Backup Documents 05/25/2010 Item #17DCYER'COiFL
R$Qtfi 1 t5R IsEGAL „ALIYER�I G IC EAI{p1TGS
To: Clerk to the Board: Please place the following as*',
X Normal legal Advertisement ❑ ,Other:
(Display Adv., location, eta,) -
Originating Dept/ Div CDES/ Impact Fee Administration -.. Person: Amy Patterson Date: May 7, 2010
Petition No. (If none, give brief description):
Petitioner: (11ame &!Address':
r
Name & Address of uny persg(s,) ib be notified by Clerk' S Office: (If morespaoe is needed, attach separate sheet)
Hearing befoteie,'x BCC B A (91*
Requested Hearigg date: (Based on advertisement applearing "t flays before hearing. Miay i}'S;.2010 '
Newspaper(s)•to be used: (Cornplete only��itnp($riant): - ... -. -.
X Naples Daily .News ❑ Other E Legally Required
ProposegText: (Inbfiii)e legaldescript on & comtnou'location & Size:
i
AI�ZRDINA#l1 BO Q COIRI 3C CO SI OF COLLIER COWJTY,
>l�Q)�t CQ$ O
FLOR;�UA, A14�NDF�'C'HAr�'�# qF THE COIiL WS`
Ol}UINANC, THAT (iRI)INANCE BEII$C T$ COLLi COUIHTI <ON$ iI1ATEI? <'
IMPACT FE%- flR�IFI'ANCE; itrb. v1AOI�l3,z a AMEN�E�, P # #O'DING FOR CIiANGES TO
INCORPORAJPNV, Gpmb IY,..ra.�,Ww . AWN rr,r. �„ac Xxo Av F� -A, I'........
LAND UNTIL,.: US OR IfE • PRO ING FOR CONFLICT AND;:
SEVFRABILUY; PR VfDING FOR LIIS N llv WI C(� VMR COUNTY CODE F
LAWS AND O- IiINAN�S; AND; YRQr'ID, FOR Ali EFFECfiIVE.
Companion petition(s), if any & proposed hearing date:
Does Petition Fee include advertising cost? Q Yep n 'tTO `
if Yes, what account' shgVld be.charged for ad r, 5661130.
vertiatn(; Costs P q,�
• _. Date .;..,
Division. dmmistraltfr Qr.1�eSignee ';' - '! •..
List Attachments: 1. Ordinance Amendment ..
.., 8'nRUCTIONS . '
A., For hearings before BCC or BZA: Initiating peroon to complete one coy and blijaiu ` Division. A44,opprovid before
submitting to County Manager. Note: If le¢ l document is i@volyed, be sure that any necessary legal review, or request
for:akme, ia!submltt €d to County Attorney be re aubmmt jt► ao Coun .Manager., The Manager's office wlll1bi*Wbute
copies:
❑. County Manager agenda file: to ❑ Requesting Division ❑ Original
B, Other hearings: Initiating Division head to approve and submit orippud to-Clerk's Office, retaining a copy for fide
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FOR CLERK'S OMC,E USE i 1
Date Received: `� • �' Date of Public hearing: Date Advertised:
17D
ORDINANCE NO. 2010-
AN ORDINANCE OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA,
AMENDING CHAPTER 74 OF THE COLLIER COUNTY
CODE OF LAWS AND ORDINANCES, THAT ORDINANCE
BEING THE COLLIER COUNTY CONSOLIDATED
IMPACT FEE ORDINANCE, NO. 2001 -13, AS AMENDED,
PROVIDING FOR CHANGES TO THE "IMPACT FEE
PROGRAM FOR EXISTING COMMERCIAL
REDEVELOPMENT'; INCORPORATING CHANGES TO
ALLOW IMPACT FEE CREDITS TO RUN WITH THE
LAND UNTIL USED OR TRANSFERRED; PROVIDING
FOR CONFLICT AND SEVERABILITY; PROVIDING FOR
INCLUSION IN THE COLLIER COUNTY CODE OF LAWS
AND ORDINANCES; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, Collier County has used impact fees as a funding source for growth- related
capital improvements for various facilities since 1978; and
WHEREAS, on March 13, 2001, the Board of County Commissioners adopted
Ordinance No. 2001 -13, the Collier County Consolidated Impact Fee Ordinance, repealing and
superseding all of the County's then existing impact fee regulations, and consolidating all of the
County's impact fee regulations into that one Ordinance, codified in Chapter 74 of the Collier
County Code of Laws and Ordinances (the "Code "); and
WHEREAS, on March 24, 2009, the Board of County Commissioners adopted
Ordinance No. 2009 -14 which established the "Impact Fee Program for Existing
Commercial Redevelopment," through which development is not required to pay additional
impact fees related to changes of use within an existing building, provided it meets the specified
criteria; and
WHEREAS, on April 27, 2010, the Board of County Commissioners directed that
changes be incorporated that represent potential improvements to the Program; and
WHEREAS, the Board of County Commissioners also directed that the Consolidated
Impact Fee Ordinance be amended to allow impact fee credits to run with the land until used or
transferred.
