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Agenda 01/14/2014 Item # 16F1 Proposed Agenda Changes Board of County Commissioners Meeting January 14,2014 Move Item 16D14 to Item 11E: Recommendation to adopt a Resolution amending Resolution No. 2013-227,the Collier County Domestic Animal Services Fee Policy,to provide for the limited waiver of fees where necessary and no alternative exists. (Commissioner Henning's request) Move Item 16D15 to Item 11F: Recommendation to direct the County Attorney to advertise an amendment to Section 5.04.05.D of the Land Development Code,which currently provides that,after public hearing,the County Manager may issue a 16-week, temporary use permit for the keeping of up to two hogs on Estates zoned property of 1.25 acres or greater,in preparation for showing and sale at the annual County Fair and/or the annual Immokalee Livestock Show,which amendment would convert this process from a public hearing to a permit issued by the County Manager,and to further allow one hog per each child enrolled in the 4-H Program,up to a maximum of two hogs per acre,and that the Board stay the enforcement of the current Ordinance until the public hearing. (Commissioner Henning's request) Note: Item 16F1: Paragraph 3 under the Considerations section of the Executive Summary is amended to read as follows: During the building permit process, a structure within the District boundary will not be charged water and/or sewer impact fees unless a connection is available made. (Commissioner Coyle's request) Time Certain Items: Item 11A to be heard at 10:00 a.m. Item 13A to be heard at 1:00 p.m. Item 9A to be heard at 1:30 p.m. 1/14/2014 16.F.1 . EXECUTIVE SUMMARY Recommendation to authorize advertising an Ordinance amending Chapter 74 of the Collier County Code of Laws and Ordinances, the Collier County Consolidated Impact Fee Ordinance, to incorporate provisions clarifying the imposition of Water and Sewer Impact Fees on geographic areas within the Collier County Water-Sewer District, by eliminating the requirement to pay such impact fees unless service is available. OBJECTIVE: That the Board of County Commissioners (Board) authorize the advertisement of an Ordinance amending Chapter 74 of the Collier County Code of Laws and Ordinances (Code) to provide that Water and Sewer Impact Fees will not be required to be assessed and paid unless service is available. CONSIDERATIONS: On November 18, 2008, under Agenda Item 6A, the Board directed the County Manager to review the then existing Collier County Water-Sewer District (District) boundaries to determine those geographic areas the District planned to provide with potable water and sewer services within the next ten years. The Board's direction was to determine those areas that could be added to the list of geographic areas identified in Section 74-303 (c) of the Code as expressly excluded from the imposition of water and sewer impact fees until such time those Developments are within ten years of being connected to the Regional Water and/or Sewer Systems as identified by the most current Public Utilities Water and Wastewater Master Plan Updates and the AUIR. Modifications to the geographic areas for the exclusion from the imposition of water and sewer impact fees were approved by the Board in 2009, 2011, and 2012 (Ordinances 2009-64, 2011-10, and 2012-03). The proposed change to the Code eliminates the need for any type of exclusionary status for most of the District by requiring the assessment of water and/or sewer impact fees to properties that have an immediate or imminent connection to the infrastructure. During the building permit process, a structure within the District boundary will not be charged water and/or sewer impact fees unless a connection is available. Future connections resulting from infrastructure expansions will be required to pay water and/or sewer impact fees at the time of connection, under the current existing provisions. The proposed change eliminates the probability