Ordinance 2006-11
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'# ___ ,..--j ~ ORDINANCE NO. 2006- 11
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~ ut('t\, INANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
~ \\(W ER COUNTY, FLORIDA, AMENDING SCHEDULE THREE OF
~~ NDIX A OF CHAPTER 74 OF THE COLLIER COUNTY CODE OF
;(9lSl."ttl.1,\ S AND ORDINANCES, THAT ORDINANCE BEING THE COLLIER
COUNTY CONSOLIDATED IMPACT FEE ORDINANCE, NO. 2001-13,
AS AMENDED, PROVIDING FOR THE INCORPORATION, BY
REFERENCE, OF THE IMPACT FEE STUDY ENTITLED "PARK
IMPACT FEE UPDATE PREPARED FOR COLLIER COUNTY,
FLORIDA"; AMENDING THE PARKS IMPACT FEE RATE SCHEDULE,
AS SET FORTH IN THE IMPACT FEE UPDATE STUDY; UPDATING
THE ANNUAL MID -CYCLE INDEXING FOR THE PARKS IMPACT
FEE RATES; PROVIDING FOR CONFLICT AND SEVERABILITY;
PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND
ORDINANCES; AND PROVIDING FOR A DELAYED EFFECTIVE
DATE OF MAY 15,2006.
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 a;od
Ordinances (the "Code"); and
WHEREAS, on June 25, 2002, the Board of County Commissioners
adopted Resolution No. 2002-304, amending the Collier County Consolidated
Impact Fee Ordinance, thereby establishing the County's then applicable Parks
Impact Fee rates; and
WHEREAS, in accordance with Section 74-304 (g) of the Code, the
Parks Impact Fee rates have been indexed by the "Consumer Price Index -
Miami-Ft. Lauderdale MSA, FL, All Items" as reported by the United States
Bureau of Labor Statistics, thereby establishing the rates that are currently in
effect; 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 Duncan
Associates in association with Dr. James C. Nicholas (the "Consultants"), to
review the existing Park Impact Fees and recommend changes to the fees where
appropriate; and
WHEREAS, the Consultant has prepared an impact fee study, entitled
"Park Impact Fee Update prepared for Collier County, Florida," dated January 18,
2006 (hereinafter the "Study"); and
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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 Park Impact Fee rate
schedule, as set forth in Schedule Three of Appendix "A" of Chapter 74 of the
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Collier County Code of Laws and Ordinances; and
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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
WHEREAS, the Consultant has reviewed and updated 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 Park 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. 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.
***
(3) Parks and recreational facilities: "Impaet Fees :fur Parks afld
Reereational Faeilities f-or Collier C01:Hlty, Florida," prepared by
Henderson, Y oang & Comf)aflY (Maroh 18, 1999); "Park Impact
Fee Update prepared for Collier County, Florida," prepared by
Duncan Associates in association with Dr. James C. Nicholas
(January 18, 2006);
***
SECTION TWO. Article III, Special Requirements for Specific Types of
Impact Fees, Section 74-304, Same - Parks and recreation impact fee, of the
Collier County Code of Laws and Ordinances is hereby amended to read as
follows:
Section 74-304.
Same - Parks and recreation impact fee.
***
(g) Annual mid-cycle parks and recreational facilities impact fee rate
indexing. Collier County Resolution No. 2002-304, adopted June 25,
2002, established a parks and recreational facilities impact fee rate
schedule three-year update program, which commenced on June 25, 2002,
pursuant to subsections 74-201(b) and 74-502(a) ofthis chapter. In eaeh of
the two mid eyele years (between the formal three year updates) and
beginning eOn or about June 25, 2003 May 15 of each of the two mid-
years between updates, the county shall implement indexing adjustments
to each parks and reoreational facilities impact fee amount. by multiplying
the then current il'l.lpaet fee rates by a fraetioR, the nHmerator of whieh
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Page 2 of6
shall be the "Coflsum.er Priee Index Miami Pt. Lauderdale MS.\., PL, All
Items," as reflorted by the URited States B1::H'eatl of Laoor Statisties, for the
most reeent period for '.vhieh figui'6S are then a':ailable, and the
aenominator of whieh fraetion sha-ll be "COBS1:lmer Priee Index Miami Ft.
