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Agenda 06/14/2011 Item #17D . . . 6/14/2011 Item 17.D. EXECUTIVE SUMMARY Recommendation to adopt an Ordinance amending Chapter 74 of the Collier County Code of Laws and Ordinances (The Collier County Consolidated Impact Fee Ordinance) providing for modifications to the provisions related to the annual payments required to obtain and maintain a Certificate of Public Facility Adequacy. A report to the Board of County Commissioners will be provided, on program/development activity one year after the effective date of the changes, as directed by the Board of County Commissioners on May 10, 2011. Additionally, that the Board of County Commissioners direct the County Attorney and the County Manager, or his designee, to prepare the necessary amendments to the Collier County Land Development Code, to accommodate these types of payment changes and specify Chapter 74 of the Collier County Code of Laws and Ordinances as the controlling provisions, to be included as part of the next scheduled update cycle. OBJECTIVE: That the Board of County Commissioners (Board) adopts an Ordinance amending Chapter 74 of the Collier COlli1ty Code of Laws and Ordinances (Code), which is the Comer County Consolidated Impact Fee Ordinance, in order to modify provisions related to the annual payments required to obtain and maintain a Certificate of Public Facility Adequacy (COA) as provided in Section 74-302(h) of the Code. A report to the Board of County Commissioners will be provided, on program/development activity as a result of the changes, one-year after direction given by the Board of County Commissioners on May 10, 2011. Additionally, that the Board of County Commissioners direct the County Attorney and the County Manager, or his designee to prepare the necessary amendments to the Collier County Land Development Code (LDC), to accommodate these types of payment changes and specify Chapter 74 of the Collier County Code of Laws and Ordinances as the controlling provisions, to be included as part of the next scheduled update cycle. CONSIDERATIONS: On May 10, 2011, Item laD was presented to the Board, which provided information relative to the proposal, dated March 9, 2011, from Richard Yovanovich, Esq., to County Manager Ochs, related to the upfront payment of Transportation Impact Fees. The proposal provided that the payment schedule for obtaining a COA be modified to require that 33% of the estimated Transportation Impact Fees be paid at SDP, Final Plat or other similar final local development order. A COA would then be issued in perpetuity for the approved development (units or square footage) and therefore vesting transportation concurrency for the project. The balance of Transportation Impact Fees would continue to be paid at building permit issuance. The proposal is designed to continue to provide adequate upfront funding for road projects, which allows the County to construct required infrastructure in advance of the completion of projects that create the demand, but also allows developers to retain sufficient funding to move forward with projects. By way of that agenda item, the Board authorized that the necessary amendments to the Code be advertised for future consideration as an Advertised Public Hearing. Additionally, the Board directed that a report be provided on program/development activity one year after the effective date of the Code changes in order to evaluate if any further modifications are needed. Packet Page -2332- 6/14/2011 Item 17.D. . The proposed amending ordinance incorporates the proposed modifications to the timing and amount of payments to obtain and maintain a COA. Chapter 74 of the Code includes provisions related to conflicts with LDC provisions as follows: 74-302, - Special requirements for road impact fee *** (h) Payment of road impact fees to obtain a certificate of adequate public facilities. *** (7) This provision is to be read in conjunction with Section ] 0.02.07 of the Collier County Land Development Code. To the extent this provision conflicts with this or with any other Collier County ordinance, rule or regulation, the provisions of this section shall control. . Therefore, direction is also requested from the Board that the County Manager, or his designee and the County Attorney update Section 10,02.07 of the LDC, to accommodate these types of payment changes and further specify Chapter 74 of the Collier County Code of Laws and Ordinances as the controlling provisions, in the next available LDC cycle. The timing of these proposed changes will likely align with the one~year report to be provided. Further, specifying Chapter 74 as the controlling provisions will simplify the process for future changes and conflict that arises between the regulations during the wait time to enter an upcoming LDC cycle. FISCAL IMPACT: The fiscal impact of the proposal over the first two years of