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Agenda 09/25/2018 Item #11C09/25/2018 EXECUTIVE SUMMARY Recommendation that the Board direct the County Attorney to advertise and bring back for a public hearing an ordinance which would create the Golden Gate City Economic Development Zone. OBJECTIVE: To provide enhanced opportunities for economic development and redevelopment within the existing commercial areas within Golden Gate City. CONSIDERATIONS: Collier County is expressly authorized under Section 125.045, Florida Statutes, to “expend public funds for economic development activities, including, but not limited to, developing or improving local infrastructure, issuing bonds to finance or refinance the cost of capital projects for industrial or manufacturing plants, leasing or conveying real property, and making grants to private enterprises for the expansion of businesses existing in the community or the attraction of new businesses to the community.” In furtherance of this, the Board previously adopted Ordinance No. 2010-20 providing for the creation of Innovation Zones, specifically finding as follows: “It is the policy of the Board to promote economic growth which results in high wage jobs and helps diversify the economy of Collier County. To further this policy, it is the intent of the Board to create a dedicated source of rev enue to fund an economic development program and to advance economic development initiatives in zones of geographic concentration within the unincorporated areas of the County. These zones, to be called Innovation Zones, will be designated by the Board from time to time through the implementation of Economic Development Plans adopted by resolution for each Innovation Zone.” Due to the compelling need for redevelopment within the commercial areas of Golden Gate City, Commissioner Burt Saunders initiated staff development of an ordinance for Board adoption which would create the Golden Gate City Economic Development Zone. The zone is comprised of the entirety of Golden Gate City. The proposed ordinance would create an Innovation Zone which is substantially identical to the Innovation Zones contemplated by Ordinance No. 2010-20. The ordinance creates a Trust Fund that works similar to a CRA, with tax increases over the base year being deposited into the Trust Fund. The difference between this proposed ordinance and the Innovation Zones created under Ordinance No. 2010- 20 is that the proposed ordinance establishes the County Fiscal Year beginning October 1, 2015 as a base tax year instead of the following tax year as required by Ordinance No. 2010 -20. The reason is that the Innovation Zone Ordinance contemplated unimproved land which would develop over time, while the Golden Gate commercial district is largely built out and is in need of redevelopment. By using a prior base tax year, funding would be accelerated. The purpose of the Trust Fund is to implement an Economic Development Plan. The Plan is defined in the ordinance as follows: “The primary purpose of the Golden Gate City Economic Development Zone is to attract and retain qualified targeted industry business as defined by Florida Statute 288.106 and such businesses or industries identified by the Board of County Commissioners. Trust funds may be utilized in any lawful manner, including infrastructure required to serve new target businesses or the expansion of an existing target business; payment of County Impact Fees to be paid by the new target business or the expansion of an existing target business; and payment of building permit fees or other County fees related to the construction of structures to serve the target 11.C Packet Pg. 487 09/25/2018 business. In addition to this primary purpose, trust funds may be utilized in any lawful manner which the Board of County Commissioners determines fosters economic development. Payment of funds are purely discretionary, and must be approved in advance by the Board of County Commissioners. All expenses must be fully documented in a manner acceptable to the County. Priority of funding will be for the redevelopment and renewal of the commercial district along Golden Gate Parkway, as graphically represented by Exhibit B.” The Trust Fund is capped at $1,000,000 and is subject to annual appropriation by the County. Upon termination of the Trust Fund any unspent and unencumbered proceeds reverts to the County’s General Fund. Lastly, the ordinance establishes a seven-member Golden Gate City Economic Development Zone Advisory Board, whose members are to be representative