Ordinance 2000-090 ORDINANCE NO. 2000- o o
INANCE AMENDING COLLIER COUNTY ORDINANCE NO. 92-
AMENDED, BY AMENDING SECTION 3.01 TO PROVIDE FOR AN
PTION FOR ADULT-ONLY COMMUNITIES; PROVIDING A
SPECIAL PROVISION FOR CONFLICT AND SEVERABILITY;
PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND
ORDINANCES; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, on May 13, 1992, the Board of County Commissioners ("Board") adopted
Ordinance No. 92-33, entitled the Collier County Educational Facilities System Impact Fee
Ordinance; and
WHEREAS, Ordinance No. 92-33, as amended (the Ordinance), imposes Educational
Facilities Impact Fees on all Educational Facilities Impact Construction, defined as "land development
construction designed or intended to permit more Dwelling Units than the existing use of land"; and
WHEREAS, the Ordinance defines a Dwelling Unit as "a Building or portion of a Building
designed for or whose primary purpose is for residential occupancy, and which consists of one or
more rooms which are arranged, designed or used as living quarters for one or more persons"; and
WHEREAS, despite the inclusive Ordinance definition of a Dwelling Unit, Florida law does
not allow the assessment of school impact fees for residential construction at adult-only communities
such as, but not limited to, Assisted Care Living Facilities (ACLF's) and communi~.i~ with~ deed
restrictions requiring residents to be at least fifty-five years old; and [7 :::: .v:~ ....
WHEREAS, since the adoption of the Ordinance, Collier County has complii~iwith~lodd~~
law and has not imposed Educational Facilities Impact Fees on residential constructio~i.at a. -ofii~.~
communities; and >m <.~
WHEREAS, the Board desires to ensure that the administrative provisions of the Ordinance
are consistent with Florida law and the County's administrative practices.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
SECTION ONE: Section 3.01 of Article III of Collier County Ordinance No. 92-33, as
amended, is hereby amended through the addition of Subsection 3.01 (f), which shall read as follows:
(f) The construction of adult-only residential housing in which, because of land use
restrictions, minors cannot reside, such as, but not limited to, Assisted Care Living Facilities
(ACLF's) and communities with deed restrictions requiring residents to be at least fifb/-five years old.
SECTION TWO: SPECIAL CONFLICT AND SEVERABILITY PROVISIONS.
In the event this Ordinance conflicts with any other Ordinance of Collier County or other applicable
law, this amendment to section 3.01 of Ordinance No. 92-33, shall supersede to the extent of all such
conflicts.. 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 TltREE: 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 FOUR: 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
CountyL ~Florida, this/,,lt~ day of ~ ,2000.
',,/'%,.
co Y c ssxom s
.:"Deputy Clerk James D. ~er, Ph.D., Chaiman
Attest as to Chairman's
sJg~atur~ on. Ijl~
^pproveo as to mrm and
legal sufficiency:
//" /T----
Heidi F. Ashton
Assistant County Attorney
This ordinance filed with the
Secretary of StaJ~e s Office th.
,/.2~-~oy of ~7,~__, z o~
and acknowledgement of that
filingj~_ce_ived this ~y
of .~Or-~.. , ;z~::s~ _
2
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:
ORDINANCE NO. 2000-90
Which was adopted by the Board of County Commissioners on
the 12th day of December, 2000, during Regular Session
WITNESS my hand and the official seal of the Board -~ i. --
County Commissioners of Collier County, Florida, this
of Dece~er, 2000'
Clerk of Courts
Ex-off~c~o to Board:of~
By: Ellie Hoffman,
Deputy Clerk