Agenda 10/11/2016 Item #16F7 16.F.7
10/11/2016
EXECUTIVE SUMMARY
Recommendation to authorize the County Attorney to advertise for future consideration an
Ordinance amending Chapter 74 of the Collier County Code of Laws and Ordinances,which is the
Collier County Consolidated Impact Fee Ordinance, to provide for an amendment to Section 74-
401 to allow impact fee deferrals for all owner-occupied dwelling units to include automatic
subordination to the owner's first mortgage.
OBJECTIVE: To authorize the County Attorney to advertise an amendment to the Impact Fee
Ordinance to allow impact fee deferrals for all owner-occupied units to include automatic subordination
to the owner's first mortgage.
CONSIDERATIONS: Section 74-401 of the Collier County Code of Laws and Ordinances provides for
impact fee deferrals subject to specified procedures and conditions which include automatic subordination
to the owner's first mortgage for owner-occupied, single-family detached residences or duplexes.
Several deferral applications have recently been submitted for owner-occupied, multi-family units.
Currently,the Code does not allow for deferral agreements to include automatic subordination to the first
mortgage for this type of dwelling. Staff has been informed by developers, applicants, and lenders that
banks and mortgage lenders will not approve mortgages for these properties without subordination to the
first mortgage. This amendment will provide an opportunity for those otherwise qualified applicants to
participant in the Countywide Impact Fee Deferral Program.
FISCAL IMPACT: Impact fee deferrals are limited to an amount of no more than three (3%) of prior
year impact fee collections. This change allows for an additional type of unit to be able to participate in
the program but will not change the total allowable amount deferred, therefore, there is no fiscal impact
associated with this amendment. The cost to advertise the proposed Ordinance is approximately$400.00.
GROWTH MANAGEMENT IMPACT: This amendment will further the Goals, Objectives, and
Policies within the Housing Element of the Growth Management Plan.
LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney, is approved as to
form and legality,and requires majority support for approval. -JAK
RECOMMENDATION: To authorize the County Attorney to advertise for future consideration an
Ordinance amending Chapter 74 of the Collier County Code of Laws and Ordinances to provide for an
amendment to allow impact fee deferrals for all owner-occupied dwelling units to include automatic
subordination to the owner's first mortgage.
Prepared by: Paula Fleishman, Senior Operations Analyst
Capital Project Planning,Impact Fees and Program Management Division
Growth Management Department
ATTACHMENT(S)
1.Ordinance-Amendment to Impact Fee Ordinance (PDF)
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16.F.7
10/11/2016
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.F.7
Item Summary: Recommendation to authorize the County Attorney to advertise for future
consideration an Ordinance amending Chapter 74 of the Collier County Code of Laws and Ordinances,
which is the Collier County Consolidated Impact Fee Ordinance, to provide for an amendment to Section
74-401 to allow impact fee deferrals for all owner-occupied dwelling units to include automatic
subordination to the owner's first mortgage.
Meeting Date: 10/11/2016
Prepared by:
Title: Legal Assistant/Paralegal—County Attorney's Office
Name: Virginia Neet
10/03/2016 12:03 PM
Submitted by:
Title: Division Director-Corp Fin&Mgmt Svc—Budget and Management Office
Name: Mark Isackson
10/03/2016 12:03 PM
Approved By:
Review:
County Attorneys Office Jeffrey A.Klatzkow Level 3 County Attorneys Office Review Completed 10/03/2016 12:08 PM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 10/03/2016 2:58 PM
Budget and Management Office Mark Isackson Additional Reviewer Completed 10/03/2016 3:03 PM
County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 10/03/2016 10:33 PM
Board of County Commissioners MaryJo Brock Meeting Pending 10/11/2016 9:00 AM
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16.F.7.a
ORDINANCE NO.2016-
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA, AMENDING CHAPTER 74 OF
THE COLLIER COUNTY CODE OF LAWS AND ORDINANCES
(BEING THE COLLIER COUNTY CONSOLIDATED IMPACT FEE
ORDINANCE, NO. 2001-13, AS AMENDED) PROVIDING FOR AN
AMENDMENT TO SECTION 74-401 TO ALLOW IMPACT FEE
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DEFERRALS FOR ALL OWNER-OCCUPIED DWELLING UNITS TO
INCLUDE SUBORDINATION TO THE OWNER'S FIRST
MORTGAGE; PROVIDING FOR INCLUSION IN THE CODE OF
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LAWS AND ORDINANCES; AND PROVIDING FOR CONFLICT AND w
SEVERABILITY. rtS
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WHEREAS, Collier County uses impact fees to supplement the funding of necessary o
capital improvements required to provide public facilities to serve new population and related
development that is necessitated by growth in Collier County; 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
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superseding all of the County's then existing impact fee regulations, and consolidating all of the a)
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 f_
WHEREAS, affordable housing is a priority in Collier County and Sections 74-401 and LL
74-402 in Chapter 74 of the Collier County Code of Laws and Ordinances provide for Impact
Fee Deferrals granted by the Board of County Commissioners subject to specified procedures
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and conditions; and
WHEREAS, the Impact Fee Deferral Program for owner-occupied affordable housing
deferrals was suspended in 2009 and was reinstated on June 23,2015.
WHEREAS, staff is recommending, and this Board agrees, to amend the Code to allow
impact fee deferrals for all owner-occupied dwelling units to include subordination to the
owner's first mortgage. -a
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NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY,FLORIDA,that:
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16.F.7.a
SECTION ONE. Article IV. Affordable Housing Impact Fee Deferral, Section 74-401, Impact
fee deferral, of the Collier County Code of Laws and Ordinances is hereby amended to read as
follows:
Section 74-401. Impact fee deferral
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(1) .•-: _ .. , - -•.- -• _ . - - - . . - - . Subordination. Impact fee deferrals for
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• • - ••• , • -•• - - - •- -• -- , . • • . - - , . all owner occupied dwelling
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units, will automatically be subordinate to the owner's first mortgage and/or any
government funded affordable housing loan such as SAIL or HOME loan. Impact fee c'
deferrals may also be similarly subordinated in the case of rental dwelling units; -0
- .• . • - - _ •..• , but only if the owner provides additional cash E
equivalent fmancial instruments which will yield the full amount of the deferred impact
fees when they may become due and payable. This provision requiring additional
security is not applicable to community workforce housing innovation pilot program
(CWHIP projects.
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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 E
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.
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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-
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.
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16.F.7.a
SECTION FOUR. EFFECTIVE DATE.
This Ordinance shall be considered adopted upon the date written below.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier c)
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County,Florida this day of ,2016. as
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ATTEST BOARD OF COUNTY COMMISSIONERS
Dwight E. Brock, Clerk OF COLLIER COUNTY,FLORIDA U.
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By: By: c
,Deputy Clerk DONNA FIALA, Chairman c
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Approv,i.. as . ;,i.•-••.• legality: C°
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