Resolution 494-1992
RESOLUTION NO.
FILED F ilP :)rr:nf::""
494 -1992 . ..
A RESOLUTION OF THE COUNTY OF'92 MdmR<1>B, i\1() :55
FLORIDA, ESTABLISHING A SCHEDULE OF PARKS &
RECREATION FACILITIES IMPACT FEES. TO BE
IMPOSED ON NEW RESIDENTIAL DEVELOPMENT
PURSUANT TO ARTICLE X, IMPACT FEElSIU;QF THE
MONROE COUNTY CODE, TO ENSURE THAT PARKS &
RECREATION FACILITIES WILL BE ADEQUATE TO
ACCOMMODATE THE DEMAND GENERATED BY NEW
RESIDENTIAL DEVELOPMENT AT THE ADOPTED LEVEL
OF SERVICE AND TO ASSIGN THE COSTS OF PARKS
& RECREATION FACILITIES PRO RATA TO NEW
RESIDENTIAL DEVELOPMENT IN PROPORTION TO THE
NEEDS GENERATED BY NEW RESIDENTIAL
DEVELOPMENT.
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 parks and recreation
facilities to meet the demands created by new residential develop-
ment; and
WHEREAS, the Monroe County Comprehensive Plan indicates that
the growth rate will continue and place significant demands on the
County to provide parks and recreation facilities to support new
residential development at the adopted levels of service; and
WHEREAS, new residential development must be accompanied and
supported by adequate parks and recreation facilities in order to
maintain the adopted levels of service for parks and recreation
facilities; and
WHEREAS, Monroe County provides parks and recreation
facilities serving both residents of the unincorporated area and
residents of the municipalities in the County; and
WHEREAS, Monroe County has an existing Fair Share Community
Park Impact Fee (Section 9.5-492 of the Monroe County Land
Development Regulations) adopted in 1986 which was calculated based
on 1986 cost data and the level of service for community and
neighborhood parks required by the County's adopted Comprehensive
Plan in 1986, which was as follows:
(a) 2.00 acres of community parks and 1.00 acres of
community park improvements per 1,000 population based
on a cost of $15,000 per acre of parks and $20,000 per
acre of park improvements; and
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(b) 1.00 acres of neighborhood parks and 1.00 acres of
neighborhood park improvements per 1,000 population
based on a cost of $15,000 per acre of parks and $20,000
per acre of park improvements; and
WHEREAS, Monroe County has collected and expended park impact
fees from 1986 through 1992 pursuant to the existing Fair Share
Community Park Impact Fee; and
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 type 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 Community Park Impact Fee for
the purpose of updating the fee; and
WHEREAS, the analysis has been completed and included in a
Report titled "Parks and Recreation Facilities Impact Fee Report
for Monroe County, Florida," October 1992; and
WHEREAS, the above-mentioned Report and the Impact Fee
Procedural Ordinance (Section 9.5-490 of the Monroe County Land
Development Regulations) and the Parks and Recreation Facilities
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 Parks and Recreation Facilities Impact Fee Schedule
Resolution; and
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WHEREAS, the above-mentioned Report, Ordinance, Resolution
and the Planning Conunission reconunendation were reviewed by the
Board of County Conunissioners at two (2) duly noticed public
hearings held on October 5, 1992 and October 16, 1992 at which
public conunents were received and considered; and
WHEREAS, the Board finds that due to the establishment of
parks and recreation facilities impact fee subdistricts and
limitations on the appropriation of parks and recreation facilities
impact fee funds, the fees have a "rational nexus" to and provide
benefit to those residential development on which the fees are
imposed; and
WHEREAS, by this Resolution, the Board of County
Conunissioners adopts a level of service standard of 0.82 acres per
1,000 County-wide functional population for activity-based parks
and a level of service standard of 0.82 acres per 1,000 County-wide
functional population for resource-based parks; and
WHEREAS,
standards are
development; and
the Board finds that the adopted level
applicable to existing and new
of service
residential
WHEREAS, it is the intent of the Board that, by the establish-
ment of parks and recreation facilities impact fees, new residen-
tial development in the County will pay its pro rata share of the
parks and recreation facilities required to serve such new
development at the adopted level of service standards; and
WHEREAS, it is the intent of the Board that the parks and
recreation facilities financed with impact fees be consistent with
the Comprehensive Plan; and
WHEREAS, it is the intent of the Board that impact fees be
one technique within an overall County growth management program to
implement the goals, objectives and policies of the County
Comprehensive Plan; and
WHEREAS, the Board has considered the matter of financing of
parks and recreation facilities, the need for which is attributable
to new residential development and hereby finds and declares that
an impact fee imposed upon new residential development to finance
parks and recreation facilities, the need for which is reasonably
related to new residential 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 "Parks & Recreation Facilities Impact Fee Report for Monroe
County, Florida" (October 1992); and
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WHEREAS, the Board therefore finds and deems it advisable to
adopt the Monroe County Parks & Recreation 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 Park and Recreation Facilities Impact Fee
Schedule shall be adopted and imposed on new residential develop-
ment 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 Parks & Recreation Facilities
Impact Fees to be imposed on new residential development shall be
as set forth in the Parks & Recreation Facilities Impact Fee
Schedule, attached hereto and incorporated herein by reference.
