Backup Documents 09/15/2009 Item #17B
COLLIER COUNTY FLORIDA (i) 178 1'"
REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS
To: Clerk to the Board: Please place the following as a:
XXX Normal legal Advertisement o Other:
(Display Adv., location, etc.)
**********************************************************************************************************
Originating Dept/ Div: Comm.Dev.Serv./Comprehensive Planning Person: Marcia R. Kendall Date: 8m/~
1"/
Petition No. (If none, give brief description): CPSP-2008-6 Remedial Amendment of the Capital Improvement Element of the Growth
Management Plan
Petitioner: (Name & Address): N/A
Name & Address of any person(s) to be notified by Clerk's Office: (If more space is needed, attach separate sheet) N/A
Hearing before XXX BCC BZA Other
Requested Hearing Date: September 15, 2009 Based on advertisement appearing 10-5 days before hearing.
Newspaper(s) to be used: (Complete only if important):
XXX Naples Daily News Other o Legally Required
Proposed Text: (Include legal description & common location & Size: See Attached
Companion petition(s), if any & proposed hearing date: N/A
Does Petition Fee include advertising cost? x Yes 0 No If Yes, what account should be charged for advertising costs: 111-138317-
649100-00000 ~aOOlooq73 -Aa-t~ O<e~77~
ReN~ Appmve by,
f 8-/0-09
Department Directo Date County Manager Date
List Attachments: Advertisement Request and Map
DISTRIBUTION INSTRUCTIONS
A. For hearings before BCC or BZA: Initiating person to complete one copy and obtain Division Head approval before
submitting to County Manager. Note: If legal document is involved, be sure that any necessary legal review, or request
for same, is submitted to County Attorney before submitting to County Manager. The Manager's office will distribute
copies:
o County Manager agenda file: to o Requesting Division o Original
Clerk's Office
B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office, retaining a copy for file.
***********************************************************************************************************
FOR CLERK'S OFF1CE U~' r. Date Advertised: ~ q...
Date Received:, 6 Date of Public hearing: 9 L (S t [; '(
q!'1'oOJ
.. ,
^._~'" .......4~ ~,.."""..... """""'W<r" '\'I'" W" ..-"""",-..-...",,~... . """""_,_0 -- ...--,-,,--,..~~." .. ~_.. -._.._~._.."..... -,_._..~--
178
September 15, 2009 Board of County Commissioners Public Hearing
AdvertisinQ Reauirements
Please publish the following Advertisement and Map on Fridav. SeDtember 4. 2009
and furnish proof of publication to the attention
of Marcia Kendall in the Comprehensive Planning Department, 2800 North Horseshoe
Drive, Suite 400, Naples, Florida 34104. The advertisement must be placed in that portion
of the newspaper where legal notices and classified advertisements appear.
Please reference the followinCl on ALL Invoices:
DEPARTMENT: COMPREHENSIVE PLANNING
FUND & COST CENTER: 111-138317-649100-00000
PURCHASE ORDER NUMBER: 4500100973
. ACCOUNT NUMBER 068778
1
"..~..." """e .."""._,<~_..", 4 ~4 .
l?B
NOTICE OF INTENT TO CONSIDER ORDINANCE
Notice is hereby given that on Tuesday, September 15, 2009 in the Boardroom, 3rd Floor,
Administration Building, Collier County Government Center, 3301 E. Tamiami Trail, Naples,
Florida the Board of County Commissioners will hold a public hearing to consider the adoption
of the following County Ordinance for an Amendment to the Collier County Growth Management
Plan. The meeting will commence at 9:00 A.M.
