Notice of LDC Meeting and Intent to Consider Ord.>> Your message To: ' paperrel l@naplesnews, com ' Subject: Notice of LDC Meeting and Intent to Consider Ord. Sent: Fri, 18 Jan 2002 14:11:19 -0500 was delivered to the following recipient(s): Perrell, Pamela on Fri, 18 Jan 2002 14:05:28 -0500 ORDINANCE NO. 02- AN ORDINANCE AMENDING ORDINANCE NUMBER 91-102, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY PROVIDING FOR: SECTION ONE, RECITALS; SECTION TWO, FINDINGS OF FACT: SECTION THREE, AMENDMENTS TO THE LAND DEVELOPMENT CODE, MORE SPECIFICALLY AMENDING DIVISION 3.15, ADEQUATE PUBLIC FACILITIES, TO DELETE SUBSECTION 3.15.7.3.1.2. THEREOF RELATING TO REVIEW AND APPROVAL OF CERTIFICATES OF PUBLIC FACILITY ADEQUACY PRIOR TO CONSIDERATION OF AN APPLICATION FOR DEVELOPMENT ORDER APPROVAL; SECTION FOUR, CONFLICT AND SEVERABILITY; SECTION FIVE, INCLUSION IN THE COLLIER COUNTY LAND DEVELOPMENT CODE; AND SECTION SIX, EFFECTIVE DATE. WHEREAS, on October 30, 1991, the Collier County Board of County Commissioners adopted Ordinance No. 91-102, the Collier County Land Development Code (hereinafter LDC) , which has been subsequently amended; and WHEREAS, the LDC may not be amended more than two times in each calendar year pursuant to Section 1.19.1., LDC; and and WHEREAS, this is the first amendment to the LDC, Ordinance 91-102, for the calendar year 2001; WHEREAS, on March 18, 1997, the Board of County Commissioners adopted Resolution 97-177 establishing local requirements and procedures for amending the LDC; and WHEREAS, all requirements of Resolution 97-177 have been met; and WHEREAS, the Board of County Commissioners, in a manner prescribed by law, did hold advertised public hearings on January 9, 2002 and February 6, 2002, and did take action concerning these amendments to the LDC; and WHEREAS, the subject amendments to the LDC are hereby determined by this Board to be consistent with and to implement the Collier County Growth Management Plan as required by Subsections 163.3194 (1) and 163.3202 (1), Florida Statutes; and WHEREAS, all applicable substantive and procedural requirements of the law have been met. NOW, THEREFORE BE IT ORDAINED by the Board of County Commissioners of Collier County, Florida, that: SECTION ONE: RECITALS The foregoing recitals are true and correct and incorporated by reference herein as if fully set forth. Words :~,:ek ~.rc, ugh are deleted, words underlined are added. 1 SECTION TWO: FINDINGS OF FACT The Board of County Commissioners of Collier County, Florida, hereby makes the following findings of fact: 1. Collier County, pursuant to Sec. 163.3161, et seq., Fla. Stat., the Florida Local Government Comprehensive Planning and Land Development Regulations Act (hereinafter the "Act"), is required to prepare and adopt a Comprehensive Plan. 2. After adoption of the Comprehensive Plan, the Act and in particular Sec. 163-3202(1). Fla. Stat., mandates that Collier County adopt land development regulations that are consistent with and implement the adopted comprehensive plan. 3. Sec. 163.3201, Fla. Stat., provides that it is the intent of the Act that the adoption and enforcement by Collier County of land development regulations for the total unincorporated area shall be based on; be related to, and be a means of implementation for, the adopted Comprehensive Plan as required by the Act. 4. Sec. 163.3194(1)(b), Fla. Stat., requires that all land development regulations enacted or amended by Collier County be consistent with the adopted Comprehensive Plan, or element or portion thereof, and any land development regulations existing at the time of adoption which are not consistent with the adopted Comprehensive Plan, or element or portion thereof, shall be amended so as to be consistent. 5. Sec. 163.3202(3), Fla. Stat., states that the Act shall be construed to encourage the use of innovative land development regulations. 