Agenda 06/23/2015 Item #16F 36/23/2015 16.F.3.
EXECUTIVE SUMMARY
Recommendation to accept the sixth annual report on. the "Impact Fee Program for Existing
Commercial Redevelopment" and approve a resolution extending the Program to July 1, 2016,
based on the continuing interest in the Program.
OBJECTIVE: That the Board of County Commissioners (Board) accepts the sixth annual report on
the "Impact Fee Program for Existing Commercial Redevelopment" and approves a resolution
extending the Program to July 1, 2016, based on the continuing interest in the Program.
CONSIDERATIONS: On March 24, 2009, the Board adopted Ordinance No. 2009 -14, which
established the "Impact Fee Program for Existing Commercial Redevelopment." The development of
this Program arose from two basic problems: 1) a large number of older buildings throughout Collier
County were unable to attract tenants due to the economic downturn combined with the required
payment of additional impact fees related to changes of use; and 2) tenants that were unable to find
space in existing buildings due to the required payment of additional impact fees related to changes of
use. The "Impact Fee Program for Existing Commercial Redevelopment" provided a solution to both
of these issues. Similar to other economic incentive programs, this Program provides economic relief
to a targeted problem.
Since the initial Program adoption, the Board has implemented changes to the Program based on the
input of various members of the building industry, including the (former) Economic Development
Council of Collier County, the (former) Collier County Productivity Committee, the Development
Services Advisory Committee (DSAC) and leadership of the Collier Building Industry Association
(May 2010) and the expansion of the Program to include impact fee assessments for Water and
Wastewater, meeting specificd criteria (November 2013).
The adopted program provisions are as follows:
Collier County Code of Laws and Ordinances - Chapter 74
74 -201. Imposition of Fees
(5) Impact Fee Program for Existing Commercial Redevelopment. Proposed developments which
meet the criteria set forth below shall not be assessed additional impact fees related to chan 2es
of use within the existing buildings, except for water and wastewater impact fee assessments
which are exempt from this program. This program will officially sunset two years from the
date of adoption unless continued by a resolution of the Board of County Commissioners prior
to this date.
a. Development is proposed within a lawfully existing building which has had a
Certificate of Occupancy issued for at least 3 years. Impact fees for the existing
building must have been paid the then applicable impact fees at time of construction;
and
b. Proposed development is solely within the existing building and does not include the
addition of any new square footage.
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6/23/2015 16.F.3.
C. Demolition and reconstruction projects are not eligible for this program.
d. For the purposes of water and wastewater impact fees, projects that require an existing
meter to be upsized are not eligible for this program.
Beginning in 2010, and annually thereafter, the Board has reviewed the Annual Report on the "Impact
Fee Program for Existing Commercial Redevelopment" which, in accordance with Board direction,
provides detailed information on the participation in the Program and the fiscal impact on each of the
affected impact fee trust funds.
On March 12, 2013 the Board accepted the fourth annual report on the "Impact Fee Program for
Existing Commercial Redevelopment" and approved a resolution extending the program to July 1,
2013. On June 25, 2013, the Program was further extended to July 1, 2014, and on June 24, 2014
the Program was further extended to July 1, 2015. Since the Board approved the extension in 2014,
interest and participation in the Program has remained steady, with 21 businesses qualifying to
participate.
The 21 new applicants bring the total participants, over the history of the Program, to 137 businesses
assisted, and as noted above, interest in the Program continues. Accompanying this item is a
Resolution, for Board consideration, to extend the sunset of the Program to July 1, 2016. However, if
the Board does not desire to extend the Program it will sunset on July 1, 2015.
The following chart provides a list of the types, and amounts by type, of changes of use that are
participating in this Program in Year 5. The land uses indicated correspond to the closest applicable
land use for establishing the impact fee rates to be applied. These categories do not dictate the land use
classifications for zoning purposes.
Change of Use
Number of Applicants in Program
Year 6
Warehouse to General Industrial
I
Warehouse to Office
3
Retail to Medical Office
4
Retail to Restaurant
I
Office to Medical Office
4
Car Wash — Bay Increase
I
Restaurant — Seat Increase
I
Retail to Office
2
Retail to Church
I
Retail to Salon
3
Total
21
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6/23/2015 16.F.3.
