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Resolution 1999-363RESOLUTION NO. 99- 3.._.63 A RESOLUTION DECLARING A LAND DEVELOPMENT CODE RELATED EMERGENCY TO PERMIT AN ADDITIONAL EMERGENCY AMENDMENT CYCLE IN ORDER TO ADOPT LAND DEVELOPMENT REGULATIONS THAT IMPLEMENT THE INTERIM AMENDMENTS TO COLLIER COUNTY'S GROWTH MANAGEblENT PLAN AS ORDERED BY THE ADMINISTRATION COMMISSION. 9/1 WHEREAS, on April 6, 1996, Collier County adopted an Evalvation and Appraisal Report (EAR) for its Growth Management Plan (GMP) as required by Section ! 63.3191, Florida Statutes; and WHEREAS, on November 14, 1997, Collier County adopted the EAR-based amendments to its Growth Management Plan; and WHEREAS, on December 24, 1997, the Department of' Community Affairs (DCA) issued its Notice and Statement of Intent to find the County's EAR-based arnendmen~ not in compliance as defined by Section 163.3184(1)O), Florida Statutes; and WHEREAS, pursuant to Subsection 163.3184(10Xa), Florida Statutes, the DCA petitioned for a formal administrative hearing to review the EAR-based amendments found in non-compliance; and WHEREAS, the petition was forwarded to the Division of Administrative Hearings (DOAH), an Administrative Law Judge was assigned and a £~ve-day formal administrative hearing took place in May. 1998; and WHEREAS, the Administrative Law Judge issued a Recommended Order on March 19, 1999, finding the EAR-based amendments at issue in non-compliance; and WHEREAS, the matter was considered by the Governor and Cabinet sitting as the Adminislration Commission on June 22, 1999 pursuant to Subsection 163.3184(10)(b), Florida Statutes; and WHEREAS, pursuant to Subsection 163.3184(11), Florida Statutes, the Administration Commission is authorized to take final agency action regarding whether or not comprehensive plan amendments are in compliance; and WHEREAS, the Administration Corrmaission, upon review of the Record of the administrative hearing, the Recommended Order including the Findings of Fact and Conclusions of Law contained therein, also found the EAR-based objections and policies at issue not in compliance; and WHEREAS, the Administration Commission on June 22, 1999 entered a Final Order directing Collier County to, among other things, adopt Interim and Remedial Amendments to its Growth Management Plan together with implementing land development regulations; and WHEREAS, according to a schedule adopted by the Administration Commission the implementing land development regulations for the Interim Amendments must be adopted by November 14, 1999; and WHEREAS, the Final Order provides for a number of fiscal sanctions should the County fail to follow its directives, including the schedule of adopting land development regulations; and WHEREAS, Section 1.19.1 of the Collier County Land Development Code provides that amendments may be made to it no more man twice in any calendar year unless there is an emergency as defined by Subsection 1.19.1.3 thereof; and WHEREAS, the schedule for adoption of the Administration Commission ordered land development regulations does not coincide with the established time-frames to amend the Land Development Code thus necessitating a declaration of emergency. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: DECLARATION OF EMERGENCY It is hereby declared pursuant to subsection 1,19.1.3 of the Land Development Code that an emergency exists in that should the County not meet the November 14, 1999 dead-line for the adoption of land development regulations to implement the interim amendments to the Gro~vth Management Plan, it could suffer fiscal sanctions for failure to adopt said land development regulations as directed by the Administration Commission in its June 22, 1999 Order. SECTION TWO: DIRECTION TO PROCEED WITH ADDITIONAL AMENDMENT CYCLE It is hereby directed that in order to meet the November 14, 1999 deadline for adopting land development regulations that an emergency land development code cycle be established wherein amendments shall be adopted by this Board of County Commissioners no later than November 14, 1999. This Resolution adopted after unanimous vote. Done this ~ day of September, 1999. 'YkTTEST::,;,~ ..z..~ BOARD OF COUNTY COMMISSIONERS DWIGHT E'.'B~CK, Clerk COLLIER COUNTY, FLORIDA '" '"'~-,';~ ''. , 5'~ Approved as to form and legal suffsciency: Assistant County Attorney h:hg, tmn~dDCA Interim AmendmenU