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Ordinance 2011-05 ~-::~~---'--- ro " " n -" ~,. '- <10.':-', " ~ ,.' l ' ~ . ,\~~t\ '. \ ~,\>.'i' ORDINANCE NO. 201 I - 05 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS ::eF COLLIER COUNTY, FLORIDA, AMENDING CHAPTER 74 OF THE COLLIER COUNTY CODE OF LAWS AND ORDINANCES (THE COLLIER COUNTY CONSOLIDATED IMPACT F~}: ORDINANCE) BY AMENDING THE ROAD IMPACT FEE RATE SCHEDULE, WHICH IS SCHEDULE ONE OF APPENDIX A, TO REFLECT THE PHASE II RATE SCHEDULE, AS SET FORTH IN-- THE "COLLIER COUNTY TRANSPORTATION IMPACT FEE COST- AND CREDIT UPDATE STUDY" ADOPTED ON SEPTEMBER 28, 2010, 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 ADELA YED EFFECTIVE DATE OF MARCH 1,201 I. ~ ~.\ ", 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 WHEREAS, on March 10, 2009, the Board of County Commissioners adopted Ordinance No. 2009-09, providing for an update of the Road Impact Fees and thereby implementing the revised Road Impact Fee rates; and WHEREAS, in 2010, Community Parks, Regional Parks, Correctional Facilities, and Road Impact Fees were scheduled to be indexed, using the adopted methodology; and 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 result of the Cost and Credit Update was an average decrease of 32% in the residential Road Impact Fee rates and commercial Road Impact Fee rates for the Phase I Page I or6 schedule, which was adopted on September 28, 2010, and became effective on October 8, 2010, via Ordinance No. 2010-38; and WHEREAS, during the Cost and Credit Update, Tindale-Oliver and Associates, Inc., provided a detailed analysis of the cost component related to utility relocations; and WHEREAS, utility relocation costs are included as part of the Phase I Road Impact Fee rates; and WHEREAS, the general practice statewide is to include these costs as part of the utility impact fees and/or utility rates; and WHEREAS, with the completion of the Utility Impact Fee study, the utility relocation costs will be removed from the Road Impact Fee and moved to the appropriate utility impact fees and/or rates; and WHEREAS, the removal of the utility relocate component from the Road Impact Fee further reduces the fee by an average of 10%; 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 rate change complies with that requirement. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE. 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 TWO. 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 Page 2 01'6 separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portions. SECTION THREE. 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 FOUR. 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 - Phase II shall be delayed to March 1, 2011. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida this ;);)';1/ day of 1;. b riA4-fJ_' 2011, ATTEST .,"J' ,.". . :~~igJ1P:::: Brock, Clerk {~~ ',~. .,,",,:,c' t Ch.t........ neputy Clerk . ~..~~~'>,t;d 0 ~ ._'-1 "~nature 00.1 ~ BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA fuLW ~ By: FRED W. COYLE, CHAI AN This ordinance filed with the S,llq'ltory of State's Office i~ / / ~'l:!ay of ~rW'l;'-'1' and ocknowledge?,ent ;>JI thaI fili~thl' ~ day of ,~ Daputvc.... Page J 01'6 tmpact Fee Land Use Category Residential Assisted Living Facility (ALF) Condo/Townhouse (1-2 Stories) High-Rise Condominium (3+ Stories) Mobile Home Multi-Family (Apartments) 1-10 Stories Mulli-Family (Apartments) > I 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 APPENDIX A - SCHEDULE ONE ROAD IMPACT FEE RATE SCHEDULE Phase! II - Effective OetelleF 8, 21110 March 1, 2011 Rate $1,035.00 $906.00 Per Dwelling Unit $5,168,00 $4.537.00 Per Dwelling