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