Backup Documents 03/24/2009 Item # 8A
X Normal legal Advertisement
(Display Adv., location, etc.)
o Other:
C;) , 8 A l'
/11~, K
COLLIER COUNTY FLORIDA
REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS
To: Clerk to the Board: Please place the following as a:
**********************************************************************************************************
Originating Dept/ Div: CDES/ Impact Fee Administration
Person: Amy Patterson
Date: March 6, 2009
Petition No. (If none, give briefdescription):
Petitioner: (Name & Address):
Name & Address of any person(s) to be notified by Clerk's Office: (If more space is needed, attach separate sheet)
Hearing before: X BCC
BZA
Other
Requested Hearing date: (Based on advertisement appearing 10 days before hearing. March 24. 2009
Newspaper(s) to be used: (Complete only if important):
X Naples Daily News
o Other
o Legally Required
Proposed Text: (Include legal description & common location & Size:
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 REQUIREMENTS
FOR THE ASSESSMENT OF IMPACT FEES FOR CHANGES OF USE IN EXISTING BUILDINGS
THROUGH THE IMPLEMENTATION OF THE "IMPACT FEE PROGRAM FOR EXISTING
COMMERCIAL REDEVELOPMENT"; ESTABLISHING A SUNSET DATE FOR THE PROGRAM
UNLESS OFFICIALLY EXTENDED BY THE BOARD OF COUNTY COMMISSIONERS; PROVIDING
FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE COLLIER COUNTY
CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE.
Companion petition(s), if any & proposed hearing date:
Does Petition Fee include advertising cost? 0 Yes 0 No
If Yes, what account should be charged for advertising costs: 131-138902-649100 P.O.# 4500098454
Re/tJ1ed by: fii
UA11 (iDi~ ,).-& -Ocr
Date
Division Administrator or Designee
List Attachments: I. Ordinance Amendment
DISTRIBUTION INSTRUCTIONS
A. For hearings before BCC or BZA: Initiating person to complete one coy 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 Mauager. The Manager's office will distribute
copies:
o County Manager agenda file: to
Clerk's Office
o Requesting Division
o Original
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 _9~r:.:_ ~ J
Date Received: ~ Date of Public hearing: ,,~, O't
Date Advertised: ~!trDq
, 8 A ;'~,
ORDINANCE NO. 2009-
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 REQUIREMENTS
FOR THE ASSESSMENT OF IMPACT FEES FOR
CHANGES OF USE IN EXISTING BUILDINGS THROUGH
THE IMPLEMENTATION OF THE "IMPACT FEE
PROGRAM FOR EXISTING COMMERCIAL
REDEVELOPMENT"; ESTABLISHING A SUNSET DATE
FOR THE PROGRAM UNLESS OFFICIALLY EXTENDED
BY THE BOARD OF COUNTY COMMISSIONERS;
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 February 24, 2009, the Board of County Commissioners directed that
the provisions related to the requirements for the assessment of impact fees for "changes of use"
in existing buildings be amended through the implementation of the "Impact Fee Program for
Existing Commercial Redevelopment;" and
WHEREAS, the adoption of this Ordinance incorporates provisions that amend Section
74-201(c) of the Collier County Code of Laws and Ordinances related to change of size or use by
establishing a program through which development shall not be assessed additional impact fees
related to changes of use within an existing building, provided it meets the specified criteria; and
WHEREAS, this Ordinance specifies that this program shall not apply to assessments for
Water and Wastewater Impact Fees.
Page I 00
Underlined text is added; Sm..I, throngh text is deleted
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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.
***
(5) Impact Fee Prof!ram for Existinf! 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 officiallv sunset two vears from the date of adoption unless continued bv a resolution
of the Board of Countv Commissioners prior to this date.
a. Development is proposed within a lawfullv existing building which has had a
Certificate of Occupancv issued for at least 5 vears prior to the commencement 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 anV new square footage.
c. Demolition and reconstruction proiects are not eligible for tltis program.
.*.