development is minor. The County will collect 33% of estimated fees vs. 40% (20% cash, 20% letter of credit) as currently required. The County will initially receive 13% more usable funds under the new proposal, however, the annual payments will not be made, therefore, the remaining balance will be paid as building permits are issued which extends the time period in which the County will ultimately receive 100% of the Transportation Impact Fees, subject to the speed at which the project develops. The proposal is based on the concept that this payment structure provides upfront funding for growth~necessitated transportation infrastructure improvements but also allows developers to retain funding to move forward with proposed projects. Further, developments that have paid significant amounts of upfront Transportation Impact Fees may be encouraged to start their projects as they will be able to direct funds to construction that were otherwise used to pay ongoing annual payments. GROWTH MANAGEMENT IMP ACT: Impact fees generate funds to be expended I for capital improvements to public facilities necessitated by growth which is consistent with Policy 2 of the Capital Improvement Element (CIE) of the Collier County Growth Management Plan (GMP), which states: "Future development will bear a proportionate cost of facility . improvements necessitated by growth." Packet Page -2333- 6/1412011 Item 17.0. . LEGAL CONSIDERATIONS: This item is legally sufficient for Board action and requires a majority vote. -JAK RECOMMENDATION: That the Board of County Commissioners adopts an Ordinance amending Chapter 74 of the Collier County Code of Laws and Ordinances, which is the Collier County Consolidated Impact Fee Ordinance, in order to modify provisions related to the annual payments required to obtain and maintain a Certificate of Public Facility Adequacy, A report to the Board will be provided, on program/development activity, one year after the effective date of the changes, as directed by the Board on May 10,2011. Additionally, that the Board of County Commissioners direct the County Attorney and the County Manager, or his designee to prepare the necessary amendments to the Collier County Land Development Code, to accommodate these types of payment changes and specify Chapter 74 of the Collier County Code of Laws and Ordinances as the controlling provisions, to be included as part of the next scheduled update cycle. Prepared by: Nick Casalanguida, Deputy Administrator Growth Management Division - Planning and Regulation and Amy Patterson, Impact Fee and Economic Development Manager Growth Management Division - Planning and Regulation . Attachments: 1) Proposed Ordinance Amendment 2) Letter from Mr. Richard Yovanovich, Esq. 3) Executive Summary - Item 10D - May 10, 2011 . PacketPage-2334- 6/14/2011 Item 17.0. . COLLIER COUNTY Board of County Commissioners Item Number: 17.0. Item Summary: Recommendation to adopt an Ordinance amending Chapter 74 of the Collier County Code of laws and Ordinances (The Collier County Consolidated Impact Fee Ordinance) providing for modifications to the provisions related to the annual payments required to obtain and maintain a Certificate of Public Facility Adequacy. A report to the Board of County Commissioners will be provided, on program/development activity one year after the effective date of the changes, as directed by the Board of County Commissioners on May 10, 2011. Additionally, that the Board of County Commissioners direct the County Attorney and the County Manager, or his designee, to prepare the necessary amendments to the Collier County land Development Code, to accommodate these types of payment changes and specify Chapter 74 of the Collier County Code of laws and Ordinances as the controlling provisions, to be included as part ofthe next scheduled update cycle. Meeting Date: 6/14/2011 ...,.1 . Prepared By Name: PattersonAmy Title: Manager - Impact Fees & EDC,Business Management & 5/23/2011 9:54:48 AM Approved By Name: PuigJudy Title: Operations Analyst, CDES Date: 5/3]/2011 9:53:56 AM Name: MarceIIaJeanne Title: Executive Secretary,Transportation Planning Date: 5/31/20113:23:52 PM Name: FederNonnan Title: Administrator - Growth Management Div,Transportati Date: 6/2/2011 7:10:07 AM . Name: KlatzkowJeff Title: County Attorney, Packet Page -2335- 6/14/2011 Item 17.0. . Date: 6/2/2011 9:18:57 AM Name: IsacksonMark Title: Director-Corp Financial and Mgmt Svs,CMO Date: 6/6/2011 10:44:54 AM Name: OchsLeo Title: County Manager Date: 6/6/2011 12:24:47 PM . . Packet Page -2336- . . . 