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Ordinance 2006-09 ~ '\'3141576,> ,,"- ~ ... ~c?.l. ~ T \9 0) ~ ~ M~R 2006 \j. <D ~fU J::: ORDINANCE NO. 2006- 09 '" ~.. UW f:f RDINANCE OF THE BOARD OF COUNTY COMMISSIONERs O~ ~ 'l ~ LLIER COUNTY, FLORIDA, AMENDING SCHEDULE SEVEN OE0; eOE:tn;gtl:t APPENDIX A OF CHAPTER 74 OF THE COLLIER COUNTY COllE OF I LA WS AND ORDINANCES, THAT ORDINANCE BEING THE CO~LIE~ COUNTY CONSOLIDATED IMPACT FEE ORDINANCE, NO. 2001-13':>:: AS AMENDED, PROVIDING FOR THE IN CORPORA TIONi:~BY'~~ REFERENCE, OF THE IMPACT FEE STUDY ENTITLED hCOu:.!ER;;; COUNTY EMERGENCY MEDICAL SERVICES IMPACT FEE S~y-J UPDA TE"; AMENDING THE EMERGENCY MEDICAL SERVICES IMPACT FEE RATE SCHEDULE, AS SET FORTH IN THE IMPACT FEE UPDA TE STUDY; EST ABLISHING AN ANNUAL MID-CYCLE INDEXING FOR THE EMERGENCY MEDICAL SERVICES IMPACT FEE RATES; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR ADELA YED EFFECTIVE DA TE OF APRIL 3, 2006. ,-._"..;.Il. ':. ,'~ WHEREAS, on June 27, 2000, the Board of County Commissioners adopted Ordinance No. 2000-4~, amending the Collier County Emergency Medical Services Impact Fee Ordinance, thereby establishing the County's then applicable Emergency Medical Services 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 Courtty Code of Laws and Ordinances (the "Code"), and incorporating the aforementioned Emergency Medical Services Impact Fee rates that had been established by the adoption of Ordinance No. 2000-48; 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 Tindale-Oliver and Associates, Inc. (the "Consultant") to review the existing Emergency Medical. Services Impact Fees and recommend changes to the fees where appropriate; and WHEREAS, the Consultant has prepared an impact fee study, entitled "Collier County Emergency Medical Services Impact Fee Study Update," dated January 6,2006 (hereinafter 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 Emergency Medical Services Impact Fee rate schedule, as set forth in Schedule Seven of Appendix "An of Chapter 74 of the Collier County Code of Laws and Ordinances; and WHEREAS, the Study also recommends establishing the proposed impact fee rates in order to more equitably distribute the costs of acquiring public Underlined text is added; Struell threllgn text is deleted 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 Consultant has 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 Emergency Medical Services 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 Cod~ of Laws and Ordinances is hereby amended to read as follows: Section 74-106. Adoption of impact fee studies. *** (5) Emergency medical services: Emergency Medical Services Development Impact Fee Updated Study, Collier CouRty, Florida," prepared by Growth Management Analysts, Inc. (June 27, 2000) "Collier County Emergency Medical Services Impact Fee Study Update," prepared by Tindale-Oliver and Associates, Inc. (January 6, 2006); *** SECTION TWO. Article II, Impact Fees, Section 74-201, Imposition of impact fees, of the Collier County Code of Laws and Ordinances is hereby amended to read as follows: *** (b) Impact fee rates. The board hereby adopts the impact fee rates incorporated by reference in sections 74-302 through 71 309 74- 311, inclusive, and as set forth in schedules 1 through & 10, inclusive, appended hereto as appendix A, which shall be imposed upon all development occurring within the county. These rates may be changed form time-to-time by resolutions of the board, provided the board holds a public hearing with regard to the schedule amendments. *** SECTION THREE. Article III, Special Requirements for Specific Types of Impact Fees, Section 74-306, Same - Emergency medical services impact fee, of Underlined text is added; 8tFUek dHellgk text is deleted Page 2 of6 the Collier County Code of Laws and Ordinances is hereby amended to read as follows: Section 74-306. Same - Emergency medical services impact fee. *** (f) Impact fee rates. The emergency medical services impact fee rate schedule incorporated in schedule ~ 1 is hereby adopted and the emergency medical services impact fees established in the emergency medical services 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. (f!) Annual Mid-Cvcle Emerf!encv. Medical Services Impact Fee Rate Indexinf!. Beginning on February 28. 2006 the County shall commence a three-year Emergency Medial Services 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 April 1. 2007. the County shall implement adiustments to the emergency medical services impact fee rates through adiustments to land. building. and equipment costs based on iust property values published by the Collier County Property Appraiser's Office. building cost index published by the Engineering- News Record. and the Consumer Price Index published by the U.S. Department of Labor. Bureau of Labor Statistics as specified in the impact fee update study. Mid-cycle indexed rate change adiustments shall be adopted by a Resolution of the Board pursuant to Subsection 74-201.b. of this Chapter. SECTION FOUR. 