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Resolution 1997-431 RESOLUTION 97-~ A RESOLUTION ESTABLISHING GENERAL REQUIREMENTS AND PROCEDURES FOR AMENDING THE COLLIER COUNTY GROWTH MANAGEMENT PLAN. WHEREAS, Chapter 163, Florida Slatute", requires local gove",I"ents to prepane and adopt a Comprehensive Plan; and WHEREAS, the Board of County Commissioners adopted the Co lier County Growth Management Plan on January 10, 1969; and WHEREAS, lhe Local Government Comprehensive Planning ai::l Land Development Ragulation Act of 1965 (Section 1633161, et seq., Florida Statutes (1995)) mandates certain procedures to amend adopted Growth Manaljement Plans (Section 163.3164 and Section 163.3167, Florida Statutes): and Rule 8,'.11; and WHEREAS, the Board of County Commissioners has established a policy to utilize an annual cycle for Growth Managemant Plan Amendmants (Collier County Resolution 91-521, adopted August 13,1991); and WHEREAS, the Department of Community Affairs has infonmed Collier County that the addition of future fiscal years projects to U" Cap,tallmprovemenls Element of the Growth Management Plan must be accompli~;h\1d through the Plan amendment process as defined by Sections 163.3164 and 163.3167, Florida Statutes; and WHEREAS. certain capital improvement projects from the Growth Management Plan are Included in tha County's T enlative Annual Budget on a yearly b ,sis, and WHEREAS, for purposes of convenience and expediency it is !lecessary to amend the Capita! Improvements Element and the schedule of projects "1 the Element in conjunction with the adoption of the County's Tentative Annual Bud\let for each new 'iscal year: and WHEREAS, in order to provide adaquate notice, it is necessary to sat forth the requirements and procedures to be followed by petitioners, the general public and Collier County in processing amendments to the Collier County Growttl Management Plan consistant with the requirements of the Florida Statutes. NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLOR:DA, that The following requinements and procedures shall be followed befone an amendment to the Collier County Growth Management Plan shall occur Resolutior. Amending Growth Management Plan Procedures 8 A 1 8 ,\ 1 A. Tre general requirements to initiate an amendment to the Collier County Growth Management Plan or one of its elements are as follows: An amendment may be proposed by lhe Board of County Commissioners (BCC), lhe Col.ior County Planning COl1mission (CCPC) designaled as the Loe.,1 Planning Agency pu,";uant 10 Section 163.3174, Florida Stat\ll", any department .', .gency of the County, or any person other than those listed above JJ'I.JVided, however, that no such person :;hall propose an amer,ament for a land use designation change for property which he or 3he does not own, except as an agent or attorney for the owner 2 The procedures provided herein shall apply to all Gro-..~h Management Plan amendments. Amendments bey"'~ the yearly plan amefldmenl cycle may be ~~tablished by the BVlrd of County CommissIoners and shall comply with the procedures ('stablished herein, In addition, the use of a second yearly plan hTendment as prescnbed in Subsection 163.3167(1), Florida SIatulr, ,<hall follow this procedure except for filing d.ates and public hea r1g dates for final adoption. Growth Management Plan amendment.~ directly related to proposed small scale clevclopment activitic~ or Developments of Regional Impact (ORis) may b& approved without regard to statutory limits on the fmquency of procedur.)s for the consitJeration of amendments to the Growth Managnment Plan provided all of the conditions are met as set forth in Subsection 1633187 (1)(c), Florida Statutes, (1995). 3 All Growth Management Plan ary,;endments will be rf.....i~wed in one cycle starting on Ihe fourth Friday in April, annually. Proposed amendments submitted after t~lClt date will not be considered until the following review cycle. The Amendment Process including staff review, State and Regional raVlaN and local public hearings WIll take approximately 10 months to ccrnolete 4 AU required copies at the application to amend the CQllier County Growth Management Plan and supporting documem3tion along with the required filing fee for each requested change andlor amendment must be submitted to the Community Development and Environmental Services Division prior to 5:00 p.m. of t~e fourth Friday in Marc~ For each application to amend the Collier County Growth Manag?:ment Plan or Future Land Use Map, a minimum filing fee of $3. noo for each requested change plus 3 fee of $30 per acre for each affected acre in the application must be submitted. For Small Scale Development Activities, a filing fee of $1 ,500 shall be submitted. The tenm -staff' shall refer to the staff of th,. Community Development and Environmental Services Division cnj any other pertinent County staff from other Divisions. B The procedure to amend the Collier County Growth Management Plan or one of its elements is as follows: 1. A pre-application conference shall occur betweon the petitioner, the Community Development and Environmental S~rviC'es Division and other appropriate County staff to ensure that the pmcgdure set out herein is understood and adhered to. 2. Staff shall perfonm an initial nevil!'N of the proposed amendment applic.ation to determine whether additional infonTl8lion is necessary to enable staff to conduct a fomlal review and whether other amendments of the Gro'Nth Management Plan will be necessary to preserve the internal consistency of the Plan. Within 30 calendar days following the filing deadline, the staff shall notify the petitioner in writing, that: (a) the staff has determined that the petrtion is adequate for formal review: or Resolution Amending Growth Management Plan Pro,-::e,lures \ ! , ( } i . f: , I I j , I , t , I . i , ( , ! 