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HomeMy WebLinkAboutResolution 089-1993 RESOLUTION NO. 089-1993 A RESOLUTION OF THE COUNTY OF MONROE, FLORIDA, RESCINDING RESOLUTION 495-1992 AND ESTABLISHING A SCHEDULE OF SHERIFF FACILITIES IMPACT FEES TO BE IMPOSED ON NEW DEVELOPMENT PURSUANT TO ARTICLE X, IMPACT FEES OF THE MONROE COUNTY CODE TO ENSURE THAT SHERIFF FACILITIES WILL BE ADEQUATE TO ACCOMMODATE THE DE~ GENERATED BY NEW DEVELOPMENT AT TO ADOPTED LEVELS OF SERVICE AND TO ASSI~;:; THE COSTS OF SHERIFF FACILITIES PRO RA~C~" TO NEW DEVELOPMENT IN PROPORTION TO THE' '.. NEEDS GENERATED BY NEW DEVELOPMENT. " \Q VJ .." rT1 CJ ::lC ~ N N "'T"'I ,:;::) ::r C) ~ :XJ U1 --::J WHEREAS, Monroe County, Florida has experienced rapid population growth during the 1980's which has strained the adequacy of existing sources of funds to provide Sheriff facilities to meet the demands created by new development; and ;:g o - " .~ ") ,-1 WHEREAS, the Monroe County Comprehensive Plan indicates that the growth rate will continue and place significant demands on the County to provide Sheriff facilities to support new development at the adopted levels of service; and WHEREAS, new development must be accompanied and supported by adequate Sheriff facilities in order to maintain the adopted levels of service for Sheriff facilities; and WHEREAS, Monroe County provides Sheriff facilities serving primarily residents of the unincorporated area and also residents of the municipalities in the County; and WHEREAS, Monroe County has an existing Fair Share Police Facilities Impact Fee (Section 9.5-495 of the Monroe County Land Development Regulations) adopted in 1986 which was calculated based on 1986 cost data, and the level of service provided by the County Sheriff Department in 1986, to wit: (a) 1.32 sworn officers per 1,000 people; (b) 0.44 vehicles per sworn personnel at a cost of $16,027; and (c) 338 sq. ft. of administrative and jail space per sworn personnel at a cost of $65.00 per sq. ft.; and 1 WHEREAS, Monroe County has collected and expended facilities impact fees from 1986 through 1992 pursuant existing Fair Share Police Facilities Impact Fee; and police to the WHEREAS, Monroe County recognizes that impact fees must be reviewed periodically to identify changes in levels of service, changes in costs, changes in the specific types of facilities for which impact fees are calculated and collected and technical changes in fee calculation methodology; and WHEREAS, Monroe County has authorized a comprehensive analysis of the existing Fair Share Police Facilities Impact Fee for the purpose of updating the fee; and WHEREAS, the analysis has been completed and is included in a Report titled "Sheriff Facilities Impact Fee Report for Monroe County, Florida," October 1992; and WHEREAS, the above-mentioned Report and the Impact Fee Procedural Ordinance and the Sheriff Facilities Impact Fee Schedule Resolution have been reviewed by the Planning Commission in public workshops on the following dates: July 10, 1992 July 22, 1992 August 7, 1992 August 21, 1992 September 2, 1992 September 16, 1992; and WHEREAS, the above-mentioned Report, Ordinance and Resolution were reviewed by the Monroe County Development Review Committee on September 14 and 23, 1992; and WHEREAS, the above-mentioned Report, Ordinance and Resolution were reviewed by the Planning Commission at a duly noticed public hearing held on October 1, 1992 at which public comments were received and considered; and WHEREAS, after the close of the Public Hearing on October 1, 1992, the Planning Commission made a recommendation to the Board of County Commissioners to adopt the Impact Fee Procedural Ordinance and the Sheriff Facilities Impact Fee Schedule Resolution; and WHEREAS, the above -mentioned Report, Ordinance, Resolution and the Planning Commission recommendation were reviewed by the Board of County Commissioners at two (2) duly noticed public hearings held on October 5, 1992 and October 16, 1992 at which public comments were received and considered; and WHEREAS, the Board finds that due to the establishment of one Sheriff facilities impact fee district and limitations on the appropriation of Sheriff facilities impact fee funds, the fees have a 2 "rational nexus" to and provide benefit to those developments on which the fees are imposed; and WHEREAS, by this Resolution, the Board of County Commissioners adopts level of service standards of 3.3 patrol vehicles per 1,000 unincorporated resident population and 0.84 square feet of facilities space per capita unincorporated resident population; and WHEREAS, the Board finds that the adopted level of service standards are applicable to existing and new development; and WHEREAS, it is the intent of the Board that, by the establishment of Sheriff facilities impact fees, new development in the County will pay its pro rata share of the Sheriff facilities required to serve such new development at the adopted level of service standards; and WHEREAS, it is the facilities financed with Comprehensive Plan; and intent impact of the fees Board that the Sheriff be consistent with the WHEREAS, it is the intent of the Board that impact technique within an overall County growth management implement the goals, obj ectives and policies of Comprehensive Plan; and fees be one program to the County WHEREAS, the Board has considered the matter