SECTION TWO. 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 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-
Page 2 00
Underlined text is added; Slfuek thrOltgft text is deleted
, 8 A '~,
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 FOUR. 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 , 2009.
ATTEST
Dwight E. Brock, Clerk
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
By:
By:
, Deputy Clerk
DONNA FIALA, CHAIRMAN
Page 3 00
Underlined text is added; Struck tlrrOHgh text is deleted
Acct. #068779
March 9, 2009
Attn: Legals
Naples Daily News
1075 Central Avenue
Naples, Florida 34102
Re: Consolidated Impact Fee -Existing Building
Dear Legals:
Please advertise the above referenced notice on Friday, March 13, 2009, and
kindly send the Affidavit of Publication, in duplicate, together with charges
involved, to this office.
Thank you.
Sincerely,
Martha Vergara,
Deputy Clerk
P.o. # 4500098454
r 8 A '1'
, 8 A ""1
NOTICE OF INTENT TO CONSIDER ORDINANCE
Notice is hereby given that on March 24, 2009 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 REQUIREMENTS FOR THE ASSESSMENT OF IMPACT FEES FOR CHANGES
OF USE IN EXISTING BUILDINGS THROUGH THE IMPLEMENTATION OF THE
uIMPACT FEE PROGRAM FOR EXISTING COMMERCIAL REDEVELOPMENT";
ESTABLISHING A SUNSET DATE FOR THE PROGRAM UNLESS OFFICIALLY
EXTENDED BY THE BOARD OF COUNTY COMMISSIONERS; PROVIDING FOR
CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE COLLIER
COUNTY CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR AN FFECTIVE
DATE.
Copies of the proposed Ordinance are on
Board and are available for inspection.
invited to attend and be heard.
file with the Clerk to the
All interested parties are
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 3 minutes on
any item. 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.
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
DONNA FIALA, CHAIRMAN
DWIGHT E. BROCK, CLERK
By: Martha Vergara, Deputy Clerk
(SEAL)
Page 1 of 1
, 8 A~"
Martha S. Vergara
From: Martha S. Vergara
Sent: Monday, March 09, 2009 11:47 AM
To: 'Iegals@naplesnews.com'
Subject: Consolidated Impact Fee - Existing Building
Attachments: Consolidated Impact Fee - Existing Building.doc; Consolidated Impact Fee - Existing
Buildings.doc
Legal's,
Here is an Ad to be placed.
PLEASE SEND AN OK WHEN RECEIVED.
Thanks,
Martha Vergara, Deputy Clerk
Clerk to the Board of County Commissioners
Minutes and Records Department
239-252-7240
239-252-8408 fax
(martba.YerggJg@cQllieJ.der~.~Qm)
3/9/2009
. 8A "
Martha S. Vergara
From:
Sent:
To:
Subject:
postmaster@collierclerk.com
Monday, March 09, 2009 11:47 AM
Martha S. Vergara
Delivery Status Notification (Relay)
Attachments:
ATT48161.txt; Consolidated Impact Fee - Existing Building
[J
r:::-71
L::j
ATT48161.txt (231 Consolidated
B) Impact Fee - Exis...
This is an automatically generated Delivery Status Notification.
Your message has been successfully relayed to the following recipients, but the requested
delivery status notifications may not be generated by the destination.
legals@naplesnews.com
1
Page 1 of 1
, 8 A l'
Martha S. Vergara
From: Pagan, Emely [EPagan@Naplesnews.coml
Sent: Monday, March 09, 2009 11 :56 AM
To: Martha S. Vergara
Subject: RE: Consolidated Impact Fee - Existing Building
ok
From: Martha S. Vergara [mailto:Martha,Vergara@collierclerk.com]
Posted At: Monday, March 09, 2009 11:47 AM
Posted To: Legals - NDN
Conversation: Consolidated Impact Fee - Existing Building
Subject: Consolidated Impact Fee - Existing Building
Legal's,
Here is an Ad to be placed.
PLEASE SEND AN OK WHEN RECEIVED.
