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Agenda 12/01/2009 Item #17C Agenda Item No. 17C December 1, 2009 Page 1 of 10 EXECUTIVE SUMMARY Recommendation to adopt an Ordinance amending the Collier County Consolidated Impact Fee Ordinance, Ordinance No. 2001-13, as amended, to incorporate a provision clarifying the imposition of Water and Sewer Impact Fees on geographic areas within the Collier County Water-Sewer District until such a time when connection to the regional water and/or sewer system is anticipated within a ten-year period as identified by the most current Public Utilitics Water and Wastewater Master Plan Updates and the Annual Update and Inventory Report. OBJECTIVE: That the Board of County Commissioners (Board), as ex-officio governing Board of Collier County Water-Sewer District, adopt an amendment to Ordinance No. 2001-13, as amended, to exempt payment of Water and Sewer Impact Fees, during the normal land development process, from geographic areas that have no foreseeable potential to be provided with potable water and/or sewer services by the Collier County Water-Sewer District (District) within ten years as identified by the most current Public Utilities Water and Wastewater Master Plan Updates and the Annual Update and Inventory Report. -- CONSIDERATIONS: On November 18, 2008, during its regular meeting under Agenda Item 6A Public Petition, the Board directed staff to review the existing Water-Sewer District boundaries to determine those geographic areas the District planned to provide with potable water and sewer services within the next ten years. The intent of the review was to determine those areas that could be added to the geographic arcas currently identified in the Collier County Consolidated Impact Fee Ordinance, Ordinance number 2001-13, Section 74-303 (C) I "Limitation on Applicability," as cxpressly excluded from the imposition of Water and Sewer Impact Fees until such time those Developments are within ten years of being connected to the Regional Water and/or Sewer Systems as identified by the most current Public Utilities Water and Wastewater Master Plan Updates and the Annual Update and Inventory Report. Through a review of the District's current boundaries, in-place water distribution and sewer collection system infrastructure, the 2008 Water and Wastewater Master Plan Updates adopted by the Board on June 24, 2008, Agenda Item] 00, and the 2009 Annual Update and Inventory Report adopted by the Board at the November 3, 2009, special meeting, staff identified the following geographic areas that would not fall within the ten year development/connection period: Any and all portions of Sections 13, 14, ]5, 16,20,21,22,27 and 28, Township 49 South, Range 27 East within the Collier County Water-Sewer District boundaries. Any and all portions of Section 24, Township 49 South, Range 26 East within the Collier County Water-Sewer District boundaries. Any and all portions of Section 31, Township 50 South, Range 27 East within the Collier County Water-Sewer District boundaries. Any and all portions of Sections 3, 4, 10 and 11, Township 51 South, Range 27 East within the Collier County Water-Sewer District boundaries. Any and all portions of Sections 34 and 35, Township 50 South, Range 25 East within the Collier County Water- Sewer District boundaries. Any and all portions of Sections I, 2, 3, 11, 12, 13, 14, 23 and 24, Township 51 South, Range 25 East within the Collier County Water-Sewer District boundarics. - Page J of I "-',' '~'-'--~-,.' Agenda Item No. 17C December 1, 2009 Page 2 of 10 Any and all portions of Sections 7,17,18,19 and 20, Township 51 South, Range 26 East within the Collier County Water-Sewer District boundaries. Any and all portions of Sections 34, 35 and 36, Township 47 South, Range 27 East within the Collier County Water-Sewer District boundaries; and, Any and all portions of Sections 1,2, and 3, Township 48 South, Range 27 East within the Collier County Water- Sewer District boundaries. All of the above described lands are in Collier County, Florida. Rather than expressly exclude the aforementioned areas from the geographic boundaries of the Collier County Water-Sewer District, only to have to amend the Ordinance again