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Agenda 03/22/2011 Item #16A8 Agenda Changes Board of County Commissioners Meeting March 22, 2011 ITEM 16A8: THE FOLLOWING SHOULD BE ADDED TO THE EXECUTIVE SUMMARY UNDER THE RECOMMENDATION PORTION : ADDITIONALLY; DIRECT COUNTY MANAGER OR HIS DESIGNEE TO PROVIDE THE REQUIRED ANNUAL REPORT PRIOR TO THE SCHEDULED SUNSET SO THAT THE BOARD OF COUNTY COMMISSIONERS MAY CONSIDER FURTHER EXTENDING THE PROGRAM (STAFF'S REQUEST) Continue Item 16D3 to the April 12. 2011 BCC Meetinl!: Recommendation to approve and authorize the Chairman to sign Agreements with the David Lawrence Center, National Alliance on Mental Illness of Collier County, Inc., and the Collier COllIity Sheriff's Office to operate the Criminal Justice, Mental Health and Substance Abuse Reinvestment Grant and associ:! ted budget amendments. Funding has been provided through Memorandum of Understanding #LHZ25 from the Florid., ,)epartment of Children and Families. (Staff's request) Note: Item l6F:: Requires that ex parte disclosure be provided by Commission members. Should a hearing be held on thj.; item, all participants are required to be sworn in. (Staff's request) Time Certain Items: Item lOA to be heard at 9:00 a.m.; followed by Item lOB Item SA to be heard at 10:00 a.m. Item 9B Il! be heard at 11:00 a.m. Item 9C to be heard at 11:30 a.m. 3/22/2011 Item 16.A.8. EXECUTIVE SUMMARY Recommendation to accept the second annual report on the "Impact Fee Program for Existing Commercial Redevelopment" and approve a resolution extending the program for one year, to sunset March 24, 2012, unless otherwise extended OBJECTIVE: That the Board of County Commissioners (Board) accepts the second annual report on the "Impact Fee Program for Existing Commercial Redevelopment" and approves a resolution extending the program for one year, to sunset on March 24, 2012, unless otherwise extended, 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: I) 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, ~ On March 23, 2010, the Board reviewed the I" Annual Report on the "Impact Fee Program for Existing Commercial Redevelopment," (Hem lOB) which, in accordance with Board direction, provided detailed infonnation on the participation in the Program and the fiscal impact on each of the affected impact fee tmst funds, During the Program's first year, 40 applicants participated with 20 of the applicants being new busincsscs, The majority of the applicants were refen'ed to the Impact Fee Administration Oftice through the Zoning Certificate process, During the discussion (Item lOB) the Board directed that additional information be provided, as a future agenda item, related to potential improvements to the Program based on the input of various members of the industry, including the Economic Development Council of Collier County, the Collier County Productivity Committee, tl1e Development Scrvices Advisory Committee (DSAC) and leadership of the Collier Building Industry Association (CBIA), On April 27, 2010, staff presented the input provided by the groups above, for consideration by the Board (Item lOA), The Board dirccted that the following changes, which are supported by the DSAC, Productivity Committee and staff, be implemented: . Eliminate impact fee review for changes of use in order to obtain a Zoning Certificate and/or Business Tax Receipt. Status: Staff is no longer conducting an impact fee review for changes of use in order to obtain a Zoning Certificate andlor Business Tax Receipt. ~ Packet Page -861- 3/22/2011 Item 16.A.8. . Expand the Program to include buildings that have had a CO for at least 3 years, and allow buildings to "age-in" to the Program. Status: Change implemented via Ordinance 2010-22 (May 25, 2010), 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 !ill' Existing Commercial Redevelopment. Proposed developments which meet the criteria set forth below shall not be assessed additional impact fees related to changes of use within the existing buildings, exccpt 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, c, Dcmolition and reconstruction projects are not eligible for this program, *** The following chart provides a list of the types, and amounts by type, of changes of use that are pmticipating in this Program in Year 2, The total number of businesses equals 2], with 13 of the applicants being new businesses, 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 purposcs, Packet Page -862- 3/22/2011 Item 16.A.8. Change of Use Number of Applicants in Program Year 2 General Light Industrial to Gymnastics 4 General Light Industrial to General Office 4 General Light