The purpose of the hearing is to consider the adoption of an amendment to the Capital
Improvement Element of the Growth Management Plan. The ORDINANCE title is as follows:
ORDINANCE NO. 09- -
AN ORDINANCE AMENDING ORDINANCE NO. 89-05, AS
AMENDED, THE COLLIER COUNTY GROWTH MANAGEMENT
PLAN FOR THE UNINCORPORATED AREA OF COLLIER
COUNTY, FLORIDA BY PROVIDING FOR A REMEDIAL
AMENDMENT TO THE CAPITAL IMPROVEMENT ELEMENT
RELATING TO PUBLIC SCHOOLS, PROVIDING FOR
SEVERABILITY, AND PROVIDING FOR AN EFFECTIVE DATE
All interested parties are invited to appear and be heard. Copies of the proposed Growth
Management Plan Amendment are available for inspection at the Collier County Clerk's Office,
4th floor, Administration Building, Collier County Government Center, East Naples, Florida; and
at Comprehensive Planning Department, 2800 N. Horseshoe Drive, Naples, Florida between
the hours of 8:00 A.M. and 5:00 P.M., Monday through Friday. Any questions pertaining to the
document should be directed to the Comprehensive Planning Department. Written comments
filed with the Clerk to the Board's Office prior to Tuesday, September 15, 2009, will be read
and considered at the public hearing.
If a person decides to appeal any decision made by the Board of County Commissioners with
respect to any matter considered at such meeting or hearing, he will need a record of that
proceeding, and for such purpose he may need to ensure that a verbatim record of the
proceedings is made, which record includes the testimony and evidence upon which the appeal
is to be based.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
DONNA FIALA, CHAIRMAN
DWIGHT E. BROCK, CLERK
By: IslPatricia Morgan
Deputy Clerk (SEAL)
2
,~..".._......- ,.--~-- ---.- --~-
178
f /'~~:\ , ~ 1__)) <,::\///
i \ \ <<".---' if
~~U
ORDINANCE NO. 09-_
AN ORDINANCE AMENDING ORDINANCE NO. 89-05, AS AMENDED,
THE COLLIER COUNTY GROWTH MANAGEMENT PLAN FOR THE
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.
.,'-~... . - ~~O_'~""_
1?8
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: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA
BY: BY:
, Deputy Clerk DONNA FIALA, Chairman
Approved as to form and legal sufficiency:
Heidi Ashton-Cicko
Assistant County Attorney
Land Use Section Chief s{""> ,i
,.\,'
,,-- - .- ,;",. ..- . u .... --"....,~,.._.-.... --- --..'" --
1-
Ji ? 8.
~(;~\ .~ \"\ /7
Exhibit A r ( . r' i:: ':!) )"(
'.:) , !;
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, Gf 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 at
each year. AR': 8RE! ell eft sit8 iFR811'8V8FR8Rts 88S88iat8E! witR Rew s8R981s eRE! S8R991 8)(88R8isRs
sRell 88 t"'8 s918 r8s89Rsi8i1it,' sf t"'8 Celli8r Gels/At'l i@Reel ieera ls/R188S Cslli8r C€lWRt': eRa tR8
C811ier CewRl'/ i@Re91 i88ra e~rQ9 t9 8R 8It9rR8ti':8 fl,lRaiR~ R198R8RiSR1. 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 ~ facilities and services. iR@lwE!iR~ r8€1wisit8 8ft sits im811'8'.'eR18Rts. are in
place at the time a final site development plan, final plat or functional equivalent is approved; or
B. The necessary ~ facilities and services. iR81l,lE!iR€I r8€1wisit8 8ft sit8 iR18r9':8R18Rts. 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, final plat or functional equivalent; or
C. The necessary ~ facilities and services, iRslwE!iAE;! r8€1wisite 9ft sit8 iR18rSl..'8R18Rts, 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 ~ facilities and services. iR@li!lIE!iR~ re€lwisite 9ft sit8 iFR8r9VeFR8Rts. 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.
'-~" "..' '"'-'-"-""~;,,, _".............. '<~".._"'.'"""-~..-....._,,,,.. - _n ,_~=
178
Acct. #068778
August 19, 2009
Attn: Legals
Naples Daily News
1075 Central Avenue
Naples, Florida 34102
Re: CPSP-2008-6: Amendment of the Capital Improvement Element of the
Growth Management Plan
Dear Legals:
Please advertise the above referenced notice on Friday, September 4, 2009 and
also again on the following Wednesday, September 9,2009. Please send the
Affidavit of Publication, in triplicate, together with charges involved to this
office.
Thank you.
