§ 106-34. Findings.

The board of county commissioners hereby makes the following findings:

(1)

The county, pursuant to F.S. § 163.3161 et seq., the Florida Local Government Comprehensive Planning and Land Development Regulation Act (hereinafter the "Act"), is required to prepare and adopt a comprehensive plan;

(2)

After adoption of the comprehensive plan, the Act, and in particular F.S. § 163.3202(1), mandates that the county adopt land development regulations that are consistent with and implement the adopted comprehensive plan;

(3)

The provisions of F.S. § 163.3201 provide that it is the intent of the Act that the adoption and enforcement by the county of land development regulations for the total unincorporated county shall be based on, be related to, and be a means of implementation for, the adopted comprehensive plan as required by the Act;

(4)

The provisions of F.S. § 163.3194(1)(b) require that all land development regulations enacted or amended by the county shall be consistent with the adopted comprehensive plan, or element or portion thereof, and any land development regulations existing at the time of adoption which are not consistent with the adopted comprehensive plan, or element or portion thereof, shall be amended so as to be consistent;

(5)

The provisions of F.S. § 163.3194(1)(b) further require that if the county allows an existing land development regulation which is inconsistent with the adopted comprehensive plan, or element or portion thereof, to remain in effect, the county shall adopt a schedule for bringing the land development regulation into conformity with the provisions of the most recently adopted comprehensive plan, or element or portion thereof;

(6)

The provisions of F.S. § 163.3194(1)(b) further require that during the interim period when the provisions of the most recently adopted comprehensive plan, or element, or portion thereof, and the land development regulations are inconsistent, the provisions of the adopted comprehensive plan, or element or portion thereof, shall govern any action taken in regard to an application for a development order;

(7)

The provisions of F.S. § 163.3202(3) state that the Act shall be construed to encourage the use of innovative land development regulations;

(8)

On January 10, 1989, the county adopted the county growth management plan as its comprehensive plan pursuant to the requirements of F.S. § 163.3161 et seq. and Rule 9J-5, F.A.C.;

(9)

The board of county commissioners finds that development for which zoning has already been approved by the county and potential zoning within urban designated areas of the county growth management plan will accommodate approximately 350,000 dwelling units in the unincorporated coastal urban area of the county, and that commercial zoning in excess of 4,600 acres has been approved, while the capital improvement element of the growth management plan would serve only a fraction of the planned and approved, yet unbuilt, development;

(10)

Because of these estimates and projections, the future land use map and element of the county growth management plan and the support documents project and provide for over 60 years of growth while the capital improvement element of the county growth management plan provides for only five years of funding and only ten years of needs and deficiency assessments for public facilities for all categories, except that roads are also in the process of being tentatively planned for up to 25 years of growth;

(11)

As a result of the realization of this serious and significant imbalance between planned land uses and planned public facilities by the board of county commissioners, the board finds that the county faces real, serious and imminent problems that will result from the planned and approved, yet unbuilt, development in that it exceeds the financial resources of the county to fund projected carrying capacity of the existing and planned public facilities of the county and that it is inconsistent with the existing and desired community character of the county;

(12)

At the time of adoption of the growth management plan, the board of county commissioners recognized the need to balance evacuation capability and the at-risk population in the hurricane vulnerability zones in the county by limiting or reducing the maximum permitted densities in those zones to ensure that the population at risk in those zones of high risk could safely evacuate during the time of a hurricane event;

(13)

The board of county commissioners acknowledged the report of the regional/urban design team for the Naples area dated April, 1984, and subsequent recommendations of the R/UDAT citizen committee and approved a revised commercial allocation system to promote superior urban design by managing road access, avoiding commercial strip development, improving overall traffic circulation patterns and providing community focal points;

(14)

The growth management plan, through the future land use map and the goals, objectives and policies, strives to coordinate land use with the provision of adequate roads, sewer, water, drainage facilities, solid waste facilities and parks and recreation opportunities; coordinate coastal population densities with the regional hurricane evacuation plan; and discourage unacceptable levels of urban sprawl;

(15)

The cost to the public and the county to provide adequate public facilities for planned and approved, yet unbuilt, development is too great of a financial burden and would cause the public and the county undue fiscal hardship;

(16)

Additionally, the board of county commissioners recognizes that if a substantial amount of the unimproved property were allowed to develop and be constructed under existing zoning districts inconsistent with the growth management plan, it would encourage urban sprawl, promote strip commercial development, negatively impact the character of residential neighborhoods and commercial areas, and force the county to make premature ad hoc land use commitments;

