Agenda 12/01/2009 Item #17C
Agenda Item No. 17C
December 1, 2009
Page 1 of 10
EXECUTIVE SUMMARY
Recommendation to adopt an Ordinance amending the Collier County Consolidated Impact Fee
Ordinance, Ordinance No. 2001-13, as amended, to incorporate a provision clarifying the imposition of
Water and Sewer Impact Fees on geographic areas within the Collier County Water-Sewer District until
such a time when connection to the regional water and/or sewer system is anticipated within a ten-year
period as identified by the most current Public Utilitics Water and Wastewater Master Plan Updates and
the Annual Update and Inventory Report.
OBJECTIVE: That the Board of County Commissioners (Board), as ex-officio governing Board of Collier
County Water-Sewer District, adopt an amendment to Ordinance No. 2001-13, as amended, to exempt payment of
Water and Sewer Impact Fees, during the normal land development process, from geographic areas that have no
foreseeable potential to be provided with potable water and/or sewer services by the Collier County Water-Sewer
District (District) within ten years as identified by the most current Public Utilities Water and Wastewater Master
Plan Updates and the Annual Update and Inventory Report.
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CONSIDERATIONS: On November 18, 2008, during its regular meeting under Agenda Item 6A Public Petition,
the Board directed staff to review the existing Water-Sewer District boundaries to determine those geographic
areas the District planned to provide with potable water and sewer services within the next ten years. The intent
of the review was to determine those areas that could be added to the geographic arcas currently identified in the
Collier County Consolidated Impact Fee Ordinance, Ordinance number 2001-13, Section 74-303 (C) I
"Limitation on Applicability," as cxpressly excluded from the imposition of Water and Sewer Impact Fees until
such time those Developments are within ten years of being connected to the Regional Water and/or Sewer
Systems as identified by the most current Public Utilities Water and Wastewater Master Plan Updates and the
Annual Update and Inventory Report.
Through a review of the District's current boundaries, in-place water distribution and sewer collection system
infrastructure, the 2008 Water and Wastewater Master Plan Updates adopted by the Board on June 24, 2008,
Agenda Item] 00, and the 2009 Annual Update and Inventory Report adopted by the Board at the November 3,
2009, special meeting, staff identified the following geographic areas that would not fall within the ten year
development/connection period:
Any and all portions of Sections 13, 14, ]5, 16,20,21,22,27 and 28, Township 49 South, Range 27 East within
the Collier County Water-Sewer District boundaries.
Any and all portions of Section 24, Township 49 South, Range 26 East within the Collier County Water-Sewer
District boundaries.
Any and all portions of Section 31, Township 50 South, Range 27 East within the Collier County Water-Sewer
District boundaries.
Any and all portions of Sections 3, 4, 10 and 11, Township 51 South, Range 27 East within the Collier County
Water-Sewer District boundaries.
Any and all portions of Sections 34 and 35, Township 50 South, Range 25 East within the Collier County Water-
Sewer District boundaries.
Any and all portions of Sections I, 2, 3, 11, 12, 13, 14, 23 and 24, Township 51 South, Range 25 East within the
Collier County Water-Sewer District boundarics.
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Agenda Item No. 17C
December 1, 2009
Page 2 of 10
Any and all portions of Sections 7,17,18,19 and 20, Township 51 South, Range 26 East within the Collier
County Water-Sewer District boundaries.
Any and all portions of Sections 34, 35 and 36, Township 47 South, Range 27 East within the Collier County
Water-Sewer District boundaries; and,
Any and all portions of Sections 1,2, and 3, Township 48 South, Range 27 East within the Collier County Water-
Sewer District boundaries.
All of the above described lands are in Collier County, Florida.
