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Agenda 03/29/2010 W (CRA) BOARD OF COUNTY COMMISIONERS & THE MARCO ISLAND CRA JOINT WORKSHOP MEETING AGENDA MARCH 29, 2010 ;i!i!!ki!;;~~l!k!kqinlllih<H0:rb~!";i'bL;;~~~~'!:~ It'$'>",,' Joint BCC and City of Marco Island CRA Workshop 9:00 a.m., March 29,2010 Collier County Board of County Commissioners Boardroom W. Harmon Turner Building 3301 East Tamiami Trail Naples FL 34112 1. Pledge of Allegiance 2. Presentation by the City of Marco Island - Town Center area on Marco Island 3. Presentation by the Board of County Commissioners 4. Question and Answer Period 5. Adjourn ',.. ~. ~ ii ~. . ~ ~ .- ....., ~ .- ....., rI:J .- = ~ ~ = ~ = ~ rI:J ~ U ....., ~ ~ ~ rI:J ~ r- c.. >- .' .., "'C e ....., = = ~ ~ = "',,," ~ ~ Q 0 . rI:J U ~ Q U ~ ~ ~ ~ "'C ~ ~ = ~ ~ = ~ ~ ~ ~ Q = >- Q ....., .- U ~ ~ ~ . . C/l r ~ -,....; >. '"" 0 0 ,- "0 ...... ...... ..... ,..., h ,~ 0.. .V ..... ..... h -- . 0 ..... ;:J ..... ..\.; 'fj 0 --' , 0 .- bi; ..... ........ C/l ,-, -- 0 ........ 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Morgan From: Sent: To: Subject: Attachments: brock_m [MaryBrock@colliergov,net] Wednesday, March 24, 2010 12:16 PM Patricia L Morgan; Allen, Debbie; Ian Mitchell FW Additional Material for 29th Workshop Marco Island Tax Presentation_FY10,pptx; Share of Costs for Services for Marco Island FY10xlsx Hello, I'm sorry but there is additionai back up to be Included in the workshop packets you rec'd this morning, Please include the attachments behind Collier County's portion of the agenda (tab 3.the section that begins Collier County Board of County Commissioners/with Collier's logo at the top of the page) Please confirm receipt of this e-mail. Thank you!!! 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V'> Share of Costs for Services Provided to Marco Island - FY 2010 Board of County Commissioners Total Marco Marco Program Amount Percentage Amount Board of County Commissioners $ 1,002,800 13.23% $ 132,670 Other General Administration $ 7,599,200 13.23% $ 1,005,374 County Attorney $ 2,967,300 13,23% $ 392,574 Airport Authority less MI Executive Airport $ 1,642,200 13.23% $ 217,263 Marco Island Executive Airport $ 1,515,500 100.00% $ 1,515,500 Total Board of County Commissioners $ 14,727,000 22.16% $ 3,263,381 Constitutional Officers Total Marco Marco Program Amount Percentage Amount Property Appraiser. Paid by BCC $ 97,300 13.23% $ 12,873 Transfer From General Fund - PA less Direct Payment $ 5,080,206 13.23% $ 672,111 Direct Payment for Ad Valorem - Property Appraiser $ 128,294 100.00% $ 128,294 Supervisor of Elections - Paid by Bee $ 39,100 13.23% $ 5,173 Transfer From General Fund - SOE $ 3,244,700 13.23% $ 429,274 Clerk of Courts. Paid by BCC $ 462,200 13.23% $ 61,149 Transfer From General Fund - C of C $ 273,500 13.23% $ 36,184 Sheriff - Law Enforcement - Paid by Bee $ 4,080,700 13.23% $ 539,877 Transfer From General Fund - Sheriff $ 143,215,700 13.23% $ 18,947,437 Tax Collector. Paid by BCC $ 241,300 13.23% $ 31,924 Transfer From General Fund - TC Less Direct Payment $ 12,902,357 13.23% $ 1,706,982 Direct Payment for Ad Valorem - Tax Collector $ 435,443 100,00% $ 435,443 Total Board of Constitutional Officers $ 170,200,800 13.S2% $ 23,006,721 Court Related A2encies Total Marco Marco Program Amount Percentage Amount Circuit Court Judges $ 42,500 13.23% $ 5,623 County Court Judges $ 22,900 13.23% $ 3,030 Public Defender $ 159,700 13.23% $ 21,128 State Attorney $ 319,100 13.23% $ 42,217 Guardian Ad Litem Program $ 13.23% $ Court Operations $ 951,300 13,23% $ 125,857 Court Related Costs $ 5,000 13.23% $ 662 Parole & Probation $ 1,617,100 13.23% $ 213,942 Total Court Related Agencies $ 3,117,600 13.23% $ 412,459 Share of Costs for Services Provided to Marco Island - FY 2010 Office of the Countv ManaEer Total Marco Marco Program Amount Percentage Amount County Manager $ 960,900 13.23% $ 127,127 County Manager - Board Related Costs $ 284,100 13.23% $ 37,586 Office of Management & Budget $ 963,900 13.23% $ 127,524 Emergency Management Operating $ 1,233,700 13.23% $ 163,219 Emergency Disaster Fund $ 500,000 13.23% $ 66,150 Medical Examiner $ 1,119,100 13.23% $ 148,057 Helicopter Operations $ 1,437,600 13.23% $ 190,194 EMS (General Fund Subsidy) $ 10,716,600 13.23% $ 1,417,806 Isle of Capri Fire & Rescue $ 1,844,100 59.02% $ 1,088,387 Total Office of the County Manager $ 19,060,000 17 .66% $ 3,366,050 Administrative Services ~ivision Total Marco Marco Program Amount Percentage Amount Administrative Services Administration $ 302,200 13.23% $ 39,981 Grants Acquisition $ 167,500 13.23% $ 22,160 Facilities Management $ 13,126,600 13.23% $ 1,736,649 Real Property Management $ 844,500 13.23% $ 111,727 Human Resources $ 1,654,200 13.23% $ 218,851 Information Technology (General Fund Cost) $ 1,578,400 13.23% $ 208,822 Purchasing $ 1,402,600 13,23% $ 185,564 Total Administrative Services Division $ 19,076,000 13.23% $ 2,S23,7S4 Communitv Oevelooment & Environmental Services ~ivision Total Marco Marco Program Amount Percentage Amount Economic Development $ 537,000 13.23% $ 71,045 Southwest Florida Regional Planning Council $ 99,900 13.23% $ 13,217 Watershed Management Plan Study $ 1,614,900 13.23% $ 213,651 Total COE5 Division $ 2,251,800 13.23% $ 297,913 Share of Costs for Services Provided to Marco Island - FY 2010 Public Services Division Total Marco Marco Program Amount Percentage Amount Public Services Administration $ 329,800 13.23% $ 43,633 County Extension, Education & Training $ 621,900 13.23% $ 82,277 Domestic Animal Control $ 2,745,000 13.23% $ 363,164 Social Services Program $ 4,537,000 13.23% $ 600,245 David Lawrence Center $ 899,300 13.23% $ 118,977 library less Marco Island Branch $ 7,138,700 13.23% $ 944,450 Marco Island Branch library $ 329,200 100.00% $ 329,200 County Park Facilities & Programs less Caxambas Marina $ 10,079,300 13.23% $ 1,333,491 Caxambas Marina $ 698,700 100.00% $ 698,700 Public Health Department $ 1,720,100 13.23% $ 227,569 Veterans Services $ 333,400 13.23% $ 44,109 Marco Island Historical Museum $ 80,000 100,00% $ 80,000 Museums less Marco Museum $ 1,593,300 13.23% $ 210,794 Total Public Services Division $ 31,10S,700 16.32% $ S,076,609 Public Utilities Division Total Marco Marco Program Amount Percentage Amount Solid Waste Disposal less Marco Recycling Center $ 13,435,400 13.23% $ 1,777,503 Marco Recycling Center $ 179,000 100.00% $ 179,000 Water Pollution Control $ 3,833,900 13.23% $ 507,225 Total Public Utilities Division $ 17,448,300 14.12% $ 2,463,728 TransDortation Division Total Marco Marco Program Amount Percentage Amount Transportation Administration $ 678,581 13,23% $ 89,776 Alternative Transportation Modes Administration $ 125,734 13.23% $ 16,635 Traffic Operations Department $ 1,683,016 13.23% $ 222,663 Transportation Maintenance Road & Bridge $ 3,964,618 13.23% $ 524,519 Transportation Maintenance FDOT $ 631,883 13.23% $ 83,598 Transportation Maintenance - Aquatic Plant Control $ 584,557 13.23% $ 77,337 Transportation Planning Operations $ 124,442 13.23% $ 16,464 Transportation Development Review $ 142,568 13.23% $ 18,862 Collier Area Transit CAT - General Fund Transfer $ 583,500 13.23% $ 77,197 Transportation Disadvantaged Enterprise - GF Transfer $ 1,721,700 13,23% $ 227,781 Roads Capital Subsidy $ 1,000,000 100.00% $ 1,000,000 Total Transportation Division $ 11,240,600 20.9S% $ 2,3S4,832 Share of Costs for Services Provided to Marco Island - FY 2010 Conservation Collier Total Marco Marco Program Amount Percentage Amount Otter Mound Trail $ 21,400 100.00% $ 21,400 Conservation Collier less Otter Mound $ 27,525,000 13.23% $ 3,641,558 Total Conservation Collier $ 27,S46,400 13.30% $ 3,662,958 Debt Service Total Marco Marco Program Amount Percentage Amount Debt Service (excludes M5TUs & Enterprise Fund) $ 45,564,900 13.23% $ 6,028,236 Conservation Collier Debt Service $ 10,388,200 13.23% $ 1,374,359 Caribbean Gardens $ 146,300 13.23% $ 19,355 Total Debt Service $ 56,099,400 13.23% $ 7,421,9S0 Collier County Total Marco Marco Program Amount Percentage Amount Board of County Commissioners $ 14,727,000 22,16% $ 3,263,381 Constitutional Officers $ 170,200,800 13.52% $ 23,006,721 Court Related Agencies $ 3,117,600 13.23% $ 412,459 Office of the County Manager $ 19,060,000 17,66% $ 3,366,050 Administrative Services Division $ 19,076,000 13.23% $ 2,523,754 Community Development & Environmental Services Division $ 2,251,800 13.23% $ 297,913 Public Services Division $ 31,105,700 16.32% $ 5,076,609 Public Utilities Division $ 17,448,300 14.12% $ 2,463,728 Transportation Division $ 11,240,600 20.95% $ 2,354,832 Conservation Collier $ 27,546,400 13.30% $ 3,662,958 Debt Service $ 56,099,400 13.23% $ 7,421,950 Total Collier County $ 371,873,600 14.48% $ 53,SSO,3SS FY 2010 Collier County Taxable Value - 69,996,S31,960 FY 2010 Marco Island Taxable Value - 9,2S8,S47,288 Percentage Marco island Taxable Value to Collier County Taxable Value - 13.23% Isle of Capri Fire based on 1,626 emergency calls for Marco Island versus 2,7S5 total emergency calls (Calendar years 2004 to 2009) Revenue based on Ad Valorem rates of: General Fund - 3.564S $ 33,002,092 Conservation Collier (maintenance). 0.1206 $ 1,1l6,SSl Conservation Collier (debt service) - 0.1294 $ 1,198,056 Caribbean Gardens (debt service) - 0.0000 $ 1,388,782 Total revenues from Marco Island $ 36,70S,Sll ~ , ~~ ~ - 2009 ACKNOWLEDGEMENTS This report was created with the help and guidance of a number of individuals. This section is intended to recognize those who have had an active role in the report's creation. Marco Island City Council Robert J. Popoff, Chairman Dr. Frank Recker, Vice Chairman Ted Forcht Marco Island Planning Board Brian Moss, Chairman Dr. James C. Riviere, Vice Chairman Monte Lazarus Jerry Gibson Charles Kiester Vincent Magee Marvin Needles Dr. William D. Trotter Irvin Povlow Wayne Waldack William Sneddon Marco Island Staff Steven T, Thompson, City Manager Stephen R. Olmsted, AICP, Community Development Director Kris Van Lengen, City Planner Gretchen Baldus, GIS Manager Nancy Paton, Administrative Support Consultant Team Martin p, Black, AICP, ICMA-CM .. Project Manager Kelley Klepper, AICP.. Senior Planner James Pankonin, RLA, ASLA .... Landscape Architect Peter Van Buskirk, PE, A1CP . Project Engineer William Waddill, RLA, ASLA, AICP Senior Vice President ~=~ ~lWld~lnc: Pagel U I~ G unu IlS0UICl UOU, 11"_tlt~..-...",,_,If{ , i ~'I ~~ CONTENTS Section Acknow ledgemcnts Executive Summary Introduction and Background Methodology Existing Planning Conditions Transportation Network Lots and Property Ownership Value Pal:e 3 8 13 18 20 22 24 25 27 29 32 35 Nonconlormities Sanitation and Drainage eRA Implementation Overview Recommendations Appendix I: Map and Graphic Series 2009 ~=n 1Q'*ttlom 1I1d.~ \nc, U I~ G- U.... IIIOUICI IIIOUP '.rrllllll.,....u_.....","""""'I... Page 2 r-' ~ 2009 EXECUTIVE SUMMARY Introduction and Background The City of Marco Island was incorporated in 1997 and has a current population of approximately 16,000 permanent residents and 40,000 peak winter season residents, Located in Collier County, the City encompasses approximately 24 square miles. Recognizing the importance of creating an economically sustainable community, the City Council has targeted undertaking a redevelopment of thc Town Center as onc of its strategic priorities on behalf afthe community. In 2003 the voters elected to acquire 6.85 acres of property near the town center at a cost of $10 million. Veterans' Conununity Park is currently under master plan development for the site and is expected to serve as the 'heart of the city' tor cultural, performance, and a variety of recreation and educational activities. In early 2009, the City commissioned a public charrette process and analysis to determine community priorities, support and qualification as a redevelopment area pursuant to Chapter 163, Part III of the Florida Statutes. The results of the public planning charrettes and the independent assessment of statutory criteria for establishment of a community redevelopment area elearly support designation of the Town Center as a conununity redevelopment area. Methodology The Community Redevelopment Act of 1969 (the "Act") was created and adopted as Chapter 163 Part III into the Florida Statutes as a local government tool to remedy areas that are found to contain certain degrees of declining and adverse conditions. The Act affirms that the prevention of slum and blight conditions is a matter of state policy and state concern. As relates to the City of Marco Island, the targeted Town Center redevelopment area contains many of the conditions that are cited as State concem and that are directly applicable to the Act. The Act acknowledges the need for redevelopment and creates a mechamsm by which a local government can administer change in a given area through the creation of a Community redevdopment area. l::"or this local analysis. the project approach commenced with an intense two day public charrcttc process to seek community input early in the development of the study analysis and fact.finding, The results of this community engagement served to focus the technical review for quantifying and qualifying the area in terms of meeting one or both of the provisions of Chapter 163.340, Florida Statutes, Subsections (7) or (8). ~=,., IOn'Ir;-Hom II1d AImcII!II, IN:, Pag e 3 U I~ G unu IUOUIClGlOUP t............- _'-" lot ~ I, . ~'I . . 2009 This report is intended to be consistent with the statutory requirements for establishing a community redevelopment area while cOI1t'iidering the future implications for public and private entities. The following sections summarize the various l:onditions as they exist in the targeted Town Center redevelopment area. The targeted Town Center area exhibits many of the required indicators needed to qualify it for community redevelopment area designation. Transportation Network Community members consistently identified concerns with existing traffic circulation, driveway locations, adequacy of parking, interconnectivity, site access, and pedestrian and bicycle routes within the Town Center area. The independent analysis confirms that existing str~et layout, parking facilities, circulation patterns, mobility, and access management conditions are inadequate or defective. These are contributing factors to meeting the statutory indicators necessary for designation as a conununity redevelopment area. Examination of accident data reported by thc Marco Island Police Department within the Town Center area serve to strongly support the community's perception that the Town Center area is a high frequency area for transportation-related accidents. The Town Center area has the largest concentration of accidents reported on both public and private property in the entire city. The concentration of accidents along the segments of Collier Boulevard and Bald Eagle Drive within the Town Center clearly supports a flllding that the statutory conditions exist for meeting the criteria for creation or a redevelopment area. With planned redevelopment strategy and implementation, tile Town Center can be redeveloped in a manner to eliminate or mitigate existing bicycle, pedestrian and traffic safety and circulation problems. In addition, access management strategies are desirable to improve safe circulation as a rc.<.:;ult (}f pattern inadequacy. Lots & Property Ownership Lot location, size, and the ability to support development are key determining factors when considering the likelihood of redevelopment. If lots arc irregular in shape or size, it is difficult to meet current bui Iding and zoning codes. Over 50 properties within the targeted redevelopment area have inegular dimensions that create lot sizes and shapes that make compliance with current building, zoning and other land development regulations difficolt ~=~ 1O'*rHom MII..