Loading...
Resolution 1989-199 .:/ RESOLUTION 89--199 AUGUST 8. 1989 ^ RESOLUTION ESTABLISHING GENERAL REQUIREMENTS AND PROCEDlJRES FOR AMENDING TIlE COLLIER COllNTY GROWTH MANAGEMENT PLAN WHEREAS, Chapter 163, Florida Statutes, requires local governments to prepare and adopt a Comprehensive PlanJ and WHEREAS, the Board of County Commissioners adopted the Collier County Growth Management Plan on January 10, 1989; and WHEREAS, the local Government Comprehensive P1anninq and Land Development Regulation Act of 1985 mandates certain procedures to amend adopted Growth Management Plana (Section 163.3184 and Section 163.3187, Florida Statutes); and WHEREAS, the Local Government Comprehensive Planning and Land Development Regulation Act provides for public participation in the comprehensive planning procea. to the fullest extent possible; and WHEREAS, local planning agencies and local governmental units are directed to adopt procedures deaiqned to provide effective public participation in the comprehensive p1anninq process and to provide real property owners with notice of all ofticlal actions which will regulate the Use of their property; and WHEREAS, it is necessary to set forth the general requirements and procedures to be followed by petitioners, the general public and Collier County in processinq amendments to the Collier County Growth Management Plan consistent with the requirements of the Florida Statutes. NOW, THEREFORE, BE IT RESOLVED BY TIlE BOARD OF COllNTY COMMISSIONERS OF COLLIER COllNTY, FLORIDA, that the following requirements and procedures shall be followed before an amendment to the Collier County Growth Manaqement Plan shall occur: A. The general requirements to initiate an amendment to the Collier County Growth Management Plan or one of its elements are as follows: 1. An amendment may be proposed by the Board of County Commissioners (BCC), the Collier J9~/i'-/l./ . ()(J () 23 AUGUST 8. 1989 County Planning Commission (CCPC) designated as the Local Planning Agency pursuant to Chapter 163.3174, Florida Statutes, any department or agency of the County, or any person other than those listed above provided, however, that no such person shall propose an amendment for a land use designation change for property which he or she does not own (except as an agent or attorney for the owner). 2. The procedures provided herein shall apply to all growth management plan amendments. Amend- ments proposed in conjunction with a Florida Quality Development, a DRI or in cases of emergency, as defi~ed in Section 163.3l87(1)(a), Florida Statutes, shall follow the procedure except for the filing dates and public heuinq dates for final adoption. 3. All Growth Management plan amendments will be revie..'ed in one cycle starting on the fourth Friday in January, annually. Proposed amend- ments submitted after that date will not be considered until the following review cycle. The amendment process including staff review, state and regional review and local public hearings will take approximately 12 months to complete. 4. All required copies of the application to amend the Collier County Growth Management Plan and supporting documentation along with a filing fee of $2,100 for each requested change and/or amend- ment must be submitted to the Community Develop- ment Division prior to 5: OOp.m. of the fourth Friday in January. For each application to amend the Collier County Growth Management Plan Future Land Use Map, a minimum filing fee of $2,100 for each requested change plus a fee of $30 per acre for each affected acre in the application must be submitted to the community Development Division prior to 5:00p.m. on the fourth Friday in January. (Application fees for changes in the Growth Management Plan Future Land Use Map filed simultaneously with an Application for Development Approval (ADA) which is part of the Development of Regional Impact (DRI) process shall be waived). The Corranunity Development Division will be the responsible agency for processing the application and preparing a recorranendation. The term "staff" shall refer to the staff of the Community Development Division. 5. Growth Management Plan amendments directly related to proposed small scale development activities may be approved without regard to statutory limits on the frequency of consideration of amendments to the Growth Management Plan provided all of the conditions are met as set forth in Section 163.3187 (1) (c), Florida Statutes (1987). B. The procedure to amend the Management Plan or one follows: Collier County Growth of its elements is 1. A pre-application conference shall occur between the peti tioner , the Communi ty Development Division and other appropriate County staff to ensure that the procedure set out herein is understood and adhered to. 2. Staff shall perform an initial review of the proposed amendment application to determine - 2 - y~/g"I1'd., as AUGUST 8, 1989 whether additional information is necessary to enable staff to conduct a fomal review and whether other amendments of the Growth 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 petition is adequate for formal review; or (bJ the petition i. inadequate for formal review and the notice shall set forth in detail the additional information deemed necessary for formal review of the petition. 