Agenda 05/27/2008 Item #16B 2
Agenda Item No. 1662
May 27, 2008
Page 1 of 6
EXECUTIVE SUMMARY
Recommendation that the Board of County Commissioners direct staff to amend
Chapter 74 of the Collier County Code of Law and Ordinances, as amended, the same
being the Collier County Consolidated Impact Fee Ordinance and/or amend the
Alternative Study Guidelines contained in the Administrative Procedures Manual for
the Collier County consolidated impact fee ordinance.
OBJECTIVE: The Board of County Commissioners direct staff to amend Chapter 74 of the
Collier County Code of Laws and Ordinances, as amended, the same being the Collier
County Consolidated Impact Fee Ordinance, as amended and amend the Alternative Study
Guidelines.
CONSIDERATIONS: Collier County has used impact fees as a funding source for growth-
related transportation capital improvements since October 7, 1985. Over time, studies have
been conducted to update these fees to reflect the current level of service and up-to-date costs
to provide transportation related public facilities. The latest study was completed in 2007;
however, the new rates didn't take effect until January 2008. The impact fee ordinance
contains provisions for alternative impact fee studies. The intent of the alternative impact fee
study provision is to allow a remedy for applicants to reconcile impact fees to be consistent
with the site impacts of the project. On occasion there are businesses which do not generate
impacts that are consistent with the rate categories as outlined in our impact fee schedule.
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Since the increase in impact fees in January, there have been two formal applications and
three pending applications for alternative impact fee studies. The two formal applications are
expected as the categories are not typically reflected in the impact fee schedule. The three
pending applications are all typical categories as reflected in our ordinance, such as fast food
restaurants, banks and hotels.
Staff is concerned that alternative impact fee studies for existing typical categories could
have a significant repercussion to the impact fee program. Additionally, studies conducted
during off peak times and in an economic slowdown do not accurately reflect project
impacts. We have conferred with our impact fee consultant to review best practices and
procedures throughout the State of Florida and they have recommended that our ordinance is
modified to include the recommendation in the attached memorandum and appropriate fees
are set to offset the review and analysis of the studies.
GROWTH MANAGEMENT IMPACT: Impact fees are consistent with the Growth
Management Plan (GMP) and are designed to provide adequate funding for capital
improvements to transportation-related public facilities as indicated by the Capital
Improvement Element of the GMP.
FISCAL IMPACT: Failure to update best practices in the impact fee ordinance may result
in a decrease in collections and funding for infrastructure improvements.
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Agenda Item No. 1682
May 27,2008
Page 2 of 6
RECOMMENDATION: That the Board of County Commissioners direct staff to amend
Chapter 74 of the Collier County Code of Law and Ordinances, as amended, the same being
the Collier County Consolidated Impact Fee Ordinance and/or amend the Alternative Study
Guidelines contained in the Administrative Procedures Manual for the Collier County
consolidated impact fee ordinance consistent with the recommendations in the attached
memorandum by Tindale-Oliver and to include a requirement for a five year follow up
revIew.
Prepared by: Nick Casalanguida, Transportation Planning Director
Attachment: Tindale-Oliver & Associates, Inc., Memorandum
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Page I of2
Agenda Item No. 16B2
May 27,2008
Page 3 of 6
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
Item Summary:
1682
To receive approval from the Board of County Commissioners (BeG) to amend Chapter 74 of
the Collier County Code of Laws and Ordinances, Consolidated Impact Fee Ordinance with
respect to the way Alternative Impact Fee Studies are conducted.
Meeting Oate:
5/27/2008 90000 AM
Prepared By
Nick Casalanguida
MPO Director
Date
Transportation Services
. Transportation Planning
5/9/20084:46:21 PM
Approved By
Nick Casalanguida
MPO Director
Date
Transportation Services
Transportation Planning
5/9/2008 4 :43 PM
Approved By
Amy Patterson
Community Development &
Environmental Services
Impact Fee Manager
Date
Financial Admin. & Housing
5/12/200811:28 AM
(--
Approved By
-Norm E. Feder, Ale?
Transportation Division Administrator
Date
Transportation Services
Transportation Services Admin.
5/13/20083:52 PM
Approved By
Sharon Newman
Accounting Supervisor
Date
Transportation Services
Transportation Services Admin
5/14/20089:42 PM
Approved By
Jeff Klatzkow
Assistant County Attorney
Date
County Attorney
County Attorney Office
5/15/20085:06 PM
Approved By
Pat Lehnhard
Executive Secretary
Date
Transportation Services
Transportation Services Admin
5/16/20088:55 AM
Approved By
OMS Coordinator
OMS Coordinator
Date
County Manager's Office
Office of Management & Budget
5/16/20089:12 AM
Approved By
(--
I
Mark Isackson
Budget Analyst
Date
County Manager's Office
Office of Management & Budget
5/16/2008 12:33 PM
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Agenda Item No. 16B2
May 27, 2008
Page 4 of 6
Approved By
Leo E. Ochs, Jr.
Deputy County Manager
Date
Board of County
Commissioners
County Manager's Office
51171200811 :46 AM
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Agenda Item No. 1682
May 27, 2008
Page 5 of 6
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Tindale-Oliver & Associates, Inc.
Memo
To: Nick Casalanguida
From: Steve Tindale
Date: 5/8/08
Re: Collier County - Independent Study Approach
In reference to our discussion regarding the recent requests for independent studies, the
following paragraphs summarize our thoughts/suggestions.
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It is understandable that as the impact fees increase, for those few land uses with high impact
fees, there will be more requests for independent studies since the cost of a study becomes
relatively minor compared to the impact fee.
The Impact Fee Ordinance includes provisions on when and how independent studies could
be conduced and adopts the Impact Fee Administrative Manual that includes the specific
methodology and guidelines that need to be followed while conducting Independent studies.
TOA is in the process of updating the Administrative Manual. Given that the County is
experiencing an increase in requests to conduct independent studies since the latest
increase in impact fees, we recommend the following:
. The Administrative Manual should be amended to clarify that, to be accepted by the
County staff, the independent study results need to be statistically different from the
figures used to calculate the impact fee schedule. Given that trip characteristics
variables used to calculate impact fee demand component are averages for any
given land use, it is unreasonable to expect each independent study to replicate exact
figures included in the fee schedule.
. The Administrative Manual should specify which months are representative of
average traffic levels in Collier County and that the independent studies should be
completed during these months.
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. The Administrative Manual should clarify that if the studies indicate a higher impact
fee than what is included in the impact fee schedule, the developer will be required to
Tindale-Oliver & Associates, Inc.
May 8, 2008
Collier County
Independent Study Process
Agenda Item No. 1662
May 27, 2008
Page 6 of 6
pay the higher fee.
. As the number of requests for independent studies Increases, it may be beneficial for
the County to use services of the County's consultants retained through its General
Planning Contract to conduct these studies. This will result in a more consistent
approach and will reduce the increased work load for the County staff due to a higher
number of independent studies. The developers need to pay the County for the cost
of the study. This will also reduce the overall cost of the studies for the developers
since when they retain consultants directly: they also have to pay for the County's
consultant to review the studies.
We hope these recommendations are helpful. If you have any questions, please feel free to
contact me.
Tindale-Oliver & Associates, Inc.
May 8. 2008
2
Collier County
Independent Study Process