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Ordinance 2008-58 ORDINANCE NO. 085~ AN ORDINANCE AMENDING ORDINANCE NO. 89-05, AS AMENDED, THE COLLIER COUNTY GROWTH MANAGEMENT PLAN FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA BY PROVIDING FOR AN AMENDMENT TO THE FUTURE LAND USE ELEMENT AND FUTURE LAND USE MAP AND MAP SERIES, PROVIDING FOR SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE. 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 r- ~ . ;>:~ f~"-. CD WHEREAS, the Local Government Comprehensive Planning and Land oe.velopmenf~l =;. ~- . --i Regulation Act of 1985 provides authority for local governments to amend theii.ir;esp~ive:.'= 1,..-,., - J lr;j .. comprehensive plans and outlines certain procedures to amend adopted comprehEifl$ive ~lanst Tj Pursuant to Sections 163.3184 and 163.3187, Florida Statutes; and -. . . .- ',=, :::> WHEREAS, Parks and Recreation Department staff initiated an amendllJ~~ tC!~~~he Future Land Use Element and Future Land Use Map and Map Series, to change the Future Land Use Map (FLUM) designation from Urban-Mixed Use District/Urban Coastal Fringe Subdistrict to the Conservation Designation, and to make a corresponding text change to reference a new map of the site for the County-owned Mar-Good Park property located in Goodland, adjoining Pettit Drive, Pear Tree Avenue, and Papaya Street, in Section 18, Township 52 South, Range 27 East, Collier County, Florida consisting of 2.5:f: acres; and WHEREAS, Collier County did submit this Growth Management Plan amendment to the Department of Community Affairs for preliminary review on May 12, 2008; and WHEREAS, the Department of Community Affairs did review the amendment to the Future Land Use Element Future Land Use Map and Map series 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 a public hearing concerning the adoption of this amendment to the Future Land Use Element and Future Land Use Map and Map Series to the Growth Management Plan on October 14, 2008; 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 document 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 August 19, 2008, August 29, 2008, and September 18, 2008, and the Collier County Board of County Commissioners held on October 14, 2008; 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: SECTION ONE: ADOPTION OF AMENDMENT TO THE GROWTH MANAGEMENT PLAN The Board of County Commissioners hereby adopts this amendment to the Future Land Use Element and Future Land Use Map and Map Series 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: SEVERABILITY. 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., 3rd Floor, Tallahassee, Florida 32399-2100. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida this } t.j1'1 day of C~ ' 2008. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER CO NTY, FL RIDA ""'. _:~'t"~" .~~.~ .- . ~ Qij....... I . ....... oil" Approved as to form and legal suffiency: f~ L .~~. . ? \..--.).11'-<<- Marjorie M. Student-Stirling Assistant County Attorney Petition CPSP-2006-12 - Future Land Use Element Future Land Use Map and Map Series Th!s c:~ I..-~i:"i::lnc:'.' ,j \v i t~~i t!'H~ EXHIBIT A CPSP-2006-12 FUTURE LAND USE MAP SERIES [page 124] Future Land Use Map Mixed Use & Interchange Activity Center Maps Properties Consistent by Policy (5.9,5.10,5.11,5.12,5.13,5.14,5.15) Maps Collier County Wetlands Map Collier County Wellhead Protection Areas and Proposed Welltields and ASRs Map Rivers and Floodplains Map Estuarine Bays Map Soils Map Existing Commercial Mineral Extraction Sites Map Bayshore/Gateway Triangle Redevelopment Overlay Map Stewardship Overlay Map Rural Lands Study Area Natural Resource Index Maps North Belle Meade Overlay Map Existing Public Educational Plants (Schools) and Ancillary Plants (Support Facilities) Map Existing Sites for Future Public Educational Plants and Ancillary Plants Plantation Island Urban Area Map Copeland Urban Area Map Railhead Scrub Preserve - Conservation Designation Map Lely Mitigation Park - Conservation Designation Map MarGood Park - Conservation Desienation MaD Urban - Rural Fringe Transition Zone Overlay Map Orange Blossom Mixed Use Subdistrict Map Vanderbilt Beach/Collier Boulevard Commercial Subdistrict Map Davis Boulevard/County Barn Road Mixed Use Subdistrict Map Goodlette/Pine Ridge Commercial Intill Subdistrict Map Henderson Creek Mixed-Use Subdistrict Map Buckley Mixed-Use Subdistrict Map LivingstonlPine Ridge Commercial Intill Subdistrict Map Vanderbilt Beach Road Neighborhood Commercial Subdistrict Map Livingston Road/Eatonwood Lane Commercial Intill Subdistrict Map Livingston Road Commercial Intill Subdistrict Map CPSP.2006-12 Exhibit A Adoption - as approved by BCC G:\Comprehensive\Comp. 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Q Z P<l C P<l ..J f- u<( "'iw IDa:: :::><( III WN t:.... ~i fd~ iiI~ ~a. 0CJ ~ ~ Vi ~~ F", ~tj "'5 f-'" ~1lI a.", !5~~ ~i3q <"'< S!~~ zo:' 0>18 wZo f-W", DO' ~~r ",f-U ~~~ ~15G: ffi'" '!i ~~g 8~~ ",ZN <::> ~!~ a.UO 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 2008-58 Which was adopted by the Board of County Commissioners on the 14th day of October, 2008, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 20th day of October, 2008. DWIGHT E. BROCK Clerk of Courts and Clerk Ex-officio to Board of County Commissioners.. . . .. ~~O/{i; By: Ann Jennejohn., Deputy Clex:k luw