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Backup Documents 01/22/2019 Item # 9C 9C COLLIER COUNTY FLORIDA REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS To:Clerk to the Board: Please place the following as a: x Normal legal Advertisement Other: (Display Ad: The advertisement MUST NOT BE placed:n mat portion of the newspaper where classified advertisements ^nr=ar Originating Dept/Div: GMD/Zoning Person:Eric Johnson Principal Planner Date:December 26,2018 Petition No.(If none,give a brief description): PL20180002127 Petitioner:(Name&Address): Name&Address of any person(s)to be notified by the Clerks office: (if more space is needed,attach separate sheet) Hearing before X BCC BZA Other Requested Hearing date:Collier County Board of County Commissioners(BCC)at 9:00 A.M.,January 22,2019, (Based on advertisement appearing 20 days before hearing. Newspaper(s)to be used:(Complete only if important): xxx Naples Daily News Account#068779 Other Legally Required Purchase Order No.4500190197 Proposed text:(include legal description&common locations&size: Legal Section Non-Legal Section Companion petition(s),if any&proposed hearing date: Does Petition Fee include advertising cost? x Yes No. If yes,what account should be charged for advertising costs: 131-138326-649100-00000 Reviewed By: `A ��/ �� '� Date: /7-�-/p aeon Ad '+ftrator or Desi. ee List Attachments: DISTRIBUTION INSTRUCTIONS A. For hearings before BCC or BZA:Initiating person to complete one copy and obtain Division Head approval before submitting to County Manager. Note:if legal documents are 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 Original B. Other hearings:initiating Division head to approve and submit original to Clerk's Office,retaining a copy file. FOR CLERK'S OFFICE Date Received ' a rate-tjb Date of Public Hearing t`a c l Date Advertised kid'ri 9C Ann P. Jennejohn From: CasanovaAlexandra <Alexandra.Casanova@colliercountyfl.gov> Sent: Wednesday, December 26, 2018 4:05 PM To: Minutes and Records Cc: Ann P.Jennejohn; bellows_r; BosiMichael; PageErin; kendall_m; RodriguezWanda; NeetVirginia Subject: Ad request for your review - Affordable Housing Density Bonus - PL20180002172 Attachments: Ad Request.docx; Ordinance.pdf; Signed Ad Request.pdf Good afternoon, Please process the attached and acknowledge receipt at your earliest convenience. Thank you in advance, ,4€eza4tAa ead440(44 Operations Coordinator-Zoning Division 2800 North Horseshoe Drive,Naples,FL 34104 Phone:239-252-2658 Note: Email Address Has Changed Alexandra.casanova@colliercountyfl.gov Tell us how we are doing by taking our Zoning Division Survey at htta://bit.ly/CollierZoning. Colter Count Exceeding Expectations 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. 1 9C Ann P. Jennejohn From: Ann P.Jennejohn Sent: Wednesday, December 26, 2018 4:22 PM To: CasanovaAlexandra; NeetVirginia;JohnsonEric Subject: RE:Ad request for your review - Affordable Housing Density Bonus - PL20180002172 (1-22-2019 BCC Meeting) Hi Alex, I'll send the proof for your notice a.s.a.p. Thank you! Atavt Jennejohn, Sr. Deputy Clerk Board Minutes & Records Department Collier County Value Adjustment Board 23 9-252-8406 From: CasanovaAlexandra <Alexandra.Casanova@colliercountyfl.gov> Sent: Wednesday, December 26, 2018 4:05 PM To: Minutes and Records<MinutesandRecords@collierclerk.com> Cc:Ann P.Jennejohn <Ann.Jennejohn@collierclerk.com>; bellows_r<Ray.Bellows@colliercountyfl.gov>; BosiMichael <Michael.Bosi@colliercountyfl.gov>; PageErin<Erin.Page@colliercountyfl.gov>; kendall_m <Marcia.Kendall@colliercountyfl.gov>; RodriguezWanda <Wanda.Rodriguez@colliercountyfl.gov>; NeetVirginia <Virginia.Neet@colliercountyfl.gov> Subject:Ad request for your review-Affordable Housing Density Bonus- PL20180002172 Good afternoon, Please process the attached and acknowledge receipt at your earliest convenience. Thank you in advance, Operations Coordinator-Zoning Division 2800 North Horseshoe Drive, Naples,FL 34104 Phone:239-252-2658 Note: Email Address Has Changed Alexandra.casanova@colliercountyfl.gov Tell us how we are doing by taking our Zoning Division Survey at http://bit.Iy/CollierZoning. CO .tler Count Exceeding Expectations 1 9C NOTICE OF PUBLIC HEARING NOTICE OF INTENT TO CONSIDER AN ORDINANCE Notice is hereby given that a public hearing will be held by the Collier County Board of County Commissioners on January 22,2019,in the Board of County Commissioners meeting room,third floor,Collier Government Center,3299 East Tamiami Trail,Naples FL.,the Board of County Commissioners(BCC)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 Ordinance Number 04-41, as amended, the Collier County Land Development Code, which includes the comprehensive land regulations for the unincorporated area of Collier County,Florida,to make changes consistent with Board direction,including revising the affordable housing definition, updating the terminology and income levels associated with affordable housing categories, and increasing the maximum affordable density bonus from 8 to 12 dwelling units per acre, by providing for: Section One, Recitals; Section Two, Findings of Fact; Section Three, Adoption of Amendments to the Land Development Code, more specifically amending the following: Chapter One—General Provisions, including Section 1.08.02 Definitions; Chapter Two—Zoning Districts and Uses, including Section 2.06.01 Generally, Section 2.06.02 Purpose and Intent,Section 2.06.03 AHDB Rating System,Section 2.06.04 Limitations on Affordable Housing Density Bonus, Section 2.06.05 Affordable Housing Density Bonus Monitoring Program, and Section 2.06.06 Violations and Enforcement;Section Four,Conflict and Severability;Section Five,Inclusion in the Collier County Land Development Code;and Section Six,Effective Date. [PL20180002172] 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 manager prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 3 minutes on any item. The selection of any 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 materials used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal any 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. 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 Division,located at 3335 Tamiami Trail East,Suite 101,Naples,FL 34112-5356,(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 CHAIRMAN DWIGHT E.BROCK,CLERK By: /s/Patricia Morgan Deputy Clerk(SEAL) 9C DRAFT 11/9/18 ORDINANCE NO. 19 — AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NUMBER 04- 41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE LAND REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, TO MAKE CHANGES CONSISTENT WITH BOARD DIRECTION, INCLUDING REVISING THE AFFORDABLE HOUSING DEFINITION, UPDATING THE TERMINOLOGY AND INCOME LEVELS ASSOCIATED WITH AFFORDABLE HOUSING CATEGORIES, AND INCREASING THE MAXIMUM AFFORDABLE DENSITY BONUS FROM 8 TO 12 DWELLING UNITS PER ACRE, BY PROVIDING FOR: SECTION ONE, RECITALS; SECTION TWO, FINDINGS OF FACT; SECTION THREE, ADOPTION OF AMENDMENTS TO THE LAND DEVELOPMENT CODE, MORE SPECIFICALLY AMENDING THE FOLLOWING: CHAPTER ONE — GENERAL PROVISIONS, INCLUDING SECTION 1.08.02 DEFINITIONS; CHAPTER TWO — ZONING DISTRICTS AND USES, INCLUDING SECTION 2.06.01 GENERALLY, SECTION 2.06.02 PURPOSE AND INTENT, SECTION 2.06.03 AHDB RATING SYSTEM, SECTION 2.06.04 LIMITATIONS ON AFFORDABLE HOUSING DENSITY BONUS, SECTION 2.06.05 AFFORDABLE HOUSING DENSITY BONUS MONITORING PROGRAM, AND SECTION 2.06.06 VIOLATIONS AND ENFORCEMENT; SECTION FOUR, CONFLICT AND SEVERABILITY; SECTION FIVE, INCLUSION IN THE COLLIER COUNTY LAND DEVELOPMENT CODE; AND SECTION SIX, EFFECTIVE DATE. [LDCA-PL20180002172] Recitals WHEREAS, on October 30, 1991, the Collier County Board of County Commissioners adopted Ordinance No. 91-102, the Collier County Land Development Code (hereinafter LDC), which was subsequently amended; and WHEREAS, the Collier County Board of County Commissioners (Board) on June 22, 2004, adopted Ordinance No. 04-41, which repealed and superseded Ordinance No. 91-102, as amended, the Collier County Land Development Code, which had an effective date of October 18, 2004; and Page 1 of 28 Words struck are deleted,words underlined are added 9C DRAFT 11/9/18 WHEREAS, on March 18, 1997, the Board adopted Resolution 97-177 establishing local requirements and procedures for amending the LDC; and WHEREAS, all requirements of Resolution 97-177 have been met; and WHEREAS, the Collier County Planning Commission, sitting as the land planning agency, did hold an advertised public hearing on November 1, 2018, and reviewed the proposed amendments for consistency with the Comprehensive Plan and did recommend approval; and WHEREAS, the Board of County Commissioners, in a manner prescribed by law, did hold an advertised public hearing on January , 2019, and did take action concerning these amendments to the LDC; and WHEREAS, the subject amendments to the LDC are hereby determined by this Board to be consistent with and to implement the Collier County Growth Management Plan as required by Subsections 163.3194 (1) and 163.3202 (1), Florida Statutes; and WHEREAS, this ordinance is adopted in compliance with and pursuant to the Community Planning Act (F.S. § 163.3161 et seq.), and F.S. § 125.01(1)(t) and (1)(w); and WHEREAS, this ordinance is adopted pursuant to the constitutional and home rule powers of Fla. Const. Art. VIII, § 1(g); and WHEREAS, all applicable substantive and procedural requirements of the law have otherwise been met. NOW, THEREFORE BE IT ORDAINED by the Board of County Commissioners of Collier County, Florida, that: SECTION ONE: RECITALS The foregoing Recitals are true and correct and incorporated by reference herein as if fully set forth. SECTION TWO: FINDINGS OF FACT The Board of Commissioners of Collier County, Florida, hereby makes the following findings of fact: 1. Collier County, pursuant to § 163.3161, et seq., F.S., the Florida Community Planning Act (herein after the "Act"), is required to prepare and adopt a comprehensive plan. Page 2 of 28 Words 4r-tele-tlhrsttgh are deleted,words underlined are added 9C DRAFT 11/9/18 2. After adoption of the Comprehensive Plan, the Act and in particular § 163.3202(1). F.S., mandates that Collier County adopt land development regulations that are consistent with and implement the adopted comprehensive plan. 3. Section 163.3201, F.S., provides that it is the intent of the Act that the adoption and enforcement by Collier County of land development regulations for the total unincorporated area shall be based on, be related to, and be a means of implementation for, the adopted comprehensive plan. 4. Section 163.3194(1)(b), F.S., requires that all land development regulations enacted or amended by Collier County be consistent with the adopted comprehensive plan, or element or portion thereof, and any land regulations existing at the time of adoption which are not consistent with the adopted comprehensive plan, or element or portion thereof, shall be amended so as to be consistent. 5. Section 163.3202(3), F.S., states that the Act shall be construed to encourage the use of innovative land development regulations. 6. On January 10, 1989, Collier County adopted the Collier County Growth Management Plan (hereinafter the "Growth Management Plan" or"GMP") as its comprehensive plan pursuant to the requirements of§ 163.3161 et seq., F.S. 7. Section 163.3194(1)(a), F.S., mandates that after a comprehensive plan, or element or portion thereof, has been adopted in conformity with the Act, all development undertaken by, and all actions taken in regard to development orders by, governmental agencies in regard to land covered by such comprehensive plan or element shall be consistent with such comprehensive plan or element as adopted. 8. Pursuant to § 163.3194(3)(a), F.S., a development order or land development regulation shall be consistent with the comprehensive plan if the land uses, densities or intensities, and other aspects of development are compatible with, and further the objectives, policies, land uses, densities, or intensities in the comprehensive plan and if it meets all other criteria enumerated by the local government. 9. Section 163.3194(3)(b), F.S., states that a development approved or undertaken by a local government shall be consistent with the comprehensive plan if the land uses, densities or intensities, capacity or size, timing, and other aspects of development are compatible with, and further the objectives, policies, land uses, densities, or intensities in the comprehensive plan and if it meets all other criteria enumerated by the local government. Page 3 of 28 Words ^'st.�eugli are deleted,words underlined are added 9C DRAFT 11/9/18 10. On October 30, 1991, Collier County adopted the Collier County Land Development Code, which became effective on November 13, 1991. The Land Development Code adopted in Ordinance 91-102 was recodified and superseded by Ordinance 04-41. 11. Collier County finds that the Land Development Code is intended and necessary to preserve and enhance the present advantages that exist in Collier County; to encourage the most appropriate use of land, water and resources consistent with the public interest; to overcome present handicaps; and to deal effectively with future problems that may result from the use and development of land within the total unincorporated area of Collier County and it is intended that this Land Development Code preserve, promote, protect and improve the public health, safety, comfort, good order, appearance, convenience and general welfare of Collier County; to prevent the overcrowding of land and avoid the undue concentration of population; to facilitate the adequate and efficient provision of transportation, water, sewerage, schools, parks, recreational facilities, housing and other requirements and services; to conserve, develop, utilize and protect natural resources within the jurisdiction of Collier County; to protect human, environmental, social and economic resources; and to maintain through orderly growth and development, the character and stability of present and future land uses and development in Collier County. 12. It is the intent of the Board of County Commissioners of Collier County to implement the Land Development Code in accordance with the provisions of the Collier County Comprehensive Plan, Chapter 125, Fla. Stat., and Chapter 163, Fla. Stat., and through these amendments to the Code. SECTION THREE: ADOPTION OF AMENDMENTS TO THE LAND DEVELOPMENT CODE * * * * * * * * * * * * * SUBSECTION 3._.AMENDMENTS TO SECTION 1.08.02 DEFINITIONS Section 1.08.02 Definitions, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 1.08.02 Definitions * * * * * * * * * * * * * Page 4 of 28 Words;truck through are deleted,words underlined are added 9C DRAFT 11/9/18 Affordable Housing: Housing is deemed affordable when the cost of a residential dwelling unit does not exceed 30 percent of that amount which represents the percentage of the median annual gross income for the household, for those households within the affordable housing income range. The calculation of such cost shall include the monthly rent and utilities (for rental units) or monthly mortgage payment, property taxes, special assessments, insurance, and other required condominium or homeowner association fees and assessments (for owner-occupied units). Affordable housing specifically includes the following income level targets for Collier County, based on the income categories as determined by the Secretary of the U.S. Department of Housing and Urban Development: a. Very-low-income: Households whose incomes do not exceed 50 percent of the median income. b. Low-income: Households whose incomes are greater than 50 percent but do not exceed 80 percent of the median income. c. Moderate-income: Households whose incomes are greater than 80 percent but do not exceed 120 percent of the median income. d. Gap-income: Households whose incomes are greater than 120 percent but do not exceed 140 percent of the median income. * * * * * * * * * * * * * Approved Affordable Housing: Affordable Housing that includes a long-term affordability restriction wherein the cost of housing and income of the household are known and monitored, for a specific period of time. * * * * * * * * * * * * * -- - - - - - - - - - - - - - - - - - -! .- _-• of an amount which represents a range of median adjusted gross annual income (median Page 5 of 28 Words stmeleugkh are deleted,words underlined are added 9C DRAFT 11/9/18 Development within the Naples Metropolitan Statistical Area (MSA) (See section 2.05.02), Owner occupied workforce housing: 50 percent or less of mcdian income, otherwise considered to be "very low income". Owner occupied workforce housing: 51 percent 60 percent of median income, otherwise considered to be "low income". workforce housing: 61 percent 80 percent of median income, otherwise considered to be "low income". Owner occupied workforce housing: 81 percent 100 percent of median income, otherwise considered to be "moderate income". Owner occupied gap housing: 81 percent 150 percent of median income. Rental workforce housing le"s than 50 percent of median income, otherwise considered to be "very low income". Rental workforce housing from 51 percent 60 percent of median income, otherwise considered to be "low income". housing. payment, including property taxes and insurance, not in excess of 1/12 of 30 percent of an within the Naples Metropolitan Statistical Area (MSA) (See section 2.05.02), specifically The term "gap housing: 81 percent 150 percent of median income" is specifically intended to include similar categories, such as "Essential Personnel Housing", Page 6 of 28 Words struslk-thr-eugh are deleted,words underlined are added 9C DRAFT 11/9/18 „. - „ „. . „ but still unable to afford market priced homes. SUBSECTION 3. .AMENDMENTS TO SECTION 2.06.01 GENERALLY Section 2.06.01 Generally, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 2.06.01 Generally A. Within most of the coastal urban designated areas identified on the future land use map of the Collier County GMP, a base density of four (4) residential dwelling units per gross acre is permitted. However, the base density may be adjusted depending on the characteristics of the development. One characteristic of a housing development which would allow the addition of density bonuses in order to increase the density over the base density is the provision of affordable housing in the development. The provision of affordable housing units may add up to eight (8) 12 dwelling units per gross acre to the base density of four{4} residential dwelling units per gross acre, for a total of twelve {12) residential dwelling units per gross acre, plus any other density bonuses available; and minus any density reduction for traffic congestion area that is required, pursuant to the GMP. The total eligible density must not exceed the maximum density allowed pursuant to the GMP a total of sixteen (16) dwelling units per groso acre, except as allowed through use of transfer of development rights, as provided for in the growth management plan. The program to accomplish this increase to provide affordable housing is called the affordable housing density bonus (ADHB) program. B. Within most of the Immokalee Urban area, as identified on the Immokalee area master plan future land use map of the growth management plan, base densities are four or six or eight residential dwelling units per gross acre. However, the base density may be adjusted depending on the characteristics of the development. One characteristic of a housing development that would allow the addition of density bonuses is the provision of affordable housing in the development. The provision of affordable Page 7 of 28 Words struck are deleted,words underlined are added DRAFT 11/9/18 9 C housing units may add up to 12 eight dwelling units per gross acre to the base density of four, six or eight residential dwelling units per gross acre, for a total of twelve, fourteen or sixteen residential dwelling units per gross acre, plus any other density bonuses available. The total eligible density must not exceed the maximum allowed pursuant to the GMP a total of 16 dwelling units per gros.,acre. C. Within the Rural Lands Stewardship Area Overlay of the Agricultural/Rural area, as identified on the future land use map of the growth management plan, towns, villages, hamlets and compact rural developments are allowed at a density range of one-half to four dwelling units per gross acre. The allowed density may be adjusted depending on the characteristics of the development. One characteristic of a housing development that would allow the addition of density bonuses is the provision of affordable housing in the development. The provision of affordable housing units may add up to eight dwelling units per gross acre to the allowed density of one-half to four dwelling units per gross acre, for a total of eight and one-half to twelve and one- half residential dwelling units per gross acre, plus any other density bonuses available. D. In order to qualify for the AHDB for a development, the developer must apply for and obtain the AHDB from the County for a development in accordance with this section, especially in accordance with the provisions of the AHDB program, including the AHDB rating system, the AHDB monitoring program, and the limitations on the AHDB. 1. Preapplication conference. Prior to submitting an application for AHDB, a preapplication conference may be scheduled with the County Manager or Ne designee. If the proposed development is to include affordable housing, the housing and urban improvement director, must participate in the The preapplication conference provides an opportunity to familiarize the applicant with the AHDB program and provides an opportunity for the county staff to obtain a clear understanding of the proposed development. The AHDB rating system, the AHDB monitoring program, the limitations, criteria, procedures, standard conditions, standard forms, and other information will be discussed and made available to the applicant. Depending on the type of development proposed, the application may Page 8 of 28 Words struck are deleted,words underlined are added DRAFT 11/9/18 9 C be combined with an application for a planned unit development (PUD), a rezone, or a Stewardship Receiving Area. 2. Application. An application for AHDB for a development must be submitted to the County Manager or bis designee in the form established by the County Manager or bis designee. One additional copy of the application ac othcrwicc The application must, at a minimum, include: a. Zoning districts proposed by the applicant on the property and acreage of each; b. The total number of residential dwelling units in the proposed development, categorized by number of bedrooms and whether the unit is to be rented or owner-occupied; c. The total number of AHDB units requested, categorized by number of bedrooms and whether the unit is to be rented or owner-occupied; d. Total number of affordable housing units proposed in the development categorized by level of income, number of bedrooms (one bedroom, two bedrooms, three bedrooms, or more), and rental units and owner- occupied units: Gap-income Allodcratc income households {one bedroom, two bedrooms, or three bedrooms or more). ii. Moderate-income Lew--income households {one bedroom, two bedrooms, or three bedrooms or more). iii. Low-income Very low income households {one bedroom, two bedrooms, or three bedrooms or more). iv. Very-low-inc o m e Total affordable housing units {one bedroom, Page 9 of 28 Words struck through are deleted,words underlined are added 9C DRAFT 11/9/18 two bedrooms, or three bedrooms or more). e. Gross density of the proposed development; f. Whether the AHDB is requested in conjunction with an application for a planned unit development (PUD), an-application-for rezoning, SRA -- - -- •-• - - - - - e. - - -- - A --, or a conditional use application for a Commercial Mixed-Use project as provided for within LDC section 4.02.38 of the LDC; and g. Any other information which would reasonably be needed to address the request for AHDB for the development pursuant to the requirements set forth in this section. 3. Determination of completeness. After receipt of an application for AHDB, the County Manager or designee 'e- - -•t . ._ . . -•--• _ -_ _ shall determine whether the application submitted is complete. If it is determined he determines that the application is not complete, the County Manager or designee •_. •- •- _• •••. . -••-- . -- e shall notify the applicant in writing of the deficiencies. The County Manager or designee housing a n d urban improvement director shall take no further steps to process the application until the deficiencies have been remedied. 4. Review and recommendation by the County Manager or designee. After receipt of a completed application for AHDB, the County Manager or designee must review and evaluate the application in light of the AHDB rating system, the AHDB monitoring program and the requirements of this section. The County Manager or designee must coordinate with the Zoning Division development cervices director or designee to schedule the AHDB application with the companion application for a PUD, rezoning, SRA, or conditional use planned unit development or stewardship receiving area, and must recommend to the planning commission and the BCC to deny, grant, or grant with conditions, the AHDB application. The recommendation of the County Manager or designee must include a report in support of recommendation. Page 10 of 28 Words struck through are deleted,words underlined are added 9C DRAFT 11/9/18 5. Review and recommendation by the planning commission. Upon receipt by the planning commission of the application for AHDB and the written recommendation and report of the County Manager or designee, the planning commission must schedule and hold a properly advertised and duly noticed public hearing on the application. If the application has been submitted in conjunction with an application for a PUD, rezoning, SRA, or conditional use, then the hearing must be consolidated and made a part of the public hearing on the respective application for the PUD before the planning commission_ , and the The planning commission must consider the application for AHDB in conjunction with the application for the PUD, rezoning, SRA, or conditional use. •- - -. .- - - -• - - consider the application for AHDB in conjunction with the application for rezoning. If the application has been submitted in conjunction with an application for a stewardship receiving ar a, then the hearing must be consolidated and made a part of the public hearing on the application for stewardship receiving area bcforc the planning commission, and the planning commission must consider the application for AHDB in conjunction ' • _ __ __ _ _ . _ _. _ -_- . - -_. After the close of the public hearing, the planning commission must review and evaluate the application in light of the requirements of this section and the requirements for a rezoning, PUD, rezoning, or SRA stewardship receiving ar a, or conditional use, as applicable, and must recommend to the BCC that the application be denied, granted or granted with conditions. 6. Review and determination by Board of County Commissioners. Upon receipt by the BCC of the application for AHDB and the written recommendation and report of the County Manager or designee and recommendation of the planning commission, the BCC must schedule and hold a properly advertised and duly noticed public hearing on the application. If the application has been submitted in conjunction with an application for a planned unit development (PUD), rezoning, SRA, or conditional use, then the hearing Page 11 of 28 Words struck through are deleted,words underlined are added 9C DRAFT 11/9/18 must be consolidated and made a part of the public hearing on the respective application for the planned unit development (PUD) before the BCC, and the BCC must consider the application for AHDB in conjunction with the application for the planned unit development (PUD), rezoning, SRA, or conditional use. If the application has been submitted in conjunction with an the BCC must consider the application for AHDB in conjunction with the with an application for a stewardship receiving area, then the hearing must be consolidated and made a part of the public hearing on the application for application for AHDB in conjunction with the application for stewardship receiving area. After the close of the public hearing, the BCC must review and evaluate the application in light of the requirements of this section and the requirements for a PUD, rezoning, SRA, or conditional use, and must deny, grant, or grant with conditions, the application in accordance with the AHDB rating system and the AHDB monitoring program. E. The procedures to request approval of a density bonus are described in Chapter 10 of this LDC, along with requirements for the developer's agreement to ensure compliance. * * 0 SUBSECTION 3._.AMENDMENTS TO SECTION 2.06.02 PURPOSE AND INTENT Section 2.06.02 Purpose and Intent, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 2.06.02 Purpose and Intent A. Section 2.06.00 is intended to implement and be consistent with the GMP, § 163.3161 et seq. F.S, Rule 9J-5, F.A.C., and the Stipulated Settlement Agreement in DOAH Case No. 89-1299 GM, by providing for moderate=, low:, and very_Iow=income housing Page 12 of 28 Words struck through are deleted,words underlined are added 9C DRAFT 11/9/18 through the use of density bonuses which allow an increase in the number of residential dwelling units per acre allowed on property proposed for development, thereby decreasing the per unit cost of land and development. B. This objective is accomplished by implementing an AHDB program which consists of an AHDB rating system and an AHDB monitoring program. The purpose of the AHDB rating system is to provide increased residential densities to developers who guarantee that a portion of their housing development will be affordable by households of gap-, moderate:, low:, or very:low-income, thus expanding housing opportunities for qap-, moderate:, low:, and very:low:income households throughout the county. The purpose of the AHDB monitoring program is to provide assurance that the program is properly implemented, monitored, and enforced, and that useful information on affordable housing may be collected. * * * * * * * * * * * * * [remainder of this page is blank] Page 13 of 28 Words struelE-threugh are deleted,words underlined are added 9C DRAFT 11/9/18 SUBSECTION 3. .AMENDMENTS TO SECTION 2.06.03 AHDB RATING SYSTEM Section 2.06.03 AHDB Rating System, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 2.06.03 AHDB Rating System A. The AHDB rating system shall be used to determine the amount of the AHDB which may be granted for a development, based on household income level, type of affordable housing units (owner-occupied or rental, single-family or multi-family), and percentage of affordable housing units in the development. To use the AHDB rating system, Table A below, shall be used. Table A shall be reviewed and updated, if necessary, on an annual basis by the BCC or its designee. 1. First, choose the household income level (50% of median income, 60% of median income, or 80% of median income) of the affordable housing unit(s). proposed in the development, and the type of affordable housing unit& (owner occupied or rental, single family or multi family, where applicable) to be provided, as shown in Table A. An AHDB based on the household income level is shown in Table A. Table A will indicate the maximum number of residential dwelling units per gross acre that may be added to are the maximum AHDB available to that development. Developments with percentages of affordable housing units which fall in between thc percentages shown on Table A shall receive an AHDB equal to the lower of the 2 percentages it lies between, plus 1/10 of a residential dwelling unit per development. For example, a development which has 21 percent of its total residential dwelling units as affordable housing units, at the 80 percent Ml level will receive an AHDB of 2.11 residential dwelling units per gross acre for thc development, 2. Where more than 1 type of affordable housing unit (based on level of income shown in Table A) is proposed for a development, the AHDB for each type shall Page 14 of 28 Words struck through are deleted,words underlined are added 9C DRAFT 11/9/18 be calculated separately. After the AHDB calculations for each type of affordable housing unit have been completed, the AHDB for each type of unit AHDB available for the development. In no event shall the AHDB exceed eight (8) dwelling units per gross acre. Table A.Affordable-Workforce-Gap Housing Density Bonus (Additional Available Dwelling Units Per Gross Acre) Maximum Allowable Dcnsity Bonus by Percent of Development Designated as Affordable Workforce Gap Housing i ! I Household Product lesame 10% , 28% 30% 40% = 58% 60% ,70% 80% 90% 100% (%median) g4____1_50.94 Ga * ** 1 8 4 4 5 6 6 6 6 e-/-a p 61 80% Workforce 11Ai_*- 8 8 5 8 8 8 8 8 8 8 1 51 60% r----Iew 3 4 6 8 8 8 8 8 8 8 M4 50%or lc.. Verb-6ew 4 5 .7 8 8 8 8 8 8 8 M4 i Page 15 of 28 Words struck rough are deleted,words underlined are added 9C DRAFT 11/9/18 Maximum Allowable Density Bonus by Percent of Development Designated as Affordable Housing',2'3 Product 10% 20% 30% 40% 50% 60% 70% 80% 90% 100% f%of MI) Gap 1 2 3 4 5 6 7 8 n a Lili (>120-5140)4,5 Moderate 2 4 5 6 7 8 9 10 11 12 (>80-5120)4 Low 3 6 7 8 9 10 11 12 12 12 (>50-580) Very-Low 7 8 9 10 11 12 12 12 12 12 (550) — — — Total Allowable Density = Base Density + Affordable Housing Density Bonus. In no event shall the maximum gross density exceed that which is allowed pursuant to the GMP. 2 Developments with percentages of affordable housing units which fall in between the percentages shown on Table A shall receive an AHDB equal to the lower of the two percentages it lies between, plus 1/10 of a residential dwelling unit per gross acre for each additional percentage of affordable housing units in the development. 3 Where more than one type of affordable housing unit (based on level of income shown above) is proposed for a development, the AHDB for each type shall be calculated separately. After the AHDB calculations for each type of affordable housing unit have been completed, the AHDB for each type of unit shall be added to those for the other type(s) to determine the maximum AHDB available for the development. In no event shall the AHDB exceed 12 dwelling units per gross acre. 4' Owner-occupied only Page 16 of 28 Words struck t3teugh are deleted,words underlined are added 9C DRAFT 11/9/18 "" May only be used in conjunction with at least 20 18% at or below 120 80% MI Total Allowable Density - Base Density + Affordable Workforce Gap Housing Density Bonus. In no event shall the maximum gross density allowed exceed 16 units per acre. B. The AHDB shall be available to a development only to the extent that it otherwise complies and is consistent with the GMP and the land development regulations, including the procedures, requirements, conditions, and criteria for "PUDs" and rezonings,where applicable. C. The minimum number of affordable housing units that shall be provided in a development pursuant to this section shall be ten (10) percent of the total affordable housing units. D. The ratio of number of bedrooms per affordable housing unit shall in general be equal to the ratio of the number of bedrooms per residential unit for the entire development. * * * * * * * * * * * * * SUBSECTION 3._. AMENDMENTS TO SECTION 2.06.04 LIMITATIONS ON AFFORDABLE HOUSING DENSITY BONUS Section 2.06.04 Limitations on Affordable Housing Density Bonus, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 2.06.04 Limitations on Affordable Housing Density Bonus Anything to the contrary notwithstanding, the following limitations and conditions shall apply to all of the AHDB for a development: Page 17 of 28 Words struck through are deleted,words underlined are added 9C DRAFT 11/9/18 A. Affordable housing density bonus development agreement required. The AHDB shall be available to a development only when an AHDB development agreement has been entered into by the developer/ applicant and the BCC, and such agreement has been approved by the county attorney and the BCC pursuant to the public hearing process established in this section prior to execution. Amendments to such agreement shall be processed as a regular agenda item before the BCC unless there is a companion land use petition in the same manner as the original agreement. The AHDB development agreement shall include, at a minimum, the following provisions: 1. Legal description of the land subject to the agreement and the names of its legal and equitable owners. 2. Total number of residential dwelling units in the development. 3. Minimum number of affordable housing units, categorized by level of household income, type of unit (single-family or multifamily, owner-occupied or rental), and number of bedrooms, required in the development. 4. Maximum number of AHDB dwelling units permitted in the development. 5. Gross residential density of the development. 6. Amount of monthly rent for rental units, or the price and conditions under which an owner-occupied unit will be sold, for each type of affordable housing unit in accordance with the definition for each type of affordable housing rental unit= {moderate, low-i and very=low-income;. 7. The foregoing notwithstanding, any rent charged for an affordable housing unit rented to a low- or very_low_income household family shall not exceed 90 percent of the rent charged for a comparable market rate dwelling in the same or similar development. Comparable market rate means the rental; amount charged for the Page 18 of 28 Words strusk-tlifeiigit are deleted,words underlined are added 9C DRAFT 11/9/18 and number of bedrooms, to be rented in the same development the amount published by the Florida Housing Finance Corporation for Collier County adjusted by income level, family size, and number of bedrooms, and updated annually. 8. No affordable housing unit in the development shall be rented to a tenant whose household income has not been verified and certified in accordance with this division as a moderate, low- or very_low:income household family. Such verification and certification shall be the responsibility of the developer and shall be submitted to the County Manager or his designee for approval. Tenant income verification and certification shall be repeated annually to assure continued eligibility. 9. No affordable housing unit that is to be sold, leased with option to purchase, or otherwise conveyed in the development shall be sold, leased with option to purchase, or otherwise conveyed to a buyer whose household income has not been verified and certified in accordance with this section as a qap-, moderate:, low=, or very_low:income household family. Such verification and certification shall be the responsibility of the developer and shall be submitted to the County Manager or his designee for approval. It is the intent of this section to keep housing affordable; therefore, any person who buys an affordable housing unit must agree, in a lien instrument to be recorded with the Clerk of the Circuit Court of Collier County, Florida, that if he sells the property is sold (to a non-income qualified buyer, including the land and/or the unit) within 15 years after the his original purchase at a sales price in excess of five percent per year of the his original purchase price that he will pay to the county an amount equal to one-half of the sales price in excess of five percent increase per year. The lien instrument may be subordinated to a qualifying first mortgage. 10. For example, a person originally buys a designated affordable housing unit (a house) for $60,000.00 and sells it after five years for $80,000.00. A five percent increase per year for five years will give a value of $76,577.00. Deducting this amount from the sales price of $80,000.00 gives a difference of $3,423.00. The seller would then owe the county $1,711.50 (one-half of $3,423.00). Payment of this amount would release the recorded lien first owner from the Page 19 of 28 Words ' t sruc�through are deleted,words underlined are added 9C DRAFT 11/9/18 recorded lien against the property. Such payment shall be maintained in a segregated fund, established by the county solely for affordable housing purposes, and such money shall be used solely to encourage, provide for, or promote affordable housing in Collier County. 11. No affordable housing unit in any building or structure in the development shall be occupied by the developer, any person related to or affiliated with the developer, or a resident manager. 12. When the developer advertises, rents, sells or maintains the affordable housing unit, it must advertise, rent, sell, and maintain the same in a nondiscriminatory manner and make available any relevant information to any person who is interested in renting or purchasing such affordable housing unit. The developer shall agree to be responsible for payment of any real estate commissions and fees. The affordable housing units in the development shall be identified on all building plans submitted to the county and described in the application for AHDB. 13. The developer shall not disclose to persons, other than the potential tenant, buyer or lender of the particular affordable housing unit or units, which units in the development are designated as affordable housing units. 14. The square footage, construction and design of the affordable housing units shall be the same as market rate dwelling units in the development. 15. The AHDB agreement and authorized development shall be consistent with the growth management plan and land development regulations of Collier County that are in effect at the time of development. Subsequently adopted laws and policies shall apply to the AHDB agreement and the development to the extent that they are not in conflict with the number, type of affordable housing units and the amount of AHDB approved for the development. 16. The affordable housing units shall be intermixed with, and not segregated from, the market rate dwelling units in the development. Page 20 of 28 Words struck through are deleted,words underlined are added 9_ C DRAFT 11/9/18 17. The conditions contained in the AHDB development agreement shall constitute covenants, restrictions, and conditions which shall run with the land and shall be binding upon the property and every person having any interest therein at any time and from time to time. 18. The AHDB development agreement shall be recorded in the official records of Collier County, Florida, subsequent to the recordation of the grant deed pursuant to which the developer acquires fee simple title to the property. 19. Each affordable housing rental unit shall be restricted to remain and be maintained as the type of affordable housing rental unit (modcratc, low= or very_low_income) designated in accordance with the AHDB development agreement for at least 30 45 years from the issuance of a certificate of occupancy for such unit. 20. Each affordable housing owner-occupied unit shall be restricted to remain and be maintained as the type of affordable housing owner-occupied unit (gap- , moderate- , low-, or very-low-income) designated in accordance with the AHDB development agreement for at least 15 years from the issuance of a certificate of occupancy for such unit. 21. The developer and owner of a rental the development shall provide on-site management to assure appropriate security, maintenance and appearance of the development and the dwelling units where these issues are a factor. B. Compliance with growth management plan and land development regulations. The AHDB shall be available to a development only to the extent that it otherwise complies and is consistent with the GMP and the land development regulations, including the procedures, requirements, conditions and criteria for planned unit development (PUDs) and rezonings, where applicable. Page 21 of 28 Words Legh are deleted,words underlined are added 9C DRAFT 11/9/18 C. Minimum number of affordable housing units. The minimum number of affordable housing units that shall be provided in a development pursuant to this section shall be te+� 10 percent of the total affordable housing units. D. Nontransferable. The AHDB is not transferrable between developments or properties. E. Phasing. In the case where a development will occur in more than one phase, the percentage of affordable housing units to which the developer has committed for the total development shall be maintained in each phase and shall be constructed as part of each phase of the development on the property. For example, if the total development's AHDB is based on the provision of ten percent of the total dwelling units as affordable housing rental units for low-income households with two bedrooms per unit, then each phase must maintain that same percentage (10 tet percent in this case)cumulatively. * * * * * * * * * * * * * SUBSECTION 3._. AMENDMENTS TO SECTION 2.06.05 AFFORDABLE HOUSING DENSITY BONUS MONITORING PROGRAM Section 2.06.05 Affordable Housing Density Bonus Monitoring Program, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 2.06.05 Affordable Housing Density Bonus Monitoring Program A. Annual progress and monitoring report. The AHDB for a development shall be subject to the AHDB monitoring program set forth in this section. The developer shall provide the County Manager or is designee with an annual progress and monitoring report regarding the delivery of affordable housing rental/ownership units throughout the period of their construction, rental, sale, and occupancy for each of the developer's developments which involve the AHDB in a form developed by the County Manager or #is designee. The annual progress and monitoring report shall, at a minimum, require any information reasonably helpful to ensure compliance with this section and provide information with regard to affordable housing in Collier County. To the extent feasible, Page 22 of 28 Words stfuelthfetigh are deleted,words underlined are added 9C DRAFT 11/9/18 the County Manager or his designee shall maintain public records of all dwelling units (AHDB and affordable housing units) constructed pursuant to the AHDB program, all affordable housing units constructed pursuant to the AHDB program, occupancy statistics of such dwelling units, complaints of violations of this section which are alleged to have occurred, the disposition of all such complaints, a list of those persons who have participated as tenants or buyers in the AHDB program, and such other records and information as the County Manager or his designee believes may be necessary or desirable to monitor the success of the AHDB program and the degree of compliance therewith. Failure to complete and submit the monitoring report to the County Manager or his designee within 60 days from the due date will result in a penalty of up to $50.00 per day per incident or occurrence unless a written extension not to exceed 30 days is requested prior to expiration of the 60-day submission deadline. B. Income verification and certification. 1. Eligibility. The determination of eligibility of gap-, moderate-, low-, and very-low- income households to rent or buy and occupy affordable housing units is the central component of the AHDB monitoring program. Household income eligibility is a three-step process: (a) Submittal of an application by a buyer or tenant; Verification of household income and assets; and Execution of an income certification. All three shall be accomplished prior to a buyer or tenant being qualified as an eligible household to rent or purchase and occupy an affordable housing unit pursuant to the AHDB program. No person shall occupy an affordable housing unit provided under the AHDB program prior to being qualified at the appropriate level of income (gap-, moderate-, low-, or very-low-income). Page 23 of 28 Words struck eugh are deleted,words underlined are added 9C DRAFT 11/9/18 Eligibility. The determination of eligibility of moderate, low, and very low component of the AHDB monitoring program. Family income eligibility is a three-step process: (1) submittal of an application by a buyer or tenant; (2) verification of family income; and (3) execution of an income certification. All . _ .- , provided under the AHDB program prior to being qualified at the appropriate 2. The developer shall be responsible for accepting applications from buyers or tenants, verifying income and obtaining the income certification for its development which involves AHDB, and all forms and documentation must be provided to the County Manager or his designee prior to qualification of the buyer or tenant as a gap-, moderate-, Iowa or very=low-income household family. The County Manager or his designee shall review all documentation provided, and may verify the information provided from time to time. Prior to occupancy by a qualified buyer or tenant, the developer shall provide to the County Manager or his designee, at a minimum, the application for affordable housing qualification, including the income verification form and the income certification form, and the purchase contract, lease, or rental agreement for that qualified buyer or tenant. At a minimum, the lease shall include the name, address and telephone number of the head of household and all other occupants, a description of the unit to be rented, the term of the lease, the rental amount, the use of the premises, and the rights and obligations of the parties. Random inspections to verify occupancy in accordance with this section may be conducted by the County Manager or his designee. 3. Application. A potential buyer or tenant shall apply to the developer, owner, manager, or agent to qualify as a qap-, moderate:, low:, or very_low:income household family for the purpose of renting; or owning and occupying an affordable housing rental unit pursuant to the AHDB program. The application for affordable housing qualification shall be in a form provided by the County Manager or his designee and may be a part of the income certification form. Page 24 of 28 Words strusk-thfough are deleted,words underlined are added 9C DRAFT 11/9/18 4. Income verification. The County Manager or his designee or the developer shall obtain written verification from the potential occupant (including the entire household) to verify all regular sources of income to the potential tenant/owner (including the entire household). The written verification form shall include, at a minimum, the purpose of the verification, a statement to release information, employer verification of gross annual income or rate of pay, number of hours worked, frequency of pay, bonuses, tips and commissions and a signature block with the date of application. The verification may take the form of the most recent year's federal income tax return for the potential tenant verification of the return, and a signature block with the date of application The verification shall be valid for up to 90 days prior to occupancy. Upon expiration of the 90-day period, the information may be verbally updated from the original sources for an additional 30 days, provided it has been documented by the person preparing the original verification. After this time, a new verification form must be completed. The income verification may take the form of the most recent year's filed income tax return for each occupant who had filed and will occupy the affordable housing unit. 5. Income certification. Upon receipt of the application and verification of income, an income certification form shall be executed by the potential buyer or tenant (including the entire household) prior to sale or rental and occupancy of the affordable housing unit by the owner or tenant. Income certification that the potential occupant has a gap-, moderate:, low=, or very-low-income household income qualifies the potential occupant as an eligible household family to buy or rent and occupy an affordable housing unit under the AHDB program. The income certification shall be in a form provided by the County Manager or his designee. 6. The Developer shall be deemed in compliance with the AHDB agreement if the Developer has complied with the tenant eligibility and qualification requirements of the Florida Housing Finance Corporation by providing the County Community and Page 25 of 28 Words struck through are deleted,words underlined are added 9C DRAFT 11/9/18 Human Services Division a copy of the annual Florida Housing Finance Corporation compliance and program reports. SUBSECTION 3._. AMENDMENTS TO SECTION 2.06.06 VIOLATIONS AND ENFORCEMENT Section 2.06.06 Violations and Enforcement, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 2.06.06 -Violations and Enforcement A. Violations. It is a violation of section 2.06.00 to rent, sell or occupy, or attempt to rent, sell or occupy, an affordable housing rental unit provided under the AHDB program except as specifically permitted by the terms of section 2.06.00, or to knowingly give false or misleading information with respect to any information required or requested by the County Manager or his designee or by other persons pursuant to the authority which is delegated to them by section 2.06.00. B. Notice of violation. Whenever it is determined that there is a violation of section 2.06.00, a notice of violation shall be issued and sent by the County Manager or his designee by certified return receipt requested U.S. mail, or hand delivery to the person or developer in violation of section 2.06.00. The notice of violation shall be in writing, shall be signed and dated by the County Manager or his designee or such other county personnel as may be authorized by the BCC, shall specify the violation or violations, shall state that said violation(s) shall be corrected within 10 ten days of the date of notice of violation, and shall state that if said violation(s) is not corrected by the specified date that civil and/or criminal enforcement may be pursued. If said violation(s) is not corrected by the specified date in the notice of violation, the County Manager or his designee shall issue a citation which shall state the date and time of issuance, name and address of the person in violation, date of the violation, section of these regulations, or subsequent amendments thereto, violated, name of the County Page 26 of 28 Words struck through are deleted,words underlined are added 9C DRAFT 11/9/18 Manager or his designee, and date and time when the violator shall appear before the code enforcement board. C. Criminal enforcement. Any person who violates any provision of this section shall, upon conviction, be punished by a fine not to exceed $500.00 per violation or by imprisonment in the county jail for a term not to exceed 60 days, or by both, pursuant to the provisions of F.S. § 125.69. Such person also shall pay all costs, including reasonable attorney's fees, including those incurred on appeal, involved in the case. Each day such violation continues, and each violation, shall be considered a separate offense. D. Civil enforcement. In addition to any criminal penalties which may be imposed pursuant to section 2.06.06 C. above, Collier County and the County Manager or his designee shall have full power to enforce the terms of this section and any AHDB development agreements, rezoning conditions or stipulations, and planned unit development (PUD) conditions and stipulations pursuant to this section and the rights, privileges and conditions described herein, by action at law or equity. In the event that it is determined that a violation has occurred and has not or will not be corrected within 60 days, the certificate of occupancy for all AHDB units within the development shall be withdrawn and the sanctions or penalties provided in the AHDB development agreement shall be pursued to the fullest extent allowed by law. * * * * * * * * * * * * * SECTION FOUR: CONFLICT AND SEVERABILITY In the event that any provisions of this ordinance should result in an unresolved conflict with the provisions of the Land Development Code (LDC) or Growth Management Plan (GMP), the applicable provisions of the LDC or GMP shall prevail. 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 this Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion. Page 27 of 28 Words Freugh are deleted,words underlined are added � C DRAFT 11/9/18 SECTION FIVE: INCLUSION IN THE COLLIER COUNTY LAND DEVELOPMENT CODE The provisions of this Ordinance shall become and be made a part of the Land Development Code of Collier County, Florida. The sections of the Ordinance may be renumbered or re-lettered to accomplish such, and the word "ordinance" may be changed to "section," "article," or any other appropriate word. SECTION SIX: EFFECTIVE DATE This Ordinance shall become effective upon filing with the Florida Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this day of January, 2019. ATTEST: BOARD OF COUNTY COMMISSIONERS CRYSTAL K. KINZEL, CLERK OF COLLIER COUNTY, FLORIDA By: By: , Deputy Clerk ANDY SOLIS, Chairman Approved as to form and legality: Scott A. Stone Assistant County Attorney 04-CMD-01077/ (_/ /18) Page 28 of 28 Words struckugh are deleted,words underlined are added 9C Ann P. Jennejohn From: Ann P. Jennejohn Sent: Thursday, December 27, 2018 11:38 AM To: legals@naplesnews.com Subject: PL20180002172 Attachments: PL20180002172.doc; PL20180002172.doc Good Morning, Please advertise the attached on Wednesday, January 2, 2019. Thank you. Ann Jennejohn, Sr. Deputy Clerk Board Minutes & Records Department Collier County Value Adjustment 13oard 23 9-252-84196 9C NDN Acct #068779 December 27, 2018 Attn: Legals Naples News Media 1100 Immokalee Road Naples, FL 34110 Re: PL20180002172 Dear Legals: Please advertise the above Legal Notice on Wednesday, January 2, 2019, and send the Affidavit of Publication, to this office. Thank you. Sincerely, Ann Jennejohn, Deputy Clerk P.O. #4500190197 9C NOTICE OF PUBLIC HEARING NOTICE OF INTENT TO CONSIDER AN ORDINANCE Notice is hereby given that a public hearing will be held by the Collier County Board of County Commissioners on January 22, 2019, in the Board of County Commissioners Meeting Room, Third Floor, Collier Government Center, 3299 East Tamiami Trail, Naples FL., the Board of County Commissioners (BCC) 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 ORDINANCE NUMBER 04-41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE LAND REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, TO MAKE CHANGES CONSISTENT WITH BOARD DIRECTION, INCLUDING REVISING THE AFFORDABLE HOUSING DEFINITION, UPDATING THE TERMINOLOGY AND INCOME LEVELS ASSOCIATED WITH AFFORDABLE HOUSING CATEGORIES, AND INCREASING THE MAXIMUM AFFORDABLE DENSITY BONUS FROM 8 TO 12 DWELLING UNITS PER ACRE, BY PROVIDING FOR: SECTION ONE, RECITALS; SECTION TWO, FINDINGS OF FACT; SECTION THREE, ADOPTION OF AMENDMENTS TO THE LAND DEVELOPMENT CODE, MORE SPECIFICALLY AMENDING THE FOLLOWING: CHAPTER ONE — GENERAL PROVISIONS, INCLUDING SECTION 1.08.02 DEFINITIONS; CHAPTER TWO—ZONING DISTRICTS AND USES, INCLUDING SECTION 2.06.01 GENERALLY, SECTION 2.06.02 PURPOSE AND INTENT, SECTION 2.06.03 AHDB RATING SYSTEM, SECTION 2.06.04 LIMITATIONS ON AFFORDABLE HOUSING DENSITY BONUS, SECTION 2.06.05 AFFORDABLE HOUSING DENSITY BONUS MONITORING PROGRAM, AND SECTION 2.06.06 VIOLATIONS AND ENFORCEMENT; SECTION FOUR, CONFLICT AND SEVERABILITY; SECTION FIVE, INCLUSION IN THE COLLIER COUNTY LAND DEVELOPMENT CODE;AND SECTION SIX,EFFECTIVE DATE. [PL20180002172] 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 manager prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 3 minutes on any item. The selection of any 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 materials used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal any 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. 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 Division, located at 3335 Tamiami Trail East, Suite 101,Naples, FL 9C 34112-5356, (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 Commissioner's Office. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA CHAIRMAN,ANDY SOLIS CRYSTAL K. KINZEL, CLERK By: Ann Jennejohn Deputy Clerk(SEAL) 9C Ann P. Jennejohn From: Ann P.Jennejohn Sent: Friday, December 28, 2018 3:26 PM To: NeetVirginia; CasanovaAlexandra;JohnsonEric Subject: FW:Approval Requested Ad: 2196488, NOTICE OF PUBLIC HEARING NOTICE OF I Attachments: BCCZONINGD-72-2196488-1.pdf For your approval. Thank you! Ann Jer tejolvt, Sr. Deputy Clerk Board Minutes & Records Department Collier County Value Adjustment Board 239-252-840(0 Original Message From: legals@vtaplesvtews.covvt <legals@vtaplesvtews.cowt> Sent: Friday, December 28, 2018 3:15 PM To: Ann P. Jevtvtejol'tvt <Arw.Jevwtejohvt@collierclerk.cowt> Subject: Approval Requested Ad: 2196488, NOTICE OF PUBLIC HEARING NOTICE OF I External Message: Please use caution when opening attachments, clicking links, or replying to this message. Hello, Please review the following proof and notify vete if everything is okay. Thank you and have a great day! Diana Aviles PART OF THE USA TODAY NETWORK Office: 23 9.213.(00(01 1 9C Ann P. Jennejohn From: legals@naplesnews.com Sent: Friday, December 28, 2018 3:57 PM To: Ann P.Jennejohn Subject: Approval Requested Ad: 2196488, NOTICE OF PUBLIC HEARING NOTICE OF I Attachments: BCCZONINGD-80-2196488-1.pdf Extervtal Message: Please use cautiovt whevt opevtivtg attachwtevtts, clickivtg livtks, or rept yivtg to this message. Hello, Please review the followivtg proof avid vtotify wte if everythivtg is okay. Thavtk you avid have a great day! Piavta Aviles PART OF THE USA TODAY NETWORK Office: 23 9.213.60(,1- 9C AI 411, > Ad Proof ? apLraiL u :;;Nrws Sales Rep:Diana Aviles(N3105) Phone: Email:Diana.Aviles@naplesnews.com Date:12/28/18 This is a proof of your ad scheduled to run on the dates indicated below. Account Number:505868(N068779) Please confirm placement prior to deadline by contacting your account Company Name:BCC/ZONING DEPARTMENT rep at . Ad Id:2196488 P.O.No.:4500190197 Total Cost:$476.00 Contact Name: Email:Cheri.LaFara@collierclerk.com Tag Line:NOTICE OF PUBLIC HEARING NOTICE OF I Address:3299 TAMIAMI TRL E#700,NAPLES,FL,34112 Start Date:01/02/19 Stop Date:01/02/19 Phone:(239)774-8049 Fax:(239)774-6179 Number of Timess: I Class:16250-Public Notices Publications:ND-Naples Daily News,ND-Intemet-naplesnews.com I agree this ad is accurate and as ordered. NOTICE OF PUBLIC HEARING DWELLING UNITS PER ACRE, presentation of the agenda disability who needs any NOTICE OF INTENT TO BY PROVIDING FOR: SECTION item to be addressed. accommodation in order to CONSIDER AN ORDINANCE ONE, RECITALS; SECTION Individual speakers will be participate in this proceeding, TWO, FINDINGS OF FACT; limited to 3 minutes on any you are entitled,at no cost to Notice is hereby given that SECTION THREE,ADOPTION OF item. The selection of any you,to the provision of certain a public hearing will be held AMENDMENTS TO THE LAND individual to speak on behalf assistance. Please contact by the Collier County Board DEVELOPMENT CODE, MORE of an organization or group is the Collier County Facilities of County Commissioners on SPECIFICALLY AMENDING encouraged. If recognized by Management Division,located January 22,2019,in the Board THE FOLLOWING: CHAPTER the Chairman,a spokesperson at 3335 Tamiami Trail East, of County Commissioners ONE- GENERAL PROVISIONS, for a group or organization Suite 101, Naples, FL 34112- Meeting Room, Third Floor, INCLUDING SECTION 1.08.02 may be allotted 10 minutes to 5356, (239) 252-8380, at least Collier Government Center, DEFINITIONS; CHAPTER TWO speak on an item. two days prior to the meeting. 3299 East Tamiami Trail, - ZONING DISTRICTS AND Assisted listening devices Naples FL., the Board of USES, INCLUDING SECTION Persons wishing to have for the hearing impaired County Commissioners (BCC) 2.06.01 GENERALLY, SECTION written or graphic materials are available in the Board will consider the enactment 2.06.02 PURPOSE AND INTENT, included in the Board agenda of County Commissioner's of a County Ordinance. The SECTION 2.06.03 AHDB RATING packets must submit said Office. meeting will commence at 9:00 SYSTEM, SECTION 2.06.04 material a minimum of 3 A.M.The title of the proposi LIMITATIONS ON AFFORDABLE weeks prior to the respective BOARD OF COUNTY Or mance is as follows: HOUSING DENSITY BONUS, public hearing. In any case, COMMISSIONERS SECTION 2.06.05 AFFORDABLE written materials intended COLLIER COUNTY,FLORIDA AN ORDINANCE OF THE HOUSING DENSITY BONUS to be considered by the BOARD OF COUNTY MONITORING PROGRAM, AND Board shall be submitted CHAIRMAN,ANDY SOLIS COMMISSIONERS OF COLLIER SECTION 2.06.06 VIOLATIONS to the appropriate County COUNTY,FLORIDA,AMENDING AND ENFORCEMENT; SECTION staff a minimum of seven CRYSTAL K.KINZEL,CLERK ORDINANCE NUMBER 04-41, FOUR, CONFLICT AND days prior to the public By: Ann Jennejohn AS AMENDED, THE COLLIER SEVERABILITY; SECTION hearing. All materials used Deputy Clerk COUNTY LAND DEVELOPMENT FIVE, INCLUSION IN THE in presentations before January 2,2019 No.2196488 CODE, WHICH INCLUDES COLLIER COUNTY LAND the Board will become a THE COMPREHENSIVE LAND DEVELOPMENT CODE; AND permanent part of the record. REGULATIONS FOR THE SECTION SIX,EFFECTIVE DATE. UNINCORPORATED AREA OF [PL20180002172] Any person who decides to COLLIER COUNTY,FLORIDA,TO appeal any decision of the MAKE CHANGES CONSISTENT A copy of the proposed Board will need a record of WITH BOARD DIRECTION, Ordinance is on file with the the proceedings pertaining INCLUDING REVISING THE Clerk to the Board and is thereto and therefore, may AFFORDABLE HOUSING available for inspection. All need to ensure that a verbatim DEFINITION, UPDATING THE interested parties are invited record of the proceedings is TERMINOLOGY AND INCOME to attend and be heard. made, which record includes LEVELS ASSOCIATED WITH the testimony and evidence AFFORDABLE HOUSING NOTE: All persons wishing upon which the appeal is CATEGORIES,ANDINCREASING to speak on any agenda based. THE MAXIMUM AFFORDABLE item must register with the DENSITY BONUS FROM 8 TO 12 County manager prior to If you are a person with a 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. Ann P. Jennejohn 9C From: Martha S. Vergara Sent: Monday, December 31, 2018 9:37 AM To: Ann P.Jennejohn Subject: FW:Approval Requested Ad: 2196488, NOTICE OF PUBLIC HEARING NOTICE OF I Original Message From: NeetVirginia <Virginia.Neet@colliercountyfl.gov> Sent: Monday, December 31-, 201-8 q:35 AM To: Martha S. Vergara <Martha.Vergara@collierclerk.com> Subject: FW: Approval Requested Ad: 219(0488, NOTICE OF PUBLIC HEARING NOTICE OF I Martha: See below. Pinny 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 sevtd electronic mail to this entity. Instead, contact this office by telephone or in writing. Original Message From: StoneScott Sent: Monday, December 31-, 201-8 9:33 AM To: NeetVirginia <Virginia.Neet@colliercountyfl.gov>; AshtonHeidi <Heidi.Ashton@colliercountyfl.gov>; CrotteauKathynell <Kathynell.Crotteau@colliercountyfl.gov> Cc: RodriguezWanda <Wanda.Rodriguez@colliercountyfl.gov> Subject: RE: Approval Requested Ad: 219(0488, NOTICE OF PUBLIC HEARING NOTICE OF I 1 9C "Notice of Land Development Code Change" in addition to "Notice of Intent to Consider an Ordinance" sounds good to me, if that is consistent with how we've done other LPC Amendments. And yes, I'll approve it as is with the petition number, based on Heidi's opinion that it should remain. I agree with her that it makes sense to include it now that we're reviewing thews through CityView. Scott A. Stone Assistant County Attorney Collier County Attorney's Office (23(?) 252-5740 Original Message From: NeetVirginia Sent: Monday, December 31-, 2018 9:28 AM To: AshtonHeidi <Heidi.Ashton@colliercountyfl.gov>; CrotteauKathynell <Kathynell.Crotteau@colliercountyfl.gov>; StoneScott <Scott.Stone@colliercountyfl.gov> Cc: RodriguezWanda <Wanda.Rodriguez@colliercountyfl.gov> Subject: RE: Approval Requested Ad: 2196488, NOTICE OF PUBLIC HEARING NOTICE OF I Since the title is correct, can we approve as is with the petition number at the end. Also, the heading for a LDC ad usually includes "Notice of Land Development Code Change" in addition to "Notice of Intent to Consider an Ordinance." This proof has "Notice of Public Hearing" and "Notice of Intent to Consider an Ordinance." Po we need to change this??? This runs on 1/2 so we will need to get the approval in today. Pinny Virginia A. Neet, FRP Office of the Collier County Attorney Telephone (239) 252-8060 - Fax (239) 252-6000 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. 2 9C Ann P. Jennejohn From: Ann P.Jennejohn Sent: Monday, December 31, 2018 9:46 AM To: Naples Daily News Legals Subject: RE:Approval Requested Ad: 2196488, NOTICE OF PUBLIC HEARING NOTICE OF I Attachments: Ad #2196488.pdf Hi Diana, Staff is requesting a small addition to this notice. Before the very top line (highlighted in the attached) Please insert "Notice of Land Development Code Change" So it reads: NOTICE OF LAND DEVELOPMENT CODE CHANGE NOTICE OF PUBLIC HEARING NOTICE OF INTENT TO CONSIDER AN ORDINANCE Thank you! Ann Jennejohn, Sr. Deputy Clerk I3oard Minutes & Records Department Collier County Value Adjustment Board 239-252-8406 Original Message From: legals@naplesnews.cow <legals@naplesnews.cow> Sent: Friday, December 2.8, 2018 3:57 PM To: Ann P. Jennejohn <Ann.Jennejohn@collierclerk.com> Subject: Approval Requested Ad: 2196488, NOTICE OF PUBLIC HEARING NOTICE OF I External Message: Please use caution when opening attachments, clicking links, or replying to this message. Hello, Please review the following proof and notify we if everything is okay. Thank you and have a great day! 1 9C Ann P. Jennejohn From: legals@naplesnews.com Sent: Monday, December 31, 2018 10:28 AM To: Ann P.Jennejohn Subject: Approval Requested Ad: 2196488, NOTICE OF LAND DEVELOPMENT CODE CHAN Attachments: BCCZONINGD-15-2196488-1.pdf Extervtal Message: Please use caution whevt opening attachments, clicking links, or replying to this message. Hello, Please review the following proof and notify vvie if everything is okay. Thavtk you and have a great day! Diana Aviles PART OF THE USA TODAY NETWORK Office: 23 9.213.(0061- 1 ' C > Ad Proof ?iapLri B3aiLij rwE1 Sales Rep:Diana Aviles(N3105) Phone: Email:Diana.Aviles@naplesnews.com —1111111111111111 11111111111 Date: 12/31/18 This is a proof of your ad scheduled to run on the dates indicated below. Account Number:505868(N068779) Please confirm placement prior to deadline by contacting your account Company Name:BCC/ZONING DEPARTMENT rep at . Ad Id:2196488 P.O.No.:4500190197 Total Cost:$481.95 Contact Name: Email:Cheri.LaFara@collierclerk.com Tag Line:NOTICE OF LAND DEVELOPMENT CODE CHAN Address:3299 TAMIAMI TRL E#700,NAPLES,FL,34112 Start Date:01/02/19 Stop Date:01/02/19 Phone:(239)774-8049 Fax:(239)774-6179 Number of Timess:1 Class: 16250-Public Notices Publications:ND-Naples Daily News,ND-Intemet-naplesnews.com NIEIMMINEMV I agree this ad is accurate and as ordered. NOTICE OF LAND THE MAXIMUM AFFORDABLE item must register with the DEVELOPMENT CODE CHANGE DENSITY BONUS FROM 810 12 County manager prior to If you are a person with a NOTICE OF PUBLIC HEARING DWELLING UNITS PER ACRE, presentation of the agenda disability who needs any NOTICE OF INTENT TO BY PROVIDING FOR: SECTION item to be addressed. accommodation in order to CONSIDER AN ORDINANCE ONE, RECITALS; SECTION Individual speakers will be participate in this proceeding, TWO, FINDINGS OF FACT; limited to 3 minutes on any you are entitled,at no cost to Notice is hereby given that SECTION THREE,ADOPTION OF item. The selection of any you,to the provision of certain a public hearing will be held AMENDMENTS TO THE LAND individual to speak on behalf assistance. Please contact by the Collier County Board DEVELOPMENT CODE, MORE of an organization or group is the Collier County Facilities of County Commissioners on SPECIFICALLY AMENDING encouraged. If recognized by Management Division,located January 22,2019,in the Board THE FOLLOWING: CHAPTER the Chairman,a spokesperson at 3335 Tamiami Trail East, of County Commissioners ONE- GENERAL PROVISIONS, for a group or organization Suite 101, Naples, FL 34112- Meeting Room, Third Floor, INCLUDING SECTION 1.08.02 may be allotted 10 minutes to 5356, (239) 252-8380, at least Collier Government Center, DEFINITIONS; CHAPTER TWO speak on an item. two days prior to the meeting. 3299 East Tamiami Trail, - ZONING DISTRICTS AND Assisted listening devices Naples FL., the Board of USES, INCLUDING SECTION Persons wishing to have for the hearing impaired County Commissioners (BCC) 2.06.01 GENERALLY, SECTION written or graphic materials are available in the Board will consider the enactment 2.06.02 PURPOSE AND INTENT, included in the Board agenda of County Commissioner's of a County Ordinance. The SECTION 2.06.03 AHDB RATING packets must submit said Office. meeting will commence at 9:00 SYSTEM, SECTION 2.06.04 material a minimum of 3 A.M.The title of the propos�ce LIMITATIONS ON AFFORDABLE weeks prior to the respective BOARD OF COUNTY Or mance is as follows: HOUSING DENSITY BONUS, public hearing. In any case, COMMISSIONERS SECTION 2.06.05 AFFORDABLE written materials intended COLLIER COUNTY,FLORIDA AN ORDINANCE OF THE HOUSING DENSITY BONUS to be considered by the BOARD OF COUNTY MONITORING PROGRAM, AND Board shall be submitted CHAIRMAN,ANDY SOLIS COMMISSIONERS OF COLLIER SECTION 2.06.06 VIOLATIONS to the appropriate County COUNTY,FLORIDA,AMENDING AND ENFORCEMENT; SECTION staff a minimum of seven CRYSTAL K.KINZEL,CLERK ORDINANCE NUMBER 04-41, FOUR, CONFLICT AND days prior to the public By: Ann Jennejohn AS AMENDED, THE COLLIER SEVERABILITY; SECTION hearing. All materials used Deputy Clerk COUNTY LAND DEVELOPMENT FIVE, INCLUSION IN THE in presentations before January 2,2019 No.2196488 CODE, WHICH INCLUDES COLLIER COUNTY LAND the Board will become a THE COMPREHENSIVE LAND DEVELOPMENT CODE; AND permanent part of the record. REGULATIONS FOR THE SECTION SIX,EFFECTIVE DATE. UNINCORPORATED AREA OF [PL20180002172] Any person who decides to COLLIER COUNTY,FLORIDA,TO appeal any decision of the MAKE CHANGES CONSISTENT A copy of the proposed Board will need a record of WITH BOARD DIRECTION, Ordinance is on file with the the proceedings pertaining INCLUDING REVISING THE Clerk to the Board and is thereto and therefore, may AFFORDABLE HOUSING available for inspection. All need to ensure that a verbatim DEFINITION, UPDATING THE interested parties are invited record of the proceedings is TERMINOLOGY AND INCOME to attend and be heard. made, which record includes LEVELS ASSOCIATED WITH the testimony and evidence AFFORDABLE HOUSING NOTE: All persons wishing upon which the appeal is CATEGORIES,AND INCREASING to speak on any agenda based. 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. 9C Ann P. Jennejohn From: FrantzJeremy <Jeremy.Frantz@colliercountyfl.gov> Sent: Monday, December 31, 2018 11:54 AM To: CasanovaAlexandra Subject: RE:Approval Requested Ad: 2196488, NOTICE OF PUBLIC HEARING NOTICE OF I I have vto changes. Thank you. Respectfully, Jeremy Frantz, AICP Land Development Code Manager Original Message From: CasanovaAlexandra <Alexavtdra.Casanova@colliercountyfl.gov> Sevtt: Friday, December 28, 2018 3:31 PM To: FrantzJeremy <Jeremy.Frantz@colliercountyfl.gov> Subject: FW: Approval Requested Ad: 21q(0488, NOTICE OF PUI3LIC HEARING NOTICE OF I Jeremy, Good afternoon. For your review and approval for PL2O180002172 - Affordable Housing Density 13onus going before 1/22/201g 13CC. Thank you for your attention to this matter. Respectfully, Alexandra Casanova Operations Coordinator - Zoning Division 2800 North Horseshoe Drive, Naples, FL 34104 Phone: 2341-252-2.658 Note: Email Address Has Changed Alexandra.casanova@colliercountyfl.gov Tell us how we are doing by taking our Zoning Division Survey at http://bit.ly/CollierZoning. Exceeding Expectations 1 9C Ann P. Jennejohn From: NeetVirginia <Virginia.Neet@colliercountyfl.gov> Sent: Monday, December 31, 2018 12:28 PM To: Ann P.Jennejohn Subject: FW:Approval Requested Ad: 2196488, NOTICE OF LAND DEVELOPMENT CODE CHAN Original Message Frowt: StoneScott Sent: Monday, December 31, 201-8 1-2:08 PM To: NeetVirginia <Virginia.Neet@colliercountyfl.gov> Cc: CrotteauKathynell <Kathynell.Crotteau@colliercountyfl.gov> Subject: RE: Approval Requested Ad: 2190488, NOTICE OF LAND DEVELOPMENT CODE CHAN I just checked--it did! Ok, I guess we'll go with that. All three phrases are fine. Scott A. Stone Assistant County Attorney Collier County Attorney's Office (23q) 252-5740 Original Message From: StoneScott Sent: Monday, December 31-, 201-8 12:08 PM To: NeetVirginia <Virginia.Neet@colliercountyfl.gov> Cc: CrotteauKathynell <Kathynell.Crotteau@colliercountyfl.gov> Subject: RE: Approval Requested Ad: 2196488, NOTICE OF LAND DEVELOPMENT CODE CHAN Does Heidi's LDC Amendment ad have all three phrases as well? That seems like a lot! Scott A. Stone Ii Assistant County Attorney Collier County Attorney's Office (23q) 252-5740 Original Message 1 Plublit;MOWS i:-''. .-, + NOTICE OF LAND 9 C DEVELOPMENT CODE CHANGE NOTICE OF PUBLIC HEARING NOTICE OF INTENT To CONSIDER AN ORDINANCE Notice is hereby given that a public hearing will be held by the Collier County Board of County Commissioners on -1 N January 22,2019,in the Board A of County Commissioners Meeting Room, Third Floor, - Collier Government Center, , • 3299 East Tamiami Trail, Naples FL., the Board of made, which record includes ' County Commissioners(BCC) the testimony and evidence p will consider the enactment upon which the appeal is z -of a County Ordinance. The based. m meeting wilt commence at 9:00 0 A.M.The title of the proposed If you are a person with a 2. Ordnance is as follows: disability who needs any < accommodation in order to AN ORDINANCE OF THE participate in this proceeding, y BOARD OF COUNTY you are entitled,at no cost to z COMMISSIONERS OF COLLIER you,to the provision of certain e COUNTY,FLORIDA,AMENDING assistance. Please contact > ORDINANCE NUMBER 04-41, the Collier County Facilities - AS AMENDED, THE COLLIER Management Division,located N COUNTY LAND DEVELOPMENT at 3335 Tamiami Trail East, CODE, WHICH INCLUDES Suite 101, Naples, FL 34112• o THE COMPREHENSIVE LAND 5356, (239)252-8380,at least G. REGULATIONS FOR THE two days prior tothe meeting. G. UNINCORPORATED AREA OF Assisted listening devices COLLIER COUNTY,FLORIDA,TO for the hearing impaired - MAKE CHANGES CONSISTENT are available in the Board 2 WITH BOARD DIRECTION, of County Commissioner's INCLUDING REVISING THE Office. 'V AFFORDABLE HOUSING m DEFINITION, UPDATING THE BOARD OF COUNTY TERMINOLOGY AND INCOME COMMISSIONERS t7 LEVELS ASSOCIATED WITH COLLIER COUNTY,FLORIDA A AFFORDABLE HOUSING CHAIRMAN,ANDY SOLIS ; CATEGORIES,ANDINCREASING < THE MAXIMUM AFFORDABLE CRYSTAL K.KINZEL,CLERK 2 DENSITY BONUS FROM 8 TO 12 By:RAnnAK.KINZEL, m DWELLING UNITS PER ACRE, Clerk Deputym nejohn BY PROVIDING FOR: SECTION January DDe uty No.2196488 to ONE, RECITALS; SECTION TWO, FINDINGS OF FACT; SECTION THREE,ADOPTION OF AMENDMENTS TO THE LAND DEVELOPMENT CODE, MORE SPECIFICALLY AMENDING THE FOLLOWING: CHAPTER ONE-GENERAL PROVISIONS, INCLUDING SECTION 1.08.02 DEFINITIONS; CHAPTER TWO - ZONING DISTRICTS AND USES, INCLUDING SECTION 2.06.01 GENERALLY, SECTION 2,06.02 PURPOSE AND INTENT, SECTION 2.06.03 AHDB RATING SYSTEM, SECTION 2.06.04 LIMITATIONS ON AFFORDABLE HOUSING DENSITY BONUS, SECTION 2.06.05 AFFORDABLE HOUSING DENSITY BONUS MONITORING PROGRAM,AND SECTION 2.06.06 VIOLATIONS AND ENFORCEMENT;SECTION FOUR, CONFLICT AND SEVERABILITY; SECTION FIVE, INCLUSION IN THE COLLIER COUNTY LAND DEVELOPMENT CODE; AND SECTION SIX,EFFECTIVE DATE. [PL20180002172) 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 manager prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 3 minutes on any item. The selection of any individual to speak on behalf of an organization or group is encouraged. If recognized by the Chairman,a spokesperson for a group or organization I may be allotted 10 minutes to speak on an Item. Persons wishing to have written or graphic materials I included in the Board agenda I packets must minimum of submit said material a 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 materials used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal any 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 i 1 9C ?'apLrø Battu rw !t 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.