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Ordinance 2006-25 /"~-4~6789 / " '"J, '0 // ... 7; '" ~ 6. '0" yo /l~ JU~ ~ C ORDINANCE NO. 2006- 25 \ \ \lttNt\\ ~ AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS 0 ..9~$. ~'" COLLIER COUNTY, FLORIDA, AMENDING SCHEDULE TEN OF ?1>?eZ?;z\'1..0~ro' APPENDIX A OF CHAPTER 74 OF THE COLLIER COUNTY CODE OF LAWS AND ORDINANCES, THAT ORDINANCE BEING THE COLLIER COUNTY CONSOLIDATED IMPACT FEE ORDINANCE, NO. 2001-13, AS AMENDED, PROVIDING FOR THE INCORPORATION, BY REFERENCE, OF THE IMPACT FEE STUDY ENTITLED "COLLIER COUNTY LAW ENFORCEMENT IMPACT FEE STUDY COST AND "- -) CREDIT UPDATE"; AMENDING THE LAW ENFORCEMENT IMP AC;r FEE RATE SCHEDULE, AS SET FORTH IN THE REVISED IMPAi.c;T '. ,.,., FEE UPDATE STUDY; PROVIDING FOR CONFLICT AN,D "_ 1 i SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE ()F :) LAWS AND ORDINANCES; PROVIDING FOR ADELA YEp -'I EFFECTIVE DATE OF SEPTEMBER 1, 2006. ----. (: WHEREAS, on March 13, 2001, the Board of County Commissioner~:1tdopted r--'"; '_- \. Ordinance No. 2001-13, the Collier County Consolidated Impact Fee Ordinance, rep~~iing 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 June 14, 2005, the Board of County Commissioners adopted Ordinance No. 2005-28, amending the Collier County Consolidated Impact Fee Ordinance, thereby establishing the County's Law Enforcement Impact Fee rates; and WHEREAS, on November 29, 2005, the Board of County Commissioners adopted Ordinance No. 2005-66, amending the Collier County Consolidated Impact Fee Ordinance, thereby revising the Law Enforcement Impact Fee rates schedule in order to utilize a tiered residential impact fee rate schedule; and WHEREAS, Collier County has experienced rapid and dramatic increases in the cost of construction and property acquisition, well above the national average, since Ordinance No. 2005-28 was adopted; and WHEREAS, as Section 74-502 of the Code states that impact fee studies should be reviewed at least every three years, and based on the above average changes in land and construction costs, the County retained Tindale-Oliver and Associates, Incorporated (the "Consultant"), to review the existing Law Enforcement Impact Fee cost and credit components and recommend changes to the fees where appropriate; and WHEREAS, the Consultant has prepared an impact fee study, entitled "Collier County Law Enforcement Impact Fee Study Cost and Credit Update," dated May 5, 2006 (hereinafter 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 Law Enforcement Impact Fee rate schedule, as set forth in Schedule Ten 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 public facilities based upon a rational Underlined text is added; Slrll6k tflrsllgA text is deleted nexus relating costs incurred by fee payers to infrastructure impacts created by residential land uses; and WHEREAS, staff has thoroughly reviewed the cost and credit calculations and findings and concurs with the recommended changes to the Law Enforcement 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. *** (10) Law enforcement facilities: "Collier County Law Enforcement Impact Fee Study" dated September 15, 2005, prepared by Tindale-Oliver and Associates, Inc.. as supplemented by the "Collier County Law Enforcement Impact Fee Study Cost and Credit Update." dated May 5. 2006. prepared by Tindale-Oliver and Associates. Inc. 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 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 THREE. INCLUSION IN THE 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 FOUR. EFFECTIVE DATE. This Ordinance shall become effective September 1, 2006, subject to filing with the Florida Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida this ~ day Of~, 2006. ~,., " ATTEST Dwight E. Brock, Clerk ~~~k \,..fs;t;u t.o Chu 1nwa Qeputy Clerk . ~;r.