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HomeMy WebLinkAboutVI(B) Second Reading Of Ordinance No. 99-24, Road Impact Fees Agenda 6-01-99 Item VI B "CENTER OF GOOD LIVING-PRIDE OF WEST ORANGE" MAYOR•COMMISSIONER S.SCOTT VANDERGRIFT Ocoee COMMISSIONERS o 4' CITY OF OCOEE DANNYHOWELL IA V SCOTT ANDERSON • 150 N. LAKESHORE DRIVE OCOEE, FLORIDA 34761-2258 RUSTY JOHNSON fl NANCY J.PARKER (407)656-2322 CITY MANAGER Of Gov ELLIS SHAPIRO STAFF REPORT DATE: May 27, 1999 TO: The Honorable Mayor and City Commissioners FROM: Brad Friel, AICP, Capital Projects/Transportation Planner THROUGH: Russ Wagner,AICP, Director of Planning I.,', SUBJECT: Ordinance Number: 99-24; Road Impact Fee Update ISSUE: Should the Mayor and City Commissioners adopt Ordinance Number: 99-24 to amend Sections 87-1 through 87-13 and to adopt a new Section 87-14 of Article I of Chapter 87 of the Code of Ordinances of the City of Ocoee entitled Road Impact Fees? BACKGROUND: Ocoee's Road Impact Fee Ordinance was initially adopted in March 1989 and most recently updated in February 1996. The purpose of the Ordinance is to ensure that new development pays a fair share of the anticipated cost of required City roadway system improvements necessary to serve new development. The existing fee schedule is based on an inventory of the existing roadway system, an analysis of existing roadway system deficiencies and an analysis of roadway system needs contained in a report entitled "Traffic Impact Fee Final Study dated January 1996". 'It has been the intent of the City Commission to periodically revise this Ordinance to adjust the fee schedule to reflect changes in Ocoee's growth patterns and changes in the cost of constructing new roadway facilities. DISCUSSION: On November 17, 1998,the City Commission accepted the Ocoee Transportation Master Plan. This plan included a comprehensive inventory of the City's existing and future land uses, an inventory of the existing City roadway system, and an analysis of the City's existing and future roadway system deficiencies and needs. Shortly thereafter, Staff was directed to prepare a road impact fee update in order to bring the road impact fees more in line with actual improvement costs to, ensure a fair share contribution for roadway needs created by new development. The road impact fee update prepared by Staff and SAIC, the City's transportation consultant, recommended changing the methodology by which Ocoee calculates its road impact fee from an improvements driven approach to a standards driven approach. The improvements driven approach identifies specific roadway improvements to be financed by impact fees. By contrast, the standards driven approach looks at the cost to provide each additional unit of roadway capacity that a given development consumes. Although both methodologies are used throughout Florida, the majority of local governments, including Orange County, use the standards driven approach. The standards driven Od- The Honorable Mayor and City Commissioners May 27, 1999 Page 2 approach allows more flexibility in funding needed improvements resulting from new development and is generally more legally defensible. Using the new Transportation Master Plan and new methodology, an updated road impact fee was developed for each land use. As shown in the attached Table 1, the recommended impact fee for each land use category has increased for most land uses with the exception of some retail and service uses. Generally, the increased fee is a result of the updated roadway construction cost, trip generation rates and average trip length. Those land uses that have a reduced impact fee are generally land uses that have had a reduction in the nationally recognized trip length and trip generation rates. Comparisons were also made between Ocoee's existing and recommended road impact fees and those of Orange County and several cities in Central Florida. This comparison, shown in Table 2 and Figure 1, was made using two typical land uses: a single family dwelling unit and a retail establishment under 50,000 square feet. Ocoee's updated road impact fee will be less than the impact fee recently adopted by Orange County, and falls somewhere in the middle when compared with several peer municipalities. The recommended road impact fee is expected to generate $50 million in revenue over a 20 year period. This represents 70 percent of the total cost to implement the Transportation Master Plan. The remaining balance will be covered through other revenue sources and developer contributions. CITY COMMISSION AND PLANNING AND ZONING COMMISSION WORKSHOP On December 8, 