ECONOMIC DEVELOPMENT INCENTIVES
The following text has been reproduced from Chapter 20 of the City Land Development Code.
Section 1: Purpose and Intent.
All of the city’s economic development related incentives are described or at
least referenced within this Chapter. The purpose behind the incentives is to
accomplish the following within the city: promote positive forms of new
development and redevelopment; reward the creation and retainment of value-added
jobs; attract targeted businesses; revitalize the Port Orange Town Center and
Eastport Business Center redevelopment areas; increase the non-residential
tax-base; and foster a diverse employment base within the city.
This Chapter is not intended to remain static. It is anticipated that the incentives
listed herein will be amended from time to time to improve upon their focus,
delivery and impact.
Section 2: Overview of Available City Incentives
(a) Reduced development requirements on Ridgewood. To encourage investment along the
city’s original main street, a series of reduced development requirements have been established for all properties
zoned Ridgewood Development (RD). The reduced development requirements are located throughout this code as follows:
(1) Chapter 12, Section 6 (f)(3), Alternative surfaces for off-street parking
and vehicular use areas.
(2) Chapter 13, Sections 3 (c), 3 (d)(1)(c), 3 (d)(3), 3 (e)(1)(b), 3 (e)(2),
4 (b) and 5 (d), Landscape buffers.
(3) Chapter 14, Sections 3 (a)(2) and 3 (f), Special provisions.
(4) Chapter 15, Sections 3 (f), 5 (b)(5), 6 (b), 6 (d), 7 (c)(1)(b) and 7
(c)(2)(c) Signs.
(5) Chapter 17, Sections 25 and 27, Zoning district regulations.
(b) Fees waived. For all properties with direct frontage on Ridgewood Avenue
(regardless of zoning) and for properties located within the Port Orange Town
Center and Eastport Business Center redevelopment areas, all development-related
fees shall be reduced by one hundred percent (100%). Development related fees
shall include, but shall not be limited to the following: Asite development plan
review, subdivision plan review, variances, rezonings, development agreements
and amendments, special exceptions, conditional uses, land use amendments,
comprehensive plan amendments, annexations, public hearing notices, development
orders, development order extensions, change of grade permits, easement
vacations, street vacations, subdivision inspections, site inspections, building
inspections, building permits, sign permits, Building Code Administrative
Inspector=s Fund, Radon Fund, fire flow assessments, plan submittals, plan
reviews, and plan resubmittals. Development-related fees specifically discludes:
Aoccupational licenses, contractor registration, sidewalk sales and hazardous
use permits. As for work/activity without proper permits in hand, payment of a
penalty fee(s) shall apply and (at the discretion of the Administrative
Official) the permit fee(s) in question may then also be required.
(c) Deferment of impact fee payments. Upon special request, payment of city water,
sewer and recreation impact fees may be deferred to a later point in the
development review process. Rather than being paid just prior to the issuance of
the building permit(s), these fees may be paid just prior to the issuance of the
Certificate of Occupancy. Payment of county road and school impact fees may be
deferred in a similar fashion, pursuant to Article III, Section 70-75 (2)(b) of
the Volusia County Code of Ordinances.
(d) Owner-occupied business establishments. Recognizing that many of the properties
within the Port Orange Town Center redevelopment area and those with direct
frontage on Ridgewood Avenue (regardless of zoning) have historically been
developed with "mom and pop" and "homegrown" type businesses, the city shall permit owner-occupied business establishments in such
areas, provided that these establishments comply with all other requirements of
this code and adopted building and fire codes. More specifically, the city shall
permit given business owners/managers to reside in a dwelling unit which is set
within the principal (business establishment) structure.
(e) Phasing of required site improvements. Developers who propose to develop or
redevelop property which has direct frontage on Ridgewood Avenue (regardless of
zoning) or which is located within the Port Orange Town Center or Eastport
Business Center redevelopment areas, may be permitted to phase required
improvements of Chapter 12 (Road and Vehicular Use Areas), Chapter 13
(Landscaping and Buffers) and/or Chapter 14 (Architectural Design) over a period
not to exceed three (3) years from the date of issuance of the Development
Order. However, with respect to Chapter 13 improvements, phasing shall not be
permitted of landscaping and irrigation within required right-of-way buffers,
nor within bufferyards adjacent to residential/institutional uses. To secure
permission to phase improvements, a letter of request shall be filed with the
city outlining the unique time sensitive conditions/circumstances. The request
along with a proposed phasing agreement outlining the installation of
improvements in annual installments, shall be scheduled for City Council review
and approval. If the request is approved, the phasing agreement shall be
executed between the city and the private parties involved, and shall be
recorded in the public records of Volusia County. In the event that the
developer violates the recorded agreement and has not completed the required
improvements by the time specified for each improvement in the agreement, the
violation(s) may be referred to the Code Enforcement Board.
