Loading...
Ordinance 2015-59 ORDINANCE NO. 2015- 5 9 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 IMPACT FEE STUDY ENTITLED "COLLIER COUNTY PARKS AND RECREATION IMPACT FEE UPDATE STUDY"; AMENDING THE PARKS AND RECREATION IMPACT FEE RATE SCHEDULE,WHICH IS SCHEDULE THREE OF APPENDIX A, AS SET FORTH IN THE IMPACT FEE UPDATE STUDY; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE OF NOVEMBER 16, 2015, FOR THE COMMUNITY PARKS IMPACT FEE RATE SCHEDULE AND FEBRUARY 8, 2016, FOR THE REGIONAL PARKS IMPACT FEE RATE SCHEDULE. WHEREAS, Collier County has used impact fees as a funding source for growth-related capital improvements for parks and recreational facilities since 1988; 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 December 13, 2011, the Board of County Commissioners adopted Ordinance No. 2011-44, thereby amending Schedule Three of Appendix A of Chapter 74 of the Code, and establishing the County's then current Parks and Recreation Impact Fee rates; and WHEREAS, Tindale-Oliver(the"Consultant")has prepared an impact fee study entitled"Collier County Parks and Recreation Impact Fee Update Study,"dated September 25, 2015 (the "Study"); and WHEREAS, Collier County uses impact fees to supplement the funding of necessary capital improvements required to provide public facilities to serve new population and related development that is necessitated by growth in Collier County; and WHEREAS, the Study recommends changes to the Parks and Recreation Impact Fee rate schedule, as set forth in Schedule Three of Appendix "A" of Chapter 74 of the Collier County Code of Laws and Ordinances; and WHEREAS, the Study also recommends establishing the proposed impact fee rates in order to equitably distribute the costs of acquiring and constructing public facilities based upon a rational nexus relating costs incurred by fee payers to infrastructure impacts created by specified land uses; and WHEREAS, the Consultant has reviewed and updated the fee calculation methodologies that will be imposed in an equitable and non-discriminatory manner; and Underlined text is added;Struck through text is deleted 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, staff has thoroughly reviewed the calculations and findings, concurs with the recommended changes to the Parks and Recreation Impact Fee rate schedule, and recommends that the Board of County Commissioners adopt this Ordinance to implement the recommended changes. 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. *** (3) Parks and recreational facilities: "Collier County Parks and Recreation Impact Fee Update Study," prepared by Tindale-Oliver . . - , - , !!• (September 25, 2015); and *** SECTION TWO. Schedule Three, Parks and Recreation 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. 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 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 Underlined text is added,Struck through text is deleted Page 2 of 4 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 considered adopted upon filing with the Florida Department of State; however, the effective date of the Community Park Impact Fee rate schedule shall be November 16, 2015 and the effective date of the Regional Parks Impact Fee rate schedule shall be delayed to February 8, 2016. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida this ta -� day of��C 015. ATTEST BOARD OF COUNTY COMMISSIONERS Dwight E. Broclk Clerk OF COLLIER COUNTY, FLORIDA tliA-:. .4,.4..tA 001: 4 By / zee . A est as f/ y,,.. 0,, hail s Deputy Clerk Tim Nance, Chairman ''79?P't P onl ) Approve* l4 ncy: as �� or , a ,... ,4 ' r/ri mai J Jeffrey A. atz'ow, County Attorney 1 ord nanc I l ied with "l:'•`r ( ".cip tar; of State's Off c-e rF 3_tk dcy of 6- (1.) . 02O(S- and Qckno°rN1e;�r rnent Jf_;`•... ;t r"/ 1lrOg roc ived this f3 _ r'_= ,,f {S/ CUL Underlined text is added;Struck through text is deleted Page 3 of 4 APPENDIX A SCHEDULE THREE: - PARKS AND RECREATION IMPACT FEE RATE SCHEDULE Effective December 20, 2011 Community Parks—Effective November 16, 2015 Impact Fee Land Use Category Rate betel $455.11 Per Room Mobile Home/RV Park S-8-5-549-$672.56 Per Unit/Site Multi-Family $64341-3 $427.42 Per Dwelling Unit Single-Family Detached House Less than 1,500 1,000 sq. ft. $1,081.39 $876.84 Per Dwelling Unit 1,500 to 2,499 sq. ft. , { 2,500 4,000-sq. ft. or larger j $47-34743$1,002.55 Per Dwelling Unit Regional Parks—Effective February 8, 2016 Impact Fee Land Use Category Rate I Hetet/Motel $833.58 Per Room Mobile Home/RV Park $47-5-3.740$1,939,68 Per Unit/Site Multi-Family $4704147 $1,112.33 Per Dwelling Unit Single-Family Detached House r Less than 1,500 4,000 sq. ft. $1,765.45$2,436.09 Per Dwelling Unit 1,500 to 2499 sq. ft. $1,912.68 Per Dwelling Unit 2,500 4,000 sq. ft. or larger $2,140.31 $2,785.42 Per Dwelling Unit Underlined text is added, text is deleted Page 4 of 4 c , 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. 2015-59, 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