Loading...
HomeMy WebLinkAbout12022009Specialaft OF HOME OF PELICAN ISLAND SEBASTIAN CITY COUNCIL ECONOMIC DEVELOPMENT WORKSHOP AGENDA WEDNESDAY, DECEMBER 2, 2009 6:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA AGENDA ITEMS MAYBE INSPECTED IN THE OFFICE OF THE CITY CLERK 1225 MAIN STREET, SEBASTIAN, FLORIDA OR ON THE CITY WEBSITE PUBLIC INPUT WILL BE HEARD DURING DISCUSSION OF EACH ITEM 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL 4. PRESENTATION INDIAN RIVER COUNTY COMMISSION CHAIRMAN, PETER O'BRYAN 1 -12 5. REVIEW SEBASTIAN ECONOMIC DEVELOPMENT PLAN (City Manager Transmittal, City of Sebastian Economic Development Plan) 13 -20 A. Indian River County Economic Development Incentives (IRC Incentives) 21 -67 6. REVIEW DRAFT TAX ABATEMENT IMPLEMENTATION ORDINANCE (Pertinent Florida Statutes Concerning Tax Abatement, Draft City of Sebastian Tax Abatement Ordinance, Model Tax Abatement Regulations from Melbourne (from which our draft is derived], Palm Coast, Miami/Dade, St. Lucie County, Model Tax Abatement Granting Ordinance, Melbourne ED Tax Abatement Program Steps) 69 -101 7. CONSIDERATION OF ADDITIONAL ECONOMIC INCENTIVES (Recent IRC Incentive Actions, IRC Memo and Proposed Amendments, Proposed IRC Resolution, IRC Memo Fast Tracking Target Industries, IRC Memo and Proposed Amendments) A. Land Development Code Exemptions B. Establish Economic Development Office C. Fast Track Permitting D. Consideration of Temporary Suspension of Other Regulations 8. ADJOURN HEARING ASSISTANCE HEADPHONES ARE AVAILABLE IN THE COUNCIL CHAMBERS FOR ALL GOVERNMENT MEETINGS. All City Council Meetings are Aired Live on Comcast Channel 25. ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE WITH RESPECT TO ANY MATTER CONSIDERED SUBSEQUENT TO THIS WORKSHOP WILL NEED A RECORD OF THE PROCEEDINGS AND MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENSE UPON WHICH THE APPEAL IS TO BE HEARS. (F.S.286.0105) IN COMPLIANCE WITH THE AMERICAN WITH DISABILITIES ACT (ADA), ANYONE WHO NEEDS A SPECIAL ACCOMODATION FOR THIS MEETING SHOULD CONTACT THE CITY'S ADA COORDINATOR AT 589 -5330 AT LEAST 48 HOURS IN ADVANCE OF THIS MEETING. Workshops and Special Meetings. Public input is limited to the item on the agenda Time Limit Input on agenda items where public input is permitted on agendas is FIVE MINUTES, however, City Council may extend or terminate an individual's time by majority vote of Council members present. Input Directed to Chair Speakers shall address the City Council IMMEDIATELY PRIOR TO CITY COUNCIL DELIBERATION of the agenda item and ALL INPUT SHALL BE DIRECTED TO THE CHAIR, unless answering a question of a member of City Council or City staff. Individuals shall not address City Council after commencement of City Council deliberation on an agenda item after public input has concluded, provided, however, the Mayor and members of City Council may recall an individual to provide additional information or to answer questions. Certain Remarks Prohibited Personal, impertinent, and slanderous remarks, political campaigning and applauding are not permitted and may result in expulsion from the meeting. The Chair shall make determinations on such remarks, subject to the repeal provisions below. Appealing Decisions of Chair Any member of Council may appeal the decision of the Chair to the entire Council. A majority vote of City Council shall overrule any decision of the Chair. Subject: E onomic Development Workshop Ap ov Submittal by: i Agenda No. 09- b418 Department Origin: City Attorney: City Manager City Clerk: Date Submitted: 2 No v 09 in er, City Manager Exhibits: EXPENDITURE REQUIRED: N/A AMOUNT BUDGETED: N/A APPROPRIATION REQUIRED: N/A 01Y OF HOME OF PELICAN ISLAND AGENDA TRANSMITTAL SUMMARY Enclosed are several attachments including a draft of model ordinance and economic development program samples. Staff has attempted to divide the workshop into specific phases to focus discussion that include (1) County Input from Peter O'Bryan Board of County Commissioners Chairman; (2) review of the City's Economic Development Plan; (3) discussion on a draft of the City of Sebastian's Tax Abatement adoption ordinance; (4) consideration of other incentives based on some of the items Indian River County has adopted. Please note the items in the packet are labeled as follows: Sebastian's Adopted Economic Development Comprehensive Plan Element Indian River County Incentive Information Pertinent Florida Statutes Guiding Tax Abatement Draft Sebastian Tax Abatement Ordinance Sample Tax Abatement Regulations From City of Melbourne City of Palm Coast Miami /Dade St. Lucie County Tax Abatement Approval Ordinance (City of Melbourne). After adopting a tax abatement ordinance, each business abatement will require a specific ordinance per statutes. Recent Indian River County Incentive Actions to include: Permit Fast Tracking The City of Sebastian has completed this item in the Economic Development Plan. Council may want to formalize this action with a Resolution LDR modification /suspensions Formal Creation of an Economic Development Office RECOMMENDATION No recommendation is required. Staff will respond and establish task items based on Council direction. HOME OF PELICAN ISIAND CITY OF SEBASTIAN ECONOMIC DEVELOPMENT PLAN 40 RESOLUTION NO. R -09 -11 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, APPROVING A DRAFT ECONOMIC DEVELOPMENT PLAN FOR THE CITY OF SEBASTIAN DATED MARCH 2009 AND USING SUCH PLAN AS THE GROUNDWORK FOR A FINAL ECONOMIC DEVELOPMENT ELEMENT TO BE INCORPORATED INTO THE CITY OF SEBASTIAN COMPREHENSIVE PLAN AT A LATER DATE; PROVIDING FOR CONFLICT; PROVIDING FOR EFFECTIVE DATE. WHEREAS, the City Council recognizes the need for a City of Sebastian Economic Development Plan to encourage commercial and light industrial development for job growth in the City of Sebastian; and WHEREAS, the City of Sebastian in conjunction with the Sebastian River Area Chamber of Commerce and Chamber Economic Development Task Force have worked together over the last two years to develop an economic development plan; and WHEREAS, City Council at its February 18, 2008 workshop discussed the draft plan and directed staff to bring back a Resolution for adoption. NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF SEBASTIAN, as follows: Section 1. AUTHORIZATION. The City Council hereby adopts the March 2009 Draft City of Sebastian Economic Development Plan as attached hereto as Exhibit "A Section 2. CONFLICTS. All resolutions or parts of resolutions in conflict herewith are hereby repealed. Section 3. EFFECTIVE DATE. This resolution shall take effect immediately upon its adoption. The foregoing Resolution was moved for adoption by Council member The motion was seconded by Council member and, upon being put into a vote, the vote was as follows: day of March, 2009. ATTEST: Sally A. Maio, MMC City Clerk Mayor Richard Gillmor Vice Mayor Jim Hill Council Member Andrea Coy Council Member Dale Simchick Council Member Eugene Wolff The Mayor thereupon declared this Resolution duly passed and adopted this 11th CITY OF SEBASTIAN, FLORIDA By: Richard H. Gillmor, Mayor Approved As to Form And Legality For Reliance by the City Of Sebastian Only: Robert A. Ginsburg, City Attorney 2 Cf1Y OF HOME OF PELICAN ISLAND CITY OF SEBASTIAN COMPREHENSIVE PLAN ECONOMIC DEVELOPMENT ELEMENT MARCH 2009 DRAFT Prepared By: City of Sebastian Growth Management Department 1225 Main Street Sebastian, Florida 32958 CITY OF SEBASTIAN COMPREHENSIVE PLAN ECONOMIC DEVELOPMENT ELEMENT Preamble In April 2007, the Sebastian City Council conducted an Economic Development Workshop. This exercise was held in conjunction with the Sebastian River Area Chamber of Commerce, who sponsored Bill Fruth, a nationally renowned economist, as a speaker for the meeting. As a result of the workshop, the City Council unanimously agreed to create an Economic Development Plan for the City of Sebastian. Subsequently, the City Council adopted Resolution #R- 07 -45, which enlisted the efforts of the Chamber of Commerce to help develop a plan. Accordingly, the Sebastian River Area Chamber of Commerce started the task assigned by the City Council and created an Economic Development Task Force. The task force's members were appointed by the Chamber of Commerce and included citizens with business backgrounds and perspectives. From November 2007 through April 2008, the task force met and deliberated. Their final product entitled "Economic Development Plan for the City of Sebastian" was presented to the City Council in a workshop on January 7, 2009. The Council formally accepted the plan as presented by the Sebastian River Area Chamber of Commerce. In moving forward with this endeavor, the Chamber of Commerce's Economic Development Plan was used as the foundation for this element of the City of Sebastian's Comprehensive Plan. CHAPTER -i DRAFT GOAL It is the goal of the City of Sebastian to promote economic growth through commercial development, light industrial development and job creation. OBJECTIVE 1: Identify business sector targets that offer light clean business industry and support a living wage. Policy 1.1: The City shall support primary and secondary target industries as adopted by Indian River County. In addition, the City recognizes the special characteristics of the local economy and will develop Sebastian target industries as an addendum to County wide targets. The City also identifies industries which are detrimental to the community and seeks to avoid. The target list shall be reviewed as needed in order to reflect the current economic climate. Primary Target Industries 1. Clean Light Industrial Warehousing, Distribution 2. Aviation /Aerospace Technology 3. Medical Industry 4. Marine Boat Manufacturer, Fishing Equipment 5. Eco- Tourism Related Businesses 6. Green Initiatives Secondary Target Industries 1. Retail 2. Aquaculture 3. Automotive 4. Surfing /Fishing Equipment 5. Family Entertainment Industries to Avoid 1. Heavy Industrial /Manufacturing 2 Chemical 3. Fertilizer 4. Cement Objective 2: The City of Sebastian will provide new and expanding businesses with incentives, if certain job criteria are met. Policy 2.1: New and expanding business shall diversify the local economy and increase the tax base by paying wages that are equal to or above 100% of the average wage and benefits in Indian River County as published and identified by the Indian River County Chamber of Commerce. Policy 2.2: New and expanding business seeking City of Sebastian incentives shall create a minimum of five (5) new jobs. CHAPTER -1 DRAFT Objective 3: For new and expanding business that meet the policies in Objective 2, the City shall provide financial and other incentives. Policy 3.1: The City of Sebastian will offer expedited site plan review that guarantee administrative determination, and permit issuance, within sixty (60) days of formal permit application. Administrative determination and permit issuance that require review, approval, and issuance by the appropriate local advisory board and /or City Council, will be guaranteed review by the local authority within sixty (60) days from formal permit application. Note: Policy Statements 3.2 through 3.5 are suggestions for Council Consideration to promote discussion on the incentive question. Policy 3.2: Partner with Indian River County in providing ad valorem tax credits. Policy 3.3: Provide CRA financing for County Impact Fees. Policy 3.4: Allow the use of CRA funds to reduce the cost of: 1. Water /Sewer Connections; 2. Local Building Permit Fees Policy 3.5: Provide special lease arrangements at the Sebastian Municipal Airport that mitigate construction and future costs. OBJECTIVE 4: The City of Sebastian recognizes that all new, expanding and existing business is important to the local economy. The City shall implement policies that promote business development no matter their size or impact on the local economy. Policy 4.1: Develop a marketing plan to target the identified sectors. Policy 4.2: Consider areas outside the City for annexation that could provide future areas for commercial or industrial development. Objective 5: The City of Sebastian shall promote, develop and enhance the use of the Sebastian Municipal Airport. Policy 5.1: The Sebastian Municipal Airport shall actively market airport industrial lots and space and coordinate its marketing plans with other area marketing plans. Policy 5.2: The Sebastian Municipal Airport will seek grants and other funding opportunities to improve roads and infrastructure delivery. Policy 5.3: In developing the Sebastian Municipal Airport, win -win scenarios will be realized that support the economy, while protecting the natural environment and conservation areas that encompass the airport. CHAP 1 'ER -2 DRAFT Objective 6: The City of Sebastian will promote and provide a skilled labor force by ensuring that educational and housing opportunities flourish. Policy 6.1: Establish a list of training needs for target and other businesses. Policy 6.2: Further education efforts for job training programs through local high schools that provide vocational training and assist, if necessary, in providing venues for training. Policy 6.3 Continue partnering with Indian River State College for post secondary educational training opportunities. Policy 6.4: Develop other contacts for four -year colleges or universities to determine the probability of a branch campus or research facility being established in Sebastian. Policy 6.5: The City will work with the County's Local Housing Assistance Program, Workforce Housing Tax Credit Program, and other housing programs, to provide and continue to provide affordable housing opportunities within Sebastian. OBJECTIVE 7: Provide technical assistance to business. Policy 7.1: The City of Sebastian will create a Business Assistance Team in order to promote Sebastian, as well as provide technical assistance to existing, expanding, or new businesses through the regulatory processes of the City, County, State and Federal governments. Policy 7.2: The Sebastian River Area Chamber of Commerce and other economic development groups designated by the City Council shall develop and provide a community information package for new businesses and or businesses relocating to Sebastian. OBJECTIVE 8: Intergovernmental Coordination with other local municipalities, the County State, and Federal agencies for economic development. Policy 8.1: The City shall involve appropriate parties in any economic development project so that all entities are properly represented. Policy 8.2: The City through pre application meetings and site plan review meetings, shall review procedures, identify needed permits, and provide information and feedback to applicants to expedite the permitting process. The City shall also assist applicants by providing information on non -county required permits or reviews and provide contact information. OBJECTIVE 9: Tourism Development Policy 9.1: Market the City's historic themes on an eco- tourism and cultural tourism basis. Policy 9.2: Support the Sebastian River Area Chamber of Commerce efforts to market the Sebastian area as a vacation /recreation area. CHAP 1'ER -3 DRAFT lti' Policy 9.3: The City shall maintain gateway corridors (primarily 512 and US 1) with landscaping and pedestrian amenities. Policy 9.4: The City shall explore historic tourism opportunities including walking tours. Policy 9.5: The City shall participate with the MPO in the North County Greenways plan for pedestrian, bicycle and waterway corridors. CHAPTER -4 DRAFT HOME OF PELICAN ISLAND INDIAN RIVER COUNTY INCENTIVES Incentives to Relocate or Expand Your Business in Indian River County, Florida A Certified Green Local Government Gateway to Florida's Research Coast Florida's R eseorc h WWW.FLORIDARC.coM Indian River County Chamber of Commerce We invite you to join other exceptional Indian River County businesses to see why: Indian River County is central to your success! Incentives for Targeted Industries Include: Local Jobs Grant Program Enterprise Zone Tax Benefits Waive County Utility Deposits Eligibility for Local Incentive Programs At least five new jobs are created within six months of appropriate incentive approval, or a time period as negotiated by the Board of County Commissioners Salary or wages are equal to or greater than 75% of the county's average annual wage Type of business is included on the county's Targeted Industry Cluster list, below Targeted Industry Clusters Include: Clean Energy Solar Energy Biomass Energy /Biofuels Fuel Cells and Hydrogen Ocean Energy Life Sciences Industry Biotechnology Medical Device Manufacturing Pharmaceuticals Health Care Information Technology IT Products /Services Software Development Modeling /Simulation/Training Photonics /Lasers /Optics Microelectronics Telecommunications Indian River County, Florida Economic Development Incentives Special Incentives Granted by the Board of County Commissioners Local Training Grants State of Florida programs Aviation /Aerospace Aviation Education Aircraft Manufacturing General Aviation Services Medical Flight Support Emerging Technologies Materials Science Nanotechnology Marine Science Financial /Professional Services Corporate /Regional Headquarters Research and Development Arts, Entertainment, Recreation Sports Facilities Film Shoots Manufacturing /Warehouse /Distribution Other clean light industries that have an average annual wage equal to or above the county -wide a -rage annual wage and that support an innovation economy. Local Jobs Grant Program The Local Jobs Grant Program is a cash incentive paid to a business meeting eligibility requirements as specified above. Grants are paid over a three -year period, after the new jobs are in place, provided that the business has maintained the minimum job threshold at the wage levels stated on the application. The application is submitted to the Indian River County Chamber of Commerce and reviewed for completeness. It is forwarded to the county's Economic Development Council, who makes a recommendation to the Board of County Commissioners. Grant Calculation 75% of county average wage 100% of county average wage 150% of county average wage $3,000 per job $5,000 per job $7,000 per job A 10% bonus is available when a business locates or expands within the Enterprise Zone. The maximum grant amount available to an individual company is $500,000, except for businesses in the Enterprise Zone. The Local Jobs Grant Program can be used as the local match required by the state's Qualified Targeted Industry Tax Refund Program, as explained on the next page. Enterprise Zone Program The Indian River County /City of Vero Beach Enterprise Zone encompasses 4.7 square miles, including properties within the Vero Beach Municipal Airport and the adjacent Gifford Community north of the airport. Businesses located in the Enterprise Zone can take advantage of the following benefits: Sales tax refunds for new equipment purchased and used in the Enterprise Zone Sales tax refunds on construction materials used in the rehabilitation of real property in the Enterprise Zone Corporate or sales tax credits for new jobs created and filled by Enterprise Zone residents Corporate tax credit based on the increased value of new or improved property The Indian River County Chamber of Commerce coordinates local Enterprise Zone activities. Waive County Utility Deposit The county will guarantee county utility deposits (water, sewer) for targeted businesses, as described, who also meet the criteria below. In lieu of paying the deposit amounts up front, the county will pledge funds that may be drawn upon when necessary. A business included on the county's Targeted Industry List, and A good credit history, and A utility deposit of less than $10,000. For businesses with a utility deposit of more than $10,000, the county will guarantee up to $10,000 Special Incentives Granted by the Board of County Commissioners The Board of County Commissioners has flexibility to grant special incentives on a case by case basis, based on job creation, wage levels and increased property taxes. Incentives could include the purchase or lease of land, infrastructure improvements, payment or financing of county impact fees, or cash incentives. Local Training Grants /Assistance On the Job Training Grants: OJT helps employers offset the costs associated with new hires. The Grant serves as a cost effective way for local employers to hire quality applicants by reimbursing up to 50% of the employee's salary during their training period. Grants may be accessed through Workforce Solutions. Employed Worker Training Grants: Employed Worker Training grants reimburse employers for up to 50% of direct training costs to train current employees in new skills that may lead to greater productivity. The employer chooses the training that meets company needs. Grants may be accessed through Workforce Solutions. Recruitment/Assessment Services: At no cost, Workforce Solutions will assist businesses in finding qualified candidates who are trained and equipped with the right skills to fill their positions. Professional Recruiters efficiently recruit, screen and refer only qualified applicants to open positions. Florida Qualified Target Industry Tax Refund Program (QTI) A business located outside of an Enterprise Zone may be eligible to receive a tax refund of up to $5,000 per new job created. If a business locates within an Enterprise Zone, they may be eligible for up to $8,000 per job in the tax refunds. Eligibility criteria includes: o Inclusion on the state /local Targeted Industry list o For companies new to Florida, creating at least 10 new jobs; expansions will result in a 10% increase in the company's employment o New employees are paid an average annual wage equal to or exceeding 115% of the county's average wage Through the county's Local Jobs Grant Program, local government provides the program's required 20% match of total taxes refunded Florida Incumbent Worker Training (IWT) Provides grant funding for customized re- training of existing full -time permanent employees to upgrade skills in companies expanding in Florida Training costs covered include curriculum development, materials and instructors Funds are granted through Workforce Solutions, the region's local workforce development agency; the maximum grant amount is $50,000 Types of training include occupational skills, computer software, CEUs, workplace literacy and soft skills Florida Quick Response Training Program (QRT) Provides grant funding for customized training for new full -time permanent employees for companies new to Florida or expanding in Florida Training costs covered include curriculum development, materials and instructors All job openings associated with the QRT project are posted through Workforce Solutions One Stop Career Centers Priority is given to high quality jobs paying an average annual wage of at least 115% of the county's average wage and for jobs created in an Enterprise Zone Florida Economic Development Transportation Fund (EDTF) The Economic Development Transportation Fund program (EDTF), also known as the Road Fund program, is designed to alleviate transportation problems that adversely impact a specific company's location or expansion decision. Improvements include publicly maintained access points, such as: access roads to a site, signalization, airport taxiway, or road widening. Project approval is based upon: Capital investment made by the benefiting company Number of permanent full -time jobs to be created and /or retained at the facility, and Average hourly wage, excluding benefits, for the new /retained permanent full -time employees Up to $3,000,000 may be granted to a local government to implement the improvements on the company's behalf, limited to $7,000 per job created and /or retained. A waiver of the per job limit may be granted for projects in an Enterprise Zone HOME OF PELICAN ISLAND PERTINENT FLORIDA STATUTES CONCERNING TAX ABATEMENT 196.012 Definitions. -For the purpose of this chapter, the following terms are defined as follows, except where the context clearly indicates otherwise: (1) "Exempt use of property" or "use of property for exempt purposes" means predominant or exclusive use of property owned by an exempt entity for