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Agenda 07/13/2021 Item #10A (Immokalee Impact Fee Installment Payment Pilot Program)07/13/2021 EXECUTIVE SUMMARY Recommendation to extend the Immokalee Impact Fee Installment Payment Pilot Program, which provides for installment payments of impact fees for new construction located within the Immokalee Community Redevelopment Area, for one year and modify the payment terms and related program fees in order to determine if such changes improve program participation. OBJECTIVE: To extend the Immokalee Impact Fee Installment Payment Pilot Program (Program) for an additional year and modify program p ayment terms and fees. CONSIDERATIONS: On July 11, 2017, the Board adopted Ordinance No. 2017-34, which established the Program for the Immokalee Community Redevelopment Area (CRA) with an effective date of October 1, 2017. The ordinance provides that as an alternative to paying impact fees in full as a prerequisite to the issuance of a Certificate of Occupancy, a feepayer may pay their impact fees in installments rather than a lump sum by entering into an impact fee installment payment program agreeme nt with Collier County which provides that the installment payments shall be by special assessment levied as non -ad valorem assessments against the subject property. The intent of the Program is to determine whether allowing the payment of impact fees by an installment program, as a voluntary alternative to paying the fees in a single, up -front payment, will have a positive effect on both the costs of housing and economic growth. To prevent unintended consequences, the Board requested the program be reviewed annually. In year one, calendar year 2018, there were no program participants. In year two, calendar year 2019, one owner applied and was approved for program participation for the construction of a new mobile home. In calendar year 2020 there were no program participants, and there have not been any additional applications received to date. As provided by the Collier County Code of Laws and Ordinances (Code), prior to the third anniversary of the Program (Program), in October of 2020, a report will be prepared and presented detailing what effect, if any, this program has had on housing costs and economic development with a recommendation on whether to amend, expand, or discontinue this pilot program. This report was prepared and provided to the County Manager on September 21, 2020 with the following recommendation: While participation has been limited, staff recommends that the Program be allowed to continue for an additional year, due to the extraordinary circumstances created by COVID-19. This will allow staff the opportunity to better analyze the performance of the Program and make recommendations on any potential improvements to the accessibility and structure. By way of this Executive Summary the following changes are requested and will be i ncorporated into future Program Agreements, as applicable, if approved: 1. Extend the Program for an additional year to October 2022. 2. Extend the term of payments from 20 years to 30 years to allow for a longer payment period and lower annual assessment for the applicant. 3. Continue with the indexed interest rate based on the LIBOR Rate (or its replacement) plus two hundred (200) basis points (2.00%). The current LIBOR is 0.24%; therefore, the current Program interest rate would be 2.24%, which is lower than the current national average 30-year fixed rate 10.A Packet Pg. 146 07/13/2021 mortgage APR of 3.28%. The request is that Program interest be capped at 5% (maximum), consistent with the interest rate utilized for the Countywide Impact Fee Deferral Program. 4. Eliminate the $500/$1,000 application fees for new residential and commercial development. FISCAL IMPACT: Fiscal impacts, both positive and negative, are presently unknown; however, the pilot program will continue to be tracked for future reports to the Board. Under this Program, impact fees will be paid in full, over time. Participation in this Program is limited to properties within the Immokalee CRA and Program activity has not been notable to this point. However, in the event of a significant increase in Program a pplications, staff will provide the Board an update on associated staffing needs as well as impacts on the respective Impact Fee Trust Funds and capital projects. GROWTH MANAGEMENT IMPACT: Objective 2 of the Capital Improvement Element (CIE) of the Collier County Growth Management Plan (GMP) states: “Future development will bear a proportionate cost of facility improvements necessitated by growth” which is accomplished, in part by the payment of impact fees. The pilot program provides for the payment of impact fees in installments. Additionally, Policy 1.9 of the Economic Element of the GMP provides: “Collier County, in response to the current and projected needs of its residents, will encourage a diverse mix of housing types, sizes, prices, and rents” and Objective 3 of the Economic Element states: “Collier County will support programs which are designed to promote and encourage the recruitment of new industry as well as the expansion and retention of existing industries in order to diversify the County's economic base.” The continuing intent of the pilot program is to determine whether allowing the payment of impact fees by an installment program, as a voluntary alternative to paying the fees in a single, up -front payment, will have a positive effect on both the costs of housing and economic growth, and is consistent with the goals and objectives of the Economic Element of the GMP as listed above. LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney, raises no legal issues, and requires majority vote for approval. -JAK RECOMMENDATION: To extend the Immokalee Impact Fee Installment Payment Pilot Program, which provides for installment payments of impact fees for new construction located within the Immokalee Community Redevelopment Area, for one year and modify the payments terms and related program fees in order to determine if such changes improve program participation. Prepared by: Commissioner William L. McDaniel, Jr., District 5 10.A Packet Pg. 147 07/13/2021 COLLIER COUNTY Board of County Commissioners Item Number: 10.A Doc ID: 17484 Item Summary: Recommendation to extend the Immokalee Impact Fee Installment Payment Pilot Program, which provides for installment payments of impact fees for new construction located within the Immokalee Community Redevelopment Area, for one year and modify the payment terms and related program fees in order to determine if such changes improve program participation. (Commissioner McDaniel's Request) Meeting Date: 07/13/2021 Prepared by: Title: Sr. Operations Analyst – County Manager's Office Name: Geoffrey Willig 07/07/2021 11:19 AM Submitted by: Title: Division Director - IF, CPP & PM – County Manager's Office Name: Amy Patterson 07/07/2021 11:19 AM Approved By: Review: Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 07/07/2021 11:23 AM Budget and Management Office Ed Finn Additional Reviewer Completed 07/07/2021 2:09 PM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 07/07/2021 3:02 PM County Manager's Office Mark Isackson Level 4 County Manager Review Completed 07/07/2021 3:28 PM Board of County Commissioners Geoffrey Willig Meeting Pending 07/13/2021 9:00 AM 10.A Packet Pg. 148