HomeMy WebLinkAboutImpact Fee Hearing 05-09-00
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BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY, FLORIDA
REGULAR MEETING
Date: June 13, 2000
Tape: 1-3
Convened: 9:00 a.m.
Adjourned: 12:15 p.m.
Commissioners Present: Chairman, John D. Bruhn, Frannie Hutchinson, Paula A. Lewis, Doug
Coward, Cliff Barnes
Others Present: Robert Bradshaw, Asst. County Administrator; Dan McIntyre, County Attorney;
Jim Lancaster, Asst. County Attorney; Julia Shewchuk, Community Development Director;
Dennis Murphy, Asst. Community Development Director, Paul Phillips, Airport Director; Mike
Leeds, Leisure Services Director; Ray Wazny, Public 'Works Director; Bill Blazak, Utilities
Director; Jack Southard, Public Safety Director; Jim David, Mosquito Control Director; Beth
Ryder, Community Services Director; Don West, County Engineer; Leo Cordeiro, Solid Waste
Manager; Marie Gouin, Management/ Budget; Deputy Nickel; A. Millie Delgado, Deputy Clerk
1. MINUTES (1-025)
It was moved by Com. Coward, seconded by Com. Lewis, to approve the minutes of the meeting
held June 6, 2000; and, upon roll call, motion carried unanimously.
2. PRESENTATION
WPSL Christmas Kinds presented a check to the St. Lucie County Board of County
Commissioners.
3. GENERAL PUBLIC COMMENTS
Mr. Fred Polidori, St. Lucie County resident, addressed the Board on the impact fees for the
unincorporated area and the water and sewer projects throughúut St. Lucie County. He also
questioned when the BCC meetings would be televised.
The Asst. County Administrator advised the Board that at the present time, the County
Administrator is still in the process of receiving information on the issue.
Mr. Charles Grande, Hutchinson Island, concurred with Mr. Polidori's comments regarding the
televising ofBCC meetings.
Mr. Herb Beach, White City resident, addressed the Board regarding Code Enforcement officers
and asked the Board consider additional funding for another officer.
Mr. Robert Anderson, St. Lucie County resident, addressed the Board regarding the agenda being
placed on the Web-site. He also asked if item C-4-E was tied into the Seminole site issue.
The Public Works Director advised Mr. Anderson that there were no ties between the Seminole
site and this item.
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The Asst. County Administrator advised the Mr. Anderson that they are presently still working
on the implementation of the agenda into the county's web-site.
A-I PROCLAMATION PRESENTATION- Resolution No. 00-141- Proclaiming the week of
June 19,2000 through June 25, 2000 as Amateur Radio Week in St. Lucie County, Florida.
It was moved by Com. Lewis, seconded by Com. Hutchinson, to approve Resolution No. 00-141;
and, upon roll call, motion carried unanimously.
Mr. Gig Loughlin was present to accept the proclamation.
3. CONSENT AGENDA (1-11012)
Item C-4G-
Com. Hutchinson questioned the length of the contract and expressed her concerns. She also
addressed the Fair not being included in the RFP.
Com. Coward concurred with Com. Hutchinson's c?mments and stated a 10 year contract was
too long.
Com. Lewis stated she would prefer a 5 year contact with the option to extend.
It was the consensus of the Board to amend item C-4G to reflect a 5 year contract with the option
to extend.
It was moved by Com. Coward, seconded by Com. Hutchinson to approve the Consent Agenda
with item C-4-G amended and to include Additions A-3 and A-4; and, upon roll call, motion
carried unanimously.
1. WARRANT LIST
The Board approved Warrant List No. 37
2. LEISURE SERVICES
A. Budget Resolution No. 00-99- The Board approved the acceptance of Garrison, Frolich &
Associates first year $500 Corporate Sponsorship installment, approved the budget
resolution and authorized the Chairman to sign the letter of appreciation.
B. Budget Resolution No. 00-109- The Board approved accepting the $1,000 donation from
the Ft. Pierce Sport Fishing Club to be used towards the cost of the recently constructed
fish cleaning table at Black Pearl Boat Ramp, approved the budget resolution and
authorized th Chairman to sign the letter of appreciation.
C. Re-surfacing Ft. Pierce Shuffleboard Courts- The Board approved the use ofNiddy
Company to resurface the Shuffleboard Courts at the Ft. Pierce Community Center at a
cost of$12,798 to approve the use of an additional $2,298 and authorized the Chairman
to sign the contract.
D. Permission to Advertise for Bids- The Board approved the request for permission to
advertise for bids for elevated dune crossover construction at Blind Creek Park.
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3. PUBLIC WORKS
A. Solid Waste/Grant Application Submission- The Board approved the submission of the
grant applications to the Florida Department of Environmental Protection for the Waste
Tire Grant, Litter Control and Prevention Grant, and the Recycling and Education Grant
Parts I and II and authorized the Chairman to sign the applications, agreements and
quarterly reimbursement requests.
B. Request for Permission to Advertise/Academy Drive M.S.B.U./Potable Water
Improvements- The Board approved the request for permission to advertise for the initial
public hearing on July 18,2000 at 7:00 p.m. or as soon thereafter as possible.
C. Emergency Bid Waiver- The Board approved declaring an emergency to waive the
bidding process and award the construction contract for the repair of an existing
stormwater discharge pipe located within Beau Rivage Heights off of Howard Creek
Land, to Johnson- Davis, Inc., in the amount of$15,500 approve the budget as outlined,
and authorized the Chairman to sign the contract.
4. PURCHASING
A. Bid No. 00-045- The Board approved rejecting the only bid received for the Floridian
Aquifer Monitoring Well Nctwork for the St. Lucie Soil and Water Conservation District.
B. Bid No. 00-046- The Board approved rejecting all bids received for the removal and
replacement of the fencing at the UDT Seal Museum and approved the request for
permission to re-advertise.
C. RFP No. 00-011- Professional Engineering Services- Stormwater Management- The
Board approved the short list, approved the request for permission to negotiate with the
three firms, Hazen & Sawyer, PBS&J, and BCI and authorized the Chairman to sign the
contracts as prepared by the County Attorney and all work under these continuing
contracts will be properly authorized through work authorizations.
D. Permission to Advertise a Request for Proposal- The Board approved the request for
permission to advertise a request for proposal for Emergency Debris Removal.
E. Bid No. 00-036- The Board approvc:d rejecting the only bid received for Rouse Road
Reconstruction and approved the request for permission to re-advertise.
F. Bid No. 00-039- The Board approved awarding the bid to replace four security doors at
Rock Road Jail, to Correctional Equipment Co., in the amount of$28,708 and authorized
the Chairman to sign the contract as prepared by the County Attorney.
G. Permission to Advertise a Request for Proposal- The Board approved advertising a RFP
for concessions for a 5 year contract for concessions at the Lawnwood Recreation
Complex, St. Lucie County Civic Center and South Regional Football /Soccer Stadium.
H. Bid Waiver- The Board approved waiving the bid process and purchase a vehicle for the
Building and Zoning Department from Steve Barnett in the amount of$19,736.50.
5. PUBLIC SAFETY
A. Agreement Approval- The Board approved the Radiological Emergency Preparedness
Agreement for Fiscal Year 2000-2001 and 2001-2002 and authorized he Chairman to sign
the agreement.
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B. Change Order No.2 and No.3/800 MHz Radio Communication System- The Board
approved the change orders to Motorola Contract No. C-98-09-740 and authorized the
Chairman to sign.
C. Comprehensive Emergency Management Plan Update, 2000 Hurricane Operations
Manual Update and Emergency Wage and Hour Procedures Modification per FEMA
Regulations for Reimbursement.- The Board approved CEMP Updates, 2000 Season
Hurricanc Operations Manual Updates and Emergency Wage and Hour Procedures
Section 5.
D. Federally Funded Sub grant Agreement Between the State of Florida, Dept. of
Community Affairs and St. Lucie County (# 00-EO-D8-13-00-22-007 CFDA # 83.552)
The Board approved the subgrant agreement in the amount of$15,000 and authorized the
Chairman to sign the agreement.
E. Equipment Request No. EQOO-222, No. EQOO-223, No. EQOO-226- and Budget
Amendment Nos. 00-138 and 00-139; The Board approved the equipment requests and
budget amendments to purchase a LAN Station Coaster Base in the amount of$1,436
funded by 911 Central Communications, a computer upgrade for the Radiological
Coordinator's Office in the amount of$I,060 funded by FP & L and a laptop and
software for the radiological field and classroom training in the amount of$2,913 funded
by FP&L.
6. COUNTY ATTORNEY
Resolution No. 00-112- The Board approved adopting the resolution encouraging the
Candidacy and Election of Leon County Commissioner At-Large, Rudy Maloy to the Position of
Second Vice President of the National Association of Counties.
7. MANAGEMENT/BUD GET-
Budget Resolution No. 00-108- St. Lucie County Disaster Relief Claim Submitted after
the 1999 Hurricane Irene- The Board approved the budget resolution establishing the budget for
FEMA and FDCA reimbursement for small projects in the amount of$263,028 included in the
disaster relief claim related to the Hurricane Irene damage.
8. AIRPORT
A. Florida Department of Transportation Joint Participation Agreement- The Board
approved the Joint Participation Agreement for the rehabilitation ofthe airfield signage at
St. Lucie County International Airport, authorized the Board to accept the grant from
FDOT.
B. Florida Department of Transportation Supplemental Joint Participation Agreement- The
Board approved the Supplemental Joint Participation Agreement for the construction of
the Airport Maintenance Building at St. Lucie County International Airport, authorized
the Chairman to execute the JP A and approved the resolution authorizing the Board to
accept the grant from FDOT.
C. Request for Proposals and Permission to Advertise [,)1' Bids- The Board approved the
development of a Request for Proposals and approved the request to advertise for bids for
a designlbuild firm for the design and construction of the Airport Maintenance Building
at St. Lucie County International Airport.
D. Proposal and Scope of Work- The Board approved the proposal and scope of work with
Williams, Hatfield and Stoner for the design phase services, bid and award services and
construction phase services associated with the security fencing and landscaping
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irrigation project along Curtis King Blvd., at St. Lucie County International Airport, and
authorized the Chairman to sign the proposal.
E. Bid Authorization- The Board approved the request to provide a sealed bid in an amount
not to exceed the budgeted amount to Pratt & Whitney for a used tractor, slope mower
and rear deck mower that has become available due to the closing of the Airport at the
Pratt & Whitney facility. The equipment will be used at St. Lucie County International
Airport.
9. COMMUNITY DEVELOPMENT
A. Work Authorization Amendment No. 1- The Board approved the amendment to the
Design Services Work Authorization with Lindahl, Browning, Ferrari and Hellstrom for
the Magnum Environmental Services Economic Development Transportation Grant.
B. Work Authorization Amendment No. 3- The Board approved the amendment to the
Design Services Work Authorization with Culpepper & Terpening Inc., for the North A-
I-A Bike Path.
C. Change Order No. 3- The Board approved the change order to contract number C-99-
04396 for the North A-1-A Bike Path. The source of funds for this additional work will
be from Road Impact Fee Zone Number 7 (North Hutchinson Island).
D. Work Authorization Amendment No. 1- The Board approved the amendment to the
Design Services Work Authorization with Lindahl, Browning, Ferrari and Hellstrom for
the Oleander Avenue and Sunrive Blvd., Sidewalks.
E. South A-I-A Bike Path (Indian River Lagoon Trace) Project Update- Staff provided an
update on the project.
F. FDOTIMPO Transportation Enhancement Applications- The Board approved the formal
St. Lucie County Sponsorship of the three FDOT/MPO Transportation Enhancement
Applications SidewalklBike Path Projects) for inclusion with the FDOT Work Program.
1 South A-1-A (Indian River Lagoon Trace) from Ocean Village to the FL Power
Plant.
2. North A-1-A (Indian River Lagoon Trace) from Ocean Harbor North to the Indian
River County Line.
3. Spanish Lakes Blvd., /Spanish Lakes Fairways
G. Budget Amendment No. 00-143/ Impact Fees- The Board approved the budget
amendment authorizing the transfer of$5,363.20 from Contingency to the Program
Budget for the Final Payment on the Update, Revision and Addition to the St. Lucie
County Development Impact Fees.
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ADDITIONS
A.3 Children's Environmental Museum Reserves- The Board approved the reallocation of
Investment for the Future funds from Black Pearl Boat Ramp to Children's
Environmental Museum reserves in the amount of$28,000.
A.4 Draft Resolution No. 00-115- Aquaculture Grant Proposals- The Board approved
submission of the two aquaculture grant requests to the Department of Agriculture and
Consumer Affairs and approved the resolution encouraging Aquaculture Development in
St. Lucie County and the Treasure Coast through the addition of a state funded
Aquaculture Hydroponic Educational Program for Students and Businesses llocated on
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the Vocational agriculture lands of the St. Lucie County School District.
REGULAR AGENDA
5. COUNTY ATTORNEY (1-1707)
A. Ordinance No. 00-17/Fire Hydrants- Consider staff recommendation to adopt Ordinance
No. 00-17 as drafted, providing standards for fire hydrant installation.
Lt. Emerson, Fire District, addressed the Board in favor of the ordinance.
Mr. Fred Polidori, area resident, addressed the Board regarding the recent fire in Tampa, Fla. and
the lack of water in the fire hydrants and asked if the hydrants would be checked regularly.
The Utilities Director advised Mr. Polidori that they would have routine maintenance.
It was moved by Com. Hutchinson, seconded by Com. Lewis, to approve Ordinance No. 00-17;
and, upon roll call, motion carried unanimously.
(1-2041)
B. Ordinance No. OO-OIO/Continued from May 16,2000- Consider staff recommendation to
approve the ordinance amending Section 6.00.00 Vegetation Protection and Preservation,
and Section 11.05.06, Vegetation Removal Permit ofSt. Lucie County Land
Development Code.
It was moved by Com. Barnes, seconded by Com~ Lewis, to approve the Ordinance as amended:
and; upon roll call, motion carried unanimously.
Amendments are as follows:
F. VIOLATIONS
L If the Public Works Director determines that any land development activity violates the
terms or conditions of an issued Vegetatiün Removal Permit or the provisions of this Code, the
Director may issue a Stop Work Order on the development site in question and process the
violation for appropriate review and enforcement in accordance with Section 11.13.03 ofthis
Code.
2. If the Public Works Director determines that any land development activity violates the terms
or conditions of an issued Vegetation Removal Permit. or was conducted in the absence of a
required Vegetation Removal Permit. the Public Works Director may direct that remedial
mitigation through new plantings. relocations or preservation be provided for as follows:
a. All replacement trees. either preserved. relocated or newly planted. shall be ofthe
same or other native species as the tree(s) removed:
b. The quality and size of the replacement trees shall meet the minimum landscape
requirements set forth in Section 7.09.03 (C). The Public Works Director may require a
minimum caliper of tree greater than that.setforth in Section 7.09.03 (C) depending on specific
site conditions and circumstances.
c. The quantity of replacement trees shall be at a ratio of four (4) inches D.H.H. per one
(1) inch D.B.H. removed. except that for each palm tree that is removed the palm tree mitigation
requirement shall be a ratio of one palm tree preserved/relocated for each palm removed.
d. The replanting design shall provide adequate space for root and crown development.
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e. The replanting design shall include adequate understory and ground cover plants and
materials as necessary to replicate the existing native habitat that was improperly removed or
disturbed.
f. When the property being developed is not appropriate for on-site mitigation. the
developer may mitigate off site on public lands in the County in the following manner:
1. Obtain written permission from the appropriate public entity to implement the
necessary replanting plan. The developer shall provide all necessary services to implement the
replanting plan. including but not limited to funding. plant materials and labor: or
2. Contribute $200 per inch DBH required for mitigation to the county t be used at the
County's discretion for either the acquisition and maintenance of publicly owned
environmentally unique lands. or to be used for relocating or replanting native trees on public
lands. Anv such work shall be performed by a qualified professional.
g. In the event that the Public Works Director is unable to determine the DBH of trees
removed through the improper land clearing activity. the Public Works Director shall request that
the developer provide documentation verifying the number. type and size of all trees removed. If
the developer cannot provide this information. or if this information is determined by the Public
Works Director to be incomplete. the Public Works Direcotr may develop an estimate of the
number. type and sizes of the trees removed. In determining this estimate. the Public Works
Director shall use any and all available historical date and data of record for the property
including but not limited to . recent aerial and ground photography of the site: site plan or survey
data on file or that is otherwise available to the County. and any other credible information that
can be used to provide an accurate representation of the property before it was improperly
cleared. In the event that the developer disputes or otherwise does not agree with the estimate
determined by the Public Works Director. the developer may appeal this determination to the
County Administrator consistent with the procedures described in Section 11.11 01(B)(2) of this
Code.
h. As part of the mitigation agreement approved by the Public Works Director the
property owner shall submit to an inspection of the planted/preserved materials 18 months after
the approval of the mitigation agreement. Ifit is determined that the mitigated planted or
preserved trees and other materials are dead. diseased or otherwise not in compliance with the
provisions of this Code and the original approved mitigation plan. the property owner shall be
provided notice and directed to correct any observed deficiencies and replace all noncompliant
trees within 60 days. Failure to maintain all required mitigation shall be grounds for referral to
the Code Enforcement Board for appropriate enforcement actions.
(2-1636)
C. Ordinance No. OO-Oll/Continued from May 16,2000- Consider staff recommendation to
approve the ordinance amending Section 7.09.00, Landscaping and Screening ofth et.
Lucie County Land Development Code.
Com. Barnes stated he was not in favor of reducing the percentage of native vegetation from
100% to 75%.
Com. Coward concurred with Com. Barnes' comme.nts.
It was moved by Com. Barnes, seconded by Com. Coward to approve Ordinance No. 00-011 as
amended, to keep the percentage at 100% of native vegetation; and, upon roll call, motion carried
unanimously.
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D. Ordinance No. 00-012- Continued from May 16,2000- Consider staff recommendation to
approve the ordinance amending Section 2.00.00 Definitions and amending 7.09.06
Standards for Native and Drought Tolerant Vegetation of the St. Lucie County Land
Development Code.
The Asst. Community Development Director advised the Board of the additional language
provided on page 12 of the ordinance.
It was moved by Com. Coward, seconded by Com. Hutchinson to approve Ordinance No. 00-012
as amended; and, upon roll call, motion carried unanimously.
E. Ordinance No. 00-013- Continued from May 16,2000- Consider staff recommendation to
approve the ordinance amending Section 7.09.05(A) (1) Landscaping and Screening,
Removal of Exotic Vegetation of the St. Lucie County Land Development Code.
Com. Coward questioned the language on page 3 which could cause some difficulty to a single
family residence.
The Asst. Community Development Director stated this language could be removed.
It was moved by Com. Barnes, seconded by Com. Hutchinson, to approve Ordinance No. 00-013
as amended; and, upon roll call, motion carried unanimously.
6. COUNTY ATTORNEY (2-2221)
A. Local Option Gas Tax Division of Proceeds Beginning September 1,2000- Consider staff
recommendation to approve the annual determination set out and direct the County
Attorney to notify the Department of Revenue of the redetermination by July 1,2000.
The County Attorney addressed the Board on this issue and advised them that the county's
percentage this coming year would be 37.87%.
Com. Barnes questioned if staff attempted to verify the figures received from the other entities.
The Public Works Director advised the Board that they do not verify the information supplied by
the three jurisdictions. He also advised the Board that the entire transportation budget is part of
our count.
Com. Hutchinson asked if it was possible to re-visit these allocations.
The County Attorney stated they could be discussed with the jurisdictions to see if they are
interested in re-visiting the formula.
After continued discussion, it was moved by Com. Hutchinson, seconded by Com. Lewis, to
approve staff recommendation with staff returning to the Board at a future date to inform the
Board if and when the cities would be willing to re-visit the allocations; and, upon roll call,
motion carried unanimously.
B. Resolution No. 00-111/Thomas J. White Improvement Financing- Consider staff
recommendation to approve the resolution authorizing the borrowing of$410,000 for
capital improvements to the Thomas J. White Stadium and related facilities, and to
approve the associated project list.
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It was moved by Com. Barnes, seconded by Com. Lewis, to approve staff recommendation; and,
upon roll call, motion carried unanimously.
C. Resolution No. 00-114- Senior Ministry Services, Inc., - Consider staff recommendation
to approve the resolution authorizing the issuance of not exceeding $7,000,000 First
Mortgage Revenue Bonds.
It was moved by Com. Coward, seconded by Com. Hutchinson, to approve staff
recommendation; and, upon roll call, motion carried unanimously.
D. Permission to AdvertiseIFreedom Plastics IDB Financing- Consider staff
recommendation to grant permission to advertise a TEFRA hearing on July 11,2000 at
9:00 a.m. or as soon thereafter as possible.
It was moved by Com. Coward, seconded by Com. Barnes, to approve staff recommendation;
and, upon roll call, motion carried unanimously.
E. Resolution No. 00-113- South County Regional Stadium Financing- Consider staff
recommendation to approve the resolution authorizing the borrowing of $625,000 to pay
a portion of the costs associated with the construction of the South County Regional
Stadium.
It was moved by Com. Barnes, seconded by Com. Lewis, to approve staff recommendation; and,
upon roll call, motion carried unanimousiy.
7. COMMUNITY DEVELOPMENT
Bid Waiver/Juanita Avenue Sidewalk- Consider staff recommendation to waive the bid
process and award the construction contact for the Juanita Avenue Sidewalk Project to Dickerson
Florida, Inc., in an amount not to exceed $99,738.10
It was moved by Com. Coward, seconded by Com. Hutchinson, to approve staff
recommendation; and, upon roll call, motion carried unanimously.
A-2. St. Lucie County Greenways, Trail and Bikeways Master Plan- The Master Plan was
presented for information purposes.
8. ADMINISTRATION
The Board gave updates on the various committees and advisory boards that they serve on.
UNAGENDAD-
Resolution No. 00-142- Supporting the St. Lucie County Co-Operative Extension
Department efforts to coordinate and work cooperatively with the St. Lucie County School
Board, in developing and providing an integrated Aquaculture Hdrophonic demonstration and
teaching facility for the St. Lucie County Schools V ocational- Technical Program for St. Lucie
County students at the Junior/Senior level.
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Com. Coward addressed the Board on this issue.
It was moved by Com. Barnes, seconded by Com. Coward, to approve Resolution No. 00-142;
;and, upon roll call, motion carried unanimously.
There being no further business to be brought before the Board, the meeting was adjourned at
12:15 p.m.
Chairman
Clerk of Circuit Court
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BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY, FLORIDA
IMP ACT FEES PUBLIC HEARING
Date: May 9, 2000
Tape: 1
Convened: 6:05 p.m.
Adjourned: 7:30 p.m.
Commissioners Present: Chairman, John D. Bruhn, Frannie Hutchinson, Paula A. Lewis, Doug
Coward, Cliff Barnes
Others Present: Doug Anderson, County Administrator; Robert Bradshaw, Asst. County
Administrator, Dan McIntyre, County Attorney, Julia Shewchuk, Community Development Director,
Dennis Murphy, Asst. Community Development Director, Dr. Nicholas; A. Millie Delgado, Deputy
Clerk
PUBLIC COMMENTS
Mr. Bob Bangert, Holiday Pines resident, representing Conservation Alliance, addressed the Board in
favor of the increase of impact fees.
Ms. Grace Stock, St. Lucie Audubon Society, concurred with Mr. Bangert's comments and suggested
the Board review the millage rates of the surrounding counties to see if they are comparable.
Mr. Charles Grande, Hutchinson Island, addressed the Board in favor of the increase in impact fees
and commended the Board for their action.
Ms. Betty Lou Wells, St. Lucie Comprehensive Plan Study Group, submitted a letter from the groupe
attached).
Mr. Bill Hearn, Tozier Road resident, addressed the Board and encouraged the Board to look at more
realistic figures in the future before submitting them to the Planning and Zoning Board this would
avoid any problems in the community.
Com. Coward wanted to make sure that everyone was aware of the fact that nothing has been done
behind the scenes. There was unlimited public comments at the Planning and Zoning meeting he
attended and he felt it was beneficial. They also had workshops with the City Councils and also public
hearings. All was done with the public present and he felt they made an extra effort to include as
much public comment as possible.
Com. Coward stated that the public's thoughts as well as Mr. Hearn's were very important.
The Asst. Community Development Director addressed the Board with the newly proposed fees and
the 2 year phase in period for all fees which increased more than $100.00.
If the particular line category did not increase more than $100.00, they bumped it up to it's maximum
rate initially.
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The Asst. Community Development Director reviewed the changes concerning school impact fees due
to what is before the legislation today and this is expected to pass.
The Legislation would be responsible for funding 2/3 of the impact fees based on the collection of
fiscal year 1999-2000.
The Governor has not signed this into law as yet.
The Asst. Community Development Director reviewed the changes at the retail, industrial and office
numbers based on prior discussion.
The Fire EMS charge makes a significant difference which is a new fee.
Dr. James Nicholas addressed the discount rates as requested by Mr. Santos from the Builder's
Association.
The attached memo from Dr. Nicholas was reviewed.
Ms. Betty Lou Wells addressed the Board and questioned why the fees were being phased in.
Dr. Nicholas addressed Ms. Well's questions. '
(1-713)
A. Consider staff recommendation to approve Ordinance No. 00-002 amending the Countywide
Library Impact Fee program.
It was moved by Com. Barnes, seconded by Com. Coward, to approve Ordinance No. 00-002;and,
upon rollcall, motion carried unanimously.
B. Consider staff recommendation to approve Ordinance No. 00-003 creating a new Countywide
Impact Fee program for the purpose of Fire/EMS Protection Services.
It was moved by Com. Hutchinson, seconded by Com. Lewis, to approve Ordinance No. 00-003; and,
upon roll call, motion carried unanimously.
C. Consider staff recommendation to approve Ordinance No. 00-004- amending a Countywide
Roads Impact Fee program.
It was moved by Com. Lewis, seconded by Com. Barnes, to approve Ordinance No. 00-004; and, upon
roll call, motion carried unanimously.
D. Consider staff recommendation to approve Ordinance No. 00-005 amending Countywide Parks
Impact Fee program.
It was moved by Com. Coward, seconded by Com. Lewis, to approve Ordinance No. 00-005; and,
upon roll call, motion carried unanimously.
E. Consider staff recommendation to approve Ordinance No. 00-009 amending the Countywide
Public Buildings Impact Fee program.
It was moved by Com. Barnes, seconded by Com. Coward, to approve Ordinance No. 00-009; and,
upon roll call, motion carried unanimously.
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3. COMMUNITY DEVELOPMENT (1-2146)
Consider Draft Interlocal Agreements between the St. Lucie County Board of County
Commissioners and the City's ofFt. Pierce and Port St. Lucie regarding the collection oflmpact Fees.
The Assistant Community Development Director addressed the Board on this issue and advised the
Board that each agreement includes an increase in the Administrative Charge from 3% to 4% each also
provides for a revision to the termination provisions as outlined and that the agreements, individually
also reflect the variation ofthe percentage distributions for the various fees collected. Included within
this are certain responsibilities and identification issues relating to the various charges.
Com. Coward advised those present that the total amount of money is not changing with the rates
which are presently being put in place. We are not creating additional dollars, we are just changing the
city of Port St. Lucie's level of control.
The Assst. Community Development Director stated, in the agreements, the shortfall question
language will be added. With regard to the Library agreement in South County, the memorandum of
understanding between the County Administrator and the City Manager in regards to libraries,
included a specific citation that the city would cooperate with the county in locating a site off of
existing city inventory for the development of a new library in the western part of Port St Lucie, the
exact site is to be determined. Such a location of a facility is consistent ~ith the library's overall
master plan service growth requirement, servic,e needs, but this particular provision is not found in this
specific agreement that the Board is reviewing today.
There are two ways this can be handled. One, is to put an end to the interlocal agreement that is
presently in front of the Board. Or second, do a separate interlocal agreement similar in nature to what
was done with the City ofFt. Pierce.
The County Attorney reviewed the agreement the county had with the City ofFt. Pierce where the city
agreed to provide the site for the library and they also agreed to assist in the funding. A similar
agreement can be done with the City of Port St. Lucie.
The Asst. Community Development Director advised the Board that all he is looking for today is
conceptual approval for the revised interlocals since they still need to finalize them with the cities.
Com. Hutchinson questioned the public buildings and if the city would be willing to give the 16%
towards that if it is located within their area.
He advised the Board he had asked the City Manager if there were any preclusions to the city and
county entering into ajoint agreement to develop ajoint public building facility for what ever purpose
may come up in the future.
The response from the City Manager was that the door is always open to joint interlocal agreements
and joint participation projects for something that has a countywide benefit such as a constitutional
type officer.
The consensus ofthe Board was to conceptually approve as directed.
There being no further business to be brought before the Board, the public hearing was adjourned at
7:30p.m.
Chairman
Clerk of Circuit Court
-3-
...
