Ordinance 2009-24
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N ORDINANCE NO. 2009-24
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~6 ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
'lOlL.I.9\,S\ItJ\ OLLIER COUNTY, FLORIDA, AMENDING CHAPTER 74 OF THE
COLLIER COUNTY CODE OF 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 CORRECTIONAL
FACILITIES IMPACT FEE UPDATE STUDY"; AMENDING THE
CORRECTIONAL FACILITIES IMPACT FEE RATE SCHEDULE,
WHICH IS SCHEDULE FOUR OF APPENDIX A, AS SET FOR1,'iJ; IN '
THE IMPACT FEE UPDATE STUDY; PROVIDING FOR CONFJ;.ICT .,
AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE.._
OF LAWS AND ORDINANCES; PROVIDING FOR A PHASED....:
IMPLEMENTATION OF THE RATE SCHEDULE; AND PROVIDING-:>
FOR A DELAYED EFFECTIVE DATE OF AUGUST 11,2009 FOR THE"-J
PHASE 1 RATE SCHEDULE AND FEBRUARY 14, 2010 FOR THE .'
PHASE 2 RATE SCHEDULE.
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WHEREAS, Collier County has used impact fees as a funding source for growth-related
capital improvements for correctional facilities since 1999; and
WHEREAS, on March 13, 2001, the Board of County Commissioners (Board) 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 September 27, 2005, the Board of County Commissioners adopted
Ordinance No. 2005-47, thereby amending Schedule Four of Appendix A of Chapter 74 of the
Code, and establishing the County's then current Correctional Facilities Impact Fee rates; and
WHEREAS, on June 26,2007, the Board adopted Ordinance No. 2007-57 incorporating
the "Collier County Impact Fee Indexing Study" through which the Correctional Facilities
Impact Fees were indexed in accordance with the prescribed methodology, thereby establishing
the rates that are currently in effect; 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 & Associates, Inc. (the
"Consultant"), to review the existing Correctional Facilities Impact Fees and recommend
changes to the fees where appropriate; and
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, WHEREAS, the Consultant has prepared an impact fee study entitled "Collier County
Correctional Facilities Impact Fee Update Study," dated April 21, 2009 (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 Correctional Facilities Impact Fee
rate schedule, as set forth in Schedule Four 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 equitably distribute the costs of acquiring and constructing public facilities based upon a
rational nexus relating costs incurred by fee payers to infrastructure impacts created by
commercial and residential land uses; and
WHEREAS, the Consultant has reviewed and updated the fee calculation methodologies
that will be imposed in an equitable and non-discriminatory manner; and
WHEREAS, Section 163.31801, Florida Statutes, which is the Florida Impact Fee Act,
requires the most recent and localized data be used in impact fee calculations and this study
complies with that requirement; and
WHEREAS, the study methodology has been reviewed and approved by Collier
County's outside legal counsel, Nabors, Giblin and Nickerson, P.A.; and
WHEREAS, staff has thoroughly reviewed the calculations and findings, concurs with
the recommended changes to the Road 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.
***
(7) Correctional facilities: "Correctioaal Impact Study, Collier County, Florida,
prepared by Duncan Associates (.^..pril 18, 2005), as amended "Collier County
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Page 2 of4
Correctional Facilities Impact Fee Update Study." prepared by Tindale-Oliver &
Associates. Inc. (April 21. 2009); and
***
SECTION TWO. Schedule Four, Correctional Facilities (Jail) 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.
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 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 considered adopted upon the date written below; however, the
effective date of the Phase I rate schedule shall be delayed to August II, 2009 and the effective
date ofthe Phase 2 rate schedule shall be delayed to February 14, 2010.
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Page 3 of4
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida this I}... day of ~ 2009.
A TTES 'f, _-.:~' .:: Z' J~;9
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Dwigh,t{E. Brock,:.91~%, "
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BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
Do1=Cha~
ThIs ordinance filed with the
Secretory of State's Office the
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and acknowledgement of that
filin~ received this ~9.u-.doy
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Oepllty C"rIc
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Page 4 of 4
APPENDIX A - SCHEDULE FOUR
CORRECTIONAL FACILITIES (JAIL) IMPACT FEE RATE SCHEDULE
Phase I - Effective ,"quillS, 1998 AUl!ust 11. 2009
Impact Fee Land Use Category
Rate
Residential
8iRgle Family Detaehed
Other ResiaeRtial
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Mobile Home/RV tie-down
Multi-Familv
Single Familv
Less than 1.500 sq, ft.