Rather than expressly exclude the aforementioned areas from the geographic boundaries of the Collier County
Water-Sewer District, only to have to amend the Ordinance again to bring those areas back within the boundaries
on a future date at a subsequent cost, the proposed amendment clarifies the policy to impose and collect water and
sewer impact fees based on objective criteria tied to a foreseeable ten-year connection period. To prohibit the
future collection of water and sewer impact fees under the Ordinance in geographical areas where development
and/or connection to water and/or sewer services is not reasonably imminent, the proposed amended ordinance
exempts the payment of Water and Sewer Impact Fees, during. the normal land development process, from
geographic areas that have no foreseeable potcntial to be provided with potable water and/or sewer services by the
Collier County Water-Sewer District (District) within ten years as identified hy the most current Public Utilitics
Water and Wastewater Master Plan Updates and the Annual Update and Inventory Report.
FISCAL IMPACT: The fiscal impact related to the adoption of this Ordinance is the loss of prospective Water
and Sewer Impact Fees in an indeterminable amount. However, this action mitigates the administrative efforts of
refunding Water and Sewer Impact Fees in subsequent periods.
GROWTH MANAGEME:\'T IMPACT: Impact Fees generate funds to be spent on capital improvements to
public facilities necessitated by growth. This is consistent with Policy 2 of the Capital Improvement Element
(CIE) of the Collier County Growth Management Plan (GMP), which states "Future development will bear a
proportionate cost of facility improvements necessitated by growth." This proposed Ordinance does not in any
way waive Water and Sewer Impact Fees for any Development connecting to the District's Regional Water and/or
Regional Sewer System; rather, delays the collection of such applicable fmpact Fees until such time that the
provision of potable water and sewer services is anticipated within ten years.
LEGAL CONSIDERA nONS: This item has been reviewed and approved by the County Attorney's Office and
is otherwise legally sufficient for Board action.~SRT
RECOMMENDATION: That the Board of County Commissioners, as ex-officio governing Board of Collier
County Water-Sewer District, adopt an amendment to Ordinance No. 2001-13, as amended, to exempt payment of
Water and Sewer fmpact Fees, during the nonnalland development process, from geo/,'Taphic areas that have no
foreseeable potential to be provided with potable water and/or sewer services by the Collier County Water-Sewer
District (District) within ten years as identified by the most cun'ent public utilities water and wastewater master
plan updates and the Annual Update and Inventory Report.
PREPARED BY: Margie Hapke, Operations Analyst, Public Utilities Division
A TT ACHMENTS: Proposed Amended Ordinance
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Page 2 of2
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Agenda Item No. 17C
December 1, 2009
Page 3 of 10
COLLIER COUNTY
-"'.
BOARD OF COUNTY COMMISSIONERS
Item Number:
Item Summary:
17C
Recommendation to adopt an Ordinance amending the Collier County Consolidated Impact
Fee Ordinance, Ordinance No. 2001-13, as amended, to incorporate a provision clarifying
the imposition of Water and Sewer Impact Fees on geographic areas within the Collier
County Water -Sewer District until such a time when connection to the regional water and/or
sewer system is anticipated within a ten -year period as identified by the most current Public
Utiiities Water and Wastewater Master Plan Updates and the Annual Update and Inventory
Report.
12/1/20099:00:00 AM
Meeting Date:
Preps red By
Margie Hapke Operations Analyst Date
Public Utilities Division Public Utilities Division 11/6/200912:44:16 PM
Approved By
Scott R. Teach Deputy County Attorney Date
County Attorney County Attorney 11/12/20093:24 PM
Approved By
Thomas Wides Director - Operations Support - PUD Date
Public Utilities Division Utilities Finance Operations 11/12/20093:40 PM
Approved By
Amy Patterson Manager. Impact Fees & EDC Date
Community Development & Business Management & Budget Office
Environmental Services 11/12/20093:41 PM
Approved By
Toni A. Mott Manager - Property Acquisition & Canst
M Date
Administrative Services
Division Facilities Management 11/12/20094:38 PM
Approved By
Paul Mattausch Director - Water Date
Public Utilities Division Water 11/13/20094:57 PM
Approved By
G. George Yilmaz Director - Wastewater Date
Public Utilities Division Wastewater 11/16/200911:49 AM
,~<.- Approved By
Gilbert Moncivaiz Impact Fee Coordinator Date
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Agenda Item No. lye
December 1, 2009
Page 4 of 10
Public Utilities Division
Utilities Finance Operations
11/16/200912:24 PM
Approved By
Phil E. Gramatges, P.E.
