Loading...
Agenda 12/11/2012 Item #10 N12/11/2012 Item 10.N. Board of Collier County Commissioners Donna Fiala Georgia A. Hiller, Esq. Tom Henning Fred W. Coyle Jim Colette District 1 District 2 District 3 District 4 District 5 MEMORANDUM Date: November 26h 2012 To: County Manager Ochs From: Commissioner _Henning, District _3 Re: Reconsideration Presentation to review and approve the 2012 combined Annual Update and Inventory Report (AUIR) on Public Facilities and Capital Improvements Element (CIE) amendment as provided for in Chapter 6.02.02 of the Collier County Land Development Code and Section 1633177(3)(b), Florida Statutes. Please place on the December 1 I`s BCC agenda. cc: Commissioner, District _ 3299 Tamiami Trail East, Suite 303 - Naples, Florida 34112 - 5746.239- 252 -8097 • FAX 239 - 252 -3602 Packet Page -768- COLLIER COUNTY Board of County Commissioners Item Number: 10.N. 12/11/2012 Item 10.N. Item Summary: Request for reconsideration by Commissioner Henning of Item 9A from the November 13, 2012 BCC Meeting titled: Recommendation to review and approve the 2012 combined Annual Update and Inventory Report (AUIR) on Public Facilities and Capital Improvements Element (CIE) amendment as provided for in Chapter 6.02.02 of the Collier County Land Development Code and Section 163.3177(3)(b), Florida Statutes. Meeting Date: 12/11/2012 Prepared By Name: BrockMaryJo Title: Executive Secretary to County Manager, CMO 11/27/2012 7:52:23 AM Submitted by Title: Executive Secretary to County Manager, CMO Name: BrockMaryJo 11/27/2012 7:52:26 AM Approved By Name: SheffieldMichael Title: Manager- Business Operations, CMO Date: 11/29/2012 9:21:44 AM Packet Page -769- 12/11/2012 Item 10.N. EXECUTIVE SUMMARY Recommendation to review and approve the 2012 combined Annual Update and Inventory Report (AUIR) on Public Facilities and Capital Improvements Element (CIE) amendment as provided for in Chapter 6.02.02 of the Collier County Land Development Code and Section 163.3177(3)(b), Florida Statutes. OBJECTIVE: To have the Board of County Commissioners (BCC) review and approve the combined 2012 AUIR/CIE on public facilities and the corresponding specific projects and associated funding sources for inclusion in the Schedule of Capital Improvements within the Capital Improvement Element during the FY12 /13 annual update (only Category "A" Public Facilities are included in the CIE). BACKGROUND: Chapter 163, Part H, Florida Statutes requires the County to adopt certain Land Development Regulations (LDR's) to implement its Growth Management Plan (GMP) adopted on January 10, 1989. Section 6.02.00 of the LDC requires the County to, "Provide that public facilities and services meet or exceed the standards established in the CIE required by Section 163.3177 and are available when needed for the development..." This Section of Chapter 163, Part II, Florida Statutes is commonly known as the concurrency requirement. Accordingly, on March 21, 1990, the BCC adopted the Collier County Adequate Public Facilities Ordinance No. 90 -24. This Ordinance was subsequently codified in Chapter 6.02.02 of the Land Development Code (LDC). Chapter 6.02.02 of the LDC established a management and monitoring program for public facilities, which provides for an annual determination of Level of Service Standard (LOSS) concurrency for Category "A" facilities and identification of additional facilities . needs. Category "A" facilities are roads, solid waste, drainage canals and structures, parks and recreation, potable water, schools and sewer collection and treatment. The AUIR also provides analysis and recommendations on Category "B" facilities for which the County has adopted LOSS and collects impact fees. The Category "B" facilities are Jails, Law Enforcement, Libraries, Emergency Medical Services, Government Buildings and the two dependent fire districts, Ochopee and Isle of Capri. Adoption of Category `B facilities LOSS are necessary in order to legally validate impact fees for these facilities. Additionally, this year's process will ask the BCC to provide direction on maintaining Schools within the Capital Improvement Element and the concurrency management system. HB7202, signed by the Governor on June 3, 2011, grants the County the option of excluding components of the concurrency management system. GROWTH MANAGEMENT IMPACT: The preparation and presentation of the AUIR to the Collier County Planning Commission (CCPC) and BCC meets the requirements of Chapter 6.02.02 of the Land Development Code for an annual determination of the status of public facilities. BCC direction to include the projects identified in the AUIR in a financially feasible FY12 -13 Annual CIE Update and