Agenda 03/24/2009 Item # 8A
Agenda Item No, SA
March 24, 2009
Page 1 of 9
EXECUTIVE SUMMARY
Recommendation that the Board of County Commissioners adopt an Ordinance
amending the Collier County Consolidated Impact Fee Ordinance, which is Chapter
74 of the Collier County Code of Laws and Ordinances, by incorporating directed
ehanges to the requirements for the assessment of impact fees for changes of use in
existing buildings through the implcmentation of the "Impact Fee Program for
Existing Commercial Redevelopment"
OBJECTIVE: That the Board of County Commissioners (Board) adopt an Ordinance
amending the Collier County Consolidated Impact Fee Ordinance, which is Chapter 74 of
the Collier County Code of Laws and Ordinances (Code), by incorporating directed
changes to the requirements for the assessment of impact fees for changes of use in
existing buildings through the implementation of the "Impact Fee Program for Existing
Commercial Redeve]opment."
CONSIDERATIONS: On Decemher 3, 2008, during thc regular meeting of the Board
of County Commissioncrs, the Board directed staff to develop an option, for
consideration by the Board, for a change in the current requirements for the assessment of
impact fees for changes of use within existing buildings. Thc current regulations are set
forth in Section 74-20 I (c) of the Collier County Code of Laws and Ordinances (Code),
which is the Collier County Consolidated Impact Fee Ordinance, which states:
(c) Change o/size or use. Impact fees shall he imposed and calculated for net
increase, alteration. expansion, or replacement 0/ a use or a huilding, or
part of a building (including dwelling unit), and each accessory or non-
accessory huilding, provided such net increase, alteration, expansion or
replacement 0/ the use, building, or part thereof or therein, hy app(ving
this chapter results in .' (I) a net increase in the number of dwelling units;
(2) a net increase in the size or square /iiOtaRe 0/ a building; (3) a net
increase in the size 0/ the use; or (4) intensification of the use as to
constitute an expansion 0./ the same use category or result in a change to a
higher impact .lee land use category; or (5) otherwise create additional
demand or additional impacts on any o/Ihe puhlicjilCilities.
Staff reviews and assesses impact fees for changes of use via the review of all
applications for Zoning Celiificates/Business Tax Receipts and Development Orders
(Building Pel111its, Site Plans, Site Plan Amendments, etc,) In order to assess impact fees
for a change of use, first the lawfully existing land use must be detcrmined. Staff
researches information provided by applicant, site plans, building permits, Property
Appraiser's records, etc. in order to make this determination. The impact fees are then
calculated for the existing use based on current rates.
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Agenda Item No, 8A
March 24, 2009
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The impact fees are then calculated for the proposed new use. ]f the development
contemplates a land use that is of a higher intensity use and therefore creates additional
impacts on public facilities, impact fees are required to be assessed for the net increase in
demand. Therefore, the impact fees are assessed by applying the impact fees that are
calculated for the existing use against the impact fees that are calculated for the new use.
The additional impact fees assessed for some of the most common changes of use,
calculated using current rates are as follows below. This amount does not include water
and sewer impact fees, as those assessments are calculated based on information that is
location and demand specific.
General ]ndustrial to General Office
General Industrial to Retail
Genera] Office to Medical Office
Retail to Medical Office
Retail to High Turnover Restaurant
$11. 77 per sq uare foot
$11 . ] 8 per square foot
$27 ,60 per square foot
$29.49 per square foot
$57.52 pcr squarc foot
Based on the direction of the Board, staff and the County Attorney developed the
following Program for the Board's consideration. The scope of the Program is limited to
commercial uses and the requirements for assessment for "intensification of the use" or
changes that "otherwise create additional demand or additional impacts on any of the
publicfacilities. "
PrOl!ram:
Impact Fee Program for Existing Commercia]
Redevelopment
Elil!ibilitv:
Commercial buildings that have had a Celiificate of
Occupancy for a minimum of 5 years. The building must
have been pern1itted and paid the then applicable impact
fees.
Limitations:
Program is limited to changes within existing commercial
buildings, for example tcnant build-outs, tenant
improvements, ctc. Additions to existing buildings and
demolition/replacement of buildings will not be eligible for
this Program.
ADDlicable
Tvpes ofImpact
Fees:
Applicable to all impact fees (excluding water-sewer)
assessed for commercial changes of use, based on land lIse.
This typically consists of Transportation, EMS,
(Jovernment Buildings, Law Enforcement and Jail. These
provisions will not apply to assessments for Water and
Sewer Impact Fees.
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Agenda Item No, SA
March 24, 2009
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Lenl!th of Prol!ram: Initial term of Program two (2) years from adoption date,
with a report to the Board on the usage of the Program prior
to the sunset date. The Board could then elect to extend the
Program or allow it to sunset.
