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Backup Documents 05/22/2018 Item # 9D iviay zi, LUlts ,(� Ordinance Amending Chapter 74— 9 0 Impact Fee Ordinance .. .1 !/. . COLLIER COUNTY FLORIDA � ,,,,�, REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS xc` - To: Clerk to the Board: Please place the following as a: r ~ 'fit 'N:A XXX Normal legal Advertisement ❑ Other: (Display Adv., location,etc.) Originating Dept/Div County Attorney Person: Jeffrey A.Klatzkow,County Attorney Date: May 1,2018 Petition No.(If none,give brief description): Amending Ordinance—Chapter 74—Impact Fee Ordinance Name&Address of any person(s)to be notified by Clerk's Office:(If more space is needed,attach separate sheet) See Above Hearing before BCC BZA Other Requested Hearing date:(Based on advertisement appearing 10+days before hearing.)May 22,2018(ad to run no later than, WEDNESDAY,May 9,2018) Newspaper(s)to be used: (Complete only if important): XXX Naples Daily News ❑ Other XXX Legally Required Proposed Text: (Include legal description&common location&Size: AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING CHAPTER 74 OF THE COLLIER COUNTY CODE OF LAWS AND ORDINANCES (THE COLLIER COUNTY CONSOLIDATED IMPACT FEE ORDINANCE) BY AMENDING PROVISIONS RELATING TO THE IMPACT FEE DEFERRAL PROGRAM; CLARIFYING AND ADDING INCOME LEVEL CATEGORIES FOR CONSISTENCY; REMOVING REFERENCES TO THE COMMUNITY WORKFORCE HOUSING INNOVATION PILOT PROGRAM (CWHIP) WHICH WAS SUSPENDED BY THE FLORIDA LEGISLATURE; ALLOWING FOR THE EXTENSION OF RENTAL IMPACT FEE DEFERRAL AGREEMENTS AND THE INCREASE OF THE 225 UNIT LIMIT UNDER CERTAIN CONDITIONS;PROVIDING FOR CONFLICT AND SEVERABILITY;PROVIDING FOR INCLUSION IN THE COLLIER COUNTY CODE OF LAWS AND ORDINANCES;AND PROVIDING FOR AN EFFECTIVE DATE. Companion petition(s),if any&proposed hearing date: N/A Does Petition ee include advertising cost?❑Yes XXX No If Yes,what account should be charged for advertising costs: PO#4500181468 Reviewed b i A 1 41E, c 1 ,, Division Adni�t4i • Designee Date List Attachments r i i i sed Ordinance DISTRIBUTION INSTRUCTIONS A. For hearings befo e 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: ❑ County Manager agenda file: to ❑Requesting Division 0 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 OFFICE USE ONY: n Date Received: £'7 I Date of Public hearing: 21-- Date Advertised: `7 90 ORDINANCE NO. 2018- AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING CHAPTER 74 OF THE COLLIER COUNTY CODE OF LAWS AND ORDINANCES (THE COLLIER COUNTY CONSOLIDATED IMPACT FEE ORDINANCE) BY AMENDING PROVISIONS RELATING TO THE IMPACT FEE DEFERRAL PROGRAM; CLARIFYING AND ADDING INCOME LEVEL CATEGORIES FOR CONSISTENCY; REMOVING REFERENCES TO THE COMMUNITY WORKFORCE HOUSING INNOVATION PILOT PROGRAM (CWHIP) WHICH WAS SUSPENDED BY THE FLORIDA LEGISLATURE; ALLOWING FOR THE EXTENSION OF RENTAL IMPACT FEE DEFERRAL AGREEMENTS AND THE INCREASE OF THE 225 UNIT LIMIT UNDER CERTAIN CONDITIONS; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE COLLIER COUNTY CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Collier County has used impact fees as a funding source for growth-related capital improvements for transportation since 1985; and WHEREAS, on March 13, 2001, the Board of County Commissioners (Board) adopted Ordinance No. 2001-13, the Collier County Consolidated Impact Fee Ordinance, repealing and superseding all of the County's then existing impact fee regulations, and consolidating all of the County's impact fee regulations into that one Ordinance, codified in Chapter 74 of the Collier County Code of Laws and Ordinances (the "Code"); and WHEREAS, Collier County uses impact fees to supplement the funding of necessary capital improvements required to provide public facilities to serve new population and related development that is necessitated by growth in Collier County; and WHEREAS, Objective 1 of the GMP's Housing Element states that the County will seek to provide new affordable housing units in order to meet the current and future housing needs of Underlined text is added;Struck through text is deleted Page 1 of 18 9 0 legal residents with extremely low, very-low, low, moderate and gap incomes, including senior households and those with special needs; and WHEREAS, in furtherance of the spirit and intent of Florida State Statute 163.3177(6)(f) a, outlining, "...Principles, guidelines, standards, and strategies to be followed in the provision of housing for all current and anticipated future residents of the jurisdiction..."; and WHEREAS, on October 25, 2017 the Board accepted the Community Housing Plan; and WHEREAS,the Community Housing Plan identifies a need for additional affordable units in Collier County,especially affordable rental units; and WHEREAS, the Community Housing Plan suggested several changes to the County's current Impact Fee Deferral program to incentivize the development of additional affordable housing units; and WHERAS, the Board desires to move forward with implementation of those changes to incentivize the development of additional affordable housing units. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY,FLORIDA,that: SECTION ONE. Article IV, Impact Fee Deferral, Section 74-401, Impact Fee Deferral, of the Collier County Code of Laws and Ordinances is hereby amended to read as follows: Sec. 74-401. -Impact fee deferral. (a) Applicability. Underlined text is added;Struck-trough text is deleted Page 2 of 18 90 (1) Pursuant to the requirements established in this section and article IV,the county shall defer the payment of the impact fee for any new owner-occupied or rental development dwelling unit which qualifies as affordable housing under this article. (2) Any person seeking an affordable housing deferral fora proposed development dwelling unit shall file with the county manager an application for deferral and the deferral shall be fully executed and recorded prior to issuance of a temporary or final certificate of occupancy or payment of impact fees, . - -- _ • . •' -• _ ----- - . - • - issued between June 23, 2015 and June 23, 2016. The application for deferral shall contain the following: a. The name and address of the applicant; b. An up to date, complete legal description of the site upon which the development dwelling unit is proposed to be located; c. The maximum income level of the proposed owner or tenant, or if the owner is a developer or builder, the income level of the household to which the dwelling unit it is to be sold or provided for occupancy; d. The square footage and number of bedrooms in each dwelling unit of the development. (3) If the proposed development meets the requirements for an affordable housing deferral as set forth in this article,the county manager may,but is not required to,enter into an impact fee deferral agreement and is authorized to execute such deferral agreements along with any corresponding tri-party agreement intended to further define repayment obligations, as may Underlined text is added;S 4hrough text is deleted Page 3 of 18 9 0 be applicable, with the owner or applicant. The impact fee deferral agreement shall be accepted by the county in lieu of prompt payment of the impact fee that would otherwise then be due and payable but for the agreement. (4) Unless specifically provided to the contrary by majority action of the board, such as by an agreement or condition of development,water and sewer impact fees are fully exempt from all rental anaIP impact fee deferral programs. (b) Qualifying owner-occupied dwelling. To qualify for an affordable housing impact fee deferral, an owner-occupied dwelling unit must meet all of the following criteria: (1) The owner(s) or anticipated owner(s) of dwelling unit must have an extremely low, very low, low, or moderate-income level, at the time of final execution by the county of a deferral agreement as those income level terms are defined in section 74-402. (2) The monthly mortgage payment, including taxes and insurance, must not exceed 30 percent of that amount which represents the percentage of the median annual gross income for the applicable household category as indicated in section 74 702 74-402. However, it is not the intent to limit an individual household's ability to devote more than 30 percent of its income for housing,and housing for which a household devotes more than 30 percent of its income shall be deemed affordable if the first institutional mortgage lender is satisfied that the household can afford mortgage payments in excess of the 30 percent benchmark. (3) A dwelling unit shall qualify as "owner-occupied" if: a. written affirmation from the developer to the county guarantees that the requisite affordable housing units will be constructed, and Underlined text is added;Struck-through text is deleted Page 4 of 18 913 b. the affirmation is in effect at the date of execution of the impact fee deferral agreement by the county, and c. within six months from the date of issuance of the certificate of occupancy er-t#e • -- . . - . - . -, - - • . - ,any option to purchase is exercised and the qualifying purchaser takes ownership of the dwelling unit. (4) If the qualifying purchaser fails to purchase the dwelling unit within the six-month period, then: a. the deferred impact fee is considered in default as of the date that the fee would have been due without the deferral; and b. the applicant shall pay all of the impact fees, including delinquency fees and interest dating back to the date that the fees would have been assessed but for the deferral as provided in section 74-501. (5) The owner,or if there is more than one owner,both of the owners,must be a first-time home buyer. To qualify as a first-time home buyer, the owner must not have had an ownership interest in his/her primary residence in the past three years. (6) The dwelling unit must be the homestead of the owner(s).The owner(s)of the dwelling unit must be at least 18 years of age and must be either citizen(s) of the United States or be a legal alien who permanently resides in the United States.Proof of United States Citizenship or permanent legal residency must be established to the county's sole satisfaction. The dwelling unit must be granted a homestead tax exemption pursuant to Chapter 196, Florida Statutes. Underlined text is added;Strusle-threeugh text is deleted Page 5 of 18 0 9 0 (7) No more than 50 deferral agreements are permitted at any single time for an individual developer, or for any developments that are under common ownership. For purposes of this subsection, "common ownership" means ownership by the same person, corporation, firm, entity, partnership, or unincorporated association; or ownership by different corporations, firms, partnerships, entities, or unincorporated associations, in which a stockbroker,partner, or associate, or a member of his family owns an interest in each corporation, firm, partnership, entity, or unincorporated association. (c) Qualifying rental .. . . . .. • . . . - •. . . . . .• ; .. - • dwellings unit. (1) To qualify for an impact fee deferral, a dwelling unit offered for rent must meet all of the following criteria: a. The household renting the dwelling unit, including any rental multifamily dwelling unit, must have an extremely low, very low, of low, or moderate income level, at the commencement of the leasehold and during the duration thereof, as those terms are defined in section 74-402. b. The dwelling unit must be and must remain the household's permanent residence. The head of the household must be at least 18 years of age and must be either a citizen of the United States or be a legal alien who permanently resides in the United States. c. In no instance shall rental limits exceed the rental limits established by the Florida Housing Finance Corporation for rents adjusted to bedroom size in projects assisted under the, Florida Housing Finance Corporation or any other local, state, or federal agency, based on unit size. Underlined text is added;Sisk-through text is deleted Page 6 of 18 0 9 : .: . . . : : , : _ . . . : €ollovving-cr-ite a. The residential development must meet all requirements pursuant to F.S. § e • - n . . - .• . " - j_ . . A_ Florida. • • to F.S. ch. 196. (d) Repayment for owner-occupied units. (1) All impact fees deferred for owner-occupied dwelling units shall become due and payable and shall be immediately paid in full to the county upon: a. The sale of the dwelling; or Underlined text is added;Struck through text is deleted Page 7 of 18 0 90 b. Refinancing of the purchase mortgage or loans secured by senior real property security instruments; or c. A loss of the homestead exemption under Section 4, Article X of the State Constitution. d. The first occurrence of any sale or transfer of any part of the affected real property, and in any such event the deferred impact fees shall be paid in full to the county not later then than the closing of the sale, or not later then than the effective date of the transfer. (2) Repayment shall include any accrued interest. Interest shall be computed at the rate of five percent per annum, but no event shall it exceed 25 percent of the total fee amount. (3) Notwithstanding anything in this subsection(d)(1) of this section 74-401,the director ofthe :.• _ . . . - - . . . .. - . .., , _ • - .,• . - • • . •-• - . - .• -•. Community and Human Services Division of the Public Services Department may waive the triggering of the obligation to pay deferred impact fees due to a refinancing if the director determines that the refinancing is for improvements or repairs to the dwelling that will enhance the value of the dwelling, and is of such a nature as not to justify that the deferred impact fees should become due and payable because of the sale, transfer, or refinancing. -• , . . • . . . . . . . . . • . . . , . _ • • .• . .. . - . . - . -- . . . .n ., .. . _ . . _ - - . 4 Underlined text is added;ugh text is deleted Page 8 of 18 0 90 ": .• .1_ • • - - - • - • •- • -- -- requirements of F.S. § 420.5095, (the "-Community Workforce Housing Innovation Pilot .