Ordinance 2011-19
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ORDINANCE NO. 2011- 19
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, AMENDING CHAPTER 74 OF THE
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 TRIP GENERATION
RATE ANALYSIS, ENTITLED "TRANSPORTATION IMPACT FEE
CALCULATIONS FOR SELECT LAND USES - MARCH 23, 2011,"
CONDUCTED RELATED TO THE CHURCH, CONVENIENCE STORE
WITH GAS PUMPS, MANUFACTURING, SMALL MEDICAL OFFICE
AND WAREHOUSE LAND USES; AMENDING THE ROAD IMPACT
FEE RATE SCHEDULE, WHICH IS SCHEDULE ONE OF APPENDIX A,
TO PROVIDE FOR THE NEW MANUFACTURING, SMALL MEDICAL
OFFICE AND WAREHOUS.~ LAND USE CATEGORY AND IMPACT
FEE RATE AND AMENDING THE CONVENIENCE STORE WITH GAS
PUMPS RATE TO PROVIDE FOR TIERED RATES AND THE CHURCH
RATE TO PROVIDE FOR A PER SEAT CALCULATION, IN ORDER
TO MORE EQUITABLY ACCOUNT FOR DEMAND CREATED;
UPDATING THE GENERAL DEFINITIONS SECTION; UPDATING
PROVISIONS RELATED TO USE OF IMPACT FEE CREDITS;
PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR
INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND
PROVIDING FOR A DELAYED EFFECTIVE DATE OF SEPTEMBER I,
2011, IN ACCORDANCE WITH THE 90-DA Y NOTICE REQUIREMENTS
OF SECTION 163.31801, FLORIDA STATUTES, WHICH IS THE
FLORIDA IMPACT FEE ACT.
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 lmpactl'ee 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, codilied in Chapter 74 of the Collier
County Code of Laws and Ordinances (the "Code"); and
WHEREAS, on February 22, 2011, the Board adopted Ordinance No. 2011-05, thereby
amending Schedule One of Appendix A of Chapter 74 of the Code and establishing the Road
Impact Fee rates that are wrrently in effect; and
WHEREAS, on February 26, 2008, the Board. based on the recommendation of the
Productivity Committee, directed that additional rate categories. particularly for small
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businesses, be developed, when appropriate, to address land uses that are not currently
contemplated on the impact fee schedules; and
WHEREAS, on May 25, 2010, the Board, in accordance with recommendations from the
building industry, the Productivity Committee, the Development Services Advisory Committee
and the Economic Development Council of Collier County. further directed that the County
Manager, or his designee, explore additional or alternative impact fee rates for specialty medical
offices, small medical offices and/or other medical uses with lesser impacts than a traditional
medical oHice; and
WHEREAS, the current rate sehedule for Road Impact Fees does not include a
"Manufacturing," "Small Medical Otlice" or "Warehouse" land use category or impact fee rate;
and
WHEREAS, staff has received numerous inquiries related to potential projects that
would be appropriately classilied under these land use categories; and
WHEREAS, based on data available and reviews conducted, statI and Tindale-Oliver
and Associates recommend that changes to the "Church" and "Convenience Store with Gas
Pumps" rates be incorporated to more equitably account for demand created; and
WHEREAS, the "Church" rate will be measured by number of seats rather than square
footage and the "Convenience Store with Gas Pumps" will now incorporate a tiered system
rather than a flat rate per fueling position; and
WHEREAS. Tindale-Oliver and Associates, Inc., has prepared trip generation rate
analysis for theses land uses in order to develop. or modity, the impact fee rates, and
WHEREAS, this analysis, is being incorporated by reference as "Transportation Impact
Fee Calculations for Sclect Land Uses ~ March 23, 2011;" and
WHEREAS. the Consultant has preparcd the fee calculation methodology that will be
imposed in an equitable and non-discriminatory manner; and
WHEREAS. the proposed changes were developed consistent with the adopted impact
fee methodology; 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 analysis
complies with that requirement; and
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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 tindings, concurs with
the recommended changes to the Road Impact Fee rate schedule, and rccommends that the Board
of County Commissioners adopts this Ordinance to implement the recommended changes; and
WHEREAS, staff has identilied provision within Section 74-205 related to the use and
assignment of impact fee credits related to developer contribution agreements that should be
updated in order for developers to effectively utilize their impact fee credits.
