Agenda 03/22/2011 Item #16A8
Agenda Changes
Board of County Commissioners Meeting
March 22, 2011
ITEM 16A8: THE FOLLOWING SHOULD BE ADDED
TO THE EXECUTIVE SUMMARY UNDER THE
RECOMMENDATION PORTION : ADDITIONALLY;
DIRECT COUNTY MANAGER OR HIS DESIGNEE TO
PROVIDE THE REQUIRED ANNUAL REPORT PRIOR
TO THE SCHEDULED SUNSET SO THAT THE BOARD OF
COUNTY COMMISSIONERS MAY CONSIDER FURTHER
EXTENDING THE PROGRAM (STAFF'S REQUEST)
Continue Item 16D3 to the April 12. 2011 BCC Meetinl!: Recommendation to approve and authorize the Chairman to
sign Agreements with the David Lawrence Center, National Alliance on Mental Illness of Collier County, Inc., and the
Collier COllIity Sheriff's Office to operate the Criminal Justice, Mental Health and Substance Abuse Reinvestment Grant
and associ:! ted budget amendments. Funding has been provided through Memorandum of Understanding #LHZ25 from
the Florid., ,)epartment of Children and Families. (Staff's request)
Note:
Item l6F:: Requires that ex parte disclosure be provided by Commission members. Should a hearing be
held on thj.; item, all participants are required to be sworn in. (Staff's request)
Time Certain Items:
Item lOA to be heard at 9:00 a.m.; followed by Item lOB
Item SA to be heard at 10:00 a.m.
Item 9B Il! be heard at 11:00 a.m.
Item 9C to be heard at 11:30 a.m.
3/22/2011 Item 16.A.8.
EXECUTIVE SUMMARY
Recommendation to accept the second annual report on the "Impact Fee Program for Existing
Commercial Redevelopment" and approve a resolution extending the program for one year, to
sunset March 24, 2012, unless otherwise extended
OBJECTIVE: That the Board of County Commissioners (Board) accepts the second annual
report on the "Impact Fee Program for Existing Commercial Redevelopment" and approves a
resolution extending the program for one year, to sunset on March 24, 2012, unless otherwise
extended,
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: I) 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,
~
On March 23, 2010, the Board reviewed the I" Annual Report on the "Impact Fee Program for
Existing Commercial Redevelopment," (Hem lOB) which, in accordance with Board direction,
provided detailed infonnation on the participation in the Program and the fiscal impact on each
of the affected impact fee tmst funds, During the Program's first year, 40 applicants participated
with 20 of the applicants being new busincsscs, The majority of the applicants were refen'ed to
the Impact Fee Administration Oftice through the Zoning Certificate process,
During the discussion (Item lOB) the Board directed that additional information be provided, as
a future agenda item, related to potential improvements to the Program based on the input of
various members of the industry, including the Economic Development Council of Collier
County, the Collier County Productivity Committee, tl1e Development Scrvices Advisory
Committee (DSAC) and leadership of the Collier Building Industry Association (CBIA),
On April 27, 2010, staff presented the input provided by the groups above, for consideration by
the Board (Item lOA), The Board dirccted that the following changes, which are supported by
the DSAC, Productivity Committee and staff, be implemented:
. Eliminate impact fee review for changes of use in order to obtain a Zoning Certificate
and/or Business Tax Receipt.
Status: Staff is no longer conducting an impact fee review for changes of use in order to
obtain a Zoning Certificate andlor Business Tax Receipt.
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3/22/2011 Item 16.A.8.
. Expand the Program to include buildings that have had a CO for at least 3 years, and
allow buildings to "age-in" to the Program.
Status: Change implemented via Ordinance 2010-22 (May 25, 2010),
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 !ill' 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, exccpt 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,
c, Dcmolition and reconstruction projects are not eligible for this program,
***
The following chart provides a list of the types, and amounts by type, of changes of use that are
pmticipating in this Program in Year 2, The total number of businesses equals 2], with 13 of the
applicants being new businesses, 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 purposcs,
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3/22/2011 Item 16.A.8.
