BCC Minutes 11/27/1990 S · ~... Naples, Florida, November 27 1990
~T IT BE REMEMBE~.~D, that the Board of County Commissioners in
for the County of Collier, and also acting as the Board of Zoning
and as the governing board(e) of such special districts as
been created according to law and having conducted business
met on this date at 6:20 P.M. in SPECIAL SESSION in Building
'~of the Government Complex, East Naples, Florida, with the
ll~wing members present:
~. CHAIRMAN: Max A. Hass~, Jr.
VICE-CHAIRMAN: Michael J. Volpe
Richard S. Shanahan
Burr L. Saunders
Anne Goodnight
'ALSO PRESENT: E/lie Hoffman and. Wanda Arrighi, Deputy Clerks;
l'Dorr~ll, County Manager; Ron McLemore, Assistant County Manager~
Pike, Assistant to the County Manager; Ken Cuyler, County
Mark Lawson, Assistant County Attorney; David Pettrow,
Services Director; Mike Arnold, Utilities Administrator;
Fred Bloetscher, Assista'~t Utilities Administrator; Ron Cook,
llties Finance Director; Wayne Arnold, B~11 Hoover, and Phillip
, Planners~ and Deputy Byron Tomlinson, Sherifffs Office.
Page !
November 27, 1990
90-86, COLLIER COU~'Y REGIONAL WATER SYSTEW IWPACT
notice having been published in the Naples Daily News on
5, 6 a~d 21, 1990, as evidenced by Affidavits of Publication
with the Clerk, public hearing was opened to consider an ordi-
be known as the Collier County Regional Water System Impact
~ce.
ities Administrator Arnold stated that Items 3A and 3B relate
y to water and sewer impact fee ordinances and requested
they be heard as companion items.
,Mr. Arnold advised that this ts the second public hearing with
to the Water and Sewer Impact Fee Ordinances. He indicated
?.he would like to highlight the ordinances and address some of the
ssues of concern that have been expressed in the past.
Mr. Arnold explained that the current ordinance for Water and
Impact Fees was adopted tn 1986, and there have been amendments
the past 4 years. He noted that the purpose of the amendments
are several fold. He reported that additional master
and expansion of the Districtts boundary expands the area
impact fees will be collected. He related that all the mecha-
s~s are tn place to go through the refinement of the ordinances. He
Lnted out that these ordinances do not contemplate an Increase tn
'and sewer Impact fees that are currently tn place. He affirmed
a rate study ts presently underway and staff will be bringing the
to the Commission in 1992.
· " Arnold stated that these ordinances were presented to the
County Planning Commission on November 1, 1990, and have
approval, but suggested that some means be provided for
.g of impact fees for owner/occupied mobile homes which are
mobile home rental parks.
'Arnold reported that the main provisions tn the ordinance are
the fees are to be imposed; the means of payment and
Page 2
November 27, 1990
le~tlon of fees, Including the financing of same, if applicable;
.use of those fees by the County; a means for an alternative fee
; exemptions, including affordable housing; refund of fees;
~per credits for fees; liens for unpaid fees; and appeal/review
Mr:,-Arnold advised that when impact fees are collected, they are
laced in an impact fee trust account and they accrue until such time
latlthe County is ready to contract for a major facility. He noted
more money that Is on hand in this account, reflects in the
.ess amount that has to be borrowed to make up the difference.
Mr. Arnold stated that there were several speakers at last week's
hearing. He noted that one speaker requested an exemption from
fees, on the basis of being a prior customer of the City of
He related that the property in question ts the Gulf Gate
He revealed that a provision has been included in the ordi-
~lance to address this rec.uest: exempt properties that have been per-
prior customers of the City of Naples.
Commissioner Volpe ques'tioned whether a presently undeveloped por-
iOn'of the Gulf Gate Plaza comes on line for development in the
would be required to pay impact fees. Mr. Arnold replied in
'affirmative.
..Arnold called attention to a provision in the ordinance
to affordable housing and the exemptions for same. He indt-
:-that the language is basically, that if the Board deems it
,opriate to allow exemptions for impact fees for affordable housing
those fees would need to be paid from the General Fund into the
Trust Account.
