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HomeMy WebLinkAbout03-024 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 JOANNE HOLMAi~, CLERK OF THE CIRCUIT COURT - BAiNT LUCIE OOUNTY File Number: 2267514 OR BOOK 1794 F'AGE 1721 Recorded:09/lO/05 lO:2B ORDINANCE NO. 03-024 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: The St. Lucie County Comprehensive Plan establishes that land development shall not be permitted unless adequate capital facilities exist or are assured; and 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 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% of its capital facility/improvement impacts; and 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 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. 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. Ordinance #03-024final Fire/EMS Protection Impact Fee - Final Underline is for addition Str=,kc Th;ough is for deletion Page 1 PRINT DATE: 08/19/03 OR BOOK i794 PACE 1722 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 3O 31 32 33 34 35 36 37 38 o 10. 11. On June 19, 2003, 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. On July 15, 2003, 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 July 1,2003. On August 19, 2003, 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 August 5, 2003. 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 June, 2003, prepared by James Nicholas, PhD. 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 IMPACT FEE Section 1-7.9-06. Computation of the Amount of Fire/EMS Protection Impact Fee. Underline is for addition Str?.;c Th;ouCh is for deletion Ordinance #03-024final Page 2 Fire/EMS Protection Impact Fee - Final PRINT DATE: 08/19/03 OR BOOK 1794 PAGE 1723 1 A. 2 3 4 5 8 11 12 13 14 20 21 22 2B 26 27 28 2~ 30 33 34 36 At the option of the feepayer, the amount of the fee may be determined by the following fee schedule: ;~,c c.:. c,; .'cc ~G Gf fee as of ~C/C~;3C IC/3~:C~* 10101/03' RESIDENTIAL SINGLE FAMILY PER UNIT ~,~ ~=~ $288 MOBILE HOME/RV <.~.,.w.~o.,~ PER UNIT ~ $72 $81 MULTI-FAMILY (All types) PER UNIT ~ ~ .... ,~ $148 HOTEUMOTEL PER ROOM ~ ....... .~ ~ ,~ $223 BED & BREAKFAST RESIDENCE ~"~ ....................................... PER ROOM ~,~"~ $223 ALL OTHER RESIDENTIAL PER UNIT ~"~, ~ ~"" $288 OFFICE & FINANCI~ MEDICAL OFFICE PER 1000 FT~ ~ $112 ~ $125 OTHER OFFICE PER 1000 FT= ~ $I 12 $125 RETAIL T~E UNDER 100,000 FT~ PER 1000 FT~ ~ ~"~",~ $140 100,000- 399,000 FT~ PER 1000 FT~ ~ ~125 $140 400,000 FT= and over PER 1000 FT~ ~ ~ .... ,~ $140 GASOLINE SERVICES SERVICE STATION PER PUMP STAT ~ ~ .... ,~ $140 INDUSTRIAL WAREHOUSE PER 1000 FT~ ~ ~"~ $32 TRUCK TERMINAL PER 1000 FT2 ~ ~ $32 GENE~L INDUSTRIAL PER 1000 FT~ ~ ~ $105 Underline. is for addition ...... Th;ou,~h is for deletion Ordinance #03-024final Page 3 Fire/EMS Protection Impact Fee - Final PRINT DATE: 08/19/03 OR BOOK 1794 PAGE 1724 3 4 5 6 7 8 9 10 11 12 13 17 18 20 21 22 23 24 26 27 28 29 1 2 :C,'C:;~ ~. ~;C ~,,'C ~.* 10101103* INSTITUTIONAl. SCHOOL - ELEM. PER 1000 FT2 SF:r3 ,~"'~ "~,ko $140 SCHOOL - MIDDLE/HIGH PER 1000 FT2 I~3 . .... ,~ $140 DAY CARE CENTER PER 1000 FT2 $6-3 .,"'~"",~.., $140 F~t~TERNAL ORGANIZATION PER 1000 FT2 ~ ~'~.~.~ $140 HOSPITAL PER BED $6-3 ~."'~"".~., $140 NURSING HOME PER BED $,~ . .... ,.-~, $140 [-IB~t~RY PER 1000 FT2 !~ *m'~,~-~ $140 RECREAIIONA&. PARK (CITY/COUNTY/STATE) PER ACRE $6-3 ~. .... ,..., $140 RECREATION FACILITY -~Lw.~ PER PKG SPACE ~ .~ .... ,..~ $140 GOLF COURSE PER HOLE $6-3 ~."'~"~,~., $140 NOTE: II * The fee schedule shown in this Table is subject to annual revision based upon the provisions of Section 1-7.9-17 of this Adicle. 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. The person applying for the issuance of a building permit or and 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. Underline is for addition ~ is for deletion Ordinance #03-024final Page 4 Fire/EMS Protection Impact Fee - Final PRINT DATE: 08/19/03 OR BOOK 1794 PAGE 1725 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 3O 31 32 33 34 35 36 37 38 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. 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. This Ordinance shall take effect October 1,2003. Underline is for addition ...... Th;c,~,.3h is for deletion Ordinance #03-024final Page 5 Fire/EMS Protection Impact Fee - Final PRINT DATE: 08/19/03 OR BOOK 1794 PAGE 1726 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 PART G. ADOPTION. After motion and second, the vote on this ordinance was as follows: Chairman Cliff Barnes Vice Chairman Paula Lewis Commissioner Frannie Hutchinson Commissioner John D. Bruhn Commissioner Doug Coward AYE AYE AYE AYE AYE 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. PASSED AND DULY ENACTED this 19th day of August, 2003. BOARD OF COUNTY COMMISSION~,RS ";:it ,'" ST. LUCIE COUNTY, FLORIDA .... !? BY: Underline is for addition Ctd',~ Thrc, u,Sh is for deletion Ordinance #03-024final _. Page 6 Fire/EMS Protection Impact Fee - Final ' PRINT DATE: 08/19/03 OR BOOK 1794 PAGE 1727 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 3O 31 32 33 OR03-024FINAL(IMPACT2003) DJM APPROVED AS TO FORM AND CORRECTNESS: COUNTY Underline is for addition ...... Th;c,::,,Sh is for deletion Ordinance #03-024final Page 7 Fire/EMS Protection Impact Fee - Final PRINT DATE: 08/19/03