Thanks,
Martha Vergara, Deputy Clerk
Clerk to the Board of County Commissioners
Minutes and Records Department
239-252-7240
239-252-8408 fax
(r]]il[l:hil.v_erf!ilfjj@cQlliecclerk._Com)
Under Florida Law, e-mail addresses are public records. /fyou 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.
3/9/2009
NOTICE OF INTENT TO CONSIDER ORDINANCE Notice IS.
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NOTICE OF INTENr TO CONSIDER ORDINANCE Notice is.
Ad Id:
13964417
Description
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NOTICE OF INTENT TO CONSIDER ORDINANCE
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Notice is hereby given that on March 2.4 2.009 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 foliows:
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. ;WOl-13 AS AMENDED PROVIDING FOR CHANGES TO THE
REQUIREMENTS FOR THE ASSESSMENT OF IMPACT FEES FOR CHANGES OF USE IN EXISTING
BUILDINGS THROUGH THE IMPLEMENTATION OF THE "IMPACT FEE PROGRAM FOR EXISTING
COMMERCIAL REDEVELOPMENT"; ESTABLISHING A SUNSET DATE FOR THE PROGRAM UNLESS
OFFICIALLY EXTENDED BY THE BOARD OF COUNTY COMMISSIONERS; PROVIDING FOR CONFLICT
AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE COLLIER COUNTY CODE OF LAWS AND
ORDINANCES; AND PROVIDING FOR AN FFECTIVE DATE
Copies of the proposed Ordinance are on fiie 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 belimitedto3
minutes on any item, In any case written materia is 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
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 <lssistance. Piease contact
the Collier County Facilities Management Department located <It 3301 T<lmiami Trail East Building W
Naples Florida 34112 (239) 252.8380. Assisted iistening devices for the hearing impaired are
available in the County Commissioners' Office
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY FW:>Ri:lA
DONNA FIALA CHAIRMAN
DWIGHT E. BROCK CLERK
By: Martha Vergara Deputy Clerk
(SEAL)
M<lrch 13 No. 1784588
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http://naples.kaango.com/feViewAd/13964417
3/13/2009
Naples Daily News
Naples, FL 34102
8A
Affidavit of Publication
Naples Daily News
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -.- - - - - - - - - + - - - - -- - - - - - - - - - - - - - - - - - .- -
BCC/ZONING DEPARTMENT
S CLUTE/FINANCE DEPT
POB 413044 CLERK OF THE CIRCUIT COURT
NAPLES FL 34101
REFERENCE: 068779
59565809
4500098454
NOTICE OF INTENT TO
State of Florida
County of Collier
Before the undersigned authority, personally
appeared Susan Rogge, who on oath says that she
serves as the Vice President of Finance of the
Naples Daily News, a daily newspaper published at
Naples, in Collier County, Florida: that the
attached copy of advertising was published in said
newspaper on dates listed.
Afflant further says that the said Naples Daily
News is a newspaper published at Naples, in said
Collier County, Florida, and that the said
newspaper has heretofore been continuously
published in said Collier County, Florida, each
day and has been entered as second class mail
matter at the post office in Naples, in said
Colller County, Florida, for a period of 1 year
next preceding the first publication of the
attached copy of advertisement; and affiant
further says that he has neither paid nor
promised any person, firm or corporation any
discount, rebate, commission or refund for the
purpose of securing this advertisement for
publication in the said newspaper.
PUBLISHED ON! 03/13 03/13
AD SPACE:
FILED ON:
122 LINE
03/13/09
- n - - - - - - h- ffi- -- -- - + u - - - - - . - - - - - - - -
. ~-------~t=
11th day of \1)(1,C\\
( ~\,.t1~'~i!L"~DONAU'
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"-::~:;.....?::~f Expires June 29, 2011
"".?f, ,~';\\", fl;,nj/ld Thn,l rr~~ ~^'n :',<;<,"'"", ~~().l~" 7,'-.
