Agenda 05/10/2011 Item #10D
5/10/2011 Item 10.0.
EXECUTIVE SUMMARY
Request for authorization to advertise and bring back for future consideration an amendment to
Ordinance No. 2001-13, as amended, the Collier County Consolidated Impact Fee Ordinance,
which would modify provisions related to the annual payments required to obtain and maintain a
Certificate of Public Facility Adequacy.
OBJECTIVE: To obtain the Board of County Commissioners' (Board's) authorization to
advertise and bring back for future consideration an amendment to Ordinance No. 2001-13, the
Collier County Consolidated Impact Fee Ordinance, in order to modify provisions related to the
annual payments required to obtain and maintain a Certificate of Public Facility Adequacy
(COA) as provided in Section 74-302(h) of the Collier County Code of Laws and Ordinances.
CONSIDERATIONS: On June 8, 2009, new provisions became effective related to the
payment requirements to obtain and maintain a COA for transportation concurrency. Prior to the
changes, developments were required to pay 50% of the estimated Transportation Impact Fees
for the specified development prior to the issuance of a Site Development Plan (SDP), Final Plat
or other similar final local development order. A three-ycar COA was then issued for the
development. At the end of the three-year term, the second estimated 50% payment was
required to be paid and the COA was then issued in perpetuity, securing the concurrency vesting
for the project.
The new provisions, currently in effect, allow for the upfront payments of road impact fees,
required to obtain or extend a COA, to be paid over a five-year period. The provisions also
require security to be deposited with the County. in the amount equal to the annual payment
(20%), to be held over the course of the payment period. Upon payment of 100% of the
estimated Transportation Impact Fees. the COA will be issued in perpetuity and the dedicated
security will be released.
On March 9, 2011, correspondence was sent to County Manager Ochs from Richard
Yovanovich, Esq.. related to the upfront payment of Transportation Impact Fees. The members
of the Board were also copied on this communication.
As stated in the correspondence, developers are still experiencing economic difficulties. The
proposal provides that the payment schedule for obtaining a COA be modified to require that
33% of the estimated Transportation Impact Fees be paid at SOP, Final Plat or other similar final
local development order. A COA would then be issued in perpetuity for the approved
development (units or square footage) and therefore vesting transportation concurrency for the
project. The balance of Transportation Impact Fees would continue to be paid at building permit
issuance. This proposal is designed to continue to provide adequate upfront funding for road
projects, which allows the County to construct required infrastructure in advance of the
completion of projects that create the demand, but also allows developers to retain sufficient
funding to move forward with projects.
~
On April 12,20 II, the Board, under "StaIr and Commission General Communications," directed
the County Manager to bring back, on a future regular agenda, information/options related to the
proposal.
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5/10/2011 Item 10.0.
Staff has reviewed the information contained in the correspondence. As stated in the letter, the
changes made to the COA provisions in 2009 were designed to help developers/land owners
obtain or maintain their COA certificates in order for development to commence or continue.
The changes implemented represented a consensus opinion. at the time that shifting the payment
schedule from 50% down and 50% within three years to five equal 20% payments would be a
significant benefit to the fiscal planning for developments. The requircment for security was
implemented as collateral for the payment plan.
While there has been some stabilization in the economy since 2009, many in the development
community are still experiencing some degree of economic difficulty, espeeially due to the tight
credit market. Staff has developed the following points that support the proposal.
I. The new payment requirement lowers the amount of up front payment required to obtain
SDP, Plat, etc., from 20% payment plus 20% Letter of Credit (40% total) to 33%.
2. The requirement related to providing a Letter of Credit is eliminated. These current
requirements are very difficult to comply with and create significant issues for the
applicant. This security is not available for use unless the annual payment requirements
are not met and the COA is revoked.
3. Reoccurring payments are eliminated.
4. This proposal will eliminate issues related to potential overpayments related to rate
reductions.
