Agenda 02/08/2011 Item # 8D
Agenda Changes
Board of County Commissioners Meeting
February 8, 2011
Continue Item 8B to Februarv 22. 2011 BCC Meetin2:: Recommendation to adopt a Resolution
amending the Collier County Water-Sewer District Impact Fee Rates, established by Ordinance No.
2007-57, as amended, by reducing the water impact fee by $285 (-8%) to $3,290 per Equivalent
Residential Connection, and the wastewater impact fee by $250 (-7.2%) to $3,245 per Equivalent
Residential Connection, for a total reduction of $535 (-7.6%), with an effective date of February 14,
2011. This is a companion to Item 8D. (Staff's request)
CONTINUE ITEM 8D TO THE FEBRUARY 22" 2011 BCC
MEETING: RECOMMENDATION TO ADOPT AN
ORDINANCE AMENDING CHAPTER 74 OF COLLIER
COUNTY'S CODE OF LAWS AND ORDINANCES
(COLLIER COUNTY CONSOLIDATED IMPACT FEE
ORDINANCE) BY AMENDING THE ROAD IMPACT FEE
RATE SCHEDULE, WHICH IS SCHEDULE ONE OF
APPENDIX A, TO REFLECT THE PHASE II RATE
SCHEDULE SET FORTH IN THE "COLLIER COUNTY
TRANSPORTATION IMPACT FEE COST AND CREDIT
UPDATE STUDY" ADOPTED SEPTEMBER 28, 2010,
WHICH PROVIDES FOR A REDUCTION IN RATES; AND
PROVIDING FOR A DELAYED EFFECTIVE DATE OF
FEBRUARY 14, 2011. THIS IS A COMPANION TO ITEM 8B.
(STAFF'S REQUEST)
Move Item 16D1 to Item 10E: Recommendation to approve selection of firms under RFP 10-5572:
Wiggin's Pass Permitting, Modeling & Inlet Management Plan to Coastal Planning & Engineering,
Inc. and direct staff to bring a negotiated contract to the Board for subsequent approval
(Commissioner Hiller's request)
Move Item 161(5 to Item llA: Recommendation to authorize a representative of the County
Attorney's Office to bid on behalf of the County at four code enforcement lien foreclosure sales
scheduled by the Clerk in BOARD OF COUNTY COMMISSIONERS vs. JEAN CLAUDE MARTEL,
Circuit Court Case No. 10-720-CA, in an amount not to exceed the value of the County's foreclosed
lien interest; approximately $409,000 for 4 parcels. (Commissioner Hiller's request)
Move Item 16B1 to 13A: Recommendation to authorize the CRA Executive Director to negotiate
land purchase agreements, subject to approval by the Community Redevelopment Agency, relating
to expansion of the Gateway Triangle Stormwater Management Pond and approve an application for
a FEMA grant to fund the purchase of the subject properties (Commissioner Hiller's request)
Note:
Correction to Item 16D2: In the Executive Summary, Fiscal Impact section, third sentence should read
"Collier County and partners will be required to provide a match of at least .w 100 percent of the grant
award". (Staff's request)
Time Certain Items:
Item lOB to be heard at 10:30 a.m.
4/12/2011 3:27 PM
2/8/2011 Item 8.D.
EXECUTIVE SUMMARY
Recommendation to adopt an Ordinance amending Chapter 74 of the Collier Connty Code of Laws
and Ordinances (The Collier County Consolidated Impact Fee Ordinance) by amending the Road
Impact Fee rate schednle, which is Schedule One of Appendix A, to reflect the Phase II rate
schedule as set forth in the "Collier Couuty Transportation Impact Fee Cost and Credit Update
Study" adopted on September 28, 2010, which provides for a reduction in rates; and providing for
a delayed effective date of February 14, 2011
OBJECTIVE: That the Board of County Commissioners (Board) adopts an Ordinance
implementing Phase II of the Road Impact Fee rates which provides for an average downward
adjustment of 10% based on the findings of the "Collier County Transportation Impact Fee Cost
and Credit Update Study" which was adopted on September 28, 2010, and the removal of the
utility relocate cost component from the Road Impact Fee in conjunction with the adoption of the
Water and Wastewater Impact Fee Study.
-
CONSIDERATIONS: In 2010, Road Impact Fees were scheduled to be indexed using the
adopted (two-year average) methodology. Because of the notable cost decreases recently
experienced throughout Florida, staff and the County's impact fee consultant, Tindale-Oliver and
Associates, Inc. (TOA), agreed that it was appropriate to undertake a further review of the cost
and credit components of the Road Impact Fee by way of a "Cost and Credit Update." The
update analyzed the key components of the Road Impact Fee calculations which develop the
impact fee rates.
On September 28. 2010. the Board adopted Ordinance No. 2010-38 implementing the Phase I
Road Impact Fee rate schedule, as provided by the findings of the Cost and Credit Update. This
update provided an average decrease of 32% to the residential and commercial Road Impact Fee
rates.