-c11111, ~, Page 4 lJ H G- VIIU 1I10VICI ,IOU' I""_"~""~I. I ~~ 2009 The targeted redevelopment area has approximately 180 individual parcels with very few parcels groupings that are under the same ownership. The majority of block ownership patterns reflect a high proportion of diverse owners, with few adjoining parcels or aggregatt:ld parcels under :-iingle ownership. In terms of reinvestment, the properties in the area may be difficult to (;onsolidate to support a larger, cohesive redevelopment program. The ownership fragmentation pattem of both public and private lands can serve to stunt redevelopment activity in the area. ,'~ f'-. I I 1 Faulty lot layout in relation to size, adequacy, accessibility, or usefulness is clearly one of the most significant criteria demonstrated in the Town Centcr area that are contributing fa.etors in meeting the statutory requirement.s for designation as a redevelopment area. Value The targeted redevelopment area has suffered depreciation in value over the past two years. An indicator of blight exists when the aggregated assessed values of real property in the area for ad valorem tax purposes fail to show a stable increase concurrent with the City and County over prior years. While there have likewise been decreases in city and county~wlde taxable values, the decease experienced within the targeted Town Center area have exceeded those d(jclines seen at the Marco Island and Collier County- wide conditions. Nonconformities With the City's incorporation and subsequent adoption of its own land development regulations and comprehensive plan to replace the prior Collier County regulatory scheme, many of the existing structures and lots do not conform to the Marco Island community standarcbi. Examples of nonconformities found throughout the proposed conununity redevelopment area include landscaping, parking design standards, buffering, building design, stonnwater management, and signage. The predominance of these nonconformities serve as an indicator of inadequate ,md outdated building density patterns, as well as a further indicator of faulty lot layout conditions that demonstrate the criteria for designation as a community redevelopment area are met in the designated Town Center boundary. c=n Kirriey-Hom and Associa1e6, 100 Page 5 lJ I~ c;. U.... IIIOUICE .IOUP '11f_",~__~,I. ~ !d ''&'1 I 1:1'1 , Sanitation and Drainage 2009 . A substantial portion of the proposed Town Center redevelopment area exhibit", poor drainage conditions as a result of historic construction techniques and lack of sufficient stormwater management facilities and conveyances. Many of the existing developed sites pre-date current environmental and stormwater management requirements aud redevelopment of these sites will likely trigger some level of compliance with stormwater treatment standards. Redevelopment of the Town Center with a master stonnwater management plan and system can tiignificantly aide in supporting new construction and rendering parcels more easily developable, Coastal and Tourist Area Distressed Conditions The Act contains special provisions relative to coastal and tourist areas like Marco Island that serves as additional indicators as to whether an area may qualify for designation as a redevelopmenl area. Specifically, the Act defines redevelopment areas to include coastal and tourism arcas that reflect outdated building density patterns, inadequate transportation and parking facilities, faulty lot layout or inadequate street layout, or a combination thereof. The findings of the independent analysis support the community comments provided in the public charrelle planning meeting that clearly meet the Act's detinition of the Town Center as an n eligible community redevelopment area. Recommendations Based upon an independent assessment of the proposed Town Center community redevelopment are., sufficient criteria have been met to qualify the area for consideration pursuant to the requirements of the FloIida Community Redevelopment Act (Chapter 163, Part lll, Florida Statutes), in particular Scction 163.340 (8), Consideration to formally designate the area, create the Community Redevelopment Agency and commence formal discussions with Collier Coullty regarding their participation in al1ocations to the tax increment financing strategy represent first steps toward successful implementation. ~=~ ~ ard.....lnc, lJ I? G uuu IUOUIC. GROUP .,.__-..........-,11I't Page 6 r I itl I. I~': ~~ 2009 Creation of a Town Center Cummunity Master Plan, identi fication of appropriate comprehensive plan and land development code amendments to aide in implementation ~ definition of a prioritized capital improvement program targeted for the Town Center. with a regional stormwater management plan and parking/circulation strategy, and confirmation of financing strategy consistent with the tax increment financing alternatives represent implementation steps to engage the community moving forward and create incentives for private fe-investment. The assessment of the initial Town Center boundary suggests consideration of setting the final community redevelopment boundary from one of these alternatives: (a) as initially detined by the city (b) modify the boundary to include the Marco Lake Drive neighborhood area (c) modify the houndary to include the Marco Lake Drive neighborhood area and exclude the recently developed Esplanade and condominium area along Elkcam Circle West Initial Boundary Marco Highlands Additio/1 Option Esplanade & Condo Exclusion Option ... ~=n I(jmleyoliom r4 AIIoci_ tnt, lJ I~ c;. unu IUOUICI GlOU. '1l'~'lftfl ~...t~";"4W"llIt..."t1.I'l Page 7 . , 2009 INTRODUCTION & BACKGROUND Recognizing resident, business and properly owner desire to create a core activity area for Marco Island, the City Council contirmcd as one of five top priorities during its strategic planning sessions the establishment of a Town Cenkr and consideration of a Community Redevelopment Area. Members of city staff and the Planning Board scheduled two public plannjng charrcttes to begin the process of establishing community consensus on the most critical elements desired within a Town Center through two meetings held in April 2009, The charrellcs reflected the initial pubhc planning engagement process to allow all interested members of the community to actively participate in shaping the future vision and ultimate implementation of a Marco Island Town Center. Members of the community identified a variety of concerns relative to the functioning of core public facilities and services in the Town Center, together with desired improvements intended to create a better functioning community. ~=n K1~ aod A.Iloo-' Inc Pag e 8 lJ I~ Go URIAN USOUICI GIOUP . 1"~II~~" .\I'~l'~ ..~ "'0: ~'" I'l rr:~ "'f iii 1 ill 1.1 I 2009 The fIrst phase of this effort included a teclmical analYHis, examining conditions within the proposed Town Center area that may hinder or support maintaining the quality of life and services needed for redevelopment. Building upon the redesign of Collier Boulevard, city planning for Veterans' Community Park, and parking and landscaping enhancements along Elkcam Circle, the opportunity exists to strengthen local values and reinforce community design standards and the unique Marco Island identity, The State of Florida recognizes the potentially negative impacts to cities created by areas that may be inferior to community standards and quantitative and value- based expectations. These areas tend to be un..,ustainable and ultimately may become a burden on the jurisdiction in which they exist The Community Redevelopment Act was created and adopted through Chapter 163 Part III, Florida Statutes as a tool to assist in remedying areas to improve the general public welfare, local tax base, and for redevelopment of specific geographic areas. The Community Redevelopment Act declares that the rehabilitation, conservation, or redevelopment of deteriorated and distressed areas are necessary in the interest of public health, safety, morals, and welfare, '~.','.", ,'Ii1" "",'t""", tJ?; ._.~ ".'IIia '0, "...~~f- ..:~:;~~",. ~:_;-#!..I'F. - if)'... '<'"i:J; " In order to qualify for establishment under the provisions of the Community Redevelopment Act, a city must prepare a "fmding of necessity" determining that the rehabilitation, conscrvation, or redevelopment of an area meets criteria broadly described as "slum" or "blighted" and is necessary in the interest of the health, safety, morals, or welfare of the residents of the community. These terms carry specific statutory references and qualifiers distinct from their common understanding and use. In addition, the statute specifically identifies that coastal and tourist areas that have inadequate transporration and parking facilities, tilUlty lot layout, inadequate street layout or inadequate and outdated building density pattcrns can benefit economically and socially from a formal redevelopment program. This report is intended to be consistent with the statutory requirements for estahlishing a Community Redevelopment Arca pursuant to Chapter 163, Part 1II, Florida Statutes. In the late 1990's, Marco Island residents committed to incorporation partly in response to concerns that the local community did not have direct control or an ability to set its futurc in tcrms of land development and community design standards. Much of the existing Town Center area was developed prior to incorporation and establishment of the City's own regulatory framework Generally this area appears to contain similar conditions - infrastructure deficiencies, development hardships, and stunted investment ~ as those found in other exiting community redevelopment areas within the State of Florida, The Community Redevelopment Act provides that certain areas that reflect conditions unsupportive of community standards may be determined locally to fall under two broad categories defined in the statute as falling under criteria that may lead to or support the continuation of "slum" and "blight". It is important to understand that these terms have specific criteria that require a local analysis of conditiom; in order to determine whether a particular geographic area qualifies for the designation and benefits that come with creation of a community redevelopment area. ~=~ ~ n AIDlaIII,Inc. Page 9 lJ I~ Go UUAI nsoulca GIOU. .."_.....,....-~I. ~ ~ ~ ~ . 2009 While the Community Redevelopment Act acknowledges the " need for redevelopment in distressed areas, it also creates a mechanism by which a local government can administer change in a given area the creation of a formal Community Redevelopment Area. Prior to its creation, the local government must adopt a resolution supported by appropriate data and analysis which allows for the legislative tinding that the conditions in the area meet the criteria established by statute. The data and analysis is also required to find that the redevelopment of the area is necessary in the intcrest of the public health, safety, morals or welfare in order to eliminate, prevent, or remedy a shortage of housing affordable to residents of low or moderate income, including the elderly and to correct those ddIciencies found to exist or b~ conducive to community deterioration. One or more of the following factors must be demonstrated through the data and analysis in order to meet the statutory criteria: . Inadequate provision for ventilation, light, air, sanitation, or open spaces; . High density of population, compared to the population density of adjacent areas within the county or municipality; and overcrowding, as indicated by government-maintained statistics or other studies and the requirements of the Florida Building Code; . The existence of conditions that endanger life or property by fire or other causes; . Predominance of defective or inadequate street layout, parking facilities, roadways, bridges, or public transportation t~lcilities; . Aggregate assessed values of real property in the area for ad valorem tax purposes have failed to show any appreciable increase over the 5 years prior to the finding of such conditions; . Faulty lot layout in relation to size, adequacy, accessibility, or usefulness; . Unsanitary or unsafe conditions; . Deterioration of site or other improvements; . inadequate and outdated bnilding density pattcrns; . Failing lease rates per square foot of office, commercial, or industrial space compared to the remainder of the county or municipality; . Tax or special assessment delinquency exceeding the fair value of the land; . Re.'iidential and conunercial vacancy rates higher in the area than in the remainder of the county or municipality; . Incidence of crime in the area higher than in the remaind(,'f of the county or municipality; . Fire and emergency medical service calls to the area proportionately higher than in the remainder oCthe county or municipality; . A greater number ofviolatioTlli of the Florida Building Code in the area than the number of violations recorded in the remainder of the county or municipality; . Diversity of ownership or defective or unusual conditions of title which prevent the free alienability of land within the deteriorated or hazardous area; or . Governmentally owned property with adverse environmental conditions caused by a public or private entity. c=~ Ki*tHlIm II1d .~ Inc, Page 10 U I~ c;. UI.U IlSOUICI GIOU' 4,,,_,,~"-_~1. r~~T i, .. ~ ~ 2009 Of particular note for Marco Island are specific statutory provisions finding that: "...coastal resort and tourist areas or portions there(?fwhich are deteriorating and economically distressed due to building density patterns, inadequate transportation and parking jacilities, faulty lot layout, or inadequate street layout, could, ,.. be revitalized and redeveloped in a manner that will vastly improve the economic and social conditions of the community. " [Chapter 163.335 (4)J The statutes further provide that a "community redevelopment area" is defined as: "a slum area, a hlighted area, or an area in which there is a shortage of housing that is affordable to residents of low or moderate income, including the elderly, or a coastal and tourist area that is deter;orat;m.! and economica/lv distressed dUt.? to ollldated hlli/dimr dens;tl' nattern\" inadeauate trammortalion and nark in!.! facilities. faultv lot/avullt or inadeuuate street /a~Ylllt. or a combination thereof which the governing body designates as appropriate for community redevelopment. For community redevelopment agencies created ajier July 1, 2006, a community redevelopment area may not consist of more than 80 percent of a municipality" The statutes provide that prior to exercising the benefits created by the community redevelopment authority, the city must adopt a resolution supported by data and analysis that establishes ability for the City Council to find that the conditions in the Town Center area meet these criteria. Specifically, the statute provides: 163,355 Finding of necessity by county or municipality,--No county or municipality shall exercise the community redevelopment authority conferred by this part until after the governing body has adopted a resolution, supported by data and analysis, which makes a legislative finding that the conditions in the area meet the criteria described in s. 163.340 (7) or (8). The resolution must state that (I) One or more slum or blighted areas, or one or more areas in which there is a shortage of housing affordable to residents of low or moderate income, including the elderly, exist in such county or municipality; and (2) The rehabilitation, conservation, or redevelopment, or a combination thereof, of such area or areas, including, if appropriate, the development of housing which residents of low or moderate income, including the elderly, can afford, is necessary in the interest of the public health, safety, morals, or welfare of the residents of such county or municipality. ~=n KInMy-Hom 1IlIl.,...... Inc Page 11 U I~ Go unll ..SOUICI "OUP .M"*.~_""""'''l ~ ~j 2009 Some examples of evidence and testimony to establish that an area may be designated for redevelopment include, 1. An assessment of extent of nonconforming uses and structures, such as setbacks, parking, design and density. 2. Traffic accident frequency data, 3. Inadequate public utilities to support allowable zoning or existing use. 4, Evidence of building or life safety code violations. 5. Number and percentage of code violations. 6. General infrastructure inadequacies: deterioration of sanitary and stom) sewers; inadequate alleys; or deterioration of streets. 7. Economic deficiencies, such as commercial vacancy rates, 8. Wide diversity of land ownership in the area, making it relatively impossible to acquire adequate~sized parcels for development. Additional support for a finding of necessity may stem from lack of bike paths, pedestrian and bicycle accidents, circulation problems, and any other deficiency in the infrastructure of the community, ~=n 1OmIey./lom n AasoOaI86, Inc, Page 1 2 lJ I~ c;. UII.. IUOUIC.I GIOU' 11lfftlIM...............~II(. T'l , , ~ . 