Clay County: Business Impact Estimate

Clay County: Business Impact Estimate

Proposed Ordinance's Title

AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF CLAY COUNTY, FLORIDA, AMENDING ARTICLE VI OF CHAPTER 16 OF THE CLAY COUNTY CODE, MOBILITY FEE, BEING THE CODIFICATION OF CLAY COUNTY ORDINANCE NO 2020-39, AS AMENDED, TO AMEND SECTION 1.01, DEFINITIONS, TO ADD DEFINITIONS FOR EXTREMELY LOW INCOME PERSONS AND INCOME LIMITS AND TO AMEND THE DEFINITIONS OF AFFORDABLE HOUSING, MODERATE INCOME PERSONS AND WORKFORCE HOUSING; TO AMEND SECTION 1.03, FINDINGS, TO AMEND THE DATE OF THE MOBILITY FEE STUDY, THE PARAMETERS OF THE MODELING USED, AND PROVISIONS CONCERNING AFFORDABLE AND WORKFORCE HOUSING; TO AMEND SECTION 1.04, ADOPTION OF MOBILITY FEE STUDY, TO AMEND THE DATE OF THE MOBILITY FEE STUDY; TO AMEND SECTION 2.02, CALCULATION OF MOBILITY FEE, TO ADD A REFERENCE TO PRIOR ORDINANCE IN SUBSECTION A; TO AMEND SECTION 2.03, ALTERNATIVE MOBILITY FEE CALCULATION, TO AMEND THE PARAMETERS CONCERNING THE USE OF TRAFFIC STUDIES; TO AMEND SECTION 2.05, USE OF MOBILITY FEE PROCEEDS, TO CHANGE ALL REFERENCES FROM TRUST ACCOUNT TO TRUST FUND; TO AMEND THE ENTIRETY OF SECTION 3.01, EXEMPTIONS, INCLUDING AMENDING PROVISIONS RELATED TO REPLACEMENT DWELLING UNITS, MOBILE HOMES, ACCESSORY BUILDINGS OR STRUCTURES, GOVERNMENT BUILDINGS OR FACILITIES, AND SCHOOLS; TO AMEND THE ENTIRETY OF SECTION 3.02, AFFORDABLE AND WORKFORCE HOUSING MOBILITY FEE DEFERRAL, INCLUDING ADDITION OF EXTREMELY LOW INCOME PERSONS AND ELIMINATION OF MODERATE INCOME PERSONS AND ELIMINATION OF THE PURCHASE PRICE LIMIT; TO AMEND THE ENTIRETY OF SECTION 3.03, ECONOMIC DEVELOPMENT MITIGATION PROGRAM, TO CLARIFY AND REVAMP THE PROGRAM AND TO ADD PROJECTS OF SIGNIFICANT ECONOMIC OR COMMUNITY IMPACT; TO AMEND THE ENTIRETY OF SECTION 3.04, CHANGES IN SIZE AND USE, TO REVISE THE PROCEDURES FOR CALCULATING FEES DUE TO SUCH CHANGES; TO AMEND SECTION 3.05, DEVELOPER CONTRIBUTION CREDIT, SUBSECTIONS A THROUGH L, TO REVISE THE PROCEDURES FOR CALCULATING CREDITS; TO AMEND SECTION 3.06, APPLICABILITY, TO AMEND THE EFFECTIVE DATE; TO AMEND THE ENTIRETY OF SECTION 3.10, PERIODIC MOBILITY FEE RATE ADJUSTMENT; TO AMEND SECTION 3.12, ACCOUNTING AND REPORTING OF MOBILITY FEE, TO CHANGE ALL REFERENCES FROM TRUST ACCOUNT TO TRUST FUND; TO AMEND SECTION 3.14, SUNSET OF CLAY COUNTY ORDINANCE 2017-30, AS AMENDED (ROAD IMPACT FEE ORDINANCE), TO ADD A REFERENCE TO PRIOR ORDINANCE; TO AMEND SECTION 3.16, EFFECTIVE DATE, TO AMEND THE EFFECTIVE DATE OF THE ORDINANCE; TO AMEND APPENDICES A, B AND C OF THE ORDINANCE; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE.

This Business Impact Estimate is provided in accordance with Section 125.66 (3), Florida Statutes.

1. A summary of the proposed ordinance, including a statement of the public purpose to be served by the proposed ordinance, such as serving the public health, safety, morals, and welfare of the County

The proposed ordinance is to amend the Clay County Mobility Fee Ordinance which was adopted on October 27, 2020. The purpose of Mobility Fees is for new growth in the County to assist in mitigating its impacts by paying its fair share of the costs of the mobility improvements necessary to support the new growth. Periodic reexamination of the Mobility Fees is required to ensure that the fees are based on a study using the most recent and localized data within the County. In accordance with Section 163.31801, Florida Statutes, this proposed Ordinance is to adopt a new Mobility Fee study and update the Mobility Fee rates in accordance with the study.

2. An estimate of the direct economic impact of the proposed ordinance on private, for-profit businesses in the County, including the following, if any

a. An estimate of direct compliance costs that businesses may reasonably incur if the ordinance is enacted

The County adopted its current Mobility Fee study and began collecting Mobility Fees on new construction in the County in 2020. Mobility Fees are collected based on the type of new construction (e.g., office, retail, restaurant, etc.), the size of the new construction, and the location of the new construction within the County's five Mobility Fee districts.

b. Identification of any new charge or fee on businesses subject to the proposed ordinance or for which businesses will be financially responsible

This Ordinance does not propose any new fee for which businesses will be financially responsible because new construction in the County has been subject to Mobility Fees since 2020. The Ordinance instead adopts a new study to support changes to the Mobility Fees, which are generally increased from the previous fees due to increases in construction costs of mobility improvements; however, in no instance will the Mobility Fees be increased more than 50% above the current Mobility Fees, in accordance with state statute.

c. An estimate of the County's regulatory costs, including an estimate of revenues from any new charges or fees that will be imposed on businesses to cover such costs

The County collects up to 3% of all Mobility Fees received or the actual costs of administration, collection, and the periodic review of the Fees, whichever is less. The projected revenues from the revised Mobility Fees are wholly dependent on the number of building permits issued for new construction in each of the five Mobility Fee districts in the County.

3. A good faith estimate of the number of businesses likely to be impacted by the ordinance

The proposed ordinance would impact any business that seeks to obtain a building permit for new construction within the County. Study data indicates that in the next 20 years, the number of households in the County is projected to increase 61% from 73,885 to 118,934; and the number of individuals employed in the County is projected to increase 114%, from 52,098 to 109,415. Significant residential and non-residential new construction will be required to support these population increases and the mobility infrastructure necessary to facilitate movement within the County. The businesses, land owners, builders, and developers producing this new construction will be subject to the revised Mobility Fees.

4. Any additional information the board determines may be useful

N/A