Further, as discussed during the September 28, 20 I 0 public hearing (Item 8B), as part of the Cost
and Credit Update, TOA provided a detailed analysis of the cost component related to utility
relocations. Currently, utility relocation costs are included as part of the transportation impact
fee. However. the general practice statewide is to include these costs as part of the utility impact
fees and/or utility rate. With the completion of the Water and Wastewater Impact Fee study, the
utility relocation costs will be removed fi'om the Road Impact Fee and moved to the appropriate
utility impact fees and/or rates. The result of this change is an additional average reduction to
the Road Impact Fee rates of 10%. This brings the total reduction. as a result of the Cost and
Credit Update. to 42%.
This is a companion item. to be approved in conjunction with the amendments to the Collier
County Water-Sewer District Impact Fee rates.
-
FISCAL IMP ACT: Revenue projections related to the individual impact fees depend heavily
on the permitting trends during the corresponding time period. Changes in permitting activity
will directly affect this impact fee revenue stream. The specified reductions are proposed to go
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into effect on February 14, 2011; therefore, any permits applied for on or after that date will
receive the lower rates. The statutory minimum 90-day notice is not required for impact fee
reductions.
As referenced in the Executive Summary for the September 28, 2010 public hearing (Item 8B),
because of the decline in construction activity impact fee revenue has also been significantly
reduced. Based upon actual impact fee collections and current permitting activity and forecasts,
the following is the projected change in impact fee revenue associated to the rate revisions
assuming that development activity remains constant. Any further deeline in activity will also
directly affect the impact fees collections.
Impact Fee Potential Change in Annual Collections
Based on Current Activity
Road (assuming full 4~% reduction) ($4.200,000)
Additionally, the impact of removing the utility relocate component from the Road Impact Fee,
related to The Water and Wastewater Impact Fees, is $52.27 per Equivalent Residential
Connection (ERC) for Water and $12.27 per ERC for Wastewater.
GROWTH MANAGEMENT IMP ACT: The concept of impact fee updates is consistent with
Objective 1.2 of the Capital Improvement Element (CIE) of the Collier County Growth
Management Plan (GMP). which states: "Future development will bear a proportionate cost of
facility improvements necessitated by growth."
Additionally, this approach is consistent with Section 163.31801, Florida Statutes, which is the
Florida Impact Fee Act 2006. requiring the most recent and localized data be used in impact fee
calculations.
LEGAL CONSIDERATIONS: This item is legally sufficient for Board action. A simple
majority vote is required for approval. - JAK
RECOMMENDATION: That the Board of County Commissioners adopts an Ordinance
implementing Phase II of the Road Impact Fee rates, which provides for an average downward
adjustment of 10% based on the findings of the "Collier County Transportation Impact Fee Cost
and Credit Update Study," which was adopted on September 28. 2010. and the removal of the
utility relocate cost component from the Road Impact Fee in conjunction with the adoption of the
Water and Wastewater Impact Fee Study. with a delayed effective date of February 14,2011.
Prepared by: Amy Patterson, Impact Fee and Economic Development Manager
Growth Management Division - Planning and Regulation
Attachments:
I) Proposed Ordinance Amendment
2) Executive Summary -Item 8B (September 28.2010)
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2/8/2011 Item 8.D.
COLLIER COUNTY
Board of County Commissioners
Item Number: 8.0.
Item Summary: Recommendation to adopt an Ordinance amending Chapter 74 of the
Collier County Code of Laws and Ordinances (The Collier County Consolidated Impact Fee
Ordinance) by amending the Road Impact Fee rate schedule, which is Schedule One of
Appendix A, to reflect the Phase II rate schedule as set forth in the "Coliier County
Transportation Impact Fee Cost and Credit Update Study" adopted on September 28, 2010,
which provides for a reduction in rates; and providing for a delayed effective date of February
14, 2011
Meeting Date: 2/8/2011
Prepared By
Name: PattersonAmy
Title: Manager - Impact Fees & EDC,Business Management &
] /18/20 I I 2:24:03 PM
Approved By
Name: PuigJudy
Title: Operations Analyst, CDES
Date: 1/25/201] ]0:25:03 AM
Name: WidesTom
Title: Director - Operations Support - PUD,Utilities Fina
Date: 1/25/20] I ] :03:35 PM
Name: FederNorm
Title: Administrator - Growth Management Div, Transportati
Date: 1/25/20] I 2:36:46 PM
Name: MarcellaJeanne
Title: Executive Secretal)',Transportation Planning
Date: 1/26/201 I 11:25:27 AM
Name: KlatzkowJeff
Title: County Attorney,
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2/8/2011 Item 8.0.