that the District will collect utility impact fees that will ultimately be refunded to a property owner as a result of an inability to connect to the District's infrastructure. The need to manage, monitor, and track refund notifications is no longer necessary in an environment in which refundable utility impact fees are not collected as they relate to an anticipated future connection to the District's infrastructure. Upon Board approval and final adoption of an Ordinance implementing the proposed changes, staff is also recommending that the Board authorize implementation of a refund notification process in advance of the time table established by the Special Act in an effort to resolve all known potential refunds. Under this process, the District will notify all qualified properties, from June of 2003 through the date of adoption of the amended Ordinance, of their eligibility for a refund of paid utility impact fees and paid Allowance for Funds Prudently Invested(AFPI) fees, if applicable. Page 1 of 3 Packet Page -1334- 1/14/2014 16.F.1 . For budgeting and planning purposes, staff is proposing the following timetable of advance notification indicating the fiscal year in which the phase will be implemented. This timetable may be extended or reduced based on the direction of the Board: 1. Phase I (FY2014) — Notification of known properties from June FY2003through FY2005 2. Phase II (FY2015) — Notification of known properties from FY2006 through FY2007 3. Phase III(FY2016) — Notification of known properties from FY 2008 through FY2009 4. Phase IV(FY2017) — Notification of known properties from FY2010 through FY 2011 5. Phase V (FY2018) — Notification of known properties during FY2012 through FY2014 At the end of Phase V, it is anticipated that all known utility impact fee payments collected without the ability to connect to the infrastructure will be resolved. Going forward, staff will only assess water and/or sewer impact fees to properties that have an immediate or imminent connection to the infrastructure. FISCAL IMPACT: The proposed Ordinance will eliminate the requirement for the payment of water and/or sewer impact fees for development for which a connection to utility infrastructure and service is not available. Therefore, impact fees will strictly be assessed to development that will create demand on the infrastructure. With respect to potential refunds for properties that do not have the ability to connect to the infrastructure, the fiscal impact is estimated to be $560,000 affecting Funds 411, 413, and 408, and is currently proposed to be scheduled and budgeted to spread the costs of the refunds over a five year period as indicated in the following table. PROGRESS REPORT FOR SPECIAL ACT REFUND AUDIT Fund 411 Fund 413 Fund 408 Fund 408 WATER SEWER TOTAL W&S **AFPI WATER **AFPI SEWER TOTAL AFPI MONTH/YEAR REFUND REFUND REFUND REFUND REFUND REFUND AMOUNT AMOUNT AMOUNT AMOUNT AMOUNT AMOUNT PHASE I*(FY2003 thru FY2005) $ 23,030.00 $ 30,916.00 $ 53,946.00` $ - $ - $ - Implement in FY2014 PHASE 11*(FY2006thru FY2007) Implement in FY2015 $ 26,426.00 $ 43,316.50 $ 69,74230 $ - $ - $ - PHASE I11*(FY2008 thru FY2009) Implement in FY2016 $ 43,552.08 $157,444.90 5200,996.98 $ 2,472.72 $ 12,408.76 $ 14,881.48 PHASE IV*(FY2010 thru FY2011) Implement in FY2017 $ 55,055.00 $ 52,075.50 $107,130.50 $ 7,040.12 $ 6,974.32 $ 14,014.44 PHASE V*(FY2012 thru FY2014) Implement in FY2018 $ 50,318.50 $ 36,708.00 $ 87,026.50 $ 2,348.13 $ 4,666.95 $ 7,015.08 *.