Laaderda-le MS.A~, PL, .^..ll Item.s," as reported by the United States Bareatl
of Laeor Statisties, for one year prior to the period speeified in the
n\:liBocator. The development cost component of the fee. which is 38
percent of the total community park fee and 7 percent of the total regional
park fee shall be adjusted by the change in the national EngineerinI! News
Record Construction Cost Index over the most recent twelve-month period
for which the data is available. The land cost component of the fee. which
is 62 percent of the total community park fee and 93 percent of the total
regional park fee. shall be adjusted based on the percentage change in the
county-wide just land values over the most recent twelve-month period for
which data is available from the Collier County Property Appraiser.
provided that the total increase in the land component in any year shall not
exceed 15 percent. Mid-cycle indexed rate change adjustments shall be
adopted by a resolution of the board pursuant to subsection 74-201(b) of
this chapter.
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 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 effective May 15, 2006, subject to filing with the
Florida Department of State.
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Page 3 of6
PASSED AND DULY ADOPTED by the Board of County
Commissioners of Collier County, Florida this ~ day of ./'lIafC h ,2006.
ATTEST
Dwight E. Brock, Clerk
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
By:
~=Q(
Attest .'.' "
. ,t~' ,"011'1
~.>~...
FRANK HALAS, Chairman
By:
gal sufficiency:
Jef
Assi
This ordinonce filed with the
!3C;rJ!tOry of StateJslOf~~f&J~e
Jq.. day of NC\U ~
and ocknowledgemen~that
filin rec ived this ~ day
of ~ ;;}.. fY'.
By' ~
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Page 4 of6
APPENDIX A
SCHEDULE THREE: PARKS AND RECREATIONAL FACILITIES
IMPACT FEE RATE SCHEDULE
COIBIBBaity Parks Regioaal COlBhiaed Total
Per Dwelliag U ait PaFks Fee
Per Dwelliag Per Dwelliag Uait
YBH
Laad Use (U aiaeorporated (CoBaty (Uaiaeorporated
ARa) wide) ARa)
Single Family
Detaehed
Less than 1,800 $a32.13 $631.40 $1,2a3.83
~
1,800 3,000 sq. $822.05 $821.03 $1,643.08
4b
More than 3,000 $971.70 $969.a5 $1,941.35
~
Ml:llti family
Less than 1, 000 $498.15 $497.13 $ 995.28
~
1,000 1,700 sq. $5a1.70 $5aO.a8 $1, 122.38
fh
More than 1,700 $727.75 $725.70 $1,153.15
~
Mobile HomelR V $687.78 $686.75 $1,374.53
Park (Pad)
Hotel&fotel $402.83 ~ $ 801.63
(Room)
COMMUNITY PARKS (Calculated on Living: Area):
LAND USE:
RATE
PER
SINGLE-FAMILY DETACHED:
Less than 1.500 sq. ft.
1.500 to 2.499 SQ. ft.
2.500 SQ. ft. or more
$935 Dwelling Unit
$1.027 Dwelling Unit
$1.119 Dwelling Unit
$750 Dwelling Unit
$924 Pad
$503 Room
MUL TI-FAMIL Y
MOBILE HOMEIRV PARK
HOTELIMOTEL
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Page 5 of6
APPENDIX A
SCHEDULE THREE: PARKS AND RECREATIONAL FACILITIES
IMPACT FEE RATE SCHEDULE (cont'd)
REGIONAL PARKS (Calculated on Livin!! Area):
LAND USE: RATE fER
SINGLE-FAMILY DETACHED:
Less than 1.500 sq. ft. $2.068 Dwelling Unit
1.500 to 2.499 SQ. ft. $2.272 Dwelling Unit
2.500 sq. ft. or more $2.476 Dwellin~ Unit
MULTI-FAMILY $1.659 Dwelling Unit
MOBILE HOME/RV PARK $2.045 Pad
HOTEL/MOTEL $1.113 Room
Note: Community Parks Impact Fees do not apply to the City of Naples, City of
Marco Island and Everglades City.
Parks and ReereatioRal Faeilities lmpaet Fees are based on the liYiBg area of the
speeified 1:1&e.
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Page 60f6
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 2006-11
Which was adopted by the Board of County Commissioners
on the 14th day of March, 2006, during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 16th
day of March, 2006.
DWIGHT E. BROCK
Clerk of Courts ~rrd 'clerk
Ex-officio to Board of
County Commissioners. >'
lLcLc Q. l1tO ~.
( ,-
I: Heidi R. Roc~hold,
, "
Deputy Clerk
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