Date: 1/27/201] 4:51:01 PM
Name: UsherSusan
Title: ManagementIBudget Analyst, Senior,Office of Manage
Date: 1/29/2011 ] 0:06: 17 AM
Name: IsacksonMark
Title: Director-Corp Financia] and Mgmt Svs,CMO
Date: 1/30/2011 ] 1 :38:28 AM
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2/8/2011 Item 8.0.
ORDINANCE NO. 2011 -
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 AMENDING THE ROAD IMPACT FEE RATE
SCHEDULE, WHICH IS SCHEDULE ONE OF APPENDIX A, TO
REFLECT THE PHASE II RATE SCHEDULE, AS SET FORTH IN
THE "COLLIER COUNTY TRANSPORTATION IMPACT FEE COST
AND CREDIT UPDATE STUDY" ADOPTED ON SEPTEMBER 28,
2010, WHICH PROVIDES FOR A REDUCTION IN RATES;
PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING
FOR INCLUSION IN THE COLLIER COUNTY CODE OF LAWS
AND ORDINANCES; AND PROVIDING FOR A DELAYED
EFFECTIVE DATE OF FEBRUARY 14,2011.
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, Collier County has used impact fees as a funding source for growth-related
capital improvements for various facilities since 1978; 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 March 10, 2009, the Board of County Commissioners adopted
Ordinance No. 2009-09, providing for an update of the Road Impact Fees and thereby
implementing the revised Road Impact Fee rates; and
WHEREAS, in 2010, Community Parks, Regional Parks, Correctional Facilities, and
Road Impact Fees were scheduled to be indexed, using the adopted methodology; and
WHEREAS, due to the significant changes in transportation related construction costs
throughout the State, staff and the impact fee consultant, Tindale-Oliver and Associates, Inc.,
agreed that a Cost and Credit Update should be performed in place of the annual indexing; and
WHEREAS, the result of the Cost and Credit Update was an average decrease of 32% in
the residential Road Impact Fee rates and commercial Road Impact Fee rates for the Phase I
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2/8/2011 Item 8.D.
schedule, which was adopted on September 28,2010, and became effective on October 8, 2010,
via Ordinance No. 2010-38; and
WHEREAS, during the Cost and Credit Update, Tindale-Oliver and Associates, Inc.,
provided a detailed analysis ofthe cost component related to utility relocations; and
WHEREAS, utility relocation costs are included as part of the Phase I Road Impact Fee
rates; and
WHEREAS, the general practice statewide is to include these costs as part of the utility
impact fees and/or utility rates; and
WHEREAS, with the completion of the Utility Impact Fee study, the utility relocation
costs will be removed from the Road Impact Fee and moved to the appropriate utility impact fees
and/or rates; and
WHEREAS, the removal of the utility relocate component from the Road Impact Fee
further reduces the fee by an average of 10%; 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 be used in impact fee calculations and this rate
change complies with that requirement.
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. 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
",,_.,
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separate, distinct, and independent provision and such holding shall not affect the validity of the
remaining portions.
SECTION THREE. 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 FOUR. EFFECTIVE DATE.
This Ordinance shall be considered adopted upon the date written below and subject to
filing with the Florida Department of State; however, for administrative purposes the effective
date ofthe Road Impact Fee Rate Schedule - Phase II shall be delayed to February 14, 2011.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida this _ day of ,2011.
ATTEST
Dwight E. Brock, Clerk
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
By:
, Deputy Clerk
By:
FRED W. COYLE, CHAIRMAN
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2/8/2011 Item 8.0.
APPENDIX A - SCHEDULE ONE
ROADIMFACTFEERATESCHEDULE
Pha.e I II - Effective Oetober 8, JUIU Februarv 14.2011
Impact Fee Land Use Category
Rate
Residential
Assisted Living Facility (ALF)
Condoffownhouse (1-2 Stories)
High-Rise Condominium (3+ Stories)
Mobile Horne
Multi-Family (Apartments) 1-]0 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 larger
ll,03S.90 5906.00 Per Dwelling Unit
lS,168.00 54.537.00 Per Dwelling Unit
$3,:50.00 $3.292.00 Per Dwelling Unit
$2,910.00 $2.553.00 Per Dwelling Unit
$5,329.00 $4.599.00 Per Dwelling Unit
$3.330.90 52.923.00 Per Dwelling Unit
$2,582.00 $2.266.00 Per Dwelling Unit
$5.lnOO $4.510.00 Per Dwelling Unit
$6,985.09 $6.133.00 Per DweIling Unit
$7,897.00 $6.934.00 Per Dwelling Unit
Non-Residential
Auto Sales - Luxury
Auto Sales - NewlUsed
Bank/Savings: Drive-In
Bank/Savings: Walk-In
Business Park
Car Wash - Automatic
Car Wash - Self-Service
Church
$10, 113.00 $8.874.00 Per 1.000 sq. ft.
$1..17I.00 $14.451.00 Per 1,000 sq. ft.