(f) Fees in-lieu of required parking and stormwater retention. Upon application to
the city, individuals who own property in the Riverwalk District of the Port
Orange Town Center redevelopment area may request a waiver (in full or partial)
for providing the required number of parking spaces and/or stormwater retention
area on-site. If approved by Council, this incentive grants constrained property
shared use of an off-site publicly owned and maintained parking lot or
stormwater retention area, as the case may be, in exchange for appropriately
calculated fees. For this incentive to be available, the city must own
appropriately designated land within reasonable proximity to the subject
property.
(1) Applications. Applications for in-lieu fees may be obtained from
the Department of Community Development. Applications pertaining to shared
parking shall include, but shall not be limited to: the number of parking
spaces required by Code; the proposed on- and off-site number of parking
spaces; the existing and proposed building use; the existing and proposed
square footage of the building and property; a site plan; and a survey. On
the other hand, applications pertaining to stormwater retention shall
include, but shall not be limited to: the existing and proposed square
footage of the building and property; the existing and proposed amount of
impervious area; a site plan; and a survey.
(2) Review. Upon acceptance, review and certification of applications
as to completeness, the city shall notify the applicant of any special
conditions or additional information that may be required, as the case may
be.
(3) Contract required. If a request is approved, the terms by which
shared parking and/or shared stormwater retention shall be provided shall
be detailed in contract to be signed by the Mayor, the City Manager, the
applicant and appropriate witnesses thereto. The city shall provide the
applicant with an appropriate template to follow for this purpose.
(4) Conditions and safeguards. In approving a request, the City Council
may prescribe appropriate conditions and safeguards to ensure compliance
with the Land Development Code or to satisfy the goals/objectives of the
Port Orange Town Center Redevelopment Plan.
(5) Calculation. Upon calculation and receipt of the in-lieu payment
from the applicant, the city shall issue credit for a specific number of
parking spaces and/or for a specific cubic amount of stormwater retention,
as the case may be.
(6) Trust Fund. All in-lieu payments shall be deposited into the
applicable shared parking or shared stormwater retention trust fund. All
funds collected through the in-lieu payment process shall be utilized for
the purposes of financing parking and/or stormwater retention capital
improvements, and other expenses as may be necessary or incidental to the
provision of such.
(7) In-lieu factors. In-lieu factors for shared parking and shared
stormwater retention shall be established by resolution of the City
Council and shall reflect costs associated with, but not limited to: land
acquisitions, design, legal, planning, engineering, construction,
inspection, and finance services. In-lieu factors may be amended from time
to time to reflect changes in the above-noted variables.
(8) Payment Collection. Payment may be made in full or in installments,
and all the details pertaining to such shall be addressed in the contract
between the applicant and the city
(9) Rescinding approval. If a request is approved and the applicant
then decides to significantly revisit the conditions/circumstances which
he/she represented, then the City Manager shall have the right to rescind
said approval, and the applicant shall be required to re-apply (if so
desired) based on the revised set of conditions and circumstances.
(g) Expedited review and approval. Pursuant to a written request, the City Manager
may designate a given development or redevelopment project as one which is
worthy of an expedited review and approval process. Designation by the City
Manager shall be purely discretional and afforded only in the most extraordinary
circumstances. If and once such occurs, a Community Development staff member
shall be designated as project manager and will work in close contact with the
applicant and his/her agent(s). Once formal plans have been prepared and
submitted to the city, the project manager will oversee an expedited staff
development review of the project. In so doing, the project manager may take the
necessary steps to schedule a special meeting of the Staff Development Review
Committee (SDRC), the Planning Commission and/or the City Council in order to
secure timely approvals.