Change of Use Number of Applicants in Program
Year 2
General Light Industrial to Gymnastics 4
General Light Industrial to General Office 4
General Light Industrial to Retail 2
General Office to Medical 4
General Office to Restaurant 2
Intensification of Use - Restaurant I
Intensification of Use - School I
Retail to Bank 1
Retail to Restaurant 1
Service Station to Convenience Store I
Total 21
As discussed above, based on Board direction, staff no longer performs an impact fee review for
changes of use in order to obtain a Zoning Celtificate andlor Business Tax Receipt. This
decision was made, in part, because the staff time and burden on the customer far exceeded any
potential revenue generated from such reviews,
Upon implementation of this change, it was expected that it may appear that there was an overall
decline in Program activity, Participation in the Program is now identified related to Building
Pennit applications or other similar land use applications (Site Development Plan Amendments,
etc,), In the first year, impact fees that were not assessed by way of the program and were
related to Building Permits totaled $349,614,08, related to three (3) Building Pennits, The
remaining 37 participants were identified through the Zoning Certificate andlor Business Tax
Receipt process, In Year 2. 16 of the 2 1 pmticipants were related to Building Pemlit applications
or other similar land use applications, This represents a significant increase in activity, Further,
prior to the suspension of the Zoning Certificate andlor Business Tax Receipt review, 5
applicants had already been identi1ied as qualificd participants for Year 2, within an approximate
one-month timeframe, and are included as pmi of the report, Therefore, it can be assumed that a
substantial number of businesses were assisted by these actions taken by the Board, and that the
benefits of the program in Year 2 are at least as great as those provided in Year I,
Staff continues to receive a steady number of inquiries related to the progrmn, Additionally,
infomlation on the program is regularly provided to members of the real estate and development
communities, Therefore, knowledge of the availability of the program continues to increase,
The Program was initially established for a two-year period, with a rcport to the Board after one
year and again prior to the sunset The first report occurred on March 23, 2010, This item
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3/22/2011 Item 16.A.8.
represents the second report. Based on the success of the program over the last two years, with
over 60 businesses assisted. and the continuing interest in the program, combined with the need
to facilitate economic recovery in the community, staff recommends that the program be
extended. Accompanying this item is a Resolution, for Board consideration, to extend the sunset
of the Program for one year. to March 24, 20] 2, with the continuing option to extend, by
resolution, prior to sunset. If the extension is approved, staff will continue to track the use of the
program and will report again to the Board in March of 20] 2,
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,
Impact Fee Type Year 1 Year 2
Correctional Facilities (Jail) $26,174.52 $29.395, 10
Emergency Medical Services $11,398,70 $13,787,52
Government Buildings $59.786,64 $74.214,86
Law Enforcement $21.065,73 $26.744,34
Road $1.147.851.95 $958.874,17
Cumulative Total $] ,266,2 77. 54 $1.103.015,99
Similar to research conducted in Year 1. staff spoke directly with many of the customers that
qualified for the Program, Many of customers indicated that if the Program was not in place, and
they were required to pay additional impact fees in order to open or relocate their business to a
particular building, they would have elected not to move forward with the proposed use, In
addition. several applicants elected to move forward with projects specifically because of the
availability of this program,
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; therefore the payment of additional impact fees would not be required,
In either case, the Coullty would not collect any additional impact fees and in many cases
businesscs would be unable to open or relocate/cxpand, Thcrefore, the benefits of the Program.
which include encouraging ncw business within Collier County, retention and expansion of
existing businesses in Collicr County and absorption of a portion of the supply of vacant
commercial lease space, in oldcr buildings, minimize the implied fiscal impact on the rcspcctive
impact fee tnlst funds,
GROWTH MANAGEMENT IMPACT: Impact Fees generate funds to be expendcd for
capital improvements to public facilities necessitated by growth which is consistcnt with Policy 2
of the Capital Improvement Element (CIE) of thc Collier County GrO\\1h Management Plan
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3/22/2011 Item 16.A.8.
