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Agenda 06/23/2009 Item #17B Agenda Item No. 178 June 23, 2009 Page 1 of 10 EXECUTIVE SUMMARY Recommendation that the Board of County Commissioners adopts an Ordinance amending "Schedule Four" of" Appendix A" of Chapter 74 of the Collier County Code of Laws and Ordinances (The Collier County Consolidated Impact Fee Ordinance) by providing for an amendment to Ordinance No. 2009-24 to correct a scrivener's error in the Correctional Facilities Impact Fee Rate Schedule OBJECTIVE: That the Board of County Commissioners (Board) adopts an Ordinance amending "Schedule Four" of "Appendix A" of Chapter 74 of the Collier County Code of Laws and Ordinances (The Collier County Consolidated Impact Fee Ordinance) by providing for an amendment to Ordinance No. 2009-24 to correct a scrivener's error in the Correctional Facilities Impact Fee Rate Schedule. CONSIDERATIONS: On May 12, 2009, the Board adopted Ordinance No. 2009-24, which amended Chapter 74 of the Collier County Code of Laws and Ordinances (Code) by adopting the "Collier County Correctional Facilities Impact Fee Update" and providing for the phased implementation of the revised impact fee rates with effective dates of August 11,2009, for Phase 1 and February 14, 2010, for Phase 2. Staff has since identified a scrivener's error in "Schedule Four" of "Appendix A", which is the "Correctional Facilities Impact Fee Rate Schedule," that inadvertently labeled the rate for "Restaurant - High Turnover" and "Restaurant - Quality" as a rate per 1,000 square feet rather than as a rate per seat, as set forth in the impact fee update study and that was otherwise intended and made part of the public hearing. This scrivener's error ordinance makes the necessary correction to the rate schedule. FISCAL IMPACT: There is no fiscal impact associated with this request. The infonnation provided during the public hearing (May 12, 2009) related to revenue projections, funding shortfalls, etc., included the correct calculation for this category. The Phase 1 Correctional Facilities Impact Fee rate schedule represents a 25% reduction from the fees proposed in the adopted study, as directed by the Board of County Commissioners. The full fees, as proposed by the adopted study, become effective on February 14, 2010 (Phase 2 schedule). GROWTH MANAGEMENT IMPACT: Impact Fees generate funds to be expended for capital improvements to public facilities necessitated by growth, 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 gro'Wth." LEGAL CONSIDERATIONS: This proposed Ordinance was reviewed by the County Attorney and is legally sufficient for Board action. This a regular agenda item requiring simple majority vote. - JAK Agenda Item No. 178 June 23,2009 Page 2 of 10 RECOMMENDATION: That the Board of County Commissioners adopts an Ordinance amending "Schedule Four" of "Appendix A" of Chapter 74 of the Collier County Code of Laws and Ordinances (The Collier County Consolidated Impact Fee Ordinance) by providing for an amendment to Ordinance No. 2009-24 to correct a scrivener's error in the Correctional Facilities Impact Fee Rate Schedule. Prepared by: Amy Patterson, Impact Fee and Economic Development Manager Business Management and Budget Office, CDES ,- Item Number: Item Summary: Meeting Date: Page I of I Agenda Item No. 178 June 23, 2009 Page 3 of 10 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 17B Recommendation that the Board of County Commissioners adopts an Ordinance amending Schedule Four of Appendix A of Chapter 74 of the Collier County Code of Laws and Ordinances (The Collier County Consolidated Impact Fee Ordinance) by providing for an amendment to Ordinance No. 2009-24 to correct a scriveners error in the Correctional Facilities Impact Fee Rate Schedule 6/23/200990000 AM Prepared By Amy Patterson Community Development & Environmental Services Impact Fee Manager Date Financial Admin. & Housing 6/5/2009 11 :37:31 AM Approved By Judy Puig Community Development & Environmental Services Operations Analyst Community Development & Environmental Services Admin. Date 6/8/2009 9:22 AM Approved By Joseph K. Schmitt Community Development & Environmental Services Community Development & Environmental Services Adminstrator Date Community Development & Environmental Services Admin. 