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Home My WebLink About11-008ORDINANCE NO. 11-008 AN ORDINANCE AMENDING CHAPTER 1-11- i i "LIBRARIES IMPACT FEE," AND CHAPTER i-18-03 "LAW ENFORCEMENT IMPACT FEE" OF THE CODE OF ST. LUCIE COUNTY; AMENDING SECTION 1-11-16 TO CHANGE THE AMOUNT OF THE LIBRARIES IMPACT FEE AND TO PROVIDE FOR ABANDONMENT OF USE IN CALCULATING o LIBRARY IMPACT FEES; AMENDING SECTION 1-11-24 TO ~ ~ USE OF FUNDS TO PROVIDE FOR A REVISED TECHNICAL MEMORANDUM AND CHANGE THE MONTH FROM ~ ~ JANUARY TO APRIL FOR SUBMITTAL OF THE ANNUAL _ ~ o CAPITAL IMPROVEMENT PROGRAM; AMENDING SECTION o < ° 1-18-08 TO CHANGE THE AMOUNT OF THE LAW `° N ENFORCEMENT IMPACT FEE AND TO PROVIDE FOR ~ ~ N" ABANDONMENT OF USE IN CALCULATING LAW _ ~ N a ~ ~VoacO1o ENFORCEMENT IMPACT FEES; AMENDING SECTION 1-18- W ~ ~ ~ ~ 15 USE OF FUNDS TO PROVIDE FOR A REVISED _ ~ " o ~ o! TECHNICAL MEMORANDUM AND CHANGE THE MONTH a~~o o a ~ ~ W c ~ FROM JANUARY TO APRIL FOR SUBMITTAL OF THE `~ " ANNUAL CAPITAL IMPROVEMENT PROGRAM; PROVIDING FOR SEVERABILITY, ALTERNATE METHOD, EFFECTIVE DATE AND FILING FINDINGS OF FACT: WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. The Board has previously adopted impact fees for libraries and law enforcement which fees were most recently revised on May 9, 2000 through the adoption of Ordinance No. 00-002 for library impact fees and on April 6, 2004 through the adoption of Ordinance No. 04-005 for law enforcement impact fees. 2. The Board has received a Technical Memorandum from Dr. James C. Nicholas entitled "Methods Used to Update Library and Law Enforcement Impact Fees" doted April 5, 2010. 3. The Nicholas study demonstrates a reasonable connection between the need for library and law enforcement improvements to be funded by the County and impact fees Underlined passages are added. -1- ~f+°aek-#kreugk passages are deleted. collected for libraries and law enforcement and the impacts on libraries and law enforcement generated by development in the incorporated municipalities (cities of Fort Pierce, Port St. Lucie and the Town of St. Lucie Village) and the unincorporated County. 4. Section 125.045, Florida Statutes, provides the County with the power to enhance and expand economic activity in the County including the authority to expend and use public funds toward achievement of the County's economic development goals. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA PART A. CHAPTER 1-11-11 LIBRARIES IMPACT FEE OF THE CODE OF ORDINANCES AND COMPILED LAWS OF ST. LUCIE COUNTY IS HEREBY AMENDED BY AMENDING SECTION 1-11-16 AS FOLLOWS: Sec. 1-11-16. Computation of the amount of libraries impact fees. (a) At the option of the feepayer, the amount of the f ee may be determined by the following fee schedule. LIBRARIES IMPACT FEE COUNTYWIDE ASSESSMENT LAND USE TYPE RESIDENTIAL Single-family Mobile home/RV Unit park only Multi-family 1/2 floors Multi-family 3+ f loors Hotel/motel (per room) Bed & Breakfast (Guest Rooms) All other residential IMPACT FEE UNIT OF fEe-es-c~ ee as o MEASURE 9§f~A9fAA 04/O1/11* Per unit $ ~ $ 205 Per unit ~ 159 Per unit X44 133 Per unit X44 133 Per room A 0 A 0 Per unit ~ 205 * Fee includes annual CPI adjustments since original fee adoption in 2000. Underlined passages are added. -2- ~;TO~-:nrengh passages are deleted. If the type of development activity for which a building permit; or an 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) The person applying for the issuance of a building permit or an 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 to 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. u If a previous use has been either abandoned or otherwise inactive for a period of two consecutive years prior to the request for issuance of a building permit, electrical permit for recreational vehicle arks or mobile home parks or zoning compliance certificate, the impact fee calculated shall be based upon the new use with an adjustment for any impact fees paid for the previous use. PART B. CHAPTER 1- i l -11 LIBRARIES IMPACT FEE OF THE CODE OF ORDINANCES AND COMPILED LAWS OF ST. LUCIE COUNTY IS HEREBY AMENDED BY AMENDING SECTION 1-16.3-23 AS FOLLOWS: Sec. 1-11-24. Use of funds. (a) The collecting governmental unit shall be entitled to up to but not more than four (4) per cent of the funds collected to compensate them for the actual administrative expense of collecting and administering the libraries impact fee ordinance. All remaining funds collected from libraries impact fees shall be used solely for the purpose of capital improvements to the county's libraries contained within the County's Comprehensive Plan and identified within the s#~dy Technical Memorandum entitled " may.' ••-~-''-••tttY Methods Used to Update Library and Law Enforcement Impact Fees," dated