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Ordinance 2016-18 ORDINANCE NO. 2016-1 8 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING CHAPTER 74 OF THE COLLIER COUNTY CODE OF LAWS AND ORDINANCES (BEING THE COLLIER COUNTY CONSOLIDATED IMPACT FEE ORDINANCE, NO. 2001-13, AS AMENDED) AMENDING SCHEDULES ONE AND FOUR, OF APPENDIX A, WHICH ARE THE TRANSPORTATON (ROAD) AND CORRECTIONAL FACILITIES (JAIL) IMPACT FEE RATE SCHEDULES, IN ACCORDANCE WITH THE ADOPTED INDEXING METHODOLOGY, UTILIZING A TWO- YEAR AVERAGE, PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE COLLIER COUNTY CODE OF LAWS AND ORDINANCES; PROVIDING FOR A DELAYED EFFECTIVE DATE OF SEPTEMBER 12, 2016; AND AMENDING SECTION 74-401(a)(2) TO ALLOW ANY PERSON SEEKING AN OWNER-OCCUPIED AFFORDABLE HOUSING DEFERRAL TO FILE AN APPLICATION AFTER RECEIVING A BUILDING PERMIT FOR THOSE PERMITS ISSUED BETWEEN JUNE 23, 2015 AND JUNE 23, 2016. 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, 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, in October of 2002 the Board of County Commissioners directed that during the upcoming required three-year updates of the individual impact fees that methodology also be developed to provide for the annual indexing of the fees in the years between the formal updates; and WHEREAS, on February• 28, 2006, the Board of County Commissioners directed that the indexing methodology for each of the impact fees be reviewed and revised, as appropriate, to reflect localized information: and WHEREAS, Collier County retained Tindale-Oliver & Associates, Inc. to complete the study to localize the indexing methodologies; and Underlined text is added: itrtcc-k-thrHecgFt text is deleted WHEREAS, on June 26, 2007 the Board of County Commissioners adopted Ordinance 2007-57, thereby adopting the "Collier County Impact Fee Indexing Study," and amending the Code to reflect the new indexing provisions and amended rates: and WHEREAS, Tindale-Oliver and Associates, Inc. completed the report titled the "Collier County Indexing Methodology Study, " which amended portions of the adopted "Collier County Impact Fee Indexing Study" and recommended that a two-year average be utilized to calculate the various indices: and WHEREAS, on April 28, 2009, the Board of County Commissioners adopted Ordinance No. 2009-17, amending the Code by implementing the revised indexing methodology; and WHEREAS, on February 10. 2015, the Board adopted Ordinance No. 2015-17, thereby amending Schedule One and Schedule Four of Appendix A of Chapter 74 of the Code, and establishing the County's then current Transportation (Road) and Correctional Facilities (Jail) Impact Fee rates: and WHEREAS, in 2016, Road and Correctional Facilities, are scheduled to be indexed, using the adopted methodology; and WHEREAS. Tindale-Oliver and Associates. Inc. completed the report titled "2016 Indexing Calculations" resulting in an increase in rates of 3.7% for Road. and an increase in rates of 3% for Jail: and WHEREAS, staff has thoroughly reviewed the calculations and findings and concurs with the results of the calculations and the study: and WHEREAS, staff recommends