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Ordinance 2005-66 ~,,"171¡i,. -, '.&~..... , , ~~ :: .. ~ \ \\' : (~ I ORDINANCE NO. 2005- 66 ~ ~,..... ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OJi' .~ LLIER COUNTY, _FLORIDA, AMENDING SCHEDULE TEN OF'\ ~l.... 18aeft"-.t#i. ÄPPENDIX A OF CHAPTER 74 OF THE COLLIER COUNTY COD$ OF.-,) LA WS AND ORDINANCES, AS AMENDED, THAT ORDINANCE B¥ING '\ THE COLLIER COUNTY CONSOLIDA TED IMPACT FEE ORDINANCE, NO. 2001-13, PROVIDING FOR THE INCORPORA TIÔN, BY REFERENCE, OF THE AMENDED IMPACT FEE STUDY ENTITLED "COLLIER COUNTY LAW ENFORCEMENT IMPACT FEÉ , . STUDY" DATED SEPTEMBER 15, 2005, REVISING THE LAW ENFORCEMENT IMPACT FEE RATE SCHEDULE, AS SET FORTH IN THE REVISED IMPACT FEE UPDATE STUDY TO REFLECT A CHANGE IN THE RESIDENTIAL LAND USE RATE FROM AN APPLIED FORMULA TO A TIERED SCHEDULE, THE PROPOSED RA TES BEING SPECIFIED IN REVISED SCHEDULE TEN OF APPENDIX A; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. ~ ,) , ..~-~ "".- - , --"" WHEREAS, on June 14, 2005, t~e Board of County Commissioners adopted Ordinance No, 2005-28, which amended Chapter 74 of the Collier County Code of Laws and Ordinances (the "Code"), known as the Collier County Consolidated Impact Fee Ordinance ("CIFO"), and established the Collier County Law Enforcement Impact Fee through the adopted impact fee report titled "Law Enforcement Impact Fee" dated May 25, 2005 (the "Fee Report") prepared by Tindale-Oliver and Associates, Inc. ("Consultant"); and WHEREAS, the Fee Report established the methodology for the calculation of the Law Enforcement Impact Fee and developed the appropriate and applicable impact fee rates; and WHEREAS, the Fee Report set forth a rate schedule for both new residential and new commercial construction; and WHEREAS, the rate of the adopted rate schedule, which is Schedule Ten of Appendix "A" of the CIFO and the Code, for residential land uses utilizes a formula to calculate the impact fee for a residential dwelling unit; and WHEREAS, Collier County staff has determined that the formula is extremely difficult to apply, both for staff and customers, resulting in calculation errors; and WHEREAS, the Consultant has prepared a revision to the Fee Report which changes the residential land use rate to a tiered residential fee schedule which is similar to the rate schedules for Transportation Impact Fees and Emergency Medical Services Impact Fees; and WHEREAS, the Consultant has determined that the revised rate schedule provides an equitable distribution of the impact fee and equitably distributes 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, having thoroughly reviewed Consultant's calculations and findings, staff concurs with the recommended changes to the Law Enforcement Impact Fee rate schedule, and recommends that the Board of County Commissioners adopt this Ordinance to implement these recommended changes to the applicable fee schedule; and WHEREAS, the Board of County Commissioners accepts the recommendations from staff. !1lli!crlincd text is addcd; ~flmttgfllcxl is dclctcd Office and Financial Office 50,000 sq ft or less Office 50,001-100,000 sq ft or less Office 100,001-200,000 sq ft or less Office 200,001-400,000 sq ft or less Office Greater than 400,000 sq ft Medical Office $107.89/1,000 sq ft $92.48/1,000 sq ft $78.78/1,000 sq ft $66.79/1 ,000 sq ft $60.80/1,000 sq ft $135.30/1 ,000 sq ft Retail Specialty Retail Retail 50,000 sq ft or less Retail 50,001-100,000 sq ft Retail 100,001-150,000 sq ft Retail 150,001-200,000 sq ft Retail 200,001-400,000 sq ft Retail 400,001-600,000 sq ft Retail 600,001-1,000,000 sq ft Retail greater than 1,000,000 sq ft Pharmacy/Drug Store w/Dri ve- Thru Home Improvement Superstore Quality Restaurant High Turnover Restaurant Fast Food Rest. w/Drive-Thru Gas/Service Station Quick Lube Supermarket Convenience Store Convenience Store w/Gas Convenience Store/Gas/Fast Food Auto Repair Tire Store New/Used Auto Sales Sel(Service Car Wash Bank/Savings: Walk-in Bank/Savings: Drive-in $167.83/1,000 sq ft $271.45/1 ,000 sq ft $255.18/1,000 sq ft $276.58/1 ,000 sq ft $259.46/1,000 sq ft $225.21/1,000 sq ft $233.77/1,000 sq ft $232.06/1,000 sq ft $203.80/1,000 sq ft $197.81/1,000 sq ft $224.35/1,000 sq ft $685.04/1 ,000 sq ft $733.85/1,000 sq ft $948.78/1,000 sq ft $209.79/Fuel Position $94. 