1998 a special workshop was held by the City Commission and Planning and Zoning Commission to hear a Staff presentation on the Ocoee Road Impact Fee Update and to allow for the Commission to discuss issues that related to the update. The minutes of this workshop are attached to this staff report. The outcome of this workshop was a direction by the City Commission that Staff prepare an Ordinance that updates the existing Road Impact Fee Ordinance. UPDATED ROAD IMPACT FEE ORDINANCE Following the direction of the City Commission, City Staff has worked with the City Attorney to amend the existing Road Impact Fee Ordinance. A copy of Ordinance Number 99-24 is attached to this Staff Report. As you read the Ordinance, you will notice that the item or text that has been deleted from the existing Ordinance has a line through it, while the added items or text has been underlined. The amendments recommended by Staff are to sections of the existing Road Impact Fee Ordinance that cover alternative fee calculations, development agreements, road impact fee credits, vested rights, exemptions and use of funds. These changes, which are mostly clarifications of existing policy, are recommended in order to work more effectively with developers in the development review process. The proposed new Schedule of Fees, (Exhibit "A" in the attached Ordinance) reflects the fees that were recommended in the Road Impact Fee Update that was discussed by the City Commission on December 8, 1998. (After further discussion with the City Attorney, Staff has determined that the "Video Rental Store" category should be removed from the Road Impact Schedule of Fees, attached to Ordinance 99-24 as Exhibit "A". It was determined that video rental stores are similar to other average retail uses. Additionally, the building could easily be converted, at a later date, into any number of other retail uses without much expense and without an additional impact fee assessment. Therefor, this use should be included within the retail category, thereby covering the wide range of potential uses.) The Honorable Mayor and City Commissioners May 27, 1999 Page 3 STAFF RECOMMENDATION: Staff respectfully recommends that the Mayor and City Commissioners adopt Ordinance Number 99-24 to amend Sections 87-1 through 87-13 and to adopt a new Section 87-14 of Article I of Chapter 87 of the Code of Ordinances of the City of Ocoee entitled Road Impact Fees, subject to the deletion of "Video Rental Store"from the list of land uses contained within Exhibit"A",the Updated Impact Fee Schedule. Attachments: Table 1:Ocoee Impact Fee Comparison Table 2 and Figure 1:Transportation Impact Fee Comparison Minutes of December 8, 1998 City Commission/Planning and Zoning Commission Workshop Ordinance Number 99-24 c% Table 1 OCOEE IMPACT FEE COMPARISON Unit Existing Impact Updated Difference Land Use I 1 'Existing Impact Fee J RESIDENTIAL Single Family Dwelling Unit 1395.061 S1,865.97 S470.91 Apartment 'Dwelling Unit 945.14 S1,292.73 S347.59 Condominium/fownhouse Dwelling Unit 856.03 S 1,142.59 $286.56 • Mobile Home Dwelling Unit 702.64 $937.86 $235.22 LODGING Hotel-Motel 'Occupied Room 1380.461 $1,618.93' $238.47 OFFICE less than 100,000 SF 1,000 SF 2422.01 $2,977.60 $555.59 . 100,000 to 200,000 SF 1,000 SF 1856.68 $2,307.67 $450.99 greater than 200,000 SF 1,000 SF 1573.28 $2,049.77 $476.49 Medical-Dental Office Building 1,000 SF NC $6,151.89 NA RETAIL less than 50,000 SF 1,000 SF GLA 5756.94 S4,359.57 -S1,397.37' 49,999 to 100,000 SF 1,000 SF GLA 5749.71 $2,885.07 -S2,864.64 -100,000 to 199,999 SF 1,000 SF GLA 5408.9 S3,031.10 -52,377.80� 200,000 to 299,999 SF 1,000 SF GLA 4905.42 53,404.55 -$1,500.87 300,000 to 399,999 SF 1,000 SF GLA 458221 S3,472.09 -S1,110.12' '400,000 to 499,999 SF 1,000 SF GLA 4287.93 S3,450.15 -5837.78` 500,000 to 999,999 SF 1,000 SF GLA 3871.62 S3,776.35 -$9527 1,000,000 to 1,250,000 SF 1,000 SF GLA 3643.82 $3,920.93 S277.11 greater than 1,250,000 SF 1,000 SF GLA 3595.89 $3,776.19 S180.30 Convenience Market with Gasoline Pumps Fueling Position 12682.08 $8,851.12 -S3,830.96 Gasoline/Service Station Fueling Position 3317.81 S3,299.55 -S18.26f Restaurant,Fast Food 1,000 SF 30106.68 S12,922.02 -S17,184.66. Restaurant,High Turnover(Sit-Down) 1,000 SF 7275.31 S12,174.65 S4,899.34 Restaurant,Quality 1,000 SF 7291.55 $13,249.23 55,957.68i New Car Sales 1,000 SF NC S4,991.75 NA Pharmacy/Drugstore 1,000 SF NC $4,286.31 NA Quick Lubrication Vehicle Shop Servicing Positions NC S783.00 NA Video Rental Store 1,000 SF NC S690.60 NA Wholesale Tire Store Service Bay NC $1,016.62 NA i SERVICES Drive-In Bank 1,000 SF 11622.56 