On February 24, 2009, during the discussion of item lOA, the Board directed the County
Manager, or his designee, and the County Attorney to implement the Program as detailed
above. In addition the Board directed that a status report be prcsented to the Board in one
year, including detailed information on the participation in the Program and the fiscal
impact on each of the affected impact fee trust funds. The directed changes have been
incorporated into the attached ordinance amendment being presented for the Board's
consideration.
FISCAL IMP ACT: The tiscal impact related to the implementation of this Program is
the loss of the prospective income to the impact fee trust funds for the change of use
where there is a net increase in use. As described above, this amount ranges from
approximately an additional $11-$57 per square toot, excluding any applicable water and
sewer impact fees. This assessment for thc change of use is in addition to the impact fees
that were paid when the building was originally constructed. It should be noted,
however, that the majority of the customer inquiries related to changes of use that have
been handled by staff over the past year have resulted in the prospective tenant seeking
out tenant spaces in which the impact fees have been paid for a usc similar to the type
they are proposing, and therefore the payment of additional impact fees is not required, or
the tenant has elected not to movc forward with the proposed use. Based on this trend,
the fiscal impact for implemcnting this Program, except for Water and Sewer Impact
Fees, is minimal.
GROWTH MANAGEMENT IMPACT: Impact Fees generate funds to be expended
for capital improvements to public facil ities 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"
Although the proposed Program limits the additional impact fees that will be assessed for
changes of use, despite the intensification of use and demand on public facilities, this
type of program for rcdevelopmcnt is consistent with Policy 3.12 of the Economic
Element of the GMP which statcs: "Collier COUl1ly, in coordination with other
appropriate entities, will support the establishment and retention oj'small 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 DepaJiment and the subsequent issuing of a
Business Tax Receipt from the Co Ilier County Tax Co Ilector. Staff, through issuing the
Agenda Item No. SA
March 24, 2009
Page40fg
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 inspects the proposed business location to ensure that the site provides
the required number of parking spaces and meets the minimum landscape code
requirements.
I l' 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
Grov,cth 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: The County Attorney worked with staff in the drafting
of this Ordinance, which is legally sufficient for Board action. This is a regular item
requiring simple majority vote. -JAK
RECOMMENDATION: Recommendation that the Board of County Commissioners
adopt an Ordinance amending thc Collier County Consolidated Impact Fee Ordinance,
which is Chapter 74 of the Collier County Code of Laws and Ordinances, by
incorporating directed changes to the requirements for the assessment of impact fees for
changes of use in existing buildings through the implementation of the "Impact Fee
Program for Existing Commercial Redevelopment."
Prepared by: Amy Patterson, Impact Fee and Economic Development Manager
Business Management and Budget Office, CDES
Item Number:
Item Summary:
Meeting Date:
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Agenda Item No. SA
March 24, 2009
Page 5 of g
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
8A
Recommendation that the Board of County Commissioners adopt an Ordinance amending
the Collier County Consolidated Impact Fee Ordinance. which is Chapter 74 of the Collier
County Code of Laws and Ordinances, by incorporating directed changes to the
requirements for the assessment of impact fees for changes of use in existing buildings
thmugh the implementation of the Impact Fee Program for Existing Commercial
Redevelopment
3/24/20099:0000 AM
Prepared By
Amy Patterson
Community Development &
Environmental Services
Impact Fee Manager
Date
A pproved By
Financial Admin. & Housing
3/9/2009 1U8:33 AM
~!udy Puig
Community Development &
Environmental Services
Operations Analyst
Community Development &
Environmental Services Admin.
Date
3/9/20094:41 PM
Approved By
Jeff Klatzkow
County Attorney
Assistant County Attorney
Date
County Attorney Office
3/11/20094:42 PM
Approved By
Joseph K. Schmitt
Community Development &
Environmental Services
Community Development &
Environmental Services Adminstrator
Date
Community Development &
Environmental Services Admin.
