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Backup Documents 09/14/2021 Item #17D 9-1 4-21 AMENDING ORDINANCCE 2019-01 1 70 „.1 COLLIER COUNTY FLORIDA REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS • ono To: Clerk to the Board: Please place the following as a: fit ►� Normal legal Advertisement ❑ Other: (Display Adv., location,etc.) Originating Dept/Div: Building Review& Inspection/GMD Person: Christopher Mason 252-2932 Date: 7/14/21 Petition No.(If none,give brief description): Floodplain Management Ordinance amendment Petitioner: (Name&Address): none Name&Address of any person(s)to be notified by Clerk's Office:(limore space is needed,attach separate sheet) none Hearing before BCC BZA Other Requested Hearing date:(Based on advertisement appearing 20 days before hearing.) September 14,2021 (ad to run no later than Wednesday,August 25,2021) Newspaper(s)to be used: (Complete only if important): ® Naples Daily News ❑ Other ❑ Legally Required Proposed Text: (Include legal description&common location&Size) AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY,FLORIDA,AMENDING ORDINANCE NO.2019-01,THE FLOODPLAIN MANAGEMENT ORDINANCE,TO ALLOW THE INTERIOR PORTION OF ENCLOSED AREAS BELOW ELEVATED BUILDINGS AND STRUCTURES TO BE TEMPERATURE-CONTROLLED BY A PERMANENTLY MOUNTED AIR- CONDITIONER OR CONNECTED TO CENTRAL AIR; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES;PROVIDING FOR CONFLICT AND SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. Companion petition(s),if any&proposed hearing date: None Purchase Order Number to be charged for advertising costs:4500209688 Reviewed by: V/«mot Division Administrator or Designee Date List Attachments: proposed ordinance 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 document is involved,be sure that any necessary legal review,or request for same,is submitted to County Attorney before submitting to County Manager. The Manager's office will distribute copies: ❑ County Manager agenda file: to ❑Requesting Division ❑Original Clerk's Office B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office,retaining a copy for file. *********************************************************************************************************** FOR CLERK'S OFFICE USE QNLY: n Q7 Date Received: '!"al(Q-aj Date of Public hearing: "1�'1�'�t Date Advertised: p_ 170 Ann P. Jennejohn From: RodriguezWanda <Wanda.Rodriguez@colliercountyfl.gov> Sent: Monday,July 26, 2021 10:30 AM To: Minutes and Records Cc: MasonChristopher; GuitardDonna; LynchDiane Subject: ad request - amend Floodplain Management Ord. Attachments: ad request - amend 19-01 Floodplain Management Ord..pdf; Ordinance - Floodplain Management amend 19-01 - 042121.docx Good morning, Please process the attached ad request to run on Wednesday, August 25, 2021, as a regular legal ad. Thank you, 'Wanda Rodriguez, ACP, CP.W1 Office of the County Attorney (239) 252-8400 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. 1 170 Ann P. Jennejohn From: Ann P.Jennejohn Sent: Monday, July 26, 2021 10:33 AM To: RodriguezWanda Cc: MasonChristopher; GuitardDonna; Lynch Diane Subject: RE: ad request - amend Floodplain Management Ord. Good Morning, I'll send this over to NPN this morning. Thank you! Ann JennejoAn I3MR Senior Deputy Clerk II „on( k.t.� Clerk to the Value Adjustment Board re.ito Office: 2367-252-s4o6 4 4 Fax: 239-252-8408 (if applicable) Ann.Jennejohn@CollierClerk.cowt �� ¢�ti�� Office of the Clerk of the Circuit Court & Covnptroller of Collier County 32gq Taw.iavni Trail, Suite #401- Naples, FL 34112-5324 www.CollierClerk.cow. From: RodriguezWanda <Wanda.Rodriguez@colliercountyfl.gov> Sent: Monday,July 26, 2021 10:30 AM To: Minutes and Records<MinutesandRecords@collierclerk.com> Cc: MasonChristopher<Christopher.Mason@colliercountyfl.gov>; GuitardDonna <Donna.Guitard@colliercountyfl.gov>; LynchDiane<Diane.Lynch@colliercountyfl.gov> Subject:ad request-amend Floodplain Management Ord. Good morning, Please process the attached ad request to run on Wednesday, August 25, 2021, as a regular legal ad. Thank you, Wanda 'Rodriguez, ACT, CT M Office of the County Attorney (239) 252-8400 17D ORDINANCE NO. 2021 - AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NO. 2019-01, THE FLOODPLAIN MANAGEMENT ORDINANCE, TO ALLOW THE INTERIOR PORTION OF ENCLOSED AREAS BELOW ELEVATED BUILDINGS AND STRUCTURES TO BE TEMPERATURE-CONTROLLED BY A PERMANENTLY MOUNTED AIR-CONDITIONER OR CONNECTED TO CENTRAL AIR; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; PROVIDING FOR CONFLICT AND SEVERABILITY;AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS,the Collier County Board of County Commissioners(Board) seeks to protect the health, safety and welfare of the citizens of Collier County; and