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Resolution 2006-318 RESOLUTION NO. 06- 318 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA OPPOSING THE DE-DESIGNATION OF THE BIG CYPRESS AREA OF CRITICAL STATE CONCERN AND FURTHERMORE RECOMMENDING IMMEDIATE TRANSMITTAL OF THIS RESOLUTION TO THE OFFICE OF THE GOVERNOR, THE FLORIDA ADMINISTRATION COMMISSION AND THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS. WHEREAS, "The Big Cypress Conservation Act of 1973" created the Big Cypress Area of Critical State Concern (ACSC) as codified in Section 380.055, Florida Statutes; and; WHEREAS, it was the intent of the Legislature to conserve and protect the natural resources and scenic beauty of the Big Cypress Area of Florida; and; WHEREAS, it was the finding of the Legislature that the Big Cypress Area is an area containing and having significant impact upon environmental and natural resources of regional and statewide importance and that designation of the area as an ACSC was desirable and necessary to accomplish the purposes of "The Florida Environmental Land and Water Management Act of 1972".; and; WHEREAS, the entire Big Cypress Swamp Area is a Water Caution Area, under which additional standards are set by the South Florida Water Management District; and; WHEREAS, the Florida Legislature did not incorporate a "Removal of Designation" provision Section 380.055, Florida Statues upon adoption or in subsequent amendments in 1975, 1978, 1979, 1981, 1985, 1986, 1987 or 1994.; and; WHEREAS, the Florida Department of Community Affairs (DCA), the State Land Planning Agency, submitted a written report entitled "Implementation Statue Report - Big Cypress Swamp Area" to the Administration Commission describing in detail the progress made by Collier County to conserve and protect the natural resources and scenic beauty of the Big Cypress ACSC; and; WHEREAS, all development orders issued for projects within the Big Cypress ACSC are transmitted by Collier County to DCA for review, with the potential for appeal to the Administration Commission pursuant to the Florida Administrative Code; 2006 Resolution Supporting De-Designation of Big Cypress Area of Critical State Concern and; WHEREAS, Collier County has adopted a Comprehensive Plan (also referred to herein as the Collier County Growth Management Plan) and land development regulations to afford greater protection to lands within the ACSC; and; WHEREAS, Collier County's adopted ACSC Overlay in the Future Land Use Element of the Comprehensive Plan and an ACSC Zoning Overlay in the land development regulations both contain the regulatory component of the State's ACSC provision; and; WHEREAS, all Collier County Growth Management Plan and Land Development Code amendments necessary to implement the entirety of the Big Cypress ACSC have not yet been accomplished by Collier County; and; WHEREAS, Collier County will not have completed countywide watershed management plans until 2010 with said watershed management plans inextricably intertwined with ensuring the ongoing viability of the Big Cypress Swamp ACSC as a protected Water Caution Area; and; WHEREAS, further study and analysis of endangered species and associated habitat located in and adjacent to the ACSC is warranted prior to consideration of de-designation of the ACSC. and; WHEREAS, during the last fourteen years there have been no appeals or violations in the Big Cypress Area ACSC. and; WHEREAS, the Collier County Board of County Commissioners and affected stakeholders had no advance notice of the potential de-designation of the Big Cypress ACSC as Chapter 380.055, Florida Statues, contains no provisions relating to the removal of said designation; and; WHEREAS, the Collier County Growth Management Plan (GMP) and Land Development Code (LDC) have been amended incorporating the substantive aspects of Section 380.055 and implementing Florida Administrative Code provisions; and; 2006 Resolution Supporting De-Designation of Big Cypress Area of Critical State Concern 2 WHEREAS, amendments to the GMP and LDC shall be required to eliminate all references to the Big Cypress ACSC; and; WHEREAS, minor amendments to the GMP and LDC shall be required to ensure that all internal inconsistencies have been removed and to ensure that no statutory or Administrative Code provisions were inadvertently not incorporated into the GMP and LDC. NOW, THEREFORE, BE IT RESOLVED by THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: 1 . The Board of County Commissioners hereby opposes the de-designation of the Big Cypress Area of Critical State Concern. 2. This Resolution shall be transmitted to the Office of the Governor, Florida Administration Commission and the Florida Department of Community Affairs for consideration of Collier County's opposition to de-designate the Big Cypress Area of Critical State Concern. THIS RESOLUTION ADOPTED after motion; second and majority vote this \ ~ day of ~ ~~C-.,...,....,~~~ , 2006. ,. ATTEST: "..tJ~P'" DWIGHT ~~OCK,.Ot8t:~ ; ;,i.f' ;' :,:. . ,:\ '\'.. . ",' , '~d, ,,:;1~.ai'-' " "':. ~",:":,,,,'!t>,.i;,",'''; .'~ ~." :' ."l/7~ -. ........ 'L '-\.~,' ~/_.:~ '" ... i.. '- ~ " r , j '':, to. Ch4l'ri&i?'" ~lsWf~tri~nd 'legal sufficiency: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA =;-~~ ~~--,..,".;:...._...~ ~ FRANK HALAS, CHAIRMAN BY: ( Marjorie ,/. . Student-Stirling Assistant County Attorney {/1L<~ 2006 Resolution Supporting De-Designation of Big Cypress Area of Critical State Concern 3