CITY COMMISSION AGENDA ITEM City of Fernandina Beach

SUBJECT: Ordinance 2018-44Code Amendment - Impact Fees

ITEM TYPE: Ordinances (w/ fiscal impact)

REQUESTED ACTION: Consider Ordinance 2018-44 at Second Reading.

SYNOPSIS: The City Commission has directed staff to bring forward an Ordinance proposing increases to all impact fees, except sewer and water. In 2015, Dr. James Nicholas, Ph.D. provided a study to the City in compliance with Section 163.31801, Fla. Stats. to update the localized and recent data in support of impact fee amounts. The 2015 Dr. Nicholas study recommended increasing impact fees. The proposed Ordinance increases impact fees, except sewer and water, to the amounts recommended by Dr. Nicholas in 2015.

This Ordinance was approved at First Reading by the City Commission at its Regular Meeting on December 18, 2018.

FISCAL IMPACT:

Budget Maximum RateFY18/19 2015 Study Increased Revenue

Fire Protection 187,500.00 231,958.76 44,458.76 Police Protection 93,750.00 170,689.66 76,939.66 Parks & Recreation 1,000,000.00 1,479,487.18 479,487.18 Admin / Public Facilities 250,000.00 280,379.75 30,379.75

1,531,250.00 2,162,515.34 631,265.34

CITY ATTORNEY COMMENTS: No additional comments.

CITY MANAGER RECOMMENDATION(S): I recommend that the City Commission enact proposed Ordinance 2018-44 at Second Reading.

Dale Martin, City Manager 01/07/2019 Pauline Testagrose, Comptroller 01/07/2019 Tammi E. Bach, City Attorney 01/08/2019

Submitted By: Date: December 19, 2018Nicole Bednar, Administrative Services Manager

COMMISSION ACTION: Enact

Ordinance 2018-44Page 1 of 4

ORDINANCE 2018-44

AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF FERNANDINA BEACH, FLORIDA, UPDATING ORDINANCE 2005-2 AND 2015-26 AND AMENDING THE CODE OF ORDINANCES CHAPTER 2, ARTICLE VII, FINANCE, DIVISION 3, POLICE, FIRE, PARKS AND RECREATION AND PUBLIC FACILITIES IMPACT FEES AND TRUST FUNDS BY RESTATING APPROVAL OF A REASONABLE METHODOLOGY AND ANALYSIS FOR THE DETERMINATION OF THE IMPACT OF NEW DEVELOPMENT ON THE NEED FOR AND COST FOR SERVICES; REPEALING SECTION 2-451 IN ITS ENTIRETY AND ADOPTING A NEW SECTION 2-451, LEGISLATIVE FINDINGS; REPEALING SECTION 2-457 IN ITS ENTIRETY AND ADOPTING A NEW SECTION 2-457; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE.

WHEREAS, the Florida Legislature finds that impact fees are an important source of revenue for a local government to use in funding the infrastructure necessitated by new growth; and

WHEREAS, the Florida Legislature further finds that impact fees are an outgrowth of the home rule power of a local government to provide certain services within its jurisdiction; and

WHEREAS, the City of Fernandina Beach is in compliance with Section 163.31801, Florida Statutes in that the impact fees assessed pursuant to Ordinance 2005-2, continued and updated pursuant to Ordinance 2015-26, and increased fees pursuant to this Ordinance 2018-44 are based upon the most recent and localized data; and

WHEREAS, the City of Fernandina Beach accounts for the revenues and expenditures of Police Protection, Fire & Rescue, Public Facilities and Parks and Recreation impact fees in separate accounting trust funds; and

WHEREAS, any administrative charges for the collection of impact fees are limited to actual costs; and

WHEREAS, this Ordinance increases impact and does require a 90-day notification period prior to adoption; and

WHEREAS, on August 4, 2015, Dr. James C. Nicholas, Ph.D. presented the most recent and localized data regarding impact fees in his “Technical Memorandum on the Update of Parks and Recreation, Fire & Rescue, Police Protection and Public Facilities Impact Fees” dated August 4, 2015 and prepared for the City of Fernandina Beach, attached to Ordinance 2015-26 and this Ordinance 2018-44 as Exhibit “A”; and

WHEREAS, this Ordinance 2018-44 fully incorporates by reference and adopts Dr. Nicholas’ August 4, 2015 Technical Memorandum showing the most recent and localized data in

Ordinance 2018-44Page 2 of 4

support of increasing the City of Fernandina Beach’s Parks and Recreation, Fire & Rescue, Police Protection and Public Facilities Impact Fees.