Page I of 5
Underlined text is added; Suuek thmuo text is deleted
17D
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
SECTION ONE. Article II, Impact Fees, Section 74 -201, Imposition of impact fees, subsection
(c) of the Collier County Code of Laws and Ordinances is hereby amended to read as follows:
Section 74 -201. Imposition of impact fees.
(c) Change of size or use. Impact fees shall be imposed and calculated for net increase,
alteration, expansion, or replacement of a use or a building, or part of a building
(including dwelling unit), and each accessory or non - accessory building, provided such
net increase, alteration, expansion, or replacement of the use, building, or part thereof or
therein, by applying this chapter results in: (1) a net increase in the number of dwelling
units; (2) a net increase in the size or square footage of a building; (3) a net increase in
the size of the use; or (4) intensification of the use so as to constitute an expansion of the
same use category or result in a change to a higher impact fee land use category; or (5)
otherwise create additional demand or additional impacts on any of the public facilities.
The impact fee imposed under the applicable impact fee rate shall be calculated as
follows:
[TI3
(5) Impact Fee Program for Existing Commercial Redevelopment. Proposed
developments which meet the criteria set forth below shall not be assessed
additional impact fees related to changes of use within the existing buildings,
except for water and wastewater impact fee assessments which are exempt from
this program. This program will officially sunset two years from the date of
adoption unless continued by a resolution of the Board of County Commissioners
prior to this date.
a. Development is proposed within a lawfully existing building which has had a
Certificate of Occupancy issued for at least -5 3 years
of this prey. Impact fees for the existing building must have been paid the
then applicable impact fees at time of construction; and
b. Proposed development is solely within the existing building and does not
include the addition of any new square footage.
c. Demolition and reconstruction projects are not eligible for this program
Page 2 of 5
Underline, d text is added; Stwsk-tkreugh text is deleted
17D
SECTION TWO. Article II, Impact Fees, Section 74 -203, Use offunds, subsection (f) of the
Collier County Code of Laws and Ordinances is hereby amended to read as follows:
Section 74 -203. Use of funds.
(f) The impact fee collected pursuant to this chapter (including all predecessor ordinances
that are hereby being consolidated into this chapter) shall be returned to the then current
owner of the property for which such fee was paid if which fees have not been expended
or encumbered prior to the end of the fiscal year immediately following the sixth
anniversary of the date when the respective impact fee was paid. Refunds shall be made
only in accordance with the following procedure:
(1) The then current owner shall petition the board for the refund prior to the end of the
fiscal year immediately following the sixth tenth anniversary of the date of the
payment of the respective impact fee.
(2) The petition for refund shall be submitted to the county manager, and shall contain:
a. A notarized sworn statement that the petitioner is the then current owner
of the property for which the impact fee was paid;
b. A copy of the dated receipt issued for payment of such fee or such other
record as would clearly indicate payment of such fee;
C. A certified copy of the latest recorded deed; and
d. A copy of the most recent ad valorem tax bill
(3) Within 90 days from the date of receipt of a complete petition for refund, the county
manager will advise the owner of the status of the impact fee requested for refund,
and if such impact fee has not been expended or encumbered within its applicable
time period, then it shall be returned to the then current owner. For the purposes of
this section, fees collected shall be deemed to be spent or encumbered on the basis of
the first fee in shall be the first fee out. Such funds may be encumbered by contract,
bond, resolution, ordinance, or otherwise.
(4) Impact fee mpnies refunded by the board in accordance with this subsection (e f) shall
be paid with interest accrued to the principal being refunded but not to exceed the rate
of five percent simple interest. Except as provided for in this subsection (e D, no
interest shall be paid upon the return or refund of impact fees.
Page 3 of 5
Underlined text is added; Strask- ihfangh text is deleted
170
SECTION THREE. Article II, Impact Fees, Section 74 -205, Developer contribution credit,
subsection (f) of the Collier County Code of Laws and Ordinances is hereby amended to read as
follows:
Section 74 -205. Developer contribution credit.
(f) Upon approval of a plan for the dedication or contribution, a developer contribution
agreement shall be entered into between the county and the owner. A nonrefundable
processing, review and audit fee of $2,500.00 shall be due once the voluntary plan has
been approved and prior to the preparation of a contribution agreement by the county
attorney. The processing, review and audit fee shall be returned to the applicant if either
the county manager, the authorized division or department administrator, or the board
determines the proposed plan is not acceptable. The processing, review and audit fee
shall become non - refundable when the board authorizes the county attorney to prepare a
contribution agreement. The contribution agreement shall, at a minimum, provide for and
include, but not be limited to:
+ ++
(4) The d-tuation of the-agi-eemeig, whieh shall not be fer a period in eiEeess of five years
e€€teiel-reeerds Impact fee credits shall run with the land in peroetuity, interest free,
until used or assigned.
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 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 FIVE. 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-
Page 4 of 5
Underlined text is added; Suuek tivexgh text is deleted
y
lettered and internal cross - references amended throughout 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 Secretary of State.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida this day of 2010.