Unit $3,750.00 $3.292.00 Per Dwelling Unit $2,910.00 $2.553.00 Per Dwelling Unit $5,329.00 $4.599.00 Per Dwelling Unil $3,330.00 $2,923.00 Per Dwelling Unil $2,582.00 $2,266.00 Per Dwelling Unil $5, 1J7.00 $4.510.00 Per Dwelling Unit $6,985.00 $6,133.00 Per Dwelling Unit $7,897.00 $6,934.00 Per Dwelling Unit $10,113.00 $8.874.00 Per 1,000 sq. ft. $16,171.00 $14.451.00 Per 1,000 sq. ft. $26,762.00 $23.405.00 Per 1,000 sq. ft. $26,281.00 $22,984.00 Per 1,000 sq. ft. $9,171.00 $8.317.00 Per 1,000 sq. ft. $25,957.00 $22.663.00 Per 1,000 sq. ft. $21,082.00 $2 1.026.00 Per Service Bay $5,721.00 ~22.00 Per 1,000 sq. ft. Underlined text is added; StrHel: tlul:lugh text is deleted Page 4 of 6 Impact Fee Land Use Category Coilege/University (Private) <7,50 I 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 fmprovement Store Hospital Hotel Hotel - Ail Suites 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 Pharmacy/Drug Store Quick Lube Restaurant ~ Drive-In Restaurant - High Turnover Rate $1,619.90 $1.413.00 Per Student $1,215.09 $ 1.067.00 Per Student $61, 173.99 lli,128.00 Per 1,000 sq. ft. $21,815.09 liL2J4.00 Per Fuel Position $7,665.90 $6,712.00 Per 1,000 sq. ft. $979.99 $856.00 Per Studenl $2, 197.09 $2,189.00 Per 1,000 sq. ft. $5,395.90 $4,666.00 Per Fuel Position $5,26190 $4,619.00 Per 1,000 sq. ft. $519,9] 6.09 $456.527.00 Per 18 Holes $6,691.09 $5.849.00 Per 1,000 sq. ft. $11, 196.09 $10.015.00 Per 1,000 sq. ft. $1,159.99 llil2.00 Per Room $2,677.90 $2,350.00 Per Room $2,389.00 R,098.00 Per Berth (Dry /W et) ~ $6.00 Per 1,000 cubic yards $1,071.90 $211.00 Per 1,000 sq. ft. $2,851.90 $2.503.00 Per Room $30,717.00 $26.868.00 Per Screen $811.00 $738.00 Per Bed $11,286.90 $9.905.00 Per 1.000 sq. ft. $9,629.90 $8.443.00 Per 1,000 sq. ft. $8,298.90 $7.205.00 Per 1,000 sq. ft. $6,998.00 $6,142.00 Per 1,000 sq. ft. $6,375.99 $5.596.00 Per 1,000 sq. ft. $27,083.99 $23.776.00 Per 1,000 sq. ft. $9,373.99 $8.186.00 Per 1,000 sq. ft. $9,669.00 $8.444.00 Per Servuce Bay $91,307.00 $79.737.00 Per 1,000 sq. ft. $1.638.90 $ 1.435.00 Per Seat Underlined text is added; Stroel: thrsHgh text is deleted Page 5 of6 .,.- ~._-'------,-~.,-~.,._~.._--_..~~~ Impact Fee Land llse Category Rate Restaurant - Quality $1,032.00 $904.00 Per Seat Relail 50,000 Sq. Ft. or Less $13,213.90 $11.555.00 Per 1,000 sq. ft. Retail 50,001-100,000 Sq. Ft. $13,399.00 $11.706.00 Per 1.000 sq. ft. Retail 100,001-150,000 Sq. Ft. $i2,500.00 $10.924.00 Per 1,000 sq. ft. Retail 150,001-COO,000 Sq. Ft. $11,971.00 $10.465.00 Per 1,000 sq. ft. Retail 200,001-400,000 Sq. Fl. $11.330.00 i9,909.00 Per 1,000 sq. ft. Retail 400,001-600,000 Sq. Ft. $11,307.00 $9,896.00 Per 1,000 sq. ft. Retail 600,001-1,000,000 Sq. Fl. $12,25900 $10,740.00 Per 1,000 sq. ft. Retail > I ,000,000 Sq. Fl. $12,887.00 $1 1.296.00 Per 1,000 sq. ft. Retail - Specialty $17,962.00 $15,728.00 Per 1,000 sq. ft. R V Park $1,553,00 $1.363.00 Per Site School - Elemenlary (Private) $709.00 $623.00 Per Student School - Middle (Private) $992.00 $870.00 Per Student School - High School (Private) $1,019.00 $920.00 Per Studenl Supermarket $17,708.00 $15.466.00 Per 1,000 sq. ft. Tire Store $7,385.00 $6.457.00 Per Service Bay Underlined text is added; Simsl: tJ:lF8Hgh text is deleted Page 6of6 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 2011-05 Which was adopted by the Board of County Commissioners on the 22nd day of February, 2011, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 25th day of February, 2011. DWIGHT E. BROCK Clerk of Courts ap4,~lerk Ex-officio to ElQCl~~.o.:'61:-';. County Commisslcinell',6 e'" \'> :'.t'\' '! , ,- ~ ':). . ~ Q~';;s.a:"W "~ O~~:...r. By: Teresa Pol~j'. ,,>' Deputy Clerk .