Did reminded that the staff met with the representatives
the Cricket Lake Apartments, since they thought they should be
~t from fees. He stated that there are provisions in the ordi-
for ex~sting affordable housing projects to qualify for exemp-
. He ind~cated that the dollar amounts in the ordinance iea
'decision that will need to be addressed by the Commission. He
Page 3
November 2?, 1990
that the dollar amounts associated with the housing that
for exemptions be left as they are, and that these be
~fleCtsd tn all the impact fee ordinances.
Saunders questioned whether Cricket Lake meets the
iterta to qualify for exemptions, to which Mr. Arnold replied that
does not believe that they would qualify since their rents are
the threshold amounts as set tn the ordinance.
In answer to Commissioner Shanahan, Mr. Arnold advised that the
amounts are included as an attachment to the ordinance and
may easily be changed by amendment when the Commission makes a
n as to what those dollar amounts should be.
Mr. Arnold disclosed that the financing of impact fees was
~d at great length at last week's public hearing. He presented
of "Proposed Revisions to the Sewer Impact Fee Ordinance"
not provided to the Clerk's Office). He indicated that these
are identical
.v, the water and sewer impact fee ordinances.
Mr, Arnold stated that he received a letter from a gentleman,
g that the County float a bond issue to borrow the money. He
that staff's concern ts that a bond issue would add tremen-
costs since it would be 2 to 3 times more than the pay-as-you-go
Arnold advised that Staff has looked at a number of different
to"~r°vtde a source of funding for Impact fees. He explained
bond counsel recommends that a commercial paper be set up whereby
of credit would be used as the mechanism to set up the
g of Impact fees. He noted that tn order to avoid what could
tremendous administrative load, staff is proposing that a
arrangement be entered into with the bank or the lending
to' administer this. He indicated that staff has still tied the
option to some demonstration by the applicant of a hardship
to pay, but is not recommending a carte blanche
of impact fees for everyone that requests same.
Mr'~~ Arnold explained that the ordinance also proposes that those
· 1 08
Page 4
November 2?, 1990
.~hat total less than $6,000 may be approved by with the discre-
.of the Utilities Administrator on a case-by-case basis. He noted
i$6~000 ia the approximate amount that would equate to the fees
to a four-plex.
answer to Commissioner Volpe, Assistant County Attorney Lawson
.that the utilization of outside assistance would relate to the
agreement~, i.e. large mobile home parks.
.~following persons spoke in opposition to the proposed ordinan-
iKathy Sltngo (Cricket Lake Apartments)
Davis (Cricket Lake Apartments)
CDanieile Davis (Cricket Lake Apartments)
,Ken Dunne
Segraves
Bishop ~'~
Beyrent
,Don Sharp (Moorhead Manor Mobile Home Park)
John Brugger (Cric!r~t Lake Apartments & Moorhead Manor)
Bruce Anderson
lope Miller (Blue Sky's Co-op Inc.)
persons speaking tn opposition to the proposed ordinance,
.the following: sewer impact fees will result in increasing ten-
s to the residents of low rental apartment complexes;
County residents will not be receiving salary increases to
the increased amounts in rents; Cricket Lakes rentals are less
.th:°S~. of other affordable housing communities but will be unable
ontinue to provide low cost housing if the proposed impact fees
mposed, and therefore request a full exemption; if exemption is
to Cricket Lake, a request is being made for a ?-lO year
schedule at a modest interest rate; the schedule in the ordi-
to affordable housing rents is unrealistic; there
be a 20 year bond issue for the larger Impact fees, i,e. mobile
countries; suggestions made to utilize a bond issue for impact
since this would be the fairest and most e~ttable way to give
[;?~ayer An Collier County the choice of how they would like to
impact fees; septics have been satisfactory for many years
'" :;'.' 07
, .... Page
November 2?, 1990
the'.utilization of the 8ewer system and the Impact fees will nags-
affect many residents; the taxpayers of Collier County should
-required to pay for catch up due to inadequate infrastructure;
'of the citizens of Collier County are unable to pay these costs
limited finances; financing should be made available for as
as. possible; provisions for impact fee credit should be given for
line extension from the Pine Ridge Road alignment at Airport
Interstate 75; the fee ts not an equal amount for everyone;
~the case of Moorhead Manor Mobile Home Park where the lines are
run and only one hookup needs to be made, a charge for one
should be required not everyone individually; some properties
inot have the ability to acquire a second mortgage; and Affordable
should be exempt.