6. On January 10, 1989, Collier County adopted the Collier County Growth Management Plan (hereinafter the "Growth Management Plan" or "GMP") as its Comprehensive Plan pursuant to the requirements of Sec. 1634.3161 et seq. Fla. Stat., and Rule 9J-5, F.A.C. 7. Sec. 163.3194(1)(a), Fla. Stat., mandates that after a Comprehensive Plan, or element or portion thereof, has been adopted in conformity with the Act, all development undertaken by, and all actions taken in regard to development orders by, governmental agencies in regard to land covered by such Comprehensive Plan or element or portion thereof shall be consistent with such Comprehensive Plan or element or portion thereof. 8. Pursuant to Sec. 163.3194(3)(a), Fla. Stat., a development order or land development regulation shall be consistent with the Comprehensive Plan if the land uses, densities or intensities, in the Comprehensive Plan and if it meets all other criteria enumerated by the local government. 9. Section 163.3194(3)(b). Fla. Stat., requires that a development approved or undertaken by a local government shall be consistent with the Comprehensive Plan if the land uses, densities or intensities, capacity or size, timing, and other aspects of development are compatible with, and further the objectives, policies, land uses, densities or intensities in the Comprehensive Plan and if it meets all other criteria enumerated by the local government. 10. On October 30, 1991, Collier County adopted the Collier County Land Development Code, which became effective on November 13, 1991 and may be amended twice annually. 11. Collier County finds that the Land Development Code is intended and necessary to preserve and enhance the present advantages that exist in Collier County; encourage the most appropriate use of land, water and resources, consistent with the public interest; overcome present handicaps; and deal effectively with future problems that may result from the use and development of land within the total unincorporated are of Collier County and it is intended that this Land Development Code preserve, promote, protect, and improve the public health, safety, comfort, good order, appearance, convenience, and general welfare of Collier County; prevent the overcrowding of land and avoid the undue concentration of population; facilitate the adequate and efficient provision of transportation, water, sewerage schools, parks, recreational facilities, housing, and other requirements and services, conserve, develop, utilize, and protect natural resources within the jurisdiction of Collier County; and protect human, environmental, social, and economic resources; and maintain through orderly growth and development, the character and stability of present and future land uses and development in Collier County. 12. It is the intent of the Board of County Commissioners of Collier County to implememthe Land Development Code in accordance with the provisions of the Collier County Comprehensive Plan, Chapter 125, Fla. Stat., and Chapter 163, Fla. Stat., and through these amendments to the Code. Words s~ac~Jz [~m:gh are deleted, words underlined are added. 2 SECTION THREE: SUBSECTION 3.A. ADOPTION OF AMENDMENTS TO THE LAND DEVELOPMENT CODE AMENDMENTS TO DIVISION 3:15, ADEQUATE PUBLIC FACILITIES Subsection 3.15.7.3 entitled Certificate of Public Facility Adequacy of Ordinance No. 91-102, as amended, the Collier County Land Development Code, is hereby amended to delete subsection 3.15.7.3.1.2 as follows: SECTION FOUR: CONFLICT AND SEVE~ILITY h the event this Ordin~ce conflicts with ~y other Ordin~ce of Collier Co~ty ~d other applicable law, the more restrictive shall apply. If any p~ase or potion of the Ordinance is held invalid or ~constitutional by ~y corn of competent jurisdiction, such potion shall be deemed a sep~ate, distinct ~d independent provision ~d such holding shall not affect the validity of the remaining portion. SECTION FIVE: INCLUSION IN THE COLLIER COUNTY LAND DEVELOPMENT CODE The provisions of this Ordinance shall become and be made a part of the Land Development Code of Collier County, Florida. The sections of the Ordinance may bc renumbcred or relettcred to accomplish such, and the word "ordinance" may be changed to "section", "article", or any other appropriate word. SECTION SIX: 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, Florida, this day of ,2002. