Resolution 1999-118
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RESOLUTION NO. 99--11B...
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA REQUESTING TIIAT TilE ARMY CORPS
OF ENGINEERS USE THE DUL Y ADOPTED COI\JPREIlENSIVE PLANS AS
THE LAND USE ALTERNATIVE FOR TilE ENVIRONMENTAL IMPACT
STUDY FOR SOUTIIWEST FLORIDA; OHJECTING TO TIlE USE OF ANY
LAND USE ALTERNATIVE IN TilE ENVIRONl\lENTAL IMPACT STUDY
TIIA T DOES NOT STRICTLY COMPLY WITH TilE EXISTING
CO.\IPREHENSIVE PLANS; ,\ND PROVIDING fOR AN EFFECTIVE DATE.
WHEREAS. thc Unitcd Statcs Army Corps of Enginccrs ("Corps") has undcrtakcn an
Environmcntallmpact Study for Southwcst Florida to study thc impacts of thc Clcan Watcr Act
Section 404 pcrmitting program on thc area; and
WI IEREAS, thc Slatc of florida. through the Department of Community AlTairs, and Lee
and Collier Counties havc requested Ihat the Corps use thc Comprehensive Plans Developed for
cach County in its environrnentallrnpacts I\n.llysis, and
WI [ERE/'S, thc local Comprehensivc Plans were devcloped. adopted and approved
pursuant to thc requirements of Ihe "Local Government Comprehensive Planning and Land
Development Regulation Act" adopted by Ihe Florida Legi~lature, and
WIIEREAS. the citizens, businesses, and governments of Lee and Collicr Counties
expended tens of thousands of hours and millions of dollars in developing the information
needed to support thc decisions encapsulalcd in the Comprehcnsivc Plans and the r-ulUrc Land
Use Maps for both Coulllics; and
WIIEREAS, thc Corps has appointed an Alternatives Developmcnt Group which
dcvclopcd a number of difrerel1l land usc alternatives for thc Corps' usc in devcloping the
Environmental Impact Statemcnt for Southwest Florida. most of which conflict with the land
uses dcsigncd by lhc duly adoptcd Comprehensivc Plans; and
WIIEREAS, the land usc altcrnatives proposcd by thc Altcrnatives Dcvelopmcnt Group are
significantly marc rcstrictivc than thc adopted Comprehensivc Plans; and
WIIEREAS, the documents in the public domain and the public comments made by the Corps
stalT and the participants in the Alternatives Development Group indicate that lhc Environmental
Impact Stalement for Southwest Florida may hc uscd to replace the local land IIse regulations
approvcd by the Slate of Florida and thc Lee and Collier Countics governmcnts; and
WIIEREAS. thc Corps has stated that the Environmental I mpact Study for Southwcst
Florida will servc as a tcmplalc for evaluating and regulating other projccls in the Stale of
Florida.
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:"OW, THEREFORE. BE IT RESOI.VED BY TIlE BOARD Or- COUNTY
CO~II\IISSrOSERS OF COLLIER COUNTY. FI.ORIIM, that
I. The Board rcqucsts that lhc United Statcs Army Corps of Engincers. Jacksonvillc
District, usc thc duly adopt cd Comprehcnsi\c Plans of Lee and Collicr Countics as
the land use altcrnatives in complcting the EnvironmcntaI Impact Statcmcnt for
Southwcst Florida or limit thc use of thc Environmental Impact Statcment so that it
will not, eithcr facially or 3$ applied. act as I.tnd usc or lOning regul.llions.
2 Thc Board strongly objects to thc Corps' usc of any land use alternative in the
Environmcntallmpact Statemcnt for Southwest Florida thaI will result in land use or
developmcnt controls thai arc not in strict compliancc with thc local Comprehcnsivc
Plans developed and ad(lptcd in compliancc with the laws (lftllc Slate ofFlnrida.
3. Thi. Resolution shall be elTective upon adoption
This Rcsclution adopted this iJ:f day of --=::s:7'~
. ) C)1)9 artcr motion. second
and majority votc favoring same.
ATTEST:
DWIGIIT E. BROCK, Clcrk
BOARD OF COlJ:"TY COl\ll\lISSIONERS
COl.l.IER COUNTY, FI.ORIIM
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Attest as to Chalr&iA'S
s19nature on1)'.
Approvcd as to form and
Icgal sumciency
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PA.\IELA S. I\IAC'KIE. CHAIRWOMAN
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David C. Wcigcl (;.J
County Attorney
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