- . . ,et forth in F.S. § 55.03, as amended. (f) Repayment obligations. (1) Generally. The impact fees deferred shall be a lien on the property until all requirements under this article and the agreement have been satisfied. (2) Rentals. a. Annually, the owner (i.e., lessor) of a rental dwelling unit, including any multi- family rental dwelling unit, shall provide to the county manager an affidavit of compliance with the criteria set forth in this section. The affidavit must be filed within 30 days of the anniversary date of the issuance of a certificate of occupancy, or at another mutually agreed on date. If the affidavit is not filed on time the affiant shall pay to the county a$50.00 late fee. b. If the income of any unit renter which originally qualified as ,very low, of low, or moderate income level as defined in section 74-402, below, exceeds the standards set forth in subsection (c) by more than 40 percent, then the deferred impact fee shall become immediately due and payable by the owner or, in the alternative, the owner shall have 90 days to comply with the affordable housing Underlined text is added;Struck-threugh text is deleted Page 9 of 18 0 90 standards set forth in this section. Developments which are then monitored by the Florida Housing Finance Corporation,or any other state or federal agency,will not be required to file this separate affidavit of compliance with the county manager. The applicant shall provide a true copy of these monitoring reports to the County •• ... • - -• .. -'. • • . ., - - . - : Community and Human Services Division. (3) Owner-occupied dwelling units. If the household income of the qualified owner- occupied dwelling unit rises above the standards for deferrals set forth in subsection (b) of this section, the owner shall maintain the deferral. Notwithstanding the foregoing, all outstanding impact fees deferred shall be paid in full upon sale or transfer of the dwelling unit. (g) Deferral agreements. The owner receiving an impact fee deferral shall enter into a deferral agreement of impact fee agreement with the county. A separate deferral agreement shall be executed for each qualifying owner-occupied dwelling or qualifying rental dwelling development. While applicants are required to enter into a deferral agreement in order to receive a deferral of impact fees, nothing in this section requires the county to enter into a deferral agreements. The deferral agreement shall provide for, at a minimum, the following and shall further include such provisions deemed necessary by the board to effectuate the provisions of this article: (1) The legal description of the dwelling unit. (2) Where an impact fee deferral is given to an owner who will be selling or renting the dwelling unit to a subsequent purchaser or renter, the development must be sold or rented to households meeting the criteria set forth in this article in order to maintain the deferral. Underlined text is added;Stras#-t rough text is deleted Page 10 of 18 0 9 (3) For each such owner-occupied dwelling unit, the amount of impact fees deferred shall be paid to the county in full upon sale. For rental units, including any multifamily dwelling unit, the impact fees deferred shall in all events be due and payable no later than ten years after the execution by the county of the impact fee deferral agreement. Payment of deferred impact fees for qualifying rental multifamily units may be extended beyond 10 years on a case-by-case basis with majority approval by the Board of County Commissioners. Such fees shall be accelerated and thereby be automatically due and payable prior to that time period if there is any breach in the subject impact fee deferral agreement by the noncounty party. (4) The deferred impact fees shall be a lien on the property. The lien may be foreclosed upon in the event of noncompliance with the requirements of the agreement. The agreement described herein shall operate as a lien against the dwelling unit. The lien shall terminate upon the recording of a release or satisfaction of lien in the public records of the county. Such release shall be recorded upon payment in full or completion of the terms.Neither the deferred impact fees nor the agreement providing for the deferral of impact fees shall be transferred, assigned,credited or otherwise conveyed from the dwelling unit. The deferrals of impact fees and the agreement thereto shall run with the land. (5) Upon satisfactory completion of the agreement's requirements, the county shall record any necessary documentation evidencing same,including,but not limited to, a release of lien. (6) In the event the owner is in default under the agreement, and the default is not cured within 30 days after written notice is provided to the owner, the board may at its sole option collect the impact fee amounts in default as set forth by article V, section 74-501, or bring a civil action to enforce the agreement or declare that the deferred impact fees are then in default and immediately due and payable. The board shall be entitled to recover all fees and costs, including attorney's fees and costs, incurred by the county in enforcing the agreement, plus Underlined text is added;Streak-Neagh text is deleted Page 11 of 18 0 9 0 interest at the then maximum statutory rate for judgments calculated on a calendar day basis until paid. (7) The agreement shall be binding upon the owner's successors and assigns. (8) The agreement shall be recorded in the official records of the county at no cost to the county. (h) Ceiling on deferrals. (1) The aggregate amount of impact fee owner occupied deferrals granted perfsea -year pursuant to subsection(b)of this section shall be limited, in total,to an amount not exceeding three percent of the previous years' total impact fee collections, not including water and wastewater impact fees with no roll over in funding. (2) Deferrals shall be available on a first-come, first-served basis. If the requests for deferrals exceed the number of deferrals available,the county manager may allocate deferrals based on the extent to which the deferrals implement the comprehensive plan,or other criteria based on policies and procedures that may be adopted by the board of county commissioners. (3) The county manager shall maintain a tracking system to ensure that the aggregate amount of impact fee deferrals do not exceed the deferral ceilings established in this subsection. (4) The aggregate amount of impact fee rental deferrals granted pursuant to subsection (c) of this section shall be limited,in total,to 225 units per fiscal year with no rollover of funding units. The 225-unit limit may be exceeded on a case-by-case basis with majority approval by the Board of County Commissioners. Underlined text is added;She#-treagh text is deleted Page 12 of 18 91) (i) Amendments. Any changes or amendments to this article or the minimum funding requirements adopted in this article must occur as an ordinance amendment at a public hearing of the board of county commissioners. (j) Eligible dwelling unit categories. Agreements for the deferral of impact fees for affordable housing may only be approved for the following types of dwelling units: (1) Single-family residences that are fully detached, and either owner-occupied or rental dwelling units, or (2) Owner-occupied or rental dwelling units in a residential condominium, townhouse or duplex structure, or (3) Rental (leased)multifamily dwelling units. (4) Rental modular homes that meet, as a minimum, the then current standards of F.S. ch. 553,for homeownership or rental,and that bear the department of community affairs insignia seal certifying that the structure is in compliance with the Florida Manufactured Buildings Act of 1979, as amended or superseded. (5) Rental mobile homes that are constructed to then applicable standards promulgated by the United States Department of Housing and Urban Development (HUD) and that bear a two inch by four inch metal, rectangular red and silver certification label on each section of the home certifying that the home has been inspected in accordance HUD requirements, and that have been constructed in conformance with federal manufactured home construction and safety standards in effect on the date of manufacture. Underlined text is added;St uelk-thfeugh text is deleted Page 13 of 18 91) (k) Apartment complexes/multifamily dwelling units.Notwithstanding any provisions elsewhere in this chapter to the contrary, any owner that develops an affordable housing rental apartment complex, consisting in whole or part of rental multifamily dwelling units serving extremely low, very low, a /er low, and/or moderate-income levels and meeting all requirements, and subject to all conditions, of this article shall be entitled to defer 100 percent of the impact fees applicable only to such rental multifamily dwelling units serving extremely low,very low,and/er,low and/or moderate-income levels if: (i) all such deferred impact fees are paid on or before the end of ten years from the date such impact fees are deferred; and(ii) the,rental apartment development shall remain affordable housing qualified(under this article) for a minimum of-1-5 30 years from initial occupancy. Payment of deferred impact fees for qualifying rental multifamily units may be extended beyond 10 years on a case-by-case basis with majority approval by the Board of County Commissioners. (1) Subordination. Impact fee deferrals for all owner-occupied dwelling units,will automatically be subordinate to the owner's first mortgage and/or any government funded affordable housing loan such as SAIL or HOME loan. Impact fee deferrals may also be similarly subordinated in the case of rental dwelling units, but only if the owner provides additional cash equivalent financial instruments which will yield the full amount of the deferred impact fees when they may become due and payable. 11-• . . . . ... . - . . . ._. . - - -. .. - (m) Timing of payment. Any units meeting the requirements of this subsection that are sold below the maximum home sales price in Collier County for Florida Housing Finance Corporation Programs,or qualify for and enter into an approved deferral agreement shall not be required to pay the impact fees applicable for the unit or building any sooner than issuance of a certificate of occupancy or certificate of completion for the building permit for construction or as may otherwise be set forth in such waiver or deferral agreement. In order to obtain a certificate of adequate public facilities concurrently with the issuance of the final site development plan or plat, the applicant Underlined text is added;Stanek-through text is deleted Page 14 of 18 0 9 0 shall first enter into an approved deferral agreement with Collier County or provide a notarized affidavit to the county manager, which must include the following: (1) Name of project, legal description and number assigned by Collier County to the development order; (2) Name of applicant and owner, if different; (3) Number of dwelling units; (4) Statement of intent that the subject dwelling unit sales price will meet the affordability guidelines of the Florida Housing Finance Corporation for Collier County. (n) Certificate of occupancy requirements on filing of affidavit. Prior to the issuance of a certificate of occupancy for individual dwelling units which have provided the foregoing affidavit instead of entering into a deferral agreement with Collier County, the applicant must also provide a copy of the executed sales contract to the county manager demonstrating a qualifying sales price. A copy of the closing statement demonstrating a qualifying sales price will be provided to the county manager within ten days of the closing of the sale of each qualifying dwelling unit. (o) Violations. Failure to adhere to the requirements set forth by this section may result in the impact fees becoming immediately due and payable and payment being considered delinquent from the date of the notarized affidavit and then becoming subject to the collection provisions provided for in article V, section 74-501, including payment of delinquency fees and interest. (p) Transitional provisions. The following provisions apply to any impact fee deferrals or reimbursements that were granted prior to August 1, 2005: Underlined text is added;Stftiale-411retigh text is deleted Page 15 of 18 0 9 0 (1) Any deferral agreement that was executed prior to August 1,2005, shall continue in effect in accordance with its terms consistent with the requirements in effect at the time that the deferral agreement was executed. (2) If reimbursement is required pursuant to an impact fee deferral or waiver that was paid with State Housing Initiatives Partnership (SHIP) Program funds, payment will be made to the county affordable housing trust fund. SECTION TWO. Article IV, Impact Fee Deferral, Section 74-402, Affordable housing Definitions, of the Collier County Code of Laws and Ordinances is hereby amended to read as follows: Sec. 74-402. - Affordable housing definitions. The following sets forth the applicable definitions for affordable housing dwelling units. (a) "Very, very Extremely low income families households" means families households whose incomes do not exceed 33 30 percent of the median income for the area as determined by the Secretary of the U.S. Department of Housing and Urban Development. (b) "Very low income families households" means families households whose incomes do not exceed 50 percent of the median income for the area as determined by the Secretary of the U.S. Department of Housing and Urban Development. (c) "Low income families households" means families households whose incomes are more than 50 percent but do not exceed 80 percent of the median income for the area as determined by the Secretary of the U.S. Department of Housing and Urban Development. Underlined text is added;Strxekreugh text is deleted Page 16 of 18 0 90 (d) "Moderate income families households" means families households whose incomes are more than 80 percent but do not exceed 120 percent of the median income for the area as determined by the Secretary of the U.S. Department of Housing and Urban Development. *** SECTION THREE: CONFLICT AND SEVERABILITY. In the event this Ordinance conflicts with any other ordinance of Collier County or other applicable law, the more restrictive shall apply. If any phrase or portion of the 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 FOUR: INCLUSION IN THE CODE OF LAWS AND ORDINANCES. The provisions of this Ordinance shall become and be made a part of the Code of Laws and Ordinances of Collier County, Florida. The sections of the Ordinances may be renumbered or relettered to accomplish such, and the word "ordinance" may be changed to "section," "article," or any other appropriate word. SECTION FIVE: EFFECTIVE DATE. This Ordinance shall be effective upon filing with the Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida,this day of , 2018. Underlined text is added;Struck eagh text is deleted Page 17 of 18 0 90 ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA By: By: , Deputy Clerk ANDY SOLIS, CHAIRMAN Approved as to form and legality: C' Jennifer Belpedio �( o<� Assistant County Attorney c 14 Underlined text is added;&dough text is deleted Page 18 of 18 0 9 0 Acct. #027354 May 1, 2018 Attn: Legals Naples News Media Group 1100 Immokalee Road Naples, Florida 34110 Re: Ordinance Amending Ch. 74 - Impact Fee Ordinance Dear Legals: Please advertise the above referenced notice on Wednesday, May 9, 2018, and kindly send the Affidavit of Publication, in duplicate, together with charges involved, to this office. Thank you. Sincerely, Martha Vergara, Deputy Clerk P.O. #4500181468 90 NOTICE OF INTENT TO CONSIDER ORDINANCE Notice is hereby given that on Tuesday, May 22 , 2018, in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3299 Tamiami Trail East, Naples, Florida, the Board of County Commissioners will consider the enactment of a County Ordinance. The meeting will commence at 9: 00 A.M. The title of the proposed Ordinance is as follows : AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING CHAPTER 74 OF THE COLLIER COUNTY CODE OF LAWS AND ORDINANCES (THE COLLIER COUNTY CONSOLIDATED IMPACT FEE ORDINANCE) BY AMENDING PROVISIONS RELATING TO THE IMPACT FEE DEFERRAL PROGRAM; CLARIFYING AND ADDING INCOME LEVEL CATEGORIES FOR CONSISTENCY; REMOVING REFERENCES TO THE COMMUNITY WORKFORCE HOUSING INNOVATION PILOT PROGRAM (CWHIP) WHICH WAS SUSPENDED BY THE FLORIDA LEGISLATURE; ALLOWING FOR THE EXTENSION OF RENTAL IMPACT FEE DEFERRAL AGREEMENTS AND THE INCREASE OF THE 225 UNIT LIMIT UNDER CERTAIN CONDITIONS; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE COLLIER COUNTY CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. A copy of the proposed Ordinance is on file with the Clerk to the Board, and is available for inspection. All interested parties are invited to attend and be heard. NOTE: All persons wishing to speak on any agenda item must register with the County administrator prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 3 minutes on any item. The selection of an individual to speak on behalf of an organization or group is encouraged. If recognized by the Chairman, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. All material used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto and therefore, 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 based. 