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Agenda 02/12/2008 Item #16C 2 Agenda Item No, 16C2 February 12, 2008 Page 1 of 5 EXECUTIVE SUMMARY To provide a recommendation as to how the potable water emergency water-nse restrictions surcharge ean be applied in a fair and equitable manner to developments sucll as the Crystal Lake RV Resort and other RV resorts and similar trailer parks that are classified as Commercial under the Land Development Code, Zoning Distriets and Uses. OBJECTIVE: To approve the Public Utilities Division recommendation on how the potable water surcharge can be applied in a fair and equitable manner to developments such as the Crystal Lake R V Resort and other R V resorts and similar trailer parks that are classified as Commercial under the Land Development Code, Zoning Districts and Uses. CONSIDERATIONS: The Collier County Public Utilities Division was directed by the Collier County Board of County Commissioners (Board) at their meeting of January 15,2008 to provide all of the issues and a recommendation on how the potable water surcharge can be applied in a fair and equitable manner to developments such as the Crystal Lake RV Resort and other RV resorts and similar trailer parks that are classified as Commercial under the Land Development Code, Zoning Districts and Uses. For the purpose of identifying the impacts and considerations of changing the zoning classification ofRV resorts and similar trailer parks, examination of the Crystal Lake RV Resort .- situation is covered in the following paragraphs. Lots rented or sold during the period January 1992 to November 1993 were charged residential-use water and sewer impact fees based on Ordinance 90-86 and 90-87. In a letter to the Collier County Water Department Director, dated November 16, 1993, Crystal Lake Joint Venture requested they be allowed to connect to the Collier County water system as soon as possible due to the failing of their well and main circulating pwnp. The County Attorney's office replied November 18, 1993, confirming that the County would provide master metered service if it was legally possible to do so, but that for an interim period would provide master metered service until the legal position was researched. In the Growth Management Plan, Future Land Use Element, the Crystal Lake RV Resort is within the Urban Land Use Designations as identified on the Future Land Use Map as required in Objective I, Policy 5.1 and Policy 5.3 Future Land Use Element Any amendment to the zoning cIassifieation for Crystal Lake RV Resort would require an amendment to the Future Land Use Map. The Collier County Land Development Code (LDC) 2.03.06.C3 - commercial planned unit development district is construed to include the travel trailer-recreational vehicle campground (TrRVC) district. To enable the Collier County Water-Sewer District (CCWSD) to assess part or all of Crystal Lake RV Resort as residential and not commercial (non-residential) the Crystal Lake RV Resort Ordinance 1984-73, would require an amendment for code lof4 Executive Summary Water Restriction Surcharge Page 2 Agenda Item No, 16C2 February 12, 2008 Page 2 of 5 2.03.06.C6 mixed use planned unit development district to be construed to include Travel Trailer Recreational Vehicle Campground (lTRVC), The CCWSD Uniform Billing, Operating and Regulatory Standards Ordinance, 2001-73, and subsequent Resolutions, determine how the CCWSD shall provide for the administration of district services. The Ordinance schedules water rates for the service availability charge for individually metered residential, non-residential (commercial) and irrigation and the volume charge for individually metered residential, non-residential (commercial) and multi-family residential. The water restriction surcharge Ordinance 2006-27 requires the CCWSD, during water restrictions, to apply surcharges to potable water volume charges for consumption greater than Block 2 for residential customers and greater than Block I for non-residential customers. Crystal Lake RV Resort is curreDtly surcharged as non-residential on cODSumption greater than Block 1, based upon its Commercial Planned Unit DevelopmeDt district zoning classifieatioD. As a result, since June 19, 2007, Crystal Lake has paid a total of S808.27 in surcharges, equivaleDt to aD estimated $0.24 per uDit per mODth. The Collier County Consolidated Impact Fee Ordinance 1990-86, superceded by Ordinance, 2001-13, defined customer classification as either residential or commercial. Therefore, based upon the LDC PUD classification, commercial planned unit development district, impact fees for Crystal Lake R V Resort were calculated as commercial, subsequent to the installation of the master water meter. If the LDC e1assificatioD is ameDded to eDable Crystal Lake RV Resort to be re-elassified in part or aU as resideDtial, a re-assessment of impact fee review will be required. OPtiODS The Crystal Lake PUD Ordinance 1984-73, makes clear that no permanent residency is allowed, however, from a review of the County Appraiser's Office records, seventy three of the units in Crystal Lake have obtained homestead exemption. Owners of permanently installed park trailers or recreational vehicles, who have Florida domicile, are permitted to apply for homestead status. Essential to any reclassification will be the requirement for each unit to be separately metered as the random distribution of those units that are regarded as permanently installed makes it impossible to provide two separately master metered distribution systems. Based on the above, the following changes are proposed: Option I: The Crystal Lake PUD Ordinance 1984-73, as amended by Ordinances 1990-01 and 2005-45, should