=All Phases contain estimates based on preliminary reports;the numbers may change as detailed audits and customer notifications are completed. "*=Allowance for Funds Prudently invested(AFPI)requirements sunset on December 31,2012. Fund 411 Fund 413 Fund 408 Fund 408 TOTAL S 198,381.58 5 320,460.90 5 518,842.48 5 11,860.97 S 24,050.03 5 35,911.00 Page 2 of 3 Packet Page-1335- 1/14/2014 16.F.1 . GROWTH MANAGEMENT IMPACT: Impact Fees generate funds to be spent on capital improvements to public facilities necessitated by growth. This is consistent with Objective 2 of the Capital Improvement Element of the Collier County Growth Management Plan, which states "Future development will bear a proportionate cost of facility improvements necessitated by growth." The proposed Ordinance does not in any way waive water and sewer impact fees for any Development connecting to the District's Regional Water and/or Regional Sewer System. The proposed changes maintain the fairness and equity of the impact fee provisions while providing programmatic improvements and overall benefit to the residents and businesses of Collier County. LEGAL CONSIDERATIONS: This item is approved as to form and legality, and requires a majority vote for Board approval. - SRT RECOMMENDATION: Recommendation to authorize advertising an Ordinance amending Chapter 74 of the Collier County Code of Laws and Ordinances, the Collier County Consolidated Impact Fee Ordinance, to incorporate provisions clarifying the imposition of Water and Sewer Impact Fees on geographic areas within the Collier County Water-Sewer District, by eliminating the requirement to pay such impact fees unless service is available. PREPARED BY: Gilbert Moncivaiz, Impact Fee Coordinator, Office of Management and Budget ATTACHMENTS: Proposed Ordinance Page 3 of 3 Packet Page-1336- 1/14/2014 16.F.1 . COLLIER COUNTY Board of County Commissioners Item Number: 16.16.F.16.F.1. Item Summary: Recommendation to authorize advertising an Ordinance amending Chapter 74 of the Collier County Code of Laws and Ordinances, the Collier County Consolidated Impact Fee Ordinance,to incorporate provisions clarifying the imposition of Water and Sewer Impact Fees on geographic areas within the Collier County Water-Sewer District, by eliminating the requirement to pay such impact fees unless service is available. Meeting Date: 1/14/2014 Prepared By Name: Gilbert Moncivaiz Title: Impact Fee Coordinator,Utilities Finance Operation 12/18/2013 2:00:10 PM Approved By Name:PattersonAmy Title: Manager-Impact Fees&EDC,Business Management& Date: 12/19/2013 3:38:19 PM Name: Joseph Bellone Title: Manager-Utility Billing&Cust Serv.,Utilities F Date: 12/26/2013 8:21:32 AM Name: TeachScott Title: Deputy County Attorney,County Attorney Date: 12/27/2013 10:37:33 AM Name: GreenwaldRandy Title: Management/Budget Analyst,Office of Management&B Date: 12/27/2013 11:25:09 AM Name: KlatzkowJeff Title: County Attorney Date: 1/6/2014 9:36:55 AM Name: UsherSusan Packet Page -1337- 1/14/2014 16.F.1 . Title: Management/Budget Analyst, Senior,Office of Manage Date: 1/6/2014 4:42:45 PM Name: OchsLeo Title: County Manager Date: 1/7/2014 10:19:20 AM Packet Page -1338- 1/14/2014 16.F.1 . ORDINANCE NO. 2014 - AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING THE COLLIER COUNTY CONSOLIDATED IMPACT FEE ORDINANCE, NO. 2001-13, AS AMENDED, TO INCORPORATE PROVISIONS CLARIFYING THE IMPOSITION OF WATER AND SEWER IMPACT FEES ON GEOGRAPHIC AREAS WITHIN THE COLLIER COUNTY WATER- SEWER DISTRICT, BY ELIMINATING THE REQUIREMENT TO PAY SUCH IMPACT FEES UNLESS SERVICE IS AVAILABLE; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE COLLIER COUNTY CODE OF LAWS AND ORDINANCES; AND, PROVIDING 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; and WHEREAS, the adoption of this Amendment to the Ordinance incorporates provisions that will amend Section 74-303 (c)(1) of the Collier County Code of Laws and Ordinances relating to the applicability and imposition of Water and Sewer Impact Fees on geographic areas within the Collier County Water-Sewer District by providing that, during the permit process, a structure within the District boundary will not be charged water and/or sewer impact fees unless a connection is available; and WHEREAS, the proposed amendment eliminates the probability that the District will collect utility impact fees that will ultimately be refunded to a property owner as a result of an inability to connect to the District's infrastructure. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY,FLORIDA,that: SECTION ONE. Article III, Impact Fees, Section 74-303, Special Requirements for Water Impact Fee and/or Sewer Impact Fee, subsection C, Limitation on Applicability, of the Collier County Code of Laws and Ordinances is hereby amended to read as follows: Section 74-303. Special Requirements for Water Impact Fee and/or Sewer Impact Fee. * * * * Page 1 of 8 Underlined text is added;strusk4hrough text is deleted. Packet Page -1339- 1/14/2014 16.F.1 . C. Limitation on Applicability. Notwithstanding the general applicability provisions set forth in this chapter, water and sewer impact fees shall be limited as follows: 1. The imposition of water and sewer impact fees shall net-apply-within-the geographic areas expressly excluded by this chapter for purposes of the water and/or - - •_ , :- • .. _ . include only development on lands within the county water sewer district, , - - ' = - - =•- -- - - _ • • - • - -- - - - _ - - - - -_ -: : : The imposition and collection of water and sewer impact fees on geographic areas within the county water sewer district shall not take place until such time when connection to the regional water and/or sewer system is anticipated available or imminent. - - - -- - - • -- - current county Public Utilities Water and Wastewater Master Plan Updates and the within the excluded areas which are either Lands required to connect or request connection to the regional water and/or sewer system, or which otherwise create a growth necessitated demand upon the regional water and/ or sewer system shall be subject to the imposition of impact fees in accordance with this chapter_ •- -• •. - - . . - • -•- The following areas are provided exclusion from water and/or sewer impact fees since they are not served by the existing treatment capabilities of the regional water and/or regional sewer system: a. Those areas lying within the boundaries of the former _. . - .. _ _ - !• clwien of the Ma•ce Water and b: a. Those areas lying within the boundaries of the former Goodland Water District. Exclusion of the those areas within the boundaries of the former Goodland Water District recognizes that this area is not presently planned to be served by the treatment capabilities of the regional water and/or regional sewer systems. e. The following exclusion of the geographic areas in Golden the density and use of these areas in such a manner as to make it future via the regional water and/or regional sewer systems-or any other centralized water and/or sewer utility. Page 2 of 8 Underlined text is added;41%6k-through text is deleted. a Packet Page-1340- 1/14/2014 16.F.1 . 1. Golden Gate Estates, Unit No. 1, Plat Book 1, Page 73, Public 2. Golden Gate Estates, Unit No. 2, Plat Book '1, Page 75, Public • - 3. Golden Gates Estates, Unit No. 3, Plat Boek 4, Page 77, Public 4 elden Gates-Estates, Unit No. 4, Plat Book 1, Page 79, Public Records of Collier County, Florida. 5. Golden Gates Estates, Unit No. 26, Plat Book 7, Page 15, Public 6. Golden Gates Estates, Unit No. 27, Plat Book 7, Page 17, Public • - 7. Golden-Gates Estates, Unit No. 28, Plat Book 7, Page 19, Public Records of Collier County, Florida. S. Golden Gates-&tates, Unit No. 29, Plat Book 7, Page 57, Public nien Gates Estates, Unit No. 30, Plat Book 7, Page 58, Public • • Y. 10. Golden Gates Estates, Unit No. 31, Nat Book 7, Page 59, Public 11. Golden Gates Estates, Unit No. 32, Plat Book 7, Page 21, Public 12. Golden Gates Estates, Unit No. 33, Plat Book 7, Page 60, Public Records of Collier County, Florida. 13. Golden Gates Estates, Unit No. 34, Plat Book 7, Page 23, Public Records of Collier County, Florida. 11. Golden Gates Estates, Unit No. 35, Plat Book 7, Page 85, Public Records of Collier County, Florida. l-5 Golden Gates Estates, Unit No. 95, Plat Book 9, Page 115, Public Records of Collier County, Florida. 16. Golden Gates- states, Unit No. 96, Plat Book 7, Page 94, Public Records of Collier County, Florida. 