Resolution 495-1992
RESOLUTION NO.
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A RESOLUTION OF THE COUNTY '92F NfWlq~qOO :55
FLORIDA, ESTABLISHING A SCHEDULE OF SHERIFF
FACILITIES IMPACT FEES TO BE IMPOSED ON NEW
DEVELOPMENT PURSUANT TO ARTICLE X, IMPACT
FEES OF THE MONROE COUNTY CODlhJHIfO ENSURE
THAT SHERIFF FACILITIES WILL BE ADEQUATE TO
ACCOMMODATE THE DEMAND GENERATED BY NEW
DEVELOPMENT AT THE ADOPTED LEVELS OF SERVICE
AND TO ASSIGN THE COSTS OF SHERIFF FACILI-
TIES PRO RATA TO NEW DEVELOPMENT IN PROPOR-
TIoN TO THE NEEDS GENERATED BY NEW DEVELOP-
MENT.
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
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, which was as follows:
(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
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'wHEREAS, Monroe County has collected and expended police
facilities impact fees from 1986 through 1992 pursuant to the
existing Fair Share Police Facilities 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 types of facilities for
which inwact 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
Procedural Ordinance (Section 9.5-490
Development Regulations) and the Sheriff
Schedule Resolution have been reviewed by
in public workshops on the fOllowing dates:
and the Impact Fee
of Monroe County Land
Facilities Impact Fee
the Planning Commission
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 I,
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
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WHEREAS, the Board finds that due to the establishment of
Sheriff facilities impact fee subdistricts and limitations on the
appropriation of Sheriff facilities impact fee funds, the fees have
a "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 establish-
ment 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 Board that the Sheriff
fees be consistent with the
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
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
are based upon the data and calculation methodology
the "Sheriff Facilities Impact Fee Report for
Florida" (October 1992); and
this Resolution
incorporated in
Monroe County,
WHEREAS, the Board therefore finds and deems it advisable to
adopt the Monroe County Sheriff Facilities Impact Fee, as hereinaf-
ter 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
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of the County and within the boundaries of participating municipal-
ities:
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.
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) "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,
3.3 patrol vehicles per
resident population.
Patrol Vehicles" shall mean
1,000 unincorporated County
(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 and Subdistricts.
(a) District. The Sheriff Facilities Impact Fee District
shall include the unincorporated area of Monroe County
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and all municipalities
participating in the Monroe
Impact Fee System.
(b) Subdistricts. The Sheriff Facilities Impact Fee
District shall be divided into three (3) Sheriff
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.
within Monroe County
County Sheriff Facilities
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.
Section 5.
Trust Funds Established.
(a) There is hereby established a separate Sheriff
Facilities Impact Fee Trust Fund account for each
Sheriff 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
Sheriff Facilities Impact Fee Trust Fund account may be
expended for Sheriff facilities in any Sheriff
Facilities Impact Fee Subdistrict.
(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
Resolution shall be
its purposes in the
convenience.
Construction. The provisions of this
liberally construed to effectively carry out
interest of public health, safety, welfare and
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.
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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... ~.I\ ..,..," . "-~ ~ y
MAYOR/CHAIRMAN
( SEAL)
ATTEST:
DANNY L. KOLHAGE, CLERK
By: ,6d ~tf~/
DE Y CLERK
I'l'
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ATTACHMENT "A"
SHERIFF FACILITIES IMPACT FEE SCHEDULE
Development Type(l)
Impact 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.
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