Agenda 01/14/2020 Item #17F (Ordinance - Amending Golden Gate Economic Development Zone)01/14/2020
EXECUTIVE SUMMARY
Recommendation to approve an amendment to Ordinance No. 2018-56, which provided for the
creation of the Golden Gate Economic Development Zone, to raise the cap of the Trust Fund to
$2,000,000, subject to appropriation by the County.
OBJECTIVE: To amend Ordinance No. 2018-56 to increase the cap of the Golden Gate Economic
Development Zone Trust Fund to $2,000,000, subject to annual appropriation by the County.
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 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.”
Following adoption of Ordinance 2010-20, the Board has created three Innovation Zones. On June 23,
2015, the Board adopted Ordinance No. 2015-133 creating the Ave Maria Innovation Zone. On July 10,
2018, the Board adopted Ordinance No. 2018-39 creating the Interchange Activity Center No. 9
Innovation Zone, which includes several hundred vacant and undeveloped acres in East Naples. Finally,
on November 13, 2018, the Board created the Golden Gate City Economic Development Zone, an
innovation zone meant to spur redevelopment throughout that area. Each ordinance creates a Trust Fund
that works similar to a CRA, with tax increases over the base year being deposited into the Trust Fund.
In order to better promote economic growth, staff recommends amending Ordinance No. 2018 -56 to
increase the Trust Fund limit to $2,000,000 in order to give the fund greater flexibility to meet
redevelopment objectives of the Golden Gate City Economic Development Zone.
The amendment modifies Section Four of Ordinance No. 2018-56 to read: 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) Two
Million Dollars ($2,000,000) in any single fiscal year and is subject to annual appropriation by the
County. Upon termination of the Trust Fund any unspent and unencumbered proceeds shall revert to the
County’s General Fund.
Since the creation of these zones, it should be noted that the Zoning Division is developing an Innovation
Zone sub-district overlays within the Future Land Use Element to allow for the full utilization of the
Innovation Zone’s Economic Development Plan, including evaluating additional design criteria. Creation
17.F
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01/14/2020
of these sub-districts will require an amendment to the Growth Management Plan.
Since the development of these zoning overlays, as well as funds becoming available in the Golden Gate
City Economic Development Zone during Fiscal Year 2020, development activities and interests have
increased substantially within the area. At the November 12, 2019 BCC meeting, the Board approved the
zones first substantial expenditure, a corridor study of the main redevelopment and renewal area.
On December 10, the Board approved an advertisement of the ordinance amendment. This advertisement
took place on December 26, 2019.
FISCAL IMPACT: As with other Innovation Zones established in the County, revenues for the Golden
Gate City Economic Development Zone (“Zone”) come from the increased assessed value of property and
improvements that occur within the Zone. A "base" assessed value is determined and new property taxes
resulting from the increased assessed valuation above the base create an incremental increase in tax
revenues. The "tax increment" created between the "base" and the new assessed value is deposited in the
Golden Gate City Economic Development Zone Trust Fund and devoted to improvements specific to the
Zone. Of note, tax increment 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 20, the first year of Golden Gate City Economic Development Zone tax increment funding, the
amount of tax increment transferred from the General Fund and Unincorporated Area General Fund to the
Golden Gate Economic Development Zone Trust Fund (782) totals $1,035,500.
GROWTH MANAGEMENT IMPACT: This Executive Summary is consistent with Objective 3 of the
Economic Element of the Collier County Growth Management Plan which states: “Collier County will
support programs which are designed to promote and encourage the recruitment of new industry as well
as the expansion and retention of existing industries in order to diversify the County’s economic base.”
LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney, is approved as
to form and legality, and requires a majority vote for approval. - JAK
RECOMMENDATION: That the Board approve an amendment to Ordinance No. 2018-56, which
provided for the creation of the Golden Gate City Economic Development Zone, to raise the cap of the
Trust Fund to $2,000,000, subject to appropriation by the County.
Prepared by: Sean Callahan, Executive Director, Corporate Business Operations
ATTACHMENT(S)
1. Legal Ad - Golden Gate Economic Development Zone (PDF)
2. Ordinance 2018-56 - Golden Gate EDZ (PDF)
3. Golden Gate City Redevelopment Map BW (PDF)
4. Ordinance amending 2018-56 - JAK signed (PDF)
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COLLIER COUNTY
Board of County Commissioners
Item Number: 17.F
Doc ID: 11210
Item Summary: Recommendation to approve an amendment to Ordinance No. 2018-56, which
provided for the creation of the Golden Gate Economic Development Zone, to raise the cap of the Trust
Fund to $2,000,000, subject to appropriation by the County.
