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Backup Documents 10/27/2009 Item # 8A (i)'--~ MrA ~ (" ..~ COLLIER COUNTY FLORIDA REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS To: Clerk to the Board: Please place the following as a: X Nonnallegal Advertisement (Display Adv., location, etc.) o Other: Originating Dept! Div; CDESI Impact Fee Administration *******....*********************************************************************************************** Person: Amy Patterson Date: October 9, 2009 Petition No. (If none, give briefdescription): Petitioner: (Name & Address): Name & Address of any person(s) to be notified by Clerk's Office: (If more space is needed, attach separate sheet) Hearing before: X BCC BZA Other Requested Hearing date: (Based on advertisement appearing 10 days before bearing. October 27. 2009 Newspaper(s) to be used: (Complete only if important): X Naples Daily News o Other o Legally Required Proposed Text: (Include legal description & common location & Size: AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING CHAPTER 74 OF THE COLLIER COUNTY CODE OF LAWS AND ORDINANCES, THAT ORDINANCE BEING THE COLLIER COUNTY CONSOLIDATED IMPACT FEE ORDINANCE, AS AMENDED, PROVIDING FOR THE INCORPORATION, BY REFERENCE, OF THE IMPACT FEE STUDY ENTITLED "COLLIER COUNTY PARKS AND RECREATION IMPACT FEE UPDATE STUDY"; AMENDING THE PARKS AND RECREATION IMPACT FEE RATE SCHEDULE, WHICH IS SCHEDULE THREE OF APPENDIX A, AS SET FORTH IN THE IMPACT FEE UPDATE STUDY; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE OF NOVEMBER I, 2009 FOR THE REGIONAL PARKS IMPACT FEE RATE SCHEDULE AND FEBRUARY 1,2010 FOR THE COMMUNITY PARKS IMPACT FEE RATE SCHEDULE Companion petition(s), ifany & proposed hearing date; Does Perition Fee include advertising cost? 0 Yes 0 No If Yes, what account should be charged for advertising costs: 131-138902-649100 P.O.# 4500098454 /0- 7- o? Date List Attachments: I. Ordinance Amendment DISTRIBUTION INSTRUCTIONS A. For hearings before BCC or BZA: Initiating person to complete one coy and obtain Division Head approval before submittIng to Connty Manager. Note: Iflegal dncnment is involved, be snre that any necessary legal review, or request for same, is submitted to County Attorney before snhmlttlng to County Manager. The Manager's office will dIstribute copies: o County Manager agenda file: to Clerk's Office o Requesting Division o Original FOR CLERK'S OFFICE USE ONLY: Date Received: B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office, retaining a copy for me. ******************************************************.*.*.************************************************ Date of Public hearing; Date Advertised: 8 A ~ ORDINANCE NO. 2009- AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING CHAPTER 74 OF THE COLLIER COUNTY CODE OF LAWS AND ORDINANCES, THAT ORDINANCE BEING THE COLLIER COUNTY CONSOLIDATED IMPACT FEE ORDINANCE, AS AMENDED, PROVIDING FOR THE INCORPORATION, BY REFERENCE, OF THE IMPACT FEE STUDY ENTITLED "COLLIER COUNTY PARKS AND RECREATION IMPACT FEE UPDATE STUDY"; AMENDING THE PARKS AND RECREATION IMPACT FEE RATE SCHEDULE, WmCH IS SCHEDULE THREE OF APPENDIX A, AS SET FORTH IN THE IMPACT FEE UPDATE STUDY; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE OF NOVEMBER 1, 2009, FOR THE REGIONAL PARKS IMPACT FEE RATE SCHEDULE AND FEBRUARY 1, 2010, FOR THE COMMUNITY PARKS IMPACT FEE RATE SCHEDULE. WHEREAS, Collier County has used impact fees as a funding source for growth-related capital improvements for parks and recreational facilities since 1988; and 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 March 14, 2006, the Board of County Commissioners adopted Ordinance No. 2006-11, thereby amending Schedule TIrree of Appendix A of Chapter 74 of the Code, and establishing the County's then current Parks and Recreation Impact Fee rates; and WHEREAS, on June 26, 2007, the Board adopted Ordinance No. 2007-57 incorporating the "Collier County Impact Fee Indexing Study" through which the Parks and Recreation Impact Fees were 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 Parks and Recreation Impact Fees and recommend changes to the fees where appropriate; and Underlined text is added; StruelE thrSHgh text is deleted Page 1 of4 8 A .