1 "l"1 -..-- -_..._--.c~_w_._. 8 t, (b) the petition IS Inadoquate for formal review and the notIce shall set forth in detail the additi",'al information deemed necessary for formal review of the pelit'on 3 If the application is deemed im,llfftClent, the petltionH ~hall have 30 calendar days from the date of r~ceipt of staffs letto, . f insuffICIency fo supplement the application In ,'esponse to the initi;,; roview A second 30 day time period, to e~pond 10 insurficienl;Y. may be requested by the petitioner 4 Cour.ty staff shall review the apolicatlon and may CO(\5111t wIth olher County Departments or agenc9s as it deems neces~ l' 110 evaluato the proposed amendment and shall pmpare a report w!lh a preliminary recommendation. 'l The Coltier County Planning Commission (CCPC), d~ 5'gnated as the Local Planning Agency, shall hold an aC-tertised putldc hearing WIth due public notice as defined by Section 163.3174. FiC'lida Statutes, during which staff wilt present fhlJir review and make a preliminary recommendation to the CCPC. All interested pa!1ies may appear and be heard. Written comments of the general public filed with the Community Development and tnvironmental Servicr~3 Division Will be considered at the public hearing Following the CCf'C pUblic heanng, the proposed amendment shall be forwardod to the BCC with the recommendation of the;CPC 6 After the ccpe public hearing Oil such amendment~.i have been held, the BCC shall hold an advertised public hearing on the proposed amendment during which the staff review and prelirrlnary recommendation and any recom,nendation made by the cepc shall be presented, The public hearlnq shalt be held on 6. weekday approximately 7 days after the first advertisement is published. The intention of the BCC to hold arid advertise a second t::tlbtic hearing to consider the adoption of the prorosed amendment ~ hnll be announced. All interested parties may appear and to heard. Written comments filed with the Community Development and Environmental Services Division will be considered at the public heari.,g. Following the BCC public hearing, the BCC will transmit the appropriate number of copi.~s of the propor.ed amendment to thE' Oepartment of Community Aff<:lIrs within ten (10\ working days. 7 Upon receipt of the proposed Growth Management Plan amendment, the Department of Community Affairs, the Regional PI"nning Council and other government agencies will review the amer,dllent pursuant to Section 163.3164, Florida Statutes. The DeparlrT'el1t of Community Affairs shalt transmit in writing its comments to the local government along with any objections and any recornmendations for modifications. 8. Within 60 days of receipt of the review comments frem the Department of Community Affairs, the CCPC shall t old a public hearing to make recommendations to the BCe rega,-d'ng the adoption of the amendment The BCC shall hold its s..cond public hearing regarding the proposed amendments during ",'hich the final staff review and recommendation, cepe recommendcltion, State and Regional review comments and public comment will be presented The public hearing shall be held on a weekday appmx,mately 5 days after the advertisement is published. The BCC shall then adopt. adopt with modifications or deny the proposed amendments. Adoption of an amendment to the Growth Management Plan must be by Ordinance and shall require four affirmative votes of the Board of County Commissioners. 10, The adopted amendments to the Growth Management Plan will be transmitted to the Department of Community Affairs within ten (10) _......_.._--~,.__....._--_.~,._~.-._-_."".-.__.~,.,....'" - Resolution Amending Growth Management Plan Proo<:dures 1 f I , / l. ! i ! ~ I t 1 f " I <l' 1 ~' ,. ~ 8 A 1 wori<ing days after adoption. Adopted plan amendments, except for Small Scale Amendments, shall not become effective until the Department of Community Affairs issues a final ordar detenmining the adopted amendment to be "in wmpliance", or until the Administration Commission issues a final orde r determining the adopt~d amendment to be in compliance in accordance with ~L bsectio" 163.3164(10), Florida Statutes. The Department's nn' l:a of Intant to find an amendment in compliancli shall become an i~ t . ted final order determining the adopted amendnlent to be in complil lice jf no petition challenging the amend.l1ent is filed with the Df!partment within 21 days of the date of p'Jhlication of the notice flf intent Small Scale Amendments shat! not become effective urltil31 days after adoption, If challenged wilhin 30 days after adr ",on. thiS Small Scale Amendment shall nol become effective until tile State Land Planning Agency or the Adminlstration Commission, '€'spcctively, issues a final order determining the adopted Small ~ccl'e Developmel1t Amendment ;s in compliance. C This Rt".!solutlon supersedes and repeals H'3soJution 91-521 refat;ng to prior G~owth Management Plan Amendment procedures. D. This Resolution shall take effect April 1, 1996. THIS RESOLUTION ADOPTED after motion, second and maJ',rity vote thiS ~ day of 7!c-1X~G ,1997. ATTEST: DWIGHT E. BROCK, Cieri< BOAfID OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA . // ..,-'J : /' ,_// ." '.' 1,/ '. . // ;;1JJ,/,' klf./~ ,- l1MOTHY y. HANCOCK, Chairman o/~~.:XI/~~(!'~ BY ....-'..0.... . . " Approved as to fonm and legal sufficiency: /71. . );'" ..", J I ' llf.' ,/,-/, '- . i I -.- MARJORIE M. STUDENT, Assistant County Attorney Resolution Amending Growth Management Plan Procedures 97 7/10197 Rem!(liir.n Am~mdinn Growth M~M/Jemp.n' PI:'ln P':)ccdtJres , , i , ! I l I I , , \ 1 I I ! , I i ! ! , ! I ! l I , , [ , I t i .. t ~ ~ 1 I f I ~ I , I f r ,