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Home My WebLink About15-009JOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT SAINT LUCIE COUNTY FILE # 4095716 07/28/2015 a109:18 AM OR BOOK 3771 PAGE 2632 - 2636 Doc Type: ORDN RECORDING: $44.00 a ` ORDINANCE NO. 15-009 File No. Ord -520154871 AN ORDINANCE AMENDING CHAPTER 24 (IMPACT FEES), ARTICLE I (IN GENERAL), OF THE CODE OF ORDINANCES OF ST. LUCIE COUNTY, FLORIDA, BY AMENDING SECTION 24-1 (ECONOMIC DEVELOPMENT IMPACT FEE MITIGATION PROGRAM) TO PROVIDE FOR LOCALLY OWNED AND OPERATED SMALL BUSINESSES TO BE ELIGIBLE FOR ECONOMIC DEVELOPMENT IMPACT FEE MITGATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR APPLICABILITY; PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE; PROVIDING 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 determinations: 1. On January 15. 2008, the Board adopted Ordinance No. 08-007 which created Section 1-7.5-1 (Economic Development Impact Fee Mitigation Program) of the St. Lucie County Code of Ordinances and Compiled Laws, to establish an economic development impact fee mitigation program for Qualified Target Industry Businesses to encourage economic development opportunities within the county and to create permanent employment expansion opportunities for the citizens of the county. 2. On August 12, 2014, the Board adopted Ordinance No. 14-020 which amended and recodified the St. Lucie County Code of Ordinances, including the recodification of Chapter 1-7.5 as Chapter 24 and Section 1-7.5-1 to Section 24-1. 3. On June 18, 2015, the St. Lucie County Planning and Zoning Commission held a public hearing, of which due notice was published in the St. Lucie News Tribune, and recommended approval to the Board of County Commissioners; and 4. On July 21, 2015, the Board of County Commissioners of St. Lucie County, Florida held a public hearing, of which due notice was placed in the St. Lucie News Tribune and unanimously deemed it to be in the best interest of the health, safety and welfare of the county's residents to amend Section 24-1 to provide for long term locally owned and operated businesses seeking to expand their facilities and workforce to participate in the Economic Impact Fee Mitigation Program. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of St. Lucie County, Florida, as follows: PART A. Section 24-1 (Economic Development Impact Fee Mitigation) of Article I (In General) of Chapter 24 (Impact Fees) of the Code of Ordinances of St. Lucie County is amended as follows: Underlined passages are added. e -k thr-neug4 passages are deleted. Sec. 24-1. - Economic development impact fee mitigation program. (a) For the purpose of this section, the term "qualified target industry business" shall mean a new or expanding business in the county that has a positive economic and fiscal impact on the county and meets the requirements of F.S. § 288.106, or its statutory successor in function, as a qualified target industry business. For the purpose of this section, the term "applicant" shall include any person, company, research institute or business park developer that will house qualified target industry businesses. (b) For the purposes of this section, the term "locally owned and operated small business" shall mean a target industry continually operated in St. Lucie County for at least three (3) years which is owned and operated by a St. Lucie, Martin, Indian River or Okeechobee County resident whose homestead is located in St. Lucie, Martin, Indian River, Okeechobee County, and which employs fifty (50) or fewer employees. (bc) Because the imposition of the impact fees herein may place the county in a non-competitive position with other local governments that have chosen not to require growth to pay its fair share of needed capital facilities, thus hindering efforts by the county and the community to encourage economic development opportunities within the county and to create permanent employment expansion opportunities for the county's citizens, there is hereby created an economic development impact fee mitigation program for certain qualified target industry businesses to mitigate any real or perceived disadvantage occurring from the imposition of the impact fees. (Gd) This program is not intended as an entitlement program. The program is intended to provide the board of county commissioners the opportunity, in its sole discretion, to grant impact fee mitigation to qualified target industry businesses. (de) To be eligible for an economic development impact fee waiver, an applicant must meet the following requirements: (1) Qualify as a qualified target industry business and create a minimum of ten new jobs or a ten percent increase in existing employment (whichever is greater) with an average private sector wage (excluding benefits) of at least 107 percent of the county's average private sector wage (excluding the top two executive salaries) and provide a benefit package that includes health insurance and remain in the county for a minimum of ten years; or (2) Qualify as a qualified target industry business and create a minimum of ten new jobs or a ten percent increase in existing employment (whichever is greater) with an average private sector wage (excluding benefits) of 100 percent of the county's average private sector wage (excluding the top two executive salaries) and make a capital investment in the county of $10,000,000.00 or greater in construction, renovations, equipment purchases, or other major capital investment items and remain in the county for a minimum of ten years; and or (3) Qualify as a locally owned and operated small business and create a minimum of ten new jobs with an average private sector wage (excluding benefits) of 100 percent of the county's average private sector wage (excluding the top two executive salaries) and provide a benefit package that includes health insurance and remain in the county for a minimum of ten years: and, (34) Enter into an agreement with the county wherein the applicant agrees to locate or expand its business operations to/within the county for a period of at least ten years. The agreement will also require the applicant to provide the county with the applicant's quarterly report (UCT-6) and all other documentation to demonstrate that the job creation and salary level commitments were achieved. (efl Any applicant seeking an economic development impact fee waiver shall file an application for waiver with the