'-"
"wi
0~Þ'
Statement before St. Lucie County Board of Commissioners at Second
Public Hearing on Adoption of Impact Fees May 9, 2000.
The St. Lucie County Comprehensive Plan Study Group strongly
supports adoption and collection of Impact fees. While we recognize
that impact fees are not universally popular, if new growth is to have
necessary infrastructure and services (which present residents should
not have to provide and clearly do not wish to provide), Impact fees seem
the most reasonable way to provide that Infrastructure and those
services.
The fees should be fair, reasonable and scientifically calculated.
They should come as close as possible to covering the costs for which
they are needed. St. Lucie County was one of the first counties in Florida
to adopt impact fees, and Commissions have repeatedly hired
recognized consultants to calculate and justify them but has also
repeatedly adopted lesser amounts and/or slower collection schedules
than recommended
The St. Lucie Comprehensive Plan states in the Capital
Improvements Element that "Future Development shall pay for 100% of
the capital improvements needed to address the impact of such
development. Future development's proportion of the cost of capital
improvements needed to address the Impact of such development shall
be determined, In part, by the County's impact fee ordinances and
supporting studies, which shall include credits for other payments by
future development...." Policy 11.1.2.4.
If Dr. Nicholas' recommended fee schedule is not adopted, what will
be the shortfall for covering development Impacts, and how will the
shortfall be made up so that the County will be in compliance with its
Comprehensive Plan?
....
~
....,
James C. Nicholas
313 Holland Hall
University offlorida
Gainesville, fL 32611
(352) 392-8832
(352) 392-3005 fax
e-mail jenieholas@msn.com
MEMORANDUM
"-
TO:
Dennis Murphy
DATE:
M~y 3, 2000
SUBJ:
Impact Fee Methodology
Financial Parameters
Mr. Santos raised two issues with respect to the financial parameters used in
calculating impact fees. Specifically, he raised questions about the discount rate
used and the time over which present values are to be calculated. I would like to set
out herein the bases for the parameters used.
1. THE DISCOUNT RATE. A discount rate of 5.5% is used is calculating the
fees. This is a reduction from the present 7.5%. A discount rate is used to
adjust future anticipated receipts back to present value. The use of a discount
rate is based upon the well-known concept of time value of money. The
compensation for delaying receipt of funds until some time in the future is in-
terest. Altematively, the cost'applied to a future value, expressed as a pre-
sent value, is negative interest or discount.
a. AN APPROPRIATE DISCOUNT RATE. The rate 5.5% used is a
blend of various interest rates present in the market place -
· Prime interest rate - 9.00%
· Federal discount rate - 5.5%
· Treasury 30-year bond - 6.11 %
· T-bill rate - 5.74%
· 30-year fixed rate mortgage - 8.13%
· 15-year fixed rate mortgage - 7.79%
. .- -- " ~ .'.- --,-.'. -AEfj u stable, rate ffior-tgage-- 6..77%. .
The above are conservative measures of the time value of money.
The only rate near the recommended 5.5% is the federal discount rate,
the interest rate charged by the Federal Reserve to its member banks.
The objective of a discount rate is to reflect the county's cost of money.
This objective follows from the fact that the general public must ad-
vance the funding of infrastructure improvements and that these ad-
....
'-"
...."
. Page 2
May 5, 2000
vances will be repaid in the future. Since the time frames involved are
long-term, a long-term cost of money should be used. It should be
clear from the above that a higher discount could be justified.
b. INFLATION RATE. One of the components of the cost of money is in
current and anticipated rate of inflation. At present inflation is running
less than 2%. However, the cost of money includes offsetting. for infla-
tion and plus nterest.
2. DISCOUNT PERIOD. The discount period should approximate the-relevant
time frame of the issue in question. The issues relevant to impact fees are
long-term, thus the discount period should be long-term. The need is to set a
number of years that reasonably approximates the long-term. The recom-
mendation is 25 years. There should be no argument that 25 years is a long-
term. The discussion asks whether it is the appropriate definition of the long-
term.
Most long-term government financing is 20 years. This would argue for 20
years being the functional definition of long-term. However, some govem-
ment finance is for more than 20 years and much private finance is up to 30
years, especially mortgages. For these reasons, 25 years is recommended.
A longer discount period has been suggested. Certainly, a longer period
could be used. But, as the market rates shown above reflect, a higher interest
or discount rate would be employed.
. .. .- _ '- ...~ _ .....- '., -'!..- '.. --. .". ._-" ..- - - '.. . "
AGENDA REQUEST
ITEM NO.
DATE: May 91 2000
CONSENT
REGULAR
PUBLIC HEARING [ X ]
[ X ] Quasi-JD.
SUBMITTED BY:
TO: BOARD OF COUNTY COMMISSIONERS
SUBJECT:
Consider draft Ordinance No. 00-002
Countywide
Impact Fees program.
BACKGROUND:
Draft Ordinance No. 00-002
Library Impact Fee. These changes
amendments to
the following
County's Countywide
·
Section 1-11-11.
Short
Authority, and Applicability.
This section has been
to the imposition and
for addition findings of fact related
imposing impact fees.
·
Section 1-11-16
Computation of the Amount of Library Impact Fee.
costs to provide for
on an Update of Road,
a Proposal for a Fire
dated April 27, 2000,
The Library Impact Fee
facilities as
, Library, PUblic
& Rescue [EMS) Impact
prepared by Dr. James
·
Section 1-11-17(A}
.Payment of Fee.
This section has
how the Library
of building permit
cards or other
clarification in the description of
fee must still be paid at the time
allows the use checks, credits
to cash.
· Section 1-11-18(A}
This section has been
who is eligible for a
a clarification in the description of
credit.
.
Section 1-11-18(A} & (B)
Use of Funds.
This Section provides
retained by the local
fee is being changed
to the Administrative Fee that may be
administration of this ordinance. This
FUNDS AVAILABLE: N/A
PREVIOUS ACTION:
This second of two public
Library Impact Fee Ordinance. The
Thursday, April 20, 2000.
the proposed amendments to the Countywide
hearing on this Ordinance was held on
RECOMMENDATION: Approve Ordinance No. 00-002.
COMMIS~íÔN ACTION:
[ \)/' APPROVED [ DENIED
[ ] OTHER:
County Attorney:
Mgt & Budget:
Purchasing:
Other:
Other:
Originating Dept:
(AGEND500)
Finance (copies only) :
County Commission Review: May 9, 2000
DEPARTMENT OF COMMUNITY DEVELOPMENT
Admbli$tration
MEMORANDUM
TO:
County Commission
FROM:
Julia Shewchuk, Community Development Director
DATE:
May 5, 2000
SUBJECT:
Draft Ordinance 00-002 - Library JmPGlct Fees
Attached is a copy of Draft Ordinance 00-002 which would propose a series of amendments to the
County's Countywide Library Impact Fee. These changes are found in the following Sections:
.
Section 1-11-11.
Short Title, Authority, and Applicability.
This section has been amendeej to provideforªddition findings of fact related to the
imposition and authority for imposing·impacffees.
Section 1-11-16
Computation of the Amount of Library Impact Fee.
The Library Impact Fee has been amended tqreflectupdatedcoststoprovide for library
facilities as outlined in the Techn.icaIMernorandumonanUPdateofRqad, School, Library,
Public BuIldings. and Parks ImpactFeesªndaPr()p()salforaFire&~~scue[EMS] Impact
Fee, prepared for St. Lucie County, dated April27,200Q, prepared by Dr. James Nicholas,
PhD.
.
Section 1-11-17(A)
Payment of Fee.
This section has been amended to reflect a clarification in the description of how the Library
Impact Fee may be paid. The fee must still be paid at the time of building permit issuance,
but this amendment allows the use checks, credits cards or other suitable exchange
materials in addition to cash.
.
Section 1-11-18(A)
Credits.
This section has been amended to reflect a clarification in the description of who is eligible
for a Library Impact Fee credit.
. Section 1-11-18(A) & (8) Use of Funds.
This Section provides for an amendment to the Administrative Fee that may be retained by
the local government for the administration of this ordinance. This fee is being changed
from 3% to 4%.
May 5, 2000
Page 2
Subject: Library Impact Fees
If ultimately approved by the6oard, the amenQmentªto$ection1~11-11, Short Title, Authority,
and Applicability; Section 1~11-.t7(A), Payment of Fees and . Section 1~11-18(A), Credits, shall
become effective. upon the filing with the Department. of State. This is expected to be
approximately two weeks after final approval actions.
The amendments to Section 1~11-16, Fee Schedule and Section 1-11-18(A) & (6), Use of Funds,
would not become effective until October 1, 2000. Since the average change in this fee schedule
is less than $100, no phasing schedule is recommended. If approved, these fee adjustments would
take effect, in total, on October 1, 2000.
This is the seconQqftwQ public hearings on the prqpQsedeirl1epdmentst()theiCountywide Library
Impact Fee Ordinance. The first public hearing on this ()rdinance was held on Thursday, April 20,
2000.
Staff recommends approval of Draft Ordinance No. 00-002.
SUBMITTED:
Shewchuk, AICP
Community Development Director
JS
attachment
LIBMEM0509a(IMPACT2000)
cc: County Administrator
County Attorney
Management & Budget Director
Leisure Services Director
Library Director
James Nichoias
Julian Juergensmeyer
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ORDINANCE NO. 00..002
AN ORDINANCE AMENDING, ARTICLE II CHAPTER 1-11, LIBRARIES
IMPACT FEE, OF THE ST. LUCIE COUNTY CODE AND CO LED
LAWS BY AMENDING SECTION 1-11-11, SHORT TIT TY,
AND APPLICABILITY, TO PROVIDE FORADDITIONA FACT;
BY AMENDING SECTION 1-11-16, COMP NT OF
LIBRARY IMPACT FEE TO PROVIDE FEES
ASSESSED; BY AMENDING SECTIONS ND
1-11-18, CREDITS, TO PROVIDE FOR
FOR CLARIFICATION PURPOSES;
AND (B), USE OF FUNDS, TO PR
HANDLING FEE; PROVIDING FOR
PROVIDING FOR SEVERABILITY; PR
PROVIDING FOR FILING WITH
PROVIDING FOR AN EFFECTI
AND PROVIDING FOR CODIFI
WHEREAS the~oard ofCounty
the following determinations:
1.
On Septemþer 19, 19
Florida, adopted
C
of St. Lucie County,
Impact Fee in St. Lucie
2.
Planning and
ordinance after
atleast ten (1 0)
ordinance was
Board held its first public hearing on the proposed ordinance,
notice of such hearing in The Tribune and the Port St. Lucie News
O.
, 2000, this Board
public hearing on the proposed
--------------
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Ordinance # 00-02c
Library Impact Fee Draft #3
Page 1
PRINT DATE: 05/05/00
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ordinance, after publishing a notice of suchhearinginTheTribune and the Port St.
Lucie News on April 28, 2000.
5. The Board of County Commissioners has reviewed and accepted a Technical
Memorandum on an Update of Road, School, Library, Public Buil Parks
Impact Fees and a Proposal for a Fire & Rescue [EMS] I
St. Lucie County, dated April 27, 2000, prepar by Dr.
6. The proposed amendments to
consistenfwith the general
Lucie CouptyCOrnprehensive
and public welfare of the citizens
NOW, THEREFORE, be it ordained by the Boa
Cou nty:
Part A.
ARTICLE II "LlBRARIE
CODE OF ORDINA
AMENDED AS FO
PTER 1..11 OF THE
OUNTY, FLORIDA, IS
A.
the "Libraries I mpact Fee
B.
mmissioners of St. Lucie County has the authority to adopt
to Article VIII of the Constitution of the State of Florida and
nd Sections 163.3201 and 163.3202(3) Florida Statutes.
125.01 1 f Florida Statutes and Sections 1-11-1 and 1-11-2
f Ordinances of St. Lucie Count Florida St. Lucie Count rovides
----------------- ---------------
deletion
Ordinance # 00-02c
Library Impact Fee - Draft #3
Page 2
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a public library system that serves all St. Lucie County residents. St. Lucie County
is the sole provider of public library services in St. Lucie County.
D.
&E. This article shall apply to allareasiof SLL
interlocal agreements with the affected. mu
Section 1-11-12.
Intents and Purpose
A. This chapter is Intended toimplemeoté1ng
and Policies of the St. Lucie County
B.
The purpose of this chapter is
to assure that new develop
expenditures necessary
the St. Lucie County C
lopment of land so as
hare of the cost of capital
County as contemplated by
c.
ent of Section 163.3202, Local
and Development Regulation Act and
Land and Water Management Act, Florida
380, respectively, has sought to encourage local
ees as a part of their land development regulation
this ordinance shall be liberally construed so as to effectively carry
in the interest of the public health, safety, and welfare.
poses of administration and enforcement of this ordinance, unless
e stated in this ordinance, the following rules of construction shall apply to
--------------~------------- ----
ordinance # 00-02c
Library Impact Fee - Draft #3
Page 3
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the text .of this .ordinance:
1 In case .of any difference .of meaning .or implicatian between the text .of this
article and any captian, iIIustratian, summary table, .or illustrative table, the
text shall cantral.
2
The ward "sh¡all" is always mandatory
is permissive.
"may"
3 Wards used in the present tense sh
the singular number shall include
unless the cantext clearly indicates
4 The phrase "usødfar" includes "a
for," .or ".occupied far."
5 The word "pet$on" incl.ucje
incarparated assaciat
6
Unless the context cl
two (2) .or mar
canjunctian "a
fallaws:
here a regulatian invalves
, .or events connected by the
canjunctian shall be interpreted as
provisians
"includes" shall not limit a term ta the specific example but is
ta extend its meaning ta all ather instances or circumstances .of like
.or character.
----------------- ---------------
Ordinance # 00-02c
Library Impact Fee Draft #3
Page 4
PRINT DATE: 05/05/00
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8 "County Administrator" meansthª9oyntyAdministrator or whoever he/she
may designate to carry out the administration of this ordinance.
9 Unless the contªxtclearlyinglcat~s.toitþe>contrary, all land use terminology
in this article small have the same mªªningas it has in the S cie County
Land Development Code.
Section 1-11-14.
Definitions.
A.
A "capital improvement" includes libra
improvements, buildings, equipment and
other similar library media with an expec
excludes maintenance and operation.
site
d's and
or more, but
B.
The "colJntylibrarysystem"is ª lJ.nit
charged With providing library se
all municipalities.
nt of the county
ie County, including
B.
A "fee payer" is a person cO
the issuance of a buildi
recreational vehiclepa
1-11-160fthisordina
ent activity by applying for
for a mobile home park or
pment activity specified in Section
A.
e date ofthis ordinance, seeks to develop land by
building permit for one of the residential land use
n 1-11-16 of this Ordinance or an electrical permit for a
reational vehicle park shall be required to pay a library
er and amount set forth in this ordinance. Nothing in this
d to eliminate the requirements of Section 11.02.07 of the St.
nd Development Code.
permit for any residential land use type specified in Section 1-11-16 of
nance nor electrical permit for a mobile home park or recreational vehicle
-------------
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is
Ordinance # 00-02c
Library Impact Fee - Draft #3
Page 5
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park shall be issued unless and until theUbparyimpaqtJee hereby required has
been paid as provided in Section 1-11-17 ofthisOrdinance.
Section 1-11-16.
Computation of the Amount of Library Imp
A. At the option of the fe.epayer, the
following fee schedule.
discount.
81HCLE ¡;:',\MILY
-+4
-4&
..(òS
.....
::::!:! ::::!:!
-4& -+4
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Ordinance # 00-02c
Library Impact Fee - Draft #3
Page 6
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If the type of residential develo
permit for a mobile home p
specified on the above fe
applicable to the most
schedule.
or electrical
for is not
the fee
above fee
all pay the fee in cash to the county administrator at any time prior
e of a building permit or electrical permit for a recreational vehicle
ile home park.
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Ordinance # 00-02c
Library Impact Fee - Draft #3
Page 7
PRINT DATE: 05/05/00
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B.
I n lieu of all or part of the library impact fee, the board of county commissioners may
accept the offer by a developer to construct, dedicate or acquire property for part
of a library facility that is consistent with the County's Comprehensive Plan or the
adopted comprehensive plan of Ft. Pierce, Port St. Lucie or St. Lucie Village.
In addition, the construction or dedication of library fa
property for parks purposes must only be for pu ses
18. The board of county commissioners cre
improvement against the library impact fee ise d
represented by the construction or prop
deemed paid when the construction or ded
county for maintenance or when adequ
construction has been provided.
I n the ev~ntthe developer proposestod
the provisions of Section .1-11-1
represented by the prop~rtyd~di
when the dedicated or;::tcquir
appropriåtegóvemmental e
r!improved property,
portion .of the fee
deemed paid only
by the county or other
If library imp;::tctfees are
for the building or str
ad ministratorm;::tyaU
to ct the
its of any type may be issued
remains unpaid. The county
action as permitted by law or equity
A.
mmence any libraries impact generating land development
r a credit against the required libraries impact fee for any
ction, or dedication of land made by such person or a
accepted and received by St. Lucie County for libraries
ment that is creditable pursuant to this section. Consistent with the
this section, an application may be made for credit for any contribution,
tion or dedication made in St. Lucie County as required by a development
------------------- -------------
deletion
Ordinance # 00-02c
Library Impact Fee - Draft #3
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order issued by St. Lucie County, the City of Fort Pierce, the City of Port St. Lucie,
or St. Lucie Village pursuant to its local development regulations or section 380.06,
Florida Statutes, or any additional development condition imposed by the Florida
Land and Water Adjudicatory Commission on a development of regional impact to
the extent the contribution, payment, construction or dedication the same
needs as the libraries impact fee.
B.
General.
Any person desiring a libraries impact
contribution, construction or dedication
consistent with the County's Comprehe
plan of Ft. Pierce, Port St. Lucie or St. Lucie
of county commissioners an approval that t
or dedication is considered to be eligible
determination by the board that
dedication is eligible for a libraries'
shall be determined upon the su
and the entering into of a f
c.
Relationship of Libraries
D.
the person who
library capital
Board of
rules for the
of the
impact
--- --------
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Ordinance # 00-02c
Library Impact Fee -
Page 9
PRINT DATE: 05/05/00
#3
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2. If allowed by the Credit Agreement, credits may be assigned to successors
in interest provided the County receives a copy of the written agreement
signed by both the assignor and the assignee that has been recorded in the
Public Records of St. Lucie County, Florida.
3. No credit shall exceedthèamount due for the Ii bra
4. No credit shall be given for dedications
or constructed before January 1, 19
E.
Specific standªrds.
Credits against libraries
the following conditions.
1. County need.
The contribution, payme
capital need identified
comprehensive plan
credit shall be
capital need id
comprehensi
at one
by the
by the
provided
Credit for the
has been
a manner
feepayer shall opt not to have the property dedication credit determined
s set out above, then the amount of credit shall be determined by the board
-----------------
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Ordinance # 00-02c
Library Impact Fee - Draft #3
PRINT DATE:
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of county commissioners based on an Independent Property Appraisal, as
described in section 1-11-20 of this article, prepared by an individual both a
member of the Appraisal Institute (MAl) and a state certified general
appraiser acceptable to the board of county commissioners, that is paid for
by the fee payer. At the option of the board, the board may t a review
appraisal, as described in section 1-11-21 of this ed that in the
event the value established by the in nd I exceeds one
hundred twenty (120) per cent of the ed e than twent -
five (25) per cent, the board shall re a revi
In the event the board determines
determination of the value is the sa
the independent appraiser, then the
appraisal. If the determination of
than the value determined by the
shall pay for the cost of th
appraisal submitted purs
methodology and te
administrator.
In. the event a
determines to
expansion of
to
nes to donate, and the county
planned nonexisting libraries or
braries as described in this section
cation for final development order
of c issioners shall reserve the determination
for the dedicated property until the property owner, or
development order approval for the remainder of
e dedicated property was provided. All property
be determined at the time contracts are let for the
nsion of the eligible library or at the time a Final
er approval is granted, whichever occurs first. No property
uest may include the consideration of any enhancement
e of property being dedicated as a result of the new or expanded
struction. No property dedication credit request may include the
ration of any enhancement to the value of the property being
ated as result of the overall project development.
--------~------- --- --- --------
is
Ordinance # 00-02c
Library Impact Fee Draft #3
Pag" 11
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3.
Application procedure.
Applicants for credit for construction of libraries improvements shall submit
documentation ofthe actual engineering and construction costs to the county
administrator or his designee. The county administrator or hi . nee shall
determine credit for libraries construction based sts or upon
alternative engineering and constru' cost if the county
administrator or his designee determi at submitted are
excessive or incomplete.
4.
Acquisition by purchase or condem
In the event a developer is require
order to acquire library property
use as described in Section 1-11-1
I ndependent Property Apprai
the county administrato
administrator may obtain
shall be
or the
In the
appraised
that
or that
e request for additional credits.
r credit must be made no later than the time of application for a building
r an electrical permit. Any claim not so made shall be deemed waived.
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Ordinance # 00-020
Library Impact Fee - Draft #3
J?¡¡,ge12
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Section 1-11-20.
Independent Property Appraisal
A. If the feepayer shall opt not to have the value of any property dedication determined
as set out in section 1-11-19(E)(2), the amount of credit shall be de ined by the
board of county commissioners based on an Independent raisal (lPA),
prepared by an individual who is both a memb e titute (MAl) and
a state certified general appraiser acceptable t 0 ommissioners,
that is paid for by the fee payer. An "indepen rope an app I
report containing the following:
1 . Purpose of appraisal.
The > purpose of the
estimated and the
2.
3. Description of parent
a.
ch.lnterest being evaluated.
erty in acres or square feet.
erest inproP(iJrtybeing acquired in acres or square
of title.
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for
is for
Ordinance # 00-02c
Library Impact Fee - Draft #3
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h. Type and condition of improvements and special features that may
add to or detract from the value of the property.
4.
Highest and best use.
The highest and best use of the property on whic
before the acquisition of rights and i to
and best use of the remainder after i
involved. In either instance, if the
the valuation is based, the apprais
determination that the property
highest and best use and there is
5.
Before and after valuation.
The "before and after" method
b~ used in partial donatio
improvements.
by Florida law will
the residue land or
6.
a direct
being
forth his
comparable
b. the income (capitalization) approach is used, there must be
umentation to support the income, expenses, interest rate,
italization rate, discount rate, or any other factors used in the
nalysis. Where it is determined that the market rental income is
different from the existing or contract income, the increase or
decrease must be explained and supported by market information.
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Ordinance # 00-02c
Library Impact Fee - Draft #3
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c. Where the cost approach is utilized, the appraisal report must contain
the specific source of cost data, remaining economic life, and an
explanation of each type of accrued depreciation.
7.
Appraisal of after value.
The appraisal of the after value must be s
appraisal of the before value. This su
following:
a. Sales comparable to the
b.
c.
érties. which show
uisition or taking for
d.
or other public
e.
are not
appraiser's
the
remainder
difference
re two (2) or more of the approaches of value are used, the appraisal
ill show the correlation of the separate indications of value derived by each
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Ordinance # 00-02c
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approach along with a reasoné1þIØiØ~plan~tionforthe finé11 conclusion of
value. This correlation will be included for both before and after appraisals.
10.
Photographs.
All appraisals should include identified photograph
including all principal above ground i ov
affecting the value of the property to n 0
11.
Sketch or plat.
Appraisal reports for wholeté1klng
property showing boundary dif1jøns1
significant features ofthe propørty.
also showthearea to be acquired,
area and area of each rema
12.
Comparable sales.
Each appraisal report
which were used'
the comparable sales
a.
of parties to the
sale and with
total area, type of
and best use at the
to the analysis and
and conditions of sale
broker, title or escrow
rtinent comparable sales date should include identified
photographs of all principal above ground improvements or unusual
features affecting the value of the comparable.
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Ordinance # 00-02c
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13. Inspection of properties.
All property appraised and the comparable sales which were relied upon in
arriving at the fair market value estimate will be personally inspected in the
field by the appraiser and all dates of inspection will b own in the
appraisal report.
14. Date of valuation.
The effective date to which the valu
15. Limiting conditions.
Statement of appropriate. con tinge
16. Certification and signature.
Section 1-11-21.
A.
, th review appraisal of the
pra' in the event the value
nde Appraisal exceeds one hundred twenty
ed value by more than twenty-five (25) per cent, the
praisal. A "review appraisal" shall comply with the
praiser will field inspect the property appraised and the
considered by the appraiser in arriving at either or both,
, the fair market value of the whole property and of the
iewing appraiser will examinl.3theappraisal reportstödetermine that
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Ordinance # 00-02c
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a.
Comply with the provisions of this section.
b.
Follow acceptedappraif?al principlef?andfechniques in the valuation
of real property in accordance withexif?ting state law.
c.
Contain or make reference to the informati
substantiate and thereby docume
value and/or just compensatio
d.
I nclude consideration of co
but do not include compen
noncompensable under stat
e.
f.
Contain the esti
acquisition, a
either in the re
of theesti
and for
or resulting from the
se of a partial acquisition,
nt, a reasonable allocation
lue for the real property acquired
property.
is esti compensation, the reviewing appraiser
in revisions of appraisal reports which do
t the requirements set forth in this section. These will
ined in the parcel file.
ap rmaysupplementan appraisal report with corrections
atical errors where such errors do not affect the final value
ay also supplement the appraisal file where the following
s been omitted:
ner's and/or tenants' names.
Parties to transactions, date of purchase and deed book reference on
sale of subject property and comparables.
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Ordinance # 00-02c
Library Impact Fee - Draft #3
Page 18
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c. Statement that there were nO sales of subject property in past five (5)
years.
d. Location, zoning or presentusøofsubject property or comparables.
5.
The reviewing appraiser will initial and date his c
data supplements to an appraisal report.
6.
The reviewing appraiser will submit
forth:
a. His estimate of just compen
allocation of compensation
damages to remaining real p
the buildings, structures, a
as the fixtures which he
to be acquired, if su
appraisal(s).
b. That as apart
the parcª
thereto.
e has been reached independently, without
r direction, and is based on appraisals and other
the review appraiser determines the value to be the same
than the value determined by the Independent Property Appraisal
county shall bear the cost of the review appraisal.
Libraries Impact Fee Districts Created
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Ordinance # 00-02c
Library Impact Fee - Draft #3
Page 19
PRINT DATE: oslosloo
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There is herebyestablishedtwo (2) Libraries ImpactFeeDl$trictsas shown in Figure I, and
generally described as follows:
Library District A:
All of St. Lucie County, less the following:
Begin at the center ofthe intersection of So
Road (POB); thence easterly to the center
River; thence southerly along the centerlin
River to the point of intersection with the
Light Power lines originating at the St. Luci
power lines to the west bank of the Indian
the west bank of the Indian River to the
westerly along the Martin/St. Lucie
1-95 and the southwest corner of t
along the west city limit line of
intersection of West Midway
along the centerline of We
said
along
Lina;thence
rsection with
ence northerly
he center of the
ç¡d; thence easterly
Library District B:
25th Street and West Midway
erly t the North Fork of the St. Lucie
the centerline of the North Fork of the St. Lucie
n with the centerline of the Florida Power and
e St. Lucie Power Plant; easterly along said
the Indian River: thence southeasterly along
n River to the Martin/St. Lucie County Line; thence
St. Lucie County Line to a point of intersection with
t corner of the City of Port St. Lucie; thence northerly
limit line of the City of Port St. Lucie to the center of the
est Midway Road and Glades Cut-Off Road; thence easterly
terline of West Midway Road to the POB.
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Ordinance # 00-02c
Library Impact Fee Draft #3
Page 20
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..-
~
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II
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Ordinance # 00-02c
Library Impact Fee - Draft #3
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Section 1-11-23.
libraries Impact Fee Trust Funds Established.
A. There is hereÞyest<ablIshed separate Librari~sl.mp~¢tFee Trust Funds for the
libraries impact fee districts established by Sectioo>1-1 1-22 of this ordinance.
B. Funds withdrawn from these accounts
11-24 of this ordinance.
Section 1-11-24.
Use of Funds.
A. The collecting governmental unit shall be
four percent (4%) of the funds collected to
expense of collecting and administering
remaining funds collected from library .
purpose of capital improvements t
maintenance or operations. Land
made necessary by the Coun
B.
Except for the up to
funds shall be used ex
fee district from which
of direct benefit to th
ainage authorized above,
ements within the lIbrary impact
rojects in other districts which are
nds were collected.
C.
to the Board of County
for libraries, assigning
Fee Trust Fund to
including
in the same
by the
in the order
unty Commissioners of St. Lucie County may enter into interlocal
ith the governing bodies of the municipalities in St. Lucie County to
per use of the funds collected pursuant to this ordinance.
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Ordinance # 00-02c
Library Impact Fee - Draft #3
Page 22
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Section 1-11-25.
Refund of Fees Paid.