9D 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 3335 Tamiami Trail East, Suite 101, Naples, Florida, (239) 252-8380, at least two days prior to the meeting. Assisted listening devices for the hearing impaired are available in the Board of County Commissioners Office. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA ANDY SOLIS, CHAIRMAN DWIGHT E. BROCK, CLERK By: Martha Vergara, Deputy Clerk (SEAL) 90 Martha S. Vergara From: Martha S. Vergara Sent: Tuesday, May 1, 2018 4:47 PM To: Legals NDN (legals@naplesnews.com) Subject: Ordinance Amending Ch. 74 - Impact Fee Ordinance Attachments: Ord Amending Ch 74 - Impact Fee Ordinance (5-22-18).doc; Ord Amending Ch 74 - Impact Fee Ordinance (5-22-18).doc Hello, Please advertise the following attached ad Wednesday, May 9, 2018. Please forward an ok when received, if you have any questions feel free to call me. Thanks, martha verectra, -R,MR..seLA.1-or aLeriz Mies Records Dept. aLe6z of the ai-rattit Court value Adjustmewt P>ocirot office: (2.3j) 252-1-240 Fax: (2.3_5) 252-24oe rth .verg ra@cot.t.i.ercLerlz.cont. 1 90 Martha S. Vergara From: legals@naplesnews.com Sent: Wednesday, May 2, 2018 11:43 AM To: Martha S. Vergara Subject: Ad: 2005278, NOTICE OF INTENT TO CONSIDER ORDINAN Attachments: OFFICEOFTH-91-2005278-1.pdf Attached is the document you requested. Please review for approval, once I receive your approval I will release your ad for publication. Thank you. > Ad Proof apits Battu :AA tilts Sales Rep:Karol Kangas(N7103) Phone:(239)263-4710 Email:karol.kangas@naplesnews.com Account Information >Insertion Information rr Date:05/02/18 This is a proof of your ad scheduled to run on the dates indicated below. Account Number:525058(N027354) Please confirm placement prior to deadline by contacting your account Company Name:OFFICE OF THE COUNTY ATTORNEY rep at(239)263-4710. Ad Id:2005278 P.O.No.:45000181468 Total Cost:$404.60 Contact Name: Email:Emilypepin@colliergov.net Tag Line:NOTICE OF INTENT TO CONSIDER ORDINAN Address:3299 TAMIAMI TRL E#700,NAPLES,FL,34112-5749 Start Date:05/09/18 Stop Date:05/09/18 Phone:(239)252-8400 Fax:(239)774-0225 Number of Timess: 1 Class: 16250-Public Notices Publications:ND-Naples Daily News,ND-Internet-naplesnews.com Ad Proof I agree this ad is accurate and as ordered. NOTICE OF INTENT TO LIMIT UNDER CERTAIN appropriate County staff a BOARD OF COUNTY CONSIDER ORDINANCE CONDITIONS; minimum of seven days prior COMMISSIONERS PROVIDING FOR CONFLICT to the public hearing. All COLLIER COUNTY,FLORIDA Notice is hereby given AND SEVERABILITY; material used in presentations ANDY SOLIS,CHAIRMAN that on Tuesday, May 22, PROVIDING FOR INCLUSION IN before the Board will become 2018, in the Boardroom, THE COLLIER COUNTY CODE a permanent part of the DWIGHT E.BROCK,CLERK 3rd Floor, Administration OF LAWS AND ORDINANCES; record. By: Martha Vergara, Deputy Building, Collier County AND PROVIDING FOR AN Clerk Government Center, 3299 EFFECTIVE DATE. Any person who decides (SEAL) Tamiami Trail East, Naples, to appeal a decision of the May 9,2018 No.2005 Florida, the Board of County A copy of the proposed Board will need a record of Commissioners will consider Ordinance is on file with the the proceedings pertaining the enactment of a County Clerk to the Board, and is thereto and therefore, may Ordinance. The meeting available for inspection. All need to ensure that a verbatim will commence at 9:00 A.M. interested parties are invited record of the proceedings is The title of the proposed to attend and be heard. made, which record includes Ordinance is as follows: the testimony and evidence NOTE: All persons wishing upon which the appeal is AN ORDINANCE OF THE BOARD to speak on any agenda based. OF COUNTY COMMISSIONERS item must register with OF COLLIER COUNTY,FLORIDA, the County administrator If you are a person with a AMENDING CHAPTER 74 OF prior to presentation of the disability who needs any THE COLLIER COUNTY CODE agenda item to be addressed. accommodation in order to OF LAWS AND ORDINANCES Individual speakers will be participate in this proceeding, (THE COLLIER COUNTY limited to 3 minutes on any you are entitled,at no cost to CONSOLIDATED IMPACT FEE item. The selection of an you to the provision of certain ORDINANCE) BY AMENDING individual to speak on behalf assistance. Please contact PROVISIONS RELATING TO THE of an organization or group is the Collier County Facilities IMPACT FEE DEFERRAL encouraged. If recognized by Management Department, PROGRAM; CLARIFYING the Chairman,a spokesperson located at 3335 Tamiami AND ADDING INCOME for a group or organization Trail East, Suite 101, Naples, LEVEL CATEGORIES FOR may be allotted 10 minutes to Florida,(239)252-8380,at least CONSISTENCY; REMOVING speak on an item. two days prior to the meeting. REFERENCES TO THE Assisted listening devices COMMUNITY WORKFORCE Persons wishing to have for the hearing impaired HOUSING INNOVATION written or graphic materials are available in the Board of PILOT PROGRAM (CWHIP) included in the Board agenda County Commissioners Office. WHICH WAS SUSPENDED BY packets must submit said THE FLORIDA LEGISLATURE; material a minimum of 3 ALLOWING FOR weeks prior to the respective THE EXTENSION OF RENTAL public hearing. In any case, IMPACT FEE DEFERRAL written materials intended to AGREEMENTS AND THE be considered by the Board INCREASE OF THE 225 UNIT shall be submitted to the Thank you for your business. Our commitment to a quality product includes the advertising in our publications. As such,Gannett reserves the right to cat- egorize,edit and refuse certain classified ads.Your satisfaction is important. If you notice errors in your ad,please notify the classified department immedi- ately so that we can make corrections before the second print date. The number to call is 239-263-4700. Allowance may not be made for errors reported past the second print date.The Naples Daily News may not issue refunds for classified advertising purchased in a package rate;ads purchased on the open rate may be pro-rated for the remaining full days for which the ad did not run. 90 Martha S. Vergara From: Martha S. Vergara Sent: Wednesday, May 2, 2018 11:52 AM To: 'NeetVirginia' Subject: Ord. Amending Ch. 74 - Impact Fee Ordinance Attachments: OFFICEOFTH-91-2005278-1.pdf Hi Dinny, Attached is the Impact Fee ad proof. Let me know of any changes. Thanks, Martha 1 > Ad Proof 90 Nttpits Niuts Sales Rep:Karol Kangas(N7103) Phone:(239)263-4710 Email:karol.kangas@naplesnews.com >Account Information >Insertion Information Date:05/02/18 This is a proof of your ad scheduled to run on the dates indicated below. Account Number:525058(N027354) Please confirm placement prior to deadline by contacting your account Company Name:OFFICE OF THE COUNTY ATTORNEY rep at(239)263-4710. Ad Id:2005278 P.O.No.:45000181468 Total Cost:$404.60 Contact Name: Email:Emilypepin@colliergov.net Tag Line:NOTICE OF INTENT TO CONSIDER ORDINAN Address:3299 TAMIAMI TRL E#700,NAPLES,FL,34112-5749 Start Date:05/09/18 Stop Date:05/09/18 Phone:(239)252-8400 Fax:(239)774-0225 Number of Timess: 1 Class: 16250-Public Notices Publications:ND-Naples Daily News,ND-Internet-naplesnews.com Ad Proof I agree this ad is accurate and as ordered. NOTICE OF INTENT TO LIMIT UNDER CERTAIN appropriate County staff a BOARD OF COUNTY CONSIDER ORDINANCE CONDITIONS; minimum of seven days prior COMMISSIONERS PROVIDING FOR CONFLICT to the public hearing. All COLLIER COUNTY,FLORIDA Notice is hereby given AND SEVERABILITY; material used in presentations ANDY SOLIS,CHAIRMAN that on Tuesday, May 22, PROVIDING FOR INCLUSION IN before the Board will become 2018, in the Boardroom, THE COLLIER COUNTY CODE a permanent part of the DWIGHT E.BROCK,CLERK 3rd Floor, Administration OF LAWS AND ORDINANCES; record. By: Martha Vergara, Deputy Building, Collier County AND PROVIDING FOR AN Clerk Government Center, 3299 EFFECTIVE DATE. Any person who decides (SEAL) Tamiami Trail East, Naples, to appeal a decision of the May 9,2018 No.2005 Florida, the Board of County A copy of the proposed Board will need a record of Commissioners will consider Ordinance is on file with the the proceedings pertaining the enactment of a County Clerk to the Board, and is thereto and therefore, may Ordinance. The meeting available for inspection. All need to ensure that a verbatim will commence at 9:00 A.M. interested parties are invited record of the proceedings is The title of the proposed to attend and be heard. made, which record includes Ordinance is as follows: the testimony and evidence NOTE: All persons wishing upon which the appeal is AN ORDINANCE OF THE BOARD to speak on any agenda based. OF COUNTY COMMISSIONERS item must register with OF COLLIER COUNTY,FLORIDA, the County administrator If you are a person with a AMENDING CHAPTER 74 OF prior to presentation of the disability who needs any THE COLLIER COUNTY CODE agenda item to be addressed. accommodation in order to OF LAWS AND ORDINANCES Individual speakers will be participate in this proceeding, (THE COLLIER COUNTY limited to 3 minutes on any you are entitled,at no cost to CONSOLIDATED IMPACT FEE item. The selection of an you to the provision of certain ORDINANCE) BY AMENDING individual to speak on behalf assistance. Please contact PROVISIONS RELATING TO THE of an organization or group is the Collier County Facilities IMPACT FEE DEFERRAL encouraged. If recognized by Management Department, PROGRAM; CLARIFYING the Chairman,a spokesperson located at 3335 Tamiami AND ADDING INCOME for a group or organization Trail East, Suite 101, Naples, LEVEL CATEGORIES FOR may be allotted 10 minutes to Florida,(239)252-8380,at least CONSISTENCY; REMOVING speak on an item. two days prior to the meeting. REFERENCES TO THE Assisted listening devices COMMUNITY WORKFORCE Persons wishing to have for the hearing impaired HOUSING INNOVATION written or graphic materials are available in the Board of PILOT PROGRAM (CWHIP) included in the Board agenda County Commissioners Office. WHICH WAS SUSPENDED BY packets must submit said THE FLORIDA LEGISLATURE; material a minimum of 3 ALLOWING FOR weeks prior to the respective THE EXTENSION OF RENTAL public hearing. In any case, IMPACT FEE DEFERRAL written materials intended to AGREEMENTS AND THE be considered by the Board INCREASE OF THE 225 UNIT shall be submitted to the Thank you for your business. Our commitment to a quality product includes the advertising in our publications. As such,Gannett reserves the right to cat- egorize,edit and refuse certain classified ads.Your satisfaction is important. If you notice errors in your ad,please notify the classified department immedi- ately so that we can make corrections before the second print date. The number to call is 239-263-4700. Allowance may not be made for errors reported past the second print date.The Naples Daily News may not issue refunds for classified advertising purchased in a package rate;ads purchased on the open rate may be pro-rated for the remaining full days for which the ad did not run. 90 Martha S. Vergara From: NeetVirginia <Virginia.Neet@colliercountyfl.gov> Sent: Wednesday, May 2, 2018 3:33 PM To: Martha S. Vergara; Minutes and Records Subject: FW: Ord. Amending Ch. 74 - Impact Fee Ordinance Original Message From: BelpedioJennifer Sent: Wednesday, May 02, 2018 3:32 PM To: NeetVirginia <Virginia.Neet@colliercountyfl.gov> Subject: Re: Ord.Amending Ch. 74- Impact Fee Ordinance It's approved. Thank you! Sent from my iPhone >On May 2, 2018, at 2:11 PM, NeetVirginia <Virginia.Neet@colliercountyfl.gov>wrote: >Jennifer: > For your approval. The title matches the Ordinance. > Dinny >Virginia A. Neet, FRP >Office of the Collier County Attorney >Telephone (239) 252-8066- Fax(239) 252-6600 > 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. > Original Message > From: Martha S.Vergara [mailto:Martha.Vergara@collierclerk.com] >Sent: Wednesday, May 02, 2018 11:52 AM >To: NeetVirginia <Virginia.Neet@colliercountyfl.gov> >Subject: Ord.Amending Ch. 74- Impact Fee Ordinance > Hi Dinny, >Attached is the Impact Fee ad proof. > Let me know of any changes. >Thanks, 1 90 Martha S. Vergara From: Martha S. Vergara Sent: Wednesday, May 2, 2018 3:36 PM To: 'Cardenas, Mereida' Subject: FW: 2005278, NOTICE OF INTENT TO CONSIDER ORDINAN Attachments: OFFICEOFTH-91-2005278-1.pdf Hi Mereida, The legal department has reviewed and approved this ad proof. Please proceed with publishing as requested. Thanks, Martha Original Message From: legals@naplesnews.com [mailto:legals@naplesnews.com] Sent: Wednesday, May 2, 2018 11:43 AM To: Martha S.Vergara <Martha.Vergara@collierclerk.com> Subject: Ad: 2005278, NOTICE OF INTENT TO CONSIDER ORDINAN Attached is the document you requested. Please review for approval, once I receive your approval I will release your ad for publication. Thank you. 1 9D ¼apLrEI Battu ruts NaplesNews.com Published Daily Naples,FL 34110 Affidavit of Publication State of Florida Counties of Collier and Lee Before the undersigned they serve as the authority, personally appeared Natalie Zollar who on oath says that she serves as Inside Sales Manager of the Naples Daily News,a daily newspaper published at Naples, in Collier County, Florida;distributed in Collier and Lee counties of Florida;that the attached copy of the advertising was published in said newspaper on dates listed.Affiant further says that the said Naples Daily News is a newspaper published at Na- ples,in said Collier County, Florida,and that the said newspaper has heretofore been continuously published in said Collier County, Florida; distributed in Collier and Lee counties of Florida, each day and has been entered as second class mail matter at the post office in Naples, in said Collier County, Florida,for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he has neither paid nor promised any person, or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. Customer Ad Number Copyline P.O.