Ordinance 2016-18 ORDINANCE NO. 2016-1 8
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA, AMENDING CHAPTER 74 OF
THE COLLIER COUNTY CODE OF LAWS AND ORDINANCES
(BEING THE COLLIER COUNTY CONSOLIDATED IMPACT FEE
ORDINANCE, NO. 2001-13, AS AMENDED) AMENDING
SCHEDULES ONE AND FOUR, OF APPENDIX A, WHICH ARE THE
TRANSPORTATON (ROAD) AND CORRECTIONAL FACILITIES
(JAIL) IMPACT FEE RATE SCHEDULES, IN ACCORDANCE WITH
THE ADOPTED INDEXING METHODOLOGY, UTILIZING A TWO-
YEAR AVERAGE, PROVIDING FOR CONFLICT AND
SEVERABILITY; PROVIDING FOR INCLUSION IN THE COLLIER
COUNTY CODE OF LAWS AND ORDINANCES; PROVIDING FOR A
DELAYED EFFECTIVE DATE OF SEPTEMBER 12, 2016; AND
AMENDING SECTION 74-401(a)(2) TO ALLOW ANY PERSON
SEEKING AN OWNER-OCCUPIED AFFORDABLE HOUSING
DEFERRAL TO FILE AN APPLICATION AFTER RECEIVING A
BUILDING PERMIT FOR THOSE PERMITS ISSUED BETWEEN
JUNE 23, 2015 AND JUNE 23, 2016.
WHEREAS. Collier County uses impact fees to supplement the funding of necessary
capital improvements required to provide public facilities to serve new population and related
development that is necessitated by growth in Collier County; and
WHEREAS, on March 13, 2001, the Board of County Commissioners 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, in October of 2002 the Board of County Commissioners directed that
during the upcoming required three-year updates of the individual impact fees that methodology
also be developed to provide for the annual indexing of the fees in the years between the formal
updates; and
WHEREAS, on February• 28, 2006, the Board of County Commissioners directed that
the indexing methodology for each of the impact fees be reviewed and revised, as appropriate, to
reflect localized information: and
WHEREAS, Collier County retained Tindale-Oliver & Associates, Inc. to complete the
study to localize the indexing methodologies; and
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WHEREAS, on June 26, 2007 the Board of County Commissioners adopted Ordinance
2007-57, thereby adopting the "Collier County Impact Fee Indexing Study," and amending the
Code to reflect the new indexing provisions and amended rates: and
WHEREAS, Tindale-Oliver and Associates, Inc. completed the report titled the "Collier
County Indexing Methodology Study, " which amended portions of the adopted "Collier County
Impact Fee Indexing Study" and recommended that a two-year average be utilized to calculate
the various indices: and
WHEREAS, on April 28, 2009, the Board of County Commissioners adopted Ordinance
No. 2009-17, amending the Code by implementing the revised indexing methodology; and
WHEREAS, on February 10. 2015, the Board adopted Ordinance No. 2015-17, thereby
amending Schedule One and Schedule Four of Appendix A of Chapter 74 of the Code, and
establishing the County's then current Transportation (Road) and Correctional Facilities (Jail)
Impact Fee rates: and
WHEREAS, in 2016, Road and Correctional Facilities, are scheduled to be indexed,
using the adopted methodology; and
WHEREAS. Tindale-Oliver and Associates. Inc. completed the report titled "2016
Indexing Calculations" resulting in an increase in rates of 3.7% for Road. and an increase in rates
of 3% for Jail: and
WHEREAS, staff has thoroughly reviewed the calculations and findings and concurs
with the results of the calculations and the study: and
WHEREAS, staff recommends that the Board of County Commissioners adopt this
Ordinance to implement the recommended changes; and
WHEREAS. Section 163.31801, Florida Statutes, which is the Florida Impact Fee Act,
requires the most recent and localized data he used in impact fee calculations and this annual
index complies with that requirement.
WHEREAS, the Impact Fee Deferral Program for owner-occupied affordable housing
deferrals was suspended in 2009 and was reinstated on June 23, 2015.