2009 METHODOLOGY Over 1,100 individual invitations were sent to local residents, property owners and business owners asking that they attend one or both of the two initial public planning charrettes to help set the vision and goals for the Marco Island Town Center. Notices were provided through the local media and on the city's website announcing the meeting dates, times and locations. An evening and weekend session were offered to allow for a cross section of the community to participate. At each charrette, members of the community were asked to identify those features of the Town Center that they would like to see improved, areas that should remain unchanged, clarify those elements that each participant would rnm~t like to see included in future redevelopment, and to suggest ideas for how the community can move forward with practical ideas for implementation. At the conclusion of the meeting, all participants were asked to identify a 'legacy' that they would like to see Funded if they could each have one feature for the future that may not exist today. ~=n ~ nlAll8odalll,lnc, Page 1 3 lJ I~ G- URlU InOUICE GROUP '1",,".<oI..'I"~~."'O/.l>Ot""',I" ~ I. ~ ~'I 2009 The first charrette was held on Monday evening. April ]3,2009 from 6pm till9pm at Mackie Park with approximately 40 to 50 members of the public in attendance. The second charrettc was held on Saturday morning, April ]8,2009 trom 8:30 am until noon at the Community Meeting Room with approximately 20 to 25 participants. Members of the community highlighted their desire to see the Town Center become more attractive, pedestrian-friendly, interconnected, business-friendly, architecturally interesting, better landscaped, and family-friendly with a cohesive vision for the future - all without losing its current function and practicality. Community members also highlighted their concerns for a general lack of affordable, workforce housing opportunities necessary to support the local economy. Challenges that need to be overcome were identified by participants and included stormwater and flooding, high vacancy rates at shopping centers, a difficult set of regulations, poor visibility, lack of secure bike parking, poor community directional signage, difficult to maneuver parking areas and alleys, insufficient pede..<;trian design elements and routes, poor traffic flow and design, inability to go from one store or property to another because of property boundanes and buffers, and poor waterfront access. "~'!! ..~.[:':~~ .a ~:.... . \"'l-> ~. .' ....... ~~......-'\~~. ~ .. \.C_ '//~_ .;. ---_\ " .~ ~ ~ ,- --:~ '~h I.' .: ~ =-~ -==:::a H ,~;_~;,.~.:h,;;:~:~y' __ a L' ~..u"'..~, ~~--="."".. ......., ----~... . '.~~ - ..: ~:':~! - ~- " ~.. ....,.." . ....~.' >~~~.- ."- \ :.;--","~'-------;"~:-''''':''' .Zh..... -.. .... ~=n Killiey-Hom and Associ8tll6.Inc:, Page 14 lJ I~ G URlU USOUICI .'OU' ...._....~/IIlt.-.11( ~ I'i . ct&'1 l, L I ,:J~ , 2009 The initial public planning charrette included a brief introduction and overview of the process and ultimate goals [or defining and encouraging appropriate redevelopment of the Town Center area. Attendees v..'ere broken into two smaller groups to facilitate active engagement and allow participants the full opportunity to better hear and comment on onc another's suggestions and ideas. The concerns identified by the community clearly support several factors defined by statute for creation of a eRA The following areas for improvement and enhancement were identified: / Encouragement for artists - more public art and entertainment .,/ Morc, convenient parking (surface and maybe a garage) / Improved use and function of alleys ./ Better traffic and speed limit policing/enforcement ../ Comprehensive design and 'Marco" aesthetic, plus "Dress Up" Building Backs ./ Wider and morc sidewalks, bikcwaY!i and paths ./ Protect existing needed services, including marina, boating & 'industrial' area ./ Improved lighting and landscaping ./ Safer and easier pedestrian cro!isings with longer lights ./ Public transportation (bus and/or trolley route - not just for tourists/season) ./ Better tramc circulation and access, especially to shopping centers and post office ./ Kids/teens attractions and !:treas to 'hang-out' ./ More pedestrian-friendly design and Interconnection of uscs ./ Limit building heights and preserve density/intensity provisions vi Appropriate scale and designed "mixed use" ./ Consider activities and development for "Marco Aftcr I)" ./ Improved directional signage, 'community way finding' and business signs ./ Examine possibility for a performing arts center ./ Civic and civil courtesy - especially drivers ./ WorkJorce and essential housing opportunities ./ Be family-friendly emphasi7..e multi-generational activities .; Create Veterans' Community Park as a public destination ./ Improved stormwater management/flood control .; Provide more hotelflodgin~ opportunities ./ More opportunities for shopping and diversity of businesses ./ \1;d" nt,' I "\H; (uth'l "rh" hCltl of HI\' .'ily" ~=~ Kln'lI8yoHom end A8IocIII88, 100, Page 1 5 tJ I~ G un.. IUOUICI GIOU' '''".u~....oou~~'''. .""'00"",1" , I ' ~ I l *.~.I ~lj 2009 .. "u l!JJi .- 11III 11' ".: " ,..-,. ~,1' ;I'. The second public planning charrette followed the same format as the fIrst session, with a brief introduction and overview of the process and ultimate goals for defIning and encouraging appropriate redevelopment of the Town Center area. With a smaller number of attendees, all participants stayed in a single group through the engagement, allowing participants the full opportunity to hear and comment on all suggestions and ideas, The concerns identifIed by the community clearly support several factors defIned by statute for creation of a CRA ./ Create incentives for additional outdoor dining and businesses The following areas for improvement and enhancement were identified: ./ Improved pedestrian and bicycle routes ./ Bring aU infrastructure up-to-date ./ Maintaln economic sudainability for marina and waterfront uses ./ Maintain momentum of commercial successes .,I Buildings closer to street - improve pedestrian Ifeel' ./ Sign visibility and design enhancements, hoth public and private ./ Economic climate and incentives to stay in business ./ Consistent street and area lighting for people and roadways ./ Lower building profiles/improved view corridon to the water ./ Protect history and If.'gacy of the community ,( Individuality important - more variety of building appearances and 'personality' of sub-are.as/quadrantli ./ Seek input and ideas from younger memhcrs of the community - families, teens, kids ,( 'Green' design and environmental sustainabUity, energy efficiency, recycling, build on existing city efforts ./ Create community/public gathering locations for unstructured activity of Improved fishing and waterfront opportunities, including waterfront promenade ./ Wireless access and communication services ./ Accommodate a variety of alternative transportation: mopeds, electric vehicles, bikes, smaller cars, public transit ./ Maintain existing hardware, grocery and other shopping and services ,/ Maintain maximum access and parking in thc "industrial quadrant" ,/ Alternative building facades and architectural designs, create diversity and interest In buildings ,/ Create unique "Marco Island" entry and community signagc ,/ Relocate utility plant/at least improve the odor (I'the sewer lagoon") ./ ~ore shade and more interconncctivity of properties ./ Balance the 'double-edged sword" of season ~ economics and impacts ./ More, better designed and better located public parking .;' Recognize important presence of religious institutions ynd community organizations ~=~ ICJr*fHam lrlIl AImCiIIIt, Inc. Page 16 U I~ G U.... IUOUIU GIOU' .._.-,__~II( rr I.i 1\1:! ~" ~ . ~ 2009 Funding needs wlthout becommg too burdensome for local businesses and property owners was also hlghlighted as critical. City pianning staff had previously begun an analysis or existing conditions that served to highlight potential areas of concern for sustainability of the Town Center area and its potential for economic and pedestrian activity. The results of the charrettes rc- enfbrced the original staff review and serve to define the focus of the analysis to determine whether the proposed Town Center meets the criteria for establishment of a community redevelopment area. Participants highlighted a series of concerns for future redevelopment that support undertaking a more detailed planning effort to ensure that the Town Center area meets the expectations desired by the community and to reflect the desired Marco Island design characteristics. It is important to note that the community identification of concerns and deficiencies within the Town Center area closely matches those criteria set fOlth by the state legislature that serve as a basis for determining whether there is a necessity to find that the area is appropriate to designate for redevelopment. Through the early participation of the community in defining those features that are perceived to be deteriorating and contributing to economic distress, the technical analyses to classify eligibility will be focused on those areas most important to meet community expectations and to focus future planning efforts. "Things we don't want to see happen in Marco Island: mega-stores, buildings too high, bland architecture, no diversity of shopping, too much regulation, not enough emphasis on sustainability... " "Things we don't want to see happen in Marco Island: a casino, an amusement park, city hall moved to Town Center, grocery stores leave Town Center, trc{fjic circles or roundabouts ,.. " ~=n ~1llIl~1nc. Page 1 7 lJ I~ Go ulln InGUICI .IOU. ....-.~_~IIOC ~~ ~~ 2009 EXISTING PLANNING CONDITIONS Of a total of approximately 180 parcels within the Town Center area, only nineteen (19) remain undeveloped at this time. Many of the existing sites were developed prior to current building, planning, community design and environmental standards. Zoning The Town Center area retlects a zoning pattern that provides for higher den."ity multi-family residential use along the eastern boundary with the water; primarily commereiaVretail along corridors established by Collier Boulevard, Bald Eagle Drive and Elkeam Circle (C4); a core industrial/service manufacturing sector in the northeast quadrant along E1keam Circle (C-5): and several low density residential (RSF-4) sites with existing churches. The future Veterans' Community Park is designated as a planned unit development and should be considered for rezoning as part of the implementation of the park final design and engineering. ~=~ KJnWtHom n .~ Inc. Page 18 lJ I~ G- u.... 1I10UlCIUOU' .........."'__........-,1.. , ~ 2009 Future Land Use The City of Marco Island Future Land Use desi!,'l1ations for the Town Center area include corridor designations of Town Center/Mixed Use along Bald Eagle Drive, Collier Boulevard and thc southeast and southwest quadrants of Elkcam Circle; high density residential along the northwest quadrant of Elkcam Circle and Josbergcrs Way; heavy commercial in the northeast quadrant of Elkcam Circle; and several low intensity currently occupied by existing churches. The future Veterans' Community Park is designated as a planned unit development and should be considered for comprehensive plan future land use map amendment as part of the implementation of the park final de~ign and engineering. ~=n ~ n......., ~ Page 1 9 lJ I~ G- UI"I IlsonCl GIOUP .'f1_.~"""_,,,*,*,,11Ol ~ ! . "~'I " 2()()9 TRANSPORTATION NETWORK The initial public planning chalTettes served to highlight considerable concern among community residents for poor circulation, parking, bicycle, pedestrian and transportation conditions that have been identified as hindering the desirability for commercial visits to the Town Center area. In particular, the lack of limits on driveway connections to major roadways, conflicts within interior site parking areas, Jack of or poor sidewalk and bicycle facility design, and lack of interconnected sites that allow for easy movement between destinations within block areas were identified by residents and business owners as areas needing correction. The adjoining graphic serves to depict visually the intensity of accidents reported by the Marco Island Police Department within the Town Center area (see Appendix 1 for city-wide data), These data serve to strongly support the community's perception that the Town Center area is a high frequency area for transportation~related accidents. The Town Center area has the largest concentration of accidents reported on both public and private property in the entire city. The concentration of accidents along the segments of Collier Boulevard and Bald Eagle Drive within the Town Center clearly supports a finding that the following statutory conditions exist for meeting the criteria for creation of a redevelopment area: unsafe conditions, defective or inadequate street layout, parking facilities, roadways, bridges, or public transportation facilities and the existence of conditions that endanger life or property by fire or other causes. ~=~ ~nl~~Inc, Page 20 lJ l~ G uRln USOUICI IIOU' ,'[1_"'C9V__~.I. It' 41'1 I' I ,.1.:1 1 2009 An additional concern raised by the community through the charette process included the lack of inter, connectivity between existing developed sites. These conditions are well documented in the Town Center area and are reflected in the historical design of the existing commercial shopping areas as well as newer commercial redevelopment that has been hindered from achieving vehicle interconnections due to existing adjoining lot placement, driveways and other physical features. The predominance of these design conditions in the Town Center area clearly meets the statutory requirement for demonstrating faulty lot layout in relation to size, adequacy, accessibility, or usefulness. The Kimley-Hom team completed physical inspections of the Town Center area and identified a significant incidence of drivc~way connections along Collier Boulevard, Bald Eagle Drive, Eikcam Circle, and Barfield Drive that do not meet current driveway separation or intersection separation criteria of the City Land Development Regulations and accepted state right.of~way design standards. Multiple driveway connections within limited distances may contribute to poor tmtTic circulation by creating potential vehicle and pedestrian or bicycle conflicts, poor SIght triangle visibility or difficulty in achieving accessible routes. In addition, the lack of a viable, comprehensive system of accessible sidewalks, bicycle facilities and dedicated multi-modal facilities, creates additional support for finding that the statutory criteria for creation of a redevelopment area are supported for the Marco Island Town Center area. As an example, there are several links of existing sidewalks that are not only sub-standard in respect to curn..'l1t designs standards, but were previously designed to serve not only as sidewalk facilities, but also as drainage conveyances. The results of the independent analysis of the existing transportation network conditions conflfm that it contributes to the area's conditions to such a degree as 10 demonstrate that the following statutory critt,,.ia for creation of a redevelopment area arc met for the proposed Town Center area: . Predominance of defective or inadequate street layout, parking facilities, roadways, bridges, or public transportation facilities; . Faulty lot layout in relation to size, adequacy, accessibility, or usefulness; . Unsanitary or unsafe conditions; . The existence of conditions lhat endanger life or property by fire or other causes; . Police/emergency service calls to the area proportionately higher than in the remainder of the city, ~=n IllmIrtIiom nl ~ Inc. Page 21 U I~ G- U.... IIIOUlel IIOUP .1"......-...........