(GMP), which states: "Future development will bear a proportionate cost of facility
improvements necessitated by growth"
While many of the new and existing business noted that the program was a key factor in their
decision to proceed, it should also be noted that their corresponding increase in impacts to public
facilities, especially roads, were not addressed, Long ternl, this could negatively impact the
County's ability to address any potential transpOltation infrastructure improvements necessitated
by the changes in use,
Although the Program limits the additional impact fees tllat will be assessed for changes of use,
despite the intensification of use and dcmand on public facilities, this type of program for
redevelopment 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 ofsmal! businesses throughout the County. "
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 Celtificate, 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 adjaccnt land uses, If deem cd inconsistcnt with the Comprehensive Plan,
the applicant would have to seek an amcndment to the GMP,
LEGAL CONSIDERATIONS:
atTirmative vote, -JAK
This itcm raises no legal Issues, and reqUlres majority
RECOMMENDA TION: That the Board of County Commissioners accepts the second annual
report on the "Impact Fee Program for Existing Commercial Redevelopment" and approves a
resolution extending the program for onc year, to sunset on March 24. 2012, unless otherwise
extended,
Prepared by: Amy Patterson. Impact Fee and Economic Development Manager
Grov,th Managcment Division - Planning and Regulation
Attachments:
1) Proposed Resolution
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3/22/2011 Item 16.A.8.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16A8,
Item Summary: Recommendation to accept the second annual report on the "Impact Fee
Program for Existing Commercial Redevelopment" and approve a resolution extending the
program for one year, to sunset March 24, 2012, unless otherwise extended.
Meeting Date: 3/22/2011
Prepared By
Name: PattersonAmy
Title: Manager - Impact Fees & EDC,Business Management &
2/24/2011 11: 19:44 AM
Approved By
Name: Puigludy
Title: Operations Analyst, CDES
Date: 2/25/20] 1 2:47:06 PM
Name: TaylorLisa
Title: Management/Budget Analyst,Transportation Administr
Date: 3/1120 II 10:51:35 AM
Name: FederNorm
Title: Administrator - Growth Management Div,Transportati
Date: 311/2011 11:24:21 AM
Name: MarcellaJeanne
Title: Executive Secretary, Transportation Planning
Date: 3/1/2011 12:42:48 PM
Name: KlatzkowJeff
Title: County Attorney.
Date: 3/11/2011 3:26:41 PM
Name: UsherSusan
Title: Management/Budget Analyst, Senior, Office of Manage
Date: 3/14/20114:53:12 PM
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3/22/2011 Item 16.A.8.
Name: KlatzkowJeff
Title: County Attorney,
Date: 3/15/2011 12:09:52 PM
Name: OchsLeo
Title: County Manager
Date: 3/15120113:18:45 PM
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~/0A8
RESOLUTION NO.2011-
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 MARCH 24, 2011 TO
MARCH 24, 2012, UNLESS OTHERWISE EXTENDED.
WHEREAS. On March 24. 2009. the Board adopted Ordinance No. 2009-
14, which established the "Impact Fce Program for Existing Commercial
Redevc]opment:" and
WHEREAS. on March 24, 2011 the "Impact Fcc Program for I:xisting
Commercial Redevelopment" is scheduled to sunset in accordance with Chapter
74. Section 74-201(c)(5) of the Collier County Code of Laws and Ordinances,
unless othcrv.'ise extended by a Resolution of the Board of County
Comm issioners: and
WHEREAS, "Impact Fcc Program for Existing Commercial
Redevelopment" has assisted over 60 businesses over a tv.'o-year period: and
WHEREAS. staff recommends that the sunset date of the "Impact Fee
Program for Existing Commercial Redevelopment" be extended to March 24,
2012, based on the overall benefit provided to the community by the Program;
and
WHEREAS, the Board of County Commissioners accepts the
recommendations from stan:
NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF
COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA. that:
The Board or County Commissioners hereoy declares, the sunset dak of
the .'Impact Fee Program for Existing Commercial Redevelopment"" shall be
extended to March 24, 2012, at which time the Program shall sunset unless
otherwise extended by a Resolution of the Bourd of Count)' Commissioners.
This Resolution is adopted after motion; second and majority vote
favoring adoption this
day of
2011.
Underlined texll~ added, 8fAl.el.-~ lext l~ delel~d
ATTEST
Dwight E. Brock, Cli:rk
By:
Deputy Clerk
Approved as to form
and kgal sufficiency:
Jeffrey Klatzkow,
County Attorney
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY. FLORIDA
By:
FRED W. COYLE. Chairman
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