Project Manager, Principal
Date
Public Utilities Division
Public Utilities Engineering
11/16/200912:46 PM
Approved By
Joseph K. Schmitt
Community Development &
Environmental Services
Administrator - Community Development
Community Development &
Environmental Services
Date
11/16/20098:33 PM
Approved By
Pamela Libby
Manager - Operations-WaterfWW
Date
Public Utilities Division
Water
11/17/20098:07 AM
Approved By
James W. DeLany
Date
County Attorney
County Attorney
11/17/200912:21 PM
Approved By
Jeff Klatzkow
County Attorney
Date
11/17/2009 2:54 PM
Approved By
OMS Coordinator
Date
County Attorney
County Attorney
11/18/20099:22 AM
Approved By
Susan Usher
Management/Budget Analyst, Senior
Date
Office of Management &
Budget
Office of Management & Budget
11/19/20097:19 PM
Approved By
Mark Isackson
Management/Budget Analyst. Senior
Date
Office of Management &
Budget
Office of Management & Budget
11/20/20098:35 AM
Approved By
Leo E. Ochs, Jr.
County Manager
Date
County Managers Office
County Managers Office
11/20/20093:23 PM
Agenda Item No. 17C
December 1, 2009
Page 5 of 10
~
ORDINANCE NO. 2009-
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA, AMENDING THE COLLIER
COUNTY CONSOLIDATED IMPACT FEE ORDINANCE, NO. 2001-13,
AS AMENDED, TO INCORPORATE A PROVISION G
THE IMPOSITION OF WATER AND SEWER IMPACT FEES ON
GEOGRAPmC AREAS WITHIN THE COLLIER COUNTY WATER-
SEWER DISTRICT UNTIL SUCH A TIME WHEN CONNECTION TO
THE REGIONAL WATER AND/OR SEWER SYSTEM IS
ANTICIPATED WITHIN A TEN-YEAR PERIOD AS IDENTIFIED BY
THE MOST CURRENT PUBLIC UTILITIES WATER AND
WASTEWATER MASTER PLAN UPDATES AND THE ANNUAL
UPDATE AND INVENTORY REPORT; PROVIDING FOR CONFLICT
AND SEVERABll.ITY; PROVIDING FOR INCLUSION IN THE
COLLIER COUNTY CODE OF LAWS AND ORDINANCES; AND,
PROVIDING AN EFFECfIVE DATE.
WHEREAS, Collier County has used impact fees as a funding source for growth-related
capital improvements for various facilities since 1978; 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
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; and
WHEREAS, the adoption of this Amendment to the Ordinance incorporates provisions
that will amend Section 74-303 (C)(1) of the Collier County Code of Laws and Ordinances
relating to the applicability and imposition of Water and Sewer Impact Fees on geographic areas
within the Collier County Water-Sewer District to clarify and limit the imposition of Water and
Sewer impact fees on geographic areas within the Collier County Water-Sewer District until
such a time when connection to the Regional Water and or Sewer System is anticipated within a
ten-year period as identified by the most current Public Utilities Water and Wastewater Master
Plan Updates and the Annual Update and Inventory Report during the nonna1land development
process.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
SECTION ONE. Article II, Impact Fees, Section 74-303, Special Requirements for Water
Impact Fee and/or Sewer Impact Fee, subsection C, Limitation on Applicability, of the Collier
County Code of Laws and Ordinances is hereby amended to read as follows:
Page I of3
Underlined text is added;
text is deleted.
