Ordinance 2010-41
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\, (~1 ORDINANCE NO. 2010- 41 ~{\':~;;> '4
~ORDINANCE OF THE BOARD OF COUNTY COMMISSIONER~("~'~>~'O/
(,;,;7t!::0~ COLLIER COUNTY, FLORIDA, AMENDING CHAPTER 74 OF %J;(-
- THE COLLIER COUNTY CODE OF LAWS AND ORDINANCES :.;r
(THE COLLIER COUNTY CONSOLIDATED IMPACT FEE
ORDINANCE) BY INCORPORATING BY REFERENCE THE
"COLLIER COUNTY EMERGENCY MEDICAL SERVICES IMPACT
FEE STUDY UPDATE" AND THE "COLLIER COUNTY 2010
FIRE/RESCUE SERVICES IMPACT FEE UPDATE STUDY -
OCHOPEE AND ISLES OF CAPRI FIRE CONTROL AND RESCUE
DISTRICTS;" AMENDING THE FIRE IMPACT FEE RATE
SCHEDULE, WHICH IS SCHEDULE FIVE OF APPENDIX A, IN
ACCORDANCE WITH THE FINDINGS OF THE UPDATE STUDY;
AMENDING THE EMERGENCY MEDICAL SERVICES IMPACT
FEE RATE SCHEDULE, WHICH IS SCHEDULE SEVEN OF
APPENDIX A, AS SET FORTH IN UPDATE STUDY, WHICH
PROVIDES FOR A REDUCTION IN RATES; PROVIDING FOR
CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION
IN THE COLLIER COUNTY CODE OF LAWS AND ORDINANCES;
AND PROVIDING FOR A DELAYED EFFECTIVE DATE OF '''-'
NOVEMBER 1, 2010, FOR THE AMENDED EMERGENCY MEDICA~ :
SERVICES IMPACT FEE RATES AND A DELAYED EFFECTIvE ?5
DATE OF JANUARY 24, 2011, FOR THE AMENDED FIRE IMPAcT .r.;
FEE RATES, IN ACCORDANCE WITH THE 90-DA Y NOTICE Ul'
REQUIREMENTS OF SECTION 163.31801, FLORIDA STATUTES, ,'"
WHICH IS THE FLORIDA IMPACT FEE ACT.
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WHEREAS, Collier County uses impact fees to supplement the t~nding of ~ces@ry
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capital improvements required to provide public facilities to serve new population and reGrted
development that is necessitated by growth in Collier County; and
WHEREAS, Collier County has used impact fees as a funding source for growth-related
capital improvements for various facilities since 1978; and
WHEREAS, on Mareh 13, 2001, the Board of County Commissioners 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 (Code); and
WHERAS, on February 28, 2006. the Board of County Commissioners adopted
Ordinance No. 2006-09 and Ordinance No. 2006-10, providing for the adoption of the 2006
Und~!iilH:d text is uddcd; Slfl.i~k.-thfouglt text is deleted
Emergency Medical Services Impact Fee Update Study and the 2006 Fire/Rescue Services
Impact Fee Update Study; and
WHEREAS. on April 28. 2009, the Board of County Commissioners adopted Ordinanee
No. 2009-17, amending the Code by implementing a revised indexing methodology and thereby
establishing the current Emergency Medical Services Impact Fee rates and Fire Impact rates
(Dependent Districts); and
WHEREAS, Section 74-502 of the Code provides that impact fee studies should be
reviewed at least every three years; and
WHEREAS, Collier County retained Tindale-Oliver & Associates. Inc.. to complete the
update studies; and
WHEREAS, Tindale-Oliver and Associates. Inc., has prepared two impact fee studies
entitled the "Collier County Emergency Medical Services Impact Fee Study Update." dated
September 30, 2010, and the "Collier County 2010 Fire/Rescue Services Impact Fee Update
Study - Ochopee and Isles of Capri Fire Control and Rescue Districts," dated September 30,
2010; and
WHEREAS, the "Collier County Emergency Medical Services Impact Fee Update
Study" recommends changes to the Emergency Medical Services Impact Fee rate schedule, that
provide for rate reductions in all land use categories; and
WHEREAS, the average percentage of decrease for residential land uses is 25% and the
average percentage of decrease for commercial land uses is 32%; and
WHEREAS, the "Collier County 2010 Fire/Rescue Services Impact Fee Update Study-
Ochopee and Isles of Capri Fire Control and Rescue Districts" recommends changes to the Fire
Impact Fee rate schedule, that provide for rate reductions in both the "Residential" and Non-
Residential" land use catcgories for the Isles of Capri Fire Control and Rescue District and a rate
reduction for the "Rcsidcntial" land use category and a ratc increase for the "Non-Rcsidential"
land use category for the Ochopee Fire Control and Rescue District; and
WHEREAS, the incrcasc in the impact fee rates related to the "Non-Residential" land
use categories tor Ochopce Fire Control and Rcscue District is primarily relatcd to the change in
the distribution of calls between residcntial and non-residential land uses since the last study, due
to improvements to the data collection process; and
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Page 21)f8
WHEREAS, the proposed changes to the Fire Impact Fee rates and the Emergency
Medical Services Impact Fee rates equitably distribute the costs of acquiring public facilities
based upon a rational nexus relating costs incurrcd by fee payers to infrastructure impacts created
by residential and non-residential land uses; and
WHEREAS, staff has thoroughly reviewed the calculations and tindings and concurs
with the results of the calculations and the study; and
WHEREAS, staff recommends that the Board of County Commissioners adopts this
Ordinance to implement the recommended changes; and
WHEREAS, Section 163.31801, Florida Statutes, which is the Florida Impact Fee Act,
requires that the most reccnt and localized data be used in impact fee calculations and these
studies comply with that requirement. Additionally, a minimum 90-day notice shall be provided
before implementing an impact fee increase.