to bring those areas back within the boundaries on a future date at a subsequent cost, the proposed amendment clarifies the policy to impose and collect water and sewer impact fees based on objective criteria tied to a foreseeable ten-year connection period. To prohibit the future collection of water and sewer impact fees under the Ordinance in geographical areas where development and/or connection to water and/or sewer services is not reasonably imminent, the proposed amended ordinance exempts the payment of Water and Sewer Impact Fees, during. the normal land development process, from geographic areas that have no foreseeable potcntial to be provided with potable water and/or sewer services by the Collier County Water-Sewer District (District) within ten years as identified hy the most current Public Utilitics Water and Wastewater Master Plan Updates and the Annual Update and Inventory Report. FISCAL IMPACT: The fiscal impact related to the adoption of this Ordinance is the loss of prospective Water and Sewer Impact Fees in an indeterminable amount. However, this action mitigates the administrative efforts of refunding Water and Sewer Impact Fees in subsequent periods. GROWTH MANAGEME:\'T IMPACT: Impact Fees generate funds to be spent on capital improvements to public facilities necessitated by growth. This is consistent with Policy 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 growth." This proposed Ordinance does not in any way waive Water and Sewer Impact Fees for any Development connecting to the District's Regional Water and/or Regional Sewer System; rather, delays the collection of such applicable fmpact Fees until such time that the provision of potable water and sewer services is anticipated within ten years. LEGAL CONSIDERA nONS: This item has been reviewed and approved by the County Attorney's Office and is otherwise legally sufficient for Board action.~SRT RECOMMENDATION: That the Board of County Commissioners, as ex-officio governing Board of Collier County Water-Sewer District, adopt an amendment to Ordinance No. 2001-13, as amended, to exempt payment of Water and Sewer fmpact Fees, during the nonnalland development process, from geo/,'Taphic areas that have no foreseeable potential to be provided with potable water and/or sewer services by the Collier County Water-Sewer District (District) within ten years as identified by the most cun'ent public utilities water and wastewater master plan updates and the Annual Update and Inventory Report. PREPARED BY: Margie Hapke, Operations Analyst, Public Utilities Division A TT ACHMENTS: Proposed Amended Ordinance ~." Page 2 of2 I' Agenda Item No. 17C December 1, 2009 Page 3 of 10 COLLIER COUNTY -"'. BOARD OF COUNTY COMMISSIONERS Item Number: Item Summary: 17C Recommendation to adopt an Ordinance amending the Collier County Consolidated Impact Fee Ordinance, Ordinance No. 2001-13, as amended, to incorporate a provision clarifying the imposition of Water and Sewer Impact Fees on geographic areas within the Collier County Water -Sewer District until such a time when connection to the regional water and/or sewer system is anticipated within a ten -year period as identified by the most current Public Utiiities Water and Wastewater Master Plan Updates and the Annual Update and Inventory Report. 12/1/20099:00:00 AM Meeting Date: Preps red By Margie Hapke Operations Analyst Date Public Utilities Division Public Utilities Division 11/6/200912:44:16 PM Approved By Scott R. Teach Deputy County Attorney Date County Attorney County Attorney 11/12/20093:24 PM Approved By Thomas Wides Director - Operations Support - PUD Date Public Utilities Division Utilities Finance Operations 11/12/20093:40 PM Approved By Amy Patterson Manager. Impact Fees & EDC Date Community Development & Business Management & Budget Office Environmental Services 11/12/20093:41 PM Approved By Toni A. Mott Manager - Property Acquisition & Canst M Date Administrative Services Division Facilities Management 11/12/20094:38 PM Approved By Paul Mattausch Director - Water Date Public Utilities Division Water 11/13/20094:57 PM Approved By G. George Yilmaz Director - Wastewater Date Public Utilities Division Wastewater 11/16/200911:49 AM ,~<.