6/14/2011 Item 17.0. ORDINANCE NO. 2011 - AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING CHAPTER 74 OF THE COLLIER COUNTY CODE OF LAWS AND ORDINANCES (THE COLLIER COUNTY CONSOLIDATED IMPACT FEE ORDINANCE) BY AMENDING PROVISIONS RELATING TO OBTAINING A CERTIFICATE OF ADEQUATE PUBLIC FACILITIES WITH RESPECT TO ROAD IMPACT FEES; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE COLLIER COUNTY CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Collier County has used impact fees as a funding source for growth-related capital improvements for transportation since 1985; and WHEREAS, on March 13,2001, the Board of County Commissioners (Board) adopted Ordinance No. 2001-13, the Collier County Consolidated Impact Fee Ordinance, repealing and superseding all of the County's then existing impact fee regulations, and consolidating all of the County's impact fee regulations into that one Ordinance, codified in Chapter 74 of the Collier County Code of Laws and Ordinances (the "Code"); and WHEREAS, through its adoption of Ordinance No. 2009-09, the Board amended Ordinance No, 2001-13, as amended, specifically provisions relating to the upfront payment of road impact fees to obtain or extend a Certificate of Adequate Public Facilities so as to allow payments over a five-year period; and WHEREAS, the Board recognizes that developers are still experiencing economic difficulties and on April 12, 2011, directed staff to review proposals and recommendations to modify the payment schedule so as provide adequate upfront funding for road projects while allowing developers to retain sufficient funding to move forward with projects. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE. Article III, Special Requirements for Specific Types of Impact Fees, Section 74-302, Special requirements for road impact fees, of the Collier County Code of Laws and Ordinances is hereby amended to read as follows: Underlined text is added; !llmel: lhrollgll text is deleted Page 1 of4 Packet Page -2337- 6/14/2011 Item 17.0. I (h) Pa~ent of road impact fees to obtain a certificate of adequate public facilities. I i 1(1) i Ie;?,) ,t31 I I I i if41 I i I I ! I I I I i I I I i ItB i I I I i I ! ! I I i I i I I I I I ! I I I ! . A five year temporary certificate of public facility adequacy (COA) shall be issued concurrent with the approval of the next to occur final local development order. At the time a temporary certificate of public facility adequacy is issued, twenty thirtv-three percent (2,() 33%) of the estimated payment based on the impact fee rute in effect at the time of the pre approyal letter will be due and deposited into the applicable impact fee trust fund. The funds will then be immediately available for appropriation by the Board of County Commissioners for transportation capital improvements and are non-refundable. Final calculation of impact fees due will be based on the intensity of development actually permitted for construction and the impact fee schedule in effect at the time of the building permit(s) application submittal, such that additional impact fees may be due prior to issuance of the building permit(s). The balance of transportation impact fees shall be paid in four additional annual installments of 20%, beginning one year after the initial 20% payment. 1.1 thc time a temporary Cat.. is issued, and the first t\venty percent (20%) of the estimated payment is paid, the applicant '.vill deposit with the County sufficient security, the form of which has been approved by the Board of County Commissioners, for a term of four years, in an amount equal to thc 20% payment Upon payme,nt of 100% of the estimated impact fees, the certificate ,vill be issued in perpetuity and the dedicated security vn.ll be released. No further advance payments will be due once actual road impact fecs are paid equal to the initial estimated impact fces. Failme to submit payment in accordance with the provisions of this subsection shall result in the follov;in;;: ~ Upon failure to cure following 10 days written demand, the County ,vill exercise its payment rights to the dedicated security; and b:- Thc matter will be refcrred to the Board of County Commissioners for rc';iew. .:\bscnt the Board finding exceptional circumstances, . the temporury certificate of public facility adequacy shall be re','oked. For those de','elopments that have secured a three year C01\, in order to extend the 'testing period for an additional five years, the balance of the estimated transportation impact fees, based on thc impact fee rute in effeet at the time of the pre approval letter, must be paid in fiye additional annual installments of 20% with the first payment being madc prior to the cxpirution datc of the three year certificate. For those developments that haye secured a three year certificate that has expired, in order to extend the vesting period for an additional five years, the balance of estimated transportation impact fees based on the impact fee rate in effect at the time of the pre approvallctter must be paid in five additional annual installments of 20%, '/lith the first payment being made within (30) thirty days of the effeeti'le date of this Ordinunee. l\t the time the . . Underlined text is added; Strusl: tlm:lllgll text is deleted Page 2 of 4 Packet Page -2338- . . . 