Ordinance 2006-18
\1-3458>.
~ " 8"O~
I C-Ill.fJ ~
~ w ORDINANCE NO. 2006- 18
\ 1H1\~ ~ DINANCE OF THE BOARD OF COUNTY COMMISSIONER~ !
~4? IER COUNTY, FLORIDA, AMENDING SCHEDULE EIGH~F, ;g
~~J.'ZO't ENDIX A OF CHAPTER 74 OF THE COLLIER COUNTY COD~ r;;
. . , LA WS AND ORDINANCES, THAT ORDINANCE BEING THE COLL'ftR
COUNTY CONSOLIDATED IMPACT FEE ORDINANCE, NO. 2001'='13, ;:,,:
AS AMENDED, PROVIDING FOR THE INCORPORA TION, 'i.!f 0
REFERENCE, OF THE IMPACT FEE STUDY ENTITLED "COLLI~-. ;;,
COUNTY LIBRARY FACILITIES AND ITEMSIEQUIPMENT IMPA~'i ......1
FEE UPDATE"; AMENDING THE LIBRARY IMPACT FEE RATE
SCHEDULE, AS SET FORTH IN THE IMPACT FEE UPDATE STUDY;
UPDATING THE ANNUAL MID-CYCLE INDEXING FOR THE
LIBRARY IMPACT FEE RATES; PROVIDING FOR CONFLICT AND
SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF
LA WS AND ORDINANCES; AND PROVIDING FOR ADELA YED
EFFECTIVE DATE OF JUNE 12, 2006.
'-'n"
Ii
--
'-;r--~'-
'i"f1
1:::l
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 (the "Code"); and
WHEREAS, on March 23, 2004, the Board of County Commissioners adopted
Ordinance No. 2004-21, amending the Collier County Consolidated Impact Fee Ordinance,
thereby establishing the County's then applicable Library Impact Fee rates; and
WHEREAS, in compliance with Section 74-305(g) of the Code, on June 28, 2005, the
Board of County Commissioners adopted Ordinance No. 2005-33 which applied the Library
Impact Fee rate indexing in accordance with the prescribed methodology and corrected a
previous credit calculation error, thereby establishing the rates that are currently in effect; and
WHEREAS, Collier County has experienced rapid and dramatic increases in the cost of
construction and property acquisition, well above the national average, since Ordinance No.
2005-33 was adopted; 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,
Incorporated (the "Consultant"), to review the existing Library Impact Fees and recommend
changes to the fees where appropriate; and
WHEREAS, the Consultant has prepared an impact fee study, entitled "Collier County
Library Facilities and Items/Equipment Impact Fee Update," dated April 4, 2006 (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 Library Impact Fee rate schedule, as
set forth in Schedule Eight 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
Underlined text is added; Slll~ek tltfeuglt text is deleted
nexus relating costs incurred by fee payers to infrastructure impacts created by 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 Library 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.
***
(4) Library facilities: "Collier County Library Facilities and Items/Equipment Impact
Fee Update" prepared by Tindale-Oliver and Associates, Inc. (March 4, 2004
with revisions in April 2005 April 4. 2006);
***
SECTION TWO. Article III, Special Requirements for Specific Types of Impact Fees, Section
74-305, Same - Library impact fee, of the Collier County Code of Laws and Ordinances is
hereby amended to read as follows:
Section 74-305.
Same - Library impact fee.
***
(g) Annual mid-cycle gCl'lcr'6l1 gevemfflCl'lt library impact fee rate indexing. Beginning on
May 1, 2004 the County shall commence a three-year Library System Impact Fee
update cycle pursuant to Subsections 74-201(b) and 74-502(a) of the Code. In each of
the t',Vo mid cycle years (between the formal three year updates) beginning eOn or
about May 1, 2005, of each of the two mid-years between updates, the County shall
implement adjustments to building costs based upon the building cost index provided
by the Engineering News-Record and weighted as {H- 60 percent of the index... plus the
library items costs, based on the Consumer Price Index for the Miami-Ft. Lauderdale
area provided by the Bureau of Labor Eeonomics Statistics, weighted as 3-9 27 percent
of the index, plus the ten-year trend for market values of countywide land (including
buildings and structures) published by the Collier County Property Appraiser's Office.
weighted as 13 percent of the index. Mid-cycle indexed rate change adjustments will
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
Underlined text is added; Stmek tltfeuglt text is deleted
Page 2 of 4
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 June 12, 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 .~5M- day of hprl \ ,2006.
ATTEST
Dwight E. Breck,.~lerk
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
'.
,.Qc
, Deputy Clerk
Attest a. to eM t,.. I
.1 en.turt Oft 1..
By:
~>~/
FRANK HALAS, Chairman
Underlined text is added; Struel( IltFBlIglt text is deleted
This ordinance fi led with the
~tory of !Ef O~'
day of ,~
a.n.d ackno.wie geme?t ,9f that
fill received this ~ day
of ,
B' f\()
1/llLC
Page 3 of 4
APPENDIX A
SCHEDULE EIGHT: LIBRARY SYSTEM: IMPACT FEE RATE SCHEDULE
Land Use Category
Impact Fee Rate
Residential LaRd U set
Residential
$180.89 per 1,000 square feet
(Maximl:lm fee of $723.56)*
*The Library System Impaet Fee is capped based upon the fee applicable to a 1,000 square foot
dwelling unit.
Simde-Familv Detached:
Less than 1.500 square feet
$460.23 per dwelling unit
1.500 to 2.499 square feet
$506.25 per dwelling unit
2.500 square feet or more
$548.59 per dwelling unit
Multi-Familv
$368.18 per dwelling unit
Mobile Home
$454.70 per dwelling unit
Underlined text is added; SlfIlell tltreuglt text is deleted
Page 4 of 4
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 2006-18
Which was adopted by the Board of County Commissioners
on the 25th day of April, 2006, during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 27th
day of April, 2006.
DWIGHT E. BROCK
."" ,"\'
Clerk of Court~ 'a:n,d.C.Y~k
Ex-officio to Boa:rd of ,>
County Commis~"iq..t1ers-::.
~. (K.C1~;.DC
ij) Heidi R. R'dckheld.;'
'. .~ I- ....' .J ,
Deputy Clerk