of the residential, business and commercial interests of the Golden Gate City Economic Development Zone. Non-residential members of the Advisory Board need not live within Golden Gate City, and upon recommendation of the Commissioner of the District, may reside outside of Collier County. The function, powers and duties of the Advisory Board is to aid and assist the Boar d of County Commissioners in carrying out the purpose of the Golden Gate City Economic Development Zone, including but not limited to advising and assisting the Board of County Commissioners in the establishment, review and enhancement of policies and programs to attract businesses or industries to the Golden Gate City Economic Development Zone, reviewing and making recommendations on applications for funding through the Trust Fund, as well as handling any matters that may be assigned by the Board of County Commissioners. FISCAL IMPACT: As is the case with other innovation zones established in the County, funding will be in the form of a transfer from the General Fund and Unincorporated Area General Fund based upon the adopted millage rate for the specific funding year applied to the calculated tax increment. The tax increment will be calculated from data provided by the Property Appraiser's Office with the base tax year proposed as tax year 2015 (FY 2016). Dollars generated within the district will be devoted to improvements specific to the district. Of note, dollars earmarked toward all established CRA's and Innovation Zones are directed away from general appropriations in the General Fund and Unincorporated Area General Fund into restricted funds. For FY 2018 funding to all CRA's and Innovation Zones totaled $4,989,701. The estimated cost of advertising is $350. GROWTH MANAGEMENT IMPACT: There are no Growth Management Impacts associated with this action. LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney, is approved as to form and legality, and requires majority vote for approval. -JAK RECOMMENDATION: That the Board direct the County Attorney to advertise and bring back for a public hearing an ordinance which would create the Golden Gate City Economic Development Zone. Prepared by: Sean Callahan, Executive Director Corporate Business Operations ATTACHMENT(S) 1. Golden Gate City Innovation Zone Ordinance (PDF) 2. Golden Gate City Redevelopment Map BW (PDF) 11.C Packet Pg. 488 09/25/2018 COLLIER COUNTY Board of County Commissioners Item Number: 11.C Doc ID: 6721 Item Summary: Recommendation that the Board direct the County Attorney to advertise and bring back for a public hearing an ordinance which would create the Golden Gate City Economic Development Zone. (Jace Kentner, Director, Office of Business & Economic Development) Meeting Date: 09/25/2018 Prepared by: Title: – County Manager's Office Name: Sean Callahan 09/12/2018 5:25 PM Submitted by: Title: County Manager – County Manager's Office Name: Leo E. Ochs 09/12/2018 5:25 PM Approved By: Review: Business and Economic Development Jace Kentner Additional Reviewer Completed 09/13/2018 1:25 PM County Manager's Office Sean Callahan Additional Reviewer Completed 09/14/2018 7:54 AM Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 09/14/2018 8:22 AM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 09/14/2018 11:26 AM County Attorney's Office Emily Pepin CAO Preview Completed 09/14/2018 1:59 PM Budget and Management Office Mark Isackson Additional Reviewer Completed 09/14/2018 2:47 PM County Manager's Office Leo E. Ochs Level 4 County Manager Review Completed 09/18/2018 11:36 AM Board of County Commissioners MaryJo Brock Meeting Pending 09/25/2018 9:00 AM 11.C Packet Pg. 489 1 ORDINANCE NO. 2018-_____ AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, ESTABLISHING THE GOLDEN GATE CITY ECONOMIC DEVELOPMENT ZONE; PROVIDING FOR THE CALCULATION OF AN ANNUAL TAX INCREMENT AMOUNT WITHIN THIS DEVELOPMENT ZONE; CREATING AN ECONOMIC DEVELOPMENT TRUST FUND FOR THIS DEVELOPMENT ZONE FOR THE TRANSFER AND MAINTENANCE OF SUCH TAX INCREMENT AMOUNTS; AUTHORIZING THE PLEDGE AND APPROPRIATION OF ECONOMIC DEVELOPMENT TRUST FUNDS; SETTING FORTH THE ECONOMIC DEVELOPMENT PLAN FOR THIS DEVELOPMENT ZONE; CREATING AND SETTING FORTH THE DUTIES OF THE GOLDEN GATE CITY ECONOMIC DEVELOPMENT ADVISORY BOARD; PROVIDING DEFINITIONS; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, in addition to its broad home rule powers, Collier County is expressly authorized under Section 125.045, Florida Statutes, to “expend public funds for economic development activities, including, but not limited