17. Golden Gates Estates, Unit No. 97, Plat Book 7, Page 95, Public Records of Collier County, Florida. b.4--Those areas lying within the Marco Shores, Unit 1, Sections 26 and 27, Township 52 South, Range 26 East, and recorded in Plat Book 14, Page 34 of the Public Records of Collier County, Florida. Exclusion of the Marco Shores, Unit 1, recognizes that this area is not presently planned to be served by treatment capabilities of the regional water and/or regional sewer systems. at Southeast corner of Section 6, Township 1.9 South, Range 26 East, Collier Page 3 of 8 Underlined text is added;struck rough text is deleted. Packet Page-1341- 1/14/2014 16.F.1. County, Florida; thence north 88 degrees 50 minutes 15 seconds east along the along the east line of Section 6 a _• --. - !' • • e - - - ,. - . -••• - 1285.80 feet; thence south 1 degree 10 minutes 35 seconds east, a distance of •- , f. Areas North of Radio Road located within Section 31, Township 49 South, Range 26 East, Collier County, Florida, generally described as these g. All of Section 8, Township 50 South, Range 26 East (excluding South, Range 26 East; Part of Section 17, Township 50 South, Range 26 East; and - - -• - . , -• -•- , • ..:, _. .. -- - Polly Ave., Wendy Lane, Landsdale Lane and Cynthia Way. c_h--Those areas lying within the Key Marco Community Development District. Exclusion of the Key Marco Community Development District recognizes that this area is :- •- • - --•• • - - - - - not presently planned to be served by treatment capabilities of the regional water and/or regional sewer systems. i. All those areas lying within the county water and wastewater successors or assigns, located within Collier County, Florida. (The only provided by the county.) j. All those areas located within the City of Naples service areas as described in the October, 1977 city/county agreement and amendments thereto, or Page 4 of 8 Underlined text is added;0%61E-through text is deleted. Packet Page-1342- 1/14/2014 16.F.1 . k. Area of CR951 and US41: One mile sections that run west of the 36, Township 49 South, Range 26 East; All of Sections 1, 11, 14, 23, 26 and 35, • .. . 44 m. Any and all portions of Sections 13, 14, 15, 16, 20, 21, 22, 27, and 28, Township 19 South, Range 27 East within the Collier County Water Sewer and all portions of Section 31, Township 58 South, Range 27 East within the Collier County Water Sewer District boundaries. Any and all portions of Sections 3, 1, 10, and 11, Township 51 South, Range 27 East within the Collier County Township 50 South, Range 25 East within the Collier County Water Sewer District boundaries. Any and all portions of Sections 1, 2, 3, 11, 12, 13, 11, 23, and 24, Township 51 South, Range 25 East within the Collier County Water - . District boundaries. Any and all portions of Sections 34, 35, and 36, Township 47 South, Range 27 East within the Collier County Water Sewer District boundaries. Any and all portions of Sections 1, 2, and 3, Township 48 South, Range 27, East within the Collier County Water Sewer District boundaries. n. Any and all portions of Section 25, Township 19 South, Range 26 East within the Collier County Water Sewer District boundaries. Any and all portions of Section 15, Township 18 South, Range 26 East within the Collier 36, Township 50 South, Range 25 East within the Collier County Water Sewer District boundaries. Any and all portions of Sections 5, 6, 8, 9, 16, 21, 25, 28, 29, 30, 31, 35, 36, Township 51 South, Range 26 East within the Collier County Water Sewer District boundaries. Any and all portions of Sections 5, 6, 9, 15, 19, 29, 30, 31, 32, 33, 31, Township 51 South, Range 27 East within the Collier County Water Sewer District boundaries. Any and all portions of Sections 1, 2, 3, Page of 8 Underlined text is added;str�elE-thr-eugh text is deleted. Packet Page-1343- 1/14/2014 16.F.1 . 