Ordinance 2010-38
9 ,\01112 ~
l\~ Rre~VED "0,
~ . OCT '2010 ~ ORDINANCE NO. 2010- 38
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"tn ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS \
OC' ft., COLLIER COUNTY, FLORIDA, AMENDING CHAPTER 74 OF
6'C"aC'lZ9ZS1.,'t/1.<tJ HE COLLIER COUNTY CODE OF LAWS AND ORDINANCES
(THE COLLIER COUNTY CONSOLIDA TED IMPACT FEE
ORDINANCE) BY INCORPORATING BY REFERENCE THE
"COLLIER COUNTY TRANSPORTATION IMPACT FEE COST AND
CREDIT UPDATE STUDY" WHICH IS AN AMENDMENT TO THE
ADOPTED "COLLIER COUNTY TRANSPORTATION IMPACT FEE
UPDATE STUDY;" AMENDING THE ROAD IMPACT FEE RATE
SCHEDULE, WHICH IS SCHEDULE ONE OF APPENDIX A, AS SET
FORTH IN THE COST AND CREDIT UPDATE, WHICH PROVIDES
FOR A REDUCTION IN RATES; AMENDING THE PARKS AND
RECREATION IMPACT FEE RATE SCHEDULE, WHICH IS
SCHEDULE THREE OF APPENDIX A, IN ACCORDANCE WITH
THE ADOPTED INDEXING METHODOLOGY, UTILIZING A TWO-
YEAR AVERAGE, WHICH PROVIDES FOR A REDUCTION IN
RATES; ACCEPTING THE CALCULATION OF THE INDEXING
PERCENTAGE FOR THE CORRECTIONAL FACILITIES IMPACT
FEE IN ACCORDANCE WITH THE ADOPTED INDEXING
METHODOLOGY, UTILIZING A TWO- YEAR AVERAGE, BUT
PROVIDING THAT THE CURRENT CORRECTIONAL FACILITIES
IMPACT FEE RATES REMAIN IN EFFECT RATHER THAN
INCREASING THE FEES AS CALCULATED; PROVIDING FOR
CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION
IN THE COLLIER COUNTY CODE OF LAWS AND ORDINANCES;
AND PROVIDING FOR ADELA YED EFFECTIVE DATE OF
OCTOBER 8, 2010.
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, Collier County has used impact fees as a funding source for growth-related
capital improvements for various facilities since 1978; and
WHEREAS, on March 13, 2001, the Board of County Commissioners 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
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WHEREAS, in October of 2002 the Board of County Commissioners directed that
during the upcoming required three-year updates of the individual impact fees that methodology
also be developed to provide for the annual indexing of the fees in the years between the formal
updates; and
WHEREAS, on February 28, 2006, the Board of County Commissioners directed that
the indexing methodology for each of the impact fees be reviewed and revised, as appropriate, to
reflect localized information; and
WHEREAS, Collier County retained Tindale-Oliver & Associates, Inc. to complete the
study to localize the indexing methodologies; and
WHEREAS, on June 26, 2007 the Board of County Commissioners adopted Ordinance
2007-57, thereby adopting the "Collier County Impact Fee Indexing Study," and amending the
Code to reflect the new indexing provisions and amended rates; and
WHEREAS, on October 28, 2008 the Board of County Commissioners directed that the
Productivity Committee be afforded the opportunity to review the indexing methodology based
on the Committee's request to consider the appropriateness of an indexing model that is more
sensitive to the current economic conditions; and
WHEREAS, Tindale-Oliver and Associates, Inc. completed the report entitled the
"Collier County Indexing Methodology Study, " which amended portions of the adopted "Collier
County Impact Fee Indexing Study" and recommended that a two-year average be utilized to
calculate the various indices; and
WHEREAS, on April 28, 2009, the Board of County Commissioners adopted Ordinance
No. 2009-17, amending the Code by implementing the revised indexing methodology; and
WHEREAS, in 2010, Community Parks, Regional Parks, Correctional Facilities, and
Road Impact Fees are scheduled to be indexed, using the adopted methodology; and
WHEREAS, the indexing calculations have been completed resulting in a decrease in
rates of 4.7% for Community Parks, a decrease in rates of 11.9% for Regional Parks and an
increase in rates of 3.4 % for Correctional Facilities; and
WHEREAS, with respect to this annual indexing, staff recommends that the Board of
County Commissioners only implement the decreases to Community Parks, Regional Parks, and
that the increase to Correctional Facilities not be implemented, but rather the current impact fee
rates remain in place; and
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Page 2 of9
WHEREAS, due to the significant changes in transportation related construction costs
throughout the State, staff and the impact fee consultant, Tindale-Oliver and Associates, Inc.
agreed that a "Cost and Credit Update" should be performed in place of the annual indexing; and
WHEREAS, the results of the "Cost and Credit Update" is an average decrease of 32%
in the residential Road Impact Fee rates and commercial Road Impact Fee rates; and
WHEREAS, staff has thoroughly reviewed the calculations and findings and concurs
with the results of the calculations and the study; and
WHEREAS, staff recommends that the Board of County Commissioners adopt this
Ordinance to implement the recommended changes; 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.
