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Ordinance 2006-19 '\2.3466> 'A/ 4>8 ~';1' ~ .-0 tlj -- ~ :;q L lAY 200f J ~ ~ REC'[IVfR ~ ~ [J IlN INANCE OF THE BOARD OF COUNTY COMl\fiSSIONERS OF ~~ R COUNTY, FLORIDA, AMENDING SCHEDULE ONE OF ~4?'Z'lZ0't6 ENDIX A OF CHAPTER 74 OF THE COLLIER COUNTY CODE OF L4\ WS AND ORDINANCES, mAT ORDINANCE BEING THE COLLIER CO~Yt1 CONSOLIDATED IMPACT FEE ORDINANCE, NO. 2001-13, AS AME~D,;: PROVIDING FOR THE INCORPORATION, BY REFERENCE, OF~;g IMPACT FEE STUDY ENTITLED "COLLIER COUNTY TRANSPORTAllON:?6 IMPACT FEE UPDATE STUDY,"; AMENDING THE ROAD IMPACr::FEE.. RATE SCHEDULE, AS SET FORTH IN THE IMPACT FEE UPDATE ST!fDY; ':.: UPDATING THE ANNUAL MID-CYCLE INDEXING FOR THE &Q.An\? IMP ACT FEE RATES; PROVIDING FOR CONFLICT AND SEVERABIt)ty; ~') PROVIDING FOR INCLUSION IN THE CODE OF LAWS ;XN-D ".J ORDINANCES; AND PROVIDING FOR A DELAYED EFFECTIVE DATE OF JUNE 30, 2006. ~~~ r.- ORDINANCE NO. 2006- 19 " : '''It'II--'<;t I' II i ~:::1 WHEREAS, on March 13, 2001, the Board of County Commissioners (Board) 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 October 8, 2002, the Board adopted Resolution No. 2002-423 amending Schedule One of Appendix A of Chapter 74 of the Code, as amended, thereby establishing the County's then applicable Road Impact Fee rates; and WHEREAS, pursuant to Section 74-302(g) of the Code, the Road Impact Fee rates have been indexed in accordance with the prescribed methodology, 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 Tindale-Oliver and Associates, Incorporated (the "Consultant"), to review the existing Road Impact Fees and recommend changes to the fees where appropriate; and WHEREAS, the Consultant has prepared an impact fee study, entitled "Collier County Transportation Impact Fee Update Study," dated April 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 Road Impact Fee rate schedule, as set forth in Schedule One 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 and constructing 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 Underlined text is added; StFlIek threllgll text is deleted WHEREAS, staff has thoroughly reviewed the calculations and findings, concurs with the recommended changes to the Road 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 COMl\fiSSIONERS 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. *** (I) Transportation facilities: "Co llier CoWlty TraRsportatioll :lmflaet Fee 1991 Update Study" datea f4'Jril 1992 preparea by Tilldale Oliyer & Assoeiates, me., as sHpplemented by Collier Cmmty 1999 Transportation impaet Fee Update StNdy (lan1:lary 14, 2000)" pr8f'ar-ed by Tindale Oliver & .:\ssoeiates, Ine.; "Collier County Transportation Impact Fee Update Study." prepared by Tindale-Oliver and Associates. Incorporated (April 2006) *** SECTION TWO. Article III, Special Requirements for Specific Types of Impact Fees, Section 74-302, Special requirements for road impact fee, of the Collier County Code of Laws and Ordinances is hereby amended to read as follows: Section 74-302. Special requirements for road impact fee. *** (g) Annual mid-cycle road impact fee rate indexing. Beginning November 1, 2002, the county shall commence a three-year road impact fee update cycle pursuant to subsections 74- 201(b) and 74-502(a) of this chapter. In eaea of ta8 two mid eyele years (betweell the formal tlHee year 1:lf)dates) begiooing On or about November 1, 2003, of each of the two mid-years between updates. the county