6/14/2011 Item 17.0. fIrst twenty percent (20%) of the estimated payment is paid, the applicant will deposit \vith the County sufficient security, the form of 'Nhich has been approT/ed by the Board of County Commissioners, for a term of five years, in an amount cqual to thc 20% payment. Upon payment of 100% of thc balance of the estimated impact fees, the certificate vlill be issued in perpetuity and the dedicated security will be released. No further adyance payments will be due once actual road impact fees are paid equal. to the balance of the estimated transportation impact fees. Failure to submit payment in accordanee with the pro"t:isions of this subsection shall result in the follo\ving: (i) Upon failme to cure following 10 days vlrittcn demand, the Count)' will exercise its payment rights to the dedicated security; and (ii) The matter will be referred to the Board of County Commissioners for review. .^~bsent the BOaid finding exceptional circumstances, the temporary certificate of public facility adequacy shall be revoked. (6-2) Offsets for road impact fees assessed to building permits for impact fees paid in accordance with this subsection, as well as any remainffi.g balance of payments related to the original trn-ee year certificate, will be applied equally to the new or remaining units or square footage and will run with the subject land. (71) This provision is to be read in conjunction with Section 10.02.07 of the Collier County Land Development Code. To the extent this provision conflicts with this or with any other Collier County ordinance, rule or regulation, the provisions of this section shall control. SECTION TWO: CONFLICT AND SEVERABILITY. In the event this Ordinance conflicts with any other ordinance of Collier County or other applicable law, the more restrictive shall apply. If any phrase or portion of the Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion. SECTION THREE: INCLUSION IN THE CODE OF LAWS AND ORDINANCES. The provisions of this Ordinance shall become and be made a part of the Code of Laws and Ordinances of Collier C')unty, Florida. The sections of the Ordinances may be renumbered or relettered to accomplish such, and the word "ordinance" may be changed to "section," "article," or any other appropriate word. SECTION FOUR: EFFECTIVE DATE. This Ordinance shall be effective upon filing with the Department of State. Underlined text is added; Stru.k through text is deleted Page 3 of4 Packet Page -2339- 6/14/2011 Item 17.0. r ASSED AND DULY ADOPTED by the Board of County Commissioners of Collier ' . County~ Florida, this day of , 2011. i - i i ATTE~T: BOARD OF COUNTY COMMISSIONERS DWIGljIT E. BROCK, CLERK COLLIER COUNTY, FLORIDA I , Deputy Clerk By: FRED W. COYLE, CHAIRMAN By: Approv;ed as to form and leg~l U lciency: . . Underlined text is added; Sffilek thmugft text is deleted Page 4 of 4 Packet Page -2340- 6/14/2011 Item 17.D. COLEMAN, Yov ANOVICH & KOESTER, P.A. ATTORNEYS AT LAW .vin G, Coleman Richard D. Yovanovich Edmond E. Koester William M. Burke Gregory L. Urbancic Matthew L. Grabinski NORTHERN TRUST BANK BUILDING 4001 Tamiami Trail North Suite 300 Naples, FL 34103 239-435-3535 239-435-1218 Facsimile Linda C. Brinkman Craig D. Grider Matthew M. Jackson Alex R. Figares Jeffrey J. Beihoff Harold J. Webre Writer's Emai1: ryovanovich@cyklawfinn.com Of Counsel: Kenneth R. Johnson March 9, 2011 Leo Ochs County Manager's Office 3299 Tamiami Trail East, Suite 202 Naples, Florida 34112 Via e-mail: leoochs@colliergov.net RE: Transportation Impact Fees . Dear Mr. Ochs, A couple of years ago, the Board of County Commissioners modified its process for the collection of transportation impact fees in response to the economic down turn, The process in effect at that time required the prepayment of fifty percent of the Transportation Impact Fees at the time a final plat or site development plan (SDP) is approved and the second fifty percent is paid at the earlier of building permit issuance or three years. Under this process, a certificate of public facility adequacy (COA) was issued at the time the fifty percent was paid assuring the developer transportation concurrency. The purpose of this payment process was to assure adequate funding for roads ahead of the need for the road. If a payment is not made, the developer looses its certificate of public facility adequacy. The new (coo'ent) plan was adopted because many developers were not able to pay the second fifty percent at the three year anniversary. The current plan requires that Transportation Impact Fees be paid over a five year period in order for a final plat or SDP to be approved. At the time the final plat or SDP is approved, the developer must pay twenty percent of the transportation impact fees and post a letter of credit for another twenty percent. A COA is issued at this time. The developer effectively prepays