Ordinance 2009-71
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'~L8f.l.L9tS\,'\1\~AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS-OF
"-.:-----/ COLLIER COUNTY, FLORIDA, AMENDING CHAPTER 74 OF TIlE
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 TRIP CHARACTERISTICS STUDY
MINE LAND USE"; AMENDING THE ROAD IMP ACT FEE RATE
SCHEDULE, WHICH IS SCHEDULE ONE OF APPENDIX A, TO
PROVIDE FOR THE NEW MINE/COMMERCIAL EXCAVATION LAND
USE CATEGORY AND IMPACT FEE RATE; UPDATING THE
GENERAL DEFINITIONS SECTION; PROVIDING FOR
REQUIREMENTS FOR THE PAYMENT OF ROAD IMP ACT FEES
OVER A FIVE-YEAR PERIOD FOR MINES AND REQUIREMENTS FOR
OBTAINING A CERTIFICATE OF PUBLIC FACILITIES ADEQUACY;
PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR
INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND
PROVIDING FOR A DELAYED EFFECTIVE DATE OF MARCH 16,
2010.
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WHEREAS, Collier County (the "County') has used impact fees as a funding source for
growth-related capital improvements for transportation since 1985; 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 10, 2009, the Board adopted Ordinance No. 2009-09, thereby
amending Schedule One of Appendix A of Chapter 74 of the Code, thereby establishing the rates
that are currently in effect; and
WHEREAS, the current rate schedule for Road Impact Fees does not include a "Mine"
land use category or impact fee rate; and
WHEREAS, the County's Impact Fee Consultant, Tindale-Oliver and Associates, Inc.
has prepared an impact fee trip characteristics study entitled "Collier County Trip Characteristics
Study Mine Land Use" dated September 3,2009; and
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WHEREAS, the Study recommends a "Mine" land use category and impact fee rate to
be added to the Road Impact Fee rate schedule, which is Schedule One of Appendix "A" of
Chapter 74 of the Collier County Code of Laws and Ordinances; and
WHEREAS, on June 23, 2009, the Board of County Commissioners directed that the
necessary amendments be prepared to provide for the incorporation of a new Road Impact Fee
land use category and impact fee rate for mines, for future consideration by the Board of County
Commissioners as an advertised public hearing; and
WHEREAS, the Consultant has prepared the fee calculation methodology 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 change to the Road Impact Fee rate schedule, and recommends that the Board
of County Commissioners adopt this Ordinance to implement the recommended change.
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.
***
(1) Transportation facilities: "Collier County Transportation Impact Fee Update Study,"
prepared by Tindale-Oliver and Associates, Incorporated (February 19, 2009) and Collier County
Trip Characteristics Study - Mine Land Use (September 3.2009)
***
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Page 2 of8
SECTION TWO. Article I, General, Section 74-108, General definitions, of the Collier County
Code of Laws and Ordinances is hereby amended to read as follows:
Section 74-108.
General definitions.
When used in this chapter, the following terms shall have the following meanings, unless
the context clearly indicates otherwise. Terms contained in article III or the rate schedules
supercede these general definitions to the extent of any conflict(s).
***
Middle school shall mean a school serving student who have completed elementary
school and have not yet entered high school.
Mine/Commercial Excavation shall mean a pit or excavation in the earth from which
mineral substances. dirt. lime rock coal. precious stones. geological materials. or other
non-renewable resources are removed.
Mini-warehouse shall mean buildings in which a number of storage units or vaults are
rented for the storage of goods. Each unit is physically separated from other units, and
access is usually provided through an overhead door or other common access point.
***
SECTION THREE. Article III, Special Requirements for Specific Types of Impact Fees,
Section 74-302, Special requirements for road impact fees, of the Collier County Code of Laws
and Ordinances is hereby amended to read as follows:
Section 74-302.
Special requirements for road impact fee.
***
en Payment of road impact fees related to mines/commercial excavation.
(1) The payment of impact fees related to mines/commercial excavation may be paid
annually over a five-year period with the first payment due upon issuance of the excavation
permit for the subiect site.
