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Home My WebLink About06-003 !~y 1b: ~5P{) '. 'GmT>. F.lrl- Chlt-f {Ù'\ Crook 5, fA b· rn-f13 ¥1'n ~ RE=RECDRDED 'ID ADD CHANGES 'ID PAGE 2 ORDINANCE NO. 06-003 (FORMERLY ORDINANCE NO. 05-042) AN ORDINANCE AMENDING ARTICLE V, CHAPTER 1-7.9, FIRE/EMS IMPACT FEE, ST. LUCIE COUNTY CODE AND COMPILED LAWS BY AMENDING SECTION 1-7.9-06, COMPUTATION OF THE AMOUNT OF FIRE/EMS PROTECTION IMPACT FEE TO INCREASE THE FEE, PROVIDING FOR CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY AND APPLICABILITY; PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE; PROVIDING FOR 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. 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 land 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 recognizes the obligation of future development in the community to be responsible for paying 100/0 of its capital facility/improvement impacts; and 4. The Florida Legislature through the enactment of Section 163.3202(3), Florida Statutes, has sought to encourage local governments to enact impact fees as 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. 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. Underline is for addition. -1- Stril(c Tkrel:J!k is for deletion. L'_-~i-' 6 JJ j -I.., ::CO"C/)m Pi::CF:þC og:ž:E i!?ON-jŽ z"'õi~s: G) ~..... ('). ".....0>_." ...N:::!m;:o i:J,,~(')--< tn»-O<- oG)~c:... ~¡:;¡~~ i:Jª-<~ ~ æ. ~ ~ ß " ~~ ~ 0" -j g¡¡: :I: -I m '< (') ~ ;5 o (') ::c c: §? ::¡ (') o c: ;:0 -j ;co:!!C/)m m;cr-:þC (')ot1J~z:E g--j- ;c N Z º"'.....~:: Z N '" c:. G)...:: ~." ~:j~m;:o i:J"ß(')':< ~~ßg~ m- z- ~~-j(') RJãí-<¡:;; ......, ;:0 ~; " f3 ~ 0 t\,)~ ." 0" -j g¡¡: ffi ~ ~ ~ :xl o (') ;c c: ° ::¡ Z (') o c: ~ 7. On December 8, 2005, 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 Port St. Lucie News and The Tribune at least ten (10) days prior to the hearing and recommended that the proposed ordinance be adopted as drafted. 8. On December 20, 2005, this Board held its first public hearing on the proposed ordinance after publishing a notice of such hearing in The Tribune and the Port St. Lucie News on l)~emhif 1, Z!Jot{ , 9. On January 17, 2006, this Board held its second public hearing on the proposed ordinance, after publishing a notice of such hearing in The Tribune and the Port St. Lucie News on 'De.CeMber 30, Z005 . 10. 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 November 16, 2005, prepared by Walker H. Keller, Inc. 11. The proposed amendments to Article I, 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: Part A. ARTICLE I "FIRE/EMS PROTECTION IMPACT FEE" OF CHAPTER 1-7.9 (FIRE PROTECTION) OF THE CODE OF ORDINANCES OF ST. LUCIE COUNTY, FLORIDA, IS CREATED AS FOLLOWS: ARTICLE I FIRE/EMS PROTECTION IMP ACT FEE Section 1-7.9-06. Computation of the Amount of Fire/EMS Protection Impact Fees. A. A t the option of the feepayer, the amount of the fee may be determined by the following fee schedule: Underline is for addition, -2- Stril(c Tkreugk is for deletion. FIRE/EMS PROTECTION IMPACT FEE COUNTYWIDE ASSESSMENT IMP ACT FEE UNIT OF fee 03 of fee as of LAND USE TYPE MEASURE 10101/03 2/1/06 RESIDENTIAL Single-fami Iy PER UNIT $-2-88 $478 Mobile home/RV ((MHP/RV Park Only) PER UNIT $--&1- .L.2Z Multi-Family (All Types) PER UNIT $448 .L.2Z Hotel/Motel PER ROOM ~ $223 Bed & Breakfast Residence (Does not include the primary residence. Single family unit fee must also be assessed for the residential portion of use) PER ROOM ~ $223 All other residential PER UNIT $Rß $478 OFFICE & FINANCIAL Medical Office PER 1000 FT2 $+2-5 $282 Other Office PER 1000 FT2 $+2-5 $282 RET AIL TRADE Under 100,000 ft2 PER 1000 FT2 $Me $443 100,000 - 399,000 ff PER 1000 FT2 $Me $443 400,000 ft2 and over PER 1000 FT2 $Me $443 GASOLINE SERVICES Service Station PER PUMP STI.TIO~~ $Me $1.465 PER 1000 FT2 INDUSTRIAL Warehouse PER 1000 FT2 ~ i.M Truck Terminal PER 1000 FT2 ~ i.M General Industrial PER 1000 FT2 ~ i.M INSTITUTIONAL School-Elementary PER 1000 FT2 $Me $426 School-Middle/High PER 1000 FT2 $Me $426 Day Care Center PER 1000 FT2 $Me $426 Fraternal Organization PER 1000 FT2 $Me $426 Hospital PER 1000 FT2 $Me $426 Nursing Home PER 1000 F-rr BED $Me $1,055 Library PER 1000 FT2 $Me $426 Underline is for addition. -3- Stril(c Tkreugk is for deletion. LAND USE TYPE UNIT OF MEASURE IMPACT FEE fee 03 of fee as of 10101/03 2/1/06 RECREATIONAL Park (City/County/State) Recreation Facility - All types Golf Course Movie Theater PER ACRE PER PARKINC SPACE ACRE PER Het-E ACRE PER 1.000 FT2 $He $He $He L1Q L1Q L1Q $443 NOTE: The fee schedule shown in this Table is subject to annual revision based upon the provisions of Section 1-7.9-17 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. 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. 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 circumstance, such holding shall not affect its applicability to any other person, property, or circumstance. Underline is for addition. -4- Stril(c Tkrel:Jgk is for deletion. PART D. APPLICABILITY OF ORDINANCE. This ordinance shall be applicable throughout St. Lucie County's jurisdiction, including the incorporated areas even in the absence of inter local agreements with the affected municipalities. PART E. FILING WITH THE DEPARTMENT OF STATE. The Clerk be and 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 F. EFFECTIVE DATE. This ordinance shall take effect March 1, 2006. PART G. ADOPTION. After motion and second, the vote on this ordinance was as follows: Chairman Doug Coward Vice Chairman Chris Craft Commissioner Joseph E. Smith Commissioner Paula A. Lewis Commissioner Frannie Hutchinson AYE AYE AYE AYE AYE PART H. CODIFICA TION. 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 reletter d to accomplish such intention; provided, however, that Parts B through H shall not be coçfj y'" .,.'»\ '~~ ... .: ,r~t~ PASSED AND DULY ADOPTED this 17th day of January. 2006·tfr,9!íf.j[~P}~:;~"¢¡' < ':~~ BOARD OF COUNTY COMMISSÌ2~,,~Rp f)~~£,~{:~r' /:":A~...". d~. ST. LUCIE C NTY L A '~-''J.';'·_',·<;1·..,.r~'/;(::'e .""'( '~y §1 0 ' '/">:~~J :~,?~?~/ ~&. ;l~;:~O:: BY: """.<,,,ff\;······;:.':.\iJi?l' ", ,c.~~: ).1" Underline is for addition. -5- Stril(c Threl:Jgh is for deletion. APPROVED S TO FORM AND CORRECTNE Ie Underline is for addition. -6- Strihc Through is for deletion.