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Ordinance 2000-025ORDINANCE NO. 2000- 2 5 AN ORDINANCE RESCINDING AND REPEALING IN ITS ENTIRETY COLLIER COUNTY ORDINANCE NO. 99-63, WHICH HAD THE EFFECT OF RESCINDING CERTAIN EAR-BASED OBJECTIVES AND POLICIES AT ISSUE IN ADMINISTRATION COMMISSION CASE NO. ACC-99-02 (DOAH CASE NO. 98-0324GM); BY PROVIDING FOR: SECTION ONE, RESCISSION AND REPEAL OF ORDINANCE NO. 99-63; AND SECTION TWO, EFFECTIVE DATE. WHEREAS, Collier County, pursuant to Section 163.3161 et seq., Florida Statutes, the Florida Local Government Comprehensive Planning and Land Development Regulation Act (hereinat~er "the Act") is required to prepare and adopt a comprehensive plan; and WHEREAS, Section 163.3194(1)(g), Florida Statutes, requires that all ]and development regulations enacted or amended by Collier County shall be consistent with the adopted comprehensive plan, or element or portion thereof; and WHEREAS, on January 10, 1989, Collier County adopted the Collier County Growth Management Plan or "GMP" as its comprehensive plan pursuant to the requirements of ,~4:tion 163.3161 et seq., Florida Statutes and Rule 9J-5 of the Florida Administrative Code~ WHEREAS, pursuant to Section 163.3191, Florida Statutes, local gov~lnent~ar~ required to prepare and adopt the first periodic Evaluation and Appraisal Report~remaf~er~ "EAR") within seven years of the adoption of their respective comprehensive plans; ~a~f . WHEREAS, on October 27, 1997, Collier County adopted the EAR-based am~ent~to its GMP which amendments were sent to the DCA for ~ts review to determine comp~nce with the Act and Rule 9J-5; and WHEREAS, on December 24, 1997, the DCA issued its Notice of Intent finding certain of the EAR-based amendments not in compliance; and WHEREAS, the EAR-based amendments found not in compliance were: the Future Land Use Element including the. Future Land Use Map; the Drainage and Natural Groundwater Aquifer Recharge Sub-elements of the Public Facilities Element; the Intergovernmental Coordination Element; the Conservation and Coastal Management Element; the Housing Element; and the Golden Gate Area Master Plan Element; and WHEREAS, on March 19, 1999, the administrative law judge issued a recommended order finding that all of the referenced EAR-based amendments found not in compliance by the DCA were not in compliance; and WHEREAS, on June 22, 163.3184(11), Florida Statutes, 1999, the Administration Commission, pursuant to Section issued its Final Order finding the referenced EAR-based amendments not in compliance and ordering that they be rescinded by September 14, 1999; and WHEREAS, specifically, those amendments are: Policy 1.2.6. of the Intergovernmental Coordination Element (Ordinance No. 97-56); Objective 1.2 and Policies 1.2.1 through 1.2.4 of the Natural Groundwater Aquifer Recharge Sub-element of the Public Facilities Element (Ordinance No. 97-59); Policy 1.1.2 of the Drainage Sub-element of the Public Facilities Element (Ordinance No. 97-63); the Housing Element ((Ordinance No. 97-63); Policies 2.1.4. and 2.2.3 of the Golden Gate Area Master Plan (Ordinance No. 97-64); Objectives 1.1, 1.3, 12.1, 6.3, 7.3, 9.4, 9.5 and 11.6, and Policies 1.1.1, 1.1.2, 1.1.3, 1.3.1, 12.1.2, and 12.2.5 of the Conservation and Coastal Management Element; and Policy 3.1.d. of the Future Land Use Element, together with the Future Land Use Map depiction of the coastal high hazard area; and WHEREAS, on September 14, 1999, the Board of County Commissioners readopted the EAR-based amendments first adopted on October 27, 1997, but with the provisions found not in compliance shown as rescinded. No other changes were made to the 1997 EAR-based amendments; and WHEREAS, on October 21, 1999, the DCA, in its Notice of Intent, found this plan amendment to be in compliance; and WHEREAS, on November 10, 1999, the Florida Wildlife Federation and the Collier County Audubon Society filed their Petition for Hearing challenging the September 14, 1999 readopted amendments. Said Petition was forwarded by the DCA to the Division of Administrative Hearings; and WHEREAS, the Petition challenges EAR-based amendments that were originally adopted on October 27, 1997, and were merely readopted by the County on September 14, 1999; and WHEREAS, the filing of said Petition, together with DOAH Case No. 98-032GM, has delayed the County's ability to implement EAR-based amendments; and WHEREAS, the consequence of the County's inability to implement its EAR-based amendments results in the County operating under a Growth Management Plan, significant parts of which are eleven (11) years old; and WHEREAS, upon request from the County, the DCA issued a letter confirming that the portions of the 1997 EAR-based amendments that were not specifically at issue in DOAH Case No. 98-032GM became legally effective when the Final Order was rendered; and WHEREAS, the readoption of the 1997 EAR-based amendments was thus unnecessary; and WHEREAS, the County, therefore, seeks to rescind Ordinance No. 99-63 in its entirety and, in its place, immediately adopt a separate ordinance which merely deletes the provisions of the 1997 EAR-based amendments that were found not in compliance. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: Rescission and Repeal of Ordinance No. 99-63. Collier County Ordinance No. 99-63, adopted on September 14, 1999, is hereby rescinded and repealed in its entirety. SECTION TWO: Effective Date. This Ordinance shall take effect upon filing with the Department of State. 2 PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida this _~ _ day of ~ ATTEST: DWIGHT E. BROCK, Clerk : 'Approved 'as to form and "~ '..... !¢gal su~¢i~ncy: ~larjorie~. Student Assistant County Attorney 2000. Chairman This ordinance ~i'~ w;!'h the Secrelary of ~'c:~::"s Of(ice the /~ day of _~ , and acknowledgement of that fili~g~eceived this of 3 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 2000-25 co ~,~ ~ Which was adopted by the Board of County Commission~s ~ the 9th day of May, 2000, during Regular Session. _~o~ .~. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 10th day of May, 2000. DWIGHT E. BROCK . i~ Clerk of Courts and Clerk Ex-officio to Board Of~~ County Commissioners .~11· By: aren Schoch, '%1 .' Deputy Clerk "