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Resolution 2006-121 RESOLUTION NO. 2006- 121 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING SCHEDULE FOUR OF APPENDIX A OF CHAPTER 74 OF THE COLLIER COUNTY CODE OF LAWS AND ORDINANCES, THE SAME BEING THE COLLIER COUNTY CONSOLIDATED IMPACT FEE ORDINANCE, AS AMENDED, THEREBY INCREASING THE CORRECTIONAL FACILITIES IMPACT FEE RATES BY 4 PERCENT PER LAND USE CATEGORY IN ACCORDANCE WITH THE ADOPTED INDEXING METHODOLOGY; THE PROPOSED RATES SPECIFIED IN REVISED SCHEDULE FOUR OF APPENDIX A; PROVIDING FOR A DELAYED EFFECTIVE DATE OF JUNE 12,2006. WHEREAS, on March 13, 2001, the Board of County Commissioners adopted Ordinance No. 2001-13, the Collier County Consolidated Impact Fee Ordinance, repealing and 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 WHEREAS, on September 27, 2005, the Board of County Commissioners adopted Ordinance No. 2005-47, thereby updating the Correctional Facilities Impact Fee and amending Schedule Four of Appendix A of Chapter 74 of the Code, thereby establishing the current Correctional Facilities Impact Fee rates and adopting the indexing methodology to be utilized for fee adjustments in the two years between formal update studies; and WHEREAS, on April 11, 2006, the Board of County Commissioners adopted Ordinance No. 2006-15 to allow for the annual indexing adjustments to the Correctional Facilities Impact Fee rates "on or about May 1, 2006" in order to meet the terms of provisions in proposed legislation that will allow for impact fees adopted prior to July 1, 2006 to remain in effect until July 1, 2008, at which time they must fully comply with all new provisions oflaw; and WHEREAS, the Correctional Facilities Impact Fee rate indexing was calculated based on the change in the Building Cost Index, provided by the Engineering News-Record for the most recent period available and in accordance with the adopted indexing methodology; 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, this action will allow Collier County to continue to provide for capital improvements to the Correctional Facilities system necessitated by growth; and Underlined text is added; SlnIel( tRrellgll text is deleted Page 1 of3 WHEREAS, this application of indexing adjustments provides for a 4 percent increase in the Correctional Facilities Impact Fee rates; and WHEREAS, staff has thoroughly reviewed the calculations and findings and staff concurs with the recommended increase to the Correctional Facilities Impact Fee rate schedule, and staff recommends that the Board of County Commissioners adopt this Resolution to implement these recommended changes; and WHEREAS, the Board of County Commissioners accepts the recommendations from staff. NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: The Board of County Commissioners hereby declares, after advertised public hearing, that the Correctional Facilities Impact Fee rates set forth in the revised Schedule Four of Appendix A of Ordinance No. 2001-13, as amended, the Collier County Consolidated Impact Fee Ordinance, the same being Schedule Four of Appendix A of Chapter 74 of the Collier County Code of Law and Ordinances, attached hereto, and incorporated by reference herein as Exhibit "A," are fair and reasonable and are to be assessed to those who receive or will receive benefits from correctional facilities, which are necessitated by increased population and related growth driven development. BE IT FURTHER RESOLVED that these revised Correctional Facility Impact Fee rates will take effect as of Monday, June 12,2006. This Resolution is adopted after motion; second and majority vote favoring adoption this '~ ~day of May, 2006. ATTEST BOARD OF COUNTY COMMISSIONERS Dwight E. Brock, Clerk COLLIER COUNTY, FLORIDA BQ,w~I~.BY: ~<e-~/ Attest IS to Ch.1,..., t>eputy Clerk FRANK HALAS, Chairman .1gnlture on)- . Underlined text is added; Sa-lie\( IIIrBligll text is deleted Page 2 of 3 APPENDIX A SCHEDULE FOUR: CORRECTIONAL FACILITIES IMPACT FEE RATE SCHEDULE Land Use Correctional Facilities Impact Fee Per Square Foot Single-Family Detached $0.1 Q2(j$0.1067 per square foot* Other ResidentialfNursing Home $O.05(j2$0.0584 per square foot** Non-Residential: Lodging Hotel! Motel $0.3071$0.3194 per square foot Medical Hospital $0.3290$0.3390 per square foot Commercial Office $0.2132$0.2217 per square foot Retail!Commercial/Recreation $0.512(j$0.5643 per square foot Restaurant/Bar /Lounge $O.512(j$0.5643 per square foot Industrial /Manufacturing $O.029(j$0.0308 per square foot Leisure/Outdoor $O.512(j$0.5643 per square foot Institutions Church $0.0&32$0.0865 per square foot School!College $0.7155$0.7441 per square foot Government/public buildings $(.).2335$0.2428 per square foot * The Correctional Facilities Impact Fee is capped based upon the fee applicable to a 4,000 square foot (living area) Single-Family Detached dwelling unit. ** The Correctional Facilities Impact Fee is capped based upon the fee applicable to a 4,000 square foot (living area) Other Residential dwelling unit. The cap does not apply to the square footage of Nursing Homes. Underlined text is added; SlnIel( lI'Irellgll text is deleted Page 3 of3