# OFFICE OF THE COUNTY ATTORNEY 2005278 NOTICE OF INTENT TO 45000181468 Pub Dates May 9,2018 // • 4t461,14, (29,1a1 (Sign ture of affiant) • •�;;�:..,, NotarymaPutk-State of Florida Sworn to and subscribed before me air •# Myr Expires��+4� , This May 09,2018 • ?° t`' ' blded NO1166,4BUOMM011yaa, qoirner0 (Signature of affiant) 9 .NAPLESNEWS.COM I WEDNESDAY,MAY 9,2018 I 23D Manufactured Homes Seasonal/Vacation Rentals Campers&RV's Pc ,o.vs V hll-1,,Er e'. Pshlir Novo, 2BR 211A LANDMARK NAPLES ONE,TWO&THREE WANTED:ALL MOTOR HOMES ST.JUDE,THANK YOU Obtained upon request at the PrOVisiUps of the Americans Lakefront,Renovated Turnkey BEDROOM UNITS AND CAMPERS.Any cond. FOR ANSWERING ALL MY office of the District Manager. with Disabilities Act, any $49,900(239)777-5924 Available For Rent Cash Paid. (954)789.7530. PRAYERS. JEANNE B. At said meeting each Person requiring special Sally Herring,Super Dealth proxyaccommodations at the Downtownr MoNaples landownertied or Annual Monthly Rentals Motorcycles/Mopeds �� shalls be oritth to nominateitin Meetingphysical auseof impairments should Fullythedn 017-86 Supervisor for the cast one of c ntact District Office Call Katherine617-842-322A2006 ROAD KING HARLEY Le9als 1 EEE Supervisor and cast one vote contact the District Office NAPLES 0 o $32/MI. or email owner, 6K original mi.,1 ,/ per acre of land,or fractional at(561)571-0010 at least 48 $33,000.Lot 4326/mo. KetherinePrYceRentalSP owner,2 sets of saddle bags portion thereof,owned by him hours prior to the meeting Heated pool. (479)461-6433 gmail.com fiberglass&leather.Many or her and located within the If you are hearing or speech extras&chrome. Midnight Lecl.lis District for each person to impaired lease contact Lots/Acreage for Sale Blue.$10,500.(305)778.1035. be elected to the position of the Florida Relay Service b or 1-800-955- VANDERBILT BEACH WATER- NOTICE NCTNTENTUS TO supervisor. A fractiond an dialing 7Y) 1-800-955-87 0 2.73 ACRES-28TH AVE SE FRONT 3BR,2BA,pool,walk Recreational storage REGISTER FICTITIOUS NAME ac shall be treated as one 8771(TTY) off Everglades Blvd.By Owner to beach,boat dock.§4,750. NOTICE OF ACTION acre,entitlin9the landowner to (Voice),for aid in contacting No Realtors!(305)8y Owner rim.239-777-9426 k.$Tex,75 RACKOMINIUM Notice Under Fictitious Name one vote with respect thereto. the District Office. Barefoot Boa/Club indoor Law Pursuant to Section Platted lots shall be counted A TOTAL OF 7.1.5 ACRES storage.Full service marina. 865.09, Florida Statutes individually and rounded up A person who decides to (3)parcels high and dry; Renmmates Full and self service fuel NOTICE IS HEREBY GIVEN to the nearest whole acre. appeal any decision made off Everglades Blvd and dock.Unlimited put in take that the undersigned,Amy The acreage of platted lots at the meeting with respect NW 52nd St.$225,000. IBR LOA FURNISHED-House out service.Easy access to to Boge n Art, LLC desiring shall not be aggregated for to any matter considered at By Owner.(305)778-1035 privledges.$850.+security the gulf through either th engage in business under of005determining the number the meeting advised that dep.References.Smoke OK Wiggins Pass or Little New the fictitious name of Amy Art of oting nits held by a Person will need a record Cent etery��t:; No Pets.(Ian all 4-1878 Pass.Boat size of UP to 28 located at 577 Gulf Shore Blvd. landowner ora landowner's of the proceedings and that IBRALIA plus all amenities for feet long,10 feet wide and S.,in the County of Collier,in proxy. At the landowners' accordingly,the person may COMPANION NICHE rent in North Naples$775. 8 feet 9 inches collapsed Naples,Florida 34102,intends meeting the landowners shall need to ensure thate verbatim Naples Memorial Gardens, Avail on May 19th.15[&last height not includin�ggI yy to register the said name with select as person to seras the record of the proceedings Is $3500.(239)307-3399 required(239)200-6752 ou021Ke Cal 724-321-1360 1 • the ethei Florida Department of meetinguct the meeting.who shall mand evidence uppon which such MARCO ISLAND CEMETERY MATURE MALE SEEKS ROOM- State, Tallahassee, Florida. con appeal is to be based. 2 side by side lots in the main MATE rate bath,kitch- STORAGE: MOTORHOMES Dated at Naples,Florida,April The meetings and area.(352)316-1327 en&livingving room privileges. RVs boat, auto. Covered 27,2018. public hearing are open to the District Manager in Quiet ice areaGolden avai5able. (239)643-0447 Amy Art public and will be conducted Mediterra South Community Homes Wanted Gate city.$600 mo.incl.util. May 9,2018 No.2002265 in accordance with the Development District (239)777-5203 or 692-9599r provisions of Florida law.One May 9,2018 No.2008337 FIXERS WANTED Notice To Creditors or both of the meetings or NOTICE OF PUBLIC MEETING Homes,Condos,Apartments. Rooms Furls/Unfurn Transportation\ the public hearing maybe CashFast@ProtonMail,c0m - \ IN THE CIRCUIT COURT FOR continued to a date,time, SUPERVISORS.PELICAN Call(239)238-9489 COLLIER COUNTY, and place to be specified on MARSH COMMUNITY A FURNISHED ROOM Classic Cars FLORIDA PROBATE DIVISION the record at such meeting- DEVELOPMENT DISTRICT Private entrance,cable. There may be occasions when Wifi.(239)774-6854 2000 CADILLAC XLR ROADSTER File No.18-857-CP Board Supervisors or Staff Wednesday,May 16,2018 Real corvette in a tuxedo,25k mi, may participate by speaker 9:00 A.M. Estate Rentals $1>ace Rentals creampuff,hard top cony., IN RE:ESTATE OF telephone. $29,500.(606)219-01469-5pm THOMAS TAGLIENTE An Notice Is hereby given that COMMERCIAL/OFFICE Any requiring the Pelican Marsh Community Homes Unfurnished 900 square ft, $865 mo. WANTED British Classic sports a/k/a THOMAS TAGLIENTE,JR. special accommodations Development District (279)162,4121 Car: Triumph, MG, Austin Deceased. at this meeting because Supervisorswill meet on QUARRY NORTH NAPLES Healey,Jaguar&Sunbeam. of a disability or physical Wednesday.May 16 2018 at 36r/2ba,2 car gar,1800 SI., FRENCH QUARTER Call mat (239)227-0319 NOTICE TO CREDITORS impairment should contact F•,00 Ath.datI at the peg ean Marsh Lrg corner lot,$3800 per Executive Suites/Offices the District Office at(407)382- datIon buIldlatco 1404 month Annual Lease call Various Sizes-239-261-2888 AL It,n1..iiles for Sale The administration 3256 at least forty-eiigM(48) Habit Marsh Bou09 to (201)847-1234 of the estate of THOMAS hours prior to the meeting. Naee3,U a 34109 to StorageUnit5 04 LINCOLN TOWN CAR-V8, TAGLIENTE a/k/a THOMAS If you are hearing or speech conduct the business of the Cond os furnished 119kmi.,Auto,Exc.Condition, TAGLIENTE,JR.,deceased, impaired, please contact Pelican Marsh Community AIR CONN IO DITN')SELF Storage 1 owner,$60811 obo whose date of death was the Florida Relay Service by Development District at the A LELY RESORT 2BR 28A Private Industrial Space. (239)947.7610 November 10, 2017; File dialing 7-1-1, Or 1-800.955- above stated time and date . Ground floor,golf view,car- For specials:(239)154-1971 '07 EMSC 430 2 Door Couv. Number 18-857-CP,is pending 8771(TTY)/1-800-955-8770EMS In the Circuit Court for Collier (Voice),for aid in contacting Any person who decides port.Gated.No smoke/pets 73,738 mi.smokey granite/ County, Florida, Probate the District Office- to appeal a decision of this AnnuM 91,450.(239)248-4353 biege$22,900.(513)519-7091 Division, the address of Board will need a record of AN OLD NAPLES STUDIO 1002 CADILLAC DEWLLE which is 3315 Tamiami Trail A person ho the proceedings pertaining Waterfront,City Dock area, Real Estate Uffir Pristine c0nd.72Kmi.illness East,Suite 8102,Naples,FL decides to appeal any decision thereto,and therefore may Turnkey$1,350 mo.Annual or Commercial forces sale,Garaged,Tan/ 34112-5324.The names and madebythe8oardwith respect need to ensure that a verbatim seasonal rates(317)862.4401 Beige,Loaded$5750 obo addresses of the personal to any matter considered at record of the proceedings is AWESOME EXECUTIVE LAKE Businesses/Sale 401.742-8633 representative and the the meeting is advised that made,which record includes &FOUNTAIN VIEW 2BR,2BA- 2012 TOYOTA PRIUS Artic personal representative's such person will need a record the testimony and evidence Turnkey,by county barn rd, ESTABLISHED CONCRETE Blue Metallic,27,849mi.all attorney are set forth below. of the proceedings and that upon which the appeal is to $1500 mo.(239)774-6854 CRACKED REPAIR BUS, Svc Records Lthr Exc.Cond. All creditors of the accordingly,the person may be based. small investment,no expert- S12,840(7)113)608-9421 decedent and other persons need to ensure that a verbatim en CALUSA BAY 2BR,d ,2BA ence req.(480880.0%1 having claims or demands record of the proceedings is Any person requiring special S1,6911 mo.annual or 6 mo. against decedent's estate,on made,including the testimony accommodations at this Pool,fitness center.Amazing Sports and Imports whom a copy of this notice Is and evidence upon which the meeting becauseofadisabllity otation! (347)512-2774 Offices/Warehouse/Sde '02 LEXU5 SC 430 HT Cons. required to be served must appeal is to be based. or physical impairment should file their claims with this contact the District Office at CROWN POINTE TURNKEY 1100 SQ,FT,WAREHOUSE 67K mi.Red/cream.Exc. court WITHIN THE LATER OF Hank Fishkind (239)592-9115 at least five Avail Thur Nov,2BR,2BA. off old 41,25'high ceilings, cond.Local Service records. 3 MONTHS AFTER THE TIME District Manager calendar days prior to the Den,2nd fir condo,quiet 8x10'over head door. $14,500, 239-775-7750 OF THE FIRST PUBLICATION May 9&16,2018 No.2006570 meeting. secluded location;carport, Stores 5-6 cars,approx.20X55' 04 BMW 645 CI CONY.-Black OF THIS NOTICE OR 30 DAYS tennis and pool,No pets 1430 Railhead Blvd.0103 Black,Auto,loaded, AFTER THE DATE OF SERVICE PELICAN MARSH COMMUNITY 51400 mo.(non seasonal $215,000.(603)055.0019 Sekml.,Naples Car,All Svc OF A COPY OFTHIS NOTICE ON MEDRERRA SOUTH DEVELOPMENT DISTRICT months.)1st,last,security. Records,Call(518)569-8569 THEM. COMMUNITY DEVELOPMENT COLLIER COUNTY,FLORIDA (239)289-0836 AAA BEAUTIFUL SUITES DISTRICT NOTICE OF MEETING FROM$295.With conference 1999 MAZDA HUTA.65k mi, All other creditors GOODLAND SPACES IBR,IBA- room.Call 239.643.1600 new rims&bas,5 speed of the decedent and other Please be advisedthatthe time W.NEIL DORRILL, water views,w/d,etc,H2O manual runs perfect. persons having claims or of the previously scheduled MANAGER/SECRETARY Ink.No pets.2 covered park demands •against decedent's May 9,2018 No.2004084 $1200 m/o(518)774-4980 Lots&Acreage"Sale $7,500.(239)564-2938 estate mus[file their claims May 16,2018 Regular Meeting of the Board of Supervisors NOTICE OF 2010'MAXIM G37 SPORT with this court WITHININTENT PARK SHORE AREA 2BR,2BA VACANT LOT C•3 BUSINESS Hardtop converible,54k MONTHS AFTER THE DATE OFF of the Mediterra South CONSIDER ORDINANCE S/1-12/31 ANCE 5/1.12/316 mo,min-amenities 86494th Ave N.$255,000 mi,transferable warranty, THE FIRST PUBLICATION OF Community Development $1400 Incl util.(6 pies.avail) Buildable.(239)776-6356 very goad,cold a/c,$16,900 THIS NOTICE. District has been rescheduled Notice is hereby given Call Jeanne(978)852-3601 WATERFRONT LOT ON CANAL (739)293.3917. ALL CLAIMS NOT to 3:00 p.m.,instead of 9:00 that On Tuesday, May 22, with Direct Attebs. 2011 PORSCHE BOXSTER red FILED WITHIN THE TIME a.m.,as previously advertised, 2918, in the Boardroom, Cnndo_s Unfumished•�,,,f. One on the few left! cony,tan Ith interior,auto, PERIODS SET FORTH IN The meeting will be held in 3rd Floor, Administration 2754 Bayview Drive. loaded pristine cond.,23k SECTION 733.702 OF THE the Bella Vita I Room at the Building, Collier County A 2/2 DOWNTOWN CONDO $319,500. 239-370.4027 mi,$31k.(239)289-5900. FLORIDA PROBATE CODE WILL Sports Club at Mediterra, Government Center, 3299 3 blocks from Naples Pier. BE FOREVER BARRED. 15735 Corso Mediterra Circle. Tamiami Troll East,Naples, $1,600.(616)580-1506 HONDA ACCORD 2006.BEIGE NOTWITHSTANDING Naples,Florltla 34110. Florida,the Board of County _ 4 dr.79K mi.excellent Cond. THE TIME PERIOD SET FORTH Commissioners will consider A REMODELED 2/2 55+Free $5,550.Naples(732)859-4291 ABOVE ANY CLAIM FILED The purpose of the meeting is the enactment of a County Wi-fi,cable,water&pools AVAILABLE RESTAURANT TWO (2) YEARS OR MORE for the Board t0 consider any Ordinance- The meeting E3,400/mo.239-293-0547 Free standing 150 seats, ', business which may property will commence at 9:00 A.M. pp fantastic US Naples, location - AFTER THE DECEDENTS DATE come before It.The meeting Is The title of the proposed AVAIL 1ASAP BAA,$1500 mo.3BR, Downtown de seatinge(239)821 S39O 2002 HARLEY DAVIDSON F154 OF DEATHThe AdateD of first conducted Iri aeciordanceise th Ordinance is as follows: Gregg Hanifin Remax Affinity Super Cab.Super Charged May Kation of this notice is: the provision of Florida Law AN ORDINANCE OF THE BOARD Plus(239)253-7722 PRISTINE in OFFICES Black interior,Ex.Cored for Community Development OF COUNTY COMMISSIONERS FOr lease in Prime Office 70K Mi.$12,500(305)778-1035 BRIDGEWATER BAY bldg.4280 sq.ft.Opt t0 A.ERIC ANDERSON Districts.The meeting may IERCOUNTY,FLORIDA, 3BR 2BA,Amenities, lease Tum,with high end Vans Attorney for Personal be continued to a dates time, AMENDING CHAPTER 74 OF Avail.7/1/18 and place to be specified On THE COLLIER COUNTY CODE $1,600/m (18 Amual turn.Class A fin-iPhes-re- Representao.(612)017.2019 ceMly remodeled.Pri.off ic- 02 FORD E-160 PASSENGER Florida Bar No.0322865 the record at the meeting, A OF LAWS AND ORDINANCES N.NAPLES unfurl).2/2 condo, es,conferenceYYrm,reception VAN White,looks&runs A.ERIC ANDERSON,P.A. copy oggf the agenda for the (THE COLLIER COUNTY updated,lake view,gar,pool. pert of Stanford court _9ootl.$2,000(313)929-9987. 380 Fifth Avenue South, LLrathellmHunt&Associates. ORDINANCE)be obtained from CONSOLIDATED BYIMPACT AMENDING No smoking/pets.$1475 m0. a 2601 CHRYSLER LIMITED TC Suite 200 LLC,2300 Glades Rodd,Suite PROVISIONS RELATING TO THE 1/2 mile from Naples court 55k mi.Silver w/ ay 410W, Boca RAW Florida IMPACT FEE DEFERRAL annual.