Ordinance 2005-33
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! IEŒJVED AJ RDINANCE OFO:;N:::N:~ 2;:::: COMMISSIO:~~
~ LIER COUNTY, FLORIDA, AMENDING SCHEDULE EIGH¡t?()F
ðe-~ 6L.q PENDIX A OF CHAPTER 74 OF THE COLLIER COUNTY COrÆ:ÐF~
l-I£Oc¡. LAWS AND ORDINANCES, AS AMENDED, THAT ORDINANCE BEì"5i!G r;?
THE COLLIER COUNTY CONSOLIDATED IMPACT ~ N
ORDINANCE, NO. 2001-13, PROVIDING FOR THE INCORPORATij5Ñ, -1
BY REFERENCE, OF THE AMENDED IMPACT FEE STUDY
ENTITLED "COLLIER COUNTY LIBRARY FACILITIES AND ITEMS
IMPACT FEE UPDATE (WITH REVISIONS IN APRIL 2005),"
REVISING THE LIBRARY SYSTEM IMPACT FEE RATE SCHEDULE,
AS SET FORTH IN THE REVISED IMPACT FEE UPDATE STUDY AND
APPLYING THE ANNUAL INDEXING ADJUSTMENT, TO REFLECT
AN INCREASED NEW RATE OF $180.89 PER ONE THOUSAND (1,000)
SQUARE FEET OF LIVING AREA FOR ALL RESIDENTIAL LAND
USES, THE PROPOSED RATE BEING SPECIFIED IN REVISED
SCHEDULE EIGHT OF APPENDIX A; PROVIDING FOR CONFLICT
AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE
OF LAWS AND ORDINANCES; AND PROVIDING FOR A DELAYED
EFFECTIVE DATE OF AUGUST 1,2005.
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WHEREAS, on December 13, 1988, the Board of County Commissioners adopted
Ordinance No. 88-97, the Collier County Library System Impact Fee Ordinance, thereby
establishing the County's then applicable Library System Impact Fee rates; and
WHEREAS, on March 13, 2001, the Board of County Commissioners adopted
Ordinance No. 2001-13, the Collier County Consolidated Impact Fee Ordinance (hereinafter
"CIFO"), 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 incorporating the
aforementioned Library System Impact Fee rates then in effect; and
WHEREAS, on March 23, 2004, the Board of County Commissioners adopted
Ordinance No. 2004-21 which amended the CIFO and Chapter 74 of the Code of Laws and
Ordinances to update the Library System Impact Fees, through the adopted impact fee report
titled "Collier County Library Facilities and Items Impact Fee Update," dated March 4, 2004
(hereinafter the "Fee Report"), prepared by Tindale-Oliver and Associates (hereinafter the
"Consultant"); and
WHEREAS, the Fee Report established the methodology for the calculation of the
Library Systems Impact Fee and developed the appropriate and applicable impact fee rate(s); and
WHEREAS, the Fee Report contained credits for grants and other revenue which are not
a proper component ofthe calculation; and
WHEREAS, having been alerted to this, the Consultant has revised the Fee Report to
excJude the improper credit calcuhltion, resulting in a 19% increased impact fee rate; and
Undcrlined text is added; 8lrusl( Il1reugl1 text is dclcted
WHEREAS, the revision to the impact fee rate, together with an indexing adjustment of
2.56%, equates to a new rate of $180.89 per one thousand (1,000) square feet of living area for
alJ new residential development; and
WHEREAS, having reviewed the calculations and findings of both the Fee Report and
Consultant's Revisions, staff concurs with the recommended change to the Library System
Impact Fee rate schedule, and recommends that the Board of County Commissioners adopt this
Ordinance to implement these recommended changes to the Fee Report and the applicable fee
schedule; and
WHEREAS, the Board of County Commissioners accepts the recommendations from
staff.
NOW, THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
SECTION ONE.
Article I, General, Section 74-106, Adoption of impact fee studies, of the
Collier County Code of Laws and Ordinances is hereby amended to read as follows:
Section 74-106.
Adoption of Impact Fee Studies.
***
(4) Library facilities: "ColJier County Library Facilities and Items Impact Fee
Update" prepared by Tindale-Oliver and Associates, Inc. (March 4, 2004 with
revisions in April 2005)
SECTION TWO. Schedule 8 of Appendix A of Chapter 74 of the Collier County Code of
Laws and Ordinances is hereby amended to read as follows:
Land Use Category
Impact Fee Rate
Residential Land Use:
Residential
$148.28 $180.89 per 1,000 square feet
(Maximum fee of $593.12 $723.56)*
* If the 8fJfJlie8eJe 8E)1:I8re footage of tRe assessed resideRtiall:lse exceeds 4,(){){) square
feet, oRly 4,000 square feet sRall be taken into account to øalculate the applicable Library System
Impact Fee applicable to the respeotive resideRtialuse. ,,"applying tRis sCRedl-:1le tRe Library
System Impaot Fee cRaB Het eKeeed $593.12 e.c-fs.ue"''ffl,~.2g iHi:dtip:;ðG by 4. The Library
System Impact Fee is capped based upon the fee applicable to a 4.000 square foot dwelling unit.
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
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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 CODE OF LAWS AND ORDINANCES.
The provisions in Sections One and Two of this Ordinance shall be made a part of the Code
of Laws and Ordinances of Co11ier County, Florida. The sections of the Ordinances may be
renumbered or re-Iettered 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 effective August 1, 2005, subject to filing with the Florida
Department of State.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
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County, Florida this ,;; f âay of June 2005.
ATTEST
Dwight E. Brp~f'"ìÇ!:rk
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By:~~YOj~~4 . Dc
Attest .s tÐ;~çbiituft~'P~ty. Clerk
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BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
By: ~;'¡E'~
This ordinance filed with tnè
Secretary of State's Office the
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and aá.nowledqement of thai
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STATE OF FLORIDA)
COUNTY OF COLLIER)
I, DWIGHT E. BROCK, Clerk of Courts in and for the
Twentieth Judicial Circuit, Collier County, Florida, do
hereby certify that the foregoing is a true and correct
copy of:
ORDINANCE 2005-33
Which was adopted by the Board of County Commissioners
on the 28th day of June 2005, during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 30th
day of June, 2005.
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DWIGHT E. BROC~,< :\~fi·;. ,1\
Clerk of Courd;¡r~a.~~..t¡~.k
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By: Linda A.····'~~~~·;\~~: ~
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Deputy Clerk' .""" :;:' C
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