$2., 762.00 $23405.00 Per 1,000 sq. ft.
$2.,281.00 $22 984.00 Per 1,000 sq. ft.
$9, 1:1.00 $8.317.00 Per] ,000 sq. ft.
S23S$,?gg $22.663.00 Per 1,000 sq. ft.
$21,082.00 $21.026.00 Per Service Bay
$5,12100 $5.022.00 Per 1,000 sq. ft.
Underlined text is added; gtAisl: thrsugh text is deleted
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2/8/2011 Item 8.0.
Impact Fee Land Use Categnry
Rate
College!University (Private)
<7,501 Students
>7,500 Students
Convenience Store (24 hours)
Convenience Store w/Gas Pumps
Dance Studios/Gymnastics
Day Care
Furniture Store
Gasoline/Service Station
General Light Industrial
Golf Course
Home Improvement Store
Hospital
Hotel
Hotel. All Suites
Marina
Mine/Commercial Excavation
Mini- Warehouse
Motel
Movie Theater
Nursing Horne
Office 50.000 sq. ft. or less
Office 50,001-100.000 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
PharmacylDrug Store
Quick Lube
Restaurant - Drive-In
Restaurant - High Turnover
$1,~19.09 $1,413.00 Per Student
$1,215.09 $1.067.00 Per Student
$.1, 171.09 $56.128.00 Per] .000 sq. ft.
$21.81;.09 $21.534.00 Per Fuel Position
$:'.~6;, 99 $6.7]2.00 Per 1,000 sq, ft.
M9,OO $856.00 Per Student
$2, 1~7.09 $2.189.00 Per 1,000 sq. ft.
$5,3~;.99 $4.666.00 Per Fuel Position
$5,261.09 $4.619.00 Per 1.000 sq. ft.
$519.916.90 $456.527.00 Per 18 Holes
$6,692.00 $5.849.00 Per 1.000 sq. ft.
$11,106.00 $10015.00 Per 1,000 sq. ft.
$1, 15~.00 $3.915.00 Per Room
$2,6nOO $2.350.00 Per Room
$2,38~,99 $2.098 00 Per Berth (Dry/Wet)
~ $6.00 Per 1,000 cubic yards
$1.971.99 $941.00 Per 1,000 sq. ft.
t2,gS1.g9 $2.503.00 Per Room
$39.717.99 $26.868.00 Per Screen
U44,OO $738.00 Per Bed
$11,28~.09 $9.905.00 Per 1.000 sq. ft.
$9.629.90 $8,443.00 Per 1.000 sq. ft.
$8,208.09 $7.205.00 Per 1,000 sq. ft.
$6.998.90 $6 142.00 Per 1,000 sq. ft.
$6,375.00 $5 .596.00 Per 1,000 sq. ft.
$27,083.99 $23.776.00 Per 1.000 sq. ft.
$~.373.00 $8.186.00 Per 1,000 sq. ft.
~ $8,444.00 Per Servuce Bay
$91,30700 $79.737.00 Per 1,000 sq. ft.
$1,€38.00 $1.435.00 Per Seat
Underlined text is added; Stl'UelE thf8\:tgh text is deleted
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Impact Fee Land Use Category Rate
Restaurant. Quality tl,fn2.g9 $904.00 Per Seat
Retail 50,000 Sq. Ft. or Less $13,213.00 $1 1.555.00 Per 1,000 sq. ft.
Retail 50,001-100.000 Sq. Ft. $13,399.90 $11.706.00 Per 1,000 sq. ft.
Retail 100,001-150,000 Sq. Ft. $12..00.00 $10.924.00 Per 1,000 sq. ft.
Retail 150,001.200,000 Sq. Ft. $11,971.00 $10.465.00 Per 1,000 sq. ft.
Retail 200,001-400,000 Sq. Ft. $11,330.00 $9.909.00 Per 1,000 sq. ft.
Retail 400,001-600,000 Sq. Ft. $11,397.09 $9.896.00 Per 1,000 sq. ft.
Relail600.001-1,000,OOO Sq. Ft. $12,259.09 $10.740.00 Per 1,000 sq. ft.
Retail >1,000,000 Sq. Ft. $12,887.00 $11.296.00 Per 1.000 sq. ft.
Retail - Specialty $I 7,962.00 $15.728.00 Per 1,000 sq. ft.
RV Park Sl,553.QQ $1.363.00 Per Site
School. Elementary (Private) $+G9,OO $623.00 Per Student
School - Middle (Private) ~ $870.00 Per Student
School. High School (private) $1,019.09 m!lQQ Per Student
Supermarket $17,791.00 $15.466.00 Per 1,000 sq. ft.
Tire Store $7.385.00 $6457.00 Per Service Bay
Underlined text is added; Struek ti1fel:lga text is deleted
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2/8/2011 Item 8.0.
