§ 70-132. Findings.

The Board of County Commissioners of Sarasota County, Florida (hereinafter "Board") hereby finds and declares that:

(1)

The Economy Element of the Sarasota County Comprehensive Plan states that it is vitally important for County government to continue "… to be a positive force in balancing and diversifying Sarasota's economic base."

(2)

Goal 1 of the Economy Element states: "It shall be the Goal of Sarasota County to achieve a diversified and stable economy that is compatible with planned growth and quality of life objectives and that provides maximum legitimate employment opportunities for all segments of the Sarasota County population."

(3)

The Economy Element includes Objective 1.3, which states: "Achieve a diversified economic base in Sarasota County to minimize the vulnerability of the local economy to economic fluctuations."

(4)

The mission statement of the Sarasota County Economic Development Plan is stated as: "To enhance the quality of life in Sarasota County by coordinating and supporting economic development initiatives which will diversify the economy, increase the Average Wage and preserve the natural environment."

(5)

Goals in the Sarasota County Economic Development Plan include:

a.

Goal 1: "Attract new value-added business and industry."

b.

Goal 2: "Assist existing business and industry to expand and encourage local entrepreneurial development initiatives."

(6)

By encouraging economic development in Sarasota County through the road impact fee mitigation program, the Board is furthering the goals, objectives and policies of the Sarasota County Economic Development Plan and the Sarasota County Comprehensive Plan and improving the quality of life in Sarasota County through the realization of those goals, objectives and policies.

(7)

The Board has, through the adoption of Ordinance No. 89-97, as amended (Chapter 70, Article III, of this Code), established a road impact fee system for the provision of County road facilities to provide additional road capacity which is attributable to the demand generated by new growth. The Board has considered testimony from the Sarasota Chamber of Commerce and other interested parties that the County's road impact fee system may discourage the location or expansion of commercial and industrial development within Sarasota County.

(8)

The Board has considered its responsibility for the planning, building and maintaining of County roads as well as the goals and objectives presented in the Sarasota County Comprehensive Plan and the Sarasota County Economic Development Plan and has determined that a program to encourage the expansion and attraction of certain businesses and industry through road impact fee mitigation is necessary and will primarily benefit the residents of Sarasota County.

(9)

The Board acknowledges that the provision of County road facilities funded by road impact fees must not be impeded by the establishment of the road impact fee mitigation program and that the County must pay any mitigated amounts into the appropriate road impact fee fund.

(10)

The road impact fee mitigation program established in this article will encourage and attract development that will provide substantial public benefit by, including but not limited to: diversifying the local economy, providing additional employment opportunities within Sarasota County, providing quality employment opportunities within the County, and strengthening the local economy through the export of goods and services to regional, national and/or international markets. Any incidental benefit to private persons, corporations, associations or partnerships that may result from the road impact fee mitigation program is insignificant compared to the broad, significant public benefits of the mitigation program. The Board has determined that the mitigation program established in this article is necessary and will primarily benefit the public health, safety and welfare of Sarasota County.

(11)

The Board, sitting as the Land Development Regulation Commission, has re-

(12)

It is the intent of the Board to maintain the integrity of the road impact fee program and as such allow the mitigation program to take full advantage of the significant investment in upgrading the County's road system from newly instituted funding sources that are addressing factors beyond those funding levels covered by road impact fee collections.

(13)

The Board has determined that the proposed amendments to the road impact fee mitigation ordinance, as codified, preserve and enhance the rational nexus between the funding of increased road capacity and the need to encourage the expansion and attraction of certain businesses and industries through road impact fee mitigation and that such newly instituted road improvement funds shall be considered an alternate source of revenue for maintaining the fiscal integrity of the impact fee program.

(Ord. No. 95-054, § 2, 6-20-1995; Ord. No. 2001-038, § 2, 5-23-2001)