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 FIVE. INCLUSION IN 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-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 April 3, 2006, subject to filing with the Underlined text is added; SlFlIell tl'IF911gll text is deleted Page 3 of6 Florida Department of State. PASSED AND DUL Y ADOPTED by the Board of County Commissioners of Collier County, Florida this a~~ day of f-ebfl,Hlrj_, 2006. ATTEST Dwight E. Brock, Clerk BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA ..~~' C~/11 ~-"" .r,"""~".'''.~' ., ~' .. ~.!'~., ';':".>,. ". ::"'l;.c t.... ..'" , B ) ',,'. ' . ~. " h' .~. . , . ,Jttlit 'S t~itlf(f~1,eik . l1autwe, ~lJ./ .../..) ',(. :.;.' -1 . (, I' .' .," ..... ,;)1. , ~4:.aG --'" By: Frank Halas, Chairman ctency: ThB ordf1"ltlf'lte filed with the Secretory of ~fice the ~ doy of 2CSClc ondCJckndwledgement (. that filin received this day of ~ Underlined text is added; Strliek lIHeligll text is deleted Page 4 of 6 APPENDIX A SCHEDULE SEVEN: EMERGENCY MEDICAL SERVICES IMPACT FEE RATE SCHEDULE Impact Fee Land Use Category Residential: Single Family Less than 1,500 square feet 1,500 to 2,499 square feet 2,500 square feet or more Muhi Family Less than 1,500 square feet 1,500 to 2,499 square feet 2,500 square feet or more Me&ile Heme Less than 1,599 square feet 1,500 to 2,499 square feet 2,500 square feet or more NeB Residential; Transient, Assisted, Group: Hotel! Motel Nursing home Recreational: Marina Golf Course Movie Theater with Matinee Institutions: Hospital Elementary School Middle School High School Junior/Community College University/College Church Day Care Center Office and Financial: Office 50,000 sq. ft. or less Office 50,001 - 100,000 sq. ft. Office 100,001 - 200,000 sq. f1. Office 200,001 - 400,000 sq. ft. Office greater than 400,000 sq. ft. Medical Office Retail (Grass Leasable 1'.rea) Gross Square feet 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 over 1,000,000 sq. ft. Pharmacy/Drug Store w/Drive- 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 Can-veaienee Stere/Gas/Fast Feed Auto Repair Impact Fee Rate $W-:OO $100.59 per dwelling unit $104.00 $112.04 per dwelling unit $130.00 $122.67 per dwelling unit $93.90 per Gv/elliRg lHlit $104.00 }ler d'.velling uait $130.00 }ler dwelling unit $93.00 }ler dVlellmg lHlit $104.00 per dwelling unit $130.00 per dwelling unit ~$46.61 per room $+7.00 $78.51 per bed $.l-l-:OO $16.36 per berth $8,120.00 $4.730.97 per 18 holes $741.00 $703.31 per screen $126.09 $134.94 per 1,000 square feet $-l-&,OO $4,91 per student ~ $5.72 per student ~ $6.54 per student $.l-l-:OO $4.91 per student $U:OO $10.63 per student $J4,OO $46.61 per 1,000 square feet $-l-9.OO $4.91 per student m..oo $136.57 per 1,000 square feet $+l.OO $105.50 per 1,000 square feet ~ $89.96 per 1,000 square feet ~ $76.87 per 1,000 square feet w.oo $65.42 per 1,000 square feet $104.00 $141.48 per 1,000 square feet $197.90 $122.67 per 1,000 square feet $2HH10 $234.71 per 1,000 square feet $197.99 $215.08 per 1,000 square feet $213.99 $191.37 per 1,000 square feet $290.90 $233.07 per 1,000 square feet $173.90 $204.45 per 1,000 square feet $179.00 $208.54 per 1,000 square feet $177 .00 $208.54 per 1,000 square feet $156.00 $170.92 per 1,000 square feet $134.00 $153.75 per 1,000 square feet $1&3.00 $145.57 per 1,000 square feet $32&.00 $553.65 per 1,000 square feet $572.00 $579.82 per 1,000 square feet $731.00 $715.58 per 1,000 square feet $162.00 $161.92 per fuel position m.,oo $94.86 per service bay $209.(;)0 $166.01 per 1,000 square feet $319.00 $346.75 per 1,000 square feet $335.0Q $355.74 per fuel ptIfRp position $47UIQ per 1,OQQ sEfuare feet $260.QO $260.88 per 1,000 square feet I Underlined text is added; Swell "'religll text is deleted Page 5 of6 APPENDIX A SCHEDULE SEVEN: EMERGENCY MEDICAL SERVICES IMPACT FEE RATE SCHEDULE -continued Impact Fee Land Use Category Impact Fee Rate Tire Store $356.99 $127.58 per 1,099 sEfWlr8 feet service bay $141.00 $141.48 per 1,000 square feet $129.00 $154.56 per service bay $121.00 $210.17 per 1,000 square feet $106.00 $169.28 per 1,000 square feet New and Used Car Sales Self Service Car Wash Bank/Savings Walk-in Bank/Savings Drive-in Industrial: General Industrial Business Park Mini-warehouse $4hOO $56.43 per 1,000 square feet $98.00 $81.78 per 1,000 square feet ~ $5.72 per 1,000 square feet Underlined text is added; StNel( tkreligk text is deleted Page 60f6 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 2006-09 Which was adopted by the Board of County Commissioners on the 28th day of February, 2006, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 2nd day of March, 2006. DWIGHT E. BROCK Clerk of Courts and Clerk Ex-officio to Board of County Commissioners , .J ~ . _ ;D~ - ,~ .. " i t' .- . .) l~' }-: j -~ ~ - \ ". .4."