3/11/2009 5:02 PM
A pproved By
OMS Coordinator
County Manager's Office
OMS Coordinator
Date
Office of Management & Budget
3/12/2009 2:28 PM
Approved By
Mark Isackson
County Manager's Office
Budget Analyst
Date
Office of Management & Budget
3113/2009 3:50 PM
A pproved By
James V. Mudd
Board of County
Commissioners
County Manager
Date
County Manager's Office
3/17120098:46 AM
Agenda Item No, 8A
March 24, 2009
Page 6 of g
ORDINANCE NO. 2009-
AN ORDINANCE OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA,
AMENDING CHAPTER 74 OF THE COLLIER COUNTY
CODE OF LAWS AND ORDINANCES, THAT ORDINANCE
BEING THE COLLIER COUNTY CONSOLIDATED
IMPACT FEE ORDINANCE, NO. 2001-13, AS AMENDED,
PROVIDING FOR CHANGES TO THE REQUIREMENTS
FOR THE ASSESSMENT OF IMPACT FEES FOR
CHANGES OF USE IN EXISTING BUILDINGS THROUGH
THE IMPLEMENTATION OF THE "IMPACT FEE
PROGRAM FOR EXISTING COMMERCIAL
REDEVELOPMENT"; ESTABLISHING A SUNSET DATE
FOR THE PROGRAM UNLESS OFFICIALLY EXTENDED
BY THE BOARD OF COUNTY COMMISSIONERS;
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 various facilities since 1978; and
WHEREAS, on March 13, 2001, the Board of County Commissioners adopted
Ordinance No. 200l-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, on February 24, 2009, the Board of County Commissioners directed that
the provisions related to the requirements for the assessment of impact fees for "changes of use"
in existing buildings be amended through the implementation of the "Impact Fee Program for
Existing Commercial Redeve]opment;" and
WHEREAS, the adoption of this Ordinance incorporates provisions that amend Section
74-201(c) of the Collier County Code of Laws and Ordinances related to change of size or use by
establishing a program through which development shall not be assessed additional impact fees
related to changes of use within an existing building, provided it meets the specified criteria; and
WHEREAS, this Ordinance specifies that this program shall not apply to assessments for
Water and Wastewater Impact Fees.
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Agenda Item No, 8A
March 24, 2009
Page 7 of g
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
SECTION ONE. Article II, Impact Fees, Section 74-201, Imposition of impact fees, subsection
(c) of the Collier County Code of Laws and Ordinances is hereby amended to read as follows:
Section 74-201.
Imposition of impact fees.
***
(c) Change of size or use.
***
(5) Imvact Fee Prof!ram for Existinf! Commercial Redevelovment. 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. exceDt 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 bv a resolution
of the Board of Count V 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 5 years prior to the commencement of
this program. ImDact fees for the existing building must have been Daid the then
app1icab]e impact fees at time of construction: and
b. Proposed development is solelv within the existing building and does not
include the addition of any new square footagc.
c. Dcmolition and reconstruction proiccts are not eligible for this program.
***
SECTION TWO. CONFLICT AND SEVERABILITY.
In the event this Ordinance conflicts with any other Ordinance of Collier County or othcr
applicable law, the more restrictive shall apply. If any phrase or portion of this 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 portions,
SECTION THREE. INCLUSION IN THE CODE OF LAWS AND ORDINANCES.
The provisions of this Ordinance shall be made a part of the Code of Laws and
Ordinances of Collier County, Florida. The sections of the Ordinance may be renumbered or re-
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Agenda Item No, SA
March 24, 2009
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lettered and internal cross-references amended throughout 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 become effective upon filing with the Secretary of State.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida tills _ day of
.2009.
ATTEST
Dwight E. Brock, Clerk
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
By:
By:
, Deputy Clerk
DONNA FIALA. CHAIRMAN
Approved as to form
an e a S lency:
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Agendf~g~ t.JSf gA
March 24, 2009
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Patterson_a
From: SheffieldMichael
Sent: Thursday, March 12,200912:15 PM
To: Patlerson_a
Subject: FW: impact fees-change of use (vote no)
From: jeb760@comcast.net (mailto:jeb760@comcast.net)
Sent: Monday, March 09, 2009 10:25 PM
To: ColettaJim
Subject: Fwd: impact fees-change of use (vote no)
Mr. Coletta, I strongly urge you to vote no for the change of use ordinance as I have stated in
this email to my commissioner.
----- Forwarded Message -----
From: jeb760@comcast.net
To: frankhalas@colliergov.net
Sent: Monday, March 9, 200910:19:40 PM GMT -05:00 US/Canada Eastern
Subject: impact fees-change of use (vote no)
Dear Mr Halas:
As a owner of commercial property in Collier County, I strongly urge you to vote no for the
"change of use" ordinance at your 3/10/09 meeting. I designed my building for medical use and
paid the higher impact fees in order to have a competitive advantage in a soft rental market
such as we are presently facing. If you vote for this ordinance, you will eliminate my
advantage, fuller reduce my property value and give others a property right they don't deserve
and haven't paid for. I don't understand the commissions desire to approve this ordinance
based on the testimony of a "real estate sales" special interest group. It is only logical to
assume that there are adequate opportunities for medical tenants to find rental space in
properly "licensed" space when the soft rental market has affected all uses across the board. It
sounds to me like "feel good" legislation.
If your objective is to promote jobs and meaningful growth that our local economy so
desperately needs, I urge you to substantially lower impact fees which will at least maintain
some equality by treating all commercial property owners the same.
Jim Boughton
760 Clarendon Court
Naples, FL 34109
3/1212009