Agenda 07/09/2019 Item #16F 4 (Celebration Park Naples Individual Impact Fee Rate)07/09/2019
EXECUTIVE SUMMARY
Recommendation to approve the use of an individual road impact fee rate, calculated for the
Celebration Park Naples, in accordance with the provisions of Section 74-202(k) of the Collier
County Code of Laws and Ordinances and approve a 3-year payment plan and Payment
Agreement related to the impact fees for the subject property.
OBJECTIVE: To approve the use of an individual road impact fee rate for the Celebration Park
Naples, a food truck park owned and operated by Celebration Park, LLC, a Florida limited liability
company, in the amount of $5,813 per pod, based on Institute of Transportation Engineers (ITE) Land
Use 926, Food Cart Pod, and approve a 3-year payment plan and Payment Agreement for the impact
fees for the subject development.
CONSIDERATIONS: Section 74-202(k) of the Collier County Code of Laws and Ordinances
(Code) provides the following related to land uses not contemplated on the adopted impact fee rate
schedules.
(k) In the event a development involves a land use not contemplated under the impact fee
land use categories set forth in the rate schedules in appendix A, the county manager shall
calculate the appropriate impact fees utilizing the methodologies contained in the impact fees
adopted by section 74-106. The county manager shall utilize as standards in his
determination the impact fee rate calculation variables applicable to the most similar land
use categories in the applicable impact fee rate schedules.
Impact Fees for the Celebration Park Naples were originally calculated on a per site basis, based on
information provided throughout the submittal process and the estimated low volume of traffic
expected to be generated by the development. However, a Site Plan Amendment and Parking
Exemption have been submitted, triggering a re-evaluation of the required impact fee calculations.
The ITE Trip Generation Manual, 10th Edition, includes a new land use for Food Cart Pods that were
not included in previous editions of the manual. Based on the Code provisions provided above, staff
and the County’s Impact Fee consultant utilized the data from ITE and the County’s adopted Road
Impact Fee study methodology to calculate an impact fee rate for the Celebration Park Naples. This
rate, multiplied by the number of pods, currently eight food trucks plus the bar, for a total of 9 pods,
sets the assessment for the development. Previously paid impact fee will be deducted from the total
due for the final assessment.
Staff researched all options available for the assessment of impact fees for the subject property,
including utilizing various land uses on the adopted Road Impact Fee Rate Schedule, however, use of
the existing land use rates resulted in assessments that were either extremely high, more than
$200,000, to extremely low, less than $20,000, or land uses that were not applicable for calculation.
Staff and the Impact Fee Consultant also surveyed other jurisdictions to determine how any similar
land uses were evaluated. No applicable information was found through this research. Staff and the
applicant also discussed the option for conducting and Alternative Impact Fee Calculation, but with
the addition of the Food Cart Pod land use to ITE, use of the individual calculation provisions became
a better option than the lengthy process for conducting an Alternative Fee Calculation. In addition,
the Alternative Fee Calculation Process requires the survey of at least three similar sights, which may
have been a challenge, considering the uniqueness of the site. This method o f assessment also
provides a basis for the calculation for any additional pods that may be added in the future. Approval
of the use of the individual impact fee rate calculation to be used for Celebration Park Naples is
16.F.4
Packet Pg. 1928
07/09/2019
recommended by staff and the Impact Fee Consultant.
The applicant has requested a 3-year payment plan for the additional impact fees due. The attached
Payment Agreement outlines the terms.
FISCAL IMPACT: If the Board accepts and approves the use of the individual impact fee rate,
additional Road Impact Fees in the amount of $42,726.84 will be assessed. This amount reflects use
of the individual rate for nine pods, less the Road Impact Fees previously paid. This approach will
also require the payment of additional EMS, Government Buildings, Jail, and Law Enforcement
Impact Fees for one additional pod in the amount of $593.57, for a total due of $43,320.41. These
adjustments more accurately reflect the demand created on public infrastructure by the proposed
development. The fees will be paid in 3 annual installments, commencing on August 1, 2019, with
the subsequent payments on August 1, 2020, and August 1, 2021.
GROWTH MANAGEMENT IMPACT: Impact fees provide financial resources for the
construction and/or expansion of the County’s capital infrastructure, as necessary to accommodate
growth. Consistent with Objective 2 of the Capital Improvement Element (CIE) of the Collier
County Growth Management Plan (GMP), development is required to contribute its fair share of the
costs of providing public facilities necessitated by growth, however impact fees may not be collected
in excess of the amount reasonably anticipated to fund such improvements. The proposed Road
Impact Fees for the Celebration Park Naples are based on an individual road impact fee calculation
which represents a current, localized and accurate assessment of the facility’s impact and associated
cost of providing transportation-related capital facilities attributable to the new development.
LEGAL CONSIDERATIONS: This item was reviewed by the County Attorney, is approved as to
form and legality, and requires majority vote for approval. -JAK
RECOMMENDATION: To approve the use of an individual road impact fee rate, calculated for the
Celebration Park Naples, in accordance with the provisions of Section 74-202(k) of the Collier
County Code of Laws and Ordinances and approve a 3-year payment plan and Payment Agreement
related to impact fees for the subject property.
Prepared by: Amy Patterson, Director
Capital Project Planning, Impact Fees and Program Management Division
ATTACHMENT(S)
1. agreement (PDF)
16.F.4
Packet Pg. 1929
07/09/2019
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.F.4
Doc ID: 9501
Item Summary: Recommendation to approve the use of an individual road impact fee rate,
calculated for the Celebration Park Naples, in accordance with the provisions of Section 74 -202(k) of the
Collier County Code of Laws and Ordinances and approve a 3-year payment plan and Payment
Agreement related to the impact fees for the subject property.
Meeting Date: 07/09/2019
Prepared by:
Title: Senior Grants and Housing Coordinator – Capital Project Planning, Impact Fees, and Program
Management
Name: Gino Santabarbara
06/28/2019 11:50 AM
Submitted by:
Title: Division Director - IF, CPP & PM – Capital Project Planning, Impact Fees, and Program
Management
Name: Amy Patterson
06/28/2019 11:50 AM
Approved By:
Review:
Growth Management Department Judy Puig Level 1 Reviewer Completed 06/28/2019 1:58 PM
Capital Project Planning, Impact Fees, and Program Management Amy Patterson Additional Reviewer Completed 06/28/2019 2:54 PM
Growth Management Department Gino Santabarbara Deputy Department Head Review Skipped 06/28/2019 11:48 AM
Growth Management Department Jeanne Marcella Department Head Review Completed 07/01/2019 8:42 AM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 07/01/2019 8:44 AM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 07/01/2019 9:04 AM
Budget and Management Office Mark Isackson Additional Reviewer Completed 07/01/2019 9:49 AM
County Manager's Office Leo E. Ochs Level 4 County Manager Review Completed 07/01/2019 10:26 AM
Board of County Commissioners MaryJo Brock Meeting Pending 07/09/2019 9:00 AM
16.F.4
Packet Pg. 1930
16.F.4.a
Packet Pg. 1931 Attachment: agreement (9501 : Celebration Park)
16.F.4.a
Packet Pg. 1932 Attachment: agreement (9501 : Celebration Park)
16.F.4.a
Packet Pg. 1933 Attachment: agreement (9501 : Celebration Park)
16.F.4.a
Packet Pg. 1934 Attachment: agreement (9501 : Celebration Park)
16.F.4.a
Packet Pg. 1935 Attachment: agreement (9501 : Celebration Park)