FISCAL IMPACT: The following is a breakdown, by impact fee type, of the total impact fees that
were not assessed for the qualifying changes of use. The decline in the Cumulative Total is related to
the land uses of the participating businesses (lower intensity) not the number of Program participants,
and Year 4 included 3 additional months due to the timing of the Program extensions.
Impact
Fee Type
Year 1
Year 2
Year 3
Year 4
Year 5
Year 6
Correctional
Facilities
$26,174.52
$29,395.10
$32,042.88
$57,670.41
$8,396.10
$6,948.79
(Jail)
Emergency
Medical
$11,398.70
$13,787.52
$8,588.64
$15,413.15
$2,203.31
$1,508.88
Services
Government
Buildings
$59,786.64
$74,214.86
$49,852.52
$88,816.80
$12,996.08
$8,852.81
Law
Enforcement
$21,065.73
$26,744.34
$3,696.30
$7,790.96
$7,113.15
$4,867.60
Road
$1,147,851.95
$958,874.17
$587,663.04
$1,079,422.72
$165,434.70
$359,267.63
Water
$0.00
$0.00
$0.00
$0.00
$113,457.00
$37,498.50
Sewer
$0.00
$0.00
$0.00
$0.00
$113,988.00
$37,674.00
Cumulative
Total
$1,266,277.54
$1,103,015.99
$681,843.38
$1,249,114.04
$423,588.34
$456,618.21
The benefits of the Program include encouraging new business within Collier County, retention and
expansion of existing businesses in Collier County and absorption of a portion of the supply of vacant
commercial lease space, in older buildings. If this program was not available, the alternate option for
such customers would have been to continue seeking out tenant spaces in which the impact fees had
been paid for a use similar to the type they were proposing or abandon plans to relocate /expand. In
either case, the County would not collect any additional impact fees.
GROWTH MANAGEMENT IMPACT: This Program is consistent with Policy 3.12 of the
Economic Element of the GMP which states: "Collier County, in coordination with other appropriate
entities, will support the establishment and retention of small businesses throughout the County. "
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Additionally, this Program does not in any way negate or waive existing zoning laws. Any relocation
of a new or existing business into an existing facility generates the need for a Zoning Certificate from
the Zoning Department and the subsequent issuing of a Business Tax Receipt from the Collier County
Tax Collector. Staff, through issuing the Zoning Certificate, verifies that the new business location is
properly zoned to allow for the business to legally operate at a new location. Additionally, prior to
issuing a Zoning Certificate, staff reviews the proposed business location to ensure that the site
provides the required number of parking spaces and meets the minimum landscape code requirements.
If the new business location is not located within a zoning district that permits the proposed use, the
Zoning Certificate is denied and the business owner is directed to consider other areas within the
County that are appropriately zoned for the proposed use. In the alternative, the applicant is advised of
the option to seek to rezone the property to a zoning district that would allow the proposed commercial
use. All rezoning applications first have to be found consistent with the applicable elements of the
Collier County Growth Management Plan (GMP) as well as found to be compatible with the adjacent
land uses. If deemed inconsistent with the Comprehensive Plan, the applicant would have to seek an
amendment to the GMP.
LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney, is approved as
to form and legality, and requires majority support for approval. -JAK
RECOMMENDATION: That the Board of County Commissioners accepts the fifth annual report on
the "Impact Fee Program for Existing Commercial Redevelopment" and approves a resolution
extending the Program to July 1, 2016, based on the continuing interest in the Program.
Prepared by: Paula Fleishman, Senior Operations Analyst
Office of Management and Budget
Attachments:
1) Proposed Resolution
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6/23/2015 16.F.3.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.F.16.F.3.
Item Summary: Recommendation to accept the sixth annual report on the "Impact Fee
Program for Existing Commercial Redevelopment" and approve a resolution extending the
Program to July 1, 2016, based on the continuing interest in the Program.