-.,1. r"l-~-'-'''-- i, ",. :tl I _'....1. ~ 2009 LOTS AND PROPERTY OWNERSHIP Lot location, size and ability to support redevelopment are key determining factors when considering the likelihood of redevelopment. If lots are irregular in shape or size, it is difficult to meet current building, fire, land development and zoning code requirements. Irregular parcel configurations also make it necessary to acquire additional lands to accommodate a modest redevelopment plan. If ownership is fragmented as well, property acquisition is difficult and serves sot stunt redevelopment activity. The majorities of properties within tht: targeted redevelupment area are located within the C-4 and C-5 zoning districts and lie within the Overlay District One. These districts are intended to support intense development needed to meet the commercial and office needs of the Marco Island community, as well as lo serve some of the multi-family needs along the waterfront. When determining a parcel's ability to support commercial and multi-family redevelopment, location and lot width are critical determining factors. Existing city standards require parking stalls to have at least 20 reet of depth and drive aisles to have 24 feet of width, When considering a single driveway, double loaded with a row of parking on each Side, the aggregated width of 64 feel. Depending on adjacent uses, a landscape buffer is also required on either side. In addition, driveway flares a.t the right-or-way to facilitate traffic flow into the adjoining roadways typically require additional width to accommodate entering and existing vehicles, Evaluating these existing standards for parking and landscaping, plus the potential for increased parking quantities necessary to serve proposed redevelopment, lots with less than 64 to 80 of frontage may fail to redevelop. Over 20 properties within the targeted redevelopment area have widths less than 80 feet. Over time, there is a small likelihood that these parcels will be redeveloped. In order to ensure that desirable redt:velopment occurs, these properties should be considered for aggregation with adjoin parcels, developed with less intense uses or considered for inclusion with shared parking facilities or on-street parking. The targeted development area has over 180 individual parcels. There are fewer than ten instances where a given parcel is under the same ownership as the property it abuts. This pattem of few parcel groupings underscores the opportunity to encourage redevelopment through parcel aggregation. In terms of reinvestment, the properties in the area may be difficult to consolidate into a more cohesive redevelopment plan. ~=n ~ end AIIodIt8I, Irl:, Page 22 lJ I~ G- URIAN ..IOUICI GlOUP .".......M...\J'~aolA......IO"..'.,,'" ~ , . ~ .. ' l:t"1 r 2009 In addition to private ownership, the City of Marco Island owns several sites within the targeted redevelopment area. Some of these sites are composed of a collection of individual parcels and some are irregular in shape with unusual ownership patterns that create adverse impacts to the likelihood of successful redevelopment of adjoining parcels. The existing city utility plant site is the largest pnblic site and its irregular shape with outparcel ownership crates a unique challenge for sllccessful redevelopment of the adjoining areas along Barfield Drive and Elkcam Circle. The Kimley-Horn team completed an assessment of the existing Town center area and identified several existing instances of building or life safety code violations on existing properties and confirmed with city staff a relative preponderance of code enforcement cases. Included amongst these (;onditions were lighting and wiring fixtures exposed to the environment, vegetative overgrowth. unapproved parking surfaces, illegal right-ot'way parking, damaged and non-functioning stormwater conveyances, sidewalks in need of maintenance or repair, and other general building and site conditions not typical within the Marco Island community. The results of the independent analysis of the existing lot and property ownership conditions confirm that they contribute to the area's conditions to such a degree as to demonstrate that the following statutory criteria for creation of a redevelopment area are met for the proposed Town Center area: . Predominance of defective or inadequate street layout, parking facilities, roadways, bridges, or public transportation facilities; . Faulty lot layout in relation to size, adequacy, accessibility, or usefulness; . Unsanitary or unsafe conditions; . Inadequate and outdated building dcnsity patterns; . Diversity of ownership or defective or unusual conditions of title which prevent the free alienability ofland within the deteriorated or hazardous area. ~=n Kitrl6y-Hctn and A8so:Ial8S, Inc. Page 23 lJ I~ G U.... IIIOUIClIIOU. ..,._..-.__u-.lllll i j4.: ~~ 2009 VALUE The targeted redevelopment area has been examined in terms of changes in historical taxable value in relation to the County and City as a whole. The most recent tax valuations reflect a profound impact of declines within the targeted Town Center redevelopment area. The 2007 taxable parcel valuation was $20 1,003,434, declining to $ I 90,282,025 in 2008, A similar trend is exhibited for condominiums within the Town Center area, with 2007 taxable values declining from S347,893,279 to $238,576,891 for 2008, a 31.4 percent decline in one year. Total taxable valuation in the Town Center declined approximately 21.9 percent in the period 2007 to 2008. These compare with a 4.7 percent reduction in taxable value on a county.wide basis for Collier County from 2007 to 2008 and of 9.8 percent on a city-wide basis for Marco Island from 2007 to 2008, Taxable value data for 2009 support the findings from 2007 and 2008, with a combined Town Center property decline of 29.1 percent, as compared to a 15,2 percent county- wide reduction and a 19.9 percent city.wide reduction for the period 2007 through 2009. MARCO ISLANO tOWN CENTER 2007 2008 2009 TAXABLE PARCEL VALUATION $201,003,434 $190,282,025 $169,847,392 TAXABLE CONDOMINIUM VALUATION $347,893,279 $238,576,891 $219,555,603 TOTAL TAXABLE VALUATION $548,896,713 $428,858,916 $389,402,995 PERCENT CHANGE YEAR (21.9) 2007- 2009 Reduction (29.9) Source: Collier County Property Appraiser and City Of Marco Island. The results of the independent analysis of the taxable valuable conditions confirm that current trends suggest that the Town Center has been disproportionately impacted by changes to taxable valuation as compared to both the City of Marco Island and Collier County on a community-wid~ basis. Continuation of this trend would meet the statutory provisions of the Act that provide if an area's aggregate assessed values of real property for ad valorem tax purposes have failed to show any apprcclable increase over the 5 years prior to the finding of such conditions as compared to the changes on the city or county-wide basis. ~=~ I<IrrRy-Hom rd ~ Inc, Page 24 lJ I~ G- URlU InOUlel .IOU' '1"_"'~."'.".__""__I'" ~ I, ~:! NONCONFORMITIES Parking The Areawide assessment of the Town Center confirmed numerous locations where un-approved parking is occurring. These instances include parking within or upon drainage and stonnwatcr conveyance and treatment areas, sidewalk and pedestrian W<:lYS, as well as encroachments upon setback or buffers areas required by the City's land development regulations. Stormwater Management 2009 \ , As a result of historical development permitted and constructed within the Town Center prior to the City's incorporation and state/water management district current design standards, in most cases developed properties lack adequate stormwater management facilities. Landscaping \1arco Island landscape and buffer standards are evident upon some of the more recent redevelopment that has occurred but generally the Town Center area reflects design that pre-dates the City's land development regulations, including landscape and architectural treatment~. The lack of compliance with these standards creates a legacy of nonconforming properties relative to these expected community design standards. Architectural Design A predominance of the existing buildings do not reflect compliance with current City of \1arco Island land development regulations. Redevelopment of the Town Center would be anticipated to create an area consistent with community design expectations and requirements. ~=~ I<lfWtMom nl~ Inc. u ,~ G- uuu IUOUICI lIOU. .".rw..IIt....I~...IlIOt"~..n Page 2 5 ~ 2009 The results of the independent analysis of the Town Center relative to existing nonconformities confirm that these conditions contribute to the area's meeting of the following statutory criteria for creation of a redevelopment area: . Predominance of defective or inadequate street Jayout, parking facilities, roadways, bridges, or public transportation facilities; . Faulty lot layout in relation to size, adequacy, accessibility, or usefulness; . Unsanitary or unsafe conditions; ~ .,.". ~=n ~ lI1dAlioclM, Ire lJ I~ c;. Page 26 un.. IUOUICI GlOUP '''''''41~...(...I''~:Nl_'''O:."t'.I'' 2009 SANITATION AND DRAINAGE The results of the independent analysis of the existing stonnwater management conditions confirm that it contributes to the area's conditions to such a degree as to demonstrate that the following statutory criteria for creation of a redevelopment area are met for the proposed Town Center area: . . . 'fhe ex istence of conditions that endanger life or property by fire or other causes; . Predominance of defective or inadequate street layout, parking facilities, roadways, bridges, or public transportation facilities; . Faulty lot layout in relation to size, adequacy, acce'isibility, or usefulness; . Unsanitary or unsafe conditions; . Inadequate provision for ventilation, light, air sanitation, or open spaces; . Deterioration of site or other improvements. In particular, physical conditions were noted along significant lengths ofElkcam Circle, Barfield Drive, Bald Eagle Drive, Windward Drive, Chalmer Drive and Park Avenue were existing stormwater management facilities are not under proper maintenance and exhibiting conditions that contribute to on-~treet and adjoining property pan ding or flooding. Examples include standing water, damaged inlet structures, clogged piping and inappropriate use of faciliti"" (parking, storage, etc) Establishment of the community redevelopment area and evaluation of an area-wide, comprehensive stonnwater management strategy arc appropriate efforts in support of economic revitalization of the Town Center. ~=n Kimey-Hom ancl Assaciates, Inc. Page 27 U I~ c;. un.. .uoulel "OUP ''''__~1-lIIlII____.11Ol Other conditions noted in support of designation of the Town Center as a redevelopment area include sanitary conditions, in particular siting and placement of refuse collection consistent with City of Marco island design standards was noted as lacking in a majority of existing facilities and sites. 2009 Examples include placement of additional dumpster facilities within designated parking or landscape areas, placement of dumpsters that block emergency access routes, and damaged or deteriorating enclosures. The existing design and use of alleys within the Town Center for service areas can support redevelopment efforts, but it is clear from existing conditions that access for sanitation removal has not been consistently considered to ensure placement of collection areas is compatible with alley access and neighboring property owner uses. ~=~ IOmIIy-Hom Irld ......Inc. Page 28 lJ I~ G- uu.. IUOUICI noup Im_"'~~"llI~I" 2009 eRA IMPLEMENTATION OVERVIEW Tax Increment Financing Tax incrcmcnt financing (TIF) provides most of the funding for the CRA. This special funding tool provides all increases in taxes within thc CRA beyond the year the CRA was established into a redevelopment fund. The year the CRA was established is the "base year, 11 Any increases in taxes beyond the base year are provided to the redevelopment fund. Therefore, as the property taxes increase due to redevelopment projects. the redevelopment also increases. Tax increment financing is not an additional tax to the property owner. Since all the monies used in tinancing CRA activities are locally generated, CRA's are not overseen by the state, but redevelopment plans must be consistent with local government comprehensive plans and funds derived from within the CRA must be used to benefit the targeted redevelopment area. It is important to note that property tax revenue collected by the School Board and any special district are not affected under the tax increment financing process. Funds arc depositcd to a CRA trust fund hy the taxing entities (city and county)) after monies afC received from the tax collector. The tax increment revenues can be used immediately as they are received to undertake planning studies or capital projects or other programs that serve the CRA, In addition, these funds can he saved for H particular proJect, or can be bonded to maximize the funds available. All funds received from a tax increment Jinancing area must be used for specific redevelopment purposes within the targeted area, and not for general government purposes. Section 163.387(1), Florida Starutes provides the following guidance for determining the TIF: The annual funding of the redevelopment trust fund shall be in an amount not less than that increment in the income, proceeds, revenues, and funds of each taxing authority derived from or held in connection with the undertaking and carrying out of community redevelopment under this part. Such increment shall be determined annually and shall be that amount equal to 95 percent of the difference between: <a) The amount of ad valorem taxes levied each year by each taxing authority, exclusive of any amount from any debt service millage, on taxable real property contained within the geographic boundaries of a community redevelopment area; and The amount of ad valorem taxes which would have been produced by the rate upon which the tax is levied each year by or for each taxing authority, exclusive of any debt service millage, upon the total of the assessed value of the taxable real property in the community redevelopment area as shown upon the most recent assessment roll used in connection with the taxation of such property by each taxing authority prior to the effective date of the ordinance providing for the funding of the trust fund. (h) ~=~ Kl*,<HlIm II1C! 6~ Inc. U I~ G Page 29 UI~~,. ~I"O.~.~.C.I ~IOU' .-"..........-,1. ~ I ~ ~~;; 2009 Funds deposited in the redevelopment trust fund may be expended only within the boundary of the redevelopment area and as described in the approved redevelopment plan. These requirements are articulated in Section 163.387(6), Fla. Stat, as follows: (a) Administrative and overhead expenses necessary or incidental to the implementation of a community redevelopment plan adopted by the agency. (b) Expenses of redevelopment planning, surveys, and tinaneial analysis, including the reimbursement of the governing body or the community redevelopment agency for such expenses incurred before the redevelopment plan was approved and adopted. (e) The acquisition of real property in the redevelopment area. (d) The clearance and preparation of any redevelopment area for redevelopment and relocation of site occupants as provided in s. 163,370. (e) The repayment of principal and interest or any redemption premium for loans, advances, bonds, bond anticipation notes, and any other form of indebtedness. (I) All expenses incidental to or connected with the issuance, sale, redemption, retirement, or purchase of agency bonds, hond anticipation notes, or other form of indebtedness, including funding ofany reserve, redemption, or other fund or account provided for in the ordinance or resolution authorizing such bonds, notes, or other form of indebtedness. (g) The development of affordable housing within the area. (h) The development of community policing innovations. Community Redevelopment Agency The activities and pro6'J'ams offered within a Community Redevelopment Area are administered by the Community Redevelopment Agency that is locally established when the CRA is designated. Typically a five-. to seven-member eRA "Board" created by (he local government directs the agency or serves as an advisory board to the elected officials serving as the CRA Board. The CRA Board ca n be comprised of local government officials and/or other individuals appointed by the city, The Marco Isiand City Council will need to determine the composition of the CRA Board and whether the City Council will serve as the CRA Board. Should the City Council elect to serve as the CRA Board, the City will need to develop specific policies and procedures to ensure that the CRA Board functions are appropriately and independently undertaken from the customary City Council responsibilities. Examples include special meeting notices, separate minutes of tht: eRA Board, and separate tracking of eRA expenditun:::; and activities. Existing city staff may be assigned responsibilities to coordinate eRA actions as the program develops. The CRA has certain powers tbat the city or county by itself may not do, sueh as establish tax increment financing, and leverage local public funds with private dollars to make redevelopment happen. The CRA term is limited to 30 years, 40 years if extended, After that time, all revenues (presumably much increased from the start of the CRA) are retained by each taxing entity that contributed to the CRA trust fund. ~=n ~and~lnc. lJ I~ G Page 30 U.I" lIIOU.ICI .IOU' ."