educational, literary, scientific, religious, charitable, or governmental purposes, as defined in this chapter. (2) "Exclusive use of property" means use of property solely for exempt purposes. Such purposes may include more than one class of exempt use. (3) "Predominant use of property" means use of property for exempt purposes in excess of 50 percent but Tess than exclusive. (4) "Use" means the exercise of any right or power over real or personal property incident to the ownership of the property. (5) "Educational institution" means a federal, state, parochial, church, or private school, college, or university conducting regular classes and courses of study required for eligibility to certification by, accreditation to, or membership in the State Department of Education of Florida, Southern Association of Colleges and Schools, or the Florida Council of Independent Schools; a nonprofit private school the principal activity of which is conducting regular classes and courses of study accepted for continuing postgraduate dental education credit by a board of the Division of Medical Quality Assurance; educational direct support organizations created pursuant to ss. 1001.24, 1004.28, and 1004.70; facilities located on the property of eligible entities which will become owned by those entities on a date certain; and institutions of higher education, as defined under and participating in the Higher Educational Facilities Financing Act. (6) Governmental, municipal, or public purpose or function shall be deemed to be served or performed when the lessee under any leasehold interest created in property of the United States, the state or any of its political subdivisions, or any municipality, agency, special district, authority, or other public body corporate of the state is demonstrated to perform a function or serve a governmental purpose which could properly be performed or served by an appropriate governmental unit or which is demonstrated to perform a function or serve a purpose which would otherwise be a valid subject for the allocation of public funds. For purposes of the preceding sentence, an activity undertaken by a lessee which is permitted under the terms of its lease of real property designated as an aviation area on an airport layout plan which has been approved by the Federal Aviation Administration and which real property is used for the administration, operation, business offices and activities related specifically thereto in connection with the conduct of an aircraft full service fixed base operation which provides goods and services to the general aviation public in the promotion of air commerce shall be deemed an activity which serves a governmental, municipal, or public purpose or function. Any activity undertaken by a lessee which is permitted under the terms of its lease of real property designated as a public airport as defined in s. 332.004(14) by municipalities, agencies, special districts, authorities, or other public bodies corporate and public bodies politic of the state, a spaceport as defined in s. 331.303, or which is located in a deepwater port identified in s. 403.021(9)(b) and owned by one of the foregoing governmental units, subject to a leasehold or other possessory interest of a nongovernmental lessee that is deemed to perform an aviation, airport, aerospace, maritime, or port purpose or operation shall be deemed an activity that serves a governmental, municipal, or public purpose. The use by a lessee, licensee, or management company of real property or a portion thereof as a convention center, visitor center, sports facility with permanent seating, concert hall, arena, stadium, park, or beach is deemed a use that serves a governmental, municipal, or public purpose or function when access to the property is open to the general public with or without a charge for admission. If property deeded to a municipality by the United States is subject to a requirement that the Federal Government, through a schedule established by the Secretary of the Interior, determine that the property is being maintained for public historic preservation, park, or recreational purposes and if those conditions are not met the property will revert back to the Federal Government, then such property shall be deemed to serve a municipal or public purpose. The term "governmental purpose" also includes a direct use of property on federal lands in connection with the Federal Government's Space Exploration Program or spaceport activities as defined in s. 212.02(22). Real property and tangible personal property owned by the Federal Government or Space Florida and used for defense and space exploration purposes or which is put to a use in support thereof shall be deemed to perform an essential national governmental purpose and shall be exempt. "Owned by the lessee" as used in this chapter does not include personal property, buildings, or other real property improvements used for the administration, operation, business offices and activities related specifically thereto in connection with the conduct of an aircraft full service fixed based operation which provides goods and services to the general aviation public in the promotion of air commerce provided that the real property is designated as an aviation area on an airport layout plan approved by the Federal Aviation Administration. For purposes of determination of "ownership," buildings and other real property improvements which will revert to the airport authority or other governmental unit upon expiration of the term of the lease shall be deemed "owned" by the governmental unit and not the lessee. Providing two -way telecommunications services to the public for hire by the use of a telecommunications facility, as defined in s. 364.02(15), and for which a certificate is required under chapter 364 does not constitute an exempt use for purposes of s. 196.199, unless the telecommunications services are provided by the operator of a public -use airport, as defined in s. 332.004, for the operator's provision of telecommunications services for the airport or its tenants, concessionaires, or licensees, or unless the telecommunications services are provided by a public hospital. (7) "Charitable purpose" means a function or service which is of such a community service that its discontinuance could legally result in the allocation of public funds for the continuance of the function or service. It is not necessary that public funds be allocated for such function or service but only that any such allocation would be legal. (8) "Hospital" means an institution which possesses a valid license granted under chapter 395 on January 1 of the year for which exemption from ad valorem taxation is requested. (9) "Nursing home" or "home for special services" means an institution which possesses a valid license under chapter 400 on January 1 of the year for which exemption from ad valorem taxation is requested. (10) "Gross income" means all income from whatever source derived, including, but not limited to, the following items, whether actually owned by or received by, or not received by but available to, any person or couple: earned income, income from investments, gains derived from dealings in property, interest, rents, royalties, dividends, annuities, income from retirement plans, pensions, trusts, estates and inheritances, and direct and indirect gifts. Gross income specifically does not include payments made for the medical care of the individual, return of principal on the sale of a home, social security benefits, or public assistance payments payable to the person or assigned to an organization designated specifically for the support or benefit of that person. (11) "Totally and permanently disabled person" means a person who is currently certified by two licensed physicians of this state who are professionally unrelated, by the United States Department of Veterans Affairs or its predecessor, or by the Social Security Administration, to be totally and permanently disabled. 2 (12) "Couple" means a husband and wife legally married under the laws of any state or territorial possession of the United States or of any foreign country. (13) "Real estate used and owned as a homestead" means real property to the extent provided in s. 6(a), Art. VII of the State Constitution, but less any portion thereof used for commercial purposes, with the title of such property being recorded in the official records of the county in which the property is located. Property rented for more than 6 months is presumed to be used for commercial purposes. (14) "Renewable energy source device" or "device" means any of the following equipment which, when installed in connection with a dwelling unit or other structure, collects, transmits, stores, or uses solar energy, wind energy, or energy derived from geothermal deposits: (a) Solar energy collectors. (b) Storage tanks and other storage systems, excluding swimming pools used as storage tanks. (c) Rockbeds. (d) Thermostats and other control devices. (e) Heat exchange devices. (f) Pumps and fans. (g) Roof ponds. (h) Freestanding thermal containers. (i) Pipes, ducts, refrigerant handling systems, and other equipment used to interconnect such systems; however, conventional backup systems of any type are not included in this definition. (j) Windmills. (k) Wind- driven generators. (I) Power conditioning and storage devices that use wind energy to generate electricity or mechanical forms of energy. (m) Pipes and other equipment used to transmit hot geothermal water to a dwelling or structure from a geothermal deposit. (15) "New business" means: (a)1. A business establishing 10 or more jobs to employ 10 or more full -time employees in this state, which manufactures, processes, compounds, fabricates, or produces for sale items of tangible personal property at a fixed location and which comprises an industrial or manufacturing plant; 2. A business establishing 25 or more jobs to employ 25 or more full -time employees in this state, the sales factor of which, as defined by s. 220.15(5), for the facility with respect to which it requests an 3 (16) "Expansion of an existing business" means: (a)1. A business establishing 10 or more jobs to employ 10 or more full -time employees in this state, which manufactures, processes, compounds, fabricates, or produces for sale items of tangible personal property at a fixed location and which comprises an industrial or manufacturing plant; or economic development ad valorem tax exemption is Tess than 0.50 for each year the exemption is claimed; or 3. An office space in this state owned and used by a corporation newly domiciled in this state; provided such office space houses 50 or more full -time employees of such corporation; provided that such business or office first begins operation on a site clearly separate from any other commercial or industrial operation owned by the same business. (b) Any business located in an enterprise zone or brownfield area that first begins operation on a site clearly separate from any other commercial or industrial operation owned by the same business. (c) A business that is situated on property annexed into a municipality and that, at the time of the annexation, is receiving an economic development ad valorem tax exemption from the county under s. 196.1995. 2. A business establishing 25 or more jobs to employ 25 or more full -time employees in this state, the sales factor of which, as defined by s. 220.15(5), for the facility with respect to which it requests an economic development ad valorem tax exemption is Tess than 0.50 for each year the exemption is claimed; provided that such business increases operations on a site colocated with a commercial or industrial operation owned by the same business, resulting in a net increase in employment of not less than 10 percent or an increase in productive output of not less than 10 percent. (b) Any business located in an enterprise zone or brownfield area that increases operations on a site colocated with a commercial or industrial operation owned by the same business. (17) "Permanent resident" means a person who has established a permanent residence as defined in subsection (18). (18) "Permanent residence" means that place where a person has his or her true, fixed, and permanent home and principal establishment to which, whenever absent, he or she has the intention of returning. A person may have only one permanent residence at a time; and, once a permanent residence is established in a foreign state or country, it is presumed to continue until the person shows that a change has occurred. (19) "Enterprise zone" means an area designated as an enterprise zone pursuant to s. 290.0065. This subsection expires on the date specified in s. 290.016 for the expiration of the Florida Enterprise Zone Act. (20) "Ex- servicemember" means any person who has served as a member of the United States Armed Forces on active duty or state active duty, a member of the Florida National Guard, or a member of the United States Reserve Forces. 4 196.1995 Economic development ad valorem tax exemption. (1) The board of county commissioners of any county or the governing authority of any municipality shall call a referendum within its total jurisdiction to determine whether its respective jurisdiction may grant economic development ad valorem tax exemptions under s. 3, Art. VII of the State Constitution if: (a) The board of county commissioners of the county or the governing authority of the municipality votes to hold such referendum; or (b) The board of county commissioners of the county or the governing authority of the municipality receives a petition signed by 10 percent of the registered electors of its respective jurisdiction, which petition calls for the holding of such referendum. (2) The ballot question in such referendum shall be in substantially the following form: Shall the board of county commissioners of this county (or the governing authority of this municipality, or both) be authorized to grant, pursuant to s. 3, Art. VII of the State Constitution, property tax exemptions to new businesses and expansions of existing businesses? Yes -For authority to grant exemptions. No Against authority to grant exemptions. (3) The board of county commissioners or the governing authority of the municipality that calls a referendum within its total jurisdiction to determine whether its respective jurisdiction may grant economic development ad valorem tax exemptions may vote to limit the effect of the referendum to authority to grant economic development tax exemptions for new businesses and expansions of existing businesses located in an enterprise zone or a brownfield area, as defined in s. 376.79(4). If an area nominated to be an enterprise zone pursuant to s. 290.0055 has not yet been designated pursuant to s. 290.0065, the board of county commissioners or the governing authority of the municipality may call such referendum prior to such designation; however, the authority to grant economic development ad valorem tax exemptions does not apply until such area is designated pursuant to s. 290.0065. The ballot question in such referendum shall be in substantially the following form and shall be used in lieu of the ballot question prescribed in subsection (2): Shall the board of county commissioners of this county (or the governing authority of this municipality, or both) be authorized to grant, pursuant to s. 3, Art. VII of the State Constitution, property tax exemptions for new businesses and expansions of existing businesses which are located in an enterprise zone or a brownfield area? Yes -For authority to grant exemptions. No Against authority to grant exemptions. (4) A referendum pursuant to this section may be called only once in any 12 -month period. (5) Upon a majority vote in favor of such authority, the board of county commissioners or the governing authority of the municipality, at its discretion, by ordinance may exempt from ad valorem taxation up to 100 percent of the assessed value of all improvements to real property made by or for the use of a new business and of all tangible personal property of such new business, or up to 100 percent of the assessed value of all added improvements to real property made to facilitate the expansion of an existing business and of the net increase in all tangible personal property acquired to facilitate such expansion of an existing business, provided that the improvements to real property are made or the tangible personal property is added or increased on or after the day the ordinance is adopted. However, if the authority to grant exemptions is approved in a referendum in which the ballot question contained in subsection (3) appears on the ballot, the authority of the board of county commissioners or the governing authority of the municipality to grant exemptions is limited solely to new businesses and expansions of existing businesses that are located in an enterprise zone or brownfield area. Property acquired to replace existing property shall not be considered to facilitate a business expansion. The exemption applies only to taxes levied by the respective unit of government granting the exemption. The exemption does not apply, however, to taxes levied for the payment of bonds or to taxes authorized by a vote of the electors pursuant to s. 9(b) ors. 12, Art. VII of the State Constitution. Any such exemption shall remain in effect for up to 10 years with respect to any particular facility, regardless of any change in the authority of the county or municipality to grant such exemptions. The exemption shall not be prolonged or extended by granting exemptions from additional taxes or by virtue of any reorganization or sale of the business receiving the exemption. (6) With respect to a new business as defined by s. 196.012(15)(c), the municipality annexing the property on which the business is situated may grant an economic development ad valorem tax exemption under this section to that business for a period that will expire upon the expiration of the exemption granted by the county. If the county renews the exemption under subsection (7), the municipality may also extend its exemption. A municipal economic development ad valorem tax exemption granted under this subsection may not extend beyond the duration of the county exemption. (7) The authority to grant exemptions under this section will expire 10 years after the date such authority was approved in an election, but such authority may be renewed for another 10 -year period in a referendum called and held pursuant to this section. (8) Any person, firm, or corporation which desires an economic development ad valorem tax exemption shall, in the year the exemption is desired to take effect, file a written application on a form prescribed by the department with the board of county commissioners or the governing authority of the municipality, or both. The application shall request the adoption of an ordinance granting the applicant an exemption pursuant to this section and shall include the following information: (a) The name and location of the new business or the expansion of an existing business; (b) A description of the improvements to real property for which an exemption is requested and the date of commencement of construction of such improvements; (c) A description of the tangible personal property for which an exemption is requested and the dates when such property was or is to be purchased; (d) Proof, to the satisfaction of the board of county commissioners or the governing authority of the municipality, that the applicant is a new business or an expansion of an existing business, as defined in s. 196.012(15) or (16); and (e) Other information deemed necessary by the department. 2 (9) Before it takes action on the application, the board of county commissioners or the governing authority of the municipality shall deliver a copy of the application to the property appraiser of the county. After careful consideration, the property appraiser shall report the following information to the board of county commissioners or the governing authority of the municipality: (a) The total revenue available to the county or municipality for the current fiscal year from ad valorem tax sources, or an estimate of such revenue if the actual total revenue available cannot be determined; (b) Any revenue lost to the county or municipality for the current fiscal year by virtue of exemptions previously granted under this section, or an estimate of such revenue if the actual revenue lost cannot be determined; (c) An estimate of the revenue which would be lost to the county or municipality during the current fiscal year if the exemption applied for were granted had the property for which the exemption is requested otherwise been subject to taxation; and (d) A determination as to whether the property for which an exemption is requested is to be incorporated into a new business or the expansion of an existing business, as defined in s. 196.012(15) or (16), or into neither, which determination the property appraiser shall also affix to the face of the application. Upon the request of the property appraiser, the department shall provide to him or her such information as it may have available to assist in making such determination. (10) An ordinance granting an exemption under this section shall be adopted in the same manner as any other ordinance of the county or municipality and shall include the following: (a) The name and address of the new business or expansion of an existing business to which the exemption is granted; (b) The total amount of revenue available to the county or municipality from ad valorem tax sources for the current fiscal year, the total amount of revenue lost to the county or municipality for the current fiscal year by virtue of economic development ad valorem tax exemptions currently in effect, and the estimated revenue loss to the county or municipality for the current fiscal year attributable to the exemption of the business named in the ordinance; (c) The period of time for which the exemption will remain in effect and the expiration date of the exemption; and (d) A finding that the business named in the ordinance meets the requirements of s. 196.012(15) or (16). History. -s. 2, ch. 80 -347; s. 1, ch. 83 -141; s. 30, ch. 84 -356; s. 11, ch. 86 -300; s. 1, ch. 90 -57; s. 68, ch. 94 -136; s. 1477, ch. 95 -147; s. 57, ch. 95 -280; s. 110, ch. 99 -251; s. 5, ch. 2006 -291. 3 arfO SLBASTI HOME OF PELICAN ISLAND DRAFT CITY OF SEBASTIAN TAX ABATEMENT ORDINANCE ORDINANCE NO. AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, IMPLEMENTING AN ECONOMIC DEVELOPMENT AD VALOREM TAX EXEMPTION PROGRAM FOR THE CITY OF SEBASTIAN; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCE IN CONFLICT HEREWITH. PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, at the November 3, 2009 General Election, City of Sebastian electors passed a referendum to provide for property tax exemptions for new businesses and expansion of existing businesses which create jobs in accordance with s. 3, article VII of the State Constitution and Florida Statutes Chapter 196; and WHEREAS, the City of Sebastian desires to implement the Economic Development Ad Valorem Tax Abatement Program. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows: SECTION 1. That the City Code of the City of Sebastian, Florida, Chapter 94, is hereby amended by adding a new Article IV to read as follows: "Chapter 94. ARTICLE V. ECONOMIC DEVELOPMENT AD VALOREM TAX EXEMPTION. Sec. 94-52. Definitions. For the purposes of this ordinance, the following terms, phrases, words, and their derivations shall have the meaning given herein: (a) Applicant. Any person, firm, partnership, or corporation that files an application with the city seeking an economic development ad valorem tax exemption. (b) Business. Any activity engaged in by any person, firm, partnership, corporation, or other business organization or entity, with the object of private or public gain, benefit, or advantage, either director of indirect. (c) Department. The Florida Department of Revenue. (d) Expansion of an existing business: (1) As defined in Section 196.012(16), Florida Statutes, an expansion of an existing business means: a. A business establishing ten or more jobs to employ ten or more full -time employees in this state, which manufactures, processes, compounds, fabricates, or produces for sale, items of tangible personal property at a fixed location and which comprises an industrial or manufacturing plant; or b. A business establishing 25 or more jobs to employ 25 or more full time employees in this state, the sales factor of which, as defined by Section 220.15(5), Florida Statutes, for the facility with respect to which it requests an economic development ad valorem to exemption is Tess than 0.50 for each year the exemption is claimed, provided that such business increases operations on a site co- located with a commercial or industrial operation owned by the same business resulting in a net increase in employment of not less than 10% or an increase in productive output of not less than 10 (e) Extraordinary. As determined by the Sebastian City Council. (t) Improvements. Physical changes made to raw land, and structures placed on or under the land surface. (g) New business. (1) As defined in Section 196.012(15), Florida Statutes, a new business means: a. A business establishing ten or more jobs to employ ten or more full -time employees in this state which manufactures, processes, compounds, fabricates, or produces for sale items of tangible personal property at a fixed location and which comprises an industrial or manufacturing plant; b. A business establishing twenty -five or more jobs to employ twenty -five or more full -time employees in this state, the sales factor of which, as defined by Section 220.15(5), Florida Statutes, for the facility with respect to which it requests an economic development ad valorem tax exemption is Tess than 0.50 for each year the exemption is claimed; or c. An office space in this state owned and used by a corporation newly domiciled in this state, provided such office space houses fifty or more full -time employees of such corporation; provided that such business or office first begins operation on a site clearly separate from any other commercial or industrial operation owned by the same business. i. A business that is situated on property annexed into a municipality and that, at the time of the annexation, is receiving an economic development ad valorem tax exemption from the county under FS. 196.1995. (h) Sales factor. As defined in Section 220.15(5), Florida Statutes, the sales factor is a fraction, the numerator of which is the total sales of the taxpayer in this state during the taxable year or period and the denominator of which is the total sales of the taxpayer everywhere during the taxable year or period. Sec. 94 -53. Economic development ad valorem tax exemption established. (a) There is herein established an economic development ad valorem tax exemption (herein after the "exemption The exemption is a local option tax incentive for new or expanding businesses which may be granted or refused at the discretion of the city. (b) The exemptions shall not accrue to improvements to real property made by or for the use of new or expanding businesses when such improvements have been included on the tax rolls prior to the effective date of the ordinance specifically granting a business an exemption as provided in this article. 2 (c) Any exemption granted may apply up to 100% of the assessed value of all improvements to real property made by or for the use of a new business and of all tangible personal property of such new business, or up to 100% of the assessed value of all added improvements to real property made to facilitate the expansion of an existing business and of the net increase in all tangible personal property acquired to facilitate such expansion of an existing business, provided that the improvements to real property are made or the tangible personal property is added or increased on or after the effective date of the ordinance specifically granting a business an exemption as provided in this article. Property acquired to replace existing property shall not be considered to facilitate a business expansion. (d) The exemption shall be granted by ordinance for every eligible project, as determined by the city council at its discretion. The exemption may be granted for a period up to five years from the date of adoption of the ordinance granting the exemption. (e) No exemption shall be granted for the land upon which new or expanded businesses are to be located. (f) The exemption shall apply only to taxes levied by the city. The exemption shall not apply to taxes levied by the county, school district or water management district, or to taxes levied for the payment of bonds or taxes authorized by a vote of the electors pursuant to Section 9 and Section 12, Article VII of the Florida Constitution. (g) The ability to receive an exemption for the period granted shall be conditioned upon the applicant's ability to maintain the new business or the expansion of an existing business as defined by the conditions of this application throughout the entire exemption period. The applicant shall be required to submit a report on an annual basis to the city evidencing satisfaction of this condition. In addition, any business granted an exemption shall furnish to the city, or its designee, such information /report as the city or its designee may reasonably deem necessary for the purpose of determining continuing performance by the business of the conditions stated in this division, the ordinance granting the exemption and the representations made in the application process. Sec. 94 -54. Application for exemption. (a) Any eligible person, firm, partnership or corporation, which desires an exemption, shall file with the city manager or his designee a good faith written application prescribed by the department (DR -418). The city manager shall perform initial screening of applicants and an initial recommendation to the city council as to eligibility. (b) The application should be filed prior to the application for a certificate of occupancy or prior to the installation of tangible personal property. If the city council decides to consider the application, the public hearing on the adopting ordinance will be held within sixty days from the date a completed application has been submitted to the city manager or his designee. Applicants should therefore file complete applications at least sixty days before they expect to obtain a certificate of occupancy, in the case of a building expansion, or at least sixty days before installing eligible equipment. (c) If the city manager determines that the applicant is eligible and has an interest in allowing the application to proceed, the following requests will be made: (1) referring the application to the property appraiser for evaluation and a report which shall include the following: (A) The total revenue available to the city for the current fiscal year from ad valorem tax sources, or an estimate of such revenue if the actual total available revenue cannot be determined; 3 (3) (B) The amount of revenue lost to the city for the current fiscal year by virtue of exemptions previously granted, or an estimate of such revenue if the actual revenue lost cannot be determined; (C) An estimate of the amount of revenue which would be lost to the city for the current fiscal year if the exemption applied for was granted had the property for which the exemption is requested otherwise been subject to taxation; and (D) A determination as to whether the property for which an exemption is requested is to be incorporated into a new business or the expansion of an existing business, or into neither, which determination the property appraiser shall also affix to the face of the application. Upon request, the department will provide the property appraiser such information as it may have available to assist in making this determination. (d) The application shall request that the city council adopt an ordinance granting the applicant the exemption and shall include, at a minimum, the following: (1) The name and location of the new business or the expansion of an existing business; (2) A legal description of the real property, a description of the improvements to the real property for which an exemption is required, and the date of intended or actual commencement of construction of such improvements; A description of the tangible personal property for which an exemption is requested and the dates when such property was or is to be purchased; (4) Proof, to the satisfaction of the city council, that the applicant meets the criteria for a new business or for an expansion of an existing business as defined in this article; (5) The following information: (A) The anticipated number of existing and new employees; (B) The expected number of employees that will reside in the county; (C) The percentage of employees who have resided in the county for a period of more than two years; (D) The average wage of the employees; (E) The type of industry or business; (F) The environmental impact of the business; (G) The anticipated volume of business or production; (H) Whether relocation or expansion would occur without the exemption; (1) The cost and demand for services; 4 (J) The source of supplies (local or otherwise); (K) Whether the business is or will be located in a community redevelopment area; (6) Other information deemed necessary by the city manager or his designee; (e) If a new business is locating to, or an expansion of an existing business is occurring in a community redevelopment area, the community redevelopment agency advisory committee overseeing such area shall be provided a copy of the application for review and comment. (f) Upon submittal of the application, the city manager or his designee shall review same, and immediately notify the applicant of any facial deficiencies. (g) The city manager or his designee shall review the application, based upon the criteria set forth in this article. (h) Prior to the public hearing on the ordinance required under this article, the city manager will provide a recommendation to the city council as to approval or denial, and degree and length of the exemption. (i) All degrees and length of exemption recommendations should be based on guidelines adopted by resolution of the city council. Sec. 94 -55. City council consideration of application. (a) Within 30 days after receipt of the property appraiser's report, the city council shall hold public hearings on the enactment of an ordinance granting the exemption. During the 60 -day period, interested agencies and parties shall have an opportunity to review and comment on the application. (b) The threshold for consideration of approval shall be a determination as to whether the business meets the definition of a new business or of an expansion of an existing business as provided in this article, and whether the business is a business which is not ineligible as defined in paragraph (d) of this section. (c) The next levels for consideration of approval shall be: (1) To determine whether the economic benefit test is met; (2) To determine that the improvements or tangible personal property are not currently on the tax roll; and (3) To determine that the improvements or tangible personal property are not already substantially complete and usable for their intended purpose. (d) Any existing business in violation of any federal, state or local law or regulation governing environmental matters may not be eligible for an exemption. (e) The city council recognizes that a community redevelopment area's funding may be impacted should an exemption be granted in such an area. Therefore, should the council 5 receive an objection to the exemption from a community redevelopment agency advisory committee, the council may consider the objection in their deliberations. (f) After consideration of the city manager's recommendation, the application and the report of the property appraiser on the application, the council may choose to adopt an ordinance granting the exemption to a new or expanding business. If granted, the ordinance shall include the following information: (3) Sec. 94 -57. Appeals. Sec. 94 -58. Sunset Repealer. (1) The name and address of the new business or expansion of an existing business. (2) The total amount of revenue available to the city from ad valorem tax sources for the current fiscal year, the total amount of the revenue lost to the city for the current fiscal year by virtue of exemptions currently in effect, and the estimated amount of revenue attributable to the exemption to the new or expanding business; The expiration date of the exemption, which shall be five years or Tess (depending upon the duration of the exemption granted) from the date the city council enacts the ordinance granting the exemption; and (4) A finding that the business meets the definition of a new business or an expansion of an existing business as set forth in this article. (g) No precedent shall be implied or inferred by the granting of an exemption to a new or expanding business. Applications for exemptions shall be considered by the city council on a case -by -case basis for each application, after consideration of the application, the property appraiser's report on the application, and where appropriate, objections from a community redevelopment agency advisory committee. Sec. 94 -56. Revocation of exemption /recovery of funds. Should any new business or expansion of an existing business fail to file the annual report or any other report required in this article, or fail to continue to meet the definition of a new business or an expansion of an existing business, and /or fail to fulfill any other representation made to the city council during the application process, the city council may adopt an ordinance revoking the ad valorem tax exemption. An ordinance revoking the ad valorem tax exemption may provide that the city recover any taxes waived during the exemption period. Nothing herein shall prohibit a business from reapplying for an ad valorem tax exemption pursuant to state law. A decision of the city manager or his designee to declare an applicant ineligible may be appealed to the city council. This ordinance shall stand repealed effective November 3, 2019, unless renewed by a referendum at a general or special election held upon, prior to, or in the same month as that date, as is authorized under the provisions of §196.1995(1), (2) and (6), Florida Statues or any successor or amended version of that statute. SECTION 2. SEVERABILITY. In the event a court of competent jurisdiction shall determine that any part of this Ordinance is invalid or unconstitutional, the remainder of the Ordinance shall not be affected and it shall be presumed that the City Council of the City of 6 Sebastian did not intend to enact such invalid provisions. It shall further be assumed that the City Council would have enacted the remainder of this Ordinance without said invalid or unconstitutional provision, thereby causing said remainder to remain in full force and effect. SECTION 3. EFFECTIVE DATE. This Ordinance shall take effect immediately upon its adoption. The foregoing Ordinance was moved for adoption by Council Member The motion was seconded by Council Member and upon being put to a vote, the vote was as follows: Mayor Richard Gillmor Vice Mayor Jim Hill Council Member Andrea Coy Council Member Eugene Wolff Council Member Don Wright The Mayor thereupon declared this Ordinance duly passed and adopted this day of ATTEST: CITY OF SEBASTIAN, FLORIDA By: Sally A. Maio, MMC Richard Gillmor, Mayor City Clerk Approved as to form and legality for reliance by the City of Sebastian: Robert A. Ginsburg, City Attorney SL8 HOME OF PELICAN ISLAND MODEL TAX ABATEMENT REGULATIONS FROM: CITY OF MELBOURNE CITY OF PALM COAST MIAMIIDADE ST. LUCIE COUNTY Crry I"`o ARTICLE V. ECONOMIC DEVELOPMENT AD VALOREM TAX EXEMPTION Sec. 30 -63. Definitions. For the purposes of this article, the following terms, phrases, words, and their derivations shall have the meaning given herein: Applicant means any person, firm, partnership, or corporation that files an application with the city seeking an economic development ad valorem tax exemption. Business means any activity engaged in by any person, firm, partnership, corporation, or other business organization or entity, with the object of private or public gain, benefit, or advantage, either direct or indirect. Department means the Florida Department of Revenue. EDC means the Economic Development Commission of Florida's Space Coast, a not for profit company under contract with the Brevard County Board of County Commissioners to promote economic development. Enterprise zone means an area designated as an Enterprise Zone pursuant to Section 290.0065, Florida Statutes. Expansion of an existing business means: (1) As defined in Section 196.012(16), Florida Statutes, an expansion of an existing business means: a. A business establishing ten (10) or more jobs to employ ten (10) or more full time employees in this state, which manufactures, processes, compounds, fabricates, or produces for sale, items of tangible personal property at a fixed location and which comprises an industrial or manufacturing plant; b. Any business establishing 25 or more jobs to employ 25 or more full -time employees in this state, whose sales factor of which, as defined by Section 220.15(5), Florida Statutes, for the facility with respect to which it requests an economic development ad valorem tax exemption is less than 0.50 for each year the exemption is claimed; or c. Any business located in an enterprise zone. (2) Any expansion of an existing business must increase operations on a site collocated with a commercial or industrial operation owned by the same business that results in a net increase of employment of not less than ten (10) per cent. The ten (10) per cent requirement does not apply to enterprise zones. Extraordinary means as determined by the Melbourne City Council. Improvements means physical changes made to raw land, and structures placed on or under the land surface. New business means: (1) As defined in Section 196.012(15), Florida Statutes, a new business means: a. A business establishing ten (10) or more jobs to employ ten (10) or more full time employees in this state which manufactures, processes, compounds, fabricates, or produces for sale items of tangible personal property at a fixed location and which comprises an industrial or manufacturing plant; Oit CGTy M U3. b. A business establishing twenty -five (25) or more jobs to employ twenty -five (25) or more full -time employees in this state, the sales factor of which, as defined by Section 220.15(5), Florida Statutes, for the facility with respect to which it requests an economic development ad valorem tax exemption is less than 0.50 for each year the exemption is claimed; c. An office space in this state owned and used by a corporation newly domiciled in this state, provided such office space houses fifty (50) or more full time employees of such corporation; and d. A business located in an enterprise zone. (2) Any new business must first begin operation on a site clearly separate from any other commercial or industrial operation owned by the same business. Sales factor means as defined in Section 220.15(5), Florida Statutes, the sales factor is a fraction, the numerator of which is the total sales of the taxpayer in this state during the taxable year or period and the denominator of which is the total sales of the taxpayer everywhere during the taxable year or period. (Ord. No. 2001 -18, 1, 4- 24 -01) Sec. 30 64. Economic development ad valorem tax exemption established. (a) There is herein established an economic development ad valorem tax exemption (herein after the "exemption The exemption is a local option tax incentive for new or expanding businesses which may be granted or refused at the discretion of the city. (b) The exemptions shall not accrue to improvements to real property made by or for the use of new or expanding businesses when such improvements have been included on the tax rolls prior to the effective date of this article specifically granting a business an exemption as provided in this article. (c) Any exemption granted may apply up to one hundred (100) per cent of the assessed value of all improvements to real property made by or for the use of a new business and of all tangible personal property of such new business, or up to one hundred (100) per cent of the assessed value of all added improvements to real property made to facilitate the expansion of an existing business and of the net increase in all tangible personal property acquired to facilitate such expansion of an existing business, providedthat the improvements to real property are made or the tangible personal property is added or increased on or after the effective date of this article specifically granting a business an exemption as provided in this article. Property acquired to replace existing property shall not be considered to facilitate a business expansion. (d) The exemption shall be granted by ordinance for every eligible project, as determined by the city council at its discretion. The exemption may be granted for a period up to five (5) years from the date of adoption of this article granting the exemption. (e) No exemption shall be granted for the land upon which new or expanded businesses are to be located. (f) The exemption shall apply only to taxes levied by the city. The exemption shall not apply to taxes levied by the county, school district or water management district, or to taxes levied for the payment of bonds or taxes authorized by a vote of the electors pursuant to Section 9 and Section 12, Article VII of the Florida Constitution. (g) The ability to receive an exemption for the period granted shall be conditioned upon the applicant's ability to maintain the new business or the expansion of an existing business as defined by the conditions of this application throughout the entire exemption period. The Cry M6+-e. applicant shall be required to submit a report on an annual basis to the city evidencing satisfaction of this condition. In addition, any business granted an exemption shall furnish to the city, or its designee, such information /report as the city or its designee may reasonably deem necessary for the purpose of determining continuing performance by the business of the conditions stated in this division, the ordinance granting the exemption and the representations made in the application process. (Ord. No. 2001 -18, 1, 4- 24-01) Sec. 30 65. Application for exemption. (a) Any eligible person, firm, partnership or corporation, which desires an exemption, shall file with the city manager or his designee a good faith written application prescribed by the department (DR -418). The city manager shall perform initial screening of applicants and an initial recommendation to the city council as to eligibility. (b) The application should be filed before a business has made the decision to locate a new business in the city or before a business has made the decision to expand an existing business in the city. If the city council decides to consider the application, the public hearing on the adopting ordinance will be held within sixty (60) days from the date a completed application has been submitted to the city manager or his designee. (c) If the city manager determines that the applicant is eligible and has an interest in allowing the application to proceed, the following requests will be made: (1) Referring the application to the EDC to complete an economic impact analysis, (2) Referring the application to the property appraiser for evaluation and a report which shall include the following: a. The total revenue available to the city for the current fiscal year from ad valorem tax sources, or an estimate of such revenue if the actual total available revenue cannot be determined; b. The amount of revenue lost to the city for the current fiscal year by virtue of exemptions previously granted, or an estimate of such revenue if the actual revenue lost cannot be determined; c. An estimate of the amount of revenue which would be lost to the city for the current fiscal year if the exemption applied for was granted had the property for which the exemption is requested otherwise been