Ordinance 2007-80
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":,_ ~ f& F) ORDINANCE NO. 07-~
'~';" ~ ,-,"'0,/ AN ORDINANCE AMENDING ORDINANCE NO. 89-05, AS
\~t>. ~ . ~'by AMENDED, THE COLLIER COUNTY GROWTH MANAGEMENT
-''--~ PLAN FOR THE UNINCORPORATED AREA OF COLLIER
COUNTY, FLORIDA BY PROVIDING FOR AMENDMENT TO
THE TRANSPORTATION ELEMENT, PROVIDING FOR
SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE.
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WHEREAS, Collier County, pursuant to Section 163.3161, et. sea., 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, Transportation Planning Staff has initiated an amendment to the
Transportation Element, to add new Policies 3.5 and 3.6, introducing Thoroughfare Corridor
Protection Plans (TCPPs), Transportation Corridor Preservation Maps (TCPMs), and associated
tables, to provide for the protection and acquisition of existing and future transportation
corridors; and
WHEREAS, Collier County did submit this Growth Management Plan amendment to the
Department of Community Affairs for preliminary review on August 6, 2007; and
WHEREAS, the Department of Community Affairs did review the amendment to the
Transportation Element, to the Growth Management Plan and transmitted its findings in writing
to Collier County within the time provided by law; and
WHEREAS, Collier County has 60 days from receipt of the Objections,
Recommendations, and Comments Report from the Department of Community Affairs to adopt,
adopt with changes or not adopt the proposed amendment to the Growth Management Plan;
and
WHEREAS, the Board of County Commissioners of Collier County did take action in the
manner prescribed by law and did hold public hearings concerning the adoption of the
Transportation Element, to the Growth Management Plan on December 4, 2007; and
WHEREAS, Collier County has gathered and considered additional information, data
and analysis supporting adoption of this amendment, including the following: the Collier County
Staff Report; the documents entitled Collier County Growth Management Plan Amendment, and
other documents, testimony and information presented and made a part of the record at the
meetings of the Collier County Planning Commission held on November 26, 2007, and the
Collier County Board of County Commissioners held on December 4, 2007; and
WHEREAS, all applicable substantive and procedural requirements of law have been
met.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
Words underlined are added; words e:tr~sk thrG~!lR are deletions
SECTION ONE:
ADOPTION OF AMENDMENT TO THE GROWTH MANAGEMENT PLAN
The Board of County Commissioners hereby adopts this amendment to the
Transportation Element, in accordance with Section 163.3184, Florida Statutes. The text and
maps of the amendment are attached hereto as Exhibit "A" and are incorporated by reference
herein.
SECTION TWO:
SEVERABI L1TY.
If any phrase or portion of this Ordinance is held invalid or unconstitutional by any court
of competent jurisdiction, such portion shall be deemed a separate, distinct and independent
provision and such holding shall not affect the validity of the remaining portion.
SECTION THREE: EFFECTIVE DATE.
The effective date of this amendment shall be the date a final order is issued by the
Department of Community Affairs or Administration Commission finding the amendment in
compliance in accordance with Section 163.3184, Florida Statutes, whichever occurs earlier.
No development orders, development permits, or land uses dependent on this amendment may
be issued or commence before it has become effective. If a final order of noncompliance is
issued by the Administration Commission, this amendment may nevertheless be made effective
by adoption of a Resolution affirming its effective status, a copy of which Resolution shall be
sent to the Department of Community Affairs, Bureau of Local Planning, 2555 Shumard Oaks
Blvd., 3'd Floor, Tallahassee, Florida 32399-2100.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida this '-I fI, day of j}~"'l ~\ 2007.
ATTEST:
DWIGHT E. BROCK, Clerk
C.t.
BOARD OF COUNTY COMMISSIONERS
::LUE7~~
JAMES COLETTA
Chairman
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Approved as to form and legal suffiency:
IY1~Ji 011. ~-~,~
Marjorie . Student-Stirling ~ n_'"6
Assistant County Attorney
Petition CPSP-2005-15 Transportation Element
This ordinance filed with the
Secretary of State's Office the
J3'!' day of D-....w., ~.-
and acknowledgement of that
fi I ing received this ZfSf- day
of 0.,,,""'.... '1n7 ~
Byt'~
n"flUty Cle
Words underlined are added; words e:tr~sk tRre~€lh are deletions
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Exhibit A
CPSP-2005-15
TRANSPORTATION ELEMENT
OBJECTIVE 3:
The County shall provide for the protection and acquisition of existing and future
rights-of-way based upon improvement projects identified within the Five Year Work Program
and/or the Collier County Metropolitan Planning Organization's (MPO's) adopted Long-Range
Transportation Plan.