Signature of Affiant
Sworn to and Subscribed before me this
Personally known by me
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NOTICE OF INTENT TO CONSIDER ORDINANCE
Notice Is hereby given that on March 24, 2009 in the
Boardroom, 3rd Floor, Administration Building, col',
l1er county Government Center, 3301 East Tamlam
Trail, Naples, FloridEl., the Board of County Commis-
sioners will consider the enactment of a County Or-
dInance. The meeting will .commel)ce at 9:00 A.M.
The tItle of the proposed Ordmance Is as follows:
AN ORDINANCE OF THE BOARD OF COUNTY COM-
MISSIONERS Of COLLIER COUNTY, FLORIDA,
AMENDING CHAPTER 74 Of THE COLLIER COUNTY
CODE OF LAWS' AND ORDINANCES, THAT ORDI-
NANCE BEING THE COLLIER COUNTY CONSOLIDATED
IMPACT fEE ORDINANCE, NO. 2001.13, AS AMENDED,
PROVIDING FOR CHANGES TO THE REQUIREMENTS
FOR THE ASSESSMENT _Of IMPACT FEES FOR
CHANGES OF USE IN EXISTING BUILDINGS
THROUGH. THE IMPLEMENTATION OF THE "IMPACT
FEE PROGRAM fOR EXISTING COMMERCIAL REDE.
VEL.OPMENT", ESTABLISHING A SUNSET DATE FOR
THE PROGRAM UNLESS OffICIAL.LY EXTENDED BY
THE BOARD OF COUNTY COMMISSIONERS: PROVID-
ING FOR CONFLICT AND SEVERABILITY: PROVID.
ING FOR INCLUSION IN THE COLLIER COUNTY CODE
OF LAWS AND ORDINANCES: AND PROVIDING FOR
AN FFECTIVE DATE.
caples of the proposed Ordinance are on file with
the Clerk to the Beard and are available for Inspec.
tlon, AU interested parties are Invited to adend
and be heard,
NOTE: All persons wlshtng to speaK on any.a!endll.
Item must register wIth the COunty admlnts rator
prior to presentation of the agenda Item to _ be ad-
dressed. IndIvIdual speakers will be limIted to 03
mInUtes on any Item. In any case, wrltten maten.
als Intended to be considered by the Board shall be
submitted to the appropriate County staff a mIn.
imum of seven days prior to the publIc hearIng. .
If you are a person with a dlsablUty who ne~s any
accommodation -jn order to partIcipate In thIS pro-
ceeding, you are entitled, at no cost to you, to the
provision of certain assistance. Please contact the
Collier County Facllltles Management Department,
located at 3301 Tamiaml Tran East, Building w,
Naples, Florida 34112, (239) 252-8380.. Assisted 1I~.
tenlng devices for the hearing ImpaIred are avail-
able In the County CommIssIoners' Office.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
DONNA FIALA, CHAIRMAN
DWIGHT E, BROCK, CLERK
By: Martna Vergara. Deputy Clerk
(SEAL.)
oM;'lrt':hll No t7lUl;AA
2oL<,
Naples Daily News
Naples, FL 34102
'8.
Affidavit of Publication
Naples Daily News
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - + - - - - - - - - - - - - - - - - - - - - - - - -
BCC/ZONING DEPARTMENT
S CLUTE/FINANCE DEPT
POB 413044 CLERK OF THE CIRCUIT COURT
NAPLES FL 34101
REFERENCE: 068779
59565809
4500098454
NOTICE OF INTENT TO
State of Florida
County of Collier
Before the undersigned authority, personally
appeared Susan Rogge, who on oath says that she
serves as the Vice President of Finance of the
Naples Daily News, a daily newspaper published at
Naples, in Collier County, Florida: that the
attached copy of advertising was published in said
newspaper on dates listed.