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA ATTEST: BY: JAMES N. COLETTA, CHAIRMAN DWIGHT E. BROCK, CLERK Words s~.:c~ ..:r~ag.. are deleted, words underlined are added. 3 Approved As To Form And Legal Sufficiency M~udent' ' Assistant County Attorney H:\ LDC CYCLE 1 -2001\LDC ORD CYCLE I - 2001 Words gm:ok ~zzug~ are deleted, words underlined are added. 4 Na~l~s ~aiL~, Ne~s Nap~es~ FL 3410~ Affid~v:t o~ ~,~btication Naples Dai~., POAR~ OF COUNTY CHRIS >0 BOX 41301~ H~LES '1.. 34101-'3016 ~£FERE~C£: 0(.~23G ~I3'~83!26491 38~260 DIV. State o' ?Lo~da County of ¢oLli~r Before thc up¢~rsigned au'~hority, ~ersom~ly ~ppeared ~. Lamb. ~ho ol~ oath says that she scows as ~;e A~si~tant .orpora~e S~c~et3~y of the Naples Daily ~e~s/ a daily ne~paper published at Nap:es, ~ ¢ollien Co~n~y, Florida: that the ~ctached copy of advertising ~s pubL~sh-d 'in said ne~spape;' on Af~i=n~ further says that ~he sa'~d Naples ~aily ~eus '~s a n~s~per published at Naples, in said Collier County, F[or.i~, and that the saiJ ne~spapen ~a~ h~net~fcre been continuously pub!~$hed in said L~ll~en Cour,~y, Flopide, eac~t da~ and he~ been entered s~ secord class .~a~L ~at~er ~ th ~os; office in N~p[e~. in said Collie~ County, ~Lonida, fop a per~J of 1 year n.~xt preceding the fi~t publication of the a~tach~ co~.' of ~dvertise..,ent, ~d affiant further say~ th,t sh~ kes ~-ithec ~id no~ prc,:~s~ ~y person, ~i~ or' co~por~Cion any ~iscount. Pebat~., commiss~or~ oF refuno for the put,se ur sec~'~i~C thi~ adw~rtisement fen Rubliction i~ ~he sai~ PUeL~SHED ON: 0~/25 AD ~,~AgE: 134.000 INCH FILED OE: 01/23/02 F~rsoneLI;' kno~n by me ~ My Commi~ion DD056338 RECEIVED JAN J U FINANCE DIV. 3.15 NOTICE OF INTENT TO CONSIDER ORDINANCE Notice Is hereby alven thof on WEDNESDAY, _FI .o.o..r, A_dmJnlsfr_atlon Building, Collier County Government Center, 3301 East Tamlam] Trail, Naples, Florida, the missioners will consider the enactment of a Coun- ty Ordinance. The meet. Jng will commence of 5:05 P. M. The title of the ~ Ordinance Is as AN ORDINANCE AMENDING ORDI- NANCE NUMBER 91-102, AS AMENDED, ~ THE CALLER COUN- TY LAND DEVELOP- MENT CODE WHICH INCLUDES THE COM- PREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORAT- ED AREA OF COLLIER ~ COUNTY~ FLORI~_A~ BY PROVIDING FOR~ SECTION OHE, RECIT- ALS; SECTION TWO, FINDINGS OF FACT: ECT,ON o .R%E ADOPTI ' AMENDMENTS TO THE LAND DEVELOP- MENT CODE~ MORE SPECIFIC/ LLY AMENDING C~VISION J 3.1_5, ADEQUATE PUB- . LIC FACILITIES, TO . DELETE SUESECTIONj 3.15.7.3.1.2. THEREOF "RELATING TO RE- VIEW AND APPROV- AL OF CER~qFICATES OF PUBLIC 'FACILITY ADEQUACY PEIOR TO CONSIDERATION OF AN APPLICATION FOR DEVELOPMENT ORDER APPROVAL; SECTION FOUR, CON. FLICT AND SEVERA. BILITY; SECTION FIVE, INCLUSION IN THE COLLIER COUN- TY LAND DEVELOP. MENT CODE; AND SECTION SIX, EFFEC- TIVE DATE. Copies of ~e Ordln~mce are on file wlYn the Clerk to the Board and NOTE: All persons ~lshl~ ~} ~8 on ~¥ I~ ~m mu~' r~b- I mlnls~rmor ~rlor to pre- I Item to be ~lressed. In. /dlvldual speakers will be J /limited to 5 minutes on] ]~n¥ Item, The se ecXon of] /on Individual to spe~k /behalf of an org~nlz~'lonl ~* group Is encouraged. recognized by the Ch~lr. man, a spokesperson_ for a ~ or organization may ~e allotted 10 mln- Persons wishing to have written ar graphic materiels Included In the Board agenda must submit said nla~r~l o minimum of 3 weeks prior to ~he respective public he~rlng. In any .case_, wrXton metertols In- by the B(mrd shall be sub- mltled to the ~mlofe CourW staff o 'minimum public hearing, All moferl- al used In presentofloas before rite Board will be. ~ome a p.ermmlenf IX~ of · r~:~'a. Anv person who decld- es to m~e~l a decielon of the B<mrd will need o re- cord of .the procoedlngs ~erh~lnlng thereto and. therefore,.- .may need to[ ensure mot a verbaflml Is mm:M, which record Ih-I cludas the testimony and evl)~d~isl3~ whtch the DOFCOUHT¥ I I COMMI$$1ONI~S COLLIER COUNTY, ' JAMES N. COLETT.