Tom Hart, representing IRT Property Co., the owners of
:Gate Plaza stated that he and Mr. Ingram, represent th~ Gulf
iSouth Plaza which is a part of the same property. He read the
.ptton Into the record as follows: Lots 37 and 38, Naples
Truck Company's Little Farms #2, Plat Book l, Pages 26 and
? He noted that at the last public hearing, two weeks ago, he
opposition to the proposed ordinance, but after meeting with
he Is now satisfied and appreciates their help and cooperation.
;"Assistant County Attorney Lawson called attention to the proposed
Iv~stons, Paragraph A§, and noted that this provision is one which
Hartke existing building structures and applicable Improvements
fall into because the City of Naples and the County have recon-
the service to that particular project.
L. N. Ingram reiterated that this project is one that has had
.service for over 20 years and is connected to the Municipal
iSYstem of the City of Naples. He explained that if the
adopts Staffts suggestions, his problem will be alleviated.
~s:"lttclle= 7:40 P.M. - Reconvened= 7:50 P.M. mt which
'::/'a~ll ]3~t"y Clerk Arr~gh! raplac~l l~put~Z Clerk Hoffm~n ese
~m~oo~oner Shmnahan moved, seconded by Comu~ss~onsr Smundsrs end
~d~'tu~n~ly, that the public hearing be cloeed.
Shanahan moved, eeconded by Commiesioner Goodnlght,
j~he proposed ordinance be adopted with a five year time period
for financing ~nd direct staff to obtain
County Attorney Lawson questioned if the motion included
proposed to which Commissioner Shanahan responded that
are'..iincluded. Mr. Lawson pointed out that on page 3 after the
the following words should be added "approved by the Board
will avoid the consequences of improper delegation.
Shanahan amended hie motion to Include the requeeted
dl~froaMr. Law. on, eeconded by Commissioner Goodntght, and carried
thereby adopting the Ordinance as numbered and titled
· ubJect to the addition of a five year time period provided for
direction to ,Itaff to obtain a written dsterltnatlon ms to
of ftn~ncing legally available to the County, and the added
to pe~ S of the revisions "approved by the Board and", and
Into Ordinance Book No.
ORDINANCE 90-86
[. AN ORDINANCE TO BE KNOWN AS THE COLLIER COUNTY REGIONAL WATER
~;SYSTEM IMPACT FEE ORDINANCE; PROVIDING DEFINITIONS, RULES OF
~ION; PROVIDING FINDINGS; PROVIDING FOR IMPOSITION OF
i.~'I~EGIONAL WATER SYSTEM IMPACT FEES; PROVIDING FOR PAYMENT AND USE
"'OF MONIES; ALLOWING ALTERNATIVE FEE CALCULATION; PROVIDING FOR
EXEMPTIONS; PROVIDING FOR COLLECTION OF IMPACT FEES UPON CHANGES
IN SIZE AND USE; PROVIDING FOR AFFORDABLE HOUSING EXEMPTION AND
AFFORDABLE HOUSING REIMBURSEMENT; PROVIDING INTEREST TO BE PAID ON
CERTAIN REFUNDS; PROVIDING FOR DEVELOPER CONTRIBUTION CREDIT;
~ PROVIDING FOR PAYMENT AND COLLECTION OF WATER SYSTEM IMPACT FEES;
'" PROVIDING FOR REVIEW HEARINGS; REQUIRING ANNUAL REVIEW; PROVIDING
FOR REPEAL OF PRIOR ORDINANCES RELATING TO SYSTEM DEVELOPMENT
~.CHARGES; DECLARING EXCLUSION FROM ADMINISTRATIVE PROCEDURES ACT;
-'.PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING AN EFFECTIVE
'DATE.
NO. 90-B?, AN ORDINANCE TO BE KNOWN AS THE COLLIER COUNTY ~Y~TEM IMPACT FEE ORDINANCE - ADOPTED AS A~ED
notice hav~ng been published tn the Naples Dai~y News on
5, 6, and 21, ~990, as evidenced by Affidav~ts of Publication
'.-~' ": ~'~ '~'"' "'"~' November 27, 1990
.th.the Clerk, public hearing was opened to consider an ordt ._
as the Collier Count¥.~egtonal Sewer System Impact
hence, ·
discussed as part of Item #3A as noted above.