Sincerely,
Martha Vergara,
Deputy Clerk
P.O. #4500100973
.. . ""''''''''__''Ifill . . - Ill..j '''11I'._ "'.__""__.'~__'~~_"~___'''''m_c_p_, ,,__"""'''''''"__
Ji ",-" -~
.', ,yo'- ,. -';
k "
1/ '..,
September 15,2009 Board of County Commissioners Public Hearing
Advertisina Reauirements
Please publish the following Advertisement and Map on Fridav. September 4. 2009
and Wednesday. September 9. 2009, and furnish proof of publication to the attention
of Marcia Kendall in the Comprehensive Planning Department, 2800 North
Horseshoe Drive, Suite 400, Naples, Florida 34104, and to the Boards Minutes and
Records Department, 3301 Tamiami Trail E., Naples, Florida 34112. The
advertisement must be placed in that portion of the newspaper where legal notices and
classified advertisements appear.
Please reference the followina on ALL Invoices:
DEPARTMENT: COMPREHENSIVE PLANNING
FUND & COST CENTER: 111-138317-649100-00000
PURCHASE ORDER NUMBER: 4500100973
ACCOUNT NUMBER 068778
1
."""'~._--- "-""'-'''''- ~..,", ~-'".>'" .,...,. "l"~'____'" ti V" -v---"'''';"...,_''''___.,.....__,_.,..~.^.-__""._..__~__....___~.~____
179
NOTICE OF INTENT TO CONSIDER ORDINANCE
Notice is hereby given that on Tuesday, September 15, 2009 in the Boardroom, 3rd Floor,
Administration Building, Collier County Government Center, 3301 E. Tamiami Trail, Naples,
Florida the Board of County Commissioners will hold a public hearing to consider the adoption
of the following County Ordinance for an Amendment to the Collier County Growth Management
Plan. The meeting will commence at 9:00 A.M.
The purpose of the hearing is to consider the adoption of an amendment to the Capital
Improvement Element of the Growth Management Plan. The ORDINANCE title is as follows:
ORDINANCE NO. 09-
AN ORDINANCE AMENDING ORDINANCE NO. 89-05, AS
AMENDED, THE COLLIER COUNTY GROWTH MANAGEMENT
PLAN FOR THE UNINCORPORATED AREA OF COLLIER
COUNTY, FLORIDA BY PROVIDING FOR A REMEDIAL
AMENDMENT TO THE CAPITAL IMPROVEMENT ELEMENT
RELATING TO PUBLIC SCHOOLS, PROVIDING FOR
SEVERABILITY, AND PROVIDING FOR AN EFFECTIVE DATE
All interested parties are invited to appear and be heard. Copies of the proposed Growth
Management Plan Amendment are available for inspection at the Collier County Clerk's Office,
4th floor, Administration Building, Collier County Government Center, East Naples, Florida; and
at Comprehensive Planning Department, 2800 N. Horseshoe Drive, Naples, Florida between
the hours of 8:00 A.M. and 5:00 P.M., Monday through Friday. Any questions pertaining to the
document should be directed to the Comprehensive Planning Department. Written comments
filed with the Clerk to the Board's Office prior to Tuesday, September 15, 2009, will be read
and considered at the public hearing.
If a person decides to appeal any decision made by the Board of County Commissioners with
respect to any matter considered at such meeting or hearing, he will need a record of that
proceeding, and for such purpose he may need to ensure that a verbatim record of the
proceedings is made, which record includes the testimony and evidence upon which the appeal
is to be based.
If you are a person with a disability who needs any accommodation in order to participate in this
proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please
contact the Collier County Facilities Management Department, located at 3301 Tamiami Trail
East, Building W, Naples, Florida 34112, (239) 252-8380. Assisted listening devices for the
hearing impaired are available in the County Commissioners' Office.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
DONNA FIALA, CHAIRMAN
DWIGHT E. BROCK, CLERK
By: Martha Vergara
Deputy Clerk (SEAL)
2
-"---'--'~-'"" ----'---'- tr ,......."""__,......,~,""~._........-,_'__......___,___",_.'",_"..,,"'<_.~~~~,,__._~_<,___..._
Martha S. Vergara l?B
From: Martha S. Vergara
Sent: Wednesday, August 19, 20094:22 PM
To: 'Iegals@naplesnews.com'
Subject: CPSP-2008-6 Remedial Amendment of the Capital Improvement Element of the Growth
Management Plan
Attachments: CPSP-2008-6 (GMP 9-15).doc; CPSP-2008-6 Capital Improvement Element (GMP).docx
Legal's,
Here is an Ad to be placed.