WHEREAS, Chapter 125, Florida Statutes, establishes the right and power of counties to provide for the health,welfare and safety of existing and future residents by enacting and enforcing regulations necessary for the protection of the public including Flood damage prevention ordinances; and WHEREAS, on January 8, 2019, the Board adopted Ordinance No. 2019-01, the Floodplain Management Ordinance of Collier County,based on the updated State of Florida Model Flood Damage Prevention Ordinance and repealed the previously adopted Ordinance No. 2011-07, an Ordinance relating to Flood Damage Prevention, amended by Ordinance Nos. 2012- 06 and 2012-24; and WHEREAS, the County's Floodplain Management Ordinance does not allow enclosed areas below elevated buildings and structures to be temperature controlled and the State's Model Ordinance does not include this limitation; and WHEREAS,the Board desires to amend Collier County's current Floodplain Management Ordinance to allow enclosed areas below elevated buildings and structures to be temperature controlled; NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA,that: SECTION ONE: AMENDMENT TO SECTION 12.B OF ORDINANCE NO. 2019-01 Section 12.B of Ordinance No. 2019-01 is hereby amended to read as follows: SECTION 12: BUILDINGS AND STRUCTURES. ****ic***3c****o'c9c*xicic****xx... [21-IPR-00023/1625547/1]15 4-21-21 Page 1 of 3 17 B. Enclosures below the lowest floor. Enclosed areas below elevated buildings and structures shall comply with the requirements of the Florida Building Code, shall be limited to parking of vehicles, storage, and building access, and shall comply with the following: (1) Access to the enclosed area shall be the minimum necessary to allow for: (a.) Parking of vehicles (garage doors); (b.) Limited storage of maintenance equipment used in connection with the premises (standard exterior door not to exceed 3.0 ft. by 8.0 ft.); (c.) Main entrance to the structure (one double door set). (2) The interior portion of such enclosed area shall not be temperature controlled by (2)(3) All areas that are partitioned within the enclosed area shall be vented in accordance with ASCE 24 Flood Resistant Design and Construction; (3)(4} All construction below the lowest floor shall be built with flood damage-resistant materials consistent with ASCE 24 Flood Resistant Design and Construction, for example: pressure treated wood and water-durable and mold resistant cement backerboard; and (4)(5) Section 6, D (8) of this ordinance, regarding a Declaration of Land Restriction (Non-conversion agreement). ********************************* SECTION TWO: APPLICABILITY. For the purposes of jurisdictional applicability, this ordinance shall apply in all unincorporated areas of Collier County. This ordinance shall apply to all applications for development, including building permit applications and subdivision proposals, submitted on or after the effective date of this ordinance. SECTION THREE: INCLUSION IN THE CODE OF LAWS AND ORDINANCES. The provisions of this Ordinance shall be made a part of the Code of Laws and Ordinances 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. [21-1PR-00023/1625547/1]15 4-21-21 Page 2 of 3 170 SECTION FOUR: CONFLICT AND SEVERABILITY. In the event this Ordinance conflicts with any other Ordinance of Collier County or other applicable law, the more restrictive shall apply. If any phrase or portion of the Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion. SECTION FIVE: 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 , 2021. ATTEST: BOARD OF COUNTY COMMISSIONERS CRYSTAL K. KINZEL, CLERK COLLIER COUNTY, FLORIDA By: By: , Deputy Clerk Penny Taylor, Chairman Approved as to form and legality: Heidi Ashton-Cicko Managing Assistant County Attorney [21-IPR-00023/1625547/1]15 4-21-21 Page 3 of 3 170 Acct #324207 July 26, 2021 Attn: Legals Naples News Media Group 1100 Immokalee Road Naples, Florida 34110 Re: Amending Ordinance 2019-01, Floodplain Management Ordinance Dear Legals: Please advertise the above referenced notice (in the Classified Section of the paper) on Wednesday, August 25, 2021 and kindly send the Affidavit of Publication, together with charges involved, to this office. Thank you. Sincerely, Ann Jennejohn, Deputy Clerk P.O. #4500209688 17 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 September 14, 2021, in the Board of County Commissioners Meeting Room, Third Floor, Collier Government Center, 3299 Tamiami Trail East,Naples FL.,to 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 NO. 2019-01, THE FLOODPLAIN MANAGEMENT ORDINANCE, TO ALLOW THE INTERIOR PORTION OF ENCLOSED AREAS BELOW ELEVATED BUILDINGS AND STRUCTURES TO BE TEMPERATURE-CONTROLLED BY A PERMANENTLY MOUNTED AIR-CONDITIONER OR