WHEREAS, Section 74-401 of Chapter 74 of the Code of Laws and Ordinances requires
that any person seeking a deferral shall file an application prior to receiving a building permit for
the proposed development.
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Page 2 of 8
WHEREAS, on April 26. 2016, the Board of County Commissioners. due to some
developers being unaware that the deferral program had been reinstated, directed staff to amend
Section 74-401 to allow applicants to tile an application for owner-occupied deferrals after
receiving a building permit for permits that were issued after the program was reinstated.
'WHEREAS, staff recommends the Board of County Commissioners amend the Code to
allow applicants to file for an owner-occupied deferral after receiving a building permit for
permits that were issued between June 23, 2015 and June 23, 2016.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
SECTION ONE. Appendix A of Chapter 74 of the Collier County Code of Laws and
Ordinances is hereby amended as set forth in the attachment to this Ordinance.
SECTION TWO. Article IV. Affordable Housing Impact Fee Deferral. Section 74-401, Impact
Fee deferral. of the Collier County Code of Laws and Ordinances is hereby amended to read as
follows:
Section 74-401. Impact fee deferral
***
(a) Applicability
***
(2) Any person seeking an affordable housing deferral for proposed development shall
file with the county manager an application for deferral, prior to receiving a building
permit for the proposed development, or after receiving a building permit for those
permits issued between June 23, 2015 and June 23, 2016. The application for deferral
shall contain the following:
***
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Page 3 of 8
SECTION THREE. 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 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 FOUR. 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-
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 FIVE. EFFECTIVE DATE.
This Ordinance shall be considered adopted upon the date written below; however, the
effective date of the fee schedules shall be delayed to September 12, 2016.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida this\ W,day of acs r+e.>, 2016.
ATTEST BOARD OF COUNTY COMMISSIONERS
afigir is,•ck. Clerk OF CO/LIER COUNTY, FLORIDA
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Appr lve• .. to form and legality:
This ordinance filed with the
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Secretary of State's Office the
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11V and acknowledgetnen of that
Jeffre\A latzkow filin received this 1S'&day
Count torney ofC
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APPENDIX A -SCHEDULE ONE
ROAD IMPACT FEE RATE SCHEDULE
Effective iL�Seotember 12,2016
Impact Fee Land Use Category Rate
Residential
Assisted Living Facility(ALF) $754:00 $787.08 Per Dwelling Unit
Condo/Townhouse(1-2 Stories) x-36 00 $4,735.98 Per Dwelling Unit
High-Rise Condominium(3+Stories) $3.309:80 $3.431.43 Per Dwelling Unit
Mobile Home $2.966:00 $3.075.74 Per Dwelling Unit
Multi-Family(Apartments)1-10 Stories ¶5,2, 2221.0 $5.417.29 Per Dwelling Unit
Multi-Family(Apartments)>10 Stories $3.329.00 $3,452.17 Per Dwelling Unit
Retirement Community $2:628:00 $2,725.24 Per Dwelling Unit
Single Family Detached House
Less than 4,000 sq.ft. $7;04-7:00 57,276.63 Per Dwelling Unit
4.000 sq. ft.or larger $8,445,00 $8,757.47 Per Dwelling Unit
Non-Residential
Auto Sales-Luxury $10419.00 $10,700.80 Per 1.000 sq.fl.
Auto Sales-New/Used $45,9-10.00 $16,498.67 Per 1.000 sq.ft.
Bank/Savings:Drive-In ¶-7,388.00 $28,310.10 Per 1,000 sq.ft.
Bank/Savings:Walk-In $284:88 $21,542.64 Per 1.000 sq.it
Business Park $9:416.00 $9.764.39 Per 1.000 sq.ft.
Car Wash-Automatic $3+482.00 $32,646.83 Per 1.000 sq.ft.
Car Wash-Self-Service $9,799:00 $10,161.56 Per Service Bay
Church $328.00 $340.14 Per Seat
College/University(Private)
<7.501 Students $1.648.00 $1,708.98 Per Student
>7.500 Students $-6236:00 $1,281.73 Per Student
Convenience Store (24 hours) $6-8,709:80 $68,140.23 Per 1,000 sq.Ii.
