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Ordinance 2009-71 1'1'1,.407-93031 ""~ C:;v' ~ I,.,=> /;qlf R. [(l[t"ED ~ ~ ~ a[ul V --..! ~ DEe 2009 (Xl N (0 (~ ~ ORDINANCE NO. 2009- 71 ~ v c? 1.) '~L8f.l.L9tS\,'\1\~AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS-OF "-.:-----/ COLLIER COUNTY, FLORIDA, AMENDING CHAPTER 74 OF TIlE 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 TRIP CHARACTERISTICS STUDY MINE LAND USE"; AMENDING THE ROAD IMP ACT FEE RATE SCHEDULE, WHICH IS SCHEDULE ONE OF APPENDIX A, TO PROVIDE FOR THE NEW MINE/COMMERCIAL EXCAVATION LAND USE CATEGORY AND IMPACT FEE RATE; UPDATING THE GENERAL DEFINITIONS SECTION; PROVIDING FOR REQUIREMENTS FOR THE PAYMENT OF ROAD IMP ACT FEES OVER A FIVE-YEAR PERIOD FOR MINES AND REQUIREMENTS FOR OBTAINING A CERTIFICATE OF PUBLIC FACILITIES ADEQUACY; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR A DELAYED EFFECTIVE DATE OF MARCH 16, 2010. ,.::J WHEREAS, Collier County (the "County') has used impact fees as a funding source for growth-related capital improvements for transportation since 1985; 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 10, 2009, the Board adopted Ordinance No. 2009-09, thereby amending Schedule One of Appendix A of Chapter 74 of the Code, thereby establishing the rates that are currently in effect; and WHEREAS, the current rate schedule for Road Impact Fees does not include a "Mine" land use category or impact fee rate; and WHEREAS, the County's Impact Fee Consultant, Tindale-Oliver and Associates, Inc. has prepared an impact fee trip characteristics study entitled "Collier County Trip Characteristics Study Mine Land Use" dated September 3,2009; and Underlined text is added; Strllel( threllgll text is deleted WHEREAS, the Study recommends a "Mine" land use category and impact fee rate to be added to the Road Impact Fee rate schedule, which is Schedule One of Appendix "A" of Chapter 74 of the Collier County Code of Laws and Ordinances; and WHEREAS, on June 23, 2009, the Board of County Commissioners directed that the necessary amendments be prepared to provide for the incorporation of a new Road Impact Fee land use category and impact fee rate for mines, for future consideration by the Board of County Commissioners as an advertised public hearing; and WHEREAS, the Consultant has prepared the fee calculation methodology 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 change to the Road Impact Fee rate schedule, and recommends that the Board of County Commissioners adopt this Ordinance to implement the recommended change. 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. *** (1) Transportation facilities: "Collier County Transportation Impact Fee Update Study," prepared by Tindale-Oliver and Associates, Incorporated (February 19, 2009) and Collier County Trip Characteristics Study - Mine Land Use (September 3.2009) *** Underlined text is added; Strllek thWlIglI text is deleted Page 2 of8 SECTION TWO. Article I, General, Section 74-108, General definitions, of the Collier County Code of Laws and Ordinances is hereby amended to read as follows: Section 74-108. General definitions. When used in this chapter, the following terms shall have the following meanings, unless the context clearly indicates otherwise. Terms contained in article III or the rate schedules supercede these general definitions to the extent of any conflict(s). *** Middle school shall mean a school serving student who have completed elementary school and have not yet entered high school. Mine/Commercial Excavation shall mean a pit or excavation in the earth from which mineral substances. dirt. lime rock coal. precious stones. geological materials. or other non-renewable resources are removed. Mini-warehouse shall mean buildings in which a number of storage units or vaults are rented for the storage of goods. Each unit is physically separated from other units, and access is usually provided through an overhead door or other