be further amended through petition by the owner(s) to the Board, for there to be a zoning review to mixed use planned unit development district. The CCWSD would require the Crystal Lake RV Resort to install individual meters to each unit, so that permanently installed park trailers and recreational vehicles can be billed as residential. ------- Executive Summary Water Restriction Surcharge Page 3 Agenda Item No, 16C2 February 12, 2008 Page 3 of 5 Option 2: The LDC should be amended changing the zoning classification of RV resorts and similar trailer parks that are commercial planned nnit development districts, to mixed use planned unit development districts. Following the LDC amendment the Future Land Use Map would be amended accordingly, The LDC amendment would also require that the Uniform Billing, Operating and Regulatory Standards Ordinance, 2001-73, the Collier Cmmty Consolidated Impact Fee Ordinance, 2001-13, and the Collier County Water-Sewer District, Utilities Standards Manual be amended to require RV resorts and similar trailer parks with mixed use planned unit development classification to provide a master water meter for the residential classified units and a master water meter for the commercial classified units, or individual meters to each unit. Option 3: It would be most beneficial to all CCWSD customers to make no change to the current structure. The approval of a change to zoning classification in Option I for one individual development would not be seen to be fair and equitable to all customers of the CCWSD. A change of zoning classification in Option 2 that would require the owners of units in Crystal Lake RV Resort to install separate meters adds a significant cost to each of those owners. Undertaking LDC amendments and associated Future Land Use Maps; Billing, Impact Fee and Utilities Standards Ordinances; and all affected Ordinances associated with other affected Trailer Parks and Resorts as outlined in Option 3 would require additional costs by owners as well as extensive staff work. Staff recommends Option 3. FISCAL IMPACT: Analysis of the most recent monthly bills for the Crystal Lake RV Resort indicates that the surcharge for consumption greater than Block I has been $808.27 since June 19, 2007 (equivalent to an estimated $0.24 per unit per month). Option I: Water/Sewer impact fees charged to Crystal Lake RV Resort were based on the LDC commercial classification; therefore, the re-classification would require a re-assessment of impact fees under the residential classification. Executive Summary Water Restriction Surcharge Page 4 Agenda Item No, 16C2 February 12, 2008 Page 4 of 5 Option 2: Water/Sewer impact fees charged to RV resorts and similar trailer parks were based on the LDC commercial classification; therefore, any that become subject to re-classification would require a re-assessment of impact fees under the residential classification. Option 3: No fiscal impact incurred, Re-assessment of impact fees as indicated above ensures that the costs are shared by those who will benefit from the changes and not by the majority of CCWSD customers who are not affected. CCWSD operates as an enterprise fund that is funded with user fees and does not receive subsidies from general funds, Programs such as the South Florida Water Management District (SFWMD) water restrictions that reduce water sales, without replacing lost revenues, require utilities to adopt aggressive conservation programs. This is one of the reasons why the SFWMD has pursued the issue of water conserving rate structures so aggressively. This is especially true if additional revenues from the top tiers are used to fund meaningful conservation and replace lost revenues. It is why SFWMD also promote drought/emergency rates. GROWTH MANAGEMENT IMP ACf: This project is consistent with and furthers the goals, objectives, and policies of the Collier County Growth Management Plan. This project meets current Growth Management Plan standards to ensure the adequacy and availability of viable public facilities. Subsequent to changes under any of the above options, the Growth Management Plan, Future Land Use Element will be amended to maintain consistency. RECOMMENDATIONS: To approve Option 3. PREPARED BY: Peter Lund, Division Operations Analyst, Public Utilities Division. Page 1 of 1 Agenda Item No, 16C2 February 12, 2008 Page 5 of 5 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: Item Summary: 16C2 To provide a recommendation to the Collier County Board of County Commissioners on how the potable water surcharge can be applied in a fair and equitable manner to developments such as the Crystal Lake RV Resort and other RV resorts and similar trailer parks that are classified as Commercial under the Land Development Code, Zoning Districts and Uses. Meeting Date: 2/12/2008900:00 AM Prepared By Peter Lund Operations Analyst Date Public Utilities Public Utilities Operations 21112008 4:01:S3 PM Approved By Thomas Wides Operations Director Date Public Utilities Public Utilities Operations 211/20084:32 PM Approved By John A. Yonkosky Utility Billing Director Date Public Utilities uses 211/2008 4:S9 PM A pproved By Ray Bellows Community Development & Environmental Services Chief Planner Date Zoning & Land Development Review 2/112008 S:06 PM Approved By James W. Delony Public Utilities Administrator Date Public Utilities Public Utilities Administration 2/S12008 9:40 AM Approved By Randy Greenwald ManagementlBudget Analyst Date County Manager's Office Office of Management & Budget 21512008 3:44 PM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 2/S/2008 8:27 PM file:/ /C :\AgendaTest\Export\ 1 OO-F ebruary%20 12,%202008\ 16, %20CONSENT%20A G END ,u 2/6/2008