Loading...
Documents 02/27/2002 SBOARD OF COUNTY COMMISSIONERS SPECIAL MEETING FEBRUARY 27, 2002 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS RURAL FRINGE FINAL HEARING AGENDA February 27, 2002 9:00 a.m. Max Hasse Jr. Community Park Golden Gate Boulevard, Naples, 34120 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. 1 February 27, 2002 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 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. LUNCH RECESS SCHEDULED FOR 12:00 NOON TO 1:00 P.M. 1. Pledge of Allegiance 2. Transmittal Draft of Collier County Growth Management Plan (GMP) Amendments addressing the requirements of the Final Order (AC-99-02) issued by the State of Florida Administration Commission on June 22, 1999, excluding the Eastern Lands Portion of the Rural and Agricultural Assessment. CONTINUED TO MARCH 4, 2002 3. Adjourn INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE MADE TO THE COUNTY MANAGER'S OFFICE AT 774-8383. 2 February 27, 2002 COLLIER COUNTY FLORIDA REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS To: Clerk to the Board: Please place the following as a: [] Normal legal Advertisement x Other: See Attached (Display Adv., location, etc.) Originating Dept/Div: Planning Services Person: Marcia Kendall Date: February 8, 2002 Petition No. (If none, give brief description): FINAL ORDER - RURAL FRINGE AREA Petitioner: (Name & Address): Comprehensive Planning Name & Address of any person(s) to be notified by Clerk's Office: (If more space is needed, attach separate sheet) Hearing before xx BCC BZA Other Requested Hearing date: (Based on advertisement appea ore hearing 27, 2002 Newspaper(s) to be used: (Complete only if important): x Naples Daily News [] Other [] Legally Required Proposed Text: (Include legal description & common location & Size): See Attached Companion petition(s), if any & proposed hearing date: N/A Does Petition Fee include advertising cost? xx Yes ivision He~d "~ Date List Attachments: Legal Ad [] No If Yes, what account should be charged for advertising costs: Approved by: County Manager Date DISTRIBUTION INSTRUCTIONS A. For hearings before BCC or BZA: Initiating person to complete one copy and obtain Division Head approval before submitting to County Manager. Note: If legal document is involved, be sure that any necessary legal review, or request for same, is submitted to County Attorney before submitting to County Manager. The. Manager's office will distribute copies: [] County Manager agenda file: to [] Requesting Division ['"1 Original Clerk's Office B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office, retaining a copy for file. FOR CLERK'S OFFICE USE ONLY: ! '! Memorandum To: From: Date: Subject: Ellie Hoffman, Minutes and Records Department Marcia R. Kendall, Planning Technician February 11, 2002 BCC Advertisement for Meeting of February 27, 2002 Per our phone conversation, attached is a copy of the "Notice of Public Hearing", and Map (11 x 17), as well as a copy (for example only) of the CCPC Full Page Advertisement which ran January 28, 2002 for their meeting of February 7, 2002. Pam Perrell has the original map, which was hand delivered to her, all that needs faxed to her is the "Notice of Public Hearing" with a request to run the BCC Full Page Ad, the same as the one she ran for the CCPC Meeting. The ad should appear as a 7 day Advertisement, per instruction by Marjorie Student, Assistant County Attorney. [Please note that the Resolution is being created, therefore, will be hand delivered under separate cover to Minutes & Records, prior to the ad appearing in the paper.] Should you have any questions regarding this advertisement, please contact me at 403-2387 or email: marciakendall @collierqov.net. Thank you. Cc: Stan Litsinger, AICP, Comprehensive Planning Section Planning Services Department mk/f:\comp, planning/non-gmp ads Comprehensive Planning Services Section NOTICE OF PUBLIC HEARING Notice is hereby given that on February 27, 2002 at 9:00 A.M. at the Max Hasse Community Park (Louise Hasse Community Center), 3390 Golden Gate Boulevard West, Naples, Florida, 34120, the Board of County Commissioners propose to adopt the