ATTEST
Dwight E. Brock, Clerk
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
By: By;
Deputy Clerk FRED W. COYLE, CHAIRMAN
Page 5 of 5
Underlined text is added; Stmak- thfaugh text is deleted
17B
ACCT #068781
May 10, 2010
Attn: Legals
Naples News Media Group
1100 Immokalee Road
Naples, Florida 34110
Re: Amending Ordinance 2001 -13: The Consolidated Impact Fee Ordinance
Dear Legals:
Please advertise the above referenced notice on Friday, May 14, 2010, and kindly
send the Affidavit of Publication, in duplicate, together with charges involved, to
this office.
Thank you.
Sincerely,
Teresa Polaski,
Deputy Clerk
P.O. #4500113048
NOTICE OF INTENT TO CONSIDER ORDINANCE I • D
Notice is hereby given that on Tuesday, May 25, 2010, in the
Boardroom, 3rd Floor, Administration Building, Collier County
Government Center, 3301 East Tamiami Trail, Naples, Florida, the
Board of County Commissioners 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 CHAPTER 74 OF THE COLLIER COUNTY CODE
OF LAWS AND ORDINANCES, THAT ORDINANCE BEING THE COLLIER COUNTY
CONSOLIDATED IMPACT FEE ORDINANCE, NO. 2001 -13, AS AMENDED,
PROVIDING FOR CHANGES TO THE "IMPACT FEE PROGRAM FOR EXISTING
COMMERCIAL REDEVELOPMENT"; INCORPORATING CHANGES TO ALLOW IMPACT
FEE CREDITS TO RUN WITH THE LAND UNTIL USED OR TRANSFERRED;
PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION
IN THE COLLIER COUNTY CODE OF LAWS AND ORDINANCES; AND PROVIDING
FOR AN EFFECTIVE DATE.
Copies of the proposed Ordinance are on file with the Clerk to the
Board and are 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 administrator prior to presentation of the agenda item
to be addressed. Individual speakers will be limited to 5 minutes on
any item. The selection of an 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 material used in presentations before the Board
will become a permanent part of the record.
Any person who decides to appeal a 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 Department, located at 3301
Tamiami Trail East, Building W, Naples, Florida 34112, (239) 252 -8380.
Assisted listening devices for the hearing impaired are available in
the County Commissioners' Office.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
FRED COYLE, CHAIRMAN
DWIGHT E. BROCK, CLERK
By: Teresa Polaski, Deputy Clerk
(SEAL)
170
17D
Teresa L. Polaski
To: Naples Daily News Legals
Subject: Amending Ord. 2001 -13 /Consolidated Impact Fee Ordinance
Attachments: Amending Consolidated Impact Fee Ord.doc, Amending the Consolidated Impact Fee
Ord.doc
Legals,
Please advertise the following legal ad on Friday, May 14, 2010. Thanks
Teresa L. Polaski, BMR Clerk III
Clerk to the Board of County Commissioners
Minutes and Records Department
239 - 252 -8411
239 - 252 -8408 fax
( Teresa .Polaski @co I lierclerk.com)
1
Teresa L. Polaski
From: Pagan, Emely [EPagan @Naplesnews.com]
Sent: Monday, May 10, 2010 10:58 AM
To: Teresa L. Polaski
Subject: RE: Amending Ord. 2001 -13 /Consolidated Impact Fee Ordinance
ok
From: Teresa L. Polaski [mailto: Teresa .Polaski @collierclerk.com]
Posted At: Monday, May 10, 2010 9:38 AM
Posted To: Legals - NDN
Conversation: Amending Ord. 2001 -13 /Consolidated Impact Fee Ordinance
Subject: Amending Ord. 2001 -13 /Consolidated Impact Fee Ordinance
Lega Is,
Please advertise the following legal ad on Friday, May 14, 2010. Thanks
Teresa L. Polaski, BMR Clerk III
Clerk to the Board of County Commissioners
Minutes and Records Department
239 - 252 -8411
239-252-8408 fox
(Teresa.Polaski @col lierclerk.com)
Please visit us on the web at www.collierclerk.com
This electronic communication is confidential and may contain privileged information intended solely for the named addressee(s). It may not
be used or disclosed except for the purpose for which it has been sent. If you are not the intended recipient, you must not copy, distribute or
take any action induced by or in reliance on information contained in this message.
Unless expressly stated, opinions in this message are those of the individual sender and not of the Office of the Clerk of the Circuit Court of
Collier County. If you have received this communication in error, please notify the Clerk's Office by emailing helodeskralcollierclerk.com
quoting the sender and delete the message and any attached documents. The Collier County Clerk's Office accepts no liability or responsibility
for any onward transmission or use of emails and attachments having left the CollierClerk. com domain.
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.
17D
Teresa L. Polaski
From: Pagan, Emely [EPagan @Naplesnews.com]
Sent: Monday, May 10, 2010 3:07 PM
To: Teresa L. Polaski
Subject: Ad Confirmation
Attachments: UAS55.jpg
ATTACHED please review your notice & confirm approval via email.
