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Resolution 1993-124 , MARCH 23, 1993 RESOLUTION NO. 93-~ A RESOLUTION ESTABLISHING LOCAL REQUIRE- MENTS AND PROCEDURES FOR AMENDING THE COLLIER COUNTY LAND DEVELOPMENT CODE WHEREAs, Section 163.3202(1), Florida statutes, requires that local governments adopt land development regulations that are consistent with local comprehensive plans; and WHEREAS, Section 163.3202(3), Florida Statutes, requires that local governments compile their respective land development regulations into a single land development code for the particu- lar jurisdiction; and WHEREAS, Collier County did adopt a comprehensive plan on January 10, 1989, known as the Collier County Growth Management Plan (GHP); and WHEREAS, Collier County did adopt unified land development regulations on October 30, 1991, known as the Collier County Land Development Code (LOC) , which became effective on November 13, 1991; and WHEREAs, Section 1.19, LOC, provides that the LOC may be amended up to two times in each calendar year; and WHEREAS, Division 2.7, LOC, provides procedures pertaining to advertisement, public notice, and hearing dates tor amendment of the LOC; and WHEREAS, the LDC was amended on October 14, 1992, which amendments became effective on October 26, 1992; and WHEREAS, in order to provide the citizens of Collier County adequate opportunity for submission of proposed LDC amendments; and WHEREAS, in order to provide county statt adequate time to review proposed amendments and to prepare said submissions for consideration at public hearings. WHEREAS, it is recognized that an interim amendment schedule may be necessary tor one of the amendment cycles of the LDC aOOK 000 PAG[ 82 -1- .-.. .'-.-. ,,_.,,~". ""._'_,~-,-..~~ ...~-~----"',. .. MARCH 23, 1993 during the 1993 calendar year; and WHEREAS, it is recognized that each amendment cycle of the LOC is not intended as an opportunity to rewrite the LDC, but is an opportunity to address glitches, legal deficiencies, to incorporate land development regulations as required by the.GMP, and to change the substantive law as necessary and appropriate for the changing needs of Collier County. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COKKISSIONERS OF COLLIER COUNTY, FLORIDA, that: In addition to the statutorily mandated amendment procedures detailed in Sec. 1.19, LDC, and Div. 2.7, LDC, the following requirements and procedures shall be followed before an amendment to the Collier County Land Development Code shall occur: 1. All proposed amendments to the LOC shall be submitted in writing to the Development Services Department along with a nonrefundableUling fee of One Thousand Four Hundred and 00/100 Dollars ($1,400.00) for each amendment to any section or SUbsec- tion of the LOC and accompanied by a letter of application requesting amendment of the LOC.. 2. A duplicate copy of proposed amendments and the letter of application shall be simultaneously submitted to the Office of County Attorney for review. 3. Proposed amendments shall be received at the Develop- ment Services Department and Office of County Attorney prior to 5:00 P.M. on the submission deadline date(s) es~ablished herein. 4. A letter of application requesting amendment of the LDC shall accompany any proposed amendment to the LDC and shall state, in addition to any background information or explanation in support of the proposed amendment, the following: I (We), acknowledge that submission of the enclosed proposal for amendment of the Collier County Land Development Code and payment of the filing aOOK 000 PAG[ 83 -2- .. MARCH 23, 1993 tae in no way obligates the Collier County Board of County CommissIoners to adopt the proposed amendment. I (We), , further acknowledge that Collier County staft, in reviewing the proposed amendment, may recommend .oditications to the proposed amendment or may recommend rejec- tion of the proposed amendments by the Collier County Planning commission and the Board ot County Commissioners. 5. Proposed amendments sha 11 be submitted in strike-through/underline format with the entire section or eubsection to be amended set forth. Proposals shall be typewrit- ten. 6. Amendments to tha LOC required by the GHP, inCluding but not limited to incorporation of adopted Land Development Requlations and GMP mandated amendments thereto, or amendments required to meet legal deficiencies in the LOC shall not require a filing fee. 7. Submissions deadlines tor the.first amendment cycle in any calendar year shall be ae follows: January 1st shall be the last day for a petitioner to submit an application for proposed amendment to the LOC. The Collier County Planning Commission shall be scheduled to hear the proposed amendments in March for the first amendment cycle. 8. Submissions deadlines for the second amendment cycle in any calendar year shall be as follows: JUly 1st shall be the last day foc' a petitioner to submit an application for proposed amendment to the LDC. The Collier County Planning Commission shall be scheduled to hear the proposed amendments in September for the .econd amendment cycle. 9. No proposed amendment may be submitted which was rejected by the Board of County Commissioners during the previous amendment cycle unless otherwise directed by the Board of County &DOK 000 PA,[ 84 -3- "~._-~.,~-,._.~-'-.._--_._.~._---""------- vote favoring same. . >"IlR'} ,.,/..._.t_ ., ...,;\.DATttJ:.'!g{ff-Y;O ... _' . v ;; :' .ATTEST:/" ,- ~.: .OWIGHT E. BROCK, Clerk ~ 'fa r, ~ /') ,....0;.....4' . ~--.;... ":~:H.c. ., .' ,~o, ... , , .", ~'. " ........ . -, ~~ -4' '" .. .~ . ~'~i;q'fel1'as to form and . lega! sufficiency: ~I1t. ::~e~L Assietant County Attorney ..' .' . MARCH 23, 1993 eo.aissioners. 10. The procedures provided herein shall apply to all LDC UlendJllents exclusive of emergency amendments as provided for by Sec. 1.19.1.2, LOC, Planned Unit Development rezonings, amend- .ente to the zoning atlas map, and aR otherwise provided herein. 11. An interim amendment schedule for one of the amendment cycles to the LDC during 1993 calendar year shall be set by the Board of County Commissioners. This Resolution adopted after motion, sQcond and majority OUNTY COMMISSIONERS o .~ By: BURT L. SAUNDERS, Cha rman I<NRI"""" aOOK 000 PAG[ 85 -4-