A. If a building permit or an electrical permit for a mobile home park or recreational
vehicle park expires and no construction has been commenced, then the feepayer,
his heirs, successors or assigns, shall be entitled to a refund of the act fee paid
as a condition for its issuance except that the county shall percent (3%)
of the funds as an administrative fee to offset costs g.
B.
Any funds not expended or encumber~dt:>y
following then (10) yeélrs from thedat
payment was received shall, UPOnJ:tp
hundred eighty (180) days ofth~expirª
to the current owner with interest at therât
e
one
turned
per annum.
Section 1-11-26.
Exemptions.
A.
The following shall be exempted
fee:
ent of the library impact
1.
Alteration or exp
created, the us
will be produc
g where no additional units are
no additional need for libraries
roduced by the existing use.
will not produce
produced by the principal
estroyed or partially destroyed building or structure
January 1, 1996, with a new building or structure of
erent use provided that no additional need for libraries will
er and above those produced by the original use of the land.
of exemption must be made no later than the time of application
ilding permit or electrical permit for a mobile home. Any claim not so
e shall be deemed waived.
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ordinance # 00-02c
Library Impact Fee - Draft #3
Page 23
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Sec. 1-11-27.
Appeals
A. Any decision made by the county administrator in the course of administering the
provisions of this chapter may be appealed to the board of county commissioners
by filing a petition of appeal within thirty (30) calendar days of date of the
rendition of the decision.
B. The board of county commissioners shall re .
within thirty (30) calendar days from the
petitioner shall be provided reasonable no
public meeting by certified mail, return r
Testimony at the public meeting shall be Ii
an extension of time is granted by the boar
the purpose of administrative appeals.
The board of county commissione
administrator only if there is comp
decision fails to comply with th
. . n of the county
in the record that the
Sec. 1-11-28.
A.
all the county administrator in April of
less ed by the county commission, any
ies i de pursuant to this section, shall be
ctober of each calendar year. All adjustments to the
on the methodology described in paragraph (B)
B.
any adjustment is the January Consumer Price Index - All
United States, published by the United States Department
bor Statistics. For the purpose of this Section the initial index
is January 1996. The Library Impact Fee shall be adjusted by the
nge in the index.
is changed so that the base year is different, the index shall be
in accordance with the conversion factor published by the United States
------------------
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Ordinance # 00-
Library Impact - Draft #3
Page 24
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Department of Labor, Bureau of Labor Statistics, If the index is discontinued or
revised, such other govemment index or computation with which it is replaced shall
be used in order to obtain substantially the same result as would be obtained if the
index had not been discontinued or revised.
D. The board of county commissioners shall review the lib
once every five (5) years from the effective date is or
PART B.
CONFLICTING PROVISIONS.
Special acts of the Floridalegislature applicéiple<o
County, County ordinances and Countyreso
ordinance are hereby superseded by this or .
rated areas of St. Lucie
in conflict with this
uch conflict.
PART C.
SEVERABILITY.
If any portion of thisordinªnce.'
inoperative, or void, suchhO
If this ordinance or any p
property 'cumsta
prope m
.ared to be unconstitutional,
çÏihlngportions of this ordinance.
t~ibeiJ1applicªble to any person,
f:ictits.applicability to any other person,
ble throughout St. Lucie County's jurisdiction, including the
e absence of interlocal agreements with the affected
WITH THE DEPARTMENT OF STATE.
nd is hereby directed forth\i\fithtosend a certified copy of this ordinance to
----------------- ---------------
Ordinance # 00-02c Page 25
Library Impact Fee - Draft #3 PRINT DATE: 05/05/00
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the Bureau of Administrative Code and Laws, Dapartment of State, The Capitol,
Tallahassee, Florida 32304.
PART F.
EFFECTIVE DATE.
The Amendments to Section 1-11-11,
11-17,payment of Fees and Section 1-1
filing with the Department of State.
The Amendment to Section 1-11
of Funds, shall become effective
PART G.
ADOPTION.
After motion and second, the vote on thi
Chairman John D. Bruhn
Vice Chairman Frannie
xxx
xxx
xxx
xxx
shall be incorporated in the St. Lucie County Code and
word "ordinance" may be changed to "section", "article", or other
the sections of this ordinance may be renumbered or relettered to
ntion; provided, however, that parts B through H shall not be codified.
--------------------------------
Ordinance # 00-02c
Library Impact Fee Draft #3
Page 26
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PASSED AND DULY ENACTED this 9th day of May,2000.
ATTEST:
BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY, FLORID
DEPUTY CLERK
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Ordinance # 00-02c
Library Impact Fee - Draft #3
Page 27
PRINT DATE: 05/05/00
AGENDA REQUEST
ITEM NO.
DATE: May 9, 2000
CONSENT
REGULAR
PUBLIC HEARING [ X ]
Leg. [X ] Quasi-JD.
SUBMITTED BY:
TO: BOARD OF COUNTY
SUBJECT:
Impact Fee
BACKGROUND:
Draft Ordinance No. 00
program for the
be applicable to all
would be collected by the
remitted to the
to meet
development activity in
Countywide Impact Fee
This fee would
This fee
in the County
allowing the Fire
generated by new
If approved by the Boarg,
until October 1,
Board a
fee would be
with the annual
not become effective
recommends that the
The first 72 of
second 72 of the fee,
phased in on October 1,
2001.
N/A
PREVIOUS ACTION: This is the second of
Fire/EMS Impact Fee Ordinance.
was held on Thursday, April 20,
on · the proposed Countywide
public hearing on this Ordinance
RECOMMENDATION:
Approve Ordinance No. 00 003.
[ ~ÁPPROVED
[ ] OTHER:
DENIED
COMMISSION ACTION:
County
Mgt & Budget
Originating Dept,
Other,
Other,
Finance (copies only) ,
(AGEND502 )
County Commission Review: May 9,2000
DEPARTMENT OF COMMUNITY DEVELOPMENT
Administration
MEMORANDUM
TO:
County Commission
FROM:
Julia Shewchuk, CommunityiDevelopment Director
DATE:
May 5, 2000
SUBJECT:
Draft Ordinance No. 00-003- Fire/¡:EMS.Prot¡¡¡ction·lmpact Fee Ordinance
Attached is a copy of Draft Ordinance No. 00-003 which would propose to create a new Countywide Impact
Fee program for the purpose of Fire/EMS Protection Services. This fee would be applicable to all new
development activities in the County. This fee would be collected by the various units of local government
in the County and then remitted to the Fire District for the purposes allowing the Fire District to meet the public
safety obligations being generated by new development activity in the County.
If approved by the Boarc , these impact f¡¡¡¡¡¡s would notb¡¡¡come aff¡¡¡çtiv¡¡¡ untiLÇ)ctober 1,2000. Since this is
new fee, staff recommends that the Boardconsid¡¡¡ratwoy¡¡¡arphCiSe-in SCh¡¡¡dul¡¡¡for this fees. The first }i
of the fee would be aS$¡¡¡s$ed on October 1, 2000. Th¡¡¡secqnd14 of the fee, along with the annual CPI
adjustment, would be phased in on October 1, 2001.
This is the second of two puþHc. hear¡n~sonthe pr9PQsed¡amendlj1¡¡¡nìsto. the Cquntywide Fire/EMS
Protection Impact Fee Ordinance. The first public heCiringonthis Ordinance was held on Thursday, April 20,
2000.
Staff recommends approval of Draft Ordinance No. 00-003.
SUBMITTED:
ia Shewchuk, AICP
Community Development Director
DJM
attachment
FIREMEM0509a{IMPACT2000)
cc: County Administrator
County Attomey
Management & Budget Director
Chief Paul Haigley
James Nicholas
Julian Juergensmeyer
1 ORDINANCE NO. 00..003
2
3 AN ORDINANCE RELATING TO THE REGULATION OF THE USE AND
4 DEVELOPMENT OF LAND IN ST. LUCIE COUNTY, FDA,
5 PROVIDING FOR THE CREATION OF ARTICLE I OF CH TER OF
6 THE ST. LUCIE COUNTY CODE OF ORDINANCES ING A
7 FIRE/EMS PROTECTION IMPACT FEE PMENT
8 ACTIVITIES IN ST. LUCIE COUNTY; C .9-01,
9 PROVIDING FORASHORTTITLE,AUTH F
10 THE ORDINANCE; BY CREATING SEC
11 THE INTENT AND PURPOSES; C TION
12 PROVIDING RULES OF CONSTRUCT SECTIO
13 04, PROVIDING DEFINITIONS; ION 1-7.9-05,
14 PROVIDING FOR THE IMPOSITION 0 N IMPACT
15 FEE; CREATING SECTION 1-7.9-06, TION
16 OF THE AMOUNT OF THE FI ACT FEE;
17 CREATING SECTION 1-7.9-07, NT OF FEES;
18 BY CREATING SECTION FOR CREDITS;
19 CREATING SECTION 1 INDEPENDENT
20 PROPERTY APPRAISA -7.9-10, PROVIDING
21 FOR PROPERTY RE NGSECTION 1-7.9-11,
22 PROVIDING FOR T FIRE/EMS PROTECTION
23 1M FEE DI ON 1-7.9-12, PROVIDING
24 F EST PROTECTION IMPACT FEE
25 NG 1-7.9-13, PROVIDING FOR THE
26 G SECTION 1-7.9-14, PROVIDING FOR
27 ATING SECTION 1-7.9-15, PROVIDING
28 G SECTION 1-7.9-16, PROVIDING FOR
29 CTION 1-7.9-17, PROVIDING FOR REVIEW
30 USTMENT OF FEES; PROVIDING FOR
31 SIONS; PROVIDING FOR SEVERABILITY;
32 CABILlTY; PROVIDING FOR FILING WITH THE
33 OF STATE; PROVIDING FOR AN EFFECTIVE DATE;
34 R ADOPTION AND PROVIDING FOR CODIFICATION.
35
36
-------------------------------
is for addition
is for deletion
Ordinance #00-003c
Fire/EMS Protection Impact Fee - Draft #3
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WHEREAS the Board of County Commissionen~øf$t.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 ass ; and
2. The St. Lucie County Comprehensive Plan
bear a proportionate share of the cost of
capital facilities required by such developm
3. Policy 11.1.2.4 of the St. Lucie County
obligation of future development in the c
100% of its capital facility/improvement im
4.
The Florida Legislature through the en. a
Statutes, has sought tQencol..lragelQ
development regulations; and
163,3202(3), Florida
'mpact fees as land
5. The St. Lucie County Fir
ComrnissiQners to adopt
development and to be
6. tax revenue
Fire/EMS
levels of
development.
7. Planning and
ordinance after
ten (10)
ordinance was
, this Board held its first public hearing on the proposed ordinance,
g a notice of such hearing in The Tribune and the Port St. Lucie News
,2000.
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Fire/EMS Protection Impact Fee - Draft #3
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9. On May 9, 2000, this Board held its$eCond(public hearing on the proposed
ordinance, aft~rpubli$hinga notice of such hearing in The Tribune and the Port St.
Lucie News on April 28, 2000.
10. The Board of County Commissioners has reviewed and accept
Memorandum on an Update of Road, School, Library, P
I mpact Fees and a Proposal for a Fire & Res EMS]
St. Lucie County, dated April 27, 2000, pre yO
NOW, THEREFORE, be it ordained by the.Boarq
County:
Part A.
ARTICLE I "FIRE/EMS PROTECTI
(FIRE PROTECTION) OF T
COUNTY, FLORIDA, IS C
OF CHAPTER 1-7.9
ES OF ST. LUCIE
ority, and Applicability.
A.
becitedasthe"FirelEMS Protection 1m act
B.
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~ This
Section 1-7.9-02.
A.
B.
c.
A.
is Ordinance unless
rules of construction shall a I to
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1
In case of any difference of meaning or implication between the text of this
article and any caption. illustration. summary table, or illustrative table, the
text shall control.
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The word "shall" isalwa s mandato
is permissive.
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Words used in the
the sin ular number
unless the context clearl
1.
The hrase "used forI! inci
for," or "occupied for."
º
The word " erson" includes an in
incor orated association
º
rovisions or
rovisions or
rovisions
Ie but is
of like
Administrator" méanstheCoun Administrator or whoever he/she
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may designatetOcarry out the administratiönofthis ordinance.
ft Unless the context clearly indicates to the contrary, all land use terminology
in this article shall have the same meaning as it has in the St. Lucie County
Land Development Code.
Section 1-7.9..04.
Definitions.
A.
rovement" includes
communications facilities with a useful
maintenance and operation.
B.
Section 1-7.9..05.
A.
B.
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Section 1-7.9-06.
Computation ofthe Amount of Fire/EMS Protection Impact
Fee.
A. At the option of the feepayer, the amount of the fee may be determined by the
following fee schedule:
RESIDENTIAL
SINGLE FAMILY
$199
$112
$112
$125
$125
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INDUSTRIAL
WAREHOUSE
TRUCK TERMINAL
INDUSTRIAL
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INSTITUTIONAL
SCHOOL - ELEM.
SCHOOL - MIDDLE/HIGH
DAY
FRATERNAL ORGANIZATION
HOSPITAL
$125
$125
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Section 1-7.9..07.
Payment of Fee.
A.
B.
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a ment construction
Protection impact fee.
B.
General.
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t those deemed site-
àctfee.
D.
General standards forissuingFire/EMSProtection impact fee credits.
.L
2.
If
successors
reement
recorded in the
3.
MSProtection im act
cHitiesiand e ui ment
E.
act fees otherwise a able shall be allowed
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appraisal submitted pursuanftothissubsecti.onshall be subject t.o review .of
meth.od.ol.ogy and technical· accuracy at the· discreti.on .of the C.ounty
Administrator.
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a.
that
ondemnation or that
b.
authorize the
c.
F.
lication for a buildin
eshàll be deemed waived.
A.
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The purpose of the appraisal which includes a statement of value to be
estimated and the rights or interest being appraised.
2.
Legal Description of property.
3.
Description of parent property.
Descri tion of the
a. Names of a
!1. Location of property.
c.
d.
uare
e.
t
9.:.
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5.
Before and after valuation.
The "before and after" method of valuation as interpreted bv Florida law will
be used in partial donations or special benefits to the residue land or
improvements.
6.
Approaches to value.
a.
~
and an
Sales comparable to the remainder properties.
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b.
Sales of comparable properties from which there have been similar
donations. or acauisitions for like usaaes.
c.
d.
Public sales
agencies.
e.
8.
9.
raisal
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Appraisal reports for whole takings will contain a sketch or plat of the
propertv showing boundary dimensions. location of improvements and other
significant features of the property. For partial takings. the sketch or plat will
also show the area to be acquired. relation ofthe improvements to the takina
area and area of each remainder.
12. Comparable sales.
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b. and conditions of sale
broker title or escrow
effective date to which the valuation a lies.
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15. Limitina conditions.
Statement of appropriate contingent and limiting conditions if any.
16. Certification and sianature.
The certification si nature and date of si
Section 1-7.9-10.
Pro ert Review A
A.
.L
or make reference to the information necessa to ex lain
s?iostantiate and thereo document the conclusions and estimates of
lue and/or 'ust com ensations identified therein.
Include consideration of compensable items. damaaes and benefits.
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but do not include compensation for items. damaaes and benefits
noncompensable under state law.
e.
Contain an identification or listina of the buildinas. structures and
other improvements on the land as well as the fixt~¡~'s which the
a raiser considered to be a art of the real I! ert;lð be ac uired.
t
3.
4.
isal re ort with corrections
do not affect the final value
raisal file where the followin
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6.
The reviewina appraiser will submit a signed and dated statement settina
forth:
a.
b.
c. That he has not direct
ersonal interest in su ¡
acau isition.
d.
Protection 1m act Fee District Created
act Fee District as shown in
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Section 1-7.9-12.
Fire/EMS Protection Impact Fees Trust Fund Established
A. There is hereby established a Fire/EMS Protection Impact Fee Trust Fund. for the
Fire/EMS Protection impact fees collected pursuant to this ordinance.
B. Funds withdrawn from this account must be used in accord
13 of this ordinance.
Section 1-7.9-13.
Use of Funds.
A.
B.
The St. Lucie nt Board of Count Commissioners and the Fire District will enter
appropriate"",,¡¡¡::~~terlocal aareements between or amona themselves and the
overnin <bmdies of the munici alities in the Count to rovide for the collection of
i,,'tIiJŠ'ed and to ensure ro er use of the funds collected ursuant to this
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article.
Section 1-7.9-14.
Refund of Fees Paid.
A.
B.
Section 1-7.9-15.
A. The followin shall be e
Protection impact fee:
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4. Anv claim of exemption must be made no later than the time of application
for a building permit or electrical permit for a mobile home. Anv claim not so
made shall be deemed waived.
Sec. 1-7.9-16.
Acceals
A.
B.
Sec. 1-
A.
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1 Urban Consumers for the United States. published each year bv the United States
2 Department of Labor. Bureau of Labor Statistics. For the purpose of this Section
3 the initial index to be referenced is January 2000. The Fire/EMS Protection Impact
4 Fee shall be adiusted bv the percentage change in the index.
5
6 C.
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13 D.
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20 PART B.
21
22 ble on unincorporated areas of St. Lucie
23 ' or parts thereof, in conflict with this
24 ce to the extent of such conflict.
25
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29 nce I r any reason held or declared to be unconstitutional,
30 'ng shall not affect the remaining portions of this ordinance.
31 on thereof shall be held to be inapplicable to any person,
32 ch holding shall not affect its applicability to any other person,
33
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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
The Clerk be and is hereby directed forthwith to s
the Bureau of Administrative Code and Laws
Tallahassee, Florida 32304.
PART F.
EFFECTIVE DATE.
This Ordinance shall take effect October
PART G.
ADOPTION.
After motion and second, the
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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 elettered to
accomplish such intention; provided, however, that parts B throug t be codified.
PASSED AND DULY ENACTED this 9th day of M
ATTEST:
DEPUTY CLERK
VED AS TO FORM AND
CORRECTNESS:
COUNTY ATTORNEY
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AGENDA REQUEST
ITEM NO. ~L.
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DATE: May 9, 2000
CONSENT
REGULAR
PUBLIC HEARING [ X ]
Leg. [X] Quasi-JD.
TO:
BOARD OF COUNTY COMMISSIONERS
PRESENTED BY:
SUBMITTED BY:
Community Development
SUBJECT:
Consider draft Ordinance No. 00-004 amending the Countywide Roads Impact Fee program.
BACKGROUND:
Draft Ordinance 00-004 proposes a series of amendments to the County's Countywide Roads Impact
Fee. These changes are found in the following Sections:
·
Section 1-17-25(c)
Short Title, Authority, And Applicability
This section has been amended to provide for additional findings of fact related to the
imposition and authority for imposing impact fees.
·
Section 1-17-29(a)
Computation of the Amount of Roads Impact Fee.
The Roads Impact Fee Tables have been amended to reflect updated costs to provide for
new road facilities as outlined in the Technical Memorandum on an update of Road,
School, Library, Public Buildings and Parks Impact Fees and a Proposal for a Fire &
Rescue [EMS] Impact Fee, prepared for St. Lucie County, dated April 27, 2000, prepared
by Dr. James Nicholas, PhD.
·
Section 1-17-29(b)
Computation of the Amount of Roads Impact Fee.
This amendment provides for an editorial correction to the Section citation found in
sub-paragraph (4).
·
Section 1-17-29(c)
Computation of the Amount of Roads Impact Fee.
This amendment provides for an editorial clarification to the basic Impact Fee Formula.
Section 1-17-31(d).
Use of Funds.
This Section provides for an amendment to the Administrative Fee that may be retained
by the local government for the administration of this ordinance. This fee is being
changed from 3% to 4%.
Section 1-17-33.1(a)
Credits.
This section has been amended to reflect a clarification in the description of who is
eligible for a Roads Impact Fee credit.
Section 1-17-39.
Review.
This Section provides for clarification on the automatic annual CPI adjustment review
process and clarifies when the Board is required to make a specific finding about the
status of the Countywide Roads Impact Fee program.
FUNDS AVAILABLE:
N/A
PREVIOUS ACTION:
This is the second of two public hearings on the proposed amendments to the Countywide Roads
Impact Fee Ordinance. The first public hearing on this Ordinance was held on Thursday, April
20, 2000.
ON ACTION:
APPROVED [
OTHER:
DENIED
RECOMMENDATION:
Approve Ordinance No. 00-004.
County Attorney:
/1
(!\V
pJ~~
Coordination/Siqnatures
Mgt & Budget:
Purchasing:
Originating Dept:
Other:
Other:
Finance (copies only) :
(AGEND503)
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County commission Review: May 9, 2000
DEPARTMENT OF COMMUNITY DEVELOPMENT
Administration
MEMORANDUM
TO:
County Commission
FROM:
Julia Shewchuk, Community Development Director
DATE:
May 5, 2000
SUBJECT:
Draft Ordinance No. 00-004 - Roads Impact Fees
Attached is a copy of Draft Ordinance No. 00-004 which would propose a series of amendments to the
County's Countywide Roads Impact Fee. These changes are found in the following Sections:
·
Section 1-17-25(c)
Short Title, Authority, And Applicability
This section has been amended to provide for additional findings of fact related to the imposition and
authority for imposing impact fees.
·
Section 1-17-29(a)
Computation of the Amount of Roads Impact Fee.
The Roads Impact Fee Tables have been amended to reflect updated costs to provide for new road
facilities as outlined in the Technical Memorandum on an Update of Road, School, Library, Public
Buildings and Parks Impact Fees and a Proposal for a Fire & Rescue [EMS] Impact Fee, prepared
for St. Lucie County, dated April 27, 2000, prepared by Dr. James Nicholas, PhD.
·
Section 1-17-29(b)
Computation of the Amount of Roads Impact Fee.
This amendment provides for an editorial correction to the Section citation found in sub-paragraph
(4).
·
Section 1-17-29(c)
Computation of the Amount of Roads Impact Fee.
This amendment provides for an editorial clarification to the basic Impact Fee Formula.
·
Section 1-17-31(d).
Use of Funds.
This Section provides for an amendment to the Administrative Fee that may be retained by the local
government for the administration of this ordinance. This fee is being changed from 3% to 4%.
Section 1-17-33.1(a)
Credits.
This section has been amended to reflect a clarification in the description of who is eligible for a
Roads Impact Fee credit.
.
Section 1-17-39.
Review.
This Section provides for clarification on the automatic annual CPI adjustment review process and
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May 5, 2000
Page 2
Subject: Roads Impact Fees
clarifies when the Board is required to make a specific finding about the status of the Countywide
Roads Impact Fee program.
If ultimately approved by the Board, the amendments to Section 1-17-25(c), Short Title, Authority, And
Applicability; Section 1-17-29(B)(4), Computation of the Amount of Roads Impact Fee, Section 1-17-30,
Payment of Fee; Section 1-17-31, Use of Funds and Road Benefit Zones; Section 1-17-33.1, Credits and
Section 1-17-39, Review, shall become effective upon the filing with the Department of State. This is expected
to be approximately two weeks after final approval actions.
The amendments to Section 1-17 -29(A), Computation of the Amount of Roads Impact Fee and Section 1-17-
31 (d), Use of Funds, would not become effective until October 1, 2000. Staff recommends that the Board
consider a two year phase-in schedule for any Road Impact Fee scheduled to be increased $100 or more
dollars. Those fees increasing by less than $100 would be implemented in full on October 1, 2000. Those
fees increasing by more than $100 would be incrementally increased beginning October 1, 2000. The first
% of these fees would be assessed on October 1, 2000. The second % of the fee, along with the annual CPI
adjustment, would be phased in on October 1, 2001
As previously discussed with the Board, the Road Impact Fees effecting the Retail and Industrial Land Use
categories have been uniformly discounted 25% and 70%, respectively, from the calculated impact fee. This
reduction is for the purpose of expanding the County's economic development opportunities. As
the Board is aware from our prior discussions, the Board must officially recognize that in the event
that there is any shortfall in the impact fee collections as result of these economic development
discounts, that shortfall must be financed through any other means available to the Board.
This is the second of two public hearings on the proposed amendments to the Countywide Roads Impact Fee
Ordinance. The first public hearing on this Ordinance was held on Thursday, April 20, 2000.
Staff recommends approval of Draft Ordinance No. 00-004.
~
},,/'\,
/ I
/
SUBMITTED:
ia Shewchuk, AICP
ommunity Development Director
//
,,/
JS
attachment
ROADMEM0509a(IMPACT2000)
cc: County Administrator
County Allomey
Management & Budget Director
Public Works Director
James Nicholas
Julian Juergensmeyer
1 ORDINANCE NO. 00-004
2
3 AN ORDINANCE AMENDING ARTICLE III (ROAD IMPACT FEE) OF
4 CHAPTER 1..11 (ROADS AND BRIDGES), OF THE ST. LUCIE C TY
5 CODE AND COMPILED LAWS, BY AMENDING SEC 1..1 (c),
6 SHORT TITLE, AUTHORITY, AND APPLICABILITY, FOR
7 ADDITIONAL FINDS OF FACT; BY AME S ..29(A).
8 COMPUTATION OF THE AMOUNT OF S TO
9 ACCOUNT FOR CHANGES TO
10 ASSESSMENTS FOR CERTAIN LAND
11 AMENDING SECTION 1..11..29(B){4), THE
12 FOUND IN THIS PARAGRAPH; BY A TION 1..11 )
13 CHANGING THE REFERENCES US ORT A TION
14 REVENUES OFFSET FORMULAS; BY 1..11..30 TO
15 PROVIDE FOR MINOR CLERICAL MENDING
16 SECTION 1..17..31, USE OF FUN "OTHER"
17 IN SUBPARAGRAPH (B) R A 4%
18 ADMINISTRATIVE FEE; BY A 3.1, CREDITS,
19 TO PROVIDE FOR CLARIFI TO FILE FOR
20 A ROAD IMPACT FEE SECTION 1..11-39,
21 REVIEW, TO PROVID L ADJUSTMENTS TO
22 THE ROADS IMPA IDE FOR COUNTY
23 COMMISSIONE E SCHEDULE EVERY
24 FIV F TE OF THIS ORDINANCE.
25 OVISIONS; PROVIDING FOR
26 FOR APPLICABILITY; PROVIDING FOR
27 NT OF STATE; PROVIDING FOR AN
28 FOR ADOPTION AND PROVIDING FOR
29
30
31
32 unty Commissioners of St. Lucie County, Florida, has made
33 ons:
34
35 12, 1985, the Board of County Commissioners of St. Lucie County,
36 pted Ordinance 85-10, imposing a road impactfee in St. Lucie County.
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is for addition
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Ordinance #00-004c
Road Impact Fee - Draft #3
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2.
On November 13,1989, the Board of County Commissioners of St. Lucie County,
Florida, adopted Ordinance 89-66, amending the road impact fee schedule to reflect
revisions to the cost of road construction and right-of-way acquisition.
3.
On February 16, 1993, the Board
Florida, adopted Ordinance
Regulations, but not altering the
4.
On June 27, 1995, the Board of County Com
adopted Ordinance 95-012, amending th
including the impact fee assessment table
revisions not become effective until Octo
5.
On June 27,1995, the Board ofCountyQq
adopted Ordil'1l:mce 95-038, amending
approved under Ordinance95-012,þy
I mpact Fee rate~ so as to provide fQ
rates beginning January 1, 1996
Lucie County, Florida,
ct Fee Regulations
te of the new Road
eriod for these new
nuary 1, 1998.
6.
oners of St. Lucie County,
County's Roads Impact Fee
, to account for the scheduled
gasoline tax (January 1998), the
oca agreement to each of the local
a portion of those funds being retained
7.
998, of County Commissioners of St. Lucie County,
'na 21, amending the County's Roads Impact Fee
he description ofthe allowable use of Road Impact Fee as
ofthe St. Lucie County Code and Compiled Laws and the
e schedule of Road Impact Fees described in Section 1-17-
000, St. Lucie County began collecting an additional 3 cents of local
ne tax, the proceeds of which are distributed by interlocal agreement
f the local municipalities in the County in addition to a portion of those
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ordinance #00-004C
Road Impact Fee - Draft #3
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funds being retained by the County,whlchneqessitªted.a recomputation of the
amount of roads impactfeebeìngass~ss.edjnacce>rd with the provisions of Article
III, Chapter 1-17 of the St. Lucie County Code and Compiled Laws
9.
On February 17, 200Q, the Local Plannin~Ag~ncyISt.Lucìe County
Zoning CommissiQn held a. public hearin~i<Qn thep
publishing two notices in The Port St. Lucie Nevvs ndTh
days prior to the heªring. anddet~rrnined
consistent with the St. Lucie CountyComP
10.
On AprH20, 2000, thisBe>ardhelditsfir§tp
after publishing a notice of sLlch hearingirrT
on April 10, 2000.
11.
On May 9, 2000, this Board
ordinance, after publishing
Lucie News on April 28, 2000.
gn the proposed
eand the Port St.
12.
The Board of County Comm.i
Memorandum on an Update
Impact Fees and a Prop
St. Lucie County, date
ªccepted a Technical
ubUcBuildings and Parks
Impact Fee, prepared for
Dr. James Nicholas, PhD.
