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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 ' 'ncm rrh hl_d 'hi h M r I' tali ! ri ' ' n - n [ il h ' r h in m wh' ' ' i h n 5 - 0e ' · 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.. .. ~. · , .. .... ~ ...