county administrator prior to the issuance of the building permit for the subject capital facilities impact construction. The application shall contain: 2 Underlined passages are added. Qr. rk tth.hm, ^" passages are deleted. (1) A designation of the capital facilities impact construction for which the application is being submitted, including a current and complete legal description of the property upon which the qualified target industry business is proposed to be located; (2) The name and address of the owner of the property upon which the qualified target industry business is proposed to be located; (3) Proof that the capital facilities impact construction will be a qualified target industry business (4) A notarized affidavit and all necessary supporting evidence affirming that the applicable requirements of subsection (d"(" ^F (d)(2) (e) of this section will be met within one year of the date the certificate of occupancy is issued which term may be extended by the board of county commissioners upon good cause shown; and (5) Other necessary information as determined by the county administrator. (fg) Any applicant who submits an application for economic development impact fee mitigation pursuant to this section and desires the immediate issuance of a building permit prior to approval of the application shall pay the impact fees imposed herein. Should the board of county commissioners approve and accept the mitigation application, the mitigation amount shall be refunded to the applicant or owner. (gh) If the applicant meets the requirements provided above for mitigation, the applicant shall be eligible for the following: (1) If the applicant qualifies under subsection (de)(1) of this section, it shall be eligible to receive an economic development impact fee mitigation in the following amounts; provided, however, that the board may increase these waiver amounts in the event the applicant exceeds these requirements: Number of Jobs Percent of Average Waiver Amount Created Private Sector Wage Minimum of 10 107% plus benefits $3,500.00 per job created Minimum of 10 150% plus benefits $5,000.00 per job created Minimum of 10 200% plus benefits $7,500.00 per job created (2) If the applicant qualifies under subsection (dg)(2) of this section, it shall be eligible to receive an economic development impact fee mitigation in the following amounts; provided, however, that the board may increase these mitigation amounts in the event the applicant exceeds these requirements: Number of Jobs Created Minimum of 10 Minimum of 10 Minimum of 10 Total Capital Investment Waiver Amount $10,000,000.00 to $14,999,999.99.00 40% of total county impact fees $15,000,000.00 to $19,999,999.99 $20,000,000 or more 3 50% of total county impact fees 60% of total county impact fees Underlined passages are added. StFU& thFGU@4 passages are deleted. (3) If the applicant qualifies under subsection (e)(3) of this section it shall be eligible to receive an economic development impact fee mitigation in the following amounts: provided however, that the board may increase these waiver amounts in the event the applicant exceeds these requirements: Number of Jobs Percent of Average Created Private Sector Wage Minimum of 10 100% plus benefits Minimum of 10 140% plus benefits Minimum of 10 185% plus benefits Waiver Amount $3,500.00 per iob created $5,000.00 per job created $7,500.00 per job created Each applicant shall only be eligible for mitigation under either subsection (de)(1), (de)(2) or(e)(3), but not beth -in combination. (ki) If the county administrator finds that the applicant meets the requirements provided herein for mitigation, the county administrator shall agenda an impact fee mitigation agreement before the board of county commissioners, which shall contain, but not be limited to, the county impact fee mitigation application for qualified target industries and any other documents as requested by the county administrator. Because this program is not an entitlement program, the board may reject the request for mitigation without cause. (41 Any incentive approved pursuant to the economic development impact fee mitigation program shall be paid from other legally available funds (other than impact fees). (j) Any request for economic development impact fee mitigation must be submitted to the county by the applicant prior to the applicant deciding whether or not they will expand or locate in the county. PART K. SEVERABILITY. If any provision of this Ordinance or the application thereof to any person or circumstance is held invalid, it is the intent of the District that the invalidity shall not affect other provisions or applications of the Ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this Ordinance are declared severable. PART L. FILING WITH THE DEPARTMENT OF STATE. The Clerk is hereby directed forthwith to send a certified copy of this ordinance to the Bureau of Administrative Code and Laws, Department of State, the Capitol, Tallahassee, Florida 32304. PART M. EFFECTIVE DATE. This Ordinance shall take effect retroactively on May 1, 2015. 4 Underlined passages are added. ►eac a�+o passages are deleted. PART N. ADOPTION. After motion and second, the vote on this ordinance was as follows: Chair Paula A. Lewis AYE Vice Chair Kim Johnson AYE Commissioner Chris Dzadovsky AYE Commissioner Tod Mowery AYE Commissioner Frannie Hutchinson AYE PART O. CODIFICATION. Provisions of this ordinance shall be incorporated in the Code of Ordinances of St. Lucie County, Florida, 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 K through O shall not be codified. PASSED AND DULY ADOPTED this 21st day of July, 2015. ATTEST: Underlined passages are added. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: APPROVED AS TO FORM AND CORRECTNESS: `�eak t h r e - passages are deleted. RICK SCOTT KEN DETZNER Governor Secretary of State July 23, 2015 Honorable Joseph E. Smith Clerk of the Circuit Court St. Lucie County 2300 Virginia Avenue Fort Pierce, Florida 34982 Attention: Ms. Sue Korunow, Recording Secretary/Finance Assistant Dear Mr. Smith: Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your electronic copy of St. Lucie County Ordinance No. 15-009, which was filed in this office on July 23, 2015. Sincerely, Ernest L. Reddick Program Administrator ELR/lb R. A. Gray Building 500 South Bronough Street Tallahassee, Florida 32399-0250 Telephone: (850) 245-6270 Facsimile: (850) 488-9879 www.dos.state.fl.us