Agenda 04/12/2011 Item #17C
4/12/2011 Item H.C.
EXECUTIVE SUMMARY
Recommendation to adopt an Ordinance amending the Collier County Consolidated Impact Fee
Ordinance, Ordinance No. 2001-13, as amended, to incOl-porate a provision clarifying the imposition of
Water and Sewer Impact Fees on geographic areas within the Collier County Water-Sewer District until
sucb a time when connection to the regional water and/or sewer system is anticipated witbin a ten-year
period as identified by tbe most current Public Utilities Water and Wastewater Master Plan Updates and
tbe 2010 Annual Update and Invento" Report.
OBJECTIVE: That the Board of County Commissioners (Board) adopt an amendment to Ordinance No. 2001-
13, as amended. to a) exempt payment of Water and Sewer Impact Fees. during the normal land development
process, from geographic areas that have no foreseeable potential to be provided with potable water and/or sewer
services by the Collier County Water-Sewer District (District) within ten ycars as identified by the most current
Public Utilities Water and Wastewater Master Plan Updates and the 2010 Annual Update and Inventory Report
(AUIR); b) suspend exemption from payment of Water and Sewer Impact Fees, during the nonnal land
development process, from those certain geographical areas reflected in Ordinance 2001-13 that now meet the
criteria for imposition of impact fees; and, c) correct an omission in a geographically described area that is
excluded from the imposition of sewer impact fees.
CONSIDERATIONS: On November 18,2008, during its reguiar meeting under Agenda Item 6A Public Petition,
the Board directed staff to review the existing District boundaries to determine those geographic areas the District
planned to provide with potable water and sewer services within the next ten ycars. The intent of the review was
to determine those areas that could be added to the geographic areas currently identified in the Collier County
Consolidated Impact Fee Ordinance, Ordinance No. 2001-13, codified as Section 74-303 (C) 1 in the Code of
Laws and Ordinances "Limitation on Applicability:' as expressly excluded from the imposition of Water and
Sewer Impact Fees until such time those Developments are within ten years of being connected to the Regional
Water and/or Sewer Systems as identified by the most current Public Utilities Watcr and Wastewater Master Plan
Updates and the AUlR.
On March 8, 20] 1, the Board, under Agenda Item 16C I, authorized staff to advel1ise a new ordinance
amendment. Tbe item was advertised as directcd on March 27. 2011 in Collier County's newspaper of record, the
Naples Daily News.
Through a review of the District's current boundaries, in-place water distribution and sewer coJlection system
infrastructure, the 2008 Water and Wastewater Master Plan Updates adopted by the Board on June 24, 2008,
Agenda Item lOG, and the 20]0 AUIR adopted hy the Board at the November 10.2010, special meeting, staff
identified the foJlowing geographic arcas that would not fall within the ten year development/connection period.
AJI of the lands described herein are in CoJlier County, Florida, and within the Collier County Water-Sewer
Distriet.
Any and aJl ponions of Section 25, Township 49 South, Range 26 East within the Collier County Water-Sewer
District boundaries.
Any and all portions of Section] 5, Township 48 South, Rangc 26 Fast within thc Collier County Water-Sewer
District boundaries.
Any and all portions of Sections 25, 26, 36, Township 50 South, Range 25 East within the Collier County Water-
Sewer District boundaries.
Any and all portions of Sections 5, 6. 8. 9,16, 21. 25, 28. 29, 30, 34, 35, 36, Township 51 South, Range 26 East
within the Collier County Water-Sewer District boundaries.
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4/12/2011 Item 17.C.
Any and all portions of Sections 5, 6, 9, 15, 19, 29, 30. 31, 32. 33. 34, Township 51 South. Range n East within
the Collier County Water-Sewer District boundaries.
Any and all portions of Sections 1. 2. 3, 4, 10, 11. 12,24, Township 52 South. Range 26 East within the Collier
County Water-Sewer District boundaries.
Any and all portions of Sections 3, 4, 5. 6, 7. 8, 9, 10, 11, 15, 16, 17.20,21,22,28, 29, 30, 31, 32, Township 52
South. Range n East within the Collicr County Water-Scwer District boundaries.