Convenience Store w/Gas Pumps
4 or less Fuel Positions $24,42840 $25,331.84 Per Fuel Position
5-6 Fuel Positions $+9.809:80 $20,541.93 Per Fuel Position
7-8 Fuel Positions $16,896.80 $17.521.15 Per Fuel Position
9- 10 Fuel Positions 1,1-4,3.79,40 $14.911.02 Per Fuel Position
11 - 12 Fuel Positions $1.3444:80 $13,537.00 Per Fuel Position
13 or more Fuel Positions $1-1,891.10 $12,330.97 Per Fuel Position
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Impact Fee band l se Category Rate
Non-Residential(Coned)
Dance Studios/Gymnastics 3773380 $8,019.12 Per 1,000 sq.ft.
Day Care $96709 $1,002.78 Per Student
Furniture Store C2 :-.00 $2,64539 Per 1.000 sq.ft.
Gasoline/Service Station $5,12-1.00 $5.310.48 Per Fuel Position
General Light Industrial $5;3x3.00 $5.571.80 Per 1.000 sq.ft.
Golf Course $1°a,X9248 $200,651.20 Per 18!toles
Golf Course-Bundled $58,034:88 $60,202.00 Per 18 Holes
Home Improvement Store $7034:00 $7.315.00 Per 1,000 sq.ft.
Hospital 39:322.08 $9,666.91 Per 1,000 sq.ft.
Hotel $3341.00 $3,675.13 Per Room
Hotel-All Suites e2. 0 $2,835.16 Per Room
Manufacturing 52,943.00 $3,051.89 Per 1.000 sq.ft.
Marina $7.144.00 $2,534.43 Per Berth(Dry/Wet)
Mine/Commercial Excavation $&00 $8.30 Per 1.000 cubic yards
Mini-Warehouse $942:00 $976.85 Per 1,000 sq.ft.
Motel 52:909-08 $3,016.63 Per Room
Movie Theater $31,36-388 $32.523.43 Per Screen
Nursing Home $97288 $1,007.96 Per Bed
Office 6.000 sq.ft.or less 38,-1-1.1:00 $8,414.22 Per 1,000 sq.ft.
Office 6,001- 100,000 sq.ft. $9664.00 $10,018.46 Per 1,000 sq.ft.
Office 100.001-200,000 sq.ft. $8:491:80 $8.494.07 Per 1.000 sq.ft.
Office 200.001-400,000 sq.ft. $692380 $7,179.15 Per 1.000 sq.ft.
Office Greater than 400.000 sq.ft. $6253.00 $6,515.47 Per 1,000 sq.ft.
Office-Medical Greater than 10.000 sq.ft. $26.689:00 $27,676.49 Per 1,000 sq.ft.
Office-Medical 10,000 sq.ft.or less $18,32888 $19,006.14 Per 1,000 sq.ft.
Ph rm y/D Store 39538288 9 936.53 Per 1.000 sq.ft.
a ac, rug, o $ ,
Quick Lube 310;883:00 $10,456.07 Per Service Bay
Restaurant-Fast Food w/Drive-In 391.025:90 $94,396.04 Per 1,000 sq.ft.
Restaurant-thigh Turnover $4765700 $1,718.31 Per Seat
Restaurant-Low Turnover $1:86588 $1,104.41 Per Seat
Retail 6.000 Sq.Ft.or Less $5.370:00 $5,568.69 Per 1,000 sq.ft.
Retail 6,001-25,000 Sq.Ft. $10.064:00 $10,436.37 Per 1,000 sq.ft.
Retail 25.001-50,000 Sq.Ft. $13,496.00 $13,995.35 Per 1,000 sq.ft.
Retail 50,001-100,000 Sq.Ft. $14.548.08 $15,077.98 Per 1,000 sq.ft.
Retail 100.001-150.000 Sq.Ft. S4-3,-5-3-1,00 $14,031.65 Per 1,000 sq.ft.
