Ordinance 2005-47
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. ~ ,,[t(\\ttt\. ¡ ORDINANCE NO. 2005- 17
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~~ . . ~.(!. N ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
~6?i:Z9'tS't~ ,COLLIER COUNTY, FLORIDA, AMENDING SCHEDULE FOUR OF
j APPENDIX A OF CHAPTER 74 OF THE COLLIER COUNTY CODE OF
LA WS AND ORDINANCES, AS AMENDED, THAT ORDINANCE BEING
THE COLLIER COUNTY CONSOLIDA TED IMPACT FEE
ORDINANCE, NO. 2001-13, PROVIDING FOR THE INCORPORATION,
BY REFERENCE, OF THE IMPACT FEE STUDY ENTITLED
"CORRECTIONAL IMPACT FEE STUDY, COLLIER COUNTY,
FLORIDA"; AMENDING THE CORRECTIONAL FACILITIES IMPACT
FEE RATE SCHEDULE, AS SET FORTH IN THE IMPACT FEE
UPDATE STUDY; PROVIDING FOR THE DEFINITION OF A NEW
LAND USE CATEGORY ON THE CORRECTIONAL FACILITIES
IMPACT FEE RATE SCHEDULE; ESTABLISHING METHODOLOGY
FOR THE ANNUAL MID-CYCLE YEAR INDEXING ADJUSTMENTS TO
THE CORRECTIONAL IMPACT FEE RATES; PROVIDING: fOR:;;
CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSI0N IN:;;
THE CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR A~~
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DELA YED EFFECTIVE DATE OF NOVEMBER 1, 2005.
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WHEREAS, on June 22, 1999, the Board of County Commi~~ner~?
adopted Ordinance No. 99-52, the Collier County Correctional Facilitiesf:~a({(:;
Fee Ordinance, thereby establishing the County's then applicable Correctional
Facilities 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 Laws and
Ordinances (the "Code"), and incorporating the aforementioned Correctional
Facilities Impact Fee rates that had been established by the adoption of Ordinance
No. 99-52; 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 Duncan
Associates, in association with Dr. James C. Nicholas (the "Consultants"), to
review the existing Correctional Facilities Impact Fees and recommend changes
to the fees where appropriate; and
WHEREAS, the Consultants have prepared an impact fee study, entitled
"Correctional Impact Fee Study, Collier County, Florida," dated April 18, 2005
(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 Correctional Facilities
Impact Fee rate schedule, as set forth in Schedule Four of Appendix "A" of
Chapter 74 of the Collier County Code of Laws and Ordinances; and
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WHEREAS, the Study also recommends establishing the proposed
impact fee rates 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 commercial and residential land uses; and
WHEREAS, the Consultants have developed fee calculation and indexing
methodologies that will be imposed in an equitable and non-discriminatory
manner; and
WHEREAS, staff has thoroughly reviewed the calculations and findings,
concurs with the recommended changes to the Correctional Facilities 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.
***
(7) Correctional facilities: "Rate Study for Impact Fees for
Correctional Facilities for Collier COURty, Florida," prepared by
Henderson, Young & Company (April 26, 1999), as amended;
Correctional Impact Study, Collier County. Florida. prepared by
Duncan Associates (April 18. 2005). as amended; and
***
SECTION TWO. Article I, General definitions, Section 74-108, of the Collier
County Code of Laws and Ordinances is hereby amended to add the following
definition:
***
Other residential/nursin~ home shall mean any dwelling unit or group
quarters. other than single-family. detached residences. including apartments.
townhouses. condominiums. nursing homes. dormitories. fraternities. and
sororities. but not including hotels. motels. or similar short-term lodging facilities
or any governmental institutions.
***
SECTION THREE. Article III, Special Requirements for Specific Types of
Impact Fees, Section 74-308, Special requirements for Correctional impact fee.
of the Collier County Code of Laws and Ordinances is hereby amended to read as
foHows:
Section 74-308.
Special Requirements for Correctional impact fee.
***
(t) Impactfee rates. The correctional impact fee rate schedule incorporated
in schedule +1 is hereby adopted and the correctional impact fees
established in the correctional impact fee rate schedule are hereby
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Page 2 of 4
APPENDIX A
SCHEDULE FOUR: CORRECTIONAL FACILITIES IMPACT FEE
RATE SCHEDULE
Land Use Correctional Facilities Impact Fee Per DwelliRg Unit or
Sq uare Footage
ResideRtiah $117.98
Single-Family Detached $0.1026 per SQuare foot*
Other Residential/Nursing Home $0.0562 per SQuare foot**
Non-Residential:
Lodging
Hotel/ Motel
$0.2340 $0.3071 per square foot
NursiRg homeliRstitutioR
$0.0390 per square feot
MiseellaReel:ls resideRtial
$0.3237 per square foot
Medical
Hospital
$0.4914 $0.3260 per square foot
Commercial
Office
$1.32éO $0.2132 per square foot
Retail/Commercial/Recreation
$1.0920 $0.5426 per square foot
RestauranUBar /Lounge
$1.7043 $0.5426 per square foot
Industrial /Manufacturing
$0.0312 $0.0296 per square foot
Leisure/Outdoor
$0.5áI6 $0.5426 per square foot
Other MiseellaReol:ls
$l.46M per square foot
institutions
Church
$0.1170 $0.0832 per square foot
School/College
$0.1599 $0.7155 per square foot
Government/public buildings
$0.6708 $0.2335 per square foot
* The Correctional Facilities Impact Fee is capped based upon the fee applicable to a 4.000 SQuare
foot (living area) Single-Family Detached dwelling unit.
.. The Correctional Facilities Impact Fee is capped based upon the fee applicable to a 4.000
square foot (living area) Other Residential dwelling unit. The cap does not apply to the square
footae:e of Nursing Homes.
Underlined text is added; Struek IkFeugk text is deleted
Page 4 of 4
imposed on all development as required in this chapter at a rate
established under the applicable impact fee land use categories.
(g) Annual Mid-Cvcle Correctional Impact Fee Rate Indexing. Beginning on
November 1, 2005. the County shall commence a three-year Correctional
Impact Fee update cycle pursuant to Subsections 74-20l(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 November 1. 2006, the County
shall implement adiustments to the correctional impact fee rates based
upon the building cost index provided by the Engineering News-Record.
Mid-cycle indexed rate change adjustments will be adopted by a
Resolution of the Board pursuant to Subsection 74-20l(b) of this Chapter.
SECTION FOUR. CONFLICT AND SEVERABILITY.
In the event this Ordinance conflict~ 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 FIVE. INCLUSION IN CODE OF LAWS AND ORDINANCES.
The provisions in Sections One through Three 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-Iettered 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 SIX. EFFECTIVE DATE.
This Ordinance shall be effective November 1, 2005, subject to filing with
the Florida Department of State.
PASSED AND DUL Y ADOPTED by the Board of County
Commissioners of Collier County, Florida this ;)7#\ day of September, 2005.
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
Th's ordInance filed witn tne
Secretary of ,?t<?t~'s Qffic "
3 day of~ 20:5
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Page 3 of 4
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 2005-47
Which was adopted by the Board of County Commissioners
on the 27th day of September 2005, during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 29th
day of September, 2005.
DWIGHT E. BROCK ..,'" ".,
Clerk of CourtE(~·àhd~.ð·ê1îk
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Ex-officio t9'r'B'QCi,:r;¢!, of ....:::~.
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~o nty CO(it~.~'f~.~èrg,.,~. ..~,~., .oJ f~ 1,
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By: Michelle "6~~~~~'é'~(~~~: "
Deputy Clerk