of financing of Sheriff facilities, the need for which is attributable to new development and hereby finds and declares that an impact fee imposed upon new development to finance Sheriff facilities, the need for which is reasonably related to new development, furthers the public health, safety and welfare of Monroe County and its residents; and WHEREAS, the impact fees adopted pursuant to this Resolution are based upon the data and calculation methodology incorporated in the "Sheriff Facilities Impact Fee Report for Monroe County, Florida" (October 1992); and WHEREAS, the Board therefore finds and deems it advisable to adopt the Monroe County Sheriff Facilities Impact Fee, as hereinafter set forth; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA THAT: The following Sheriff Facilities Impact Fee Schedule shall be adopted and imposed on new development in the unincorporated area of the County and within the boundaries of participating municipalities: Section 1. Pursuant to and in accordance with Article X, Impact Fees of the Monroe County Code, the Sheriff Facilities Impact Fees to be imposed on new development shall be as set forth in the Sheriff Facilities Impact Fee Schedule, attached hereto and incorporated herein by reference. 3 Section 2. Definitions. For purposes following words and terms shall have the another meaning is clearly intended: of this Resolution, the following meaning, unless (a) "Administrative Facilities Space or Facilities Space" means and refers to all facilities used by the Monroe County Sheriff Department for administrative and law enforcement purposes including holding cells and other facilities associated with services provided by the Sheriff Department. (b) "Adopted Level of Service, Facilities Space" shall mean 0.84 square feet of building space per capita unincorporated County resident population. (c) "Adopted Level of Service, Patrol Vehicles" shall mean 3.3 patrol vehicles per 1,000 unincorporated County resident population. (d) "Patrol Vehicles" means and refers to all vehicles owned by, leased by or available to Sheriff Department personnel for use in law enforcement services. (e) "Demand" means and refers to the increment of Sheriff facilities that new development consumes (measured in units as shown on the Sheriff Facilities Impact Fee Schedule, Attachment A to this Resolution) . (f) "Sheriff Facilities" means and refers to amounts spent or authorized to be spent in connection with the acquisition of vehicles, land and/or facilities, planning, legal, fiscal, economic, engineering, administrative services, financing, construction, equipping, and development of facilities space and patrol vehicles to provide law enforcement services and to enable the County to carry out any other authorized law enforcement services. Section 3. Establishment of a Sheriff Facilities Impact Fee District. The Sheriff Facilities Impact Fee District shall include the unincorporated area of Monroe County and all municipalities within Monroe County participating in the Monroe County Sheriff Facilities Impact Fee System. Section 4. Calculation of Impact Fee. The County shall calculate the Sheriff facilities impact fee due in accordance with the procedure set forth in Sec. 9.5-490.3(B) of the Monroe County Land Development Regulations and pursuant to the impact fee per demand unit as shown in the Sheriff Facilities Impact Fee Schedule (Attachment "A") in effect at the time of building permit issuance. 4 Section 5. Trust Funds Established (a) There is hereby established a separate Sheriff Facilities Impact Fee Trust Fund account for the Sheriff Facilities Impact Fee District. (b) Funds withdrawn from these accounts must be used solely in accordance with the provisions of Sec. 9.5-490.4(B) and (C) of the Monroe County Land Development Regulations. (c) All Sheriff facilities impact fee funds shall be utilized for Sheriff facilities within the Monroe County Sheriff Facilities Impact Fee District. Section 6. Liberal Construction. The provisions of this Resolution shall be liberally construed to effectively carry out its purposes in the interest of public health, safety, welfare and convenience. Section 7. Severability. Should any sentence, clause, part or provision of this Resolution be declared by a court of competent jurisdiction to be invalid, the same shall not affect the validity of the Resolution as a whole, or any part thereof other than the part declared to be invalid. Section 8. Effective Date. This Resolution shall become effective concurrent with, but not before, the effective date of Ordinance No. 33-1992 (the Impact Fee Procedural Ordinance Text Amendment) . PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the 3rd day of March , A.D., 1993. Mayor London Mayor Pro Tern Cheal Commissioner Freeman Commissioner Harvey Commissioner Reich yes yes yes absent yes By: ~t.J..C.~ Deputy Clerk By: COUNTY COMMISSIONERS &-CO ~ or/Chairman ATTEST: DANNY L. KOLHAGE, CLERK (SEAL) 5 IY ATTACHMENT "A" SHERIFF FACILITIES IMPACT FEE SCHEDULE Development Tyoe (1) Imoact Fee Per Development Unit Residential (per dwelling unit) $150 $150 $112 $112 $112 $19 Recreational Campground (per space) Nonresidential (per 1,000 sq. ft.) Hotel/Motel (per room) Commercial (per 1,000 sq. ft.) Industrial (per 1,000 sq. ft.) Note: (1) 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 Development Regulations. 6