......tIf~_~I.. 2009 Community Redevelopment Plan The Community Redevelopment Agency is responsible for developing and implementing the Community Redevelopment Plan that addresses the unique needs of the targeted area. The plan includes the overall goals for redevelopment in the area, as well as identifying the types of projects planned for the area within a long~term capital improvements program specific to the eRA. Projects may include a variety of elements or programs intended to spur private reinvestment in the eRA. Streetscapes and roadway improvements, building renovations, new building construction, flood control initiatives, water and sewer improvements, parking lots and garages, neighborhood parks, sidewalks and street tree plantings are typical of projects funded by community redevelopment agencies across the state. The plan can also include redevelopment incenti ve..~ such as grants and loans to private owners and husinesses within the eRA for such things as fa",de improvements, sprinkler system upgrades, signs, and structural improvements. The redevelopment plan is a living document that can be updated to meet the changing needs within the Community Redevelopment Area; however, the boundaries of the area cannot be changed without starting the process from the beginning, Steps to Formally Create the CRA The City has commenced the process to create the Town Center CRA through its actions to engage the community in public planning charrettes earlier this year and the preliminary discussions held with County representatives. The following additional steps highlight next steps needed to formally establish the Town Center CRA A. Adopt the Finding of Necessity. This will formally identify the conditions within the targeted area and estahlish the area boundary. This report can serve as the basis for considering the necessary formal actions to begin the process to engage the County in its review. B. Develop and adopt the Community Redevelopment Plan. The plan further defines the needs of the targeted area and includes a specific program for encouraging redevelopment in the area. C. Create a Redevelopment Trust Fund, Establishment of the Trust Fund enables the Community Redevelopment Agency to direct the increase in real property tax revenues back into the targeted area. ~=n ~ MIl Associ8!es, Inc, lJ I~ G Page 31 unu IIIOUICI ..our . _If -.,...- _ "'-'1. 2009 RECOMMENDATIONS The Town Center arC'd. has the potential to attract private reinvestment and remerge as a walkable, destination and commercial heart of the community. In doing so, it is recommended that several conditions be remedied and that the City pursue a series of short-and long-range planning and implementation endeavors to ensure a sustainable future. The following highlights recommended initiatives that are believed to be supported by the data and analysis and that are believed can create improved conditions desired by the community. Community Redevelopment Area - formal designation of the Town Center as a Community Redevelopment Area pursuant to Chapter] 63, Part If!, Florida Statutes is the first recommended step. The results of this report provide a sufficient basis for evaluating and determining that the Town Center area exhibits several of the indicators and criteria to meet the requirements for designation. Ultimately, the Town Center CRA designation will provide the City with alternative planning and financial tools to help cure identified deficiencies and improve the overall character of the area. The eRA designation will allow the City to pursue alternative financing and taxing approaches, property acquisition options, and improved administrative control to manage redevelopment of the area. The designation of the Town Center as a community redevelopment area will require the creation of a Community Redevelopment Agency or governing boards to oversee the area's more detailed planning and administration. It is recommended that the City opt to designate the City Council to act as the governing agency. Implementation will require separate meetlng and agency action notices going forward but this can be facilitated with existing cily staff and resources. The City should consider establishing a Town Center Advisory Board or assigning that responsibility to an I:xisting City board to advise the City Council on recommended actions. Many of the future initiatives and redevelopment in the Town Center may require multiple funding sources and the CRA is an efFective vehicle for implementing ehange in the area. Town Center Boundary - Consideration of the following altnertaives for setting the proposed Town Center community redevelopment area is recommended prior to finalization of the resolution formally establislllng the CRA. The mitial Town Center boundary had been developed based upon the massing and transportation layout of development that generally includes Bald Eagle Drive, Elkcam Circle and Collier Boulevard, This initial boundary reflects an anchoring of the focus on redevelopment of the commercial and industrial areas and include primary community and social services with intemal residential uses that set a clear community redevelopment area without gerrymandering of lines. This alternative is supported by the significant declines in both commercial and condominium taxable valuations and incorporates the linkages between existing residential areas and the more traditional town center retail and service uses. ~=n ~ MdAllod_lnc, U I~ G Page 32 URIAN IUOUICI GROUP 'II...."' irI'..U"~I"~""'IOI.."I1,I" Ii sa'l ~~I 2009 'rhe residential area along Marco Lakes Drive and commonly known as Marco IT ighlands contains some of the lowest income housing units in the city and adjoins the propos,-~d Town Centcr CRA boundary along its southeastern border. While there have been some targeted reinvestments in the neighborhood utilizing Community Development Block Grant funds for sidewalk and stonnwater management, additional improvements could benefit the residential enclaves accessing off Marco Lakes Drive. Inclusion of this an:a woutd further strengthen the cOIIll1ll1nity redevelopment designation and cou Id serve as an area to consider as a future catalyst in support of the broader redevelopment initiative, Leveraging the existing CDBG investment with redevelopment funding can lead to fUl1her strengthening of the community stability and provide opportunities to establish closer links between the Town Center commercial areas and the Marco Lakes community. An alternative consideration is to remove the recently constructed Esplanade area and existing primarily condominium development along Elkcam Circle West fronting on Smokehouse Bay, While the condominium units in this area have experienced a considerable decline in taxable value, it is unlikely given the ownership pattern, that these units or the reccntly constructed Esplanade will provide short or mid-term redevelopment opportunities, Moditication of the proposed eRA boundary to exclude these areas has the advantage of clearly focusing future red.evelopment areas on those properties with the ,bTfcatest potential for change. Retaining these areas has the clear advantage of including representation of both owner occupied and seasonal residents within the boundary of the proposed eRA and can serve to help guide future priorities for imerconnectivity, desired activities to serve existing and future residents and retain the primary mobility features that can serve to inducc redevelopment of the remaining area. " \ \, \ , ! i I I / / /. , ~=n ~ lr1d AI8oda1ae, Inc, lJ I~ G UIIU IIIOUICI GlOU. ,,,,",,...~"'t,~~._..,,,,,.."tJ.'", Page 3 3 ! i ~'! ~ 2009 Town Center Moster Plan - Building upon the initial public charrctte process completed with this effort, it is recommended that a detailed master plan be created for the targeted redevelopment area consistent with the statutory requirements, The master plan should include further facilitation and refinement of the community goals and objectives identified through the preliminary public charrettes. The master plan will serve to define the implementation roadmap for the needed and desired improvements to the area and should address desired urban form, infrastructure improvements, and funding mechanisms. The master plan will serve as the basis for all future land use and public investment decisions in the area and can act as an effective consensus-building tool for achieving public and stakeholder support for the redevelopment vision, The master plan also serves as the legal basis for all Cnmmunity Redevelopment Area and Agency actions and initiatives. Finally, thc master plan should include a five to twenty year implementation strategy and program, as well as refine recommendations idtmtified in this report. Tax Increment Financing - It is recommended that the City establish a tax increment financing (TIF) district in cooperation with Collier County to assist with funding for necessary public improvements within the Town Center area, This form of public finance is commonly used in other redevelopment districts across Florida and the country. Collier County has successfully utilized this tool for its redevelopment areas and has supported their use by the City of Naples. Upon establishment of the TlF district, the City will identify a base tax year and, as the area redevelops, thc increase in taxable value above the base year can be utilized for improvements solely within the Town Center CRA. The City can work cooperatively with Coil ier County to define an appropriate allocation of the incremental increase in tax revenues for projects within the CRA. Local governments are given the authority to allocate up to 95 percent or a smaller portion of the incremental increase to projects within the eRA.. upon establishment of the TIF district. Use of the TIF alternative financing tool in concert with the Town Center master plan and implementation strategy can have a powerful effect if used to leverage additional funding sources, and therefore is a substantial tool to encourage effective redevelopment. Marco Island Comprehensive Plan. The City of Marco Island Comprehensive Plan should be reviewed to dL1:ermine the extent of needed and desired amendments to support the future vision for the Town Center. In particular, the City should incorporate those projects and programs ultimately indentified by the CRA Master Plan into tbe applicable sections of the Comprehensive Plan and capital improvements program. ~=n ~n"",l1c. UI... ..~OU~CI ..au, .."....,.......~llC 1I I~ G Page 34 APPENDIX 1 MAP AND GRAPHIC SERIES 2009 ~=~ ~1Ild~~, lJ I~ G- URIAN 1I10UICI OIOU' ,,_W-*___IJ\IlQlIIn,I... Page 35 ~~~ ~ ." III !l !! l' JI I'! ~; Ii ill f; I 1 ~~ 'I I , II , i I I i I. . ) I ", II I . ~ ~ ~ . i ~ I t. , '\ ~! l!;il " ~i, ~r. !~ 'r- 'r ~~ 1.-. l< '!iH " ~~ .:~ ~).. " I ~i 2\11' '21 if" : ~I I .b.J..L ~l I": Iii II!: 1II'l ;..; Ii "I' Il" 'I . i I i I ! l ,,, \ ~ H ~, ~2a2~ JI~~~;J!~d , ~ ''-1 ~ " . ~" ^ " 0 ~; Ii I I. j IiIjl illl,l ijll.! "15 II' I,"! :1 J , .. . ~ . ~ , .- "1 " . ~ I" I~J ~i 111 u UI :. :J . , 11 . ,j I' I Ii ill'l ~'111 "Il' .. ' hi. I ii i " . I ! I ! ~ Ij I i I' I II 'JI'I!I/PJ'l!Jj:lll 1 ld ,J 1.ll,HA J 1 . . . ,IJ lJ 11, j :, .J l JI " '! '! I JJ!Hil. mHo~1 ~4 x ii<>- N ~ ~ . ~ J! I~ il. I Uj i m V . rn . ~ ~ Iii. . , ~ I it ii ui ~i > ~ z '" ~ q .. . ~ ~ lIl~ . t:: : ..1 i uJ i ~ . ~ ~ cil!i 111 !l Uj ;. . .! . co ~ . ~ ~ 11 I; . ~" :: .., ! UI i Request for City Council Consideration .- ~)1mmrtbmm;L'''< Meeting Date: March 1 5, 2010 Agenda Item: 3(D) Business: Su bject: Prepared By: Steve Olmsted, Director Date: March 2, 2010 Ordinance. 1" Reading Department: Community Development Town Center CRA - Establishment of Community Redevelopment Agency BACKGROUND: The City is continuing with development of the Town Center Community Redevelopment Area (CRA). On March 1, 2010, City Council adopted the Finding of Necessity prepared by Kimley-Horn Consultants, analyzing the proposed Town Center area for a CRA under Florida statutes. The report clearly supports the need for redevelopment in the Town Center area, and establishes the legal basis for the CRA. The creation of the Community Redevelopment Agency (CRA Board) is the next major step in this process, Attached for Council's consideration at first reading is a proposed ordinance to establish City Council as the CRA Board. Council may also choose to appoint an advisory committee to provide recommendations to Council on the issues within the District. Appointment of an advisory committee can occur at second reading of the proposed CRA ordinance if Council chooses. Upon approval of the proposed ordinance, staff and consultants will proceed with a financial analysis of the changing property values and projecting financial capacity for the District, and will work with Council and the Advisory Board to develop a master plan that will in turn allow implementation of projects. These steps will occur in the future, subsequent to establishment of the CRA Board. This issue remains open for public review, and further public input will be encouraged throughout each step of the process. The City facilitated two community planning charrettes during the analysis for the Finding of Necessity, and during these charrettes members of the community, particularly owners of property within the designated area, highlighted a desire to see the Town Center district become more attractive, pedestrian friendly, interconnected, supportive of business needs, and architecturally interesting, without losing its current function and practicality. Recently, on March 4, 2010, the City Manager, Councilor Trotter, and County Commissioner Fiala provided a presentation of the proposed CRA at the "In the Round" forum sponsored by Iberia Bank. Although the audience's reaction was mixed, a variety of comments were provided for consideration. While not directly involved in the issue, Collier County will be impacted if new property taxes are directed to pay for the cost of public improvements within the CRA. The City staff has briefed the County Manager and the Commissioner serving this area. The County Manager requested guidelines on the City's CRA, and the City Manager has responded with a summary of the conditions to be recommended to City Council. Both letters are attached, and in summary the City Manager recommends; 1. The City staff will hold a public meeting in the County Commission Board Room to accept public comments after the 1" of March, in addition to the public meetings and hearings scheduled to be held on Marco Island. 2. The City will provide Collier County with the opportunity for review and comment upon any debt financing where the pledge is tax increment (TIF) revenues. 3. The City will provide a copy of the annual audit of the CRA I TIF to the Board of County Commissioners through your office. 