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Ordinance 2011-19 <f;% A' ~\ ~ -'l "?: '-: ~ "~, (.." ~..> "l', (" ...'1' , ,/ ~ !\< A. " Vf';~',' "/7 v((\ /~ (' t<. ~/, ,.:) /,; , ..... \Cl ,..- " ,) ~y;.) I"/. ,,~. "%>,.- '/ ORDINANCE NO. 2011- 19 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF 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 TRIP GENERATION RATE ANALYSIS, ENTITLED "TRANSPORTATION IMPACT FEE CALCULATIONS FOR SELECT LAND USES - MARCH 23, 2011," CONDUCTED RELATED TO THE CHURCH, CONVENIENCE STORE WITH GAS PUMPS, MANUFACTURING, SMALL MEDICAL OFFICE AND WAREHOUSE LAND USES; AMENDING THE ROAD IMPACT FEE RATE SCHEDULE, WHICH IS SCHEDULE ONE OF APPENDIX A, TO PROVIDE FOR THE NEW MANUFACTURING, SMALL MEDICAL OFFICE AND WAREHOUS.~ LAND USE CATEGORY AND IMPACT FEE RATE AND AMENDING THE CONVENIENCE STORE WITH GAS PUMPS RATE TO PROVIDE FOR TIERED RATES AND THE CHURCH RATE TO PROVIDE FOR A PER SEAT CALCULATION, IN ORDER TO MORE EQUITABLY ACCOUNT FOR DEMAND CREATED; UPDATING THE GENERAL DEFINITIONS SECTION; UPDATING PROVISIONS RELATED TO USE OF IMPACT FEE CREDITS; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR A DELAYED EFFECTIVE DATE OF SEPTEMBER I, 2011, IN ACCORDANCE WITH THE 90-DA Y NOTICE REQUIREMENTS OF SECTION 163.31801, FLORIDA STATUTES, WHICH IS THE FLORIDA IMPACT FEE ACT. 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 lmpactl'ee 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, codilied in Chapter 74 of the Collier County Code of Laws and Ordinances (the "Code"); and WHEREAS, on February 22, 2011, the Board adopted Ordinance No. 2011-05, thereby amending Schedule One of Appendix A of Chapter 74 of the Code and establishing the Road Impact Fee rates that are wrrently in effect; and WHEREAS, on February 26, 2008, the Board. based on the recommendation of the Productivity Committee, directed that additional rate categories. particularly for small l}ll!kIlincQ lext is adlkd: Stfilt.'-k-thHmgR text is ddctcd businesses, be developed, when appropriate, to address land uses that are not currently contemplated on the impact fee schedules; and WHEREAS, on May 25, 2010, the Board, in accordance with recommendations from the building industry, the Productivity Committee, the Development Services Advisory Committee and the Economic Development Council of Collier County. further directed that the County Manager, or his designee, explore additional or alternative impact fee rates for specialty medical offices, small medical offices and/or other medical uses with lesser impacts than a traditional medical oHice; and WHEREAS, the current rate sehedule for Road Impact Fees does not include a "Manufacturing," "Small Medical Otlice" or "Warehouse" land use category or impact fee rate; and WHEREAS, staff has received numerous inquiries related to potential projects that would be appropriately classilied under these land use categories; and WHEREAS, based on data available and reviews conducted, statI and Tindale-Oliver and Associates recommend that changes to the "Church" and "Convenience Store with Gas Pumps" rates be incorporated to more equitably account for demand created; and WHEREAS, the "Church" rate will be measured by number of seats rather than square footage and the "Convenience Store with Gas Pumps" will now incorporate a tiered system rather than a flat rate per fueling position; and WHEREAS. Tindale-Oliver and Associates, Inc., has prepared trip generation rate analysis for theses land uses in order to develop. or modity, the impact fee rates, and WHEREAS, this analysis, is being incorporated by reference as "Transportation Impact Fee Calculations for Sclect Land Uses ~ March 23, 2011;" and WHEREAS. the Consultant has preparcd the fee calculation methodology that will be imposed in an equitable and non-discriminatory manner; and WHEREAS. the proposed changes were developed consistent with the adopted impact fee methodology; 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 analysis complies with that requirement; and L:!1J,h:rlincd lext is added. Stfll~:kthf6ugh le't IS tickted Page:! \.If9 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 tindings, concurs with the recommended changes to the Road Impact Fee rate schedule, and rccommends that the Board of County Commissioners adopts this Ordinance to implement the recommended changes; and WHEREAS, staff has identilied provision within Section 74-205 related to the use and assignment of impact fee credits related to developer contribution agreements that should be updated in order for developers to effectively utilize their impact fee credits. WHEREAS, this amended language is consistent with other types of developer agreements used to administer impact fee credits. 