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Ordinance 2006-18 \1-3458>. ~ " 8"O~ I C-Ill.fJ ~ ~ w ORDINANCE NO. 2006- 18 \ 1H1\~ ~ DINANCE OF THE BOARD OF COUNTY COMMISSIONER~ ! ~4? IER COUNTY, FLORIDA, AMENDING SCHEDULE EIGH~F, ;g ~~J.'ZO't ENDIX A OF CHAPTER 74 OF THE COLLIER COUNTY COD~ r;; . . , LA WS AND ORDINANCES, THAT ORDINANCE BEING THE COLL'ftR COUNTY CONSOLIDATED IMPACT FEE ORDINANCE, NO. 2001'='13, ;:,,: AS AMENDED, PROVIDING FOR THE INCORPORA TION, 'i.!f 0 REFERENCE, OF THE IMPACT FEE STUDY ENTITLED "COLLI~-. ;;, COUNTY LIBRARY FACILITIES AND ITEMSIEQUIPMENT IMPA~'i ......1 FEE UPDATE"; AMENDING THE LIBRARY IMPACT FEE RATE SCHEDULE, AS SET FORTH IN THE IMPACT FEE UPDATE STUDY; UPDATING THE ANNUAL MID-CYCLE INDEXING FOR THE LIBRARY IMPACT FEE RATES; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LA WS AND ORDINANCES; AND PROVIDING FOR ADELA YED EFFECTIVE DATE OF JUNE 12, 2006. '-'n" Ii -- '-;r--~'- 'i"f1 1:::l 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 23, 2004, the Board of County Commissioners adopted Ordinance No. 2004-21, amending the Collier County Consolidated Impact Fee Ordinance, thereby establishing the County's then applicable Library Impact Fee rates; and WHEREAS, in compliance with Section 74-305(g) of the Code, on June 28, 2005, the Board of County Commissioners adopted Ordinance No. 2005-33 which applied the Library Impact Fee rate indexing in accordance with the prescribed methodology and corrected a previous credit calculation error, thereby establishing the rates that are currently in effect; and WHEREAS, Collier County has experienced rapid and dramatic increases in the cost of construction and property acquisition, well above the national average, since Ordinance No. 2005-33 was adopted; 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, Incorporated (the "Consultant"), to review the existing Library Impact Fees and recommend changes to the fees where appropriate; and WHEREAS, the Consultant has prepared an impact fee study, entitled "Collier County Library Facilities and Items/Equipment Impact Fee Update," dated April 4, 2006 (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 Library Impact Fee rate schedule, as set forth in Schedule Eight of Appendix "A" 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 facilities based upon a rational Underlined text is added; Slll~ek tltfeuglt text is deleted nexus relating costs incurred by fee payers to infrastructure impacts created by residential land uses; and WHEREAS, the Consultant has reviewed and updated 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 Library 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. *** (4) Library facilities: "Collier County Library Facilities and Items/Equipment Impact Fee Update" prepared by Tindale-Oliver and Associates, Inc. (March 4, 2004 with revisions in April 2005 April 4. 2006); *** SECTION TWO. Article III, Special Requirements for Specific Types of Impact Fees, Section 74-305, Same - Library impact fee, of the Collier County Code of Laws and Ordinances is hereby amended to read as follows: Section 74-305. Same - Library impact fee. *** (g) Annual mid-cycle gCl'lcr'6l1 gevemfflCl'lt library impact fee rate indexing. Beginning on May 1, 2004 the County shall commence a three-year Library System Impact Fee update cycle pursuant to Subsections 74-201(b) and 74-502(a) of the Code. In each of the t',Vo mid cycle years (between the formal three year updates) beginning eOn or about May 1, 2005, of each of the two mid-years between updates, the County shall implement adjustments to building costs based upon the building cost index provided by the Engineering News-Record and weighted as {H- 60 percent of the index... plus the library items costs, based on the Consumer Price Index for the Miami-Ft. Lauderdale area provided by the Bureau of Labor Eeonomics Statistics, weighted as 3-9 27 percent of the index, plus the ten-year trend for market values of countywide land (including buildings and structures) published by the Collier County Property Appraiser's Office. weighted as 13 percent of the index. Mid-cycle indexed rate change adjustments will be adopted by a resolution of the board pursuant to subsection 74-201(b) of this chapter. 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 held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a Underlined text is added; Stmek tltfeuglt text is deleted Page 2 of 4 separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portions. SECTION FOUR. 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- 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 FIVE. EFFECTIVE DATE. This Ordinance shall be effective June 12, 2006, subject to filing with the Florida Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida this .~5M- day of hprl \ ,2006. ATTEST Dwight E. Breck,.~lerk BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA '. ,.Qc , Deputy Clerk Attest a. to eM t,.. I .1 en.turt Oft 1.. By: ~>~/ FRANK HALAS, Chairman Underlined text is added; Struel( IltFBlIglt text is deleted This ordinance fi led with the ~tory of !Ef O~' day of ,~ a.n.d ackno.wie geme?t ,9f that fill received this ~ day of , B' f\() 1/llLC Page 3 of 4 APPENDIX A SCHEDULE EIGHT: LIBRARY SYSTEM: IMPACT FEE RATE SCHEDULE Land Use Category Impact Fee Rate Residential LaRd U set Residential $180.89 per 1,000 square feet (Maximl:lm fee of $723.56)* *The Library System Impaet Fee is capped based upon the fee applicable to a 1,000 square foot dwelling unit. Simde-Familv Detached: Less than 1.500 square feet $460.23 per dwelling unit 1.500 to 2.499 square feet $506.25 per dwelling unit 2.500 square feet or more $548.59 per dwelling unit Multi-Familv $368.18 per dwelling unit Mobile Home $454.70 per dwelling unit Underlined text is added; SlfIlell tltreuglt 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 and correct copy of: ORDINANCE 2006-18 Which was adopted by the Board of County Commissioners on the 25th day of April, 2006, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 27th day of April, 2006. DWIGHT E. BROCK ."" ,"\' Clerk of Court~ 'a:n,d.C.Y~k Ex-officio to Boa:rd of ,> County Commis~"iq..t1ers-::. ~. (K.C1~;.DC ij) Heidi R. R'dckheld.;' '. .~ I- ....' .J , Deputy Clerk