(586)243-4153 g Naples,Florida 34102 house.Prefer(1)2974 93 leather,all options,35,500. Telephone:(239)262-7748 33431 or by calling(561)571- PROGRAM; CLARIFYING OVER 55 RENOVATED sq.eoe9eC r.(516)297-0093 (239)598-2800 Facsimile:(239)262-7144 polo. AND ADDING INCOME 2BR 1.58,0 Duplex,$1100 mo. Geor9eC311Pyah0o,com FRANK G.PINTO no pets Off R ake/U541 14 TOYOTA SIENNA XL Personal Re resentative LEVEL CATEGORIES FOR (239)431-57631'57HN 5 White with gray leather c/o A.ERIC ANDERSON,P.A. There may be occasions when CONSISTENCY; REMOVING PELICAN BAY UNFIT.ANNUAL Retail Space/Rent interior,nay.,sun roof,back 350 Fifth Avenue South, One Or more Supervisors REFERENCES TO THE RENTAL L'Ambiance light& up camera,DVD,182 sound, Suite 200 or staff will participate COMMUNITY WORKFORCE bright corner unit 2BR/2BA, NAPLES DESIGN CT1 88k mi,$13,500 or 080. Naples,Florida 34102 by telephone. Pursuant to HOUSING INNOVATION lake view,glass lanai,gar. Luxury retail space ace seseeks (239)250-0911. May 1,2,9,2018 No-2010728 IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT (239)591.0532 Int.Design or Prof-No Fee. les DODGE GRAND CARAVAN IN AND FOR COLLIER COUNTY,FLORIDA 1 yr lease$1,500.617.079.31U Wheelchair Van with JUVENILE DIVISION Townhouse/Villas Unfurn 10"lowered floor,ramp& IN THE INTEREST OF: JUVENILE DIVISION I tie downs.(239)494-8767 BIG CYPRESS STEWARDSHIP CASE NO.17-DP-211 ISLES OF COWER PRESERVE BMC SAVANA 3500 CAR60/ DISTRICT VASQUEZ MARTINEZ,YODIRAD08:12/10/2002 1 mi DOWNTOWN NAPLES Recreation WORK HEAVY DUTY VAN NOTICE OF LANDOWNERS' VASQUEZ MARTINEZ JOSUE DOB:3/27/2001 &beaches.New spacious villa 2405, 113K MEGTING:NOTICE OF Minor Children 3BR 2BA Lanai&pool/spa. 36,500.Cali 239-316-9611 maroon, REGULARRMEEBOATI OF Inch Fitness center,tennis, SUPERVISORS MEETING;AND SUMMONS FOR TERMINATION OF PARENTAL RIGHTS ADVISORY pickle ball,kayaking,trails, Boats/Motors/Marine NOTICE OF PUBLIC HEARING HEARING doogg ppa8 k.Dets OK.Annual. Classic Cars TO CONSIDER ADOPTION OF f3,20g mo(203)858-8998 05 BAYNER2150CAPRI CLAS- THE FISCAL YEAR 2018/2019 TO:Carmelo Vasquez Juarez SIC BOWRIDER V8 5L,mer- 1971 MERCEDES-BENZ 280 SL BUDGET Manufactured Homes cruiser,fast&economic.one CONY. You are hereby notified that an INVOLUNTARY PETITION under owner.59,500(239)302-5193 EastMeetsWestStudio.com Notice is hereby oath,a copy of which is attached,has been filed In the above- SS+COMMUNITY Wan FEES 2003 SEA RAY 245 given to the public and styled Court for the TERMINATION OF PARENTAL RIGHTS of the $80 mo/incl.Cable own your WEEKENDER A 2017 Trailer for Vehicles Wanted all landowners within Big children,Yodira Vasquez Martinez and Josue Vasquez Martinez. own property$317k 1 834 5-9p $9,000(239)263-1067. Cypress Stewardship District You are commanded to appear before the Honorable Joseph G. ft must see.Call(239)3526782 35X16 FT.DOCK AT WINDSTAR AA.TOP DOLLAR Monde Cas, ("District.) County,Florida,advisinglocated in 0llier that in Courtroom e of ofrcuit the Collier Countyon June 2Government Center2018 at 11:00 , HOLIDAY MANOR 5S+PARR Direct access, deep water, A Sports Can.(239)221.3000 a meeting of landowners will 3315 East Tamiami Trail,Naples,Florida 34112.Service must be 2BR 1.58A W/D,fern.No pets electric-30&50 amp,g ted. ABSOLUTELY ALL AUTOS- be held on lune 6,meat MOO effected prior to 72 hours poor to the stated hearing date as per $1,000 mo.+deposit.Extra $59,000.(605)390-1190. Wanted!Dead or Alive Top$ a.m.at 2550 Goodette-Frank FSS 39.502(4)and Fla.R.Juv.P.8.225(1),8.510(a)(1). nice!Annual.(859)230.2062 BOAT SUP FOR RENT-Private FREE PICK UP! 239-265-6140 Road North,Snits 160,"Pin F10Nda,for the purpose of FAILURE TO PERSONALLY APPEAR AT THIS ADVISORY HEARING 65'dock,w/25,000-Ib.lift, CORVETTES WANTED Waterfront Rentals up to 40'boat$1,000/mo., electing two(2)f persons to the CONSTITUTES CONSENT TO THE TERMINATION OF PARENTAL water/alae.Ricoat$1,.hadsall. Top dollar.Cash today.Call District Board following Supervisors. RIGHTS OF THIS CHILD(THESE CHILDREN). IF YOU FAIL TO ATTENTION BOATERS ANN. mtn# matl.com or text(786) 601-809-3660 et 941-923-3/21 Immediately the APPEAR ON THE DATE AND TIME SPECIFIED,YOU MAY LOSE ALL RENT 2/2,Lanai overlooking 281-9656. STEARNS MOTORS landowners' meeting there LEGAL RIGHTS AS A PARENT TO THE CHILD OR CHILDREN NAMED weterw/d,2 parking spaces, MOST TRUSTED will be convened a meeting IN THE PETITION ATTACHED TO THIS NOTICE.(Florida Statute BOAT SUP•g dock,me of the Board of Supervisors Section 1(g)FLORIDA3)(a).PURSUANT TO SECTIONS 39.802(4)(d)AND small pets ok,dock avail. Marina floating doock,direct BUYER Sin.1977. for the purpose of considering 63.082(6)(g)FLSTATUTES,YOUARE MENT WEBY INFORMED OF Rmo.Miyal chael OP(239)821-5390ur access water.071K.L239-370 electric/02Oe Vehicles AR n," to it cludeeelection ofecerta n ENTITY,THE IILABILITY OF PRIVATE AS DEFINED IN SECTION 63.032(3).FLORIDA STATUTES. ITH AN N CAPTAIN'S LICENSE WE BUY CARS,TRUCKS,SUVs, District officers,and other Seasonal/Vacation Rentals Etc.Anything from such business which may Ifyouareapersonwithadisabi!itywhoneedsanyaccommodation Naples OUPV-6-p k $1,000-$100,000.I come to properly come before the in order to participate in this proceeding,you are entitled,at 3/2 CONDO B�Mawsyr BAY June 11th 877-435-3187 you.Please call Sam Board. A public hearing will no cost to you,to the provision of certain assistance. Please Avail.May 15th$1,600 mo. (2391595.4021 also be held at that time contact the Administrative Services Manager whose office is Call or text(920)918-1303for the purpose of hearing located at 3315 Tamiami Trail East,Naples,Florida 34112,and 4BR/3BA 204 V 1 ALAMANDA FORMULA comments and objections on whose telephone,number is(239)252-8800,within two working DR-Spacious floor plant the adoption of the District's days of your receipt of this document;if you are hearing or voice Large living areas within IPS Diesel Formula Bo is In Fiscal Year 018/2019 budget. impaired,call receipt o55-8771. lml.Walk to Moorings Stock at Our ooi50 A copy of the agenda and 9 ,. „.r�rmuiah-aissoum,um1Elta budget may be obtained from PLEASE BE GOVERNED ACCORDINGLY Club&Moorings Beach Club soz 239)311-11000st.s. 202 the District Manager at 12051 Naples,fay. per mo./s (OITMCommunity Events Corporate Blvd., Orlando, Witness my hand and Official Seal as Clerk of the Collier County shopping.$8K per mo./ P 3440 per day-(832)334-9827 SOUTHPOINTE Windstar) MARINA Florida 32817. Circuit Court this 3 tl wig May.Brock,C. (In WindspD Boat Slip BUHDAY SKINSGol GOu1So18UE Colliertoty Clerk of Circuit Court COACH 3month HOME VINEYARDS W/ 55'032'017'sslip.Direct r and aples-Tee Club,South At the nCollier 5.French Florida GOLF 3 uh3Rental all close to Gulf,water and Naples-Tee Times(239)774-1649 7 start or meeting,each landowner may Depot 5.French through 24-459Call electric, 7am,Call details! 609for vote in parson or s written Deputy Clerk (600 424.4134 099,000. 239-370-4027 details! proxy. Proxy forms may be May 9,16,23,30,2018 No.2009061 24D I WEDNESDAY,MAY 9,2018 I NAPLES DAILY NEWS 90 Public Notices Public Notice c Wheels/Recreation Public Notices Public Notices PILOT PROGRAM (CW HIP) record of the proceedings is made,which record includes WHICH WAS SUSPENDED BY the testimon and evidence Any person requiring special Naples Notice of THE FLORIDA LEGISLATURE: upon which and appeal i5 accommodations atlofls at this t Council Medlin th ALLOWING FOR meeting because ofadisability The meetings listed below will be held in the City Council based. aik? THE EXTENSION OF RENTAL or physical impairment should Chamber 735 Eighth Street South,Naples,Florida. IMPACT FEE DEFERRAL contact the District Office at Mobilise Meeting•Mon 5/31/18.8:38 Lm. AGREIf you m a person with a EMEN75 AND THE (239)592.9115 at least five el9�ar Meeting•Wed.,5/16/18-&30 am. INCREASE OF THE 225 UNIT disability Who needs any calendar days prior to the Agendas and meeting packets are available from: accommodation in order to LIMIT UNDER CERTAIN meeting. City Cerk's website,htp//www,nay Hall,lesgoa.00nn 39-213-1015 CONDITIONS; pantare en in thist occostt, Bu City website, plesgov.com PROVIDING FOR CONFLICT ITY: youare provision noof costtoLELYM NT DI COMMUNITY �j NOTICE AND SEVERABILITY; ass to the proPleion of certain DEVELOPMENT DISTRICT Buy Formal actin may be taken on any item discussed or added to PROVIDING FOR INCLUSION IN assistance Please Contact COLLIER COUNTY,FLORIDA this agenda. Ary person who decides to appeal any decision the Collier.County Facilities and by THE COLLIER COUNTY CODE made dm My Council with respect to any matter considered Management Department, at ( healing) need of the OF LAWS AND ORDINANCES; W.NEIL DORRILL, jell g proceedings AND PROVIDING FOR AN located at 3335 Tamiami MANAGER/SECRETARY Sell and may media ensure that a verbatim record of the proceeding EFFECTIVE DATE- Trail East,Suite 101,Naples, May 9,2018 No.1996823 is made which record includes the testimony and evidence u Florida,(239)252-8380, least which the appeal is to be heard. Any Person with a disability A copy of the proposed tvro days prior to thee meeting. NOTICE OF PUBLIC MEETING here! requiring auxiliary ids and services for this meeting may call Assisted lisle' devices Ordinance is on file with the g the City Clerk's Office at 213-1015 with requests at least two for the hearing Impaired Clerk to the Board,and Is h SUPFRVISOVS,mpY - business days before the meeting date. are available in the Board of oC available for inspection. All County Commissioners Office. COMMYNDIS DEVELOPMENT - May 9,2018 No.2006729 interested parties are invited DISTRICT to attend and be heard. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY,FLORIDA 1:00 P.M.Wednesday,May 16,2018 public Notices Public . NOTE: All persons wishing to speak On any agenda ANDY SOUS.CHAIRMAN Co�wr County Commodity Development Block Grant tem must register with Notice is hereby given that the Habitat for Humanity birches.of Scattered Site Vacant Lots the County administrator DWIGHT Eion of the .BROCK,CLERK Lely Community Development Final Notice and Public Explanation of a Proposed Activity In a 100•Year Fbodplalt or Wetland agentlarior oitem tobeaddressed. ors will Br: Martha Vergara•Deputy conduct a Pistrict ublicsWorksh p g Individual speakers will be Clerk to discuss the Budget—on To:All interested Agencies include all Federal,State,and Local,Groups and Individuals limited to 3 minutes on any (SEAL) neesdav, Mayy 1 2018 item. The selection of an May 9,2018 No.2005278 at I. PM at tet Le CDD This isto g ve notice that Collier County has conducted an evaluation as CFR 55.by Executive individual to speak on behalf NOTICE OF PUBLIC MEETING Maintenance Bu n 68 5 Order 11988 and/or.Determinations in accordance with HUD regulations at 26 CFR 5Prot Subpart e of an organization or group is W"""er WaY Naples Procedures for Making Determinations on Floodplain Management and Wetlands Protection.The encouraged. If recognized by SUPERVISORS.LELY Fbitda activity is fundedt under(CDBG) US •Housing and Urban Development(HUD)Community Dev16. The yeloppment the Chairman,a spokesperson COMMUNITY DEVELOPMENT yMock roject(s>anis located at279654th Street SW,NaOBG ples,Conlonca(10 000 sqct .ft. size),2580 47th osed for a group or organization DISTRICT Any person who decides Terrace SW,Naples,Florida(10,000 sq.ft.lot size),2590 47th Terrace SW Naples,Florda(10,000 sq. may be allotted 10 minutes m to appeal a decision of this ft.lot size),5413 Trammel Street,Naples Florida(11,000 sq.ft.lot size)and 5148 24th Avenue SW speak on an item. Wednesday,May 16,2018 Board will need a record of Naples,Florida(11,000 sq.ft.lot size),Collier County Florida.The acquisition of vacant residential 1:30 P.M. the to,andinys pertaining lots with the purpose of construction of asingle-famll home on each residential lot is to assist low Persons wishing to have thereto,and therefore may to moderate icome families with CDBG funds,one single family home to be built on each modest written or graphic materials Notice is hereby given that the need to ensure that a verbatim size vacant residential lot,each home of modest size will be constructed on the acquired lots and Included in the Board agenda Lely Community Development record of the proceedings is are located in established residential neighborhoods are each within the AE 100-year Floodplain. packets must submit said District Supp ors will made,which record Includes aterial a minimum of 3 meet on WedO __ .la 1 the testimony and evidence Collier County has considered the following alternatives and mitigation measures to be taken to weeks prior to the respective 2018 at 1:30 PM a the Le upon which the appeal is to minimize adverse impacts and to restore and Preserve natural and beneficial values:It has been Public earing. In any case. CDD Maintenance Building, be based. determined that no practicable alternative other than to proceed with the work is available.This written materials Intended to 6815 Wildflower Way activity will have no significant impact on the environment for the followingreasons: be considered by the Board Naples.Florida,to conduct Any person requiring special shall be submitted to the the business of the Lely accommodations at this 1 need to provide affordable housing to local citizens, appropriate County staffa Community Development meeting because ofadisability 2 desire to rmt displace residents, minimum of seven days prior District. or physical impairment should 3- need to construct aneconomically feasible project; to the public hearing. All tact the District Office at 4. the ability to mitigate and minimize impacts on human health,public property,and material used in presentations Any person who decides (239)592.9115 at least five Floodplain resources. before the Board will become to appeal a decision of this calendar days prior to the a permanent part of the Board will need a record of meeting. Although there are projects that may be located in the 100 year floodplain and/or wetland,the record. the proceedings pertaining improvements cannot be undertaken in any other location due to the scope of the project.There Any person who decides need to ensure thata thereto,and that may LPCOMMUNITY is,therere,no practicable alternative. vee erbetim DEVELOPMMENNTT DISTRICT fo to appeal a deeision of Me record of the proceedings Is COLLIER COUNTY.FLORIDA The proposed improvements conform to applicable floodplain protection standards.The proposed Board will need a record of made,which record includes action will not affect natural or beneficial floodplain resources,and residents of the community the proceedings pertaining may the and evidenceIs W.NEILSCRETARYRRILL, will benefit from the project.The project activities will be conducted in a well-established thereto and therefore,may upon which the appeal Is to MANAGER/SECRETARY residential neighborhood that is located in the floodplain.Construction of single-family homes need to