that the Board of County Commissioners adopt this Ordinance to implement the recommended changes; and WHEREAS. Section 163.31801, Florida Statutes, which is the Florida Impact Fee Act, requires the most recent and localized data he used in impact fee calculations and this annual index complies with that requirement. WHEREAS, the Impact Fee Deferral Program for owner-occupied affordable housing deferrals was suspended in 2009 and was reinstated on June 23, 2015. WHEREAS, Section 74-401 of Chapter 74 of the Code of Laws and Ordinances requires that any person seeking a deferral shall file an application prior to receiving a building permit for the proposed development. Underlined text is added:Struck t u h text is deleted Page 2 of 8 WHEREAS, on April 26. 2016, the Board of County Commissioners. due to some developers being unaware that the deferral program had been reinstated, directed staff to amend Section 74-401 to allow applicants to tile an application for owner-occupied deferrals after receiving a building permit for permits that were issued after the program was reinstated. 'WHEREAS, staff recommends the Board of County Commissioners amend the Code to allow applicants to file for an owner-occupied deferral after receiving a building permit for permits that were issued between June 23, 2015 and June 23, 2016. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE. 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 TWO. Article IV. Affordable Housing Impact Fee Deferral. Section 74-401, Impact Fee deferral. of the Collier County Code of Laws and Ordinances is hereby amended to read as follows: Section 74-401. Impact fee deferral *** (a) Applicability *** (2) Any person seeking an affordable housing deferral for proposed development shall file with the county manager an application for deferral, prior to receiving a building permit for the proposed development, or after receiving a building permit for those permits issued between June 23, 2015 and June 23, 2016. The application for deferral shall contain the following: *** Underlined text is added:Stfook-through text is deleted Page 3 of 8 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 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 considered adopted upon the date written below; however, the effective date of the fee schedules shall be delayed to September 12, 2016. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida this\ W,day of acs r+e.>, 2016. ATTEST BOARD OF COUNTY COMMISSIONERS afigir is,•ck. Clerk OF CO/LIER COUNTY, FLORIDA • T d4c&V 'I , tRr 1 7---1'. • � �1 r M „ Atter!, , ,w K • 'rman's , Deputy Clerk DONNA FIALA, Chairman %', sl Hata 444.: '1' , tip,. • �,al� Appr lve• .. to form and legality: This ordinance filed with the t Secretary of State's Office the 311,, � r► ..