Aril 5.2010, by Dr. James C. Nicholas, as modified based on public comments and submittals. which contains the most recent and localized data and which is incorporated by reference, and not for maintenance or operations. Land acquisition and improvements shall be of the type made necessary by the county's growth and development. (b) Each 3ry~ A ril the county administrator shall present to the board of county commissioners a proposed capital improvement program for libraries and facilities, assigning funds, including any accrued interest, from the libraries impact fee trust fund to specific libraries improvements projects and related expenses. Monies, including any accrued Underlined passages are added. -3- t~ passages are deleted. interest, not assigned in any fiscal period shall be retained in the some libraries 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 of St. Lucie County may enter into interlocal agreements with the governing bodies of the municipalities in St. Lucie County to ensure proper use of the funds collected pursuant to this article. PART C. CHAPTER 1-18-03 LAW ENFORCEMENT IMPACT FEE OF THE CODE OF ORDINANCES AND COMPILED LAWS OF ST. LUCIE COUNTY IS HEREBY AMENDED BY AMENDING SECTION 1-18-08 AS FOLLOWS: Sec. 1-18-08. Computation of the amount of law enforcement impact fee. (a) At the option of the f eepayer, the amount of the fee may be determined by the following fee schedule. The fees shown on the schedule reflect a zero (0) per cent discount. LAW ENFORCEMENT IMPACT FEE IMPACT FEE UNIT OF #ee-s~af ee as o LAND USE TYPE MEASURE A4 04/01/11** RESIDENTIAL Single-family Per unit $~69 194 Mobile home/RV Unit (park only) Per unit i4} 128 Multi-family 1 and 2 floors Per unit i§~1 173 Multi-family 3 floors and up Per unit ~ 136 Hotel/motel Per room X13 130 Bed & breakfast (Guest rooms) Per room i43 130 All other residential Per unit X69 194 OFFICE & FINANCIAL Medical office Per 1,000 sq. ft. X59 186 General office Per 1,000 sq. ft. ~ 195 RETAIL TRADE Under 100,000 sq. ft. Per 1,000 sq. ft, bAb 287 100,000-499,000 sq. ft. Per 1,000 sq. ft. 698 330 500,000 or more sq. ft. Per 1,000 sq. ft. 598 262 Underlined passages are added. -4- ~h passages are deleted. UNIT OF #ee-a~o# ee as o LAND USE TYPE MEASURE A6~9i~A4 04/01/11** GASOLINE SERVICES (Per Service Position) Per pump stat A 63 INDUSTRIAL Warehouse Per 1,000 sq. ft. 3~ 28 Truck terminal Per 1,000 sq. ft. 6-~ 65 General industrial Per 1,000 sq. ft. 49 45 INSTITUTIONAL School-Elem. Per 1,000 sq. ft. X19 242 School-Middle/high Per 1,000 sq. ft. X34 160 Day care center Per 1,000 sq. ft. X33 153 Fraternal organization Per 1,000 sq. ft. 6-8 72 Hospital Per bed 6~ 72 Nursing home Per bed 63 72 Library Per 1,000 sq. ft. 63 73 RECREATIONAL Park(city/county/state) Per acre 63 68 Recreation facility-All types Per 1,000 sq. ft. 63 73 Golf course Per acre 63 73 Movie Theatres Per seat A 34 NOTE: *The fee schedule shown in this table is subject to annual revision based upon the provisions of section 1-18-19 of this article. ** Fee includes annual CPI adjustments since original fee adoption in 2004. If a building is requested for mixed uses, then the fee shall be determined through using the above schedule by apportioning the space committed to uses specified on the schedule. (b) If the type of development activity for which a building permit is applied is not specified on the above fee schedule, the county administrator shall use the fee applicable to Underlined passages are added. -5- ~frdelt f#~r~ex~gh passages are deleted. the most nearly comparable type of land development on the above fee schedule. If the county administrator determines that there is no comparable type of land use on the above fee schedule, then the county administrator shall determine the fee by: (1) Applying the formula set forth in 1-18-08(b) hereof. The county administrator shall determine the applicable land use type. In the case of a change of use, redevelopment, or modification of an existing use which requires the issuance of a building permit, electrical permit for recreational vehicle parks or mobile home parks or zoning compliance certificate, the impact fee shall be based upon the net increase in the impact fee for the new use as compared to the previous use. If, however, the previous use has been either abandoned or otherwise inactive for n period of 2 consecutive dears prior to the request for the issuance of a building permit, electrical permit for recreational vehicleparks or mobile home parks or zoning compliance certificate, then the impact fee calculated shall be based upon the new use with an adjustment for any impact fees paid for the previous use. The following formula shall be used by the county administrator or his designee to determine the impact fee per unit: Cost per Unit =Capital Cost per Capita x Functional Population Impact Fee =Cost per Unit x Functional Population PART D. CHAPTER 1-17 LAW ENFORCEMENT IMPACT FEE OF THE CODE OF ORDINANCES AND COMPILED LAWS OF ST. LUCIE COUNTY IS HEREBY AMENDED BY AMENDING SECTION 1-18-15 AS FOLLOWS: Sec. 1-18-15 Use of funds (a) All funds collected from Inw 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 of Florida and identified within the s#ady technical memorandum entitled Methods Used to Update LibrarX and Law Underlined passages are added. -6- ~#rdek#kreagk passages are deleted. Enforcement Impact Fees," doted 3~p~-HAAS April 5, 2010, by Dr. James C, Nicholas, which contains the most recent and localized data and which is incorporated by reference. Lnw 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. (b) Except as provided in paragraph ~ u of this section, all funds shall be used exclusively for identified law enforcement capital improvements. Funds shall be expended in the order in which they are collected. (c) Each ~entiery A ri I the county administrator shall present to the board of county commissioners a proposed capital improvement program for law enforcement capital equipment assigning funds, including any accrued interest, from the several special revenue funds to specific law enforcement projects rand related expenses. Moneys, including any accrued interest, not assigned in nny fiscal year shall be retrained in the same special revenue funds until the next fiscal year except as provided by the refund provisions of this article. (d) The collecting governmental entity shall be entitled to retain not more than four (4) per cent of all impact fee funds it collects to offset the actual costs of administering and enforcing this article. PART E. SEVERABILITY. Provisions of this Ordinance are severable; and if nny section, subsection, sentence or clause or provision is held invalid by any court of competent jurisdiction, the remaining provisions of this ordinance shall not be affected thereby. PART F. ALTERNATIVE METHOD. This Ordinance shall be deemed to provide an additional and alternative method for the doing of the things authorized hereby and shall be regarded as supplemental and additional to powers conferred by other laws, and shall not be regarded ns in derogation of any powers now existing or which may hereafter come into existence. This ordinance, being necessary for the Public Health, Safety, and Welfare of the inhabitants of the County shall be liberally construed to affect the purposes hereof. PARK 6. EFFECTIVE DATE. A certified copy of this ordinance shall be filed with the Department of State by the Clerk of the Board of County Commissioners of St. Lucie County within ten days after enactment by the Board. The Amendments to Section 1-11-24 "Use of Funds" and Section 1-18-15 "Use of Funds" shall become effective on April 1, 2011. The Amendments to Section 1-11-16 "Computation of the amount of libraries impact fee," rand Section 1-18-08 "Computation of the amount of law enforcement impact fee" shall become effective on Apri 11, 2011. Underlined passages are added. -7- ~#rwek-#~rangh passages are deleted. PART H. FILING WITH 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 I. ADOPTION. After motion and second, the vote on this ordinance was as follows: Chairman Chris Craft AYE Vice Chairman Chris Dzadovsky AYE Commissioner Tod Mowery AYE Commissioner Frannie Hutchinson AYE Commissioner Paula A. Lewis NAY PART J. 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 E to J shall not be codified. PASSED AND DULY. ATTEST: Deputy Clerk his 1st day of March 2011. Underlined passages are added. -8- ~h passages are deleted. BOARD OF COUNTY COMMISSIONERS APPROVED AS TO FORM AND RICK SCOTT Governor March 10, 2011 Honorable Joseph E. Smith Clerk of the Circuit Court St. Lucie County 2300 Virginia Ave Fort Pierce, Florida 34982 Attention: Ms. Millie Delgado-Feliciano, Deputy Clerk Dear Mr. Smith: ~. Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your letter March 7, 2011 and certified copy of St. Lucie County Ordinance No. 11-008, which was filed in this office on March 9, 201 1. Sincerely, ~.y~ y fir- .___.. Liz Cloud Program Administrator LC/vm DIRECTOR'S OFFICE R.A. Gray Building • 500 South Bronough Street Tallahassee, Florida 32399-0250 850.245.6600 FAX: 850.245.6282 TDD: 850.922.4085 http://dlis.dos.state.fl.us COMMUNITY DEVELOPMENT STATE LIBRARY OF FLORIDA STATE ARCHIVES OF FLORIDA 850.245.6600 • FAX: 850.245.6643 850.245.6600 • FAX: 850.245.6744 850.245.6700 • FAX: 850.488.4894 KURT S. BROWNING Secretary of State CAPITOL BRANCH RECORDS MANAGEMENT SERVICES ADMII~IISTRATNE CODE AND WEEKLY 850.488.2812 • FAX: 850.488.9879 850.245.6750 • FAX: 850.245.6795 850.245.6270 • FAX: 850.245.6282 STATE LIBRARY AND ARCHIVES OF FLORIDA