to, developing or improving local infrastructure, issuing bonds to finance or refinance the cost of capital projects for industrial or manufacturing plants, leasing or conveying real property, and making grants to private enterprises for the expansion of businesses existing in the community or the attraction of new businesses to the community;” and WHEREAS, Collier County previously adopted Ordinance No. 2010-20 providing for the creation of Innovation Zones, specifically finding as follows: “It is the policy of the Board to promote economic growth which results in high wage jobs and helps diversify the economy of Collier County. To further this policy, it is the intent of the Board to cr eate a dedicated source of revenue to fund an economic development program and to advance economic development initiatives in zones of geographic concentration within the unincorporated areas of the County. These zones, to be called Innovation Zones, will be designated by the Board from time to time through the implementation of Economic Development Plans adopted by resolution for each Innovation Zone;” and WHEREAS, there is a compelling need for redevelopment within the commercial areas of Golden Gate City, whose specific needs require an approach that is substantially similar to, but not identical with, Innovation Zones as contemplated in Ordinance No. 2010-20; and WHEREAS, recognizing the need to spur economic development in Golden Gate City, Collier County has already taken over the water and sewer service for Golden Gate City in part to provide commercial property owners a solution to development constraints caused by limited service; and WHEREAS, Collier County wishes to continue to provide enhanced opportunities for economic development and redevelopment within the existing commercial areas within Golden Gate City. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER OUNTY, FLORIDA, that: 11.C.1 Packet Pg. 490 Attachment: Golden Gate City Innovation Zone Ordinance (6721 : Golden Gate Economic Development Zone) 2 Section One: Definitions and Findings This Ordinance is intended to be a companion ordinance to Ordinance No. 2010-20, known as the Collier County Innovation Zone Ordinance. Accordingly, the Board of County Commissioners hereby adopts in full the definitions and findings set forth in Ordinance 2010-20, except for the Base Year Assessment Roll, which is defined below, and as modified hereby incorporates such definitions and findings as if specifically set forth below. Section Two. Creation of the Golden Gate City Economic Development Zone. The Board of County Commissioners hereby creates the Golden Gate City Economic Development Zone, which shall constitute the entirety of Golden Gate City, as graphically described in Exhibit A. Section Three. Initial Tax Increment Year and Percentage. For purposes of establishing the Base Year Assessment Roll, the base year shall be the last Collier County Real Property Assessment Roll certified by the Property Appraiser for the County Fiscal Year beginning October 1, 2015. Tax increments shall commence to be deposited into the Trust Fund with the County Fiscal Year commencing on October 1, 2018, and funding shall continue through September 30, 2028, unless extended by majority vote of the Board by Resolution. The amount of the tax increment to be deposited into the Trust Fund shall be equal to 100% of the amount based on the formula set forth in Section 4(B) of Collier County Ordinance No. 2010-20. Section Four: Creation of an Economic Trust Fund. The County hereby creates the Golden Gate City Economic Development Zone Trust Fund. The tax increment shall be deposited into the trust fund and the trust fund proceeds shall be utilized to implement the Economic Development Plan set forth in Section Five. The Trust Fund corpus will not exceed One Million Dollars ($1,000,000) in any single fiscal year and is subject to annual appropriation by the County. Up to 5% of the Trust Corpus shall be reserved as an annual administrative fee for the County. Upon termination of the Trust Fund any unspent and unencumbered proceeds shall revert to the County’s General Fund. Section Five: Adoption of the Economic Development Plan. The primary purpose of the Golden Gate City Economic Development Zone is to attract and retain qualified targeted industry business as defined by Florida Statute 288.106 and such businesses or industries identified by the Board of County Commissioners. Trust funds may be utilized in any lawful manner, including infrastructure required to serve new target