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Resolution 2021-185 RESOLUTION NO. 2021- 1 8 5 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROPOSING AMENDMENTS TO THE COLLIER COUNTY GROWTH MANAGEMENT PLAN, o ORDINANCE 89-05, AS AMENDED, TO CREATE THE PRIVATE ce PROPERTY RIGHTS ELEMENT AS REQUIRED BY STATE LAW; 2 AND FURTHERMORE DIRECTING TRANSMITTAL OF THE u ° AMENDMENTS TO THE FLORIDA DEPARTMENT OF a z ECONOMIC OPPORTUNITY. [PL20210001793] Cl_ I— N 2re co d C7 � OQ a N o WHEREAS, Collier County, pursuant to Section 163.3161, et. seq., Florida Statutes, the D o Florida Local Government Comprehensive Planning and Land Development Regulation Act of coNUW N } 1985, was required to prepare and adopt a comprehensive plan; and Ocv0I N uj Z r rn o WHEREAS, the Collier County Board of County Commissioners adopted the Collier w u O o �2 0 County Growth Management Plan on January 10, 1989; and Y W N 0wO0 z ce c) o ce WHEREAS, the Community Planning Act of 2011 provides authority for local governments to amend their respective comprehensive plans and outlines certain procedures to amend adopted comprehensive plans; and WHEREAS, Collier County staff has prepared amendments to create the Private Property Rights Element of the Growth Management Plan as required by Section 163.3177(6)(i), Florida Statutes; and WHEREAS, on August 19, 2021, the Collier County Planning Commission considered the proposed amendment to the Growth Management Plan pursuant to the authority granted to it by Section 163.3174, F.S., and has recommended approval of said amendment to the Board of County Commissioners; and WHEREAS, on September 14, 2021, the Board of County Commissioners at a public hearing approved the transmittal of the proposed amendment to the state land planning agency in accordance with Section 163.3184, F.S.; and WHEREAS, upon receipt of Collier County's proposed Growth Management Plan Amendment, various State agencies and the Department of Economic Opportunity (DEO) have thirty (30) days to review the proposed amendments and DEO must transmit, in writing, to Collier County its comments within said thirty (30) days pursuant to Section 163.3184, F.S.; and WHEREAS, Collier County, upon receipt of the written comments from DEO must adopt, adopt with changes or not adopt the proposed Growth Management Plan Amendment within one hundred and eighty (180) days of such receipt pursuant to Section 163.3184, F.S.; and [21-CMP-01110/1651557/1]10 Property Rights GMPA Words underlined are additions;Words struck through are deletions. PL20210001793 *** *** *** *** are a break in text 7/20/21 WHEREAS, the DEO, within five (5) days of receipt of Collier County's adopted Growth Management Plan Amendment, must notify the County of any deficiencies of the Plan Amendment pursuant to Section 163.3184(3), F.S. 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 Amendment, attached hereto as Exhibit "A" and incorporated by reference herein, for the purpose of transmittal to the Department of Economic Opportunity and other reviewing agencies thereby initiating the required State evaluation of the Growth Management Plan Amendment prior to final adoption. TH RESOLUTION ADOPTED after motion, second and majority vote this / day of `?P k , 2021. ATTEST: BOARD F TY CO SI ERS CRYSTAL K. KINZEL, CLERK COLLIE TY, FLO BY: 0111) _'D A st as to Chairman 6Pu y lets Penny Taylor, Chairman SI Igras to form legality: eidi As ton-Cicko Managing Assistant County Attorney Attachment: Exhibit"A"—Text amendments [21-CMP-01110/1651557/1110 Property Rights GMPA Words underlined are additions; Wordsstruckgh are deletions. PL20210001793 *** *** *** *** are a break in text 7/20/21 Staff Proposed Amendment PL20210001793 EXHIBIT A PRIVATE PROPERTY RIGHTS ELEMENT GOAL, OBJECTIVES AND POLICIES GOAL: TO ENSURE PRIVATE PROPERTY RIGHTS ARE CONSIDERED IN LOCAL DECISION MAKING. OBJECTIVE 1: Collier County will respect judicially acknowledged and constitutionally protected private property rights by considering private property rights in local decision making. Policy 1.1: Collier County will support the right of a property owner to physically possess and control his or her interests in the property, including easements, leases, or mineral rights. Policy 1.2: Collier County will support the right of a property owner to use, maintain, develop, and improve his or her property for personal use or for the use of any other person, subject to state law and local ordinances. Policy 1.3: Collier County will support the right of the property owner to privacy and to exclude others from the property to protect the owner's possessions and property. Policy 1.4: Collier County will support the right of a property owner to dispose of his or her property through sale or gift. Text underlined is added; text struck through is deleted 07/20/2021 CCPC Transmittal Hearing Page 1 of 1