forty percent of the transportation impact fees during the first year. Each year thereafter another twenty percent is due until one hundred percent is paid. If a building permit is issued, the difference between what has already been paid and the amount due is paid at that time. If an annual payment is not made, the COlmty calls the letter of credit and the developer looses its COA for the entire project. The developer gets no concurrency for the . funds retained by the County or obtained by calling the letter of credit. Packet Page -2341- March 9, 2010 2 6/14/2011 Item 17.0. . The Tr~sportation Impact Fee payment schedule when this impact fee was original adopted and the current payment schedule for all other impact fees required payment of Transportation Impact F~es at the time a building permit is issued. The construction of roads fell behind and the payment iprocess was changed. I i Develop$rs are still experiencing economic hard times. I have discussed with several of my clients an alternative approach that we would like the County to evaluate. We propose that at the time a final plat or SDP is approved, the developer pays one third of the then current TranspOIitation Impact Fees for the units approved in the final plat or SDP. A COA would be issued to: the developer assuring concurrency for the units approved in the final plat or SDP. The balance *,ould be paid at building permit issuance. I i We beli~ve this proposal provides the County with sufficient upfront funding of roads to allow the Couhty to stay out in front of the demand created by these projects. It also, allows developets to have sufficient funding to move forward with their projects. Thank y~U for your consideration of this proposal. If you have any questions regarding this matter, p~ease contact me. SincerelJ, 4+7:) .~ I Richard Y ovanovich I i I ! i CC: COIpmissioner Fred Coyle, Chairman (via email) Coxiunissioner Jim Coletta, Vice Chairman (via em ail) Corhmissioner Donna Fiala, District I (via email) CO$nissioner Georgia Hiller, District 2 (via em ail) COrPmissioner Tom Henning, District 3 (via em ail) ! ~ . I i RDY/dq I I I I I I I I i ! i . Packet Page -2342- . . . 6/14/2011 Item 17.D. EXECUTIVE SUMMARY Request for authorization to advertise and bring back for future consideration an amendment to Ordinance No. 2001-13, as amended, the Collier County Consolidated Impact Fee Ordinance, which would modify provisions related to the annual payments required to obtain and maintain a Certificate of Public Facility Adequacy. OBJECTIVE: To obtain the Board of County Commissioners' (Board's) authorization to advertise and bring back for future consideration an amendment to Ordinance No. 2001-13, the Collier County Consolidated Impact Fee Ordinance, in order to modify provisions related to the annual payments required to obtain and maintain a Certificate of Public Facility Adequacy (COA) as provided in Section 74-302(h) of the Collier County Code of Laws and Ordinances. CONSIDERATIONS: On June 8, 2009, new provisions became effective related to the payment requirements to obtain and maintain a COA for transportation concurrency. Prior to the changes, developments were required to pay 50% of the estimated Transportation Impact Fees for the specified development prior to the issuance of a Site Development Plan (SDP), Final Plat or other similar final local development order. A three-year COA was then issued for the development. At the end of the tllfee-year term, the second estimated 50% payment was required to be paid and the COA was then issued in perpetuity, securing the concurrency vesting for the project. The new provisions, currently in effect, allow for the upfront payments of road impact fees, required to obtain or extend a COA, to be paid over a five-year period. The provisions also require security to be deposited with the County, in the amount equal to the annual payment (20%), to be held over the course of the payment period. Upon payment of 100% of the estimated Transportation Impact Fees, the COA will be issued in perpetuity and the dedicated security will be released. On March 9, 2011, correspondence was sent to County Manager Ochs from Richard Yovanovich, Esq., related to the upfront payment of Transportation Impact Fees. The members of the Board were also copied on this communication. As stated in the correspondence, developers are still experiencing economic difficulties. The proposal provides that the payment schedule for obtaining a COA be modified to require that 33% ofthe estimated Transportation Impact Fees be paid at SDP, Final Plat or other similar final local development order. A COA would then be issued in perpetuity for the approved development (units or square footage) and therefore vesting transportation concurrency for the project. The balance of Transportation Impact Fees would continue to be paid at building permit issuance. This proposal is designed