Ordinance 2005-66
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: (~ I ORDINANCE NO. 2005- 66
~ ~,..... ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OJi'
.~ LLIER COUNTY, _FLORIDA, AMENDING SCHEDULE TEN OF'\
~l.... 18aeft"-.t#i. ÄPPENDIX A OF CHAPTER 74 OF THE COLLIER COUNTY COD$ OF.-,)
LA WS AND ORDINANCES, AS AMENDED, THAT ORDINANCE B¥ING '\
THE COLLIER COUNTY CONSOLIDA TED IMPACT FEE
ORDINANCE, NO. 2001-13, PROVIDING FOR THE INCORPORA TIÔN,
BY REFERENCE, OF THE AMENDED IMPACT FEE STUDY
ENTITLED "COLLIER COUNTY LAW ENFORCEMENT IMPACT FEÉ
, .
STUDY" DATED SEPTEMBER 15, 2005, REVISING THE LAW
ENFORCEMENT IMPACT FEE RATE SCHEDULE, AS SET FORTH IN
THE REVISED IMPACT FEE UPDATE STUDY TO REFLECT A
CHANGE IN THE RESIDENTIAL LAND USE RATE FROM AN
APPLIED FORMULA TO A TIERED SCHEDULE, THE PROPOSED
RA TES BEING SPECIFIED IN REVISED SCHEDULE TEN OF
APPENDIX A; PROVIDING FOR CONFLICT AND SEVERABILITY;
PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND
ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE.
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WHEREAS, on June 14, 2005, t~e Board of County Commissioners adopted Ordinance
No, 2005-28, which amended Chapter 74 of the Collier County Code of Laws and Ordinances
(the "Code"), known as the Collier County Consolidated Impact Fee Ordinance ("CIFO"), and
established the Collier County Law Enforcement Impact Fee through the adopted impact fee
report titled "Law Enforcement Impact Fee" dated May 25, 2005 (the "Fee Report") prepared by
Tindale-Oliver and Associates, Inc. ("Consultant"); and
WHEREAS, the Fee Report established the methodology for the calculation of the Law
Enforcement Impact Fee and developed the appropriate and applicable impact fee rates; and
WHEREAS, the Fee Report set forth a rate schedule for both new residential and new
commercial construction; and
WHEREAS, the rate of the adopted rate schedule, which is Schedule Ten of Appendix
"A" of the CIFO and the Code, for residential land uses utilizes a formula to calculate the impact
fee for a residential dwelling unit; and
WHEREAS, Collier County staff has determined that the formula is extremely difficult
to apply, both for staff and customers, resulting in calculation errors; and
WHEREAS, the Consultant has prepared a revision to the Fee Report which changes the
residential land use rate to a tiered residential fee schedule which is similar to the rate schedules
for Transportation Impact Fees and Emergency Medical Services Impact Fees; and
WHEREAS, the Consultant has determined that the revised rate schedule provides an
equitable distribution of the impact fee and equitably distributes the costs of acquiring public
facilities based upon a rational nexus relating costs incurred by fee payers to infrastructure
impacts created by residential land uses; and
WHEREAS, having thoroughly reviewed Consultant's calculations and findings, staff
concurs with the recommended changes to the Law Enforcement Impact Fee rate schedule, and
recommends that the Board of County Commissioners adopt this Ordinance to implement these
recommended changes to the applicable fee schedule; and
WHEREAS, the Board of County Commissioners accepts the recommendations from
staff.