19/Bay $194.38/1,000 sq ft $413.59/1,000 sq ft $599.41/Fuel Position $674.76/1,000 sq ft $337.38/1,000 sq ft $139.58/Bay $162.70/1,000 sq ft $166.98/Bay $188.39/1,000 sq ft $153.28/1,000 sq ft Industrial General Industrial Business Park Mi n i - Warehouse $53.09/1,000 sq ft $77.07/1,000 sq ft $5.99/1,000 sq ft fI+ THe iFflpaet fee for tHe r-esideRtial hæd 1:Ise is ealel:dated eased OR tHe f'ÛllowiR£ formula: ((1.0193 I (0.000265 x rsqUai6 footagel)) x 0.70 x $85.(3). ~He residential La,,',' EnføreemeRt IFR~aet Fee is oap~ed eased 1:I1'0R tAe fee aPl'lieaele to a 4,000 &quar~ foot dwølliRg unit wl1ioA equa]s $126.43. 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 he]d invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and inöependent provision and such holding shall not affect the validity of the remaining portions. Underlined text is added; Slrllel¡ IlifslIgh text is deleted Page 3 of 4 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. *** (10) Law Enforcement facilities: "Law ERforcement Impact Fee Report" dated May 25, prepared by Tindale Oliver and '^1ssociates, "Collier County Law Enforcement Impact Fee Study" dated September 15, 2005, prepared by Tindale- Oliver and Associates, Inc. as amended *** SECTION TWO. Schedule Ten of Appendix A of Chapter 74 of the Collier County Code of Laws and Ordinances is hereby amended to read as follows: SCHEDULE TEN: LAW ENFORCEMENT IMPACT FEE SCHEDULE Land Use Rate Residential Residentiat Based OR formula below H+ Maximum fee of $126.43 based on a -1,000 sq ft cap.-f;!t $83.05/dwelling unit $93.311dwelling unit $11O.88/dwelling unit Less than 1,500 square feet 1,500 to 2,499 square feet 2,500 square feet or more Manufactured Home $140.43/1,000sq ft Transient, Assisted, Group Hotel/Motel Nursing Home/ALF $48.81/Room $82.20/Bed Recreational Marina Golf Course Movie Theater with Matinee $ 14.56/Berth $1,801.66/18 Holes $463. 26/Screen Institutions Hospital Elementary School Middle School High School Jr.lCommunity College Uni versi ty/College Church Day Care Center $170.40/1 ,000 sq ft $7.71/Student $9.42/Student $10.28/Student $11.991Student $27040/Student $43.67/1,000 sq ft $4.28/Student Underlined text is added; Slrklsk IRÆJklgh texl is deleted Page 2of4 SECTION FOUR. INCLUSION IN CODE OF LA WS 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 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 FIVE. EFFECTIVE DATE. This Ordinance shall be effective subject to filing with the Florida Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida this ~ day of November, 2005. l r, f r' ", ATTEST ". ,:' '" 0" ',' DwightE~ Brºck, CJerk -:., BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA . ' ....-'... -\ " -. j By: By: Nw(".~ FRED W. COYLE, Cha~m AtteJt,.~ ~j)! s t gnÎtúfot-\'ori 1 J , Jeffr~A. K atzkow, Assis1nt C . nty Attorney Underlined text is added; Skuel¡ t/ueugll text is deleted Page 4 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 copy of: ORDINANCE NO. 2005-66 Which was adopted by the Board of County Commissioners on the 29th day of November 2005, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 1st day of December 2005. ,\("¡~;{S.~ DWIGHT E BRðcK "', 0/./ . . , " <-I') Clerk of Cou~~np.nd Cl.~~k Ex-officio~~~Boärª;of. ~ County CommÍ"S9ione.:rs) : '':; ~~:n'" ..."".~' 'J':~'ji~1\~:¡r Î\ nn ";);.1\. ~ -: '~ r-Ul. "c} , ",'... " ~.";;:' ' , -;I') , , . ',-,' B : Heidi R:-- &Wf~?#d-, _ , Deputy Cler'kt! ···-····'---__N~'.^"...»_.