13.
ImpactFees are consistent with the
stªndards of the St. Lucie County
in e. interestQfthe health, safety, and public
cie County, Florida.
RDINED by the Board of County Commissioners of St.
III, CHAPTER 1-17-25 THROUGH 1-11-39, OF THE ST. LUCIE
CODE AND COMPILED LAW IS AMENDED TO READ AS
OW5:
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Ordinance #00-004c
Road Impact Fee Draft #3
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ARTICLE III.
ROAD IMPACT FEE
Section 1-17-25.
Short Title, Authority and Applicabil'
(a) This article shall be known and may
(b) The board of county commissioners of St. L
this article pursuant to Article VIII of the
Chapter 125 and Section 163.3201 of the F
(c) Chapters 125, 334,335,336 and Section
counties have the exclusive responsi
county roads. St. Lucie
Count roads that ade uatel
residents ofthe cities. Develo
of the Cou nty.
(d) The Fifth District Court of A
of Volusia, 535 So. 2
Casselberry, 541 So.
ordinances that we
to count
Ormond Beach v. County
Seminole County v. City of
has determined that municipal
opt out of a county road impact fee
(e)
even in the absence of
to implement and be consistent with the Goals, Objectives
eSt. Lucie County Comprehensive Plan.
this chapter is to regulate the use and development of land so as
at new development bears a proportionate share of the cost of capital
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ordinance #00~004C
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expenditures necessary to provide
the St. Lucie County Comprehensive
Lucie County as contemplated by
(c) The Florida Legislature through the enactment of Section 163.3202, Local
Government Comprehensive Planning and Land Development Reg
Section 380.06(16) ofthe Environmental Land and Wate
Statutes Chapters 163 and 380, respectively, s
governments to enact impact fees as a part Ian
program.
Section 1-17-27.
Rules of Constructio
(a) The provisions>ofthisarticleshallba Iiber<aUy
its purpose in the interest of the pUblic
(b) Forthe purposes ofadministrationª
stated in this article, the followi
article:
, unless otherwise
apply to the text of this
1
In case of any diff
article and any
text shall contr
lication between the text of this
ary table, or illustrative table, the
discretionary; the word "may"
words used in
the singular,
"designed for," "maintained
"person" includes an individual, a corporation, a partnership, an
rated association, or any other similar entity.
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6
Unless the context clearly indicates the contrary, where a regulation involves
two (2) or more items, conditions, provisions, or events connected by the
conjunction "and," "or" or "either...or," the conjunction shall be interpreted as
follows:
a. "And" indicates that all the connected terms,
events shall apply.
b. "Or" indicates
events may apply
c.
7
The word "includes"
intended to extend its
kind or character.
ific example but is
urnstänces of like
8
A road right-of-way
considered within an
9
"County ad mini
designee.
admInIstrator and/or his or her
useterminology
St. Lucie Cou nty
land by
and which
for recreational
roads impact fee in
this article shall be
the St. Lucie County
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Ordinance #00-004c
Road Impact Fee - Draft #3
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Land Development Code
(b) No building permit orelectrical permitfQrarecreatiAnarvehicle park or mobile home
park for any activity requiring paymentof~nif11pactfeepursuantto section 1-17-29
of this article shall be issued unless and until the roads impact fee y required
has been paid.
Section 1-17-29.
Computation oftheiA
(a) At theoption.of thefeepç¡yer, the
following fee schedule.
discount.
$1 186
$619
$694
$1726
$1 319
$838
$1328
4986
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Ordinance #00-004c
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OTIIER OFFICE "'69,999
RETAIL TRADE
UNDER ~ 100 000 FT'
69,999 4Bg,999 100 000 - 399 999 FT'
699,999 ege,g99 400 00 Qr more FT'
I 1,e99 999 FT"
GASOLINE SERVICES
SERVICE STATION
$6,263
INDUSTRIAL
WAREHOUSE
$725
TRUCK TERMINALS
$1 464
$385
807
$1006
$996
$3311
$762
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Ordinance #00-004c
Road Impact Fee Draft #3
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GOLF COURSE
4
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Ordinance #00-004c
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RESIDENTIAL
SINGLE FAMILY
MOBILE HOMJ:;/RV(MHPJRV Park Only)
MULTI-FAMILY 1&
MULTI-FAMILY 3+ Firs
HOTEUMOTEL
&
$1,450
OTHER RESIDENTIAL
OFFICE & FINANCIAL
MEDICAL OFFICE
$1,511
$1,965
FINNICIAL OFFICi
$439
$439
$1,328
$783
$1,092
$944
$2,274
79
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lå
TRUCK TERMINAL
GENERAL INDUSTRIAL
INSTITUTIONAL
SCHOOL - ELEM,
SCHOOL· MIDDLE/HIGH
DAY CARE CENTERS
FRATERNAL ORGANIZATIONS
$1,425
$328
$603
$121 $133
$971 $971
HOSPITAL
NURSING HOME
LIBRARY
RECREATIONAL
RK (CITY/COUNTY/STATE)
~ $67 $82
~ $101 $112
$+,ê3ê $181 $181
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RESIDENTIAL
SINGLE FAMILY
MOBILE HOME/RV (MHP/RV Park Only)
MUL TI·FAMIL Y 1 8. 2 Firs
MUL TI·FAMILY3+ Firs
HOTEUMOTEL
BED 8. BREAKFAST RESIDENCE
(DOES NOT INCLUDE THE PR.IMARYR~$ DENCE< SINGLE FAMILY UNIT FEE MUST
ALSO ßE-ASSE$SED FORTHE RESIDENTIAL PORTION OF USE,)
ALL OTHER RESIDENTIAL
OFFICE & FINANCIAL
FIÞlNICIAL OFFICE
OTHER OFFICE~
$672
$953
$213
$213
$488 $644
$411 $530
$346 $458
$2,206
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Ordinance #00-004c
Road Impact Fee - Draft #3
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TRUCK TERMINAL
GENERAL INDUSTRIAL
INSTITUTIONAL
SCHOOL - ELEM.
CHOOL· MIDDLE/HIGH
DAY CARE CENTERS
FRATERNAL ORGANIZATIONS
$692
$159
HOSPITAL
NURSING HOME
LIBRARY
RECREATIONAL
PARK (CITY/COUNTY/STATE)
$32
$40
$43
$54
$88
$88
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Ordinance #00-004c
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RESIDENTIAL
SINGLE FAMilY
MOBilE HOMEIRV (MHÞIRV Park Only)
MULTI-FAMilY 1 & 2
MULTI-FAMilY 3+ Firs
HOTEL/MOTEL
$1,036
THE
All
OFFICE & FINANCIAL
MEDICAL OFFICE
$1,322
$1,719
FIÞIANCIAL OFFiCe
$384
$384
$1,161
$821 $956
$685 $827
---------------------------------
Ordinance #00-004c
Road Impact Fee Draft #3
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WAREHOUSE
TRUCK TERMINAL
GENERAL INDUSTRIAL
INSTITUTIONAl.
SCHOOL - ELEM,
SCHOOL - MIDDLE/HIGH
CARE CENTERS
NURSING HOME $107 $117
LIBRARY $850 $850
RECREATIONAl.
$72 $72
$98 $98
$159 $159
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Ordinance #00-004c
Road Impact Fee - Draft #3
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If a building is requested .for mixeqlJses,th~nth~feeshaU be determined through
using the above schedule by apportioning the space committed to uses specified
on the schedule.
(b)
If the type of development activity for which a building permit is
specified on the above fee schedule, the county admin
applicable to the most nearly comparable type of and
fee schedule. The county administrator sh gu
comparable type by Florida Department of T ati
of Transportation Engineers (ITE) traffic
administrator determines that there is no co
fee schedule, then the county administrator
1. using traffic generation statisticsC,iont
Transportation Engineers "Trip(.jen
generation statistics suppUed
professional engineer, and
2.
using for average trip Ie
for the applicable Ian
office and financial, .
in calculating th
fall average trip lengths
Îsarticle(i.e., residential,
nstitutional, retail) that were used
d
3.
average per cent new trips for the
ential, office and financial, industrial,
, retail) that were used in calculating the above fee
forth in section 1-17-f2,9(c) hereof, and
shall determine the applicable land use type.
ange of use, redevelopment, or modification of an existing use
issuance of a building permit, electrical permit for recreational
r mobile home parks or zoning compliance certificate, the impact fee
upon the net increase in the impact fee forthe new use as compared
ious use. The county administrator shall be guided in this determination
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Ordinance #00-004C
Road Impact Fee - Draft #3
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by Florida. OepartmentofTransportation(FOQT)ªocf/orlnstitute of Transportation
Engineers (ITE) traffic generation statistiçs.
(c)
If the feepayer shall opt not to have the impact fee determined according to
paragraph (a) of this section, then the fee shall be determined he county
administrator based upon the traffic generation rates deter ndependent
Traffic Study (ITS), defined in section 1-17-35 this pared by the
feepayer and submitted to the county ad mini or h
The following formula shaH be usedbythª
determine the impact fee per unit:
Attributable travel:::: (Trip rate x Trip
New lane miles:::: Attributable travel/Lane
Construction cost:::: New lane miles x Cons
Right-of-way cost:::: New lane miles x R
Total cost:::: Construction cost + Ri
(a)
to the county administrator at any time prior
ermit or electrical permit for a recreational vehicle
road impact fee, the board of county commissioners may
a developer to construct, dedicate or acquire right-of-way for part
ent project shown in the St. Lucie County Comprehensive Plan
olitan Planning Organization Roads Impact Fee Eligibility Networks
e to the implementation thereof. Such construction must be in addition
d improvements required pursuant to other ordinances.
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In addition, the. construction,dedicªtionoracqt.lisitionpfright-of-way must only be
for purposes as set out in section 1-17-ª1.Thedeveloper shall submit a cost
estimate certified bya registered Florid~iprpfe$slonalengineerand acceptable to
the board of county commissioners ortheirqesignee, Who shall credit the cost of the
construction againstthe roadimpacìfeeqthervvisedue. The porti of the fee
represented by the road constructionshallbeqeemed pai nstruction
is completed. and accepted by. the co.unty nce or when
adequate security for the completion of thee rovided.
In the event the developer proposestp
provisions of Section 1-17-33.1 (6) shªILap
by the right-of-way dedicªtions oracqul$
dedicated or acquired property is offi.ciäH
appropriate governmental entity.
(c) If road impact fees are owed, no deVel
for the building or structure in que
administrator may authorize the
to collect the unpaid fees.
pemay be issued
unpaid, The cou nty
mitted bylaw or equity
Section 1-17-31.
(a)
I be used solely for the purpose of
nsportation facilities associated with
network of the county as identified in the County's
rehensive Plans of the City of Fort Pierce, City of
by the State of Florida. Road Impact Fees shall
operation purposes. Such improvements shall be
ecessary by the new development.
n paragraph (d) of this section, all funds shall be used
I improvements within the road benefit zone from which the
ted or for projects in other adjacent road benefit zones which are
to the road benefit zone from which the funds were collected.
expended in the order in which they are collected. For purposes of
, the road benefit zones shall be as depicted in Figure I.
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Road Impact Fee - Draft #3
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(c) Each January the county administrator shall present to the board of county
commissioners a proposed capital improvement program for roads, assigning funds,
including any accrued interest, from the several special revenue funds to specific
road improvement projects and related expenses. Moneys, including any accrued
interest, not assigned in any fiscal year shall be retained in the especial
revenue funds until the next fiscal year except as provided d provisions
of this article.
(d) The county collecting governmental entity sh
percent of all impact fee funds it collects to
enforcing this article.
Section 1-17-32.
Refund of fees paid.
(a) If a building permit or electrical permitfo
park expires, then the feepayer sh
as a condition for its issuance e
the fee to offset the costs of
rk or mobile home
the impact fee paid
tain six (6) per cent of
(b)
of the calendar quarter
impact fee was paid
with interest at the rate
(a)
wholly or in part from payment of the roads impact
pansion of an existing building where no additional units are
is not changed, and where no additional vehicular trips will
d over and above that produced by the existing use.
onstruction of accessory building or structures which will not produce
itional vehicular trips over and above that produced by the principal
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Ordinance #00-004c
Road Impact Fee - Draft #3
Page 19
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building or use of the land.
3. Thereplacement of a destroyed orpartiaUydestroyed building or structure
in existence on or after February 1, 1986,with a new building or structure (a)
of the same or a differentusElprovid~dthat no addition 'ps will be
produced over and abovethos(3pro(;iiucedþythe9ri the land or
(b) of the same or a different use.· produçin addit ut only for the
original trips generated.
4. In those cases where a buildin~iP$rrrf
vehicle park or mobile home park
where the permit has since (3xpire(;i
building construction was compl(3ted
5.
Any claim of exemption mustbem
for a building permit or el.ectrica
made shall be deemed wei
e time of application
Any claim not so
Section 1-17-33.1.
(a) Scope.
"mpact generating land development
e required road impact fee for any
Ication of land made by such person or
pted and received by St. Lucie County, the
orfederal agency for transportation facilities that
tion. Consistent with the standards ofthis section,
made for credit for any contribution, construction or
cie County as required by a development order issued by
ity of Fort Pierce, the City of Port St. Lucie, or Sf. Lucie
its local development regulations or section 380.06, Florida
dditional development condition imposed by the Florida Land and
ory Commission on a development of regional impact to the extent
on, payment, construction or dedication meets the same needs as the
act fee.
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Ordinance #00-004c
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(b) General standards.
Any person desiring a road impact fee credit, who proposes to make any
contribution, construction or dedication of a transportation facility along any roadway
that is identified in the County's Comprehensive Plan or in the St. ie County
Metropolitan Planning Organization Roads Impact Fee Eligi rk, shall first
obtain from the board of county commissione an the proposed
contribution, construction or dedication is con to a road impact
fee credit. Upon the determination by the at t ntributi
construction or dedication is eligible for a r pact
of the credit shall be determined upon the s
free credit and the entering into of a formal
Prior to the issuance of any credits against
made the contribution, construction or
enter into an impact fee credit agreeme
The following provisions are the g
as provided in this section and i
1.
Credits applied again
or dedications sha
imposed for pu
contribution$,construction
ácreditagainst other impact fees
2.
its may be assigned to successors
eives a recorded copy of the written
e assignor and the assignee.
amount due for the roads impact fee.
given for dedications and transportation improvements
cted before February 1, 1985. Any claim for credit for
constructed after February 1, 1985, but prior to
1, 1987, must be made no later than March 1, 1988, or those
II be deemed waived.
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Credits Ç:1gainst road impact fees otherWiseþªyableshall be allowed only under the
following conditions.
1 . Cou nty need.
The contribution, payment, construction
transportation capital need identified in th
in the St. Lucie County Metropolitan
Fee Eligibility Networks. No credit s
that do not meet a transportation
Comprehensive Plan or in the St.
Organization Roads Impact Fee Elig
2. Site~related transportation improv~
No credit shall be given for any
site~related right-of-way
satisfaction of the coun
documentation that the
provides for roadwa
proposed develo
improvements, i
improvements or
be shown to the
þr()priate technical
ri~ht~of-way dedication
exc~~~of the impacts of the
ahsportatibn and right~of~way
tö:
lanes and other site specific access
roperty defined in a final development
pact fee eligible roadway.
and attendant support systems including but not
to facilities, mitigation areas, etc, within, or
Iy adjacent to, the defined limits of the approved final
nt order.
elated improvements which <do not increase road capacity shall
e no credit.
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4.
Operational improvements.
Nonsite-related operational improvements shall receive credit to the extent
that they provide increased capacity.
5.
Capacity improvements.
Nonsite-related capacity improvements
they provide increased capacity.
6.
Right-of-way dedication.
Credit for the dedication of nonsite-rel
hundred twenty (120) per cent of th
county property appraiser plus the
county administrator, of any surv
by the feepayer to the co
dedication of right-of-wa
conveyed at no charg
satisfactory to the boa
-way shall be valued at one
ssessed value by the
determined by the
ormation provided
nty. Credit for the
e property has been
e county in a manner
e right-of-way dedication credit
ount of credit shall be determined
based on an Independent Property
1-17-36 of this article, prepared by an
e Appraisal Institute (MAl) and a state certified
Ie to the board of county commissioners, that is
t the option of the board, the board may request
ibed in section 1-17-37 of this article provided
e value established by the independent appraisal exceeds
ty (120) per cent of the assessed value by more than
per cent, the board shall request a review appraisal.
t the board determines to request a review appraisal and the
tion of the value is the same or greater than value determined by
endent appraiser, then the County shall bear the cost of the review
praisal. If the determination of the value by the review appraiser is less
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than the value determined by the independent appraiser, then the feepayer
shall pay for the cost of the review appraisal. Any independent or review
appraisal submitted pursuant to this subsection shall be subject to review of
methodology and technical accuracy at the discretion of the county
administrator.
In the event a property owner determ'
determines to accept, nonsite rei
nonexisting roads or expansion of ex
described in Section 1-17-33.1 (c)(1
application for final development
commissioners shall reserve the de
dedicated right-of-way until the pro
development order approval for the
dedicated right-of-way was pro .
determined at the time contracts
eligible roadway or at the
granted, whichever occ
include the conside
dedicated as a result
7.
nonsite related road improvements
engineering and construction costs
r or is designee. The county administrator or his
credit for roadway construction based upon these
gineering and construction cost estimates if the
is designee determines that such costs submitted
complete.
urchase or Condemnation.
t a developer is required as a condition of a final development
cquire off-site right-of-way along impact fee eligible roadways as
bed in Section 1-17-33.1(c)(1), the developer shall first obtain an
ependent Property Appraisal as described in section 1-17-36 and provide
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the county administrator witr. ai90Pyofthe appraisal. The county
administrator may obtain a reviewapprahscalasdescribed in Section 1-17-37.
Except as provided below, credits for right-of-way acquisition shall be based
on the Independent Property Appraisal, the Review A ai, or the
purchase price, if lower, as determined by the c rator. In the
event the developer is unable to acquire ri ht- praised value
or lower, the Board may:
a. grant additional credits above
the cost of acquisition is less
condemnation is not practical
b. authorize the condemnationio
c. deny the request for ad
9.
Time of claim; waiver.
Except as provided in
made no later th
electrical permit
made shall be d
yclªim for credit must be
fOLªblJilding permit or for an
åcational vehicle. Any claim not so
(a)
cingtraffidgenerating land development activity
(b)
eludes traffic engineering studies, transportation planning
uisition, engineering design and construction of any road
ct but does not include "periodic" or llroutine maintenance" as
n 334.03, Florida Statutes.
ion" of the capacity of a road includes any widening, intersection
ent, signalization or other capital improvement designed to increase the
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road's capacity.
(d) The "generation" of traffic shall include both the production and attraction of traffic.
Land development activity shall be deemed to generate additional traffic if the result
of the activity is a use of land which will generate more vehicular traffi an the pre-
existing use.
(e) "Level of service" is a indicator of the extent
public facility and related to the operatio
the purpose of this article roadway levels of
County Comprehensive Plan
(f) The term "Road" includes streets, sidewalks
to travel by the public including the road
sluices, ditches, water storage areas, wate
walls, bridges, tunnels and viaducts ne
(g) A "unit" for residential, hotel and
building and not the entire b
of occupancy within a
Section 1-17-35.
(a)
II project whether roads serving or to serve the proposed
low level of service 0 during any calendar month of any
twenty-year period beginning from the project start of the
nt.
mining the effects of a proposed project on the level of service, the
shall consider the following:
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a.
Traffic characteristics and levels of service of existing major
thoroughfares directly affected by the proposed project;
b.
Trip generation and origin~ctestil1ation projections for the proposed
project;
c.
I mpacts of the proposed project
including anticipated changes i
d.
Impacts of previously approv
thoroughfares as the propos
e.
Radius of development influe
f.
Effects of phasing of
relationships to any Ion
to the five-year t
metropolitan plann'
the Florida Depa
elopment including
of the county and
program of any
year work program of
g.
Effects of
project, in
median
as part of the proposed
turn lanes, signalization,
and traffic from
under the S1.
ach of the applicable Goals, Objectives and Polices
ounty Comprehensive Plan.
ethods of evaluation and standards shall be used in
e ITS, unless the county administrator finds that, because of
es unique to the proposed development and roadway system
e proposed development, other methods or standards provide a
accurate means to evaluate the status of the major thoroughfares
cted by the proposed project:
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Ordinance #00-004c
Road Impact Fee ùraft #3
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a.
Total traffic generated by the project shalI be computed using the
rates published in the latest edition of the Institute of Transportation
Engineers (ITE) "Trip Generation and Informational Report," unless
documentation is supplied justifying the use of different rates.
b.
Design Type
Two-Iane(two-way) . . . . . . . .
Four-Iane(undivided) .....
Four-Iane(divided) ...
Six-Iane(undivided) .
Six-Iane(divided) .
Eight-Iane( divide
Four-lane exp
Six-lane e
Eight-lane
13,900
24,400
32,900
40,200
50,000
65,100
68,700
102,200
. . . . . . .. 137,500
for travel during the first
ITS may be
to
contain
for all
Where
1985 Highway
analysis and
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Ordinance #00-004c
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the intersection analysis be provided if he has reason to believe that
at one or more affected intersections the sum of peak-hour critical
lane volumes is expected to exceed one thousand two hundred
(1,200) vehicles per hour.
e.
The ITS shall cover the radius of devel
proposed development, which shal
miles from the perimeter of the d
development influence shall
proposed project, not as a ge
f.
Background traffic shall be ta
1. The effect of previously
may eventually a
of development
addressed in
2. may be considered in
g.
through traffic and increases in traffic
development of lands suitable for
ment ut not yet planned should be estimated.
hould be developed for a twenty-year period for
vements and for total buildout of potential
ents.
current land use element of the St. Lucie County
mprehensive Plan in conjunction with the current zoning
designations should utilized to estimate the traffic impact from
potential developments affecting the radius of development
impact.
The ITS may take
road improvements not yet
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constructed only if all funds for such roads and road improvements
have already been specifically appropriated by the board of county
commissioners or the legislature of the State of Florida for the
particular road or road improvements.
i.
The ITS shall identify all roadway improve
projected traffic and the per cent ct of
increased traffic demand by link ch
included under paragraph h.
j.
The ITS shall also identify the
by projected traffic in the ITS.
k.
The ITS shall identifytheimpª
identified in paragraphOlb
determined in paragrap
ying the cost by link as
of impact traffic as
i.
in section 1-17-29(b).
I.
The ITS shall
professional
by a registered Florida
m.
this section shall be subject to
technical·· accuracy by the county
t Property Appraisal
(a)
t not to have the value of any right-of-way dedication
section 1-17-33.1(c)(6), the amount of credit shall be
rd of county commissioners based on an Independent
I (lPA), prepared by an individual who is both a member of the
e (MAl) and a state certified general appraiser acceptable to the
commissioners, that is paid for by the feepayer. An "independent
raisal" is an appraisal report containing the following:
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1.
Purpose of appraisal.
The purpose of the appr<ais<aIJNhiÞhincludesastatement of value to be
estimated and the rights or interest being appraised.
2.
Legal Description of property.
3.
Description of parent property.
Description ofthe parent
a. Names of apparent
b. Location of property.
c. Total area of property In
d. Area of each inter
feet.
e.
f.
features that may
best use of the property on which the appraisal is based
acquisition of rights and interests to be acquired and the highest
se of the remainder after the acquisition when a partial taking is
In either instance, if the existing use is not the premise on which
uation is based, the appraisal will contain an explanation justifying the
termination that the property is available and adaptable for a different
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highest and best use and there is demand for that use in the market.
5.
Before and after valuation.
The "before and after" methodofvalu~tionasiinterprE:}tedby
be used in partial donations or special benefits
improvements.
6.
Approaches to value.
The appraisal should include all a
approach is not considered applica
pertinent calculations used in deve
a.
In the market apprQ~ch, th
comparison of pertinent
appraised. The app
analysis and r
sales.
will contain a direct
property being
setting forth his
stment to comparable
b.
roach is used, there must be
come, expenses, interest rate,
or any other factors used in the
ed that the market rental income is
th or contract income, the increase or
be explained and supported by market information.
roach is utilized, the appraisal report must contain
of cost data, remaining economic life, and an
each type of accrued depreciation.
sal ofthe after value must be supported to the same extent as the
I of the before value. This support should include one or more of the
ing:
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a. Sales comparable to
b. Sales of comparable properties from which there have been similar
donations, or acquisitions for like usages.
c. Development of the
economic loss or
like usages.
d. Public sales of
agencies.
e.
8.
Difference between
The difference betwee
value of the property
property. The app
showing areas
isal will represent the
damages to the remainder
and tabulate the difference
provements, and damages.
9.
are used, the appraisal
derived by each
the final conclusion of
after appraisals.
Is should include identified photographs of the subject property
all principal above ground improvements or unusual features
the value of the property to be taken or damaged.
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Appraisal reports for wholel~~inøsivvi.ILcontaIn a sketch or plat of the
prop~rty showinø boundarydIrn€msIons, locatIon of improvements and other
significant features of the pr9P~irty..F9rpartialtakings, the sketch or plat will
also show the area to be acquir~d, relationofthe improvements to the taking
area and area of each remainder.
12.
Comparable sales.
Each appraisal report will contain or ma
which were used in arriving at the fai
a. The appraiser must state the
transaction, consideration pai
whom these were verified
improvements, appraiser's
date of sale, zoning and
evaluation thereof.
b.
If the appraiser is
from the usual
company
g and conditions of sale
lIer, broker, title or escrow
c.
ate should include identified
e ground improvements or unusual
f the comparable.
d the comparable sales which were relied upon in
et value estimate will be personally inspected in the
iser and all dates of inspection will be shown in the
ffective date to which the valuation applies.
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15. Limiting conditions.
Statement of appropriatecontingenfand.limiting conditions if any.
16. Certification and signature.
The certification, signature anddateo.fs·
Section 1-17-37.
Property ReviewA;pp
(a) At the option of the bo.ard, the bOÇ.m::L rn
Independent Property AppraisaL (lPAl,
established by the Independent Propørty
(120) per cent of the assessed value by
board shall. require a review appraisç¡1.
following procedures:
1.
The reviewing apprais
comparable sales c
asapprqpriate, th
remainder.
rty appraised and the
arriving at either or both,
the whole property and of the
2.
reports to determine that
rovisions of this section.
appraisal principles and techniques in the valuation
rty in accordance with existing state law.
make reference to the information necessary to explain,
antiate and thereby document the conclusions and estimates of
ue and/or just compensations identified therein.
I nclude consideration of compensable items, damages and benefits,
but do not include compensation for items, damages and benefits
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noncompensable under state law.
e. Contain an identification or listing of the buildings, structures and
other improvements on the land as well as the fixtures which the
appraiser considered to be a part of the real propert acquired.
f. Contain the estimated fair marke
acquisition, and where appro .
either in the report or in a sepa
of the estimate of the fair
and for damages to remaini
3.
Prior to finalizing his estimate of just
will request and obtain corrections 0
not substantially meet the requir
be documented and retained in
4.
The reviewing appraiser
of minor mathematical e
conclusion. He ma
factual data has
eportwith corrections
not affect the final value
Isalfile where the following
a.
book reference on
property in past five (5)
ning or presentusêöfsubject property or comparables.
ing appraiser will initial and date his corrections and/or factual
lements to an appraisal report.
eviewing appraiser will~l.!bmitªsignedand dated statement setting
h:
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a. His estimate of just compensation including, where appropriate, his
allocation of compensation for the real property acquired and for
damages to remaining real property, and an identification or listing of
the buildings, structures, and other improvements on the land as well
as the fixtures which he considered to be a part of th I property
to be acquired, if such allocation or listing that of the
appraisal( s).
b. That as a part of
the parcel
thereto.
c.
That he has not direct or in
personal interest in such pro
acquisition.
cont~rnplated future
netary benefit from its
d.
That his estimate
collaboration or
factual data.
ndently, without
appraisals and other
7.
I n the event that th
or greater than th
(lAP) the count
mines the value to be the same
Independent Property Appraisal
e review appraisal.
(a)
administrator in the course of administering the
be appealed to the board of county commissioners
peal within thirty (30) calendar days of the date of the
nty commissioners shall review the petition at a public meeting
calendar days from the date of appeal of said decision. The
be provided reasonable notice of the time, date, and place of the
ng by certified mail, return receipt requested, and invited to attend.
y at the public meeting shall be limited to ten (10) minutes per side, unless
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an extension of time isgr<imtedbytheþ()ªrd.Thebpard'sdecision shall be final for
the purpose of admini.strative appeals.
The board of county commissioners shall revoke the decision of the county
administrator only if there is competent, substantial evidence in the r rd that the
decision fails to comply with this Article.
Section 1-17-39.
Review.