subject to taxation; and d. A determination as to whether the property for which an exemption is requested is to be incorporated into a new business or the expansion of an existing business, or into neither, which determination the property appraiser shall also affix to the face of the application. Upon request, the department will provide the property appraiser such information as it may have available to assist in making this determination. (d) The application shall request that the city council adopt an ordinance granting the applicant the exemption and shall include, at a minimum, the following: (1) The name and location of the new business or the expansion of an existing business; (2) A legal description of the real property, a description of the improvements to the real property for which an exemption is required, and the date of intended or actual commencement of construction of such improvements; (3) A description of the tangible personal property for which an exemption is requested Ct7y M Ec and the dates when such property was or is to be purchased; (4) Proof, to the satisfaction of the city council, that the applicant meets the criteria for a new business or for an expansion of an existing business as defined in this article; (5) The following information: a. The anticipated number of existing and new employees; b. The expected number of employees that will reside in the county; c. The percentage of employees who have resided in the county for a period of more than two (2) years; d. The average wage of the employees; e. The type of industry or business; f. The environmental impact of the business; g. The anticipated volume of business or production; h. Whether relocation or expansion would occur without the exemption; i. The cost and demand for services; j. The source of supplies (local or otherwise); k. Whether the business is or will be located in a community redevelopment area; (6) Other information deemed necessary by the city manager or his designee; (e) If a new business is locating to, or an expansion of an existing business is occurring in a community redevelopment area, the community redevelopment agency advisory committee overseeing such area shall be provided a copy of the application for review and comment. (f) Upon submittal of the application, the city manager or his designee shall review same, and immediately notify the applicant of any facial deficiencies. (g) The city manager or his designee shall review the application, based upon the criteria set forth in this article. The review shall include an economic impact analysis provided by the EDC, applying acceptable multipliers as defined by the State Department of Commerce, Bureau of Economic Analysis. Impact analysis shall include number of jobs generated, wage rates and capital investments. (h) Prior to the public hearing on the ordinance required under this article, the city manager will provide a recommendation to the city council as to approval or denial, and degree and length of the exemption. (i) All degrees and length of exemption recommendations should be based on guidelines adopted by resolution of the city council. (Ord. No. 2001 -18, 1, 4- 24 -01; Ord. No. 2003 -65, 1, 8- 26 -03) Sec. 30 66. City council consideration of application. (a) Within thirty (30) days after receipt of the property appraiser's report and the EDC economic analysis, the city council shall hold public hearings on the enactment of an ordinance granting the exemption. During the sixty -day period, interested agencies and parties shall have an opportunity to review and comment on the application. (b) The threshold for consideration of approval shall be a determination as to whether the Ci'y MELT. business meets the definition of a new business or of an expansion of an existing business as provided in this article, and whether the business is a business which is not ineligible as defined in paragraph (d) of this section. (c) The next levels for consideration of approval shall be: (1) To determine whether the economic benefit test is met; (2) To determine that the improvements or tangible personal property are not currently on the tax roll; and (3) To determine that the improvements or tangible personal property are not already substantially complete and usable for their intended purpose. (d) Any existing business in violation of any federal, state or local law or regulation governing environmental matters may not be eligible for an exemption. (e) The city council recognizes that a community redevelopment area's funding may be impacted should an exemption be granted in such an area. Therefore, should the council receive an objection to the exemption from a community redevelopment agency advisory committee, the council may consider the objection in their deliberations. (f) After consideration of the EDC economic analysis, the city manager's recommendation, the application and the report of the property appraiser on the application, the council may choose to adopt an ordinance granting the exemption to a new or expanding business. If granted, the ordinance shall include the following information: (1) The name and address of the new business or expansion of an existing business. (2) The total amount of revenue available to the city from ad valorem tax sources for the current fiscal year, the total amount of the revenue lost to the city for the current fiscal year by virtue of exemptions currently in effect, and the estimated amount of revenue attributable to the exemption to the new or expanding business; (3) The expiration date of the exemption, which shall be five (5) years or less (depending upon the duration of the exemption granted) from the date the city council enacts the ordinance granting the exemption; and (4) A finding that the business meets the definition of a new business or an expansion of an existing business as set forth in this article. (g) No precedent shall be implied or inferred by the granting of an exemption to a new or expanding business. Applications for exemptions shall be considered by the city council on a case -by -case basis for each application, after consideration of the application, the property appraiser's report on the application, and where appropriate, objections from a community redevelopment agency advisory committee. (Ord. No. 2001 -18, 1, 4- 24 -01) Sec. 30 67. Revocation of exemption /recovery of funds. Should any new business or expansion of an existing business fail to file the annual report or any other report required in this article, or fail to continue to meet the definition of a new business or an expansion of an existing business, and /or fail to fulfill any other representation made to the city council during the application process, the city council may adopt an ordinance revoking the ad valorem tax exemption. An ordinance revoking the ad valorem tax exemption may provide that the city recover anytaxes waived during the exemption period. Nothing herein shall prohibit a business from reapplying for an ad valorem tax exemption pursuant to state law. (Ord. No. 2001 -18, 1, 4- 24 -01) e'N1.-IELcs Sec. 30 -68. Appeals A decision of the city manager or his designee to declare an applicant ineligible may be appealed to the city council. (Ord. No. 2001 -18, 1, 4- 24 -01) Sec. 30 69. Sunset repealer. This article shall stand repealed effective November 6, 2010 unless renewed by a referendum at a general or special election held upon, prior to, or in the same month as that date, as is authorized under the provisions of 196.1995(1), (2) and (6), Florida Statues or any successor or amended version of that statute. (Ord. No. 2001 -18, 1, 4- 24 -01) Secs. 30- 70- 30 -79. Reserved. DIVISION 3. AD VALOREM TAXATION Sec. 43 -106. Actions upon approval of referendum election. (a) Upon a majority vote of the electors of the City of Palm Coast voting at the referendum election called in Section 3 in favor of the authority vested in Article VII, Section (3)(c), Constitution of the State of Florida, and F.S. 196.1995, the City Council, at its discretion, by ordinance may exempt from ad valorem taxation up to 100 percent of the assessed value of all improvements to real property made by or for the use of a new business within the City of Palm Coast and of all tangible personal property of such new business, or up to 100 percent of the assessed value of all added improvements to real property made to facilitate the expansion of an existing business within the City of Palm Coast and of the net increase in all tangible personal property acquired to facilitate such expansion of an existing business, provided that the improvements to real property are made or the tangible personal property is added or increased on or after the day the ordinance is enacted. Property acquired to replace existing property shall not be considered to facilitate a business expansion. The ad valorem tax exemption shall apply only to taxes levied by the City of Palm Coast. The exemption shall not apply, however, to taxes levied for the payment of bonds or to taxes authorized by a vote of the electors pursuant to Article VII, Section 9(b) or Section 12 of the Constitution of the State of Florida. Any such exemption shall remain in effect for up to ten years with respect to any particular facility, regardless of any change in the authority of the City of Palm Coast to grant such exemptions. The exemption shall not be prolonged or extended by granting exemptions from additional taxes or by virtue of any reorganization or sale of the business receiving the exemption. (b) Property annexed into the City shall be controlled by the provisions of State law relating to annexed properties. (c) The authority to grant exemptions under this article shall expire ten years after the date such authority was approved in the referendum election called in Section 3 of Ordinance Number 2003 -14, but such authority may be renewed for another period of ten years in a referendum called and held pursuant to the provisions of Florida law. (d) Any person, firm, or corporation which desires an economic development ad valorem tax exemption shall, in the year the exemption is desired to take effect, file a written application on a form prescribed by the Florida Department of Revenue with the City Council. The application shall request the adoption of an ordinance granting the applicant an exemption pursuant to this article and shall include, at a minimum, the following information: (1) The name and location of the new business or the expansion of an existing business; (2) A description of the improvements to real property for which an exemption is requested and the date of commencement of construction of such improvements; (3) A description of the tangible personal property for which an exemption is requested and the dates when such property was or is to be purchased; (4) Proof, to the satisfaction of the City Council, that the applicant is a new business or an expansion of an existing business, as defined in F.S. 196.012 (15) or (16), and (5) Other information deemed necessary by the Florida Department of Revenue and the City. (e) Before it takes action on the application, the City Council shall deliver a copy of the application to the Flagler County Property Appraiser. After careful consideration, the Property Appraiser shall report the following information to the City Council: Aim (1) The total revenue available to the City for the current fiscal year from ad valorem tax sources, or an estimate of such revenue if the actual total revenue available cannot be determined; (2) Any revenue lost to the City for the current fiscal year by virtue of exemptions previously granted under this article, or an estimate of such revenue if the actual revenue lost cannot be determined; (3) An estimate of the revenue which would be lost to the City during the current fiscal year if the exemption applied for were granted had the property for which the exemption is requested otherwise been subject to taxation; and (4) A determination as to whether the property for which an exemption is requested is to be incorporated into a new business or the expansion of an existing business, as defined in F.S. 196.012 (15) or (16), or into neither, which determination the Property Appraiser shall also affix to the face of the application. Upon the request of the Property Appraiser, the Florida Department of Revenue shall provide to him or her such information as it may have available to assist in making such determination. (f) Any ordinance enacted by the City Council granting an exemption pursuant to this article shall be adopted in the same manner as any other ordinance of the City and shall include, at a minimum, the following: (1) The name and address of the new business or expansion of an existing business to which the exemption is granted; (2) The total amount of revenue available to the City from ad valorem tax sources for the current fiscal year, the total amount of revenue lost to the City for the current fiscal year by virtue of economic development ad valorem tax exemptions currently in effect, and the estimated revenue loss to the City for the current fiscal year attributable to the exemption of the business named in the ordinance; (3) The period of time for which the exemption will remain in effect and the expiration date of the exemption; and (4) A finding that the business named in the ordinance meets the requirements of this article and F.S. 196.012 (15) or (16). (Ord. No. 03 -14, 4, 8 -5 -03) Sec. 43 107. Advertisement/duties of city manager and city clerk. The City Manager is hereby directed to provide for such administrative actions as may be necessary and convenient in order to implement the provisions of this article. The City Clerk is hereby directed to ensure that the referendum election occurs in accordance with the provisions of Section 8 of the City of Palm Coast Charter and that notice of this referendum shall be advertised in accordance with the provisions of F.S. 100.342. Proof of publication shall be provided to the City Manager by the City Clerk. The City Clerk shall also coordinate all activities necessary to conduct the referendum election called for in Section 3 of this article with the Supervisor of Elections for Flagler in order to ensure the effective implementation of the referendum election. (Ord. No. 03 -14, 5, 8 -5 -03) ARTICLE X. PROPERTY TAX EXEMPTIONS IN ENTERPRISE ZONES* Page 1 of 5 M ARTICLE X. PROPERTY TAX EXEMPTIONS IN ENTERPRISE ZONES* *Editor's note: Ord. No. 88 -27, 3, adopted April 19, 1988, amended Ch. 29 by the addition of provisions which have been designated at the discretion of the editor as Art. X, 29- 81-- 29 -89. State law references: Enterprise zones, F.S. 290.001 et seq. Sec. 29 81. Authority to grant the exemptions. Pursuant to the terms of this article, the Board of County Commissioners at its discretion is hereby authorized to grant by ordinance ad valorem tax exemptions to new and expanding businesses located within the enterprise zones, as defined herein, except to businesses located in the terminals of the Miami International Airport and except for real property improvements in any community redevelopment area; however, the Board of County Commissioners may grant ad valorem tax exemptions for the tangible personal property of new and expanding businesses in a community redevelopment area located within the enterprise zone in any community redevelopment area. Applications to the County for the tax exemption on tangible personal property from businesses located in municipal CRAs shall require the prior approval of the CRA Board and the governing body of the municipality in which the business is located prior to being submitted to the Board of County Commissioners for consideration. The Board of County Commissioners may also commit to grant an exemption based on presentation of substantive proposals that indicate serious intent to build a new business or expand an existing business within an enterprise zone, provided however, that the improvements to real property are made or the tangible personal property are added or increased on or after the day of the ordinance granting the exemption is adopted. The commitment by the Board to grant an exemption based on plans and proposals is contingent on the business completing the indicated improvements in substantially the same form and extent as presented. (Ord. No. 88 -27, 3, 4- 19 -88; Ord. No. 89 -119, 2, 11- 21 -89; Ord. No. 91 -75, 2, 7 -9 -91; Ord. No. 93- 139, 1, 12- 14 -93; Ord. No. 96 -74, 2, 5- 21 -96; Ord. No. 06 -68, 1, 5 -9 -06) Sec. 29 Definitions. For the purposes of this article, the following terms are defined as follows: (a) Enterprise zone means an area either designated pursuant to Section 290.005 [Florida Statutes] and approved by the Office of Tourism, Trade and Economic Development pursuant to Section 290.0065, Florida Statutes, or authorized to be an enterprise zone pursuant to Section 290.0055, Florida Statutes, and approved by the Office of Tourism, Trade and Economic Development pursuant to Section 290.0065, Florida Statutes. (b) New business means any commercial or industrial business, excluding residential developments, located in an enterprise zone that begins operations on a site clearly separate from any other commercial or industrial operation owned by the same business and which creates five (5) or more new jobs to employ five (5) or more additional full time employees at such location. (c) Expanding business or expansion of an existing business means any commercial or industrial business, excluding residential developments, located in an enterprise zone httn: /library 8.municode.com/default -te st/DocV iew/ 10620/ 1 /3 3 7/348 11/12/2009 ARTICLE X. PROPERTY TAX EXEMPTIONS IN ENTERPRISE ZONES* Page 2 of 5 f'l (4M that increases operations on a site co- located with a commercial or industrial operation owned by the same business and which creates five (5) or more new jobs to employ five (5) or more additional full -time employees at such location. (Ord. No. 88 -27, 3, 4- 19 -88; Ord. No. 96 -74, 2, 5- 21 -96; Ord. No. 06 -68, 2, 5 -9 -06) Sec. 29 83. Scope and terms of exemptions. (a) If a business qualifies as a "new" or "expanding" business such exemption will be fifty (50) percent of the assessed value of all improvements to real property made by or for the use of a new business and all tangible personal property of such new business, or fifty (50) percent of the assessed value of all added improvements to real property which improvements are made to facilitate the expansion of an existing business and fifty (50) percent of the net increase in all tangible personal property acquired to facilitate such expansion of an existing business. If twenty (20) percent or more of a business' permanent full -time employees are residents of enterprise zones, such exemption will be one hundred (100) percent of the assessed value of all improvements to real property made by or for the use of a new business and all tangible personal property of such new business, or one hundred (100) percent of the assessed value of all added improvements to real property which improvements are made to facilitate the expansion of an existing business and of the net increase in all tangible personal property acquired to facilitate such expansion of an existing business. Property acquired to replace existing property shall not be considered to facilitate a business expansion. (b) The exemption shall apply only to Miami -Dade County Countywide operating and unincorporated municipal service area millages and shall not apply to taxes levied for payment of bonds or to taxes authorized by a vote of the electors pursuant to Section 9(b) or Section 12, Article VII of the State Constitution. (c) Subject to the renewal provisions contained herein, an exemption granted pursuant to this article may remain in effect for up to five (5) years with respect to that particular facility, regardless of any change in the authority of the Board of County Commissioners to grant such exemptions. The exemption shall not be prolonged or extended by granting exemption from additional taxes or by virtue of any reorganization or sale of the business receiving the exemption. (d) The granting of this exemption and the length of the period for which the exemption shall be granted shall be at the discretion of the Board of County Commissioners, who shall make this determination on the basis of the factors outlined in the following section. (Ord. No. 88 -27, 3, 4- 19 -88; Ord. No. 96 -74, 2, 5- 21 -96; Ord. No. 06 -68, 3, 5 -9 -06) Sec. 29 84. Eligibility requirements. (a) To be eligible for this exemption, a new or expanding business must increase its employment roll over the year preceding the initial granting of the exemption by a minimum of five (5) new full -time jobs. It shall be a condition precedent to the granting of each annual renewal that the additional new jobs created as a result of the new business or expansion be maintained for the duration of the exemption. (b) To be eligible for this exemption, a new or expanded business shall provide a statement, on a form approved by the Board of County Commissioners, that no less than five (5) new full -time jobs have are created; and if applicable, no Tess than twenty (20) percent of its permanent full time employees are residents of an enterprise zone. (Ord. No. 88 -27, 3, 4- 19 -88; Ord. No. 96 -74, 2, 5- 21 -96) httn: /librarv8. municode .com /default- test/DocView /10620/1/337/348 11/12/2009 ARTICLE X. PROPERTY TAX EXEMPTIONS IN ENTERPRISE ZONES* Page 3 of 5 MIM4t Sec. 29 -85. Application procedures. Any person, firm, or corporation which desires an economic ad valorem tax exemption pursuant to this article shall file a written application on a form prescribed by the Office of Community and Economic Development (OCED) for said exemption either on or before February first of the year in which new or additional real or tangible personal property is first subject to ad valorem assessment. Such application shall be filed with the Board of County Commissioners. The application shall request the adoption of an ordinance granting the applicant an exemption pursuant to this article and shall include the following information: (a) The name and location of the new or expanding business. (b) The description of the improvements to real property for which an exemption is being requested, the cost of such improvements, and the date of commencement and completion of construction of such improvements. (c) A description of the tangible personal property for which an exemption is requested, the cost of such property, and the date when such property was or is to be purchased. (d) A copy of the building plans. (e) A copy of the building permit, if available. (f) Proof, to the satisfaction of the Board of County Commissioners, that the application is a new business or an expansion of an existing business, as defined in this article. (g) Other information deemed necessary by the Board of County Commissioners. The applicant shall pay a reasonable nonrefundable fee for the time and work involved in processing the application. Should a proposal to build a new business or expand an existing one be modified after the Board of County Commissioners has agreed to grant it an exemption, the decision to grant said exemption may continue to apply to the modified proposal, only if the Board of County Commissioners determines that there were extenuating circumstances that justified the modification to the original proposal. In the event the reasons for the modification are deemed to be unsatisfactory the exemption shall be withdrawn and the business duly informed. The business, upon notification of the withdrawal of the exemption, shall have the right to appeal to the Board of County Commissioners for the reinstatement of the exemption. (h) Proof that property taxes are current. The property appraiser shall report the following information to the Board: (i) The total revenue available to the County for the current fiscal year from ad valorem tax sources; (ii) Any revenue lost to the County for the current fiscal year by virtue of exemptions previously granted under this article; (iii) An estimate of the revenue which would be lost to the County during the current fiscal year if the exemption applied for were granted had the property for which the exemption is requested otherwise been subject to taxation; (iv) A determination as to whether the property for which an exemption is requested satisfies the eligibility requirements of a new business or an expansion of an existing business, as defined herein, which determination shall also be affixed to the face of the application. httn: //l ibrarv8. municode .com /default- test/DocView/ 10620/ 1 /337/348 11/12/2009 50( ARTICLE X. PROPERTY TAX EXEMPTIONS IN ENTERPRISE ZONES* Page 4 of 5 (Ord. No. 88 -27, 3, 4- 19 -88; Ord. No. 96 -74, 2, 5- 21 -96) Sec. 29 86. Enactment of ordinance granting each exemption. After receipt of the report from the County Manager, the Board of County Commissioners, at its discretion may grant a tax exemption by ordinance as authorized herein. The ordinance granting an exemption shall be enacted in the same manner as any other Miami Dade County ordinance and shall include the following: (a) The name and address of the new or expanding business to which the exemption is granted; (b) The total amount of revenue available to the County from ad valorem tax sources for the current fiscal year, the total amount of revenue foregone by the County for the current fiscal year by virtue of economic development ad valorem tax exemptions currently in effect, and the estimated revenue foregone by the County for the current fiscal year attributable to the exemption of the business named in the ordinance as a new business or expansion of an existing business as defined herein; (c) The period of time for which the exemption will remain in effect and the expiration date of the exemption; and (d) A finding that the business named in the ordinance meets the requirements of Section 196.012(15) or (16), Florida Statutes. (e) A finding that the business property tax bills are current. (Ord. No. 88 -27, 3, 4- 19 -88; Ord. No. 96 -74, 2, 5- 21 -96; Ord. No. 06 -68, 4, 5 -9 -06) Sec. 29 87. Renewal provisions. Exemptions granted pursuant to this article shall be renewable each year a total of five (5) years upon application by the taxpayer on or before March 1, of the year for which renewal is sought. Failure to file a renewal application with the County Property Appraiser by March 1, of any year shall constitute a waiver of the exemption for the year. Businesses found to be not in compliance with the eligibility requirements shall be required to make payment of the taxes exempted in addition to interest accrued. (Ord. No. 88 -27, 3, 4- 19 -88; Ord. No. 96 -74, 2, 5- 21 -96) Sec. 29 88. First application of article to 2005 tax roll. Exemptions under this article shall first apply to new businesses and expansion of existing businesses as defined herein for the assessed value of improvements to real property and tangible personal property on the 2005 tax assessment rolls of Miami -Dade County. All qualified applications that were submitted to the Office of Community and Economic Development (OCED) and pending as of June 30, 2005 shall be eligible under the new program regardless of the year in which the improvements were made or placed on the tax assessment rolls of Miami -Dade County. (Ord. No. 88 -27, 3, 4- 19 -88; Ord. No. 96 -74, 2, 5- 21 -96; Ord. No. 06 -68, 5, 5 -9 -06) Sec. 29 89. Expiration date. The authority of the Board of County Commissioners to grant tax exemptions pursuant to this httn: /lihrarvg. municode .com /default- test/DocView /10620/1/337/348 11/12/2009 ARTICLE X. PROPERTY TAX EXEMPTIONS IN ENTERPRISE ZONES* Page 5 of 5 M {AktI article, shall expire on June 30, 2015 and no business shall be allowed to begin receiving such exemption after that date; however, the expiration of this section shall not affect the operation of any exemption for which a business has qualified under this section prior to June 30, 2015. (Ord. No. 88 -27, 3, 4- 19 -88; Ord. No. 96 -74, 2, 5- 21 -96; Ord. No. 06 -68, 5, 5 -9 -06) httn: /librarv8.municode.com /default test/DocView /10620/1 /337/348 11/12/2009 ARTICLE V. ECONOMIC DEVELOPMENT AD VALOREM TAX EXEMPTIONS* Page 1 of 5 61 Lk) Li Co ARTICLE V. ECONOMIC DEVELOPMENT AD VALOREM TAX EXEMPTIONS* *Editor's note: Ord. No. 03 -36, Arts. I -V, adopted Sept. 16, 2003, granted an Economic Development Ad Valorem Tax Exemption for Mirabella Yachts, Inc., expiring four years from the date of board adoption of the ordinance. Ord. No. 05 -034, adopted Oct. 4, 2005, granted an Economic Development Ad Valorem Tax Exemption for Scripps Treasure Coast Publishing Company expiring seven years from the date of board adoption of the ordinance. Ord. No. 05 -035, adopted Oct. 4, 2005, granted an Economic Development Ad Valorem Tax Exemption for Atlantic Truss Co. Ltd. expiring seven years from the date of board adoption of the ordinance. Ord. No. 05 -036, adopted Oct. 4, 2005, granted an Economic Development Ad Valorem Tax Exemption for Tropicana Products, Inc. expiring six years from the date of board adoption of the ordinance. Ord. No. 06 -029, adopted June 20, 2006 granted an Economic Development Ad Valorem Tax Exemption for Cabinet Connection of the Treasure Coast, Inc., expiring nine years from the date of board adoption of the ordinance. Ord. No. 09 -017, adopted May 12, 2009, granted an Economic Ad Valorem Tax Exemption for Lighthouse Industries, Inc., expiring six years from the date of board adoption of the ordinance. Ord. No. 09 -018, adopted May 12, 2009, granted an Economic Ad Valorem Tax Exemption for Parkway Warehouse Associates, LLC. (Lighthouse Industries, Inc.), expiring six years from the date of board adoption of the ordinance. Sec. 1 19.3 51. Short title. This article shall be known as county Ordinance No. 92 -24, "Economic Development Ad Valorem Tax Exemption Regulations of St. Lucie Co., Florida." (Ord. No. 92 -24, Pt. A, 10 -6 -92) Sec. 1 19.3 52. Enactment and authority. Pursuant to section 3, Article VII of the State Constitution and in accordance with Chapters 125, 163, 192, 196 and 214, Florida Statutes and Florida Department of Revenue Rules, Chapter 12D -7, Florida Administrative Code, incorporated municipalities and counties individually or in combination are authorized and empowered to adopt, amend or revise and enforce an ordinance relating to economic development ad valorem tax exemptions, after the electors of such municipality or county, voting on the question in a referendum, authorize the adoption of such ordinance. (Ord. No. 92 -24, Pt. A, 10 -6 -92) Sec. 1 19.3 53. Jurisdiction. The area subject to this article shall be incorporated and unincorporated St. Lucie County. (Ord. No. 92 -24, Pt. A, 10 -6 -92) Sec. 1 19.3 54. Purpose and intent. The public health, safety, comfort, economy, order, convenience and general welfare require the harmonious, orderly and progressive development of new business and expansion of existing busine http: /library8. municode .com /default- test/DocView /11530/1 /160 /165 ?hilite =1 19 3 51; 11/12/2009 ARTICLE V. ECONOMIC DEVELOPMENT AD VALOREM TAX EXEMPTIONS* Page 2 of 5 ST. Were CJ\f within Florida and its incorporated municipalities and counties. In furtherance of this general purpose counties by Chapters 125, 163, 192, 196 and 214, Florida Statutes and Florida Department of Revenue Rules, Chapter 12D -7, Florida Administrative Code, are authorized and empowered to adopt, amend or revise and enforce measures relating to economic development ad valorem tax exemptions for new business and expansion of existing business. It is the intent of this article to secure or to ensure: (1) The establishment of criteria for granting such exemptions to certain types of businesses or industries or for denying exemptions on a rational, nonarbitrary, nondiscriminatory basis by the board of county commissioners. (2) No precedent shall be implied or inferred by the granting of an exemption to a new or expanding business. Applications for exemptions shall be considered by the board of county commissioners on a case -by -case basis for each application, after consideration of the property appraiser's report on that application. (3) Any exemption granted shall apply up to one hundred (100) per cent of the assessed value of all improvements to real property made by or for the use of a new business and all tangible personal property of such new business, or up to one hundred (100) per cent of the assessed value of all added improvements to real property which additions are made to facilitate the expansion of an existing business and of the net increase in all tangible personal property acquired to facilitate such expansion of an existing business. (4) Any exemption shall be up to a full ten -year period from the time the exemption is granted. (5) No exemption shall be granted on the land which new or expanded businesses are to be located. (6) No exemption shall be granted on school or water management district taxes, or on taxes levied for payment of bonds or taxes authorized [by] a vote of the electors of the county pursuant to sections 9 or 12, Article VII, of the State Constitution. (Ord. No. 92 -24, Pt. A, 10 -6 -92) Sec. 1 19.3 55. Definition of terms. The following words, phrases and terms shall have the same meanings attributed to them in current Florida Statutes and the Florida Administrative Code, except where the context clearly indicates otherwise: (1) Applicant. Any person or corporation submitting an economic development ad valorem tax exemption application to the board. (2) Board. The St. Lucie County Board of Commissioners. (3) Business. Any activity engaged in by any person, corporation or company with the object of private or public gain, benefit, or advantage, either direct or indirect. (3.1) New business. a. A business establishing ten (10) or more jobs to employ ten (10) or more full time employees in this county, which manufactures, processes, compounds, fabricates, or produces for sale items of tangible personal property at a fixed location and which comprises an industrial or manufacturing plant; b. A business establishing twenty-five (25) of more jobs to employ twenty-five (25) or more full -time employees in this county, the sales factor of which, as defined by section 220.15(5), Florida Statutes, for the facility with respect to http: /library8. municode .com /default- test/DocView /11530/1/160 /165 ?hilite =1 19 3 51; 11/12/2009 ARTICLE V. ECONOMIC DEVELOPMENT AD VALOREM TAX EXEMPTIONS* Page 3 of 5 Si Luc Cry which it requests an economic development ad valorem tax exemption is less than one -half (0.50) for each year the exemption is claimed. No business engaged in retail operations as defined herein shall be eligible for an exemption pursuant to this subsection b.; or c. An office space in this state owned and used by a corporation newly domiciled in this county; provided such office space houses fifty (50) or more full time employees of such corporation; provided that such business or office first begins operation on a site clearly separate from any other commercial or industrial operation owned by the same business. d. Any business located in an area designated enterprise zone that first begins operation on a site clearly separate from any other commercial or industrial operation owned by the same business. (3.2) Expansion of existing business. a. A business establishing ten (10) or more jobs to employ ten (10) or more full time employees in this county, which manufactures, processes, compounds, fabricates, or produces for sale items of tangible personal property at a fixed location and which comprises an industrial or manufacturing plant; or b. Any business establishing twenty -five (25) or more jobs to employ twenty -five (25) or more full -time employees in this county, the sales factor of which, as defined by section 220.15(5), Florida Statutes, for the facility with respect to which it requests an economic development ad valorem tax exemption is Tess than one -half (0.50) for each year the exemption is claimed provided that such business increases operations on a site collocated with a commercial or industrial operation owned by the same business, resulting in a net increase in employment of not less than ten (10) percent or an increase in productive output of not less than ten (10) percent. No business engaged in retail operations as defined herein shall be eligible for an exemption pursuant to this subsection b. c. Any business located in an enterprise zone that increases operations on a site collocated with a commercial or industrial operation owned by the same business. (3.3) Business engaged in retail operations. A business engaged in a sale to a consumer or to any person of an item of tangible personal property for any purposes other than for resale. (4) Department. The Florida Department of Revenue. (5) Improvements. Physical changes made to raw land, and structures placed on or under the land surface. All personal property acquired to facilitate an expansion of an existing business provided that the personal property is added or increased on or after the day the ordinance is adopted. However, personal property acquired to replace existing property shall not be considered to facilitate a businesses expansion. (6) Sales factor. A fraction the numerator of which is the total sales of the taxpayer in this state during the taxable year or period and the denominator of which is the total sales of the taxpayer everywhere during the taxable year or period. (See section 220.15 (5), Florida Statutes, for specifics of computation). (Ord. No. 92 -24, Pt. A, 10 -6 -92) Sec. 1 19.3 56. Application generally. The economic development ad valorem tax exemption is a local option tax incentive for new http: /library8.municode.com /default- test/DocView /11530/1 /160 /165 ?hilite =l 19 3 51; 11/12/2009 ARTICLE V. ECONOMIC DEVELOPMENT AD VALOREM TAX EXEMPTIONS* Page 4 of 5 ST LUeic C7 expanding business which may be granted or refused at the sole discretion of the board. To apply for such an exemption a business locating or expanding in the incorporated or unincorporated area of St. Lucie County must file an application Form EDAG -1, attached hereto as Amended Attachment 1* with the board. *Editor's note: Amended Attachment 1 to Ord. No. 01 -22, adopted Nov. 13, 2001, is not printed herein, but is on file and available for reference together with the ordinance, in the offices of the county. Satisfactory proof that the business meets the criteria for exemption as a new business or expansion of an existing business as defined by this article must accompany the application. The application shall be filed on or before 1 March of the year in which an exemption is requested. Exemption from county tax may only be granted by the board. The exemption granted under this article shall not accrue to improvements to real property made by or for the use of new or expanding businesses when such improvements have been included on the tax rolls prior to the referendum authorizing this article. (Ord. No. 92 -24, Pt. A, 10 -6 -92; Ord. No. 93 -24, Pt. A, 11 -9 -93; Ord. No. 01 -22, Pt. A, 11 -13 -2001) Sec. 1 Procedure. (a) Before the board acts on an application, it must be submitted to the property appraiser for review. After careful consideration, the property appraiser shall report to the board concerning the fiscal impact of granting exemptions. The property appraiser's report shall include the following: (1) The total revenue available to the county for the current fiscal year from ad valorem tax sources. (2) The amount of revenue foregone by the county for the current fiscal year because of economic development ad valorem tax exemptions previously granted. (3) An estimate of the amount of revenue which would be foregone for the current fiscal year if the exemption is granted to the new or expanding business. (4) A determination that the business meets the definition of a new or expanding business as defined in this article. Upon request, the department will provide the property appraiser such information as it may have available to assist in making this determination. (b) After consideration of the report of the property appraiser, the board may choose to adopt an ordinance granting the tax exemption to a new or expanding business. The ordinance shall be adopted in the same manner as any other ordinance of the county. The ordinance shall include the following information; (1) The name and address of the new or expanding business. (2) The amount of revenue available from ad valorem tax sources for the current fiscal year, revenue foregone for the current fiscal year because of economic development ad valorem tax exemptions currently in effect, and the amount of estimated revenue which would be foregone because of the exemption granted to the new or expanding business. (3) The expiration date of the exemption. (Up to ten (10) years from date of board http: /library8.municode .com/default- test/DocView /11530/1 /160 /165 ?hilite =1 19 3 51; 11/12/2009 ARTICLE V. ECONOMIC DEVELOPMENT AD VALOREM TAX EXEMPTIONS* Page 5 of 5 ST LUetE CiY adoption of the ordinance granting the exemption). (4) A finding that the business meets the definition of a new business or an expansion of an existing business. (5) The board's authority to revoke an exemption if the business no longer satisfies the criteria for the exemption. (Ord. No. 92 -24, Pt. A, 10 -6 -92) Sec. 1 19.3 58. Fees. Fees charged to offset the cost of processing the economic development ad valorem tax exemption application or any exemption ordinance shall be adopted by the board by resolution. (Ord. No. 92 -24, Pt. A, 10 -6 -92) Sec. 1 19.3 59. Eligible business or industry. Any business or industry, as defined in section 1- 19.3 -55 subsections (3.1) and (3.2), that does not qualify as an ineligible business or industry as defined in section 1- 19.3 -60. When considering the issue of whether or not a business or industry is an eligible business as defined herein, the board shall consider the anticipated number of employees, average wage, type of industry or business, environmental impacts, volume of business or production or any other information relating to the issue of whether the proposed development in St. Lucie County prior to accepting the economic development ad valorem tax exemption application. The criteria for determining the length of an exemption and the percentage amount of an exemption may be formulated by the board by resolution. The criteria shall provide for incentives for businesses that employ St. Lucie County residents who establish permanent domicile pursuant to Florida Statutes. (Ord. No. 92 -24, Pt. A, 10 -6 -92) Sec. 1 19.3 60. Ineligible business or industry. Any business or industry in violation of any federal, state, or local law or regulation is ineligible to receive an exemption. The board may use this criteria to deny a request for an exemption or to revoke an exemption previously granted. The board may, in its discretion, determine that a business is eligible notwithstanding that the business is in violation. (Ord. No. 92 -24, Pt. A, 10 -6 -92; Ord. No. 09 -002, Pt. A, 1 -6 -2009) Sec. 1 Appeals. The decision of the board not to grant an economic development ad valorem tax exemption to a particular business or industry is subject only to judicial review pursuant to the Florida Rules of Appellate Procedure. (Ord. No. 92 -24, Pt. A, 10 -6 -92) Secs. 1- 19.3- 62 -1- 19.3 -70. Reserved. http: //library8.municode.com /default test/DocView /11530/1 /160 /165 =1 19 3 51; 11/12/2009 MODEL TAX ABATEMENT GRANTING ORDINANCE ORDINANCE NO. 2001- AN ORDINANCE OF THE CITY OF MELBOURNE, BREVARD COUNTY, FLORIDA AMENDING CHAPTER 30, TAXATION, BY GRANTING AN ECONOMIC DEVELOPMENT AD VALOREM TAX EXEMPTION TO SPECIFYING THE ITEMS EXEMPTED; PROVIDING AN EXPIRATION DATE FOR THE EXEMPTION; FINDING THAT THE BUSINESS MEETS THE REQUIREMENTS OF F.S. 196.012; PROVIDING FOR PROOF OF ELIGIBILITY FOR EXEMPTION; PROVIDING A REQUIREMENT FOR AN ANNUAL REPORT; PROVIDING FOR SEVERABILITY; PROVIDING FOR THE REPEAL OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING AN EFFECTIVE DATE; AND PROVIDING FOR ADOPTION. WHEREAS, economic development and the creation of jobs are priorities of the City Council of the City of Melbourne; and WHEREAS, the citizens of Melbourne voted to provide economic incentives to new and expanding businesses in the November 2000 general election; and WHEREAS, Inc. has requested that the City of Melbourne exempt ad valorem taxes for its new facility and equipment to be located at in Melbourne; and WHEREAS, the Property Appraiser has provided the City of Melbourne with its report as required by Chapter 196.1995(8) F.S.; and WHEREAS, it has been determined that meets the requirements of Chapter 196.012 F.S., a new business planning to locate in Melbourne. BE IT ENACTED BY THE CITY OF MELBOURNE, FLORIDA: SECTION 1. That the City Code of Melbourne, Florida, Chapter 30, Article V, is hereby amended by adding a new section, to be numbered 30 which said section reads as follows: Sec. 30- (a) An Economic Development Ad Valorem Tax Exemption is hereby granted to considering locating to Melbourne, Florida for a new facility and tangible personal property purchased as equipment. (b) The total .amount of revenue available to the City of Melbourne from ad valorem tax sources for the current fiscal year is is lost to the City of Melbourne for the current fiscal year by virtue of exemptions currently in effect from previous years. (c) The tax exemption hereby granted shall be for a term of years, commencing with the first year the new improvements and personal property are added to the assessment roll, and lasting years thereafter, for percent of City ad valorem taxes. Page 1 of 2 (d) In accordance with the findings of the Melbourne City Council and the Property Appraiser, the property hereby exempted from ad valorem tax exemption meets the definition of a new business, as defined by Chapter 196.012, Florida Statutes. (e) shall submit to the City of Melbourne an annual report providing evidence of continued compliance with the definition of a new business or an expansion of an existing business for each of the years during which is eligible to receive ad valorem tax exemption. The annual report shall be submitted to the City Manager by January 15 of each year. If the annual report is not received, or if the annual report indicates that Inc. no longer meets the criteria of Chapter 196.012 F.S., the City Manager shall make a report to the City Council for consideration of revocation of this ordinance granting the tax exemption. SECTION 2. Severability. It is hereby declared to be the intention of the council that the sections, paragraphs, sentences, clauses and phrases of this Code are severable, and if any phrase, clause, sentence, paragraph or section of this Code shall be declared unconstitutional by the valid judgment or decree of a court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this Code. SECTION 3. That all ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 4. That this ordinance shall become effective immediately upon its adoption in accordance with the Charter of the City of Melbourne. SECTION 5. That this ordinance was passed on first reading at a regular meeting of the City Council on the meeting of the City Council on the day of 2001. ATTEST: Cathleen A. Wysor, City Clerk Ordinance No. 2001- Page 2 of 2 day of 2001, and adopted on the second and final reading at a regular BY: John A. Buckley, Mayor N§§ 1- z w/ b L A 2 C1->- k�c §£!f en. I kaae owE2 8 'ammo e!