6/11/20092:44 PM Approved By Jeff Klatzkow County Attorney County Attorney County Attorney Office Date 6/11/20095:21 PM Approved By OMB Coordinator County Manager's Office OMB Coordinator Date Office of Management & Budget 6/12/2009 8:29 AM Approved By Susan Usher County Manager's Office Senior Management/Budget Analyst Office of Management & Budget Date 6/15/2009 1 :06 PM Approved By Leo E. Ochs, Jr. Board of County Commissioners Deputy County Manager Date County Manager's Office 6/15/2009 7:24 PM file://C:\AgendaTest\Export\132-June%2023.%202009\ 17.%20SUMM A RY%20AGFNDA \.. n/17 nooe) Agenda Item No. 17B June 23, 2009 Page 4 of 10 ORDINANCE NO. 2009 - AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING "SCHEDULE FOUR" OF "APPENDIX A" OF CHAPTER 74 OF THE COLLIER COUNTY CODE OF LAWS AND ORDINANCES (THE COLLIER COUNTY CONSOLIDA TED IMPACT FEE ORDINANCE) BY PROVIDING FOR AN AMENDMENT TO ORDINANCE NO. 2009-24 TO CORRECT A SCRIVENER'S ERROR; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; PROVIDING FOR CONFLICT AND SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on May 12, 2009, the Board of County Commissioners adopted Ordinance No. 2009-24, amending Chapter 74 of the Collier County Code of Laws and Ordinances, the Collier County Consolidated Impact Fee Ordinance, as amended, by adopting the "Collier County Correctional Facilities Impact Fee Update" and amending the impact fee rates, through a phased implementation, with effective dates of August 11, 2009, for Phase 1 and February 14, 2010, for Phase 2; and WHEREAS, following said action adopting Ordinance No. 2009-24, it was determined that "Schedule Four" of "Appendix A", which is the "Correctional Facilities hnpact Fee Rate Schedule," inadvertently labeled the rate for "Restaurant - High Turnover" and "Restaurant - Quality" as a rate per 1,000 square feet rather than as a rate per seat, as set forth in the impact fee update study and that was otherwise intended and made part of the public hearing and therefore constitutes a scrivener's error. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that SECTION ONE. SCRIVENER'S ERROR AMENDMENT TO "APPENDIX A", SCHEDULE FOUR, CORRECTIONAL FACILITIES IMPACT FEE RATE SCHEDULE, OF ORDINANCE NO. 2009-24. Schedule Four, Correctional Facilities Impact Fee Rate Schedule, of "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. Page 1 0[2 Underlined text is added; struok through text is deleted. Agenda Item No. 178 June 23, 2009 Page 5 of 10 SECTION TWO. CONFLICT AND SEVERABILITY. In the event this Ordinance conflicts with any other Ordinance of Collier County or any 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 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 Ordinances may be re-numbered or re-lettered to accomplish such, and the word "ordinance" may be changed to "section," "article," or any other appropriate word. SECTION FOUR: EFFECTIVE DATE. The effective date of the Phase 1 rate schedule shall be delayed to August 11, 2009 and the effective date of the Phase 2 rate schedule shall be delayed to February 14,2010. PASSED AND DULY ADOPTED by majority vote of the Board of County Commissioners of Collier County, Florida, this _ day of ,2009. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: By: , Deputy Clerk DONNA FIALA, Chairman Page 2 of2 Underlined text is added; stR:lek threagh text is deleted. - Agenda Item No. 17B June 23, 2009 Page 6 of 10 APPENDIX A - SCHEDULE FOUR CORRECTIONAL FACILmES (JAIL) IMPACT FEE RATE SCHEDULE Phase 1 - August 11, 2009 Impltt Fee Land Use Cateeory Rate Residential Mobile HomeIRV tie-down Multi-Family Single Family Less than ],500 sq. ft. 1,500 10 2,499 sq. ft. 2,500 sq. ft. or larger $281. 