CONNECTED TO CENTRAL AIR;PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; PROVIDING FOR CONFLICT AND SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. A copy of the proposed Ordinance is on file with the Clerk to the Board and is available for inspection. All interested parties are invited to attend and be heard. NOTE: All persons wishing to speak on any agenda item must register with the County 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. As part of an ongoing initiative to promote social distancing during the COVID-19 pandemic, the public will have the opportunity to provide public comments remotely, as well as in person, during this proceeding. Individuals who would like to participate remotely, should register any time after the agenda is posted on the County website which is 6 days before the meeting through the link provided on the front page of the County website at www.colliercountyfl.gov. Individuals who register will receive an email in advance of the public hearing detailing how they can participate remotely in this meeting. For additional information about the meeting,please call Geoffrey Willig at 252-8369 or email to Geoffrey.Willig@colliercountyfl.gov. 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. 17D 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 PENNY TAYLOR, CHAIRMAN CRYSTAL K. KINZEL, CLERK By: Ann Jennejohn, Deputy Clerk (SEAL) ! 713 Ann P. Jennejohn From: Ann P.Jennejohn Sent: Monday,July 26, 2021 10:48 AM To: Naples Daily News Legals Subject: Amending Ordinance 2019-01 Attachments: Amending Ordinance 2019-01 (9-14-21 BCC).docx;Amending Ordinance 2019-01 (9-14-21 BCC).docx Good Morning, Please advertise the attached, ivt the legal/classified section of the paper, on Wednesday, August 25, 2021. Thank you! Ann Jennejohn 13MR Senior Deputy Clerk II ,trmoo. Clerk to the Value Adjustment Board 4(.6 Office: 239-252-8406 Fax: 239-252-8408 (if applicable) Ann.Jennejohn@CollierClerk.cov�n 14t� 5�4 Office of the Clerk of the Circuit Court & Comptroller of Collier County 3299 Tamiami Trail, Suite #401 Naples, FL 34112-5324 www.CollierClerk.com i 170 Ann P. Jennejohn From: Ann P. Jennejohn Sent: Wednesday, July 28, 2021 12:27 PM To: 'GMDFinancial'; RodriguezWanda Cc: MasonChristopher Subject: Legal Proof: Amending Ordinance 2019-01 (Floodplain Management Ordinance) Attachments: OrderConf.pdf Good Afternoon, Please review the attached legal proof for the notice to amend Ordinance 2019-01, that will run on August 25 for the September 14, 2021 13CC Meeting. Thank you! Ann ✓enneJotin 13MR Senior Deputy Clerk II ,r eat kr Clerk to the Value Adjustment Board Office: 239-252-8406 t Fax: 239-252-8408 (if applicable) Av<vt.Jennejohn@Coll ierClerk.covin • 111) Off ice of the Clerk of the Circuit Court !•• �� x r+'' & Comptroller of Collier County 3299 Tawiawi Trail, Suite #401 Naples, FL 34112-5324 www.CollierClerk.com From:GMDFinancial <GMDFinancial@colliercountyfl.gov> Sent:Tuesday,July 27, 2021 12:37 PM To:Ann P.Jennejohn <Ann.Jennejohn@collierclerk.com>; RodriguezWanda <Wanda.Rodriguez@colliercountyfl.gov> Cc: MasonChristopher<Christopher.Mason@colliercountyfl.gov> Subject: FW: Naples Daily News/Desk Spinco info for your advertisement Good afternoon Ann and Wanda, 1 IID Nalpit ems- Nrw PART OF THE USA TODAY NETWORK BCC CLERK OF CIRCUIT 3299 TAMIAMI TRL E 700 NAPLES FL 34112- Account AD# Net Amount Tax Amount Total Amount Payment Method Payment Amount Amount Due 1303800 0004840954 $539.00 $0.00 $539.00 Invoice $0.00 $539.00 Sales Rep: sbohland Order Taker: sbohland Order Created 07/26/2021 Product #Ins Column Agate Lines Start Date End Date NDN-Naples Daily News 1 2.00 154 08/25/2021 08/25/2021 NDN-naplesnews.com 1 2.00 154 08/25/2021 08/25/2021 ALL TRANSACTIONS CONSIDERED PAID IN FULL UPON CLEARANCE OF FINANCIAL INSTITUTION 17D Text of Ad: 07/26/2021 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 September 14,2021, in the Board of County Commissioners Meeting Room, Third Floor, Collier Government Center, 3299 Tamiami Trail East, Naples FL., to consider the enactment of a County Ordinance. The meeting will commence at 9:00 A.M. The title of the pro- posed Ordinance is as follows: AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NO. 2019-01, THE FLOODPLAIN MANAGEMENT ORDINANCE, TO AL- LOW THE INTERIOR PORTION OF ENCLOSED AREAS BELOW ELE- VATED BUILDINGS AND STRUCTURES TO BE TEMPERATURE-- CONTROLLED BY A PERMANENTLY MOUNTED AIR-- CONDITIONER OR CONNECTED TO CENTRAL AIR; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; PRO- VIDING FOR CONFLICT AND SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. A. copy of the proposed Ordinance is on file with the Clerk to the Board and is available for inspection. All interested parties