5. Eliminates uncertainty related to transportation vesting status for projects being sold, etc.
6. The proposed payment requirement continues to provide upfront funding for
infrastructure improvements while also allowing developers to retain sufficient funding to
move projects forward.
7. Impact fees are required to be paid as a prerequisite to the issuance of a building pemlit.
Therefore, development cannot occur without the full payment of Road Impact Fees.
Based on the above, staff supports the changes proposed, as they provide a solution that allows
the County to continue to collect a portion of the Transportation Impact Fees upfront in order to
construct required infrastructure in advance of the completion of projects that create the demand,
but also allows developers to retain sufficient funding to move forward with projects. Further, it
establishes a simple process by which a development can obtain vesting for transportation
concurrency which can be accurately tracked by the County.
The proposed amending ordinance incorporates these modifications. Upon adoption of the
amended Code provisions. the County Manager. or his designee and the County Attorney will
also seek direction Ji-om the Board to include the required changes to Section 10.02.07 of the
LDC in the next available LDC cycle.
Chapter 74 of the Code includes provisions related (0 conflicts with LDC provisions as follows:
74-302. - Special requirements jor road impact fee
***
(h) Payment of road impactfees /0 obtain a cerfijicate of'odequate public facilities.
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5/10/2011 Item 10.0.
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(7) This provlslOn is to be read in conjunction with Section 10.02.07 of the
Collier County Land Development Code. To the extent this provision
conflicts with this or with any other Collier County ordinance. rule or
regulation. the provisions ofthis section shall control.
Staff will also solicit input from the Development Services Advisory Committee (DSAC),
regarding this proposal at its regular meeting scheduled for May 4, 20 I ]. Due to the timing
requirements for submittal of this Executive Summary, staff will present any recommendations
and/or concurrence of the DSAC during this agenda item on May 10,2011.
FISCAL IMPACT: The fiscal impact of the proposal over the first two years of development is
minor. The County will collect 33% of estimated fees vs. 40% as currently required. The
County will initially receive 13% more usable funds under the new proposal, however, the
annual payments will not be made. therefore, the remaining balance will be paid as building
pemlits are issued which extends the time period in which the County will ultimately receive
100% of the Transp0l1ation Impact Fees, subject to the speed at which the project develops.
The proposal is based on the concept that this payment structure provides upfront funding for
growth-necessitated transportation infrastructure improvements but also allows developers to
retain funding to move forward with proposed projects. Further, developments that have paid
significant amounts of upfront Transportation Impact Fees may be encouraged to start their
projects as they will be able to direct funds to construction that were otherwise used to pay
ongoing annual payments.
GROWTH MANAGEMENT IMPACT: Impact fees generate funds to be expended for
capital improvements to public facilities necessitated by growth which is consistcnt with Policy 2
of the Capital Improvement Element (CIE) of the Collier County Growth Management Plan
(GMP), which states: "Future development will bear a proportionate cost of facili(v
improvements necessitated by growth."
LEGAL CONSIDERA nONS: This item is legally sufficient for Board action and requires a
majority vote. -JAK
RECOMMENDA nON: That the Board of County Commissioners authorizes staff to
advertise and bring back for future consideration an amendment to Ordinance No. 2001-13, the
Collier County Consolidated Impact Fee Ordinance, in order to modify provisions related to the
annual payments required to obtain and maintain a Certi"licate of Public Facility Adequacy
(COA) as provided in Section 74-302(h) of the Collier County Code of Laws and Ordinances.
Prepared by: Amy Patterson, Impact Fee and Economic Development Managcr. Growth
Management Division - Planning and Regulation
Attachments: I) Letter from Mr. Richard Y ovanovich, Esq.
2) Proposed Ordinance Amendment
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5/10/2011 Item 10.0.
COLLIER COUNTY
Board of County Commissioners
Item Number: 10.0.