Rather than expressly exclude the aforementioned areas from the geographic boundaries of the District, only to
have to amend the Ordinance again to bring those areas back within the boundaries at a future date at a subsequent
cost, the proposed amendment clarifies the policy to impose and collect water and sewcr impact fees hased on
objective criteria tied to a foreseeable ten-ycar connection period. To prohibit the future collection of water and
sewer impact fees under the Ordinance in geographical areas where development and/or connection to water
and/or sewer services is not reasonably imminent, the proposed amended ordinance exempts the payment of
Water and Sewer Impact Fees. during the normal land development process, from geographic areas that have no
foreseeable potential to be provided with potable water and/or sewer services by the District within ten years as
identified by the most current Public Utilities Water and Wastewater Master Plan Updates and the AUIR.
The following sections, townships. and ranges will be excluded from water and sewer impact fees exemption:
Any and all portions of Golden Gates Estates, Unit 30, Plat Book 7, Page 58, Public Records of Collier County,
Florida and Golden Gates Estates. Unit 31. Plat Book 7. Page 59, Public Records of Collier County. Florida,
Sections 20 and 29 Township 49 South, Range 26 East within the Collier County Watcr-Sewer District
boundarics, as referenced in Section 74-303 C ,I .c. (9) and (10) of Ordinance 2001-13.
Any and all portions of Scction 17, Township 50 South. Range 26 East within the Collier County Water-Sewer
District boundaries. as referenced in Section 74-303 C,],g, of Ordinance 2001-13.
Any and all portions of Section 26, Township 50 South, Range 26 East within the Collier County Water-Sewer
District boundarics, as referenced in Section 74-303 C.1.k. of Ordinance 2001-13.
Any and all pOJiions of Sections 11 and 12. Township 51 South, Range 26 East within the Collier County Water-
Sewer District boundaries, as referenced in Section 74-303 C.1.k. Ordinance 2001-13.
Any and all portions of Section 20. Township 51 South, Range 27 East within the Collier County Water-Sewcr
District boundaries, as referenced in Section 74-303 C.1.k, of Ordinance 2001-13.
During the completion of a Geographical Information System (G1S) layer of the District's boundaries, and
identification of the exempt areas pursuant to Ordinance 2001-13. as amended, it was discovered that the areas
included in F.C.2.g. inadvertently omitted inclusion of the description of any and all portions of Government Lot
1. Section 6, Township 52 South, Range 26 East developed as part orIsles of Capri, but which is not included in
Isles of Capri No. I. Plat Book 3. Page 41. Public Records of Collier County. Florida. The geographic area of
Government Lot ], Section 6. To\vnship 52 South. Range 26 East has received exemption from any sc\:vcr impact
fees during the development phase of those propel1ies. However, the description contained in Section 74-303
C.2.g. of Ordinance 2001-13 requires correction. This revision \vill not result in any change in the application of
water impact fees or change the sewer impact fee exemption to the property O\VllCrS in this District area.
FISCAL IMPACT: The fiscal impact related to the adoption of this Ordinance is the addition or loss of
prospective Water and Sewer Impact Fees in an indeterminable amount. However, this action mitigates the
administrative effotis of refunding Water and Sewer Impact Fees in subsequent periods.
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4/12/2011 Item 17.C.
GROWTH MANAGEMENT IMPACT: Impact Fees generate funds to be spent on capital improvements to
public facilities necessitated by growth. This is consistent with Objective 2 of the Capital Improvement Element
of the Collier County Gro"'1h Management Plan, which states "Future development will bear a proportionate cost
of facility improvements necessitated by growth," This proposed Ordinance does not in any way waive Water
and Sewer Impact Fees for any Development connecting to the District's Regional Water and/or Regional Sewer
System; rather, delays the collection of such applicable Impact Fees until such time that the provision of potable
water and sewer services is anticipated \vithin ten )'cars.
LEGAL CONSIDERATIONS: This item has been reviewed and approved by the County Attorney's Office and
is otherwise legally sufficient for Board action. This item requires a majority vote. JBW
RECOMMENDATION: That the Board of County Commissioners adopt an Ordinance amending the Collier
County Consolidated Impact Fee Ordinance, Ordinance No. 2001- J 3, as amended, to incorporate a provision
clarifying the imposition of Water and Sewer Impact Fees on geographic areas within the Collier County Water-
Sewer District until such a time ",hen connection to the regional water and/or sewer system is anticipated within a
ten-year period as identified by the most current Public Utilities Water a11d Wastewater Master Plan Updates and
the 2010 AUIR.
PREPARED BY: Gilbert Moncivaiz, Impact Fee Coordinator, Public Utilities Division
A TT ACHMENTS: Proposed Amended Ordinance, water cxempt map, and scwer exempt map.