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.
The board hereby adopts and incorporates by reference the following studies with regard
to the respective public facilities:
(l)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) as
amended by the "Collier County Transoortation Impact Fee Cost and Credit Update
Study" (Seotember 8, 20 I 0);
***
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SECTION TWO. 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 THE 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 and subject to
filing with the Florida Department of State; however, for administrative purposes the effective
date of the Road Impact Fee Rate Schedule and the Parks and Recreation Impact Fee Rate
Schedule shall be delayed to October 8, 2010.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida this It!:. day o&fttW\~2010.
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ATTEST
Dwight E. Broc~,Clerk
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'to and legal sufficiency:
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
'-1 · w. ~
By: ~
FRED COYLE, Chairm
ThJs ordinance filed with the
Ses:I8tory of Stqt,'s Offic. the
~ day of~, 2t>IO
and OCknowledgemen~ that
fil rec:eiwd is I day
of 0
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APPENDIX A - SCHEDULE ONE
ROAD IMPACT FEE RATE SCHEDULE
Effective JURe 8, 2009 October 8. 2010
Impact Fee Land Use Category Rate
Residential
Assisted Living Facility (ALF) $1,3~7.00 $1.035.00 Per Dwelling Unit
Condo/Townhouse (1-2 Stories) $7,725.00 $5.1 68.00 Per Dwelling Unit
High-Rise Condominium (3+ Stories) $5,526.00 $3.750.00 Per Dwelling Unit
Mobile Home $~,31~.OQ $2.910.00 Per Dwelling Unit
Multi-Family (Apartments) 1-10 Stories $7,~6~.00 $5.239.00 Per Dwelling Unit
Multi-Family (Apartments) > 10 Stories $~,78~.00 $3.330.00 Per Dwelling Unit
Retirement Community $3,75~.OO $2.582.00 Per Dwelling Unit
Single Family Detached House
Less than 1,500 sq. ft. $7,652.00 $5.137.00 Per Dwelling Unit
1,500 to 2,499 sq. ft. $l{l,372.0Q $6.985.00 Per Dwelling Unit
2,500 sq. ft. or larger $1l,559.00 $7.897.00 Per Dwelling Unit
Non-Residential
Auto Sales - Luxury $1 ~,996.00 $10.1 13.00 Per 1,000 sq. ft.
Auto Sales - New/Used $27, 131.00 $16.471.00 Per 1,000 sq. ft.
Bank/Savings: Drive-In $~0,158.00 $26,762.00 Per 1,000 sq. ft.
Bank/Savings: Walk-In $39, ~29.00 $26.281.00 Per 1,000 sq. ft.
Business Park $14,021.00 $9.474.00 Per 1,000 sq. ft.
Car Wash - Automatic $39,066.00 $25.957.00 Per 1,000 sq. ft.
Car Wash - Self-Service $36,367.00 $24.082.00 Per Service Bay
Church $8,619.00 $5.724.00 Per 1,000 sq. ft.
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Impact Fee Land Use Category Rate
College/University (Private)
<7,501 Students $2,371.00 $1.610.00 Per Student
>7,500 Students $1,766.00 $1.215.00 Per Student
Convenience Store (24 hours) $97,636.00 $64.473.00 Per 1,000 sq. ft.
Convenience Store w/Gas Pumps $37,652.00 $24.845.00 Per Fuel Position
Dance Studios/Gymnastics $11,339.QO $7.665.00 Per 1,000 sq. ft.
Day Care $1,415.00 $979.00 Per Student
Furniture Store $3,515.00 $2.497.00 Per 1,000 sq. ft.
Gasoline/Service Station $8,221.00 $5.395.00 Per Fuel Position
General Light Industrial $7,732.00 $5.261.00 Per 1,000 sq. ft.
Golf Course $719,891.00 $519.916.00 Per 18 Holes
Home Improvement Store $9,9Q1.00 $6.692.00 Per 1,000 sq. ft.