EXECUTIVE SUMMARY
Recommendation to adopt an Ordinance amending Chapter 74 of the Collier County Code
of Laws and Ordinances (The Collier County Consolidated Impact Fee Ordinance)
providing for the incorporation by reference of the impact fee study entitled the "Collier
County Transportation Impact Fee Cost and Credit Update Study," dated September 8,
2010, which is an amendment to the adopted "Collier County Transportation Impact Fee
Update Study;" amending the Road Impact Fee rate schedule, which is Schedule One of
Appendix A, as set forth in the Cost and Credit Update, which provides for a reductiou in
rates; amending the Parks and Recreation Impact Fee schedule, which is Schedule Three of
Appendix A, in accordance with the adopted indexing methodology, utilizing a two-year
average, which provides for a reduction in rates; accepting the calculation of the indexing
percentage for the Correctional Facilities Impact Fee in accordance with the adopted
indexing methodology, utilizing a two-year average, but providing that the current
Correctional Facilities Impact Fee rates remain in effect rather than increasing the fees as
calculated; providing for a delayed effective date of October 8, 2010, in order to provide
time for filin!: with the Florida Department of State and notification to the local
municipalities of the new rates.
OB.JECTIVE: That the Board of County Commissioners (Board) adopts an Ordinance
implementing downward adjustments to the Community Parks and Regional Parks Impact Fees,
based on application of the adopted indexing methodology, providing that the current
Correctional Facilities Impact Fees remain in place, rather than implementing a fee increase and
providing for a downward adjustment to the Road Impact Fees based on the findings of the
"Collier County Transportation Impact Fee Cost and Credit Update Study."
CONSIDERATIONS: On April 28, 2009, the Board adopted Ordinance 2009-17, which
amended the Code of Laws and Ordinances (Code) to reflect a change to the use of a two-year
average model from the 10-year regression analysis model to calculate the various indices, as
this method is intended to be more responsive to cost fluctuations.
In 2010, Community Parks, Regional Parks and Road Impact Fees are scheduled to be indexed
using the adopted (two-year average) methodology. The remaining impact fees are scheduled for
full studies that commenced in early 20 I O.
Four measures are used (land costs, building costs, building equipment costs and transportation
costs). alone or in combination, to calculate the indexing percentages for the various impact fees.
Using the two-year average methodology, the most recent, available data related to the individual
indices is used in the calculation.
Based on the information above, the total indexing percentage is then calculated for each of the
individual impact fees. Detailed information related to impact fee indexing is included as
backup to this Executive Summary (Attachment A).
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Imnact Fee 2010 Combined Index
Community Parks -4.7%
Regional Parks -11.9%
Correctional Facilities 3.4%
The impact fee with the largest percentage of inventory value attributed to land (Regional Parks)
experienced the most significant downward adjustment in the calculated index. On the converse,
the majority of inventory value in Correctional Facilities is buildings, which is an index that is
declining from prior years but still remains positive. Based on the positive index, indicating an
increase in fees, the County's impact fee consultant conducted further research and interviews
with professionals in the field to ascertain if the cost of jail construction has changed appreciably
over the past year. A memo from Tindale-Oliver and Associates, Inc. (TOA) is provided as an
attachment to this item (Attachment B). In summary, architects and other professionals in the
field, familiar with jail construction agree that construction cost for jails has remained stable.
This likely is related to the legal and safety requirements of jail construction. There are not
many "extras" or items that could be considered optional and removed to lower the cost of the
project.
While an increase in impact fees for Correctional Facilities is supported by the calculation using
the adopted indexing methodology, staff recommends that the Correctional Facilities Impact Fee
rates remain at the current, adopted level thereby forgoing the fee increase.
Transportation Index: The Transportation Index was also calculated using the adopted two-
year average methodology, resulting in a calculated index of -5.6%. In past years, the Producer's
Price Index (PP!) was included as part of the index to moderate the steep increase in the Florida
Department of Transportation cost estimates. However, in 2010 noticeable cost decreases were
experienced throughout the State of Florida, including the FOOT numbers, therefore the
smoothing effect of the PPI was not required to moderate the costs. Removal of the PPI
component resulted in a calculated index of .12.8%.
Because of the notable cost decreases recently experienced throughout Florida, staff and TOA
agreed that it was appropriate to undertake a further review of the cost and credit components of
the Road Impact Fee by way of a "Cost and Credit Update." The update analyzes the key
components ofthe Road Impact Fee calculations which develop the impact fee rates. The major
components of the update,includi ng narratives provided by TOA, are included as back-up to this
item (Attachment C).
