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Ordinance 2009-45 '1m d ~~ (~ ;'~ i ' ~ /'G<<, ~ <'~ ~(".< <. ( .' :> .... Ij -<,' <; ..? \. "7" . -t" or'\.J ,,' , , ." f \; ',,"", /ft' L,\\..j'.' 0 ORDINANCE NO. 09-~ -(~~g, .', (1'0 /'. .... ~ 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 :$' . " ... ;'Io~ ~ ~, ..... <";:) . BY: DONNA FIALA, Chairman "', Approved as to form and legal sufficiency: It-~ 7. wQ~ +:'rHeidi Ashton-Cicko Assistant County Attorney This ordinance filed with the Land Use Section Chief Secretory of SVffice theft QZi. day of , c9Qd and _Iedgeme~ tho. fili$~ day of ~L~ . 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' -V' .' ,(':: . . -{' .- ~ to~IJ,( ~ ~~- .... . l:, , , - By: Ann Jennej Oh~L '. .', , Deputy Clerk ~. ., ~"" . , ~:< ',:::4'",