(2) The first pavment shall be calculated based on the volume of material to be
excavated. as indicated on the excavation permit or site plan. times the adopted road impact fee
rate for mines/commercial excavation in effect at the time of the application for the
Conditional Use that was granted by the Board of County Commissioners. divided by five.
Materials utilized for on-site purposes shall not be included in the calculation as they are not
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Page 3 of8
subiect to the impact fee assessment. The remaining four payments shall be due annually within
5 business days of the anniversary of the first payment date.
(3) Concurrent with the first payment. a temporary five-year certificate of public facility
adequacy (COA) will be issued for the proposed excavation site. Upon payment of the full
amount of impact fees calculated for the excavation permit the certificate will be issued in
perpetuity.
(4) Failure to submit payment in accordance with the provisions of this subsection will
result in the matter being referred to the Board of County Commissioners for review. Absent the
Board finding exceptional circumstances. the temporary certificate of public facility adequacy
(COA) shall be revoked. Revocation of the temporary certificate of public facility adequacy
shall also result in revocation of the excavation permit or site plan approval for the subiect site.
(5) At any time prior to the final payment and issuance of the certificate of public facility
adequacy (COA) in perpetuity. the applicant may provide documentation demonstrating that the
actual volume of material to be transported from the site is less than the permitted amount. The
documentation shall include signed and sealed volumetric drawings and back-up information that
iustifies the reduction to the sole satisfaction of the County. Upon approval by the county
manager. the excavation permit or site plan will be modified by the applicant in accordance with
the revised volume of material to be transported on the public roadway network. The impact fee
calculation for the remaining payments will also be revised to reflect the revised volume of
material to be transported from the site.
SECTION FOUR. Schedule One, Road 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 FIVE. 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
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Page 4 of 8
separate, distinct, and independent provision and such holding shall not affect the validity of the
remaining portions.
SECTION SIX. 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 SEVEN. EFFECTIVE DATE.
The effective date of this Ordinance shall be delayed to March 16,2010. This Ordinance
shall not apply to, affect or limit the continuation of existing uses. Existing uses shall include
mines which have been approved by the County, and mines for which a completed Conditional
Use or Excavation Permit application has been submitted, prior to the effective date of this
Ordinance.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida this ~ day o~2009,
ATTE.S'T',,~,0.. 'J' eo_:,r"o '
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BOARD OF COUNTY COMM~SIONERS
OF COLLIER ~~TY, FLO}{I~,A--"
By: f/
DONNl FIALA, Chairman
This o~ filed with the
$<<t'IIIa'Y of Stateis Office the
~ day.of ~ .1PfJ
and~'edgement 0 that
flU~ received this day
o
By
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Impact Fee Land Use Category
APPENDIX A - SCHEDULE ONE
ROAD IMWACTFEE RATE SCHEDULE
Effective March 162010
Rate
Residential
Assisted Living Facility (ALF)
Condorrownhouse (1-2 Stories)
High-Rise Condominium (3+ Stories)
Mobile Home
Multi-Family (Apartments) 1-10 Stories
Multi-Family (Apartments) > 1 0 Stories
Retirement Community
Single Family Detached House
Less than 1,500 sq, ft,
1,500 to 2,499 sq. ft.
'2,500 sq. ft, or larger
Non-Residential
Auto Sales - Luxury
Auto Sales - New/Used
Bank/Savings: Drive-In
Bank/Savings: Walk-In
Business Park
Car Wash - Automatic
Car Wash - Self-Service
Church
$1,347.00
$7,725.00
$5,526.00
$4,314.00
$7,464.00
$4,784.00
$3,754.00
$7,652,00
$10,372,00
$11,559.00
$14,996,00
$27,131.00
$40,158,00
$39,429.00
$14,021.00
$39,066.00
$36,367.00
$8,619.00
Per Dwelling Unit
Per Dwelling Unit
Per Dwelling Unit
Per Dwelling Unit
Per Dwelling Unit
Per Dwelling Unit
Per Dwelling Unit
Per Dwelling Unit
Per Dwelling Unit
Per Dwelling Unit
Per 1,000 sq, ft.