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.
The board hereby adopts and incorporates by reference the following studies with regard
to the respcctive public facilities:
***
(5) Emergency medical services: "Collier County Emergency Medical Services Impact
Fee Study Update," preparcd by Tindale-Oliver and Associatcs, Inc. (January 6. 2006
September 30,2010);
***
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Page 301'8
(8) Fire facilities: "Collier County ~ 2010 Fire/Rescue Services Impact Fee Update
Study - Ochopee and Isles of Capri Fire Control and Rescue Districts," prepared by
Tindale-Oliver and Associates, Inc. (Jamwry 23,2006 September 30,2010);
***
SECTION TWO. Appendix A of Chaptcr 74 of thc 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 event this Ordinance cont1icts with any other Ordinance of Collier County or other
applicable law, the more restrictive shall apply. Ifany phrase or portion of this Ordinance is held
invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a
scparate, distinct. and independent provision and such holding shall not affect the validity of the
remaining portions.
SECTION FOUR. INCLUSION IN THE CODE OF LAWS AND ORDINANCES.
The provisions of this Ordinance shall bc 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 amcnded throughout to accomplish such, and the word
"ordinance" may be changed to "section," "article," or any other appropriate word.
SECTION FIVE. EFFECTIVE DATE.
This Ordinancc shall be considered adopted upon thc date writtcn below and subject to
filing with the Florida Department of State; however, for administrative purposes the effective
datc of the Emcrgency Medical Services Impact Fee Rate Schedule shall be delayed to
November 1,2010, and the effective datc of thc Firc Impact Fee Rate Schedule shall be dclayed
to January 24, 20 II, in accordance with the notice rcquirements of Section 163.3180 I, Florida
Statutcs, which is the Florida Impact Fee Act.
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Page 4 nf8
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County,Florida,thisdicf\. day of OCfVbey'-' ,2010.
ATTEST
Dwight E. BtQck, Clerk
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BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
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By' tY t 1 ,l (,\. (y.~ "'.
. FRED W. COYLE, CHAr' AN
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Jeffre A. f ow
Count At!
This ordinonce filed with the
Secrfory of Sto@Office the /I
J~doyof f\ ',~(..J
ond ccknowledgemen~ot
fi ling ec ived this oy
of . , ,.JtuO~
By
DeINty Clerk
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Page 5 llf8
APPENDIX A - SCHEDULE FIVE
FIRE IMP ACT FEE RATE SCHEDULE
Effective July 27, 21109 Januarv 24, 2011
Impact Fee Land Use Category
Isles of Capri
Residential (4,000 sq. ft. max. per unit)
Non-residential
Ochopee
Residential (4,000 sq, ft. max. per unit)
Non-residential
Rate
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$0.90
$0.60
$0.68
Underlined text is added: SImek through lext is deleted
Page 6 of8
Per sq. ft. under roof
Per sq. ft. under roof
Per sq. ft. under roof
Per sq. ft. under roof
APPENDIX A - SCHEDULE SEVEN
EMERGENCY MEDICAL SERVICES (EMS) IMPACT FEE RATE SCHEDULE
Effeetive .Iul)' 27, 2009 November I. 2010
Impact Fee Land Use Category
Rate
Residential
Less than 1,500 sq. ft.