Amendment will establish and maintain concurrency for Category "A" public facilities, except roads, for the next twelve (12) months. Road projects needed to remedy LOSS deficiencies must be in the first or second year of the Schedule of Capital Improvements. The CIE is no longer statutorily required to be financially feasible and as such there. is greater flexibility in the placement of capital projects within the five year schedule. It should be noted, 2012 AUIit/CIE EXECUTIVE SUMMARY Pagel Packet Page -21- Packet Page -770- 12/11/2012 Item 10. N. there is still the local requirement to -1 provide a financially feasible CIE, dictated by the GMP, with the conceptual understanding that as projects migrate closer to year one of the five year CIE, the funding for the projects has been identified. Schools - While the Schools component is included as part of the Category "A" facilities which dictate the concurrency management system, concurrency management for schools is administered by the School District. School concurrency runs parallel with the County's concurrency management system, but is separated by the fact that it is administered by the School District. The action sought from the BCC related to .the School District's proposed Capital improvement Plan (CIP) is for a motion to include the District's CIP by reference within the CIE and that no inconsistencies are contained within the District's CIP and the other planned capital improvements within the AUIR. It should be noted that during the 2011 AUIR/CIE, the BCC directed staff to work with the School District staff and the municipalities to explore the merits of maintaining school concurrency. The School District has indicated a desire to maintain school concurrency at this time. Population - The population projections utilized with the 2012 AUIR are based upon prior BCC policy direction. The population method utilizes Bureau of Economic and Business Research (BEBR) Medium Range projections for the entire projection period, with a 20 percent seasonal adjustment factor. The below chart is a comparison of the past six years of projected population growth. 2 UIR � BEBR ear .i ,Estftnate 351,950 326,358 379,200 390,665 19.70% 333,858 347,089 009 332,854 373,996 12.02% 2.40% 333,600 is 337,874 Dll 327,062 356,770 328,339 A .., . Follow�n 5 Year BEBR Growth Pr ©' ections . 5-Year Growth ; ,Percece nt Growth Percent . Aiiinualized ;. 339,068 351,950 365,321 379,200 390,665 19.70% 3.94% 347,089 353,900 363,809 373,996 12.02% 2.40% 340,409 331,800 337,874 344,058 350,356 356,770 7.19% 1.44% 339,786 346,087 352,505 359,042 365,700 9.62% 1.92% 332,699 338,433 344,267 350,200 356,788 9.08% 1.81% 337,446 342,000 348,720 355,440 8.25% 1.65% 332,893 *Reconciled with 2010 Census figures From review of the above table, which depicts the permanent population projections utilized for the past six years, 2012 provides a fourth year in which the annualize growth rate is projected at under two percent of the total population. One fact that is being provided for by this year's AUIR/CIE is that currently within most AUIR/CIE components, the adopted LOSS are being met and can be maintained longer than previously projected. The recalibration of Collier County's population through the 2010 Census has provided additional capacity to each of the AUIR/CIE population based systems. This decrease results in extending the time before the next unit of improvement is 2012 AUIR/CIE EXECUTIVE SUMMARY Packet Page -22- Packet Page -771- Pa,-. ,e 2 12/11/2012 Item 10. N. needed. This fact is reflected in that Transportation and Stormwater are the only two concurrency management components with projects scheduled within the five year CIE; these components do not use population as a measure for LOSS. One final note related to population and demand for public infrastructure and services relates to the County's current vacancy rate. The demands being placed upon County systems are below what the number of dwelling units available would expect to exert upon those systems, due primarily to the County's vacancy rate. With a higher vacancy rate, a smaller percentage of available units are demanding service from the County systems. When these units begin to become absorbed back into the permanent or seasonal population bases, they will again begin to exert demands upon the systems available. What is noteworthy about this fact is that those demands will not be accompanied by the impact fee revenue associated with units newly added to the market and therefore, additional funds will not be generated to satisfy the increased demands placed upon the systems as units become occupied. LEGAL CONSIDERATIONS: House Bill 7207 of 2011, now known