NOTICE OF INTENT TO CONSIDER ORDINANCE
Notice is hereby given that on Tuesday, May 25, 2010, in the Boardroom, 3rd Floor,
Administration Building, Collier County Government Center, 3301 East Tamiami Trail,
Naples, Florida, the Board of County Commissioners 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
CHAPTER 74 OF THE COLLIER COUNTY CODE OF LAWS AND ORDINANCES, THAT ORDINANCE BEING THE
COLLIER COUNTY CONSOLIDATED IMPACT FEE ORDINANCE, NO. 2001 -13, AS AMENDED, PROVIDING FOR
CHANGES TO THE "IMPACT FEE PROGRAM FOR EXISTING COMMERCIAL REDEVELOPMENT "; INCORPORATING
CHANGES TO ALLOW IMPACT FEE CREDITS TO RUN WITH THE LAND UNTIL USED OR TRANSFERRED; PROVIDING
FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE COLLIER COUNTY CODE OF LAWS AND
ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE.
Copies of the proposed Ordinance are on file with the Clerk to the Board and are 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
administrator prior to presentation of the agenda item to be addressed. Individual speakers
will be limited to 5 minutes on any item. The selection of an 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 material
used in presentations before the Board will become a permanent part of the record.
Any person who decides to appeal a 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 Department, located at 3301 Tamiami
Trail East, Building W, Naples, Florida 34112, (239) 252 -8380. Assisted listening devices for
the hearing impaired are available in the County Commissioners' Office.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
FRED COYLE, CHAIRMAN
DWIGHT E. BROCK, CLERK
By: Teresa Polaski, Deputy Clerk
(SEAL)
May 14, 2010 No1853207
Thank you for
PUB. Date
Publication
Ad Number
Total Ad Cost
Emely Pagan
213 -6061
placing your ad.
MAY 14, 2010
NON
1853207
$259.38
2
170
NOTICE OF INTENT TD CONSIDER ORDINANCE + 7 D
Notice rs hereby given that on Tuesday, May 25, 2010, In the B o a r d r ci ,�) In, s r d
Fl.-:)or, Administration Building Collier County Government Cent -r, 3301 Fast Ta-
rrtiarni Tr'all, Naples, Florida, the Board of Cc-unty ti *tnnlrs ielners will t0risidef the
enarrrnenr of a Counry Ordinance. The rneeting will commence aT OT0.1 A.M. Thc=
tale cif the puciposed Ordinance is a:: follo%vs:
AN ORDINANCE CIF THE BOARD OF COUNTY COMMIS I13NEFS OF �'_GLLIER COUN-
T-Y, FLORIDA. AMENDING CHAPTER 74 _IF THE , "OLLIER .= ,. -)'-J NTY' (_ )DE ':;+F LAVk
AND ORDINANCES, THAT ORDINANCE BEING THE COLLILR CGLINTY CONSC,Ll-
DATED IMPACT FEE ORDINANCE, Nth. 20)1 -13, A4 AMENDED, F ROVIDIN"y FOR
CHANGES TO THE 'II PACT FEE PROGRA1`0 FOR EXI5TlNGU 1 -10ra' MERCIAL REDE`dEL-
(.)P FNT'% INCOFiK)RA,TING €_HAN {IFi T'l ALL()W IMPA T FEE CREIDIT• T(-- RUN
'WITI -I THE LAND UNTIL USED OR TRANSFERRED, PfxO101DING FOUR +-CONFLICT AND
IEVERABILITr; F1R0`1'IDIrV•:a FOR INCLUSION IN THE r- C)LUER c't k-INTY �:-ODF C::F
LAV6 AND 0RDlr•J.4NCE5, AND PRUVIDING FOR AN EFFECTIVE DATE,
CaL,ieS -of the proposed Ordinance ar on file voitli the leak to the Board and acµ
a��xdilable for insrstie +n. All intarasteclarti arc m:afd to attendrii be ht:arrl.
W.TE- All persons vvishing to speak on any aiprida item must regmer vVITh the
Ccuniv administrator prior tc presentation of the agenda item To be addressed,
Inc1IVIdLial spe -akers •Weill be limited to 5 minutes nn any item. The sele+ -Tian of an in-
dividual to speak on behalf of an organization or group is encouraged, If re;_�og-
ru ed by the Chairman, a -3poke pemor, for a gr ,up c,,r organizaTIon rr%a;; he ,allcortEd
1, minutes to speak on an stern.
Ferson5 vvishing to have written or graphic materials included in the Board agenda
I_xa ket, rnu t iribmiT said material a minimum of = Wpeks Friar T,a the re5l,e + *i.ir
public hearinq In any case, written materials intended to be considered by the
Roard shall lae i omitted to the appropriate �* T-ltinty taff a minimum of spv n days
eor tc the public hearing All material ureel in presentations before the Board ovill
corne a pen•nai; ent. part of the record;
Any Person who decides, to appeal a dev sl yn of the Rciard will need a rei;ord of the
prtKeedings pertaining thereto and therefore, may need to ensure that a verbatim
record of the proree+�incrs is made, which record in,ludes the testimony and evi-
dence upon vihich the appeal is based.
