Loading...
Resolution 2008-126 RESOLUTION NO. 08-126 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA PROPOSING AN AMENDMENT TO THE COLLIER COUNTY GROWTH MANAGEMENT PLAN, ORDINANCE 89-05, AS AMENDED, SPECIFICALLY AMENDING THE FUTURE LAND USE ELEMENT AND FUTURE LAND USE MAP AND MAP SERIES, AND FURTHERMORE RECOMMENDING TRANSMITTAL OF THE AMENDMENT TO THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS. 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, Collier County has prepared plan amendment to the following element of its Growth Management Plan: Future Land Use Element, including the Future Land Use Map and Map Series; and WHEREAS, the Collier County Planning Commission has considered the proposed amendment to the Growth Management Plan pursuant to the authority granted to it by Section 163.3174, Florida Statutes, and has recommended approval of said amendment to the Board of County Commissioners; and WHEREAS, upon receipt of Collier County's proposed Growth Management Plan amendment, various State agencies and the Department of Community Affairs (DCA) have ninety (90) days to review the proposed amendment and DCA must transmit, in writing, to Collier County, its comments along with any objections and any recommendations for modification, within said ninety (90) days pursuant to Section 163.3184, Florida Statutes; and WHEREAS, Collier County, upon receipt of the written comments from DCA must adopt, adopt with changes or not adopt the proposed Growth Management Plan amendment, within sixty (60) days of such receipt pursuant to Section 163.3184, Florida Statutes; and WHEREAS, the DCA, within forty-five (45) days of receipt of Collier County's adopted Growth Management Plan amendment, must review and determine if the Plan amendment ia in compliance with the Local Government Comprehensive Planning and Land Development Act of 1985; the State Comprehensive Plan; the appropriate Regional Policy Plan and Rule 9J-5, Florida Administrative Code, pursuant to Section 163.3184, Florida Statutes. Words underlined are additions; Words struGI\ tRrsu!jh are deletions 1 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 Community Affairs thereby initiating the required State evaluation of the Growth Management Plan amendment, prior to final adoption and State determination of compliance with the Local Government Comprehensive Planning and Land Development Regulation Act of 1985 and Rule 9J5, Florida Administrative Code, Minimum Criteria for Review of Local Government Comprehensive Plans and Determination of Compliance. THIS RESOLUTION ADOPTED after motion; second and majority vote this 011f~ day of ~, 2008. ATTEST:, . !;''!",; . .. DWI~HT E. BROCK: G:Jerk , . ~ ,,,~. BOARD OF COUNTY COMMISSIONERS COlLIER C~? FLORIDA BY: -:J'f'!L TOM HENNING, C AIRMAN Approved as to form and legal sufficiency: ~A'i.n-l.~~-~ Marjorie . Student-Stirling Assistant County Attorney CP-2006-10 GMP Transmittal Resolution Words underlined are additions; Words struGI{ tRfOU!jR are deletions 2 Exhibit A CP-2006-1O FUTURE lAND USE ELEMENT V. Overlays and Special Features D. Rural lands Stewardship Area Overlay Group 3 - Policies to protect water quality and quantity and maintain the natural water regime, as well as listed animal and plant species and their habitats by directing incompatible uses away from wetlands and upland habitat through the establishment of Flow way Stewardship Areas, Habitat Stewardship Areas, and Water Retention Areas, where lands are voluntarily included in the Rural lands Stewardship Area program. Policy 3.2 [page 104] Listed animal and plant species and their habitats shall be protected through the establishment of Habitat Stewardship Areas (HSAs), as SSAs within the RLSA Overlay. HSAs are delineated on the Overlay Map and contain approximately 40,900 42.400 acres. HSAs are privately owned agricultural areas, which include both areas with natural characteristics that make them suitable habitat for listed species and areas without these characteristics. These latter areas are included because they are located contiguous to habitat to help form a continuum of landscape that can augment habitat values. The Overlay provides an incentive to permanently protect HSAs by the creation and transfer of credits, resulting in the elimination of incompatible uses and the establishment of protection measures described in Group 1 Policies. Not all lands within the delineated HSAs are comparable in terms of their habitat value; therefore the index shall be used to differentiate higher value form lower value lands for the purpose of Overlay implementation. Analysis of the Index Map Series shows that HSA lands score within a range of 0.6 to 2.2. There are approximately 13,800 15.200 acres of cleared agricultural fields located in HSAs. The average index score of HSA designated lands is 1.3, however, the average index score of the naturally vegetated areas with HSAs is 1.5. Group 4 - Policies to enable conversion of rural lands to other uses in appropriate locations, while discouraging urban sprawl, and encouraging development that utilizes creative land use planning techniques by the establishment of Stewardship Receiving Areas. Policy 4.2 [page 107] All privately owned lands within the RLSA which meet the criteria set forth herein are eligible for designation as a SRA, except land delineated as a FSA, HSA, WRA or land that has been designated as a Stewardship Sending Area. Land proposed for SRA designation shall meet the suitability criteria and other standards described in Group 4 Policies. Due to the long-term vision of the RLSA Overlay, extending to a horizon year of 2025, and in accordance with the guidelines established in Chapter 163.3177(11) F.S., the specific location, size and composition of each SRA cannot and need not be predetermined in the Words underlined are added; words struGh thro~!jR are deleted. Exhibit A CP-2006-10 GMP. In the RLSA Overlay, lands that are eligible to be designated as SRAs generally have similar physical attributes as they consist predominately of agriculture lands which have been cleared or otherwise altered for this purpose. Lands shown on the Overlay Map as eligible for SRA designation include approximately 74,50072.100 acres outside of the ACSC and 18,300 acres within the ACSC. Approximately 2% of these lands achieve an Index score greater than 1.2. Because the Overlay requires SRAs to be compact, mixed-use and self sufficient in the provision of services, facilities and infrastructure, traditionallocational standards normally applied to determine development suitability are not relevant or applicable to SRAs. Therefore the process for designating a SRA follows the principles of the Rural Lands Stewardship Act as further described herein. Words underlined are added; words slruGk thro~!lR are deleted. 2 EXHIBIT -A- PETITION CP.2006-10 ~ COLLIER COUNTY RURAL & AGRICULTURAL AREA ASSESSMENT STEWARDSHIP OVERLAY MAP ~ ~ m .. .. ~ L____.....________ I '...rri~':L' JANU~R_Y ;"-2;;;--l C. '""'-""'~.'~".' -----.----- 1_____ _SUBJECTSlTE legend -"., _5OOftRulcnllonZcne H(",,"I.,'~' Qrr,c[ ", C~"h,"_, '"0 TlC~N'(AL supeO~r c(l''''')N']' mVrL"P~,"T AND rN-""c.<"[NTAl "~-~CES Ollll,""'" ,"" '/10,"_ ,",- [P-'OOO-IOO...-, o _ Wal8l'Aet8ntiDn........(WRA) _ ElIgC)'pIeUHalloollFmort _FJor.rM~~""""(FSA)DArllorcrtllc*slIIeCon,*" _H......~ArH(HS,4.) C]S-.uetHpR_MrQ.......ISRA) ~"