11 $190.61 Per Dwelling Unit/Site Pcr Dwelling Unit $334.77 $368.81 $404.75 Per Dwelling Unit Per Dwclling Unit Per Dwelling Unit Non-Residential Assisted Living Facility Auto Sales (New/Used) Bank/Savings: Drive-In Bank/Savings: Walk-In Business Park Car Wash. Self.Service Car Wash - Automated Church Collcge/University (Private) <7,501 >7,500 Convenience Store (24 hours) Convenience Store w/Oas Pumps Day Care Furniture Store Gasoline/Service Station $157.88 Per Dwelling Unit $329.24 Per 1,000 sq. ft. $456.32 Per ] ,000 sq. ft. $494.83 Per 1,000 sq. ft. $190.61 Pcr 1,000 sq. ft. $117.45 Per Service Bay $309.99 Per 1,000 sq. ft. $109.75 Per 1,000 sq. ft. $]9.25 Per Student 513.48 Per Studcnt $1,053.20 Per 1,000 sq. ft. $1,122.5] Per Fuel Position $9.63 Per Student $46.21 Per 1,000 sq. ft. $381.23 Pcr Fuel Position Underlined text is added; Snak 1IIreagll ten is deleted J Agenda Item No. 17B June 23, 2009 Page 7 of 10 Golf Course $3,742.98 Per 18 Holes Home Improvement Store $342.72 Per 1,000 sq. ft. Hospital $317.69 Per 1,000 sq. ft. Hotel $152.11 Per Room Industrial - General Light $132.86 Per 1,000 sq. ft. Luxury Auto Sales $213.72 Per 1,000 sq. ft. Marina $36.59 Per Bcrth Mini-Warehousc $13.48 Per 1,000 sq. ft. Motel $144.41 Per Room Movie Theater $1,151.39 Per Screen Nursing Home $138.63 Per Bed Office 50,000 sq. fl or less $273.41 Per 1,000 sq. fl Office 50,001-100,000 sq. ft. $248.38 Per 1,000 sq. fl Office 100,001-200,000 sq. ft. $211.79 Per 1,000 sq. fl Office 200,001-400,000 sq. ft. $180.99 Pcr 1,000 sq. ft. office Greater than 400,000 sq. ft. $1 S4.04- Per 1,000 sq. ft. Office - Medical $331.17 Per 1,000 sq. ft. PharmacylDrog Store $371.60 Per 1,000 sq. ft. Quick Lube $223.35 Per Service Bay RV Parle $103.97 Pcr Site Restaurant - Fast Food wlDrivc-In $1,734.79 Pcr 1,000 sq. ft. Restaurant - High Turnover $S 1.98 Pcr 1,900 sEI. A. .SAt Restaurant. Quality $42.36 Per 1,900 sEI. ft. g Retail SO,OOO Sq. Ft or Less $471.72 Per 1,000 sq. ft. Retail SO,ool-100,OOO Sq. Ft $S06.38 Per 1,000 sq. ft. Retail 100,001-150,000 Sq. Ft. $450.54 Per 1,000 sq. ft. Retail 150,001-200,000 Sq. Ft. $S48.74 Per 1,000 sq. ft. RctaiI200,OOI-400,OOO Sq. Fl $481.3S Per 1,000 sq. ft. Retail 400,001-600,000 Sq. Fl $490.98 Per 1,000 sq. ft. RctaiI600,OOI-I,ooo,ooo Sq. Ft. $490.98 Per 1,000 sq. ft. Retail >1,000,000 Sq. Ft. $402.41 Per 1,000 sq. ft. Retail - Specialty $325.40 Pcr 1,000 sq. ft. Sebool - Elementary (private) $11.55 Pcr Student Sebool - Middle (Private) $13.48 Per Student Scbool- High School (private) $15.41 Per Student Supermarket $394.71 Per 1,000 sq. ft, Tire Store $258.00 Per Service Bay Underlined text is added; EIN. 1hreugll text is deleted , Agenda Item No. 178 June 23, 2009 Page 8 of 10 APPENDIX A - SCHEDULE FOUR CORRECJ'IONAL FACILITIES (JAIL) IMPACT FEE RATE SCHEDULE Pbase:Z - Effective February 14, 2010 Impact Fee Land Use Category Rate Residential Mobile HornclRV tic-down 5374.81 Per Dwelling UnitlSite Multi-Family $254.15 Per Dwelling Unit Single Family Less than 1,500 sq. ft. $446.36 Per Dwelling Unit 1,500 to 2,499 sq. ft $491.75 Per Dwelling Unit 2,500 sq. ft or larp $539.67 Per Dwelling Unit NOII-Raide.tial Assisted Living Facility 5210.51 Per Dwell~ Unit Auto Sales (NewlUscd) 5438.99 Per 1,000 sq. ft BanklSavings: Drive-In 5608.43 Per 1,000 sq. it BanklSavings: Walk-In $659.77 Per 1,000 sq. it Business Park $254. IS Per 1,000 sq. it Car Wash - Self-Service $156.60 Per Service Bay Car Wash. Automated $413.32 Per 1,000 sq. it ChUTch $146.33 Per 1,000 sq. it CollegelUnivcrsity (private) <7,50 1 $25,67 Per Student >7,500 $17.97 Per Student Convenience Store (24 hours) $1,404.26 Per 1,000 sq. ft. Convenience Store w/Gas Pwnps $1,496.68 Per Fuel Position Day Care $12.84 Per Student FumitureStore $61.61 Per 1,000 sq. it GasolinelService Station $508.31 Per Fuel Position Golf Course $4,990.64 Per 18 Holes Underlined text is added; SlnI8I( wellgll text is dclclcd Agenda ~ J June 23,2009 Page 9 of 10 Home Improvement Store $456.96 Per 1,000 sq. ft. Hospital $423.59 Per 1,000 sq. ft. Hotel 5202.81 Per Room Industrial - General Light $177.14 Per 1,000 sq. ft. Luxwy Auto Sales $284.96 Per 1,000 sq. ft. Marina $48.78 PerBcrth Mini-Warehouse $17.97 Per 1,000 sq. ft. Mold $192.54 Per Room Movie Theater $1,535.19 Per Screen Nursing Home $1!l4.84 Per Bed Office 50,000 sq. ft. or less $364.54 Per 1,000 sq. ft. Office 