(a)
The roads impact fee
administrator in April of each calendar
board, any adjustments to the roads impact
be based on the methodology described in
be effective the first Monday in October of
nty
the
shall
and shall
(b)
The base for computing the adjust
Consumers (base year 1995 =
States Department of Labor S
(the Beginning Index). If
Extension Date) has incr
year (until the next Fee
set forth in the s
Ext 'on Index
Index - All Urban
lished by the United
blished for January 1996
the Adjustment Date (the
Index, the fee for the following
by multiplying the appropriate fee
n, the numerator of which is the
ch is the Beginning Index.
(c)
se year differs, the Index shall be converted
factor published by the United States Department
cs. If the Index is discontinued or revised, such
putation with which it is replaced shall be used in
ally the same result as would be obtained if the Index had
revised.
mmissioners and shall review the Roads 1m act Fee at
ears from the effective date of Ordinance 00-004 October
***************************************
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Ordinance #00-004C
Road Impact Fee - Draft #3
Page 39
PRINT DATE: 05/05/00
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PART B.
CONFLICTING PROVISIONS.
Special acts of the FIOridªlegislatureªppUcableonlytouninGorpOré1ted areas of St. Lucie
County, County ordinances and County re§plutions, or Parts thereof, in c with this
ordinance are hereby superseded by this ordinance to the extent nflict.
PART C.
SEVERABILITY.
If any portion of this ordinance is for any [iaa§on)v
inoperative, orvoid, such holding shall not affectth
If this ordinance or any provision thereof shall be
property, or circumstance, such holding shall nota
property, or circumstance.
PART D.
APPLICABILITY OF OR
This ordinance shall be applicable
incorporated areas even in th
municipalities.
jurisdiction, including the
agreements with the affected
h\Nithtoiisend ª certified copy of this ordinance to
nd Lªws, Department of State, The Capitol,
nding Section 1-17 -25( c), Short Title, Authority, And Applicability;
Computation ofthe Amount of Roads Impact Fee, Section 1-17-30,
ection 1-17-31, Use of Funds and Road Benefit Zones; Section 1-17-
d Section 1-17-39, Review, shall become effective upon the filing with
---------------------------------
ordinance #00-004c
Road Impact Fee Draft #3
Page 40
PRINT DATE: 05/05/00
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the Department of State.
The Amendment to Section 1-17-31(d), Use ()fFundsandRoad Benefit Zones, shall
become effective on October 1,2000.
The Amend ment to $ection1-17 -29( a), Computation of the AmQl.I.
shall become effective on October 1, 2000 and October 001,
17 -29.
PART G.
ADOPTION.
After motion and second, the vote on this ordinanc
Chairman John D. Bruhn
Vice Chairman Frannie Hutchinson
Commissioner Paula Lewis
Commissioner Cliff Barn
xxx
ncorporated in the S1. Lucie County Code and
e" may be changed to "section", "article", or other
of this ordinance may be renumbered or relettered to
ed, however, that parts B through H shall not be codified.
NACTEDthis 9th daYQf May, 2000.
---------------------------------
for addition
is for deletion
Ordinance #00-004c
Road Impact Fee Draft #3
Page 41
PRINT DATE: 05/05/00
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~~
ATTEST:
BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY, FLORIDA
BY:
DEPUTY CLERK
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Ordinance #OO-004c
Road Impact Fee - Draft #3
PRINT DATE:
'-'
AGENDA REQUEST
...."
ITEM NO.
;¿p
DATE: May 9, 2000
CONSENT
REGULAR
PUBLIC HEARING [ X ]
Leg. [X] Quasi-JD.
TO:
BOARD OF COUNTY COMMISSIONERS
PRESENTED BY:
SUBMITTED BY:
Community Development
SUBJECT:
Consider draft Ordinance No. 00-005 amending the Countywide Parks Impact Fee program.
BACKGROUND:
Draft Ordinance No. 00-005 proposes a series of amendments to the County's Countywide Parks
Impact Fee. These changes are found in the following Sections:
·
Section 1-15-31
Short Title, Authority, and Applicability.
This section has been amended to provide for additional findings of fact related to
the imposition and authority for imposing impact fees.
·
Section 1-15-35
Computation of the Amount of Parks Impact Fee.
The Parks Impact Fee has been amended to reflect updated costs to provide for parks
facilities as outlined in the Technical Memorandum on an Update of Road, School,
Library, Public Buildings and Parks Impact Fees and a Proposal for a Fire & Rescue
[EMS] Impact Fee, prepared for St. Lucie County, dated April 27, 2000, prepared by
Dr. James Nicholas, PhD.
·
Section 1-15-37(A)
Payment of Fee.
This section has been amended to reflect a clarification in the description of how
the Parks Impact Fee may be paid. The fee must still be paid at the time of building
permit issuance, but this amendment allows the use checks, credits cards or other
suitable exchange materials in addition to cash.
·
Section 1-15-38(A)
Credits.
This section has been amended to reflect a clarification in the description of who
is eligible for a Parks Impact Fee credit.
·
Section 1-15-43(A).
Use of Funds.
This Section provides for an amendment to the Administrative Fee that may be retained
by the local government for the administration of this ordinance. This fee is being
changed from 3% to 4%.
FUNDS AVAILABLE:
N/A
PREVIOUS ACTION:
This is the second of two public hearings on the proposed amendments to the Countywide Parks
Impact Fee Ordinance. The first public hearing on this Ordinance was held on Thursday, April
20, 2000.
RECOMMENDATION:
Approve Ordinance No. 00-005.
COM~~ ACTION:
[v1 APPROVED [
[ ] OTHER:
DENIED
County Attorney:
tv~/
Coordination/Siqnatures
Mgt & Budget:
Purchasing:
originating Dept:
Other:
Other:
Finance (copies only) :
(AGEND501)
'-"
...."
County Commission Review: May 9, 2000
DEPARTMENT OF COMMUNITY DEVELOPMENT
Administration
MEMORANDUM
TO:
County Commission
FROM:
Julia Shewchuk, Community Development Director
DATE:
May 5, 2000
SUBJECT:
Draft Ordinance No. 00-005 - Parks Impact Fee Ordinance
Attached is a copy of Draft Ordinance No. 00-005 which would propose a series of amendments
to the County's Countywide Parks Impact Fee. These changes are found in the following Sections:
·
Section 1-15-31
Short Title, Authority, and Applicability.
This section has been amended to provide for addition findings of fact related to the
imposition and authority for imposing impact fees.
·
Section 1-15-35
Computation of the Amount of Parks Impact Fee.
The Parks Impact Fee has been amended to reflect updated costs to provide for park
facilities as outlined in the Technical Memorandum on an Update of Road, School, Library,
Public Buildings and Parks Impact Fees and a Proposal for a Fire & Rescue [EMS] Impact
Fee, prepared for St. Lucie County, dated April 27, 2000, prepared by Dr. James Nicholas,
PhD.
·
Section 1-15-37(A)
Payment of Fee.
This section has been amended to reflect a clarification in the description of how the Parks
Impact Fee may be paid. The fee must still be paid at the time of building permit issuance,
but this amendment allows the use of checks, credits cards or other suitable exchange
materials in addition to cash.
·
Section 1-15-38(A)
Credits.
This section has been amended to reflect a clarification in the description of who is eligible
for a Parks Impact Fee credit.
·
Section 1-15-43(A)
Use of Funds.
This Section provides for an amendment to the Administrative Fee that may be retained by
the local government for the administration of this ordinance. This fee is being changed
from 3% to 4%.
'-'
'-II
May 5, 2000
Page 2
Subject: Parks Impact Fees
If ultimately approved by the Board, the amendments to Section 1-15-31, Short Title, Authority, and
Applicability; Section 1-15-37(A), Payment of Fees and Section 1-15-38(A), Credits, shall become
effective upon the filing with the Department of State. This is expected to be approximately two
weeks after final approval actions.
The amendments to Section 1-15-35, Fee Schedule, would not become effective until October 1 ,
2000. Since the average change in this fee schedule is less than $100, no phasing schedule is
recommended. If approved, these fee adjustments would take effect, in total, on October 1,2000.
This is the second of two public hearings on the proposed amendments to the Countywide Library
Impact Fee Ordinance. The first public hearing on this Ordinance was held on Thursday, April 20,
2000.
Staff recommends approval of Draft Ordinance No. 00-004.
~~
ia Shewchuk, AICP
ommunity Development Director
CONCURRENCE:
\
'" 1 /.~
iA/4!liJt</
"/' i- i 'I. "-
Daniel Mcintyre>,
County Attorney/"
'-
SUBMITTED:
JS
attachment
PARKMEM0509a(IMPACT2000)
cc: County Administrator
County Attorney
Management & Budget Director
Leisure Services Director
James Nichotas
Julian Juergensmeyer
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ORDINANCE NO. 00-005
AN ORDINANCE AMENDING, ARTICLE III OF CHAPTER 1-15, PARKS
IMPACT FEE, OF THE ST. LUCIE COUNTY CODE AND CO ED
LAWS BY AMENDING SECTION 1-15-31, SHORT TITL U TY,
AND APPLICABILITY, TO PROVIDE FOR ADDITIONAL CT;
BY AMENDING SECTION 1-15-36, C UNT
OF PARKS IMPACT FEE TO PROVIDE F THE
CURRENT IMPACT FEES BEING ASS T
RECENT CPI ADJUSTMENT; BY
PAYMENT OF FEE AND 1-15-38, CR
EDITORIAL CHANGES FOR CL
AMENDING SECTION 1-1543, USE 0
ADMINISTRATIVE FEE; PROVIDING
PROVIDING FOR SEVERABILITY; P
PROVIDING FOR FILING WITH
PROVIDING FOR AN EFFECTI
AND PROVIDING FOR COD I
WHEREAS, the Board of Cou
the following determinations:
.iLucie County, Florida, has made
1.
ofSt. Lucie County,
Fee in St. Lucie
2.
00, I Planning Agency/St. Lucie County Planning and
he public hearing on the proposed ordinance after
The Port St. Lucie News and The Tribune at least ten (10)
'ng and determined that the proposed ordinance was
t. Lucie County Comprehensive Plan,
0, this Board held its first public hearing on the proposed ordinance,
g a notice of such hearing in The Tribune and the Port St. Lucie News
,2000.
------------------
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for
is for
Ordinance #OO-005c
Parks Impact Fee - Draft #3
Page 1
PRINT DATE: 05/05/00
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4. On May 9, 2000, this.Board held .jts~ecºnçjipubli.Çi hearing on the proposed
ordinance, after publishing a notice ofsuch<hearingin The Tribune and the Port St.
Lucie News on April 28, 2000.
5. The Board of County Commissioners has reviewed and accept
Memorandum on an Update of Road, School, Library, P
I mpact Fees and a Proposal for a Fire & Rescu [EMS]
St. Lucie County, dated April 27, 2000, pre y
6. The proposed amendments to Article I,
consistent with the general purpose, goa
Lucie County Comprehensive Plan and is
and public welfare of the citizens of St. Lu
NOW, THEREFORE, be it ordained by the
County:
ioners of St. Lucie
Part A.
ARTICLE III "PARKS
OF ORDINANCES
FOLLOWS:
fi{1..15QF THE CODE
ORIDA, IS AMENDED AS
11e, Authority, and Applicability.
A.
n and maybe cited as the "Parks Impact Fee
B.
mmissioners of St. Lucie County has the authority to adopt
to Article VIII of the Constitution of the State of Florida and
nd Sections 163.3201 and 163.3202(3) Florida Statutes.
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Ordinance #OO-oosc
Parks Impact Fee - Draft #3
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D.
&-E. This article
interlocal
Section 1-15-32.
A. This
and
Objectives
B. The purpose of this chapter is t
to assure that new develop
expenditures necessary
St. Lucie County Compr
elopment of land so as
are of the cost of capital
ty as contemplated by the
C.
carry
unless
apply to
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Ordinance #QQ-OQ5c
Parks Impact Fee Draft #3
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the text of this ordinance:
1 In caseaf any difference of meaninØorjmplic~tionbetween the text of this
article and anycßption, illustration, summary table, or illustrative table, the
text shall control.
2 The word "shall" is
is permissive.
3 Words used in the present tense sh
the singular number shall include
unless the context clearly indicates
4 The phrase "usedfor" includes "ßfr
for," or "occupied for."
5 The word "person" inclu(jes
incorporatedässociatíon,
6
Unless the context cl
two (2) or mor
conjunction "an
follows:
,where a regulation involves
,.or.events connected by the
conjunction shall be interpreted as
conditions, provisions or
t the connected items, conditions, provisions or
Iy singly or in any combination.
indicates that the connected items, conditions, provisions
shall apply singly but not in combination.
"includes" shall not limit a term to the specific example but is
to extend its meaning to all other instances or circumstances of like
or character.
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is
Ordinance #OO-OOSc
Parks Impact Fee Draft #3
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8 Unless the context clearly indicates to the contrary, the terms "community
parks" and "regional parks" shall have the same meaning as those terms are
given in the S1. Lucie County Comprehensive Plan.
9 "County Administrator" means the County Administrator or
may designate to carry out the administration of t
10 Unlessthecontext
in this article shall
Land Development Code.
Section 1-15-34.
Definitions.
A.
A "beach access area" is an area develop
recreation areas. Beach access are
into the Atlantic Ocean; the India
of the S1. Lucie River and its
access to waterfront
edto,all accesses
ries;the North Fork
B.
A "capital... improvement"
improvements, buildings
~,.Iand acquisition, site
deSmaintenance and operation.
C.
evelopment activity by applying for
permit for a mobile home park or
development activity specified in Section
D.
which is not owned by or
E.
rea" is an area providing facilities designed for outdoor
. . ies, with a service area of sixty (60) miles or more and
f at least one hundred (100) acres. Activities may include, but are
oating, fishing, or camping; bicycle, hiking, or horse trail systems;
andry centers; or sport and athletic facilities.
lal recreation area" is an areàde~igned for a single purpose or specific
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is
Ordinance #OO-OOSc
Parks Impact Fee Draft #3
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recreational and leisure activities that may include, but are not limited to: golf
courses, conservatories, zoos, gun or archery ranges, outdoor theaters, historic
sites, marinas, botanical gardens, athletic complexes, or watersport facilities.
Section 1-15-35.
Imposition of Parks Impact Fee.
A. Any person who, after the effective date of this
applying for the issuance of a building pe
types specified in Section 1-15-36 of this
mobile home park or recreational vehicle
impact fee in the manner and amount set
article shall be deemed to eliminate the req
Lucie County Land Development Code.
B.
No building permit for any residential I
this ordinance nor electrical pe
park shall be issued unless and
paid as provided in Section 1
1-15-36 of
vehicle
has been
Section 1-15-36.
A.
determined by the
f!6&
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is
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Parks Impact Fee - Draft #3
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$2(;0
~
a building permit or electrical
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Ordinance #OO-QOSc
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permit for a mobile home park or recreational vehicle park which is being 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
mobile home park or recreational vehicle park , at
to the County Administrator indicating that t se
are not appropriate for his particular devel . B
competent evidence, the County
appropriate for the particular developm
against the fee otherwise payable of u
provided to the development by feepayer
purposes and functions as set forth for
County Comprehensive Plan.
t
edit
acilities
the same
St. Lucie
Section 1-15..37.
Payment
A.
The feepayer shall pay the f
to the issuance of a b
park or mobile home
ministrator at any time prior
permit for a recreational vehicle
B.
property
-15-43. The
professional
of cou nty
shall credit
impact fee
or
is
for
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Ordinance #OO-OOSc
Parks Impact Fee - Draft #3
Page 8
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maintenance or when adequate securityforthecömpletion of the construction has
been provided.
In the event the developer proposes to dedicate or acquire unimproved property,
the provisions of Section 1-15-38(E)(3) shall apply. The po of the fee
represented by the property dedications or acquisitions sh d paid only
when the dedicated or acquired property is 0 acce county or other
appropriate governmental entity.
If parks impact fees are owed, no develop
for the building or structure in question
administrator may authorize the initiation of
to collect the unpaid fees.
Section 1-15..38.
Credits.
A. Scope.
Any person who shall com
activity may apply for
contribution, constr
re
a
the
that are
section, an
by St. Lucie
Village
Statutes,
and Water
extent the
needs as the
desiring a parks
proposes to make any
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Ordinance #OO-OOSc
Parks Impact Fee - Draft #3
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contribution, construction or dedication of a parks facility that is consistent with the
County's Comprehensive Plan or the adopted comprehensive plan of Ft. Pierce,
Port St. Lucie or St. Lucie Village, shall first obtain from the board of county
commissioners an approval that the proposed contribution, construction or
dedication is considered to be eligible for a parks impact fee Upon the
determination by the board that the proposed con struction or
dedication is eligible for a parks impact fee e fin e credit shall
be determined upon the submission of a re p credit and the
entering into of a formal parks impact fee c re
C.
Relationship of Parks ImpactFeetoDeve.1
Pursuant to Section380.06(16},FloriÔ~~ta
park capital improvements reQlJire9/PlJ
Development Order, except those deerp~
Parks Impact Fee.
D.
General standards for issuing
pact fee, the person who
dedication of recreation facilities
ment with the Board of County
the general rules for the award of
ction:
payments, construction or dedications of the parks
sferrable as a credit against other impact fees
er than parks.
Credit Agreement, credits may be assigned to successors
the County receives a copy of the written agreement
the assignor and the assignee that has been recorded in the
ords of St. Lucie County, Florida.
it shall exceed the amount duefodheparks impact fee.
o credit shall be given for dedic;liltions and park improvements dedicated or
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is for addition
is for deletion
Ordinance #OO-OOSc
Parks Impact Fee Draft #3
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constructed before January 1, 1996.
Specific st:andards.
Credits ag:ainstparksimpactfees otherwise payable shallbeallQwe.
following conditions.
1. County need.
The contribution, payment, constru
capital need identified in the Count
comprehensive plan of Ft. Pierce,
credit shall be given for capital i
capital need identified in County's
comprehensive plan of Ft. Pierce,
pted
e. No
a parks
adopted
Village.
2. Site-related parks improve
or site-
of the
that the
for parks
Site-
in a final
area,
in this
he dedication of nonsite-related park property shall be valued at
red twenty (120) per cent of the most recent assessed value by the
property appraiser plus the reasonable cost, as determined by the
ty administrator, of any survey, closing costs or title information provided
the feepayer to the county at the request of the county. Credit for the
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dedication of park property shall be provided when the property has been
conveyed at no charge to, and accepted by, St. Lucie County, Ft. Pierce,
Port St. Lucie or St. Lucie Village, in a manner satisfactory to the board of
county commissioners or the appropriate local municipality.
If the feepayer shall opt not to have the property dedi
as set out above, then the amount of all
of county commissioners based on a
described in section 1-15-39 of this
member of the Appraisal Institute
appraiser acceptable to the board
by the feepayer. At the option of th
appraisal, as described in section
event the value established by
hundred twenty (120) per cent of
five (25) per cent, the board sh
view appraisal and the
rrvaluedetermined by
bear the cost of the review
yth~review appraiser is less
tappraÏ1ser, then the feepayer
i$~I....Anyind~pendent or review
ctions9ªlIbesubject to review of
at the discretion of the county
owner determines to donate, and the county
ac nsite related property for any planned nonexisting
. n of existing impact fee eligible parks as described in this
nty in advance of any application for final development
I, the board of county commissioners shall reserve the
tion of value of the credit for the dedicated property until the
wner, or his assigns, seeks a final development order approval for
inder of the property from which the dedicated property was
ed. All property dedication credits shall be determined at the time
ntracts are let for the construction/expansion of the eligible park or at the
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Ordinance #00-005c
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time a Final Development Order approval is granted, whichever occurs first.
No property dedication credit request may include the consideration of any
enhancement to the value of property being dedicated as a result of the new
or expanded park construction. No property dedication credit request may
include the consideration of any enhancement to the value e property
being dedicated as result of the overall project de
4.
Application procedure.
Applicants for credit for construction
shall submit documentation of the
to the county administrator or his de
designee shall determine credit for
costs or upon alternative enginee .
county administrator or his des
are excessive or incomplete.
5.
Acquisition by purchase
ition of a final development
to any impact fee eligible park
developer shall first obtain an
d in section 1-15-39 and provide
of the appraisal. The county
appraisal as described in Section 1-15-40.
ow, credits for park property acquisition shall be
t Property Appraisal, the Review Appraisal, or the
, as determined by the county administrator. In the
r is unable to acquire the park property for appraised
Board may:
nt additional credits above the appraised value if it determines that
cost of acquisition is less than the cost of condemnation or that
ondemnation is not practical or desired; or,
authorize the condemnation of the parcels; or,
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Ordinance #OO-OOSc
Parks Impact Fee - Draft #3
Page 13
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c. deny the request for additional credits.
F. Time of Claim: Waiver.
Any claim for credit must be made no later than the time of applicatio
permit or an electrical permit. Any claim not so made sh
Section 1-15-39.
Independent Property
A. If the feepayer shall opt not to have the valu
as set out in section 1-15-38(E)(3), the am
board of county commissioners based on a
prepared by an individual who is both a me
a state certified general appraiser
that is paid for by the feepayer. An It
report containing the following:
1 . Purpose of appraisal.
The purpose of
estimated and
of value to be
Area of each
feet.
acres or square
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Ordinance #00-005c
Parks Impact Fee - Draft #3
Page 14
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e. A minimum of five (5) yeårsdelineationoftitle.
f. Present use and zoning.
g. Utilities.
h. Type and condition of improveme
add to or detract from the value
4.
Highest and best use.
The highest and best use of the p
before the acquisition of rights and in
and best use of the remainder after
involved. In either instance, if the
the valuation is based, the app
determination that the
highest and best use an
5.
.~sinterpreted þyFlorida law will
ial> benefits to the residue land or
lude all applicable approaches to value. If an
t ered applicable, the appraiser must state why. All
tions used in developing the approaches will be shown.
arket approach, the appraisal report will contain a direct
parison of pertinent comparable sales to the property being
praised. The appraiser must include a statement setting forth his
analysis and reasoning for each item of adjustment to comparable
sales.
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is
Ordinance #00-005c
Parks Impact Fee - Draft #3
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b. Where in the income (capitalization) approach is used, there must be
documentation to support the income, expenses, interest rate,
capitalization rate, discount rate, or any other factors used in the
analysis. Where it is determined that the market rental income is
different from the existing or contract income, t crease or
decrease must be explained and supported nformation.
c. Where the cost approach is utiliz
the specific source of cost
explanation of each type of a
7.
Appraisal of after value.
The appraisal of the after value must
appraisal of the before value. This
following:
a.
b. Sales of comp
donations,
by the state or other public
d above are not
the appraiser's
between before
ifference between the before and after appraisal will represent the
alue of the property to be acquired including the damages to the remainder
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Ordinance #OO-OOSc
Parks Impact Fee - Draft #3
Page 16
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property. The appraiser will separately analyze and tabulate the difference
showing a reasonable allocation to lane improvements, and damages.
9.
More than one approach used.
Where two
will show the
approach
value.
10.
Photographs.
All appraisals should include id
including all principal above gro
affecting the value of the property
11.
Sketch or plat.
Appraisal reports for
property showing bo
significant feature
also show the
area and area
a sketch or plat of the
qfimprovements and other
rti.é.1rt~Hdn9s,the sketch or plat will
oftheimprovements to the taking
the comparable sales
names of parties to the
sale and with
type of
use at the
analysis and
If the appraiser is unablatovetifytnefinancing and conditions of sale
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Parks Impact Fee - Draft #3
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en
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w
n::
:::>
(!)
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c.
D.
A.
B.
e parks impact
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Ordinance #00-005c
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Page 24
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Ordinance #OO-OOSc
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any other person,
PART D.
This ordin
incorp
municipalities.
PART E.
The Clerk be and
the Bureau
Tallahassee,
PART F.
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'-'
AGENDA REQUEST
ITEM NO.
2(
'....,,/
DATE: May 9,
2000
CONSENT
REGULAR
PUBLIC HEARING [ X ]
Leg. [X] Quasi-JD.
TO: BOARD OF COUNTY COMMISSIONERS
SUBMITTED BY:
Community Development
SUBJECT:
Consider draft Ordinance No. 00-009 amending the Countywide Public Buildings Impact Fee program.
BACKGROUND:
Draft Ordinance No. 00-009 proposes a series of amendments to the County's Countywide Public
Buildings Impact Fee. These changes are found in the following Sections:
Section 1-19-01
Sbort Title, Authority, And Applicability.
This section has been amended to provide for additional findings of fact related to the
imposition and authority for imposing impact fees.
Section 1-19-04.
Definitions.
This section has been amended to reflect a clarification in the definition of "capital
improvement" to restate that an eligible capital improvement project must have a useful
life of two or more years.
Section 1-19-06
Computation of the Amount of Public Buildings Impact Fee.
The Public Buildings Impact Fee has been amended to reflect updated costs to provide for
public buildings and facilities as outlined in the Technical Memorandum on an Update of
Road, School, Library, Public Buildings and Parks Impact Fees and a Proposal for a Fire &
Rescue [EMS] Impact Fee, prepared for St. Lucie County, dated April 27, 2000, prepared by
Dr. James Nicholas, PhD.
Section 1-19-07(A)
Payment of Fee.
This section has been amended to reflect a clarification in the description of how the
Public Buildings Impact Fee may be paid. The fee must still be paid at the time of building
permit issuance, but this amendment allows the use checks, credits cards or other suitable
exchange materials in addition to cash.
Section 1-19-08(A)
Credits.
This section has been amended to reflect a clarification in the description of who is
eligible for a Public Buildings Impact Fee credit.
.
Section 1-19-13(A).
Use of Funds.
This Section provides for an amendment to the Administrative Fee that may be retained by the
local government for the administration of this ordinance. This fee is being changed from
3% to 4%.
FUNDS AVAILABLE:
N/A
PREVIOUS ACTION:
This is the second of two public hearings on the proposed amendments to the Countywide Public
Buildings Impact Fee Ordinance. The first public hearing on this Ordinance was held on Thursday,
April 20, 2000.
RECOMMENDATION:
Approve Ordinance No. 00-009.
County Attorney:
19J
Coordination/Siqnatures
COMMI~N ACTION:
[~ APPROVED [
[ ] OTHER:
DENIED
Mgt & Budget:
Purchasing:
Originating Dept:
Other:
Other:
Finance (copies only):
(AGENDS04)
'-"
'-'
County Commission Review: May 9, 2000
DEPARTMENT OF COMMUNITY DEVELOPMENT
Administration
MEMORANDUM
TO:
County Commission
FROM:
Julia Shewchuk, Community Development Director
DATE:
May 5, 2000
SUBJECT:
Draft Ordinance No. 00-009 - Public Buildings Impact Fee Ordinance
Attached is a copy of Draft Ordinance No. 00-009 which would propose a series of amendments to the
County's Countywide Public Buildings Impact Fee. These changes are found in the following Sections:
Section 1-19-01.
Short Title. Authority. and Applicability.
This section has been amended to provide for additional findings of fact related to the imposition and
authority for imposing impact fees.
Section 1-19-04.
Definitions.
This section has been amended to reflect a clarification in the definition of "capital improvemenf' to
restate that an eligible capital improvement project must have a useful life of two or more years.
Section 1-19-06
Computation of the Amount of Public Buildings Impact Fee.
The Public Buildings Impact Fee has been amended to reflect updated costs to provide for public
buildings and facilities as outlined in the Technical Memorandum on an Update of Road, School,
Library, Public Buildings and Parks Impact Fees and a Proposal for a Fire & Rescue [EMS] Impact
Fee, prepared for St. Lucie County, dated April 27, 2000, prepared by Dr. James Nicholas, PhD.
Section 1-19-07(A)
Payment of Fee.
This section has been amended to reflect a clarification in the description of how the Public Buildings
Impact Fee may be paid. The fee must still be paid at the time of building permit issuance, but this
amendment allows the use of checks, credits cards or other suitable exchange materials in addition
to cash.
Section 1-19-08(A)
Credits.
This section has been amended to reflect a clarification in the description of who is eligible for a Public
Buildings Impact Fee credit.
'-'
...."
May 5, 2000
Page 2
Subject: Public Buildings Impact Fees
.
Section 1-19-13(A).
Use of Funds.
This Section provides for an amendment to the Administrative Fee that may be retained by the local
government for the administration of this ordinance. This fee is being changed from 3% to 4%.
If ultimately approved by the Board, the amendments to Section 1-19-01, Short Title, Authority, and
Applicability; Section 1-19-01, Short Title, Authority, and Applicability; Section 1-19-04, Definitions; Section
1-19-07(A), Payment of Fee, and Section 1-19-08(A), Credits, shall become effective upon the filing with the
Department of State. This is expected to be approximately two weeks after final approval actions.
