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Home My WebLink AboutVI (A) Resolution No. 96-14, adopting Development Review Fee for Special Traffic Study Concurrency Determination AGENDA 6-18-96 "CENTER OF GOOD LIVING - PRIDE OF WEST ORANGE" Item VI A Ocoee .. a a •lllYva l\VL\1C1 COMMISSION ERS RUSTY JOHNSON � O D CITY OF OCOEE SCOTT ANDERSON 150 N.LAKESHORE DRIVE SCOTT A.GLASS c# 4' OCOEE,FLORIDA 34761-2258 JIM GLEASON (407)656-2322 CrrY MANAGER E� Of G 0011 N> ELLIS SHAPIRO STAFF REPORT TO: THE HONORABLE MAYOR AND CITY COMMISSIONERS FROM: JANET G. RESNIK, CAPITAL PROJECTS/CONCURRENCY ANALYST DATE: JUNE 11, 1996 SUBJECT: DEVELOPMENT REVIEW FEE FOR SPECIAL TRAFFIC STUDY FOR CONCURRENCY DETERMINATION ISSUE Should the Honorable Mayor and City Commissioners approve a development review fee schedule for special traffic studies submitted as part of the concurrency application process? BACKGROUND AND DISCUSSION With the additional option provided to developers to submit special traffic studies as part of the concurrency process, a fee schedule is necessary in order to ensure that the costs for review of these studies are paid by the developer. With this fee schedule, upon submittal of a special traffic study, the applicant would pay a $500 flat fee and be required to have a $1,000 review deposit on account with the City, and also be responsible for all review costs associated with the study (engineering consultant fees and attorney fees, for example). RECOMMENDATION Staff respectfully recommends that the Honorable Mayor and City Commissioners approve Resolution 96-14. cc: Wanda Horton, Finance Director Ellen King, Administrative Secretary, Planning Department RESOLUTION NO. 96-14 A RESOLUTION OF THE CITY OF OCOEE, FLORIDA RELATING TO DEVELOPMENT REVIEW FEES; ESTABLISHING AN ADDITIONAL SCHEDULE OF FLAT FEES; ESTABLISHING AN ADDITIONAL SCHEDULE OF REVIEW DEPOSITS; PROVIDING FOR CERTAIN APPLICATIONS FOR WHICH THE FLAT FEE INCLUDES ALL REVIEW COSTS; DESIGNATING ADDITIONAL APPLICATIONS SUBJECT TO THE PAYMENT OF DEVELOPMENT REVIEW FEES; PROVIDING THAT THIS RESOLUTION IS SUPPLEMENTAL TO PREVIOUS RESOLUTIONS ESTABLISHING A SCHEDULE OF FLAT FEES; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Section 1-12 of Chapter 180 of the Code of Ordinances of the City of Ocoee authorizes the City Commission of the City of Ocoee to from time to time adopt by Resolution a Schedule of Flat Fees, a Schedule of Review Deposits, and a listing of those Applications for which the Flat Fee includes all Review Costs; and WHEREAS, the City staff has presented to the City Commission a report setting forth the estimated average cost of reviewing the Applications which are the subject of this Resolution; and WHEREAS,the Flat Fees and Review Deposits relating to the review of Applications as set forth in this Resolution are an accurate method of assessing the costs of development review functions and ensuring payment thereof. 1 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF OCOEE, FLORIDA: SECTION ONE. Authority. The City Commission of the City of Ocoee has the authority to adopt this Resolution pursuant to Section 1-12 of Chapter 180 of the Code of Ordinances of the City of Ocoee, Article VIII of the Constitution of the State of Florida, and Chapter 166, Florida Statutes. SECTION TWO. Definitions. All terms used in this Resolution shall be contrued in accordance with the definitions set forth in Section 1-12.A of Chapter 180 of the Code of Ordinances of the City of Ocoee. SECTION THREE. Additional Schedule of Flat Fees. The City Commission of the City of Ocoee hereby adopts and approves the additional FLAT FEE SCHEDULE as set forth in Exhibit "A" attached hereto and by this reference made a part hereof. SECTION FOUR. Additional Schedule of Review Deposits. The City Commission of the City of Ocoee hereby adopts and approves the additional REVIEW DEPOSITS SCHEDULE as set forth in Exhibit "B" attached hereto and by this reference made a part hereof. The additional Review Deposit Schedule shall be subject to upward adjustment: (1) by the City Manager or his designee on a case-by-case basis in accordance with the procedures set forth in Section 1-12.D(1) of Chapter 180 of the Code of Ordinances of the City of Ocoee; and (2) by the City Finance Director in the circumstances set forth in Section 1-12.D(3) of