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HomeMy WebLinkAbout21-386RESOLUTION NO.21-386 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 DISCOUNTING THE AMOUNT OF ROADS IMPACT FEES COLLECTED WITHIN THE CITY OF PORT ST. LUCIE BY TWENTY- FIVE PERCENT (25%) EFFECTIVE OCTOBER 5, 2021 DURING THE IMPACT FEE UPDATE; 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, 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 County currently has an Interlocal Agreement with the City of Port St. Lucie which Agreement provides for crediting the amount City road impact fees against the County's road impact fee resulting in a reduction of approximately twenty-five percent (25%) in the amount of County road impact fees collected by the City and transmitted to the County; and WHEREAS, the City has terminated the Interlocal Agreement with the County and will stop collecting the County's Road Impact Fee effective October 5, 2021; and WHEREAS, during the interim until the completion of the Road Impact Fee Updates and potential adoption of an updated Road Impact Fee Ordinance, the County desires to discount the amount of road impact fees collected within the City of Port St. Lucie by twenty-five percent (25%) in order to collect the same amount of road impact fees within the City as is collected under the Interlocal Agreement; 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. DISCOUNT OF COLLECTED ROAD IMPACT FEES. A. During the Impact Fee Update, all County Road Impact Fees that are collected within the boundaries of the City of Port St. Lucie after October 5, 2021, shall be discounted by twenty-five percent (25%) until the Impact Fee Update is completed and any new Impact Fee Ordinance adopted and implemented. Section 3. EFFECTIVE DATE. 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 2 DULY PASSED AND ADOPTED this 5 day of October, 2021. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY:� CHAIR APPROVES TO FORM & CO CTNBS,0 COUNTY ATTORNEY 3