NOW, THEREFORE, THE CITY OF FERNANDINA BEACH HEREBY ORDAINS:

SECTION 1. The existing Section 2-451 of the Code of Ordinances of the City of Fernandina Beach is hereby repealed in its entirety and a new Section 2-451 is enacted as follows:

Sec. 2-451. - Legislative findings.

The city commission finds, determines and declares that:

(1) Fernandina Beach must expand its fire protection, police protection, parks and recreation and public buildings capital facilities in order to maintain current standards if new development is to be accommodated without decreasing current standards. This must be done in order to promote and protect the public health, safety and welfare;

(2) The state legislature, through the enactment of F.S. § 163.31801 has sought to encourage the city to enact impact fees;

(3) The imposition of impact fees is one of the preferred methods of ensuring that development bears a proportionate share of the cost of fire protection, police protection, parks and recreation and public building capital facilities necessary to accommodate such development. This must be done in order to promote and protect the public health, safety and welfare;

(4) Each of the types of land development described in section 2-457 hereof, will create a need for the construction, equipping, or expansion of fire protection, police protection, parks and recreation and public building capital facilities.

(5) The fees established by section 2-457 are derived from, are based upon, and do not exceed the costs of providing additional capital facilities necessitated by the new land developments for which the fees are levied.

(6) The report entitled "Technical Memorandum on the Update of Parks and Recreation, Fire & Rescue, Police Protection and Public Facilities Impact Fees", dated August 4, 2015, attached to this Ord. No. 2018-44 as Exhibit “A”, sets forth the most recent and localized data for determination of the impact of new development on the need for and costs for additional fire protection, police protection, parks and recreation and public facilities in the City. A copy of this report will remain on file with the office of the city clerk.

Ordinance 2018-44Page 3 of 4

SECTION 2. The existing Section 2-457 of the Code of Ordinances of the City of Fernandina Beach is hereby repealed in its entirety and a new Section 2-457 is enacted as follows:

Sec. 2-457. - Computation of the amount of impact fees.

(a) The amount of impact fees due may be determined by the following fee schedules, or in accordance with subsection (b), herein:

Type of Development Residential Development per Ft2 of Heated Area

Nonresidential Development per Ft2 of Floor Area

Fire protection $0.273 0.360 $0.273 0.360Police protection 0.136 0.264 0.136 0.264Parks and recreation 1.830 2.885 0.000 Public facilities 0.371 0.443 0.371 0.443Total 2.610 3.952 0.780 1.068

(1) Mixed use. If a building permit is requested for mixed uses, then the fee shall be determined through using the above schedules by apportioning the space committed to uses specified on the schedules.

(2) Interpretation.a. If the type of development activity that a building permit is applied for is not specified on the above fee schedules, the city manager shall use the fee applicable to the most nearly comparable type of land use on the above fee schedules.b. If the requirement to pay an impact fee or the amount of such fee is unclear, the city manager shall interpret the impact fee schedule for a feepayer upon request by a feepayer. The city manager shall be guided in the selection of a comparable type of land use or in the interpretation of the fee schedule by the impact fee methodology report and supporting documents for that report, the city comprehensive plan, supporting documents of the city comprehensive plan, and the city zoning ordinance.

(3) In the case of change of use, redevelopment, or expansion or modification of an existing use which requires the issuance of a building permit, the impact fee shall be based upon the net positive increase in the impact fee for the new use as compared to the previous use. The city manager shall be guided in this determination by the sources and agencies listed above.

Ordinance 2018-44Page 4 of 4

(b) If a feepayer opts not to have the impact fee determined according to paragraph (a) of this section, then the feepayer shall prepare and submit to the city manager an independent fee calculation study for the land development activity for which a building permit is sought. The documentation submitted shall show the basis upon which the independent fee calculation was made. The city manager shall consider the documentation submitted by the feepayer but is not required to accept such documentation as he/she shall reasonably deem to be inaccurate or not reliable and may, in the alternative, require the feepayer to submit additional or different documentation for consideration. If an acceptable independent fee calculation study is not presented, the feepayer shall pay impact fees based upon the schedules shown in paragraph (a) of this section. If an acceptable independent fee calculation study is presented, the city manager may adjust the fee to that appropriate to the particular development. Determinations made by the city manager pursuant to this paragraph may be appealed to the city commission by filing a written request with the city clerk within ten (10) days of the city manager's written determination.