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4/12/2011 Item 17.C.
COLLIER COUNTY
Board of County Commissioners
Item Number: 17.C.
Item Summary: Recommendation to adopt an Ordinance amending the Collier County
Consolidated Impact Fee Ordinance, Ordinance No. 2001-13, as amended, to incorporate a
provision clarifying the imposition of Water and Sewer Impact Fees on geographic areas within
the Collier County Water-Sewer District until such a time when connection to the regional
water and/or sewer system is anticipated within a ten-year period as identified by the most
current Public Utilities Water and Wastewater Master Plan Updates and the 2010 Annual
Update and Inventory Report.
Meeting Date: 4/12/2011
Prepared By
Name: Gilbert Moncivaiz
Tit]e: Impact Fee Coordinator.Utilities Finance Operation
3/18/20] 1 8: 17:07 AM
Submitted by
Tit]e: Impact Fee CoordinatoLUtilities Finance Operation
Name: Gilbert Moncivaiz
3/181201] 8: 17:08 AM
Approved By
Name: HapkeMargie
Title: VALUE MISSING
Date: 3/] 8/2011 ] 1: 17:57 AM
Name: WidesTom
Title: Director - Operations Support - PlIO.Utilities Fina
Date: 312 I 12011 ] :22:33 PM
Name: WhiteJennifer
Title: Assistant County Attorney,County Attorney
Date: 3121/201 12:48:49 PM
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4/12/2011 Item 17.C.
Name: DeLonyJim
Title: Administrator - Public Utilities,
Date: 3/2412011 8:57:55 AM
Name: KlatzkowJeff
Title: County Attorney,
Date: 3/28/2011 12:02:27 PM
Name: lsacksonMark
Title: Director-Corp Financial and Mgmt Svs,CMO
Date: 4/4/2011 11 :53:53 AM
Name: UsherSusan
Title: Management/Budget Analyst, Senior,Office of Manage
Date: 4/5/2011 ] 1:14:32 AM
Name: KlatzkowJeff
Title: County Attorney,
Date: 4/5/2011 11:21 :31 AM
Name: lsacksonMark
Title: Director-Corp Financial and Mgmt Svs,CMO
Date: 4/5/2011 1 :23:39 PM
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4/12/2011 Item 17.C.
ORDINANCE NO. 2011-
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA, AMENDING THE COLLIER
COUNTY CONSOLIDATED IMPACT FEE ORDINANCE, NO. 2001-13,
AS AMENDED, TO INCORPORATE A PROVISION CLARIFYING
THE IMPOSITION OF WATER AND SEWER IMPACT FEES ON
GEOGRAPHIC AREAS WITHIN THE COLLIER COUNTY WATER-
SEWER DISTRICT UNTIL SUCH A TIME WHEN CONNECTION TO
THE REGIONAL WATER AND/OR SEWER SYSTEM IS
ANTICIPATED WITHIN A TEN-YEAR PERIOD AS IDENTIFIED BY
THE MOST CURRENT PUBLIC UTILITIES WATER AND
WASTEWATER MASTER PLAN UPDATES AND THE ANNUAL
UPDATE AND INVENTORY REPORT; PROVIDING FOR CONFLICT
AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE
COLLIER COUNTY CODE OF LAWS AND ORDINANCES; AND,
PROVIDING 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. 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; and
WHEREAS, on December I, 2009, the Board of County Commissioners adopted
Ordinance No. 2009-64 amending Ordinance No. 2001-13 by adding paragraph c.(l)m. to reflect
additional excluded geographic areas to the imposition of impact fees; and
WHEREAS, the adoption of this Amendment will amend Section 74-303 (C)(l) of the
Collier County Code of Laws and Ordinances relating to the applicability and imposition of
Water and Sewer Impact Fees on geographic areas within the Collier County Water-Sewer
District to clarify and limit the imposition of Water and Sewer impact fees on additional
geographic areas within the Collier County Water-Sewer District until such a time when
connection to the Regional Water and or Sewer System is anticipated within a ten-year period as
identified by the most current Public Utilities Water and Wastewater Master Plan Updates and
the Annual Update and Inventory Report during the normal land development process.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
Page 1 of 4
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4/12/2011 Item 17.C.