~ WHEREAS, the Consultant has prepared an impact fee study entitled "Collier County Parks and Recreation Impact Fee Update Study," dated June 26, 2009 (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 Parks and Recreation Impact Fee rate schedule, as set forth in Schedule Three 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 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 specified land uses; and WHEREAS, the Consultant has reviewed and updated the fee calculation methodologies that will be imposed in an equitable and non-discriminatory manner; and WHEREAS, Section 163.31801, Florida Statutes, which is the Florida Impact Fee Act, requires the most recent and localized data be used in impact fee calculations and this study complies with that requirement; and WHEREAS, the study methodology has been reviewed and approved by Collier County's outside legal counsel, Nabors, Giblin and Nickerson, P.A.; and WHEREAS, staff has thoroughly reviewed the calculations and fmdings, concurs with the recommended changes to the Parks and Recreation 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. *** Underlined text is added; Etnlel. thre~h text is deleted Page 2 of4 8ll (3) Parks and recreational facilities: "Pllflt Imflaet Fee Ujlaate flrej'lllfed fer Cellier Cowity, Fleriaa," J3fef3a:red ey DliBeEtfl t,.sseeiates Hi asseeiatiea .l:ith Dr. James C. }!iehelas (JanWll'Y 18, 290e), "Collier County Parks and Recreation Imoact Fee Update Study," prepared by Tindale-Oliyer and Associates. Inc. (June 26. 2009); and *** SECTION TWO. Schedule Three, Parks and Recreation Impact Fee Rate Schedule, of Appendix A of Chapter 74 of the Collier County Code of Laws and Ordinances is hereby amended as set forth in the attachment to this Ordinance. SECTION THREE. CONFLICT AND SEVERABILITY. In the eyent 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 considered adopted upon filing with the Florida Department of State; however, the effective date of the Regional Park Impact Fee rate schedule shall be November I, 2009, and the effective date of the Community Parks Impact Fee rate schedule shall be delayed to February I, 2010. Underlined lext is added; 8tru:elt thrs\lgh tex1 is deleted Page 3 of4 8A PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida this _ day of ,2009. ATTEST Dwight E. Brock, Clerk BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: By: , Deputy Clerk DONNA FIALA, CHAIRMAN 1 lnderlined text is added; Stnlek threugh text is deleted Page 4 of 4 SA APPENDIX A - SCHEDULE THREE PARKS AND RECREATIONAL FACIUTIE8 IMPACT FEE RATE SCHEDULE Effeetive Jallua.., 1,2998 Community Parks - Effective: Februarv 1.2010 Impact Fee Land Use Category Rate Plirlill COlllffiUHity HotellMotel $578. ~5 $503 .22 Pcr Room Mobile Home/RV Park $1,962.60 $945.71 Per Unit/Site Multi-Family $862.59 $711.45 Per Dwelling Unit Single Family Detached House Less than 1,500 sq. ft. $1,975.25 $1.199.02 Per Dwelling Unit 1,500 to 2,499 sq. ft. $1,181.95 $1.3 ]5.89 Per Dwelling Unit 2,500 sq. ft. or larger $1,286.85 $1.445.75 Per Dwelling Unit Reldonal Parks - Effective: November 1. 