Chapter 180 of the Code of Ordinances of the City of Ocoee. SECTION FIVE. Applications For Which the Flat Fee Includes All Review Costs. Pursuant to the provisions of Section 12-1.C(2) of Chapter 180 of the Code of Ordinances of the City of Ocoee, the City Commission of the City of Ocoee hereby designates those Applications set forth in Exhibit "C" attached hereto and by this reference made a part hereof as 2 applications for which Review Deposits are not required and for which the City Attorney, legal consulting and engineering consulting fees and costs incurred by the City are included within the Flat Fee. With respect to those Applications set forth in Exhibit "D" attached hereto, a Review Deposit shall be paid in accordance with the Review Deposit Schedule as set forth in Exhibit "B" hereto and the Applicant shall be required to pay the applicable Flat Fee and all Review Costs associated with such Applications. SECTION SIX. Designation of Additional Applications Subject to the Payment of Development Review Fees. Pursuant to Section 1-12.A(2)(xiv) of Chapter 180 of the Code of Ordinances of the City of Ocoee, the City Commission of the City of Ocoee hereby designates those Applications listed on Exhibit "A" hereto as additional Applications within the scope of and subject to the provisions of Section 1-12 of Chapter 180 of the Code of Ordinances of the City of Ocoee. SECTION SEVEN. Supplemental to Previous Resolutions. This Resolution is supplemental to Resolution No. 92-11 and any other resolutions which may from time to time be adopted by the City Commission of the City of Ocoee pursuant to the provisions of Section 1-12 of Chapter 180 of the Code of Ordinances of the City of Ocoee. SECTION EIGHT. Conflicts. All resolutions, parts of resolutions, or acts of the City Commission of the City of Ocoee in conflict herewith are hereby repealed and rescinded. SECTION NINE. Severability. If any section, subsection, sentence, clause, phrase, or portion of this Resolution is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portion hereof. 3 SECTION TEN. Effective Date. This Resolution shall become effective immediately upon passage and adoption. PASSED AND ADOPTED this day of , 1996. APPROVED: ATTEST: CITY OF OCOEE, FLORIDA JEAN GRAFTON, City Clerk S. SCOTT VANDERGRIFT, Mayor (SEAL) APPROVED BY THE OCOEE CITY COMMISSION AT A MEETING HELD ON THE ABOVE DATE UNDER AGENDA ITEM NO. FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA. APPROVED AS TO FORM AND LEGALITY THIS DAY OF , 1996. FOLEY & LARDNER By: City Attorney 4 EXHIBIT "A" FLAT FEE SCHEDULE (1) APPLICATION FLAT FEE Special Traffic Study for Concurrency Determination $ 500.00 NOTES: (1) Except for those Applications set forth on Exhibit "B" to this Resolution, the Applicant shall be required to pay: (a) the Flat Fee in accordance with the Flat Fee Schedule set forth in Exhibit "A" to this Resolution, (b) the applicable Review Deposit set forth in Exhibit "B" to this Resolution, and (c) all Review Costs associated with such Application. 5 EXHIBIT "B" REVIEW DEPOSIT SCHEDULE (1) APPLICATION FLAT FE Special Traffic Study for Concurrency Determination $ 1,000.00 NOTES: (1) Except for those Applications set forth on Exhibit "C" to this Resolution, the Applicant shall be required to pay: (a) the Flat Fee in accordance with the Flat Fee Schedule set forth in Exhibit "A" to this Resolution, (b) the applicable Review Deposit set forth in Exhibit "B" to this Resolution, and (c) all Review Costs associated with such Application. (2) The Review Deposit set forth above shall not be required if the Applicant currently has a Review Deposit on account with the City in conjunction with the Project which is the subject of the application. 6 EXHIBIT "C" LISTING OF APPLICATIONS FOR WHICH THE FLAT FEE INCLUDES ALL REVIEW COSTS None. NOTES: (1) Except for those Applications listed on this Exhibit "C", the Applicant shall be required to pay: (a) a Flat Fee in accordance with the Flat Fee Schedule set forth in Exhibit "A" to this Resolution, (b) the applicable Review Deposit set forth in Exhibit "B" to this Resolution, and (c) all Review Costs associated with the Application. 7 EXHIBIT "D" LISTING OF APPLICATIONS SUBJECT TO PAYMENT OF FLAT FEE, REVIEW DEPOSIT, AND ALL REVIEW COSTS Application for Special Traffic Study for Concurrency Determination. 8