Ordinance 2006-21
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AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS' tt
COLLIER COUNTY, FLORIDA, AMENDING SCHEDULE SIX Ii)
APPENDIX A OF CHAPTER 74 OF THE COLLIER COUNTY CODE 0 '~ ~~
LAWS AND ORDINANCES, THAT ORDINANCE BEING THE COLLIER ~_.~~
COUNTY CONSOLIDATED IMPACT FEE ORDINANCE, NO. 2001-13,
AS AMENDED, PROVIDING FOR THE INCORPORATION, BY
REFERENCE, OF THE IMPACT FEE STUDY ENTITLED "COLLIER
COUNTY SCHOOL IMPACT FEE UPDATE STUDY"; AMENDING THE
EDUCATIONAL FACILITIES IMPACT FEE RATE SCHEDULE, AS SET
FORTH IN THE IMPACT FEE UPDATE STUDY; ESTABLISHING
METHODOLOGY FOR THE ANNUAL MID-CYCLE YEAR INDEXING
ADJUSTMENTS TO THE EDUCATIONAL FACILITIES IMPACT FEE
RATES; PROVIDING FOR CONFLICT AND SEVERABILITY;
PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND
ORDINANCES; PROVIDING FOR AN EFFECTIVE DATE; AND
PROVIDING FOR A DELAYED IMPLEMENTATION DATE OF JUNE
30, 2006.
ORDINANCE NO. 2006- 21
WHEREAS, on May 13, 1992, the Board of County Commissioners
adopted Ordinance No. 92-33, the Collier County Educational Facilities System
Impact Fee Ordinance, thereby establishing the County's then applicable
Educational Facilities Impact Fee rates, and, as such, those rates have been in
effect for more than fourteen (14) years; and
WHEREAS, on March 13, 2001, the Board of County Commissionef.S:;'~
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adopted Ordinance No. 2001-13, the Collier County Consolidated Impact F~~ _'>
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Ordinance, repealing and superceding all of the County's then existing impact f~e
regulations, and consolidating all of the County's impact fee regulations into tlmt(.; ;:.0'
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one Ordinance, codified in Chapter 74 of the Collier County Code of Laws a#~~: \. D
Ordinances (the "Code"), and incorporating the aforementioned Educatior~f; hJ
Facilities Impact Fee rates that had been established by the adoption of Ordinance
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No. 92-33; and
WHEREAS, development and population growth has brought and will
continue to bring increasing demands for additional educational facilities; and
WHEREAS, adequate educational facilities are essential to the
preservation and improvement of quality of life and are necessary in the interest
of public health, safety and welfare; and
WHEREAS, Educational Facilities Impact Fees are collected by Collier
County (the "County") and transmitted to the District School Board of Collier
County (the "District") for the purpose of funding growth-related capital
improvements and in accordance with the "Interlocal Agreement for Collier
County Educational Facilities Impact Fee Ordinance" between the County and the
District; 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
Educational Facilities Impact Fees and recommend changes to the fees where
appropriate; and
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WHEREAS, the Consultant has relied upon the District for information
related to the current land and building inventory, vehicle inventory, planned
school facilities and associated historical and projected financial information,
current and projected school enrollment figures, and all other information relevant
to past and future capital improvements necessitated by growth; and
WHEREAS, the District uses impact fees to supplement the funding of
necessary capital construction and/or improvements to facilities required to
provide public educational facilities to serve new population and related
development that is necessitated by growth in Collier County; and
WHEREAS, the Consultant has reviewed the existing demand for public
schools and education related support buildings and equipment, the method of
financing the existing public school system and the existing level of service
standards; and
WHEREAS, the Consultant has prepared an impact fee study, entitled
"Collier County School Impact Fee Update," dated April 26, 2006 (hereinafter the
"Study"); and
WHEREAS, the Study recommends changes to the Educational Facilities
Impact Fee Rate Schedule, as set forth in Schedule Six 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 and
constructing public educational facilities based upon a rational nexus relating
costs incurred by fee payers to infrastructure impacts created by residential land
uses; and
WHEREAS, the Consultants have 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 Educational Facilities 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.
***
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Page 2 of 5
(6) Educational facilities: "Impact Fees for Educational Faeilities in
Collier County, Florida," prepared by Henderson, Young &
Company (May 13, 1992), as am.ended and the "Collier County
School Board 5 Y car Capital Outlay Summary" "Collier County
School Impact Fee Update," prepared by Tindale-Oliver and
Associates, Incorporated (April 26, 2006) and the District School
Board of Collier County Capital Improvement Plan for Fiscal Year
2006/07 - Fiscal Year 2010/11
***
SECTION TWO. Article III, Special Requirements for Specific Types of Impact
Fees, Section 74-307, Same--Educational facilities impact fee, of the Collier
County Code of Laws and Ordinances is hereby amended to read as follows:
Section 74-307.
Same - Educational facilities impact fee.
***
(v;) Annual mid-cvcle educational facilities impact fee rate indexing.
Beginning on May 9, 2006. the County shall commence a three-year
Educational Facilities Impact Fee update cycle pursuant to Subsections
74-201(b) and 74-502(a) of this chapter. On or about May 1 of each of
the two mid-years between updates. the County shall implement
adiustments to building costs based upon the building cost index
provided by the Engineering News-Record and weighted as 79 percent
of the index. plus the equipment and vehicle costs. based on the
Consumer Price Index for the Miami-Ft. Lauderdale area provided by
the Bureau of Labor Statistics. weighted as 9 percent of the index. plus
the ten-year historical trend in total iust values for all countywide
property (including buildings and structures) published by the Collier
County Property Appraiser's Office. weighted as 12 percent of the
index. 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 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 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 Ordinances 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.
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SECTION FIVE. EFFECTIVE DATE.
This Ordinance shall become effective upon filing with the Florida
Department of State. The impact fee schedule and increases adopted in this
Ordinance shall be implemented and applied as of June 30, 2006.
PASSED AND DUL Y ADOPTED by the Board of County
Commissioners of Collier County, Florida this ~ day of May, 2006.
ATTEST
Dwight li.ijl'pck, Clerk
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BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
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. . .' '".De uty Clerk FRANK HALAS, Chairman
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Ap roved a to form and legal sufficiency:
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This ordinance filed with the
$~ory of M~~ffi~ the
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and aCknowledgemr!i~ that
filing received his day
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Page 4 of 5
APPENDIX A
SCHEDULE SIX: EDUCATIONAL FACILITIES IMPACT FEE RATE
SCHEDULE
Housing Type
Impact Fees Rate
Single-Family
Less than 1,500 square feet
1,500 - 2.499 square feet
2.500 square feet or larger
$1,778.00
$8.228 per dwelling unit
$9.206 per dwelling unit
$10,017 per dwelling unit
Multi-Family
827.00 $2,862 per dwelling unit
Mobile Home
1,234.00 $5,724 per dwelling unit
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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 2006-21
Which was adopted by the Board of County Commissioners
on the 9th day of May, 2006, during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 9th
day of May, 2006.
DWIGHT E. BROCK
Clerk of Courts and Clerk
Ex-officio to Board'bt
County comQ~stJ;~, gJ ~
Heidi R . Rci9khoJ:q\,""; .
Deputy Cler'rt" ~J ' ", -