Retail 150,001-200,000 Sq.Ft. $4-279-54.44) $13.434.34 Per 1,000 sq.ft.
Retail 200.001-400.000 Sq.Ft. $4-2,244:00 $12,697.03 Per 1.000 sq.ft.
Retail 400,001-600.000 Sq.Ft. $412.868:00 $12,514.52 Per 1.000 sq.ft.
Retail 600.001-1.000,000 Sq.Ft. $4.2.586.08 $13,051.68 Per 1,000 sq.ft.
Retail >1.000.000 Sq.Ft. $42:81880 $13,292.27 Per 1,000 sq.ft.
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Impact Fee Land Use Category Rate
Von-Residential(Cont'd)
Retail-Specialty 318,131-00 $18,801.85 Per 1,000 sq.ft.
RV Park $4,1-56,00 $1,198.77 Per Site
School-Elementary(Private) $687:00 $712.42 Per Student
School-Middle(Private) $969•.00 S1.004.85 Per Student
School-High School(Private) $1023.80 $1,060.85 Per Student
Supermarket $18:864:00 $18,732.37 Per 1,000 sq.ft.
Tire Store $7,789.00 $7,994.23 Per Service Bay
Warehouse $2,737.00 $2,838.27 Per 1,000 sq.ti.
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APPENDIX A-SCHEDULE FOUR
CORRECTIONAL FACILITIES(JAIL)IMPACT FEE RATE SCHEDULE
Effective M4tty-l-lr-201.3 September 12,2016
Impact Fee Land l'se Category Rate
Residential
Assisted Living Facility $219.22 $225.80 Per Dwelling Unit
Condo/Townhouse(1-2 Stories) $24532 $252.68 Per Dwelling Unit
High-Rise Condominium(3+Stories) $243.32 $252.68 Per Dwelling Unit
Mobile Home/RV tie-down 02544 $387.08 Per Dwelling Unit/Site
Multi-Family ¶2-4464- $223.11 Per Dwelling Unit
Multi-Family-More than 10 Stories $246fi-4 $223.11 Per Dwelling Unit
Retirement Community $293-56 $209.67 Per Dwelling Unit
Single Family
Less than 4,000 sq ft. $472.37 $486.54 Per Dwelling Unit
4,000 sq.ft.or larger $540.23 $556.44 Per Dwelling Unit
Non-Residential
Auto Sales(Luxury) $268.81 $276.87 Per 1,000 sq.ft.
Auto Sales(New/Used) $38364 $395.15 Per 1,000 sq.ft.
Bank/Savings:Drive-In ¶595.03 $612 88 Per 1,000 sq.ft.
Bank/Savings.Walk-1n $581.99 $599.45 Per 1,000 sq.ft.
Business Park $23044 $258.06 Per 1,000 sq ft.
Car Wash-Self-Service $227.05 $233.86 Per Service Bay
Car Wash-Automated $459.32 $473.10 Per 1,000 sq.ft
Church $7 83 $8.06 Per seat
College/University(Private)
<7,501 $26-10 $26.88 Per Student
>7,500 54847 $18.82 Per Student
Convenience Store (24 hours) S4-427-56 $1,470.39 Per 1,000 sq.ft.
Convenience Store w/Gas Pumps
4 or less Fuel Positions $1,135.26 $1,169.32 Per Fuel Position
5-6 Fuel Positions 394563 $994.60 l'er Fuel Position
7-8 Fuel Positions $8.48-62 $884.38 Pcr Fuel Position
9-10 Fuel Positions $767.2$ $790.30 Per Fuel Position
II-12 Fuel Positions $717.79 $739.23 Per Fuel Position
13 or more Fuel Positions $675-94 $696.22 Per Fuel Position
Dance Studio/Gyms $579-38 $596.76 Per 1,000 sq.ft.
Day Care $4393 $13.44 Per Student
Furniture Store $62-64 $64.52 Per 1,000 sq.ft.
