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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'