Loading...
Ordinance 98-012 ORDINANCE NO. 98-,.. Z2 AN ORDINANCE AMENDING THE FUTURE LAND USE ELEMENT OF ORDINANCE NUMBER 89-.05, AS AMENDED, THE COLLIER COUNTY GROWTH MANAGEMENT PLAN, FOR THE l s~7~i7.--- UNINCORPORATED AREA OF COLLIER COUNTY, i.', ~'~t~z ~/ FLORIDA, BY AMENDING THE I <'j~i AGRICULTURAL/RESIDENTIAL SUBDISTRICT /,,~v ~f. ~ 'v THE AGRICULTURAL/RURAL MIXED USE; I DISTRICT OF THE AGRICULTURAI./RURAL.~ '~ i'j DESIGNATION OF THE FUTURE LAND USE; ~:~ DESIGNATION DESCRIPTION SECTION BY ~ ~',~.. ALLOWING A REALLOCATION OF AN ~.~/ UNSPECIFIED NUMBER OF DWELLING UNITS ~ FROM THE FIDDLER'S CREEK DRI, LOCATED IN THE URBAN COASTAL FRINGE SUBDISTRICT AND URBAN RESIDENTIAL FRINGE SUBDISTRICT OF THE URBAN - MIXED USE DISTRICT OF THE URBAN DESIGNATION, TO CERTAIN LANDS ADDED TO THE FIDDLER'S CREEK PUD, LOCATED IN THE AGRICULTURAL/RESIDENTIAL SUBDISTRICT, IN EXCESS OF ONE DWELLING UNIT PER FIVE ACRES; BY PROVIDING FOR SEVERABILITY; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, the Board of County Commissioners adopted the Collier County Growth Managem;nt Plan on January 10, 1989; and WHEREAS, George Vamadoe, of Young, van Assenderp and Vamadoe, P.A., representing DY Associates Joint Venture, contract purchaser, has submitted an application to the Caller County Plannlng Services Department to amend the Future Land Use Element of the Growth Management Plan by allowing reallocation of an unspecl~ed number of dwelling units In the existing approved Fiddlers Creek DRI to certain lands added to the Fiddler's Creek PUD, in excess of one dwelling unit per five acres; and WHEREAS, Collier County did submit this Growth Management Plan amendment to the Department of Community Affairs for preliminary review on October 23, 1997; and WHEREAS, the Department of Community Affairs did review and make written objections to this Future Land Use Element amendment to the Growth Management Plan and transmitted the same in wdtlng to Collier County within the time provlded by law; and WHEREAS, ColIler County has 120 days from receipt of the written objections 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 public headngs concerning the adoption of this Future Land Use Element amendment to the Growth Management Plan on February 24, 1998; and WHEREAS, Collier County has gathered and considered additional information. data and analysis supporting adoption of this amendment to the Growth Management Plan, including the following: the Collier County staff report; the Notice of Proposed Change application and Development Orders for the Fiddlers Creek DRI; the Fiddlers Creek PUD rezoning application; the document entitled Collier County Growth Management Plan Amendment (CP-97-3) adding acreage to the Fiddlers Creek DRI, and 13 exhibits attached thereto; the letter dated January 6, 1998, to DCA Bureau Chief Tom Beck. prepared by Young, van Assenderp & Vamadoe, P.A.; the 1997 Market Conditions Study prepared by Fraser & Mohlke Assodates, Inc.; the Report from Arthur C. Nelson, Ph.D., ASCE, AICP; and the other documents, testimony and Information presented and made a part of the record at the meetings of the Collier County Planning Commission held on February 5, 1998, and the Collier County Board of County Commissioners held on February 24, 1998; and WHEREAS, all app,cable substantive and procedural requirements of law have been met; and ' NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: B.E.~JD~LQ~: ADOPTION OF AMENDMENT TO THE FUTURE LAND USE ELEMENT OF THE GROWTH MANAGEMENT PLAN. The Board hereby adopts this amendment to the Future Land Use Designation Description Section of the Future Land Use Element of the Growth Management Plan, Agricultural/Rural Designation, Agricultural/Rural - Mixed Use DIstrict, Agdculturel/Resldentlal Subdistrict, In accordance with Section 163.3184, Florida Statutes. The text of the amendment Is attached hereto as Exhibit 'A' and incorporated herein by reference. ~.O.~L.~Z.Q: SEVERABILITY. If any phrase or portion of this Ordinance is held invalid or unconstitutional by any court of competent Jurisdlctlon, such portion shall be deemed a separate, distinct and Independent provision and such holding shall not affect the validity of the remaining po~on, ~CLT.~B._~IB,~: EFFECTIVE DATE. The effective date of this amendment to the Future Land Use Element shall be the date a final order is Issued by the Department of Community Affairs or Administration Commission finding the Element in compliance In accordance with Section 163.3184, Flodda Statutes, whichever occurs eadler. No development orders, development permits. or !and 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 Bivd., 3'" Floor. Tallahassee, Flodda 32399-2100. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County this o~ y' day of FebmaW, 1998. "ATI'EST./ ". "': BOARD OF COUNTY COMMISSIONERS .., .<.: r,'.. ,... , · ','-"- /':" ',:' :-"' CHAIRMAN · ~i .. "../.- ' · .. '. z' :l>, ~ : ,,.,' "':APPRQVED AS TO FORM AND LEGAL SUFFICIENCY: · ~. STUDENT This ordlrNonce fi'led with fie Ass,sTANT coup' A rORNEY ond ocknowledgernent of thor flJi received this-,3'/1:;¢' dey oer,.~.Cb,t" ' ,, 3 EXHIBIT "A" Amend the existing Future Land Use Element of the Growth Management Plan to allow the reallocation of an unspeci~ed number of dwelling units in the existing approved Fiddler's Creek DRI located in the Urban designated area to certain lands added to the Fiddler's Creek PUD located in the Agricultural/Rural designated area, in excess of one dwelling unit per five acres. The proposed text change is to the Agricultural/Rural Designation, Agricultural/Rural Mixed Use District, Agricultural/Residential Subdistrict, Pm'agraph A.I., page LU-I-39, as follows: A. Agricultural/Rural - Mixed Use District 1. Agricultural/Residential Subdistrict The purpose of this Subdistrict is to protect and encourage agricultunl activities while providing for low density residential use in outlying areas. Residential land uses may be allowed at a maximum density of I unit pet 5 gross aere. s. Bxisfimz units az~mved for th~ Fiddler's Creek DRI may be reallocated to those parts of Sections 15 and 19. Township 51 $ouTl~ Ramze 27 East added to Fiddler's Creek DRI toizether with vart of Section 29. Townshiv 51 South. Ramte 27 East at a density gFe. atc'r than 1 .lglit vex 5 m'oss acres vrovided that no new units tr¢ added to the 6.000 previously anteroved units. which results in a in'oss densiw of 1.6 units t~er acre fox the Fiddler's Creek DRI: and further t, mvided that no residential units shall ~ located on that hart of Sec~pz~ ~p within the Fi~Idlef'~ Cr~k pRl; and further prgviderd th0~ South Florida Water Management District jurisdictional wellands imposed by the DRI in saitJ $~ctipns do not exceed 10 acres. Words underlined an additions; Wo~ are deletions. C) s,o --~ -.4 ~ 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 copy of: ORDINANCE NO. 98-12 Which was adopted by the Board of County Commissioners on the 24th day of February, 1998, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 24th day of February, 1998. DWIGHT E. BROCK Clerk of Courts and Ex-officio to Board C~yntC o mm 1 s s i~ .. ',,,