~ CHAIRMAN DWIGHT E. BROCK, .C~.E,R_K_ .......... ORDINANCE NO. 02- 0 4 AN ORDINANCE AMENDING ORDINANCE NUMBER 91-102, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY PROVIDING FOR.' SECTION ONE, RECITALS; SECTION TWO, FINDINGS OF FACT: SECTION THREE, AMENDMENTS TO THE LAND DEVELOPMENT CODE, MORE SPECIFICALLY AMENDING DIVISION 3.15, ADEQUATE PUBLIC FACILITIES, TO DELETE SUBSECTION 3.15.7.3.1.2. THEREOF RELATING TO REVIEW AND APPROVAL OF CERTIFICATES OF PUBLIC FACILITY ADEQUACY PRIOR TO CONSIDERATION OF AN APPLICATION FOR DEVELOPMENT ORDER APPROVAL; SECTION FOUR, CONFLICT AND SEVERABILITY; SECTION FIVE, INCLUSION IN THE COLLIER COUNTY LAND DEVELOPMENT CODE; AND SECTION SIX, EFFECTIVE DATE. WHEREAS, on October 30, 1991, the Collier County Board of County Commissioners adopted Ordinance No. 91-102, the Collier County Land Development Code (hereinafter LDC) , which has been subsequently amended; and WHEREAS, the LDC may not be amended more than two times in each calendar year pursuant to Section 1.19.1., LDC; and and WHEREAS, this is the first amendment to the LDC, Ordinance 91-102, for the calendar year 2001; WHEREAS, on March 18, 1997, the Board of County Commissioners adopted Resolution 97-177 establishing local requirements and procedures for amending the LDC; and WHEREAS, all requirements of Resolution 97-177 have been met; and WHEREAS, the Board of County Commissioners, in a manner prescribed by law, did hold advertised public hearings on January 9, 2002 and February 6, 2002, and did take action concerning these amendments to the LDC; and WHEREAS, the subject amendments to the LDC are hereby determined by this Board to be consistent with and to implement the Collier County Growth Management Plan as required by Subsections 163.3194 (1) and 163.3202 (1), Florida Statutes; and WHEREAS, all applicable substantive and procedural requirements of the law have been met. NOW, THEREFORE BE IT ORDAINED by the Board of County Commissioners of Collier County, Florida, that: SECTION ONE: RECITALS The foregoing recitals are true and correct and incorporated by reference herein as if fully set forth. Words smack t~xcugh are deleted, words underlined are added. 1 SECTION TWO: FINDINGS OF FACT The Board of County Commissioners of Collier County, Florida, hereby makes the following findings of fact: 1. Collier County, pursuant to Sec. 163.3161, et seq., Fla. Stat., the Florida Local Government Comprehensive Planning and Land Development Regulations Act (hereinafter the "Act"), is required to prepare and adopt a Comprehensive Plan. 2. After adoption of the Comprehensive Plan, the Act and in particular Sec. 163-3202(1). Fla. Stat., mandates that Collier County adopt land development regulations that are consistent with and implement the adopted comprehensive plan. 3. Sec. 163.3201, Fla. Stat., provides that it is the intent of the Act that the adoption and enforcement by Collier County of land development regulations for the total unincorporated area shall be based on; be related to, and be a means of implementation for, the adopted Comprehensive Plan as required by the Act. 4. Sec. 163.3194(1)(b), Fla. Stat., requires that all land development regulations enacted or amended by Collier County be consistent with the adopted Comprehensive Plan, or element or portion thereof, and any land development regulations existing at the time of adoption which are not consistent with the adopted Comprehensive Plan, or element or portion thereof, shall be amended so as to be consistent. 5. Sec. 163.3202(3), Fla. Stat., states that the Act shall be construed to encourage the use of innovative land development regulations. 6. On January 10, 1989, Collier County adopted the Collier County Growth Management Plan (hereinafter the "Growth Management Plan" or "GMP") as its Comprehensive Plan pursuant to the requirements of Sec. 1634.3161 et seq. Fla. Stat., and Rule 9J-5, F.A.C. 7. Sec. 163.3194(1)(a), Fla. Stat., mandates that after a Comprehensive Plan, or element or portion thereof, has been adopted in conformity with the Act, all development undertaken by, and all actions taken in regard to development orders by, governmental agencies in regard to land covered by such Comprehensive Plan or element or portion thereof shall be consistent with such Comprehensive Plan or element or portion thereof. 