2009 Imnact Fee Land Use Catelwrv Pori.. RegioR.' HotellMotel Mobile Home/RV Park Multi-Family Single Family Detached House Less than 1,500 sq. ft. ],500 to 2,499 sq. ft. 2,500 sq. ft. or larger !!!k $1,279.95 $2,351.75 $1,997.85 $1.038.61 $1.916.05 $1.298.26 Per Room Per Unit/S ite Per Dwelling Unit $2,378.29 $2.199.69 $2.420.51 $2.666.80 Per Dwelling Unit Per Dwelling Unit Per Dwelling Unit $2,612.89 $2,817.19 Note: Community Parks Impact Fees do not apply to the City of Naples, City of Marco Island or Everglades City. Underlined text is added; Struelr thraugk text is deleted SA Patricia L. Morgan From: Sent: To: Subject: brock_m [MaryBrock@colliergov.net] Friday, October 09, 2009 1 :58 PM Minutes and Records; NeetVirginia legal ad -m legal ad.pdf 8AI ACCT #068781 October 13,2009 Attn: Legals Naples Daily News 1075 Central Avenue Naples, Florida 34102 Re: Amending Schedule Four, of Appendix A, of Chapter 74, of the Collier County Code of Laws and Ordinances Dear Legals: Please advertise the above referenced notice on Friday, October 16, 2009, and kindly send the Affidavit of Publication, in duplicate, together with charges involved, to this office. Thank you. Sincerely, Martha Vergara, Deputy Clerk P.o. #4500098454 SA j NOTICE OF INTENT TO CONSIDER ORDINANCE Notice is hereby given that on Tuesday, October 27, 2009, in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida, the Board of County Commissioners 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 follows: AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING CHAPTER 74 OF THE COLLIER COUNTY CODE OF LAWS AND ORDINANCES, THAT ORDINANCE BEING THE COLLIER COUNTY CONSOLIDATED IMPACT FEE ORDINANCE, AS AMENDED, PROVIDING FOR THE INCORPORATION, BY REFERENCE, OF THE IMPACT FEE STUDY ENTITLED "COLLIER COUNTY PARKS AND RECREATION IMPACT FEE UPDATE STUDY"; AMENDING THE PARKS AND RECREATION IMPACT FEE RATE SCHEDULE, WHICH IS SCHEDULE THREE OF APPENDIX A, AS SET FORTH IN THE IMPACT FEE UPDATE STUDY; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE OF NOVEMBER 1, 2009, FOR THE REGIONAL PARKS IMPACT FEE RATE SCHEDULE AND FEBRUARY 1, 2010, FOR THE COMMUNITY PARKS IMPACT FEE RATE SCHEDULE. Copies of the proposed Ordinance are on Board and are available for inspection. invited to attend and be heard. file with the Clerk to the All interested parties are ~: All persons wishing to speak on any agenda item must register with the County administrator prior to presentation 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 an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. All material used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, SA which record includes the testimony and evidence upon which the appeal is based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding; you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Department, located at 3301 Tamiami Trail East, Building W, Naples, Florida 34112, (239) 252-8380. Assisted listening devices for the hearing impaired are available in the County Commissioners' Office. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA DONNA FIALA, CHAIRMAN DWIGHT E. BROCK, CLERK By: Martha Vergara, Deputy Clerk (SEAL) 8 A !~ Martha S. Vergara From: Sent: To: Subject: Attachments: postmaster@collierclerk.com Tuesday, October 13, 200910:30 AM Martha S. Vergara Delivery Status Notification (Relay) ATT639622.txt; Amending Schedule 4 of Chapter 74 of the Code ofLaws and Ord. - Parks and Rec. This is an automatically generated Delivery Status Notification. Your message has been successfully relayed to the following recipients, but the requested delivery status notifications may not be generated by the destination. legals~naplesnews.com 1 8 A ~., Martha S. Vergara From: Sent: To: Subject: Attachments: Martha S. Vergara Tuesday, October 13, 2009 10:30 AM Naples Daily News Legals Amending Schedule 4 of Chapter 74 of the Code of Laws and Ord. - Parks and Rec. Amending Schedule four of Chapter 74 of the Code of Laws & Ord. (10-27-09) Parks & Rec.doc; Amending schedule four chapter 74 of the Code of Laws & Ord. (10-27-09) Parks & Rec.doc Legal's, Here is an Ad to be placed. PLEASE SEND AN OK WHEN RECEIVED. Than ks, Martha Vergara, Deputy Clerk Clerk to the Board of County Commissioners Minutes and Records Department 239-252-7240 239-252-8408 fax (martha. veroara(alcolliercierk.com) 1 SA j Martha S. Vergara From: Sent: To: Subject: Pagan, Emely [EPagan@Naplesnews.com] Tuesday, October 13, 200910:57 AM Martha S. Vergara RE: Amending Schedule 4 of Chapter 74 of the Code of Laws and Ord. - Parks and Rec. ok From: Martha S. Vergara [mailto:Martha.Vergara@collierclerk.com] Posted At: Tuesday, October 13, 2009 10:30 AM Posted To: Legals - NDN Conversation: Amending Schedule 4 of Chapter 74 of the Code of Laws and Ord. - Parks and Rec. Subject: Amending Schedule 4 of Chapter 74 of the Code of Laws and Ord. - Parks and Rec. Legal's, Here is an Ad to be placed. PLEASE SEND AN OK WHEN RECEIVED. Than ks, Martha Vergara, Deputy Clerk Clerk to the Board of County Commissioners Minutes and Records Department 239-252-7240 239-252-8408 fax (martha. verqa ra(Cilcollierclerk.com) Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. 1 SA Martha S. Vergara From: Sent: To: Subject: Attachments: Thank you for Date Publication Ad Number Total Ad Cost Pagan, Emely [EPagan@Naplesnews.com] Tuesday, October 13, 2009 12:58 PM Martha S. Vergara Ad Confirmation UASEEO.jpg placing your ad. 10/13/09 NDN 1820925 $333.62 1 NOTICE OF INTENT TO CONSIDER ORDINANCE I 8A ,I NotIce 1s hereby glv(.lnthat on Tuesday, October 27,2009, In the Bo.ardroom, .3rdFloor, Administration Burldlng, CollIer County Government Center, 3301 East Tamlaml Trall~ Naples. Florida, thE! Board ofCoumy CommissIoners wlllc;onslder the enactment of a County Ordinance. The meeting wlllcommence at 9:00 A.M. The title ofthe proposed Ord Inance is as follews: AN ORDINANCp OF.THE BOARDOP COUNTY COMMISSIONERS OF CQLLlER.cOUNTY, FLORIDA AMENDING CHAPTER 74 OF THE ~OLLlER COUNTY (ODE OF L~WS AND ORDI- NANCES, THAT ORDINANCE BEING THE COLLIER COUNTY <;:ONSQlIDATED IMPACT FEE ORDINANCE. AS AMENDED. PROVIDING FQRTHE INCORPORATION. BY REFERENCE, OF THE IMPACT FEE STUDYENTlTLED "COLLIER COUNTY TRIP CHARACTERI$T1.CS STUDY MINE LAND USE"; AMENDING THE ROAD IMPACT FEt.RATE SCHEDULE, WHiCH ISSCHED- UlE or~E.oF AP~ENDIX A, TO PROVIDE FORTi-1E NEW MINE .tAND LISE CATEGORY AND IMPAITHE RATE; UPDATING THE GENERAL QEFlNmONS Sl;cnON: PROVIDING FOR CON- FLier AND 5EVERAJ3IUTV; I'ROVIQINGI'OR INCU..JSION INTHE CODE OF LAWS AND OROt- NANCES;ANDPROVIDINGFOR A DELAYED EFFfGIVE DATf OF FEBRUARY" 2010. Copies .ef tne praposedOrdlnan<;e are onfllewith the Clerk. to the Board and.areav8Iil- able for inspection. All Interested parties are Invited to attend and be heard. NOTE: All persons wish\ng to speal<onanyagenda item must register with the (ounty administratQr prier to presentation of the agenda i1:E~m tobeacldress;!!d. Indivldl~al speakers will be limited to 5 minutes on any Item. The selectron of an indiVidual to speak <::in behalf of an organization or 9rO~Jp is encouraged. If re('.ogl'\ized by the Chairman. a spokesperson for a group or organization may be allotted 10 minutes to speak 01'1131'1 Item. Persons wishln$l to have written or Sfraphic materials inc.ludedin the Board agend.a pack., e15 must S~Jbmlt said material a .mimmum nf.} weeks priqrto the respective I;>ublk hear- inS}- In any case, written materials intendedtc be c(j;)nsidered by '[h~ Board shall be sub, mrtted to the appropriate COI~nty staff .il mlnim~Jm of seven days prior to. the p1.lblic hear- ing. All rnaterialuSBd in pres~mation5 before the Board will beH:ome a permanent part of the record. Any person who decides to appeal a deciSion of the Board wiH need a record of the prq- ceedlngs pertaining thereto and therefore, may need to ensure that a verbatim recortl of the proceediogs is made, which record includes the te.rtfmony and evidence upon which the appeal is based If YOLl. arE!. a person with a disability who needs any accommodation in order to partici- patEl in this proceeding; you are entitled. at no coSt to you. to the provision of certaln.