_mo Sod e m1 a>- M f& <E »a A #7 wli ƒ§ {k)k /�k e ao a- 2 /2 (k 8f ;8& 2 8 2 22 o818ao 2. E2§g =.0 0 Q N 0 �2 r;,, m ƒ £!0_ a \g)ƒ l r <000 O m o 30 W -x @w3 air oo§� CO- i B 2§ !k ®aw 00_J TIII wa`R P 3 kk ooA y Z HOME OF PELICAN ISLAND RECENT INDIAN RIVER COUNTY INCENTIVE ACTIONS 0 TO: FROM: DATE: SUBJECT: BACKGROUND Stan Boling, AICP Planning Director October 1, 2009 INDIAN RIVER COUNTY, FLORIDA MEMORANDUM Joseph A Baird; County Administrator DEPARTMENT HEAD CONCURRENCE: Robert M. Keating, AICP; Community Development Director PUBLIC HEARING LDR ANJENDMENT LEGISLATIVE] Consideration of Proposed Amendments to Provide for Permanent Exceptions to Certain LDRs for Individual Development Projects: Land Development Regulations Chapter 902 It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of October 13, 2009. At its March, April, and May 2009 meetings, the PSAC (Professional Services Advisory Committee) discussed an initiative related to the temporary suspension of compliance with county land development regulations for development projects (see attachments #1 and #2). That temporary suspension initiative was adopted by the Board of County Commissioners (BCC) on May 19, 2009, and is in effect. Besides the temporary suspension provision, another initiative, which involves granting permanent exceptions to LDRs for individual development projects, was discussed by the PSAC. At its May 21, 2009 meeting, the PSAC voted 7 -0 to recommend that the BCC direct staff to initiate a formal amendment to the LDRs to provide for permanent exceptions under certain conditions (see attachment #2). On June 23, 2009, the BCC considered the PSAC and staff recommendations on permanent exceptions (see attachment #3). At that meeting, the BCC voted to: 1. Direct the PSAC and staff to identify "problem LDRs" and develop proposed amendments to resolve problems indentified, and 2. Direct staff to initiate the formal LDR amendment process to develop a permanent exception ordinance that builds on the PSAC's recommendation for an approach allowing deviations under special circumstances and an approach allowing exceptions in return for "functionally equivalent" alternative designs and improvements. C:\Documents and Settings\smaio.SEBASTIAN\Local Settings \Temporary Internet Files \OLKF3 \10 -13 -09 Consideration of 902 perment exception.rtf 1 In response to the first directive, staff held a public workshop on landscaping regulations on September 30, 2009. That workshop was well attended and produced a consensus on several possible adjustments to the existing landscape regulations. In the next few weeks, staff will coordinate with workshop attendees and incorporate workshop results into draft amendments that will be reviewed by the PSAC, PZC, and BCC at future meetings or hearings. It is generally acknowledged that adjustments to certain landscaping requirements need to be considered, and staff believes that addressing landscaping issues will address the most talked about "problem LDRs In response to the second BCC directive, staff researched other jurisdictions' exception and waiver allowances, considered previous PSAC recommendations, and drafted a proposed permanent exception ordinance. Staff is now taking the proposed ordinance through the formal LDR amendment process. PSAC Recommendation At its meeting of August 20, 2009, the PSAC voted 9 -0 to recommend that the BCC adopt the proposed ordinance with wording added to one of the permanent exception review criteria (see attachment #4). That wording has been added to the proposed ordinance now presented to the PZC for consideration. PZC Recommendation At its meeting of September 10, 2009, the PZC voted 0 -4 on a motion to recommend that the BCC adopt the permanent exception ordinance. Thus, all 4 PZC members opposed the proposed permanent exception ordinance. During discussion, members expressed concerns about the proposed ordinance with respect to the lack of required public notice, the potential for creating inconsistencies within the LDRs, the prospect of an applicant obtaining up -front exceptions prior to overall project approval, the probability that the proposed ordinance will not be effective in stimulating the local economy, and the need/justification for creating a permanent exception provision, given the other existing processes that either allow flexibility or provide a way to change problem LDRs. ANALYSIS At the June 23 BCC meeting, staff presented two possible approaches that the PSAC considered for permanent exceptions. Both approaches involved staff and BCC review. One approach involved allowing permanent suspensions only if special circumstances and conditions existed and only if the permanent suspension resulted in an LDR deviation of 10% or less. The other approach involved use of alternative designs and improvements that would be "functionally equivalent" to conventional regulations. During discussion, Board members indicated that a deviation cap of 10% might not provide needed flexibility and expressed concerns that simply granting quantitative deviations could set precedents that would ultimately lower LDR standards. Board members, however, indicated that allowing a "functionally equivalent" alternative design would allow creativity and positive innovations without affecting or lowering conventional standards. Also, Board members discussed the possibility of an approach that combines special condition requirements and a requirement for a "functionally equivalent" development proposal. After the June 23 meeting, staff researched approaches that other jurisdictions use to evaluate and grant exceptions to development regulations. That research showed that, like Indian River County, most jurisdictions have code allowances for technical variances based on strict criteria and for planned development processes that allow design flexibility but require a lengthy review and public hearing C:\Documents and Settings\smaio.SEBASTIAN\Local Settings \Temporary Internet Files \OLKF3 \10 -13 -09 Consideration of 902 perment exception.rtf 2 process. Staff also found several jurisdictions that have a special process for development regulation exceptions (aka modifications or waivers) that use special criteria and either provide for staff-level determinations that are appealable to a board or review and approval by a board at a hearing. Those jurisdictions include Fort Myers; Hillsborough County; Orlando; Frankfort, Kentucky; Huntington Beach, California; and Snohomish County, Washington. Each of those jurisdictions allow an exception to certain types of regulations (e.g. landscaping, parking, accessory structures) if an alternative design is used that yields a superior or equal quality of development compared to the quality of development that would result under the regulation being excepted. After considering the research results, staff determined that a permanent exception approach using only special conditions and limitations on the degree of deviation was un- workable. Staff also concluded that an approach that combined special conditions, limitations on the degree of deviation, and provision of a "functionally equivalent" alternative was too restrictive and would not adequately accommodate positive development innovations that could be used in lieu of a conventional development plan that strictly adhered to a regulation. Therefore, staff determined that the most appropriate and workable permanent exception process should be based solely on a superior or "functionally equivalent" alternative design or improvement approach. To develop the proposed ordinance, staff used criteria from other jurisdictions' regulations as well as criteria from past PSAC discussions and recommendations. As proposed, the draft ordinance allows staff level approval of permanent exceptions to certain development regulations for projects that use alternative designs which result in superior or "functionally equivalent" development (see attachment #4). Although the proposed criteria require qualitative judgments rather than use of quantitative /objective standards, the criteria require specific findings about the proposed alternative, the results of developing under the alternative, and the impacts of the development alternative used. Under the proposed ordinance, applicants are required to justify the request and demonstrate compliance with the exception criteria. While prohibiting exceptions to fundamental and locally important standards, the proposed ordinance allows for design flexibility, the use of innovative approaches, and the application of new technologies. As proposed, exceptions would not be allowed for the following types of regulations and standards: building and fire codes, public safety, setbacks, building height, open space, building coverage, uses, and specific land use criteria. Other types of development regulations such as landscaping, parking, accessory structures, and corridor requirements could be the subject of an exception if an acceptable superior or functionally equivalent alternative design and/or improvement is proposed and approved. As structured, the proposed ordinance generally follows the format and procedures of the recently adopted temporary suspension provisions. Accordingly, the proposed ordinance authorizes the county administrator or his designee to grant (or deny) an exception, with a provision for appeals or referrals to the Board of County Commissioners. As drafted, the proposed ordinance requires staff to report its permanent exception decisions to the BCC and mail notice to adjacent property owners for any permanent exception request that is referred or appealed to the BCC. In addition, the ordinance authorizes the BCC to set fees for permanent exception requests and appeals. The proposed ordinance also provides some "clean up" items and minor changes to the temporary suspension provisions to make the wording used in the temporary suspension and permanent exception sections consistent. Impact on Housing Affordability Housing element policy 1.7 requires the county to assess the anticipated housing affordability impact of C:\Documents and Settings\smaio.SEBASTIAN\Local Settings \Temporary Internet Files \OLKF3 \I0 -13-09 Consideration of 902 perment exception.rtf Indian River Co, Approved Date Admin. Legal Budget Dept. Risk Mgr. proposed regulations that could affect housing development. In this case, the proposed permanent exception regulation changes provide an option for developers and will not increase housing costs. In some instances, the effect of the proposed regulations may even reduce residential development costs if an approved alternative design is less costly than a conventional design. Therefore, the proposed regulations will have no adverse impact, and may have a positive impact, on housing affordability. RECOMMENDATION: Staff recommends that the BCC adopt the proposed LDR amendment. ATTACHMENTS: 1. *April 16, 2009 PSAC: Staff Report and Minutes 2. *May 21, 2009 PSAC: Staff Report and Minutes 3. *June 23, 2009 BCC: Staff Report Excerpts and Minutes 4. *Minutes from the August 20, 2009 PSAC Meeting 5. *Minutes from the September 10, 2009 PZC Meeting 6. Proposed Permanent Exception Ordinance *Note: Audio recordings of these meetings are available at: PSAC Meetings: http://www.ircgov.com/Boards/PSAC/2009.htm BCC Meeting: http:// www .ircgov.comBoardsBCC /2009.htm PZC Meeting: http:// www .ircgov.comBoards/PZC /2009.htm APPROVED AGENDA ITEM: FOR: BY: C:\Documents and Settings\smaio.SEBASTIAN\Local Settings \Temporary Internet Files \OLKF3 \10 -13 -09 Consideration of 902 perment exception.rtf 4 ORDINANCE 2009 -017 AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA CONCERNING AN AMENDMENT TO ITS LAND DEVELOPMENT REGULATIONS (LDR); PROVIDING FOR AMENDMENTS TO CHAPTER 902, ADMINISTRATIVE MECHANISMS, BY CREATING THE ROLE OF BOARD OF COUNTY COMMISSIONERS IN CHAPTER 902 TO HEAR REQUESTS FOR PERMANENT EXCEPTIONS FOR INDIVIDUAL DEVELOPMENT PROJECTS; PROVIDING FOR OTHER MODIFICATIONS IN CHAPTER 902; AND BY PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS; CODIFICATION; SEVERABILITY; AND EFFECTIVE DATE. BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA THAT THE INDIAN RIVER COUNTY LAND DEVELOPMENT REGULATIONS (LDRS) BE AMENDED AS FOLLOWS: SECTION #1: Amend LDR sections 902.04(14) through (17), to read as follows: (14) The board of county commissioners may hear requests for temporary suspensions of compliance, as provided below. (A) Purpose and intent. This section is established to provide procedures for reviewing temporary suspensions of compliance (including appeals and referrals) by the board of county commissioners and staff. A temporary suspension of compliance is of limited duration, pertains to regulations not directly related to public safety, and is intended to provide site plan, planned development, and subdivision project applicants an opportunity to obtain a certificate of occupancy or certificate of completion with a condition that minor deficiencies are corrected within a specified and limited timeframe. (B) Approving authority. The board of county commissioners is hereby authorized to grant temporary suspensions of compliance in accordance with the provisions of this section and may attach conditions to temporary suspensions of compliance granted. In addition, the county administrator or his designee is authorized to grant temporary suspensions of compliance, in accordance with the provisions of this section. (1) Temporary suspension of compliance by the county administrator or his designee. A temporary suspension of compliance with land development regulations not directly related to public safety may be granted by the county administrator or his designee, without board of county commissioners approval, under the following circumstances. a. The development project is certified by the project design professional or owner /designer to be complete and in substantial conformance with the approved development plan in accordance with site plan ordinance section 914.12(3)(a) and (b) or subdivision ordinance section 913.07(5)(I), whichever is applicable, and required landscaping is certified by a landscape architect or landscape contractor as Florida No. 1 or better in accordance with landscape ordinance section 926.12(1)(a). b. The development project has been inspected by county staff, a "punchlist" of discrepancies has been issued, and the project developer has provided staff a written request specifying the discrepancies he or she wishes to be temporarily suspended. Bold Underline: Additions to Ordinance Strike Strike4hfonglii Deleted Text from Existing Ordinance C:\Documents and Settings\smaio.SEBASTIAN\Local Settings \Temporary Internet Files \OLKF3\2009 -017 902 perex after BCC.RTF ORDINANCE 2009 -017 c. The project deficiencies that are the subject of the suspension request are found to be minor in nature and extent, and are found to be correctable within a timeframe not to exceed 90 days. d. The suspension timeframe is specified in writing and does not exceed 90 days from the date of the suspension. e. The corrective action(s) is specified in writing and found to be sufficient to bring the development project into compliance upon completion. f. The project developer and owner agree to the specified suspension timeframe and the obligation to complete the specified corrective action(s) within the specified timeframe. (C) Procedures for approval by the county administrator or his designee. The applicant may apply to the planning division for a temporary suspension by filing a temporary suspension application form provided by the planning division. The county administrator or his designee shall act on any temporary approved suspension request within 2 business days of receiving the request. For each temporary suspension of compliance determination, staff shall provide notice of such action the determination decision in writing to the project owner, project developer, and Bboard of Gcounty Gcommissioners. Each suspension determination granting approval shall specify the maximum duration of the suspension, required mitigation and/or corrective action(s), and any condition(s) attached to the suspension. (D) Procedure for referral or appeal to the Board of County Commissioners. The project owner, or project developer, may appeal a decision of the county administrator or his designee to the board of county commissioners within 10 days of the mailing of the written determination referenced in sub section (C) above. Each appeal shall be accompanied by a fee established by resolution of the Bboard of Gcounty Commissioners. The county administrator or his designee may refer a request to the board of county commissioners. Any referral or appeal shall be: (1) Made in writing to the chairman of the board of county commissioners with a copy provided to the project developer, project owner, county administrator (if an appeal), and Bboard of Gcounty Gcommissioners. Upon receipt of a referral or appeal, the chairman shall call a meeting of the board of county commissioners as soon as practicable to conduct a hearing on the suspension request, subject to the requirements of sub sections (D)(2) and (3) below. (2) Noticed at least seven (7) days prior to the hearing via written notice of the hearing mailed to each owner of property adjacent to the development project site. The notice shall contain the name of the applicant, a description of the appeal/temporary suspension request and the development project location, as well as the date, time, and place of the hearing. Bold Underline: Additions to Ordinance Stnke- through Deleted Text from Existing Ordinance C:\Documents and Settings\smaio.SEBASTIAN\Local Settings \Temporary Internet Files \OLKF3\2009 -017 902 perex after BCC.RTF 2 (E) (3) ORDINANCE 2009 -017 Considered at a hearing held no more than 12 business days after receipt of the appeal or referral. At the hearing, the board of county commissioners may approve a temporary suspension request if it finds that all temporary suspension criteria of sub subsection (B)(1)a -f above are satisfied. Conditions authorized. The county administrator or his designee or, upon referral or appeal, the Bboard of Gcounty Gcommissioners may impose conditions including but not limited to a cash deposit which will be forfeited for non compliance within a time specified. (F) Consequences of Non compliance. In the event that the specified corrective action(s) is not completed prior to the end of the specified suspension timeframe, the project owner shall be deemed in violation of the land development regulations, shall forfeit any required cash deposit for compliance, and shall be subject to code enforcement action. In addition, the county shall withhold issuance of any future development order, building permit, certificate of completion, or certificate of occupancy associated with the project site unless and until the violation is corrected. Notwithstanding the above, a certificate of occupancy may be issued for a residential unit within a subdivision project site deemed to be in violation if security is posted with the county that guarantees correction of the violation. For purposes of these regulations, the subdivision project site shall mean the development area that is the subject of the certificate of completion. (G) Limitation. No temporary suspension of compliance shall be granted for building code or fire code items, or other items directly related to public safety. (15) The board of county commissioners may hear requests for permanent exceptions to specific land development regulations for individual development projects, as provided below. (A) Purpose and intent. This section is established to provide criteria and procedures for reviewing permanent exceptions to specific land development regulations for individual development projects by the board of county commissioners. A permanent exception is a waiver or modification of a land development regulation not related to public safety or other particular types of standards or requirements defined herein, and is intended to allow development with a superior or functionally equivalent alternative design and /or improvements than would otherwise result under strict compliance with the excepted regulation. (B) Approving authority and required findings. The board of county commissioners is authorized to grant a permanent exception to a land development regulation as applied to an individual development project, upon making the following findings of fact: (1) That the permanent exception does not relate to any of the following types of standards or requirements: a. Building code b. Fire code c. Setbacks d. Building height e. Open space or building coverage Bold Underline: Additions to Ordinance Deleted Text from Existing Ordinance C:\Documents and Settings\smaio.SEBASTIAN\Local Settings \Temporary Internet Files \OLKF3\2009 017 902 perex after BCC.RTF ORDINANCE 2009 -017 f. Uses g. Specific land use criteria h. Public safety (2) That the purpose and intent of the land development regulation being excepted is achieved through a superior or functionally equivalent alternative design and /or through superior or functionally equivalent alternative improvements provided by the development. (3) That the proposed superior or functionally equivalent design and /or improvements includes one or more of the following: a. Enhanced development features or improvements that provide public benefits that are proportionate to the degree of exception or variation requested. b. Innovative use of new materials, methods, or technologies that result in a better or equivalent quality of development. c. Lay -out that results in a more efficient and /or integrated development pattern. d. Plan that reduces environmental impacts or enhances /restores environmental resources. e. Plan that provides a better way to meet or exceed the protections offered by the regulation being excepted. (4) That granting the exception and having the development constructed with the superior or functionally equivalent alternative design and/or superior or functionally equivalent alternative improvements will not adversely impact surrounding properties, public facilities, or environmental or historic resources. (C) Procedures for approval by the board of county commissioners. The project developer shall apply to the planning division for a permanent exception by filing a permanent exception application form provided by the planning division. The application shall be accompanied by a fee approved by the board of county commissioners and five (5) sets of development plans depicting the proposed superior or functionally equivalent alternative design and /or superior or functionally equivalent improvements. In addition, the applicant shall submit a description of the land development regulation being excepted and the proposed alternative design and/or improvements, an explanation of how the alternative will achieve or exceed the purpose and intent of the regulation being excepted, reasons for the request, and how the request satisfies each of the four findings of fact criteria in sub section (B), above. (1) Within 30 days of receiving the permanent exception application, the planning division shall schedule a public hearing at which the board of county commissioners shall consider the request. Bold Underline: Additions to Ordinance Strike4l ough: Deleted Text from Existing Ordinance C:\Documents and Settings\smaio.SEBASTIAN\Local Settings \Temporary Internet Files \OLKF3\2009 -017 902 perex after BCC.RTF 4 ORDINANCE 2009 -017 (2) Prior to each permanent exception hearing, staff shall provide notice of the hearing in writing to the project owner, and project developer. Notice to adjacent property owners shall also be provided as specified below. a. Notice shall be mailed to each owner of property adjacent to the development project site at least seven (7) days prior to the hearing. The notice shall contain the name of the applicant, a description of the permanent exception request, the development project location, and the date, time, and place of the hearing. (3) The hearing shall be advertised (published notice) in the same manner as are rezoning hearings (reference section 902.12). (D) Conditions authorized The board of county commissioners may attach conditions to the development approval and /or require guarantees to ensure implementation of the superior alternative or functionally equivalent design and /or provision and performance of the superior alternative or functionally equivalent improvements. Guarantees required may include but are not limited to posted security. (E) Time limit. A permanent exception shall remain valid as long as the associated development project site plan or preliminary plat approval remains valid and shall expire if and when the associated development project site plan or preliminary plat approval expires. (F) Enforcement. No certificate of occupancy or certificate of completion shall be issued for a development project which has received a permanent exception unless the superior or functionally equivalent alternative design is implemented as approved or unless the development project is constructed as a conventional development that conforms to all applicable land development regulations. (15)(16) The board of county commissioners shall, when appropriate, authorize grant applications for assistance available from state, federal, or private sources for planning or land development related projects. (16)(17) The board of county commissioners shall exercise all powers and duties consistent with the grant of power contained in F.S. 125.01. (17)(18) Notwithstanding any section to the contrary and, as an alternative to misdemeanor prosecution or other enforcement procedures, an alleged violator of regulations found in County Land Development Regulations Chapter 927, 928, 929 or 932.06(11) may request that the Board of County Commissioners, at a public meeting, determine whether or not a violation of the land development regulations has occurred. The alleged violator may appear, with or without attorney, and present evidence and information on the alleged violation. The burden of proof shall be on staff to show by a preponderance of the evidence that a violation has occurred. If the Board of County Commissioners determines that a violation has occurred, the Board may impose a fine not to exceed five hundred dollars ($500.00) or an amount set forth in the various penalty sections of the regulations and/or require restoration; if applicable. Bold Underline: Additions to Ordinance Strike- through: Deleted Text from Existing Ordinance C:\Documents and Settings\smaio.SEBASTIAN\Local Settings \Temporary Internet Files \OLKF3\2009 -017 902 perex after BCC.RTF 5 The decision of the Board shall be final. The alleged violator may reject this alternative procedure, in which case the County may prosecute the alleged violator in the same manner as a misdemeanor in County Court or take other enforcement action. SECTION #2: SEVERABILITY. If any clause, section or provision of this Ordinance shall be declared by a court of competent jurisdiction to be unconstitutional or invalid for any cause or reason, the same shall be eliminated from this Ordinance and the remaining portion of this Ordinance shall be in full force and effect and be as valid as if such invalid portion thereof had not been incorporated therein. SECTION #3: REPEAL OF CONFLICTING ORDINANCES. The provisions of any other Indian River County ordinance that are inconsistent or in conflict with the provisions of this Ordinance are repealed to the extent of such inconsistency or conflict. SECTION #4: INCLUSION IN THE CODE OF LAWS AND ORDINANCES. The provisions of this Ordinance shall become and be made a part of the Code of Laws and Ordinances of Indian River County, Florida. The sections of the Ordinance may be renumbered or relettered to accomplish such, and the word "ordinance" may be changed to "section "article or any other appropriate word. SECTION #5: EFFECTIVE DATE. This Ordinance shall take effect upon filing with the Department of State. This ordinance was advertised in the Press Journal on the 28th day of September 2009, for a public hearing to be held on the 13th day of October 2009, at which time it was moved for adoption by Commissioner Flescher seconded by Commissioner O'Bryan and adopted by the following vote: Chairman Wesley S. Davis Aye Vice Chairman Joseph E. Flescher Aye Commissioner Gary C. Wheeler Aye Commissioner Peter D. O'Bryan Aye Commissioner Bob Solari Aye BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY BY: ORDINANCE 2009 -017 Wesley S. Davis, Chairman Bold Underline: Additions to Ordinance S#ike- through:: Deleted Text from Existing Ordinance C:\Documents and Settings\smaio.SEBASTIAN\Local Settings \Temporary Internet Files \OLKF3\2009 -017 902 perex after BCC.RTF 6 William G. Collins II, County Attorney APPROVED AS TO PLANNING MATTERS ORDINANCE 2009 -017 This ordinance was filed with the Department of State on the following date: APPROVED AS TO FORM AND LEGAL SUFFICIENCY Robert M. Keating, AICP; Community Development Director ATTEST BY: Jeffrey K. Barton, Clerk Bold Underline: Additions to Ordinance Strike-through:: Deleted Text from Existing Ordinance C:\Documents and Settings\smaio.SEBASTIAN\Local Settings \Temporary Internet Files \OLKF3\2009 -017 902 perex after BCC.RTF RESOLUTION NO. A RESOLUTION BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, DESIGNATING THE COUNTY ADMINISTRATOR'S OFFICE AS THE COUNTY ECONOMIC DEVELOPMENT AGENCY FOR ALL PURPOSES; DESIGNATING THE COUNTY ADMINISTRATOR'S OFFICE AS THE COUNTY ECONOMIC DEVELOPMENT AGENCY WITH RESPECT TO THE INDIAN RIVER COUNTY SOLID WASTE DISPOSAL DISTRICT, A DEPENDENT SPECIAL DISTRICT OF INDIAN RIVER COUNTY; DESIGNATING THAT THE COUNTY ADMINISTRATOR IS THE ECONOMIC DEVELOPMENT OFFICER OF THE COUNTY ECONOMIC DEVELOPMENT AGENCY FOR ALL PURPOSES INVOLVING NEW BUSINESS COMING INTO THE COUNTY OR EXPANDING BUSINESSES; PROVIDING FOR CERTAIN OTHER MATTERS IN CONNECTION THEREWITH; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Florida Statutes section 288.075(1)(a)4 defines "economic development agency" as the public economic development agency of a county or, if a county does not have a public economic development agency, the county officers or employees assigned the duty to promote the general business interests or industrial interests of that county or the responsibilities related thereto; and WHEREAS, Florida Statutes section 288.075(2)(a) provides that, upon written request from a private corporation, partnership, or person, information held by an economic development agency concerning plans, intentions, or interests of such private corporation, partnership, or person to locate, relocate, or expand its business activities in this state is confidential and exempt from Florida Statutes section 119.07(1) and section 24(a), Art. I of the State Constitution for twelve (12) months after the date an economic development agency receives a request for confidentiality or until the information is otherwise disclosed, whichever occurs first and WHEREAS, Florida Statutes section 288.075(2)(b) provides that, an economic development agency may extend the period of confidentiality specified in subsection (2)(a) for up to an additional twelve (12) months upon written request from the private corporation, partnership, or person who originally requested confidentiality under Florida Statutes section 288.075(2) and upon a finding by the economic development agency that such private corporation, partnership, or person is still actively considering locating, relocating, or expanding its business activities in this state; and WHEREAS, Florida Statutes section 288.075(3) allows "trade secrets" (as defined in Florida Statutes section 688.002) held by an economic development agency to be confidential and exempt from Florida Statutes section 119.07(1) and s. 24(a), Art. I of the State Constitution; and 1 RESOLUTION NO. WHEREAS, Florida Statutes section 288.075(4) allows "proprietary confidential business information" held by an economic development agency to be confidential and exempt from Florida Statutes section 119.07(1) and s. 24(a), Art. I of the State Constitution, until such information is otherwise publicly available or is no longer treated by the proprietor as proprietary confidential business information; WHEREAS, pursuant to Resolution 2007 -162, duly adopted by the Board of County Commissioners on December 4, 2007, the County Administrator was confirmed as the County Economic Development Officer and the County Administrator's Office was confirmed as the County Economic Development Agency with respect to major league baseball; and WHEREAS, the Board of County Commissioners has determined that it is necessary and desirable to designate the County Administrator's Office as the County Economic Development Agency for all economic development purposes in the County, including, without limitation, the Indian River County Solid Waste Disposal District, a dependant special district of Indian River County. NOW, THEREFORE BE IT RESOLVED, BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, as follows: SECTION 1. The County Administrator's Office is hereby designated as the County Economic Development Agency (the "Agency and the County Administrator and the County Commissioner designated as liaison to the County Economic Development Council are hereby designated as the County Economic Development Officers (the "Officers for all of the purposes of Florida Statutes section 288.075, (the "Act For the purpose of this Resolution the Agency shall include the Indian River County Solid Waste Disposal District, a dependent special district of Indian River County. SECTION 2. The Agency, by and through the Officers, are authorized and directed to honor, pursuant to and in all respects subject to the Act, any request for confidentiality received from a private corporation, partnership, or person with respect to its plans to locate, relocate, or expand any of its business activities in the County. Further, pursuant to and in all respects subject to the Act, "trade secrets" and "proprietary confidential business information" held by the Agency, by and through the Officer, is confidential and exempt from Florida Statutes section 119.07(1) and s. 24(a), Art. I of the State Constitution. SECTION 3. The County Administrator in his capacity as Officer may designate, in writing, one or more County employees to be assigned the duty to promote the general business interest or industrial interest of Indian River County or the responsibilities related thereto; in such event, the County employee(s) shall be deemed to be Officers of the Agency for all purposes under the Act and this Resolution. 2 SECTION 4. This Resolution is not intended, and shall not be construed, to delegate any function of the Board of County Commissioners. The policy of the County has been established by Resolution and it is the function of the County Administrator, in the exercise of his administrative function to carry out that policy. SECTION 5. SAVINGS PROVISION. From and after the effective date of this Resolution, Resolution 2007 -162 shall remain in full force and effect until otherwise modified, supplemented, or amended by the Board of County Commissioners. SECTION 6. EFFECTIVE DATE. This Resolution shall take effect immediately upon its adoption. This Resolution was moved for adoption by Commissioner and the motion was seconded by Commissioner and upon being put to a vote, the vote was as follows: Chairman Wesley S. Davis Vice Chairman Joseph E. Flescher Commissioner Peter D. O'Bryan Commissioner Bob Solari Commissioner Gary C. Wheeler The Chairman thereupon declared the resolution duly passed and adopted this 7th day of April, 2009. INDIAN RIVER COUNTY, FLORIDA Attest: J. K. Barton, Clerk by its Board of County Commissioners By By Deputy Clerk Wesley S. Davis, Chairman Approved as to form and legal sufficiency: County Attorney RESOLUTION NO. 3 TO: FROM: DATE: SUBJECT: Stan Boline P Planning Director May 7, 2007 F:\Conununity Development\ UseseCurDrASTANF200TEntergisewnetargetindustries .rtf INDIAN RIVER COUNTY, FLORIDA MEMORANDUM Members of Indian River County /City of Vero Beach Enterprise Zone Development Agency Experience in Fast tracking Target Industries I understand that the EDZA is considering a "fast- tracking" incentive for businesses in the Enterprise Zone and wants to know how effective fast tracking (expedited permitting) has been in relation to target industries. Fast tracking in general In recent years, the county has adopted policies to "fast- track" (expedite) various types of development plan approvals (e.g. site plans) and permit applications (e.g. stormwater permits, right -of -way permits, building permits). Currently, the county expedites applications related to affordable housing and target industries. After the 2004 hurricanes, the county prioritized and expedited applications and permits for repairs, temporary housing, and installation of generators. It appears that, in the future, the county will consider fast tracking "green building" and "green development" projects. Any time one type of application is prioritized, other applications are necessarily delayed. Consequently, fast tracking needs to be limited to focus only on priority items. Fast tracking target industry applications Fast tracking targeted industries has relied on an "inside /outside" approach to identify qualified projects and shepherd them through development approval and permitting processes. On the "inside" (within the county organization) planning staff takes the lead to: Identify potential target industry development proposals. Offer fast tracking to potential clients early in the process. Prioritize scheduling pre application conferences, TRC reviews, Planning Zoning Commission and Board of County Commissioner reviews (when applicable). Coordinate with other departments and agencies to help resolve issues and ensure that other departments and agencies prioritize reviews and approvals of various permits (stormwater, right -of -way, building) On the "outside staff relies on and coordinates with the Chamber of Commerce's economic development director (currently Helene Caseltine) to introduce potential clients to staff and assist clients throughout the process. This coordination is on -going and essential. cc: Bob Keating, AICP Sasan Rohani, AICP John W. McCoy, AICP Bill Schutt F:1Comnaniy Development U ed rnev\STAN\2007{£nterpr ctarga;ndustric tc Examples Novurania (boat manufacturing) 1998/1999 Macho Products expansion (manufacturing) 2000 Syngenta expansion (research and development) 2002/2003 CVS Distribution Center 2004/2005 IRMH Open Heart Surgery expansion 2005/2006 M. C. Miller Enterprises (research, headquarters) relocation Current Note: Staff meets with potential applicants and offers fast tracking for projects that do not materialize. Those efforts are not reflected in the examples above. The process of fast tracking target industries starts with planning staff identifying potential clients who first contact staff informally, file site plan applications, or are introduced to staff by the Chamber. Staff has found that, when applicants use skilled and responsive design professionals (engineers, architects), the development plan and permit process is significantly quicker and results in a better end product (development). Each project is unique in scope and complexity. Consequently, staff has not calculated a "standard" expedited timeframe. Staff has found that fast tracking is effective in prioritizing county reviews and cutting days off normal county staff review and response times at various stages in the site plan and permitting processes. Overall, fast tracking efforts have saved any where from several days to a few weeks in approval time. Irrespective of county staff review timeframes, the quality and responsiveness of an applicant's design professional is, in staff's opinion, a bigger factor in obtaining quick approvals. INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Joseph A Baird; County Administrator DEPARTMENT HEAD CONCURRENCE: Robert M. Keating, AICP; Community Development Director FROM: Stan Boling, AICP; Planning Director DATE: May 8, 2009 PUBLIC HEARING LDR A,JIEND\IENT (LEGISLATIVE] SUBJECT: Consideration of Proposed Amendments Providing for Temporary Suspension of Compliance with Regulations Not Directly Related to Public Safety: Land Development Regulations Chapter 902 It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of May 19, 2009. BACKGROUND In response to local economic challenges, the Board of County Commissioners (Board) held an "economic summit" public workshop in February and has since launched several initiatives to stimulate and sustain local economic activity. One group of initiatives relates to changing development regulations. By emergency ordinance, the Board recently adopted changes that extended site plan approval timeframes from 12 months to 24 months and eased subdivision security posting requirements. The Board also approved an ordinance that temporarily suspends several impact fees for the six month period from April 1— September 30. Finally, the Board directed staff to initiate an LDR amendment that will allow businesses to use changeable copy and electronic message signs within special corridors. In addition to those initiatives, the Board has directed staff to initiate an LDR amendment intended to speed up the certificate of occupancy (C.O.) process for development projects. The intent of that amendment is to allow CO's to be issued for projects that are substantially complete, but have minor "punchlist" deficiencies not directly related to public safety that can be quickly corrected or mitigated by the developer after the C.O. is issued. The Board's intent is to allow businesses to get into operation more quickly than under the current C.O. process. To implement the amendment concept described above, staff drafted the attached ordinance. At this time, the Board is to consider the proposed amendments and is to adopt, adopt with changes, or reject the proposed amendments. PSAC Recommendation At its meeting of March 19, 2009, the Professional Services Advisory Committee (PSAC) voted 8 -0 to recommend that the Board adopt the proposed amendments with a change to add certificates of completion for subdivisions and planned developments to the temporary suspension provision. Consistent with the PSA and Settings\smaio.SEBASTIAN\Local Settings \Temporary Internet Files \OLKF3 \Consideration of 902 BOA BCC.rtf PZC Recommendation recommendation, staff has added these provisions to the proposed ordinance. At its meeting of April 23, 2009, the PZC voted 7 -0 to recommend that the Board adopt the proposed amendments with changes (see attachment #2). Those changes include setting time limits on processing temporary suspension requests, ensuring that home buyers will not be punished if a developer fails to correct a deficiency in a timely manner, and giving the community development director or his designee the authority to grant temporary suspension requests. Staff has incorporated the PZC's recommended changes into the proposed ordinance with one modification. That modification is to give the authority to grant suspension requests to the county administrator or his designee, rather than to the community development director or his designee. ANALYSIS The C.O. Process Currently, Indian River County's C.O. process for development (e.g. site plan) projects is typical of the C.O. process of most local governments. Generally, the process involves completion of a building in accordance with applicable building codes and consistent with the project's building permit. In addition, the process involves completion of site work (e.g. drainage, parking, landscaping) in accordance with applicable LDRs (land development regulations) and consistent with the approved site plan. Prior to issuance of a C.O., project construction must pass final building and site work inspections. Building inspections and site work inspections may occur simultaneously; however, it is typical for buildings to be "finaled" before site work is completed. Thus, site work is almost always the last part of a project to be 100% complete. Under the current process, the C.O. is the last point in time for the county to ensure that a project is in 100% compliance with all applicable development regulations. Under the current system, withholding issuance of a C.O. is the county's "big stick" to ensure 100% compliance. As structured, the proposed ordinance does not affect the "building side" of the current C.O. process. In fact, the proposed ordinance specifically prohibits granting a temporary suspension of compliance with unresolved building code or fire code items. The proposed ordinance, however, does address the "site work side" of the C.O. process. Currently, that part of the C.O. process involves the following general steps: 1. The developer completes site construction consistent with the approved site plan (Note: it is not unusual for developers to obtain minor modifications to approved site plans, even after construction has commenced. Such minor site plan modifications are approved at a staff level.). 2. The project engineer or architect submits to planning staff a written certification that the project is complete and is in substantial conformance with the approved site plan. (Note: some minor development projects may not involve an engineer or architect, in which case project completion is certified by the applicant). 3. The project landscape architect or landscape contractor submits a written certification to planning staff that he has inspected the landscaping and that all required landscaping is Florida No. 1 or better. (Note: Florida No. 1 is a landscape quality standard, defined by the state with objective criteria, that is C:\Documents and Settings\smaio.SEBASTIANU.ocal Settings \Temporary Internet Files \OLKF3 \Consideration of 902 BOA BCC.rtf 2 commonly required in local government landscape ordinances, including Indian River County's ordinance). 4. Upon receiving the two written certifications described above, planning staff creates a C.O. request in the county's computer system and contacts the following departments to inspect the project site work: Code Enforcement/Current Development Fire Department/Fire Prevention Engineering Traffic Engineering Utilities Department of Health/Environmental Health (inspects certain projects) 5. Each department then makes its own inspection, creates a "punchlist" of deficiencies, and provides its punchlist items directly to the developer. (Note: to speed communication during the C.O. process, departments may provide punchlist comments verbally or by e -mail) 6. The developer resolves each item on each department's punchlist. When a department's punchlist items are resolved, that department signs -off on the C.O. request. 