Loading...
HomeMy WebLinkAbout21-361 RESOLUTION NO. 21-361 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY; MAKING VARIOUS INTERIM LEGISLATIVE FINDINGS PENDING CONSIDERATION OF FORMAL ORDINANCE ADOPTION; PROVIDING FOR THE CONSIDERATION OF ADDITIONAL ROAD AND PARK BENEFIT ZONES AND DISTRICTS DURING THE IMPACT FEE UPDATE; DIRECTING THAT EFFECTIVE OCTOBER 1, 2021, ALL COUNTY ROAD IMPACT FEES AND PARK IMPACT FEES COLLECTED WITHIN THE CITY OF PORT ST. LUCIE SHALL BE ESCROWED PENDING THE COMPLETION OF ONGOING UPDATES AS TO THE VARIOUS CURRENT IMPACT FEE STUDIES; PROVIDING FOR THE REFUND OF ESCROWED IMPACT FEES COLLECTED SUBSEQUENT TO OCTOBER 1, 2021, FOR ANY PORTION OF THE ESCROWED IMPACT FEES THAT EXCEED ESCROW FEES THAT MAY BE ADOPTED IN A FINAL ORDINANCE; PROVIDING AN EFFECTIVE DATE. WHEREAS, the Board of County Commissioners has previously adopted a Road Impact Fee, which is codified under Chapter 24-Impact Fees, Article VIII, Roads Impact Fee and a Parks Impact Fee which is codified under Chapter 24-Impact Fees, Article VI, Parks Impact Fee; and WHEREAS, the current County Parks Impact Fee is based on a study performed by Dr. James C.Nicholas in 2016 and the current County Roads Impact Fee is based on a study performed by Tindale Oliver in 2019; and WHEREAS, the studies referenced above were based on the most recent and localized data and complied with the dual rational nexus test; and WHEREAS,in 2019,2020,and 2021,the Florida Legislature amended the Florida Impact Fee Act to provide for requirements relating to the calculation, expenditure and administration of credits from the payment of impact fees; and WHEREAS,the City of Port St. Lucie is considering replacing its road impact fee and transportation concurrency system with a mobility fee system which will be effective on October 1, 2021, which may necessitate changes to the collection provisions of the County Impact Fee Ordinance; and WHEREAS, in view of the potential amendments to the County Impact Fee Ordinance to address collections, the County believes it would be prudent and appropriate to simultaneously ensure that the calculation of the impact fee is based on the most recent and localized data, and that the County continues to satisfy the dual rational nexus test; and WHEREAS, the County has retained the services of impact fees experts to update the Chapter 24-Impact Fees (the "Impact Fee Update") for all of its Impact Fees including its Road Impact Fee and its Parks Impact Fee, to incorporate the most recent and localized data and to provide assurances that the various amendments to section 163.31801, Florida Statutes adopted since the last County impact fees update are addressed in the Impact Fee Update; and WHEREAS, the impact fee experts have been directed to consider whether the modification of the current boundaries of the County's adopted Road Benefit Zones and Park Districts is appropriate and whether to update procedures for the expenditure of all Impact Fees; and WHEREAS, during the interim until the completion of the Impact Fee Update and potential adoption of an updated Impact Fees Ordinance, it is appropriate to administratively establish various guidelines to provide additional assurances that the amount of the Impact Fees collected provides the requisite benefit to developers and property owners who paid impact fees during the pendency of the Impact Fee Update; and WHEREAS, the Impact Fee Updates may result in an adjustment of the amount of the County Impact Fees and it is appropriate to escrow such fees until the completion of the Impact Fee Updates and provide a mechanism to reconcile those differences should that occur; and WHEREAS, once the Impact Fee Update is completed and an Updated Impact Fee Ordinance adopted and implemented, if any, the requirements contained herein will be superseded by those provisions which may be adopted. NOW THEREFORE, be it resolved by the Board of County Commissioners, St. Lucie County, as follows: Section 1. RECITALS. The above recitals are incorporated by reference as if set forth in their entirety. Section 2. ROADS IMPACT FEE BENEFIT ZONES. A. ROAD IMPACT FEE. Pursuant to section 24-261 of the St. Lucie County Code,the County created the Mainland Road Benefit Zone.,the North Island Road Benefit Zone, the South Island Benefit Zone and the Fort Pierce Island Benefit Zone. The Board hereby directs that in the Impact Fee Update, the consultants shall review the data and, if appropriate, provide recommendations as to the number and configurations of Road 2 Impact Fee Benefit Zones that should be incorporated into the County's Road Impact Fee Ordinance. B. All funds collected from roads impact fees within the established Road Benefit Zones after October 1, 2021, shall be deposited in escrow into the road impact fee account established for that Road Benefit Zone from which it was collected. To the extent that previous road impact fees have been collected and have yet to be expended, appropriated, or encumbered for a specific project, then those collected impact fees shall also be allocated to the account established for the Road Benefit Zone from which it was collected. All non-escrowed funds which are encumbered or appropriated, but which have not yet been expended,for a specific project which is located outside of the boundaries of the Road Benefit Zone that it was collected, shall be reviewed to determine whether the project for which they are encumbered or appropriated provides the required benefit to the properties within the boundaries of the Road Benefit Zone from which they were collected. C. All non-escrowed road impact fee funds within the respective Road Benefit Zone account, shall be used exclusively for identified arterial and collector road network of the County as identified in the County's