as the Community Planning Act, revised Section 163.3177(3)(b), FS to provide that "...Modifications to update the 5 -year capital improvement schedule may be accomplished by ordinance and may not be deemed to be amendments to the local comprehensive plan." Since the modification to the capital improvement schedule is not a Growth Management Plan amendment, a majority vote of the Board is needed for adoption. This item is ready for Board consideration and approval. —HFAC FISCAL IMPACT: Revenues are required to fund the CIE projects proposed in the 2012 AUIR/CIE for the FY 12-13 thru FY 16-17 planning period to maintain a financial feasibility of the CIE for category "A" facilities. Current and Proposed revenues needed to fund public facility construction/expansion for the FY12 -13 thru FY16 -17 CIE planning period are set forth in each respective capital facilities section of the 2012 AUIR/CIE. Project expenditures in excess of estimated impact fee, gas tax, and user fee revenues receipts and funded bonds, are reflected as . being augmented by General Fund Revenues in the body of this document. "General Fund Revenues" are defined as existing sales tax revenues and other state shared revenues, or ad valorem allocations at the discretion of the BCC. It should be noted that all projects identified within the Category "A" facilities have identified funding for the improvement. Additionally, spreadsheets detailing the revenue and debt service for the divisions /departments for the 5 -year CIE period, as well as the long term debt financing schedules have been provided within the AUIR/CIE book appendix. COLLIER COUNTY PLANNING COMMISSION (CCPCI RECOMENDATION: The CCPC provided the BCC a recommendation of unanimous approval of all sections of the 2012 AUIR/CIE as presented. Additionally, the CCPC recommended to the BCC to maintain school concurrency. REQUESTED ACTION: That the Board of County Commissioners: 1. Find based on the 2012 AUIR that adequate Drainage Canals and Structures, Potable Water, Sewer Treatment and Collection, Solid Waste, Public Schools and Parks and Recreation facilities will be available, as defined by the Collier County Concurrency Management System, as implemented by Chapter 6.02.02 of the LDC, to support development order issuance until presentation of the 2013 AUIR. 2. Provide a motion that there is sufficient road network capacity in the Transportation Concurrency Management Database for continued operation of the real -time declining balance ledger to support development order issuance. 2012 AUIR/CIE EXECUTIVE SUMMARY Packet Page -23- Packet Page -772- Page 3 12/11/2012 Item 10.N. 3. Provide a motion for the School District's CIP to be included by reference within the FY 12 -13 Schedule of Capital Improvements of the Annual CIE Update. 4. Approve the Ordinance relating to the Capital Improvement Element of the Collier County Growth Management Plan to incorporate projects based on the 2012 Annual Update and Inventory Report on Public Facilities (AUIR), including updates to the 5- Year Schedule of Capital Improvements (for Fiscal Years 2013 — 2017) and the Schedule of Capital Improvements for Future 5 -Year Period (for Fiscal Years 2018 — 2022). 5. Provide direction to maintain School Concurrency. Prepared- by: Mike Bosi, AICP, Interim Director, Planning and Zoning Department, Growth Management Division. Attachments 1. CIE Approval Ordinance 2. AUIR/CIE Adoption Notebooks.* * It should be noted that due to the importance of viewing color maps and figures found in the AUIR/CIE adoption notebook, the full notebook is being provided to Commissioners in both hard copy format [in full color] and as an upload into the "workflow" side of the SIRE (Agenda Central) viewing system [grey -tones only]. A Public View Copy has been provided for public viewing opportunities during office hours at the following locations: the County Manager's Office at Building "F ", Second Floor, Administration Building, Collier County Main Government Center, 3299 Tamiami Trail East, Naples FL, 34112; the Comprehensive Planning Office, Growth Management Division, 2800 North Horseshoe Drive, Naples FL, 34014; the County Clerk's Office at Building "F ", Fourth Floor, Administration Building, Collier County Main Government Center, 3299 Tamiami Trail East, Naples, 34112; and, at the North Collier Government Center, 2335 Orange Blossom Drive, Naples, FL, 34109. The full Report can be found on -line at http: / /www.colliergov.net/index.aspx ?page =1581 oft G:ICDES Planning ServiceslConnprehensive=2 AUIR- CIEWai°rials for BCC AUIR BooklExec Summary_2 AUIR -CIE BCC- 10- 15- 12.docx 2012 AUIR/CIE EXECUTIVE SUMMARY Packet Page -24- Packet Page -773- Page 4