Shanahan ~oved, seconded by Co--lsstoner 8sunders ~nd
unanimously, that the public hearings be closed.
Co~dsslone~ Shanahan ~oved, seconded by Co~ratsstoner aoodntght,
unanimously, that the $~r Systea I~pact
as numbered and titled
tt~ p~riod provided for financing, direction to staff to
a wrttt~n determination as to the extent of financing legally
.lible to the County, and the added words to p~ge 3 of the revt-
approved by the Board ~nd~, and entered into 0rdtnamca Book No.
ORDINANCE 90-8?
AN ORDINANCE TO BE KNOWN AS THE COLLIER COUNTY REGIONAL SEWER
IMPACT FEE ORDINANCE; PROVIDING DEFINITIONS, RULES OF
; PROVIDING FINDINGS; PROVIDING FOR IMPOSITION OF
REGIONAL SEWER SYSTEM IMPACT FEES; PROVIDING FOR PAYMENT AND USE
OF MONIES; ALLOWING ALTERNATIVE FEE CALCULATION; PROVIDING FOR
EXEMPTIONS; PROVIDING FOR COLLECTION OF IMPACT FEES UPON CHANGES
IN SIZE AND USE; PROVIDING FOR AFFORDABLE HOUSING EXEMPTION AND
AFFORDABLE HOUSING REIMBURSEMENT; PROVIDING INTEREST TO BE PAID ON
CERTAIN REFUNDS; PROVIDING FOR DEVELOPER CONTRIBUTION CREDIT;
PROVIDING FOR PAYMENT AND COLLECTION OF SEWER SYSTEM IMPACT FEES;
PROVIDING FOR REVIEW HEARINGS; REQUIRING ANNUAL REVIEW; PROVIDING
FOR REPEAL OF PRIOR ORDINANCE RELATING TO SYSTEM DEVELOPMENT
".CHARGES; DECLARING EXCLUSION FROM ADMINISTRATIVE PROCEDURES ACT;
PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING AN EFFECTIVE
DATE.
NO. 90-88, AMENDING THE ZONING REEVALUATION ORDINANCE
(90--2S) TO PROVIDE AN EXEMPTION FOR THE URBAN DESIGNATED AREAS OF
AND PLANTATION ISLAND - ADOPTED
al. notice having been published tn the Naples Daily News on
~.5,.. 6, and 21, 1990, as evidenced by Affidavits of Publication
.th~the Clerk, public hearing was opened to consider an ordi-
g the zoning reevaluation Ordinance (90-23) to provide an
· the urban designated areas of Copeland, Chokoloskee and
.on.is/and.
~larme.r'cacchione stated.that the proposed ordinance ts to amend
Page 8
November 2?, 2990
ng~Reevaluatlon Ordinance in order to provide an exemption for
of Copeland, Chokoloskee and Plantation Island. She
:.that this item had been heard on November 13, 2990 and this ts
and f~nal public hearing. She reported that Staff recom-
IrOval. .;
fold,Hall, Administrative Coordinator for Everglades City,
'he has been asked by the. Ma¥or~ the Council, the Chamber
e,-and the Plantation Is/and Property Owners Association to
t~e Commissioners for their support on this Item.
Manager Dorrtll reported that a parcel of land near
Island has a portion of Its land tn the urban area with
.... ihome zoning and questioned if this portion would be affected by
5rdtnance? Ms. Cacchtone clarified that the parcel would remain'
~ es is with the 20 feet zoned mobile home park and the remainder
A-2. She noted that this is a legal non-conforming lot.
~oodntght ~oved, eeconded h~ Comiesioner Shan~han
unanl~usly, that the public hearing be closed.
[O~seloner Goodntght ~vsd, seconded b~ Comtsstonsr Sh~nahan
unani~ously, that the ordinance as numbered and t~tled
be ~dopted and entered into Ordinance Book No.