to continue to provide adequate upfront funding for road projects, which allows the County to construct required infrastructure in advance of the completion of projects that create the demand, but also allows developers to retain sufficient funding to move forward with projects. On April 12, 2011, the Board, under "Staff and Commission General Communications," directed the County Manager to bring back, on a future regular agenda, information/options related to the proposal. Packet Page -2343- 6/14/2011 Item 17.0. Staff ha$ reviewed the information contained in the correspondence. As stated in the letter, the . changes I made to the COA provisions in 2009 were designed to help developers/land owners obtain 9r maintain their COA certificates in order for development to commence or continue. The chapges implemented represented a consensus opinion, at the time that shifting the payment schedul~ from 50% down and 50% within three years to five equal 20% payments would be a significant benefit to the fiscal planning for developments. The requirement for security was implem~nted as collateral for the payment plan. i I While there has been some stabilization in the economy since 2009, many in the development comm~ity are still experiencing some degree of economic difficulty, especially due to the tight credit 4arket. Staffhas developed the following points that support the proposal. , 1. the new payment requirement lowers the amount of upfront payment required to obtain $DP, Plat, etc., from 20% payment plus 20% Letter of Credit (40% total) to 33%. 2. The requirement related to providing a Letter of Credit is eliminated. These current ~equirements are very difficult to comply with and create significant issues for the *pplicant. This security is not available for use unless the annual payment requirements ~re not met and the COA is revoked. 3. Reoccurring payments are eliminated. 4. rhis proposal will eliminate issues related to potential overpayments related to rate *eductions. 5. ~liminates uncertainty related to transportation vesting status for projects being sold, etc. 6. The proposed payment requirement continues to provide upfront funding for ~nfrastructure improvements while also allowing developers to retain sufficient funding to . ~ove projects forward. 7. impact fees are required to be paid as a prerequisite to the issuance of a building permit. I Therefore, development cannot occur without the full payment of Road Impact Fees. Based ~n the above, staff supports the changes proposed, as they provide a solution that allows the Co~nty to continue to collect a portion of the Transportation Impact Fees upfront in order to constru~t required infrastructure in advance of the completion of projects that create the demand, but als9 allows developers to retain sufficient funding to move forward with projects. Further, it establisl1es a simple process by which a development can obtain vesting for transportation concurr~ncy which can be accurately tracked by the County. I I The pr~posed amending ordinance incorporates these modifications. Upon adoption of the amenddd Code provisions, the County Manager, or his designee and the County Attorney will also se~k direction from the Board to include the required changes to Section 10.02.07 of the LDC inlthe ne>..1: available LDC cycle. I ChapteJ 74 of the Code includes provisions related to conflicts with LDC provisions as follows: ! ~4-302. - Special requirements for road impact fee 1 r** b) Payment of road impactfees to obtain a certificate of adequate public facilities. . I I I I I I Packet Page -2344- I ! I ! . . . 6/14/2011 Item 17.0. *** (7) This provision is to be read in conjunction with Section 10.02.07 of the Collier County Land Development Code. To the extent this provision conflicts with this or with any other Collier County ordinance, rule or regulation, the provisions ofthis section shall control. Staff will also solicit input :from the Development Services Advisory Committee (DSAC), regarding this proposal at its regular meeting scheduled for May 4, 2011. Due to the timing requirements for submittal of this Executive Summary, staffwill present any recommendations and/or concurrence of the DSAC during this agenda item on May 10, 2011. FISCAL IMPACT: The fiscal impact of the proposal over the first two years of development is minor. The County will collect 33% of estimated fees vs. 40% as currently required. The County will initially receive 13% more usable funds under the new proposal, however, the annual payments will not be made, therefore, the remaining balance will be paid as building permits are issued which extends the time period in which the County will ultimately receive 100% of the Transportation Impact Fees, subject to the speed at which the project develops. The proposal is based on the concept that this payment structure provides up:front funding for growth-necessitated transportation