S4,886.08 -56,736.48 Walk-In Bank 1,000 SF 6161.65 $2,882.90 -S3,278.75 INSTITUTIONAL Day Care Center 1,000 SF 5673.37 $4,170.82 -S1,502.55 MEDICAL Hospital 1,000 SF 2451.22 S2,943.32 $492.10 Nursing Home 1,000 SF 379.81 S279.42 -S100.39 INDUSTRIAL Light Industrial 1,000 SF 1018.18 S1,565.01 S546.83 Manufacturing 1,000 SF 562.471 S857.73 $295.26 Mini-Warehouse 1,000 SF 381.27 5387.54 $6.27 Warehousing 1,000 SF 712.87 S1,113.70 S400.83. - PORT AND TERMINAL Truck Terminal 1,000 SF NC I S2,211.681 NA v Table 2 TRANSPORTATION IMPACT FEE COMPARISON Single Family(per unit) Retail(less than 50,000 Jurisdiction 9 square feet) Ocoee(updated draft) $1,866 $4,371 Ocoee(existing) $1,395 $5,757 Apopka $1,103 $4,533 Casselberry* $141 $817 Maitland $1,315 $1,376 Orange County $2,075 $10,327 Orlando $873 $5,532 Oviedo' $615 $2,915 Seminole County $1,061 $5,149 Winter Garden $1,284 $2,374 *Note:Development within Seminole County cities are assessed both a City and County impact fee. - Figure 1 TRANSPORTATION IMPACT FEE COMPARISON Transportation Impact Fee Comparison ___ -Y .--=-wi- �, I_m_ ..�.-,= •-�_ -= El Single ati ,.ice .�,,_;.a . ., 'Zvi -- 4 _. ... -�3,t ,_r:.� � . Family $10,000 = �- 0 -;ate- <. -��� �,.'" �F�k ?�;-.�-z�-�s�:. '�3.� (per r°`z4 Z47- --2.•:z -•._ ,-•=,sue . s -.te ,� �;..�.,=�,T._� =• ,: ��- �rmr:�.:.-� j=�--� unit) $8,000 :_. T ..- -.z �k -4 `3 ®Retail :�: �;- - (less 4,000 '-s � _- .emu $ ® — than $2,000 _ "' r f _ t dzi _.• 50,000 4;. T- , z'. ■ ■ ■ 'DI El square $ =' - feet) 62,`'2 � � °��a °e �a °J � ao ao ��� e -4• 0c `Q �5 45� �a�•¢Gp O G G� o �� ()et' ao \o ,zo � �` 00 o� OS •Oo oo _e,C CITY OF OCOEE CITY COMMISSION Ocoee Commission Chambers WORK SESSION December 8, 1998 AGENDA 6:00 p.m. 1. Call to Order. 2. Presentation: Road Impact Fee Update. 3, Discussion: Increase Membership of Planning & Zoning Commission. 4, Adjournment. PLEASE NOTE: IN ACCORDANCE WITH FLORIDA STATUTE 286.0105: ANY PERSON WHO DESIRES TO APPEAL ANY DECISION AT THIS MEETING LL NEED A A VERBATIMRD OF RECORD THE PROCEEDINGS AND FOR THIS PURPOSE MAY NEED TO ENSURE THAT OF THE PROCEEDINGS IS MADE WHICH INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS BASED. ALSO, IN ACCORDANCE WITH FLORIDA STATUTE 28 .26: PERSONS SHO WITH DISABILITIES NEEDING ASSISTANCE TO PARTICIPATE IN ANY OF THESECONTACT THE OFFICE OF THE CITY CLERK, 150 N. LAIESHORE DRIVE, OCOEE, FL 34761, (407)656-2322 EXT. 146, 48 HOURS IN ADVANCE OF THE MEETING. MINUTES OF THE OCOEE CITY COMMISSION WORKSHOP HELD DECEMBER 8, 1998 CALL TO ORDER Mayor Vandergrift called the workshop to order at 6:12 p.m. in the Commission Chambers, and announced that the first part of the meeting concerning Impact Fees would be followed by discussion regarding the increase in members for the Planning and Zoning Commission. The clerk called the roll and all were present. PRESENT:' Mayor Vandergrift, Commissioners Anderson, Glass, Howell, and Parker. Also present were City Manager Shapiro, City Attorney Rosenthal, City Clerk Grafton and consultants Whit Blanton and Kevin Tilburry. ABSENT: None. Mayor Vandergrift turned the meeting over to Mr. Whit Blanton, of Science Applications International Corporation (SAIC). Mr. Blanton gave a presentation and pointed out, with the increasing growth of the City of Ocoee, the necessity to increase the impact fees for future transportation demands. Mr. Kevin Tilbury, also of SAIC, explained how the impact fee worked and talked about the costs that would be incurred for the next 20 years based on the Transportation Master Plan for Ocoee. Mr. Blanton and Mr. Tilbury recommended the Commission adopt an updated fee schedule by land use categories. City Manager Shapiro stated for the record, concerning the bond issue recently passed, the projection was based on the old impact fee rates. Mayor Vandergrift and Commissioners Anderson and Howell had questions concerning how the trip counts were done for certain businesses and the increase in impact fees for single family homes. There was lengthy discussion. Mayor Vandergrift polled the Commissioners for their reactions. Commissioner Parker said she understood the need but was not happy about the increase in the price of houses that would be caused by the new impact fees. Commissioner Glass was not happy with the increased cost of houses and roads but was happy with the analysis. He said better roads would increase property values and make life easier so it would be worth paying the extra fee. Mayor Vandergrift said that increased fees may slow growth and that he saw a possible benefit to balance the community adding more commercial property. He said he is