ORDINANCE 90-85
~AN ORDINANCE AMENDING ORDINANCE NO. 90-23 KNOWN AS THE COLLIER
COUNTY ZONING REEVALUATION ORDINANCE; AMENDING SECTION 2.4,
EXEMPTIONS; PROVIDING AN EXEMPTION FOR THE URBAN DESIGNATED AREAS
OF COPELAND, CHOKOLOSKEE AND PLANTATION ISLAND AS IDENTIFIED ON
THE FUTURE LAND USE MAP; RENUMBERIN~ SECTION 2.4.? AND 2.4.8;
PROVIDING FOR LIBERAL CONSTRUCTION AND SEVERABILIT¥ AND PROVIDING
~.FOR AN EFFECTIVE DATE.
NO. 90-89, TO BE KNOWN AN THE COLLIER COUNTY AFFORDABLE BONUS ORDINANCE - ADOPTED
Legal notice having been published in the Nap/es Daily News on
~te~ber 17, 2990 and November 6 and 20, 2990, as evidenced by
Jcl 'Publication filed ~lth the Clerk, public hearing was
:consider an ordinance to be known as the Collier County
Housing Density Bonus Ordinance.
November 2?, 1990
and Urban Improvements Director Shreeve noted that the
~Ct' Item has been presented previously at a night hearing and has
#o~k~hopped and the proposed ordinance ts a result of the recom-
requested.
Nerrtll, consultant for Affordable Housing, stated that a
has been added to 4.25 regarding leasing with an option to
chase. He noted that under Section ? of the Affordable Housing
~it¥ Rating System it has been distinguished between owner occupied
':' rental and single family versus multi-family as requested by
Board. He pointed out that Table A has been changed to reduce the
'nmsber, and moderate income for rental housing has been removed
only for owner occupied single family housing.
[-': Commissioner Vclpe questioned that in the coastal urban fringe
maximum number of Affordable Housing units that could be
be four units an acre to which Mr. Shreeve confirmed.
,~':'Merrtll. li~..noted th~.t tn Section 8. ! there was cleanup language
=egardtng how changes to an agreement for Affordable Housing
i~l.be made. He commented that in Section 8.1.3 it ts reflected the
types of units between single family versus multi-family and
occupies versus rental. He pointed out that tn Section 8.1.9
· was added regarding a ~ten provision if it ts found that the
tS~ibutlt under Affordable House were not used as such.
Commissioner Volpe questioned if there ts a method where if a
~er chooses not to provide affordable housing tn his develop-
the developer can be requested to make a contribution to a
trust fund or something similar? Mr. Shreeve noted that an
It~lance for this ts tn the process of being developed.
D. Donovan, Vice Chairman of the Board of Affordable Housing
$ottthwest Florida, Inc., stated this ordinance w~ll be a large step
td~ng for the existing and future needs of the County for
Housing. He pointed out that this will encourage home
representing Collier United for Rights and
:;i. I 12' ,0
': .'~ November 2?, 1990
'stated that they are'tn support of the proposed ordinance
Arthur Davis, speaker, questioned what exactly are low Income and
Irate income rents. Mr. Shreeve responded that for the /ow income
two people tn the family the rent would be less than $542
and for the moderate income level it would be $690 per
Goodntght ~oved, seconded by Co~-mtssioner Shanahan
~rTtednnantBously, that the public hearing be closed.
C°m~ssioner Volpe ~oved, seconded by Comissioner Shanahan and
unan~rasly, that the Ordinance as nmabered and titled below
·nd entered into Ordinance Book No.
ORDINANCE 90-89
: i' AN ORDINANCE TO BE KNOWN AS THE COLLIER COUNTY AFFORDABLE HOUSING
DENSITY BONUS ORDINANCE; PROVIDING FOR FINDINGS; PROVIDING FOR
SHORT TITLE, AUTHORITY AND APPLICABILITY; PROVIDING FOR INTENT,
PURPOSE AND MINIMUM REQUIREMENT; PROVIDING DEFINITIONS; PROVIDING
FOR RULES OF CONSTRUCTION; PROVIDING FOR THE AFFORDABLE HOUSING
DENSITY BONUS PROGRA~|, PROVIDING FOR THE AFFORDABLE HOUSING
DENSITY BONUS RATING SYSTEM; PROVIDING FOR LIMITATIONS OF THE
AFFORDABLE HOUSING DENSITY BONUS; PROVIDING FOR THE AFFORDABLE
HOUSING DENSITY BONUS MONITORING PROGRAM; PROVIDING FOR VIOLATIONS
AND ENFORCEMENT, INCLUDING NOTICE, CRIMINAL ENFORCEMENT AND CIVIL
ENFORCEMENT; PROVIDING FOR LIBERAL CONSTRUCTION AND SEVERABILITY;
PROVIDING FOR AN EFFECTIVE DATE.