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Office and Financial
Office 50,000 sq ft or less
Office 50,001-100,000 sq ft or less
Office 100,001-200,000 sq ft or less
Office 200,001-400,000 sq ft or less
Office Greater than 400,000 sq ft
Medical Office
$107.89/1,000 sq ft
$92.48/1,000 sq ft
$78.78/1,000 sq ft
$66.79/1 ,000 sq ft
$60.80/1,000 sq ft
$135.30/1 ,000 sq ft
Retail
Specialty Retail
Retail 50,000 sq ft or less
Retail 50,001-100,000 sq ft
Retail 100,001-150,000 sq ft
Retail 150,001-200,000 sq ft
Retail 200,001-400,000 sq ft
Retail 400,001-600,000 sq ft
Retail 600,001-1,000,000 sq ft
Retail greater than 1,000,000 sq ft
Pharmacy/Drug Store w/Dri ve- Thru
Home Improvement Superstore
Quality Restaurant
High Turnover Restaurant
Fast Food Rest. w/Drive-Thru
Gas/Service Station
Quick Lube
Supermarket
Convenience Store
Convenience Store w/Gas
Convenience Store/Gas/Fast Food
Auto Repair
Tire Store
New/Used Auto Sales
Sel(Service Car Wash
Bank/Savings: Walk-in
Bank/Savings: Drive-in
$167.83/1,000 sq ft
$271.45/1 ,000 sq ft
$255.18/1,000 sq ft
$276.58/1 ,000 sq ft
$259.46/1,000 sq ft
$225.21/1,000 sq ft
$233.77/1,000 sq ft
$232.06/1,000 sq ft
$203.80/1,000 sq ft
$197.81/1,000 sq ft
$224.35/1,000 sq ft
$685.04/1 ,000 sq ft
$733.85/1,000 sq ft
$948.78/1,000 sq ft
$209.79/Fuel Position
$94. 19/Bay
$194.38/1,000 sq ft
$413.59/1,000 sq ft
$599.41/Fuel Position
$674.76/1,000 sq ft
$337.38/1,000 sq ft
$139.58/Bay
$162.70/1,000 sq ft
$166.98/Bay
$188.39/1,000 sq ft
$153.28/1,000 sq ft
Industrial
General Industrial
Business Park
Mi n i - Warehouse
$53.09/1,000 sq ft
$77.07/1,000 sq ft
$5.99/1,000 sq ft
fI+ THe iFflpaet fee for tHe r-esideRtial hæd 1:Ise is ealel:dated eased OR tHe f'ÛllowiR£ formula:
((1.0193 I (0.000265 x rsqUai6 footagel)) x 0.70 x $85.(3).
~He residential La,,',' EnføreemeRt IFR~aet Fee is oap~ed eased 1:I1'0R tAe fee aPl'lieaele to a
4,000 &quar~ foot dwølliRg unit wl1ioA equa]s $126.43.
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 he]d
invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a
separate, distinct, and inöependent provision and such holding shall not affect the validity of the
remaining portions.
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Page 3 of 4
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.
***
(10) Law Enforcement facilities: "Law ERforcement Impact Fee Report" dated May
25, prepared by Tindale Oliver and '^1ssociates, "Collier County Law
Enforcement Impact Fee Study" dated September 15, 2005, prepared by Tindale-
Oliver and Associates, Inc. as amended
***
SECTION TWO. Schedule Ten of Appendix A of Chapter 74 of the Collier County Code of
Laws and Ordinances is hereby amended to read as follows:
SCHEDULE TEN: LAW ENFORCEMENT IMPACT FEE SCHEDULE
Land Use
Rate
Residential
Residentiat
Based OR formula below H+
Maximum fee of $126.43
based on a -1,000 sq ft cap.-f;!t
$83.05/dwelling unit
$93.311dwelling unit
$11O.88/dwelling unit
Less than 1,500 square feet
1,500 to 2,499 square feet
2,500 square feet or more
Manufactured Home
$140.43/1,000sq ft
Transient, Assisted, Group
Hotel/Motel
Nursing Home/ALF
$48.81/Room
$82.20/Bed
Recreational
Marina
Golf Course
Movie Theater with Matinee
$ 14.56/Berth
$1,801.66/18 Holes
$463. 26/Screen
Institutions
Hospital
Elementary School
Middle School
High School
Jr.lCommunity College
Uni versi ty/College
Church
Day Care Center
$170.40/1 ,000 sq ft
$7.71/Student
$9.42/Student
$10.28/Student
$11.991Student
$27040/Student
$43.67/1,000 sq ft
$4.28/Student
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Page 2of4
SECTION FOUR. INCLUSION IN CODE OF LA WS 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 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 subject to filing with the Florida Department of State.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida this ~ day of November, 2005.
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ATTEST ". ,:' '" 0"
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DwightE~ Brºck, CJerk -:.,
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
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By:
By:
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FRED W. COYLE, Cha~m
AtteJt,.~ ~j)!
s t gnÎtúfot-\'ori 1 J
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Jeffr~A. K atzkow,
Assis1nt C . nty Attorney
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Page 4 of 4
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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 copy of:
ORDINANCE NO. 2005-66
Which was adopted by the Board of County Commissioners on
the 29th day of November 2005, during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 1st day
of December 2005.
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DWIGHT E BRðcK "', 0/./
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Clerk of Cou~~np.nd Cl.~~k
Ex-officio~~~Boärª;of. ~
County CommÍ"S9ione.:rs) : '':;
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Deputy Cler'kt!
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