3. 02/15/1994 Agreement
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BRANCH OFFICE
3117 OVERSEAS HIGHWAY
MARATHON, FLORIDA 33050
TEL. (305) 289-6027
CLERK OF THE CIRCUIT COURT
MONROE COUNTY
500 WHITEHEAD STREET
KEY WEST, FLORIDA 33040
TEL. (305) 292-3550
BRANCH OFFICE
88820 OVERSEAS HIGHWAY
PLANTATION KEY, FLORIDA 33070
TEL. (305) 852-7145
M~MQBAHQ!!M
TO:
FROM:
Bob Herman, Director
Growth Management Division
Isabel C. DeSantis, Deputy Clerk JJ.C.t1.
DATE:
March 1, 1994
On February 15, 1994, the Board authorized execution of an
Interlocal Agreement between Monroe County and the City of Key
Colony Beach regarding the collection, holding in trust, and
transfer of impact fees.
Enclosed is a duplicate original of the subject Agreement
executed by all parties for forwarding to Key Colony Beach Mayor
Samuel Feiner.
Should you have any questions concerning this matter, please do
not hesitate to contact me.
cc: County Attorney
County Administrator, w/o document
......File
INTERLOCAL AGREEMENT
COLLECTION, HOLDING IN TRUST, AND TRANSFER OF IMPACT FEES
KEY COLONY BEACH
This Interlocal Agreement is being entered into under the authori-
ty of F. S. 163.01 by and between Monroe County and the City of
Key Colony Beach to provide coordination for the collection,
holQing in trust, and transfer of impact fees between the City of
Key~olony Beach and Monroe County.
,-)
, WHEREAS, the Monroe County Board of County Commissioners and the
Ci t . of Ke:y Colony Beach have determined and recognize that the
~ gro~~h rate the County will experience through the year 2005 will
~=- ne~qs~tate significant public facility improvements in order to
.. malntaln an acceptable level of service for County services to be
~~:' pr~ided ~ County and City residents.
.r:_
WHEREAS, Monroe County has prepared an impact fee ordinance and
other appropriate legal instruments by and between the city of
Key Colony Beach and Monroe County for the collection of impact
fees from new development in the City and to ensure the transfer
of fees collected to the County for those services impacted.
WHEREAS, the City of Key Colony Beach has coordinated with Monroe
County to prepare said impact fee ordinances so as to ensure that
new development in the City provides its fair share of the cost
of expanding public facilities that the City receives from the
County.
Pursuant to the provisions of Chapter 380.0552 in order that the
County and City may bring their Comprehensive Plans and Land
Development Regulations into conformance with and to implement
Rule 27F-8 and Rule 28-20 and Rule 28-21, Florida Administrative
Code, and pursuant to Florida Statutes 163.01, Monroe County, a
political subdivision of the State of Florida, and the City of
Key Colony Beach, a municipal corporation, hereby covenant and
agree as follows:
SECTION ONE
PURPOSE AND INTENT
(1) The City of Key Colony Beach and Monroe County have deter-
mined and recognized that increased growth in the City will
necessitate a significant number of major road network im-
provements which makes it necessary to regulate new develop-
ment activity generating traffic in order to increase the
capacity of the County's major road network system to main-
tain an acceptable level of service for both City and County
residents.
(2) The City of Key Colony Beach and Monroe County have deter-
mined and recognized that increased growth in the City will
necessitate significant expansion of community parks in the
County in order to maintain an acceptable level of recrea-
tional opportunities for both City and County residents.
(3) The City of Key Colony Beach and Monroe County have deter-
mined and recognized that increased growth in the City will
necessitate a significant capital expansion of the County's
library services in order to provide an adequate quality of
library opportunities for both City and County residents.
(4 )
The City of Key Colony Beach has determined and
that increased growth in the City will necessitate
cant expansion of solid waste facilities in the
order to maintain an acceptable level of service
City and County residents.
recognized
a signifi-
County in
for both
(5) The City of Key Colony Beach has determined and recognized
that increased growth in the City will necessitate a signifi-
cant capital expansion of the County's police facilities.
(6) In order to finance these new capital improvements for major
road networks, community parks, library, solid waste, police
facilities, and fire/EMS facilities, and ensure that accommo-
dating that growth is economically feasible, several combined
methods will be necessary, one of which will require all new
land development generating public facility needs to pay its
pro rata share of the capital expansion costs that will be
incurred to expand said facilities.
Therefore, this interlocal agreement shall be for the purpose
of establishing a method for the collection, holding in
trust, and transfer of impact fees from the City to the Coun-
ty for the services the County provides to the City.