WHEREAS, this amended language is consistent with other types of developer
agreements used to administer impact fee credits.
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.
***
(I) Transportation facilities: "Collier County Transportation Impact Fee Update Study,"
prepared by Tindale-Oliver and Associates, Incorporated (February 19,20(9) and Collier County
Trip Characteristics Study - Mine Land Use (Scptember 3, 2009) as amended by the "Collier
County Transportation Impact Fee Cost and Credit Update Study" (September 8, 2010) and the
"Transportation Impact Fee Calculations for Select Land Uses" (March 23, 2011 );
***
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 ehapter, 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 wnflicl(s).
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...
!vfanufacturinl! shall mean facilities where the primarv activitv is the conversion of raw
materials or parts into linished products.
...
Small medical office shall mean medical oflices with 10.000 square feet or less that are
occupied bv medical doclors.
...
Warehouse shall mean facilities that are primarilv devoted to the storage of materials.
They mav also include oflice and maintenance areas. Retail use may not exceed 20
percenl of the building or facilitv.
SECTION THREE. Article II, Impact Fees, Section 74-205, Developer contribution credit, of
the Collier County Code of Laws and Ordinances is hereby amended to read as follows:
...
(n) Impact fee credits shall not be assigned or otherwise transferred from one development
10 another development except by written agreement executed by the county, and then,
shall only be transferable from one development to another development owned by the
same developer within the same or adiacent impact fee district for the same type of
public facility impact fee. This assignment or transfer mav be to commercial and/or
residential developments. No such assignment or transfer of inlpact fee credits shall Be
allo'",'ed until tHe original development has seen compleled. lmpacl fee credits will be
accomplished only through the operation of a credit agreement. Should an assignment
of credil be approved by the county through execution of such an agreement, the
assignee shall lake the agreement as is and shall be bound by all of the terms and
conditions of the agreemenl as originally executed by the assignor and other parties. No
assignee (or lransteree) of any SUch agreement shall have the right to any review
procedure under this chapler except 10 the extent expressly granted in the agrecment.
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The provisions of this paragraph shall apply to subsequent purchasers or successors in
ti tie to the owner.
.**
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 contlicts 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 eompetent 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 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 Counly, 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.
This Ordinance shall be considered adopted on the date written below. However, the
effective date of the Road Impact Fee Schedule shall be delayed to September I, 2011, in
accordanee with the 90-day notice requirements of Section 163.31801, Florida Statutes, which is
the Florida Impact Fee Act.
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PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida on this the ~ytlt day Of~, 2011.
ATTEST
Dwight E. Brock, Clerk
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Approved as 10 form
a d Ie I fticiency:
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY. FLORIDA
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By:
FRED W. COYLE. CHAI N
This ordinance f!.:d \..ah tb-,
Secretary of Stote's Olfi<~" tho
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Impact Fee Land Lse Category
Residential
Assisted Living Facility (ALF)
Condo/Townhouse (1-2 Stories)
High.Rise Condominium (3+ Stories)
Mobile Home
Multi.Family (Apartments) I. JO Stories
Multi-Family (Apartments) >10 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 targer
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
APPENDIX A ,SCHEDl'LE ONE
ROAD IMP ACT FEE RATE SCHEDlILE
Phal!Jt II-Effective Merek SeDtembcrl,2011
Rate
$906.00
$4,53700
$3.292.00
$2,553.00
$4,599.00
$2,92300
$2,266.00
Per Dwelling Unit
Per Dwelling Unit
Per Dwelling Unit
Per Dwelling Unit
Per Dwelling Unit
Per Dwelling Unit
Per Dwelling Unit
$4,510.00
$6.133.00
$6.934.00
Per Dwelling Unit
Per Dwelling Unit
Per Dwellmg Unit
$8,874.00 Per 1,000 sq ft.
$14,451.00 Per 1,000 sq. ft.
$23,40500 Per 1,000 sq. ft.
$22.984.00 Per 1,000 sq. ft.
$8,317.00 Per 1,000 sq. ft.
$22,663.00 Per 1,000 sq ft.