common access point. *** SECTION THREE. Article III, Special Requirements for Specific Types of Impact Fees, Section 74-302, Special requirements for road impact fees, of the Collier County Code of Laws and Ordinances is hereby amended to read as follows: Section 74-302. Special requirements for road impact fee. *** en Payment of road impact fees related to mines/commercial excavation. (1) The payment of impact fees related to mines/commercial excavation may be paid annually over a five-year period with the first payment due upon issuance of the excavation permit for the subiect site. (2) The first pavment shall be calculated based on the volume of material to be excavated. as indicated on the excavation permit or site plan. times the adopted road impact fee rate for mines/commercial excavation in effect at the time of the application for the Conditional Use that was granted by the Board of County Commissioners. divided by five. Materials utilized for on-site purposes shall not be included in the calculation as they are not Underlined text is added; Strllek threllgll text is deleted Page 3 of8 subiect to the impact fee assessment. The remaining four payments shall be due annually within 5 business days of the anniversary of the first payment date. (3) Concurrent with the first payment. a temporary five-year certificate of public facility adequacy (COA) will be issued for the proposed excavation site. Upon payment of the full amount of impact fees calculated for the excavation permit the certificate will be issued in perpetuity. (4) Failure to submit payment in accordance with the provisions of this subsection will result in the matter being referred to the Board of County Commissioners for review. Absent the Board finding exceptional circumstances. the temporary certificate of public facility adequacy (COA) shall be revoked. Revocation of the temporary certificate of public facility adequacy shall also result in revocation of the excavation permit or site plan approval for the subiect site. (5) At any time prior to the final payment and issuance of the certificate of public facility adequacy (COA) in perpetuity. the applicant may provide documentation demonstrating that the actual volume of material to be transported from the site is less than the permitted amount. The documentation shall include signed and sealed volumetric drawings and back-up information that iustifies the reduction to the sole satisfaction of the County. Upon approval by the county manager. the excavation permit or site plan will be modified by the applicant in accordance with the revised volume of material to be transported on the public roadway network. The impact fee calculation for the remaining payments will also be revised to reflect the revised volume of material to be transported from the site. SECTION FOUR. Schedule One, Road 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 FIVE. 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 Underlined text is added; Strlle!( thnlllglt text is deleted Page 4 of 8 separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portions. SECTION SIX. 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 SEVEN. EFFECTIVE DATE. The effective date of this Ordinance shall be delayed to March 16,2010. This Ordinance shall not apply to, affect or limit the continuation of existing uses. Existing uses shall include mines which have been approved by the County, and mines for which a completed Conditional Use or Excavation Permit application has been submitted, prior to the effective date of this Ordinance. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida this ~ day o~2009, ATTE.S'T',,~,0.. 