Ordinance 2009-57
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~~~ ' ~ ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
C'e'c?Zl'l'Z01,6 COLLIER COUNTY, FLORIDA, AMENDING CHAPTER 74 OF THE
COLLIER COUNTY CODE OF LAWS AND ORDINANCES, THAT
ORDINANCE BEING THE COLLIER COUNTY CONSOLIDATED
IMPACT FEE ORDINANCE, AS AMENDED, PROVIDING FOR THE
INCORPORATION, BY REFERENCE, OF THE IMPACT FEE StUDY'
ENTITLED "COLLIER COUNTY PARKS AND RECREATION IMYA:CT:
FEE UPDATE STUDY"; AMENDING THE PARKS AND RECREATION
IMPACT FEE RATE SCHEDULE, WHICH IS SCHEDULE THREE OF '
APPENDIX A, AS SET FORTH IN THE IMPACT FEE UPDATE STcUDYj 'J
PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR '-.!
INCLUSION IN THE CODE OF LAWS AND ORDINANCES; 'AND i
PROVIDING FOR AN EFFECTIVE DATE OF NOVEMBER 1, 2009iFOR
THE REGIONAL PARKS IMPACT FEE RATE SCHEDULE AND
FEBRUARY 1,2010, FOR THE COMMUNITY PARKS IMPACT FEE
RATE SCHEDULE.
ORDINANCE NO. 2009-57
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WHEREAS, Collier County has used impact fees as a funding source for growth-related
capital improvements for parks and recreational facilities since 1988; 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 March 14, 2006, the Board of County Commissioners adopted
Ordinance No. 2006-11, thereby amending Schedule Three of Appendix A of Chapter 74 of the
Code, and establishing the County's then current Parks and Recreation 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 Parks and Recreation 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 and Associates,
Incorporated (the "Consultant"), to review the existing Parks and Recreation 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
Parks and Recreation Impact Fee Update Study," dated June 26, 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 Parks and Recreation Impact Fee rate
schedule, as set forth in Schedule Three 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 specified
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 Parks and Recreation 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 of4
(3) Parks and recreational facilities: "Park Impaet Fee Update prepare" f-or Collier
COHnty, Florida," prepare" by Duaeaa :\ssoeiates ia assoeiation with Dr. James
C. Nieflolas (January 18,2006), "Collier Countv Parks and Recreation Impact Fee
Update Studv." prepared bv Tindale-Oliver and Associates. Inc. (June 26. 2009);
and
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SECTION TWO. Schedule Three, Parks and Recreation 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 cont1icts with any other Ordinance of Collier County or other
applicable law, the more restrictive shall apply. If any phrase or portion ofthis 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 filing with the Florida Department of
State; however, the effective date of the Regional Park Impact Fee rate schedule shall be
November I, 2009, and the effective date of the Community Parks Impact Fee rate schedule shall
be delayed to February I, 2010.
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PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida thisOJ7~ day ofOch1~ ,2009.
ATTEST
Dwight E. Brock, Clerk
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
By:
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DONNA FIALA, CHAIRMAN
J effre
Coun A
Thl. -41."", flIed wltn tne
Sec~ of State's Office the
~ _ of N.......1.t.( 2009
and ClCIcItowledgernent of tnal
filing recelwd tnl. \a'" day
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Page 4 01'4
APPENDIX A - SCHEDULE THREE
PARKS AND RECREATIONAb FACILITIES IMPACT FEE RATE SCHEDULE
Effcetive JllH Hllry 1, 2008
Community Parks - Effective: February 1, 2010
Impact Fee Land Use Category Rate
Pults CommHHity
Hotel/Motel $S78.1S $S03.22 Per Room
Mobile Home/RV Park $I,01i2.1i0 $94S.71 Per Unit/Site
Multi-Family $81i2.S0 $71 1.4S Per Dwelling Unit
Single Family Detached House
Less than 1,500 sq. ft. $I,07S.2S $1.199.02 Per Dwelling Unit
1,500 to 2,499 sq. ft. $1.I81.0S $1.315.89 Per Dwelling Unit
2,500 sq, ft. or larger $1,281i.85 $1.445.75 Per Dwelling Unit
Rel!ional Parks - Effective: November 1,2009
ImDact Fee Land Use Catel!orv
Ps.l" RcgisRSI
Hotel/Motel
Mobile Home/RV Park
Multi-Family
Single Family Detached House
Less than 1,500 sq. ft.
1,500 to 2,499 sq. ft.
2,500 sq, ft. or larger
Rate
$1,279.9S
$2,3S1.7S
$1,907.8S
$1.038.61
$1.916.05
$1.298.26
Per Room
Per Unit/Site
Per Dwelling Unit
$2,378.20
$2,1i 12.80
$2,817.10
$2.199.69
$2.420.51
$2,666.80
Per Dwelling Unit
Per Dwelling Unit
Per Dwelling Unit
Note: Community Parks Impact Fees do not apply to the City of Naples,
City of Marco Island or Everglades City.
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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 2009-57
Which was adopted by the Board of County Commissioners
on the 27th day of October, 2009, during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 29th
day of October, 2009.
DWIGHT E. BROCK 'L1. ,
, '
Clerk of Courts9-'nd Cl'erk
Ex-officio to ~6avuof
County Commission~rs
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By: Martha Verga
Deputy Clerk