~5- sistance, ~Iea~ (~ntact the.C!.?llier(ountyFadli!ies lVIanagemElnt Department, IQcat~d at 3301 Tam.arrlf Trail East.all1ldlll~ W, Naples, Flonda 34112, (239) 252-8.380.A:sslsted ll5ten- ing devices for The hearing impaired are available in the County Commissioners' Office. BOARD OF COUNTYCOMMISSIONER5 COLuERcoumy. FLORIDA DONNA FIALA, CHAIRMAN DWIGHT E BROCK, CLERK By: Martha Vergara. Deputy derk (SEAL) October 16, 2009 No 18;l0924 Naples Daily News Naples, FL 34102 SA Affidavit of publication Naples Daily News --------------------------------------------------+------------------------ BCC/IMPACT FEE ADMINISTRATION CLERK OF CIRUCIT CRT SARA SCHNEEBERGER POBOX 413044 NAPLES FL 34101 REFERENCE: 068781 59593608 P.O. #4500098454 NOTICE OF INTENT TO . NOTtctOF INTENT TO CONSltlEIl'ORDINANCf': NotIce=-.ts....... '. ., .',on :.Y."0_' ~........~In.' the""""""," "'ltd. Floor, , , ,',' ~county Go'l" D' ~liUt,''t... miami . ',.' ',-,.,_~ t.":'=~ the ....,_. ..' .TtO! "'."., , ,"'" , ... 11le r..Ofltii-J ',' fOI~", _',',>,...., -,",' . .:.' ...;,'..:.,....;:,'..,-,...-,. '" ...' ,_...' \ ;:- I' State of Florida County of Collier Before the undersigned authority, persona appeared Phil Lewis, who on oath says that serves as the Editor and Vice President of Naples Daily News, a daily newspaper publis. Naples, in Collier County, Florida: that t attached copy of advertising was published newspaper on dates listed. Affiant further says that the said Naples News is a newspaper published at Naples, in Collier County, Florida, and that the said newspaper has heretofore been continuously published in said Collier County, Florida, l day and has been entered as second class ma: matter at the post office in Naples, in sai( Collier County, Florida, for a period of 1 ;' next preceding the first publication of the attached copy of advertisement; and affiant further says that he has neither paid nor promised any person, firm or corporation an discount, rebate, commission or refund for purpose of securing this advertisement for publication in the said newspaper. .~W- .y~,~~~,,~:~,:..,:,:~1 -"X ~t~". l ,_ . ttli' , {;;'t<~, ."i.:~ ,.- ,_",,,'.1_, 'u",Ut"ftA'H: PUBLISHED ON: 10/16 10/16 AD SPACE: FILED ON: 120 LINE 10/16/09 ---------------------~-~----------------+------------------------ Signature of Affiant ~ ~ Sworn to and Subscribed before me this ;:),\ C;-\- day of Oc-tot.,e,.- 20o:t Personally known by me "tllll", -i<l'~t.I;.V ~~,~ KAROL E KANGAS i~\ Notary Public - Slate of Florida ~'i.Ai.} My Comm. Expires Ju129, 2013 "~!OFf\.~'''''- Commission" 00 912237 '''"111' ORIGINAL DOCUMENTS CHECKLIST & ROUTING SUP ~ 8 A II TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office, The completed routing slip and original documents are to be forwarded to the Board Office only after the Board has taken action on the item.) ROUTING SLIP Complete routing lines # I through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the exec tion of the Chairman's si nature, draw a line thrau h routin lines # 1 thrau #4, com lete the checklist:, and forward to Sue Filson line#5 . Route to Addressee(s) Office Initials Date (List in routin order) 1. Judy Puig CDES Administration 2. 3. 4. 5 Ian Mitchell, Supervisor, BCC Office Board of County Commissioners Clerk of Court's Office 6. Minutes and Records PRIMARY CONTACT INFORMATION (The primary contoct is the holder of the original document pending Bee approval. Nonnally the primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the event one of1he addressees above, including Sue Filson, need to ccntact stafffor additional or missing information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the item. Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is a ro riate. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions. etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and os sib I State Officials.) All handwritten strike-through and revisions have been initialed by the County Attorney's Office and all other arties exce t the BCC Chairman and the Clerk to the Board The Chairman's signature line date has been entered as the date ofBCC approval of the document or the fmal ne otiated contract date whichever is a licable. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's si nature and initials are re uired. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Ia" Mitchell in the BCC office within 24 hours of BCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCe's actions are nullified. Be a are of our deadlines! The document was approved by the BCC on (enter date) and all changes made during the meeting have been incorporated in the attached document. The Count Attorne 's Office has reviewed the chan es, if a licable. S; uA. E..f&. \ EJ< f<L'z..5.s ~ CC \- ~ '1 s s ll..\ {" \\ q I: Forms/ COlmty Forms/ Bee Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 Phone Number fN,ot-.! Agenda Item Number Number of Original Documents Attached \Nl\NCt:.. c01-S1 INSTRUCTIONS & CHECKLIST 1. 2. 3. 4. 5. 6. ).Sa--.51),\ <61\ , Yes (Initial) N/A (Not A licable) Ar 0P ~f \ , 8 A ., ORDINANCE NO. 2009-57 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING CHAPTER 74 OF THE COLLIER COUNTY CODE OF LAWS AND ORDINANCES, THAT ORDINANCE BEING THE COLLIER COUNTY CONSOLIDATED IMPACT FEE ORDINANCE, AS AMENDED, PROVIDING FOR THE INCORPORATION, BY REFERENCE, OF THE IMPACT FEE STUDY ENTITLED "COLLIER COUNTY PARKS AND RECREATION IMPACT FEE UPDATE STUDY"; AMENDING THE PARKS AND RECREATION IMP ACT FEE RATE SCHEDULE, WHICH IS SCHEDULE THREE OF APPENDIX A, AS SET FORTH IN THE IMPACT FEE UPDATE STUDY; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE OF NOVEMBER 1, 2009, FOR THE REGIONAL PARKS IMPACT FEE RATE SCHEDULE AND FEBRUARY 1,2010, FOR THE COMMUNITY PARKS IMPACT FEE RATE SCHEDULE. WHEREAS, Collier County has used impact fees as a funding source for growth-related capital improvements for parks and recreational facilities since 1988; and 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 March 14, 2006, the Board of County Commissioners adopted Ordinance No. 2006-11, thereby amending Schedule Three of Appendix A of Chapter 74 of the Code, and establishing the County's then current Parks and Recreation Impact Fee rates; and WHEREAS, on June 26, 2007, the Board adopted Ordinance No. 2007-57 incorporating the "Collier County Impact Fee Indexing Study" through which the Parks and Recreation Impact Fees were 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 Parks and Recreation Impact Fees and recommend changes to the fees where appropriate; and Underlined text is added; Stmsl: tlmlHgR text is deleted Page 1 of 4 . t SAt WHEREAS, the Consultant has prepared an impact fee study entitled "Collier County Parks and Recreation Impact Fee Update Study," dated June 26, 2009 (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 Parks and Recreation Impact Fee rate schedule, as set forth in Schedule Three 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 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 specified land uses; and WHEREAS, the Consultant has reviewed and updated the fee calculation methodologies that will be imposed in an equitable and non-discriminatory manner; and WHEREAS, Section 163.31801, Florida Statutes, which is the Florida Impact Fee Act, requires the most recent and localized data be used in impact fee calculations and this study complies with that requirement; and WHEREAS, the study methodology has been reviewed and approved by Collier County's outside legal counsel, Nabors, Giblin and Nickerson, P.A.; and WHEREAS, staff has thoroughly reviewed the calculations and findings, concurs with the recommended changes to the Parks and Recreation 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. *** Underlined text is added; Struel; thrsl:Igh text is deleted Page2of4 . ~8 All (3) Parks and recreational facilities: "Park IlHllaet Pee Ulldate llrellared for Cellier Cmmty, Florida," llrellared by DHHeoo f.ssoeiates iH assoeiatieH wit-h Dr. James C. NiehGlas (Jarmary 18, 200€i), "CGllier CGunty Parks and RecreatiGn Impact Fee Update Study." prepared by Tindale-Oliyer and AssGciates. Inc. (June 26. 