Industrial to Retail 2 General Office to Medical 4 General Office to Restaurant 2 Intensification of Use - Restaurant I Intensification of Use - School I Retail to Bank 1 Retail to Restaurant 1 Service Station to Convenience Store I Total 21 As discussed above, based on Board direction, staff no longer performs an impact fee review for changes of use in order to obtain a Zoning Celtificate andlor Business Tax Receipt. This decision was made, in part, because the staff time and burden on the customer far exceeded any potential revenue generated from such reviews, Upon implementation of this change, it was expected that it may appear that there was an overall decline in Program activity, Participation in the Program is now identified related to Building Pennit applications or other similar land use applications (Site Development Plan Amendments, etc,), In the first year, impact fees that were not assessed by way of the program and were related to Building Permits totaled $349,614,08, related to three (3) Building Pennits, The remaining 37 participants were identified through the Zoning Certificate andlor Business Tax Receipt process, In Year 2. 16 of the 2 1 pmticipants were related to Building Pemlit applications or other similar land use applications, This represents a significant increase in activity, Further, prior to the suspension of the Zoning Certificate andlor Business Tax Receipt review, 5 applicants had already been identi1ied as qualificd participants for Year 2, within an approximate one-month timeframe, and are included as pmi of the report, Therefore, it can be assumed that a substantial number of businesses were assisted by these actions taken by the Board, and that the benefits of the program in Year 2 are at least as great as those provided in Year I, Staff continues to receive a steady number of inquiries related to the progrmn, Additionally, infomlation on the program is regularly provided to members of the real estate and development communities, Therefore, knowledge of the availability of the program continues to increase, The Program was initially established for a two-year period, with a rcport to the Board after one year and again prior to the sunset The first report occurred on March 23, 2010, This item Packet Page -863- 3/22/2011 Item 16.A.8. represents the second report. Based on the success of the program over the last two years, with over 60 businesses assisted. and the continuing interest in the program, combined with the need to facilitate economic recovery in the community, staff recommends that the program be extended. Accompanying this item is a Resolution, for Board consideration, to extend the sunset of the Program for one year. to March 24, 20] 2, with the continuing option to extend, by resolution, prior to sunset. If the extension is approved, staff will continue to track the use of the program and will report again to the Board in March of 20] 2, 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, Impact Fee Type Year 1 Year 2 Correctional Facilities (Jail) $26,174.52 $29.395, 10 Emergency Medical Services $11,398,70 $13,787,52 Government Buildings $59.786,64 $74.214,86 Law Enforcement $21.065,73 $26.744,34 Road $1.147.851.95 $958.874,17 Cumulative Total $] ,266,2 77. 54 $1.103.015,99 Similar to research conducted in Year 1. staff spoke directly with many of the customers that qualified for the Program, Many of customers indicated that if the Program was not in place, and they were required to pay additional impact fees in order to open or relocate their business to a particular building, they would have elected not to move forward with the proposed use, In addition. several applicants elected to move forward with projects specifically because of the availability of this program, 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; therefore the payment of additional impact fees would not be required, In either case, the Coullty would not collect any additional impact fees and in many cases businesscs would be unable to open or relocate/cxpand, Thcrefore, the benefits of the Program. which include encouraging ncw business within Collier County, retention and expansion of existing businesses in Collicr County and absorption of a portion of the supply of vacant commercial lease space, in oldcr buildings, minimize the implied fiscal impact on the rcspcctive impact fee tnlst funds, GROWTH MANAGEMENT IMPACT: Impact Fees generate funds to be expendcd for capital improvements to public facilities necessitated by growth which is consistcnt with Policy 2 of the Capital Improvement Element (CIE) of thc Collier County GrO\\1h Management Plan Packet Page -864- 3/22/2011 Item 16.A.8. (GMP), which states: "Future development will bear a proportionate cost of facility improvements necessitated by growth" While many of the new and existing business noted that the program was a key factor in their decision to proceed, it should also be noted that their corresponding increase in impacts to public facilities, especially roads, were not addressed, Long ternl, this could negatively impact the County's ability to address any potential transpOltation infrastructure improvements necessitated by the changes in use, Although the Program limits the additional impact fees tllat will be assessed for changes of use, despite the intensification of use and dcmand on public facilities, this type of program for redevelopment 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 ofsmal! businesses throughout the County. " 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 Celtificate, 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 adjaccnt land uses, If deem cd inconsistcnt with the Comprehensive Plan, the applicant would have to seek an amcndment to the GMP, LEGAL CONSIDERATIONS: atTirmative vote, -JAK This itcm raises no legal Issues, and reqUlres majority RECOMMENDA TION: That the Board of County Commissioners accepts the second annual report on the "Impact Fee Program for Existing Commercial Redevelopment" and approves a resolution extending the program for onc year, to sunset on March 24. 2012, unless otherwise extended, Prepared by: Amy Patterson. Impact Fee and Economic Development Manager Grov,th Managcment Division - Planning and Regulation Attachments: 1) Proposed Resolution Packet Page -865- 3/22/2011 Item 16.A.8. COLLIER COUNTY Board of County Commissioners Item Number: 16A8, Item Summary: Recommendation to accept the second annual report on the "Impact Fee Program for Existing Commercial Redevelopment" and approve a resolution extending the program for one year, to sunset March 24, 2012, unless otherwise extended. Meeting Date: 3/22/2011 Prepared By Name: PattersonAmy Title: Manager - Impact Fees & EDC,Business Management & 2/24/2011 11: 19:44 AM Approved By Name: Puigludy Title: Operations Analyst, CDES Date: 2/25/20] 1 2:47:06 PM Name: TaylorLisa Title: Management/Budget Analyst,Transportation Administr Date: 3/1120 II 10:51:35 AM Name: FederNorm Title: Administrator - Growth Management Div,Transportati Date: 311/2011 11:24:21 AM Name: MarcellaJeanne Title: Executive Secretary, Transportation Planning Date: 3/1/2011 12:42:48 PM Name: KlatzkowJeff Title: County Attorney. Date: 3/11/2011 3:26:41 PM Name: UsherSusan Title: Management/Budget Analyst, Senior, Office of Manage Date: 3/14/20114:53:12 PM Packet Page -866- 3/22/2011 Item 16.A.8. Name: KlatzkowJeff Title: County Attorney, Date: 3/15/2011 12:09:52 PM Name: OchsLeo Title: County Manager Date: 3/15120113:18:45 PM ",,,""- Packet Page -867- ~/0A8 RESOLUTION NO.2011- 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 MARCH 24, 2011 TO MARCH 24, 2012, UNLESS OTHERWISE EXTENDED. WHEREAS. On March 24. 2009. the Board adopted Ordinance No. 2009- 14, which established the "Impact Fce Program for Existing Commercial Redevc]opment:" and WHEREAS. on March 24, 2011 the "Impact Fcc Program for I:xisting Commercial Redevelopment" is scheduled to sunset in accordance with Chapter 74. Section 74-201(c)(5) of the Collier County Code of Laws and Ordinances, unless othcrv.'ise extended by a Resolution of the Board of County Comm issioners: and WHEREAS, "Impact Fcc Program for Existing Commercial Redevelopment" has assisted over 60 businesses over a tv.'o-year period: and WHEREAS. staff recommends that the sunset date of the "Impact Fee Program for Existing Commercial Redevelopment" be extended to March 24, 2012, based on the overall benefit provided to the community by the Program; and WHEREAS, the Board of County Commissioners accepts the recommendations from stan: NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA. that: The Board or County Commissioners hereoy declares, the sunset dak of the .'Impact Fee Program for Existing Commercial Redevelopment"" shall be extended to March 24, 2012, at which time the Program shall sunset unless otherwise extended by a Resolution of the Bourd of Count)' Commissioners. This Resolution is adopted after motion; second and majority vote favoring adoption this day of 2011. Underlined texll~ added, 8fAl.el.-~ lext l~ delel~d ATTEST Dwight E. Brock, Cli:rk By: Deputy Clerk Approved as to form and kgal sufficiency: Jeffrey Klatzkow, County Attorney BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY. FLORIDA By: FRED W. COYLE. Chairman Page2of2 -=#(fo48