Loading...
Ordinance 2005-38 ,\0'\'\ 12131< Ç) ',s- . ^.tb ~ lI)b ~~ ~ '1!1' ~ 'V::(~ __. ~ .. ~~~ ~ . ORDINANCE NO. 2005. 38 ~Q ~ ~Æ N ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS ~~~a9't~~ .,OF COLLIER COUNTY, FLORIDA, AMENDING CHAPTER 74 OF . '. . THE COUNTY'S CODE OF LAWS AND ORDINANCES, AS AMENDED BY ORDINANCE NO. 2001-13, THE COLLIER COUNTY CONSOLIDATED IMPACT FEE ORDINANCE AS AMENDED; PROVIDING FOR A CHANGE IN THE MAXIMUM HOME SALE PRICE FOR THE IMMOKALEE RESIDENTIAL IMPACT FEE DEFERRAL PROGRAM; CLARIFYING THAT THE PURPOSE OF THE PROGRAM IS FOR OWNER-OCCUPIED HOMESTEADS; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; PROVIDING FOR CONFLICT AND SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on March 13, 2001, the Board of County Commissioners (Board) adopted Ordinance No. 2001-13, the "Collier County Consolidated Impact Fee Ordinance," the same being codified as Chapter 74 of the County's -j c:' r-~) Code of Laws and Ordinances, which repealed and superceded, in theff:F~ntitMy, c-. .,.".. -_ ail of the County's previous impact fee regulations; and ~: '. f5 "'~! WHEREAS, on November 18, 2003, the Board adopted Ordinã"ce rNo. .,þ~- r",'\ ~ 2003-63; which amended Chapter 74 by establishing the "Immokalee ~$ide8:tial :..:2 Impact Fee Deferral Program" (Program) which provides for the ~rar~of·,#j --- - residential impact fees for qualified applicants within the specified ~gfcîtn boundaries; and WHEREAS, the Program offers relief for new development from the increased impact fee rates and contributes to additional, new affordable workforce housing in Immokalee; and WHEREAS, the cost of land and construction have continued to increase dramatically in Collier County; and WHEREAS, the Board desires to promote and foster the availability of affordable workforce housing in the Immokalee area; and WHEREAS, a change in the maximum home sales price from $175,000 to $254,250, which is also the State Housing Initiatives Partnership (SHIP) limit for Collier County, would allow the Program to be more fully utilized. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that SECTION ONE. Article II, Subsection (g) in Section 74-201 is hereby amended to read as follows: (g) Immokalee Enterprise Zone Deferral Area. * * * Page 1 of 3 Underlined text is added; struck through text is deleted. (4) Any Person seeking an impact fee deferral for a proposed owner- occupied dwelling unit, wholly within the Immokalee Enterprise Zone, shall file an application for deferral with the County Manager prior to receiving a Certificate of Occupancy (CO) for any such proposed Development. The application for deferral must contain the following: a. The name and address of the property owner; and b. A current and complete legal description of the site upon which the qualifying development is proposed to be located,; : and £:... The Qualifvino development will be owner-occupied and the homestead of the applicant; and ~ d. A notarized affidavit affirming that the maximum sale price of the proposed qualifying development will not exceed $175,000.00 $254.250.00. Applicants ontoring into a deferral agrooment and subsequontly soiling the qualifying dovolopmont for mora than $175,000.00 Should the maximum home sales price exceed $254.250.00 for the Qualifvino new construction. the applicant may be subject to the collection provisions provided for in Article V, section 74-501, including delinquency fees and interest dating back to the effective date of the deferral agreement: and a.~. Proof of qualifying income level, which is less than or equal to $100,000.00 annual household income from all sources,; ; and So; f. Payment of a non-refundable application filing fee in the amount of $300.00. (5) If the proposed qualifying development meets the requirements for a deferral, as listed belo'lJ above, the county manager may enter into an impact fee deferral agreement with the owner. Tho roquiremonts to ontor into a doforral agreement are as follows: a. The qualifying development must be ownor oooupied. b. Tho qualifying dovelopment must bo the homostead of the owner(s) o. Tho unit is sold to a buyer(s) '....ith a total annual housohold inoomo from all souroes loss than or equal to $100,000.00 d. The maximum sales price of the qualifying development must nÐver oxoeod $176,000.00. * * Page 2 of 3 Underlined text is added; struck through text is deleted. SECTION TWO. CONFLICT AND SEVERABILITY. In the event this Ordinance conflicts with any other Ordinance of Collier County or any 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 portions. SECTION THREE. INCLUSION IN 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 Ordinances may be re-numbered or re-Iettered to accomplish such, and the word "ordinance" may be changed to "section," "article," or any other appropriate word, SECTIOt'J FOUR: EFFECTIVE DATE. This Ordinance will immediately become effective upon the filing with the Secretary of State. PASSED AND DUL Y ADOPTE~ by the Board of County Commissioners of Collier County, Florida this  b) ""day of July, 2005. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA '--1. 1\ W. ~ By: ""j"Lt4L FRED W. COYLE, Cha' an Approved as to form and I gal su ficiency Klatzkow ounty Attorney This ordinance filed with thl!! ~~tary of State's Officn t'ôs- ~day~-aD and ackn~wled~m~~ n,:;¡t fi~f this d"" o Ð ,~~~,C . . Page 3 of 3 Underlined text IS added; struck through text is deleted. STATE OF FLORIDA) COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true and correct copy of: ORDINANCE 2005-38 Which was adopted by the Board of County Commissioners on the 26th day of July 2005, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 27th day of July, 2005. .,". ,0:; '¡'17 . '1/]'" ' DWIGHT E. BROC~:},··.·,....",.~~¿;)·, . ~. " " ./ Clerk of CourtS.':.'å.~(1o¡Clßrk"; "" " ....~. ~'....'\.. \,. ....~., ~~ ~ -:. Ex-offlC10 ~o ~1~, 0t.,'J,;)~. ':: ~~ ~ County Commlss;.qn~rs ";\~Y_ I;" : ~ ; ,. '.~'~'~. 'Þ.'I'~· I·~ : t'_ : It .. I . -.\ ( ····t)-~?: lJ..A.AM. þ .......:'. ~ ~ ~ ..: a'dJ~~' ",-. . , . . . I.J \.... ~.,.." By: Ann Jennejohn,··'·..· ,.' Deputy Clerk