SECTION ONE. Article II, Impact Fees, Section 74-303, Special Requirements for Water
Impact Fee and/or Sewer Impact Fee, subsection C, Limitation on Applicability, of the Collier
County Code of Laws and Ordinances is hereby amended to read as follows:
Section 74-303. Special Requirements for Water Impact Fee andlor Sewer Impact Fee.
***
C. Limitation on Applicability. Notwithstanding the general applicability provisions
set forth in this chapter, water and sewer impact fees shall be limited as follows:
(1) The imposition of water and sewer impact fees shall not apply within the
geographic areas expressly excluded by this chapter for purposes of the water andlor
sewer service, development shall include only development on lands within the county
water sewer district, exclusive of lands encompassed by the geC'graphic areas described
hereunder subject to the following condition: the imposition and wllection of water and
sewer impact fees on geographic arcas within the county water sewer district shall not
take place until such time when connection to the regional water andlor sewer system is
anticipated within a ten-year period as identified by the most current county Public
Utilities Water and Wastewater Master Plan Updates and the Annual Update and
Inventory Report. Lands within the county generally excluded from the generally
applicable definition of "development" as it relates to the water and/or sewer service
include (thc exclusions set forth below are not all-inclusive) lands lying within the
excluded areas which are either required to connect or request connection to the regional
water system, or which otherwise create a grO\vth necessitated demand upon the regional
water system shall be subject to the imposition of impact fees in accordance with this
chapter in the same mmmer as if said lands were not within the excluded geographic area:
***
n. Anv and all portions of Section 25. Township 49 South. Range 26 East within the Collier
County Water-Sewer District boundaries. Any and all portions of Section 15. Township 48 South. Range
26 East within the Collier County Water-Sewer District boundaries. Anv and all portions of Sections 25.
26.36. Township 50 South. Range 25 East within the Collier County Water-Sewer District boundaries.
Any and all portions of Sections 5. 6. 8. 9.16. 21. 25. 28. 29. 30. 34. 35. 36. Township 51 South. Range
26 East within the Collier County Water-Sewer District boundaries. Any and all portions of Sections 5. 6.
9. 15. ] 9. 29. 30. 31. 32. 33. 34. Township 51 South. Range 27 East within the Collier County Water-
Sewer District boundaries. Any and all portions of Sections 1. 2. 3. 4. 10. II. 12.24. Township 52 South.
Range 26 East within the Collier County Water-Sewer District boundaries. Any and all portions of
Page 2 of 4
Underlined text is added; scruek through text is deleted.
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4/12/2011 Item 17.C.
Sections 3. 4.5.6.7.8.9. 10. 11. 15. 16. 17.20.21. 22. 28. 29. 30. 31. 32. Township 52 South. Range 27
East within the Collier County Water-Sewer District boundaries.
...
The following sections. townships and ranges will be excluded from water and sewer impact fee
exemption:
Anv and all portions of Golden Gates Estates. Unit 30. Plat Book 7. Page 58. Public Records of Collier
County. Florida and Golden Gates Estates. Unit 31. Plat Book 7. Page 59. Public Records of Collier
County. Florida. Sections 20 and 29 Township 49 South. Range 26 East within the Collier County Water-
Sewer District boundaries. as referenced in Section 74-303 C.l.c. (9) and (10) of Ordinance 2001-13. Anv
and all portions of Section 17. Township 50 South. Range 26 East within the Collier County Water-Sewer
District boundaries. as referenced in Section 74-303 C.l.g. of Ordinance 2001-13. Anv and all portions of
Section 26. Township 50 South. Range 26 East within the Collier County Water-Sewer District
boundaries. as referenced in Section 74-303 C.I.k. of Ordinance 2001-13. Anv and all portions of
Sections II and 12. Township 51 South. Range 26 East within the Collier County Water-Sewer District
boundaries. as referenced in Section 74-303 C.l.k. Ordinance 2001-13. Anv and all portions of Section
20. Township 51 South. Range 27 East within the Collier County Water-Sewer District boundaries. as
referenced in Section 74-303 C.l.k. of Ordinance 2001-13.
...
Section F.C.2.g. of Ordinance 2001-13 shall be amended to include any and all portions of Government
Lot I. Section 6. Township 52 Sonth. Range 26 East developed as part of Isles of Capri. but which is not
included in Isles of Capri No.1. Plat Book 3. Page 41. Public Records of Collier County. Florida.
...
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 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 section of the Ordinance may be renumbered or
relettered and internal cross-references amended throughout to accompiish such, and the word
"ordinance" may be changed to "section," "article," or any other appropriate word.
