Resolution 1995-076
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RESOLUTION NO. 95- 76
RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS, COLLIER COUNTY, FLORIDA,
AUTHORIZING PAYMENT OF LIBRARY SYSTEM IMPACT
FEES, PARKS AND RECREATIONAL FACILITIES IMPACT
FEES, ROAD IMPACT FEES, EMERGENCY MEDICAL
SERVICES SYSTEM IMPACT FEES AND EOUCATIONAL
FACILITIES SYSTEM IMPACT FEES FOR ONE HOUSE TO
BE CONSTRUCTED BY MINO BIANCANIELLO AND
SILVANA BIANCANIELLO ON LOT 18, BLOCK 217,
UNIT 6, PART I, GOLOEN GATE, NAPLES, FLORIDA.
WHEREAS, Collier County has recognized and attempted to
address the lack of adequate and affordable housing for moderate,
low, and very-low income households in the County and the need
for creative and innovative programs to assist in the provision
of such housing by including several provisions in the Collier
County Growth Management Plan, including: objective 1.4 f policy
1.4.1; objective 1.5, policy 1.5.2, policy 1.5.3, policy 1.5.4,
policy 1.5.5, policy 1.5.6; objective 1.6, policy 1.6.3;
objective 2.1, policy 2.1.1, policy 2.1.2, policy 2.1.3, policy
2.1.5, and policy 2.1.6 of the Housing Element: and
WHEREAS, Collier County has received funding pursuant to the
State Housing Initiatives Partnership Program set forth in
Section 420.907 et. sea., Florida statutes and Chapter 9I-37,
Florida Administrative Code; and
WHEREAS, in accordance with Collier County Ordinance No.
93-19, the County is authorized to use funding from the State
Housing Initiatives Partnership [SHIP] Program for waivers of
Collier County impact fees; and
WHEREAS, Mino Biancaniello and Silvana Biancaniello are
seeking a waiver of impact fees; and
WHEREAS, Mino Biancaniello and Silvana Biancaniello will
construct a three (3) bedroom unit (the "Dwelling Unit") on Lot
18, Block 217, Golden Gate, Unit 6, Part I, Naples, Florida which
is proposed to sell for Sixty-Five Thousand Dollars ($65,000.00);
and
WHEREAS, the Dwelling Unit will be owned by a very low
income household, and
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WHEREAS, Mino Biancaniello and Silvana Biancaniello
submitted to the County Manager's Office an Affordable Housing
Application dated September 16, 1994 for a waiver of impact fees
for the construction of a house on Lot 18, Block 217, Golden
Gate, unit 6 Part I, Naples, Florida, a copy of said application
is on file in the Housing and Urban Improvement Department; and
WHEREAS, in accordance with Section 3.04 of the Library
System Impact Fee Ordinance, Ordinance No. 88-97, as amended;
Section 4.05 of the Parks and Recreational Facilities Impact Fee
Ordinance, Ordinance No. 88-96, as amended; Section 3.04 of the
Road Impact Fee Ordinance, Ordinance No. 92-221 as amended;
Section 3.05 of the Emergency Medical Services System Impact Fee
Ordinance, Ordinance No. 91-71, as amended; and Section 3.05 of
the Educational Facilities System Impact Fee Ordinance, Ordinance
No. 92-33, as amended; an applicant may obtain a waiver of impact
fees by qualifying for a waiver; and
WHEREAS, Mino Biancaniello and Silvana Biancaniello have
qualified for an impact fee waiver based upon the following
representations made by Mino Biancaniello and Silvana
Biancaniello:
A. The Dwelling Unit shall be owned by a first-time home
buyer.
B. The Dwelling unit shall be owned by a household with a
very low income level as that term is defined in the
Appendices to the respective Impact Fee Ordinances and
the monthly payment to purchase the unit must be within
the affordable housing guidelines established in the
Appendices to the respective Impact Fee Ordinances.
C. The Dwelling Unit shall be the Homestead of the owner.
D. The Dwelling Unit shall remain affordable for fifteen
(15) years from the date the certificate of occupancy
is issued.
WHEREAS, Mino Biancaniello and Silvana Biancaniello
have requested that the County subordinate its rights, interest
and lien to Owner's primary lender and/or a government HOME loan.
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WHEREAS, Owner has provided sufficient documentation
that it requires a subordination of the County's impact fees to
Owner's primary lender and/or a government HOME loan.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLCRIDA, that:
1. The Board of County Commissioners hereby authorizes the
County Manager to issue an Authorization for waiver of
impact
fees
to
Mino
Biancaniello
and
Silvana
Biancaniello for one
(1)
house which shall be
constructed on Lot 18, Block 217, Golden Gate, Unit 6,
Part I, Naples, Collier County, Florida.
2. Upon receipt by the Housing and Urban Development
Director of an agreement for waiver signed by Mino
Biancaniello and
Silvana Biancaniello,
or
other
documentation acceptable to the County Attorney, the
Board of County Commissioners hereby authorizes the
payment by Collier County of the following impact fees
from the Affordable Housing Trust Fund, Fund (191), in
the following amounts for the one (1) house to be built
on Lot 181 Block 217, Golden Gate, Unit 6 Part I,
Naples, Florida by Mine Biancanielle and silvana
Biancaniello:
A. Library Impact Fee $ 180.52
B. Road Impact Fee 1,379.00
C. Parks and Recreational Facilities
Impact Fee:
(1) Community Parks 399.00
(2) Regional Parks 179.00
D. EMS Impact Fee 14.00
E. Educational Facilities System
Impact Fee S 1.778.00
Total Impact Fees $ 3,929.52
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3. The payment of impact fees by Collier County is subject
to the execution and recordation of an Affordable
Housing Agreement for payment of Collier County Impact
Fees between the property owner and/ or purchaser and
the County. Said Agreement shall provide that the lien
for
the
referenced
sha 11
be
above
Agreement
subordinated to the lien of the primary lender and/or
government HOME loan.
This Resolution adopted after motion, second and majority
vote favoring same.
~ATED:' \P:/l;f~
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ATTEST: . ,-',
DWIGHT E. BROCK; Clerk
BOARD OF COUNTY
COLLIER COUNTY,
"
COMMISSIONERS
FLORIDA
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Approved as to form and
legal sufficiency:
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By~ .:...0
Bettye'J.
Ch lrman
JLI0Z rJ{y:;' (, ~
Ii' 1 F. Ash on
Assistant County Attorney
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Mino and silvana Biancaniello
EXHIBIT "A"
Legal Description
Lot 18, Block 217, Golden Gate, Unit 6, Part 1,
according to the plat thereof recorded in Plat Book
9, Pages 1 through 7, inclusive, Public Records of
Collier County, Florida