HomeMy WebLinkAbout2020-005ORDINANCE NO. 2020 -005
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
INDIAN RIVER COUNTY, FLORIDA, AMENDING TITLE X, IMPACT
FEES, OF THE CODE OF INDIAN RIVER COUNTY, TO AMEND THE
TEXT OF TITLE X FOR LEVEL OF SERVICE STANDARDS USED IN
IMPACT FEE CALCULATIONS AND CLEAN UP REVISIONS AS MAY
BE NECESSARY; AND TO AMEND APPENDIX A, IMPACT FEE
SCHEDULES TO APPROVE NEW IMPACT FEE SCHEDULES FOR
UNINCORPORATED INDIAN RIVER COUNTY AND
MUNICIPALITIES; PROVIDING FOR EFFECTIVE DATE FOR NEW
IMPACT FEE SCHEDULES; AND PROVIDING FOR CODIFICATION;
SEVERABILITY; AND EFFECTIVE DATE.
WHEREAS, to address infrastructure costs associated with new growth, Indian River
County has, since 1986, imposed traffic impact fees on new development. In 2005, the County
adopted impact fees for eight additional services/facilities, also to address infrastructure costs
associated with new growth; and
WHEREAS, since their adoption, impact fees have generated considerable revenue, and
impact fees are now among the largest sources of funding for infrastructure projects in Indian
River County; and
WHEREAS, according to the Indian River County Impact Fee Ordinance, the County
must every five years, consistent with state statute, review and update the impact fee schedules.
Because the last impact fee study was completed in 2014, the County determined that a new
impact fee study was due; and
WHEREAS, staff prepared a scope of services for an impact fee update study,
including fee schedule updates, that was approved by the Board of County Commissioners on
November 20, 2018; and
WHEREAS, the scope of services was incorporated into a Request For Proposals and in
March 26, 2019, the Board of County Commissioners selected Tindale -Oliver & Associates,
Inc. ("Consultant") and entered into a contract for services; and
WHEREAS, as reflected in the Consultant's report, the Consultant has performed the
tasks necessary to update the impact fee schedules, including utilization of the "Affordable
Growth" methodology to calculate impact fees; and
WHEREAS, the Consultant has determined that recommended residential and non-
residential impact fees, using the Affordable Growth methodology, are proportionate in amount
to the need that new growth creates for each category of public improvements for which impact
fees are collected; and
WHEREAS, based on anticipated growth projections, the County's 5 -year capital
improvement plan needs, and the County's policy to stimulate economic development, County
ORDINANCE NO. 2020 -005
impact fees for correctional facilities, solid waste facilities, and library facilities are suspended,
pending further trend evaluation during the next scheduled impact fee methodological update;
and
WHEREAS, the Consultant has determined that the Affordable Growth methodology, is
technically sound and warranted, and, based on projected non -impact fee revenues, will result in
maintaining level of service standards used in the Consultant's report; and
WHEREAS, the Board of County Commissioners has determined that the Consultant's
update, the Affordable Growth methodology utilized to reduce impact fees and staff
recommended impact fee rates are acceptable; and
WHEREAS, the Consultant, in coordination with staff, developed the proposed impact
fee schedules based upon the Consultant's report, impact fee update, and Affordable Growth
methodology; and.
WHEREAS, the Consultant has prepared an impact fee schedule, including a school
impact fee component, based on the Affordable Growth/Staff Scenario methodology; and
WHEREAS, in response to a request by the Board of County Commissioners, after
advisement of the Affordable Housing Advisory Committee, new land use categories were
created in the impact fee schedule to eliminate impact fees for single family homes of less than
1,000 square feet for households with incomes below 80% of area median income and to reduce
impact fees for single family homes of between 1,000 and 1,500 square feet for households with
incomes below 80% of area median income; and
WHEREAS, the impact fee schedule was updated to replace old land use categories
classified by the Institute of Transportation Engineers 9`h Edition with new land use categories
based on the Institute of Transportation Engineers 10`h Edition; and
WHEREAS, staff advertised for a public hearing to be held on March 10, 2020, and also
provided 30 days' notice to each municipality and to the school board as required by each
impact fee agreement between the County and each municipality, and the County and school
board.
NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of
Indian River County, Florida that:
Section 1. Enactment Authority.