Affiant further says that the said Naples Daily
News is a newspaper published at Naples, in said
Collier County, Florida, and that the said
newspaper has heretofore been continuously
published in said Collier County, Florida, each
day and has been entered as second class mail
matter at the post office in Naples, in said
Collier County, Florida, for a period of 1 year
next preceding the first publication of the
attached copy of advertisement; and affiant
further says that he has neither paid nor
promised any person, firm or corporation any
discount, rebate, commission or refund for the
purpose of securing this advertisement for
publication in the said newspaper.
PUBLISHED ON: 03/13 03/13
RFrFTVED
MAR 2 () 2009
FINANCE OEPT
AD SPACE:
FILED ON:
122 LINE
03/13/09
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Signature of Affiant
- - - - - - - -1/;;, -7J - - - - - u + - - - - - - - - - - - - - - u u - - - - - -
t?Wt r l(f?tJ L-
/'7M day of V}huh 200'(
(] rn (&1 'Q.l (!A"
';;;"'r(;~:, O1ANELA MCDONALLJ
,. ';,,: Commission DD 65047"
'0..*~,;;,Y Expires June 29, 2011 v
',p.r,..ii" R(n~(!T'';~TrQy)-B!nln:;ur(mryBoo<las.7019
Sworn to and Subscribeo before me this
C/l()u Q
Personally known by me
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. Original doculTIl:nts should be hand delivered to the Board Otlicc. The completed routing slip and original
documents are to be forwarded to the Board Office only after the Board has taken action on the item.)
ROUTING SLIP
/ 8A
Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the
exeeution oCtile Chairman's si2nature, draw a line throuoh routinp' lines # I throu2h #4, comolete the checklist, and forward to Sue Filson line #5).
Route to Addressee(s) Office Initials Date
(List in routine order)
l. Judy Puig, Operations Analyst CDES Administration ?i 3\~:510~
2.
\
3.
4.
5. Sue Filson, Executive Manager Board of County Commissioners
6. Minutes and Records Clerk of Court's Office
PRIMARY CONTACT INFORMATION
(The primary contact is the holder of the original document pending Bee 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 Sue Filson needs to contact staff for additional or missing
information. All original documents needing the Bee ehairman's !iignature are to be delivered to the Bee office only after the Bee has acted to approve the
item.
Name of Primary Staff
Contact
Agenda Date Item was
A roved b the BCC
Type of Document
Attached
Phone Number
. 'ctttcr..son
\ h)l{ .100(j
o {' cl i rW.A'\,GQ... 2f,<k' \ I.\"
Agenda Item Number
Number of Original
Documents Attached
25J -Sc.2...1
~A
I
Ves
(Initial)
N/A (Not
A licable)
1.
INSTRUCTIONS & CHECKLIST
Initial the Ves column or mark "N/A" in the Not Applicable column, whichever is
a ro riate.
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. Tbis 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 ossibl State Officials.
All handwritten strike-through and revisions have been initialed by the County Attorney's
Office and all other arties exce t the BCC Chairman and the Clerk to tbe Board
The Chairman's signature line date has been entered as the date ofBCC approval of the
document or the final ne otiated contract date whichever is a licable.
"Sign here" tabs are placed on the appropriate pages indicating where the Chairman's
si nature and initials are re uired.
In most cases (some contracts are an exception), the original document and this routing slip
should be provided to Sue Filson 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 BCe's actions are nullified. Be aware of our deadlines!
The document was approved by the BCC on :> (enter date) and all changes
made during the meeting have been incorporated in the attached document. The
Count Attorne 's Office has reviewed the chan es, if a licable.
AF
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2.
3.
4.
5.
6.
1: Formsl County FormsJ Bee Formsl Original Documents Routing Slip WWS Original 9.03_04. Revised 1.26.05, Revised 2.24.05
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MEMORANDUM
Date: April 3, 2009
To: Amy Patterson
Impact Fee Manager
From: Teresa Polaski, Deputy Clerk
Minutes & Records Department
Re: Validated Ordinance 2009-14: Amending the Consolidated
Impact Fee Ordinance (2001-13)
Enclosed for your records you will find a copy of the recorded document
referenced above (Agenda Item #8A) which was approved by the Board of
County Commissioners on Tuesday, March 24, 2009.