shall implement indexed adjustments to the cost components of design eests, utilities. mitigation. interchange. carrying cost. construction eests, engineerin& eosts and inspection eosts, plas and the non-land components of the eosts of right-of-way acquisition costs based OR iRflatioR pmjeetiolls eontained in the E'/alNation aRd UP€late of Unit Costs for Impoot AssessmeB:t (Revised Sef'ltember 1, 2002) prepare€l for Collier CO\Hlt)' by Post, Buekley, SehNh and Jernigan, me. and based on the priee trends illdex pr-epare€l b)' the Florida Department of Transportation!s Omee of Planniag. Price Trends Index based on the three-year historical trend. weighted as 25 percent of the index. Mid eycle a€ljastmeflts to tae casts af rights of v,a)' ooquisition saall be 'Neighte€l as follo'.vs: 75 per-eellt from real property valNe caanges as determined from data oOlTl:f'lile€l by the Collier COl:ffity Property ,A.:pf)raiser as speeified below in this sabseetion aad 25 perceRt as determined by eost caaRge €lata fr-em the Florida Department of Transf'lortatioR's omee of PIlHlfling 8B speoified alloye in tais saeseetioR. The inflation rates for The index adiustment to the land eests value component of rights-of-way ooqaisition costs dHring tae two mid years shall be based on the peroeatage ehange in last ValNes taking into oocal:lllt mid year ohanges in real property valaes bHt not taking into aocmmt ','aIHe changes eatlsed by nevI cORstmetion €l1:1ring tae respeetive mid year adjastment period, as determined ten-year historical trend in total iust values for all property as updated annually by the Collier County Property Appraiser, weighted as 75 percent of the index. The annual increases in the total just value~ adjastment for all property shall be capped at ill any mia year adjastmeBt: period Baall Bot exceed 25 percent for any given year included in the average. The allocatioR formala shall be as then speeifie€l in the administrative pmeeaNfes ffiaRaal. Mid-cycle indexed rate change adjustments shall be adopted by a resolution of the board pursuant to subsection 74-21O(b) of this chapter. Underlined text is added; Sauel. threHgIl text is deleted Page 2 of 5 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 June 30, 2006, subject to filing with the Florida Department of State. PASSED AND DULY ADOPfED by the Board of County Commissioners of Collier -+h /L '; County, Florida this '() day of 'l--{Pf'1 , 2006. , ATTEST Dwight E. Brock, Clerk BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA ....e. . .' ,oS .... ... -.0 ,. , <l- -" . '. . , . '~ ." ,.: ~lr-.OC A_~a.' _irk 119Mbno.l.. By: ~.>~/ FRANK HALAS, Chairman I j; \j This ordinance filed with the ~\={etary Of~ Of~he ~dayof I and ocknowledgeme~ pf that filin received t i ~ doy of ,i. Underlined text is added; StFlIel( tflFBllgA text is deleted Page 3 of 5 APPENDIX A SCHEDULE ONE: ROAD IMPACT FEE RATE SCHEDULE Residential Single Family Detached House Less than 1,500 Sq. Ft. (Annual Household Income ~ Poverty Level) Less than 1,500 Sq. Ft. {Annual Household Income ~ 50% of Collier County Median Annual Household Income) Less than 1,500 Sq. Ft. 1,500 to 2,499 Sq. Ft. 2,500 Sq. Ft. or larger Multi-Family (1-2 Stories) Multi-Family (3-9 Stories) Multi-Family (Above 10 Stories Assisted Living Facility (ALF) Condominium/Townhouse Mobile Home Retirement Community High-Rise Condominium Lodging Hotel Motel Resort Hotel RV Park Recreation Golf Course Movie Theaters Marina Institutional