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Ordinance 2005-37 . . ORDINANCE NO. 05- ~ AN ORDINANCE AMENDING ORDINANCE NUMBER 04- 41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE (LDC), TO CORRECT A SCRIVENER'S ERROR IN ORDINANCE NO. 05-27 DUE TO AN UNINTENDED REVISION TO LDC SECTION 10.03.05 - TO CORRECTLY PROVIDE NOTICE WITHIN 500' OF PROPERTY FOR CERTAIN PUBLIC HEARINGS BEFORE THE BOARD OF COUNTY COMMISSIONERS, THE COLLIER COUNTY PLANNING COMMISSION, THE BOARD OF ZONING APPEALS, THE ENVIRONMENTAL ADVISORY COUNCIL, AND THE HISTORIC & ARCHEOLOGICAL PRESERVATION BOARD; AND BY PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Collier County Board of Commissioners adopted Ordinance No. 05-27, on June 8, 2005, filed and effective on June 16, 2005, and; WHEREAS, following adoption of that Ordinance staff determined a provision that was otherwise not intended to change distances required for mailed notices for certain public hearings was inadvertently made a part of those amendments, and therefore constitutes a scrivener's error. NOW, THEREFORE BE IT ORDAINED by the Board of County Commissioners of Collier County, Florida: ~i ):þ ~.., ?-- ,,~ c::::~ = c:...r1 :;:;,. c= ~1' . SECTION ONE: SCRIVENER'S ERROR AMENDMENT ~.; ,I ..~ rr, I .. N I'· Section 10.03.05. B.8., of the Land Development Code of Collier Cºµnty, ~oriUi:1 r-' _ _ ir"-?f<!r'!"~ Ordinance 04-41, as amended, as further amended by Ordinance Number O~, is:~er~D/ ê3~: .:- ):> rn a amended to correct a scrivener's error as follows: * * * * * * * * * B. Notice and public hearing where proposed amendment would change zoning classification of land and for CONDITIONAL USES and variances, for planned unit development (PUD) rezoning extensions. In the case of an application for extension of PUD zoning status or the rezoning of land, to include rezonings, conditional uses and variances initiated by other than the board of county commissioners or amendments to planned unit developments, such provisions shall be enacted or amended pursuant to the following public notice and hearing requirements by the planning commission and the board of county commissioners. PUD extensions, Rezoning, conditional use and variance petitions initiated by the board of county commissioners or its agencies for county owned land shall be subject to these provisions. * ... ... ... ... ... ... ... ... ... 8. For subject properties located within the urban designated area of the future land use element of the growth management plan, notice of the time and place of the public hearing by the planning commission shall be sent by the county at least 21 days in advance of the hearing. This notice shall be sent by mail to all owners of property within 4;QOO 500 feet of the property lines of the land for which an approval is sought; provided, however, that where the land for which the approval is sought is part of, or adjacent to, land owned by the same person, the 4;QOO 500 foot distance shall be measured from the boundaries of the entire ownership or PUD, except that notices need not be mailed to any property owner located more than one-half mile (2,640 feet) from the subject property. For the purposes of this requirement, the names and Page 1 of 2 addresses of property owners shall be deemed those appearing on the latest tax rolls of Collier County and any other persons or entities who have made a formal request of the county to be notified. SECTION TWO: EFFECTIVE DATE This Ordinance shall become effective upon filing with the Department of State. PASSED AND DUL ~-;?OPTED by the Board of County Commissioners of Collier County, Florida, this ;¡ t. àayof ~ J ' 2005. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA ·oe. BY: ~ w r -.. ~(') FRED W. COŸL~AN Patrick G. i e Assistant County Attorney ( . Page 2 of 2 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 2005-37 Which was adopted by the Board of County Commissioners on the 26th day of July 2005, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 27th day of July, 2005. DWIGHT E. BROCK Clerk of Courts and Clerk Ex-officio to Board:,ß~' County Commissioo~ê~'s""" () .. . ~' ".\i',,\ lJ.ÅÁ..Å-.l " ' , . 0, ( - > >' --. . ,- " . ',.., ". \~. '" _.' r - : -,-.. ",..... "1 :," ' " " -:' .,",~. r - . By: Ann Jennet~l1þ/,"" Deputy CleÍ?J;c.'j'" ....: