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2014-O-19 ORDINANCE NO. 2014-0-19 AN ORDINANCE OF THE CITY OF EDGEWATER AMENDING AND RESTATING THE POLICY TO TEMPORARILY REDUCE APPLICABLE SIDEWALK, FIRE/EMS, POLICE AND TRANSPORTATION/ROAD IMPACT FEES BASED ON JOBS CREATED; PROVIDING FOR CONFLICTING PROVISIONS, SEVERABILITY AND APPLICABILITY AND PROVIDING AN EFFECTIVE DATE/TERMINATION DATE. WHEREAS, Article VIII s. 2(b) of the State Constitution states municipalities shall have the governmental powers to enable them to conduct municipal government, perform municipal functions and render municipal services, and may exercise any power for municipal purposes, except when expressly prohibited by law; and WHEREAS, the City Council adopted Ordinance No: 2004-0-39 on December 6, 2004 to facilitate the appropriation of funds necessary to meet future demands for the continued similar level of service for Transportation/Roadway; and WHEREAS, the City Council adopted Ordinance No: 2003-0-15 on January 5, 2004 to facilitate the appropriation of funds necessary to meet future demands for the continued similar level of service for Sidewalks; and WHEREAS, the City Council adopted Ordinance No: 2001-0-01 on March 19, 2001 to facilitate the appropriation of funds necessary to meet future demands for the continued similar level of service for Fire/EMS; and WHEREAS, the City Council adopted Ordinance No: 2003-0-15 on January 5, 2004 to facilitate the appropriation of funds necessary to meet future demands for the continued similar level of service for Police; and WHEREAS, on September 13, 2010 the City Council adopted Ordinance No: 2010-0-16 established a policy that temporarily reduced Impact Fees for Fire/EMS, Sidewalks, Police and Transportation/Roadway; and WHEREAS, on July 18, 2011 the City Council authorized an extension of the originating Ordinance No: 2010-0-16 that temporarily reduced Impact Fees for Fire/EMS, Sidewalks, Police and Transportation/Roadway. The extension was for an additional 1-year period identifying September 30,2012 as the termination date; and WHEREAS, City Council approved Ordinance No. 2012-0-03, amending and restating the policy to temporarily reduce impact fees for non-residential properties to include the additional waiver for industrial properties on May 14,2012. WHEREAS, on July 15, 2013 the City Council authorized an extension of Ordinance No. 2012-0-03 for an additional 1-year period identifying September 30, 2014 as the termination date; and 1 SiTike-tlar-eugh passages are deleted. Underlined passages are added. WHEREAS, the City Council desires to enhance economic development by reducing impact fees for non-residential development and non-residential redevelopment that will encourage the creation of additional jobs; and WHEREAS, the City Council desires to continue the temporary policy to allow for the adjustments of no more than fifty (50) percent to the assessment and collection of all non- residential impact fees in order to stimulate the non-residential growth in the City of Edgewater; and WHEREAS, the City of Edgewater Economic Development Board has determined the need for additional industrial development in order to attract larger industrial/manufacturing industry that would create additional jobs for the area; and WHEREAS, the City of Edgewater Economic Development Board has determined that there is a need to have an inventory of available industrial buildings for those interested in locating within the Edgewater area and require a completed industrial/manufacturing building to facilitate an immediate start-up; and WHEREAS, during the Economic Development Board meeting on March 7, 2012 the Board unanimously requested for the City Council to amend the present policy to temporarily waive all Transportation/Road Impact fees for structures over 10,000 square feet located in an Industrial Zoned area; and NOW, THEREFORE, BE IT ENACTED by the People of the City of Edgewater,Florida: PART A. ESTABLISHING POLICY TO TEMPORARILY ALLOW FOR ADJUSTMENTS TO THE ASSESSMENT AND COLLECTION OF ALL NON-RESIDENTIAL IMPACT FEES AS SET FORTH BELOW: Section 1. All new development and redevelopment of non-residential properties that will create additional Full Time Equivalent(FTE)jobs will be eligible for a reduction of no more than fifty (50) percent from the referenced impact fees. A Full Time Equivalent (FTE) job is considered to be jobs offered at 32-hours or greater in a one week period. Application for construction of the new development or redevelopment upon which a reduction in impact fees is sought shall occur within 30 days of this agreement and construction shall start within 90 days from the effective date of the issuance of any development orders/approvals and must be completed within 12 months from the date of commencement of construction. Additionally, any structure over 10,000 square feet located in an Industrial Zoned Area shall have of no more than fifty (50)percent of the applicable Transportation/Road Impact Fees waived. Section 2. The reduction will be equivalent to $2,000 for each FTE job created and cannot exceed the sum total of the eligible referenced impact fees. The reduction will be equally divided among the applicable referenced impact fees, but shall not exceed more than fifty (50) percent of said impact fees. 2 S#ike413reugh passages are deleted. Underlined passages are added. Section 3. FTE created jobs receiving the impact fee reduction must be continuously retained for a 12 month