Resolution 2004-200A
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RESOLUTION NO. 04- 200A
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS PROPOSING AMENDMENTS TO THE
COLLIER COUNTY GROWTH MANAGEMENT PLAN,
ORDINANCE 89-05, AS AMENDED, SPECIFICALLY
AMENDING POLICY 7.1.2 OF THE CONSERVATION AND
COASTAL MANAGEMENT ELEMENT AND POLICY 5.5
OF THE RURAL LANDS STEWARDSHIP AREA OVERLAY
OF THE FUTURE LAND USE ELEMENT; AND
FURTHERMORE RECOMMENDING TRANSMITTAL OF
THESE AMENDMENTS TO THE FLORIDA DEPARTMENT
OF COMMUNITY AFFAIRS.
WHEREAS, Collier County, pursuant to Section 163.3161, et. sea., Florida
Statutes, the Florida Local Government Comprehensive Planning and Land
Development Regulation Act, was required to prepare and adopt a comprehensive plan;
and
WHEREAS, the Collier County Board of County Commissioners adopted the
Collier County Growth Management Plan on January 10, 1989; 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, Collier County has prepared plan amendments to the following
Policies in its Growth Management Plan:
Policy 7.1.2 of the Conservation and Coastal Management Element; and
Policy 5.5 of the Future Land Use Element, Rural Lands Stewardship Area
Overlay;
and
WHEREAS, the Collier County Planning Commission has considered the
proposed 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 amendments to the Board of County Commissioners; and
WHEREAS, upon receipt of Collier County's proposed Growth Management Plan
Amendments, various State agencies and the Department of Community Affairs (DCA)
have ninety (90) days to review the proposed amendments and DCA must transmit, in
writing, to Collier County, its comments along with any objections and any
recommendations for modification, within said ninety (90) days pursuant to Section
163.3184, Florida Statutes; and
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WHEREAS, Collier County, upon receipt of the written comments from DCA must
adopt, adopt with changes or not adopt the proposed Growth Management Plan
Amendments, within sixty (60) days of such receipt pursuant to Section 163.3184,
Florida Statutes; and
WHEREAS, the DCA, within forty-five (45) days of receipt of Collier County's
adopted Growth Management Plan Amendments, must review and determine if the Plan
Amendments are in compliance with the Local Government Comprehensive Planning
and Land Development Act of 1985; the State Comprehensive Plan; the appropriate
Regional Policy Plan and Rule 9J-5, Florida Administrative Code, pursuant to 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 Growth
Management Plan Amendments, attached hereto as Exhibit A and incorporated by
reference herein, for the purpose of transmittal to the Department of Community Affairs
thereby initiating the required State evaluation of the Growth Management Plan
Amendments, prior to final adoption and State determination of compliance with the
Local Government Comprehensive Planning and Land Development Regulation Act of
1985 and Rule 9J-5, 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 this
!If, day of -cftA/Jv ,2004.
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIG'J.1\t:..E;;'B~OCK, Clerk COLLIER COUNTY, FLORIDA
l{~;';:<:~~~;~~ - ~.d -
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,~c~~ DON~ IAU,"tHAIRMAN
Aip'pr~~, "8~ o~and legal sufficiency:
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7/[0 ~/l LL --rh.
Marjorie Student
Assistant County Attorney
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EXHIBIT A
CONSERVATION AND COASTAL MANAGEMENT ELEMENT
Policy 7.1.2
Within areas of Collier County, excluding the lands contained in the RLSA Overlay, non-
agricultural development, excluding individual single family residences, shall be directed
away from listed species and their habitats by complying with the following guidelines and
standards:
(1) No change.
(2) Wildlife habitat management plans for listed species shall be submitted for County
approval. A plan shall be required for all projects where the wildlife survey indicated
listed species are utilizing the site, or the site oontainc potontial habitat for liGtod apocioG
is capable of supportinq wildlife and can be anticipated to be occupied bv listed species.
These plans shall describe how the project directs incompatible land uses away from
listed species and their habitats.
(a) through (j) No change.
(3) The County shall, consistent with applicable GMP policies, consider and utilize
recommendations and letters of technical assistance from the Florida Fish and Wildlife
Conservaton Commission and recommendations from the US Fish and Wildlife Service
in issuing development orders on property containing listed species. It io rOGognizod that
thoGO agoncy rooommondatione, on a oaGO by oaGO baeiG, may ohango tho roquiromonte
oontainod within thoe€) wildlifo prot€)otion polioioc and any Guoh ohango chall bo doomod
oonsiGtont with tho Growth Managomont Plan.
FUTURE LAND USE ELEMENT
RURAL LANDS STEWARDSHIP AREA OVERLAY
Policy 5.5
1. and 2. No change
3. The County shall, consistent with applicable policies of this Overlay, consider and utilize
recommendations and letters of technical assistance from the Florida Fish and Wildlife
Conservaton Commission and recommendations from the US Fish and Wildlife Service in
issuing development orders on property containing listed species. It ic rooognizod that
thoGO agonoy rooommondations, on a oaGO by oaoo baGie, may ohango tho roquiromonto
oontainod within thoco wildlifo protootion polioioe and any ouoh ohango E:hall bo doomod
oonoiotont with tho Growth Managomont Plan.
Words underlined are additions; words struok through are deletions