Ordinance 2004-21 (~,~)~LIER CO~TY, FLORIDA AMENDING RENU~
_~¢~'ItEDULE EIGHT OF APPENDIX A OF CHAPTER 74 O~THE?
'~g-zt~ffb~COLLIER COUNTY CODE OF LAW AND ORDINANCES~A~
'AMENDED, THAT ORDINANCE BEING THE COLLIER CO~ITY
CONSOLIDATED IMPACT FEE ORDINANCE, NO. 2001-13,
PROVIDING FOR THE INCORPORATION, BY REFERENCE, OF THE
IMPACT FEE STUDY ENTITLED "COLLIER COUNTY LIBRARY
FACILITIES AND ITEMS IMPACT FEE UPDATE"; AMENDING THE
LIBRARY IMPACT FEE RATE SCHEDULE, AS SET FORTH IN THE
IMPACT FEE UPDATE STUDY, TO REFLECT A NEW RATE OF $148.28
PER ONE-THOUSAND (1,000) SQUARE FEETOF LIVING AREA FOR
ALL RESIDENTIAL LAND USES; ESTABLISHING METHODOLOGY
FOR ANNUAL MID-CYCLE YEAR INDEXING ADJUSTMENTS TO
LIBRARY IMPACT FEE RATES; PROVIDING FOR CONFLICT AND
SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF
LAWS AND ORDINANCES; AND PROVIDING FOR A DELAYED
EFFECTIVE DATE OF MAY 1, 2004
WHEREAS, on June 27, 2000, the Board of County Commissioners
adopted Ordinance No. 2000-47, the Collier County Library System Impact Fee
Ordinance, thereby establishing the County's then applicable Library System
Impact Fee rates, and, as such, those rates have been in effect for more than three
(3) years; 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 superceding 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 Law and
Ordinances (the Code), and incorporating the aforementioned Library System
Impact Fee rates that had been established by the adoption of Ordinance No.
2000-47; and
WHEREAS, Section 74-502 of the Code states that impact fee studies
should be reviewed at least every three (3) years, thus, the County has retained
Tindale-Oliver and Associates, Incorporated (the Consultant) to review the
existing Library System Impact Fees and recommend changes to the fees where
appropriate; and
WHEREAS, Tindale-Oliver and Associates has prepared a development
impact fees report, titled "Collier County Library Facilities and Items Impact Fee
Update," dated March 4, 2004 (hereinafter the "Fee Report"); 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 Consultant recommends a change in the Library System
Impact Fee rate schedule, which is currently tiered by square footage with
corresponding fees of $214, $238, and $299 per dwelling unit, to a rate schedule
reflecting $148.28 per one-thousand (1,000) square feet of living area) for all
residential land uses; and
WHEREAS, the Consultant also recommends establishing the proposed
impact fee rate in order to more equitably distribute the costs of acquiring public
facilities based upon a rational nexus relating costs incurred by fee payers to
infrastructure impacts created by residential land uses; and
WHEREAS, the above recommended rate increase establishes these rates
at the maximum levels allowed in accordance with equity tests established and
existing pursuant to Florida law; and
WHEREAS, staff has thoroughly reviewed the calculations and findings
and staff concurs with the recommended change to the Library System Impact Fee
rate schedule, and staff recommends that the Board of County Commissioners
adopt this Ordinance to implement these recommended changes; and
WHEREAS, the Board has developed fee calculation and indexing
methodologies that will be imposed in an equitable and non-discriminatory
manner.
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.
(4) Library facilities: "Collier County Library Facilities and Items
~ Impact Fee Update e,..a., r,~m~ c, ....... ~2~.4., ,,
.... ., ...............r .........prepared
by Gr .... ,u x~ ........ · n~l..~,~ ~ r~ .... 2~, ~aanx Tindale-Oliver
and Associates, Inc. (March 4, 2004)
Underlined text is added ....... t?.ru text is del6ted
SECTION TWO. Article III, Special Requirements for Specific Types of
Impact Fees, Section 74-305, Special requirements for library impact fee, of the
Collier County Code of Laws and Ordinances is hereby amended to read as
follows:
Section 74-305.
Special Requirements for Library impact fee.
(f)
Impact fee rates. The library impact fee rate schedule incorporated in
schedule ~:,..~.~ .... ~rA~.~ eight_ (8) is hereby adopted and the library impact fees
established in the library impact fee rate schedule are hereby imposed
on all development as required in this chapter at a rate established under
the applicable impact fee land use categories.
(g)
Annual Mid-Cycle General Government Impact Fee Rate Indexing.
Beginning on May 1, 2004 the County shall commence a three-year
Library System Impact Fee update cycle pursuant to Subsections 74-
201.B. and 74-502.A of the Code. In each of the two
(2) mid-cycle years (between the formal three-year updates) beginning
on or about May 1~ 2005, the County shall implement adjustments to
building costs based upon the building cost index provided by the
Engineering News-Record and weighted as sixty-one percent (61%) of
the index plus the library items costs, based on the Consumer Price
Index for the Miami-Ft. Lauderdale area provided by the Bureau of
Labor Economics, weighted as thirty-nine percent (39%) of the index.
Mid-cycle indexed rate change adjustments will be adopted by a
Resolution of the Board pursuant to Subsection 74-201.B. of this
Chapter.
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 in Sections Four through Nine of this Ordinance shall be
made a part of the Code of Laws and Ordinances of Collier County, Florida. The
sections of the Ordinances 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 May 1, 2004 subject to filing with the
Florida Department of State.
Underlined text is added ....... t~ru text is deleted
PASSED AND DULY ADOPTED bv the Board of County
Commissioners of Collier County, Florida this ~/'~c::tday of March 2004.
ATT,F,A,T., BOARD OF COUNTY COMMISSIONERS OF
-D~i .~E~. i'~ck, Clerk COLLIERCOUN_~~~.~, FLORIDA
~ ¢,~ e~ .,,,~ ~,~.;. ~,..
, ' - : · D ~. k DonnaFiala, Chai~an
Thomas C. Pa~lmer,
Assistant County Attorney
This ordinance filed with the
~.~. ~e~,,-~narV of State'~ Office_ .t~qe
and acknowledgemen~that
fiJi~q received _th'~,~-'--' day
of/:~r~k-, ~.. .
APPENDIX A
SCHEDULE EIGHT
LIBRARY SYSTEM IMPACT FEE RATE SCHEDULE
Land Use Category
Residential Land Use:
Residential
Impact Fee Rate:
$148.28 per 1,000 square feet
(Maximum fee is $593.12)*
* If the applicable square footage of the assessed residential use exceeds 4,000 square
1 4 000 s uare feet shall be taken into account to calculate the a--licable Libra
S stem Im act Fee a licable to the res ective residential use. A 1 in this schedule
the Libr S stem Im act Fee shall not exceed $593.12 as follows: $148.28 multi lied
Underlined text is added; 8tree!.- Lhr~ugh text is deleted
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 2004-21
Which was adopted by the Board of County Commissioners
on the 23rd day of March, 2004, during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 29th
day of March, 2004.
DWIGHT E.~.-BRO:~K~
Clerk of 'Cou-ft~a~'-CT~'',
EX O '
- rr~c~o .t~-B~ o~ '.
county
Deputy