Per 1,000 sq. ft.
Per 1,000 sq, ft,
Per 1,000 sq. ft,
Per 1,000 sq, ft.
Per 1,000 sq. ft.
Per Service Bay
Per 1,000 sq. ft,
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Impact Fee Land Use Category
Rate
College/University (Private)
<7,501 Students
>7,500 Students
Convenience Store (24 hours)
Convenience Store w/Gas Pumps
Dance Studios/Gymnastics
Day Care
Furniture Store
Gasoline/Service Station
General Light Industrial
Golf Course
Home Improvement Store
Hospital
Hotel
Hotel - All Suites
$2,374.00 Per Student
$1,766,00 Per Student
$97,636.00 Per 1,000 sq, ft.
$37,652.00 Per Fuel Position
$11,339.00 Per 1,000 sq. ft.
$1,445,00 Per Student
$3,545,00 Per 1,000 sq. ft,
$8,221.00 Per Fuel Position
$7,732,00 Per 1,000 sq, ft,
$749,894.00 Per 18 Holes
$9,901.00 Per 1,000 sq. ft.
$18,034,00 Per 1,000 sq, ft,
$6,578,00 Per Room
$3,891.00 Per Room
$3,517,00 Per Berth (Dry/Wet)
$14.18 Per 1.000 cubic vards
$1,436.00 Per 1,000 sq. ft.
$4,222,00 Per Room
$46,217,00 Per Screen
$1,261.00 Per Bed
$16,763.00 Per 1,000 sq. ft.
$14,257.00 Per 1,000 sq, ft.
$12,115.00 Per 1,000 sq, ft.
$10,296.00 Per 1,000 sq, ft.
$9,348.00 Per 1,000 sq, ft.
$40,517.00 Per 1,000 sq, ft,
$13,958,00 Per 1,000 sq, ft.
$14,522.00 Per Servuce Bay
$137,444.00 Per 1,000 sq, ft,
$2,440,00 Per Seat
Marina
Mine/Commercial Excavation
Mini-Warehouse
Motel
Movie Theater
Nursing Home
Office 50,000 sq, ft. or less
Office 50,001-100,000 sq, ft.
Office 100,001-200,000 sq, ft.
Office 200,001-400,000 sq, ft.
Office Greater than 400,000 sq. ft,
Office - Medical
PharmacylDrug Store
Quick Lube
Restaurant - Drive-In
Restaurant - High Turnover
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Impact Fee Land Use Category Rate
Restaurant - Quality $1,553.00 Per Seat
Retail 50,000 Sq, Ft. or Less $19,823.00 Per 1,000 sq. ft,
Retail 50,001-100,000 Sq, Ft. $20,041.00 Per 1,000 sq. ft.
Retail 100,001-150,000 Sq, Ft. $18,661.00 Per 1,000 sq, ft,
Retail 150,001-200,000 Sq. Ft. $17,883,00 Per 1,000 sq, ft,
RetaiI200,001-400,000 Sq, Ft. $16,893,00 Per 1,000 sq. ft.
Retail 400,001-600,000 Sq, Ft. $16,847,00 Per 1,000 sq, ft.
Retail 600,001-1,000,000 Sq. Ft. $18,255,00 Per 1,000 sq. ft.
Retail >1,000,000 Sq, Ft. $19,187.00 Per 1,000 sq. ft.
Retail - Specialty $26,877,00 Per 1,000 sq. ft,
R V Park $2,299,00 Per Site
School- Elementary (Private) $1,005.00 Per Student
School - Middle (Private) $1,439.00 Per Student
School - High School (private) $1,526.00 Per Student
Supermarket $26,570.00 Per 1,000 sq. ft.
Tire Store $10,930.00 Per Service Bay
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Page 8 aU
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 2009-71
Which was adopted by the Board of County Commissioners
on the 15th day of December, 2009, during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 17th
day of December, 2009.
DWIGHT E. BROCK ,if:
Clerk of courts~~~R~r~'I;'~)
Ex-officio to B!<i~Jd"CJ,l:111J'
County Commis&tO~i!"f:l. "', t,
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By: Martha
Deputy