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Resolution 1987-139 RESOLUTION NO. 87- 139 JUNE 16, 1987 A RESOLUTION ESTABLISHING GENERAL REQUIREMENTS AND PROCEDURES FOR AMENDING THE COLLIER COUNTY COMPREHENSIVE PLAN WHEREAS, Chapter 163, Florida Statutes, requires local governments to prepare and adopt a Comprehensive Plan; and WHEREAS, the Board of County Commissioners adopted the Collier County Comprehensive Plan on December 6, 1983; ads WHEREAS, the Local Government Comprehensive Planning and Land Development Regulation Act of 1985 mandates certain procedures to amend adopted Comprehensive Plans (Section 163.3184 and Section • 163.3187, Florida Statutes); and WHEREAS, the Local Government Comprehensive Planning and Land ' • • Development Regulation Act provides for public participation in the comprehensive planning process to the fullest extent possible; and WHEREAS, local planning agencies and local governmental units • are directed to adopt procedures designed to provide effective public participation in the comprehensive planning process and to provide real property owners with notice of all official actions which will regulate the use of their property; and WHEREAS, it is necessary to set forth the general requirements and procedures to be followed by petitioners, the general public and Collier County in processing amendments to the Collier County • { Comprehensive Plan consistent with the requirements of the Florida • Statutes. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the following requirements and procedures shall be followed before an amendment to the Collier County Comprehensive Plan shall occur: A. The general requirements to initiate an amendment to the Collier County Comprehensive Plan or one of its elements are as follows: • 1. An amendment may be proposed by the Board of County Commisaionere (BCC), the Collier County Planning Commission (CCPC) designated as the Local Planning Agency pursuant to Chapter 163.3174, Florida Statutes, any department or agency of the County, or any person other than those listed above provided, however, that no such person shall propose an amendment for a land use designation change for property which he or she does not own (except as an agent or attorney for the owner). SOCK 105 PAcr 65 aoorc 105 nq 66 JLC 16, 1987 2. The procedures provided herein shall apply to all comprehen- • sive plan amendments. Amendments proposed in conjunction • with a Florida Quality Development, a DRI or in cases of • emergency, as defined in Section 163.3187(1)(a), Florida Statutes, shall follow the procedure except for the filing dates and public hearing dates for final adoption.- f .. 3. All Comprehensive Plan amendments will be reviewed in one cycle starting on the fourth friday in January, annually. Proposed amendments submitted after that date will not be considered until the following review cycle. The review process including staff review, state and regional review and local public hearings will take approximately 9 to 11 months to complete. 4. All required copies of the applicationrto amend the Collier • County Comprehensive Plan and supporting documentation along with a filing fee of $1,000 must be submitted to the Community Development Division prior to 5:00 p.m. of the fourth friday in January. The Community Development Division will be the responsible agency for processing the application and preparing a recommendation. The term "staff" shall refer to the, staff of the Community Development Division. 5. Comprehensive Plan amendments directly related to proposed small scale development activities may be approved without regard to statutory limits on the frequency of consideration of amendments to the Comprehensive Plan provided all of the conditions are met as set forth in Section 163.3187 (1) (c), Florida Statutes 1985, as amended by Chapter 86-191, Laws of Florida. • B. The procedure to amend the Collier County Comprehensive Plan or one of its elements is as follows: • 1. A pre-application conference shall occur between the • petitioner, the Community Deve}.opment Division and other appropriate County staff to ensure that the procedure set out herein is understood and adhered to. 2. Staff shall perform an initial review of the proposed • amendment application to determine whether additional information is necessary to enable staff to conduct a formal review and whether other amendments of the Comprehensive Plan • will be necessary to preserve the internal consistency of the Plan. Within 30 calendar days following the filing deadline the staff shall notify the petitioner, in writing that: (a) the staff has determined that the petition is adequate for formal review; or (b) the petition is inadequate for formal review and the notice shall set forth in detail the additional information deemed necessary for formal review of the petition. 3. The petitioner shall have 30 calendar days to supplement1the application in response to the initial review. 4. County staff shall review the application and may consult with other County Departments or agencies as it deems necessary to evaluate the proposed amendment. Within 45 calendar days, staff shall prepare a report with a preliminary recommendation and shall advertise the petition • for a public hearing to be scheduled for the first CCPC meeting following said 45 day period. 5. The. CCPC shall hold an advertised public hearing with due 3 public notice as defined by Chapter 163, Florida Statutes, during which staff will present their review and make a preliminary recommendation to the CCPC. All interested parties may appear and be heard. Written comments of the 198 general public filed with-the Community Developpment16 Division - j will ba considered at die public hearing. Following the i CCPC public hearing, the proposed amendment shall be forwarded to the BCC with the recommendation of the CCPC. 6. Within 30 calendar days of the CCPC public hearing the BCC shall hold an advertised public hearing on the proposed • I amendment during which the staff review and preliminary • I recommendation, and any recommendation made by the CCPC shall be presented. The public hearing shall be held on a weekday approximately 7 days after the first advertisement is published. The intention of the BCC to hold and advertise a second public hearing to consider the adoption of the proposed amendment shall be announced. All interested parties may appear and be heard. Written comments filed with I the Community Development Division vilfbe considered at the f public hearing. Following the BCC public hearing, the BCC vill transmit the appropriate number of copies of the proposed amendment to the state land planning agency, the Department of Community Affair. (DCA). 7. Upon receipt of the proposed Comprehensive Plan amendment the state land planning agency, the regional planning council and other government agencies will review said amendment pursuant to Section 163.3184, Florida Statutes. The state land planning agency shall transmit in writing its comments to the local government along with any objections and any recommendations for modifications. 8. Upon receipt of the review comments from the state land planning agency, the BCC shall have 60 days to adopt the amendment, adopt the amendment with changes, or determine that it will not adopt the amendment. • 9. The BCC shall hold the second public hearing regarding the proposed amendment during which the final staff review and recommendation, the CCPC recommendation, state and regional t revie4 comments and public comment will be presented. The public hearing shall be held on a weekday approximately 5 days after the advertisement is published. The BCC shall then adopt, adopt with modifications or deny the proposed amendment. Adoption of an amendment to the Comprehensive Plan must be by Ordinance and shall require four affirmative votes of the Board of County Commissioners. 10. The adopted amendment to the Comprehensive Plan will be transmitted to the Department of Community Affairs within five (5) working days after adoption. The DCA will not make a formal determination of compliance as defined in Chapter 163, Florida Statutes, until the local government has adopted a comprehensive plan pursuant to Sections 163.3167(2) and 163.3184, Florida Statutes, as amended by Chapter 86-191, Laws of Florida. ) C. This Resolution supersedes and repeals Resolution 84-236, Resolution 85-38 and 86-144 relating to prior Comprehensive Plan Amendment Procedures. ++ • • 9 • yt. t Y • 6001( 105 PAr•t 67 6001( 105 P��E 68 • JUNE 16, 1987 This Resolution adopted after motion, second and roll call vote as follows: Commissioner Pistor Motioned and aye Commissioner Goodnight Seconded and aye Commissioner Glass Aye Commissioner Saunders Aye Commissioner Hasse Aye BOARD OF COUNTY COMMISSIONERS DATE: June 16. 1987 COLLIER CO , FLORIDA ATTEST: BY• JAMES C. GILES, CLERK MAX A. SE JR., CHAIRMAN :cam• f . G-?, s% � Sn _C. % dApproved-as to form anI ; legal.skfficiency: + Kenneth B. Cuyler I,. Collier County Attorney r�,Aer, • • REQUIREMENTS AMENDING CCCP 1 • •