not happy with the increase in fees to single family houses but also could see a benefit with the reduction in certain business impact fees to attract more of these types of businesses to the City. Mayor Vandergrift also questioned if it would be possible to consider a category concerning affordable housing,with a reduction in impact fees. Ocoee City Commission Workshop December 8, 1998 Commissioner Anderson said he was unhappy and wanted to give less of a reduction to commercial properties and had questions concerning exemptions. City Attorney Rosenthal said this type of study was done in order to get a legally supportable position. After a short discussion the polling continued. Commissioner Howell said he was never happy with raising costs but saw the need for it to be done. Mayor Vandergrift said he counted three "Happys" (marginally so), two "almost Happys" and gave staff direction to draft an ordinance. Commissioner Howell questioned how the City could charge impact fees repeatedly for the same property as in mobile homes. Director of Planning Wagner said the City needed to take a look at the ordinance and how the impact fee is administered. City Attorney Rosenthal explained that an impact fee was generated by the pulling of a building permit or whatever the equivalent is for placing.a mobile home on a lot. City Manager Shapiro asked Commissioner Howell to bring the information pertaining to this particular situation and he would check into it. At this time the discussion concerning Impact Fees was ended and the workshop continued with discussion about increasing the number of regular members of the Planning and Zoning Commission. Commissioner Glass said he had suggested increasing the size of the Planning and Zoning Commission, since reviewing minutes from their meetings he noticed repeatedly 4-0 or 4-1 votes on issues and felt that the small number did not adequately represent the citizens. He said he also noticed that the board was made up of citizens living in the older part of the city and would encourage broadening the board geographically, at this time, as well. He commended the present members for doing a tremendous job in bringing the City of Ocoee from its past to the present. Chairman Switzer responded that he had given it thought and agreed that 9 members would be a good number and recommended doing away with the alternate positions. Member Bond said she had asked that they be advised what districts they live in but had not received that information. It was pointed out to Member Bond that this information had been previously provided to all the Board Members. Ocoee City Commission Workshop December 8, 1998 • Mayor Vandergrift suggested extending the terms to 3 years and also continuing to have the alternates for training purposes. Member Landefeld talked about the rules concerning how alternates voted on the board. Mayor Vandergrift stated he would like the board to increase to 9 members with 2 alternates, who would be allowed to vote when seated on the board, and increase their terms to 3 years. He polled the Commission for their opinions. Commissioner Parker said she agreed with the Mayor's proposal. Commissioner Glass agreed, but said that it would be hard to find people who would commit to serve for that length of time. Commissioner Anderson concurred with Commissioner Glass and added that the 3 year term could scare away a potential member. Commissioner Howell also agreed with Commissioner Glass. Mayor Vandergrift said based on what was discussed at this meeting he would direct Staff to draft an ordinance with 9 regular members and 2 alternates for 3 years, to debate the length of the term at the time of voting. He also cautioned the Commissioners to be looking for more board members in their districts. City Attorney Rosenthal asked how the Commission wanted to address the geographical distribution. Mayor Vandergrift asked him to bring back a recommendation. Commissioner Glass suggested drawing lines to divide the City into geographic districts rather than political districts. Alternate Member McKey said he supported Chairman Switzer's position for 9 regular members with no alternate members and said,concerning the geographic areas, he did not think people could be forced to serve on a board. Chairman Switzer restated that he thought the alternates should be skipped and have 9 permanent members. City Attorney Rosenthal advised this would be an amendment to the Land Development Code (LDC) and he would take direction from the Commission, prepare an Ordinance which would then, due to procedure in dealing with amendments to the LDC, be