- Approved By Gilbert Moncivaiz Impact Fee Coordinator Date - - '~--_.... _.~...m.' , ---'''--1 Agenda Item No. lye December 1, 2009 Page 4 of 10 Public Utilities Division Utilities Finance Operations 11/16/200912:24 PM Approved By Phil E. Gramatges, P.E. Project Manager, Principal Date Public Utilities Division Public Utilities Engineering 11/16/200912:46 PM Approved By Joseph K. Schmitt Community Development & Environmental Services Administrator - Community Development Community Development & Environmental Services Date 11/16/20098:33 PM Approved By Pamela Libby Manager - Operations-WaterfWW Date Public Utilities Division Water 11/17/20098:07 AM Approved By James W. DeLany Date County Attorney County Attorney 11/17/200912:21 PM Approved By Jeff Klatzkow County Attorney Date 11/17/2009 2:54 PM Approved By OMS Coordinator Date County Attorney County Attorney 11/18/20099:22 AM Approved By Susan Usher Management/Budget Analyst, Senior Date Office of Management & Budget Office of Management & Budget 11/19/20097:19 PM Approved By Mark Isackson Management/Budget Analyst. Senior Date Office of Management & Budget Office of Management & Budget 11/20/20098:35 AM Approved By Leo E. Ochs, Jr. County Manager Date County Managers Office County Managers Office 11/20/20093:23 PM Agenda Item No. 17C December 1, 2009 Page 5 of 10 ~ ORDINANCE NO. 2009- AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING THE COLLIER COUNTY CONSOLIDATED IMPACT FEE ORDINANCE, NO. 2001-13, AS AMENDED, TO INCORPORATE A PROVISION G THE IMPOSITION OF WATER AND SEWER IMPACT FEES ON GEOGRAPmC AREAS WITHIN THE COLLIER COUNTY WATER- SEWER DISTRICT UNTIL SUCH A TIME WHEN CONNECTION TO THE REGIONAL WATER AND/OR SEWER SYSTEM IS ANTICIPATED WITHIN A TEN-YEAR PERIOD AS IDENTIFIED BY THE MOST CURRENT PUBLIC UTILITIES WATER AND WASTEWATER MASTER PLAN UPDATES AND THE ANNUAL UPDATE AND INVENTORY REPORT; PROVIDING FOR CONFLICT AND SEVERABll.ITY; PROVIDING FOR INCLUSION IN THE COLLIER COUNTY CODE OF LAWS AND ORDINANCES; AND, PROVIDING AN EFFECfIVE DATE. WHEREAS, Collier County has used impact fees as a funding source for growth-related capital improvements for various facilities since 1978; 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 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; and WHEREAS, the adoption of this Amendment to the Ordinance incorporates provisions that will amend Section 74-303 (C)(1) of the Collier County Code of Laws and Ordinances relating to the applicability and imposition of Water and Sewer Impact Fees on geographic areas within the Collier County Water-Sewer District to clarify and limit the imposition of Water and Sewer impact fees on geographic areas within the Collier County Water-Sewer District until such a time when connection to the Regional Water and or Sewer System is anticipated within a ten-year period as identified by the most current Public Utilities Water and Wastewater Master Plan Updates and the Annual Update and Inventory Report during the nonna1land development process. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE. Article II, Impact Fees, Section 74-303, Special Requirements for Water Impact Fee and/or Sewer Impact Fee, subsection C, Limitation on Applicability, of the Collier County Code of Laws and Ordinances is hereby amended to read as follows: Page I of3 Underlined text is added; text is deleted. - -" --,-,,_...- -"'--.-~"-'-~-'- ,--- Agenda Item No. 17C December 1, 2009 Page 6 of 10 Section 74.303. Special Requirements for Water Impact Fee and/or Sewer Impact Fee. ... C. Limitation on Applicability. Notwithstanding the general applicability provisions set forth in this chapter, water and sewer impact fees shall be limited as foUows: (1) The imposition of water and sewer im"pact fees Sshall not apply within the geographic areas expI'tssly excluded by this chapter~ . sewer impBel-fees: For purposes of the water and/or sewer service, development shall include only development on lands within the county water sewer district, exclusive of lands encompassed by the geographic areas described hereunder~ subject to the following condition: the imJ1Qsition and collectW:l Qf water and sewer. impact fees on geo"gmphic areas within the county water sewer district shall not take