ensure that averbatim be based. May 9,2018 No.1996797 could Include elevating and/or flood proofing where required and feasible and in accordance with the requirements of the Flood Disaster Protection Act of 1973 .C.4001),activities located in Public Notices Public Notices Public Notices an area identified by the Federal Emergency Management Agency(FEMA)as having special flood hazards,flood insurance under the National Flood Insurance Program is obtained and maintained COWER COUNTY PROPOSED SUBSTANTIAL AMENDMENTS as a condition of financial assistance for acquisition or construction purposes. TO THE U.S.DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT(HUD) FY 2016.2017 and FY 2017.2018 ANNUAL ACTION PLANS Collier County has reevaluated the alternatives to building In the floodplain/wetland and has determined that it has no eactica a alternative.Environmental files that document compliance Jurisdiction(s):Collier County&City of Naples CDBG Contact Person:Cormac Giblin with steps 3 through 6 of Executive Order 11988 and 11990,are available for public inspection, Lead Lead Agency:Collier County Address:3339 E.Tamiami Trail,Suite 211• review and copying upon request at the times and location delineated in the last paragraph of this Jurisdiction Web Address: Naples,FL 34112 notice for receipt of comments. www.colliercountyfl.gov one:(239)252-2399 Email: (URL where CDBG Substantial Amendment Email:Cormac.GibliniPeollierr:ountyfl.9ov There are three primary purposes for this notice.Firsti people who may be affected by activities In materials are posted) floodploins/wetlands and those who have an interest in the protection of the natural environment should be given an opportunity to express their concerns and provide information about these Collier County proposes the following: areas.Second,an adequate public notice program can be an important public educational tool. The dissemination of information and request for public comment about floodplain/wetlands __-:NTIAL AMENDMENT CHANGE IS PROPOSED TO THE FY 0 i can facilitate and enhance Federal efforts to reduce the risks and impacts associated with the HU. UAL A' •• '01`: occupancy and modification of these special areas.Third,as a matter of fairness,when the Federal government determines it will participate in actions taking place in floodplain/wetlands, Amend ProNCt[Homebuyer Ambition Assistance•(NOME) it must inform those who may be put at greater or continued risk. Modifyscopefollows: Terminate an existing agreement with the current subrecipient and Written comments must be received by Collier County at the following address on or before May bring as the ativity In-house to be administered by the Community and Human Services Division. 17.2018:Attention:Collier County Community and Human Services.3339 Tamlaml Trail,Building H, The remaining$135,500 in HOME funds will continue to be utilized to implement Homebuyer Room 211,Naples,FL 34112 and(239)252-2273,Attention:Rosa Munoz,Grants Coordinator.A full Acquisition Assistance,including project delivery. description of the project may also be reviewed from 9:00 a.m.to 4:00 p.m.at the location listed above.Comments may also be submitted via email at RosaMunoz@colliergov.net. SUBSTANTIAL AMENDM NT CHANGE! ..•.—. . o FY 7.2818 'P • Date:May 9,2018 Amend Project:Rapid Re-Housing-(ESO) Subvention en Bloque para Desarrollo Comunitario del Condado de Collier Modify scope as follows: Amend an existing agreement with the current subrecipient to allow Habitat for Humanity of Collier County,Inc. for the program to be administered by the Community and Human Services Division,and/or a Adquisicion de solares residenciales desocupados y la constmccion de viviendas unifamiliares subrecipient. There is approximately$20,000 remaining in FOG funding to continue efforts to NotMcaciAn Final y Explication P6blica de una Actividad rapidly re-house the homeless. Propuesta on una Plantain Aluvial o Humedal de 100•AAos/500-Aeos Any and all references to these projects in the respective Action Plans are amended accordingly. A:Todas las Agencies Federales,Estatales y Locales,Grupos e Individuos Interesados Public Comment Period: La presence es para notificar que el Condado de Collier ha Ilevado a cabo una evaluacien segun 10 There will be a public comment period from May 9 2018 through lune 12,2018 regarding the two equerido por la Orden Ejecutwa 11988 y/o 11990.de acuerdo con los reglamentos de HUD en 24 proposed amendments to HOME and ESO funding In the respective Annual Action Plans.During CFR 55.20 5ubparte C Procedimlentos para Formular Determinaciones sobre la GestlOn de Planicies this period,citizens may end their comments on this matter to the Community and Human Aluviales y ProtecciOn de Humedales.La ectwidad se Financia bajo la SubvenclOn en Bloque para Services Division,ATTN:Cormac Giblin,3339 Tamiami Trail East,Suite 211,Naples,FL 34112 or Desarrollo Comunitario del Departamento de Vivienda y Desarrollo Urbano(HUD)de Estados via email to Cormac.Giblinecolliercountyflgov.The County will respond to all written comments Unidos.Contrato Ndmero 8-17-UC-12-0016.La ubicacidn del proyecto propuesto son ubicados within 15 days of receipt. en el 2796 54th Street SW,Naples,Florida(10,000 pies cuadratlos amen*de lot.),2580 47th Terrace SW,Naples,Florida(10.000 pies cuadrados tamaho de 1000,2590 47th Terrace SW,Naples, Final Action: Florida(10.000 pies cuadrads tama0o de tote), 5413 Trammel Street,Naples,Florida(11.000 pies This matter will be an agenda item to be considered on June 12,2018 in a regular meeting of the cuadrados tamano de lote),y 5148 24th Avenue SW,Naples,Florida(11,000 pies cuadratlos tama0o Board of County Commissioners.Anyone who reeqquires en auxiliary aid or service for effective de lote)en el Condado de Collier.Florida.La adquisiciAn de lutes vacantes con el propuesto de communication,or other reasonable accommodations in order to participate in this proceeding construccidn viviendas unifamiliares para ayudar persons de baja o moderada inti esos con los should contact the County's Facilities Management Department located at 3335 Tamiami Trail East, fondos CDBG,una vivienda unifamiliar se construir5 en cads lore vacante residential de tamaho Naples,FL 34112 or at(239)-252-8380,as soon es possible,but no later than 48 hours before the modesto.Cada hogar de tamaho modesto se construir5 en los totes adqulridos pestle situados scheduled event.Such reasonable accommodations will be provided at no cost to the individual. en los barrios residenciales establecidos y son cada uno dentro de la Ilanura de inundation del an0 AE 100. ENMh1IENDAS SUSTANCIALES PROPUESTAS POR EL CONDIIDO DE COLLIER A LOS PLANED DE EI Condado de Collier ha considerado las siguientes alternatios pp= de mttigaciOn que ACCION ANUALES DEL DEPAITAMENTO DE VIWENDA Y DESAIROLLO URBANO(HUD)PARA LOS deben tomarse para minimizer los hay dip s adversos y testaurar yy preserver natures naturales y ANO5 FISCALES 2016-2017 y2017.2018 beneftciosos:Se determine que no hay disponible una alternative fact@le que no sea continuer el traheio.Esta attividad no tends un Impacts significativo en el media ambiente nor las siguientes Jurisdicclonde es:Condado tie Colliery Ciudad Persona contacts de CDBG Cormac Giblin razones: de Naples ,^:3339 E.Tamiami Trail,Suite 211, 1. Necesidad de proporcionar viviendas econdmicas a los ciudadanos locales, Agencta drier:Condado de Collier Naples,FL 34112 2. Deseo de no constzar a los residentes, PAgina web de la urisdlctidn: Telefono:(239))252-2399 3. Necesidad de construlr un proyecto los imp tcamente salude www.colliercountyfl.gov Correo eiectrdnico: 4. Ca actdad para mittgar y minimizer los impactos en la humane,la propiedad donal dde publican materiales de Enmienda Cormac.Gibltn@colltercountyflgov pdblica y los recursos de la planicie inundable Aunque hay proyectos que pueden ester ubicados en la planicie de inundaclOn y/o humedal de 100 El Condado de Collier propone to siguiente: altos,las mejoras no pueden reaozarse en ningdn otro luger debido al alcance del proyecto.Por to t PONE CAM-10 DE ENMIENDA TAN IAL AL MANDE ACCION ANUAL DE HUD PARA EL tanto,no hay altemativa viable. A'S- r L- - I. Las meoras propuestas se ajustan a las normas aplicables de oteccidn de planicies aluviales. La accidn propuesta no efectera los recursos naturales o beneficlosos dela planicie eluvial,y los Enmendar el pronocto:Aabtenda onto Cempradores de 81.6.04.-(HOMO residentes de la comunidad se beneficiaran del proyecto.Construction de viviendas unifamiliares I pueden incluir elevation /0 prueba de humedal condo requerido yy factible de acuerdo con Modificar el alcance de la slgulente manera:Dar por terminado un acuerdo existente con el los requerimientos del acto de la planicie atuvial/humedal del 1973(42U.S.C.4001),actividades subreceptor actual y administrar la activldad nosotros mismos a troves de la Division de Servicios localizados en una area identificada por el Federal Emergency Management Agency(FEMA) Humanos y Comunitarios.Los restantes$135,500 en fondos HOME se seguiran utilizando para tenlendo riesgos de inundations especiales,seguranza de inundactdn de bajo del National implementer to Asistencia a Compradores de Vlwenda,Incluyendo el desarrollo del proyecto. Flood Insurance Program es obtenido y mantenido como condition de asistencia financial para propuestos de adquisicldn o construction. SE PROPONE CAMBIO DE ENMIENDA SUSTANCIAL AL PLAN DE ACCION ANUAL DE HUD PARA EL MIO RSCALN17-2018: El Condado de Collier ha reevaluado las alternatives a la construction en la planicie eluvial/ humedal y ha determinedo que no tiene alternative factible.Los archives ambientales que Ennrendue el inmate:Randa Reublead6n en VMenda-(ESO) documentan el camhlimiento de los pesos 3 a 6 de la Orden Elocution 11988 y/o 11990,estan disponibles para la speccidn pdblica,revision y copia bajo petition en las horas y ubicacibn Modificar el alcance de le slgulente manera:Enmendar un acuerdo existente con el subreceptor indicada en el Ultimo parrafo de esta notification para recibir comentarios. actual y administrar para permltir que el programa sea administrado por la Division de Servicios Humans y Comunitarios,y/o un subreceptor.Quedan aproximadamente$20,000 de Tondos ESO Existen tres propdsitos principales pare este notificacidn.Primero,las personas que pudiesen para continuer los esfuerzos para una rapida reubicaciln en vivienda de las personas lndigentes. ser afectadas por las actividades en las planicies aluviales/humedales y aquellos interesados en proteger el ambiente natural deben tener la oportunidad de expresar sus preocupaciones y Consecuentemente,todes las remisiones a estos proyectos en los respectivos Planes de Action proveer tnformaciOn sobre estas zonas.En Segundo lugar,un programa de aviso publico adecuado sera^modificades. puede ser una herramienta importante de education Pdblica.La difusiOn de informacien y la salicitud de comentarios pfiblicos sobre las planicies aluviales/humedales pueden facilitar y Periods de comentarbs del Mika: mejorar los esfuerzos Federales pare reducir los riesgos a impactos esociados con la ocupacidn Habra un period°para comentarios del publico del 9 de mayo de 2018 al 12 de junto de 2018 con y modlf)cacldn de estas zonas espciales.Tercero,como asunto de jIusticia,cuando el gobierno respecto a las dos enmiendas propuestas al financiemiento de HOME y ESG en los respectivos Federal determina que ve a participar en actions que se Ilevaran a cabs en las planicies Planes de Action Anuales.Durant°este periods,los ciudadanos pueden envier sus comentarios aluviales/humedales,debe informar a aquellos que posihlemente podrlan ser sujetos de mayor sobre este asunto a la Divtst00 de Servicios Humans y Comunitarios,a la atencien de:Cormac riesgo o riesgo continuo. Giblin,3339 Tamiami Trail East,Suite 211,Naples FL 34112 o por correo electrOnico a Cormac. Giblin@colliercountyfl.gov.El Condado responders a todos los comentarlos escritos en un Plazo Los comentarios escrits deben ser recibidos por el Condado de Collier en to siguiente direccibn de 15 tl(as tlespues de recibidos. a EstTamaamiar eTrai7l,NaD es,o dFlorida y(239)yy252 2273,Ade Salad tnt Gni Rosadel Munoz,,CoordinCollier. adora339 de Malan send un tome de agenda a ser considered°el 12 de junto de 2018 en una reunion yS se puede reviser de 9:00 a.m.04:30 p.mciOn adicional l ennlostdieto s de econtmana en lido en a dir ccien antes forrne del I enc,nada ordinaria de la Junta de Comisionados del Condado.Cualquler persona que requiem una a eda o Los comentarios tambien se pueden envier por comes electronics a rosa.munoz@colliercountyfl. servicto auxlliar para una comunicacidn efectiva,Y otros ajustes razonables con elfin de participar gov. en este procedimlento debe comunicarse con el Departamento de Gestl6n de Instelaclones del Condado,ubicado en 3335 Tamiami Trail East,Naples,FL 34112 o al(2391-252-8380,tan pronto Fecha:Mayo 9,2018 como sea posible,pero a mos tarder 48 hors antes del evento programado.Dichos ajustes razonables seran proporcionados sin costo para el Individuo. t7w;w,.. 9 de mayo de 2018 No.2007400 150.2009975 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 9 D TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding the Board meeting. **NEW** ROUTING SLIP Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office. Route to Addressee(s)(List in routing order) Office Initials Date 1. 2. 3. County Attorney Office County Attorney Office JAB 5/22/18 4. BCC Office Board of County A6.1.0 6-‘214-13 Commissioners 5. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above,may need to contact staff for additional or missing information. Name of Primary Staff Amy Patterson,Capital Project Planning, Phone Number 252-5721 Contact/Department Impact Fees and Program Management wf Agenda Date Item was 5/22/18 v j Agenda Item Number Approved by the BCC / Type of Document Ordinance cJ Number of Original One r/ Attached ( b— Documents Attached PO number or account n/a number if document is to be recorded INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signature JAB 2. Does the document need to be sent to another agency for additional signatures? If yes, JAB provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be JAB signed by the Chairman,with the exception of most letters,must be reviewed and signed by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's JAB Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the JAB document or the final negotiated contract date whichever is applicable. 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's JAB signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip JAB should be provided to the County Attorney Office at the time the item is input into MinuteTraq. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC on 5/22/18 and all changes made during the JAB meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the changes,if applicable. 