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Ordinance 2015-60 ORDINANCE NO. 2015- 60 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING CHAPTER 74 OF THE COLLIER COUNTY CODE OF LAWS AND ORDINANCES (THE COLLIER COUNTY CONSOLIDATED IMPACT FEE ORDINANCE) BY INCORPORATING, BY REFERENCE, THE IMPACT FEE STUDY ENTITLED "COLLIER COUNTY SCHOOL IMPACT FEE UPDATE STUDY," DATED JUNE 23, 2015; AMENDING THE EDUCATIONAL IMPACT FEE WHICH IS SCHEDULE FIVE OF APPENDIX A, AS SET FORTH IN THE IMPACT FEE UPDATE STUDY; PROVIDING FOR CONFLICT AND SEVERABIITY; PROVIDING FOR INCLUSION IN THE COLLIER COUNTY CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR A PHASED EFFECTIVE DATE BEGINNING ON FEBRUARY 8, 2016 IN ACCORDANCE WITH THE 90-DAY NOTICE REQUIREMENTS SET FORTH IN SECTION 163.31801(3)(d) FLORIDA STATUTES. WHEREAS, on May 13, 1992, the Board of County Commissioners adopted Ordinance No. 92-33, the Collier County Educational Facilities System Impact Fee Ordinance, thereby establishing the County's then applicable Educational Facilities Impact Fee rates; and WHEREAS, on March 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 (the"Code"); and WHEREAS, on April 28, 2009, the Board of County Commissioners adopted Ordinance No. 2009-17, amending the Code to implement revised indexing methodology and thereby established the Educational Facilities Impact Fee rates; and WHEREAS, on August 19, 2010, the District voted unanimously to recommend a 50% reduction in Educational Facilities (School) Impact Fees over a twenty-four month period; and WHEREAS, on October 12, 2010, the Board of County Commissioners adopted Ordinance No. 2010-39, with a retroactive date of October 8, 2010, providing for a 50% reduction to the then current School Impact Fee rates at the recommendation of the District School Board of Collier County; and Underlined text is added;Struck-tkreugh text is deleted WHEREAS, on October 11, 2011, the Board adopted an Ordinance providing for the incorporation by reference of the Collier County School Impact Fee Update Study dated August 22, 2011 and provided that the School Impact Fee rates, which became effective October 8, 2010, and were lower than those rates calculated as part of the update study, remained in effect. This direction was consistent with the positions of the Collier County Advisory Committees that reviewed the study as well as the School Board recommendation; and WHEREAS, on December 13, 2011, the Board accepted the calculation of the indexing percentage for the Educational Facilities Impact Fees providing the current rates remain in effect as those rates were lower than the rates that would be generated by the application of the index, based on the 50%reduction of fees that was implemented in October 2010; and WHEREAS, Educational Facilities Impact Fees are collected by Collier County and transmitted to the District School Board of Collier County for the purpose of funding growth- related capital improvements; and WHEREAS, the District uses impact fees to supplement the funding of necessary capital construction and/or improvements to facilities required to provide public educational facilities to serve new population and related development that is necessitated by growth in Collier County; and WHEREAS, as Section 74-502 of the Code states that impact fee studies should be reviewed at least every three years, the County retained Tindale-Oliver (the "Consultant"), to review the existing School Impact Fees and recommend changes to the fees where appropriate; and WHEREAS, Tindale-Oliver has prepared an impact fee study entitled the "Collier County School Impact Fee Update Study,"dated June 23, 2015; and WHEREAS, the "Collier County School Impact Fee Update Study" recommends changes to the School Impact Fee rate schedule, as set forth in Schedule Six of Appendix "A"; and WHEREAS, staff has thoroughly reviewed the study findings and concurs with the results; and WHEREAS, on May 12, 2015, the District voted unanimously to accept the Impact Fee Update Study and recommended adoption of the proposed Educational