Meeting Date: 6/23/2015
Prepared By
Name: FleishmanPaula
Title: Operations Analyst, Senior, Growth Management Department
5/27/2015 3:32:55 PM
Submitted by
Title: Operations Analyst, Senior, Growth Management Department
Name: FleishmanPaula
5/27/2015 3:32:56 PM
Approved By
Name: PattersonAmv
Title: Manager - Impact Fees & EDC, Growth Management Department
Date: 5/28/2015 9:07:28 AM
Name: KlatzkowJeff
Title: County Attorney,
Date: 6/2/2015 4:07:44 PM
Name: IsacksonMark
Title: Division Director - Corp Fin & Mgmt Svc, Office of Management & Budget
Date: 6/5/2015 8:53:22 AM
Name: CasalanguidaNick
Title: Deputy County Manager, County Managers Office
Date: 6/6/2015 9:21:46 AM
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6/23/2015 16.F.3.
RESOLUTION NO. 2015-
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA PROVIDING FOR THE EXTENSION OF THE
SUNSET DATE OF THE "IMPACT FEE PROGRAM FOR EXISTING
COMMERCIAL REDEVELOPMENT," AS PROVIDED IN CHAPTER 74,
SECTION 74- 201(c)(5) OF THE COLLIER COUNTY CODE OF LAWS AND
ORDINANCES, FROM JULY 1, 2015 TO JULY 1, 2016, UNLESS OTHERWISE
EXTENDED.
WHEREAS, On March 24, 2009, the Board adopted Ordinance No. 2009 -14,
which established the "Impact Fee Program for Existing Commercial Redevelopment;"
and
WHEREAS, on March 24, 2011 the "Impact Fee Program for Existing
Commercial Redevelopment" was scheduled to sunset in accordance with Chapter 74,
Section 74- 201(c)(5) of the Collier County Code of Laws and Ordinances, unless
otherwise extended by a Resolution of the Board of County Commissioners; and
WHEREAS, on March 22, 2011 the Board of County Commissioners extended
the sunset date of the "Impact Fee Program for Existing Commercial Redevelopment" to
March 24, 2012 by way of Resolution 2011 -54; and
WHEREAS, on March 13, 2012 the Board of County Commissioners extended
the sunset date of the "Impact Fee Program for Existing Commercial Redevelopment" to
March 24, 2013 by way of Resolution 2012 -45; and
WHEREAS, this Program was identified a potential topic for discussion and /or
workshop in May of 2013; and
WHEREAS, on March 12, 2013 the Board of County Commissioners approved
a temporary extension of the Program, to July 1, 2013, due to the Program having been
identified a potential topic for discussion and /or workshop and the temporary extension
of the Program allowed businesses to utilize the Program, until the Board of County
Commissioners provided further direction; and
WHEREAS, on May 28, 2013 and June 4, 2013 the Board of County
Commissioners heard presentations and discussed impact fees and economic
development. During the workshop, many of the concerns raised by speakers related to
impact fees for commercial development; and
WHEREAS, on June 25, 2013 the Board of County Commissioners extended the
sunset date of the "Impact Fee Program for Existing Commercial Redevelopment" to July
1, 2014 by way of Resolution 2013 -149; and
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WHEREAS, on June 24, 2014 the Board of County Commissioners extended the
sunset date of the "Impact Fee Program for Existing Commercial Redevelopment" to July
1, 2015 by way of Resolution 2014 -132; and
WHEREAS, "Impact Fee Program for Existing Commercial Redevelopment"
has assisted 137 businesses over a five -year period; and
WHEREAS, an extension of the Program would allow businesses to continue to
utilize the Program, until the Board of County Commissioners provides further direction;
and
WHEREAS, staff recommends that the sunset date of the "Impact Fee Program
for Existing Commercial Redevelopment" be extended to July 1, 2016; and
WHEREAS, the Board of County Commissioners accepts the recommendations
from staff.
NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the Board of Count},
Commissioners hereby declares the sunset date of the "Impact Fee Program for Existing
Commercial Redevelopment" shall be extended to July 1, 2016, at which time the
Program shall sunset unless otherwise extended by further Resolution of the Board of
County Commissioners.
This Resolution is adopted after motion; second and majority vote favoring
adoption this day of June, 2015.
ATTEST BOARD OF COUNTY COMMISSIONERS
Dwight E. Brock, Clerk OF COLLIER COUNTY, FLORIDA
By: By:
Deputy Clerk
Approved as to form and legal sufficiency:
Jeffrey A. Klatzkow, County Attorney
TIM NANCE, Chairman
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