If you are a person with a disability who needs
parvcir: ate in this proceeding, you are ertutled,
cf rzertain assistance. Plea5e contact the Collier d
,rtrrent, located at 32201 Tamra.ntl Trail Eaat,
(239) 252 -8380, ArAsi fed listening devices for the
the Csurtty Cot ninissitaners' Offict.
BOARO OF COLINTY COMMISSIONERS
COLLIER COUNW. FLORIDA
FRED C'77 YLE, CHAIRMAN
IRMAN
D VIGHT E. BROCK, CLERK
By Tare*�a Folaski, Cepr,,ity Clerk
(SEAL',
any accommodation in order to
I ric cQSt To you, 10 the .provision
:ounty Facilities h lanagement Ue-
z uildinq VY, Naples, Florida A i l ,
hea my impaired are available in
May 14, 2010 No 1B5-:2g?
17D
Teresa L. Polaski
From: Naples Daily News [naplesnews @clicknbuy.com]
Sent: Friday, May 14, 2010 12:26 AM
To: Teresa L. Polaski
Subject: Thank you for placing your classified advertisement.
Ad # 1853207
Thank you for placing your classified advertisement.
The following represents the current text of your advertisement:
NOTICE OF INTENT TO CONSIDER ORDINANCE Notice is hereby given that on Tuesday, May 25, 2010,
in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3301 East Tamiami
Trail, Naples, Florida, the Board of County Commissioners 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
CHAPTER 74 OF THE COLLIER COUNTY CODE OF LAWS AND ORDINANCES, THAT ORDINANCE
BEING THE COLLIER COUNTY CONSOLIDATED IMPACT FEE ORDINANCE, NO. 2001 -13, AS
AMENDED, PROVIDING FOR CHANGES TO THE "IMPACT FEE PROGRAM FOR EXISTING
COMMERCIAL REDEVELOPMENT'; INCORPORATING CHANGES TO ALLOW IMPACT FEE
CREDITS TO RUN WITH THE LAND UNTIL USED OR TRANSFERRED; PROVIDING FOR CONFLICT
AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE COLLIER COUNTY CODE OF LAWS
AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. Copies of the proposed Ordinance
are on file with the Clerk to the Board and are 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
administrator prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 5
minutes on any item. The selection of an 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 material used in presentations before the Board will
become a permanent part of the record. Any person who decides to appeal a 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 Department, located at 3301 Tamiami Trail East, Building W, Naples, Florida 34112, (239) 252-
8380. Assisted listening devices for the hearing impaired are available in the County Commissioners' Office.
BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA FRED COYLE, CHAIRMAN
DWIGHT E. BROCK, CLERK By: Teresa Polaski, Deputy Clerk (SEAL) May 14, 2010 No1853207
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17D
Naples Daily News
Naples, FL 34110
Affidavit of Publication
Naples Daily News
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BCC /IMPACT FEE ADMINISTRATION
CLERK OF CIRUCIT CRT
P 0 BOX 413044
NAPLES FL 34101
REFERENCE: 068781 4500113048
59617269 NOTICE OF INTENT TO
State of
Counties
Before
appeared
serves a
Daily Ne
in Colli
and Lee
copy of
newspape
Affian
News is
Collier
newspape
day and
matter a
Collier
next pre
attached
further
promised
discount
Florida
of Collier and Lee
the undersigned authority, persona
Tracy Reeve, who on oath says that
s the Senior Accountant, of the Nar
ws, a daily newspaper published at
er County, Florida: distributed in
counties of Florida; that the attac
advertising was published in said
r on dates listed.
t further says that the said Naples
a newspaper published at Naples, in
County, Florida, and that the said
r has heretofore been continuously
has been entered as second class ma
t the post office in Naples, in sai,
County, Florida, for a period of 1
ceding the first publication of the
copy of advertisement; and affiant
says that he has neither paid nor
any person, firm or corporation an
rebate, commission or refund for
purpose of securing this advertisement for
publication in the said newspaper.
PUBLISHED ON: 05/14
AD SPACE: 86 LINE
FILED ON: 05/14/10
NOTICE OF INTENT TO CONSIDERUIIDRUNCE' -
Notice h in mby BI"n that on Tuesda , May 25, 1010, in the Bovdroom, 3rd
Floor, Administration Buhdlo Collier Crounty Govemmlint Center, 3301 East Ta-
miaml Trail, Naples, Norlda Me Board of County Cankstagaers W10 6oMlder the
enaamam of a County 101nance. The meeting will cormsme. A.0d1¢ 0.M.- The
rile of the proposed OnRnante Is as follows:
AN ORDINANCE OF THE BOARD OF COUNTY CAMMISS10NM OF C3W9 COUN,
TY, FLORIDA, AMENDING CHAPTER 74 OF THE COLt1FR CODE OF LAWS
AND ORDINANCES, THAT ORDINANCE BEING TNB:. COUNTY CONSOU-
DATED IMPACT FEE ORDINANCE, NO 200113, AS AMENDED, PROVIDING FOR
CHANGES TO THE "IMPACT FEE' PROGRAM FOR FX$T COMMERCIAL REDEVEL-
OPMENT" INCORPORATING CHANGES TO ALLOW IMPACT FEE CAE" TO RUN
WD11 Tfli LAND UNTIL USED OR TRANSFERRED: NP�RO�VIDII,NG FOR CONFLICT AND IN
IA�V15ORDINANCES, O AND FOR OR AN EP►ECTNE'DATE. CODE OF
CopNs of the proposed Ordinance we on file with the Clerk L, the Board and are
availabW for iMpeorion., All Imarested parties are nwited to attend and be heard.