7. When every department has signed -off on the C.O. request, Building issues the C.O. if the project building has passed its final building inspection. The Certificate of Completion Process While a certificate of completion (C.C.) is similar to a C.O., a C.C. applies strictly to completion of required subdivision improvements such as roads, utilities, drainage and stormwater management infrastructure, and buffers. Consequently, the certificate of completion process applies only to subdivisions and planned developments (PDs). Generally, the C.C. process is managed by engineering staff and follows the same general steps as the C.O. process, including certification of substantial completion by the project engineer and landscape contractor, inspection by various departments, and resolution of punchlist items. Under county regulations, a delay in obtaining a certificate of completion could delay final plat approval, lot sales, issuance of building permits, and even CO's for residential units (PDs only). Proposed Changes During its discussion of the temporary suspension of compliance concept, the Board indicated that C.O.'s should not be issued if there are any unresolved building code, fire code, or public safety punchlist items. The Board also indicated that C.O.'s should be issuable if minor, easy to correct items, such as insignificant landscape discrepancies, can be resolved by the developer within a short time after C.O. issuance. In addition, the Board also indicated that temporary suspension requests should be handled first by the county administrator, with an appeal or referral mechanism to the Board of Adjustment. The Board of Adjustment currently handles variances and rarely meets. Structured to apply to the C.O. and C.C. process, the proposed regulations: Describe and provide the intent of a "temporary suspension of compliance C:\Documents and Settings\smaio.SEBASTIAN\Local Settings \Temporary Internet Files \OLKF3 \Consideration of 902 BOA BCC.rtf 3 Authorize the county administrator or his designee and the Board of Adjustment to grant temporary suspensions of compliance. Establish criteria for granting a temporary suspension of compliance. Provide developers an opportunity to appeal county administrator decisions on temporary suspensions to the Board of Adjustment. Provide the county administrator or his designee the opportunity to refer a temporary suspension request to the Board of Adjustment. Establish a 2 business day timeframe for the county administrator or his designee to act on a temporary suspension request. Establish requirements for handling an appeal or referral, including a 12 business day timeframe for conducting a Board of Adjustment hearing, and for providing notice of a Board of Adjustment hearing to owners of property adjacent to a development project site. Prohibit granting a temporary suspension of compliance for building code, fire code, or other item directly related to public safety. The heart of the proposed ordinance is the criteria for reviewing and enforcing temporary suspensions. Under the proposed criteria, the developer is required to have the project certified complete and in substantial conformance with the approved project site plan, and have the landscaping certified as Florida No. 1 or better. In staff's opinion, these criteria are vital to ensuring that the project developer, design professional, and landscape designer or contractor verify that a good faith effort has been made to properly complete the project. These criteria will ensure that no major or safety- related punchlist items will be an issue during the C.O. inspection process. The remaining criteria will ensure that: The developer's request for temporary suspension is submitted in writing, refers to specific punchlist items, and is acted upon is a timely manner. The county administrator has authority and flexibility to appoint a designee to handle some or all temporary suspension requests. Deficiencies are corrected or mitigated within 90 days of C.O. or C.C. Corrective actions or mitigation that will bring the project into compliance upon completion are specified. The project developer and owner agree to the suspension timeframe and obligations to correct or mitigate deficiencies. Failure to correct or mitigate deficiencies within the suspension timeframe results in code enforcement action and results in a "hold" placed on any future building permits or C.O.'s associated with the project site until the violation is corrected. An exception is provided whereby a residential unit in a C:\Documents and Settings\smaio.SEBASTIAN\Local Settings \Temporary Internet Files \OLKF3 \Consideration of 902 BOA BCC.rtf 4 Indian River Co, Approved Date Admin. Legal Budget Dept. Risk Mgr. subdivision or PD could be C.O.'d if security that guarantees correction of a violation related to a temporary suspension approval is posted. This posting of security provision is an option designed to allow residents to move into units if all project safety- related issues are adequately addressed. This last criterion is intended to ensure compliance with suspension conditions without requiring up -front security, relying instead on initiating code enforcement action and withholding future permits and CO's. In staff's opinion, requiring up -front security would add time and cost burdens that would defeat the purpose of the temporary suspension provisions. With a mandatory bonding -out requirement, a developer would have to provide an estimate of corrective action/mitigation work; staff would need to review and approve the estimate; the developer would be required to post security, and the county would be obligated to manage completion of the project in the event of a developer default. In staff's opinion, such burdens would slow -down rather than speed -up the C.O. and C.C. processes and could shift construction/project management burdens onto the county. It is also staff's opinion that, if the proposed ordinance is adopted and the county experiences difficulty in getting developers to comply with suspension requirements in a timely manner, then the county will need to revisit the suspension provision and either strengthen compliance requirements or repeal the provision altogether. Additional Consideration Currently, the PSAC is considering another LDR amendment that goes above and beyond the temporary suspension ordinance now under consideration. The additional amendment being considered would broaden the Board of Adjustment's authority, allowing that Board to waive or approve alternative development requirements on a case -by -case basis with criteria less stringent than existing variance criteria. The PSAC considered this additional change at its April 16, 2009 meeting and will again consider the amendment at its May 2009 meeting. RECOMMENDATION: Staff recommends that the BCC adopt the proposed LDR amendments related to granting temporary suspensions of compliance with regulations not directly related to public safety for certificates of occupancy (C.O.$) and certificates of completion (C.C.$). ATTACHMENT: 1. Draft Minutes from the March 19, 2009 PSAC Meeting 2. Draft Minutes from the April 23, 2009 PZC Meeting 3. Proposed Ordinance 4. Project C.O. Certification Requirements: LDR Sections 914.12 and 926.12 5. Project Certificate of Completion (C.C.) Requirements: LDR Section 913.07(5)(I) APPROVED AGENDA ITEM: FOR: BY: C:\Documents and Settings\smaio.SEBASTIAN\Local Settings \Temporary Internet Files \OLKF3 \Consideration of 902 BOA BCC.rtf 5 9y SECTION #1: SECTION #2: 2009- AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA CONCERNING AN AMENDMENT TO ITS LAND DEVELOPMENT REGULATIONS (LDR); PROVIDING FOR AMENDMENTS TO CHAPTER 902, ADMINISTRATIVE MECHANISMS, BY AMENDING THE ROLE OF BOARD OF ADJUSTMENT SECTION 902.08; BY AMENDING THE VARIANCES SECTION 902.09; AND BY PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS; CODIFICATION; SEVERABILITY; AND EFFECTIVE DATE. BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA THAT THE INDIAN RIVER COUNTY LAND DEVELOPMENT REGULATIONS (LDRS) BE AMENDED AS FOLLOWS: Amend LDR section 902.08, Role of board of adjustment, to read as follows: (1) The board of adjustment shall receive and consider applications for variances and temporary suspensions of compliance from the terms of the county's land development regulations and shall grant such variances and temporary suspensions as will not be contrary to the public interest, pursuant to the procedures and requirements of the variance section of the land development regulations, section 902.09. (2) The board shall have and exercise the powers specified in F.S. 333.10, relating to airport zoning regulations, under rules consistent with said section and with the Code of Indian River County. (Ord. No. 90 -16, 1, 9- 11 -90; Ord. No. 92 -11, 16, 4- 22 -92) Amend LDR section 902.09, Variances, to read as follows: (1) Purpose and intent. This section is established to provide procedures for reviewing variances and temporary suspensions of compliance (including appeals and referrals) by the board of adjustment and staff. A variance runs with the land and is a departure from the dimensional or numerical or other technical requirements of the land development regulations where such variance will not be contrary to the public interest and where, owing to conditions peculiar to the property and not the result of the actions of the applicant or his predecessors in title, a literal enforcement of the land development regulations would result in an unnecessary and undue hardship. A temporary suspension of compliance is of limited duration, pertains to regulations not directly related to public safety, and is intended to provide site plan, planned development, and subdivision project applicants an opportunity to obtain a certificate of occupancy or certificate of completion with a condition that minor deficiencies are corrected within a specified and limited timeframe. (2) Approving authority. The board of adjustment is hereby authorized to grant variances and temporary suspensions of compliance in accordance with the provisions of this section and ean may attach conditions to variances and temporary suspensions of compliance granted. In addition, the community development director or his designee is authorized to grant de- minimus setback variances, and the county administrator or his designee is authorized to grant temporary suspensions of compliance, in accordance with the provisions of this section. Bold Underline: Additions to Ordinance Strike-t#treeghi Deleted Text from Existing Ordinance C:\Documents and Settings\smaio.SEBASTIAN\Local Settings \Temporary Internet Files \OLKF3\902 BOA (BCC verison).RTF (3) Type of variance and temporary suspension of compliance to be allowed. The board of adjustment and staff shall have the authority to grant the following variances and temporary suspensions of compliance: 2009- (a) A variance from the yard area requirements of any zoning district where there are unusual and practical difficulties in carrying out these provisions due to an irregular shape of the lot, topography, or other conditions, provided such variation will not seriously impact any adjoining property or the general welfare. (b) Other technical variances that occur when an owner or authorized agent can show that a strict application of the terms of the land development regulations relating to the use of the land will impose unusual and unique difficulties, but not loss of monetary value alone. (c) De- minimus setback variance. A de- minimus setback variance can may be granted automatically at the staff level by the community development director or his designee as authorized in section 902.11(8) of this ordinance, under certain circumstances, without board of adjustment approval. This applies in the following circumstances where the setback variance: 1. Is for a structure properly permitted where no form -board survey was required; 2. Is for 0.5 feet or less from the setback required at the time the structure was constructed or erected on the site; and 3. Is from property line(s) which have not been altered so as to cause or increase the nonconformity. (d) Temporary suspension of compliance. A temporary suspension of compliance with land development regulations not directly related to public safety may be granted by the county administrator or his designee, without board of adjustment approval, under the following circumstances. 1. The development project is certified by the project design professional or owner /designer to be complete and in substantial conformance with the approved development plan in accordance with site plan ordinance section 914.12(3)(a) and (b) or subdivision ordinance section 913.07(5)(I), whichever is applicable, and required landscaping is certified by a landscape architect or landscape contractor as Florida No. 1 or better in accordance with landscape ordinance section 926.12(1)(a). 2. The development project has been inspected by county staff, a "punchlist" of discrepancies has been issued, and the project developer has provided staff a written request specifying the discrepancies he or she wishes to be temporarily suspended. 3. The project deficiencies that are the subject of the suspension request are found to be minor in nature and extent, and are found to be correctable within a timeframe not to exceed 90 days. Bold Underline: Additions to Ordinance Strike- tkreegl}: Deleted Text from Existing Ordinance C:\Documents and Settings\smaio.SEBASTIAN\Local Settings \Temporary Internet Files \OLKF3\902 BOA (BCC verison).RTF 2 2009- 4. The suspension timeframe is specified in writing and does not exceed 90 days from the date of the suspension. 5. The corrective action(s) is specified in writing and found to be sufficient to bring the development project into compliance upon completion. 6. The project developer and owner agree to the specified suspension timeframe and the obligation to complete the specified corrective action(s) within the specified timeframe. In the event that the specified corrective action(s) is not completed prior to the end of the specified suspension timeframe, the project owner shall be deemed in violation of the land development regulations and subject to code enforcement action. In addition, the county shall withhold issuance of any future development order, building permit, certificate of completion, or certificate of occupancy associated with the project site unless and until the violation is corrected. Notwithstanding the above, a certificate of occupancy may be issued for a residential unit within a subdivision project site deemed to be in violation if security is posted with the county that guarantees correction of the violation. For purposes of these regulations, the subdivision project site shall mean the development area that is the subject of the certificate of completion. The county administrator or his designee shall act on any temporary suspension request within 2 business days of receiving the request. For each temporary suspension of compliance determination and each decision of the board of adjustment on appeals and referrals, staff shall provide notice of such action in writing to the project owner, project developer, Board of County Commissioners, and board of adjustment. Each suspension determination shall specify the maximum duration of the suspension, required mitigation and /or corrective action(s), and any condition(s) attached to the suspension. The project owner or project developer may appeal a county administrator's decision to the board of adjustment. In addition, the county administrator may refer a request to the board of adjustment. Such appeal or referral shall be made in writing to the chairman of the board of adjustment with a copy provided to the county administrator, project developer, project owner, and Board of County Commissioners. Upon receipt of an appeal or referral, the chairman shall call a meeting of the board of adjustment as soon as practicable to conduct a hearing on the suspension request. The hearing shall be held no more than 12 business days after receipt of the appeal or referral. At the hearing, the board of adjustment may approve a temporary suspension request if it finds that all temporary suspension criteria provided above are satisfied. In addition, the board of adjustment is authorized to attach conditions to any temporary suspension request approval. At least seven (7) days prior to the hearing, written notice of the hearing shall be mailed to each owner of property adjacent to the development project site. The notice shall contain the name of the applicant, a description of the appeal/temporary Bold Underline: Additions to Ordinance She through: Deleted Text from Existing Ordinance C:\Documents and Settings\smaio.SEBASTIAN\Loca1 Settings \Temporary Internet Files \OLKF3\902 BOA (BCC verison).RTF 2009- suspension request and development project location, as well as the date, time, and place of the hearing. Each appeal shall be accompanied with a fee established by resolution of the Board of County Commissioners. (4) When variances and temporary suspensions are not allowed. (a) No variance shall be granted which would permit the establishment or expansion of a use in a zone or district in which such use is not permitted by these land development regulations, or any use expressly or by implication prohibited by the terms of these land development regulations for said district. (b) No variances shall be granted which would permit the establishment or expansion of a special exception use in any zoning district without the approval required in the special exception section, and including specific land use criteria. (c) No variance shall be granted which would permit the establishment or expansion of a use requiring an administrative permit in any zoning district without the approval required in the administrative permit section, and including specific land use criteria. (d) No variance shall be granted which relates in any way to a nonconforming use, except as allowed in the nonconformities section. (e) No variance shall be granted which modifies any definitions contained within these land development regulations. (f) No variance shall be granted which would in any way result in any increase in density above that permitted in the applicable zoning district regulations. (g) No temporary suspension of compliance shall be granted for building code or fire code items, or other items directly related to public safety. (5) Procedures for variances. (a) Any property owner may apply for a variance after a decision by the community development director that an existing property condition or a development proposal of such property owner does not comply with the provisions of these land development regulations. (b) The applicant must file an application for a variance along with the appropriate fee payable to Indian River County with the planning division. The application shall be in a form approved by the community development director and shall contain the following information: 1. Identification of the specific provisions of these land development regulations from which a variance is sought. 2. The nature and extent of the variance sought; an explanation why it is necessary; and the basis for the variance under section 902.09(3)(a) or (b). Bold Underline: Additions to Ordinance Stye through: Deleted Text from Existing Ordinance C:\Documents and Settings\smaio.SEBASTIAN\Local Settings \Temporary Internet Files \OLKF3\902 BOA (BCC verison).RTF 4 2009- 3. The grounds relied upon to justify the proposed variance. 4. A legal description of the property, a copy of the warranty deed for the property, and a detailed plot plan of the property. (c) On all proceedings held before the board of adjustment, the staff of the planning division shall review the application and file a recommendation on each item. Such recommendation shall be transmitted to the board of adjustment prior to final action on any item before the board of adjustment, and shall be part of the record of the application. (d) Notice of the variance, in writing, shall be mailed by the planning division to the owners of all land which abuts the property upon which a variance is sought, at least seven (7) days prior to the hearing. The property appraiser's address for said owners shall be used in sending all such notices. The notice shall contain the name of the applicant for the variance, a description of the land sufficient to identify it, a description of the variance requested, as well as the date, time and place of the hearing. (6) Review by the board of adjustment. (a) In order to authorize any variance from the terms of these land development regulations, the board of adjustment shall determine that the application for variance is complete, that the public hearing has been held with the required notice and that the opportunity has been given for the aggrieved parties to appear and be heard in person or be represented by an attorney at law, or other authorized representatives. The board of adjustment shall also find that all of the following facts exist before granting a variance: 1. That special conditions and circumstances exist which are peculiar to the land, structure, or building involved, and which are not applicable to other lands, structures, or buildings in the same zoning district. 2. That the special conditions and circumstances do not result from the actions of the applicant or illegal acts of previous property owners. 3. That granting the variance requested will not confer on the applicant any special privilege that is denied by the regulation to other lands, buildings, or structures in the same zoning district. 4. That literal interpretation of the provisions of the regulations would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district under the terms of the regulations and would constitute an unnecessary and undue hardship upon the applicant. 5. That the variance granted is the minimum necessary in order to make possible the reasonable use of the land, building, or structure. 6. That the granting of the variance will be in harmony with the general purpose and intent of the land development regulations, and the Indian River Coun Comprehensive Plan. Bold Underline: Additions to Ordinance Deleted Text from Existing Ordinance C:\Documents and Settings\smaio.SEBASTIAN\Local Settings \Temporary Internet Files \OLKF3 \902 BOA (BCC verison).RTF 2009- 7. That such variance will not be injurious to the surrounding area or otherwise be detrimental to public welfare. 8. That the property cannot be put to a reasonable use in a manner which fully complies with the requirements of these land development regulations. (b) The following regulations also apply to the authorization of a variance: 1. No nonconforming use of neighboring lands, structures, or buildings in the same zoning district and non permitted use of lands, structures, or buildings in other zoning districts shall be considered grounds for the authorization of a variance. 2. No application or request may be reheard or reconsidered unless otherwise directed by a court of competent jurisdiction, or unless new circumstances or information can be presented with a new application. (c) In granting any variance, the board of adjustment may make the authorization of the variance conditional upon such alternate and additional restrictions, stipulations and safeguards as it may deem necessary to ensure compliance with the purpose and intent of this chapter and consistency with the Indian River County Comprehensive Plan. Violation of such conditions, when made a part of the terms under which the variance is granted, shall be deemed a violation of this chapter. Such conditions restrictions, stipulations, and safeguards may include, but are not limited to, time within which the action for which the variance is sought shall be begun or completed or both; the establishment of screening and/or buffering techniques; and provision for extensions or renewals. (7) Decision. The board of adjustment shall approve, approve with conditions, or deny the application, furnishing the applicant a written statement of the reasons for any denial. (Ord. No. 90 -16, 1, 9- 11 -90) SECTION #3: SEVERABILITY. If any clause, section or provision of this Ordinance shall be declared by a court of competent jurisdiction to be unconstitutional or invalid for any cause or reason, the same shall be eliminated from this Ordinance and the remaining portion of this Ordinance shall be in full force and effect and be as valid as if such invalid portion thereof had not been incorporated therein. SECTION #4: REPEAL OF CONFLICTING ORDINANCES. The provisions of any other Indian River County ordinance that are inconsistent or in conflict with the provisions of this Ordinance are repealed to the extent of such inconsistency or conflict. SECTION #5: INCLUSION IN THE CODE OF LAWS AND ORDINANCES. The provisions of this Ordinance shall become and be made a part of the Code of Laws and Ordinances of Indian River County, Florida. The sections of the Ordinance may be renumbered or relettered to B old Underline: Additions to Ordinance Stfike-through÷ Deleted Text from Existing Ordinance C:\Documents and Settings\smaio.SEBASTIAN\Local Settings \Temporary Internet Files \OLKF3 \902 BOA (BCC verison).RTF 6 2009- accomplish such, and the word "ordinance" may be changed to "section "article or any other appropriate word. SECTION #6: EFFECTIVE DATE. This Ordinance shall take effect upon filing with the Department of State. Approved and adopted by the Board of County Commissioners of Indian River County, Florida, on this day of 2009. This ordinance was advertised in the Press Journal on the day of 2009, for a public hearing to be held on the day of 2009, at which time it was moved for adoption by Commissioner seconded by Commissioner and adopted by the following vote: Chairman Wesley S. Davis Vice Chairman Joseph E. Flescher Commissioner Gary C. Wheeler Commissioner Peter D. O'Bryan Commissioner Bob Solari BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY BY: ATTEST BY: Wesley S. Davis, Chairman This ordinance was filed with the Department of State on the following date: APPROVED AS TO FORM AND LEGAL SUFFICIENCY William G. Collins II, County Attorney APPROVED AS TO PLANNING MATTERS Robert M. Keating, AICP; Community Development Director Jeffrey K. Barton, Clerk Bold Underline: Additions to Ordinance Strike- threugh: Deleted Text from Existing Ordinance C:\Documents and Settings\smaio.SEBASTIAN\Local Settings \Temporary Internet Files \OLKF3 \902 BOA (BCC verison).RTF �o Z