PLEASE SEND AN OK WHEN RECEIVED.
Thanks,
Martha Vergara, Deputy Clerk
Clerk to the Board of County Commissioners
Minutes and Records Department
239-252-7240
239-252-8408 fax
(martha. verqa ra @collierclerk.com)
1
..~''''-,~-----" -_-..~ . f... ,_ i _~- __,'_,_,___,__,'-____"_","'___~......~~_"_~w.__.__
178
Martha S. Vergara
From: postm aster@collierclerk.com
Sent: Wednesday, August 19, 20094:22 PM
To: Martha S. Vergara
Subject: Delivery Status Notification (Relay)
Attachments: ATT641466.txt; CPSP-2008-6 Remedial Amendment of the Capital Improvement Element of
the Growth Management Plan
This is an automatically generated Delivery Status Notification.
Your message has been successfully relayed to the following recipients} but the requested
delivery status notifications may not be generated by the destination.
legals~naplesnews.com
1
",.",",_...,--., "-..'_,fllWl1lll - ~I l- .._____""'.,__'"..___*.."",.~,_.""'"""'___,~~,_._._......~''''~M'.__
l?B
Martha S. Vergara
From: Pagan, Emely [EPagan@Naplesnews.com]
Sent: Wednesday, August 19, 20094:57 PM
To: Martha S. Vergara
Subject: RE: CPSP-2008-6 Remedial Amendment of the Capital Improvement Element of the Growth
Management Plan
ok
--,,---= -"---,,.--------- ---"
From: Martha S. Vergara [mailto:Martha.Vergara@collierclerk.com]
Posted At: Wednesday, August 19, 20094:22 PM
Posted To: Legals - NDN
Conversation: CPSP-2008-6 Remedial Amendment of the Capital Improvement Element of the Growth Management
Plan
Subject: CPSP-2008-6 Remedial Amendment of the Capital Improvement Element of the Growth Management Plan
Legal's,
Here is an Ad to be placed.
PLEASE SEND AN OK WHEN RECEIVED.
Thanks,
Martha Vergara, Deputy Clerk
Clerk to the Board of County Commissioners
Minutes and Records Department
239-252-7240
239-252-8408 fax
(ma rtha. vergara@collierclerk.com)
Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public
records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing.
1
",,-"'- I' 'it "l ..,l -., Tl>'ll' I'll" Ill"" ~___..,,,,,,,,,,,,,,,___,,,,_"~,.,,_~,,>~,",,~"",,,,,_",,,,,,O",,",,_.",-_,"",,~~~.._.~',",.,_
178
~
. "~, -- .- ..,."
-
140 . Wednesday. September 9" 2009 · Naples DaDyNews
. NOTICE OF INTENT TO CONSIDER ORDINANCE ..
Notice is hereby given that on Tuesday, Se'ptember 15, 2009 in the Boardroom, 3rd' Floor,
Administration Building, Collier County Government Center, 3301 E. Tamiarni Trail,
Naples, Florida the Board of County Commissioners will hold a .publi~ hearing to consider
the adoption of the following County Ordinance for an Amendment to the Collier County
. ,Growth Management Plan. The meeting will comf)1ence at 9:00 A.M..
The purpose of the hearin~ is to consider the adoption of an amendment to the Capital
Improvement Element of t e Growth Management Plan. The ORDINANCE title is as fol-
lows:
ORDINANCE NO. 09-_
AN ORDINANCE 'AMENDING ORDINANCE NO. 89-05, AS AMENDED, THE COLLIER COUNTY
GROWTH MAt'JAGEMENT PLAN FOR THE UNINCORPORATED AREA OF COLLIER COUNTY,
FLORIDA BY PROVIDING FOR A REMEDIAL AMENDMENT TO THE CAPITAL IMPROVEMENT
ELEMENT RELATING TO PUBLIC SCHOOLS, PROVIDING FOR SEVERABILITY, AND PROVID-
ING FOR AN EFFECTIVE DATE
All interested parties are invited to appear and be heard. Copies of the proposed Growth
Management Plan Amendment are available for inspection at the Collier County Clerk's
Office, 4th floor, Administration Building, Collier County Government Center, .East Naples,
Florida; and at Comprehensive Planning Department, 2800 N. Horseshoe Drive, Naples,
Florida between the hours of 8:00 A.M. and 5:00 P.M., Monday throu~h Friday. Any ques- ,
tions pertaining to the document should be directed to the Compre ensive Planning De-
partment. Written comments filed with the Clerk to the Board's Office prior to Tuesday,
September 15, 2009, will be read and considered at the public hearing.