'J' eo_:,r"o ' ;~~ ..... (') Dwig4~)t.l}~9ck,' Ql~r~. ;.' ~: ~~.. "c ."J ", ':i BOARD OF COUNTY COMM~SIONERS OF COLLIER ~~TY, FLO}{I~,A--" By: f/ DONNl FIALA, Chairman This o~ filed with the $<<t'IIIa'Y of Stateis Office the ~ day.of ~ .1PfJ and~'edgement 0 that flU~ received this day o By Underlined text is added; Strllek througll text is deleted Page 5 of8 Impact Fee Land Use Category APPENDIX A - SCHEDULE ONE ROAD IMWACTFEE RATE SCHEDULE Effective March 162010 Rate Residential Assisted Living Facility (ALF) Condorrownhouse (1-2 Stories) High-Rise Condominium (3+ Stories) Mobile Home Multi-Family (Apartments) 1-10 Stories Multi-Family (Apartments) > 1 0 Stories Retirement Community Single Family Detached House Less than 1,500 sq, ft, 1,500 to 2,499 sq. ft. '2,500 sq. ft, or larger Non-Residential Auto Sales - Luxury Auto Sales - New/Used Bank/Savings: Drive-In Bank/Savings: Walk-In Business Park Car Wash - Automatic Car Wash - Self-Service Church $1,347.00 $7,725.00 $5,526.00 $4,314.00 $7,464.00 $4,784.00 $3,754.00 $7,652,00 $10,372,00 $11,559.00 $14,996,00 $27,131.00 $40,158,00 $39,429.00 $14,021.00 $39,066.00 $36,367.00 $8,619.00 Per Dwelling Unit Per Dwelling Unit Per Dwelling Unit Per Dwelling Unit Per Dwelling Unit Per Dwelling Unit Per Dwelling Unit Per Dwelling Unit Per Dwelling Unit Per Dwelling Unit Per 1,000 sq, ft. Per 1,000 sq. ft. Per 1,000 sq, ft, Per 1,000 sq. ft, Per 1,000 sq, ft. Per 1,000 sq. ft. Per Service Bay Per 1,000 sq. ft, Underlined text is added; Swek thfeugh text is deleted Page 6 of8 Impact Fee Land Use Category Rate College/University (Private) <7,501 Students >7,500 Students Convenience Store (24 hours) Convenience Store w/Gas Pumps Dance Studios/Gymnastics Day Care Furniture Store Gasoline/Service Station General Light Industrial Golf Course Home Improvement Store Hospital Hotel Hotel - All Suites $2,374.00 Per Student $1,766,00 Per Student $97,636.00 Per 1,000 sq, ft. $37,652.00 Per Fuel Position $11,339.00 Per 1,000 sq. ft. $1,445,00 Per Student $3,545,00 Per 1,000 sq. ft, $8,221.00 Per Fuel Position $7,732,00 Per 1,000 sq, ft, $749,894.00 Per 18 Holes $9,901.00 Per 1,000 sq. ft. $18,034,00 Per 1,000 sq, ft, $6,578,00 Per Room $3,891.00 Per Room $3,517,00 Per Berth (Dry/Wet) $14.18 Per 1.000 cubic vards $1,436.00 Per 1,000 sq. ft. $4,222,00 Per Room $46,217,00 Per Screen $1,261.00 Per Bed $16,763.00 Per 1,000 sq. ft. $14,257.00 Per 1,000 sq, ft. $12,115.00 Per 1,000 sq, ft. $10,296.00 Per 1,000 sq, ft. $9,348.00 Per 1,000 sq, ft. $40,517.00 Per 1,000 sq, ft, $13,958,00 Per 1,000 sq, ft. $14,522.00 Per Servuce Bay $137,444.00 Per 1,000 sq, ft, $2,440,00 Per Seat Marina Mine/Commercial Excavation 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 PharmacylDrug Store Quick Lube Restaurant - Drive-In Restaurant - High Turnover Underlined text is added; StAiek tbFe\lgh text is deleted Page 7 of8 Impact Fee Land Use Category Rate Restaurant - Quality $1,553.00 Per Seat Retail 50,000 Sq, Ft. or Less $19,823.00 Per 1,000 sq. ft, Retail 50,001-100,000 Sq, Ft. $20,041.00 Per 1,000 sq. ft. Retail 100,001-150,000 Sq, Ft. $18,661.00 Per 1,000 sq, ft, Retail 150,001-200,000 Sq. Ft. $17,883,00 Per 1,000 sq, ft, RetaiI200,001-400,000 Sq, Ft. $16,893,00 Per 1,000 sq. ft. Retail 400,001-600,000 Sq, Ft. $16,847,00 Per 1,000 sq, ft. Retail 600,001-1,000,000 Sq. Ft. $18,255,00 Per 1,000 sq. ft. Retail >1,000,000 Sq, Ft. $19,187.00 Per 1,000 sq. ft. Retail - Specialty $26,877,00 Per 1,000 sq. ft, R V Park $2,299,00 Per Site School- Elementary (Private) $1,005.00 Per Student School - Middle (Private) $1,439.00 Per Student School - High School (private) $1,526.00 Per Student Supermarket $26,570.00 Per 1,000 sq. ft. Tire Store $10,930.00 Per Service Bay Underlined text is added; Skuel( 1Iwe~ text is deleted Page 8 aU 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 2009-71 Which was adopted by the Board of County Commissioners on the 15th day of December, 2009, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 17th day of December, 2009. DWIGHT E. BROCK ,if: Clerk of courts~~~R~r~'I;'~) Ex-officio to B!<i~Jd"CJ,l:111J' County Commis&tO~i!"f:l. "', t, , r- ,;,.:,....... } ....,,;I, ...., : rij" (;>"'.'/ _ 'j." :f< ; :)P> , ~.:.'~( I . '; ~ ~.,.t'- i~" ", By: Martha Deputy