Ordinance 2010-46
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4"~ :'(;~';"'" '. 't> ~ ORDINANCE OF THE BOARD OF COUNTY COMMISSIONE~~: ~ ~
~6l8lll9\.S\>g\, OF COLLIER COUNTY, FLORIDA, AMENDING CHAPTER 74 qlf':\, ~ '~
THE COLLIER COUNTY CODE OF LAWS AND ORDINANC~~.. ~ ~
(THE COLLIER COUNTY CONSOLIDATED IMPACT FE1b~\ ~
ORDINANCE) BY INCORPORATING BY REFERENCE Tm.%~ <.J'
"COLLIER COUNTY GENERAL GOVERNMENT BUILDINGS v
IMPACT FEE UPDATE STUDY" AND THE "COLLIER COUNTY
LIBRARY FACILITIES AND ITEMSIEQUIPMENT IMPACT FEE
UPDATE;" AMENDING THE LIBRARY IMPACT FEE RATE
SCHEDULE, WHICH IS SCHEDULE EIGHT OF APPENDIX A, IN
ACCORDANCE WITH THE FINDINGS OF THE UPDATE STUDY,
WHICH PROVIDES FOR A REDUCTION IN RATES; AMENDING
THE GENERAL GOVERNMENT BUILDING IMPACT FEE RATE
SCHEDULE, WHICH IS SCHEDULE NINE OF APPENDIX A, AS SET
FORTH IN UPDATE STUDY, WHICH PROVIDES FOR A
REDUCTION IN RATES; PROVIDING FOR CONFLICT AND
SEVERABILITY; PROVIDING FOR INCLUSION IN THE COLLIER
COUNTY CODE OF LAWS AND ORDINANCES; AND PROVIDING
FOR AN EFFECTIVE DATE OF DECEMBER 20,2010.
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 (Code); and
WHERAS, on April 25, 2006, the Board of County Commissioners adopted Ordinance
No. 2006-18, providing for the adoption of the 2006 "Collier County Library Facilities and
Items/Equipment Impact Fee Update"; and
WHERAS, on July 25, 2006, the Board of County Commissioners adopted Ordinance
No. 2006-40, providing for the adoption of the 2006 "Collier County General Government
Buildings Impact Fee Update Study"; and
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WHEREAS, on April 28, 2009, the Board of County Commissioners adopted Ordinance
No. 2009-17, amending the Code by implementing a revised indexing methodology and thereby
establishing the current Library Impact Fee rates and Government Buildings Impact Fee rates;
and
WHEREAS, Section 74-502 of the Code provides that impact fee studies should be
reviewed at least every three years; and
WHEREAS, Collier County retained Tindale-Oliver & Associates, Inc., to complete the
update studies; and
WHEREAS, Tindale-Oliver and Associates, Inc., has prepared two impact fee studies
entitled the "Collier County General Government Buildings Impact Fee Update Study," dated
November 12,2010, and the "Collier County Library Facilities and Items/Equipment Impact Fee
Update," dated November 12,2010; and
WHEREAS, the "Collier County General Government Buildings Impact Fee Update
Study" recommends changes to the Government Building Impact Fee rate schedule, that provide
for rate reductions in both the residential and commercial land use categories; and
WHEREAS, the average percentage of decrease for residential land uses is 17% and the
average percentage of decrease for commercial land uses is 25%; and
WHEREAS, the "Collier County Library Facilities and Items/Equipment Impact Fee
Update" recommends changes to the Library Impact Fee rate schedule, that provide for rate
reductions; and
WHEREAS, the Library Impact Fee is assessed only on residential construction and the
percentage of decrease ranges between 44% and 62%; and
WHEREAS, the proposed changes to the General Government Building Impact Fee rates
and the Library Impact Fee rates equitably distribute the costs of acquiring public facilities based
upon a rational nexus relating costs incurred by fee payers to infrastructure impacts created by
residential and non-residential land uses; and
WHEREAS, staff has thoroughly reviewed the calculations and findings and concurs
with the results of the calculations and the study; and
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Page 2 of8
WHEREAS, staff recommends that the Board of County Commissioners adopts this
Ordinance to implement the recommended changes; and
WHEREAS, Section 163.31801, Florida Statutes, which is the Florida Impact Fee Act,
requires that the most recent and localized data be used in impact fee calculations and these
studies comply with that requirement. Additionally, the minimum 90-day notice is not required
as the proposed impact fees provide for rate reductions.
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:
***
(4) Library facilities: "Collier County Library Facilities and Items/Equipment Impact
Fee Update," prepared by Tindale-Oliver and Associates, Inc. {:\pril 4, 2006 November
12, 2010);
***
(9) General government facilities: "Collier County General Government Buildings
Impact Fee Update Study " dated May &, 2006, prepared by Tindale-Oliver and
Associates, Inc. (November 12, 2010);
***
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Page 3 of 8
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 Government Building Impact Fee rate schedule and the Library Impact Fee rate
schedule shall be delayed to December 20,2010.
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PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
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County, Florida, this ~ day of LeCemuef ,2010.