(h) Neighborhood Investment Program (NIP). Pursuant to Resolution 00-30, this
program enables the city to partner with recognized neighborhood organizations
to undertake meaningful physical, cultural and recreational initiatives. Under
the program, an organization may apply for up to $5,000 in grant money (to be
matched by the city) to undertake specific initiatives in their neighborhood,
including but not limited to: Alandscaping, street lighting, benches, bike path
and sidewalk construction, entrance improvements, youth/family literacy
programs, after-school enrichment programs and art/music/dance training
programs. Requests shall be reviewed and evaluated based on individual merit
and the city reserves the right to reject any/all proposals.
(i) City assistance with state and federal grant applications. Upon request, the
city may provide assistance to given organizations/corporations in applying for
available state and federal grants. Assistance may entail preparation/submission
of grant applications, securing statements of local support and providing
required local funding matches.
(j) Redevelopment Fund. The Redevelopment Fund has been created to reverse blighted
conditions and to stimulate reinvestment within the city=s redevelopment areas,
namely Port Orange Town Center and Eastport Business Center. To assist the
private sector in this significant challenge, the city may extend grant monies
to successful applicants pursuant to the following criteria and administrative
processes.
(1) Criteria. The following criteria are to be applied to given
requests to determine eligibility for financial assistance pursuant to the
city’s Redevelopment Fund. All requests shall demonstrate the application
of each criterion in the affirmative.
(a) The subject property is located within the boundaries of the Port
Orange Town Center or the Eastport Business Center redevelopment area.
(b) The applicant proposes to develop or redevelop the subject property,
or to expand or renovate the building or accessory structure on such
property, and the financial assistance requested will be used in full
or in part to initiate such improvements within the next twelve (12)
month period, barring all unforeseen obstacles.
(c) The proposed improvements will be substantive in scope/impact; will
result in a highly-visible aesthetic enhancement to the property; and
may conceivably spur similar investment in surrounding properties.
(d) The proposed improvements pertain to the creation, retainment, or
enhancement of a particular business/use which is expected to have a
positive socio-economic impact on the corridor and neighborhood in
question; or The proposed improvements pertain to the preservation and
enhancement of a particular residential structure which was included
in the city’s Historic Survey (1996) and is visible from Dunlawton
and/or Ridgewood Avenue (but not necessarily located thereon).
(e) The proposed improvements shall be in harmony with the general intent
and purpose of the redevelopment area in question, and will not be
injurious to surrounding properties nor detrimental to the given
corridor or neighborhood.
(2) Types of Assistance.
(a) Level One Matching Grants. These grants are intended for small building
renovation, site upgrade projects, or code-required improvements which
are expected to result in highly-visible, aesthetic enhancements to the
property/building in question. The construction value of projects must
be a minimum of $2,000. Projects less than this amount shall not be
considered for funding. All matching grants shall constitute 50/50
public/private funding, yet the city shall fund no more than $5,000
towards any given project. Examples of projects that may be open to
Level One grants include, but shall not be limited to: repainting a
historic structure; the installation of pedestrian walklights,
decorative re-roofing, replacing old siding with new and improved
material, the installation of landscaping, etc.
(b) Level Two Matching Grants. These grants are similar to Level One grants,
yet more significant with respect to their scope and overall cost. This
being the case, the construction value of projects for a Level Two grant
must be a minimum of $5,001, yet the city shall fund no more than
$10,000 towards any given project.
(c) Level Three Matching Grants. These grants are similar to Level Two
grants. However, rather than being available to any/all properties
within the city’s two (2) redevelopment areas, Level Three grants are
only available to properties within the Riverwalk District of Port
Orange Town Center. The construction value of projects for a Level Three
grant must be a minimum of $5,001, yet the city shall fund no more than
$15,000 towards any given project. This type of grant can potentially
offer up to $5,000 more towards given projects and is specifically
restricted to properties within the Riverwalk District in recognition of
the fact that the city code requires an architectural style within this
area that has been found to translate into added costs. Furthermore, the
city has recognized the Riverwalk District as an area of great potential
and high priority with respect to long term redevelopment.
(3) Conditions of Approval.
(a) Approval level. All Level One grant requests shall be reviewed and
approved at the City Manager’s level. Given the increased scope and cost
implications, all Level Two and Three grant requests shall be reviewed
and approved by the City Council.
(b) Matching Grants. With respect to the cost of given projects, 50/50
public/private funding shall be established on the basis of construction
costs only, and shall not be reflective of associated surveying,
engineering, architectural, landscaping or similar design services.