are invited to attend and be heard. NOTE: All persons wishing to speak on any agenda item must register with the County manager prior to presentation of the agenda item to be addressed. Individual speakers will be limit- ed 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 or- ganization 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 pre- sentations before the Board will become a permanent part of the record. As part of an ongoing initiative to promote social distancing during the COVID-19 pandemic, the public will have the oppor- tunity to provide public comments remotely, as well as in per- son, during this proceeding. Individuals who would like to par- ticipate remotely, should register any time after the agenda is posted on the County website which is 6 days before the meet- ing through the link provided on the front page of the County website at www.colliercountyfl.gov. Individuals who register will receive an email in advance of the public hearing detailing how they can participate remotely in this meeting. For addition- al information about the meeting, please call Geoffrey Willig at 252-8369 or email to Geoffrey.Willig@colliercountyfl.gov. 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 accommoda- tion 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, locat- ed 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 PENNY TAYLOR,CHAIRMAN CRYSTAL K.KINZEL,CLERK By: Ann Jennejohn,Deputy Clerk(SEAL) AD#4840954 Aug.25,2021 170 Ann P. Jennejohn From: RodriguezWanda <Wanda.Rodriguez@colliercountyfl.gov> Sent: Wednesday, July 28, 2021 2:33 PM To: Minutes and Records;Ann P.Jennejohn Cc: MasonChristopher Subject: proof approval:Amending Ordinance 2019-01 (Floodplain Management Ordinance) Attachments: OrderConf.pdf; RE: Legal Proof:Amending Ordinance 2019-01 (Floodplain Management Ordinance) Ann, Attorney approval is below, staff approval is attached, and there is no applicant approval needed. This ad is good to go. Thank you, Wanda Rodriguez, .ACP, CRW1 Office of the County .Attorney (239) 252-8400 From: KlatzkowJeff<Jeff.Klatzkow@colliercountyfl.gov> Sent:Wednesday,July 28, 2021 1:50 PM To: RodriguezWanda <Wanda.Rodriguez@colliercountyfl.gov> Subject: RE: proof for approval: Amending Ordinance 2019-01 (Floodplain Management Ordinance) Approved Jeffrey A. Klatzkow Collier County Attorney (239) 252-2614 From: RodriguezWanda <Wanda.Rodriguez@colliercountvfl.gov> Sent:Wednesday,July 28, 2021 1:46 PM To: KlatzkowJeff<Jeff.Klatzkow@colliercountvfl.gov> Subject: proof for approval:Amending Ordinance 2019-01 (Floodplain Management Ordinance) Jeff, For your approval. Staff has approved. Authorization to advertise this item was on the 7/13 consent agenda. Wanda Rodriguez, ACT, CP_?%1 Office of the County .Attorney (239) 252-8400 From:Ann P.Jennejohn <Ann.Jenneiohn@collierclerk.com> Sent:Wednesday,July 28, 2021 12:27 PM 1 170 To: GMDFinancial <GMDFinancial@colliercountyfl.gov>; RodriguezWanda <Wanda.Rodriguez@colliercountyfl.gov> Cc: MasonChristopher<Christopher.Mason@colliercountyfl.gov> Subject: Legal Proof: Amending Ordinance 2019-01 (Floodplain Management Ordinance) EXTERNAL EMAIL: This email is from an external source. Confirm this is a trusted sender and use extreme caution when opening attachments or clicking links. Good Afternoon, Please review the attached legal proof for the vtotice to amevtd Ordivtavtce 2019-01, that will run on August 25 for the September 14, 2021 13CC Meetivtg. Thank you! Ann ✓ennejolin 13MR Sevtior Deputy Clerk It t car¢ Clerk to the Value Adjustwtevtt I3oard Office: 239-252-8406 • Fax: 239-252-8408 (if applicable) la * Avtvt.Jevtvtejohvt@CollierClerk.cowt ca Office of the Clerk of the Circuit Court nrx,,ri- `` & Comptroller of Collier Couvtty 3299 Tawtiawti Trail, Suite #4O1 Naples, FL 341-12-5324 www.Colliernerk.com 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. 2 170 Ann P. Jennejohn From: MasonChristopher <Christopher.Mason@colliercountyfl.gov> Sent: Wednesday, July 28, 2021 12:42 PM To: RodriguezWanda Cc: GMDFinancial Subject: RE: Legal Proof: Amending Ordinance 2019-01 (Floodplain Management Ordinance) Good Afternoon Wanda, I have reviewed the proof.All language contained in the add appears to be in good order. I approve. Thank you. Respectfully, Christopher Mason, CFM FEMA Floodplain Coordinator ~OROLIDLYA �W` WERtt�TfJVv Co COl4110, -►_,201�..Growth Management Department Building Review & Inspection Division 2800 North Horseshoe Drive, Naples, Florida 34104 Main: 239-252-2400; Direct: 239-252-2932 How are we doing? The Building Plan Review and Inspection Division wants to hear from you! Please take our online SURVEY. We appreciate your feedback! From: RodriguezWanda <Wanda.Rodriguez@colliercountyfl.gov> Sent:Wednesday,July 