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Home My WebLink About17-003.. (�e-f�cca�d�.d -� correct dam passe& oj-\a 4 JOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT SAINT LUCIE COUNTY FILE # 4301110 04125/2017 12:11:42 PM OR BOOK 3988 PAGE 509 - 514 Doc Type: ORDN RECORDING: $52.50 ORDINANCE NO. 17-003 AN ORDINANCE AMENDING ARTICLE III, CHAPTER 24, FIRE/EMS PROTECTION IMPACT FEE, ST. LUCIE COUNTY CODE AND COMPILED LAWS BY AMENDING SECTION 24-55, COMPUTATION OF THE AMOUNT OF FIRE/EMS PROTECTION IMPACT FEE TO INCREASE THE FEE; AMENDING SECTION 24-62(a), USE OF FUNDS, TO INCORPORATE THE UPDATED TECHNICAL MEMORANDUM DATED OCTOBER 4, 2016 PREPARED BY JAMES C. NICHOLAS, PH.D.; PROVIDING FOR CONFLICTING PROVISIONS, SEVERABILITY AND APPLICABILITY; PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE; PROVIDING FOR AN EFFECTIVE DATE; PROVIDING FOR ADOPTION; AND PROVIDING FOR CODIFICATION. WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determination: 1. The St. Lucie County Comprehensive Plan establishes that land development shall not be permitted unless adequate capital facilities exist or are assured; and 2. The St. Lucie County Comprehensive Plan establishes that and development shall bear a proportionate share of the cost of the provision of the new or expanded capital facilities required by such development; and 3. Policy 11.1.2.4 of the St. Lucie County Comprehensive Plan and recognizes the obligation of future development in the community to be responsible for paying 100% of its capital facility/improvement impacts; and 4. The Florida Legislature through the enactment of Sections 163.31801, 163.3202(3) and 191.006, Florida Statutes, has sought to encourage local governments to enact impact fees and land development regulations; and 5. The St. Lucie County Fire District has requested the Board of County Commissioners to adopt a Fire/EMS Protection Impact Fee to be paid by new development and to be earmarked for Fire/EMS Protection Capital Improvements; and 6. The St. Lucie County Fire District has determined the property tax revenue generated by new development has not been adequate to support the Fire/EMS Protection Facilities necessary to ensure that current Fire/EMS facilities levels of service can be provided concurrent with the occupancy of the new development; and JOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT SAINT LUCIE COUNTY 1- FILE # 4306983 0511012017 10:24:06 AM OR BOOK 3994 PAGE 1992 - 1997 Doc Type: ORDN RECORDING: $52.50 7. On February 16, 2017, the Local Planning Agency/St. Lucie County Planning and Zoning Commission held a public hearing on the proposed ordinance after publishing two notices in the News Tribune at least ten (10) days prior to the hearing and continued the public hearing to March 16, 2017; and, 8. On March 16, 2017, the Local Planning Agency/St. Lucie County Planning and Zoning Commission recommended that the proposed ordinance be adopted as drafted; and 9. On April 4, 2017, this Board held its first public hearing on the proposed ordinance after publishing a notice of such hearing in the News Tribune on Mary 24, 2017; and 10. On April 18, 2017, this Board held its second public hearing on the proposed ordinance, after publishing a notice of such hearing in the News Tribune on April 7, 2017. 11. The Board of County Commissioners has reviewed and accepted a Technical Memorandum on an Update of Fire/EMS Protection Impact Fee for St. Lucie County, dated October 4, 2016, prepared by Dr. James C. Nicholas. 12. The proposed amendments to the Fire/EMS Protection Impact Fee are consistent with the general purpose, goals, objectives, and standards of the St. Lucie County Comprehensive Plan and is in the best interest of the health, safety, and public welfare of the citizens of St. Lucie County, Florida. NOW, THEREFORE, Be it Ordained by the Board of County Commissioners of St. Lucie County, Florida: PART A. ARTICLE III "FIRE/EMS PROTECTION IMPACT FEE" OF CHAPTER 24 (IMPACT FEES) OF THE CODE OF ORDINANCES OF ST. LUCIE COUNTY, FLORIDA, IS AMENDED AS FOLLOWS: ARTICLE III FIRE/EMS PROTECTION IMPACT FEE Section 24-55. Computation of the Amount of Fire/EMS Protection Impact Fees. A. At the option of the feepayer, the amount of the fee may be determined by the following fee schedule: -2- FIRE/EMS PROTECTION IMPACT FEE COUNTYWIDE ASSESSMENT LAND USE TYPE UNIT OF MEASURE RESIDENTIAL Single Family PER UNIT LAND USE TYPE UNIT OF MEASURE Mobile Home/RV (MHP/RV Park only) PER UNIT Multi-FamilyTypes) 1 & 2 Story PER UNIT Multi -Family 3+ Stories PER UNIT Hotel/Motel PER ROOM Bed & Breakfast 08/01/17 (Does not include the primary residence. 617 Single family unit fee must also be assessed IMPACT FEE For the residential portion of use) PER ROOM All other residential PER UNIT OFFICE & FINANCIAL 267 Medical Office PER 1000 FT Other Office PER 1000 FT RETAIL TRADE 639 Under 100,000 FT PER 1000 FT 100,000-499,000 FT PER 1000 FT' 500,000 FT2and over PER 1000 FT GASOLINE SERVICES Service Station PER 1000 FT INDUSTRIAL Warehouse PER 1000 FT Truck Terminal PER 1000 FT General Industrial PER 1000 FT INSTITUTIONAL School -Elementary PER 1000 FT -3- $123 639 $47-8 617 $2-K 618 $2S2 618 $443 IMPACT FEE 9cc-a3-a* Fee as of 02�0!jQ6 08/01/17 $478 617 IMPACT FEE Fee,as a# Fee as of 02/01jQ6 08/01/17 $_w 267 $-97 402 $2.2-3 724 $22--3 639 $123 639 $47-8 617 $2-K 618 $2S2 618 $443 496 $443 496 $443 496 319 $-64 50 $-64 70 $-64 70 $426 537 School-Middle/High PER 1000 FT $4216 537 Day Care Center PER 1000 FT $42-6 537 Fraternal Organization PER 1000 FT $42-E 537 Hospital PER 1000 FT $426 537 Nursing Home PER BED $ Library PER 1000 FT $4-2g 537 LAND USE TYPE RECREATIONAL UNIT OF MEASURE Park Public PER ACRE