Gasoline/Service Station $49847 $513.42 Per Fuel Position
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Impact Fee Land Use Category Rate
Non-Residential(Cont'd)
Golf Course $5,07345 55.225.65 Per 18 Holes
Golf Course-Bundled 51,521.51 $1,567.16 Per 18 Holes
Home Improvement Store $472.37 $486.54 Per 1,000 sq.ft.
Hospital $357.54 $368.27 Per 1,000 sq.ft.
Hotel $208778 $215.04 Per Room
Industrial-General Light 5180,08 $185.48 Per 1,000 sq.ft.
Manufacturing 54-3949 5134.40 Per 1,000 sq.ft.
Marina $4949 $51.08 Per Berth
Mini-Warehouse S45,66 $16.13 Per 1,000 sq.ft
Motel $198.34 $204.29 Per Room
Mos ie Theater $1,560466 S1,607.48 Per Screen
Nursing Home $234-88 $241.93 Per Bed
Office 6,000 sq ft.or less S260?98 $268.81 Per 1,000 sq ft.
Office 6,001-100,000 sq ft 5310.57 $319.89 Per 1,000 sq ft.
Office 100,001-200,00{)sq ft $26349 $271.50 Per 1,000 sq.ft
Office 200,001-400,000 sq ft. $221.83 $228.48 Per 1,000 sq.ft.
Office Greater than 400,000 sq ft. $209:95 $206.98 Per 1,000 sq.ft
Office-Medical greater than 10,000 sq.ft. $433.23 $446.23 Per 1,000 sq.ft.
Office-Medical 10,000 sq.ft.or less $297.53 $306.45 Per 1,000 sq.ft.
Pharmacy/Drug Store $511.52 $526.87 Per 1,000 sq.ft.
Quick Lube $302.74 $311.82 Per Service Bay
RV Park $130:49 $13440 Per Site
Restaurant-Fast Food w/Drive-ln $2,322.72 52.392.40 Per 1,000 sq.ft.
Restaurant-High Turnover $7946 $72.57 Per seat
Restaurant-Low Turnover $57.42 $59.14 Per seat
Retail 6,000 Sq.Ft.or Less $639-40 $658.58 Per 1,000 sq.ft.
Retail 6,001-25,000 Sq.Ft $63940 $65$.58 Per 1,000 sq.II.
Retail 25,001.50,000 Sq.Ft. $63940 $658.58 Per 1,000 sq.II.
Retail 50,001-I00,000 Sq.Ft. $64201 $661.27 Per 1,000 sq.ft.
Retail 100,001-150,000 Sq.Ft. $587-21 $604.83 Per 1,000 sq.ft.
Retail 150,001-200,000 Sq.Ft. $747-70 $739.23 Per 1,000 sq.ft.
Retail 200,001-400,000 Sq.Ft. $610.69 5629.01 Per 1,000 sq.ft.
Retail 400,001-600,000 Sq Ft. $636.79 $655.89 Per 1,000 sq ft
Retail 600,001-1,000,000 Sq.Ft. $63+37 $650 52 Per 1,000 sq ft
Retail >1,000.000 Sq Ft. $515.45 $561 81 Per 1,000 sq ti.
Retail-Specialty $441-. $454 29 Per 1,000 sq ft
School-Elementary(Private) 51566 $16 13 Per Student
School-Middle(Private) 518.27 $18,82 Per Student
School-High School(Private) 32948 $21 51 Per Student
Supermarket 55-3404 $551.06 Per 1,000 sq.ft.
Tire Store $349-74 $360.20 Per Service Bay
Warehouse 73.07 $75.26 Per 1,000 sq.ft.
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FLORIDA DEPARTMENT Of STATE
,
RICK SCOTT KEN DETZNER
Governor Secretary of State
June 15, 2016
Honorable Dwight E. Brock
Clerk of the Circuit Court
Collier County
Post Office Box 413044
Naples, Florida 34101-3044
Attention: Teresa L. Cannon, BMR Senior Clerk
Dear Mr. Brock:
Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your
electronic copy of Collier County Ordinance No. 2016-18, which was filed in this office on June 15, 2016.
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.fl.us