Agenda 06/24/2014 Item #16F16/24/2014 16.F.1.
EXECUTIVE SUMMARY
Recommendation to accept the fifth annual report on the "Impact Fee Program for Existing
Commercial Redevelopment" and approve a resolution extending the Program to July 1, 2015,
based on the continuing interest in the Program.
OBJECTIVE: That the Board of County Commissioners (Board) accepts the fifth annual report on
the "Impact Fee Program for Existing Commercial Redevelopment" and approves a resolution
extending the Program to July 1, 2015, based on the continuing interest in the Program.
CONSIDERATIONS: On March 24, 2009, the Board adopted Ordinance No. 2009 -14, which
established the "Impact Fee Program for Existing Commercial Redevelopment." The development of
this Program arose from two basic problems: 1) a large number of older buildings throughout Collier
County were unable to attract tenants due to the economic downturn combined with the required
payment of additional impact fees related to changes of use; and 2) tenants that were unable to find
space in existing buildings due to the required payment of additional impact fees related to changes of
use. The "Impact Fee Program for Existing Commercial Redevelopment" provided a solution to both
of these issues. Similar to other economic incentive programs, this Program provides economic relief
to a targeted problem.
Since the initial Program adoption, the Board has implemented changes to the Program based on the
input of various members of the building industry, including the (former) Economic Development
Council of Collier County, the Collier County Productivity Committee, the Development Services
Advisory Committee (DSAC) and leadership of the Collier Building Industry Association (May 2010)
and the expansion of the Program to include impact fee assessments for Water and Wastewater,
meeting specified criteria (November 2013).
The adopted program provisions are as follows:
Collier County Code of Laws and Ordinances - Chapter 74
74 -201. Imposition of Fees
(5) Impact Fee Program for Existing 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 officially sunset two years from the
date of adoption unless continued by a resolution of the Board of County Commissioners prior
to this date.
a. Development is proposed within a lawfully existing building which has had a
Certificate of Occupancy issued for at least 3 years. 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 any new square footage.
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6/24/2014 16.F.1.
C. Demolition and reconstruction projects are not eligible for this program.
d. For the purposes of water and wastewater impact fees, projects that require an existing
meter to be upsized are not eligible for this program.
Beginning in 2010, and annually thereafter, the Board has reviewed the Annual Report on the "Impact
Fee Program for Existing Commercial Redevelopment" which, in accordance with Board direction,
provides detailed information on the participation in the Program and the fiscal impact on each of the
affected impact fee trust funds.
On March 12, 2013 the Board accepted the fourth annual report on the "Impact Fee Program for
Existing Commercial Redevelopment" and approved a resolution extending the program to July 1,
2013. On June 25, 2013, the Program was further extended to July 1, 2014. Since the Board
approved the extension in 2013, interested and participation in the Program has remained steady, with
18 businesses qualifying to participate.
The 18 new applicants bring the total participants, over the history of the Program, to 116 businesses
assisted, and as noted above, interest in the Program continues. Accompanying this item is a
Resolution, for Board consideration, to extend the sunset of the Program to July 1, 2015. However, if
the Board does not desire to extend the Program will sunset on July 1, 2014.
The following chart provides a list of the types, and amounts by type, of changes of use that are
participating in this Program in Year 5. The land uses indicated correspond to the closest applicable
land use for establishing the impact fee rates to be applied. These categories do not dictate the land use
classifications for zoning purposes.
Change of Use
Number of Applicants in Program
Year 5
Dance Studio /Gymnastics to Church
I
General Industrial to Office
I
Retail to Medical Office
1
Retail to Restaurant
5
Office to Medical Office
3
Office to Restaurant
I
Restaurant — Seat Increase
I
Retail to Office
2
Retail to Office
3
Total
ig
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6/24/2014 161.1.
FISCAL IMPACT: The following is a breakdown, by impact fee type, of the total impact fees that
were not assessed for the qualifying changes of use. The decline in the Cumulative Total is related to
the land uses of the participating businesses (lower intensity) not the number of Program participants,
and Year 4 included 3 additional months due to the timing of the Program extensions.
Impact
Year I
Year 2
Year 3
Year 4
Year 5
Fee Type
Correctional
$26,174.52
$29,395.10
$32,042.88
$57,670.41
$8,396.10
Facilities
(Jail)
Emergency
$11,398.70
$13,787.52
$8,588.64
$15,413.15
$2,203.31
Medical
Services
Government
$59,786.64
$74,214.86
$49,852.52
$88,816.80
$12,996.08
Buildings
Law
$21,065.73
$26,744.34
$3,696.30
$7,790.96
$7,113.15
Enforcement
Road
$1,147,851.95
$958,874.17
$587,663.04
$1,079,422.72
$165,434.70
Water
$0.00
$0.00
$0.00
$0.00
$113,457.00
Sewer
$0.00
$0.00
$0.00
$0.00
$113,988.00
Cumulative
$1,266,277.54
$1,103,015.99
$681,843.38
$1,249,114.04
$423,588.34
Total
The benefits of the Program include encouraging new business within Collier County, retention and
expansion of existing businesses in Collier County and absorption of a portion of the supply of vacant
commercial lease space, in older buildings. If this program was not available, the alternate option for
such customers would have been to continue seeking out tenant spaces in which the impact fees had
been paid for a use similar to the type they were proposing or abandon plans to relocate /expand. In
either case, the County would not collect any additional impact fees.
GROWTH MANAGEMENT IMPACT: This Program is consistent with Policy 3.12 of the
Economic Element of the GMP which states: "Collier County, in coordination with other appropriate
entities, will support the establishment and retention of small businesses throughout the County. "
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6/24/2014 16.F.1.