If a person decides to appeal and, decision made by the Board of Count~ Commissioners
with respect to any matter consi ered at such meeting or hearing,' he .wi I need a record
of that proceed~ng, and for'such purpose he may need to ens.ure that a ver~atim record
of the proceedings IS made, which record Includes the .testlmony and eVidence upon
which the appeal is to be based.
If you are a person with a disability who needs any accommodation in order to partici-
pate in this proceeding, you are entitled. at no cost to you, to the provision of certain as-
sistance. Please contact the .Collier count~ Facilities Management Department, located at
3301 Tamiami Trail East, Building W. Nap es, Florida 34112, (239) 252-8380. Assisted listen-
ing devices for the hearing impaired are available in the County Commissioners' Office.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
DONNA FIALA, CHAIRMAN
DWIGHT E. BROCK, CLERK
8y: Martha ver~ara
. Deputy Cler (SEAL)
Seotemher 4 9 2009 N01813217
-- .... - -,-,,,...,,,,,.',.,-."'......_.
-- "_I' nIT -,-- -..
Naples Daily News 1 ? 8
Naples, FL 34102
Affidavit of Publication
Naples Daily News
--------------------------------------------------+------------------------
BCC/COMPREHENSIVE PLANNING DEV
CLERK OF CIRCUIT CRT
S AMMERMANN/FINANCE DEPT
POBOX 413044
NAPLES FL 34101
REFERENCE: 068778 P.O. #4500100973 / M
59587538 NOTICE OF INTENT TO
NOTICE~iNTENt TO CON5tIilEll.OftIillNANCE
S tat e 0 f F lor i da NQtlctls heI:l!b~~. .... ." ..~' i. ....~_;':'i.,., ,s,ptem!l<lr 15, 2009 in the Bo.rdroom, 3rd Floor,
. Admillll,t~ I......... ,t . .....Govemmem Center, 3301 E. T.mi.ml Tr.ll,
County of Colller Nap''"- 'f'0ridli. t "lIo,Ii'd'.~' IHIoners wtfl'hOld a public ",",ring to consider
f h d . d h' the adllPtiOl!'of lhef€l1tbwlllIH:~!i!lYl_lIlna_ for an AmeAdment to the Collier County
Be ore t e un erslgne aut orl ty, persona ~...................'.Ma<la..~. .~.....!lI." "..1iblI.... .~.............l!!llIcommen..ce.at9:OOA.M.
>, I,~:><,,;~ , ' . >' ''''f.; ,ic':r;;""v.-,, i,_ _'. ':
appeared Susan Rogge, who on oath says that 'I'hi'.~. 'iIfthe~.lts~."~..'1 rthll:-)adOgtionof.n.ill....dm~ttothe.C.p1ta1
h. , d f' f Imprqvement . EI....1IQt of ~ .~...Ua"....eilt PlllI1;The OIlDllIAHCIf ~tr. Is ,liS ftIl-
serves as t e Vlce PreSl ent 0 Flnance 0 lOws: . .-
Naples Daily News, a daily newspaper publis ()R()~~~~'r'"- .. ...' ...... . '
Naples in Collier County Florida' that A.rOll~. .,~..... .'l:!IDlftAIG NO.Il!:.J!~.M.._' AM. ENDEO. THE Cot.I.IER CQUNTY
, ,. GROWTH ~~~"....r.t!YN!t'~no AW. 0]: CQWl:ll COUNTY.