1.500 to 2.499 sq. ft,
2.500 sq. ft. or larger
$281.11
$190,61
$334.77
$368.81
$404.75
Non-Residential
Ghafeft
Ge'..ertllBeHt~1:I9Ii6 BuildiRgti
Hesflital
Hotel/Metel
IFld1:lstriaI.~4anl:lfaetl:lring
Leisl:lre/Ol:ltEleer
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Qf:fiee
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Restaurant/Bar/LeWlge
Retail!CemmersiallReereatieH
8efiElol/Cellege (Priyate)
Assisted Living Facility
Auto Sales (New/Used)
Bank/Savings: Drive-In
$157.88
$329.24
$456,32
Per Sli. ft. (max 4,000 8li. Ft. fler l:IRit)
Per sli. ft. (mllJ{ 4,000 Sq. Ft. fler uait)
Per Dwelling Unit/Site
Per Dwelling Unit
Per Dwelling Unit
Per Dwelling Unit
Per Dwelling Unit
Per sq. ft.
Per sq. ft.
Per sq, ft.
Per sq, ft.
Per sq, ft,
Per sq. ft.
Per sq. ft.
Per sq. ft.
Per sli, ft.
Per sq, ft.
Per sli, ft.
Per Dwelling Unit
Per 1.000 sa. ft.
Per 1.000 sq. ft.
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Bank/Savings: Walk-In
Business Park
Car Wash - Self-Service
Car Wash - Automated
Church
Collel!elUniversity (Private)
<7.50 I
>7.500
Convenience Store (24 hours)
Convenience Store w/Gas Pumps
Day Care
Furniture Store
Gasoline/Service Station
Golf Course
Home Improvement Store
Hospital
Hotel
Industrial - General Light
Luxury Auto Sales
Marina
Mini- Warehouse
Motel
Movie Theater
Nursing Home
Office 50.000 SQ. ft. or less
Office 50.001-100.000 SQ. ft.
Office 100.001-200.000 SQ. ft,
Office 200.001-400.000 sq. ft.
Office Greater than 400.000 sq. ft.
Office - Medical
Pharmacv/Drug Store
Ouick Lube
R V Park
Restaurant - Fast Food w/Drive-In
Restaurant - High Turnover
Restaurant - Ouality
$494.83 Per 1.000 sq. ft.
$190.61 Per 1.000 sq, ft.
$1l7.45 Per Service Bay
$309.99 Per 1.000 sq. ft.
$109.75 Per 1.000 sq. ft.
$19.25 Per Student
$13.48 Per Student
$1.053.20 Per 1.000 SQ, ft.
$1.l22.51 Per Fuel Position
$9,63 Per Student
$46.21 Per 1.000 SQ. ft,
$381.23 Per Fuel Position
$3.742,98 Per 18 Holes
$342.72 Per 1.000 SQ, ft.
$317.69 Per 1.000 SQ, ft.
$152.11 Per Room
$132.86 Per 1.000 sq. ft.
$213.72 Per 1.000 sq. ft.
$36.59 Per Berth
$13.48 Per 1.000 sq. ft.
$144.41 Per Room
$ l.l 5 1.39 Per Screen
$138.63 Per Bed
$273.41 Per 1.000 sq, ft.
$248.38 Per 1.000 sq. ft.
$211.79 Per 1.000 sq. ft.
$180.99 Per 1.000 sq. ft.
$154.04 Per 1.000 sq. ft.
$331.17 Per 1.000 SQ. ft.
$371.60 Per 1.000 sq. ft.
$223.35 Per Service Bay
$103.97 Per Site
$1.734.79 Per 1.000 sq. ft.
$51.98 Per 1.000 sq. ft,
$42.36 Per 1.000 SQ. ft.
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Retail 50,000 Sa. Ft. or Less $471.72 Per 1,000 sq. ft.
Retail 50.001-100.000 Sq, Ft. $506.38 Per 1.000 sq. ft.
Retail 100.001-150.000 Sq. Ft. $450.54 Per 1.000 sq. ft.
Retail 150.001-200.000 Sa. Ft. $548.74 Per 1.000 sq. ft.
Retail 200,001-400.000 Sq. Ft. $481.35 Per 1.000 sq, ft.
Retail 400.001-600.000 Sa, Ft. $490.98 Per 1.000 sq. ft,
Retail 600.001-1.000.000 Sa. Ft. $490,98 Per 1.000 sq. ft.
Retail > 1.000.000 Sq. Ft. $402.41 Per 1.000 sa. ft.
