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HomeMy WebLinkAbout2023-002ORDINANCE NO. 2023 -002 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 APPENDIX A, IMPACT FEE SCHEDULES TO APPROVE NEW IMPACT FEE SCHEDULES FOR UNINCORPORATED INDIAN RIVER COUNTY AND MUNICIPALITIES FOR QUALIFYING AFFORDABLE HOUSING; 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 an important source of funding for infrastructure projects in Indian River County; 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, 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 and multi- family units of less than 1,500 square feet for households with incomes below 80% of area median income; and WHEREAS, staff advertised for a public hearing to be held on January 17, 2023, 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. 1 ORDINANCE NO. 2023-002 Section 2. 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 the attached Appendix A. Section 3. 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 4. 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 5. REPEAL OF CONFLICTING ORDINANCES. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 6. EFFECTIVE DATE The impact fee rates contained in Appendix A of this ordinance shall take effect on01-1Z 2023 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 01-17 , 2023, 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 1 st day of January 2023, for a public hearing to be held on the 17th day of January, 2023, at which time it was moved for adoption by Commissioner Susan Adams, seconded by Commissioner Laura Moss , and adopted by the following vote: Joseph Earman, Chairman AYE Susan Adams, Vice Chairman AYE Joseph E. Flescher, Commissioner AYE 2 ORDINANCE NO. 2023 -002 Deryl Loar, Commissioner AYE Laura Moss, Commissioner AYE The Chairman thereupon declared the ordinance duly passed and adopted this 17th day of Jan 2023. c Board of County Commissioners : y°h�Miss/oyF' Indian River County, Florida By: f o Jos arman, Mairman ATTEST: Jeffrey R. Smith, Clerk and Comptroller F' r Deputy '� This ordinance was filed with the Department of State and becomes effective on the following date: .,2ingAM/4 a�3, U - APPROVED AS TO FOR ND LEGAL SUFFICIENCY D eingold, County Attorney APPROVED AS TO PLANNING MATTERS Phillip J. Matson, AICP; Community Development Director 3 Ordinance: I lnincnrnnratpd Indian River Countv Impact Fee Schedule (Effective Date: Julv 1, 2020 Adjusted to Be Consistent with Florida SB 1066) #2023 D02 LUC Land Use RESIDENTIAL: Unit Correctional Facilities Solid Facilities Waste Public Buildings Libraries Flr.11.e,. Services Ef.rsem.nt Low Parks & Rec Transportation Educational Facilities Total Net Admin MpaCt Fee Fee (2.0%) Impa Fee Single Family (Detached) -Fess-iharf1000+.i 1 to 1,500 sf (Household Income Not to Exceed 80% of Median Income)' du $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 <av Single Family(Detached)- Less than 1,500 sf du 1 $0 $0 $345 $0 $231E$196. $679 $5,942 $1,310 $8,669 $173 $8,842 Single Family(Detached) - 1,501 to 2,499 sf du $0 $0 $415 $0 $278 $819 $6,632 $1,310 $9,650 $193 $9,843 Sin Ie Family(Detached)-2,500 sf and reater du $0 $0 $465 $0 $312 $918 $7,553 $1,310 $10,777 $216 $10,993 Multi -Family flow -Rise. 1-2 levels) -1 to 1.500 sf per unitme • d L 0 0 0 220 Multi-Family(Low-Rise, l-2 levels) du $0 $0 $225 $0 $152 $468 $4,753 $539 $6,249 $125 $6,374 Multi-FamllvlMld-Rise 3-10 levels) -1 to 1 500 sf per unitHousehold Income Not to Exceed 80% of Medlars Income • LO ; O $2221 Multl-Family (Mid -Rise, 3-10 levels) du $0 $0 $225 $O $152 $468 $3,536 $539 $5,032 $101 $5,133 240 Mobile Home Park/RV (tied down) du $0 $0 $269 $0 $178 $112 $471 $2,435 $574 $4,039 $81 $4,120 252 Assisted Care Living Facility(ACLF) bed $0 $0 $135 $0 $188 $120 n/a $590 n/a 51,033 $21 $1,054 LODGING: 310 Hotel $0 $0 $137 NA 1 $192 1 $123n/a $1,763 n/a $2,215 $44 $2,259 320 Motel $0 $0 $114 NA $160 $102 n/a $850 n/a $1,226 1 $25 1 $1,251 RECREATION: 411 Public Park c$0 $0 510 $6 n/a $280 n/a $303 $6 $309 420 Marina boat berth $0 $0 $25 $16 n/a $1,102 n/a $1,161 $23 $1,184 430 Golf Course hole $0 $0 $160 $102 n/a $13,932 n/a $14,308 $286 $14,594 444 Movie Theater w/Matinee screen $0 $0 A13�1 $987$632 n/a $16,540 n/a $18,864 $377 $19,241 490 Tennis Court court $0 $0 $266 $170 n/a $11,235 n/a $11,861 $237 $12,098 492 Racquet Club/Health Club/Dance Studio 1,000 sf $0 $0 $458 $293 n/a $12,776 n/a $13,854 $277 $14,131 INSTITUTIONS: 520 Elementary School (Private, K-5) student $0 $0 $11 NA $15 $10 n/a $378 n/a $414 $8 $422 522 Middle School Private, 6-8) student $0 $0 $12 NA $17 $11 n/a $425 n/a $465 $9 $474 530 High School (Private, 9-12) student $0 $0 $12 NA $17 $11 n/a $458 n/a $498 $10 $508 540/550 University/Jr College (Private) student $0 $0 $14 NA $19 $12 n/a $914 n/a $959 $19 $978 560 Church 1,000 sf $0 $0 $50 NA $70 $45 n/a $1,858 n/a $2,023 $40 $2 565 Day Care Center 1,000 sf $0 $0 $110 NA $154 $99 n/a $5,392 n/a $5,755 $115 $5,870 571 Jail bed NA $0 $23 NA $32 $21 n/a $360 n/a $436 $9 $445 575 Fire & Rescue Station 1,000 sf $0 $0 $57 NA n/a $51 n/a $1,703 n/a $1,811 $36 $1,847 590 Library 1,000 sf $0 $0 $356 NA $498 $319 n/a $31,213 n/a $32,384 $648 $33,032 MEDICAL• 610 Hospital 1,000 zf $0 $0 $175 NA $245 $157 n/a $4,263 n/a $4,840 $97 $4,937 620 Nursing Home bed SQ $0 $135 NA $188 1 $120 1 n/a $517 n/a $960 $19 $979 640 Veterinary Clinic 1,000 sf $0 $0 $191 NA $268 $172 n/a $6,607 n/a $7,238 1 $145 $7,383 OFFICE: 710 General Office 1,000 sf $0 $0 $121 NA $169 $108 n/a $3,530 n/a $3,928 $79 $4,007 Medlcel OfTKe/Clinic 10,000 sq ft or less 1,000 sf $0 $0 $163 NA $228 $146 n/a $9,021 n/a $9,558 $191 $9,749 720 Medlcel O(fka/Clinic greater than l0,000s ft 1,000 sf $0 $0 $233 NA $327 $209 n/a $12,921 n/a $13,690 $274 $13,964 732 Post Office 1,000 0 $0 $0 $212 NA $297 $190 n/a $14,337 n/a $15,036 $301 $15,337 733 Government Office Complex 11000 sf $0 $0 n/a NA $238 $152 n/a $12,322 n/a $12,712 $254 $12,966 760 1 Research & Development Center 1,000 sf $0 $0 $140 NA $196 $125 n/a $4,127 n/a $4,588 $92 $4,680 RETAIL: 820 Retail/Shopping Center 1,000 sfgla $0 $0 $205 NA $287 $184 n/a $5,603 n/a $6,279 $126 $6,405 840/841 New /Used Auto Sales 1,000 sf $0 $0 5213 NA $299 $191 n/a $6,811 n/a $7,514 $150 $7,664 850 Supermarket 1,000 sf $0 $0 $327 NA $458 $293 n/a $9,119 n/a $10,197 $204 $10,401 690 Furniture Store 1,000 sf $0 $0 $44 NA $61 1 $39 n/a $1,590 n/a $1,734 1 $35 $1,769 SERVICE: 911 Bank/Savings Walk -In 11000 sf $0 $0 $140 NA $196 $125 n/a $4,988 n/a $5,449 $109 $5,558 912 Bank/Savings Drive -In 1,000 sf $0 $0 $202 NA $283 $181 n/a $8,618 n/'_$9,284 $186 $9,470 932 Restaurant 1,000 sf $0 $0 $756 NA $1,059 $678 n/a $17,987 n/a $20,480 $410 $20,890 934 Fast Food Restaurant w/Drive-Thru 1,000 sf $0 $0 51,316 NA $1,645 $1,181 n/a $42,069 n/a $46,411 $928 $47,339 942 Automobile Care Center 1,000 sf 50 $0 $227 NA $318 $203 n/a $5,559 n/a $6,307 $126 $6,433 944 Gas Station w/Comenience Market <2,000 ft fuel $0 $0 $198 NA $278 $178 n/a $5,481 n/a $6,135 $123 $6,258 945 Gas Station w/Convenlence Market 2,000-2,999 sq R fuel pos. $0 $0 $242 NA $338 $217 n/a $6,546 n/a $7,343 $147 $7,490 960 Gas Station w/Convenience Market 3,000+ sq ft fuel pos. $0 $0 $274 NA $384 $246 n/a $7,343 n/a $8,247 $165 $8,412 947 Self -Service Car Wash ce bay $0 $0 $131 NA $183 $117 n/a $4,797 n/a $5,228 $105 $5,333 INDUSTRIAL• 110 General Light Industrial 1,000 sf $0 $0 $68 NA $95 $61 n/a $1,795 n/a $2,019 $40 $2,059 140 Manufacturing 1,000 sf $0 $0 $62 NA $87 $56 n/a $1,421 n/a $1,626 $33 $1,659 150 Warehousing 1,000 sf $0 $0 $15 NA $21 $13 n/a $629 n/a $678 $14a$692151 Mlnl-Warehouse 1,000 sf $0 $0 $6 NA $8 $5 n/a $367 n/a $386 $8154 High -Cube Transload/Storage 1,000 sf $0 $0 $11 NA $17 $11 n/a $509 n/a$549 $11n/a Concrete Plant acre $0 $0 $212 NA $297 $190 n/a $5,653 n/a $6,352 $127n/a Sand Mining xre $0 $0 $27 NA $38 $24 n/a $728 n/a $817 $16 -Policy discounts are applied to Single Family Affordable Housing with less than 1,000 sq n Ino feet and to Single tamny-Maple Mousing wlm a, -w ,.-.q rz tree..creaI—., r .,,,,. 6.,r Appendix A