ATTEST
Dwight E. Brock; Clerk
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BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
By:
Attts(as
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By: 0 1c-tJ... w ~
FREDW. COYLE, CHAI
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Appr ved as to form
and I al s [; ciency:
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Page 5 of 8
APPENDIX A - SCHEDULE EIGHT
LIBRARY IMPACT FEE RATE SCHEDULE
Effective July 17, 1009 December 20. 2010
Impact Fee Land Use Category Rate
Mobile HomelRV Park $523.80 $237.99 Per Unit/Site
Multi-Family $424.14 $161.25 Per Dwelling Unit
Single Family Detached House
Less than 1,500 sq. ft. $530.17 $291.37 Per Dwelling Unit
1,500 to 2,499 sq. ft. $583.19 $316.95 Per Dwelling Unit
2,500 sq. ft. or larger $631.97 $351.42 Per Dwelling Unit
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APPENDIX A - SCHEDULE NINE
GENERAL GOVERNMENT BUILDING IMPACT FEE RATE SCHEDULE
Effective July 27, 2009 December 20,2010
Impact Fee Land l'se Category
Rate
Residential
Assisted Living Facility
Mobile Home
Multi-Family
Single Family
Less than 1,500 sq, n,
1,500 to 2,499 sq, fl.
2,500 sq, ft, or larger
$327,00 Per Dwelling Unit
~ $581.00 Per Dwelling Unit/Site
$4&M9 $394,00 Per Dwelling Unit
~ $713,00 Per Dwelling Unit
~ $777,00 Per Dwelling Unit
$1,936,99 $860,00 Per Dwelling Unit
Non-Residential
Auto Sales - Luxury
Auto Sales: fNew/Usedj
Bank/Savings: Drive-In
Bank/Savings: Walk-In
Business Park
Car Wash - Automated
Car Wash - Self-Service
Church
Cellege JURier/CeffiRluRity
Cellege URiversity
College/University
7.500 students or fewer
Greater than 7.500 students
Convenience Store (24 hours)
Convenience Store w/Gas Pumps
Day Care
Furniture Store
Gasoline/Service Station
Golf Course
Home Improvement Store
Hospital
HotelfMetel
$442.00 Per I. 000 sa, ft,
!8+94+ $681.00 Per 1,000 sq, fl.
$1,952,29 $908,00 Per 1,000 sq, n.
$1,305,35 $1.024,00 Per 1,000 sq, n,
~ $394,00 Per 1,000 sq, n.
$641.00 Per I. 000 sa, ft,
~ $243,00 Per Service Bay
~ $227,00 Per 1,000 sq, n,
~ Per StudeRt
~ Per StudeRt
$40,00 Per Student
$28,00 Per Student
$2,15401 $2.151.00 Per 1,000 sq, n,
$2,219.51 $1.733,00 Per Fuel Position
~ $20,00 Per Student
$96,00 Per 1.000 sq, n.
$1,007, 15 $78900 Per Fuel Position
$9,876,68 $7.743,00 Per 18 Holes
~ $709,00 Per 1,000 sq, fl.
~ $617,00 Per 1,000 sq, ft,
~ $295,00 Per Room
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Industrial - General Light ~ $275,00 Per 1,000 sq, ft,
Marina ~ $76,00 Per Berth
Mini-Warehouse llic3+ $28,00 Per 1,000 sq, ft,
Motel $275,00 Per Room
Movie Theater $1,369,21 $2.382,00 Per Screen
Nursing Home ~ $287,00 Per Bed
Office 50,000 sq, ft or less ~ $56600 Per 1,000 sq, ft,
Office 50,00 I-I 00,000 sq, ft, ~ $482,00 Per 1,000 sq, ft
Office 100,001-200,000 sq, ft, ~ $410.00 Per 1,000 sq, ft,
Office 200,001-400,000 sq, ft, ~ $350,00 Per 1,000 sq, ft,
Office Greatcr than 400,000 sq, ft, ~ $319,00 Per 1,000 sq, ft,
Office - Mcdical m94+ $685,00 Per 1,000 sq, ft,
Phannacy/Orug Store ~ $769,00 Per 1,000 sq, ft,
Quick Lube ~ $462,00 Per Service Bay
Restaurant - Fast Food w/Orive-ln $1,'1<15,71 $3.589,00 Per 1,000 sq, ft,
Restaurant - High Turnover $3, 601.79 $10800 Per 1,000 Sll, ft. Seat
Restaurant - Quality $3, 139.36 $88,00 Per 1,990 sll, ft, Seat
Retail 50,000 Sq, Ft or Less $1,.158,36 $976,00 Per 1,000 sq, ft.
Retail 50,00 I-I 00,000 Sq, Ft. $1,335,% $980,00 Per 1,000 sq, ft,
Retail 100,001-150,000 Sq, Ft $1.18883 $896,00 Per 1,000 sq, ft
Retail 150,001-200,000 Sq, Ft $1,'117.78 $1.095,00 Per 1,000 sq, ft,
Retail 200,001-400,000 Sq, Ft $1,27(;JOl $93200 Per 1,000 sq, ft,
Retail 400,001-600,000 Sq, Ft $1,295, 91 $972.00 Per 1,000 sq, ft,
Retail 600,001-1,000,000 Sq, Ft $1,295,91 $964,00 Per 1,000 sq, ft,
Retail > I ,000,000 Sq, Ft. $1,061.71 $832,00 Per 1,000 sq, ft,
Retail - Specialty ~ $673,00 Per] ,000 sq, ft,
RV Park $215,00 Per Site
School - Elementary (Private) ~ $24,00 Per Student
School - Middle (Private) llic3+ $28,00 Per Student
School - High School (Private) ~ $32,00 Per Student
Supernlarket $1,031.1 0 $81600 Per 1,000 sq, ft,
Tire Store ~ $53400 Per Service Bay
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Page 8 of8
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 2010-46
Which was adopted by the Board of County Commissioners
on the 14th day of December, 2010, 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, 2010.
DWIGHT E. BROCK
Clerk of Courts and Clerk
Ex-officio to, Board.Rf
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