Hospital Nursing Home Church Elementary School Middle School High School Jr./Community College University Day Care Office Office 50,000Sq 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 Rate $1,977.00 $3,471.00 $4,489.00 $5,985.00 $7,062.00 $4,437.00 $4,464.00 $2,&28.00 $653.00 $3,731.00 $2,604.00 $2,509.00 $2,662.00 $4,334.00 $2,209.00 $3,814.00 $2,626.00 $2.637.00/Dwelling Unit $3.757.00/Dwelling Unit $6.359.00/Dwelling Unit $8.884.00/Dwelling Unit $9.884.00/Dwelling Unit $6.210.00/Dwelling Unit $6.338.00/Dwelling Unit $3.820.00/Dwelling Unit $796.00/Dwelling Unit $6.059.00/Dwelling Unit $4.134.00/Dwelling Unit $2.246.00/Dwelling Unit $4.232.00/Dwelling Unit $5.987.00/Per Room $3.828.00/Per Room $5.256.00/Per Room $3.300.00/Dwelliag URit Site $386,046.00 $804.466.00/18 Holes $26,495.00 $42.389.00/Per Screen $2,123.00 $3.580.00/Boat Berth $9,268.00 $849.00 $5,401.00 $526.00 $794.00 $1,038.00 $942.00 $1,456.00 $579.00 $9,729.00 $8,284.00 $7,053.00 $6,006.00 $5,467.00 $17,947.00 $14.198.0011000 Sq. Ft. $1.146.00/Per Bed $8.022.0011000 Sq. Ft. $857.00/Per Student $1.188.00/Per Student $ L342.00/Per Student $1.302.00/Per Student $2.71O.00/Per Student $950.00/Per Student $15.478.0011000 Sq. Ft. $13.122.00/1000 Sq. Ft. $11.113.00/1000 Sq. Ft. $9.411.0011000 Sq. Ft. $8.523.0011000 Sq. Ft. $36.689.00/1000 Sq. Ft. Underlined text is added; Stnlel( tRr811gfl text is deleted Page 4 of 5 Retail Specialty Retail Retail 50,000Sq Ft. or less RetaiI50,001-100,000Sq Ft RetaiI100,001-150,000Sq Ft RetaiI150,001-200,000Sq Ft RetaiI200,001-400,000Sq Ft Retail 400,00 1-600,000Sq Ft RetaiI600,001-1,000,000Sq Ft Retail greater than 1,000,000Sq Ft Pharmacy/Drug Store w/Drive- Thru Home Improvement Superstore Restaurant: High Turnover Restaurant: Low Turnover Restaurant: Drive-in Gasoline/Service Station Supermarket Quick Lube Convenience Store Convenience Store w/Gas Pumps Cew/emeBee 8tel'e/GaslFast Feed $15,200.00 $21.987.00/1000 Sq. Ft. $8,5{)5.00 $13.953.00/1000 Sq. Ft. $9,(:)81.00 $13.198.00/1000 Sq. Ft. $9,827.00 $12.711.00/1000 Sq. Ft. $10,100.00 $12.633.00/1000 Sq. Ft. $11,233.00 $11.716.00/1000 Sq. Ft. $11.784.00 $12.712.00/1000 Sq. Ft. $12,330.00 $13.576.00/1000 Sq. Ft. $12,490.00 $16.583.00/1000 Sq. Ft. $9,053.00 $13.308.00/1000 Sq. Ft. $10,748.00 $13.216.00/1000 Sq. Ft. $26,59<:i.00 $55.735.00/1000 Sq. Ft. $23,291.00 $44.864.00/1000 Sq. Ft. $54,273.00 $131.915.00/1000 Sq. Ft. $6,219.00 $7.549.00fPer FuetPosition $11,144.00 $16.741.00/1000 Sq. Ft. $11,396.00 $ 13,486.00fPer Bay $30,798.00 $89.943.00/1000 Sq. Ft. $18,323.00 $37.575.00fPer FuetPosn. $21,987.0011000 SEl. Ft. Services A1:lte RepairIBoEly 8hop Tire Store New/Used Auto Sales Luxury Auto Sales Bank/Savings: Walk-in Bank/Savings: Drive-in Car Wash $11,088.00/ 100Q 8El. Ft. $8,150.00 $lO,058.00fPer Bay $19,948.00 $25.935.00/1000 Sq. Ft. $13.817.00 $1(:),821.00 $42.700.00/1000 Sq. Ft. $28,199.00 $83.690.00/1000 Sq. Ft. $25,060.90 $33.906.00fPer Bay Industrial and Agricultural General Industrial Business Park (Flex -space) Mini- Warehouse $5,609.00 $7.075.00/1000 Sq. Ft. $10,820.00 $12.996.00/1000 Sq. Ft. $1,399.00 $1.365.00/1000 Sq. Ft. Underlined text is added; Stfuel[ tNslIgft text is deleted Page 5 of 5 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 2006-19 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 CourtsaAd' C~erk ". .. . .. ... - ~ y Ex-officio tQ EQ>-ard of '-, County Commis,i3,icmers ~'Q~~,JC ~J) Heidi R. R~'C'kh.Q1d:, "', Deputy Clerk~ / .j , ,