Ordinance 2006-10
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~ RECE!:l ORDINANCE NO. 2006- 10 .. '"'
\ lVED J ORDINANCE OF THE BOARD OF COUNTY COMMISSIONkt~. J~
~ ~ LLIER COUNTY, FLORIDA, AMENDING SCHEDULE FI~:"OJt:,
Oe6'2'8'ZL't91,G}APPENDIX A OF CHAPTER 74 OF THE COLLIER COUNTY cO~OF'"""'
LA WS AND ORDINANCES, THAT ORDINANCE BEING THE COL'J[IER
COUNTY CONSOLIDATED IMPACT FEE ORDINANCE, NO. 2001-13, AS
AMENDED, PROVIDING FOR THE INCORPORATION, BY REFERENCE,
OF THE IMPACT FEE STUDY ENTITLED "COLLIER COUNTY 2005
FIRE/RESCUE SERVICES IMPACT FEE UPDATE STUDY"; PROVIDING
FOR THE ADOPTION OF THE OCHOPEE FIRE CONTROL AND RESCUE
DISTRICT MASTER PLAN AND THE ISLES OF CAPRI FIRE CONTROL
AND RESCUE DISTRICT MASTER PLAN; AMENDING THE FIRE
IMPACT FEE RATE SCHEDULE, AS SET FORTH IN THE IMPACT FEE
UPDATE STUDY; ESTABLISHING AN ANNUAL MID-CYCLE INDEXING
FOR THE FIREIRESCUE SERVICES IMPACT FEE RATES; PROVIDING
FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN
THE CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR A
DELA YED EFFECTIVE DATE OF MAY 15,2006.
WHEREAS, the Isles of Capri Fire Control and Rescue District and the Ochopee Fire
Control and Rescue District are dependerlt fire districts of Collier County; and
WHEREAS, on April 21, 1998, the Board of County Commissioners adopted Ordinance
No. 98-30, establishing the Isles of Capri and Ochopee Fire Impact Fee Ordinance, thereby
establishing the County's then applicable Fire Impact Fee rates, and, as such, those rates have been
in effect for more than three years; 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 superceding
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 incorporating the aforementioned Fire Impact Fee rates
established by the adoption of Ordinance No. 98-30; and
WHEREAS, as Section 74-502 of the Code states that impact fee studies should be
reviewed at least every three years, the County retained Tindale-Oliver and Associates, Inc. (the
"Consultant"), to review the existing Fire Impact Fees and recommend changes to the fees where
appropriate; and
WHEREAS, the Consultant has prepared an impact fee study, entitled "Collier County
2005 Fire/Rescue Services Impact Fee Update Study," dated January 23, 2006 (hereinafter the
"Study"); and
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, the Study recommends changes to the Fire Impact Fee rate schedule, as set
forth in Schedule Five of Appendix "A" of Chapter 74 of the Collier County Code of Laws and
Ordinances; and
WHEREAS, the Study also recommends establishing the proposed impact fee rates in
order to more equitably distribute the costs of acquiring public facilities based upon a rational
nexus relating costs incurred by fee payers to infrastructure impacts created by commercial and
residential land uses; and
Underlined lexl is added; SImek lluollgll text is deleted
WHEREAS, the use of uniform procedures will best ensure that Fire impact fees are
"earmarked" and expended for the public facilities for which they were imposed and collected; and
WHEREAS, the Board annually develops a capital budget and updates the Annual Update
and Inventory Report (AUIR) to ensure new development is adequately provided with public
facilities necessary to serve new development at the growth rates projected in the Fee Report and
in the other Impact Fee Studies adopted and set forth at ~74-106, of the Consolidated Ordinance,
as amended by this Ordinance; and
WHEREAS, the Board has developed an Isles of Capri Fire Control and Rescue District
Master Plan and an Ochopee Fire Control and Rescue District Master Plan, which include the
public facilities and/or equipment to be provided on a pro rata basis to new development paying
the Fire impact fee; and
WHEREAS, planned improvements in the Isles of Capri Fire Control and Rescue District
Master Plan and the Ochopee Fire Control and Rescue District Master Plan and the AUIR are fully
or partially necessitated by new development; and
WHEREAS, the Consultants have developed fee calculation and indexing methodologies
that will be imposed in an equitable and non-discriminatory manner; and
WHEREAS, staff has thoroughly reviewed the calculations and findings, concurs with the
recommended changes to the Fire Impact Fee rate schedule, and recommends that the Board of
County Commissioners adopt this Ordinance to implement the recommended changes.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
SECTION ONE. The Ochopee Fire Control and Rescue District Master Plan, which is attached
hereto as Exhibit "A," and the Isles of Capri Fire Control and Rescue District Master Plan, which
is attached hereto as Exhibit "B," are hereby incorporated by this reference and adopted. Fire
Impact Fee funds may be spent only for the benefit of new development in accordance with the
Ochopee Fire Control and Rescue District Master Plan or the Isles of Capri Fire Control and
Rescue District Master Plan, based upon the District for which they were collected, until the
Annual Update and Inventory Report (AUIR) is updated to provide for Dependent Fire District
Facilities. Upon this update to the AUIR, provisions for Dependent Fire District Facilities will be
made and the attached Master Plan shall be considered repealed upon that action.
SECTION TWO. Section 74-106 of the Collier County Code of Laws and Ordinances is hereby
amended to read as follows:
Section 74-106.
Adoption of impact fee studies.
(8) Fire facilities: Isle of Capri Fire Distriet ftfld Oekopee Fire Distriet Fire Impaet Fee
St1:ldy dated J1:l1y 30, 1997," prepared by Fishkiad &. .^..ssoeiates, Inc. (J1:dy 30,
1997), as ameaded "Collier County 2005 Fire/Rescue Services Impact Fee Update
Study." prepared by Tindale-Oliver and Associates. Inc. (January 23. 2006);
.........
Underlined text is added; Stfllel( tllrellgll text is deleted
Page 2 of 4
SECTION THREE. Section 74-309 of the Collier County Code of Laws and Ordinances is
hereby amended to read as follows:
Section 74-309.
Same - Fire impact fee.
(f) Impact fee rates. The fire impact fee rate schedule incorporated in schedule g. ~ is hereby
adopted and the fire impact fees established in the fire impact fee rate schedule are
hereby imposed on all development as required in this ordinance at a rate established
under the applicable impact fee land use categories. "High rise development" is intended
to mean three stories and higher.
(8) Annual Mid-Cvcle Fire Impact Fee Rate Indexing. Beginning on February 28. 2006.
the County shall commence a three-year Fire Impact Fee update cycle pursuant to
Subsections 74-201(b) and 74-502(a) of the Code. In each of the two (2) mid-cycle
years (between the formal three-year updates) beginning on or about May 15.2007. the
County shall implement adiustments to the fire impact fee rates through adiustments to
equipment costs based on the Consumer Price Index published by the U.S. Department
of Labor. Bureau of Labor Statistics as specified in the impact fee update study. Mid-
cycle indexed rate change adiustments shall be adopted by a Resolution of the Board
pursuant to Subsection 74-20 l.b. of this Chapter.
SECTION FOUR. 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 FIVE. INCLUSION IN 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 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 SIX. EFFECTIVE DATE.
This Ordinance shall be effective May 15, 2006, subject to filing with the Florida
Department of State.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida this J'6th day of J.eb(llU(j 2006.
ATTEST
Dwight E. B~?pk, elgf~': ,'"
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BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
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By:
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Frank Halas, Chairman
Page 3 of 4
This ordinance filed with the
Secretary of State's Office the
.3 day of M.o.v~ Lcstl(,p
and ocknowledgeme1,of that
fili~~ _received this I day
Of~~~
y o..outy CI..rk
Underlined text is added; Stmek tllrslIgll text is deleted
APPENDIX A
SCHEDULE FIVE: FIRE IMPACT FEE RATE SCHEDULE
Residential:
$288.97 per dwelling unit
Commercial:
0.60 per sql:lare f{)ot
Additional impaet fee for High rise
development (three or more floors):
157.27 per dwelling l:lnit
Ochopee Fire Control and Rescue District
Residential
$0.70 per square foot
(Maximum fee of $2.800)*
Non-Residential
$0.20 per square foot
Isles of Capri Fire Control and Rescue District
Residential
$0.41 per square foot
(Maximum fee of $1.640)**
Non-Residential
$1.08 per square foot
* The Ochopee Fire Control and Rescue District Impact Fee is capped based upon the fee
applicable to a 4.000 square foot dwelling unit
** The Isles of Capri Fire Control and Rescue District Impact Fee is capped based upon the fee
applicable to a 4.000 square foot dwelling unit
Underlined text is added; Stmell Iltf6ligll text is deleted
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 and correct
.-
copy of:
ORDINANCE 2006-10
Which was adopted by the Board of County Commissioners
on the 28th day of February, 2006, during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 2nd
day of March, 2006.
DWIGHT E. BROCK
Clerk of Courts and Clerk
Ex-officio to Board of
County Commissioners
~~I'k
By: Teresa Dillardj
Deputy Glet..:k .
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