Item Summary: Request for authorization to advertise and bring back for future
consideration an amendment to Ordinance No. 2001-13, as amended, the Collier County
Consolidated Impact Fee Ordinance, which would modify provisions related to the annual
payments required to obtain and maintain a Certificate of Public Facility Adequacy. (Amy
Patterson, Impact Fee and Economic Development Manager, Growth Management Division)
Meeting Date: 5/10/2011
Prepared By
Name: Patterson Amy
Title: Manager - Impact Fees & EDCBusiness Management &
5/2/20114:29:11 PM
Approved By
Name: PuigJudy
Title: Operations Analyst. CDES
Date: 5/3/2011 10:28:36 AM
Name: MarcellaJeanne
Title: Executive Secretary ,Transportation Planning
Date: 5/3/2011 10:41 :20 AM
Name: KlatzkowJeff
Title: County Attorney,
Date: 5/3/20112:54:10 PM
Name: UsherSusan
Title: ManagementlBudget Analyst, Senior,Onice of Manage
Date: 5.13/20115:14:21 PM
Name: OchsLeo
Title: County Manager
Date: 5/4/20 I] 10:02:36 AM
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5/10/2011 Item 10.0.
COLEMAN, YOVANOVICH & KOESTER, P.h,
ATTOR1IolEYS AT LAW
.cevin G. Coleman
Richard D. Y ovanovich
Edmond E. Koester
William M. Burke
Gregory L. Urbancic
Matthew L. Grabinski
NORTHERN TRUST BANK BUILDING
4001 Tamiami Trail North
Suite 300
Naples, FL 34103
239-435-3535
239-435-1218 Facsimile
Linda C. Brinkman
Craig D. Grider
Matthew M. Jackson
Alex R. Figares
Jeffrey J. Beihoff
Harold 1. Webre
Writer's Email:
ryovanovich@cyklawfirm.com
Of Counsel:
Kenneth R. Johnson
March 9, 2011
Leo Ochs
County Manager's Offiee
3299 Tamiami Trail East, Suite 202
Naples, Florida 34112
Via e-mail: leoochs@colliergov.net
RE: Transportation Impact Fees
Dear Mr. Oehs,
A couple of years ago, the Board of County Commissioners modified its process for the
collection of transportation impact fees in response to the economic down turn. The process in
effect at that time required the prepayment of fifty percent of the Transportation Impact Fees at
the time a final plat or site development plan (SDP) is approved and the second fifty percent is
paid at the earlier of building permit issuance or three years. Under this process, a certificate of
public facility adequacy (COA) was issued at the time the fifty percent was paid assuring the
developer transportation concurrency. The purpose of this payment process was to assure
adequate funding for roads ahead of the need for the road. If a payment is not made, the
developer looses its certificate of public facility adequacy.
The new (current) plan was adopted because many developers were not able to pay the second
fifty percent at the three year anniversary. The current plan requires that Transportation Impact
Fees be paid over a five year period in order for a final plat or SDP to be approved. At the time
the final plat or SDP is approved, the developer must pay twenty percent of the transportation
impact fees and post a letter of credit for another twenty percent. A COA is issued at this time.
The developer effectively prepays forty percent of the transportation impact fees during the first
year. Each year thereafter another twenty percent is due until one hundred percent is paid. If a
building permit is issued, the difference between what has already been paid and the amount due
is paid at that time. If an annual payment is not made, the County calls the letter of credit and
the developer looses its COA for the entire project. The developer gets 110 concurrency for the
funds retained by the County or obtained by calling the letter of credit.
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5/10/2011 Item 10.0.
The Transportation Impact Fee payment schedule when this impact fee was original adopted and
the current payment schedule for all other impact fees required payment of Transportation
Impact Fees at the time a building peffi1it is issued. The construction of TOads fell behind and the
payment process was changed.