infrastructure improvements but also allows developers to retain funding to move forward with proposed projects. Further, developments that have paid significant amounts of up:front Transportation Impact Fees may be encouraged to start their projects as they will be able to direct funds to construction that were otherwise used to pay ongoing annual payments. GROWTH MANAGEMENT IMPACT: Impact fees generate funds to be expended for capital improvements to public facilities necessitated by growth which is consistent with Policy 2 of the Capital Improvement Element (CIE) of the Collier County Growth Management Plan (GMP), which states: "Future development will bear a proportionate cost of facility improvements necessitated by growth. " LEGAL CONSIDERATIONS: This item is legally sufficient for Board action and requires a majority vote. -JAK RECOMMENDATION: That the Board of County Commissioners authorizes staff to advertise and bring back for future consideration an amendment to Ordinance No. 2001-13, the Collier County Consolidated Impact Fee Ordinance, in order to modify provisions related to the aImual payments required to obtain and maintain a Certificate of Public Facility Adequacy (COA) as provided in Section 74-30201) ofthe Collier County Code of Laws and OrdinaI1ces. Prepared by: Amy Patterson, Impact Fee and Economic Development Manager, Growth Management Division - Planning and Regulation Attachments: 1) Letter from Mr. Richard Yovanovich, Esq. 2) Proposed Ordinance Amendment Packet Page -2345- 18D . 'Friday, June'3, Z~11 · Na121es Daily News , .' :~;:.~:.~=:~==~;:;:-~:':;'-;~?2::Z:::;~;;- .__:~==:~:S-.~;~:~~~:;L-"'7~':::~~~_:=::::~~:~~~= NOTICE OF INTENTTO CONSIDER ORDINANCE 1 Notice is hereby given that on Tuesday, June 14, 2011 in the Boardroom. 3rd Floor, IAdministration Building. Collier CountY Government Center. 3299, East:ramiami 'Trail, Naples, Florida, tl1e Board of County CO!T1missioners will consider the enact- lml,!nt of a Coun~ Ordi~ance. The meetiI:\g will com!"ence at. 9:l}O ,A.~. "The title of !the proposed Ordinance IS as follows:' ,', :., ,,", ' :' ',; ! . . 'IAN ORDINANCE OF THE BOARD OF ,COUNTY COMMISSIONERS' OF COLLIER COUN- lY, FLORIDA, AMENDING CHAPTER 74 OF THE COLLIER COUN.lY CODE ,OF LAWS lAND ORDINANCES (THE COLLIER COUNTY CONSOLIDATED IMPACT FEE ORDI- I'NANCE) BY AMENDING PROVISIONS RELATING TO OBTAINING A CERTIFICATE OF ,ADEQUATE .PUBUC FACILITIES WITH RESPECT TO ROAD IMPACT FEES; PROVIDING I FOR CONFLICT AND SEVERABIUTY; PROVIDING FOR INCLUSION IN THE .COI:.L1ER ; COUNTY CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE : DATE. ' _'" ,', " ' i. .' ,". ". o. il Copies of the proposed Ordinance are on 'file with the Clerk to the Board and are .' available for.inspection. All intereSted parties are invite'd to attend and b~ heard, ":' . .!. - ...: '. ~.: " ..' 'i... , . , I NOTE:' All "persons wishing to speak -On any agenda, item must register v,;ith the i County administrator prior to presentation of the agenda item to be addressed. jlndividual speakers will be limited to 3 minutes on any item. The selection of an in- ' i dividual to speak on behalf of an organization' or group is encouraged, If recog- i nized by the Chairman, a spokesperson for, a group or organization may be allotted , ,10 minutes'tq speak. on an ite~. , , :' , ! . ....- iPersons wishing to have written or graphic ma~eri,!ls included',in, the 'Board agenda ; packets must submit said material a mini!1ium of 3 weeks prior to the'.respective !,public hearing'. ' In any case, written materials intended to be considered by the I Board shall be submitted to the appropriate County staff a minimum of seven days I'prjor to the pulilic hearing'. All ma,terial used, in 'presentations before the Board, I will become,a p'ermanent part of the r.ecord. , .' , ' " " , I ,. _, ...,"', . . .'. I Any person who decides to appeal a decision of .the Board will' 'need a record of th~ I proceedings pertaining thereto and therefore; may need to ensure that a verbatim recora of the proceedings is' made, which ,record includes the ,testimony and evi- I dence upon which the appeal is b~sed. ...'.:, " " ilf you are a pe~on with a disability who needs any accommodation in order to par- i ticlpate in this proceeding, you are entitled, at no cost to you, to the provision of' 'certain assistance. Please contact the Collier County Facilities Management DeRart- ." I ment, located at,3335 Tamiamj 'Trail East,'Building W,-Naples, 'Florilla 34112, l239)' " ; Z52.8380: Ass!st!!d Jisteni~g devices tor tlie hearing impaired are a~ailable in th.e' . ,! County CommiSSioners' Office.' " ,,' ' i BOARD OF COUNTY COMMISSIONERS ' ' i COLLIER COUNTY, FLORIDA . ! FRED COYLE, CHAIRMAN 'i DWIGHT E. BROCK, CLERK : By: Teresa PolaSKi, Deputy qerk 'I (SEAL) ,',' ' I i limE' 3. 2011 I I I I i I I I I I I I I I I i i I , i I I No1903Q36 Packet Page -2346- 6/14/2011 Item 17.0. . . .. '.