Ordinance 2009-45
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ORDINANCE NO. 09-~ -(~~g, .', (1'0
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AN ORDINANCE AMENDING ORDINANCE NO. 89-05, AS AMENDE'E)l-iJ~
THE COLLIER COUNTY GROWTH MANAGEMENT PLAN FOR THE"<:?'1
UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA BY
PROVIDING FOR A REMEDIAL AMENDMENT RELATING TO PUBLIC
SCHOOLS IN THE CAPITAL IMPROVEMENT ELEMENT; PROVIDING
FOR SEVERABILITY, AND PROVIDING FOR AN EFFECTIVE DATE
WHEREAS, on February 24, 2009, through the adoption of Ordinance No. 09-07 Collier
County adopted its annual amendment to the Capital Improvement Element of the Growth
Management Plan; and
WHEREAS, on May 19, 2009, the Department of Community Affairs (DCA) issued its
Notice of Intent and Statement of Intent to find a portion of the County's annual amendment to
the Capital Improvement Element, Ordinance No. 09-07, "not in compliance" as defined by
Section 163.3184(1)(b), Florida Statues; and
WHEREAS, pursuant to Subsection 163.3184(16), Florida Statutes, the DCA and Collier
County Board of County Commissioners entered into a Compliance Agreement on September
15, 2009 to resolve issues raised in the proceedings; and
WHEREAS, to implement the Compliance Agreement remedial amendments to the Capital
Improvement Element of the Growth Management Plan have been prepared for consideration
and adoption by the Collier County Board of County Commissioners; and
WHEREAS, the Board of County Commissioners of Collier County did take action in the
manner prescribed by law and did hold a public hearing concerning the adoption of the
Remedial Amendment, including the following: the Collier County Executive Summary; and
other documents, testimony and information presented and made part of the record at the
meeting of the Collier County Board of County Commissioners held on September 15,2009; 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 A REMEDIAL AMENDMENT TO THE CAPITAL
IMPROVEMENT ELEMENT OF THE GROWTH MANAGEMENT PLAN
The Board of County Commissioners hereby adopts the Remedial Amendment to the
Capital Improvement Element of the Growth Management Plan in accordance with Section
163.3184, Florida Statutes. The relevant portions of the Capital Improvement Element affected
by this amendment are attached hereto as Exhibit "A" and is 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 Remedial Amendment to the CAPITAL IMPROVEMENT
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, Florida Statutes, whichever occurs earlier. No development orders, development
permits, or land uses dependent on a portion of this Element 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.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County,
Florida this 15th day of September, 2009.
ATTEST: , "
DWIGHT~,~( ~~~~~.~J.~rk
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. BY:
DONNA FIALA, Chairman
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Approved as to form and legal sufficiency:
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+:'rHeidi Ashton-Cicko
Assistant County Attorney This ordinance filed with the
Land Use Section Chief Secretory of SVffice theft
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Exhibit A
OBJECTIVE 2 (FINANCIAL FEASIBILITY):
Provide public facilities, as described in Policy 1.1 above, in order to maintain adopted level of service
standards that are within the ability of the County to fund, ef within the County's authority to require
others to provide, or as provided by the School District within their financially feasible Five-Year
Capital Improvement Plan, formally adopted by the School Board between July 1 and October 1 ef
each year. ARV 8Re! 811 ef( 8ite i~8Fe,,'e~eRt8 888eei8tee! v:itA Re'.V 8eReel8 8Re! 8eAeel eJ(88R8ieR8
8A811 iie ttole 8818 r8888Rsiiiiliw gf ttol8 C811i8r C8WRW 88A881 1i88re! WRI8SS C811ier C8WRt!.: 8Re! tAe
C811i8r C8WRW i8R8811i88Rif 81i1fee te 8R 8lterR8tive fwRe!iRliI ~88R8Ris~. With the exception of public
school facilities, existing public facility deficiencies measured against the adopted level of service
standards will be eliminated with revenues generated by ad valorem taxes and other
intergovernmental revenues received based on economic activity. Future development will bear a
proportionate cost of facility improvements necessitated by growth. Future development's payments
may take the form of, but are not limited to, voluntary contributions for the benefit of any public facility,
impact fees, dedications of land, provision of public facilities, and future payments of user fees,
special assessments and taxes.
* ** *** **** ***** **** *** ** *
Policy 5.4:
A. The necessary 888it81 facilities and services. iR8lwe!iRi feiwi8ite eft 8its i~8fe'Je~8Rt8. are in
place at the time a final site development plan, final plat or functional equivalent is approved; or
B. The necessary 88Sit81 facilities and services. iR8lwe!iRi f8iWisit8 8ft site i~8fe':8A'1eRts. are under
construction or the contract for such facilities and services has been awarded, accepted, and duly
executed by all parties at the time a final site development plan, 8f' final plat or functional equivalent;
or
C. The necessary 888it81 facilities and services. iRelwe!iRS fSiwisite 8ft site i~8Fe\'8FR8RtS. are found
in the first, second or third year of the School District of Collier County's financially feasible Five-Year
Capital Improvement Plan, as identified in Policy 4.2, and as formally adopted by the School Board
between July 1 and October 1 each year, and as adopted by reference by December 1 of each year,
at the time a final site development plan, final plat or functional equivalent is approved; or
D. The necessary 888ital facilities and services. iR81we!iRS rSiwi8ite eft site i~8f8VeFReRts. are the
subject of a binding commitment with the developer to contribute proportionate share funding as
provided for in Policy 2.4 of the Public School Facilities Element, if applicable, or to construct the
needed facilities.
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 2009-45
Which was adopted by the Board of County Commissioners
on the 15th day of September, 2009, during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 22nd
day of September, 2009.
DWIGHT E. BROCK
Clerk of Courts and Clerk
Ex-officio to Board of
County commissioners<n~" '4'! t'
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By: Ann Jennej Oh~L '. .', ,
Deputy Clerk ~. ., ~""
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