Resolution 1995-264
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RESOLUTION NO. 95-264
A RESOLUTION OF THE BOARD OF COUNTY
COKMISSIOHBRS, COLLIER COUNTY, FLORIDA,
AOTBORIZING THE DEFERRAL OF LIBRARY
SYSTEM IMPACT FEES, PARKS l\HD
RECREATIONAL FACILITIES IMPACT FEES, ROAD
IMPACT FEES, EMERGZIlCY MEDICAL SERVICES
IMPACT FEES, l\HD EDUCATIOHl\L FACILITIES
SYSTEM IMPACT FEES FOR TIMBER RIDGE UNIT
12 A 34 SINGLE FAMILY RESIDZIlCES OF AN
AFFORDABLE RENTAL HOUSING PROJECT.
WHEREAS, Collier County has recognized and attempted to
address the lack of adequate and affordable housing for
moderate, low, and very low income households in Collier
County and the need for creative and innovative programs to
assist in the provision of such housing by inCluding several
provisions in the Collier County Growth Management Plan,
including:
Objective 1.4, policy 1.4.1, objective 1.5,
policy 1.5.2, policy 1.5.3, policy 1.5.4, policy 1.5.5,
policy 1.5.6; objective 1.6, policy 1.6.3; objective 2.1,
policy 2.1.1, pOlicy 2.1.2, policy 2.1.3, policy 2.1.5, and
policy 2.1.6 of the Housing Element; and
WHEREAS,
John T. Witchger,
Chairman of Immokalee
Non-Profit Housing, Inc., a Florida Non-Profit Corporation,
undertook the development of Timber Ridge PUD Unit 2, a
thirty-four (34) unit affordable rental housing community on
a site located in Collier County, Florida, of which Immokalee
Non-Profit Housing, Inc. is owner; and
WHEREAS, on August 18, 1994, an application was filed
with the County Manager for the deferral of Collier County
impact fees for the Timber Ridge Unit #2 project consistent
with the requirements of the County impact fee ordinances;
and
WHEREAS, in accordance with Section 3.04 of the Library
System Impact Fee Ordinance, Ordinance No. 88-97, as amended;
Section 4.05 of the Parks and Recreational Facilities Impact
Fee Ordinance, Ordinance No. 88-96, as amended; Section 3.04
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of the Road Impact Fee Ordinant::e, Ordinance No. 92-22, as
amended; Section 3.04 of the Emergency Medical Services
System Impact Fee Ordinance, Ordinance No. 91-71, as amended;
and Section 3.05 of the Educational Facilities System Impact
Fee Ordinance, Ordinance No. 92-33, as amended, an applicant
may obtain a deferral of one hundred percent (100\) of impact
fees for a period of fifteen (15) years by qualifying for
said deferral; and
WHEREAS, Timber Ridge Development has qualified for an
impact fee deferr~l based upon the following representations
made by the Immokalee Non-Profit Housing, Inc.:
A. The Dwelling Unit shall be the permanent residence
of the occupant/tenant.
B. The household renting the Dwelling Unit must have
very low or low income level as those terms are
defined 1n the Appendices to the respective Impact
Fee Ordinances and the monthly rent must be within
the affordable housing guidelines established in
the Appendices to the respective Irrpact Fee
Ordinances.
C. The Dwelling Unit shall remain affordable for at
least fifteen (15) years from the date the
certificate of occupancy was issuedj and
WHEREAS, on January 24, 1995 by Resolution No. 95-62 the
Board ot County Commissioners granted a 100% def~rral for
fifteen years to Timber Ridge PUD Unit 2 for a thirty-four
unit rental housing project in Timber Ridge PUD Unit 2; and
WHEREAS, the total amount of deferred impact fees was
$133,603.68; and
WHEREAS, Immokalee Non-Profit Housing and Collier County
entered into an Agreement dated January 24, 1995 for the
deferral of Impact Fees (the "Original Agreement")j and
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WHEREAS, the County's Impact Fee Ordinances have been
subsequently amended by the County, mak.ing it possible for
the rights, interests and lien of the County under and
pursuant to the Original Agreement to be subordinated to a
primary lender and/or government funded SAIL loan under
certain circumstances as set forth in the Impact Fee
Ordinance, as amended; and
WHEREAS, the Owner has requested that the County
subordinate its rights, interests and lien under and pursuant
to the Original Agreement to Owner's primary lenders and a
qovernment SAIL loan; and
WHEREAS, OWner has provided sufficient documentation
that it requires a subordination of the County's impact fee
to OWner's primary lenders and a government SAIL loan.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COKKISSIONERS OF COLLIER COUNTY, FLORIDA, THAT:
1. The Board of Collier County Commissioners hereby
authorizes the Chairman to sign the Resolution and
Amended and Restated ".greement after review for legal
form and sufficiency by the County Attorney's office for
deferral by Collier County of the following impact fees
in the amounts listed below for the (34) single family
affordable housing units to be developed by Immokalee
I
Non-Profit Housing, Inc., on the Timber Ridge Unit 12
Site:
Rental Unite Affordable By FamiU.. With Ineo.... Not
Exoeeding 50\ of the Median Inco..e for the Napl.s
(Collisr County) MSA - 34 Units.
Each Unit 34 Units
A. Library System Impact Fees
$ 180.51 $ 6,137.68
B. Road Impact Fees
$1,379.00 46,886.00
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,
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c. Parks' Recreation Impact Fees
a. Community Parks
b. Regional Parks
2. Deferral of said impact fees is subject to and
TOTAL
$ 399.00 13,566.00
$ 179.00 6,086.00
$ 14.00 476.00
$1.778.00 60.452.00
$3,929.52 133,603.68
D. Emergency Services Impact Fees
E. School Impact Fees
contingent upon execution and recordation of an
Agreement for Deferral of Collier County Impact Fees
which shall be entered into between the applicant and
County.
i'his Resolution adopted after motion, second and majority
vote favoring same.
, :, D~,!1!PJ r/rj.----
, .1,',';> . ~ ATTEST' it>,
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, ; ".; Dwight Jr. IltDck, Clerk
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I Approved as to form
!. ~nd legal SUfficiency:
fi {.~AvftiL'
If. i"'" Hoh
Assistant County Attorney
""'DOomr",
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNT , FLORIDA
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