businesses or the expansion of an existing target business; payment of County Impact Fees to be paid by the new target business or the expansion of an existing target business; and payment of building permit fees or other County fees related to the construction of structures to serve the target business. In addition to this primary purpose, trust funds may be utilized in any lawful manner which the Board of County Commissioners determines fosters economic development. Payment of funds are purely discretionary, and must be approved in advance by the Board of County Commissioners. All expenses must be fully documented in a manner acceptable to the County. Priority of funding will be for the redevelopment and renewal of the commercial district along Golden Gate Parkway, as graphically represented by Exhibit B. 11.C.1 Packet Pg. 491 Attachment: Golden Gate City Innovation Zone Ordinance (6721 : Golden Gate Economic Development Zone) 3 Section Six: Creation of Golden Gate City Economic Development Zone Advisory Board. The Golden Gate City Economic Development Zone Advisory Board (hereinafter referred to as the Advisory Board) is hereby established. (a) Appointment and Composition. The Advisory Board shall be composed of seven (7) members who are appointed by resolution of the Board of County Commissioners , and shall be representative of the residential, business and commercial interests of the Golden Gate City Economic Development Zone. Non-residential members of the Advisory Board need not live within Golden Gate City, and upon recommendation of the Commissioner of the District , may reside outside of Collier County. Members of the Advisory Board shall be appointed by and serve at the pleasure of the Board of County Commissioners. (b) Terms of Office. The initial terms of office of the Advisory Board members shall be one year for three members, and two years for four members, and each appointment or re-appointment thereafter shall be for two years. Appointments to fill any vacancies on the Advisory Board shall be for the remainder of the unexpired term of office. (c) Removal from Office. Removal of members from the Advisory Board shall be in accordance with the provisions of Collier County Ordinance No. 2001 -55, as it may be amended or by its successor ordinance. (d) Officer; Quorum; Rules of Procedure. Annually the members of the Advisory Board shall elect a chairperson and vice chairperson from among the members. The chairperson's and vice chairperson's terms shall be for one year with eligibility for re-election by the members of the Advisory Board. The presence of fifty-one percent (51%) of the current voting membership, but never less than three total, shall constitute a quorum of the Advisory Board necessary to take action and transact business. In addition, an affirmative vote of a simple majority sha ll be necessary in order to take official action. Furthermore, by simple majority vote, but never with less than 5 members present, the Advisory Board shall adopt rules of procedure for its meetings, and thereafter shall be governed by its Procedures, as adopted and amended from time to time, subject to the approval of the Board of County Commissioners. The Advisory Board shall keep a written record of meetings, resolutions, findings and determinations. Copies of all Advisory Board minutes, resolutions, reports and exhibits shall be submitted to the Board of County Commissioners. The Advisory Board meetings shall be open to the public and conducted in the Sunshine. (e) Reimbursement of Expenses. Members of the Advisory Board shall serve without compensation, but shall be entitled to receive reimbursement for expenses reasonably incurred in the performance of their duties upon prior approval of the Board of County Commissioners. (f) Functions, Powers and Duties of the Advisory Board. The function, powers and duties of the Advisory Board shall be to aid and assist the Board of County Commissioners in carrying out the purpose of the Golden Gate City Economic Development Zone, including but not limited to advising and assisting the Board of County Commissioners in the establishment, review and enhancement of policies and programs to attract businesses or industries to the Golden Gate City Economic Development Zone, reviewing and making recommendations on applications for funding through the Trust Fund, as well as handling any matters that may be assigned by the Board of County Commissioners. (g) Duties of the County Manager's Office. The County Manager's Office will provide such documentation, information, descriptions of procedures, secretarial supp ort and general assistance to the Advisory Board as may be necessary for the Advisory Board to carry out its functions as set forth herein. 