4. The City will annually provide the County with a copy of the CRA budget prior to adoption by the City. 5. The intent is to generate only the funds necessary to pay for public improvements for the district, and the City Manager will propose that the City agree to less than the forty years for the district allowed by statute. The Manager anticipates that the City will be looking for a twenty.five to thirty year term of debt, and aggress that it is in the interest of both the City and the County to keep the term of the district and debt as short as possible. This term will be developed with the financial analysis and the master plan, neither of which exist at this time. 6. If the City Council determines that debt financing is appropriate, the Manager will recommend that in the event TIF revenues exceed the required debt service payment after the first 10 years that the City remit 50% of the funds generated by the County to the County, and that in no event shall the County's TIF increment exceed that amount contributed by the City. Establishment of a Community Redevelopment Area is one mechanism available to municipalities in the State of Florida to better facilitate planning and funding of future public improvements within the planning area. On approval by City Council, the CRA will continue to move through the steps outlined above, including completion of a redevelopment plan and preparation of an ordinance creating a Tax Increment Financing Trust Fund. FUNDING SOURCE j FISCAL IMPACT: NjA RECOMMENDATION: Approval of the ordinance at first reading formally approving establishment of the Community Redevelopment Agency. With this approval, continue to prepare a financial analysis and develop a plan of proposed improvements to the Town Center CRA for Council's consideration. POTENTIAL MOTION: "I move to approve the Ordinance establishing the Community Redevelopment Agency." Jre tJdz4iJ! /lF5:) (r- Reviewed by Department Director Reviewed by City Manager Ordinance No. 2010- Town Center Community Redevelopment Area and Agency 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 CITY OF MARCO ISLAND MARCO ISLAND, FLORIDA ORDINANCE NO. 2010- A ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MARCO ISLAND, FLORIDA, RELATING TO COMMUNITY REDEVELOPMENT PURSUANT TO CHAPTER 163, PART III, FLORIDA STATUTES (THE "COMMUNITY REDEVELOPMENT ACT"); CREATING THE MARCO ISLAND TOWN CENTER COMMUNITY REDEVELOPMENT AREA; CONFIRMING THE FINDING OF THE EXISTENCE OF CONDITIONS IN THE MARCO ISLAND TOWN CENTER COMMUNITY REDEVELOPMENT AREA THAT WARRANT THE CREATION OF A COMMUNITY REDEVELOPMENT AREA; CREATING AND PROVIDING FOR THE APPOINTMENT OF THE MARCO ISLAND TOWN CENTER COMMUNITY REDEVELOPMENT AGENCY; ESTABLISHING THE POWERS AND DUTIES OF THE MARCO ISLAND TOWN CENTER COMMUNITY REDEVELOPMENT AGENCY; PROVIDING FOR FUNDING OF THE MARCO ISLAND TOWN CENTER COMMUNITY REDEVELOPMENT AGENCY; PROVIDING FOR SEVERABILITY; PROVIDING FOR FILING WITH THE CITY CLERK; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on March 1, 201 0, the~ncil of Marco Island, Florida (herein the City Council) adopted Resolution No. ... by which it found and declared that there existed in Marco Island conditions that warrant the creation of a community redevelopment area; and WHEREAS, the City Council hereby finds tha~ determinations, declarations and actions set forth in Resolution Number _ were and are supported by substantial evidence and were and are proper; and that said findings, determinations, declarations and actions were and continue to be valid, and therefore, the City Council does hereby readopt, ratify and reaffirm the findings, determinations, declarations and actions as set forth in said resolution; and WHEREAS, pursuant to Section 163,346, Florida Statutes, the City of Marco Island has provided public notice of its intent to consider adopting an ordinance creating the Marco Island Town Center Community Redevelopment Area and Agency at least fifteen (15) days before such proposed action by mailed notice to each taxing authority which levies ad valorem taxes on real property contained within the geographic boundaries of the proposed redevelopment area and in compliance with the notice requirements set forth in Section 166.041 (3)(a), Florida Statutes; and WHEREAS, conditions are present which are detrimental to the sound growth of the Marco Island Town Center Redevelopment Area and which substantially impair or arrest the appropriate growth within the area, and present conditions and uses which are detrimental to the public health, safety, morals and public welfare; and WHEREAS, the Town Center Community Redevelopment Area Finding of Necessity Report confirmed that: conditions in the area meet the criteria described in Sections 163.340 (7) or (8), Florida Statutes and the rehabilitation, conservation, or Ordinance No. 2010._ Town Center Community Redevelopment Area and Agency 50 redevelopment of the Town Center Community Redevelopment Area is necessary in the 51 interest of public health, safety, morals or welfare of the residents of Marco Island; and 52 53 WHEREAS, the Town Center Community Redevelopment Area is a coastal and tourist 54 area that is deteriorating and economically distressed due to outdated building density 55 patterns, inadequate transportation and parking facilities, faulty lot layout and 56 inadequate street layout; and 57 58 WHEREAS, the Town Center Community Redevelopment Area can be revitalized or 59 redeveloped in a manner that will vastly improve the economic and social conditions of 60 the community; and 61 62 WHEREAS, the Town Center Community Redevelopment Area contains a substantial 63 number of deteriorated, or deteriorating structures, in which conditions, as indicated by 64 the Finding of Necessity Report, are leading to economic distress; and 65 66 WHEREAS, within the Town Center Community Redevelopment Area there is a 67 predominance of defective or inadequate street layout, parking facilities, roadways, 68 drainage facilities, or other public infrastructure; and 69 70 WHEREAS, aggregate assessed values of real property in the Town Center Community 71 Redevelopment Area for ad valorem tax purposes have failed to show any appreciable 72 increase and in fact such values have declined at rates significantly greater than that of 73 the City of Marco Island and Collier County as a whole; and 74 75 WHEREAS, within the Town Center Community Redevelopment Area there exists faulty 76 lot layout in relation to size, adequacy, accessibility, or usefulness; and 77 78 WHEREAS, within the Town Center Community Redevelopment Area there exists 79 unsafe or unsanitary conditions; and 80 81 WHEREAS, within the Town Center Community Redevelopment Area there exists 82 inadequate or outdated building density patterns; and 83 84 WHEREAS, within the Town Center Community Redevelopment Area there exists a 85 substantial commercial vacancy rate; and 86 87 WHEREAS, within the Town Center Community Redevelopment Area there exists an 88 incidence of vehicle accidents at a rate higher than in other areas of Marco Island; and 89 90 WHEREAS, the Town Center Community Redevelopment Area exhibits a diversity of 91 ownership and unusual property configurations which prevent the free alienability of 92 land; and 93 94 WHEREAS, within the Town Center Community Redevelopment Area there exists a 95 significant degree of nonconformities relative to parking, storm water management, 96 landscaping, architectural design and community standards; and 97 2 Ordinance No. 2010- Town Center Community Redevelopment Area and Agency 98 WHEREAS, after notice to all taxing authorities which levy ad valorem taxes on real 99 property in the redevelopment area, and providing the public an opportunity to present 100 testimony and evidence, the City Council, finds as a matter of fact that conditions exist 101 which warrant the creation of a community redevelopment area and community 102 redevelopment agency; and 103 104 WHEREAS, the Town Center area is appropriate for community redevelopment projects 105 and the need exists for a community redevelopment agency to function in Marco Island 106 to carry out the community redevelopment purposes pursuant to Part III of Chapter 163, 107 Florida Statutes (the "Community Redevelopment Act of 1969" (as amended) or the 108 "Act"). 109 110 NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF 111 MARCO ISLAND, FLORIDA, AS FOLLOWS: 112 113 Section 1. Recitals. The foregoing "WHEREAS" clauses are ratified and confirmed as 114 true and correct, are hereby accepted as legislative findings of fact, and incorporated 115 into this Ordinance by this reference. 116 117 Section 2. Short title and applicability. This Ordinance shall be known as, and may 118 be cited as, the "Marco Island Town Center Community Redevelopment Agency (CRA) 119 Ordinance." This ordinance shall apply to the incorporated areas of Marco Island, 120 Florida, specifically the geographic area defined herein and depicted on the map 121 attached hereto as "Exhibit A". 122 123 Section 3. Intent and purpose. This ordinance is intended to be consistent with the 124 Marco Island Comprehensive Plan. This ordinance shall afford maximum opportunity, 125 consistent with the sound needs of the City as a whole, to the rehabilitation or 126 redevelopment of the community redevelopment area. 127 128 Section 4. Creation of the Community Redevelopment Area, This Ordinance is 129 supported by data and analysis and the City Council makes a legislative finding of fact 130 that the conditions in the Marco Island Town Center Community Redevelopment Area 131 meet the criteria described in Section 163.340 (7) or (8), Florida Statutes and in 132 accordance with Section 163.356, Florida Statutes finds that there is a need for a 133 community redevelopment area for the Town Center area of Marco Island. The 134 geographic area of the Marco Island Town Center Community Redevelopment Area is 135 hereby designated and created as depicted on the map attached hereto as "Exhibit A". 136 137 Section 5. Creation of the Community Redevelopment Agency. The Marco Island 138 Town Center Community Redevelopment Agency is hereby created, pursuant to 139 Chapter 163, Part III, Florida Statutes. 140 Section 6. Appointment to the Community Redevelopment Agency. The City 141 Council of Marco Island, Florida in accordance with Sections 163.356 and 163.357, 142 Florida Statutes hereby declares itself to be the Marco Island Town Center Community 143 Redevelopment Agency. 144 3 Ordinance No. 2010- Town Center Community Redevelopment Area and Agency 145 (a) All of the City Council members shall serve as members of the agency for the length 146 of their terms on the City Council. 147 148 (b) The Marco Island Town Center Community Redevelopment Agency shall constitute 149 a public body, corporate and politic and a legal entity, separate, distinct, and 150 independent from the Marco Island City Council with all rights, powers, duties, privileges 151 and immunities vested in a community redevelopment agency. 152 153 (c) The agency shall appoint, from time to time, a chairman and vice-chairman, who 154 shall serve as the officers of the agency, at the direction of the entire agency, but in no 155 event shall any members serve beyond the length of their City Council term. 156 157 Section 7. Powers and Duties of the Community Redevelopment Agency. The 158 Marco Island Town Center Community Redevelopment Agency is authorized to carry 159 out all of the following community redevelopment and related activities specified in 160 Chapter 163, Part III, Florida Statutes, including, but not limited to; 161 162 (1) To make and execute contracts and other instruments necessary or convenient to 163 the exercise of its powers under this division. 164 165 (2) To disseminate redevelopment information. 166 167 (3) To undertake and carry out community redevelopment projects and related 168 activities within its area of operation, such projects to include: 169 170 a. Acquisition of a slum area or a blighted area of any portions thereof. 171 172 b. Demolition and removal of building and improvements. 173 174 c. Installation, construction or reconstruction of streets, utilities, parks, 175 playgrounds, and other improvements necessary for carrying out the community 176 redevelopment plan. 177 178 d. Disposition of any property acquired in the community redevelopment area at 179 its fair value for uses in accordance with the community redevelopment plan. 180 181 e. Carrying out plans for a program of voluntary or compulsory repair and 182 rehabilitation of buildings or other improvements in accordance with the 183 community redevelopment plan. 184 185 1. Acquisition of real property in the community redevelopment project area 186 which, under the community redevelopment plan, is to be repaired or 187 rehabilitated for dwelling use or related facilities, repair or rehabilitation of the 188 structures for guidance purposes, and resale of the property. 189 190 g. Acquisition of any other real property in the community redevelopment area 191 when necessary to eliminate unhealthful, unsanitary or unsafe conditions, lessen 192 density, eliminate obsolete or other uses detrimental to the public welfare, or 4 Ordinance No. 2010-_ Town Center Community Redevelopment Area and Agency 193 othervvise, to remove or prevent the spread of blight or deterioration or to provide 194 land for needed public facilities. 195 196 h, Acquisitions, without regard to any requirement that the area be a slum or 197 blighted area, of air rights in an area consisting principally of land in highways, 198 railway tracks, bridge entrances or other similar facilities which have a blighting 199 influence on the surrounding area and over which air rights sites are to be 200 developed for elimination of such blighting influences and for the provision of 201 housing (and related facilities and uses) designed specifically for, and limited to, 202 families and individuals of low or moderate income. 203 204 i. Construction of foundations and platforms necessary for the provision of air 205 rights, sites of housing (and related facilities and uses) designed specifically for, 206 and limited to, families and individuals of low or moderate income. 207 208 (4) To provide, or to arrange or contract for, the furnishings or repair by any person or 209 agency, public or private, of services, privileges, works, streets, roads, public utilities or 210 other facilities or in connection with a community redevelopment project; and to agree to 211 any conditions that it may deem reasonable and appropriate attached to federal 212 financial assistance and imposed pursuant to federal law relating to the determination of 213 prevailing salaries or wages or compliance with labor standards, in the undertaking or 214 carrying out of a community redevelopment project and related activities, and to include 215 in any contract let in connection with such a project and related activities, provisions to 216 fulfill such of said conditions as it may deem reasonable and appropriate. 217 218 (5) Within the community redevelopment area: 219 220 a. To acquire by purchase, lease, option, gift, grant, bequest, devise, eminent 221 domain, or othervvise, any real property (or other personal property) for its 222 administrative purposes together with any improvements thereon. 223 224 b. To hold, improve, clear, or prepare for redevelopment any such property; 225 226 c. To mortgage, pledge, hypothecate, or othervvise encumber, or to dispose of 227 any real property; 228 229 d. To insure or provide for the insurance of any real or personal property or 230 operations of the county or municipality against any risks or hazards, including 231 the power to pay premiums on any such insurance; 232 233 e. To enter into any contracts necessary to effectuate the purpose of this division. 234 235 (6) To invest any community redevelopment funds held in reserves or sinking funds or 236 any such funds not required for immediate disbursement in property or securities in 237 which savings banks may legally invest funds subject to their control; to redeem 238 revenue bonds issued pursuant to this part at the redemption price established therein 239 or purchase such bonds at less than redemption price, all such bonds so redeemed or 240 purchased to be canceled. 5 Ordinance No. 2010- Town Center Community Redevelopment Area and Agency 241 (7) To borrow money and to apply for and accept advances, loans, grants, contributions, 242 and any other form of financial assistance from the federal government, the state, 243 county, or other public body, or from any sources, public or private, for the purposes of 244 this division and to give such security as may be required and to enter into and carry out 245 contracts or agreements in connection therewith; and to include in any contract for 246 financial assistance with the federal government for or with respect to a community 247 redevelopment project and related activities such conditions imposed pursuant to 248 federal laws as the county or municipality may deem reasonable and appropriate and 249 which are not inconsistent with the purposes of this division. 250 251 (8) Within its area of operation, to make or have made all surveys and plans necessary 252 to the carrying out of the purposes of this part and to contract with any persons, public 253 or private, in making and carrying out such plans, which plans may include, but not be 254 limited to: 255 256 a. Plans for carrying out a program of voluntary or compulsory repair and 257 rehabilitation of buildings and improvements; 258 259 b. Appraisals, title searches, surveys, studies, and other plans and work 260 necessary to prepare for the undertaking of community redevelopment projects 261 and related activities; 262 263 c. Plans for the enforcement of state and local laws, codes and regulations 264 relating to the use of land and the use and occupancy of buildings and 265 improvements and to the compulsory repair, rehabilitation, demolition, or removal 266 of buildings, and improvements. 267 268 (9) To develop, test, and report methods and techniques, and carry out demonstrations 269 and other activities, for the prevention and the elimination of slums and urban blight and 270 developing and demonstrating new or improved means providing housing for families 271 and persons of low income. 272 273 (10) To apply for, accept, and utilize grants of funds from the federal and state 274 government and any from any sources, public or private for such purposes. 