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Home My WebLink About17-012ORDINANCE NO. 2017-12 AN ORDINANCE AMENDING ARTICLE IV, CHAPTER 24, LAW ENFORCEMENT IMPACT FEE, ST.- LUCIE COUNTY CODE AND M ;0U P 0 COMPILED LAWS BY AMENDING SECTION 24-95, COMPUTATION OF n W m z y �1�#1� THE AMOUNT OF LAW ENFORCEMENT IMPACT FEE TO INCREASE THE ° O.C. �w' z,a0 6 6 M, FEE; AMENDING SECTION 24-102(a) "USE OF FUNDS" TO N O 3 CX INCORPORATE THE UPDATED TECHNICAL MEMORANDUM DATED o G) 8 - o NN j Mr- r'.) OCTOBER 4, 2016 PREPARED BY DR. JAMES C. NICHOLAS; PROVIDING N FOR CONFLICTING PROVISIONS, SEVERABILITY AND APPLICABILITY; "M PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE; o -4 0 PROVIDING FOR AN EFFECTIVE DATE; PROVIDING FOR ADOPTION; AND PROVIDING FOR CODIFICATION. i o 1 WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made thel 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 a 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 9.1.2.3 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 and 163.3202(3) Florida Statutes, has sought to encourage local governments to enact impact fees and land development regulations; and 5. The St. Lucie County Sheriff's Department has requested the Board of County Commissioners to adopt a Law Enforcement Impact Fee to be paid by new development and to be earmarked for Law Enforcement Capital Improvements; and 6. On March 16, 2017, the Local Planning Agency/St. Lucie County Planning and Zoning Commission held a public hearing on the proposed ordinance after — 1 — publishing notice in the St. Lucie News Tribune at least ten (10) days prior to the hearing and recommended that the proposed ordinance be adopted as drafted; and 7. On April 4, 2017, this Board held its first public hearing on the proposed ordinance after publishing a notice of such hearing in the St. Lucie News Tribune on March 24, 2017; and 8. On June 6, 2017, this Board held its second public hearing on the proposed ordinance, after publishing a notice of such hearing in the St. Lucie News Tribune on May 17, 2017. 9. The Board of County Commissioners has reviewed and accepted a Technical Memorandum on an Update of Law Enforcement Impact Fee for St. Lucie County dated October 4, 2016, prepared by Dr. James C. Nicholas. 10. The proposed amendments to the Law Enforcement 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 IV "LAW ENFORCEMENT IMPACT FEE" OR CHAPTER 24 (IMPACT FEES) OF THE CODE OF ORDINANCES OF ST. LUCIE COUNTY, FLORIDA, IS AMENDED AS FOLLOWS: ARTICLE IV LAW ENFORCEMENT IMPACT FEE Section 24-95 Computation of the Amount of Law Enforcement Impact Fees. A. At the option of the fee payer, the amount of the fee may be determined by the following fee schedule: —2— LAW ENFORCEMENT IMPACT FEE COUNTYWIDE ASSESSMENT —3— impact Fee Impact Fee Land Use Type Unit of Measure r (as of 04/01/2011) (as of 10/01/2017) RESIDENTIAL I Single-family Per unit $1-94 232 Mobile home/RV unit (park only) Per unit $124 146 r�- Multifamily 1 and 2 floors Per unity 161 5 l Multifamily 3 floors and up - i------ Per unit 165 Hotel/motel i Per room X38 143 Bed and breakfast (guest rooms) i I Per room $4730 143 All other residential Per unit X94 232 OFFICE AND FINANCIAL t Medical office Per 1,000 square 324 feet Per 1,000 square 177 General office i feet RETAIL TRADE I i Under 100,000 square feet Per 1,000 square 248 i feet i Per 1,000 square 308 100,000-499,000 square feet feet $ I ] 500,000 square feet and over 000 square Per 1,feet 246 i —3— GASOLINE SERVICES r Service station Per pump stat 3 69 INDUSTRIAL Warehouse Per 1,000 square 30 feet Truck terminal Per 1,000 square 52 feet M W General industrial Per 1,000 square $45feet 51 i i INSTITUTIONAL 1 School—Elementary Per 1,000 square 254 i i feet j School—Middle/High Per 1,000 square 258 feetA Day care center Per 1,000 square 3 178 feet Fraternal organization I� Per 1,000 square _F $74feet 205 Hospital Per bed $74198 —T Nursing home Per bed $74 1256 Library Per 1,000 square 295 l feet RECREATIONAL j Park (city/county/state) I Per acre 62 1 Recreation facility—All Types Per 1,000 square 72 feet Golf course Per acre $74 135 Movie theater I Per seat 1 $44 32 seat The fee schedule shown in this table is subject to annual revision based upon the provisions of section 24-106.Fee includes annual CPI adjustments since original fee adoption in 2004. 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 indication 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 24-102 Use of Funds (a) All funds collected from law enforcement impact fees shall be used solely for the purpose of capital improvements or enhancements to law enforcement facilities as identified in the county's comprehensive plan or the comprehensive plans of the City of Fort Pierce, City of Port St. Lucie, St. Lucie Village or by the state and identified within the technical memorandum titled "Methods Used to Update library, Public Buildings, Parks and Recreation and Law Enforcement Impact Fees," dated Affil -S, 2010 October 4, 2016, by Dr. James C. Nicholas, which contains the most recent and localized data and which is incorporated by reference. Law enforcement impact fees shall not be used for maintenance or operation purposes. Such improvements shall be of the type as are made necessary by the new development. 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. —5— 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 municipalities. PART E. FILLING 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 October 1, 2017. PART G. ADOPTION. After motion and second, the vote on this ordinance was as follows: Chris Dzadovsky, Chairman AYE Tod Mowery, Vice -Chairman AYE Frannie Hutchinson, Commissioner AYE Linda Bartz, Commissioner AYE Cathy Townsend, Commissioner AYE i� 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 6` day of June, 2017. ATTEST: —7— BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: Chairman APPROVED AS TO FORM AND CORRECTNESS: BY FLORIDA DEPARTMENT OSTATE RICK SCOTT Governor June 13, 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. 2017-12, which was filed in this office on June 13, 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. fl. us