Article VIII, section 1 of the Florida Constitution and chapter 125, Florida Statutes vest broad
home rule powers in counties to enact ordinances, not inconsistent with general or special law,
for the purpose of protecting the public health, safety and welfare of the residents of the county.
The Indian River County Board of County Commissioners specifically determines that the
enactment of this ordinance is necessary to protect the health, safety and welfare of the residents
of Indian River County.
2
ORDINANCE NO. 2020-005
Section 2. Amendment of Title X (IMPACT FEES).
New language indicated by underline, and deleted language indicated by st-rikethfaugh.
Title X (IMPACT FEES) of the Code of Indian River County, Florida is hereby amended to read
as follows:
CHAPTER 1002. - EMERGENCY SERVICES FACILITIES
Section 1002.02. - Findings.
In addition to those findings and determinations found in Chapter 1000, the board of
county commissioners makes the following findings and determinations:
(1) The existing emergency services system is not sufficient to accommodate
anticipated new development without decreasing the existing levels of service.
(2) Generally, existing revenue sources are not sufficient to fund capital
improvements necessary to accommodate new development.
(3) For impact fee calculation purposes, the emergency services facilities level of
service is twe ,,,mdr-oa and one ae"ar-s ($20 nm one hundred and seventy three
dollars ($173.00) per functional resident for residential land uses for additional
capital assets, excluding Indian River Shores and one hundred and nine1y dollars
($190.00) per functional resident for non-residential land uses for additional
capacity assets, excluding Indian River Shores.
CHAPTER 1004. - PUBLIC BUILDINGS DEVELOPMENT
Section 1004.02. - Findings.
In addition to those findings and determinations found in Chapter 1000, the board of county
commissioners makes the following findings and determinations:
(1) The existing public buildings are not sufficient to accommodate anticipated new
development without decreasing the existing levels of service.
(2) For impact fee calculation purposes, the public building level of service standard
for the county is feur- hundred and eig* five hundred twenty-two dollars
($480522.00) per functional resident for additional capital assets.
(3) Generally, existing revenue sources are not sufficient to fund capital
improvements necessary to accommodate new development.
3
ORDINANCE NO. 2020-005
CHAPTER 1005. - LAW ENFORCEMENT
Section 1005.02. - Findings.
In addition to those findings and determinations found in Chapter 1000, the board of county
commissioners makes the following findings and determinations:
(1) Existing law enforcement is not sufficient to accommodate anticipated new
development without decreasing the existing levels of service.
(2) For impact fee calculation purposes, the law enforcement facilities level of
service standard for the county is two hundfed and seventy fe three hundred
and four dollars ($274304.00) per functional resident for additional capital assets.
(3) Generally, existing revenue sources are not sufficient to fund capital
improvements necessary to accommodate new development.
CHAPTER 1008. - PARKS AND RECREATION FACILITIES
Section 1008.02. - Findings.
In addition to those findings and determinations found in Chapter 1000, the board of county
commissioners makes the following findings and determinations:
(1) The existing parks and recreation facilities are not sufficient to accommodate
anticipated new development without decreasing the existing levels of service.
(2) For impact fee calculation purposes, the park and recreation level of service
standard for the county is eight hundred and thifty seventy-nine dollars
($93H879.00) per weighted resident for additional capital assets.
(3) Generally, existing revenue sources are not sufficient to fund capital
improvements necessary to accommodate new development.
CHAPTER 1009. - PUBLIC EDUCATION FACILITIES
Section 1009.02. - Findings.
In addition to those findings and determinations found in Chapter 1000, the board of county
commissioners makes the following findings and determinations:
4
ORDINANCE NO. 2020-005
(1) The existing public education facilities are not sufficient to accommodate
anticipated new development without decreasing the existing levels of service.
(2) For impact fee calculation purposes, the public education facilities level of
service standard is one (1) permanent student station per student, which includes
an average of 147.7 permanent net square footage per station and twenty -€ems
theusand one hundred and-few4een twenty thousand seven hundred and nine
dollars ($420,709.00) of capital investment per student.
(3) Generally, existing revenue sources are not sufficient to fund capital
improvements necessary to accommodate new development.
CHAPTER 1010. - TRAFFIC FACILITIES AND FAIR SHARE ROADWAY
IMPROVEMENTS
Section 1010.05. - Use of funds collected and trust funds.
(1) Intent. Any "fair share roadway improvement fees" collected pursuant to the terms of this
article are expressly designated for accommodation of impacts reasonably attributable to the
proposed land development activity generating traffic as hereinafter provided in this
section.