8. Pursuant to Sec. 163.3194(3)(a), Fla. Stat., a development order or land development regulation shall be consistent with the Comprehensive Plan if the land uses, densities or intensities, in the Comprehensive Plan and if it meets all other criteria enumerated by the local government. 9. Section 163.3194(3)(b). Fla. Stat., requires that a development approved or undertaken by a local government shall be consistent with the Comprehensive Plan if the land uses, densities or intensities, capacity or size, timing, and other aspects of development are compatible with, and further the objectives, policies, land uses, densities or intensities in the Comprehensive Plan and if it meets all other criteria enumerated by the local government. 10. On October 30, 1991, Collier County adopted the Collier County Land Development Code, which became effective on November 13, 1991 and may be amended twice annually. 11. Collier County finds that the Land Development Code is intended and necessary to preserve and enhance the present advantages that exist in Collier County; encourage the most appropriate use of land, water and resources, consistent with the public interest; overcome present handicaps; and deal effectively with future problems that may result from the use and development of land within the total unincorporated are of Collier County and it is intended that this Land Development Code preserve, promote, protect, and improve the public health, safety, comfort, good order, appearance, convenience, and general welfare of Collier County; prevent the overcrowding of land and avoid the undue concentration of population; facilitate the adequate and efficient provision of transportation, water, sewerage schools, parks, recreational facilities, housing, and other requirements and services, conserve, develop, utilize, and protect natural resources within the jurisdiction of Collier County; and protect human, environmental, social, and economic resources; and maintain through orderly growth and development, the character and stability of present and future land uses and development in Collier County. 12. It is the intent of the Board of County Commissioners of Collier County to implement the Land Development Code in accordance with the provisions of the Collier County Comprehensive Plan, Chapter 125, Fla. Stat., and Chapter 163, Fla. Stat., and through these amendments to the Code. Words s~ack ~ough are deleted, words underlined are added. 2 SECTION THREE: SUBSECTION 3.A. ADOPTION OF AMENDMENTS TO THE LAND DEVELOPMENT CODE AMENDMENTS TO DIVISION 3:15, ADEQUATE PUBLIC FACILITIES Subsection 3.15.7.3 entitled Certificate of Public Facility Adequacy of Ordinance No. 91-102, as amended, the Collier County Land Development Code, is hereby amended to delete subsection 3.15.7.3.1.2 as follows: SECTION FOUR: CONFLICT AND SEVERABILITY In the event this Ordinance conflicts with any other Ordinance of Collier County and other applicable law, the more restrictive shall apply. If any phrase or portion of the 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 FIVE: INCLUSION IN THE COLLIER COUNTY LAND DEVELOPMENT CODE The provisions of this Ordinance shall become and be made a part of the Land Development Code of Collier County, Florida. The sections of the Ordinance may be renumbered or relettered to accomplish such, and the word "ordinance" may be changed to "section", "article", or any other appropriate word. SECTION SIX: 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, Florida, this (,,;~:Z, day of.~~, 2002. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: JAMI~. ~-~ LI~ T'i'A ,--C ~--.~M AN s!gn tm, Words .......tF, rcugh are deleted, words underlined are added. 3 Approved As To Form And Legal Sufficiency Marj})ri~M. Student v, Assistant County Attorney H:\ LDC CYCLE I - 2001\LDC ORD CYCLE 1 - 2001 Words swack tF~roug~ are deleted, words underlined are added. 4 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 2002-04 Which was adopted by the Board of County Commissioners on the 6th day of February, 2002, during Special Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 14th day of February, 2002. DWIGHT E BROCK Clerk of Courts and: Ex-officio to Board County Commissioner,s. ~ ~. ~ ,. By: Ellie Hoffman, Deputy Clerk