~::\Or-t 00 1 " Appr ved s form and I a s fj 1 ienc : BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: _ <::::"> ~/ FRANK HALAS, Chalrm Page 2 of 4 _,'~:-'I~";:' {j ,~ ..4~"-> <',-',\ ~: ..'~",;;}:y (~~ ".,,1< .', '; :~~ 3~k'~'" ~ ,., , '" -; cl'~""'I.J"",.,',.r,;' r':~..." ", ,c :J '" ....' " .. ".' S~.~ '. :)~'j1~~~"~ ?~;".;. Underlined text is added; Strue]. tRFellgA text is deleted APPENDIX A SCHEDULE TEN: LAW ENFORCEMENT IMPACT FEE RATE SCHEDULE Land Use Residential: Single-Family: Less than 1,500 square feet 1,500 to 2,499 square feet 2,500 square feet or more Multi-Family Mobile Home Transient, Assisted, Group HotellMotel Nursing Home/ ALF Recreational Marina Golf Course Movie Theater with Matinee Institutions Hospital Elementary School Middle School High School Jr.lCommunity College University/College Church Day Care Center Office and Financial Office 50,000 sq 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 Retail Specialty Retail Retail 50,000 sq ft or less Rate $83.05 $93.31 $110.88 $285.48/dwelling unit $317.55/dwelling unit $346.42/dwelling unit $ 171.61/dwelling unit $237.36/dwelling unit $48.81 $82.20 $14.56 $1,801.66 $463.26 $170.10 $+rl+ ~ $10.28 $11.99 $27.40 $43.67 ~ $107.89 $92.48 $78.78 $66.79 $60.80 $135.30 $167.83 $271.45 Page 3 of4 Underlined text is added; 8lrllel, IflfBllgk text is deleted $91.42/Room $153.96/Bed $27.26/Berth $3.374.40/18 Holes $867.66/Screen $319.16/1,000 sq ft $ 14.43/Student $ 17.64/Student $19.25/Student $22.45/Student $51.32/Student $81.79/1,000 sq ft $8.02/Student $202.08/1 ,000 sq ft $173.21/1,000 sq ft $147.55/1,000 sq ft $125.10/1,000 sq ft $113.87/1,000 sq. ft $253.40/1,000 sq ft $314.34/1,000 sq ft $508.40/1,000 sq ft Land Use Retail (continued) Retail 50,001-100,000 sq ft Retail 100,001-150,000 sq ft Retail 150,001-200,000 sq ft Retail 200,001-400,000 sq ft Retail 400,001-600,000 sq ft Retail 600,001-1,000,000 sq ft Retail greater than 1,000,000 sq ft Pharmacy/Drug Store w/Drive- Thru Home Improvement Superstore Quality Restaurant High Turnover Restaurant Fast Food Rest. w/Drive- Thru Gas/Service Station Quick Lube Supermarket Convenience Store Convenience Store w/Gas Convenience Store/Gas/Fast Food .\uto Repair Tire Store New/Used Auto Sales Self Service Car Wash Bank/Savings: Walk-in Bank/Savings: Drive-in Industrial General Industrial Business Park Mini- Warehouse Rate $255.18 $477.93/1,000 sq ft $276.58 $518.03/1,000 sq ft $259.46 $485.95/1,000 sq ft $225.21 $421.80/1,000 sq ft $233.77 $437.84/1,000 sq ft $232.06 $434.63/1,000 sq ft $203.80 $381.70/1000 sq ft $197.&1 $370.48/1~000 sq ft $224.35 $420.20/1,000 sq ft $685.04 $1.283.04/1,000 sq ft $733.85 $1.374.46/1,000 sq ft $948.78 $1.777.0111,000 sq ft $209.79 $392.93/Fuel Position $94.19 $176.42/Bay $194.38 $364.06/1,000 sq ft $413.59 $774.64/1000 sq ft $599.41 $1. 122.66/Fuel Position $674.76/1,000 sq ft $337.38$/1,000 sq ft $139.58 $261.42/Bay $162.70 $304.72/1,000 sq ft $166.98 $312.74/Bay $188.39 $352.84/1 ,000 sq ft $153.28 $287.08/1,000 sq ft $53.09 $77.07 ~ $99.44/1,000 sq ft $144.34/1,000 sq ft $11.23/1000 sq ft Underlined text is added; Slrllel( tflfBllgR text is deleted Page 4 of4 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 2006-25 Which was adopted by the Board of County Commissioners on the 23rd day of May, 2006, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 24th day of May, 2006. DWIGHT E. BROCK Clerk of Courts and Clerk Ex-officio to Board of County Commissioners ~~k Teresa Dillal"d, Deputy Clerk ,