SECTION 3. If any section, subsection, sentence, clause, phrase of this ordinance, or the particular application thereof shall be held invalid by any court, administrative agency, or other body with appropriate jurisdiction, the remaining sections, subsections, sentences, clauses, or phrases under this Ordinance shall not be affected thereby.

SECTION 4. That this Ordinance shall become effective 90 days after final adoption, in accordance with Section 163.31801, Fla. Stats.

PASSED AND ADOPTED, this 15th day of January, 2019.

ATTEST: CITY OF FERNANDINA BEACH

_____________________________ ______________________________ Caroline Best John A. Miller City Clerk Commissioner – Mayor

APPROVED AS TO FORM & LEGALITY:

____________________________________Tammi E. BachCity Attorney

NOTICE OF PUBLIC HEARINGCITY COMMISSION

CITY OF FERNANDINA BEACH

NOTICE IS HEREBY GIVEN that a Public Hearing is scheduled for Tuesday, January 15, 2019, at 6:00 PM in the City Commission Chambers, 204 Ash Street Fernandina Beach, Florida to consider the following application:

ORDINANCE 2018-44

AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF FERNANDINA BEACH, FLORIDA, UPDATING ORDINANCE 2005-2 AND 2015-26 AND AMENDING THE CODE OF ORDINANCES CHAPTER 2, ARTICLE VII, FINANCE, DIVISION 3, POLICE, FIRE, PARKS AND RECREATION AND PUBLIC FACILITIES IMPACT FEES AND TRUST FUNDS BY RESTATING APPROVAL OF A REASONABLE METHODOLOGY AND ANALYSIS FOR THE DETERMINATION OF THE IMPACT OF NEW DEVELOPMENT ON THE NEED FOR AND COST FOR SERVICES; REPEALING SECTION 2-451 IN ITS ENTIRETY AND ADOPTING A NEW SECTION 2-451, LEGISLATIVE FINDINGS; REPEALING SECTION 2-457 IN ITS ENTIRETY AND ADOPTING A NEW SECTION 2-457; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE.

Interested parties may appear at said hearing and be heard as to the advisability of any action, which may be considered. Any persons with disabilities requiring accommodations in order to participate in this program or activity should contact 310-3115, TTY/TDD 711 or through the Florida Relay Service at 1-800-955-8771 at least 24 hours in advance to request such accommodation.

IF ANY PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE BOARD/COMMISSION WITH RESPECT TO ANY MATTER CONSIDERED AT SUCH HEARING, S/HE WILL NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED.

For information, please contact the Staff of the City Clerk’s Office, 204 Ash Street, between the hours of 8:00 AM – 5:00 PM, Monday through Friday, (904) 310-3115.

Note: Please run as a DISPLAY in the January 2, 2019 edition of the News Leader.

Please send proof of publication to: City Clerk’s OfficeCity Hall, 204 Ash StreetFernandina Beach, FL 32034904-310-3115

CITY COMMISSION AGENDA ITEM City of Fernandina Beach

SUBJECT: Ordinance 2018-45 Voluntary Annexation - Aspire at Amelia - Lakeside

ITEM TYPE: Resolution (w/ fiscal impact)

REQUESTED ACTION: Consider Ordinance 2018-45 at Second Reading.

SYNOPSIS: Aspire at Amelia II, LLC, requests annexation of a 0.61 acres of land on Amelia Island Parkway that serves as the entrance to the subdivision to be named “Lakeside Reserve,” which is already located within city limits. Staff recommends approval of the annexation request.

This Ordinance was approved at First Reading by the City Commission at its Regular Meeting on December 18, 2018.

FISCAL IMPACT: 25% surcharge on utilities services based on monthly usage to be paid to the City Utilities Department until such time that the property is annexed into the municipal limits.

CITY ATTORNEY COMMENTS: No additional comments.

CITY MANAGER RECOMMENDATION(S): I recommend that the City Commission enact proposed Ordinance 2018-45 at Second Reading.

Nicole Bednar, Administrative Services Manager 12/20/2018 Dale Martin, City Manager 01/04/2019 Pauline Testagrose, Comptroller 01/04/2019 Tammi E. Bach, City Attorney 01/07/2019

Submitted By:

Date: December 18, 2018Kelly Gibson, AICP, Planning Director

COMMISSION ACTION: Enact