[t:lote: No revisions to Policies 3.1 through 3.4 are proposed.]
Policy 3.5
[new text, page 14]
A. Within one vear of the effective date of this amendment. the County shall oreoare and
adoot a Thorouahfare Corridor Protection Plan iTCPPl ordinance and land develooment
reaulations that:
L identifv. in detail. corridors necessarv to develoo the Countv roadwav network shown
on the County's Lona Ranae Transoortation Plan: and
2. adoot Corridor Preservation Maos. Corridor Preservation Tables. Critical Intersection
Maos and Critical Intersection Tables: and
3. limit the uses of land within the reauired corridor. aoorooriatelv olan for the location
of land uses. and direct incomoatible land uses away from environmentallv sensitive
resources: and
4. orovide for an annual uodate of all necessarv maos and tables: and
5. orovide for an aooroval orocess bv the Board of County Commissioners for new or
exoanded corridors and intersections: and
6. orovide a orocess for advanced reservation. donation. dedication or anv other means
of convevance bv an affected orooertv owner to the County for land included within
orotected areas.
B. For the ourooses of this Policv. orotected thorouahfares shall include:
L the reauired corridors on either side of the center line of an existina or olanned
roadwav: or
2. reauired corridors for roadway or alternative transoortation networks for which no
centerline has been established; or
3. corridors for future roadwavs or alternative transoortation networks which have been
identified throuah corridor studies: or
4. orotected areas at critical intersections includina but not limited to orooosed arade
seoarated intersections.
All of the above must be consistent with the currentlv adooted Lona Ranae Transoortation Plan
and Chaoter 336.02. Florida Statutes.
Policy 3.6
In the event of a riaht-of-wav acauisition or reservation for anv ouroose included in the
exoansion of existina transoortation facilities bY anv federal. state. or local transoortation
deoartment. authoritv. or aaencv. the reauirements for bufferina. native veaetation retention.
oreserve. setback and ooen soace and/or anv other reauirements set forth in the Growth
Manaaement Plan or Land Develooment Code that would be affected bv such riaht-of-wav
Words underlined are added: words str~Gi{ tRre~!ilR are deleted.
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Exhibit A
CPSP-2005-15
acauisition or reservation may be reduced. modified or eliminated as a result of the acauisition
or reservation activities in accordance with standards established for the orotection of natural
resources. To ensure the orotection of natural resources and directina of incomoatible land
uses awav from environmentallv sensitive resources. such reductions. modifications or
eliminations shall be auided bv these standards as well as the oriorities set forth in the
Conservation and Coastal Manaaement Element and the Caoitallmorovement Element for
riaht-of-wav acauisition. Wherever a reduction of standards occurs. it shall be mitiaated throuah
the aoorooriate mechanisms. Such mitiaation shall occur on site when feasible. on abuttina
land. or throuah other means.
This Policv is not aoolicable to the exoansion of transoortation facilities in environmentally
sensitive areas. as described in the Rural Land Stewardshio Area iRLSAl or the Rural Frinae
Mixed Use District (RFMUDl. and standards for environmental orotection shall be maintained
durina the acauisition of riaht-of-wav.
Words underlined are added: words str~GI( tRre~!ilR are deleted.
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STATE OF FLORIDA)
COUNTY OF COLLIER)
I, DWIGHT E. BROCK, Clerk of Courts in and for the
Twentieth Judicial Circuit, Collier County, Florida, do
hereby certify that the foregoing is a true and correct
copy of:
ORDINANCE 2007-80
which was adopted by the Board of County Commissioners
on the 4th day of December, 2007, during Special Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 11th
day of December, 2007.
DWIGHT E. BROCK
Clerk of Courts and Clerk
Ex-officio to Board of
County Commissioners
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By: Martha verga~ ,
Deputy Clerk