�_ ay of .lsM� , � 11V and acknowledgetnen of that Jeffre\A latzkow filin received this 1S'&day Count torney ofC B �Z- Oeo ity Clark Underlined text is added.Std-through text is deleted Page 4 of 8 APPENDIX A -SCHEDULE ONE ROAD IMPACT FEE RATE SCHEDULE Effective iL�Seotember 12,2016 Impact Fee Land Use Category Rate Residential Assisted Living Facility(ALF) $754:00 $787.08 Per Dwelling Unit Condo/Townhouse(1-2 Stories) x-36 00 $4,735.98 Per Dwelling Unit High-Rise Condominium(3+Stories) $3.309:80 $3.431.43 Per Dwelling Unit Mobile Home $2.966:00 $3.075.74 Per Dwelling Unit Multi-Family(Apartments)1-10 Stories ¶5,2, 2221.0 $5.417.29 Per Dwelling Unit Multi-Family(Apartments)>10 Stories $3.329.00 $3,452.17 Per Dwelling Unit Retirement Community $2:628:00 $2,725.24 Per Dwelling Unit Single Family Detached House Less than 4,000 sq.ft. $7;04-7:00 57,276.63 Per Dwelling Unit 4.000 sq. ft.or larger $8,445,00 $8,757.47 Per Dwelling Unit Non-Residential Auto Sales-Luxury $10419.00 $10,700.80 Per 1.000 sq.fl. Auto Sales-New/Used $45,9-10.00 $16,498.67 Per 1.000 sq.ft. Bank/Savings:Drive-In ¶-7,388.00 $28,310.10 Per 1,000 sq.ft. Bank/Savings:Walk-In $284:88 $21,542.64 Per 1.000 sq.it Business Park $9:416.00 $9.764.39 Per 1.000 sq.ft. Car Wash-Automatic $3+482.00 $32,646.83 Per 1.000 sq.ft. Car Wash-Self-Service $9,799:00 $10,161.56 Per Service Bay Church $328.00 $340.14 Per Seat College/University(Private) <7.501 Students $1.648.00 $1,708.98 Per Student >7.500 Students $-6236:00 $1,281.73 Per Student Convenience Store (24 hours) $6-8,709:80 $68,140.23 Per 1,000 sq.Ii. Convenience Store w/Gas Pumps 4 or less Fuel Positions $24,42840 $25,331.84 Per Fuel Position 5-6 Fuel Positions $+9.809:80 $20,541.93 Per Fuel Position 7-8 Fuel Positions $16,896.80 $17.521.15 Per Fuel Position 9- 10 Fuel Positions 1,1-4,3.79,40 $14.911.02 Per Fuel Position 11 - 12 Fuel Positions $1.3444:80 $13,537.00 Per Fuel Position 13 or more Fuel Positions $1-1,891.10 $12,330.97 Per Fuel Position Underlined text is added:Struck-through text is deleted Page 5 of 9 Impact Fee band l se Category Rate Non-Residential(Coned) Dance Studios/Gymnastics 3773380 $8,019.12 Per 1,000 sq.ft. Day Care $96709 $1,002.78 Per Student Furniture Store C2 :-.00 $2,64539 Per 1.000 sq.ft. Gasoline/Service Station $5,12-1.00 $5.310.48 Per Fuel Position General Light Industrial $5;3x3.00 $5.571.80 Per 1.000 sq.ft. Golf Course $1°a,X9248 $200,651.20 Per 18!toles Golf Course-Bundled $58,034:88 $60,202.00 Per 18 Holes Home Improvement Store $7034:00 $7.315.00 Per 1,000 sq.ft. Hospital 39:322.08 $9,666.91 Per 1,000 sq.ft. Hotel $3341.00 $3,675.13 Per Room Hotel-All Suites e2. 0 $2,835.16 Per Room Manufacturing 52,943.00 $3,051.89 Per 1.000 sq.ft. Marina $7.144.00 $2,534.43 Per Berth(Dry/Wet) Mine/Commercial Excavation $&00 $8.30 Per 1.000 cubic yards Mini-Warehouse $942:00 $976.85 Per 1,000 sq.ft. Motel 52:909-08 $3,016.63 Per Room Movie Theater $31,36-388 $32.523.43 Per Screen Nursing Home $97288 $1,007.96 Per Bed Office 6.000 sq.ft.or less 38,-1-1.1:00 $8,414.22 Per 1,000 sq.ft. Office 6,001- 100,000 sq.ft. $9664.00 $10,018.46 Per 1,000 sq.ft. Office 100.001-200,000 sq.ft. $8:491:80 $8.494.07 Per 1.000 sq.ft. Office 200.001-400,000 sq.ft. $692380 $7,179.15 Per 1.000 sq.ft. Office Greater than 400.000 sq.ft. $6253.00 $6,515.47 Per 1,000 sq.ft. Office-Medical Greater than 10.000 sq.ft. $26.689:00 $27,676.49 Per 1,000 sq.ft. Office-Medical 10,000 sq.ft.or less $18,32888 $19,006.14 Per 1,000 sq.ft. Ph rm y/D Store 39538288 