275 276 (11) To prepare plans for and assist in the relocation of persons (including individuals, 277 families, business concerns, nonprofit organizations and others) displaced from a 278 community redevelopment area, and to make relocation payments to or with respect to 279 such persons for moving expenses and losses of property for which reimbursement or 280 compensation is not otherwise made, including the making of such payments financed 281 by the federal government. 282 283 (12) To appropriate such funds and make such expenditures as may be necessary to 284 carry out the purposes of this division. 285 286 (13) To close, vacate, plat or replat streets, roads, sidewalks, or other places. 287 6 Ordinance No. 2010. Town Center Community Redevelopment Area and Agency 288 (14) Within its area of operation to organize, coordinate, and direct the administration of 289 the provisions of this division, as they may apply to the City of Marco Island in order that 290 the objective of community redevelopment within the city may be accomplished, and to 291 establish such offices in order to carry out such 292 purposes most effectively. 293 294 (15) To take any other action authorized by Section 163.370, F.S., as may be 295 amended from time to time. 296 297 Section 8. Community Redevelopment Advisory Committee and Staffing. The 298 Marco Island Town Center Community Redevelopment Agency shall appoint, after 299 solicitation of resumes, a committee composed of seven individuals residing in the City 300 of Marco Island or operating/owning a business in the redevelopment area to act in an 301 advisory capacity to the agency. Said committee shall be known as the Town Center 302 Community Redevelopment Advisory Committee. 303 304 a. The members of the Town Center Community Redevelopment Advisory Committee 305 shall serve for four years, except that two of the members first appointed shall be 306 designated to serve terms of two years and that two of the members first appointed 307 shall be designated to serve terms of three years, from the date of their appointments, 308 and all other members shall be designated to serve for terms of four years from the date 309 of their appointments. A vacancy occurring during a term shall be filled for the unexpired 310 term. 311 312 b. The Town Center Community Redevelopment Advisory Committee shall make 313 recommendations to the agency regarding the community redevelopment plan, and on 314 various planning and construction projects within the community redevelopment area, 315 funding requests by private property owners, and all other issues affecting 316 redevelopment in the Town Center Community Redevelopment Area. 317 318 c. The committee members shall serve as volunteers to the Community Redevelopment 319 Agency. 320 321 d. The City of Marco Island Community Development Department shall serve as staff to 322 the committee and agency. 323 324 Section 9. Funding of the Community Redevelopment Agency. The Marco Island 325 Town Center Community Redevelopment Agency shall provide funding, to the degree 326 necessary, to carry out redevelopment activities within the designated community 327 redevelopment area, and funding of identified redevelopment activities shall be included 328 in the City of Marco Island's Capital Improvements Plan. 329 330 Section 10. Community Redevelopment Trust Fund. A redevelopment trust fund 331 shall be established, in accordance with Section 163.387, Florida Statutes. 332 333 a. Funds allocated to and deposited into this fund shall be used by the agency to 334 finance or refinance any community redevelopment it undertakes pursuant to the 335 approved community redevelopment plan. The agency may not receive or spend any 7 Ordinance No. 2010. Town Center Community Redevelopment Area and Agency 336 increment revenues pursuant to this section unless and until the City Council has, by 337 ordinance, provided for the funding of the redevelopment trust fund for the duration of 338 the community redevelopment plan. Such ordinance may be adopted only after the City 339 Council has approved a community redevelopment plan. 340 341 b. The annual funding of the redevelopment trust fund shall be in an amount not less 342 than that increment in the income, proceeds, revenues, and funds of each taxing 343 authority derived from or held in connection with the undertaking and carrying out of 344 community redevelopment under this part, in accordance with Section 163.387, Florida 345 Statutes. 346 347 c. Moneys in the redevelopment trust fund may be expended from time to time for the 348 following purposes, when directly related to financing or refinancing of redevelopment in 349 a community redevelopment area pursuant to an approved community redevelopment 350 plan: 351 352 (1) Administrative and overhead expenses necessary or incidental to the 353 development and implementation of a community redevelopment plan adopted 354 by the agency. 355 356 (2) Expenses of redevelopment planning, surveys, and financial analysis, 357 including the reimbursement of the City or the agency for such expenses incurred 358 before the redevelopment plan was approved and adopted. 359 360 (3) The clearance and preparation of any redevelopment area for redevelopment 361 and relocation of site occupants as provided in Section 163.370, Florida Statutes. 362 363 (4) The repayment of principal and interest or any redemption premium for loans, 364 advances, bonds, bond anticipation notes, and any other form of indebtedness. 365 366 (5) All expenses incidental to or connected with the issuance, sale, redemption, 367 retirement, or purchase of agency bonds, bond anticipation notes, or other form 368 of indebtedness, including funding of any reserve, redemption, or other fund or 369 account provided for in the ordinance or resolution authorizing such bonds, 370 notes, or other form of indebtedness. 371 372 (6) The development of affordable housing within the area. 373 374 d. On the last day of the fiscal year of the agency, any money which remains in the trust 375 fund after the payment of expenses pursuant to this ordinance for such year shall be: 376 377 (1) Returned to each taxing authority which paid the increment in the proportion 378 that the amount of the payment of such taxing authority bears to the total amount 379 paid into the trust fund by all taxing authorities within the redevelopment area for 380 that year; 381 382 (2) Used to reduce the amount of any indebtedness to which increment revenues 383 are pledged; 8 Ordinance No. 2010- Town Center Community Redevelopment Area and Agency 384 (3) Deposited into an escrow account for the purpose of later reducing any 385 indebtedness to which increment revenues are pledged; or 386 387 (4) Appropriated to a specific redevelopment project pursuant to an approved 388 community redevelopment plan which project will be completed within three 389 years from the date of such appropriation. 390 391 Section 11. Fiscal Year and Budget. 392 393 a. The agency shall adopt a fiscal year which will coincide with the fiscal year of the 394 City. 395 396 b. The agency shall prepare and submit its annual budget to the City for approval in 397 accordance with the policies and deadlines set for departments of the City in the 398 preparation of the City's annual budget. At such time the agency shall also transmit a 399 copy of its annual budget to Collier County. 400 401 c. Such annual budget shall specify all anticipated sources of revenues and estimated 402 amounts. The agency shall not appropriate, encumber or spend any funds unless 403 provided for in its budget as approved by the City, nor shall it modify 404 its budget, beyond those modifications allowed other departments, without approval of 405 the City Council. 406 407 Section 12. Report of Agency's Activities; Publication of Notice. The agency shall 408 file with the City of Marco Island, Collier County and with the Auditor General, on or 409 before March 31 of each year, a report of its activities for the preceding fiscal year, 410 which report shall include a complete financial statement setting forth its assets, 411 liabilities, income, and operating expenses as of the end of such fiscal year. At the time 412 of filing the report, the agency shall publish in a newspaper of general circulation in the 413 community a notice to the effect that such report has been filed with the City and that 414 the report is available for inspection during business hours in the office of the City Clerk, 415 City of Marco Island, and in the office of the agency. 416 417 Section 13. Employment of Agents and Employees. The agency may employ a 418 director, technical experts, and such other agents and employees, permanent and 419 temporary, as it requires, and determine their qualifications, duties, and compensation. 420 Employees of the agency shall serve under the direction of the Marco Island City 421 Manager. The agency is hereby authorized to cooperatively purchase such services as 422 it may deem necessary through contracts of the City of Marco Island or other Florida 423 state or local government agencies. 424 425 Section 14. Severability. That the various parts, Sections and clauses of this 426 Ordinance are hereby declared to be severable. If any part, sentence, paragraph, 427 Section or clause is adjudged unconstitutional or invalid by a court of competent 428 jurisdiction, the remainder of the Ordinance shall not be affected thereby. In the event of 429 a subsequent change in applicable law, so the provision which had been held invalid is 430 no longer invalid, the proviSion shall thereupon return to full force and effect without 431 further action by the City and shall thereafter be binding under this Ordinance. 9 432 433 434 435 436 437 438 439 440 441 442 443 444 445 446 447 448 449 450 451 452 453 454 455 456 457 458 Ordinance No. 2010. Town Center Community Redevelopment Area and Agency Section 15. Recordation Required. This Ordinance relating to the Marco Island Town Center Community Redevelopment Area and Agency shall be recorded in the Minutes of this Board and filed with the Marco Island City Clerk's Office. Section 16. Effective Date. This Ordinance shall take effect immediately upon adoption. PASSED FIRST READING IN OPEN AND REGULAR SESSION of the Marco Island City Council on the 15th day of March 2010. PASSED AND ADOPTED ON SECOND READING IN OPEN AND REGULAR SESSION of the Marco Island City Council on the day of 2010, Attest: CITY OF MARCO ISLAND, FLORIDA By; laura M. Litzan, City Clerk By: Chairman (SEAL) Reviewed for legal sufficiency: By; Alan l. Gabriel, City Attorney 10 EXHIBIT A MM;~QtI,'C' 1, <JR~1.,,"C1 "'.W~"D.^," MARCO LLJTHERN CHURCH ",",ViL[ . , . ~ t L"<;"~EANn '" ~-;, Town Center Comnumity Redeve]opluenl Area Proposed District Boundaries tIll Of.I\I\.RCOJSL\NlJ 1=mI I "...,"'.,".,....,~..."'"...."...,~., "~"'''__''_m.~ ,.,,,,,,,.. ......~ "~,,, ~_ ""'.. M._~...._~"'~.'_~n .,.. ..~.... .. "'_0- ~,_. .".._~. ~~"""""."" ,,,.,..~"~.."'.~'.M' """ Cl'roposedCI,Allollndilr;' : :. ,~~~2t~,~~tH{)Und~C\ - ::io,_ o~ .';f " b w';;; u,;: .:: i'i:! ",.... w'1: .... .: ~. c , 11II;; .. . .. Request for City Council Consideration ~1ibJ;iWiU01UE1Hin:ji'!i' Meeting Date: March 1, 2010 Agenda Item: 3(E) Business: Subject: Prepared By: Steve Olmsted, Director Date: February 18, 2010 Resolution Department: Community Development Town Center Community Redevelopment Area - Finding of Necessity BACKGROUND: The City is continuing with development of the Town Center Community Redevelopment Area (CRA), and for City Council consideration, this is adoption by resolution of the Finding of Necessity establishing the eligibility of the Town Center Planning Area as a CRA. On December 7'h City Council received the Finding of Necessity prepared by Kimley.Horn Consultants, analyzing the proposed Town Center area for a CRA under Florida statutes. The report clearly supports the need for redevelopment in the Town Center area, and established the legal basis for the CRA. The Planning Board supports this effort, and a letter from Chairman Riviere is attached. A copy of the Finding of Necessity Report has previously been distributed to Council. A complete copy is available in the City Clerk's Office and is also available electronically on the City's web site. The attached resolution includes Exhibit A, a copy of the Finding of Necessity Report and Exhibit B, a map of the proposed CRA area. The map includes two potential adjustments, addition of Marco Highlands Subdivision and deletion of the area adjacent to the Esplanade. Staff recommends that Marco Highlands be included in the proposed CRA. The area is eligible for Community Development Block Grant Funding under federal guidelines and therefore meets the requirements for inclusion in the CRA. Deletion of the Esplanade and adjoining condominium areas is recommended for deletion, as this area is unlikely to experience significant new development or redevelopment in the future. Deletion of this area also serves to reduce the future fiscal impacts of the CRA on the City of Marco Island and Collier County. The creation of the CRA may be considered by City Council on March 15'" and April 5'", and will be the second major step in this process. The ordinance to be presented to Council will establish City Council as the CRA Board, and Council may choose to appoint an advisory committee to provide recommendations to Council on the issues within the District. The staff and consultants will then proceed with a financial analysis of the changing property values and projecting financial capacity for the District, and will work with the council (and Board, at Council's direction) to develop a master plan that will in turn allow implementation of projects. This issue remains in the review process, and further public input will be encouraged throughout each step of the process. The City facilitated two community planning charrettes during the analysis for the Finding of Necessity, and during these charrettes members of the community highlighted a desire to see the Town Center district become more attractive, pedestrian friendly, interconnected, supportive of business needs, and architecturally interesting, without losing its current function. Collier County is also a stakeholder in these discussions, and the staff has briefed the County Manager and the Commissioner serving this area on the Finding of Necessity. The County Manager requested guidelines on the City's CRA, and the City Manager has responded with a summary of the conditions to be recommended to City Council. Both letters are attached, and in summary the City Manager recommends: 1. The City staff will hold a public meeting in the County Commission Board Room to accept public comments after the 1" of March, in addition to the public meetings and hearings scheduled to be held on Marco Island. 2. The City will provide Collier County with the opportunity for review and comment upon any debt financing where the pledge is tax increment (TIF) revenues. 3. The City will provide a copy of the annual audit of the CRA I TIF to the Board of County Commissioners through your office. 