2009); and *** SECTION TWO. Schedule Three, Parks and RecreatiGn Impact Fee Rate Schedule, Gf Appendix A Gf Chapter 74 Gf the CGllier CGunty CGde Gf Laws and Ordinances is hereby amended as set fmth in the attachment tG this Ordinance. SECTION THREE. CONFLICT AND SEVERABILITY. In the event this Ordinance C0nflicts with any Gther Ordinance Gf CGllier CGunty m Gther applicable law, the mme restrictive shall apply. If any phrase m pmtiGn Gfthis Ordinance is held invalid m uncGnstitutiGnal by any CGurt Gf cGmpetent jurisdictiGn, such pGrtiGn shall be deemed a separate, distinct, and independent pwvisiGn and such hGlding shall nGt affect the validity Gf the remaining pGrtiGns. SECTION FOUR. INCLUSION IN CODE OF LAWS AND ORDINANCES. The pwvisiGns Gf this Ordinance shall be made a part Gf the CGde Gf Laws and Ordinances GfCGllier CGunty, Flmida. The sectiGns Gfthe Ordinance may be renumbered m re- lettered and internal cwss-references amended thwughGut tG accGmplish such, and the wGrd "mdinance" may be changed tG "sectiGn," "article," m any Gther appwpriate wmd. SECTION FIVE. EFFECTIVE DATE. This Ordinance shall be C0nsidered adGpted upGn filing with the Flmida Department Gf State; hGwever, the effective date Gf the RegiGnal Park Impact Fee rate schedule shall be NGvember I, 2009, and the effective date Gfthe CGmmunity Parks Impact Fee rate schedule shall be delayed tG February 1,2010. Underlined text is added; Stru61~ tRrBllgh text is deleted Page 3 of 4 ~8A 'I PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida thisc977>> day ofOch1" , 2009. ATTEST Dwight E. Brock, Clerk D"'~P~",~' ,~~~.:..:.....'~..~~ \, :1!ifiiif;)> , By: ~... ,,'. BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA - By: 4~ -:I~ DONNA FIALA, CHAIRMAN .klt.,"". .. .1Ol'at....'o.'." \\.: Approved s to fonn and I gal L ciency: Underlined text is added; 8truel; tAf8Hgk text is deleted Page 4 of 4 . , 8 A 't APPENDIX A - SCHEDULE THREE PARKS AND RECREATIONAl, Fl\CILITIES IMPACT FEE RATE SCHEDULE Effective JanHal)' 1,2998 Community Parks - Effective: Februarv 1. 2010 Impact Fee Land Use Category Rate Parl.s CammHnity Hotel/Motel $578.15 $503.22 Per Room Mobile Home/RV Park $1,062.60 $945.71 Per Unit/Site Multi-Family $862.50 $711.45 Per Dwelling Unit Single Family Detached House Less than 1,500 sq. ft. $1,075.25 $1.199.02 Per Dwelling Unit 1,500 to 2,499 sq. ft. $1,181.05 $1.315.89 Per Dwelling Unit 2,500 sq. ft. or larger $1,286.85 $1.445.75 Per Dwelling Unit Rel!ional Parks - Effective: November 1.2009 ImDact Fee Land Use Catel!orv Parlw RegioHal Hotel/Motel Mobile Home/RV Park Multi-Family Single Family Detached House Less than 1,500 sq. ft. 1,500 to 2,499 sq. ft. 2,500 sq. ft. or larger Rate $1,279.95 $2,351.75 $1,907.85 $1.038.61 $1.916.05 $ 1,298.26 Per Room Per Unit/Site Per Dwelling Unit $2,378.20 $2,612.89 $2,817.19 $2,1 99.69 $2.420.51 $2,666.80 Per Dwelling Unit Per Dwelling Unit Per Dwelling Unit Note: Community Parks Impact Fees do not apply to the City of Naples, ; City of Marco Island or Everglades City. Underlined text is added; gtFuck through text is deleted , 8 A ," STATE OF FLORIDA) COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true and correct copy of: ORDINANCE 2009-57 Which was adopted by the Board of County Commissioners on the 27th day of October, 2009, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 29th day of October, 2009. .' "I,~i,. DWIGHT E. BROCK .... ,', ,,' ~3 . ~<' . Clerk of Courts'..fhd"Cl'e:r&:;. . . \. ". ~\ '../ Ex-officlo toBOal"~'of. '. 0 County commis$iDn!ir'~ '.< '. ~ ~ '.,~':"~,':': (r- ..',J , ~',,' By: Martha Verga Deputy Clerk ,"