9 936.53 Per 1.000 sq.ft. a ac, rug, o $ , Quick Lube 310;883:00 $10,456.07 Per Service Bay Restaurant-Fast Food w/Drive-In 391.025:90 $94,396.04 Per 1,000 sq.ft. Restaurant-thigh Turnover $4765700 $1,718.31 Per Seat Restaurant-Low Turnover $1:86588 $1,104.41 Per Seat Retail 6.000 Sq.Ft.or Less $5.370:00 $5,568.69 Per 1,000 sq.ft. Retail 6,001-25,000 Sq.Ft. $10.064:00 $10,436.37 Per 1,000 sq.ft. Retail 25.001-50,000 Sq.Ft. $13,496.00 $13,995.35 Per 1,000 sq.ft. Retail 50,001-100,000 Sq.Ft. $14.548.08 $15,077.98 Per 1,000 sq.ft. Retail 100.001-150.000 Sq.Ft. S4-3,-5-3-1,00 $14,031.65 Per 1,000 sq.ft. Retail 150,001-200,000 Sq.Ft. $4-279-54.44) $13.434.34 Per 1,000 sq.ft. Retail 200.001-400.000 Sq.Ft. $4-2,244:00 $12,697.03 Per 1.000 sq.ft. Retail 400,001-600.000 Sq.Ft. $412.868:00 $12,514.52 Per 1.000 sq.ft. Retail 600.001-1.000,000 Sq.Ft. $4.2.586.08 $13,051.68 Per 1,000 sq.ft. Retail >1.000.000 Sq.Ft. $42:81880 $13,292.27 Per 1,000 sq.ft. Underlined text is added;Stwek--tlhrou;h text is deleted Page6of9 Impact Fee Land Use Category Rate Von-Residential(Cont'd) Retail-Specialty 318,131-00 $18,801.85 Per 1,000 sq.ft. RV Park $4,1-56,00 $1,198.77 Per Site School-Elementary(Private) $687:00 $712.42 Per Student School-Middle(Private) $969•.00 S1.004.85 Per Student School-High School(Private) $1023.80 $1,060.85 Per Student Supermarket $18:864:00 $18,732.37 Per 1,000 sq.ft. Tire Store $7,789.00 $7,994.23 Per Service Bay Warehouse $2,737.00 $2,838.27 Per 1,000 sq.ti. Underlined text is added;Struck-through text is deleted Page 7 of 9 APPENDIX A-SCHEDULE FOUR CORRECTIONAL FACILITIES(JAIL)IMPACT FEE RATE SCHEDULE Effective M4tty-l-lr-201.3 September 12,2016 Impact Fee Land l'se Category Rate Residential Assisted Living Facility $219.22 $225.80 Per Dwelling Unit Condo/Townhouse(1-2 Stories) $24532 $252.68 Per Dwelling Unit High-Rise Condominium(3+Stories) $243.32 $252.68 Per Dwelling Unit Mobile Home/RV tie-down 02544 $387.08 Per Dwelling Unit/Site Multi-Family ¶2-4464- $223.11 Per Dwelling Unit Multi-Family-More than 10 Stories $246fi-4 $223.11 Per Dwelling Unit Retirement Community $293-56 $209.67 Per Dwelling Unit Single Family Less than 4,000 sq ft. $472.37 $486.54 Per Dwelling Unit 4,000 sq.ft.or larger $540.23 $556.44 Per Dwelling Unit Non-Residential Auto Sales(Luxury) $268.81 $276.87 Per 1,000 sq.ft. Auto Sales(New/Used) $38364 $395.15 Per 1,000 sq.ft. Bank/Savings:Drive-In ¶595.03 $612 88 Per 1,000 sq.ft. Bank/Savings.Walk-1n $581.99 $599.45 Per 1,000 sq.ft. Business Park $23044 $258.06 Per 1,000 sq ft. Car Wash-Self-Service $227.05 $233.86 Per Service Bay Car Wash-Automated $459.32 $473.10 Per 1,000 sq.ft Church $7 83 $8.06 Per seat College/University(Private) <7,501 $26-10 $26.88 Per Student >7,500 54847 $18.82 Per Student Convenience Store (24 hours) S4-427-56 $1,470.39 Per 1,000 sq.ft. Convenience Store w/Gas Pumps 4 or less Fuel Positions $1,135.26 $1,169.32 Per Fuel Position 5-6 Fuel Positions 394563 $994.60 l'er Fuel Position 7-8 Fuel Positions $8.48-62 $884.38 Pcr Fuel Position 9-10 Fuel Positions $767.2$ $790.30 Per Fuel Position II-12 Fuel Positions $717.79 $739.23 Per Fuel Position 13 or more