Hospital $18,031.QO $11.406.00 Per 1,000 sq. ft.
Hotel $6,578.00 $4.459.00 Per Room
Hotel - All Suites $3,891.00 $2.677.00 Per Room
Marina $3,517.00 $2.389.00 Per Berth (Dry/Wet)
Mine/Commercial Excavation ~ $8.00 Per 1,000 cubic yards
Mini- Warehouse $1,136.00 $1.074.00 Per 1,000 sq. ft.
Motel $1,222.00 $2.854.00 Per Room
Movie Theater $16,217.00 $30,747.00 Per Screen
Nursing Home $1,261.00 $844.00 Per Bed
Office 50,000 sq. ft. or less $16,763.00 $11.286.00 Per 1,000 sq. ft.
Office 50,001-100,000 sq. ft. $11,257.00 $9.620.00 Per 1,000 sq. ft.
Office 100,001-200,000 sq. ft. $12,115.QO $8.208.00 Per 1,000 sq. ft.
Office 200,001-400,000 sq. ft. $10,296.00 $6.998.00 Per 1,000 sq. ft.
Office Greater than 400,000 sq. ft. $9,318.00 $6.375.00 Per 1,000 sq. ft.
Office - Medical $10,517.00 $27.083.00 Per 1,000 sq. ft.
Pharmacy/Drug Store $13,958.00 $9.373.00 Per 1,000 sq. ft.
Quick Lube $11,522.00 $9.660.00 Per Servuce Bay
Restaurant - Drive-In $137, 411.00 $91.307.00 Per 1,000 sq. ft.
Restaurant - High Turnover $2,110.00 $1.638.00 Per Seat
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Impact Fee Land Use Category Rate
Restaurant - Quality $1,553.00 $1.032.00 Per Seat
Retail 50,000 Sq. Ft. or Less $19,823.00 $13.243.00 Per 1,000 sq. ft.
Retail 50,001-100,000 Sq. Ft. $20,011.00 $13.399.00 Per 1,000 sq. ft.
Retail 100,001-150,000 Sq. Ft. $18,M 1.00 $12.500.00 Per 1,000 sq. ft.
Retail 150,001-200,000 Sq. Ft. $17,883.00 $11.974.00 Per 1,000 sq. ft.
Retail 200,001-400,000 Sq. Ft. $le,893.00 $11.330.00 Per 1,000 sq. ft.
Retail 400,001-600,000 Sq. Ft. $le,817.00 $11.307.00 Per 1,000 sq. ft.
RetaiI600,001-1,000,000 Sq. Ft. $18,255.00 $12.259.00 Per 1,000 sq. ft.
Retail >1,000,000 Sq. Ft. $19,187.00 $12.887.00 Per 1,000 sq. ft.
Retail - Specialty $2e,877.00 $17.962,00 Per 1,000 sq. ft.
RV Park $2,299.00 $1.553.00 Per Site
School - Elementary (Private) $1,005.00 $709.00 Per Student
School - Middle (Private) $1, 139.00 $992.00 Per Student
School - High School (Private) $1,52e.00 $1.049.00 Per Student
Supermarket $2e,570.00 $17.708.00 Per 1,000 sq. ft.
Tire Store $10,930.00 $7.385.00 Per Service Bay
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APPENDIX A - SCHEDULE THREE
PARKS AND RECREATION IMP ACT FEE RATE SCHEDULE
Effective October 8. 2010
Community Parks Effeeti'le: February 1, 2010
Impact Fee Land Use Category
Rate
HotellMotel $503.22 $479.57 Per Room
Mobile HomelRV Park $945.71 $901.26 Per Unit/Site
Multi-Family $711.45 $678.0 I Per Dwelling Unit
Single Family Detached House
Less than 1,500 sq. ft. $1, 199.02 $1,142.67 Per Dwelling Unit
1,500 to 2,499 sq. ft. $1,315.89 $1 ,254.04 Per Dwelling Unit
2,500 sq. ft. or larger $1,445.75 $1.377.80 Per Dwelling Unit
Regional Parks Eff.eetive: Nayember 1, 2009
Impact Fee Land Use Category
Rate
HotellMotel
Mobile HomelRV 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
$1,038.61
$1,910.05
$1,298.26
$915.02
$1,688.04
$1,143.77
Per Room
Per Unit/Site
Per Dwelling Unit
$2,199.69
$2,420.51
$2,606.80
$1,937.93
$2.132.47
$2,349.45
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 2010-38
Which was adopted by the Board of County Commissioners
on the 28th day of September, 2010, during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 1st
day of October, 2010.
By: Martha
Deputy