Developers are still experiencing economic hard times. I have discussed with several of my
clients an alternative approach that we would like the County to evaluate. We propose that at the
time a final plat or SDP is approved, the developer pays one third of the then current
Transportation Impact Fees for the units approved in the final plat or SDP. A COA would be
issued to the developer assuring concurrency for the units approved in the final plat or SDP. The
balance would be paid at building peffi1it issuance.
We believe this proposal provides the County with sufficient upfront funding of roads to allow
the County to stay out in front of the demand created by these projects. It also, allows
developers to have sufficient funding to move forward with their projects.
Thank you for your consideration of this proposal. If you have any questions regarding this
matter, please contact me.
Sincerely,
~~.~
~
Richard Y ovanovich
CC: Commissioner Fred Coyle, Chaiffi1an (via email)
Commissioner Jim Coletta, Vice Chaiffi1an (via email)
Commissioner Donna Fiala, District I (via email)
Commissioner Georgia Hiller, District 2 (via email)
Commissioner Tom Henning, District 3 (via email)
RDYldq
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5/10/2011 Item 10.0.
ORDINANCE NO. 2011 -
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA, AMENDING CHAPTER 74 OF
THE COLLIER COUNTY CODE OF LAWS AND ORDINANCES
(THE COLLIER COUNTY CONSOLIDATED IMP ACT FEE
ORDINANCE) BY AMENDING PROVISIONS RELATING TO
OBTAINING A CERTIFICATE OF ADEQUATE PUBLIC
FACILITIES WITH RESPECT TO ROAD IMPACT FEES;
PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING
FOR INCLUSION IN THE COLLIER COUNTY CODE OF LAWS
AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Collier County has used impact fees as a funding source for growth-related
capital improvements for transportation since 1985; and
WHEREAS, on March 13, 2001, the Board of County Commissioners (Board) 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, through its adoption of Ordinance No. 2009-09, the Board amended
Ordinance No. 2001-13, as amended. specifically provisions relating to the upfront payment of
road impact fees to obtain or extend a Certificate of Adequate Public Facilities so as to allow
payments over a five-year period: and
WHEREAS, the Board recognizes that developers are still experiencing economIc
difficulties and on April 12, 2011, directed staff to review proposals and recommendations to
modify the payment schedule so as provide adequate upfront funding for road projects while
allowing developers to retain sufficient funding to move forward with projects.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
SECTION ONE. Article III. Special Requirements for Specific Types of'Impact Fees, Section
74-302, Special requirements for road impact fees, of the Collicr County Code of Laws and
Ordinances is hereby amended to read as follows:
l indgrlincd text is added; gt-fOC.4;.~ text is deleted
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(h) Payment of road impact fees to obtain a certificate of adequate public facilities.
(I) A five year temporary certificate of public facility adequacy (COA) shall be
issued concurrent with the approval of the next to occur final local development
order. At the time a temporal') certificate of public facility adequacy is issued,
twenty thirtv-three percent (;W 33%) of the estimated payment based OR tAe
impact fee rate in effect at the time of the pre approval letter will be due and
deposited into the applicable impact fee trust fund. The funds will then be
immediately available for appropriation by the Board of County Commissioners
for transportation capital improvements and are non-refundable. Final
calculation of impact fees due will be based on the intensity of development
actually permitted for construction and the impact fee schedule in effect at the
time of the building pennit(s) application submittal, such that additional impact
fees may be due prior to issuance of the building permit(s). TAe balaRce of
traRSportatioR impact fees shall be )'laid in four additiol'lal aRnual installments of
20%, beginnin; one year after the initial 20% payment.
(~) ,'.t t1:e time a temporar,' CO,\ is issued, and the first t',\'ent:,' percent COO,) of the
e"timated pa:,'ment is paid, tAe applicant will deJ30sit with the CouFlly sHfficient
securit" :he form of 'shicR has been approved by the Board of COHllty
Commissioners. for a :erm of four vears. in an amount equal to the ~OO/o
payment.
