Agenda 10/25/2016 Item #17A 17A
10/25/2016
EXECUTIVE SUMMARY
Recommendation to approve 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 approve an Ordinance amending 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.
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 approve 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 Deferral Subordination (DOCX)
2. Legal Ad-Agend ID#2122 -Impact Fee Ordinance Amendment0000 (PDF)
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17.A
10/25/2016
COLLIER COUNTY
Board of County Commissioners
Item Number: 17.A
Item Summary: Recommendation to approve 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: 10/25/2016
Prepared by:
Title: Operations Analyst, Senior—Capital Project Planning,Impact Fees,and Program Management
Name: Paula Fleishman
10/05/2016 11:11 AM
Submitted by:
Title: Division Director-Corp Fin&Mgmt Svc—Budget and Management Office
Name: Mark Isackson
10/05/2016 11:11 AM
Approved By:
Review:
Capital Project Planning,Impact Fees,and Program Management Amy Patterson Additional Reviewer Completed
Growth Management Department Jeanne Marcella Additional Reviewer Completed 10/06/2016 10:34 AM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 10/06/2016 10:53 AM
Budget and Management Office Mark Isackson Additional Reviewer Completed 10/06/2016 11:07 AM
County Attorney's Office Jeffrey A.Klatzkow Level 3 County Attorney's Office Review Completed 10/07/2016 1:29 PM
County Manager's Office Leo E.Ochs Level 4 County Manager Review Completed 10/14/2016 12:59 PM
Board of County Commissioners MaryJo Brock Meeting Pending 10/25/2016 9:00 AM
Packet Pg. 1973
17.A.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
DEFERRALS FOR ALL OWNER-OCCUPIED DWELLING UNITS TO
INCLUDE SUBORDINATION TO THE OWNER'S FIRST c
MORTGAGE; PROVIDING FOR INCLUSION IN THE CODE OF
LAWS AND ORDINANCES; AND PROVIDING FOR CONFLICT AND
SEVERABILITY.
WHEREAS, Collier County uses impact fees to supplement the funding of necessary
capital improvements required to provide public facilities to serve new population and related
development that is necessitated by growth in Collier County; and o
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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, affordable housing is a priority in Collier County and Sections 74-401 and
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74-402 in Chapter 74 of the Collier County Code of Laws and Ordinances provide for Impact
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Fee Deferrals granted by the Board of County Commissioners subject to specified procedures
and conditions; and
WHEREAS, the Impact Fee Deferral Program for owner-occupied affordable housing
as
deferrals was suspended in 2009 and was reinstated on June 23, 2015. -0
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
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owner's first mortgage; and
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY,FLORIDA,that:
Underlined text is added;Staic-kthrettgh text is deleted
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17.A.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:
To-
Section 74-401. Impact fee deferral
as
(1) Single family, detached residences and duplexes. Subordination. Impact fee deferrals for
only single family, detached residences, or duplexes, as all owner occupied dwelling
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
deferrals may also be similarly subordinated in the case of rental dwelling units; 0
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.. _ ., - . ' . _ . • , but only if the owner provides additional cash ta)
equivalent financial instruments which will yield the full amount of the deferred impact E
fees when they may become due and payable. This provision requiring additional
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security is not applicable to community workforce housing innovation pilot program N
(CWHIP projects.
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SECTION TWO. CONFLICT AND SEVERABILITY. `o
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In the event this Ordinance conflicts with any other Ordinance of Collier County or other ,a>
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-
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.
Underlined text is added;Struck through text is deleted
Page 2 of 3
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17.A.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
County, Florida this day of , 2016. a
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ATTEST BOARD OF COUNTY COMMISSIONERS
Dwight E. Brock, Clerk OF COLLIER COUNTY, FLORIDA
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By: By:
, Deputy Clerk DONNA FIALA, Chairman o
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Approved as to form and legality: Q.
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Jeffrey A. Klatzkow p
County Attorney
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Page 3 of 3
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17.A.b
Notice_, = Notice
NOTICE OF INTENT TO CONSIDER ORDINANCE 7.1
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Notice is hereby given that on Tuesday.October 25.2016,in the y
Boardroom,Third Floor,Administration Building, Collier County cz
Government Center,3299 East Tamiami Trail,Naples,Florida,the c
Board of County Commissioners,will consider the enactment of co
a County Ordinance. The meeting will commence at 9:00 A.M. E
The title of the proposed Ordinance is as follows: -a
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AN ORDINANCE OF THE BOARD OF COUNTY E
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, Q
AMENDING CHAPTER 74 OF THE COLLIER COUNTY CODE a)
OF LAWS AND ORDINANCES(BEING THE COLLIER COUNTY cao
CONSOLIDATED IMPACT FEE ORDINANCE, NO. 2001-13, a
AS AMENDED) PROVIDING FOR AN AMENDMENT TO :a
SECTION 74-401 TO ALLOW IMPACT FEE DEFERRALS FOR 0
ALL OWNER-OCCUPIED DWELLING UNITS TO INCLUDE
SUBORDINATION TO THE OWNER'S FIRST MORTGAGE; d
PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND LL
ORDINANCES; AND PROVIDING FOR CONFLICT AND
SEVERABILITYr . es
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m A Copy of the proposed Ordinance is on file with the Clerk to the E
Board and is available for inspection. All interested parties are
`r invited to attend and be heard. N
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MNOTE: All persons wishing to speak on any agenda item mustCNI
register with the County administrator prior to presentation of
v the agenda item to be addressed. Individual speakers will be oc
o limited to 3 minutes on any item. The selection of an individual
t; to speak on behalf of an organization or group is encouraged. o
p If recognized by the Chairman, a spokesperson for a group or a
>:, organization may be allotted 10 minutes to speak on an item. E
�\ , Persons wishing to have written or graphic materials included in c
'5 the Board agenda packets must submit said material a minimum a)
L of 3 weeks prior to the respective public hearing. In any case, E
~ written materials intended to be considered by the Board shall Q
3 be submitted to the appropriate County staff a minimum of w
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a, seven days prior to the public hearing. All material used in
Z presentations before the Board will become a permanent part c
a of the record.
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p Any person who decides to appeal a decision of the Board p`
in m will need a record of the proceedings pertaining thereto and m
therefore, may need to ensure that a verbatim record of the a)
RS proceedings is made,which record includes the testimony and "-
Z evidence upon which the appeal is based. u
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If you are a person with adisabilitywho needs any accommodation E
in order to participate in this proceeding,you are entitled,at no —
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cost to you,to the provision of certain assistance.Please contact '
the Collier County Facilities Management Division, located at N
3335 Tamiami Trail East,Suite#101,Building W, Naples,Florida N
34112,(239)252-8380.Assisted listening devices for the hearing
impaired are available in the County Commissioners'Office.
BOARD OF COUNTY COMMISSIONERS -a
COLLIER COUNTY,FLORIDA a
DONNA FIALA,CHAIRMAN a)
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DWIGHT E.BROCK,CLERK '
By: Martha Vergara,Deputy Clerk -a
(SEAL) Q
October 13,2016 No.1305246 o
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