1, 10, 11, 12, 21, Township 52 South, Range 26 East within the Collier County 9, 10, 11, 15, 16, 17, 20, 21, 22, 28, 29, 30, 31, 32, Township 52 South, Range 27 o. Any and all portions of Sections 09, 16, 22, 25 and 36, Township '18 South, Range 26 East within the Collier County Water Sewer District boundaries. Any and all portions of Sections 12, 13, 24 and 25, Township 50 Any and all portions of Sections 19 and 30, Township 50 South, Range 27 East _ . .. • ,, - • - (2) Areas generally excluded from the imposition of only the sewer excluded: a. Those areas lying within the Pine Ridge Subdivision as shown in Plat Book 3, Page 21, Public Records of l i° County, Fl^ d1 b. Exclusion of the following areas in Pinc Ridge Subdivision, Pine Ridge Extension, and Pine Ridge Seco - - _ - • - •• - via the regional water and/or regional sewer systems or any other centralized 1. Pine Ridge Extension, Plat Book 3, Page 51, Public Records of Collier County,Florida. .•__ • •::- - - • • , • - 8 'Collier County,Florida. 3. Pine Ridge Second Extension, Plat Book 10, Page 86, Public Records of Collier County, Florida. Records of Collier County, Florida. c. Coconut Creek, Unit 1, according to Plat Book 1, Page 108, Public Records of Collier County, Florida; Cocon - . , - , ' : too , ': ', Public Record of Collier County, Florida; Cocon. -= , - , ' = == Page 6 of 8 Underlined text is added;struck gh text is deleted. Packet Page -1344- 1/14/2014 16.F.1 . Page 18, Public Records of Collier County, Florida; Westview Plaza, Plat Book 13, Page 50, Public Records of Collier County, Florida; more specifically - - s - - _ . d. Four Seasons, according to-Plat Book 10, Page 95, Public Records Page 6,Public Records of Collier County, Florida. • - - - - described as all single family lots adjacent to or abutting "The Lane." f. Tall Pines, according to Plat Book 12, Page 70, Public Record of Collier County,Florida; g. Isle of Capri No. 1, according to Plat Book 3, Page 11, Public Records of Collier Country, Florida; Isle : . : • , .--. -•• - ' . :. , to Plat Book 3, Page 66, Public Records of Collier County, Florida; Isle of Capri Business Section, according to Plat Boek 3, Page 52, Public Records of Collier County, Florida and any and all portions of Government Lot I, Section 6, Township 52 South, Range 26 East developed as part of Isles of Capri, but which is not included in Isles of Capri No. 1, Plat Book 3, Page 41, Public Records of Collier County,Florida. and sewer impact fee exemption: - - - - 59, Public Records of Collier County, Florida, Sections 20 and 29 Township 49 South, Range 26 East within the Collier County Water Sewer District boundaries, as referenced in Section 74 303 C.1-.c. I _ ! e :•-..--- et •• .. _ : :_ _ Section 17, Township 50 South, Range-26 East within the Collier County Water Sewer District boundaries, as referenced in Section 74 303 C.l.g. of Ordinance 2001 13. Any Ordinance 2001 13. Any and all portions of Sections 11 and 12, Township 51 South, in Section 71 303 C.1.k. Ordinance 2001 13. Any and all portions of Section 20, Township 51 South, Range 27 East win the Collier-County Water Sewer District boundaries, as referenced in Section 74 303 C.1.k. of Ordinance 2001 13. Page 7 of 8 Underlined text is added;stfuel.-through text is deleted. Packet Page -1345- 1/14/2014 16.F.1. 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 the 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 portion. SECTION THREE: INCLUSION IN THE CODE OF LAWS AND ORDINANCES. The provisions of this Ordinance shall become and be made a part of the Code of Laws and Ordinances of Collier County, Florida. The sections of the Ordinances may be renumbered or relettered 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 receipt of notice from the Secretary of State that this Ordinance has been filed with the Secretary of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this day of , 2014. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA By: By: , Deputy Clerk , CHAIRMAN Approved as to form and legality: Sew)+-e L_ Scott R. Teach Deputy County Attorney Page 8 of 8 Underlined text is added;stsk-thfeugh text is deleted. Packet Page -1346-