9. Initials of attorney verifying that the attached document is the version approved by the �� a, BCC,all changes directed by the BCC have been made,and the document is ready for the p� Chairman's si: ature. o! r1 [04-COA-01081/1344830/111:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05; Revised 11/30/12 9D MEMORANDUM Date: May 25, 2018 To: Amy Patterson, Impact Fee & EDC Manager Business Management and Budget Office From: Teresa Cannon, Senior Deputy Clerk Board Minutes & Records Department Re: Validated Ordinance 2018-28 Attached for your records is a scanned copy of the document referenced above, (Item #9D) approved by the Board of County Commissioners on Tuesday, May 22, 2018. An original will be kept by the Board's Minutes and Record's Department as part of the Board's Official Record. If you have any questions, please call me at 252-8411. Thank you. Attachment 9D Teresa L. Cannon From: Teresa L. Cannon Sent: Thursday, May 24, 2018 2:16 PM To: 'countyordinances@dos.myflorida.com' Subject: CLL Ordinance 2018-0028 Attachments: CLL20180522_Ordinance2018_0028.pdf SENT BY: COLLIER COUNTY CLERK OF CIRCUIT COURT MINUTES& RECORDS DEPARTMENT SENDER'S PHONE: 239-252-8411 COUNTY: COLLIER (CLL) ORDINANCE NUMBER: 2018-0028 Teresa Cannon, BMR Senior Clerk II Minutes & Records Department 239-252-8411 239-252-8408 fax Teresa.Cannon@collierclerk.com 1 90 ORDINANCE NO. 2018- 28 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING CHAPTER 74 OF THE COLLIER COUNTY CODE OF LAWS AND ORDINANCES (THE COLLIER COUNTY CONSOLIDATED IMPACT FEE ORDINANCE) BY AMENDING PROVISIONS RELATING TO THE IMPACT FEE DEFERRAL PROGRAM; CLARIFYING AND ADDING INCOME LEVEL CATEGORIES FOR CONSISTENCY; REMOVING REFERENCES TO THE COMMUNITY WORKFORCE HOUSING INNOVATION PILOT PROGRAM (CWHIP) WHICH WAS SUSPENDED BY THE FLORIDA LEGISLATURE; ALLOWING FOR THE EXTENSION OF RENTAL IMPACT FEE DEFERRAL AGREEMENTS AND THE INCREASE OF THE 225 UNIT LIMIT UNDER CERTAIN CONDITIONS; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE COLLIER COUNTY CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Collier County has used impact fees as a funding source for growth-related capital improvements for transportation since 1985; and WHEREAS, on March 13, 2001, the Board of County Commissioners (Board) adopted Ordinance No. 2001-13, the Collier County Consolidated Impact Fee Ordinance, repealing and superseding all of the County's then existing impact fee regulations, and consolidating all of the County's impact fee regulations into that one Ordinance, codified in Chapter 74 of the Collier County Code of Laws and Ordinances (the "Code"); and WHEREAS, Collier County uses impact fees to supplement the funding of necessary capital improvements required to provide public facilities to serve new population and related development that is necessitated by growth in Collier County; and WHEREAS, Objective 1 of the GMP's Housing Element states that the County will seek to provide new affordable housing units in order to meet the current and future housing needs of Underlined text is added;Struck text is deleted Page 1 of 18 90 legal residents with extremely low, very-low, low, moderate and gap incomes, including senior households and those with special needs; and WHEREAS, in furtherance of the spirit and intent of Florida State Statute 163.3177(6)(f) a, outlining, "...Principles, guidelines, standards, and strategies to be followed in the provision of housing for all current and anticipated future residents of the jurisdiction..."; and WHEREAS, on October 25, 2017 the Board accepted the Community Housing Plan; and WHEREAS,the Community Housing Plan identifies a need for additional affordable units in Collier County, especially affordable rental units; and WHEREAS, the Community Housing Plan suggested several changes to the County's current Impact Fee Deferral program to incentivize the development of additional affordable housing units; and WHERAS, the Board desires to move forward with implementation of those changes to incentivize the development of additional affordable housing units. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY,FLORIDA, that: SECTION ONE. Article IV, Impact Fee Deferral, Section 74-401, Impact Fee Deferral, of the Collier County Code of Laws and Ordinances is hereby amended to read as follows: Sec. 74-401. -Impact fee deferral. (a) Applicability. Underlined text is added;Struck-t#irough text is deleted Page 2 of 18 90 (1) Pursuant to the requirements established in this section and article IV,the county shall defer the payment of the impact fee for any new owner-occupied or rental development dwelling unit which qualifies as affordable housing under this article. (2) Any person seeking an affordable housing deferral fora proposed development dwelling unit shall file with the county manager an application for deferral and the deferral shall be fully executed and recorded prior to issuance of a temporary or final certificate of occupancy or payment of impact fees, or after receiving a building permit for those permits issued between June 23, 2015 and June 23, 2016. The application for deferral shall contain the following: a. The name and address of the applicant; b. An up to date, complete legal description of the site upon which the development dwelling unit is proposed to be located; c. The maximum income level of the proposed owner or tenant, or if the owner is a developer or builder, the income level of the household to which the dwelling unit it is to be sold or provided for occupancy; d. The square footage and number of bedrooms in each dwelling unit of the development. (3) If the proposed development meets the requirements for an affordable housing deferral as set forth in this article,the county manager may,but is not required to,enter into an impact fee deferral agreement and is authorized to execute such deferral agreements along with any corresponding tri-party agreement intended to further define repayment obligations, as may Underlined text is added;Struslk-through text is deleted Page 3 of 18 9D be applicable, with the owner or applicant. The impact fee deferral agreement shall be accepted by the county in lieu of prompt payment of the impact fee that would otherwise then be due and payable but for the agreement. (4) Unless specifically provided to the contrary by majority action of the board, such as by an agreement or condition of development, water and sewer impact fees are fully exempt from all rental and CWHIP impact fee deferral programs. (b) Qualifying owner-occupied dwelling. To qualify for an affordable housing impact fee deferral, an owner-occupied dwelling unit must meet all of the following criteria: (1) The owner(s) or anticipated owner(s) of dwelling unit must have an extremely low, very low, low, or moderate-income level, at the time of final execution by the county of a deferral agreement as those income level terms are defined in section 74-402. (2) The monthly mortgage payment, including taxes and insurance, must not exceed 30 percent of that amount which represents the percentage of the median annual gross income for the applicable household category as indicated in section 74 702 74-402. However, it is not the intent to limit an individual household's ability to devote more than 30 percent of its income for housing, and housing for which a household devotes more than 30 percent of its income shall be deemed affordable if the first institutional mortgage lender is satisfied that the household can afford mortgage payments in excess of the 30 percent benchmark. (3) A dwelling unit shall qualify as "owner-occupied" if: a. written affirmation from the developer to the county guarantees that the requisite affordable housing units will be constructed, and Underlined text is added;Struek4threugh text is deleted Page 4 of 18 0 90 b. the affirmation is in effect at the date of execution of the impact fee deferral agreement by the county, and c. within six months from the date of issuance of the certificate of occupancy er-the - - - . -- . •. -, -- ' . - ,any option to purchase is exercised and the qualifying purchaser takes ownership of the dwelling unit. (4) If the qualifying purchaser fails to purchase the dwelling unit within the six-month period, then: a. the deferred impact fee is considered in default as of the date that the fee would have been due without the deferral; and b. the applicant shall pay all of the impact fees, including delinquency fees and interest dating back to the date that the fees would have been assessed but for the deferral as provided in section 74-501. (5) The owner, or if there is more than one owner,both of the owners,must be a first-time home buyer. To qualify as a first-time home buyer, the owner must not have had an ownership interest in his/her primary residence in the past three years. (6) The dwelling unit must be the homestead of the owner(s).The owner(s)of the dwelling unit must be at least 18 years of age and must be either citizen(s) of the United States or be a legal alien who permanently resides in the United States.Proof of United States Citizenship or permanent legal residency must be established to the county's sole satisfaction. The dwelling unit must be granted a homestead tax exemption pursuant to Chapter 196, Florida Statutes. Underlined text is added;StFek-through text is deleted Page 5 of 18 0 9D (7) No more than 50 deferral agreements are permitted at any single time for an individual developer, or for any developments that are under common ownership. For purposes of this subsection, "common ownership" means ownership by the same person, corporation, firm, entity, partnership, or unincorporated association; or ownership by different corporations, firms,partnerships, entities, or unincorporated associations, in which a stockbroker, partner, or associate, or a member of his family owns an interest in each corporation, firm, partnership, entity, or unincorporated association. (c) Qualifying rental and community workforce housing innovation pilot program (CWHIP) dwellings unit. (1) To qualify for an impact fee deferral, a dwelling unit offered for rent must meet all of the following criteria: a. The household renting the dwelling unit, including any rental multifamily dwelling unit, must have an extremely low, very low, of low, or moderate income level, at the commencement of the leasehold and during the duration thereof, as those terms are defined in section 74-402. b. The dwelling unit must be and must remain the household's permanent residence. The head of the household must be at least 18 years of age and must be either a citizen of the United States or be a legal alien who permanently resides in the United States. c. In no instance shall rental limits exceed the rental limits established by the Florida Housing Finance Corporation for rents adjusted to bedroom size in projects assisted under the, Florida Housing Finance Corporation or any other local, state, or federal agency, based on unit size. Underlined text is added;dough text is deleted Page 6 of 18 9D following criteria: a. The residential development must meet all requirements pursuant to F.S. § /120.5095, (the "Community Workforce Housing Innovation Pilot Program"), as - . . • ; .. . . . . . . ., . . ., A ' .. . - - Florida. citizenship or permanent legal residency must be established to the county's sole to F.S. ch. 196. of age and must be either a citizen of the United States, or be a legal alien who permanently resides in the United States. (d) Repayment for owner-occupied units. (1) All impact fees deferred for owner-occupied dwelling units shall become due and payable and shall be immediately paid in full to the county upon: a. The sale of the dwelling; or Underlined text is added;Struelk-threugh text is deleted Page 7 of 18 0 90 b. Refinancing of the purchase mortgage or loans secured by senior real property security instruments; or c. A loss of the homestead exemption under Section 4, Article X of the State Constitution. d. The first occurrence of any sale or transfer of any part of the affected real property, and in any such event the deferred impact fees shall be paid in full to the county not later then than the closing of the sale, or not later tee than the effective date of the transfer. (2) Repayment shall include any accrued interest. Interest shall be computed at the rate of five percent per annum, but no event shall it exceed 25 percent of the total fee amount. (3) Notwithstanding anything in this subsection(d)(1) of this section 74-401, the director of the .. .. -•- . • ., . _ .., •-- .. . . . environmental services division Community and Human Services Division of the Public Services Department may waive the triggering of the obligation to pay deferred impact fees due to a refinancing if the director determines that the refinancing is for improvements or repairs to the dwelling that will enhance the value of the dwelling, and is of such a nature as not to justify that the deferred impact fees should become due and payable because of the sale, transfer, or refinancing. (e) Repayment for rental and community workforce housing innovation pilot program(CWHIP) dwclling units. Deferred impact fees for rental _ .. - .. . ' . units, single family detached houses, modular homes (also known as residential manufactured Underlined text is added;Struck-through text is deleted Page 8 of 18 0 9D party. For CWHIP units, the residential development must at all times continue to meet all requirements of F.S. § 420.5095, (the "Community Workforce Housing Innovation Pilot (f) Repayment obligations. (1) Generally. The impact fees deferred shall be a lien on the property until all requirements under this article and the agreement have been satisfied. (2) Rentals. a. Annually, the owner (i.e., lessor) of a rental dwelling unit, including any multi- family rental dwelling unit, shall provide to the county manager an affidavit of compliance with the criteria set forth in this section. The affidavit must be filed within 30 days of the anniversary date of the issuance of a certificate of occupancy, or at another mutually agreed on date. If the affidavit is not filed on time the affiant shall pay to the county a$50.00 late fee. b. If the income of any unit renter which originally qualified as cxtrcmely low,very low, of low, or moderate income level as defined in section 74-402, below, exceeds the standards set forth in subsection (c) by more than 40 percent, then the deferred impact fee shall become immediately due and payable by the owner or, in the alternative, the owner shall have 90 days to comply with the affordable housing Underlined text is added;Struslk-threugh text is deleted Page 9 of 18 0 9D standards set forth in this section. Developments which are then monitored by the Florida Housing Finance