Fuel Positions $675-94 $696.22 Per Fuel Position Dance Studio/Gyms $579-38 $596.76 Per 1,000 sq.ft. Day Care $4393 $13.44 Per Student Furniture Store $62-64 $64.52 Per 1,000 sq.ft. Gasoline/Service Station $49847 $513.42 Per Fuel Position Underlined text is added,Stftek-tivrough text is deleted Page 8 of 9 Impact Fee Land Use Category Rate Non-Residential(Cont'd) Golf Course $5,07345 55.225.65 Per 18 Holes Golf Course-Bundled 51,521.51 $1,567.16 Per 18 Holes Home Improvement Store $472.37 $486.54 Per 1,000 sq.ft. Hospital $357.54 $368.27 Per 1,000 sq.ft. Hotel $208778 $215.04 Per Room Industrial-General Light 5180,08 $185.48 Per 1,000 sq.ft. Manufacturing 54-3949 5134.40 Per 1,000 sq.ft. Marina $4949 $51.08 Per Berth Mini-Warehouse S45,66 $16.13 Per 1,000 sq.ft Motel $198.34 $204.29 Per Room Mos ie Theater $1,560466 S1,607.48 Per Screen Nursing Home $234-88 $241.93 Per Bed Office 6,000 sq ft.or less S260?98 $268.81 Per 1,000 sq ft. Office 6,001-100,000 sq ft 5310.57 $319.89 Per 1,000 sq ft. Office 100,001-200,00{)sq ft $26349 $271.50 Per 1,000 sq.ft Office 200,001-400,000 sq ft. $221.83 $228.48 Per 1,000 sq.ft. Office Greater than 400,000 sq ft. $209:95 $206.98 Per 1,000 sq.ft Office-Medical greater than 10,000 sq.ft. $433.23 $446.23 Per 1,000 sq.ft. Office-Medical 10,000 sq.ft.or less $297.53 $306.45 Per 1,000 sq.ft. Pharmacy/Drug Store $511.52 $526.87 Per 1,000 sq.ft. Quick Lube $302.74 $311.82 Per Service Bay RV Park $130:49 $13440 Per Site Restaurant-Fast Food w/Drive-ln $2,322.72 52.392.40 Per 1,000 sq.ft. Restaurant-High Turnover $7946 $72.57 Per seat Restaurant-Low Turnover $57.42 $59.14 Per seat Retail 6,000 Sq.Ft.or Less $639-40 $658.58 Per 1,000 sq.ft. Retail 6,001-25,000 Sq.Ft $63940 $65$.58 Per 1,000 sq.II. Retail 25,001.50,000 Sq.Ft. $63940 $658.58 Per 1,000 sq.II. Retail 50,001-I00,000 Sq.Ft. $64201 $661.27 Per 1,000 sq.ft. Retail 100,001-150,000 Sq.Ft. $587-21 $604.83 Per 1,000 sq.ft. Retail 150,001-200,000 Sq.Ft. $747-70 $739.23 Per 1,000 sq.ft. Retail 200,001-400,000 Sq.Ft. $610.69 5629.01 Per 1,000 sq.ft. Retail 400,001-600,000 Sq Ft. $636.79 $655.89 Per 1,000 sq ft Retail 600,001-1,000,000 Sq.Ft. $63+37 $650 52 Per 1,000 sq ft Retail >1,000.000 Sq Ft. $515.45 $561 81 Per 1,000 sq ti. Retail-Specialty $441-. $454 29 Per 1,000 sq ft School-Elementary(Private) 51566 $16 13 Per Student School-Middle(Private) 518.27 $18,82 Per Student School-High School(Private) 32948 $21 51 Per Student Supermarket 55-3404 $551.06 Per 1,000 sq.ft. Tire Store $349-74 $360.20 Per Service Bay Warehouse 73.07 $75.26 Per 1,000 sq.ft. Underlined text is added:ew• '`r ugh text is deleted Page 9 of 9 ii .! l. ..., FLORIDA DEPARTMENT Of STATE , RICK SCOTT KEN DETZNER Governor Secretary of State June 15, 2016 Honorable Dwight E. Brock Clerk of the Circuit Court Collier County Post Office Box 413044 Naples, Florida 34101-3044 Attention: Teresa L. 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. 2016-18, which was filed in this office on June 15, 2016. Sincerely, Ernest L. Reddick Program Administrator ELR/lb R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250 Telephone: (850) 245-6270 www.dos.state.fl.us