(7) All fees collected under Article X, Monroe County Land Devel-
opment Regulations (MCLDR), and as set forth herein, within
the City of Key Colony Beach, and allocated pursuant to this
interlocal agreement, shall only be collected in an amount
and manner consistent with Contractors and Builders Associa-
tion of Pinellas County v. City of Dunedin, 329 So. 2d 314
(Fla. 1976) i and Home Builders and Contractors' Association
of Palm Beach County v. Board of County Commissioners of Palm
Beach County, 446 So 2d 140 (Fla. App. 4th D.C.A. 1983).
Page 2
SECTION TWO
AUTHORITY
REQUIREMENT FOR THE CREATION OF A CITY CAPITAL IMPROVEMENTS PLAN;
ALLOCATION OF FUNDS BASED THEREON.
(1) As authorized by Article 8, Section l(f) of the Florida Con-
stitution, the County and City agree that the fees set forth
in Article X, Monroe County Land Development Regulations
(MCLDR), shall apply within the City and the City further
declares that the fees described in Article X are not in
conflict with any municipal ordinance or regulation.
(2) While both parties agree that the fair share impact fees
collected within the City under the authority of Article X,
MCLDR, accurately reflect the impact of municipal development
on County facilities, it is desired by both parties that a
portion of the funds collected be returned to the City for
use in the financing of municipal capital improvements within
the Middle Keys Service District as described herein in Appen-
dix "A".
In order to identify the municipal capital facility needs
caused by new development within the City, the parties agree
that a Capital Improvements Element (CIE), including a Capi-
tal Improvements Plan (CIP), is needed prior to the specific
allocation of impact fees to the City.
Upon adoption of the CIP as part of the capital improvements
element of the City's Comprehensive Land Use Plan and approv-
al by the County, which approval shall not be unreasonably
withheld and, furthermore, granted within a period of 90 days
from the City's adoption of the CIP, the County shall allo-
cate the funds collected in the City pursuant to Article X,
MCLDR, and hold in trust under the terms of this Interlocal
Agreement to the City according to the formulas in the City's
adopted Capital Improvements Plan.
(3) The parties agree that the City, on behalf of the County,
shall collect the impact fees in an amount equivalent to and
according to the rate and schedule set forth in Article X,
MCLDR, in the manner described in Section Three and Section
Four of this Agreement. The City shall remit the funds so
collected to the County to be held in trust according to the
procedure further described herein, until the conditions of
Section Two (2) of the agreement are met.
Page 3
(4) After the completion of all the terms and other conditions of
this Agreement, the City and the County further agree that
the City will continue to collect impact fees and allocate an
appropriate portion of said fees to the County based upon a
duly adopted enabling ordinance or the formulas established
in the adopted CIP, or both, as necessary, to ensure that the
City continues to provide its fair share to the cost of ex-
panding public facilities that benefit the City but are re-
ceived from the County.
SECTION THREE
PAYMENT OF FAIR SHARE FEE PRIOR TO ISSUANCE OF A BUILDING PERMIT
A IIFair Share Fee II shall be paid by any person, including any
governmental agency, prior to receiving a City building permit
for any new development activity generating new public facility
demands for County or City services.
SECTION FOUR
ESTABLISHMENT OF FEE SCHEDULE
The following impact fee rates are established as set forth below
and in Article X, MCLDR, as amended periodically, for the interim
until the time that a Capital Improvements Plan is completed and
adopted or until the appropriate enabling ordinance is adopted by
the City, or both, as necessary, with allocations to the County
according to the formulas contained in the adopted CIP and/or the
enabling ordinances of the City.
SCHEDULE OF FEES
(1) Transportation
Any person who initiates any new land development activity
generating traffic, except when fees are determined by prepar-
ing a Traffic Impact Analysis pursuant to subsection (d) of
Article X, Section 9.5-491 of the MCLDR, shall pay a IIFair
Share Transportation Feell as established by the following fee
schedule:
Page 4
TRANSPORTATION FEE SCHEDULE (Cont.)
LAND USE1
TRANSPORTATION
IMPACT FEE
Single Family Unit (per dwelling unit)
Multi-Family (per dwelling unit)
$ 633.00
430.00
Mobile Home (per mobile home unit)
328.00
Hotel (per room)
385.00
Motel (per room)
(The followinq are per 1.000 Sq. ft.)
Medical Office
363.00
1,634.00
Bank
7,003.00
General Office (< 10,000 sq. ft . )
General Office (10,000 to 49,999 sq.ft.)
General Office (50,000 to 99,999 sq. ft . )
General Office (~ 100,000 sq.ft.)