The amendments to Section 1-19-06, Computation of the Amount of Public Buildings Impact Fee and Section
1-19-13(A), Use of Funds, would not become effective until October 1, 2000. Staff recommends that the
Board consider a two year phase-in schedule for any Public Buildings Impact Fee scheduled to be increased
$100 or more dollars. Those fees increasing by less than $100 would be implemented in full on October 1,
2000. Those fees increasing by more than $100 would be incrementally increased beginning October 1,
2000. The first % of these fees would be assessed on October 1,2000. The second % of the fee, along with
the annual CPI adjustment, would be phased in on October 1,2001
As previously discussed with the Board, the Public Buildings Impact Fees effecting the Retail and Industrial
Land Use categories have been uniformly discounted 70% and 25%, respectively, from the calculated impact
fee. This reduction is for the purpose of expanding the County's economic development opportunities. As
the Board is aware from our prior discussions, the Board must officially recognize that in the event that there
is any shortfall in the impact fee collections as result of these economic development discounts, that shortfall
must be financed through any other means available to the Board.
This is the second of two public hearings on the proposed amendments to the Countywide Public Buildings
Impact Fee Ordinance. The first public hearing on this Ordinance was held on Thursday, April 20, 2000.
la Shewchuk, AICP
ommunity Development Director
Daniel clntyre
County Attorney
;
;
SUBMITTED:
JS
attachment
PBBLDGMEM0509a(IMPACT2000)
cc; County Administrator
County Attomey
Management & Budget Director
James Nicholas
Julian Juergensmeyer
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ORDINANCE NO. 00-009
AN ORDINANCE AMENDING, ARTICLE I CHAPTER 1..19, PUBLIC
BUILDINGS IMPACT FEE, OF THE ST. LUCIE COUNTY CO
COMPILED LAWS BY AMENDING SECTION 1..19..01, OR
AUTHORITY, AND APPLICABILITY, TO PROVIDE
FINDS OF FACT; BY AMENDING SECTI
AMENDING THE DEFINITION OF A
AMENDING SECTION 1..19..06, CaMP
PUBLIC BUILDINGS IMPACT FEE TO
OF THE CURRENT IMPACT FEES BE
THE MOST RECENT CPI ADJUSTMENT;
19..07, PAYMENT OF FEE AND 1..19-08,
MINOR EDITORIAL CHANGES FOR
AMENDING SECTION 1..19..13 TO
FEE; PROVIDING FOR CONFlIC
SEVERABILITY; PROVIDING
FILING WITH THE DEPAR
EFFECTIVE DATE; PROVI
CODIFICATION.
WHEREAS, the. Board of Co
the followin determinati
[Lucie County, Florida, has made
1.
ty Commissioners of 81. Lucie County,
41 imposing a Public Buildings Impact Fee in 81.
2.
al Planning Agency/81. Lucie County Planning and
Id a public hearing on the proposed ordinance after
The Port 81. Lucie News and The Tribune at least ten (10)
ring and determined that the proposed ordinance was
he 81. Lucie County Comprehensive Plan.
00, this Board held its first public hearing on the proposed ordinance,
shing a notice of such hearing in The Tribune and the Port 81. Lucie News
------------------- -------------
for addition
is for deletion
Ordinance #00-009c
Public Buildings Impact Fee Draft #3
Page 1
PRINT DATE: 05/05/00
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on April 10, 2000.
4. On May 9, 2000, this Board h€tlditssecond public hearing on the proposed
ordinance, after publishing a notice of such hearing in The Tribune and the Port St.
Lucie News on April 28, 2000.
5. The Board of County Commissipners has rev'
Memorandum on an Update of Road, School
I mpact Fees and a Proposal for a FirEr&:
St. Lucie County, dated April 27, 2000, pr
6. The proposed amendments to Articleil,Ch
are consistent with the.general purpo~.~,g
Lucie County Comprehensive plan 8r1.cjj$
and public welfare of the citizens of St.Lu
NOW, THEREFORE, be it ordained b
County:
missioners of St. Lucie
Part A.
ARTICLE I "PUB
THE CODE 0
AMENDED A
En OF CHAPTER 1-19 OF
. LUCIE COUNTY, FLORIDA, IS
EI
ILDINGS IMPACT FEE
tie, Authority, and Applicability.
known and maybe cited as the "Public Buildings Impact
unty CommissionersofSt.tucieCounty has the authority to adopt
e pursuant to Articl.eV 'I.9ftheC(ln~titl..!tiqnof the/State of Florida and
125 and Sections 163.3201 and 163.3202(3) Florida Statutes.
-------------- ------------------
is for addition
is for deletion
Ordinance #00-009c
Public Buildings Impact Fee - Draft #3
Page 2
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C.
D.
G:-E. This article shall apply to allareas ofi$t.
interlocal agreements with the affected fT U
Section 1-19-02.
A.
This chapter is intended to im
and Policies of the St. Lucie
ith the Goals, Objectives
Ian.
B.
e and development of land so as
nate share of the cost of capital
ings and services in St. Lucie County.
C.
rough the enactment of Section 163.3202, Local
ning and Land Development Regulation Act and
mental Land and Water Management Act, Florida
380, respectively, has sought to encourage local
pact fees as a part of their land development regulation
Rules of Constr....ction.
ns ofthis ordinance shall be liberally construed so as to effectively carry
urpose in the interest of the public health, safety, and welfare.
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Ordinance #00-009c
Public Buildings Impact Fee Draft #3
Page 3
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B.
For the purposesofi.admini~tr.ation..artclEmforcement of this ordin.ance, unless
otherwise st.ated inthis ordin.ance, thef()llowingrules of construction sh.all .apply to
the text of this ordin.ance:
1 In c.ase of .any difference of me.aningorJmpHc.ation between
.article .and .any c.aption, iIIustr.ation,summ.ary t.abl
text sh.all control.
2 The word "sh.all" is .alw.ays m.andªtorý
is permissive.
3 Words used inthe presenttense$h
the singul.ar number sh.all include
unless the context cle.arly indicates
4
The phr.ase "used for" includ~~
for," or "occupied for."
for," "m.aint.ained
5
The word "person" incl
incorporated .asso
r.ation, .a p.artnership, .an
ntity.
6
ntr.ary, where .a regul.ation involves
isions, or events connected by the
, the conjunction sh.all be interpreted .as
.at.all the connected terms, conditions, provisions or
t~s that the.conneqteditems, conditions, provisions or
y .apply singly·or.inanycombin.ation.
er ...or" indic.ates th.attheconnecteditems, conditions, provisions
events sh.all .applysinglybut not in combin.ation.
word "includes" sh.all. noflimifa term to the specific .ex.ample but is
tended to extend its me.aningto .all other inst.ances or circumst.ances of like
- --
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for
is for deletion
Ordinance #00-009c
Public Buildings Impact Fee - Draft #3
Page 4
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kind or character.
8 "County Administrator" meanstheCQyntyAql11inistrator or whoever he/she
may designate to carry out the administration of this ordinance.
9 Unless the context clearly indicates to the contrary,
in this article shall have the same mean as it
Land Development Code.
Section 1-19-04.
Definitions.
A. A "capital improvement" inc.ludes, . buti
acquisition, site improvements,builqings,
communications facilities with au
maintenance and operation.
B.
A "feepayer" is a person comm
the issuance of a building
recreational vehicle pªrI<for
1-19-06 of this ordinan
activity by applying for
r a mobile<home park or
activity specified in Section
C.
icalplantand· accessory facilities
çomrnissioners in support of county
s,parksandschools.
of Public Buildings Impact Fee.
A.
e effective date of this ordinance, seeks to develop land by
of a building permit for one of the land use types specified
s Ordinance or an electrical permit for a mobile home park
icle park shall be required to pay a public buildings impact fee in
amount set forth in this ordinance. Nothing in this article shall be
inate the requirements of Section 11.02.07 of the St. Lucie County
opment Code.
------------------ --------------
Ordinance #00-009c Page 5
Public Buildings Impact Fee - Draft #3 PRINT DATE: 05/05/00
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B. No building permit for any land use types specified in Section 1-19-06 of this
ordinance nor electrical permit for a mobile home park or recreational vehicle park
shall be issued unless and until the public buildings impact fee hereby required has
been paid as provided in Section 1-19-07 of this Ordinance.
Section 1-19-06.
Computation of the
Fee.
A. At the option of thefeepayer, the
following fee schedule.
discount.
..s6 429
-56 -84
..::¡:::¡. 445
-56 -84
~ -56 -84
..,o¡.a. ..s6 -429
48e
444-
44a
4G7
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RETAIL TRADE
UNDCf1 50,000 F~
50,000 400,000 F~
1500,000 000,000 Frt
I 1,000,000F~
4
5
6
7
~
GA~OLINE SERVICES
SERVICE STATION
INDUSTRIAL
WAREHOUSE
mUCK TERMINAL
-a
-a
~
~
~
-'1-6
-æ
-26
-æ
-3G
-3G
-Sß -as
-64 -96-
444 ~
-2 -2
-a4 -é2
~ -49
..gg 44e
-6
-49
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2 COLF COURSE
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RETAIl.. TRADE
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UNDER 100 000 FT2
100000 . 399 000 FT2
400 000 FT2 and
GASOLINE SERVICES
SERVICE
é
INDUSTRIAL
TRUCK TERMINAL
GENERAL INDUSTRIAL
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1
If the type of development activity for whic
a mobile home park or recreational vehic
above fee schedule, the County Admin
most nearly comparable type of land use
B.
The person applying for the issuance of
a mobile home park or recreationa
to the County Administrator in
are not appropriate for his p
competent evidence, the
appropriate for the parti
electrical permit for
on,$Ùbmit evidence
to paragraph A above
ed upon convincing and
adjust the fee to that
A.
B.
of cou nty
dedicate or
building
or the
Village.
the developer proposes to dedicate or acquire unimproved property or
t, the provisions of Section 1-19-08(E)(3) shall apply. The portion of the
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fee reprf3$ented by the property dedicatiort$ or acquisitions shall be deemed paid
only when the dedicated oracquiredpropertyis officially accepted by the county or
other appropriate governmental entity.
If public buildings impactfees areovved,rtodeveloPrnenlp(¡)rmits 0
be issued for the buIlding or structureil'lquestion whiletne
county adminii$tratofrnay authorize the initiation ny
or equity to collect the unpaid fees.
y type may
unpaid. The
rmitted by law
Section 1-19-08.
Credits.
A. Scope.
Any person who shaII.i commence
development activity may apply for a
impact fee for any contribution,
made bsuch
St. Lucie County forpUbli
pursuant to . this section.
application mayb~ mad
made in St. LucieCou
County, the City of
pur nt to its
ditio
act generating land
d public buildings
land or equipment
ted and received by
ent that are creditable
nards of this section, an
bution, construction or dedication
opment order issued by St. Lucie
Port St. Lucie, or St. Lucie Village
or section 380.06, Florida Statutes,
posed by the Florida Land and Water
development of regional impact to the extent the
on or dedication meets the same needs as the
B.
blic buildings impact fee credit, who proposes to make any
ction or dedication of a public building/facility or equipment that
the County's Comprehensive Plan, shall first obtain from the board
missioners an approval that the proposed contribution, construction
is considered to be eligible for a public buildings impact fee credit.
determination by the board that the proposed contribution, construction
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or dedication is eligible for a publicbµildin!fJ~jmpaçtfee credit, the final amount of
the creditshallbe determjneduponth~sµbmission ota reque.st for public buildings
impact free credit and the enteringintqofaformalpublicbuildings impact fee credit
agreement.
C.
Relationship of public buildings impactfee todevelopmen
Pursuant to Section 380.06(16),FlotidaiSt
facilities and/or other public; bui.ldingsc;ap.iba
County or City approved Development
shall be credited against the public buildi
D.
General standards for issuing public buildi
Prior to the issuance of anycreditsagai
person who made the. contribution,
buildings facilities orequipment.s
with the Board of County Comrni
rules for the award ofcredit,
ings impact fee, the
edication of public
e Credit Agreement
visions are the general
in this section:
1.
Credit for contri
buildings impa
impact fees im
øtiQnor dedications of the public
[rable .as a credit against other
r thª''l public buildings.
, credits may be assigned to successors
County receives a copy of the written agreement
nor and the assignee that has been recorded in the
e County, Florida.
ceed the amountdueforthe public buildings impact fee.
1.1 be given forpuÞlicbuIldings facilities and equipment
or constructed before January 1, 1996.
gainst public buildings impactfeesotherwise payable shall be allowed only
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under thefoHowingçonditions.
1. County need.
The contribution, payment, construction or dedication shaH
buildings capital need identified in the County's
the adopted comprehensive plan of Ft.
Village. No credit shall be give
a public buildings capital need iden
in the adopted comprehensive plan
Village.
2. Site-related public buildings improve
No cr.editshall be givenfor
or site-related public buildin
satisfaction of the count
documentation that·tha
provide~for publicþuil
proposed developme
Idings improvements
be shown to the
ppropriate technical
or property dedication
ess of the impacts of the
3.
icatio elated property for public buildings
valu undred twenty (120) per cent of the most
e by the county property appraiser plus the reasonable
unty administrator, of any survey, closing costs
d by the feepayer to the county at the request of
e dedication of property shall be provided when the
n conveyed at no charge to, and accepted by, St. Lucie
er satisfactory to the board of county commissioners.
yer shall opt not to have the property dedication credit determined
above, then the amount of credit shall be determined by the board
commissioners based on an Independent Property Appraisal, as
ibed in section 1-19-09 of this article, prepared by an individual both a
ember of the Appraisal Institute (MAl> and a state certified general
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appr~Üser acceptable to the boªrdipfG(Junty commissioners, that is paid for
by the feepayer. Attheoptiqrroftheppªrd,the board may request a review
appraisal, as described in sectionht9-i10 of this article provided that in the
event the value estªblished. bYitheindependent appraisal exceeds one
hundred twenty (120) per Gent oftheassessed value by mo an twenty-
five (25) per cent, the board shf;:ill request a revie
I n the event the board deterrr1Ïnesto
determination ofthe value is thesªm
the independent appraiser, thenthe
appraisal. If the i determinationQtt
than the value determined by the ill
shall pay for the cost of the røView
appraisal submItted pursuanttothls
methodology and technical ac
administrator.
ate, and the county
any planned nonexisting
ngJmpact fee eligible public
nce Qf ªny application for final
qfGounty commissioners shall
epredit for the dedicated property
,seeksa final development order
ind . .... ... rtyfrornv.¡hichthe dedicated property
perty dediGªtionGreditsshallbedetermined at the time
nstruction/expansionofthe eligible facility or at the
efªpprovalisgfªnted, whichever occurs first.
creditfequestl11ayincludethe consideration of any
e valueQf propertYbeingdf)diGªted as a result of the new
lic building constrLiGtiof1.. No property dedication credit
ude. the considerªtiouof anyenhªncement to the value of
being dedicated as result of the overall project development.
pplicants for credit for construction of nonsite related public buildings or
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facilities shall submit documentation of the actual engineering and
construction costs to the county administrator or his designee. The county
administrator or his designee shall determine credit for public buildings
construction based upon these costs or upon alternative engineering and
construction cost estimates if the county administrator 0 designee
determines that such costs submitted are excessi lete.
5.
Acquisition by purchase or condemn
I n the event a developer is r~quir~~
order to acquire. off-site pubIi.çbuJlci
obtain an Independent Prop~
and provide the. county adminißt
county administrator may obtain at
1-19-20.
Except as providrd below,
shall be based on the I nd
orthe purchaß~pric~,
the event the devel
appraised valu~
op~rty acquisition
I,the Review Appraisal ,
åcountyadministrator. In
public buildings property for
a.
appraised value if it determines that
than the cost of condemnation or that
calor desired; or,
demnation of the parcels; or,
F.
it must be made no later than the time of application for a building
ctrical permit. Any claim not so made shall be deemed waived.
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Section 1-19-09.
Independent Property Appraisal
A. If the feepayer shall opt not to have the value of any property dedication determined
as set out in section 1-19-08(E){3), the amount of credit shall be determined by the
board of county commissioners based on an Independent Property aisal (lPA),
prepared by an individual who is both a member ofthe e (MAl) and
a state certified general appraiser acceptable t boa mmissioners,
that is paid for by the feepayer. An "independe ert is an apprai I
report containing the following:
1 . Purpose of appraisal.
The purpose of the appraisal whic
estimated and the rights or interest
2. Legal Description of property.
3.
a.
interestbeing evaluated.
est in property being acquired in acres or square
of five (5) years delineation of title.
Type and condition of improvements and special features that may
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add to or detract from thevalue of the property.
4.
Highest and best use.
The highest and best use of the property on which the app
before the acquisition of rights and interests to be a
and best use of the remainder after the isiti
involved. In either instance, if the e e
the valuation is based, the appraisal in
determination that the property is ble a
highest and best use and there is d
5.
Before and after valuation.
The "before and afteru methodofv
be used in·. partial donations
improvements.
dÞy Florida law will
.. e residue land or
6.
Approaches to value.
The appraisalsh
approach is no
pertinent cal
eapproaches to value. If an
e)i~ppraiser must state why. All
ngtheapproaches will be shown.
et ap .. .... ..appraisal report will contain a direct
pertinent cOrnparaþle sales to the property being
praisier rnustincludeastatement setting forth his
ning(foreach item of adjustment to comparable
e income (capitalization) approach is used, there must be
tation to support the income, expenses, interest rate,
italization rate, discount rate, or any other factors used in the
lysis. Where it is determined that the market rental income is
different from the existing or contract income, the increase or
decrease must be explained and supported by market information.
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c. Where the cost approach is utilized, the appraisal report must contain
the specific source of cost data, remaining economic life, and an
explanation of each type of accrued depreciation.
7.
Appraisal of after value.
The appraisal of the after value must be s
appraisal ofthe before value. This su
following:
a. Sales comparable to the rem
b. Sales of comparable prope
donations, or acquisitions fo
c.
Development of the
economic loss or
like usages.
rties which show
Ùisition or taking for
d.
state or other public
e.
above are not
the appraiser's
n the before and after appraisal will represent the
y to be acquired including the damages to the remainder
raiser will separately analyze and tabulate the difference
onable allocation to lane improvements, and damages.
n one approach used
re two (2) or more of the approaches of value are used, the appraisal
ill show the correlation of the separate indications of value derived by each
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approach along with a reason~bleaxplêtnêttion for the final conclusion of
value. This correlation will be included for both before and after appraisals.
10.
Photographs.
All appraisals should include identified photograph
including all principêtl aboveground. i ove
affecting the value of the pröpE;!rtytob nor
11.
Sketch or plat.
Appraisal reports for whole. têtking
property showing boundary dimensi
significant feêttures of the property.
also show the êtrea to be êtcquired,r
area and area of each remain
12.
Comparable salas.
Each appraisal.report
which were used i
nee to the comparable sales
rket\lalue.
a.
of sale, names of parties to the
, financing, conditions of sale and with
w d, the location, total area, type of
appraiser's estimate of highest and best use at the
g and any other data pertinent to the analysis and
iserisunabl~toverifythe finêtncing and conditions of sale
I SOl..lrees suçh as buyer, seller, broker, title or escrow
yetc. he will sostêtte.
inent compara.ble.. sales... date. should include identified
ötogrêtphs of all prinçipal¡abqve€¡round improvements or unusual
features affecting the value of the comparable.
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13. I nspection of properties.
All property appraised and the comparable sales which were relied upon in
arriving atthefair mé:lrketvalue estimatewiU be personally inspected in the
field by the/appraiser and all dates of inspection will b own in the
appraisal report.
14. Date of valuation.
The effective date to which the\lalu
15. Limiting conditions.
Statement of appropriate contingent
16. Certification and signature.
The certification, signatur
Section 1-19-10.
A.
eque$f a review appraisal of the
deeL that in the event the value
en > .....»..ApþfÇliSalexceeds one hundred twenty
d valLlebymorethantvventy-five (25) per cent, the
praisal.A ureviewappraisal" shall comply with the
praiser will field inspect the property appraised and the
considered by the appraiser in arriving at either or both,
, the fair market value of the whole property and of the
iewing appraiser will examine the appraisal reports to determine that
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a.
Comply with theprovisions.ofthis section.
b.
Follow accepted appraisal principles and techniques in the valuation
of real property in accordance with existing state law.
c.
Contain or make reference to the informati
substantiate and thereby docume he co
value and/or just compensatio ifi
d.
I nclude consideration of com
but do not include compen
noncompensable under state
e.
Contain an identification or I
other improvements on the
appraiser considered to
ildings, structures and
fixtures which the
rty to be acquired.
f.
Contain the estim
acquisition, and
either in the
of the esti
and for d
or resulting from the
partial acquisition ,
a reasonable allocation
real property acquired
reviewing appraiser
reports which do
These will
r may supplement an appraisal report with corrections
ical errors where such errors do not affect the final value
y also supplement the appraisal file where the following
s been omitted:
ner's and/or tenants'narnes.
Parties to transactions, date of purchase and deed book reference on
sale of subject property and comparables.
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c. Statement that there were no sales of subject property in past five (5)
years.
d. Location, zoning or presentuse of subject property or comparables.
5.
The reviewing appraiser will initial and date his· co
data supplements to an appraisatreport.
6.
The reviewing appraiser will~ubrnit
forth:
a. His estimate of just compens
allocation of compensation f,
damages to remaining real p
the buildings, structures,
as the fixtures which he
to be acquired, if su
appraisal( s).
b.
That as a part
the parcel
thereto.
was a field inspection of
comparable sales applicable
or contemplated future
any monetary benefit from its
e has.. belen reached independently, without
rdirection, and is based on appraisals and other
the review appraiser determines the value to be the same
han the value determined by the Independent Property Appraisal
county shall bear the cost of the review appraisal.
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Section 1-19-11.
Public BUildirtgslmpact Fee Districts Created
There is hereby established one (1 ) PÚblicBuildings Impact Fee District, as shown in
Figure I, for all of St. Lucie County.
Section 1-19-12.
Public Buildings Impact F
A. There is hereby establishedaPublicBuHqin
buildings impact fees collected pursuantto
B. Funds withdrawn from this account must be
13 of this ordinance.
Section 1-19-13.
Use of Funds.
A.
The collecting governmental un
percent (4%) of the funds c
expense ofcollectin9ªncl. a
All remainingfundscQH
for the purþoseofc
maintenance or 0
ma necessa
not more than 3% four
m for the administrative
gs impact fee ordinance.
ifTIpactfees shall be used solely
oUhty'~public buildings and not for
91rnprovements shall be of the type
develppment.
B.
Administrator shall present to the board of county
ital improvement program for public building and
ing any accrued interest, from the public buildings
ific Public BuHdings improvements projects and
including any accrued interest, not assigned in any fiscal
the same Public BuHdings Impact Fee Trust Fund until
t as provided by the refund provisions of this ordinance.
emed expended in the order received.
ounty Commissioners of St. Lucie County may enter into interlocal
with the governing bodies of the municipalities in St. Lucie County to
roper use of the funds collected pursuant to this ordinance.
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for
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Section 1-19-14.
Refund of Fees Paid.
A. If a building permit or an electrical permit for a mobile home park or recreational
vehicle park expires and no construction has been commenced, then the fee payer,
his heirs, successors or assigns, shall be entitled to a refund of th ct fee paid
as a condition for its issuance except that the county shall percent (3%)
of the funds as an administrative fee to offset th costs
Section 1-19-14.
Refund of Fees Paid.
A. If a building permit or an el~ctrical p~rmit
vehicle park expires anel no co~stru9t¡()n
his heirs, successorsQrç:1ssigns,shall.p~
as a condition for its issuance exceptttléit
of the funds as an administrative fee
B.
Any funds not expended orenc
following then (10) years fro
payment was received
hundred eighty (i80)cla
to the current owner
fiscal year immediately
impact fee payment fee
current owner within one
ten (to) year period, be returned
SÎxpercent (6%) per annum.
A.
ed wholly Qr iO part from payment of the public
sion of an existing building where no additional residential
created.
ction of accessory buildings or structures which will not produce
need for public facilities over and above that produced by the
I building or use of the land.
e replacement of a destroyedorpärtiallydestroyed building or structure
---- ----------- ----------------
Ordinance #00-009c
Public Buildings Impact Fee - Draft #3
Page 25
PRINT DATE: 05/05/00
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in existence onorafterJanuaryj,1~9.6,withanew building or structure of
the same or a different useipr8vid(3dth~tno~dditional need for public
facilities will be produced overandabovethoseproduced by the original use
of the land.
4. Any claim of exemption must be made no later tha
for a building permit or electrical permit T mobil
made shall be deemed waived.
Section 1-19-16.
Aþpeals
A.
Any decision made by the countyadJj1jnl~
provisions of this chapter may beaPPE)~I~
by filing a petition of appeal within thirty
rendition of the decision.
urse of administering the
unty commissioners
of the date of the
B.
The board of countycommissi.o
within thirty (30) calendar.d
petitioner shall be provided
public meeting bYCert
Testimony at the public
an extension of timei
the rpose ofa
n at a public meeting
al of said decision. The
e, date, and place of the
equested, and invited to attend.
o ten .(1 o)minutes per side, unless
he board's decision shall be final for
issioners shall revoke the decision of the county
petent, substantial evidence in the record that the
Article.
iew and Automatic Adjustment of Fees.
gs impact fee shall be adjusted by the county administrator in April
year. Unless otherwise directed by the county commission, any
the public buildings impact fee, made pursuant to this section, shall
the first Monday in October of each calendar year. All adjustments to
IC buildings impact fee shall be based on the methodology described in
---- ----- -----------------
- --
Ordinance #00-009c
Public Buildings Impact Fee - Draft #3
Page 26
PRINT DATE: 05/05/00
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paragraph (B) of this section.
B. The base for computing any adjustmenlislhe January Consumer Price Index - All
Urban Consum~rsforthe United States,pµblish~(jeach.y~arby the United States
Department of Labor, Bureau of Labor Statistics. .. Forth~ purpos his Section
the initial index to be referenced is Janparyt199p. The Pub s Impact Fee
shall be adjusted by the percentage Chang~jnt index
C. If the index is chang~d so that theb~se
converted in accordance with the corwen:~io
Department of Labor, Bureau of LaborS
revised, such other government index orcQ
be used in order to obtain substantiallyth~
index had not been discontinued or revi
D.
The board of county commissiOI'l~rs§
least once every five (5) years fro
1996).
dings impact fee at
dinance (January 1,
PART B.
Iy to unincorporated areas of St. Lucie
is for any reason held or declared to be unconstitutional,
ding shall not affect the remaining portions of this ordinance.
provision thereof shall be held to be inapplicable to any person,
ce, such holding shall not affect its applicability to any other person,
ance.
------------
------------------
ordinance #00-009c
Public Buildings Impact Fee - Draft #3
Page 27
PRINT DATE: 05/05/00
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PART D.
APPLICABILITY OF ORDINANCE.
This ordinance shall be applicable throughoµlSt.~ucieC.Qul1tY'ßjurisdiction, including the
incorporated areas even in the absence of interlocalagreements with the affected
municipalities.
PART E.
FILING WITH THE DEPARTMENT OF
The Clerk be and is hereby directed forthwitht9/i~
the Bureau of Administrative Code and Laws
Tallahassee, Florida 32304.
PART F.
EFFECTIVE DATE.
The Amendments to SectiQn 1-19-01,
19-04, Definitions; Section 1.19-07, P
become effective upon the filing with
plicability;Section 1-
1.19-08, Credits; shall
The Amendment to Section
2000.
ILbecome effective on October 1 ,
ÓftheAmount of Public Buildings
1,2()()Oand October 1,2001, as provided
ote on this ordinance was as follows:
xxx
Frannie Hutchinson
xxx
xxx
---------------------------------
ordinance #00-009c
Public Buildings Impact Fee - Draft #3
Page 28
PRINT DATE: 05/05/00
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Commissioner Cliff Barnes
xxx
Commissioner Doug Coward
xxx
PART H.
CODIFICATION.
Provisions of this ordinance shall be incorpQrat~di'
Compiled Laws, and tha word "ordinancelll11ayþe
appropriate word, and the sections ofthis(9rdinan
accomplish such intention; provided, hoW aver, tha
PASSED AND DULY ENACTED this 9th day of
ATTEST:
ISSIONERS
ORIDA
DEPUTY CLERK
CHAIRMAN
APPROVED AS TO FORM AND
CORRECTNESS:
COUNTY ATTORNEY
-------------------- ------------
Ordinance #00-009c
Public Buildings Impact Fee Draft #3
Page 29
PRINT DATE: 05/05/00
'-'
AGENDA REQUEST
"""""
ITEM NO.
3
DATE: May 9, 2000
CONSENT
REGULAR x]
PUBLIC HEARING [ ]
Leg. [ ] Quasi-JD.
TO: BOARD OF COUNTY COMMISSIONERS
SUBMITTED BY: Communitv Development
SUBJECT:
Draft Interlocal Agreements between
Commissioners and the City's of Ft.
collection of Impact Fees
the St. Lucie
Pierce and Port
County Board of County
St. Lucie regarding the
BACKGROUND:
Attached are copies of the Draft Interlocal Agreements between the St. Lucie County
Board of County Commissioners and the City's of Ft. Pierce and Port St. Lucie
regarding the collection of impact fees. These agreement have been modified based
on the recent discussions that County staff has had with the each of the City's
regarding the impact fee program.