period after construction is completed. The City will record a lien against the real property that the project is associated with equal to the sum total of the impact fees that had received the reduction based on the number of jobs created. If the FTE jobs created are not retained for a twelve month period or any other condition related to the reduction is not met, then the appropriately adjusted reduced impact fee shall become immediately due and payable dating back to the date the adjusted fees would have been assessed. Once the adjusted impact fees are satisfied,the City will release the liens associated with the reduced portion of the impact fees. Section 4. Any person or entity seeking a reduction in impact fees as described herein shall file with the City an application for reduction, prior to receiving a building permit for the new development. The application shall, at a minimum, contain; 1)the name and address of the applicant, 2) an up-to-date, complete legal description of the site upon which the development is proposed to be located, 3)the nature of the business and the estimated number of FTE jobs anticipated to be created by the new development. Applicants must execute an agreement with the City of Edgewater describing the FTE jobs to be created and agree to reimburse the credited impact fee reduction if 1) construction is not commenced within 90 days of the effective date of the development orders/approvals, 2) construction is not completed within 12 months from the date of commencement of construction and 3) the FTE jobs created are not continuously retained for the entire 12 month period. In the event only a portion of the FTE jobs anticipated to be created are not retained for the entire 12 month period, only that portion of impact fee reduction associated with those FTE jobs will be due and payable and the Applicant shall maintain the benefit of the reduction for those FTE jobs which are indeed retained for the entire 12 month period. The required timeframes may only be extended by the City after approval by the City Council and execution of an amendment to the agreement by both the City and the Applicant. Section 5. Applicants must agree to supply any documentation requested in order to justify and/or confirm the maintenance of the FTE jobs. Referenced documentation may be requested at any time throughout the agreement period. Section 6. Applicants will be responsible for any disclosure of tax requirement affiliated with the reduction of impact fees affiliated with the creation of the FTE jobs. Section 7. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 8. This ordinance shall become effective immediately upon adoption and shall expire on September 30, 2015. Upon expiration, all impact fees payable in accordance with the City's impact fee ordinances shall be again due and payable upon all new development and redevelopment projects. Only those development or redevelopment projects with a fully executed agreement on or before the date of expiration shall remain eligible for a reduction in impact fees as described herein provided the terms of the agreement are met and continue to be met. Section 9. The expiration of this ordinance may be extended in periods not to exceed 3 passages are deleted. Underlined passages are added. one (1) year periods by the City Council provided the City Council approves the extension prior to its expiration. PART B. CONFLICTING PROVISIONS. All conflicting ordinances and resolutions, or parts thereof in conflict with this ordinance, are hereby superseded by this ordinance to the extent of such conflict. PART C. SEVERABILITY AND APPLICABILITY. If any portion of this ordinance is for any reason held or declared to be unconstitutional, inoperative, or void, such holding shall not affect the remaining portions of this ordinance. If this ordinance or any provisions thereof shall be held to be inapplicable to any person, property, or circumstance, such holding shall not affect its applicability to any other person, property, or circumstance. PART D. EFFECTIVE DATE/TERMINATION DATE. That this ordinance shall become effective upon its final adoption and shall terminate on September 30, 2015. PART E. ADOPTION. After Motion to approve by Councilwoman Power with Second by Councilman Emter, the vote on the first reading of this ordinance held on September 8, 2014 was as follows: AYE NAY Mayor Mike Thomas X Councilwoman Christine Power X Councilwoman Gigi Bennington X Councilman Mike Ignasiak X Councilman Gene Emter X 4 StFike4hfeugh passages are deleted. Underlined passages are added. After Motion to approve by (bt 011u ,with Second by A ii iom u. Per( , the vote on the second reading/public hearing of this ordinance held on September 22, 2014, was as follows: AYE NAY Mayor Mike Thomas Councilwoman Christine Power _ _ Councilwoman Gigi Bennington X Councilman Mike Ignasiak Councilman Gene Emter X PASSED AND DULY ADOPTED this 22nd day of September, 2014. ATTEST: CITY COUNCIL OF THE CITY OF EDGEW TER,F ORIDA i` t 4. ,, / \ Byi Bonnie Wenzel Mike Th mas City Clgft1+ Mayor S Robin L. Matusick Paralegal � n For the use and reliance only by the City of Approved by the City Council of the City of Edgewater, Florida. Approved as to form and Edgewater at a meeting held on this 22nd day legality by: Aaron R. Wolfe, Esquire of September, 2014 under Agenda Item No. City Attorney 8 Q. Doran, Sims, Wolfe & Kundid, Ciocchetti&Wagner 5 Stfike4lifetigh passages are deleted. Underlined passages are added.