comprehensive plan that are located within the Road Benefit Zone from which the funds were collected. Additionally, non-escrowed collected road impact fee funds may be used for projects in adjacent Road Benefit Zones,which are of direct benefit to the new residential or non-residential construction in the Road Benefit Zone from which the funds were collected. Prior to expending, appropriating, or encumbering any non-escrowed funds for use in an adjacent Road Benefit Zone,the County Administrator shall make a written determination that(i)the identified road capital improvement will substantially benefit the development in the Road Benefit Zone from which the funds were collected; (ii)the identified road capital improvement is of a nature such that it will add capacity to the transportation system beyond the Road Benefit Zone in which it is located; and (iii) the demand for the identified road capital improvement is reasonably attributable to development in the Road Benefit Zone from which the funds were collected. D. Non-escrowed road impact fees shall be expended in the order in which they are collected. Road 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. Section 3. PARK IMPACT FEE DISTRICTS. A, PARK IMPACT FEE. Pursuant to section 24-178 of the St. Lucie County Code, the County created the North Park District A and the North Park District B. The Board hereby directs that in the Impact Fee Update,the consultants shall review the data and, if appropriate, provide recommendations as to the number and configurations of Park Impact Fee Benefit Zones or Districts that should be incorporated into the County's Park Impact Fee Ordinance. 3 B. All funds collected from parks impact fees within the North Park District A and North Park District B after October 1, 2021, shall be deposited in escrow into the separate account established for the Park District from which it was collected. To the extent that previous park impact fees have been collected and have yet to be expended, appropriated, or encumbered for a specific project, then those collected impact fees shall also be allocated to the separate account for the Park District from which it was collected. All non-escrowed funds which are encumbered or appropriated, but which have not yet been expended, for a specific project which is located outside of the boundaries of the Park District that it was collected,shall be reviewed to determine that the project for which they are encumbered or appropriated provides the required benefit to the properties within the boundaries of the Park District from which they were collected. C. All non-escrowed Park impact fee funds within the respective Park District, shall be used exclusively for capital improvements to the parks system, including beach access areas, special recreation areas and regional recreation areas within the comprehensive plan of the County and identified in section 24-180 of the St. Lucie County Code that are located within the Park District from which the funds were collected. Additionally, non-escrowed collected park impact fee funds may be used or for projects in an adjacent Park District,which are of direct benefit to the new residential construction in the Parks District from which the funds were collected. Prior to expending, appropriating, or encumbering any Park impact fee funds for use in an adjacent Park District,the County Administrator shall make a written determination that (i) the identified park capital improvement will substantially benefit the development in the Park District from which the funds were collected;(ii)the identified park capital improvement is of a nature such that it will add capacity to the park system beyond the Park District in which it is located; and (iii)the demand for the identified park capital improvement is reasonably attributable to development in the Park District from which the funds were collected. D. Non-escrowed park impact fee funds shall be expended in the order in which they are collected. Park 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. Section 4. Escrowing of Collected Road and Park Impact Fees. A. During the Impact Fee Update, all County Road Impact Fees and the County Park Impact Fee that are collected within the boundaries of the City of Port St. Lucie after October 1, 2021, shall be held in escrow, and shall not be expended, appropriated, or encumbered until the Impact Fee Update is completed and any new Impact Fee Ordinance adopted and implemented. If new zones are created in a new ordinance, escrowed impact fees will be allocated to the new zones from which the fees were collected. 4 B. After the completion and implementation of the Impact Fee Update, if it is determined that the amount of the County Road or Park Impact Fee paid is greater than amount calculated as a result of the Impact Fee Update and adopted in a new Impact Fee Ordinance, then the County shall refund to the person that paid the Road and Park Impact Fee any difference between the collected amount and the amount determined in the new Impact Fee Ordinance. Such amounts shall be paid within thirty (30) days following the effective date of the new Impact Fee Ordinance. Section 5. This Resolution shall be effective upon adoption and shall become null and void upon the effective date of a new Impact Fee Ordinance. After motion and second, the vote of this Resolution was as follows: Commissioner Chris Dzadovsky, Chair AYE Commissioner Sean Mitchell, Vice Chair AYE Commissionner Linda Bartz AYE Commissionner Frannie Hutchinson AYE Commissioner Cathy Townsend AYE DULY PASSED AND ADOPTED this 21' day of September, 2021. ATTEST: BOARD OF COUNTY COMMISSIONERS I ST. LUCIE CO NT F ti, BY: DEPUTY C � p CHAI O irs- , m e .01 •-‘ ti APPROV AS TO FO S0 . COR • wiry,Ft0 BY: CO TY ATT EY 5