Staff recommends that the Board conceptually approve the revised draft Interlocal
Agreement for the County's Library, Parks, Public Building and Roads Impact Fee
Program. Revised Agreements for the County's Educational Facilities and Fire/EMS
Impact Fee programs will be provided in the next two weeks.
FUNDS AVAILABLE: N/A
PREVIOUS ACTION: N/A
RECOMMENDATION: Staff recommends that the Board conceptually approve the revised draft Interlocal
Agreement for the County's Library, Parks, Public Building and Roads Impact Fee
Program
COMMISSION ACTION:
[~PPROVED
[~OTHER:
,Nf,LJ Is£- /.,6 V r (..t--- t6 é . 'L'---o ~
C- JQG~~ .
ft S~ ,-J)-£ fJ-I ~<-/'
Y
/Z6Lhv (;;,.;/ d~---
é?r (/ /7'_" \I¿/~ Cr~
]
CONCURRENCE:
DENIED
Douglas M. Anderson
County Administrator
Coordination/Siqnatures
County Attorney:
Mgt & Budget:
Purchasing:
Originating Dept:
Other:
Other:
Finance (copies only) :
(AGEND505)
'-"
....",
County Commission Review: May 9, 2000
DEPARTMENT OF COMMUNITY DEVELOPMENT
Administration
MEMORANDUM
TO:
County Commission
FROM:
Julia Shewchuk, Community Development Director
DATE:
May 5, 2000
SUBJECT:
Draft Interlocal Agreements between the St. Lucie County Board of County
Commissioners and the City's of Ft. Pierce and Port St. Lucie regarding the
collection of Impact Fees
Attached are copies of the Draft Interlocal Agreements between the St. Lucie County Board of County
Commissioners and the City's of Ft. Pierce and Port St. Lucie regarding the collection of impact fees. These
agreement have been modified based on the recent discussions that County staff has had with the each of
the City's regarding the impact fee program. The highlights of these agreement are as follows:
Library Impact Fees:
Both the City of Ft. Pierce and the City of Port St. Lucie will continue to act as the collecting entity for the
County and remit all impact funds collected by the City to the County for the purpose of Library Capital
Improvement Works. This is consistent with the current interlocal agreement. The administrative processing
allowance the both city's may retain has been increased to 4%, in place of the current 3% retainage.
The termination provisions of this agreement has been amended to limit these to five (5) year agreements
instead of ten (10) years as presently found, but to limit the ability of one party to opt out of this agreement
unless one of the following conditions occurs:
1.) both parties agree to the termination, or,
2.) imposition of the Library impact fee is not allowed by state law, or,
3.) Upon breach of the agreement by a party and failure to sure the breach within a reasonable time
period not to exceed forty-five (45) days.
Under separate agreement, the City of Port St. Lucie has indicated that they are willing to cooperate with the
County in regard to the siting of future library facility in the western portions of the City, when the demands
for such a facility are warranted.
Parks Impact Fees:
Both the City of Ft. Pierce and the City of Port St. Lucie will continue to act as the collecting entity for the
County. This is consistent with the current interlocal agreement. The administrative processing allowance
the both City's may retain has been increased to 4%, in place of the current 3% retainage.
The City of Ft. Pierce will continue to retain 50% of the Parks Impact Fees collected by the City. These fees
are to be used by the City to construct part or all of a Parks improvement project shown in the City's or
County's Comprehensive Plan or for park land acquisition for sites identified in the Comprehensive Plans of
the City and the County.
~
"""""
May 5, 2000
Page 2
Subject: Impact Fee/ Interlocal Agreements
The City of Port St. Lucie will be permitted to retain up to 70% of the of the Parks Impact Fees collected by
the City, subject to the same restrictions as Ft. Pierce. In consideration for this increased retainage, the
restrictions on the use of the County's portion of the collected funds as outlined in paragraph 4(c) has been
eliminated.
The termination provisions of this agreement has been amended to limit these to five (5) year agreements
instead of ten (10) years as presently found, but to limit the ability of one party to opt out of this agreement
unless one of the following conditions occurs:
1.) both parties agree to the termination, or,
2.) imposition of the Parks impact fee is not allowed by state law, or,
3.) upon breach of the agreement by a party and failure to cure the breach within a reasonable time
period not to exceed forty-five (45) days.
Public BuildinQs Impact Fees:
Both the City of Ft. Pierce and the City of Port St. Lucie will continue to act as the collecting entity for the
County. This is consistent with the current Interlocal Agreement. The administrative processing allowance
the both City's may retain has been increased to 4%, in place of the current 3% retainage.
Since the Public Building Impact Fee is divided into two primary use purposes, judicial and general
government, 66% of the collected funds from this fee are specifically earmarked for application to the
Countywide Judicial/ Correctional System. This is a countywide service obligation and it take the majority of
the available funds. General government buildings are to be funded through the remaining 33%. Under the
terms of these revised Interlocal Agreement, the City of Port St. Lucie is being authorized to retain 16% of the
Public Building Impact Fee funds that they collect. These funds are to be directed towards the funding of
expanded public building projects, consistent with the City's Comprehensive plan. The remaining 16% of
the funds collected will be transferred to the Board of County Commissioner for general government purposes.
The City of Ft. Pierce has not requested the retainage of any specific funds. However, both the current and
amended Interlocal Agreement provides a mechanism where the City may request that impact fees be
directed towards as specific Public Building project meeting the requirements of the impact fee ordinance.
The termination provisions of this agreement has been amended to limit these to five (5) year agreements
instead of ten years as presently found, but to limit the ability of one party to opt out of this agreement unless
one of the following conditions occurs:
1.) both parties agree to the termination, or,
2.) imposition of the public buildings impact fee is not allowed by state law, or,
3.) upon breach of the agreement by a party and failure to cure the breach within a reasonable time
period not to exceed forty-five (45) days.
Road Impact Fees:
Both the City of Ft. Pierce and the City of Port St. Lucie will continue to act as the collecting entity for the
County. This is consistent with the current Interlocal Agreement. The administrative processing allowance
the both City's may retain has been increased to 4%, in place of the current 3% retainage.
The City of Ft. Pierce will continue to retain 20% of the Roads Impact Fees collected by the City. These fees
are to be expended by the City on arterial and collector roadways in the City in a manner consistent with the
requirements of Section 1-17-31 (a) and (b), St. Lucie County Code and Complied Laws.
'-"
..,
May 5, 2000
Page 3
Subject: Impact Fee/ Interlocal Agreements
The City of Port St. Lucie will be permitted to retain up to 60% of the of the Roads Impact Fees collected by
the City, subject to the same restrictions as Ft. Pierce. In consideration for this increased retainage, the
restrictions on the use of the County's portion of the collected funds as outlined in paragraph 4(c) has been
eliminated.
Both agreements include the elimination of the provisions whereby the "collection" impact fee could be
considered a transportation expenditures for the purpose of calculating the annual local option gas tax
distribution. These fees may only be applied towards that distribution formula once they are spent.
The City of Ft. Pierce retains its impact fee deferral areas, pending further review of these areas upon the
completion of the 2025 MPO Long Range Plan update.
The termination provisions of this agreement has been amended to limit these to five (5) year agreements
instead of ten (10) years as presently found, but to limit the ability of one party to opt out of this agreement
unless one of the following conditions occurs:
1.) both parties agree to the termination, or,
2.) imposition of the Parks impact fee is not allowed by state law, or,
3.) upon breach of the agreement by a party and failure to cure the breach within a reasonable time
period not to exceed forty-five (45) days.
Staff recommends that the Board conceptually approve the revised draft Interlocal Agreement for the County's
Library, Parks, Public Building and Roads Impact Fee Program. Revised Agreements for the County's
Educational Facilities and Fire/EMS Impact Fee programs will be provided in the next two weeks.
If you have any questions, please let us know.
la Shewchuk, AICP
ommunity Development Director
,/
SUBMITTED:
JS
attachment
INTERLOCAL 1 (IMPACT2000)
cc: County Administrator
County Attorney
Management & Budget Director
Public Works Director
Leisu re Services Director
James Nicholas
Julian Juergensmeyer
1 AIVlIE.~J::)IEJ::).t\t,ltlR.IE~T.t\'TED
2 INTER~~~.t\~~~REIEMENT
3 (ROA.D/IIViPA,CT· FEES)
4
5
6 THIS AGREEMENT entered into this day of
7 between ST. LUCIE COUNTY, a politicals\Jbdivisigl1
8 referred to as "County", and the CITYOFPQ
9 corporation, hereinafter referred to as "City" pro
10 County's Roads Impact Fee/program.
11
12 WHEREAS, County
13 1986; and
14
15 WHEREAS, said fee is tobaeffected
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WHEREAS, County Wishes to
of County;
WHEREAS
1986,
26, 19
on January 21,
on January
herein.
1.
Agreement is entered into pursuant to Section 163.01,
Interlocal Cooperation Act.
Interlocal Agreement (Draft #1 )
Roads Impact Fee
1
Port St. Lucie
Print Date: 05/05/00
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2.
The County and the Gity agree thattheCounty's roªds impact fee ordinance shall
be effective within the City's jl.lrisdictionuhlessthis Aménded and Restated
Agreement is terminated as hereinaftérprovided.
2
3
4
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6
3.
The City agrées to:
a. Collect the applicable
issuing any building permit,
recreational vehicle park
7
8
b.
address
'Ie home
amount
ermitor elect
ÐÇ.
Interlocal Agreement (Draft #1)
Roads Impact Fee
Port 81. Lucie
Print Date: 05/05/00
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cooperate with the County in funding the acquisition of rights of way for
'vIllalton Road and Lennard Road lying 'v'v'ithin the City by the timeframes
required by the County's construction program. City shall remit the collected
funds monthly to County, with payment being mad
day of the following month.
2
3
4
5
6
7
g.
To ex end the road
re uirements of Section 1-17
Complied Laws.
8
e Sl. Contact the County Adminis
mobile home permit, or
applied for that is not s
as determined for
impact fee
refu nd it is
onl be
the
of the St. Lucie
in lieu of paying
of a arterial or major
Interlocal Agreement (Draft #1 )
Roads Impact Fee
3
Port St. Lucie
Print Date: 05/05/00
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collector road improvement. project shown in the St. Lucie County
ComprehensivePlan, MetropolitªnPtal1ninrJOrganization Roads I mpact Fee
Eligibility NèWv'Ørl<s, City of Port St. L.ucieTransportation Comprehensive
Plan or appropriate to the implementationthereof.
f- h. To hold the County harmless shoul.d
contest the City's
administrative fee
defense necessary at no
of any impactfeeor
or should any refund be
solely by City.
gj. year,annual financial reports
on and expenditure of road impact
inistrative procedures and administrative assistance
keeping and other accounting procedures necessary for
aintain all records ofthèimþactfee including the name, address,
ount paid and benèfitdlstrictforeach building permit, mobile home
ion
ion
Interlocal Agreement (Draft #1 )
Roads Impact Fee
4
Port St. Lucie
Print Date: 05/05/00
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permit, or electrical permit for a recreational vehicle park issued by any City
or County as furnished by theqollecting ag.ency.
3
4
c.
To consultwith City
regard to expenditure of anyimpactfee f
to County and, where possible,expen
or all of a road improvement
Comprehensive Plan,
Eligibility NerNorks, City
Plan or appropriate to
5
6
7
8
9
addition
deletion
Interlocal Agreement (Draft #1)
Roads Impact Fee
5
Port St. Lucie
Print Date: 05/05/00
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d. Except as provided in Section 3Th ,to hold Cityharmlesssf1puld any suit or
legal action bebroughHocontestthe yalidityofthe impact fee ordinance or
to contestthe amount of any irnpªctfee impo~ed pursuant to the impact fee
ordinarH.';e. The County agreesíoprovif.ie any.legal fen
cosHo City. Should any Court order any nd
any refund be agreed to by County,
the County and the Cityto the extent
respective entity.
e:-
n request, financial reports and information showing
s collected within each road benefit district.
ommissioners shall have the final authority pursuant to
f the St. Lucie County Roads Impact Fee Ordinance as to
pt an offer by a developer to construct part of a road improvement
of payment of all or part of the road impact fee.
is
is
Interlocal Agreement (Draft #1)
Roads Impact Fee
6
Port St. Lucie
Print Date: 05/05/00
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6.
Nothing in this Amended and Restated Agreement is intended to deprive the County
of final authority and responsibility for the use and expenditure of impact fee monies
collected pursuant to the Roads Impact Fee Ordinance.
2
3
4
5
6
7.
This Amended and Restated Agreement embodi
parties. There are no promises, terms, con
contained herein; and this Amended an
previous communications, representations,
between the parties hereto.
7
8
9
8.
The Amended and Restated Agr
document signed by both parti
Lucie County, Florida.
nded by a written
eCircuit Court of St.
9.
fora period of ten (1 0)
of the roads
not to exceed
Agreement
remitted
The Amended
of both parties.
Interlocal Agreement (Draft #1 )
Roads Impact Fee
Port St. Lucie
Print Date: 05/05/00
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10. This Amended and Restated Agreement
Court of St. Lucie County,
Clerk of the Circuit
2
3
4
IN WITNESS WHEREOF the parties hereto have caused the exec
authorized officials on the dates stated below.
ytheirduly
ATTEST:
Deputy Clerk
ROVED AS TO FORM AND
CORRECTNESS:
BY:
County Attorney
Interlocal Agreement (Draft #1 )
Roads Impact Fee
Port St. Lucie
Print Date: 05/05/00
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CITY OF PORT ST. LUCIE, FLORIDA
Deputy
is
Interlocal Agreement (Draft #1 )
Roads Impact Fee
Port St. Lucie
Print Date: 05/05/00
9
1
2
3
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6
AMENDED AND RESTATED
INTERLOCAL AGREEMENT
(LIBRARY IMPACT FEES)
8
THIS
day of
7
9
10 participation in
11
12 WHEREAS, County.originaHy adopted a lib!'(¡tryi
13 1996; and
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24 1.
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WHEREAS, said fee .is to beeffe
and City; and
WHEREAS, County wishesto
of Cou nty;
on December 12,
herein.
Interlocal Agreement (Draft #1)
Library Impact Fee
Port 81. Lucie
Print Date: 05/05/00
-1-
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2.
The County and the City agree that the County's library impact fee ordinance shall
be effective within the City's jurisdiction unless this Amended and Restated
Agreement is terminated as hereinafter provided.
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3
4
5
3.
The City
6
7
Collect the applicable impact fee as
issuing any building permit, mobile
recreational vehicle park within the
a.
8
b.
To maintain all records 0
amount
ermit or e
name address
mobile home
Ð
shall be kept by
funds. City
being made
a building permit,
vehicle park is
to collect the fee
Underline is for addition
Strike Through is for deletion
Interlocal Agreement (Draft #1)
Library Impact Fee
Port 51. Lucie
Print Date: 05/05/00
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17 4.
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à
Notify the
fee
application for impact
e f. Notify the County Administrator when
paying all or part of the library impact fee,
improvement project shown in the St.
appropriate to the implementation th
, in lieu of
Q..,. To hold the Count harml
c
administrative fee ret
defense
the amount of the
an Ie al
or
City.
assistance
necessary for
name, address,
pªrmit, mobile home
Interloc¡¡d. Agreement (Draft #1 )
Library Impact Fee
Port 81. Lucie
Print Date: 05/05/00
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2
permit, or electrical permit for a recreational vehicle park issued by any City
or County as furnished by thecol/ecting agency.
3
4
5
To consult with City in regard to
collected by City and remittedto
impact fee funds to construct part
shown in the St. Lucie County Co
implementation thereof and· tofu
proposed expenditure of such funds
delay such proposed expendituref
to allow City's Council to adv'
of any objections it may h
fee funds
c.
6
7
8
9
d.
To hold City harrnl
the validity ofa
impact fee. .
I action be brought to contest
to contest the amount of any
impact fee· ordinance. The County
nsenecessaryat no cost to City. Should
of anyirnpactfeeorshould any refund be agreed
shaUPe paidsöIelyby Cou nty.
y, upon request, financial reports and information showing
f impact fees collected within each library benefit district.
f County Commissioners shall have the final authority pursuant to
11-17 of the St. Lucie CountyLibrary ImpacfFee Ordinance as to whether
Underline is for addition
Strike Through is for deletion
Interlocal Agreement (Draft #1 )
Library Impact Fee
Port 81. Lucie
Print Date: 05/05/00
-4-
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to accept an offer by a developer to cQnstruct part of a library improvement project
in lieu of payment of all or part of the library impact fee.
2
3
4
6.
Nothing in this Amended and RestatedAgreement is intend
of final authority for the use and expenditure of i
County pursuant to the Library ImpªctFee 0
5
6
7
8
7.
This Amended and>Restated Agreemente
parties. There are no promises, tef01s,cO
contained herein; al1dthis Amended a
previous communications, represen
between the parties hereto.
verbal or written
9
8.
The Amended and
document signed by
Luci County, Flo .
be amended by a written
the Clerk of the Circuit Court of St.
9.
Agreement $hall> be effective for a period of ten (10)
October 1, 2000; f:)ro'lided that either
n of this Amended and Restated A reement ma
termination or 2. im osition of the libra
state law or 3. u on breach of the a reement b a
ure to cure the breach within a reasonable time eriod not to exceed
The termination of this Amended and Restated Agreement
Underline is for addition
8trilœ Through is for deletion
Interlocal Agreement (Draft #1 )
Library Impact Fee
Port St. Lucie
Print Date: 05/05/00
-5-
7
8 IN WITNESS WHER.EOF, the parties
9 duly authorized
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ATTEST:
shall not require the County to refund any monies collected by the City and remitted
to the County pursuant to this Amended and Restated Agreement. The Amended
and Restated Agreement may be extended upon mutual agreement of both parties.
Court of S1. Lucie<Cûunty, Florida,
OUNTY COMMISSIONERS
CIE COUNTY, FLORIDA
DATE
APPROVED AS TO FORM AND
CORRECTNESS:
Underline is for addition
Stril(e Through is for deletion
Interlocal Agreeme!nt (Draft #1 )
Library Impact Fee
Port St. Lucie
Print Date: 05/05/00
-6-
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CITY OF PORT ST. LUCIE, FLORIDA
Deputy Clerk
Interlacel Agreement (Draft #1 )
Library Impact Fee
Port 51. Lucie
Print Date: 05/05/00
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AMENDED AND RESTATED
INTERLOCAL AGREEMENT
(PARKS IMPACT FEES)
7
THIS
8 State of
9 a Florida
10 participation in the COLJnty's parks Trnpactfeepr
11
12 WHEREAS, Count y originally adopted a parksi
13 1996; and
14
15 WHEREAS, said fee is to be effectè
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24 1.
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WHEREAS, County wishestø
of County;
on December 12,
Interlocal Agreement (Draft #1 )
Parks Impact Fee
Port St. Lucie
Print Date: 05/05/00
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2.
The County and the City agree that the County's parks impact fee ordinance shall
be effective within the City's jurisdiction unless this Amended and Restated
Agreement is terminated as hereinafter provided.
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3
4
5
3.
The City agrees to:
6
7
a.
Collect the applicable impact fee as
issuing any building permit, mobile
recreational vehicle park within the C
8
9
b.
ermit mobile home
b.Ç.
thirty Dercent (30%) of all funds
uction OfthFCC (3%) four (4%) percent
be kept by City as a fee for administration
mitting the funds. City shall remit the collected funds
ayment being made to County by the 15th day of
Contact e ounty Administrator or his designee when a building permit,
mobil ome permit, or electrical permit for a recreational vehicle park is
d for that is not specifically listed in the ordinance and to collect the fee
s determined for that use by the County Administrator or his designee.
Underline is for addition
€:tril(£ TRrel:J~R is for deletion
Interlocal Agreement (Draft #1 )
Parks Impact Fee
Port St. Lucie
Print Date: 05/05/00
-2-
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å ª. Notify the County Administrator or his designee of any application for impact
fee refund received by the City. In the event of any reauest for refund. it is
hereby agreed that the Citv and the County shall. individuallv. onlv be
res onsible to refund that ortion of the Parks 1m act Fee ined b the
Cit
otherwise rescribed in Section 1-15-
Compiled Laws
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3
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5
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9
e f. Notify the County Administrator w
paying all or part of the parks impa
improvement project shown in
to the implementation
thereof.
f g. To expend the i
parks impr .
the City to construct part or all of a
he City's or County's comprehensive
for sites identified in the Comprehensive
unty armless should any suit or legal action be brought to
s expenditure of impact fee funds or the amount of the
e fee retained b the Cit . The City agrees to provide any legal
necessary at no cost to County. Should any Court order any refund
impactfee or the amount of the administrative fee retained bvthe City
Underline is for addition
€:trilcc Tt=lreugl'1 is for deletion
Interlocal Agreement (Draft #1 )
Parks Impact Fee
Port St. Lucie
Print Date: 05/05/00
-3-
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or should any refund be agreed to by City, saffi the refund shall be paid
solely by City.
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3
4
5
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hi:. To provide the County an annual report on October
financial reports and information pertainin to the c
of park impact fees by the City.
7
8
4.
County agrees:
a.
To provide to City administrative pr
in setting up bookkeeping and
City to collect the fee.
ures necessary for
b.
Including the name, address,
ch building permit, mobile home
tional vehicle park issued by any City
lecting agency.
ortion of the impact fee funds 'vvithin the benefit
to construct part or all of a parks
Ject shown in the St. Lucie County Comprehensive Plan or
e 0 the implementation thereof.
t as provided in Section 3g h, to hold City harmless should any suit or
gal action be brought to contest the validity of any impact fee ordinance or
Underline is for addition
Strike T~r6ug~ is for deletion
Interlocal Agreement (Draft #1)
Parks Impact Fee
Port St. Lucie
Print Date: 05/05/00
-4-
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to contest the amount of any impact fee imposed pursuant to the impact fee
ordinance. The County agrees to provide any legal defense necessary at no
cost to City. Should any Court order any refund of any impact fee or should
any refund be agreed to by County, said the refund id solely by
County and the Cit to the extent of ercenta e
respective entity.
2
3
4
5
6
7
8
To provide the City, upon request, fi
the amount of impact fees collected
e.
5.
The Board of County Commissioners
Section 1-15-37 ofthe St. Lucie C
to accept an offer by a develo
lieu of payment of all or p
thority pursuant to
dinance as to whether
rk improvement project in
6.
ment is intended to deprive the County
Iture of impact fee monies received by the
Impact Fee Ordinance.
7.
Agreement embodies the whole understanding of the
romises, terms, conditions or obligations other than those
d this Amended and Restated Agreement shall supersede all
nications, representations, or agreements, either verbal or written,
Underline is for addition
8tfil(c Tl=lr6l:Jgl=I is for deletion
Interlocal Agreement (Draft #1 )
Parks Impact Fee
Port 81. Lucie
Print Date: 05/05/00
-5-
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2
8.
The Amended and Restated Agreement may only be amended by a written
document signed by both parties and filed with the Clerk of the Circuit Court of St.
Lucie County, Florida.
3
4
5
6
9.
This Amended and Restated Agreement shall b
five (5) years beginning JaF1UafY 1, 1996 0
7
8
'it'f'itteF1 F1oticc. Termination of this Amend
The Amended and Res
onies collected by the City
tIT ed and Restated Agreement.
!01; extended upon mutual agreement
10.
Agreement shall be filed with the Clerk of the Circuit
a, prior to its effectiveness.
parties hereto have caused the execution hereof by their
o the dates stated below.
Underline is for addition
ßtrilœ Ti"treuSR is for deletion
Interlocal Agreement (Draft #1 )
Parks Impact Fee
Port St. Lucie
Print Date: 05/05/00
-6-
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ATTEST:
BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY, FLORIDA
Deputy Clerk
CITY OF PORT ST. LUCIE, FLORIDA
Mayor
DATE:
Underline is for addition
Strike T~roug~ is for deletion
Interlocal Agreement (Draft #1 )
Parks Impact Fee
Port S1. Lucie
Print Date: 05/05/00
-7-
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APPROVED AS TO FORM AND
CORRECTNESS:
Interlocal Agreement (Draft #1 )
Parks Impact Fee
Underline is for addition
Strilœ TRf6UgR is for deletion
Port 51. Lucie
Print Date: 05/05/00
-8-
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...""",
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5
6
AMENDED AND RESTATED
INTERLOCAL AGREEMENT
(PUBLIC BUILDINGS IMPACT FEES)
7
THIS AMENDED AND RESTATED AGREEMENT entered int
,2000, by and between ST. LUCIE C
day of
8 State of Florida, hereinafter referred to as "County"
9 a Florida municipal corporation, hereinafter referr
10 participation in the County's public buildings impa
11
12 WHEREAS, County originally adopted a public
13 January 1, 1996; and
14
15 WHEREAS, said fee is to be effected
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26
WHEREAS, County wishes to
ee as an agent of County;
terlocal Agreement on December 12,
nd restate as set forth herein.
d Restated Agreement is entered into pursuant to Section
a Statutes, Interlocal Cooperation Act.
Underline is for addition
8triltc Thfough is for deletion
Interlocal Agreement (Draft #1 )
Public Buildings Impact Fee
Port St. Lucie
Print Date: 05/05/00
-1-
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2.
The County and the City agree that the County's public building impact fee
ordinance shall be effective within the City's jurisdiction unless this
Agreement is terminated as hereinafter provided.
2
3
4
5
3.
The City agrees to:
6
7
a.
Collect the applicable impact
prior to issuing any building p
permit for a recreational vehi
~
ermit mobile home
City.
, Tta remit to County eighty four
lIected as impact fees, after the deduction
percent of the funds collected which shall be
e for administration for collecting and transmitting
shall remit the collected funds monthly to County, with
eing made to County by the 15th day of the following
Contact the County Administrator or his designee when a building
permit, mobile home permit, or electrical permit for a recreational
Underline is for addition
8tril((; TRreu~R is for deletion
Interlocal Agreement (Draft #1 )
Public Buildings Impact Fee
Port St. Lucie
Print Date: 05/05/00
-2-
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vehicle park is applied for that is not specifically listed in the ordinance
and to collect the fee as determined for that use by the County
Administrator or his designee.
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3
4
5
6
å ª. Notify the County Administrator or
impact fee refund received by t
for refund it is hereb a re
7
8
9
e f. Notify the Count
of paying a
veloper in the City, in lieu
uilding impact fee, offers to
improvement project shown in the
Citv's or County's
propriate to the implementation thereof.
Impact funds retained by the City for capital
or land acquisition related to the City's public building
hold the County harmless should any suit or legal action be
brought to contest the City's expenditure of impact fee funds or the
amount of the administrative fee retained by the City. The City agrees
Underline is for addition
Strike TI=tr6LJgl=t is for deletion
Interlocal Agreement (Draft #1 )
Public Buildings Impact Fee
Port St. Lucie
Print Date: 05/05/00
-3-
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to provide any legal defense necessary at no cost to County. Should
any court order any refund of any impact fee or the amount of the
administrative fee retained bv the Citv or should any refund be agreed
to by City, said the refund shall be paid solei by Cit
4
5
6
hi. To provide the County on Oct
reports and information perta'
of public building impact fees
7
8
9
4.
County agrees:
a.
To provide
assistance
s and administrative
other accounting
pact fee including the name, address,
strict for each building permit, mobile home
ical permit for a recreational vehicle park issued by
as furnished by the collecting agency.
To expend the impact funds retained bv the
County for capital improvements or land acauisition related to the
Countv's public buildina needs.
Underline is for addition
Strilte TRF6I:J~R is for deletion
Interlocal Agreement (Draft #1 )
Public Buildings Impact Fee
Port 51. Lucie
Print Date: 05/05/00
-4-
'-'
....,
d. Except as provided in Section 3g h, to hold City harmless should any
suit or legal action be brought to contest the validity of any impact fee
ordinance or to contest the amount of any impact fee imposed
pursuant to the impact fee ordinance. The C unty a s to provide
any legal defense necessary at n cost to ould any Court
order any refund of any impact f d be agreed
by County, said the refund sh nd t It
to the extent of ercenta e of
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e.
To provide the City, upon re
showing the amount of i
building benefit distr'
Underline is for addition
StrUt£: Thf6ugh is for deletion
Interlocal Agreement (Draft #1 )
Public Buildings Impact Fee
-5-
hin each the public
Port St. Lucie
Print Date: 05/05/00
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6~ The Board of County Commissioners shall have the final authority pursuant
to Section 1-19-07 of the St. Lucie County Public Buildings Impact Fee
Ordinance as to whether to accept an offer by a developer to construct part
of a public building improvement project in lieu of pay ent of r part of the
public buildings impact fee.
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4
5
6
7
1- 6. Nothing in this Amended and Restat
County of final authority and respo
impact fee monies received by the C
Ordinance.