NOTE:
on
pistons, apermanem p>R m ew^wren.
Any person who d*C:1 to appeal a d"on#f, the �d Mi� ReeR' the
pro[s,eMngs perteinW thereto and the ae, head to en a ; eui-
record of the momedugt N nude whlgl ra Includes Na' Y
dMd upon wh those 1f; be'aed.
if you are a person with a disability who deeds any manrnoditloFl m order W
participate In this p cimedNsg: you arc emilWd, at no Cost toyat 'to tlM pta'Nion
Of cerMn assMame: PWase comlct the Collier County FadIRWF Mansto"nMt Ca-
pp vnel located a 3301 Taemanu Trap Ew#%SuHdhg W, Nsp'NR Florida 34112
ihe��ounryCmmm assisted rs �Img dWIms for Me hearing Impaired are rvallable hs
BOARD 1( CQLINTY COMMIWON(:I15
COLLIEI�SOUIRYAg WA 4
FRED CTaA E. iRO R
DWIGHT a BROCR, CLERK
ey: Teresa Polaski, Deputy Clerk
(SEAL)
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Signature of Affiant
Sworn to and Subscribed ��b)efore me this ��kh day of ff\z -L 2010
p�
Personally known by me CtJ E e,1. -I
nAROL E KA.NGAS
�all - Notary Put fc State of Florida
a = h4y Cmnm Evimes Jul 29.2013
y Commiss,.00 s DO 912237
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 7
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Finn on pink paper. Atlech to original document Original docunents should be hand delivered to the Board Office The completed routing slip and original
doatmenn are to he forwarded to the Boarcl Office only strut the Board has taken action on the item. t
ROUTING SLIP
Complete routing lines d I through N4 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 routine line, 01 thrnnph k1 emmol,te the ch,,kI io and u— ... A m q— an— m.,a xcm
Route to Addressee(s)
(List in routing order
Office
�Mb/PtR
Initials
Date
1. Judy Puig
T _
(Initial)
D of
Agenda Date Item was
a d o
Agenda Item Number
3.
Approved b the BCC
signed by the Chairman, with the exception of most letters, must be reviewed and signed
by the Office of the County Attorney. This includes signature pages from ordinances,
4.
Type of Document
fly-J, " ?C'0-' -i'3..
Number of Original
5 Ian Mitchell, Supervisor, BCC Office
Board of County
Commissioners
1'1a.Pic.9—
sl� 110
6. Minutes and Records
Clerk of Court's Office
Chairman and Clerk to the Board and possibly State Officials.)
PRIMARY CONTACT INFORMATION
(The primary contact is the holder of the original document pending BCC approval. 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, including Site Filson, need to contact staff for additional or missing
information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the
item )
Name of Primary Staff
J r t
e V jC :'YZ
Phone Number
cJ _ S J
Contact
T _
(Initial)
D of
Agenda Date Item was
a d o
Agenda Item Number
--7
Approved b the BCC
signed by the Chairman, with the exception of most letters, must be reviewed and signed
by the Office of the County Attorney. This includes signature pages from ordinances,
J
'
Type of Document
fly-J, " ?C'0-' -i'3..
Number of Original
Attached
1'1a.Pic.9—
Documents Attached
INSTRUCTIONS & CHECKLIST
Feck Ex Ssi
` co ( (in `-f9
1 - Forms/ County Forms/ BCC' Forms/ Original Documents Routing Slip W W S Original 9- 03.04, Revised 1.26.05, Revised 124 05
Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is
Yes
N/A (Not
appropriate.
(Initial)
Applica ble)
1.
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
by the Office of the County Attorney. This includes signature pages from ordinances,
resolutions, etc. signed by the County Attorney's Office and signature pages from
contracts, agreements, etc. that have been fully executed by all parties except the BCC
Chairman and Clerk to the Board and possibly State Officials.)
2.
All handwritten strike - through and revisions have been initiated by the County Attorney's
Office and all other parties except the BCC Chairman and the Clerk to the Board
3.
The Chairman's signature line date has been entered as the date of BCC approval of the
�}
document or the final negotiated contract date whichever is applicable.
4.
"Sign here" tabs are placed on the appropriate pages indicating where the Chairman's
i�
signature and initials are required.
,6j�j
5.
In most cases (some contracts are an exception), the original document and this routing slip
should be provided to Ian Mitchell in the BCC office within 24 hours of BCC approval.
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!
6.