$21,026.00 Per Service Bay
$.,92299 1lliM Perl,{)ggsEl.ft.~
Underlined text is added; EIRleh IkrB\:Ig~ text is deleted
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Impact Fee Land Use Categor)'
College/University (Private)
<7,501 Students
>7.500 Students
Convenience Store (24 hours)
Convenience Store w/Gas Pumps
4 or less Fuel Posi[ions
5 - 6 Fuel PosItions
7 - 8 Fuel Positions
9 . 10 Fuel Positions
11 . 12 Fuel Positions
J3 or more Fuel Positions
Dance Studios/Gymnastics
Day Care
Furniture Store
Gasoline/Service Station
General Light Industrial
Go]f Course
Home Improvement Store
Hospital
Hotel
Hotel - All Suites
Manufacturine:
Marina
Mine/Commercial Excavation
Mini-Warehouse
Motel
Movie Theater
Nursing Home
Office 50.000 sq. ft. or less
Office 50.00 I-I 00.000 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 Greater than 10000 sa ft
Office - Medical 10000 sa. ft or less
Pharmacy/Drug Store
Quick Lube
Restaurant. Drive-In
Restaurant - High Turno\:er
Rate
$1.41300
$1.067.00
$56.12800
$21,5J1.GG
$6,712.00
$856.00
$2,189.00
$4,666.00
$4,619.00
$456.527.00
$5,849.00
$10,01500
$3,915.00
$2,35000
$2533.00
$2,098.00
$600
$941. 00
$2,503.00
$26,86800
$738.00
$9,905.00
$8.443.00
$7.205.00
$6.142.00
$5.59600
$23.776.00
$15757.00
$8.186.00
$8,444 00
$79.737.00
$1.435.00
$21 534.00
1lli5800
$14887.00
$1266500
$11 50900
1iM72 00
Per Student
Per Student
Per 1,000 sq. ft.
Per F~el PasitieR
Per Fue] Position
Per Fuel Position
Per Fuel Position
Per Fue] Position
Per Fuel Position
Per Fuel Position
Per 1,000 sq. ft.
Per Student
Per 1,000 sq. ft.
Per Fuel Position
Per 1,000 sq. ft
Per 18 Holes
Per 1,000 sq. ft.
Per 1,000 sq. ft.
Per Room
Per Room
Per 1 000 sa. ft.
Per Berth (DrylWet)
Per 1.000 cubic yards
Per 1,000 sq. ft
Per Room
Per Screen
Per Bed
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 I 000 sa. ft.
Per 1.000 sq ft.
Per Servuce Say
Per 1,000 sq ft
Per Seat
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Impact Fee land l1se Cafegory Rate
Restaurant - Qual ity $90400 Per Seat
Retail 50,000 Sq, Ft or Less $11,555.00 Per 1,000 sq. ft.
Retail 50,001-100,000 Sq. Ft $11.706.00 Per LOaD sq. ft
Retail 100,001-150,000 Sq, Ft $10,924.00 Per 1,000 sq ft.
Retail 150,001-200,000 Sq. Ft. $10,465.00 Per 1,000 sq. ft.
Retail 200.001-400,000 Sq. Ft. $9,909.00 Per 1,000 sq ft
Retail 400.001-600.000 Sq. FI $9,896.00 Per 1,000 sq. ft.
Retail 600,001-1,000,000 Sq. Ft $10,74000 Per 1,000 sq ft.
Retail > 1 ,000,000 Sq. Ft. $11,296.00 Per 1,000 sq. ft.
Retail - Specialty $15,728.00 Per 1,000 sq. ft.
RV Park $1,363.00 Per Site
School - Elementary (Private) $623 00 Per Student
School - Middle (Private) $870.00 Per Student
School - High School (Private) $92000 Per Student
Supennarket $15,466.00 Per 1,000 sq. ft.
Tire Store $6,45700 Per Service Bay
Warehouse iU52.00 Per I 000 s.,g,Jl
Underlined text is added; StFUilli tflrsugk text is deleted
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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 2011-19
Which was adopted by the Board of County Commissioners
on the 24th day of May, 2011, during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 26th
day of May, 2011.
DWIGHT E. BROCK
Clerk of Courts and Clerk
Ex-officio to Board of
Oo=Oy :o:m~:;: k
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By: Teresa Pola~!>d_ ,," ;,' ~.~,
Deputy Clerk' . .""
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