following Resolution for transmittal to the State of Florida Department of Community Affairs for preliminary review and comment: A RESOLUTION APPROVING TRANSMITTAL AMENDMENTS TO: THE FUTURE LAND USE ELEMENT, FUTURE LAND USE MAP AND RELATED MAPS, THE CONSERVATION AND COASTAL MANAGEMENT ELEMENT AND THE POTABLE WATER AND SANITARY SEWER SUBELEMENTS OF THE PUBLIC FACILITIES ELEMENT OF THE COLLIER COUNTY GROWTH MANAGEMENT PLAN TO ESTABLISH DEVELOPMENT REGULATIONS FOR THE RURAL FRINGE ASSESSMENT AREA PORTION OF THE RURAL AND AGRIGULTURAL ASSESSMENT AREA INCLUDING CERTAIN OF THE NATURAL RESOURCE PROTECTION AREAS LOCATED WITHIN THIS RURAL FRINGE ASSESSMENT AREA ALL TO IMPLEMENT THE FINAL ORDER OF THE ADMINISTRATION COMMISSION. ENTERED ON JUNE 22, 1999 IN CASE NO. ACC 99-02 (DOAH CASE NO. 98-0324GM). THESE AMENDMENTS DO NOT INVOLVE THE EASTERN LANDS PORTION OF THE RURAL AND AGRICULTURAL ASSESMENT AREA. [MAP] All interested parties are invited to appear and be heard. A copy of the Resolution is available for inspection at the Community Development and Environmental Services Division located at 2800 N. Horseshoe Drive, Naples, Florida, between the hours of 8:00 A.M. and 5:00 P.M., Monday through Friday. Any questions pertaining to these documents should be directed to the Comprehensive Planning Section (941-403-2300). Written comments filed with the Comprehensive Planning Section prior to February 27, 2002, will be read and considered at the public hearing. If a person decides to appeal any decision made by the Collier County Planning Commission with respect to any matter considered at such meeting or hearing, he will need a record of that proceeding, and for such purpose he 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. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA JAMES N. COLETTA, CHAIRMAN DWIGHT E. BROCK, CLERK By:/s/EIlie Hoffman, Deputy Clerk (SEAL) R26E Rural Fringe Assessment Areas CREW NRPA Lee County AREA _~L~ _ Vanderbilt 15 _!4¢-13 18 19 30 31 31 17 20 29 32 32 R27b R28E 16 21 28 33 AREA 54th_; 27th ~4~h- ~ aoth ~4 13~ US 41 and CR 29 Insert If' Eve~/des 21 23 Be,_n~)_n 25 29 26 25 3 ~. o~- 35 36 (/)/' B'~llaCkbum_ 34 I - 75 30B 29 28 ~27 36 31 72~d _ 23~ -_76t-hl., 26 ~!.~:~- ]8t~ 8_6_Lh ] 35 90th RTH ELLE RPA 5 4 3 2- Assessment Areas R26E 9 10 R27E -1.20th_j _124th _[_126th, ~Lynch R28E February 13 2002 Ms. Pam Perrell Naples Daily News 1075 Central Avenue Naples, Florida 34102 Re: Notice of Rural Fringe Assessment Area Dear Pam: Please advertise the above referenced notice and map as a full page ad (the same as the 1/28/02 ad for the Planning Commission) on Tuesday, February 19, 2002, and kindly send the Affidavit of Publication, in duplicate, together with charges involved to this office. Thank you. Sincere~ly, Ellie Hoffman, Deputy Clerk Charge to: Account #111-138317-649100 NOTICE OF PUBLIC HEARING Notice is hereby given that on Wednesday, February 27, 2002, at 9:00 A.M., at the Max Hasse Community Park (Louise Hasse Community Center), 3390 Golden Gate Boulevard West, Naples, Florida, 34120, the Board of County Commissioners propose to adopt the following Resolution for transmittal to the State of Florida Department of Community Affairs for preliminary review and comment: A RESOLUTION APPROVING TRANSMITTAL AMENDMENTS TO~ THE FUTURE LAND USE ELEMENT, FUTURE LAND USE MAP AND RELATED MAPS, THE CONSERVATION AND COASTAL MANAGEMENT ELEMENT AND THE POTABLE WATER AND SANITARY SEWER SUBELEMENTS OF THE PUBLIC FACILITIES ELEMENT OF THE COLLIER COUNTY GROWTH MANAGEMENT PLAN TO ESTABLISH DEVELOPMENT REGULATIONS FOR THE RURAL FRINGE ASSESSMENT AREA PORTION OF THE RURAL AND AGRICULTURAL ASSESSMENT AREA INCUDING CERTAIN OF THE NATURAL RESOURCE PROTECTION AREAS LOCATED WITHIN THIS RURAL FRINGE ASSESSMENT AREA ALL TO IMPLEMENT THE FINAL ORDER OF THE ADMINISTRATION COMMISSION. ENTERED ON JUNE 22, 1999 IN CASE NO. ACC 99-02-(DOAH CASE NO. 98- 0324GM). THESE AMENDMENTS DO NOT INVOLVE THE EASTERN LANDS PORTION OF THE RURAL AND AGRICULTURAL ASSESSMENT AREA. [MAP] Ail interested parties are invited to appear and be heard. A copy of the Resolution is available for inspection at the Community Development and Environmental Services Division located at 2800 N. Horseshoe Drive, Naples, Florida, between the hours of 8:00 A.M. and 5:00 P.M., Monday through Friday. Any questions pertaining to these documents should be directed to the Comprehensive Planning Section (941-403-2300). Written comments filed with the Comprehensive Planning Section prior to February 27, 2002, will be read and considered at the public hearing. 