The document was approved by the BCC on.5 DS I O (enter date) and all changes
made during the meeting have been incorporated in the attached document. The
County Attorney's Office has reviewed the changes, if applicable.
Feck Ex Ssi
` co ( (in `-f9
1 - Forms/ County Forms/ BCC' Forms/ Original Documents Routing Slip W W S Original 9- 03.04, Revised 1.26.05, Revised 124 05
17D
MEMORANDUM
Date: June 9, 2010
To: Amy Patterson
Impact Fee Manager
From: Ann Jennejohn, Deputy Clerk
Board Minutes & Records Department
Re: Ordinance 2010 -22: Amending Collier County's
Consolidated Impact Fee Ordinance, Chapter 74
of the Code of Laws and Ordinances, to incorporate
directed changes to the Impact Fee Program for
existing commercial redevelopment
Attached for your records, is a copy of the document referenced above
(Item #17D) adopted by the Board of County Commissioners May 25, 2010.
If you have any questions, please call me at 252 -8406.
Thank you.
Attachment (1)
17D
MEMORANDUM
Date: June 9, 2010
To: Jeff Klatkow, County Attorney
County Attorney's Office
From: Ann Jennejohn, Deputy Clerk
Board Minutes & Records Department
Re: Ordinance 2010 -22: Amending Collier County's
Consolidated Impact Fee Ordinance, 2001 -13, to
incorporate directed changes to the Impact Fee
Program for existing commercial redevelopment
Attached for your records, is a copy of the document referenced above
(Item #17D) adopted by the Board of County Commissioners May 25, 2010.
If you have any questions, please call me at 252 -8406.
Thank you.
Attachment (1)
17D
MEMORANDUM
Date: June 9, 2010
To: Ian Mitchell, BCC Manager
Board of County Commissioners
From: Ann Jennejohn, Deputy Clerk
Board Minutes & Records Department
Re: Ordinance 2010 -22: Amending Collier County's
Consolidated Impact Fee Ordinance, 2001 -13, to
incorporate directed changes to the Impact Fee
Program for existing commercial redevelopment
Attached for your records, is a copy of the document referenced above
(Item #17D) adopted by the Board of County Commissioners May 25, 2010.
If you have any questions, please call me at 252 -8406.
Thank you.
Attachment
170
MEMORANDUM
DATE: June 9, 2010
TO: Ernie Kerskie, Director of Mapping
Property Appraiser's Office
FROM: Ann Jennejohn, Deputy Clerk
Minutes & Records Department
RE: Ordinance 2010 -22: Amending Collier County's
Consolidated Impact Fee Ordinance, 2001 -13, to
incorporate directed changes to the Impact Fee
Program for existing commercial redevelopment
Attached for your records, is a copy of the document referenced above,
adopted by the Board of County Commissioners on May 25, 2010.
If you have any questions, please call me at 252 -8406.
Thank you.
Attachment (1)
170
ORDINANCE NO. 2010 -22
AN ORDINANCE OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA,
AMENDING CHAPTER 74 OF THE COLLIER COUNTY
CODE OF LAWS AND ORDINANCES, THAT ORDINANCE
BEING THE COLLIER COUNTY CONSOLIDATED
IMPACT FEE ORDINANCE, NO. 2001 -13, AS AMENDED,
PROVIDING FOR CHANGES TO THE "IMPACT FEE
PROGRAM FOR EXISTING COMMERCIAL
REDEVELOPMENT"; INCORPORATING CHANGES TO
ALLOW IMPACT FEE CREDITS TO RUN WITH THE
LAND UNTIL USED OR TRANSFERRED; PROVIDING
FOR CONFLICT AND SEVERABILITY; PROVIDING FOR
INCLUSION IN THE COLLIER COUNTY CODE OF LAWS
AND ORDINANCES; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, Collier County has used impact fees as a funding source for growth- related
capital improvements for various facilities since 1978; and
WHEREAS, on March 13, 2001, the Board of County Commissioners adopted
Ordinance No. 2001 -13, the Collier County Consolidated Impact Fee Ordinance, repealing and
superseding all of the County's then existing impact fee regulations, and consolidating all of the
County's impact fee regulations into that one Ordinance, codified in Chapter 74 of the Collier
County Code of Laws and Ordinances (the "Code "); and
WHEREAS, on March 24, 2009, the Board of County Commissioners adopted
Ordinance No. 2009 -14 which established the "Impact Fee Program for Existing
Commercial Redevelopment," through which development is not required to pay additional
impact fees related to changes of use within an existing building, provided it meets the specified
criteria; and
WHEREAS, on April 27, 2010, the Board of County Commissioners directed that
changes be incorporated that represent potential improvements to the Program; and
WHEREAS, the Board of County Commissioners also directed that the Consolidated
Impact Fee Ordinance be amended to allow impact fee credits to run with the land until used or
transferred.
Page I of 5
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17D
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
SECTION ONE. Article II, Impact Fees, Section 74 -201, Imposition of impact fees, subsection
(c) of the Collier County Code of Laws and Ordinances is hereby amended to read as follows:
Section 74 -201. Imposition of impact fees.