If you have any questions, please call me at 252-8411.
Thank you.
Enclosure
BA
MEMORANDUM
Date:
April 3, 2009
To:
Larry Lawrence
Property Appraiser
From:
Teresa Polaski, Deputy Clerk
Minutes & Records Department
Re:
Validated Ordinances: 2009-12 and 2009-14
Attached, for your records you will find one (1) copy of the documents
referenced above, adopted by the Board of County Commissioners on
Tuesday, March 24, 2009.
If you should have any questions, please call me at 252-8411.
Thank you.
Attachments (4)
8A
BA
ORDINANCE NO. 2009- 14
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 REQUIREMENTS
FOR THE ASSESSMENT OF IMPACT FEES FOR
CHANGES OF USE IN EXISTING BUILDINGS THROUGH
THE IMPLEMENTATION OF THE "IMPACT FEE
PROGRAM FOR EXISTING COMMERCIAL
REDEVELOPMENT"; ESTABLISHING A SUNSET DATE
FOR THE PROGRAM UNLESS OFFICIALLY EXTENDED
BY THE BOARD OF COUNTY COMMISSIONERS;
PROVIDING FOR CONFUICT 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 impaet fees as a funding souree for growth-related
capital improvements for various facilities since 1978; and
WHEREAS, on Mareh 13, 2001. the Board of County Commissioners adopted
Ordinanee 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 February 24, 2009, the Board of County Commissioners directed that
the provisions related to the requirements for the assessment of impact fees for "changes of use"
in existing buildings be amended through the implementation of the "Impact Fee Program for
Existing Commercial Redevelopment;" and
WHEREAS, the adoption of this Ordinance incorporates provisions that amend Section
74-201(c) of the Collier County Code of Laws and Ordinances related to change of size or use by
establishing a program through which development shall not be assessed additional impact fees
related to changes of use within an existing building, provided it meets the specified criteria; and
WHEREAS. this Ordinance specifics that this program shall not apply to assessments for
Water and Wastewater Impact Fees.
Page] of3
Underlined text is added: Etruck through text is deleted
I 8 A t~
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA. that:
SECTION ONE. Article 1I, lmpact Fees, Section 74-201, lmposition of impact fees, subsection
(c) of the Collier County Code of Laws and Ordinances is hercby amended to read as follows:
Section 74-201.
Imposition of impact fees.
***
(c) Change o(size or use.
***
(5) Impact Fee Prof!:ram for Existinf!: 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 officiallv sunset two years from the date of adoption unless continucd by a resolution
ofthe Board of County Commissioners prior to this date.
a. Development is proposed within a lawfully cxisting building which has had a
Certificate of Occupancy issued for at least 5 years prior to the commencement of
this program. Impact fccs for the existing bui Iding must havc been paid the then
applicable impact fees at time of construction; and
b. Proposed development is solely within thc existing building and does not
include thc addition of any new squarc footagc.
c. Demolition and reconstruction proiects are not eligible for this program.
***
SECTION TWO. 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 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-
Page 2 01'3
!l!1derlineii text is added; Strucl~ througH text is deleted
8A
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 FOUR. 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 ~ytl. day of ~Qn:AL, 2009.
A TTES,T' '..
DwightE. Brock,CIetk:
~~c~
11vnltUi't 1Jtri~
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
o
By:
A FIALA, CHAIRMAN
Jeff y A.
Cou ty A
lall:kow
ncy
Page 3 of3
Idnderlined text IS added: ~truck throHgh text is deleted
8A
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 2009-14
Which was adopted by the Board of County Commissioners
on the 24th day of March, 2009, during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 26th
day of March, 2009.
~..". ','
....",
DWIGHT E. BROCK
Clerk of Courts,~ndfCi&bi
'\ . "
Ex-officio to Boarq of .~~
County Commis~io.ners . ::
d
~."'..'..~....-~;-'
". l.'," '.,"
'. ..~
Teresa Polaski,
Deputy Clerk
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