50,001-100,000 sq. ft. $331.17 Per 1,000 sq. ft. Office 100,001-200,000 sq. ft. $282.39 Per 1,000 sq. ft. Office 200,001-400,000 sq. ft. $241.32 Per 1,000 sq. ft. Office Greater than 400,000 sq. ft. $205.38 Per 1,000 sq. ft. Office - Medical $441.S6 Per 1,000 sq. ft. PhannacylDrug Store $49S.47 Per 1,000 sq. ft. Quick Lube $297.80 Per Service Bay RV Park $138.63 Per Site Restaurant - Fast Food wlDrive-ln $2,313.05 Per 1,000 sq. ft. Restaurant - High Turnover 569.31 , Per 1,900 sq. ft. SlIt Restaurant - Quality 556.48 Per 1,goP 911. ft. mil Retail 50,000 Sq. Ft or Less $628.96 Per 1,000 sq. ft. Retail 50,001-100,000 Sq. Ft $675.17 Per 1,000 sq. ft. Retail 100,001-150,000 Sq. Ft. $600.72 Per 1,000 sq. ft. Retail I SO,OO 1-200,000 Sq. Ft. $731.65 Per 1,000 sq. ft. Rctail200,001-400,OOO Sq. Ft. $641.80 Per 1,000 sq. ft. Retail 400,001-600,000 Sq. Ft. $654.64 Per 1,000 sq. ft. Retail 600,001-1,000,000 Sq. Ft. $654.64 Per 1,000 sq. ft. Retail >1,000,000 Sq. Ft $536.54 Per 1,000 sq. ft. Retail. Specialty $433.86 Per 1,000 sq. ft. School - Elementary (private) $15.40 Per Student School - Middle (private) $17.97 Per Student School - High School (private) $20.54 Per Student Supermarket $526.28 Per 1,000 sq. ft. Tire Store $344.00 Per Service Bay Underlined text is added; SlnIlIk IllreuBh text is deleted .., Agenda Item No. 178 June 23, 2009 Page 10 of 10 2F Friday, June 12, 2009 1- NOTICE OF INTENT TO, CO~SIDER ORDINANCE Notice is hereby given that on Tuesdayt' June 23: 2009J In the Boardroom, 3rd Floor, Administration Builolng, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida, the Board of County Commissioners will consider the enactment of a County Ordinance. The meeting will com. mence at 9:00 A.M. The title of the proposed Ordi. nance is as follows: AN ORDINANCE OF THE BOARD OF COUNTY COM- MISSIONERS OF COLLIER" COUNTY, FLORIDA, AMENDING "SCHEDULE FOUR" OF "APPENDIX AM OF CHAPTER 74 OF THE COLLIER" COUNTY CODE OF 'LAWS AND ORDINANCES ~(THE COLLIER COUNTY CONSOLIDATED IMPACT FEE ORDINANCE) BY PRO- VIDING FORAN 'AMENDMENT TO ORDINANCE NO. 2009-24 TO CORRECT, A SCRIVENER'S ERROR; PRO. VIDING FOR INCLUSION IN THE CODE OF LAWS AND 'ORDINANCES; PROVIDING FOR CONFLICT AND, SEVE- RABILITY; AND PROVIDING AN EFFECTIVE DATE. '" " Copies of the proposed Ordinance are on file with the Clerk to the Board and are available for inspec- ' tion. All interested parties are Invited to attend and be heard. , NOTE: All persons wishing to speak on any agen. da item must register with the County administra. tor prior to presentation of the a~enda item to be addressed. Individual speakers wIll, be limited to 5 minutes on any item. The selection of an individual to speak on De half of an organization or group is encouraged. If retognlzed' by .the Chairman,i,a spokesperson for a group or orga.nlzation rilay be allotted 10 minutes to speak on an Item.. ' Persons wishing to have written or graphic materi- als included in' the Board agenda packets must submit said material a minimum of3 weeks prior to the respective public hearing. In ,any case, written materials intended to be considered by the Board shall be submitted to. the appropriate County staff a minimum (If seven days prior to the public hear. ing. All material used 10 presentations before the Board will become a perman~ntpart of the record~,. _,- Any person who deCides to appeal a decision of the Board will need a record of the proceedings pertaining thereto and therefore, !)lay need to ,en'" sure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal 1$ based. 'If you are a perso~ ~ith a dlsablJity who needs any accommodation In order to partiCipate in this pro- 'ceeding; you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier Cou'nty Facilities Management Dep'artment, located at 3301 Tamiaml Trail East, BUilding W, - Naples, Florida 34112, (239) 252-8380. Assisted lis. tening devices for the hearing impaired are avail.: able in the County Commissioners' O,ffi;e. ' >, BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY. FLORIDA DONNA FIALA, CHAIRMAN DWIGHT E. BROCK, CLERK By: Martha Vergara, Deputy Clerk (SEAL) Junp l' ,noq . No18030'O