(c) Change of size or use. Impact fees shall be imposed and calculated for net increase,
alteration, expansion, or replacement of a use or a building, or part of a building
(including dwelling unit), and each accessory or non- accessory building, provided such
net increase, alteration, expansion, or replacement of the use, building, or part thereof or
therein, by applying this chapter results in: (1) a net increase in the number of dwelling
units; (2) a net increase in the size or square footage of a building; (3) a net increase in
the size of the use; or (4) intensification of the use so as to constitute an expansion of the
same use category or result in a change to a higher impact fee land use category; or (5)
otherwise create additional demand or additional impacts on any of the public facilities.
The impact fee imposed under the applicable impact fee rate shall be calculated as
follows:
(5) Impact Fee Program for Existing Commercial Redevelopment. Proposed
developments which meet the criteria set forth below shall not be assessed
additional impact fees related to changes of use within the existing buildings,
except for water and wastewater impact fee assessments which are exempt from
this program. This program will officially sunset two years from the date of
adoption unless continued by a resolution of the Board of County Commissioners
prior to this date.
a. Development is proposed within a lawfully existing building which has had a
Certificate of Occupancy issued for at least 5 3 years prig_ to the eemmeneement
of this program. Impact fees for the existing building must have been paid the
then applicable impact fees at time of construction; and
b. Proposed development is solely within the existing building and does not
include the addition of any new square footage.
c. Demolition and reconstruction projects are not eligible for this program.
Page 2 of 5
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170 1
SECTION TWO. Article II, Impact Fees, Section 74 -203, Use of funds, subsection (f) of the
Collier County Code of Laws and Ordinances is hereby amended to read as follows:
Section 74 -203. Use of funds.
(f) The impact fee collected pursuant to this chapter (including all predecessor ordinances
that are hereby being consolidated into this chapter) shall be returned to the then current
owner of the property for which such fee was paid if which fees have not been expended
or encumbered prior to the end of the fiscal year immediately following the sixth
anniversary of the date when the respective impact fee was paid. Refunds shall be made
only in accordance with the following procedure:
(1) The then current owner shall petition the board for the refund prior to the end of the
fiscal year immediately following the sixth tenth anniversary of the date of the
payment of the respective impact fee.
(2) The petition for refund shall be submitted to the county manager, and shall contain:
a. A notarized sworn statement that the petitioner is the then current owner
of the property for which the impact fee was paid;
b. A copy of the dated receipt issued for payment of such fee or such other
record as would clearly indicate payment of such fee;
C. A certified copy of the latest recorded deed; and
d. A copy of the most recent ad valorem tax bill.
(3) Within 90 days from the date of receipt of a complete petition for refund, the county
manager will advise the owner of the status of the impact fee requested for refund,
and if such impact fee has not been expended or encumbered within its applicable
time period, then it shall be returned to the then current owner. For the purposes of
this section, fees collected shall be deemed to be spent or encumbered on the basis of
the first fee in shall be the first fee out. Such funds may be encumbered by contract,
bond, resolution, ordinance, or otherwise.
(4) Impact fee monies refunded by the board in accordance with this subsection (e J shall
be paid with interest accrued to the principal being refunded but not to exceed the rate
of five percent simple interest. Except as provided for in this subsection (e f,, no
interest shall be paid upon the return or refund of impact fees.
Page 3 of 5
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170 3
SECTION THREE. Article II, Impact Fees, Section 74 -205, Developer contribution credit,
subsection (f) of the Collier County Code of Laws and Ordinances is hereby amended to read as
follows:
Section 74 -205. Developer contribution credit.
(f) Upon approval of a plan for the dedication or contribution, a developer contribution
agreement shall be entered into between the county and the owner. A nonrefundable
processing, review and audit fee of $2,500.00 shall be due once the voluntary plan has
been approved and prior to the preparation of a contribution agreement by the county
attorney. The processing, review and audit fee shall be returned to the applicant if either
the county manager, the authorized division or department administrator, or the board
determines the proposed plan is not acceptable. The processing, review and audit fee
shall become non - refundable when the board authorizes the county attorney to prepare a
contribution agreement. The contribution agreement shall, at a minimum, provide for and
include, but not be limited to:
from the date the count), aelaiewledges ceffipletion of the approved eantribution or
4Rm- thp. actual date of dedication, but in no event shall the duration exeeed seven
1-tinact fee credits shall run with the land in pervetuity, interest free,
until used or assigned
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 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 FIVE. 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-
Page 4 of 5
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17D
lettered and internal cross - references amended throughout 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 Secretary of State.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida this(�Cj4� day of ►v t_ a� 2010.
ATTEST,
Dwight E..Brmck, Clerk
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
By: "t
FRED W. COYLE, CHAtRMAN
Page 5 of 5
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:
2010 -22
17D
Which was adopted by the Board of County Commissioners
on the 25th day of May, 2010, during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 1st
day of June, 2010.
DWIGHT E. BROCK
Clerk of Courts and Clerk
Ex- officio to Boa''•o1C'o ,
County Commissioe-rs
By: Ann Jennejohn
Deputy Clerk