HomeMy WebLinkAbout05-025
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ORDINANCE NO. 05-025
AN ORDINANCE AMENDING, ARTICLE V, CHAPTER 1-6.5,
EDUCATIONAL FACILITIES IMPACT FEE, ST. LUCIE COUNTY CODE
AND COMPILED LAWS BY AMENDING SECTION 1-6.5-56, FEE
SCHEDULE, TO INCREASE THE EDUCATIONAL FACILITIES IMPACT
FEES TO BE ASSESSED; 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. On August 5, 1988, the Board of County Commissioners of St. Lucie County,
Florida, adopted Ordinance 88-16, imposing an educational facilities impact fee in
St. Lucie County.
2. On February 16, 1993, the Board of County Commissioners of St. Lucie County,
Florida, adopted Ordinance 93-003, amending the educational facilities impact fee
ordinance to account for certain editorial and legislative reference changes.
3. On September 5, 1995, the Board of County Commissioners of St. Lucie County,
Florida, adopted Ordinance 95-22, amending the fee schedule for imposing an
educational facilities impact fee in St. Lucie County.
4. On October 15, 1996, the Board of County Commissioners of St. Lucie County,
Florida, adopted Ordinance 96-026, amending the fee schedule for imposing an
educational facilities impact fee in St. Lucie County.
5. On October 7, 2003, the Board of County Commissioners of St. Lucie County,
Florida, adopted Ordinance 03-023, making certain editorial, clarifying, and
legislative reference changes; amending the fee schedule for imposing an
educational facilities impact fee in St. Lucie County; amending the administrative fee
retained by the collecting unit of local government; amending the amount of the fee
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Underline is for addition
St~~¡' is for deletion
Ordinance OS-_
Educational Facilities Impact Fee Draft #1
Page 1
Print Date: 06/20/0S
EDWIN M. FRY, Jr., CLERK OF THE CIRCUIT COURT
SAINT LUCIE COUNTY
FILE # 2709471 09/16/200S a110:S7 AM
OR BOOK 2364 PAGE 99 - 103 Doc Type: ORDN
RECORDING: $44.00
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retained in the event ofa refund request; and amending the language governing the
schedule of review for educational facilities impact fees.
6. On August 11, 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.
6. On August 16, 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 August 3, 2005.
7. On ,2005, 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
8. The Board of County Commissioners has reviewed and accepted a Technical
Memorandum on an Update of Educational Facilities Impact Fees for St. Lucie
County, dated June 2005, prepared by James Nicholas, PhO.
9. The proposed amendment to Article V, Educational Facilities 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 V, Chapter 1-6.5, Section 1-6.5-56, of the St. Lucie County Code and Compiled Law
is amended to read as follows:
ARTICLE V.
EDUCATIONAL FACiliTIES IMPACT FEE
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Underline is for addition
Ot~! ¡' is for deletion
Ordinance 05-_
Educational Facilities Impact Fee Draft #1
Page 2
Print Date: 06/20/05
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* * *
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Section 1-6.5-56.
Fee schedule.
The amount of the fee shall be determined by the following fee schedule.
Schedule of Educational Facilities Impact Fees
Land Use Type Impact Fee
per Unit
Single Family $3422 4,956
Multi-Family $2459 2.536
Mobile Homes/ Recreational Vehicles $4-144 1 .430
(MHP/RV parks only)
Other Residential $3422 4.956
~
If the type of residential 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 the most nearly comparable type of land use on the above fee schedule.
* * *
***************************************
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.
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Underline is for addition
8t~! ¡" is for deletion
Ordinance OS-_
Educational Facilities Impact Fee Draft #1
Page 3
Print Date: 06/20/05
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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 interlocal 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.
The Amendments contained in this Ordinance, except Section 1-6.5-56, Fee schedule;
shall become effective upon the filing with the Department of State.
The Amendment to Section 1-6.5-56, Fee schedule, shall become effective December 1,
2005.
PART G.
ADOPTION.
After motion and second, the vote on this ordinance was as follows:
Chairman Frannie Hutchinson
AYE
Vice Chairman Doug Coward
AYE
Commissioner Joe Smith
AYE
Commissioner Paula Lewis
AYE
Commissioner Chris Craft
AYE
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Underline is for addition
Gt~g¡' is for deletion
Ordinance OS-_
Educational Facilities Impact Fee Draft #1
Page 4
Print Date: 06/20/05
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PART H.
CODIFICATION.
Provisions of this ordinance shall be incorporated in the St. Lucie County Code and
Compiled Laws, 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 through H shall not be codified.
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BOARD OF COUNTY qØMCM~$íONER5>;
ST. LUCIE COUNTy;i~tó'RWÀ' ,C'),.,t?-·
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PASSED AND DULY ENACTED this 6th day of September, 2005.
A TTESl]f' '.,
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BY:
APPROVED AS T.O>
'-\';r;;'1'
COR ECTNES'S:
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Ordinance OS-_
Educational Facilities Impact Fee Draft #1
Underline is for addilion
GtiiiiZl'j;¡fõijgM is for deletion
Page 5
Print Date: 06/20/05