(c) Design Services. If a request for a matching grant (any level) is
approved by the city, the applicant may opt to utilize the services of
one of the city’s engineering, landscaping, surveying or architectural
design firms (which it has on contract) on their project.
Notwithstanding, the services of one of the city’s design firms shall
not to exceed that dollar amount which is approved by the city for the
matching grant.
(d) Contract required. If a request is approved, the terms by which
financial assistance shall be provided shall be detailed in an
Redevelopment Fund contract to be signed by the Mayor, the City
Manager, the applicant and appropriate witnesses thereto. The city
shall provide the applicant with an appropriate template to follow for
this purpose.
(e) Conditions and safeguards. In approving a request, the City Council
may prescribe appropriate conditions and safeguards to ensure
compliance with the Land Development Code or to satisfy the
goals/objectives of the applicable redevelopment plan and/or corridor
plan. Such conditions may include time limits for the initiation of
the improvements, or any other conditions reasonably related to the
criteria listed in the above sections.
(f) After-the-fact reimbursement. If a request is approved, actual
reimbursement shall not occur until close-out of the project in
accordance with the plans and/or permits which were approved for
construction.
(g) Window for requests. For new business operations, requests shall be
filed with the city prior to the issuance of a Certificate of
Occupancy (C/O). For the expansion/renovation of existing business
operations, requests shall be filed prior to the issuance of a
Development Order. No requests for financial assistance pursuant to
the Redevelopment Fund shall be accepted after the applicable
deadline.
(h) Limit to requests. If financial assistance pursuant to the
Redevelopment Fund is requested and approved by the city, then the
subject business thereby waives their right to request any additional
forms assistance pursuant to the Redevelopment Fund, for the subject
property for a period of twelve (12) months.
(i) Rescinding approval. If a request is approved and the applicant then
decides to significantly revisit the conditions/circumstances which
he/she represented, then the City Manager shall have the right to
rescind said approval, and the applicant shall be required to re-apply
(if so desired) based on the revised set of conditions and
circumstances.
(j) Transfer of approvals. Approvals run with the business and property.
An approval may only be transferred to another individual, for that
same business on that same property, subject to an appropriate
amendment to the Redevelopment Fund contract with respect to the
signatories.
(k) Expiration of Approval. Matching grants shall expire if within twelve
(12) months of the request being filed, the Development Order or the
principal building permits involved (as the case may be) have not been
issued, or if at the discretion of the Administrative Official, are
not imminent. Notwithstanding, the Council may approve language within
the Redevelopment Fund contract which speaks differently to the
expiration of approval.
(k) Targeted Businesses Fund. The Targeted Businesses Fund (TBF) has been created to
provide assistance to unique business ventures which, from time to time, may be
targeted by the City of Port Orange by virtue of the socio-economic benefits
which they are perceived to offer. Targeted businesses may be extended
incentives to aid in retaining their operations within the city; to aid in
enhancing/expanding their operations in the city, or to aid in relocating their
operations to viable property within the city. To be considered by Council, a
written request providing a detailed overview of the business/project and the
circumstances surrounding the need for assistance, shall be submitted to the
city. If approved, a contract shall be prepared outlining the given incentives,
their allocation and the conditions tied thereto. The contract shall then be
executed and carried out in accordance with its terms.
(1) Targeted businesses.
The following businesses may be extended assistance by the city pursuant to
review and approval by the City Council: marina; hotel with conference
center; college/university; aviation operations; professional sport
operations; entertainment industry operations; regional distribution
facility; fortune 500 company; corporate headquarters; master developer(s)
for the Riverwalk, Causeway or Down Under Districts; master developer(s)
for the Eastport Business Center redevelopment area; commercial or
industrial venture promising extensive value-added jobs; any other
enterprise/project referenced within the city=s vision statement; and any
other enterprise/project proposed and supported by ordinance of Council.
(2) Possible incentives
Possible city incentives which may be extended to a targeted business (see the
above subsection) includes, but shall not be limited to, one or more of
the following: waive application, permit and/or inspection fees;
grants/loans; water/sewer impact fee credits/deferrals; wetland
mitigation; engineering/landscaping/surveying/architectural design
services; pre-permitted sites; city attorney services; dollars for
value-added jobs; utility cost-sharing; and expedited review and approval.
