Ordinance 2009-22
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f ~~~ I \ ORDINANCE NO. 2009- 22
~ '~~' A RnINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
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c;. C LIER COUNTY, FLORIDA, DECLARING A STATE OF LOCAL
~~O.( ~ ONOMIC EMERGENCY; TOLLING TO MAY 12, 2011 THE
68l99"'~"f, LANNED UNIT DEVELOPMENT TIME LIMIT AND TIME LIMIT
EXTENSION REQUIREMENTS AS FOUND IN SECTION 10.02.13.D OF
THE LAND DEVELOPMENT CODE; PROVIDING FOR CONFLICT
AND SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the United States of America, the State of Florida and Collier County are
presently experiencing an economic downturn not experienced in the last 30-40 years; and
WHEREAS, individual citizens and families living in the United States, Florida and
Collier County are experiencing negative effects from this economic downturn; and
WHEREAS, because of significant revenue decreases at the State and local levels, jobs
are being lost, homes are being foreclosed, and services are being cut; and
WHEREAS, Collier County is currently experiencing a dramatic and devastating decline
in the residential and commercial development markets that adversely impact the entire local
economy; and
WHEREAS, Section 10.02.13.D of the Collier County Land Development Code provides
for Planned Unit Development time limit and time limit extension requirements. The local
economic emergency has created a situation that is making it impractical, if not impossible, for
developers of Planned Unit Developments to complete their projects within the time limits
established prior to this period of local emergency. Collier County currently has a very large
number of homes that have been approved for development but have not been built and are not
anticipated to be built during the period ofthe local economic emergency; and
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WHEREAS, tolling of the Planned Unit Development time limit and time lil.uh ext~sion~
is necessary to relieve conditions resulting from the local economic emergency; and..
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,WHEREAS, because of this emergency, the Board wishes to toll the Planned Unit
Development time limit and time limit extension provisions without going through the process of
amending the Land Development Code as set forth in Sections 1O.02.08.C and 10.02.09 of the
Land Development Code.
NOW, THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
SECTION ONE: Short Title and Recitals.
This Ordinance shall be known as the Collier County Local Economic Emergency
Ordinance, and the above findings and recitals are hereby adopted by reference into this
Ordinance.
SECTION TWO:
Declaration of Local Economic Emergency.
The Collier County Board of County Commissioners, convened III regular seSSIOn,
hereby declares and ordains that a local economic emergency exists within Collier County,
Florida, requiring immediate measures to address the emergency before irreversible harm is done
to the economic well being of the citizens of the County. This Ordinance is adopted after public
hearing pursuant to, and in accordance with, Section 125.66(2), Florida Statutes.
SECTION THREE: Tolling of Land Development Code Section 10.02.13.D.
Section 10.02. 13.D of the Collier County Land Development Code provides for Planned
Unit Development time limit and time limit extension requirements. These time limit and time
limit extension requirements are hereby tolled to May 12, 2011 for Planned Unit Developments
which have not sunsetted prior to the effective date of this Ordinance. Prior to May 12,2011, the
Board of County Commissioners will determine if the declaration of Local Economic Emergency
should be ended.
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SECTION FOUR: Conflict and Severability.
In the event this Ordinance conflicts with any other ordinance of Collier County or other
applicable law, the more restrictive shall apply. 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 FIVE:
Inclusion in the Code of Laws and Ordinances.
The provisions of this Ordinance shall become and be made a part of the Code of Laws
and Ordinances of Collier County, Florida. The sections of the Ordinance may be renumbered or
relettered to accomplish such, and the word "ordinance" may be changed to "section", "article",
or any other appropriate word.
SECTION SIX:
Effective Date.
This Ordinance shall become effective upon filing with the Department of State.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida, this I J~h day of May
,2009.
ATTEST:
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
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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 2009-22
Which was adopted by the Board of County Commissioners
on the 12th day of May, 2009, during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 13th
day of May, 2009.
DWIGHT E. BROCK
Clerk of Courts and"Cle,fk
Ex-officio to Board of .~~
County Commissione'rs <"
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Teresa Polaski,
Deputy Clerk