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Agenda Item No. 17C
December 1, 2009
Page 6 of 10
Section 74.303. Special Requirements for Water Impact Fee and/or Sewer Impact Fee.
...
C. Limitation on Applicability. Notwithstanding the general applicability provisions
set forth in this chapter, water and sewer impact fees shall be limited as foUows:
(1) The imposition of water and sewer im"pact fees Sshall not apply within the
geographic areas expI'tssly excluded by this chapter~ .
sewer impBel-fees: For purposes of the water and/or sewer service, development shall
include only development on lands within the county water sewer district, exclusive of
lands encompassed by the geographic areas described hereunder~ subject to the following
condition: the imJ1Qsition and collectW:l Qf water and sewer. impact fees on geo"gmphic
areas within the county water sewer district shall not take place until such time when
connection to the regional water and/or sewer ~stem is anticipated within a ten-year
period as identified by the most CUITent county Public Utilities Water and W~tewater
Master Plan Updates anc;l the Annual Update and Inventory Report. Lands within the
county generally excluded from the generally applicable definition of "development" as it
relates to the water and/or sewer service include (the exclusions set forth below are not
all-inclusivey,; lands lying within the excluded areas which are either required to connect
or request connection to the regional water system, or which otherwise create a growth
necessitated demllnd upon the regional water system shall be subject to the imposition of
impact fees in accordance with this chapter in the same manner as if said lands were not
within the excluded geographic area:
u.
m. Any and all portions of Sections 13. 14. IS. 16. 20. 21. 22, 27. and 28,
Township 49 South. Rl!nge 27 East wi1hin the Collier County Water-Sewer Qistrict
boundaries. Any and all portions of Section 24. Township 49 South. Ran~e 26 East
within the Collier Coupty Water-Sewer District boundaries. Any and all wrtions of
Section 31, Townshi,p 50 South. Range 27 East within the Collier County Water-Sewer
District boundaries. Any and all portions of Sections 3. 4. 10, and I I. Township 51
South. Ran~e 27 East within the Collier County Water-Sewer District bo\llldaries. Any
and all ~rtions of Sections 34 and 35, Township 50 South. Ran~e 25 East within the
Collier County Water-Sewer District boundaries. Any and all portions of Sections 1. 2,
3. 11. 12. 13. 14, 23, !!P.9 24. ToWlW!ip 51 South. Range 25 East within the Collier
County Water-Sewer District boundaries. Any and all portions of Sections 7,17.18.19.
Page 2 of3
Underlined text is added; text is deleted.
Agenda Item No. 17C
December 1, 2009
Page 7 of 10
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and 20. Township 51 South. Range 26 E~ within the Collier County Water-Sewer
Pi.Wet boundaries. My lUld all portions of Sections 34. 35. and 36, Township 47 South.
Range 27 East within the Collier CO\l!l!Y Water-Sewer pj~et boundaries. Any and all
pOrtions of Sections I, 2. and 3. Townshi..,p 48 South. Ramte 27. East within the Colljer
County Water-Sewer Distriet boundaries,
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SECTION TWO. CONFLICT AND SEVERABILITY.
In the event this Ordinance conflicts with any other Ordinance of Collier County or other
applicable law, the more restrictive sball 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
. . .
remammg portions.
SECTION THREE. INCLUDSION IN THE CODE OF LAWS AND ORDINANCES.
The provisions of this Ordinance shall be Itl~de a part of the Code of Laws and
Ordinances of Collier County, Florida. The section of the Ordinance may be renumbered or
relettered 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 FOUR. EFFECTIVE DATE.
The Ordinance shall become effective upon filing with the Secretary of State.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida this day of , 2009.
ATIEST
Dwight E. Brock, Clerk
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
By:
By:
, Deputy Clerk
DONNA FIALA, CHAIRMAN
Approved as to form
and legal sufficiency:
Scott R. Teach
,,-
Deputy County Attorney
Page 3 00
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text is deleted.