NO. 90-90, RE P~TITION ZO-90-19, AN ORDINANCE AMENDING
NO. 82-2, THE COMPREHENSIVE ZONING REGULATIONS FOR THE
AR~A OF COLLIER COUNTY, SECTION ~4.2 AND 14.3 NOTICE
Legal notice having been published tn the Naples Dally News on
6 and 2~, 1990, as evidenced by Affidavits of Publication
'with the Clerk, public hearing was opened to consider Petition
an ordinance amending Ordinance No. 82-2, the Comprehensive
~g/Regulattons for the Unincorporated Area of Collier County,
~da, by amending Section 14.2 and Section ~4.3.
.Attorney Cuyler pointed out that this is the second public
a~ing for this Item and requests that it be voted on tonight.
Shanahan called attention to the fact that the CCPC
approved the petition by a vote of 9/0.
Saundere ~oved, seconded by Co~atesioner Shanahan and
Page
tlmt the public .he~rlng be c3o~ed.
Shanahan ~ov~d, meconded
~~ ~ ~ntered into Ordtn~ce ~ok No. 41:
O~XN~CE 90-90
.~ 0RDIN~CE ~ENDING ORDINANCE NO. 82-2, THE COMPREHENSIVE ZONING
;REGULATIONS FOR THE UNINCORP0~TED AREA OF COLLIER COUNTY~
~ORIDA, BY ~ENDING SECTION 14.2, "NOTICE GENERALLY" TO CHANGE
;~THE TITLE OF THE SECTION T0 "NOTICE ~ERE ESTABLISHHENT OR
~E~ME~ OF A REGULATION AFFECTS THE USE 0F LAND", TO CHANGE THE
· ~ PLA~ING CO~ISSION NOTICE REQUIREHENTS TO INCLUDE THE
:~?~ ESTABLISHHENT 0F REGULATIONS AFFECTING THE USE OF LAND AND TO ADD
' BO~D OF COUNTY CO~ISSI0N PUBLIC NOTICE AND HEARING REQUIREHENTS
. P~SUA~ TO STATE STATUTE; BY AMENDING SECTION 14.3 "NOTICE ~ERE
~,"** PROPOSED ~END~ENT ~OULD CHANGE ZONING CLASSIFICATION 0F LAND" T0
' ADD DEFINITION OF THE TERH "SITE SPECIFIC REZONE", T0 CLARIFY
.HOTICE REQUIREMENTS FOR SITE SPECIFIC REZONES AND TO ADD SEPARATE
· PUBLIC NOTICE REQUIREMENTS FOR COHPREHENSIVE REZONINGS I~0LVING
LESS T~N FIVE PERCENT (5~) OF THE TOTAL LAND AREA OF COLLIER
;'~:' COU~Y AND TO MODIFY NOTICE REQUIREMENTS FOR COMPREHENSIVE
REZONINGS I~0LVING FIVE PERCENT (5~) OR HORE OF THE TOTAL LAND
A~A OF COLLIER COUNTY TO REFLECT STATE STATUTORY NOTIFICATION
UIRENENTS~ BY PROVIDING FOR CONFLICT AND SEVE~BILITY; AND BY
~ EFFECTIVE DATE.
ZO-00-~5 & S0-90-- - GO~t~ TO ~2--12.-00
'~oot~F S~derm ~, meconded ~ Con/mmto~r S~ ~d
,*?~ c~t~ ~t11 ~ce~r 11, 1990 mt 5=05 P.M.
~','~.
being no ~ur~her business
ng was adjourned b~ Order of the Chair - Time: 9:00 P.M.
BO~D OF COU~Y CO~XSSZONKRS
... BOARD OF ZONING APP~LS/EX
...OFFICIO GO~ING* BO~D(S) OF
SPECIA~ DISTRICTS U~ER ITS
: ~ ,-- ~ '~ · .~::CONTROL
Board on~
~ or as corrected .
. .
.... Page