Facilities (School) Impact Fee rate schedule at 100%; and Underlined text is added;S -through text is deleted Page 2 of 7 WHEREAS, staff recommends that the Board of County Commissioners adopts this Ordinance to incorporate the study,by reference; and WHEREAS, Section 163.31801, Florida Statutes, which is the Florida Impact Fee Act, requires that the most recent and localized data be used in impact fee calculations and these studies comply with that requirement; and WHEREAS, on October 27, 2015, the Board of County Commissioners directed that the School Impact Fee rates be implemented consistent with the Development Services Advisory Committee's recommendation of reduced rates,with a three-year phase-in. 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 respective public facilities: *** (6) Educational facilities: "Collier County School Impact Fee Update Study," prepared by Tindale-Oliver .,• : • '. , • .. . :. (August 22, 2011 June 23, 2015);fie District School Board of Collier County Capital Improvement Plan for Fiscal Year 2006/07 2010/11; *** SECTION TWO. Schedule Six, Educational Facilities (School) 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 THREE. CONFLICT AND SEVERABILITY. Underlined text is added;Struslk-through text is deleted Page 3 of 7 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 FOUR. 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 FIVE. EFFECTIVE DATE. This Ordinance shall be effective February 8, 2016, subject to filing with the Florida Department of State. PASSED AND DULY OPT D by the Board of County Commissioners of Collier vrsr+. County, Florida this 10 day of , 2015. rr,r, ATTEST f ,, BOARD OF COUNTY COMMISSIONERS Dwight E Brock, Clerk°:;. OF COLLIER COUNTY, FLORIDA v �� B By: I e",ti __ im tcst'as to cl,aFl;n,an S, Deputy Clerk Tim Nance, Chairman r•yr4 tile onI(. . I i Approv:; s ;.'s - 3 legality: ,1 Ifi r` 111 f n:s rsrrrfirx7nc± fiicci with ti-r; !IPh■. 4 ',Aezary of Sra ,,'s 0; .t...:7 it,. Jeffrey . . kow, County Attorney J r,7�, c i..Nov-..____,at1S.__ u,: . j ;5 1 .,;,i 3r . 020 to,,,,,,,,,„ste_______, � F a Underlined text is added;Shush-through text is deleted Page 4 of 7 APPENDIX A SCHEDULE SIX: -EDUCATIONAL FACILITIES (SCHOOL)IMPACT FEE RATE SCHEDULE Phase 1 Effective October 8 0-February 8,2016 Impact Fee Land Use Category Rate Mobile Home/RV Park $3,343.69$4,567.13 Per Unit/Site Multi-Family $1,671-.84$2,033.33 Per Dwelling Unit Single-Family Detached House $6,424.33 Per Dwelling Unit Less than 1,500 sq. ft. $4,806.41 Per Dwelling r nit 1,500 to 2,499 sq. ft. . ! ' - ! - _ - • 2,500 sq. ft. or larger •_ ! ; _ , Up_derliped text is added;Stwek-#hsugh text is deleted Page5of7 APPENDIX A SCHEDULE SIX: -EDUCATIONAL FACILITIES (SCHOOL) IMPACT FEE RATE SCHEDULE Phase 4-2 Effective February 8,20167 Impact Fee Land Use Category Rate Mobile Home/RV Park $4,567.13 $5,790.57 Per Unit/Site Multi-Family $2 $2,394.66 Per Dwelling Unit Single-Family Detached House $6,121.33 $7,470.66 Per Dwelling Unit Underlined text is added; text is deleted Page 6 of 7 APPENDIX A SCHEDULE SIX: -EDUCATIONAL FACILITIES (SCHOOL) IMPACT FEE RATE SCHEDULE Phase 23 Effective February 8,20l8 Impact Fee Land Use Category Rate Mobile Home/RV Park $5T790,57 $7,014.00 Per Unit/Site Multi-Family S2,394-.-66 $2,756.00 Per Dwelling Unit Single-Family Detached House $7,470.66 $8,517.00 Per Dwelling Unit Underlined text is added;&rusk-throw*text is deleted Page 7 of 7 19.N,� FLORIDA DEPARTMENT Of STATE RICK SCOTT KEN DETZNER Governor Secretary of State November 13, 2015 Honorable Dwight E. Brock Clerk of the Circuit Court Collier County Post Office Box 413044 Naples, Florida 34101-3044 Attention: Ms. Teresa Cannon, BMR Senior Clerk Dear Mr. Brock: Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your electronic copy of Collier County Ordinance No. 2015-60,which was filed in this office on November 13, 2015. Sincerely, Ernest L. Reddick Program Administrator ELR/lb R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250 Telephone: (850) 245-6270 • Facsimile: (850) 488-9879 www.dos.state.fl.us