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Agenda Item No. 17e
December 1, 2009
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.. . . ()ecember 1, 2009
Nap,lel Dll1ly News. Friday, November 20,2009 . 19D .. Page 10 of 10
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NOTICE Of INTENT TO CONSIDER'
ORDINANCE
Notice is hereby given that on Tues-
d'ay, December 1, 2009. in th~ Board.
room, 3rd Floor, Administration Build-
ing. Collier County Government (en-
_ ter, 3301 East Tamiami Trail, Naples.
Florida, the Board of County CJ?mmis-
sioners will consider the enactment of
a County Ordinance. The meeting will
commence at 9:00 A.M.,. The title of
the proposed Ordinance is as folloV(s:
.
,
AN ORDINANCE OF THE BOARD OF
COUNTY COMMISSIONERS OF -COlLIER
COUNTY, FLORIDA,' AMENDING THE
COLLIER COUNTY CONSOLIDATED IM-
PACT fEE ORDINANCE, NO. 2001-13,
AS AMENDED, TO INCORPORATE A
PROVISION. CLARIFYING THE IMPOSI-
TION OF WATER A.NO SEWER IMPAcT
FEES ON GEOGRAPHIC AREAS WITHIN
THE COLLIER COUNTY WATER.SEWER
DISTR!CT UNTtL SUCH A TIME WHEN
CONNECTION TO THE' REGIONAL WA-
TER ANDfOR SEWER SYSTEM IS ANT1Cl~
PATED WITHIN A TEN~YEAR PER10D
AS IDENTIFIED BY THE MOST CURRENT
PUBLIC UTILITIES WATER AND WASTE-,
WATER MASTER PLAN UPDATES AND
THE ANNUAL UPDATE AND INVENTO-
RY REPORT; PROVIDING FOR CON.
FlICT AND SEVERABIlTIY; PROVIDING
FOR INCLUSION IN' THE COLLIER
COUNT( CODE OF LAWS AND ORD!-
NANCEk AND, PROVIDING AN EFFEC-
TIVE DATE. '
.
Copies of the proposed Ordinance are
on file with the Clerk to the Board and
are available for inspection. 'All inter-
ested parties are invited to attend and ,"
he heard.
NOTE: All persons wishing to speak
on any agenda 'item must register with
the County administrator prior to pre-
sentation of the agenda item to be
addressed. individual speakers, will be
limited to 5 minutes on any item. The
selection of an individual to speak on
behalf of an organization or group is
encouraged. If recognized by the
Chairman, a spokesperson for a group
or organization may, be allotted 10
minutes to speak on' ail item. '
,
Persons wishing' to have written or
graphic materials;. induded in the -
Board agenda packets must submit
said material a minimum of 3 weeks
prior to the respecti've public hearing.
In any case, written materials intended
to be considered by the Board shall be
submitted to the appropriate County
staff a mmimum of seven days prior to
the public hearing. All material used
in presentations before the Board will
become a' permanent part of the re-
cord.
Any person who decides to appeal
a deCIsion of the Board will need a re-
. cord ,of the -proceedings pertaining
thereto and therefore, may need to
ensure that a verbatim record of the
proceedings is made, which record in-
cludes the testimony and evidence
upon which the appeal is based. '
If you are a person with a disability
who needs any accommodation in .or-
der to participate in this proceeding;
you are entitled, at no cost to you, .to
the provision of certain assistance:
Please contact the Collier County Fa-
cilities Management Department, lo-
cated at 3301 Tamiami Trail East,
Building W, Naples, Florida 34112,'
(239) 252.8380. Assisted listening de-
vices for the hearing impaired are
available in the County Commissioners'
Office. '
SOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
DONNA FIALA, CHAIRMAN
DWIGHT E. BROCK, CLERK
By: Ann Jennejohn, Deputy Clerk ..
November 20. 2009., ,No1827097