8
9
8I.
e whole understanding
ditions or obligations other
aed and Restated Agreement
unications, representations, or
of the parties. There ar
than those contain
stated Agreement may only be amended by a written
parties and filed with the Clerk of the Circuit Court
lorida.
d and Restated Agreement shall be effective for a period of teft
years beginning J8Ruary 1, 1 Ð96 October 1. 2000; provided
. . Termination of this Amended and
Underline is for addition
Strilte TRf6ugl'l is for deletion
Interlocal Agreement (Draft #1 )
Public Buildings Impact Fee
Port St. Lucie
Print Date: 05/05/00
-6-
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12
441Q This Agreement shall be filed wi
County, Florida, prior to its
Restated Agreement may only occur if: 1.) both parties agree to the
termination. or. 2.) imposition of the public buildinas impact fee is not
allowed by state law. or. 3.) upon breach of the agreement by a party and
failure to sure the breach within a reasonable time eriod not xceed forty-
five (45) days. The termination of this A ted Agreement
shall not require the County to refund
remitted to the County pursuant to thO
The Amended and Restated Agre
agreement of both parties.
1
2
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5
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9
10
it Court of St. Lucie
13
14 IN WITNESS WHEREOF, the p
15 duly authorized officials on th
16
17
18 BOARD OF COUNTY COMMISSIONERS
19 ST. LUCIE COUNTY, FLORIDA
20
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24 Chairman
25
2 6 DATE
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Underline is for addition
Striltc TRf6ugh is for deletion
Interlocal Agreement (Draft #1 )
Public Buildings Impact Fee
Port St. Lucie
Print Date: 05/05/00
-7-
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APPROVED AS TO FORM AND
CORRECTNESS:
BY:
Deputy Clerk
APPROVED AS TO FORM AND
CORRECTNESS:
BY:
City Attorney
Underline is for addition
8trilœ TRf61:J{:JR is for deletion
Interlocal Agreement (Draft #1 )
Public Buildings Impact Fee
Port St. Lucie
Print Date: 05/05/00
-8-
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1 SECOND AMENDED AND RESTATED
2 INTERLOCALAGREEMENT
3 (ROAD IMPACT FEES)
4
5
6 THIS AGREEMENT entered into this day of
7 between ST. LUCIE COUNTY, a political subdivision
8 referred to as "County", and the CITY OF FT. PIE
9 hereinafter referred to as "City" providing for the Ci
10 Impact Fee program.
11
12 WHEREAS, County originally adopted a roads im
13 1986; and
14
15 WHEREAS, said fee is to be effected
16
1 7 WHEREAS, County wishes to a
18
19
20
rlocal Agreement on the collection of
21
22 arties agreed to amend and restate the original
23 of roads impact fees for the purpose of establishing
24 of t. Pierce where road impact fee collections could be
25 ns ofthe 2020 Metropolitan Planning Organizations (MPO)
26 Plan that certain portions of the City were essentially
27 new development activity in those areas would be redevelopment
28 t be impacting the areas transportation network with new vehicle trip
29
30
31 WH AS, the April 23, 1996, the amended interlocal agreement identified specific Traffic
32 Analysis Zones (TAZ's) that the collection of Road Impact Fees could be deferred until it
Interlocal Agreement (Draft #1 )
Roads Impact Fee
1
Ft. Pierce
Print Date: 05/05/00
~
...."
1 was demonstrated through the MPO Long Range Plan that additional traffic impacts were
2 being generated from these zones or that it was mutually agreed to amend this Interlocal
3 Agreement to add or delete one or more specific T AZ zone.
4
5 WHEREAS, On August 26, 1997, the parties agreed to amend th
6 Interlocal Agreement on the collection of roads impac es fo
7 T AZ #68 from deferral zone 3.
8
9 WHEREAS, County has amended, through Or
10 schedules to provide for a two year phase-in of t
11 October 1,2000.
12
13
14
WHEREAS, the parties now desire to amend
on the collection of roads impact fees as
. terlocal Agreement
15
16
1 7 NOW, THEREFORE, IT IS AGR
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1.
tered into pursuant to Section 163.01
2.
at the County's road impact fee ordinance shall be
ity's risdiction except as provided for in Section 5 of this
agreement is terminated as hereinafter provided.
ollect the applicable impact fee as specified in County's ordinance prior to
issuing any building permit, mobile home permit, or electrical permit for a
recreational vehicle park within the City's jurisdiction.
Interlocal Agreement (Draft #1 )
Roads Impact Fee
2
Ft. Pierce
Print Date: 05/05/00
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b.
To maintain all records of the impact fee includina the name. address.
amount paid and benefit district for each buildina permit. mobile home
permit. or electrical permit for a recreational vehicle park issued by the City.
3
4
5
Ðj!. To remit to County all funds collected asi
three percent (3%) four percent (4%)
kept by the City as a fee for administr
funds and with the further exceptio
which shall be kept by the City for u
on arterial and collector roads identi
County's thoroughfare plan a
Roads Impact Fee Eligibili
monthly to the County, pay
day of the followin nth.
it the collected funds
to the County by the 15th
6
7
8
9
Q.
dministrator or his designee when a building permit,
mit, or electrical permit for a recreational vehicle park is
t at is not specifically listed in the ordinance and to collect the fee
ined for that use by the County Administrator or his designee.
otify County Administrator or his designee of any application for impact fee
refund received by the City. In the event of any reauest for refund. it is
herebv aareed that the Citv and the County shall. individuallv. onlv be
Interlocal Agreement (Draft #1)
Roads Impact Fee
Ft. Pierce
Print Date: 05/05/00
3
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responsible to refund that portion of the Roads Impact Fee retained bv the
City or the County. minus an administrative fee of three (3%) percent. or as
otherwise prescribed in Section 1-17-32 of the St. Lucie County Code and
Compiled Laws.
ego Notify the County Administrator when
all or part of the road impact fee, offe
collector road improvement proje
Comprehensive Plan, Metropolitan Pia
Eligibility Networks, City of Ft. Pierc~
appropriate to the implementati
ß. To hold the Count
To pr e to City administrative procedures and administrative assistance
ing up bookkeeping and other accounting procedures necessary for
ity to collect the fee.
b. To maintain all records of the impact fee including the name, address,
Interlocal Agreement (Draft #1 )
Roads Impact Fee
4
Ft. Pierce
Print Date: 05/05/00
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amount paid and benefit district for each building permit, mobile home
permit, or electrical permit for a recreational vehicle park issued by any City
or County as furnished by the collecting agency.
2
3
4
5
To consult with City
regard to expenditure of any impact fe
to County and at the request of the C'
for a period of time reasonably suffi
Board of County Commissioners 0
expenditures.
c.
6
7
8
d.
I n the case of redevelopme
shall be made by the C' .
e.
the provisions of Section 5 of this
uld any suit or legal action be brought
ct fee ordinance or to contest the amount
osed pursuant to the impact fee ordinance. The
e any legal defense necessary at no cost to City.
er any refund of any impact fee or should any refund
ounty, said refund shall be paid solely by the County and
e extent of percentage of fees retained by each respective
home permits, or elcctrical pcrmits for rccrcatioF1al vcl=liclc parks issued
witl=liF1 the City shall, for the purposes ofSectioR 336.025 Florida Statutes, be
Interlocal Agreement (Draft #1 )
Roads Impact Fee
5
Ft. Pierce
Print Date: 05/05/00
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\.of
...."
1
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considered bot ::¡ City and COURty traRspoRation expcRditures at t ::¡8 time of
collcctioR for the purposcs of SectioR 336.025, Florida Statutes. ßoth parties
agrec t ::¡at Reither party will considcr t ::¡8 actual cxpenditure of funds as
3
_:{w·
4
5
6
g. f.. To provide the City, upon request, fina
the amount of impact fees collected
7
8
9
5.
The city and county jointly agree:
a.
That portions of the City have
potential based upon curre
designations.
maximum buildout
plan and local zoning
b.
e portions of the City described in
the attached exhibit "A", will be
rcial residential uses and that the addition,
industrial square footage or residential
evels currently found in these areas will have a
he capital transportation needs of the areas described
e 2020 Metropolitan Planning Organization's Long Range
n Plan.
nowledge the suspension of the collection of any impact fees in the
lIowing T AZ (Traffic Analysis Zones):
Interlocal Agreement (Draft #1 )
Roads Impact Fee
6
Ft. Pierce
Print Date: 05/05/00
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suspension area #1
3
Zone Numbers:
1, 2, 3, 4, 5, 6, 25, 116 and 129
4
5
suspension area #2
6
7
8
Zone Numbers:
9
suspension area #3
Zone Numbers:
5, 17,
, 141, 142, 143, 144, 145,
, 150, 151, 154, 155 and 194.
30, less the area between the Atlantic Intercostal
Waterway and a line drawn perpendicular to the
causeway, 200 feet, more or less, east of
Bayshore Drive.
o acknowledge that the establishment and continued designation of these
suspension areas is, at a minimum, subject to review and modification every
five (5) years as part of the required updates to the MPO's Long Range
Interlocal Agreement (Draft #1)
Roads Impact Fee
7
Ft. Pierce
Print Date: 05/05/00
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Transportation Plan.
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To acknowledge that the establishment and continued designation of these
suspension areas is subject to review with any a I¡cati or land use
change in the designated suspension are s.
e.
4
5
6
7
f.
To acknowledge joint responsibility t
forward challenging the provisions
8
6.
The Board of County Commissioners sh
Section 1-17-30(B) of the St. Lucie C
whether to accept an offer by a d
project in lieu of payment of a
7.
nt is intended to deprive the County
and expenditure of impact fee monies
8.
reement embodies the whole understanding of the
pro Ises, terms, conditions or obligations other than those
is Amended and Restated Agreement shall supersede all
tions, representations, or agreements, either verbal or written,
rties hereto.
ended and Restated Agreement may only be amended by a written
document signed by both parties and filed with the Clerk of the Circuit Court of St.
Lucie County, Florida.
Ft. Pierce
Print Date: 05/05/00
Interlocal Agreement (Draft #1 )
Roads Impact Fee
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1 10. This Amended and Restated Agreement shall be effective for a period often (10)
2 five (5) years beginning January 1, 1996 October 1, 2000; pro'v'ided that cither
3 party may tcrminate the Amendcd and Restated Agrecmcnt on one (1) ycar's prior
4 'vVrittcn notice. Termination of this Amended and Restate, A re
5
6
7
im act fee is not allowed b state law or 3.
art and failure to cure the breach within
forty-five (45) davs. The termination of t
shall not require the County to refund any m
to the County pursuant to this Amended an
and Restated Agreement may be exte
ent of both parties.
8
9
11. This Amended and Restated
ith the Clerk of the Circuit
e caused the execution hereof by their duly
ted below.
BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY, FLORIDA
Chairman
DATE
Interlocal Agreement (Draft #1 )
Roads Impact Fee
9
Ft. Pierce
Print Date: 05/05/00
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APPROVED AS TO FORM AND
CORRECTNESS:
APPROVED AS TO FORM AND
CORRECTNESS:
BY:
City Attorney
Interlocal Agreement (Draft #1)
Roads Impact Fee
10
Ft. Pierce
Print Date: 05/05/00
8 ,2000, by and between ST. LUCIE
9 State of Florida, hereinafter referred to as "Count
10 Florida municipal corporation, hereinafter referr
11 participation in the County's impact fee program.
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AMENDED AND RESTATED
INTERLOCAL AGREEMENT
(LIBRARY IMPACT FEES)
THIS AMENDED AND RESTATED AGREEMENT e tered i
day of
WHEREAS, said fee is to be effecte
County and City; and
WHEREAS, County wishes to
fee as an agent of County;
nterlocal Agreement on April 23, 1996,
restate as set forth herein.
stated Agreement is entered into pursuant to Section 163.01,
, Interlocal Cooperation Act.
Underline is for addition
Strilœ Thfeu~t:I is for deletion
Interlocal Agreement (Draft #1)
Library Impact Fee
Ft. Pierce
Print Date: 05/05/00
-1-
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2.
The County and the City agree that the County's library impact fee ordinance shall
be effective within the City's jurisdiction unless this Agreement is terminated as
hereinafter provided.
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3
4
5
3.
The City agrees to:
6
7
Collect the applicable impact fee as
issuing any building permit, mobile
recreational vehicle park within the C
a.
b.
e name address
bç.
impact fees, after the deduction of
nds collected which shall be kept by
collecting and transmitting the funds. City
d funds monthly to County, with payment being made
of the following month.
nty Administrator or his designee when a building permit,
permit, or electrical permit for a recreational vehicle park is
or that is not specifically listed in the ordinance and to collect the fee
ermined for that use by the County Administrator or his designee.
Underline is for addition
6trilte TI'lf6l:Jgl'I is for deletion
Interlocal Agreement (Draft #1)
Library Impact Fee
Ft. Pierce
Print Date: 05/05/00
-2-
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..."
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d -ª. Notify the County Administrator or his designee of any application for impact
fee refu nd received by the City.
e f. Notify the County Administrator when a develope
paying all or part of the library impact fee, ffers to
improvement project shown in the St.
appropriate to the implementation th
9.. To hold the Count harmless shoul
administrative fee retained b
City.
strative procedures and administrative assistance
ping and other accounting procedures necessary for
fee.
ain all records of the impact fee including the name, address,
nt paid and benefit district for each building permit, mobile home
Underline is for addition
Strike Tl=lreu§R is for deletion
Interlocal Agreement (Draft #1 )
Library Impact Fee
Ft. Pierce
Print Date: 05/05/00
-3-
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permit, or electrical permit for a recreational vehicle park issued by any City
or County as furnished by the collecting agency.
2
3
4
5
6
To consult with City in regard to expenditures of any i
collected by City and remitted to County and, wh
impact fee funds to construct part or a libr
shown in the St. Lucie County Com
implementation thereof and to furt
proposed expenditure of such funds
delay such proposed expenditure f
to allow City's Cou ncil to advise
of any objections it may ha
t fee funds
c.
7
8
e reasonably sufficient
nty Commissioners
d.
To hold City harml
the validity of a
impact fee .
I action be brought to contest
or to contest the amount of any
impact fee ordinance. The County
any Ie nse necessary at no cost to City. Should
und of any impact fee or should any refund be agreed
shall be paid solely by County.
y, upon request, financial reports and information showing
f impact fees collected within each library benefit district.
f County Commissioners shall have the final authority pursuant to
1-11-17 ofthe St. Lucie County Library Impact Fee Ordinance as to whether
Underline is for addition
Btrilœ TRreu§R is for deletion
Interlocal Agreement (Draft #1)
Library Impact Fee
Ft. Pierce
Print Date: 05/05/00
-4-
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18 9.
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1
to accept an offer by a developer to construct part of a library improvement project
in lieu of payment of all or part of the library impact fee.
2
3
4
6.
Nothing in this Amended and Restated Agreement is intend
of final authority and responsibility for the use and xpendi
collected pursuant to the Library Impact Fee
5
6
7
8
7.
This Amended and Restated Agreement e
parties. There are no promises, terms, con
contained herein; and this Amended and
previous communications, representati
between the parties hereto.
erverbalorwritten,
9
8.
y be amended by a written
the Clerk of the Circuit Court of St.
document signed by b
Lucie County, Flor'
tion of this Amended and Restated A reement ma
ure to cure the breach within a reasonable time eriod not to exceed
The termination of this Amended and Restated Agreement
Underline is for addition
€:trilœ Hlf6t1§t:I is for deletion
Interlocal Agreement (Draft #1 )
Library Impact Fee
Ft Pierce
Print Date: 05/05/00
-5-
5 10. This Agreement shall be filed with the Clerk ofth
6 Florida, prior to its effectiveness.
7
8 IN WITNESS WHEREOF, the parties hereto hav
9 duly authorized officials on the dates stated below.
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ATTEST:
'-"
....,
shall not require the County to refund any monies collected by the City and remitted
to the County pursuant to this Amended and Restated Agreement. The Amended
and Restated Agreement may be extended upon mutual agreement of both parties.
COMMISSIONERS
NTY, FLORIDA
Chairman
APPROVED AS TO FORM AND
CORRECTNESS:
BY:
County Attorney
Underline is for addition
Strike Tttl'6l:JS A is for deletion
Interlocal Agreement (Draft #1 )
Library Impact Fee
Ft. Pierce
Print Date: 05/05/00
-6-
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'fttJ
CITY OF FT. PIERCE, FLORIDA
Deputy Clerk
Underline is for addition
6trilœ TRrel:l~R is for deletion
Interlocal Agreement (Draft #1 )
Library Impact Fee
Ft. Pierce
Print Date: 05/05/00
-7-
11
12 WHEREAS, County originally adopted a parks i
13 1996; and
14
15 WHEREAS, said fee is to be effected
16
1 7 WHEREAS, County wishes to a
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'w1I
1
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AMENDED AND RESTATED
INTERLOCAL AGREEMENT
(PARKS IMPACT FEES)
7
8
THIS AMENDED AND RESTATED AGREEMENT entered in
,2000, by and between ST. LUCIE CO
State of Florida, hereinafter referred to as "County" d the C
Florida municipal corporation, hereinafter referr
participation in the County's impact fee program.
day of
9
WHEREAS,fuepa~eso(
which th
erlocal Agreement on April 23, 1996,
ate as set forth herein.
1.
ted Agreement is entered into pursuant to Section 163.01,
ocal Cooperation Act.
Underline is for addition
6trilœ TRF6UgR is for deletion
Interlocal Agreement (Draft #1 )
Parks Impact Fee
Ft. Pierce
Print Date: 05/05/00
-1-
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2.
The County and the City agree that the County's parks impact fee ordinance shall
be effective within the City's jurisdiction unless this Agreement is terminated as
hereinafter provided.
2
3
4
5
3.
The City agrees to:
6
7
Collect the applicable impact fee as
issuing any building permit, mobile
recreational vehicle park within the
a.
8
9
Q"
e name address
ermit mobile home
eç.
all funds collected as impact fees,
r 4% percent of the funds collected
fee for administration for collecting and
City shall remit the collected funds monthly to
ng made to County by the 15th day of the following
ounty Administrator or his designee when a building permit,
orne permit, or electrical permit for a recreational vehicle park is
d for that is not specifically listed in the ordinance and to collect the fee
s determined for that use by the County Administrator or his designee.
Underline is for addition
Strilte Tl=lf6u§1=I is for deletion
Interlocal Agreement (Draft #1 )
Parks Impact Fee
Ft. Pierce
Print Date: 05/05/00
-2-
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a §.. Notify the County Administrator or his designee of any application for impact
fee refund received by the City. In the event of any reauest for refund. it is
herebv agreed that the City and the County shall. individually. onlv be
res onsible to refund that ortion of the Parks 1m act Fee Ined b the
Cit
otherwise rescribed in Section 1-15
ComDiled Laws.
2
3
4
5
6
7
8
e 1. Notify the County Administrator w
paying all or part of the parks impa
to the implementation
thereof.
f g. To expend the i
parks impr
the City to construct part or all of a
the City's or County's comprehensive
for sites identified in the Comprehensive
unty armless should any suit or legal action be brought to
s expenditure of impact fee funds or the amount of the
e fee retained b the Cit . The City agrees to provide any legal
necessary at no cost to County. Should any Court order any refund
impact fee or the amount of the administrative fee retained by the City
Underline is for addition
Strilte TI=U6l1gR is for deletion
Interlocal Agreement (Draft #1 )
Parks Impact Fee
Ft. Pierce
Print Date: 05/05/00
-3-
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or should any refund be agreed to by City, S8i6 the refund shall be paid
solely by City.
2
3
4
7
hi. To provide the County an annual report on October
financial reports and information pertainin
of park impact fees by the City.
5
6
8
4.
County agrees:
a.
To provide to City administrative pr
in setting up bookkeeping and
City to collect the fee.
inistrative assistance
ures necessary for
b.
Including the name, address,
ch building permit, mobile home
tional vehicle park issued by any City
lecting agency.
ortion of the impact fee funds 'iy'itl<1if1 tl<1c bCf1efit
to construct part or all of a parks
Ject shown in the St. Lucie County Comprehensive Plan or
the implementation thereof,
t as provided in Section 3g h, to hold City harmless should any suit or
gal action be brought to contest the validity of any impact fee ordinance or
Underline is for addition
Btfil(c TRf61:1gR is for deletion
Interlocal Agreement (Draft #1 )
Parks Impact Fee
Ft. Pierce
Print Date: 05/05/00
-4-
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to contest the amount of any impact fee imposed pursuant to the impact fee
ordinance. The County agrees to provide any legal defense necessary at no
cost to City. Should any Court order any refund of any impact fee or should
any refund be agreed to by County, said refund all be Id solely by
County and the Cit to the extent of er enta e ained beach
respective entity.
3
4
5
6
7
8
9
To provide the City, upon request, fi
the amount of impact fees collected
e.
5.
The Board of County Commissioners
Section 1-15-37 of the St. Lucie C
to accept an offer by a develo
lieu of payment of all or p
rk improvement project in
6.
ment is intended to deprive the County
use and expenditure of impact fee monies
k Impact Fee Ordinance.
7.
estat d Agreement embodies the whole understanding of the
romises, terms, conditions or obligations other than those
d this Amended and Restated Agreement shall supersede all
nications, representations, or agreements, either verbal or written,
Underline is for addition
StrUm TI'lf6l:1gl'1 is for deletion
Interlocal Agreement (Draft #1 )
Parks Impact Fee
Ft. Pierce
Print Date: 05/05/00
-5-
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1
8.
The Amended and Restated Agreement may only be amended by a written
document signed by both parties and filed with the Clerk of the Circuit Court of St.
Lucie County, Florida.
2
3
4
5
6
9.
This Amended and Restated Agreement shall b
five (5) years beginning January 1, 1 ~~6 Oa
7
8
9
'Nritten notice. Termination of this Amend
im act fee is not allowed b state law or
forty-five (45) davs. The termin .
shall not require the County to nd a
to the County pursuant to
and Restated Agreeme
Restated Agreement
d by the City and remitted
d Agreement. The Amended
mutual agreement of both parties.
10.
erk ofthe Circuit Court of St. Lucie County,
e pa les hereto have caused the execution hereof by their
dates stated below.
Underline is for addition
8tfil(c TRfel:J~R is for deletion
Interlocal Agreement (Draft #1 )
Parks Impact Fee
Ft. Pierce
Print Date: 05/05/00
-6-
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...""
ATTEST:
BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY, FLORIDA
Deputy Clerk
DATE:
. PIERCE, FLORIDA
Mayor
APPROVED AS TO FORM AND
CORRECTNESS:
BY:
City Attorney
Underline is for addition
€;triltc T~r6ug~ is for deletion
Interlocal Agreement (Draft #1 )
Parks Impact Fee
-7-
Ft. Pierce
Print Date: 05/05/00
'-'
...."
1
2
3
4
5
6
AMENDED AND RESTATED
INTERLOCAL AGREEMENT
(PUBLIC BUILDINGS IMPACT FEES)
7
THIS AMENDED AND RESTATED AGREEMENT entered int
,2000, by and between ST. LUCIE CO
day of
8 State of Florida, hereinafter referred to as "Count
9 Florida municipal corporation, hereinafter referre
10 participation in the County's public buildings impa
11
12 WHEREAS, County originally adopted a public
13 January 1, 1996; and
14
15 WHEREAS, said fee is to be effected
16
17
18
19
20
21
22
23
24
25
26
WHEREAS, County wishes to
ee as an agent of County;
terlocal Agreement on April 23, 1996,
tate as set forth herein.
1.
ated Agreement is entered into pursuant to Section 163.01,
In erlocal Cooperation Act.
Underline is for addition
Stril(c Tl=lreugl=l is for deletion
Interlocal Agreement (Draft #1 )
Public Buildings Impact Fee
Ft. Pierce
Print Date: 05/05/00
-1-
8
9
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4
5
2.
The County and the City agree that the County's public building impact fee
ordinance shall be effective within the City's jurisdiction unless this Agreement is
terminated as hereinafter provided.
The City agrees to:
3.
6
a.
Collect the applicable impact fee as sp
issuing any building permit, mobile
recreational vehicle park within the
7
b.
Except as provided in Paragraph 5,
impact fees, after the deduction
collected which shall be ke
and transmitting the fu
County, with payme
month.
all funds collected as
ercent ofthe funds
istration for collecting
ollected funds monthly to
y the 15th day of the following
r or his designee when a building permit,
r electrical permit for a recreational vehicle park is
ifically listed in the ordinance and to collect the fee
t use by the County Administrator or his designee.
nty Administrator or his designee of any application for impact
d received by the City.
Underline is for addition
6trilœ TRreugR is for deletion
Interlocal Agreement (Draft #1)
Public Buildings Impact Fee
Ft. Pierce
Print Date: 05/05/00
-2-
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e.
Notify the County Administrator when a developer in the City, in lieu of
paying all or part of the public building impact fee, offers to construct part of
a public building improvement project shown in the 8t. Lucie Couflty
COffipfCReflsi'~'8 rl8R Cit 's or Count's Com rehen ¡ve Pia appropriate
to the implementation thereof.
2
3
4
5
6
7
f.
To expend the impact funds retained
land acquisition related to the City's
g.
To hold the County harmless shou
contest the City's expenditure
al action be brought to
the amount of the
s to provide any legal
ny Court order any refund
inistrative fee retained b the
y City, saiti the refund shall be paid
defense necessary at n
of any impact fee
City. or should a
solely by Ci
on October 1 of each year annual financial reports
to the collection and expenditure of public building
y the City.
Underline is for addition
Strike T~reug~ is for deletion
Interlocal Agreement (Draft #1 )
Public Buildings Impact Fee
Ft. Pierce
Print Date: 05/05/00
-3-
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2
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4
5
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"""
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a.
To provide to City administrative procedures and administrative assistance
in setting up bookkeeping and other accounting procedures necessary for
City to collect the fee.
b.
To maintain all records of the impact f
amount paid and benefit district for
permit, or electrical permit for a recre
or County as furnished by the colle
c.
d.
old City harmless should any suit or
the validity of any impact fee ordinance or
of any impact fee imposed pursuant to the impact fee
grees to provide any legal defense necessary at no
ny Court order any refund of any impact fee or should
greed to by County, said refund shall be paid solely by
Underline is for addition
Strilœ TI"IF6l:1~1"I is for deletion
Ft. Pierce
Print Date: 05/05/00
Interlocal Agreement (Draft #1 )
Public Buildings Impact Fee
-4-
10
11
12
13
14
15
16
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1
2
e.
To provide the City, upon request, financial reports and information showing
the amount of impact fees collected within each the public building benefit
district.
3
4
5
6
7
8
5.
Either the City or the County may determine on a
as appropriate, sixteen (16%) percent of the
part of a public building improvement pro
Comprehensive Plan or appropriate to the
this paragraph, a party must notify the other
days prior to October 1 of each year of it
percent of the fee in accordance with t
notification shall be for one (1)
extended annually as set out i
9
6.
The Board of County
Section 1-19-07 of
ve the final authority pursuant to
IC Buildings Impact Fee Ordinance as
oper to construct part of a public building
f payment of all or part of the library impact fee.
7.
Restated Agreement is intended to deprive the County
onsibility for the use and expenditu re of impact fee monies
o nty to the Public Building Impact Fee Ordinance.
d and Restated Agreement embodies the whole understanding ofthe
There are no promises, terms, conditions or obligations other than those
Underline is for addition
8trilœ Tl9reu~R is for deletion
Interlocal Agreement (Draft #1 )
Public Buildings Impact Fee
Ft. Pierce
Print Date: 05/05/00
-5-
'-'
.....,
1
2
3
contained herein; and this Agreement shall supersede all previous communications,
representations, or agreements, eitherverbal or written, between the parties hereto.
4
5
9.
The Amended and Restated Agreement may only be
document signed by both parties and filed with t e Clerk
Lucie County, Florida.
6
7
8 10. This Amended and Restated Agreement s
9 five (5) years beginning J8f1U8t)' 1, 1 ~96
10
11
12
13
14
15
16
17
18
19
20
21
22
23
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25
ithin a reasonable time eriod
tion of this Amended and Restated
fund any monies collected by the City
this Amended and Restated Agreement.
greement may be extended upon mutual agreement
11.
ated Agreement shall be filed with the Clerk of the Circuit
ounty, Florida, prior to its effectiveness.
EOF, the parties hereto have caused the execution hereof by their
officials on the dates stated below.
Underline is for addition
8trilt6 Tl=lreu§R is for deletion
Interlocal Agreement (Draft #1 )
Public Buildings Impact Fee
Ft. Pierce
Print Date: 05/05/00
-6-
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~
....,
ATTEST:
BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY, FLORIDA
Deputy Clerk
Deputy Clerk
Mayor
APPROVED AS TO FORM AND
CORRECTNESS:
BY:
City Attorney
Underline is for addition
Stril(C Tt-Irougl=l is for deletion
Interlocal Agreement (Draft #1 )
Public Buildings Impact Fee
-7-
Ft. Pierce
Print Date: 05/05/00