sent to the Planning and Zoning Commission, they in turn would forward the amendment to the Commission with their recommendations. - Ocoee City Commission Workshop December 8, 1998 ADJOURNMENT The workshop was adjourned at 7:35 p.m. APPROVED: Attest: City of Ocoee • J n Grafton, City Clerk S. Scott Vandergrift, Mayor • • • ORDINANCE NO. 99-24 AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA; RELATING TO ROAD IMPACT FEES; AMENDING SECTIONS 87-1 THROUGH 87-13, INCLUSIVE OF ARTICLE I OF CHAPTER 87 OF THE CODE OF ORDINANCES OF THE CITY OF OCOEE WITH RESPECT TO INTENT, ALTERNATIVE FEE CALCULATIONS, DEVELOPMENT AGREEMENTS, ROAD IMPACT FEE CREDITS, VESTED RIGHTS, EXEMPTIONS AND. USE OF FUNDS; REPEALING SECTION 87-14 OF ARTICLE I OF CHAPTER 87 OF THE CODE OF ORDINANCES OF THE CITY OF OCOEE RELATING TO SCHEDULED FEES AND ADOPTING A NEW SECTION 87-14 WHICH UPDATES AND REVISES THE ROAD IMPACT FEE SCHEDULE OF FEES AND IN CONNECTION THEREWITH ESTABLISHES NEW LAND USE CATEGORIES FOR THE PURPOSE OF DETERMINING APPLICABLE ROAD IMPACT FEES; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; PROVIDING AN EFFECTIVE ECTIVE DATE. BE IT ENACTED BY THE CITY COMMISSION OF THE CITY OF OCOEE, FLORIDA, AS FOLLOWS: SECTION 1. Sections 87-1 through 87-13, inclusive, Article I of Chapter 87 of the Code of Ordinances of the City of Ocoee, Florida, is hereby amended to read as follows: ARTICLE I ROAD IMPACT FEES § 87-1. Title; authority. A. This Article shall be known and may be cited as the "Road Impact Fee Ordinance." B. The City Commission of the City of Ocoee has the authority to adopt this Article pursuant to Article VIII of the Constitution of the State of Florida and Chapters 163 and 166 of the Florida Statutes. 006.136292.1 § 87-2. Intent; purpose; basis. A. This Article is intended to implement and be consistent with the City of Ocoee Comprehensive Plan and Ocoee Transportation Master Plan. B. The purpose of this.Article is to ensure that new development pays a fair share of the anticipated costs of needed city road system improvements necessary to serve new development. C.- This Article is based on an inventory of facility costs and capacity, the existing road system, an estimate of transportation demand, analysis--ef existing road system deficiencies and an analysis of projected credits for developer contributions and the development of an impact fee schedule road system needs contained in a report entitled_ "City of Ocoee Transportation Impact Fee Update" dated November 1998. "Traffic Impact Fee Final Study dated January 1996." D. The intent of the City Commission is to periodically revise this Article to adjust the fee schedule to reflect changes in growth patterns in the City of Ocoee and changes in cost of constructing new roadway facilities. § 87-3. Payment required. Any person who applies for the issuance of a building permit for a new building shall be required to pay a road impact fee in the manner and amount set forth herein. Except as provided herein, no building permit for a new building shall be issued unless and until the road impact fee hereby required has been paid. For the purposes of this Article, all references to "building permit" shall refer to a building permit for a new building and shall not apply to such building permits as may be issued by the city for site clearing and other activities which precede the issuance for a new building. § 87-4. Schedule; alternative fees. A. The road impact fee shall be determined in accordance with the Road Impact Fee Schedule set forth in § 87-14. In addition, an applicant may propose an alternative impact fee as set forth in § 87-5 herein or may propose to enter into a development agreement with the city as set forth in § 87-6 herein. B. In the event that an applicant for a building permit contends that the new building for which the building permit is requested is not within the categories set forth in Subsection A above or is within a different category, then the Development Review Committee shall make a determination as to the appropriate category. Such determination may be appealed to the City Commission, whose decision shall be final and binding on the applicant. nnR 13R997.1 .. -2 § 87-5. Alternative fee calculation. A. In the event that an applicant believes the impact of his new building on the roadway network will be less than that derived utilizing the Schedule of Fees in established in § 87-14, the applicant may submit an alternative road impact fee calculation to the Development Review Committee. The Development Review Committee shall review the data, information and assumptions used by the applicant