28, 2021 12:37 PM To: MasonChristopher<Christopher.Mason@colliercountyfl.gov> Cc: GMDFinancial <GMDFinancial@colliercountyfl.gov> Subject: FW: Legal Proof: Amending Ordinance 2019-01 (Floodplain Management Ordinance) Chris, The attached ad proof is in our standard format for BCC ads. Please review and advise if approved for publication. Wanda Rodriguez, MCP, CP M Office of the County Attorney 1 7 (239) 252-8400 From:Ann P.Jennejohn <Ann.Jennejohn@collierclerk.com> Sent:Wednesday,July 28, 2021 12:27 PM To: GMDFinancial <GMDFinancial@colliercountyfl.gov>; RodriguezWanda <Wanda.Rodriguez@colliercountyfl.gov> Cc: MasonChristopher<Christopher.Mason@colliercountyfl.gov> Subject: Legal Proof: Amending Ordinance 2019-01 (Floodplain Management Ordinance) EXTERNAL EMAIL:This email is from an external source. Confirm this is a trusted sender and use extreme caution when opening attachments or clicking links. Good Afternoon, Please review the attached legal proof for the vtotice to awtevtd Ordivtavtce 2019-01, that will ruvt or August 25 for the September 14, 2021 i3CC Meeting. Thavtk you! Ann ✓ennefolin I3MR Sevtior Deputy Clerk II c1/474- rc,r 47, Clerk to the Value Adjustwtevtt r3oard iii, `}, Office: 23 9-252-8406 Fax: 239-252-8408 (if applicable) Avwt.Jevtvtejo! n@CollierClerk.cowt ��`' Office of the Clerk of the Circuit Court eft*NO`` & Cowtptroller of Collier County 3299 Tawtiawti Trail, Suite #401 Naples, FL 34112-5324 www.CoIlierCierk.com From: GMDFinancial<GMDFinancial@colliercountyfl.gov> Sent:Tuesday,July 27, 2021 12:37 PM To:Ann P.Jennejohn<Ann.Jennejohn@collierclerk.com>; RodriguezWanda <Wanda.Rodriguez@colliercountyfl.gov> Cc: MasonChristopher<Christopher.Mason@colliercountyfl.gov> Subject: FW: Naples Daily News/Desk Spinco info for your advertisement 2 170 Ann P. Jennejohn From: Ann P. Jennejohn Sent: Wednesday, July 28, 2021 3:01 PM To: 'Gannett Legals Public Notices 4' Subject: RE:4840954 RE: Amending Ordinance 2019-01 Approved for publication August 25, 2021 There was a little confusion regarding the account number this ad was to be billed uvtder...the correct Acct. vtuw.ber is Acct. 323297 Thavtk you so much For your help! Ann Jennejohn 13MR Senior Deputy Clerk II , �4 Clerk to the Value Adjustwtent 13oard co,olOffice: 239-252-8406 Fax: 239-252-8408 (if applicable) Ann.Jennejohn@CollierClerk.cowt • Office of the Clerk of the Circuit Court & Comptroller of Collier County 3299 Tawiawti Trail, Suite401 Naples, FL 34112-5324 www.CollierClerk.cow. From: Gannett Legals Public Notices 4<ganlegpubnotices4@gannett.com> Sent: Wednesday,July 28, 2021 12:23 PM To:Ann P.Jennejohn <Ann.Jennejohn@collierclerk.com> Subject: RE:4840954 RE: Amending Ordinance 2019-01 External Message: Please use caution when opening attachments, clicking links, or replying to this message. Ann, 1 17 S f 70 i Public Notices c7" Public Notices 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 September 14,2021, in the Board of County Commissioners Meeting Room, Third Floor, Collier Government Center, 3299 Tamiami Trail East, Naples FL., to consider the enactment of a County Ordinance, The meeting will commence at 9:00 A.M. The title of the pro- f posed Ordinance is as follows: • AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINA�NpICE NO. 2019-01, THE FLOODPLAIN MANAGEMENT ORDINANCE,TO AL- LOW THE INTERIOR PORTION OF ENCLOSED AREAS BELOW ELE- VATED BUILDINGS AND STRUCTURES TO BE TEMPERATURE— CONTROLLED BY A PERMANENTLY MOUNTED AIR-- _ CONDITIONER OR CONNECTED TO CENTRAL AIR; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; PRO- VIDING FOR CONFLICT AND SEVERABILITY;AND PROVIDING FOR AN EFFECTIVE DATE. N 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. U1 NOTE: All persons wishing to speak on any agenda item must A register with the County manager prior to presentation of the agenda item to be addressed. Individual speakers will be limit- ed 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 or- `L ganization may be allotted 10 minutes to speak on an item. m Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum N of 3 weeks prior to the respective public hearing. In any case, t7 • 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 pre- sentations before the Board will become a permanent part of c the record. • C) C As part of an ongoing initiative to promote social distancing 1/1 during the COVID-19 pandemic, the public will have the oppor- tunity to provide public comments remotely, as well as in per- ^� son, during this proceeding. Individuals who would like topar- O1 ticipate remotely, should register any time after the agenda is N posted on the County website which is 6 days before the meet- ing through the link provided on the front page of the County website at www.colliercountyfl.gov. Individuals who register will receive an email in advance of the public hearing detailing how they can participate remotely in this meeting. For addition- f,p al information about the meeting, please call Geoffrey Willig at CI 252-8369 or email to Geoffrey.Willig@colliercountyfl.gov. • 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 accommoda- tion 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, locat- - ed at 3335 Tamiami Trail East,Suite 101, Naples; FL 34112-5356, • (239) 252-8380, at least two days prior to the meeting. Assisted I listening devices for the hearing impaired are available in the Board of County Commissioners Office. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY,FLORIDA PENNY TAYLOR,CHAIRMAN CRYSTAL K.KINZEL,CLERK By: Ann Jennejohn,Deputy Clerk(SEAL) AD#4840954 Aug.25,2021 17p NapLri i it's PART OF THE USA TODAY NETWORK Published Daily Naples, FL 34110 BCC ENGINEERING ENVI RONMENTAL 3299 TAMIAMI TRL E 700 NOTICE OF PUBLIC HEARING NAPLES,FL 34112 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 September Affidavit of Publication 14,2021,in the Board of County Commissioners Meeting Room, Third Floor,Collier Government Center,3299 Tamiatnl Trail East, STATE OF WISCONSIN Naples FL., to consider the enactment of a County Ordinance. COUNTY OF BROWN The meeting will commence at 9:00 A.M. The title of the pro- posed Ordinance is as follows: Before the undersigned they serve as the authority, AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NO. personally appeared said legal clerk who on oath says that 2019-01, THE FLOODPLAIN MANAGEMENT ORDINANCE, TO AL- he/she serves as Legal Clerk of the Naples Daily News, a LOW THE INTERIOR PORTION OF ENCLOSED AREAS BELOW ELE- VATED BUILDINGS AND STRUCTURES TO BE TEMPERATURE-- daily newspaper published at Naples, in Collier County, CONTROLLED BY A PERMANENTLY MOUNTED AIR-- Florida; distributed in Colter and Lee counties of Florida; CONDITIONER OR CONNECTED TO CENTRAL AIR; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES;PRO- that the attached copy of the advertising was published in VIDING FOR CONFLICT AND SEVERABILITY; AND PROVIDING FOR said newspaper on dates listed. Affiant further says that the AN EFFECTIVE DATE. said Naples Daily News is a newspaper published at A copy of the proposed Ordinance is on file with the Clerk to Naples, in said Collier County, Florida, and that the said the hoard and is available for inspection. All interested parties are invited to attend and be heard, newspaper has heretofore been continuously published in said NOTE: All persons wishing to speak on any agenda item must register with the County manager prior to presentation of the Collier County, Florida; distributed in Collier and Lee agenda Item to be addressed. Individual speakers will be limit- ed to 3 minutes on any item. The selection of any individual to. speak on behalf of an organization or group Is encouraged. If second class mail matter at the post office in Naples, in recognized by the Chairman, a spokesperson for a group or or- said Collier County, Florida, for a period of one year next ganizatlon may be allotted 10 minutes to speak on arr item. preceding the first publication of the attached copy of Persons wishing to have written or graphic materials included in advertisement and affiant further says that he has neither the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing, In any crier paid nor promised, any person, or corporation any discount, written materials intended to be considered by the Board shall rebate, commission or refund for the purpose of securing be submitted to the appropriate County staff a minimum of seven days prior to the public hearing,All materials used in pre- this advertisement for publication in the said newspaper. sentatfons before the Board will become a permanent part of the record. Published:08/25/2021 As part of an ongoing initiative to promote social distancing • during the COVID-19 pandemic, the public will have the oppor- tunity to provide public comments remotely, as well as in per- son,during this proceeding, Individuals who would like to par- ticipate remotely,should register any time after the agena Is posted on the County website which is 6 days before the meet Subscribed and sworn to before on September 10,2021 ing through the link provided on the front page of the County website at www,colliercountyfl.gov, Individuals who register will receive an email in advance of the public hearing detailing how they can participate remotely in this meeting.For addition- al information about the meeting, please call Geoffrey Willig at 252-8369 or email to Geoffrey.WlIIig@colliercountyfl.gov. /11111116r ie1 Notary,Stag* County o `loWl1 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 accommoda- tion 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, local- / ed at 3335 Tamiami Trail East, Suite 101,Naples, FL 34112-5356, (239) 252-8380, al least two days prior to the meeting. Assisted My commission expires listening devices for the hearing impaired are available in the Board of County Commissioners Office. BOARD OF COUNTY COMMISSIONERS Publication Cost.