attached copy of adv7rtising was published :U ~=~1..~.lN.,g~b~~.~ci6tS:~it&I~~NT~Ie't~FWl.~)~~,'~'o~~rg
newspaper on dates llsted. IINGFGRAN.WeCTtVEo~" . ..'
f f ' f h h h ' d 1 I All Intll1ll$~ parti."'ed~ to aPll!!tr and be heard, Copies of the proposed G""Vlh
A 1 an t urt e r say s tat t e sa 1 Nap e s I .Man./Mllt fll.n ~ are '_.' ble.!'or l/lspectlon.tthe ColII.r county Clerk.'s
. b l' h d 1" Office. 4th 1klor, Adln!*~ 1IU\ld!~g. Collier Coli"" lIOvernment Center, Eest N..
News lS a newspaper pu lS e at Nap es, ln' FI9ri~ and.,..tCll.e............ .......~ '.. 1IIl... 1lePa. rtrrie. ..nt,."~. '., '.' .N.HoI:sesh~ Drive,. Nap~'
. , , Florida ~n Ihf. ,<tI t.Oll i\,M.llncl '$. ~;. thrQUgh Fnday. MY ques_
Colller County Florlda and that the sald tionspertalnlllg_. ttIl!.. ../MIlt., ~.'... beclir.leclIfd.'.lOtlle irenenslvePI'f!l!Iil9.'. ne-
" pertinent. Written c~fl"w~the C~'1D .the'oard'. Office prior to TlIlItday.
newspaper has heretofore been continuously SeptltmberI5,200t.WiHbe~al\lf~red~.~~t1Ch.arlng..., ...
published in said Collier County, Florida, e ~1:'=.'~.lI!l. i;:...y.~~.........'..'. Il.~....~. S\IC~."...". ........._...r~.Ii.n~~..~.u~~~~~=~
day and has been entered as second class mai ~\':~'~'1ti'i.wf\~~~I~~~:a.~"tlt:~~~
matter at the post office in Naples, in said whlci'lthUPPhIIi~tiIIi. '.. .... .
1 . . d . d f If you .re a.pel'$llfl with. tIlMllIlltyw/>o nefi!II :en~"l"O"'l$ldetkln in order tp p.rtid-
Col ler County, Florl a, for a perlo 0 1 Y pall! 'nthlillfO'l~''!!l.yjlUare'antltkId, It ,nf';.,)'OU, 10 thejlfovi,ion of certain....
. . .. siStonce. cc>nqCt .. Cbll.... lI!l FaclIIlIIfi', oepartIftent, located It
next precedlng the flrst publlcatlon of the 330'T.m=rTrallttit,1l.tf~W~J.!~.tr.flF1orlda34112,(239)252-B380.Assis\edllsten.
. . ing devices for th.e _Ing inlPolli!t....1;<<:h1e In the County Commlsslone,,' Office.
attached copy of advertlsement; and afflant BOARDOFCQVNTY<:i:l"4~SlON.llS
further says that he has neither paid nor gg~~~~LA.~H!=
promised any person, firm or corporation any DWIGHT E. BROCK. CLERK "... "
discount, rebate, commission or refund for t By: ~'~~~:~~'~EAL) "
f . h . d' f ~ntA~.r4 q 'MQ Nn1RU'17
purpose 0 Securlng t lS a vertlsement or- ----
publication in the said newspaper.
PUBLISHED ON: 09/04 09/04 09/09 09/09
AD SPACE: 100 LINE
FILED ON: 09/09/09
-------------------------- -----------------------+------------------------
Signature of Affiant '1 C/VL fn Ill) -
Sworn to and Subscribed before me this 'I't~ day of ~VY\\'cV" 200,\
Personally known by me ~
1'2: 'AftOl E .......
! * '\ Notary Public - Stall of Florida
\~'t. Z1ii My Comm. Expires Ju129. 2013
"'::fOF"~" Commllllon /I DO 912237
"It......'
l.. ,._........ __....__.. . "., _...__._
178 -
....
MEMORANDUM
Date: September 30, 2009
To: Corby Schmidt, Principal Planner
Comprehensive Planning Department
From: Teresa Polaski, Deputy Clerk
Minutes & Records Department
Re: Validated Ordinance 2009-45
Attached is a copy the document as referenced above (Agenda Item #17B),
which were adopted/approved approved by the Board of County
Commissioners on Tuesday, September 15,2009.