During the Cost and Credit Update, TOA provided a detailed analysis of the cost component
related to utility relocations. Currently, utility relocation costs are included as part of the
transportation impact fee. However, the general practice statewide is to include these costs as
part of the utility impact fees and/or utility rate. Because the Utility Impact Fees are currently
being updated, until the revised study is completed and adopted, the utility costs will remain as
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part of the Transportation Impact Fee. After the appropriate changes are made to the utility
impact fees/rates, the utility relocation costs can then be removed from the transportation impact
fee, which, upon Board review and approval, further reduces the fee. This is estimated to occur
in the fourth calendar quarter of 20 1 O. A sample rate schedule displaying the further reduction
to the Transportation Impact Fee, related to removal of the utility relocation costs, is included as
an attachment to this Executive Summary (Attachment D).
The resulting rate reductions from the Cost and Credit Update are an average decrease of 32%
for both residential and commercial construction proposed with this ordinance amendment to
become effective October 8, 2010. An additional average reduction of approximately 10% will
be reviewed and considered by the Board after the appropriate changes are made to the Utility
Impact Fees/rates, as discussed above, for a total average decrease of 42%.
Other Considerations
Two components were evaluated as part of this Cost and Credit Update and were included in the
Appendix for reference. At this time, updates of these components were not included in the
calculation of the new fee schedules; however, these components, as follows, will become
increasingly important as growth resumes and moves farther east.
Trip Lenl.!th
This concept was discussed related to single-family during the 2008/2009 Transportation
Impact Fec Update Study. Results of the analysis showed that the Single-Family Trip
Length being utilized is extremely conservative. The actual Trip Length sampling
indicates that a majority of trip lengths east of CR-951 are longer due to the lack of
destinations such as retail, employment and medical. In 2009, the Board directed that the
updated Trip Lengths not be used in the calculation of the updated fees. This Cost and
Credit Update remains consistent with that direction. The Trip Length information has
been updated and included in the Appendix for information purposes but was not used in
the calculation of the new rates.
Capacity Added
As provided in the Cost and Credit Update, the capacity component relates to the
marginal capacity added each time a lane mile is constructed in the future. The added
capacity is calculated by subtracting the existing capacity from the total new capacity.
The most significant variable that affects the capacity levels is the number of signals per
mile. Similar to the Trip Length, the Capacity Added information was included in the
Appendix for informational purposes, but was not used in the calculation of the new
rates.
The components above warrant further review and consideration, as they become increasingly
important as the economy stabilizes and demand begins to increase. Therefore, by way of this
Executive Summary, staff recommends that the Board direct the County Manager, or his
designee, to work with the County's impact fee consultant to collect additional data related to the
Trip Length and Capacity Added components and report back to the Board with the findings of
the analysis.
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2/8/2011 Item 8.D.
On September I, 2010, staff presented the Annual Indexing for Community Parks, Regional
Parks and Correctional Facilities and the Transportation Impact Fee Cost and Credit Update
Study to the Development Services Advisory Committee (DSAC) for their review and
recommendations.
With respect to the Community and Regional Parks Impact Fee, the DSAC recommended that
each of the fees be indexed using only the land component, as that was most representative of
actual decreases being experienced. This recommendation translates to a 14.3% decrease to each
category.
The DSAC also concurred with the staff and recommended that the Correctional Facilities
Impact Fees remain at the current adopted level rather than implementing the calculated index of
3.4%.
Finally, with respect to the Transportation Impact Fee, the Committee generally supported the
rate decreases, but indicated that they did not have adequate time for a full review. Therefore, the
Committee was unable to make a recommendation. Staff agreed to assist with Committee
members with any questions/issues that they had with the study and also agreed to return to
DSAC at the October meeting to brief the Committee on the action taken by the Board, the rates
to be implemented, and to address any remaining issues/concerns of the Committee members.
The Annual Indexing for Community Parks, Regional Parks and Correctional Facilities and the
Transportation Impact Fee Cost and Credit Update Study was presented to the Productivity
Committee on September 15,2010 for theirreview and recommendations.
With respect to the indexing for Correctional Facilities, Community Parks and Regional Parks,
the Committee concurred with staffs recommendation to maintain current Correctional Facilities
Impact Fee rates rather than implementing an increase, and to implement the calculated reduction
of 4.7% to the Community Parks Impact Fee rates and 11.9% to the Regional Parks Impact Fee
rates.
Regarding the Transportation Impact Fee Cost and Credit Update the Committee recommended
that the Board direct that Tindale-Oliver and Associates evaluate an appropriate change to the
current single-family average trip length component used to calculate the fee, which is currently
64% of the model trip length. The committee recommended a percentage increase from the 64%
utilized up to a maximum of 80%, based on the findings of the analysis. This analysis is to be
completed prior to the completion of the Utility Impact Fee/rate study and implementation of the
related reductions to the Transportation Impact Fee rates.
The committee further recommended that an expanded review of Trip Length and Capacity
Added be completed for use in the next Transportation Impact Fee Update.
On September 15, 20 I 0, The Greater Naples Chamber of Commerce (Chamber), via a letter to
the Chairman of the Board of County Commissioners, requested the following:
Packet Page -127-
2/8/2011 Item 8.0.
