Ordinance 97-22 ORDINANCE NO 97- 22
.ca ~AN ORDINANCE AMENDING THE COLLIER COUNTY GRO
,,~'~VIANAGEMENT PLAN (GMP) FOR THE UNINCORPORTED ARE
~ DEFINITIONS FOR VERY LOW, LOW AND MODERATE INCOME
~ PURSUANT TO A STIPULATED SETTLEMENT AGREEMENT WITH
~ THE STATE OF FLORIDA, DEPARTMENT OF COMMUITY AFFAIRS;
'~ SEVERABILITY AND AN EFFECTIVE DATE.
%~rIEREAS, in 1992, the Dcpaztment of Community Aff'Rirs at the behest of
Florida AFFordable Housing, Inc. filed a petition with the Division or Administrative
Hearings challenging certain, then effective impact Fee ordinances and their consistency
with the Housing Element ofthe Growth Management Plan; and
WHEREAS, specifically the Appendices to the Road, Sewer, Water, EMS, Librazy
System and Parks and Recreational Facilities Impact Fee Ordinances were at issue; and
WHEREAS, Ordinances' Appendices providing standards For rents and sales
prices that housing projects must meet in order to be eligible for automatic waiver From
payment oFimpact Fees were 811eged as being inconsistent w~th Policies 1.5.2, ! .5,4 and
2.2.1 of the Housing Element; and
WHEREAS, during this period settlement negotiations took place between Staff
and the Department or Community AFFairs wherein it was agre~ to hav~ the Board of
County Commissioners consider a Settlement Agreement providing For an amendment to
the Housing Element; and
WHEREAS, the County on February 25, 1997, considered and agreed to a
Settlement Agreement with the Department of Community Affairs agreeing to amend the
Housing Amendment to include defirdtions to the terms "Very Low Income", "Low
Income" and "Moderate Income" to avoid any Future alleged inconsistencies between the
County's impact Fee ordinances and the GIVIP; and
WHEREAS, on Mazch 3, 19~7 the Department orCommunity Affairs executed an
agreement with Collier County that effectuates the County' agreement to adjust the "Very
Low Income,"Low Income" and "Moderate Income" definitions to reflect the Coun~'s
very high median income; and
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMlvIISSIONERS OF COLLIER COUNTY, FLORIDA, that:
Words ~t~ckcP, ;~c,~gh are deleted; words under!in¢~l are added.
~F,.C,~O.B__O~: Amendments to Objective 2. I ofthe Hou'sing Element.
Objective 2.1 of the Housing Element of the Collier County Growth Management
Plan, Ordinance No. 89-05, as amended, is hereby mended to read as follows:
Objective 2.1:
For purposes of this objective and related policies the foliowin_2 definitions shall apply:
win m- n n r f ' '
h h ld 'n me rwhi x 0° ' '
r inc m f r I wi ' 0e h i I '
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n - n [ il h ' r
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· t r inc m f r h h I ' h' h 60e '
'u 'n e I ' h' r ....
'hi wi' h n iw' r f ' ' w' '
r Into- I rf ' h '
h h I 'nm fw ich' ' ' m 6 - i
· i wi ' th t r8 h i
· in r h ' ' r lit ' i M '
wi hi M ' hin i w ' h h eh ' w ' h r i
I~C~:~h~I2~Y_Q: 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.
I~: 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 ~__Z_day of ~/..~ 1997.
Words slfiehen-,rhreugh are deleted; words ~ are added.
ATTEST: BO.~D OF COUNTY COMMISSIONERS
/ DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA
...... :'.:'.~'~ . .; "'.,...
-;i ' ~ ~." Approved as"tc;fdrm and
, """-
Secretary of Smte'~ Office tha
Assistant County Attorney end ocknowledgement of that
filin received thls~f~::3~
Words sl~ are deleted; words underlined are added.
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:
ORDIN.h/qCE NO. 97-22
Which was adopted by the Board of County Commissioners on the 27th day
of May, 1997, during Regular Session.
WITNESS my hand and the official seal of the Board of County
Commissioners of Collier County, Florida, this 29th day of May,
1997.
DWIGHT E. BROCK ............. "
Clerk of Courts and.'.~l~rk..'-'
Ex-officio to Boar.d'
County Commiss neFs-
.' . .
:
B Maureen Kenyb~
Deputy Clerk'%' · '. j.. .. ~. ·
, .. .... ~ ...