Corporation, or any other state or federal agency,will not be required to file this separate affidavit of compliance with the county manager. The applicant shall provide a true copy of these monitoring reports to the County Department of Financial Administration and Housing Community and Human Services Division. (3) Owner-occupied dwelling units. If the household income of the qualified owner- occupied dwelling unit rises above the standards for deferrals set forth in subsection (b) of this section, the owner shall maintain the deferral. Notwithstanding the foregoing, all outstanding impact fees deferred shall be paid in full upon sale or transfer of the dwelling unit. (g) Deferral agreements. The owner receiving an impact fee deferral shall enter into a deferral agreement of impact fee agreement with the county. A separate deferral agreement shall be executed for each qualifying owner-occupied dwelling or qualifying rental dwelling development. While applicants are required to enter into a deferral agreement in order to receive a deferral of impact fees, nothing in this section requires the county to enter into a deferral agreements. The deferral agreement shall provide for, at a minimum, the following and shall further include such provisions deemed necessary by the board to effectuate the provisions of this article: (1) The legal description of the dwelling unit. (2) Where an impact fee deferral is given to an owner who will be selling or renting the dwelling unit to a subsequent purchaser or renter, the development must be sold or rented to households meeting the criteria set forth in this article in order to maintain the deferral. Underlined text is added;Struck through text is deleted Page 10 of 18 0 9D (3) For each such owner-occupied dwelling unit, the amount of impact fees deferred shall be paid to the county in full upon sale. For rental units, including any multifamily dwelling unit, the impact fees deferred shall in all events be due and payable no later than ten years after the execution by the county of the impact fee deferral agreement. Payment of deferred impact fees for qualifying rental multifamily units may be extended beyond 10 years on a case-by-case basis with majority approval by the Board of County Commissioners. Such fees shall be accelerated and thereby be automatically due and payable prior to that time period if there is any breach in the subject impact fee deferral agreement by the noncounty party. (4) The deferred impact fees shall be a lien on the property. The lien may be foreclosed upon in the event of noncompliance with the requirements of the agreement. The agreement described herein shall operate as a lien against the dwelling unit. The lien shall terminate upon the recording of a release or satisfaction of lien in the public records of the county. Such release shall be recorded upon payment in full or completion of the terms.Neither the deferred impact fees nor the agreement providing for the deferral of impact fees shall be transferred, assigned, credited or otherwise conveyed from the dwelling unit. The deferrals of impact fees and the agreement thereto shall run with the land. (5) Upon satisfactory completion of the agreement's requirements, the county shall record any necessary documentation evidencing same, including,but not limited to, a release of lien. (6) In the event the owner is in default under the agreement, and the default is not cured within 30 days after written notice is provided to the owner, the board may at its sole option collect the impact fee amounts in default as set forth by article V, section 74-501, or bring a civil action to enforce the agreement or declare that the deferred impact fees are then in default and immediately due and payable. The board shall be entitled to recover all fees and costs, including attorney's fees and costs, incurred by the county in enforcing the agreement, plus Underlined text is added;Struslk-through text is deleted Page 11 of 18 0 9D interest at the then maximum statutory rate for judgments calculated on a calendar day basis until paid. (7) The agreement shall be binding upon the owner's successors and assigns. (8) The agreement shall be recorded in the official records of the county at no cost to the county. (h) Ceiling on deferrals. (1) The aggregate amount of impact fee owner occupied deferrals granted per fiscal year pursuant to subsection(b) of this section shall be limited, in total,to an amount not exceeding three percent of the previous years' total impact fee collections, not including water and wastewater impact fees with no roll over in funding. (2) Deferrals shall be available on a first-come, first-served basis. If the requests for deferrals exceed the number of deferrals available,the county manager may allocate deferrals based on the extent to which the deferrals implement the comprehensive plan,or other criteria based on policies and procedures that may be adopted by the board of county commissioners. (3) The county manager shall maintain a tracking system to ensure that the aggregate amount of impact fee deferrals do not exceed the deferral ceilings established in this subsection. (4) The aggregate amount of impact fee rental deferrals granted pursuant to subsection (c) of this section shall be limited, in total,to 225 units per fiscal year with no rollover of funding units. The 225-unit limit may be exceeded on a case-by-case basis with majority approval by the Board of County Commissioners. Underlined text is added;Stat"'':rough text is deleted Page 12 of 18 4 90 (i) Amendments. Any changes or amendments to this article or the minimum funding requirements adopted in this article must occur as an ordinance amendment at a public hearing of the board of county commissioners. (j) Eligible dwelling unit categories. Agreements for the deferral of impact fees for affordable housing may only be approved for the following types of dwelling units: (1) Single-family residences that are fully detached, and either owner-occupied or rental dwelling units, or (2) Owner-occupied or rental dwelling units in a residential condominium, townhouse or duplex structure, or (3) Rental (leased)multifamily dwelling units. (4) Rental modular homes that meet, as a minimum, the then current standards of F.S. ch. 553,for homeownership or rental,and that bear the department of community affairs insignia seal certifying that the structure is in compliance with the Florida Manufactured Buildings Act of 1979, as amended or superseded. (5) Rental mobile homes that are constructed to then applicable standards promulgated by the United States Department of Housing and Urban Development (HUD) and that bear a two inch by four inch metal, rectangular red and silver certification label on each section of the home certifying that the home has been inspected in accordance HUD requirements, and that have been constructed in conformance with federal manufactured home construction and safety standards in effect on the date of manufacture. Underlined text is added;Struck t rough text is deleted Page 13 of 18 9D (k) Apartment complexes/multifamily dwelling units.Notwithstanding any provisions elsewhere in this chapter to the contrary, any owner that develops an affordable housing rental apartment complex, consisting in whole or part of rental multifamily dwelling units serving extremely low, very low,andier low, and/or moderate-income levels and meeting all requirements, and subject to all conditions, of this article shall be entitled to defer 100 percent of the impact fees applicable only to such rental multifamily dwelling units serving extremely low,very low,and/or,low and/or moderate-income levels if: (i) all such deferred impact fees are paid on or before the end of ten years from the date such impact fees are deferred; and(ii)the, rental apartment development shall remain affordable housing qualified (under this article) for a minimum of-14 30 years from initial occupancy. Payment of deferred impact fees for qualifying rental multifamily units may be extended beyond 10 years on a case-by-case basis with majority approval by the Board of County Commissioners. (1) Subordination. Impact fee deferrals for all owner-occupied dwelling units,will automatically be subordinate to the owner's first mortgage and/or any government funded affordable housing loan such as SAIL or HOME loan. Impact fee deferrals may also be similarly subordinated in the case of rental dwelling units, but only if the owner provides additional cash equivalent financial instruments which will yield the full amount of the deferred impact fees when they may become due and payable. •• . . . .' _ ... . - . • • - . .. . . . - . • (m) Timing of payment. Any units meeting the requirements of this subsection that are sold below the maximum home sales price in Collier County for Florida Housing Finance Corporation Programs,or qualify for and enter into an approved deferral agreement shall not be required to pay the impact fees applicable for the unit or building any sooner than issuance of a certificate of occupancy or certificate of completion for the building permit for construction or as may otherwise be set forth in such waiver or deferral agreement. In order to obtain a certificate of adequate public facilities concurrently with the issuance of the final site development plan or plat, the applicant Underlined text is added;StFuslk-threugh text is deleted Page 14 of 18 0 9 shall first enter into an approved deferral agreement with Collier County or provide a notarized affidavit to the county manager, which must include the following: (1) Name of project, legal description and number assigned by Collier County to the development order; (2) Name of applicant and owner, if different; (3) Number of dwelling units; (4) Statement of intent that the subject dwelling unit sales price will meet the affordability guidelines of the Florida Housing Finance Corporation for Collier County. (n) Certificate of occupancy requirements on filing of affidavit. Prior to the issuance of a certificate of occupancy for individual dwelling units which have provided the foregoing affidavit instead of entering into a deferral agreement with Collier County, the applicant must also provide a copy of the executed sales contract to the county manager demonstrating a qualifying sales price. A copy of the closing statement demonstrating a qualifying sales price will be provided to the county manager within ten days of the closing of the sale of each qualifying dwelling unit. (o) Violations. Failure to adhere to the requirements set forth by this section may result in the impact fees becoming immediately due and payable and payment being considered delinquent from the date of the notarized affidavit and then becoming subject to the collection provisions provided for in article V, section 74-501, including payment of delinquency fees and interest. (p) Transitional provisions. The following provisions apply to any impact fee deferrals or reimbursements that were granted prior to August 1, 2005: Underlined text is added;Struck text is deleted Page 15 of 18 0 90 (1) Any deferral agreement that was executed prior to August 1, 2005, shall continue in effect in accordance with its terms consistent with the requirements in effect at the time that the deferral agreement was executed. (2) If reimbursement is required pursuant to an impact fee deferral or waiver that was paid with State Housing Initiatives Partnership (SHIP) Program funds, payment will be made to the county affordable housing trust fund. SECTION TWO. Article IV, Impact Fee Deferral, Section 74-402, Affordable housing Definitions, of the Collier County Code of Laws and Ordinances is hereby amended to read as follows: Sec. 74-402. -Affordable housing definitions. The following sets forth the applicable definitions for affordable housing dwelling units. (a) "Very, very Extremely low income families households" means families households whose incomes do not exceed 35 30 percent of the median income for the area as determined by the Secretary of the U.S. Department of Housing and Urban Development. (b) "Very low income families households" means families households whose incomes do not exceed 50 percent of the median income for the area as determined by the Secretary of the U.S. Department of Housing and Urban Development. (c) "Low income families households" means families households whose incomes are more than 50 percent but do not exceed 80 percent of the median income for the area as determined by the Secretary of the U.S. Department of Housing and Urban Development. Underlined text is added;Struck-through text is deleted Page 16 of 18 0 90 (d) "Moderate income families households" means families households whose incomes are more than 80 percent but do not exceed 120 percent of the median income for the area as determined by the Secretary of the U.S. Department of Housing and Urban Development. *** SECTION THREE: CONFLICT AND SEVERABILITY. In the event this Ordinance conflicts with any other ordinance of Collier County or other applicable law, the more restrictive shall apply. If any phrase or portion of the 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 FOUR: INCLUSION IN THE CODE OF LAWS AND ORDINANCES. The provisions of this Ordinance shall become and be made a part of the Code of Laws and Ordinances of Collier County, Florida. The sections of the Ordinances may be renumbered or relettered to accomplish such, and the word "ordinance" may be changed to "section," "article," or any other appropriate word. SECTION FIVE: EFFECTIVE DATE. This Ordinance shall be effective upon filing with the Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this day of , 2018. Underlined text is added;StrnslF-through text is deleted Page 17 of 18 0 9D ATTEST: BOARD OF i TY COM _. IONERS DWIGHT E: BROCK, CLERK COLLIER ' • , FLO' j By.` - By: L i meg as to chi.'...`,.,Deputy Clerk ANDY SOLIS, CHAIRMAN signatii a only. Approved as to form and legality: Jenni er Belpedio ` ct� Assistant County Attorney ` " b\ Th;s ordinance filed with the rr:.r=ta,y of State's Office the. (4Oy of end acknowled e ent of that flim received this loy of neouty Clark Underlined text is added;StruelE-thfeugh text is deleted Page 18 of 18 r ��s ,� e - _, _44,� 9 D F,� ,sate yus_.Fk".., F FLORIDA DEPARTMENT Of STATE RICK SCOTT KEN DETZNER Governor Secretary of State May 24, 2018 Honorable Dwight E. Brock Clerk of the Circuit Court Collier County Post Office Box 413044 Naples, Florida 34101-3044 Attention: Teresa Cannon Dear Mr. Brock: Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your electronic copy of Collier County Ordinance No. 2018-28, which was filed in this office on May 24, 2018. Sincerely, Ernest L. Reddick Program Administrator ELR/lb R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250 Telephone: (850) 245-6270 www.dos.state.fl.us