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. *** (I) Transportation facilities: "Collier County Transportation Impact Fee Update Study," prepared by Tindale-Oliver and Associates, Incorporated (February 19,20(9) and Collier County Trip Characteristics Study - Mine Land Use (Scptember 3, 2009) as amended by the "Collier County Transportation Impact Fee Cost and Credit Update Study" (September 8, 2010) and the "Transportation Impact Fee Calculations for Select Land Uses" (March 23, 2011 ); *** 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 ehapter, 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 wnflicl(s). LIJ\,J.$;.f.V.n~~g texl is added, ,"ttHwk -thft.mgfl tc:\t IS deleted Pagc J \If\) ... !vfanufacturinl! shall mean facilities where the primarv activitv is the conversion of raw materials or parts into linished products. ... Small medical office shall mean medical oflices with 10.000 square feet or less that are occupied bv medical doclors. ... Warehouse shall mean facilities that are primarilv devoted to the storage of materials. They mav also include oflice and maintenance areas. Retail use may not exceed 20 percenl of the building or facilitv. SECTION THREE. Article II, Impact Fees, Section 74-205, Developer contribution credit, of the Collier County Code of Laws and Ordinances is hereby amended to read as follows: ... (n) Impact fee credits shall not be assigned or otherwise transferred from one development 10 another development except by written agreement executed by the county, and then, shall only be transferable from one development to another development owned by the same developer within the same or adiacent impact fee district for the same type of public facility impact fee. This assignment or transfer mav be to commercial and/or residential developments. No such assignment or transfer of inlpact fee credits shall Be allo'",'ed until tHe original development has seen compleled. lmpacl fee credits will be accomplished only through the operation of a credit agreement. Should an assignment of credil be approved by the county through execution of such an agreement, the assignee shall lake the agreement as is and shall be bound by all of the terms and conditions of the agreemenl as originally executed by the assignor and other parties. No assignee (or lransteree) of any SUch agreement shall have the right to any review procedure under this chapler except 10 the extent expressly granted in the agrecment. L)lJl;rUJ]5:~, ll:xllS added; !orifUt'k.-tmllt@t tt:xt is dclt:kd Page -t nf9 The provisions of this paragraph shall apply to subsequent purchasers or successors in ti tie to the owner. .** 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 contlicts 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 eompetent 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 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 Counly, 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. This Ordinance shall be considered adopted on the date written below. However, the effective date of the Road Impact Fee Schedule shall be delayed to September I, 2011, in accordanee with the 90-day notice requirements of Section 163.31801, Florida Statutes, which is the Florida Impact Fee Act. Lnd..:rllnSQ text IS addcd~ Sffi.~thr.ougR text is dclckd Page 5 01'9 PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida on this the ~ytlt day Of~, 2011. ATTEST Dwight E. Brock, Clerk , ~iw~~ - . '. . . ' Deputy Clerk At~t. a' to ~\..... · .t...