3. The petitioner shall have 30 calendar days to supplement the application in response to the initial review. 4. County staff shall review the application and may consult with other County departments or agencies as it deems necessary to evaluate the proposed amendment. Within 75 calendar days, staff shall prepare a report with a preliminary recommendation and shall advertise the petition for a publiC hearing to be scheduled for the first CCPC meeting following said 75 day period. 5. The CCPC shall hold an advertised public hearing with due public notice as defined by Chapter 163, Florida Statutes, during which staff will present their review and make a preliminary recommendation to the CCPC. ~11 interested parties may appear and be heard. written corranents of the general public filed with the community Development Division will be considered at the public hearing. Following the CCPC public hearing, the proposed amendment shall be forwarded to the Bce with the recommendation of the CCPC. 6. On or before August 1, annually, but after the cepe public hearing on such amendments have been held, the BCC shall hold an advertised public hearinq on the proposed amendment during which the staff review and preliminary recommendation, and any recommenda tion made by the cepe shall be presented. The public hearing shall be held on a weekday approximately 7 days after the first advertisement is published. The intention of the BCC to hold and advertise a second public hearing to consider the adoption of the proposed amendment shall be announced. All interested parties may appear and be heard. Written comments filed with the Community Development Division will be considered at the public hearing. Following the BCC public hearing, the Bee will transmit the appropriate number of copies of the proposed amendment, to the state land planning agency, the Department of Community Affairs (DCAI. 7. Upon receipt of the proposed Growth Management Plan amendment the state land planning agency, the reqional planninq council and other qovernment agencies will review said amendment pursuant to Section - 3 - .9~(cr-t9.3 AUGUST 8, 1989 163.3184, Florida statutes. The state land planninQ aQency shall transmit in writing its comments to tho local government alonq with any objections and any recommendations for modifications. 8. Within 60 days of receipt of the review corrments from the state land planning agency, but no later than the second Tuesday in January, annually, the Bce shall adopt the ~~endment, adopt the amendment with changes, or determine that it will not adopt the amendment. 9. On or before the second TUesday in January, annually, the BCC shall hold its second public hearing reQarding the proposed amendment during which the final staff review and recommendation, the CCPC recommendation, state and regional review comments and public comment will be presented. The publiC hearing shall be held on a weekday approximately 5 days after the advertisement is pUblished. The BCC shall then adopt, adopt with modifications or deny the propcsed amendment. 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 amendment to the Growth Management plan will be transmitted to the Department of Community Affairs within five (5) working days after adoption. The DCA will not make a formal determination of compliance as defined in Chapter l63. Florida Statutes, until the local qovermnent has adopted a comprehensive plan pursuant to Sections 163.3167(2) and l63.3184, Florida Statutes (1987). C. This Resolution supersedes and repeals Resolution 86-144 relating to prior Growth Management Plan ~endment Procedures. This Resolution adopted after motion, second and roll call vote as follows: Commissioner Saunders Aye Commissioner Goodnight Aye Commissioner Hasse Seconded and aye Commissioner Shanahan Nay commissioner Volpe Motioned and aye DATE: August 8, 1989 BOARD OF COllNTY COMMISSIONERS ::~m ~#:;DA . ~. SAllNDERS, CHAIRMAN ATrEST: J~'rFo GILES, CLERK " ~.,. ~ ~. .'~ .. ." {.'BY: ~*M~,[).C c': '"I. ..;..t. . i.; ApprQyed as cto form and legal ~ ". sufficiencY.g' ~'. "', . '~, '...~I.Tho ..' .~,.", ,!r:t:Jd ,.,d:. Mal'jO~ student ASSISTANT COllNTY !>.TTORNEY S9~/R-/9. fL- O()()'.;:G