After the Ordinance has been returned to our office from the Office of the
Secretary of State you will receive a copy of that validated ordinance.
If you have any questions, please call me at 252-8411.
Thank you.
~~<,"_._"".,.,__,,__.,.^^.,w. .._~_..._~~_,~,__,_....."_____""",____,)__......,...,...,..,_,".;__.,,'~'''''''~,_~_._w,..~ "~.,---,,,~-,-~,,_.-
178 ....
MEMORANDUM
Date: September 30, 2009
To: Larry Lawrence
Property Appraiser
From: Teresa Polaski, Deputy Clerk
Minutes & Records Department
Re: Validated Ordinance: 2009-45
Attached, for your records you will find one (1) copy of the documents
referenced above, adopted by the Board of County Commissioners on
Tuesday, September 15,2009.
If you should have any questions, please call me at 252-8411.
Thank you.
Attachments
"" ",~-",,~~,,-,'--'._- >'"';~ _ .'" l' v... __^'__"_'.._,~." .-.- -..,....-,. , ,.~-~"--_."--
178 .....
ORDINANCE NO. 09-~
AN ORDINANCE AMENDING ORDINANCE NO. 89-05, AS AMENDED,
THE COLLIER COUNTY GROWTH MANAGEMENT PLAN FOR THE
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.
._. _w._,_",,>___ .--"~.."'-, . T "--~
l?B ,
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: BOARD OF COUNTY COMMISSIONERS
DWIGHTE, ijR(l;)CK, Clerk COLLIER CO Y, FLORIDA I
~"".}~ '.' ., 1. , "
BY: ~~
DONNA FIALA, Chairman
,,('j" ...
~. 1:, ~; ~
Approved as to form and legal sufficiency:
1t-~ 7. w1~
./'or Heidi Ashton-Cicko
Assistant County Attorney
Land Use Section Chief
"~"". ~ ..... ~, . """"';','""'''''''''"'''''-.'''''''^-' _w',_".
178 ...
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, Gf 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 e:f
each year. }\I'W 8 1"1 €I 811 8ft site iR'll3f8\'8""8I"1ts 8B888i8t8€1 witR 1"18W 88R881s SI"I€I S8R881 8)(I3Sl"Isi81"18
8R811 88 tR8 8818 r88S8R8i8ilit': 8f tR8 Celli8r C8111Rt'/ aSR881 lie8Hil lllRleBB Cellier Cel!llRt': 8Rg tRe
Cellier CeI;lRt.: 581=1881 1i8emil saree te 8R elterR8ti\.'e fl!llRgiRliI ""e8t:1sl"Ii8R'1. 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.
* * * * * * * * * * ***** * * * * * .>K * * * *
Policy 5.4:
A. The necessary 8813it81 facilities and services. iR81111€liR€I r8€1l!l1isit8 8ft sit8 iR'l8f8V8FR81"1ts. are in
place at the time a final site development plan, final plat or functional equivalent is approved; or
B. The necessary 8813it81 facilities and services, iR8ll!l1€1iR€I re€ll;li8ite eft 8ite j""lilre\'eR'lel"lt8. 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 ~ facilities and services, iR81l!l1giRa f8€11;li8ite eft 8ite iR"llilfeV8R'1eRt8, 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 8sIilital facilities and services, il"l81l!l1€1iRliI f8€11;lisite eft 8ite iR"l8r8\'8R'18Rts, 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.
-'-'.- . "'....... '"'~'-"
178 ~
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"~'. Vi"~O
" . \\ '/ ?
... ,\~ ..' . J';
~ ~ oJt'tJ.( ~\
:. : ~~:1 .'
. .. ......; i "'." ')'-
. - '----....'.. ...., '.....
. ,
:, . -:-~." .."
By: Ann Jennej onn",. ". -e'. '. .~
Deputy Clerk '::,,~>~.....<.'
""..J J) (j(~f. __i'.J
""....-. , ........,,,..=,'" -- .'- ._"-,..-"-,.,....."._,...,~- "~..'-