$539.00 COLLIER COUNTY,FLORIDA Ad No.0004840954 PENNY TAYLOR,CHAIRMAN Customer No:'1303805 CRYSTAL K.KINZEI.,CLERK PO#: 4500209688 By: Ann Jennejohn,Deputy Clerk(SEAL) AD44840954 Aug,25,2021 #of Affidavits: 1 This is not an invoice NANCY HEYRMAN Notary Public State of Wisconsin ORIGINAL DOCUMENTS CHECKLIST &ROUTING SLIP 1 ? D TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding the Board meeting. **NEW** ROUTING SLIP Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office. Route to Addressee(s) (List in routing order) Office Initials Date 1. 2. 3. County Attorney Office County Attorney Office Of l i, 4. BCC Office Board of County 41 9-010-c)Commissioners 1 5. Minutes and Records Clerk of Court's Office 1W) al �a 18�'070 PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above,may need to contact staff for additional or missing information. Name of Primary Staff Christopher Mason Phone Number 252-2932 Contact/Department Agenda Date Item was Sep tzrnlp e; I ti I Z0 2 l Agenda Item Number I6i rz'd' I 7 Approved by the BCC Type of Document Ordinance g� j 1 Number of Original 1 Attached dt ' d` Documents Attached PO number or account number if document is to be recorded Please return one original signed copy to Diane Lynch, Road Maintenance 252-5820 INSTRUCTIONS & CHECKLIST CM Initial the Yes column or mark"N/A" in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signature? NA 2. Does the document need to be sent to another agency for additional signatures? If yes, NA provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman,with the exception of most letters,must be reviewed and signed CM by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's /a Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the CM document or the final negotiated contract date whichever is applicable. 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's 40# signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip NA should be provided to the County Attorney Office at the time the item is input into SIRE. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC on and all changes made during CM 1'7 is not the meeting have been incorporated in the attached document. The County an option for Attorney's Office has reviewed the changes,if applicable. this line. 9. Initials of attorney verifying that the attached document is the version approved by the /A is not BCC,all changes directed by the BCC have been made,and the document is ready for the (, option for Chairman's signature. \-0 `his line. .? 1 - 1 Pry - cc. I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12 170 MEMORANDUM Date September 21, 2021 To: Christopher Mason, Floodplain Coordinator Building Plan Review & Inspection From: Teresa Cannon, Sr. Deputy Clerk Minutes & Records Department Re: Validated Ordinance 2021-29: Amending Ordinance 2019-01 Attached for your records is an emailed copy of the document referenced above, (Item #17D) adopted by the Board of County Commissioners on September 14, 2021. The Minutes and Record's Department will hold the original document for the Board's Official Record. If you have any questions, please feel free to call me at 252-8411. Thank you. Attachment 17Q Teresa L. Cannon From: Teresa L. Cannon Sent: Tuesday, September 21, 2021 10:33 AM To: 'County Ordinances' Subject: CLL Ordinance 2021-0029 Attachments: CLL20210914_Ordinance2021_0029.pdf SENT BY: COLLIER COUNTY CLERK OF CIRCUIT COURT MINUTES &RECORDS DEPARTMENT SENDER'S PHONE: 239-252-8411 COUNTY: COLLIER(CLL) ORDINANCE NUMBER: 2021-0029 Teresa Cannon BMR Senior Clerk II vo Office: 239-252-8411 16): Fax: 239-252-8408 • Teresa.Cannon@CollierClerk.com Office of the Clerk of the Circuit Court &Comptroller of Collier County 3299 Tamiami Trail E, Suite#401 Naples, FL 34112-5746 www.CollierClerk.com 1 1 7 D ORDINANCE NO. 2021 - 29 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NO. 2019-01, THE FLOODPLAIN MANAGEMENT ORDINANCE, TO ALLOW THE INTERIOR PORTION OF ENCLOSED AREAS BELOW ELEVATED BUILDINGS AND STRUCTURES TO BE TEMPERATURE-CONTROLLED BY A PERMANENTLY MOUNTED AIR-CONDITIONER OR CONNECTED TO CENTRAL AIR; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; PROVIDING FOR CONFLICT AND SEVERABILITY;AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS,the Collier County Board of County Commissioners(Board) seeks to protect the