Resolution 2002-379
Be
RESOLUTION NO. 02-379
A RESOLUTION APPROVING AMENDMENTS TO THE FUTURE LAND
USE ELEMENT; THE FUTURE LAND USE MAP; THE SANITARY
SEWER SUB-ELEMENT, AND THE POTABLE WATER SUB-ELEMENT,
AND THE WATER AND SEWER DISTRICT BOUNDARY MAP OF THE
PUBLIC FACILITIES ELEMENT OF THE COLLIER COUNTY GROWTH
MANAGEMENT PLAN FOR TRANSMITTAL TO THE DEPARTMENT OF
COMMUNITY AFFAIRS. THESE AMENDMENTS ARE TO SUPPORT
FUTURE IMPLEMENTATION OF THE HERITAGE BAY DEVELOPMENT
OF REGIONAL IMPACT (DRI).
WHEREAS, Collier County, pursuant to Section 163.3161, et seQ., 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, Chapter 380.06(6)(b), F.S., provides that Plan Amendments related
to Developments of Regional Impact (ORis) are not subject to "statutory or local
ordinance limits on the frequency of consideration of amendments to the local
comprehensive plan; and
WHEREAS, Collier County Resolution 97-431 provides for a public petition
process to amend the Plan; and
WHEREAS, the Petitioner, U.S. Home Corporation, has proposed to amend the
following elements of the Collier County Growth Management Plan:
Future Land Use Element; including the Future Land Use Map
Sanitary Sewer Sub-Element of the Public Facilities Element and
Potable Water Sub-Element of the Public Facilities Element and the Water and
Sewer District Boundary Map; 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 forty-five (45) 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 forty-five (45) days pursuant to Section
163.3184, Florida Statutes; and
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, DCA, if the proposed amendments were not the subject of
objections pursuant to Section 163.3184(7)(b), Florida Statutes, within twenty (20) days
of receipt of Collier County's adopted Growth Management Plan Amendments, must
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review and determine if the Plan Amendments are in compliance with the Local
Govemment 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; and
WHEREAS, DCA, if the proposed amendments were the subject of objections
pursuant to Section 163.3184(7}(b), Florida Statutes, 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
Govemment Comprehensive Plans and Determination of Compliance
THIS RESOLUTION ADOPTED after motion; second and majority vote this 10th
day of Seotember 2002.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
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BY.~
'JAME . COLETTA, CH RMAN
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Approved as to Form
and Legal Sufficiency
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Marjorie . Student,
Assistant County Attomey
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