place until such time when connection to the regional water and/or sewer ~stem is anticipated within a ten-year period as identified by the most CUITent county Public Utilities Water and W~tewater Master Plan Updates anc;l the Annual Update and Inventory Report. Lands within the county generally excluded from the generally applicable definition of "development" as it relates to the water and/or sewer service include (the exclusions set forth below are not all-inclusivey,; lands lying within the excluded areas which are either required to connect or request connection to the regional water system, or which otherwise create a growth necessitated demllnd upon the regional water system shall be subject to the imposition of impact fees in accordance with this chapter in the same manner as if said lands were not within the excluded geographic area: u. m. Any and all portions of Sections 13. 14. IS. 16. 20. 21. 22, 27. and 28, Township 49 South. Rl!nge 27 East wi1hin the Collier County Water-Sewer Qistrict boundaries. Any and all portions of Section 24. Township 49 South. Ran~e 26 East within the Collier Coupty Water-Sewer District boundaries. Any and all wrtions of Section 31, Townshi,p 50 South. Range 27 East within the Collier County Water-Sewer District boundaries. Any and all portions of Sections 3. 4. 10, and I I. Township 51 South. Ran~e 27 East within the Collier County Water-Sewer District bo\llldaries. Any and all ~rtions of Sections 34 and 35, Township 50 South. Ran~e 25 East within the Collier County Water-Sewer District boundaries. Any and all portions of Sections 1. 2, 3. 11. 12. 13. 14, 23, !!P.9 24. ToWlW!ip 51 South. Range 25 East within the Collier County Water-Sewer District boundaries. Any and all portions of Sections 7,17.18.19. Page 2 of3 Underlined text is added; text is deleted. Agenda Item No. 17C December 1, 2009 Page 7 of 10 '" and 20. Township 51 South. Range 26 E~ within the Collier County Water-Sewer Pi.Wet boundaries. My lUld all portions of Sections 34. 35. and 36, Township 47 South. Range 27 East within the Collier CO\l!l!Y Water-Sewer pj~et boundaries. Any and all pOrtions of Sections I, 2. and 3. Townshi..,p 48 South. Ramte 27. East within the Colljer County Water-Sewer Distriet boundaries, u* SECTION TWO. CONFLICT AND SEVERABILITY. In the event this Ordinance conflicts with any other Ordinance of Collier County or other applicable law, the more restrictive sball 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 . . . remammg portions. SECTION THREE. INCLUDSION IN THE CODE OF LAWS AND ORDINANCES. The provisions of this Ordinance shall be Itl~de a part of the Code of Laws and Ordinances of Collier County, Florida. The section of the Ordinance may be renumbered or relettered 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 FOUR. EFFECTIVE DATE. The Ordinance shall become effective upon filing with the Secretary of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida this day of , 2009. ATIEST Dwight E. Brock, Clerk BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: By: , Deputy Clerk DONNA FIALA, CHAIRMAN Approved as to form and legal sufficiency: Scott R. Teach ,,- Deputy County Attorney Page 3 00 UnderJiPed text is added; text is deleted. '. ~'~"MV .'.M '_"""~'~'W,'" _'. ._~.., , .~-- "-"~' . r--" Collier County Water-Sewer District Agenda Item No. 17e December 1, 2009 P~~<s@:I Exe m pt Area m.:;!(lIl1lA::liR[7-11..R 1,1 0 1lI1J,DOBK-( , ~ , ,.., , "'0 . ~ , " v , RE ~ i-- " . I , ! " " ;. .. " " . , . " . NORlHEAST SERVICE AREA NO.1 NDRlHEAST SERVICE AREA ~O. 2 .. ':1 " . " . . - . , +'\".1 .', "" '" I ---'--'--", ! .~ t.! I : ' ...__i..__.__.j_._.__.-1 I" Proposed Exempt Area " ~ - " '~ I - . . C) -. " ,. :;0__ ,c.... 'Ctj, ,."., Proposed Exempt Area I ,. I . , ,- "'r' e, - " . , co ,"" , . Proposed Exempt Area " " , , ,'.':.. ;..,.... ':.I..",'..~.., ..,,,,,,,,,,,,=,, ""'''''';'::':''''0'':-,,;; '\-::'~ COLUER COUNTY 'IWAtEir:'SEW!;R .. I 'DISTRICT" ,.. _~: ,I t " 'j' , --.--_.'- , '-' I .., . . -f-'''~- ',-'~.'.:.:;:"l"-.'