Ordinance 90-113 ORDINANCE NO. 90- ~
ORDINANCE AMENDING ORDINANCE NUMBER 82-2, THE
ZONING REGULATIONS FOR THE
NCORPORATED AREA OF COLLIER COUNTY BY
%/ SECTION 14, AME~DMENTS, SUBSECTION 14.13,
ITATIONS ON THE REZONING OF PROPERTY, IN ORDER '~
THE REQUIREMENT OF TWO HUNDRED (2001}'
OF STREET FRONTAGE FOR REZONE PETITIONS THAT
)VIDE 80% OR MORE AFFORDABLE HOUSING UNITS; BY'
lENDING SECTION 20, DEFINITIONS, TO ADD A
DEFINITION OF "AFFORDABLE HOUSING"; BY PROVIDING~
FOR CONFLICT AND SEVERABILITY; AND BY PROVIDING ~A~
EFFECTIVE DATE.
WHEREAS, on January 5, 1982, the Board of County Commissioners
~iapproved Ordinance Number 82-2, which established Section 14,
i'.A~endments, Subsection 14.13, Limitations on the Rezoning of
'Prol~erty, of the Collier County Zoning Ordinance; and
WHEREAS, Collier County has recognized and attempted to
address the problem of lack of adequate and affordable housing for
moderate, low, and very-low income households in the County and the
need for innovative programs to assist in the provision of such
housing by including several provisions in the Collier County
Grot~ch Management Plan, including Objective 1.4, Policy 1.4.1,
objective 1.5, Objective 1.6, Policy 1.6.3, Objective 2.1, and
2.1.2, of the Housing Element, of the Collier County ~Growth
Management Plan, and by providing t_hat land development regulations
be adopted and contain provisions to implement the Collier County
Growth Management Plan; and
WHEREAS, Section 163.3201, Florida Statutes, provides that it
ls the intent of the Act that the adoption and enforcement by
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; and
WHEREAS, Section 163.3194(1)(b), Florida Statutes, requires
all land development regulations enacted or amended by Collier
y shall be consistent with the adopted Comprehensive Plan, or
~element or portion thereof, and any land development regulations
i ~existing at the time of adoption which are not consistent with the
Words-~-~h~h are deleted; words underlined are added.
adopted Comprehensive Plan, or element or portion thereof, shall be
'amended so as to be consistent; and
WI{EREAS, this Ordinance to eliminate the requirement of two
~ (200) feet of street frontage for rezone petitions that
80% or more affordable housing-units is part of the land
development regulations required to be consistent with and
~lemented under the Collier County Growth Management Plan in that
.i~ it encourages the development of affordable housing units for low
and moderate income families including, but not limited to, farm
fishery workers, service workers, etc.; and
'~ .~..~'W~EREAS, Collier County finds that this Ordinance is intended
a~d':necessary to preserve and enhance the present advantages that
exist:~ Collier County; encourage the most appropriate use of
'.'.lan~,~.~water, and resources, consistent with the public interest;
..overcome present hand~caps; and deal effectively with future
'iproblmms.that may result from the use and development of land
l~"within-the total unincorporated area of Collier County; and it is
']. i~tended that this Ordinance preserve, promote, protect, and
improve the public health, safety, comfort, good order, appearance,
lience, and general welfare of Collier County; facilitate the
...adequate and efficient provision of transportation, water,
i'~:/ sewerage, schools, parks, recreational facilities, housing, and
~. other requirements and services; conserve, develop, utilize, and
~.~.~..protect natural resources within the jurisdiction of Collier
i~;..i 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 Collier County; and
~,' WHEREAS, the Board of County Commissioners, directed its
staff to bring to the Board a petition to amend Ordinance
il~r 82-2, the Collier County Zoning Ordinance, as set forth
NOW, THEREFORE BE IT ORDAINED by the Board of County
Commissioners of Collier County, Florida:
Words-m~=~-th=~gh are deleted; words ~ are added
=.n~ ~; Definitions
IECTION ONE: Amendment to Section 14, of Ordinance No. 82-2, the
Collier County Zoning Ordinance
Section 14, Amendments, Subsection 14.13, Limitations on the
of Property, of Ordinance Ho. 82-2, the Zoning Ordinance
.ier County, Florida, is hereby amended to read as follows=
~13 Limitations on the Rezoning of Property=
a. Except where the proposal for the rezoning of property
involves an extension of an existing district boundary,
no change in the zoning classification of land shall be
_... :considered which involves less than forty thousand
(40,000) square feet of area and two hundred (200) feet
of street frontage. However. the re~uirement of tv9
hundred (200~ feet of street frontaae shall nQ~ ~pplv to
- 'rezone Petitions that Drovide 80% or more affQrdab%e
housina units.
b. Whenever the Board of County Commissioners has denied an
~c.e~= application for the rezoning of property, the Planning
Commission shall not thereafter:
1) Consider any further application for the same
,._:'.:. '~u~ rezoning of any part or all of the same property
for a period of twelve (12) months from the date of
such action; - _.~
.Consider an. application for any other kind of
rezoning or any part or all of the same property
. ~or..a period of six (6) months from the date of
such action.
20, Definitions, of Ordinance No. 82-2, the Zoning
of collier County, Florida, is hereby amended to
the following:'
Affordable Housin=: A residential dwellin= unit with a
monthly rent or monthly mortaaae oayment, includ~n~ DroDertv
taxes and insurance, not in excess of one-twelfth ¢1/12~ of ~0
percent of an amount which reDresents 50 percent (for very
low-income). 80 oercent (for l~w-in¢~me}, or f00 percent (for
moderate income) Qf the median adjusted aross aDoua~ income
for the household as published annually bY the U,$, Department
of Housin= and Urb~p Development within the Naples
Metrooolitan Statistical Area (M$~),
SECTION THREE: Conflict and Severability
In the event this Ordinance conflicts with any other Ordinance
Collier County and other appiicable law, the more restrictive
apply. If any phrase or portion of the Ordinance is held
or unconstitutional by any court of competent jurisdiction,
shall be deemed a separate, distinct and independent
and such holding shall not affect the validity of the
portion, lB 06
?.~Words-a~uek-~h~eu~h are deleted; words underliqed are added,
FOUR:
Effective Date
This Ordinance shall become effective upon receipt of notice
the Secretary of State that this Ordinance has been filed with
'the Secretary of State.
PASSED AND DULY ADOPTED by the Board of County Commissioners
of Collier County, Florida, this~__day of ~~~,'1990.
: ATTEST:
JAMES C. GILE~
AS To.' ~.ORM AND
· %',: . , ·~'?
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY :~
FAX
M. STUDENT
STANT COUNT~ ATTORNEY
i~11b/3 8.4 0
ORDINANCE
Words-s~ue~-%h~a~qh are deleted; words und~ are added.
'OF FLORIDA )
OF COLLIER )
I, JAMES C. GILES, Clerk of Courts in and for the
Judicial Circuit, Collier County, Florida, do
certify that the foregoing is a true copy of:
Ordinance No. 90-113
wee adopted by the Board of County Commissioners on
2?th day of December, 1990, during Special Session.
WITNESS my hand and the off/cia/ seal of the Board of
?Co~lnty Commissioners of Collier County, Florida, this 31st
December, 1990.
JAMES C. GILES
Clerk of Courts and Clerk
Ex-off/cio to Board o~
County Commissioners · ','-'.
B '~s/~a~'
Deputy Clerk .'.."
08'