Additionally, this Program does not in any way negate or waive existing zoning laws. Any relocation
of a new or existing business into an existing facility generates the need for a Zoning Certificate from
the Zoning Department and the subsequent issuing of a Business Tax Receipt from the Collier County
Tax Collector. Staff, through issuing the Zoning Certificate, verifies that the new business location is
properly zoned to allow for the business to legally operate at a new location. Additionally, prior to
issuing a Zoning Certificate, staff reviews the proposed business location to ensure that the site
provides the required number of parking spaces and meets the minimum landscape code requirements.
If the new business location is not located within a zoning district that permits the proposed use, the
Zoning Certificate is denied and the business owner is directed to consider other areas within the
County that are appropriately zoned for the proposed use. In the alternative, the applicant is advised of
the option to seek to rezone the property to a zoning district that would allow the proposed commercial
use. All rezoning applications first have to be found consistent with the applicable elements of the
Collier County Growth Management Plan (GMP) as well as found to be compatible with the adjacent
land uses. If deemed inconsistent with the Comprehensive Plan, the applicant would have to seek an
amendment to the GMP.
LEGAL CONSIDERATIONS: The proposed Resolution was reviewed by the County Attorney, is
approved as to form and legality, and requires majority support for approval. -JAK
RECOMMENDATION: That the Board of County Commissioners accepts the fifth annual report on
the "Impact Fee Program for Existing Commercial Redevelopment" and approves a resolution
extending the Program to July 1, 2015, based on the continuing interest in the Program.
Prepared by: Amy Patterson, Impact Fee Manager
Office of Management and Budget
Attachments:
1) Proposed Resolution
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6/24/2014 16. F.1.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.F.16.F.1.
Item Summary: Recommendation to accept the fifth annual report on the "Impact Fee
Program for Existing Commercial Redevelopment" and approve a resolution extending the
Program to July 1, 2015, based on the continuing interest in the Program.
Meeting Date: 6/24/2014
Prepared By
Name: PattersonAmy
Title: Manager - Impact Fees & EDC, Business Management & Budget Office
6/10/2014 12:37:17 PM
Approved By
Name: KlatzkowJeff
Title: County Attorney,
Date: 6/13/2014 4:31:22 PM
Name: UsherSusan
Title: Management/Budget Analyst, Senior, Office of Management & Budget
Date: 6/16/2014 4:48:22 PM
Name: OchsLeo
Title: County Manager, County Managers Office
Date: 6/17/2014 10:29:42 AM
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6/24/2014 16.F.1.
RESOLUTION NO. 2014-
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA PROVIDING FOR THE EXTENSION OF
THE SUNSET DATE OF THE `IMPACT FEE PROGRAM FOR
EXISTING COMMERCIAL REDEVELOPMENT," AS PROVIDED IN
CHAPTER 74, SECTION 74- 201(c)(5) OF THE COLLIER COUNTY
CODE OF LAWS AND ORDINANCES, FROM JULY 1, 2014 TO JULY 1,
2015, UNLESS OTHERWISE EXTENDED.
WHEREAS, On March 24, 2009, the Board adopted Ordinance No. 2009 -14, which
established the "Impact Fee Program for Existing Commercial Redevelopment;" and
WHEREAS, on March 24, 2011, the "Impact Fee Program for Existing Commercial
Redevelopment" was scheduled to sunset in accordance with Chapter 74, Section 74- 201(c)(5) of
the Collier County Code of Laws and Ordinances, unless otherwise extended by a Resolution of
the Board of County Commissioners; and
WHEREAS, on March 22, 2011, the Board of County Commissioners extended the
sunset date of the "Impact Fee Program for Existing Commercial Redevelopment" to March 24,
2012 by way of Resolution 2011 -54; and
WHEREAS, on March 13, 2012, the Board of County Commissioners extended the
sunset date of the "Impact Fee Program for Existing Commercial Redevelopment" to March 24,
2013 by way of Resolution 2012 -45; and
WHEREAS, this Program was identified a potential topic for discussion and/or
workshop in May of 2013; and
WHEREAS, on March 12, 2013, the Board of County Commissioners approved a
temporary extension of the Program, to July 1, 2013, due to the Program having been identified a
potential topic for discussion and/or workshop and the temporary extension of the Program
allowed businesses to utilize the Program, until the Board of County Commissioners provided
further direction; and
WHEREAS, on May 28, 2013 and June 4, 2013, the Board of County Commissioners
heard presentations and discussed impact fees and economic development. During the
workshop, many of the concerns raised by speakers related to impact fees for commercial
development; and
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6/24/2014 165.1.
WHEREAS, on June 25, 2013, the Board of County Commissioners extended the sunset
date of the "Impact Fee Program for Existing Commercial Redevelopment" to July 1, 2014, by
way of Resolution 2013 -149; and
WHEREAS, "Impact Fee Program for Existing Commercial Redevelopment" has
assisted 116 businesses over a five -year period; and
WHEREAS, an extension of the Program would allow businesses to continue to utilize
the Program, until the Board of County Commissioners provides further direction; and
WHEREAS, staff recommends that the sunset date of the "Impact Fee Program for
Existing Commercial Redevelopment" be extended to July 1, 2015; and
staff.
WHEREAS, the Board of County Commissioners accepts the recommendations from
NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
The Board of County Commissioners hereby declares, the sunset date of the "Impact Fee
Program for Existing Commercial Redevelopment' shall be extended to July 1, 2015, at which
time the Program shall sunset unless otherwise extended by a Resolution of the Board of County
Commissioners.
THIS RESOLUTION IS ADOPTED after motion; second and majority vote favoring
adoption this day of
ATTEST:
DWIGHT E. BROCK, Clerk
n
Jeffrey
County
2014.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
Deputy Clerk
as Worm and legality:
TOM HENNING, CHAIRMAN
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