(2) There is hereby established the "fair share roadway improvements trust fund" (trust fund)
for the purpose of ensuring that the fees collected pursuant to this chapter are designated for
the accommodation of impacts reasonably attributable to the proposed land development
activity generating traffic and are consistent with the Indian River County Comprehensive
Plan. The trust fund shall be divided into tIree-(two2 separate trust accounts, one (1)
for each district as shown on the current impact fee benefit district map which is attached
hereto and incorporated herein by reference. Impact fees collected and deposited into the
bffial nine previous three (3) trust accounts prior to the effective date of this ordinance
shall be expended in the original district in which they were collected until all funds within
said districts have been expended according to the provisions of this ordinance. The original
impact fee district boundaries are shown on the interim impact fee benefit district map a
** a to and to herein by fe f roneo located in the Indian
copy of which is u«,���e�� c:Y.,.��.,.....,..,... ,,, ..,_.,_.,._.,
River Community Development Department.
Section 3. Appendix A. Impact Fee Schedules
Appendix A, Impact Fee Schedules, of Title X, Impact Fees, of the Code of Indian River County
for the unincorporated Indian River County and municipalities is hereby replaced with adepted
alis the attached as Appendix A.
ORDINANCE NO. 2020-005
Section 4. Appendix B, Indian River County Impact Fee Benefit Districts.
Appendix B, Indian River County Impact Fee Benefit Districts, of Title X, Impact Fees, of the
Code of Indian River County for the unincorporated Indian River County and municipalities is
hereby replaced with the Attached Appendix B that is retitled to "Indian River County
Transportation Impact Fee Benefit Districts" and is revised from three transportation impact fee
benefit districts to two transportation impact fee benefit districts.
Section 5. Codification.
It is the intention of the Board of County Commissioners that the provision of this ordinance
shall become and be made part of the Indian River County Code, and that the sections of this
ordinance may be renumbered or re -lettered and the word ordinance may be changed to section,
article or such other appropriate word or phrase in order to accomplish such intention.
Section 6. Severability.
If any part of this ordinance is held to be invalid or unconstitutional by a court of competent
jurisdiction, the remainder of this ordinance shall not be affected by such holding and shall
remain in full force and effect.
Section 7. Conflict.
All ordinances or parts of ordinances in conflict herewith are hereby repealed.
Section 8. Effective Date of Impact Fees
The impact fee rates contained in Appendix A of this ordinance shall take effect on June 15,
2020 provided that prior to that date the Indian River County School Board approves the public
education facilities impact fee rates as contained in that Appendix. If the Indian River County
School Board does not approve the public education facilities impact fee rates as contained in
Appendix A prior to June 15, 2020, the public education facilities impact fees shall thereafter
be removed from Appendix A and the administrative fee and total impact fee columns shall be
adjusted accordingly.
This ordinance was advertised in the Press -Journal on the 23d day of February 2020, for a
public hearing to be held on the 10th day of March, 2020, at which time it was moved for
adoption by Commissioner o' Bryan , seconded by Commissioner Flescher , and
adopted by the following vote:
Susan Adams, Chairman
AYE
Joseph E. Flescher, Vice Chairman
AYE
Tim Zorc, Commissioner
NAY
Peter D. O'Bryan, Commissioner
AYE
Bob Solari, Commissioner
AYE
in
ORDINANCE NO. 2020-005
The Chairman thereupon declared the ordinance duly passed and adopted this 101h day of March,
2020.
Board of County Commissioners
Ind}ver County, Floe
By: �.
San dams, Chairman
ATTEST: Jeffrey R. Smith,'t -fer�
and Com trollef �'•
By:
Deputy Clerk ••��o �o
ur1Tv,
This ordinance was filed with the Department of State and becomes effective on the following
date: MQrC,h 1q.2020
APPROVED ASTWD LEGAL SUFFICIENCY
94�� _
Dylan Reingold, County Attorney
APPROVED AS TO PLANNING MATTERS
Philtip J. Matson, AICP; Community Development Director
F:\Community Development\Impact Fee\IMPACT FEE STUDIES\2019 Update\Ordinance for new IF Schedules - March 2020\FINAL 2020
Impact Fee Ordinance - 3-10-2020 V5 - Amended by BCC per Public Hearing.doc
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