health, safety and welfare of the citizens of Collier County; and WHEREAS, Chapter 125, Florida Statutes, establishes the right and power of counties to provide for the health,welfare and safety of existing and future residents by enacting and enforcing regulations necessary for the protection of the public including Flood damage prevention ordinances; and WHEREAS, on January 8, 2019, the Board adopted Ordinance No. 2019-01, the Floodplain Management Ordinance of Collier County,based on the updated State of Florida Model Flood Damage Prevention Ordinance and repealed the previously adopted Ordinance No. 2011-07, an Ordinance relating to Flood Damage Prevention, amended by Ordinance Nos. 2012- 06 and 2012-24; and WHEREAS, the County's Floodplain Management Ordinance does not allow enclosed areas below elevated buildings and structures to be temperature controlled and the State's Model Ordinance does not include this limitation; and WHEREAS,the Board desires to amend Collier County's current Floodplain Management Ordinance to allow enclosed areas below elevated buildings and structures to be temperature controlled; NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: AMENDMENT TO SECTION 12.B OF ORDINANCE NO. 2019-01 Section 12.B of Ordinance No. 2019-01 is hereby amended to read as follows: SECTION 12: BUILDINGS AND STRUCTURES. *******xxxxxxxxxxxxw**w******** [21-IPR-00023/1625547/1]15 4-21-21 Page 1 of 3 170 B. Enclosures below the lowest floor. Enclosed areas below elevated buildings and structures shall comply with the requirements of the Florida Building Code, shall be limited to parking of vehicles, storage, and building access, and shall comply with the following: (1) Access to the enclosed area shall be the minimum necessary to allow for: (a.) Parking of vehicles (garage doors); (b.) Limited storage of maintenance equipment used in connection with the premises (standard exterior door not to exceed 3.0 ft. by 8.0 ft.); (c.) Main entrance to the structure (one double door set). (2) The interior portion of such enclosed area shall not be temperature controlled by a permanently mounted air conditioner or connected to central air; (2)(3) All areas that are partitioned within the enclosed area shall be vented in accordance with ASCE 24 Flood Resistant Design and Construction; (3)(4) All construction below the lowest floor shall be built with flood damage-resistant materials consistent with ASCE 24 Flood Resistant Design and Construction, for example: pressure treated wood and water-durable and mold resistant cement backerboard; and (4)(5) Section 6, D (8) of this ordinance, regarding a Declaration of Land Restriction (Non-conversion agreement). ********************************* SECTION TWO: APPLICABILITY. For the purposes of jurisdictional applicability, this ordinance shall apply in all unincorporated areas of Collier County. This ordinance shall apply to all applications for development, including building permit applications and subdivision proposals, submitted on or after the effective date of this ordinance. SECTION THREE: INCLUSION IN THE CODE OF LAWS AND ORDINANCES. The provisions of this Ordinance shall be made a part of the Code of Laws and Ordinances 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. [21-IPR-00023/1625547/1]15 4-21-21 Page 2 of 3 170 SECTION FOUR: CONFLICT AND SEVERABILITY. In the event this Ordinance conflicts with any other Ordinance of Collier County or other applicable law, the more restrictive shall apply. If any phrase or portion of the Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion. SECTION FIVE: 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 ) '{41`day of cep4 rY}lJ , 2021. y , ATTF,$T: BOARD OF COUNTY COMMISSIONERS CRYSTAL;K.KINZ L;'CLERK COLLIER 0 Y, FLORIDA dam. ... 'a4A4-4211 By: Attest as to Chairman sDeputy Clerk Penny Ta or, Chairman signature only: Approved as to form and legality: (i\s„trit 2)4 / (N(-' v' Heidi Ashton-Cicko Managing Assistant County Attorney This ordinance filed with the t;Qttrry of tate'� C, fffiice,.the doy of �r"- ![_O�"I and ackncm!edf;c?melet r'ceived this 1>�7—eic`y [21-IPR-00023/1625547/1]15 \' 4-21-21 Page 3 of 3 170 FLORIDA DEPARTMENT Of STATE RON DESANTIS LAUREL M.LEE Governor Secretary of State September 21, 2021 Ms. Teresa L. Cannon, BMR Senior Clerk II Office of the Clerk of the Circuit Court & Comptroller of Collier County 3329 Tamiami Trail E, Suite#401 Naples, Florida 34112 Dear Ms. Cannon: Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your electronic copy of Collier County Ordinance No. 2021-29, which was filed in this office on September 21, 2021. Sincerely, Anya Owens Program Administrator AO/lb R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250 Telephone: (850) 245-6270