# BCC/ZONING DEPARTMENT 2196488 NOTICE OF LAND DEVEL 4500190197 Pub Dates January 2,2019 � � a'i (Sign ture of affiant) 1 /..;;;;'",.., KAROL E KANGAS 1 Notary Pubk-Nate of Florida Sworn to and subscribed before me ( y Comm lGGt2O41 , 1 .Explrealu129,2021 This January 02,2019 f • -s,: My Commw miNotw>o, 0 annumarwrompmpwinermminwa .\- ,,,,w4 g qomer (Signature of affiant) 9C NOTICE OF LAND individual to speak on behalf DEVELOPMENT CODE CHANGE of an organization or group is NOTICE OF PUBLIC HEARING encouraged. If recognized by NOTICE OF INTENT TO the Chairman,a spokesperson CONSIDER AN ORDINANCE for a group or organization may be allotted 10 minutes to Notice is hereby given that speak on an item. a public hearing will be held by the Collier County Board Persons wishing to have of County Commissioners on written or graphic materials January 22,2019,in the Board included in the Board agenda of County Commissioners packets must submit said Meeting Room, Third Floor, material a minimum of 3 Collier Government Center, weeks prior to the respective 3299 East Tamiami Trail, public hearing. In any case, Naples FL., the Board of written materials intended County Commissioners (BCC) to be considered by the will consider the enactment Board shall be submitted of a County Ordinance. The to the appropriate County meeting will commence at 9:00 staff a minimum of seven A.M.The title of the proposed days prior to the public Ordinance is as follows: hearing. All materials used in presentations before AN ORDINANCE OF THE the Board will become a BOARD OF COUNTY permanent part of the record. COMMISSIONERS OF COLLIER COUNTY,FLORIDA,AMENDING Any person who decides to ORDINANCE NUMBER 04-41, appeal any decision of the AS AMENDED, THE COLLIER Board will need a record of COUNTY LAND DEVELOPMENT the proceedings pertaining CODE, WHICH INCLUDES thereto and therefore, may THE COMPREHENSIVE LAND need to ensure that a verbatim REGULATIONS FOR THE record of the proceedings is UNINCORPORATED AREA OF made, which record includes COLLIER COUNTY,FLORIDA,TO the testimony and evidence MAKE CHANGES CONSISTENT upon which the appeal is WITH BOARD DIRECTION, based. INCLUDING REVISING THE AFFORDABLE HOUSING If you are a person with a DEFINITION, UPDATING THE disability who needs any TERMINOLOGY AND INCOME accommodation in order to LEVELS ASSOCIATED WITH participate in this proceeding, AFFORDABLE HOUSING you are entitled,at no cost to CATEGORIES,AND INCREASING you,to the provision of certain THE MAXIMUM AFFORDABLE assistance. Please contact DENSITY BONUS FROM 8 TO 12 the Collier County Facilities DWELLING UNITS PER ACRE, Management Division,located BY PROVIDING FOR: SECTION at 3335 Tamiami Trail East, ONE, RECITALS; SECTION Suite 101, Naples, FL 34112- TWO, FINDINGS OF FACT; 5356, (239) 252-8380, at least SECTION THREE,ADOPTION OF two days prior to the meeting. AMENDMENTS TO THE LAND Assisted listening devices DEVELOPMENT CODE, MORE for the hearing impaired SPECIFICALLY AMENDING are available in the Board THE FOLLOWING: CHAPTER of County Commissioner's ONE - GENERAL PROVISIONS, Office. INCLUDING SECTION 1.08.02 DEFINITIONS; CHAPTER TWO BOARD OF COUNTY - ZONING DISTRICTS AND COMMISSIONERS USES, INCLUDING SECTION COLLIER COUNTY,FLORIDA 2.06.01 GENERALLY, SECTION 2.06.02 PURPOSE AND INTENT, CHAIRMAN,ANDY SOLIS SECTION 2.06.03 AHDB RATING SYSTEM, SECTION 2.06.04 CRYSTAL K.KINZEL,CLERK LIMITATIONS ON AFFORDABLE By: Ann Jennejohn HOUSING DENSITY BONUS, Deputy Clerk SECTION 2.06.05 AFFORDABLE January 2,2019 No.2196488 HOUSING DENSITY BONUS MONITORING PROGRAM, AND SECTION 2.06.06 VIOLATIONS AND ENFORCEMENT; SECTION FOUR, CONFLICT AND SEVERABILITY; SECTION FIVE, INCLUSION IN THE COLLIER COUNTY LAND DEVELOPMENT CODE; AND SECTION SIX,EFFECTIVE DATE. [PL20180002172] 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 manager prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 3 minutes on any item. The selection of any C., CT 0 (I) `r' O 0 O O O cn C Q •- _C O) -1- C — E 6 ,_ Q.) _c- _c _C to - O 0 -+-- +- .0 o - O � 0 - U O Cl) = 4) E. a E- 0 00 , , s c O) 5 V a) E O coW a) O O 7 i r�'1 O •y r •g. E 4) Q a) _c- 0 L D O 0 L- D U �- C � OO > OUC UO U) 0 y _ +- -0 'E c o • 7--- a) U WO — 0 *--- OE CL 0 4) > 0 O O ) -C • - > C 0 , - 0 D DO CO — O C a) C C Cm OUDO * C �, O v� O .DC XOUv) � 0 E a) O c QoEa .c .coao) O 0 ii= +- T=c g 0 3 e e 2 o 0 COr>` p 0 p O v N Q � D p N M 3 O E 1 i I -01 01 O N O g r- O O } M * 00 N U -CI 0 LL, --. -i--- O 0 O Q 6uisnoH algapaoljy U D O O 0 0 0 �' O O O O O O O O O O N O Lc) Lir) 0 N M 0 N N / V (/)- V). 13 U AA O 0 id- CQ o 11) N O` M C LO N 43 a- V M ILO CO . O M 0) V r- N N c I t D C 00 _ eio z I. UGel >4. • _. -1— 4--- C 0 _ 6 >. 2 J tlQ O N Ncna Jo 10 p 3 Q OU O N a U / v ti! N ?:Ny O i O m Z6 N Q On N Lr) V' N °n 01 C LO 6 tn N U O a O N p cN E a Up i-- 1.7 a: .-=0 co N HH uosaad E 0 C., y > .= 0 r71 E a > 140 O O V N r y y U a1 � `- •— a) 0 C; >• &3 xt— V L V I j L = 2 tn "2 > ^ i W •— D c > N O UD o C_ 41-)k, u O y .y O .Q2 Q a) CO •C \ } _c O O O U +— . O ._ N�' .r- 3 h O N _ 0 D V C - y y O s D 4- } a) y } O Q� CD 0 .0 O ♦... O 0) N 0 0 >O o ci) D U) � 1392 � aci O U 0) C N . - V) D 0 ZC > �, o c o � O O Q) .- _04c O O O U -0 S O Q) >, C r— > O a c..)- N N -c-5 O O O •� O O L Q N U n -0 CD -0 E •- -0 -*- O O T- Q) ` ) C O E 4. 6 ° (D .5 — ED- Q QOD you c o 0Qo .N 9C GrecoSherry From: CarnellSteve Sent: Tuesday,January 22, 2019 8:42 AM To: TaylorPenny Cc: GrecoSherry; OchsLeo;WilliamsBarry Subject: FW: Commissioner Taylor's inquiry regarding Conservation Collier Good morning Commissioner. Enclosed is Barry's reply to your question re total expenditures on maintenance over the life of the Conservation Collier program. We don't have an exact figure handy, but Barry is estimating below that we have spent circa $10.6 M cumulatively in maintenance over the last 14 complete years of the program (FY 05 through FY 18). Steve From:WilliamsBarry Sent:Tuesday,January 22, 2019 4:40 AM To: OchsLeo<Leo.Ochs@colliercountyfl.gov> Cc: CasalanguidaNick<Nick.Casalanguida@colliercountyfl.gov>; CarnellSteve<Steve.Carnell@colliercountyfl.gov>; Washburnllonka <Ilonka.Washburn@colliercountyfl.gov>; BrownAraqueSummer <Summer.Araque@colliercountyfl.gov>; FinnEd <Ed.Finn@colliercountyfl.gov> Subject: Re: Commissioner Taylor's inquiry regarding Conservation Collier Leo, In looking at past annual reports, maintenance and operating expenses combined, your looking at roughly $16M. If you just looked at just maintenance its approximately$10.6M. Let me know if you need more detail. Barry From:WilliamsBarry Sent: Monday,January 21, 2019 7:07 PM To: OchsLeo Cc: CasalanguidaNick; CarnellSteve;Washburnllonka; BrownAraqueSummer; FinnEd Subject: Re: Commissioner Taylor's inquiry regarding Conservation Collier Got it...will give you a response first thing tomorrow... Sent from my iPhone 1 9C On Jan 21, 2019, at 6:30 PM, OchsLeo <Leo.Ochs@colliercountyfl.gov> wrote: I believe the question asked was what is the total program maintenance expenses over the life of the program. Sent from my iPhone On Jan 21, 2019, at 3:55 PM, WilliamsBarry<Barry.Williams@colliercountyfl.gov> wrote: Leo, To answer the Commissioner's question,the program originally purchased 4,040.84 acres at a cost of$103.9M. The ordinance set aside 15%for maintenance of the existing properties, but in subsequent years that amount was increased. The thinking that for future purchase of lands the ratio should be 75% land acquisition, and 25% perpetual maintenance. Currently the maintenance fund has$32.2M and the interest associated with that fund generates what we use for operating the 19 preserves currently in the portfolio. Due to the low interest environment the trust fund interest does not generate enough to fund the annual operating costs of approximately$750K annually. The annual operating budget of Conservation Collier is supplemented by the grants identified previously and also thru support from the trust fund,which causes slight attrition of the fund. A more favorable interest environment would stop that erosion, but in the current environment,the fund is affected as described above. For the current preserves, the initial maintenance has been achieved and the maintenance expenditures have plateaued. For future purchases,the direction given was to further spend from the $32M set aside for maintenance. If the Board adopts purchase of these properties,the maintenance budget would be reduced by$18M for the purchase,$2.9M for initial exotic removal and an additional$653K annually in operating costs. This would reduce the current maintenance fund to zero in less than 15 years without replenishment. Let me know if you need more information to answer the question or require further analysis. Barry 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. 2 ' -rGt-Y) Q C 3ce 1/ z/ GrecoSherry From: CarnellSteve Sent: Friday,January 18, 2019 4:31 PM To: TaylorPenny Cc: OchsLeo; GrecoSherry;WilliamsBarry; CasalanguidaNick Subject: RE: Conservation Collier Attachments: Conservation Collier Grants 2005-2018.pdf Follow Up Flag: Follow up Flag Status: Flagged Good afternoon Commissioner. Per your request, please find attached an itemized list of grant funding received by Conservation Collier by year dating back to 2005. If you need further information, please let us know. Enjoy your holiday weekend. Steve Original Message From:TaylorPenny Sent: Monday,January 14, 2019 12:20 PM To: OchsLeo<Leo.Ochs@colliercountyfl.gov> Cc: GrecoSherry<Sherry.Greco@colliercountyfl.gov> Subject: Conservation Collier Dear Leo, Thank you for coming up to my meeting today and clarifying the issue regarding the Hack property. In preparation for the upcoming meeting and the discussion again about the Conservation Collier ordinance, would you kindly forward me where we are in the FEMA repayment schedule for Hurricane Irma. I know we haven't been made whole, but how much has been refunded by FEMA as compared to how much have we spent on this hurricane? I would also like a total $ amount of the grants Collier County has obtained to maintain the properties in the Conservation Collier program since the inception of the program. Please break that down on a year-by-year basis. Thank you. Penny Penny Taylor Collier County Board of County Commissioners District 4, Commissioner 3299 Tamiami Trail East, Suite 303 1 Naples, FL. 34112 Penny.Taylor@CollierCountyfl.gov 239-252-8604 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. 2 9C Conservation Collier Grants and Funding Assistance 2005-2018 Year Amount 2005 $10,000 2006 $7,500 2007 $167,700 2008 $23,400 2009 $79,345 2010 $15,000 2011 $146,404 2012 $0 2013 $15,000 2014 $68,996 2015 $76,372 2016 $194,218 2017 $73,845 *2018 $168,611 TOTAL $1,046,400 *Estimated funding assistance -will have exact number in February 2019