~ -.,- Approved as 10 form a d Ie I fticiency: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY. FLORIDA '1uJ-w~ By: FRED W. COYLE. CHAI N This ordinance f!.:d \..ah tb-, Secretary of Stote's Olfi<~" tho .cl:J:':"~ay of ~_, ~9L( and aCknOWiCdJe~Jn~ 9J; th"t filir;g, received this ,,~ doy of -hA\; Z,(:}[ \ ~ J$;r~4. _c..... i~:lldcrJincd IC.X!IS aJdc(.J; St-nKk-thmugh tr.:\1 is Lkkh:d Page () nf9 Impact Fee Land Lse Category Residential Assisted Living Facility (ALF) Condo/Townhouse (1-2 Stories) High.Rise Condominium (3+ Stories) Mobile Home Multi.Family (Apartments) I. JO Stories Multi-Family (Apartments) >10 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 targer 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 ,SCHEDl'LE ONE ROAD IMP ACT FEE RATE SCHEDlILE Phal!Jt II-Effective Merek SeDtembcrl,2011 Rate $906.00 $4,53700 $3.292.00 $2,553.00 $4,599.00 $2,92300 $2,266.00 Per Dwelling Unit Per Dwelling Unit Per Dwelling Unit Per Dwelling Unit Per Dwelling Unit Per Dwelling Unit Per Dwelling Unit $4,510.00 $6.133.00 $6.934.00 Per Dwelling Unit Per Dwelling Unit Per Dwellmg Unit $8,874.00 Per 1,000 sq ft. $14,451.00 Per 1,000 sq. ft. $23,40500 Per 1,000 sq. ft. $22.984.00 Per 1,000 sq. ft. $8,317.00 Per 1,000 sq. ft. $22,663.00 Per 1,000 sq ft. $21,026.00 Per Service Bay $.,92299 1lliM Perl,{)ggsEl.ft.~ Underlined text is added; EIRleh IkrB\:Ig~ text is deleted Page70f 9 Impact Fee Land Use Categor)' College/University (Private) <7,501 Students >7.500 Students Convenience Store (24 hours) Convenience Store w/Gas Pumps 4 or less Fuel Posi[ions 5 - 6 Fuel PosItions 7 - 8 Fuel Positions 9 . 10 Fuel Positions 11 . 12 Fuel Positions J3 or more Fuel Positions Dance Studios/Gymnastics Day Care Furniture Store Gasoline/Service Station General Light Industrial Go]f Course Home Improvement Store Hospital Hotel Hotel - All Suites Manufacturine: Marina Mine/Commercial Excavation Mini-Warehouse Motel Movie Theater Nursing Home Office 50.000 sq. ft. or less Office 50.00 I-I 00.000 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 Greater than 10000 sa ft Office - Medical 10000 sa. ft or less Pharmacy/Drug Store Quick Lube Restaurant. Drive-In Restaurant - High Turno\:er Rate $1.41300 $1.067.00 $56.12800 $21,5J1.GG $6,712.00 $856.00 $2,189.00 $4,666.00 $4,619.00 $456.527.00 $5,849.00 $10,01500 $3,915.00 $2,35000 $2533.00 $2,098.00 $600 $941. 00 $2,503.00 $26,86800 $738.00 $9,905.00 $8.443.00 $7.205.00 $6.142.00 $5.59600 $23.776.00 $15757.00 $8.186.00 $8,444 00 $79.737.00 $1.435.00 $21 534.00 1lli5800 $14887.00 $1266500 $11 50900 1iM72 00 Per Student Per Student Per 1,000 sq. ft. Per F~el PasitieR Per Fue] Position Per Fuel Position Per Fuel Position Per Fue] Position Per Fuel Position Per Fuel Position Per 1,000 sq. ft. Per Student Per 1,000 sq. ft. Per Fuel Position Per 1,000 sq. ft Per 18 Holes Per 1,000 sq. ft. Per 1,000 sq. ft. Per Room Per Room Per 1 000 sa. ft. Per Berth (DrylWet) Per 1.000 cubic yards Per 1,000 sq. ft Per Room Per Screen Per Bed 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 I 000 sa. ft. Per 1.000 sq ft. Per Servuce Say Per 1,000 sq ft Per Seat Underlined lexl is added; Stl'Uel. IhreHgh lexl is deleted Page 8 (I(q Impact Fee land l1se Cafegory Rate Restaurant - Qual ity $90400 Per Seat Retail 50,000 Sq, Ft or Less $11,555.00 Per 1,000 sq. ft. Retail 50,001-100,000 Sq. Ft $11.706.00 Per LOaD sq. ft Retail 100,001-150,000 Sq, Ft $10,924.00 Per 1,000 sq ft. Retail 150,001-200,000 Sq. Ft. $10,465.00 Per 1,000 sq. ft. Retail 200.001-400,000 Sq. Ft. $9,909.00 Per 1,000 sq ft Retail 400.001-600.000 Sq. FI $9,896.00 Per 1,000 sq. ft. Retail 600,001-1,000,000 Sq. Ft $10,74000 Per 1,000 sq ft. Retail > 1 ,000,000 Sq. Ft. $11,296.00 Per 1,000 sq. ft. Retail - Specialty $15,728.00 Per 1,000 sq. ft. RV Park $1,363.00 Per Site School - Elementary (Private) $623 00 Per Student School - Middle (Private) $870.00 Per Student School - High School (Private) $92000 Per Student Supennarket $15,466.00 Per 1,000 sq. ft. Tire Store $6,45700 Per Service Bay Warehouse iU52.00 Per I 000 s.,g,Jl Underlined text is added; StFUilli tflrsugk text is deleted Page 90f9 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 2011-19 Which was adopted by the Board of County Commissioners on the 24th day of May, 2011, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 26th day of May, 2011. DWIGHT E. BROCK Clerk of Courts and Clerk Ex-officio to Board of Oo=Oy :o:m~:;: k .,' "'. "..'", By: Teresa Pola~!>d_ ,," ;,' ~.~, Deputy Clerk' . ."" , . 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