Recreation Facility —All Types PER 1000 FTz Golf Course PER ACRE Movie Theater PER 1000 FTz IMPACT FEE Fpp;ar, a Fee as of 02/01/06 08/01/17 x-49 510 X49 510 X49 510 $443 510 NOTE: The fee schedule shown in this Table is subject to annual revision based upon the provisions of Section 1 :7.9 1T 24-66 of this Article. If the type of development activity for which a building permit, electrical permit for a mobile home park or recreational vehicle park is applied for is not specified on the above fee schedule, the County Administrator shall use the fee applicable to the most nearly comparable type of land use on the above fee schedule. B. If the person applying for the issuance of a building permit or electrical permit for a mobile home park or recreational vehicle park may, at his option, submit evidence to the County Administrator indicating that the fees set out in Paragraph A above are not appropriate for his particular development. Based upon convincing and competent evidence, the County Administrator may adjust the fee to that appropriate for the particular development. ********************************************* Section 24-62. Use of funds. (a) The funds collected by the county and municipalities located therein shall be remitted at least monthly to the county fire district. The collecting governmental unit shall be entitled to up to but not more than four percent of the funds collected to compensate the entity for the administrative expense of collecting and administering this article. All remaining funds collected from fire/EMS protection impact fees shall be used solely for the purpose of capital -4- improvements to the county's fire/EMS protection facilities and equipment a -Rd identified within the technical memorandum titled "Update of the St. Lucie County Fire and Rescue Impact Fee" dated October 4, 2016 prepared by James C. Nicholas Ph.D., which contains the most recent and localized data and which is incorporated by reference. Fire/EMS Protection impact fees shall not be used for maintenance or operations. Land acquisition and improvements shall be of the type made necessary by the county's growth and development. (b) Each January the county fire district shall present to the board of county commissioners a proposed capital improvement program for public building and facilities, assigning funds, including accrued interest, from the fire/EMS protection impact fee trust fund to specific fire/EMS protection improvements projects and related expenses. Monies, including any accrued interest, not assigned in any fiscal period shall be retained in the same fire/EMS protection impact fee trust fund until the next fiscal period, except as provided by the refund provisions of this article. Funds shall be deemed expended in the order received. (c) The board of county commissioners and the fire district will enter into appropriate interlocal agreements between or among themselves and the governing bodies of the municipalities in the county to provide for the collection of fees imposed and to ensure proper use of the funds collected pursuant to this article. PART B. CONFLICTING PROVISIONS. Special acts of the Florida legislature applicable only to unincorporated areas of St. Lucie County. County ordinances and County resolutions, or parts thereof, in conflict with this ordinance are hereby superseded by this ordinance to the extent of such conflict. PART C. SEVERABILITY. If any portion of this ordinance is for any reason held or declared to be unconstitutional, inoperative or void, such holding shall not affect the remaining portions of this ordinance. If this ordinance or any provision thereof shall be held to be inapplicable to any person, property or circumstances, such holding shall not affects its applicability to any other person, property or circumstance. PART D. APPLICABILITY OF ORDINANCE. This ordinance shall be applicable throughout St. Lucie County's jurisdiction, including the incorporated area even in the absence of interlocal agreements with the affected -5- municipalities. PART E. FILING WITH THE DEPARTMENT OF STATE. The Clerk be and hereby is directed forthwith to send a certified copy of this ordinance to the Bureau of Laws, Department of State, The Capitol, Tallahassee, Florida, 32304. PART F. EFFECTIVE DATE; TERMINATION. This ordinance shall take effect August 1, 2017. PART G. ADOPTION. After motion and second, the vote on this ordinance was as follows: Commissioner Chris Dzadovsky, Chairman AYE Commissioner Tod Mowery, Vice Chairman AYE Commissioner Linda Bartz AYE Commissioner Frannie Hutchinson AYE Commissioner Cathy Townsend NAY PART I. CODIFICATION. Provisions of this ordinance shall be incorporated in the County Code and the word "ordinance" may be changed to "section", "article" or other appropriate word, and the sections of this ordinance may be renumbered or relettered to accomplish such intention; provided, however, that Parts B to I shall not be codified. PASSED AND DULY ADOPTED this ATTEST: I day of h r*1 1 2017. 19 BOARD OF COUNTY COMMISSIONERS ST. LUCIECOU BY: Chair/man APPROVED AS TO FORM AND CORRECTNESS: BY: n<<---1— ham., A56%—County Attorney by."M B V w galag , RICK SCOTT Governor April 24, 2017 Honorable Joseph E. Smith Clerk of the Circuit Court St. Lucie County 2300 Virginia Avenue Fort Pierce, Florida 34982 Attention: Ms. Melissa Upton Dear Mr. Smith: KEN DETZNER Secretary of State Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your electronic copy of St. Lucie County Ordinance No. 17-003, which was filed in this office on April 24, 2017. Sincerely, Ernest L. Reddick Program Administrator ELR/lb R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250 Telephone: (850) 245-6270 www.dos.state.ft.us