Commercial Retai12
1,426.00
962.00
811.00
684.00
1,168.00
1The Land Use list includes the major types of development
for which building permit applications are submitted in Monroe
County. Specific proposed land uses may, at the discretion of the
Director of Planning, be assigned a Trip Generation Rate using
the general categories listed, a specific land use category in
the ITE Trip Generation Manual, or an Individual Impact Analysis.
All development subject to the revised Transportation Facilities
Impact Fee shall pay the fee amount indicated for the appropriate
specific development type, or, if no specific development type is
applicable, for the appropriate general development type based on
the definitions in Section 9.5-490 of the Monroe County Land
Development Regulations.
2The trip generation rate for Commercial Retail is based on
data in the ITE Trip Generation Manual for Specialty Retail Cen-
ter land use. No average weekday trip generation rates for gener-
al commercial retail are available in the ITE Trip Generation
Manual; however, data for many specific commercial retail uses is
available. Use of an average weekday trip generation rate for a
specific proposed commercial or retail land use, if available in
(Footnote Continued)
Page 5
TRANSPORTATION FEE SCHEDULE (Cont.)
(The followinq are oer 1.000 sa.ft.)
Convenience Market
$23,233.00
Restaurant - Quality
4,943.00
Restaurant - Sit Down
10,091. 00
Warehouse
278.00
General Industrial
406.00
=======================================================
Recreational Campground (per acre)
4,211.00
Marina (per berth)
170.00
(2) Community Park
Any person who initiates any new land development activity
that places an increased demand on the County's or City's
Community Park Facilities shall pay a "Fair Share Park Fee"
as follows:
TYPE OF DEVELOPMENT3
IMPACT FEE PER
DWELLING UNIT
Residential (per dwelling unit)
$ 340.00
Hotel/Motel (per room)
285.00
Recreational Campground (per space)
285.00
(3) Library
Any person who initiates any new land development activity
that places an increased demand on the County's Library Facil-
ities shall pay a "Fair Share Library Fee" as follows:
(Footnote Continued)
the ITE Trio Generation Manual or from an Individual Impact Analy-
sis, may be used at the discretion of the Director of Planning.
3All development subject to the revised Park and Recreation
Facilities Impact Fee shall pay the fee amount indicated for the
appropriate specific development type, or, if no specific develop-
ment type is applicable, for the appropriate general development
type based on the definitions of residential development in Sec-
tion 9.5-490 of the Monroe County Land Development Regulations.
Page 6
LIBRARY FEE SCHEDULE (Cont.)
TYPE OF RESIDENTIAL DEVELOPMENT
IMPACT FEE PER
DWELLING UNIT
Single-family dwelling unit
$ 242.00
Multi-family dwelling unit
242.00
Mobile Home
242.00
(4) Solid Waste
Any person who initiates any new development activity that
generates an increased demand on the County's solid waste
facilities, except those applicants who make their own inde-
pendent calculations as provided for in subsection C of Sec-
tion 12-104, Vol. III of the Monroe County Comprehensive
Plan, shall pay a "Fair Share Solid Waste Fee" as established
by the following fee schedule:
TYPE OF DEVELOPMENT
IMPACT FEE PER
DEVELOPMENT UNIT
Residential (per dwelling unit)
$
64.00
Recreational Campground (per space)
64.00
Nonresidential (per 1,000 sq.ft.)
54.00
Hotel/Motel (per 1,000 sq.ft.)
54.00
(5) Sheriff
Any person who initiates any new land development activity
generating an increased demand for capital expansion of po-
lice facilities shall pay a "Fair Share Police Fee" as estab-
lished by the following fee schedule:
Page 7
SHERIFF FEE SCHEDULE (Cont.)
TYPE OF DEVELOPMENT4
IMPACT FEE PER
DEVELOPMENT UNIT
Residential (per dwelling unit)
$ 150.00
Recreational Campground (per space)
150.00
Nonresidential (per 1,000 sq. ft.)
112.00
Hotel/Motel (per room)
112.00
Commercial (per 1,000 sq. ft.)
112.00
Industrial (per 1,000 sq.ft.)
19.00
(6) Fire Protection/Emerqencv Medical Services (EMS)
Any person who initiates any new land development activity
generating an increased demand for capital expansion of fire
protection/EMS facilities shall pay a "Fair Share Fire Protec-
tion/EMS Fee" as established by the following fee schedule:
TYPE OF5 IMPACT FEE PER
DEVELOPMENT DEVELOPMENT UNIT
Residential Development
(per dwelling unit)
$ 105.00
Recreational Campground
(per space)
105.00
4
All development subject to the revised Sheriff Facilities
Impact Fee shall pay the fee amount indicated for the appropriate
specific development type, or if no specific development type is
applicable, for the appropriate general development type based on
the definitions of residential development and nonresidential
development in Section 9.5-490 of the Monroe County Land Develop-
ment Regulations.