SECTION FOUR. EFFECTIVE DATE.
The Ordinance shall become effective upon filing with the Secretary of State.
Page 3 of 4
Underlined text is added; struck through text is deleted.
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4/12/2011 Item 17.C.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida this day of ,2011.
ATTEST:
Dwight E. Brock, Clerk
BOARD OF C01JNTY COMMISSIONERS
OF COLLIER COlTNTY. FLORIDA
By:
By: _~._.
Fred W. Coyle. CHAIRMAN
. Deputy Clerk
Approved as to form
and legal sufficiency:
\\ 1~Y0 \;v..::t.t
~. i'hitc
Assistant County Attorney
f\'lgc 4 of 4
Underlined lext is added; stR~ text is deleted.
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4/12/2011 Item H.C.
'Naples DaDy News ~SUDd~!, March 27, 2oi1 · 21D
NOTlce"OF INTENT TO CONSIOER ORDINANCE
Notice is hereby given that on Tuesday, April 12. 2011, in the Boardroom, 3rd Floor,
~ A6mlnistration Building,' Collier County Government Center, 3299 East Tamiaml
Trail, Naples. Florida, tne Board of County Commissioners will consider the enact-
ment of a County Ordinance.. The meeting wfll commence at 9:00 A,M. The title of
the proposed Ordin,nce is as :allows;. ;' .,'
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF-;COlUER COUN-
TY, FLORIDA, AMENDING THE COLLIER COUNTY CONSOliDATED IMPACT FEE ORDI-
NANCE, NO. 2001.13, AS AMENDED. TO INCORPORATE A PROVISION ClARIFYING
THE IMPOSI11QN OF WATER AND SEWER IMPACT FEES ON GEOGRAPHIC AREAS
WITHIN THE, COLLIER COUNTY WATER-SEWER DISTRICT UNTIL SUCH A ,TIME WHEN
CONNECTION TO THE REGIONAL WATER AND/OR SEWER SYSTEM IS ANTIC'PAl"ED,
WITHIN A TEN-YEAR PERIOD AS IDENTIFIED BY THE MOST CURRENT PUBLIC UlIU-
TIES WATER AND WASTEWATER MASTER PlAN UPDATES AND THE ANNUAL UP.
DATE AND INVENTORY REPORT; PROVIDING FOR CONFLICT AND SEVERABILITY;
PROVIDING FOR INCLUSION IN THE COWER COUNTY CODE OF LAWS AND' ORDI-
NANCES; AND, PROVIDING FOR AN EFFECTIVE DATE.
Copil!5 of the proposed OrdinanCe are on file with the Clerk to .the BOard and are
~vailable for Inspection. All interested parties arl! ir.wjte~ to attend and ~ heard.
NOTE: All persons wishing to speak on any agenda item must register with the
County administrator prior to presentation of the agenda rtem to. be addressed.
Individual speakers will be limited to 3 minutes on any item. The selection p1 an irr
dividual to speak on behalf 0' an organization or group is encour8g~d.. If recog-
nized by the Chairman, a spokesperson for a group or organization may be allotted
10 minutes to speak on an item.
Persons wishing to have/written or graphic materials included in the BOard agenda
packets must submit saId material a minimum of 3 weeks prior to the respective
public. hearing. In any case, written materials intended to be considered. by the
Board shall be submitted to the appropriate County staff a minimum of seven days
prior to the public hearing. All material used in presentations before the Board
will become a permanent part of the record.,
Any person Who decides to appeal a decision of the Board will need a record of the
proceedings pertaining thereto and therefore. may need 'to ensure that a verbatim
record of the procet!dings is made. which record includes the. testimony and evi-
_ dence upon which the appeal is bas~d. ,
If you are a p~rson with a disability who needs any accommodation in order to' par-
tiapatein this proceeding, you. are entitled.. at no cost to you, to the .provision of
certain .assistance. Please]' contact the Collier County Facilities Management Oepart~
ment,. located at 3335 amiami Tr.ail East, Suite "01, Building W, Naples; Florida
34112, (239) 252-8380. Assisted listening devices for the hearing impaired are avail-
able in the County Commissioners' Office.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, flORIDA
FRED COYLE, CHAIRMAN
DWIGHT E. BROCK. CLERK
By: Martha Vergara. Deputy Clerk
,(SEAL)
M:if"rh n 7011
Nn1R44766
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