1. A 50 % reduction in the transportation impact fee (supporting data relative to capacity
and process to come).
2. Modify collection policy to collection at time of and in conjunction with issuance of a
building permit for the relevant phase of the development.
3. Maintain reduced impact fee levels for a minimum period of two years.
A fiscal analysis ofthe Chamber's recommendation has been prepared by staff and is included as
back-up to this Executive Summary.
FISCAL IMPACT: Revenue projections related to the individual impact fees depend heavily
on the permitting trends during the corresponding time period. Changes in permitting activity
will directly affect this impact fee revenue stream. The specified reductions are proposed to go
into effect on October 8, 20 I 0; therefore, any permits applied for on or after that date will
receive the lower rates. The statutory minimum 90-day notice is not required for impact fee
reductions.
Because of the decline in construction activity impact fee revenue has also been significantly
reduced. Based upon actual impact fee collections and current permitting activity and forecasts,
the following is the projected change in impact fee revenue associated to the indexing/update rate
revisions assuming that development activity remains constant. Any further decline in activity
will also directly affect thc impact fees collections.
Impact Fee Potential Change in Annual Collections
Based on Current Activity
Community Parks I ($60,000)
Regional Parks ($209.2]2)
Road (assuming full 42% reduction) ($4,200,000)
Examp]es of the rate reductions applicable to common land uses are included as attachments to
this Executive Summary (Attachment E).
GROWTH MANAGEMENT IMPACT: The concepts of annual indexing and impact fee
updates are consistent with Objective 1.2 of the Capital Improvement Element (CIE) of the
Collier County Growth Management Plan (GMP), which states: "Future development will bear a
proportionate cost of facility improvements necessitated by growth."
Additionally, this approach is consistent with Section 163.3180], Florida Statutes, which is the
Florida Impact Fee Act 2006, requiring the most recent and localized data be used in impact fee
calculations.
LEGAL CONSIDERATIONS: The proposed Transportation Impact Fee and Parks and
Recreation Impact fee are the maximum rates which the Board may lawfully impose, irrespective
of the Fiscal Impact, which reflects decreased demand and decreased costs. The Ordinance is
legally sufficient for Board action. -JAK
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2/8/2011 Item 8.0.
RECOMMENDATION: That the Board of County Commissioners adopt an Ordinance
amending Chapter 74 of the Collier County Code of Laws and Ordinances providing for:
I. The incorporation by reference of the impact fee study entitled the "Collier County
Transportation Impact Fee Cost and Credit Update Study;"
2. Amending the Road Impact Fee rate schedule which provides for a reduction in rates
(an average of 32%); An additional average reduction of approximately 10% will be
reviewed and considered by the Board after the appropriate changes are made to the
Utility Impact Fees/rates;
3. Amending the Parks and Recreation Impact Fee schedule, providing for an 11.9%
reduction to the Regional Parks Impact Fee rates and a 4.7% reduction to the Community
Parks Impact Fee rates;
4. Accepting the calculation of the indexing percentage for the Correctional Facilities
Impact Fee but providing that the current Correctional Facilities Impact Fee rates remain
in effect rather than increasing the fees as calculated;
5. Providing for a delayed effective date of October 8, 2010, in order to provide time for
filing with the Florida Department of State and notification to the local municipalities of
the new rates.
Additionally, that the Board of County Commissioners:
6. Direct the County Manager, or his designee, to work with the County's impact fee
consultant to collect additional data related to the Trip Length and Capacity Added
components and rcport back to the Board with the findings ofthe analysis.
Prepared by: Amy Patterson, Impact Fee and Economic Development Manager
Growth Management Division - Planning and Regulation
Attachments:
1) Proposed Ordinance Amendment; 2) Cost and Credit Study; 3) Attachment A -Indexing
4) Attachment B - Jail Memo; 5) Attachment C - Cost and Credit Major Components;
6) Attachment 0 - Draft Fee Schedule; 7) Attachment E - Impact Fee Comparisons;
8) Greater Naples Chamber of Commerce Letter; 9) Analysis Related to Chamber Recommendation
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2/8/2011 Item 8.0.
COLLIER COUNTY
30/\;'-':D Ol:: GO:UFTY COMM!SStONERS
Item Number:
Item Summary:
88
Recommendation to adopt an Ordinance amending Chapter 74 of the Collier County Code af
Laws and Ordinances (The Collier County Consolidated Impact Fee Ordmance) providing for
the Incorporation by reference of ttle Impact fee study entitled the Collier County
Transportation Impact Fee Cost and Credit Update Study, dated March 11, 2009. which IS an
amendment to the adopted Collier County Transportation Impact Fee Update Study:
amendmg the Road Impact Fee rate schedule as set forth in the Cost and Credit Update
whIch provides for a reduction In rates: amending the Parks and Recreation Impact Fee
schedule In accordance with the adopted mdexlng methodology, utilizing a two-year average,
whIch provides for a reduction in rates; accepting the calculation of the indexing percentage
for the Correctional Facilities Impact Fee in accordance with the adopted indexing
methodology, utilizing a twoMyear avemge, but providing that the current Carr-echonal
Facilities Impa::..1 Fee rates remain In effect rather than increasing the fees as calculated and
providing for a delayed effective date of October 8, 2010, in order to provide trme for tiling
With the Florida Department of State and notificatIon to the local municipalities of the new
mtes.