Meeting Date: 01/14/2020
Prepared by:
Title: – Corporate Business Operations
Name: Sean Callahan
12/27/2019 9:55 AM
Submitted by:
Title: County Manager – County Manager's Office
Name: Leo E. Ochs
12/27/2019 9:55 AM
Approved By:
Review:
Corporate Business Operations Sean Callahan Additional Reviewer Completed 12/27/2019 9:56 AM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 12/30/2019 2:35 PM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 12/31/2019 9:34 AM
Budget and Management Office Ed Finn Additional Reviewer Completed 01/07/2020 4:46 PM
County Manager's Office Leo E. Ochs Level 4 County Manager Review Completed 01/08/2020 9:02 AM
Board of County Commissioners MaryJo Brock Meeting Pending 01/14/2020 9:00 AM
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17.F.a
Packet Pg. 2195 Attachment: Legal Ad - Golden Gate Economic Development Zone (11210 : Golden Gate EDZ Trust Fund Cap Increase)
ORDINANCE NO.2018- 5 6
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 create
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:
1
17.F.b
Packet Pg. 2196 Attachment: Ordinance 2018-56 - Golden Gate EDZ (11210 : Golden Gate EDZ Trust Fund Cap Increase)
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, 2019, and funding shall continue through September 30,
2029, 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 A.
2
17.F.b
Packet Pg. 2197 Attachment: Ordinance 2018-56 - Golden Gate EDZ (11210 : Golden Gate EDZ Trust Fund Cap Increase)
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 shall 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 support and general assistance to the
Advisory Board as may be necessary for the Advisory Board to carry out its functions as set forth herein.
3
17.F.b
Packet Pg. 2198 Attachment: Ordinance 2018-56 - Golden Gate EDZ (11210 : Golden Gate EDZ Trust Fund Cap Increase)
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,thisN\-,day of kAcDy y k---2018.
ATTEST: BOARD O OU' Y COM : !NIERS
CRYSTAL K_KINZEL,Clerk COLLIE' CO IT ' • '
aAdutABy: C)CBy:
Attesta ',
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Approve, a 4 :Ill aregality:
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Jeffrey A. ilatzk, , County Attorney
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17.F.b
Packet Pg. 2199 Attachment: Ordinance 2018-56 - Golden Gate EDZ (11210 : Golden Gate EDZ Trust Fund Cap Increase)
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17.F.b
Packet Pg. 2200 Attachment: Ordinance 2018-56 - Golden Gate EDZ (11210 : Golden Gate EDZ Trust Fund Cap Increase)
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FLORIDA DEPARTMENT 0 STATE
RICK SCOTT KEN DETZNER
Governor Secretary of State
November 14, 2018
Ms. Crystal K. Kinzel, Clerk
Collier County
Post Office Box 413044
Naples, Florida 34101-3044
Attention: Ann Jennejohn
Dear Ms. Kinzel:
Pursuant to the provisions of Section 125.66, Florida Statutes,this will acknowledge receipt of your
electronic copy of Collier County Ordinance No. 2018-56, which was filed in this office on November 14,
2018.
Sincerely,
Ernest L. Reddick
Program Administrator
ELR/lb
R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250
Telephone: (850) 245-6270
www.dos.state.fi.us
17.F.b
Packet Pg. 2201 Attachment: Ordinance 2018-56 - Golden Gate EDZ (11210 : Golden Gate EDZ Trust Fund Cap Increase)
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Redevelopment and Renewal Area
Golden Gate City Economic Development Zone ¯
17.F.c
Packet Pg. 2202 Attachment: Golden Gate City Redevelopment Map BW (11210 : Golden Gate EDZ Trust Fund Cap
17.F.d
Packet Pg. 2203 Attachment: Ordinance amending 2018-56 - JAK signed (11210 : Golden Gate EDZ Trust Fund Cap Increase)
17.F.d
Packet Pg. 2204 Attachment: Ordinance amending 2018-56 - JAK signed (11210 : Golden Gate EDZ Trust Fund Cap Increase)
17.F.d
Packet Pg. 2205 Attachment: Ordinance amending 2018-56 - JAK signed (11210 : Golden Gate EDZ Trust Fund Cap Increase)