4. The City will annually provide the County with a copy of the CRA budget prior to adoption by the City. 5. The intent is to generate only the funds necessary to pay for public improvements for the district, and the City Manager will propose that the City agree to less than the forty years for the district allowed by statute. The Manager anticipates that the City will be looking for a twenty-five to thirty year term of debt, and agrees that it is in the interest of both the City and the County to keep the term of the district and debt as short as possible. This term will be developed with the financial analysis and the master plan, neither of which exist at this time. 6. If the City Council determines that debt financing is appropriate, the Manager will recommend that in the event TIF revenues exceed the required debt service payment after the first 10 years that the City remit 50% of the funds generated by the County to the County, and that in no event shall the County's TIF increment exceed that amount contributed by the City. Establishment of a Community Redevelopment Area is one mechanism available to municipalities in the State of Florida to better facilitate planning and funding of future public improvements within the planning area. On approval by City Council, the CRA will continue to move through the steps outlined above. FUNDING SOURCE I FISCAL IMPACT: N/A RECOMMENDATION: Adoption of the resolution accepting the Town Center CRA Finding of Necessity Report. With this adoption the City Manager will bring an ordinance forward for Council consideration establishing the CRA. POTENTIAL MOTION: "I move to approve the resolution and acceptance of the Town Center Community Redevelopment Area Finding of Necessity Report, as presented." fra/l.,/, /}//../ ~7r / {,/t;f,t4dtf'" ./ - Ff:J'" -... /J: {/,- Reviewed by Department Director Reviewed by City Manager RESOLUTION NO. 2010- A RESOLUTION OF THE CITY OF MARCO ISLAND, FLORIDA, RELATING TO COMMUNITY REDEVELOPMENT PURSUANT TO CHAPTER 163, PART III, FLORIDA STATUTES (THE "COMMUNITY REDEVELOPMENT ACT"); SAID RESOLUTION BEING SUPPORTED BY DATA AND ANALYSIS; DEFINING THE MARCO ISLAND TOWN CENTER COMMUNITY REDEVELOPMENT AREA; FINDING THE EXISTENCE OF CONDITIONS IN THE MARCO ISLAND TOWN CENTER COMMUNITY REDEVELOPMENT AREA THAT WARRANT THE CREATION OF A COMMUNITY REDEVELOPMENT AREA; MAKING A LEGISLATIVE FINDING THAT CONDITIONS IN THE MARCO ISLAND TOWN CENTER COMMUNITY REDEVELOPMENT AREA MEET THE CRITERIA DESCRIBED IN SECTION 163.340 (7) OR (8), FLORIDA STATUTES ("FINDING OF NECESSITY"); PROVIDING FOR FILING WITH THE CITY CLERK; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Florida Legislature duly enacted Chapter 163, Part III, Florida Statutes (the "Community Redevelopment Act") establishing the conditions and procedures for the establishment of community redevelopment areas and agencies; and finding that coastal and resort tourist areas or portion thereof which are deteriorating or economically distressed could be revitalized and redeveloped in a manner that will vastly improve the economic and social conditions of the community; and WHEREAS, the City of Marco Island Planning Board has held multiple public meetings to consider the need for redevelopment in the Town Center area of Marco Island; and WHEREAS, the City of Marco Island provided general public notice and mailed over 1,100 individual invitations to property owners and residents inviting their participation at two community workshops on April 13 and April 18, 2009 to solicit comments and suggestions regarding redevelopment; and WHEREAS, the City of Marco Island commissioned Kimley-Horn and Associates, Inc. to prepare an independent finding of necessity analysis of the Town Center area; and WHEREAS, the City of Marco Island Planning Board, following public meetings on October 2, 2009, and November 13, 2009 reviewed the independent Town Center Community Redevelopment Area Finding of Necessity Report 2009 prepared by Kimley-Horn and Associates, Inc., considered public input, the recommendation of the staff, and the standards and guidelines of Chapter 163, Part III, and voted 7 in favor and none opposed to recommend that the Marco Island City Council accept the Finding of Necessity Report and proceed with consideration to establish a community redevelopment area; and WHEREAS, the Marco Island City Council considered the recommendations of the Planning Board on December 7, 2009 and authorized the City Manager to proceed with the required steps to formally consider the Finding of Necessity Report pursuant to Chapter 163, Part III; and WHEREAS, pursuant to Section 163.346, Florida Statutes, the City of Marco Island has provided public notice of its intent to consider adopting a resolution declaring a finding of necessity for creation of the Marco Island Town Center Community Redevelopment Area at least fifteen (15) days before such proposed action by registered mailed notice to each taxing authority which levies ad valorem taxes on real property contained within the geographic boundaries of the proposed redevelopment area and in compliance with the notice requirements set forth in Section 166.041 (3)(a), Florida Statutes; and WHEREAS, conditions are present which are detrimental to the sound growth of the Marco Island Town Center Redevelopment Area and which substantially impair or arrest appropriate growth within the area, and present conditions and uses which are detrimental to the public health, safety, morals and public welfare; and WHEREAS, the Town Center Community Redevelopment Area Finding of Necessity Report confirmed that: conditions in the area meet the criteria described in Section 163.340 (7) or (8), blighted areas exist within the Town Center Community Redevelopment Area, and the rehabilitation, conservation, or redevelopment of the Town Center Community Redevelopment Area is necessary in the interest of public health, safety, morals or welfare of the residents of Marco Island; and WHEREAS, the Town Center Community Redevelopment Area is a coastal and tourist area that is deteriorating and economically distressed due to outdated building density patterns, inadequate transportation and parking facilities, faulty lot layout and inadequate street layout; and WHEREAS, the Town Center Community Redevelopment Area contains a substantial number of deteriorated, or deteriorating structures, in which conditions, as indicated by the Finding of Necessity Report, are leading to economic distress; and WHEREAS, within the Town Center Community Redevelopment Area there is a predominance of defective or inadequate street layout, parking facilities, roadways, drainage facilities, or other public infrastructure; and WHEREAS, aggregate assessed values of real property in the Town Center Community Redevelopment Area for ad valorem tax purposes have failed to show any appreciable increase and in fact such values have declined at rates significantly greater than that of the City of Marco Island and Collier County as a whole; and WHEREAS, within the Town Center Community Redevelopment Area there exists faulty lot layout in relation to size, adequacy, accessibility, or usefulness; and WHEREAS, within the Town Center Community Redevelopment Area there exists unsafe or unsanitary conditions; and WHEREAS, within the Town Center Community Redevelopment Area there exists inadequate or outdated building density patterns; and WHEREAS, within the Town Center Community Redevelopment Area there exists a substantial commercial vacancy rate; and WHEREAS, within the Town Center Community Redevelopment Area there exists an incidence of vehicle accidents at a rate higher than those in other areas of the City of Marco Island; and WHEREAS, the Town Center Community Redevelopment Area exhibits a diversity of ownership and unusual property configurations which prevent the free alienability of land; and WHEREAS, within the Town Center Community Redevelopment Area there exists a significant degree of nonconformities relative to parking, stormwater management, landscaping, architectural design and community standards; and WHEREAS, the Town Center Community Redevelopment Area can be revitalized or redeveloped in a manner that will vastly improve the economic and social conditions of the community; and WHEREAS, after considering the recommendation of the Planning Board and after providing proper notice to all taxing authorities which levy ad valorem taxes on real property in the redevelopment area, and providing the public an opportunity to present testimony and evidence, the City Council, finds as a matter of fact that conditions exist which warrant the creation of a community redevelopment area. NOW THEREFORE, BE IT RESOLVED BY THE MARCO ISLAND CITY COUNCIL, THAT: Section 1. Recitals. The above recitals are true and correct, are hereby accepted as legislative findings of fact, and incorporated into this Resolution by this reference. Section 2. Approval. This Resolution is supported by data and analysis and the City Council makes a legislative finding of fact that the conditions in the Marco Island Town Center Community Redevelopment Area meet the criteria described in Section 163.340 (7) or (8), Florida Statutes. The City Council adopts the Town Center Community Redevelopment Area Finding of Necessity Report prepared by Kimley-Horn and Associates, Inc. ("Exhibit A", attached hereto) and in accordance with Section 163.356, Florida Statutes finds that there is a need for a community redevelopment area for the Town Center area of the City of Marco Island. The geographic area of the Marco Island Town Center Community Redevelopment Area is designated as depicted on the map attached hereto as "Exhibit B". Section 3. Recordation Required. This Resolution relating to the Marco Island Town Center Community Redevelopment Area shall be recorded in the Minutes of this Board and filed with the Marco Island City Clerk's Office. Section 4. Effective Date. This Resolution shall take effect immediately upon adoption. The foregoing Resolution was adopted this 151 day of March, 2010. Attest CITY OF MARCO ISLAND, FLORIDA By: Robert J. Popoff, Chairman Laura M. Litzan, City Clerk SEAL) Reviewed for legal sufficiency; By: Alan L. Gabriel, City Attorney City (Q)f M<8lJPc(Q) l[snanJ Citp..f November 20, 2009 Marco Island City Council Marco Island, Florida Re: Town Center Planning District CRA Finding of Necessity Report Dear Council, On October 2, 2009, the Planning Board reviewed a presentation of the Finding of Necessity Report prepared by Kimley-Horn Associates. The presentation included an analysis of the criteria necessary for establishment of a Community Redevelopment Area (CRA) for planning and funding of public improvements within the Town Center Planning District. Subsequently, on November 13, 2009, the Planning Board voted in unanimous support of the report and recornmends that City Council proceed with the next steps necessary for formal establishment of a CRA. Recognizing the Community's desire and the need to make public improvements within the City's Town Center Planning District, the Planning Board looks forward to our continuing participation in this planning initiative. If you have questions or require additional information prior to Kimley-Horn's presentation to Council, please contact me. r~rel~ \ -~- ~ Dr. James C. Iviere, Chairman Marco Island Planning Board C/ Steve Olmsted, AICP Comrnunity Development Director 1;:: ;~,lJ h.'1Jri .\tll<T :,-;.j] ~1 f\4)L; I,' ('()!)) ,~-~I)^-1 \y \\'-" : 1 D 1::1 d -',1;-,1 f, () :Cl Office of the County Manager Leo E. Ochs, Jr. 3301 East Tamiami Trail' Naples Florida 34112. (239) 252-8383' FAX: (239) 252-4010 January 21. 2010 Mr. Steven T. Thompson City Manager City of Marco Island 50 Bald Eagle Drive Marco Island FL 34145 Dear Steve, Thank you for considering the County's interests as Marco Island pursues establishment of a community redevelopment area (eRA) for the Town Center Area. It was helpful to receive information on the City's development district plans during our January 71h meeting. While Collier County as a non charter county has no statutory right to prevent enactment of a eRA by the City, I appreciate your efforts to consult early on with the County and consider an inter-local agreement stipulating to various financial, enactment and progress provisions which can offer some measure of County protection given the length of time which the CRA may exist and the unprediclability ofT1F increment revenue which may be generated within the trust fund. The following is a list of provisions which the County would like to have memorialized within an inter-local agreement; ,. Schedule and conduct a public hearing at the Collier County Board Room to allow for public input on the CRA prior to any enabling legislation which the Marco Island City Council may consider ,. Limit the CRA's term to 20 years with the understanding that ifT1F revenue generated exceeds $7,500,000, then the County has the ability to open the inter-local agreement and re-negotiate the increment payment terms ,. Establish a sliding scale under which TIF increment from the County's General Fund would be remitted: for example - remit 95% of the increment for the first three years; remit 75% for years four through six and thereafter 50% of the increment would be remitted; however, in no event shall the County's TIF increment exceed that amount contributed by the City . Provision providing that the County review and comment upon any debt financing where the pledge is tax increment revenues . Presentation of an annual report to the Board of County Commissioners . Provide the County with a copy of the CRA's annual budget prior to adoption annually by the City Once again, thank you for the opportunity to discuss this important matter of mutual interest to our communities and we look forward to further discussions leading toward an inter-local agreement. Sin~erely. J~ "",. .\ Leo E Ochs. Jr. County Manager CC: Commissioner Donna Fiala, District 1, Board of County Commissioners Mark Isackson, Corporate Financial Planning and Management Services, County Manager's Office Usa Douglas, Public Infonnation Coordinator, City of Marco Island (~: i lty of M,BUPCO JIslanJ '.....,,,, February 2,2010 Mr. leo Ochs, Jr., County Manager Collier County Government Center 3301 East Tamiami Trail Naples, Florida 34112 Re: Community Redevelopment Area (CRA) Town Center - Marco Island Dear M~ tf t) ..-- Thank you for the letter of January 21, outlining the County's thoughts with the proposed Town Center Community Redevelopment Area (CRA) on Marco Island. I appreciate the thoughtful approach that you and your staff bring to this discussion, and the outstanding and cooperative relationship that we have with all of the staff within the Collier County government. It is not my intent to generate funds beyond those necessary to pay for the public improvements required within this district. With that understanding, my intent is to recommend several limiting items concerning the CRA to City Council to further support the outstanding relationship that we have with Collier County: 1. City staff is available to hold a public meeting in the County Commission Board Room to accept public comments after the l't of March, in addition to the public meetings and hearings scheduled to be held on Marco Island. The Marco Island City Council is expected to consider a resolution adopting the finding of necessity for the CRA on March 1 ", and on March 1 5'" and April 5th City Council will consider readings of an ordinance creating the CRA. We look first to City Council to provide direction by adopting the finding of necessity on March 1 ", and after that point our staff is fully available on your schedule. 2. The City will provide Collier County with the opportunity for review and comment upon any debt financing where the pledge is tax increment (TIF) revenues. 3. The City will provide a copy of the annual audit of the CRA / TIF to the Board of County Commissioners through your office. 50 Bald Eagle Drive. Marco Island, Florida 34145 (239) 389-5000 <> Fax (239) 389-4359 Mr. Leo Ochs, Jr., County Manager February 2,2010 Page 2 4. The City will annually provide the County with a copy of the CRA budget prior to adoption by the City. 5. As mentioned above, the intent is to generate only the funds necessary to pay for public improvements for the district. I will propose that the City agree to less than the forty years for the district allowed by statute. I anticipate that we will be looking for a twenty-five to thirty year term of debt, and it is in the interest of both the City and the County to keep the term of the district and debt as short as possible. This term will be developed with the financial analysis and the master plan, neither of which exist at this time. 6. If the City Council determines that debt financing is appropriate, I will recommend that in the event TIF revenues exceed the required debt service payment after the first 10 years that the City remit 50% of the funds generated by the County to the County, and that in no event shall the County's TIF increment exceed that amount contributed by the City. I am prepared to proVide this as a Memorandum of Understanding outlining the City's intent and to submit this to City Council for consideration in the ordinance creating the CRA and TIF. Thank you again for your guidance and thoughts on this important issue, and certainly look forward to working with you on this and other issues in the future. Sirl~---'1 /yf~(~ Steven T. Thompson City Manager cc: Marco Island City Council Steve Olmsted, Community Development Director 50 Bald Eagle Drive. Marco Island, Florida 34] 45 (239) 389-5000 <> Fax (239) 389.4359 f-< ~ Z d ~ Z < ~ :r ~ u ~ .., iii .... ~ ~ ....l I!l ;z: N ~ 0 '" r:: '" ori". < ~ f-< ;:J ... ....l ....l 0:,' " < < '" '" :2 f-< >- V> - 0 U ::l f-< "0 ~ 0- g :;;: N Z I ;:J '" r-- 25 0 '" 0 - <D_ O f-< a N :;;: < ~ 0 ;:J .... Cl ....l N Z < <D ~ 0 :> '" u 6 - f-< < g < :> 0> '" o u:i o o ,--: r-- ~ '" ~ < ~ >- 0- o o N