11.C.1 Packet Pg. 492 Attachment: Golden Gate City Innovation Zone Ordinance (6721 : Golden Gate Economic Development Zone) 4 Section Seven: 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 court of competent jurisdiction holds any phrase or portion of the Ordinance invalid or unconstitutional, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion. Section Eight: Inclusion in the Code of Laws and Ordinances. The provisions of this Ordinance shall become and may be made a part of the Code of Laws and Ordinances of Collier County, Florida. The section of the Ordinance may be renumbered or re-lettered to accomplish such, and the word “Ordinance" may be changed to "Section," "Article," or any other appropriate word. Section Nine: Effective Date. This Ordinance shall take effect upon filing with the Florida Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this ____ day of June, 2018. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA By: ________________________ By: _____________________________ , Deputy Clerk Andy Solis, Chairman Approved as to form and legality: _______________________________ Jeffrey A. Klatzkow, County Attorney 11.C.1 Packet Pg. 493 Attachment: Golden Gate City Innovation Zone Ordinance (6721 : Golden Gate Economic Development Zone) INTERSTATE 75COLLIER BLVDGOLDEN GATE PKWY GOL DEN GATE PKWY SANTA BARBARA BLVDGREEN BLVD I-75 NGreen BLVD Collier BLVD39th ST SWGolde n Ga te PKWYSanta Barbara BLVD32 nd AVE SW55th ST SW44th ST SWTropical WAY55th TER SWWestport LN 15 th AVE SW Sunshine BLVD23rd AVE SW Salt ALYSea Grass LN Star G rass LN Cedar Tree LN 48th ST SWCopper Leaf LN Painted Leaf LN Hunter BLVDSunset RD Coronado PKWY 50th TER SWTropicana BLVD24th AVE SW 47th ST SW16th PL SW 45th ST SW47th TER SW40th TER SW31 st PL SW 17 th AVE SW Bathey LN 18th PL SW 48th TER SWRecre ati on LN 46th TER SW49th ST SW27th C T S W 25th AVE SW 60th ST SW52nd ST SW43rd LN SWA t o ll C T 51st TER SW53rd ST SW29 th PL SW 58th ST SW46th ST SW41st TER SW22nd PL SW Toucan ALY45th TER SW18th CT SW 30th AVE SW51st ST SW24 th PL SW 19 th AV E S W 19th PL SW 44th TER SW50t h ST SW62nd ST SW41st ST SW30 th PL SW 25th CT SW 54th LN SW28th AVE SW1 8th A V E S W 27th PL SW53rd TE R S W26th AVE SW 63rd ST SW17th CT SW19th CT SW23rd PL SW 28th PL SW52nd TER SW23rd CT SW Monarch CIR 49th LN SW20th PL SW Washington LN 2 0 t h AV E S WLogan CTBelville BLVD 2 7 th A V E S W 21 st PL SW 2 5 t h P L S W 4 9 t h T E R S WNoahs WAY54th TER SW26th PL SW17 th PL SW Heritage CIR 54th ST SW53rd LN SW52nd LN SW43rd ST SW21st AVE SW 22 nd AVE SW 42nd ST SW29 th AVE SW 31st AVE SW Hemin gwa y CIR Logan BLVD S42nd TER SWC i t y G a t e B L V D NBritney LNNoahs CIRLucerne RD28 th CT SWCade CT43rd TER SWSunnyland LN German W oods CT Ashley CT Hemingway LN E Baldwin LNCommonwealth C I R 50th LN SWTrafalgar LNCoachlight DR20th CT SWY o s e m i t e C T Laurel Ridge LN Ba ss Po int CT 28th PL SW51st ST SW25th PL SW31 st PL SW 26th PL SW 25th AVE SW 30 th P L S W 42nd ST SW52nd TE R S W 27 th AVE SW 52nd LN SW4 7 th S T S W55th TER SW54th TER SWTropical WAY44th ST SW19th AVE SW 52nd ST SW52nd TER SW16 th PL SW 29 th P L S W 44th TER SW42nd TER SW19th PL SW 50th ST SW41st TER SW25th AVE SW42nd ST SW2 0 th P L S W 2 9 th A V E S W 41st TER SW17 th AVE SW 45th ST SW30 th AVE S W 19th CT SW 49th ST SW17th PL SW 23rd AVE SW 17 th PL SW 19th PL SW 44th TER SW5 4 t h S T S W19th CT SW 23rd AVE SW 26th PL SW5 3rd S T S W55th TER SW54th TER SW46th TER SW19th AVE SW41st ST SW55th ST SW15 th AVE SW 21st AVE SW 2 8 t h P L S W 17th AVE SW 18th CT SW 22nd PL SW 20th PL SW 32 nd AVE SW43rd TER SW2 6 th A V E S W 22nd AVE SW 2 8 th A V E S W 45th ST SW17 th AVE SW 25th CT SW 2 8 t h A V E S W50th ST SW50th TER SW2 8 t h A V E S W 23rd PL SW 43rd ST SW27th PL SW46th ST SW19 th CT S W 31 st AV E S W 22 nd AVE SW 21st PL SW 18 th AVE SW 21st AVE SW 45th TER SW20th PL SW54th ST SW46th ST SW22nd AVE SW 21st AVE SW 23rd CT SW 17th AVE SW 4 4 t h ST SW30 th AVE SW 19th PL SW 16 th PL SW 51st TER SWToucan ALY28th AVE SW41st ST SW43rd LN SW18th AVE SW 41st TER SW20th AVE SW 21st PL SW GOLDEN GATE CITY ECONOMIC DEVELOPMENT ZONE ORDINANCE MAP 0 1,000 2,000 3,000 4,000500 Feet Legend Redevelopment and Renewal Area Golden Gate City Economic Development Zone ¯ 11.C.2 Packet Pg. 494 Attachment: Golden Gate City Redevelopment Map BW (6721 : Golden Gate Economic Development