Retail - Specialtv $325.40 Per 1.000 sq. ft,
School - Elementary (Private) $11.55 Per Student
School - Middle (Private) $13.48 Per Student
School - High School (Private) $15.41 Per Student
Supermarket $394.71 Per 1.000 sq. ft.
Tire Store $258.00 Per Service Bav
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APPENDIX A - SCHEDULE FOUR
CORRECTIONAL FACILITIES (JAIL) IMPACT FEE RATE SCHEDULE
Phase 1 Phase 2 - Effective August 11, 2009 February 14.2010
Impact Fee Land Use Category Rate
Residential
Mobile Home/RV tie-down ~ $374,81 Per Dwelling Unit/Site
Multi-Family ~ $254.15 Per Dwelling Unit
Single Family
Less than 1,500 sq. ft. m+.++ $446.36 Per Dwelling Unit
1,500 to 2,499 sq. ft. ~ $491.75 Per Dwelling Unit
2,500 sq. ft. or larger ~ $539.67 Per Dwelling Unit
Non-Residential
Assisted Living Facility ~ $210.51 Per Dwelling Unit
Auto Sales (NewlUsed) ~ $438.99 Per 1,000 sq. ft.
Bank/Savings: Drive-In ~ $608.43 Per 1,000 sq. ft.
Bank/Savings: Walk-In ~ $659,77 Per 1,000 sq. ft.
Business Park ~ $254.15 Per 1,000 sq. ft.
Car Wash - Self-Service ~ $156.60 Per Service Bay
Car Wash - Automated ~ $413.32 Per 1,000 sq. ft.
Church ~ $146.33 Per 1,000 sq. ft.
CollegelUniversity (Private)
<7,501 ~ $25.67 Per Student
>7,500 W.48 $17.97 Per Student
Convenience Store (24 hours) $1,953.20 $1.404.26 Per 1,000 sq. ft.
Convenience Store w/Gas Pumps $1,122.51 $1.496.68 Per Fuel Position
Day Care ~ $12,84 Per Student
Furniture Store $49,U $61.61 Per 1,000 sq. ft.
Gasoline/Service Station ~ $508.31 Per Fuel Position
Golf Course $3,712.98 $4.990.64 Per 18 Holes
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Home Improvement Store ~ $456.96 Per 1,000 sq. ft.
Hospital ~ $423.59 Per 1,000 sq. ft.
Hotel ~ $202.81 Per Room
Industrial - General Light ~ $177.14 Per 1,000 sq. ft.
Luxury Auto Sales ~ $284.96 Per 1,000 sq. ft.
Marina ~ $48.78 Per Berth
Mini-Warehouse W48 $17.97 Per 1,000 sq. ft.
Motel !l44:4-I- $192.54 Per Room
Movie Theater $1,151.39 $1.535.19 Per Screen
Nursing Home ~ $184.84 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 ~ $441.56 Per 1,000 sq. ft.
Pharmacy/Drug Store ~ $495.47 Per 1,000 sq. ft.
Quick Lube ~ $297.80 Per Service Bay
RV Park ~ $138.63 Per Site
Restaurant. Fast Food w/Drive-In $1,731.79 $2.313.05 Per 1,000 sq. ft.
Restaurant - High Turnover ~ $69,31 Per 1,000 sq. ft.
Restaurant - Quality ~ $56.48 Per 1,000 sq. ft.
Retail 50,000 Sq. Ft. or Less ~ $628.96 Per 1,000 sq, ft.
Retail 50,001 -I 00,000 Sq. Ft. ~ $675.17 Per 1,000 sq. ft.
Retai1100,001-150,000 Sq. Ft. ~ $600.72 Per 1,000 sq. ft.
Retail 150,001-200,000 Sq, Ft. ~ $731.65 Per 1,000 sq. ft.
Retail 200,001.400,000 Sq. Ft. ~ $641.80 Per 1,000 sq. ft.
Retail 400,001-600,000 Sq. Ft. $400:98 $654.64 Per 1,000 sq. ft.
Retail 600,00 I-I ,000,000 Sq. Ft. $400:98 $654.64 Per 1,000 sq. ft.
Retail > I ,000,000 Sq. Ft. ~ $536.54 Per 1,000 sq. ft.
Retail - Specialty ~ $433,86 Per 1,000 sq. ft.
School- Elementary (Private) WM $ 1 5.40 Per Student
School- Middle (Private) W48 $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
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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 2009-24
Which was adopted by the Board of County Commissioners
on the 12th day of May, 2009, during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 15th
day of May, 2009.
DWIGHT E. BROCK
Clerk of Courts andtlerk
Ex-officio to Board,::~f
County Commission:e:r~:
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