8-) l"pon payment of 1000( of the estimated impact fees, the certificate '...-ill be
issued in J3el'J"etuity aRd the dedicated secHrity 'o',ill be released. tJo further
advance payments will be dHe once actHal road impact fees are paid equal to the
initial estimated impac: fees,
f4J Failure to submit payment in accordance v,ith tRe pro','isions of this subsection
shall result in the follo',\'ing:
&c Upon failure to cure following 10 days written demand, the
County will eKercise its paymen: rights to the dedicated securit:,';
aRB
~ The malter will be referred to the Board of County
Commissioners for review, .'.bsent the Board tinding e:;cep:ional
circumstances, the temporar, cer:ificate of J3ublic facility
adequacy shall be revoked,
A For those de','elopments that have secured a three year CO,'.. in order to e:;tend
the ','estin; J3eriod for an additional fi','e years, the balance of the estimated
transportation impact fees. based on the impact fee rate in effect at the time of
the pre apJ3roval letter, mHst be paid in ti'.'e additional annHal installments of
"0% ',>,'ith the first pn:,ITlent being made prior to the e';piration date of the three
:,'car certificate, For those de','elopmcnts that have secured a three year
certificate that has e:'pired. in order to e:;tel1d the .. estin; period for an
additional fi\ e ,'ears. the balance of estimated transportation impact fees based
on the impact fee rate in efket at thc time ofthc pre approval letter must he paid
in five additional annual installments of ~Oo~. ',',ith the first payment being ~nade
'.','ithin CO) thirt:,' days of the effective date of this Ordinance, .'.t the time the
!In.QJ:...rljrl~g text is added; &mek-l~ 11.::\1 is deleted
P;we:: of-l
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5/10/2011 Item 10.0.
first tweHty perceHt (20%) of tlle estimated paymeHl is paid, tHe applicant will
defl8sit witll tlle COUHty sBfficient secmit:,', the form of whieh l1as been
apflfOved by the Board of COBHty CommissioHers, fer a tenn of five years, in an
amoBRt eElBal to the 200"- flaymeRt. L'pOH paymeRt of 100% oftlle balance of the
estimated impact kes, tHe certificate will be issBed in pel'J'lctBity aHd the
dedicated security will be released. No further ad'iance paymeHts will be due
OHce aetwl road impact fees are paid equal to the balanee of the estimated
transportatioH imflact fees. Failme :0 submit payment in accordance with the
pmvisioHs of tHis sBbsectioA shall result iH the f-ollowiAg: 0) Upon failBre to
eure following 10 days '<'TineH demafld, the COUHty will eJwrcise its payment
rights to the dedieated seeBrity; aHd (ii) The matter will be ref-erred to tHe Board
of COBHtj' CommissioAers for review. !.bsent the Board fiHdiHg exceptional
CirCBl'flstances, tlle temporary eertificate of public facility adequaey SHall be
re'ioked.
(6-;D Offsets for road impact fees assessed to building permits for impact fees paid in
accordance with this subsection, as '?,'ell as any remaining balaHee of paymeHts
related to tHe origiHal three year certificate, will be applied equally to the He'.... or
remaining units or square footage and will run with the subject land.
(-11) This provision is to be read in conjunction with Section 10.02.07 of the Collier
County Land Development Code. To the extent this provision conflicts with this
or with any other Collier County ordinance, rule or regulation, the provisions of
this section shall control.
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 be effective upon filing with the Department of State.
Underlined text is added; Struel" t,]m Hgf! text IS deleted
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PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida, this _day of
.2011.
ATTEST:
DWIGHT E. BROCK, CLERK
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
. Deputy Clerk
By:
FRED W. COYLE. CHAIRMAN
Approved as to foml
and legal sufficiency:
Jeftrey A. Klatzkow
County A ttomey
pl)dcrlin~g It:xl is <ldded: ~-ttlfBHg-l'l lex\ is deleted
PaQ(' 4 (If 4
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