Section 2. Definitions. For purposes of this Resolution, the
following words and terms shall have the following meaning, unless
another meaning is clearly intended:
(a) "Activity-Based Parks" means and refers to all parks and
associated recreational facilities providing for active
recreational purposes, including parks owned by, leased
by or available to County residents by virtue of an
interlocal agreement with Monroe County.
(b)
"Adopted Level of Service, Activity-Based Parks"
mean 0.82 acres of activity-based parks per
unincorporated County functional population.
shall
1,000
( c)
"Adopted Level of Service, Resource-Based Parks"
mean 0.82 acres of resource-based parks per
unincorporated County functional population.
shall
1,000
(d) "Capital Improvement Program" means and refers to any
adopted program for parks and recreation improvements.
(e) "Demand" means and refers to the increment of parks and
recreation facilities that new residential development
consumes (measured in dwelling units as shown on the
Parks & Recreation Impact Fee Schedule, Attachment A to
this Resolution) .
(f) "Parks & Recreation Facilities" means and refers to
amounts spent or authorized to be spent in connection
with the acquisition of land and/or facilities,
planning, legal, fiscal, economic, engineering,
administrative services, financing, construction,
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equipping and development of parks and recreation
improvements.
(g) "Resource-Based Parks" means and refers to all parks and
recreation facilities providing for passive recreational
uses such as conservation and open space areas and
including parks owned by, leased by or available to
County residents by virtue of an interlocal agreement
with Monroe County.
Section 3. Establishment of a Parks & Recreation Facilities
Impact Fee District and Subdistricts.
(a) District. The Parks & Recreation Facilities Impact Fee
District shall include the unincorporated area of Monroe
County and all municipalities within Monroe County
participating in the Monroe County Parks & Recreation
Facilities Impact Fee System.
(b) Subdistricts. The Parks & Recreation Facilities Impact
Fee District shall be divided into three (3) Parks &
Recreation Facilities Impact Fee Subdistricts as
provided by Sec. 9.5 -490.2 (E) (1) of the Monroe County
Land Development Regulations and on the Impact Fee
District Map referenced in Sec. 9.5-490.2(E) (3) of the
Monroe County Land Development Regulations.
Section 4. Calculation of Impact Fee. The County shall
calculate the parks and recreation 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 Parks & Recreation
Facilities Impact Fee Schedule (Attachment "A") in effect at the
time of building permit issuance.
Section 5. Trust Funds Established
(a) There is hereby established a separate Parks &
Recreation Facilities Impact Fee Trust Fund account for
each Parks & Recreation Facilities Impact Fee
Subdistrict.
(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; provided, however, that funds in any Parks
& Recreation Facilities Impact Fee Trust Fund account
may be expended for resource-based parks in any Parks &
Recreation Facilities Impact Fee Subdistrict.
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(c) All parks and recreation facilities impact fee funds
shall be utilized for parks and recreation improvements
projects within the Monroe County Parks & Recreation
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. Severabili ty. 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
the Impact Fee Procedural Ordinance Text Amendment.
The Clerk of the Court is hereby directed to send a certified
copy of this Resolution to the Florida Department of Community
Affairs.
PASSED AND ADOPTED by the Board of County Commissioners of
Monroe County, Florida, at a regular meeting of said Board held
on the 16th day of October, A.D., 1992.
Mayor Harvey
Mayor Pro Tern London
Commissioner Cheal
Commissioner Jones
Commissioner Stormont
Yes
No
Yes
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BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA
By: \..U...~AJ -~-: . ~1\- ~ ~ ~
MAYOR/CHAIRMAN
( SEAL )
ATTEST: DANNY L. KOLHAGE, CLERK
BY:~;U-'1
DEPUT CLERK
IIY
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ATTACHMENT "A"
PARK AND RECREATION FACILITIES IMPACT FEE SCHEDULE
Tvoe of Develooment(l)
Impact Fee Per
Dwelling Unit
Residential (per dwelling unit)
$340.00
$285.00
$285.00
Hotel/Motel (per room)
Recreational Campground (per SpaCE!)
Note:
(1) All 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 development type is applicable, for the appropriate
general development type based on the definitions of residential
development in Section 9.5-490 of the Monroe County Land
Development Regulations.
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