Meeting Date:
9/28/20109:00:00 AM
Prepared By
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Can::Olunity ~~ <~V':::~cpr:~':'~,',;',
:::~"':>"i:t."" .~:\; :::(!nrice~:;
fHJsln:..,ss ManapemcfH ~ Swopt:>: Office
9/2:0':2010'::. "1:58 No;;
Approved By
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Do,
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i"r;\iil"i1:-nnma,) Servi':cr
9f20:1D1~' 3:% pr/;
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Approved By
Nitk :", ~dan(!,)id"
f)lfN:lor Tran::;p{,rtati'.:m Diannlng
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~,':::Lii20if' 4:03 PM
Approved By
: r',ji!i;)i' Vi,!'".;~~;
Dlf8Cl,)I- ()rlHl'iln;;i" ~_:Jpport _ Pl':':;.
Dar,c
Du'.:<i:: L'.:;;t>.::s ~:v!si;:."
lJ:.,:Ji:!c,s Fir:;):~::::c ()~;;::';1jl.!n:;
?::11:::(;1(1 "119 AM
Approved By
J-i"l:r;e~;
C~Lony
~-;',!bih: Uti!it\:J-:- Divj~iali Adn1ini~tratcr
Cat,
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0;':::' ::O'ifci ,;" f,1
Approved By
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An"'lii)ist,),~;t ~ p'.!b1i:' :::<fn/i:..:':C:,
wau-.
Packet Page -130-
2/8/2011 Item 8.0.
20D · Friday, January 28, 2011 · Napl.. Daily News
NOTICE OF INTENT TO CONSIDER ORDINANCE
Notice is hereby 9iven that on February 8, 2011 in the Boardroom, 3rd Floor. Ad-
ministration Bulldmg, Collier County Government Center, 3299 East Tamiami Trail,
Naples, Florida, the Board of County Commissioners will consider the enactment of
a County Ordinance. The meeting ,will commence at 9:00 A.M. The title of the pr~
posed Ordinance is as follows: .
AN ORDINANCE OF THE BOARD Of COUNTY COMMISSIONERS OF COLLIER COUN-
TY.
fLORIOA. AMENDING CHAPTER 74 Of THE COLLIER COUNTY CODE Of LAWS
AND ORDINANCES (THE COLLIER COUNTY CONSOLIDATED IMPACT FEE ORDI-
NANCE) BY AMENDING THE ROAD IMPACT fEE RATE SCHEDULE. WHICH IS SCHED-
ULED ONE Of APPENDIX A. TO REfLECT THE PHASE " RATE SCHEDULE. AS SET
fORTH IN THE "COLLIER COUNTY TRANSPORTATION IMPACT fEE COST AND CRED-
IT UPDATE STUDY" ADOPTED ON SEPTEMBER 28, 2010, WHICH PROVIDES FOR A
REDUCTION IN RATES; PROVIDING fOR CONFLICT AND SEVERABILITY; PROVIDING
fOR INCLUSION IN THE COLLIER COUNTY CODE Of LAWS AND ORDINANCES; AND
PROVIDING fOR ADELA YED EfFECTIVE DATE OF FEBRUARY 14. 2011.
Copies of the proposed Ordinance are on file with the Clerk to the Board and are
available for inspection. All interested parties are invited to attend and "be heard.
NOTE: All persons wiming to speak on any agenda item must. register with the
County administrator prior to presentation of the agenda item to be addressed.
Individual speakers will.be limited to 3 minutes on anr item. In any case, written
materials. intended to be considered by the Board shal be_ submitted to the appro--
priate County staff a minimum of seven days prior to the public hearing.
If you are a person with a disability who needs any accommodation in .order to par-
tiCipate in this proceeding, you are entitled, at no cost to you, to the provision of
certain assistance. Please contact the Collier County Facilities Management Depart-
ment, located at 3335 Tamiami Trail East, Building W, Naples, Florida 34112. (239)
252-B380. A$Sined listening devices for the hearing impaired are available.,in the
C,ounty Commissioners' Office.
BOARD Of COUNTY COMMISSIONERS
COLLIER COUNTY, fLORIDA
FRED COYLE. CHAIRMAN
DWIGHT E. BROCK, CLERK
By: Teresa Polaski, Deputy Clerk
(SEAL)
Januarv 28 7011
Nn1RAi;QC;Q
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Packet Page -131-