..,."::":'_ . .. " I '~-=--r ' . , " .. "I '" ..... I , ~; ~~~~A~ , - " I I , I .. I . I- . " " , .. ,. I I I -, I . , - " . .. .. .. i ,~ I Proposed Exempt Areas for FY2010 Based on the 2009 AUIR and the 2008 Master Plan Updates . Proposed Exe m pt Area ,~ . . P d f Agenda Item No. 17C New Exempt Areas ropose or FY2010 - December 1, 2009 Based on the 2009 AUIR and 2008 Master Plan Updates P~0<S@:l Exempt Area I'1L[, !llD!l I'GJRE 7-11..R hl a i:. lJJNl 1l~-[ " " . " , " " I: - " .. I " - " " . . , " . , " ~ . I , ;, " . " 0 " , , " , . " NDRlHEAST SERIJ1CE MEA t>lD. 2 co ~ ~ "-< " ~, "..1 -j , : I ~\ ,.... i....:. -J.>'>-'i .~+ ---r~:' o -. ..-:',...... j -r- ~'-1~~:,~~~~ -r""~ -I .....:...J_' " ' I 'I 'I I, -:-~!~r '~-JL' 11 -~:--r-i~~~~~V:"'-j ~ I, :: i ~i I I I , -...... _..__.~--- .....""'.-."......----, ~ ~ !,,-"'~._- -~-J-~J~,_ ~ , I I a I ~ ! ~ I ~ I ~ ~~~~A~ ":":l CITY OF NAPLES -- ~ L"'1 ,~ ~., ~ " C , " " ."~---,, -t--'''{ , I ' i-- , , I ' . I .. , ". ~ARCO ISLAND WIITERANO r- r Exempt from Sewer Impact Fees Exempt from Water and Sewer Impact Fees .W.,._____._,-_....M ",,-,""_.,,,,,',,h',,,,,, ' ""~"--"'.,,-."-".-- ..--r------. .... ... ---.. " , .. " Proposed Exe m pt Area , :i Proposed ., .. Exe m pt Area - . - . " , I I , , ~ . . " . Agenda Item No. 17C .. . . ()ecember 1, 2009 Nap,lel Dll1ly News. Friday, November 20,2009 . 19D .. Page 10 of 10 --~,---_.__.."._.._-----".-.-~."_.._._..,- . NOTICE Of INTENT TO CONSIDER' ORDINANCE Notice is hereby given that on Tues- d'ay, December 1, 2009. in th~ Board. room, 3rd Floor, Administration Build- ing. Collier County Government (en- _ ter, 3301 East Tamiami Trail, Naples. Florida, the Board of County CJ?mmis- sioners will consider the enactment of a County Ordinance. The meeting will commence at 9:00 A.M.,. The title of the proposed Ordinance is as folloV(s: . , AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF -COlLIER COUNTY, FLORIDA,' AMENDING THE COLLIER COUNTY CONSOLIDATED IM- PACT fEE ORDINANCE, NO. 2001-13, AS AMENDED, TO INCORPORATE A PROVISION. CLARIFYING THE IMPOSI- TION OF WATER A.NO SEWER IMPAcT FEES ON GEOGRAPHIC AREAS WITHIN THE COLLIER COUNTY WATER.SEWER DISTR!CT UNTtL SUCH A TIME WHEN CONNECTION TO THE' REGIONAL WA- TER ANDfOR SEWER SYSTEM IS ANT1Cl~ PATED WITHIN A TEN~YEAR PER10D AS IDENTIFIED BY THE MOST CURRENT PUBLIC UTILITIES WATER AND WASTE-, WATER MASTER PLAN UPDATES AND THE ANNUAL UPDATE AND INVENTO- RY REPORT; PROVIDING FOR CON. FlICT AND SEVERABIlTIY; PROVIDING FOR INCLUSION IN' THE COLLIER COUNT( CODE OF LAWS AND ORD!- NANCEk AND, PROVIDING AN EFFEC- TIVE DATE. ' . Copies of the proposed Ordinance are on file with the Clerk to the Board and are available for inspection. 'All inter- ested parties are invited to attend and ," he heard. NOTE: All persons wishing to speak on any agenda 'item must register with the County administrator prior to pre- sentation of the agenda item to be addressed. individual speakers, will be limited to 5 minutes on any item. The selection of an individual to speak on behalf of an organization or group is encouraged. If recognized by the Chairman, a spokesperson for a group or organization may, be allotted 10 minutes to speak on' ail item. ' , Persons wishing' to have written or graphic materials;. induded in the - Board agenda packets must submit said material a minimum of 3 weeks prior to the respecti've public hearing. In any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a mmimum of seven days prior to the public hearing. All material used in presentations before the Board will become a' permanent part of the re- cord. Any person who decides to appeal a deCIsion of the Board will need a re- . cord ,of the -proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record in- cludes the testimony and evidence upon which the appeal is based. ' If you are a person with a disability who needs any accommodation in .or- der to participate in this proceeding; you are entitled, at no cost to you, .to the provision of certain assistance: Please contact the Collier County Fa- cilities Management Department, lo- cated at 3301 Tamiami Trail East, Building W, Naples, Florida 34112,' (239) 252.8380. Assisted listening de- vices for the hearing impaired are available in the County Commissioners' Office. ' SOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA DONNA FIALA, CHAIRMAN DWIGHT E. BROCK, CLERK By: Ann Jennejohn, Deputy Clerk .. November 20. 2009., ,No1827097