as part of in the alternative road impact fee calculation methodology to determine whether the requirements of this section are satisfied. If the Development Review Committee finds that the requirements of this section are satisfied, it shall review the results of the study and determine the applicant's recommended an alternative road impact fee for the applicant recommendation to the City Commission. If the Development Review Committee finds the requirements of this section are not satisfied, it shall recommend to the City Commission the Road Impact Fee Schedule set forth in § 87-14 for the applicant. The decision of the City Commission as to the use of an alternative road impact fee or the Road Impact Fee Schedule shall be final and binding on the applicant. B. The alternative road impact fee calculations shall be based on data, information or assumptions contained in the City of Ocoee Transportation Impact Fee Update, dated November 1998 Road Impact Fee Update Study, dated 1995, and shall be compatible with assumptions used for development of ai standards improvements driven impact fee calculation, provided that: (1) The independent source is an accepted standard source of transportation engineering or planning data; -(2) The independent source is a local study carried out by a qualified traffic planner possessing membership in the American Institute of Certified Planners or a professional engineer licensed by the State of Florida pursuant to an accepted methodology of transportation planning or engineering; or (3) If a prior applicant submitted during a prior approval process a traffic impact study consistent with the criteria required by this section and if that study is determined by the Development Review Committee to still be valid, the traffic impacts of the new building shall be presumed to be as described in such prior study. There shall be a rebuttable presumption that a traffic impact study -3- 006.136292.1 , which is conducted more than two (2) years old prior to the ff ct + f this ,tic e is invalid. C. The trip length, diversion and capture factor used in the alternative road impact fee calculation shall be based on actual surveys conducted in the City of Ocoee or Orange County or based on professional studies, including commonly used references. For the purposes of the alternative road impact fee calculation, the diversion and capture factor shall be the percentage of"average daily trips that a proposed use will generate that constitute new or additional trips added to roadways identified within the Ocoee Transportation Master Plan. the city's major road network system. Those trips that do not represent additional trip.ends shall not be counted as new or additional trips. D. The new building shall be presumed to generate the maximum number of average daily trips to be generated by the most intensive use permitted under the applicable land development regulations, such as the Comprehensive Plan or zoning regulations, or under applicable deed or plat restrictions. E. The cost of the city review of the alternative road impact fee calculation shall be paid by the applicant. Upon submittal of the alternative road impact fee calculation by the applicant, the City Clerk shall collect a flat fee of five hundred dollars ($500) and a review deposit of five hundred one thousand dollars ($500.) ($1,000) from the applicant. Section 1-12 of Article I of the Land Development Code use legislation, (Chapter 180 of the Code of Ordinances of the City), as it may from time to time be amended, shall be followed when collecting review fees and deposits under this section. § 87-6. Development agreements. A. An applicant may propose to enter into a development agreement with the city to establish alternative road impact fees or to provide for road impact fee credits for the undertaking by the applicant of equivalent road improvements necessary to serve new development. Equivalent road improvements must be demonstrated to be consistent with and further the Ocoee Transportation Master Plan and shall be those that exceed necessary concurrency-related mitigation improvements enhance roads and shall not include improvements which mitigate operational impacts generated by the development. A development agreement may include, but shall not be limited to, provisions which: -4- 0oE.136292.1 • (1) Permit the construction of specific road system improvements in lieu of or with a credit against the road impact fee otherwise assessable under § 87-4 or 87-5 above. (2) Provide for a transfer of credits as provided for in § 87-7 to any successor in interest in the land. (3) