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Ordinance 2010-34 .."-..".---.----........ --- ," ~ "4"~' " /-Z'\'}~ P I '.:J l(i" /...0'. 7.>,:: /0) , Jt ~t\ (j)~ , (0' . if,.~\\\\l L\\ ~ /:~ ;:J~0:::;:." \() ~ AN ORDINANCE AMENDING ORDINANCE NO. 89-05, AS =:::: \ ~~ \~\)\j ~\j ~ AMENDED, THE COLLIER COUNTY GROWTH ',:',\ !! MANAGEMENT PLAN FOR THE UNINCORPORATED AREA f2;': 'p. ~ OF COLLIER COUNTY, FLORIDA BY PROVIDING FOR: AN I'; "<:::'0,", 9'L4'; AMENDMENT TO THE FUTURE LAND USE ELEMENT, "::JgSt.!-1., PROVIDING FOR SEVERABILITY AND PROVIDING FOR AN~, EFFECTIVE DATE. ORDINANCE NO. 10-34 0- ) t..:=! r-r' r::- ~ ~:- "'11 "<,0.,.... ...1"'- - (:= C) , '_..:J ::r:>> --:;!J" ..., "1 ' j 'I r=1 :;'01- j , , WHEREAS, Collier County, pursuant to Section 163.3161, et. seq., 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, Comprehensive Planning staff initiated an amendment to the Future Land Use Element to add a new Policy 4.11, to address the alignment of dates within the various elements of the Growth Management Plan for planning time frames for the Future Land Use Map, the Rural Lands Stewardship Area Overlay Map, and Transportation Element long range maps; and WHEREAS, Collier County did submit this Growth Management Plan amendment to the Department of Community Affairs for preliminary review on January 27,2010; and WHEREAS, the Department of Community Affairs did review the amendment to the Future Land Use Element, 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 public hearings concerning the transmittal and adoption of an amendment of the Future Land Use Element, to the Growth Management Plan; and Words underlined are additions; words struck through are deletions Future Land Use Element Petition CPSP-2008-7 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 June 15, 2010, and the Collier County Board of County Commissioners held on July 28,2010; 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 AN AMENDMENT TO THE GROWTH MANAGEMENT PLAN The Board of County Commissioners hereby adopts this amendment to the Future Land Use Element, in accordance with Section 163.3184, Florida Statutes. The text of the amendment is 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. Words underlined are additions; words struck throHgh are deletions Future Land Use Element Petition CPSP-2008-7 2 PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida this 28th day of July, 2010. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA ~W.~ .. BY: FRED W. COYLE, CHAIRMAN Words underlined are additions; words struck through are deletions Future Land Use Element Petition CPSP-2008-7 3 CPSP-2008-7 EXHIBIT A FUTURE LAND USE ELEMENT [Page 15-16] OBJECTIVE 4: In order to improve coordination of land uses with natural and historic resources, public facilities, economic development, housing and urban design, the Future Land Use Element shall be continually refined through detailed planning. Future studies might address specific geographic or issue areas. All future studies must be consistent with the Growth Management Plan and further its intent. *** *** *** *** *** *** *** *** *** *** *** *** Policy 4.11 In the next Evaluation and Aooraisal Reoort (EAR). due January 1. 2011. Collier County will identify as an issue to be addressed. the need to alian dates within the various elements of this arowth manaaement olan. This will include. but may not be limited to. the olannina time frame for the Future Land Use MaD. the Rural Lands Stewardship Area Overlay. and Transoortation Element lona ranae maDs. Necessary amendments to achieve the alianment of dates will be included in the EAR-based amendments to the Plan. [Page 18] Words underlined are added; words strl:Jck through are deleted. Row of asterisks (*** *** ***) denotes break in text. 1 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 2010-34 Which was adopted by the Board of County Commissioners on the 28th day of July, 2010, during Special Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 2nd day of August, 2010. DWIGHT E. BROCK Clerk of Courts and Clerk Ex-officio to Board of County Commissioners CtW{ '7..:' ',~. ...... :'7'-. rrl).-t vel- ~ By: Ann J Deputy ("~,. : .(":.. ,', " ~'~ -~ -