5All development subj ect to the revised Fire Protection/EMS
Facilities Impact Fee shall pay the fee amount indicated for the
appropriate specific development type, or, if no specific develop-
ment type is applicable, for the appropriate general development
type based on the definitions of residential development and
nonresidential development in Section 9.5-490 of the Monroe Coun-
ty Land Development Regulations.
Page 8
FIRE/EMS FEE SCHEDULE (Cont.)
Nonresidential Development
(per 1,000 sq. ft.)
Hotel/Motel
(per 1,000 sq. ft.)
64.00
64.00
SECTION FIVE
COLLECTION AND TRANSFER
All funds collected shall be properly identified and promptly
transferred to the City's Clerk's Office for deposit in the
appropriate trust fund in separate accounts established by the
County and used solely for the purposes established by this agree-
ment. Notwithstanding any other terms of this interlocal agree-
ment, no money from the trust fund collected will be distributed
to anyone, including Monroe County, until both parties have
agreed to the allocation of the funds. The City of Key Colony
Beach is located within the Middle Keys Service District, as
described in Appendix "A".
SECTION SIX
USE OF FUNDS COLLECTED AND TRUST FUNDS
All funds collected shall be placed in a "Fair Share Trust" Ac-
count and held in escrow and released and expended when the condi-
tions of Section Two (2) of this Agreement are met.
(1 )
A fair share transportation
lished and proceeds from the
for capital expansion of the
network system in the Middle
the CIP.
trust account shall be estab-
trust shall be used exclusively
County's and City's major road
Keys subdistrict as directed by
(2) A fair share park trust account shall be established and
proceeds used exclusively for the capital expansion of the
County's and City's community park facilities in the Middle
Keys subdistrict as directed by the CIP.
(3) A fair share library trust account shall be established and
proceeds used exclusively for the capital expansion of the
County's Library Facilities in the Middle Keys Subdistrict.
Page 9
(4) A fair share solid waste trust account shall be established
and used solely for the purpose of construction and expansion
of solid waste facilities in Monroe County, including but not
limited to:
a. design and construction plan preparation;
b. land acquisition;
c. acquisition of new incinerators and shredders;
d. acquisition of trucks and buildings housing equipment;
and
e. construction of landfills, recycling centers and compost-
ing facilities.
(5) A fair share police trust account shall be established and
proceeds be used solely for the purpose of the capital expan-
sion of police facilities in Monroe County, and other improve-
ments in the City as directed by the CIP including but not
limited to:
a. design and construction plan preparation;
b. land acquisition;
c. acquisition of new patrol cars;
d. acquisition of jail facilities; and
e. substation construction
(6) A fair share fire protection/EMS facilities trust account
shall be established and proceeds be used solely for the
purpose of the capital expansion of fire protection/emergency
medical services (EMS) facilities in Monroe County, and other
improvements in the City as directed by the CIP.
SECTION SEVEN
EXEMPTIONS
The following new land development activities shall be exempted
from paYment of impact fees as set forth in Article X, MCLDR:
1. Alterations or expansion of an existing dwelling unit
where no additional units are created and the use is not
changed.
2. The construction of accessory uses or structures which
are not dwelling units and which do not constitute an
increase in intensity.
page 10
3. The replacement of a destroyed or partially destroyed
building or structure with a new building or structure
of the same size and use.
4. Publicly owned governmental buildings, except for those
used for permanent or temporary housing.
SECTION EIGHT
GENERAL APPLICABILITY
To the extent of its applicability to impact fees, until the
adoption of the CIP as part of the capital improvements element
of the City's Comprehensive Plan and/or the adoption of a City
impact fee ordinance, all provisions of Article X, MCLDR, shall
apply within the City of Key Colony Beach, except where the re-
quirements set forth in this Interlocal Agreement mandate that a
different allocation, collection, holding in trust, or transfer
of funds procedure be followed.
Page 11
SECTION NINE
EFFECTIVE DATE
This Agreement shall supersede any prior Agreements, and shall
take effect on or after oa- \~.. ~ 4 , when approved by the
governing bodies of the City of Key Colony Beach and Monroe Coun-
ty, filed with the Clerk of the Circuit Court of Monroe County,
and filed with the City Clerk of the City of Key Colony Beach.
...e.uuvL--
Samuel Fei r, Mayor
,/!;/9Y
Date:
( SEAL)
ATTEST:
0~ E..~
Joan E. Rinyu, City lerk
COUNTY COMMISSIONERS
CQIlNTY, FLORIDA
"
By:
ondon, Mayor
,J!15/(lY
( SEAL)
ATTEST:
iL.uc. ~
Danny L. Kolhage, County Clerk
.,
Page 12