1,500 to 2.499 sq, tl
2,500 sq. ft. or larger
~{le
W9+I
Sf4hM
$88.43
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Per Dwelling Unit
Per Dwelling Unit
Per Dwelling Unit
Assisted Livjn~ Facilitv
lli2.l1
Per Dwelline Unit
Non-Residential
.'\ll.lfl RepaIr
Auto Sales - Luxurv
Auto Sales - New/Used
Bank/Savings: Drive-In
Bank/Savings: Walk-In
Business Park
Car Wash - Self-Service
raT Wash - Automated
Church
Gollt!ge Jlmior'(\HflffiliFlit)
Gollege UFli',ersit)
COllc2c/Universilv (Private)
7 500 students or less
More th.m 7 5Q!) students
Convenience Store (24 hours)
Convenience Store w/Gus Pumps
Furniture Store
Day Care
Gasoline/Service Station
General Light Industrial
Golf Coursc
lIom~ Improvement Store
Ilospital
Hotd/Motel
Marina
~ Per-+,llOO-~
$75.5Q fer 1,000 sa. Ii
SMHJ lllUl Per 1,000 sq n.
~~ $15509 Per 1,000 sq. n.
:R~ $174,81 Pcr 1,000 sq. II.
- $Q? 34 Per 1,000 sq. II.
Hfll+> $41.49 Per Service Bay
$109.51 Per I 000 sa, ft.
sg-+& $38,77 Per 1,000 sq. Ii
$.5,6+ Per StmleAt
~ p",,,,-
$6.80 Per Student
$4.76 P~r Student
$4(01)8 $)72.07 Per 1,000 sq Ii.
~ $295.89 Per Fuel Position
$lQ}l Per 1,000 sq. 1\..
$;'6+ $3.40 Per Student
,w;{,,<l.2 ,113468 Per Fuel Position
S1.s.++ $,)691 Per 1,000 sq. n.
~5JI..4& ll32231 Per]8 Holes
$14+.% lLWlli Per 1,000 sq. ft.
H>><w $JJ1I43 Per ],000 sq n.
~ 15033 Per Room
H,<l.,1!8 $12,92 Per Berth
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P~ge 7 ofS
Impact Fee Land Use Category Rate
Mini~Warehousc ~ $4,76 Per 1,000 sq. 0
Motel ~ $46.93 Pcr Room
Movie Theater S&-I+4e $406,76 Per Screen
Nursing Home $9M& $4897 Pcr Bed
Oflice 50,000 sq. ft. or less $>>7c5& $96,59 Per 1,000 sq. t\,
Office 50.001-100,000 sq, It WH~ $8230 Per 1,000 sq. 0.
Office 100.001-200,000 sq, t\ $+{&&O $70.06 Pcr 1,000 sq. tt.
Office 200.001-400,000 sq, It $&&,1>9 $59,86 Per 1,000 sq. n.
OITice Greater than 400,000 sq 0 ~ $5442 Per 1,000 sq. t\,
Office - Medical ~ $116.99 Per 1,000 sq. [t.
Pharmacy/Drug Storc WHQ $13128 Pcr 1,000 sq. It.
Quick Lube .Wl94+ ill 90 Pcr Service Bay
Restaurant - Fast Food w/[)rive~ln ~ $61286 Per 1,000 sq. 11.
Rcstaurant - High Turnover ~ i!..UZ Pcr~!;eat
Restaurant ~ Quality .~ $14.96 Per MOO ,'~, It. ~!!l
Retail 50,000 sq. It. or less mo.&+ $166.65 Per 1,000 sq. n
Retail 50.001-100.000 sq, II $W-+; $167.33 Pcr 1,000 sq II
RetailIOO,OO]-ISO,OOO sq. ft $;l;1{j.,.&l) $15305 Per 1,OOOsq. 0
RetmI150.001-200.000 sq, 0 $~6&M un 06 Pcr J ,000 sq. ft.
Retail 200.001-400.000 sq, II $~ $159.17 Pcr 1,000 sq. II
RetmI400,001-600.000 sq, 0, $;l4M1 $165,97 Per ],000 sq. ft.
Retail 600,001- J ,000,000 sq, II $MOM $164,61 Per 1,000 sq. n.
Retail > I ,000,000 sq. ft $J-9'7c2<l $142,16 Per 1,000 sq. II
Retail - Specialty $l4+.M $114,95 Per 1,000 sq. 0
R V Park $36,73 Per Site
School - Elementary (Private) ~ H08 Per Student
School- Middle (Private) .~ $476 Per Studcnt
School- High School (Private) $B4 $,\44 Pcr Student
Supermarket .$J.9-eM 1.11944 Pcr 1,000 sq II
Tire Store $I4H.9 ~9.lJ2 Pcr Servicc Bay
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Page 80f8
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 2010-41
Which was adopted by the Board of County Commissioners
on the 26th day of October, 2010, 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, 2010.
DWIGHT E. BROCK
Clerk of Courts and Clerk
Ex-officio to Board of
County Commissioners
~Jj6J1P.'fc
By: TeresaJoola~K{;'\ ". ~
Deput:y: Clerk