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 Rural Fringe Assessment Area Good Morning, Pam, Please advertise the above notice as indicated on the attached. I understand from Marcia Kendall that she has forwarded the map to you. Thanks and have a nice day.! Notice of Rural Notice of Rural Fringe.doc Fringe.doc Ellie J. Hoffman From: Sent: To: Subject: System Administrator [postmaster@naplesnews.com] Thursday, February 14, 2002 8:00 AM Ellie J. Hoffman Delivered: Notice of Rural Fringe Assessment Area Notice of Rural Fringe Assessm... <<Notice of Rural Fringe Assessment Area>> Your message To: 'paperrell@naplesnews.com' Subject: Notice of Rural Fringe Assessment Area Sent: Thu, 14 Feb 2002 08:07:01 -0500 was delivered to the following recipient(s): Perrell, Pamela on Thu, 14 Feb 2002 07:59:54 -0500 RESOLUTION 02- A RESOLUTION APPROVING TRANSMITTAL AMENDMENTS TO: THE FUTURE LAND USE ELEMENT, FUTURE LAND USE MAP AND RELATED MAPS, THE CONSERVATION AND COASTAL MANAGEMENT ELEMENT AND THE POTABLE WATER AND SANITARY SEWER SUBELEMENTS OF THE PUBLIC FACILITIES ELEMENT OF THE COLLIER COUNTY GROWTH MANAGEMENT PLAN TO ESTABLISH DEVELOPMENT REGULATIONS FOR THE RURAL FRINGE ASSESSMENT AREA PORTION OF THE RURAL AND AGRICULTURAL ASSESSMENT AREA INCLUDING CERTAIN OF THE NATURAL RESOURCE PROTECTION AREAS LOCATED WITHIN THIS RURAL FRINGE ASSESSMENT AREA ALL TO IMPLEMENT THE FINAL ORDER OF THE ADMINISTRATION COMMISSION. ENTERED ON JUNE 22, 1999 IN CASE NO. ACC 99- 02 (DOAH CASE NO. 98-0324GM). THESE AMENDMENTS DO NOT INVOLVE THE EASTERN LANDS PORTION OF THE RURAL AND AGRICULTURAL ASSESSMENT AREA. 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 the County's EAR-based amendments, and 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, following a hearing 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 Administration Commission on June 22, 1999 found the EAR-based amendments not in compliance and entered a Final Order directing Collier County to perform a 3 year Rural and Agricultural Assessment of the Growth Management Plan to identify measures to protect agricultural areas, direct incompatible land uses away from wetlands and upland habitat and assess the growth potential of the area; and Whereas, the Final Order provides that the County may conduct the Assessment in phases; and Whereas, the County has divided the Assessment into two geographical areas, the Rural Fringe Area and the Eastern Lands Area; and Whereas, on August 3 and September 14, 1999 the BCC created the Rural Fringe Area Oversight Committee (RFAC) to assist in the assessment of the area of the County commonly referred to as the Rural Fringe Area; and Whereas, the RFAC, with the collaboration of the public, and county planning and environmental staff have completed the Assessment for the Rural Fringe Area and have developed amendments to the County's Growth Management Plan; and Whereas, the Collier County Planning Commission has considered the proposed Rural Fringe Assessment Area Amendments to the Growth Management Plan pursuant to the authority granted to it by Section 163.3174, Florida Statutes, and has recommended approval of said Rural Fringe Assessment Area Amendments to the Board of County Commissioners; and Whereas, upon receipt of Collier County's proposed Rural Fringe Assessment Area Amendments, the DCA will review the Rural Fringe Assessment Area Amendments as set forth in Section 163.3184, Florida Statutes. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: The Board of County Commissioners hereby approves the proposed Rural Fringe Assessment Area Amendments and any maps related thereto attached hereto and incorporated by reference herein as composite Exhibit A for the purpose of transmittal to the Department of Community Affairs thereby initiating the required State evaluation of such Amendments prior to final adoption and State determination of compliance with the Final Order of the Administration Commission, the Local Government Comprehensive Planning and Land Development Regulation Act of 1985 and Rule 9J5, Florida Administrative Code, Minimum Criteria for Review of Local Government Comprehensive Plans and Determination of Compliance. THIS Resolution adopted after motion, second and majority vote. Done this day of ATTEST: DWIGHT E. BROCK, Clerk ,2002 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: Attest as to Chairman's Signature only. BY: JAMES N. COLETTA, Chairman Approved as to form and legal sufficiency: Marjorieq~l. Student, Assistant County Attorney 2002 Resolution/Rural Fringe Area Assessment/June 22, 1999 Administration Commission's Final Order NAPLES DAILY NEWS Published Daily Naples, FL 34102 Affidavit of Publication State of Florida County of Collier Before the undersigned they serve as the authority, personally appeared B. Lamb, who on oath says that they serve as the Assistant Corporate Secretary of the Naples Daily, a daily newspaper published at Naples, in Collier County, Florida; distributed in Collier and Lee counties of Florida; that the attached copy of the advertising, being a PUBLIC NOTICE in the matter of PUBLIC NOTICE was published in said newspaper 1 time(s) in the issue on February 19, 2002 Affiant further says that the said Naples Daily News is a newspaper published at Naples, in said Collier County, Florida, and that the said newspaper has heretofore been continuously published in said Collier County, Florida; distributed in Collier and Lee counties of Florida, each day and has been entered as second class mail matter at the post office in Naples, in said Collier County, Florida, for a period of 1 year next preceding the first publication of the attached copy of advertisement; and affiant further says that he has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for Sworn to and subscribed before me ,/;th day of Feb~mary, 2002 (Signature o~' notary pu~iic)~ ~//.- Tuesday, February 19, 2002 PUBLIC NOTICE PUBLIC NOTICE PUBLIC NOTICE PUBLIC NOTICE PUBLIC NOTICE PUBLIC NOTI( NOTICE OF PUBLIC HEARING Notice is hereby given that on Wednesday, February 27, 2002, at 9:00 A.M., at the Max Hasse Community Park (Louise Hasse Community Center), 3390 Golden Gate Boulevard West, Naples, Florida, 34120, the Board of County Commissioners propose to adopt the following Resolution for transmittal to the State of Florida Department of Community Affairs for preliminary review and comment: A RESOLUTION APPROVING TRANSMITTAL AMENDMENTS TO: THE FUTURE LAND USE ELEMENT, FUTURE LAND USE MAP AND RELATED MAPS, THE CONSERVATION AND COASTAL MANAGEMENT ELEMENT AND THE POTABLE WATER AND SANITARY SEWER SUBELEMENTS OF THE PUBLIC FACILITIES ELEMENT OF THE COLLIER COUNTY GROWTH MANAGEMENT PLAN TO ESTABLISH DEVELOPMENT REGULATIONS FOR THE RURAL FRINGE ASSESSMENT AREA PORTION OF THE RURAL AND AGRICULTURAL ASSESSMENT AREA INCLUDING CERTAIN OF THE NATURAL RESOURCE PROTECTION AREAS LOCATED WITHIN THIS RURAL FRINGE ASSESSMENT AREA ALL TO IMPLEMENT THE FINAL ORDER OF THE ADMINISTRATION COMMISSION. ENTERED ON JUNE 22, 1999 IN CASE NO. ACC 99-02-{DOAH CASE NO. 98-0324GM). THESE AMENDMENTS DO NOT INVOLVE THE EASTERN LANDS PORTION OF THE RURAL AND AGRICULTURAL ASSESSMENT AREA. Rural Fringe Assessment Areas I-- NRPA AREA B Lee "~ Assessment Areas R26 E I R27 E All Interested parties are invited to appear and be heard. A copy of the Resolution is available for inspection at the Community Development and Environmental Services Division located at 2800 N. Horseshoe Drive, Naples, Florida, between the hours of 8:00 A.M. and 5:00 P.M., Monday through Friday. Any questions pertaining to these documents should bo directed to the Comprehensive Planning Section (941-403-2300). Written comments filed with the Comprehensive Planning Section prior to February 27, 2002, will be read and considered at the public hearing. 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. COLETI'A, CHAIRMAN DWIGHT E. BROCK, CLERK By:/s/Ellie Hoffman, Deputy Clerk (SEAL) Feb. 19, 2002