(17)

In order to insure that the private property rights, including development rights for unimproved property with zoning inconsistent with the growth management plan, are not extinguished or modified without adequate and fair consideration of applicable legal principles and due process of law, the board of county commissioners, pursuant to the county growth management plan, has established a zoning reevaluation program to determine whether or not zoning districts on unimproved property are consistent with the growth management plan, are exempt from the zoning reevaluation program, are compatible with surrounding land uses, or are vested. To the extent that zoning is consistent, exempt, compatible or vested, such will be recognized; if not, the zoning will be amended to bring it into consistency with the growth management plan in order to accomplish the goals, policies, objectives and purposes of the growth management plan, the land development regulations and this article;

(18)

The county has attempted to address these problems by including several provisions in the county growth management plan, including policy 3.1.K, policy 5.1 and policy 5.9 of the future land use element of the county growth management plan, and by providing that land development regulations be adopted and contain provisions to implement the county growth management plan and include at a minimum, inter alia, the establishment of a zoning reevaluation program for unimproved property that shall be carried out by January 10, 1991, for all commercially zoned or designated property and by January 10, 1992, for all other property;

(19)

This zoning reevaluation article is part of the land development regulations required to be consistent with and implemented under the county growth management plan in that it provides for the zoning reevaluation program contained in the county growth management plan;

(20)

The provisions of F.S. § 163.3194(1)(a) mandate that after a comprehensive plan, or element or portion thereof, has been adopted in conformity with the Act, all development undertaken by, and all actions taken in regard to development orders by, governmental agencies in regard to land covered by such plan or element shall be consistent with such plan or element as adopted;

(21)

Pursuant to F.S. § 163.3194(3)(a), a development order or land development regulations shall be consistent with the comprehensive plan if the land uses, densities or intensities, and other aspects of development permitted by such order or regulation are compatible with and further the objectives, policies, land uses, and densities or intensities in the comprehensive plan and if it meets all other criteria enumerated by the local government;

(22)

The provisions of F.S. § 163.3194(3)(b) require that a development approved or undertaken by a local government shall be consistent with the comprehensive plan if the land uses, densities or intensities, capacity or size, timing, and other aspects of development are compatible with and further the objectives, policies, land uses, densities or intensities in the comprehensive plan and if it meets all other criteria enumerated by the local government;

(23)

In addition to the mandates and authority under F.S. § 163.3161 et seq., Rule 9J-5, F.A.C., the county growth management plan, and the findings of the board of county commissioners, the department of community affairs of the state (hereinafter the "DCA") brought an action against the county in the state, division of administrative hearings, DOAH Case No. 89-1299 GM, pursuant to F.S. § 163.3184(10), to contest whether or not the county growth management plan is in compliance with the Act;

(24)

Pursuant to the department of administration hearing between the DCA and the county, the DCA and the county entered into a stipulated settlement agreement which provides remedial action to bring the county growth management plan into compliance with the Act to the satisfaction of the DCA and the county;

(25)

The stipulated settlement agreement between the DCA and the county, and the remedial action provided for therein, provides additional support and direction for the implementation of this article;

(26)

In order to comply with the foregoing authorities, findings and the Act, it is necessary to rezone large areas in the unincorporated portion of the county to zoning districts consistent with the growth management plan;

(27)

The county finds that this article is intended and necessary to preserve and enhance the present advantages that exist in the county; encourage the most appropriate use of land, water, and resources, consistent with the public interest; overcome present handicaps; and deal effectively with future problems that may result from the use and development of land within the total unincorporated area of the county; and it is intended that this article preserve, promote, protect, and improve the public health, safety, comfort, good order, appearance, convenience, and general welfare of the county; prevent the overcrowding of land and avoid undue concentration of population; facilitate the adequate and efficient provision of transportation, water, sewerage, schools, parks, recreational facilities, housing, and other requirements and services; conserve, develop, utilize, and protect natural resources within the jurisdiction of the county; and to protect human, environmental, social, and economic resources; and maintain, through orderly growth and development, the character and stability of present and future land uses and development in the county;

(28)

It is the intent of the board of county commissioners to effectuate and directly advance these requirements, findings, purposes and intentions for the enhancement of the community character of the county, for the betterment of the general welfare, and for the reasons set forth herein through the implementation of the zoning reevaluation program generally described in the county growth management plan; and

(29)

It is the intent of the board of county commissioners to implement the zoning reevaluation program of the county growth management plan through this article.

(Ord. No. 90-23, § 1)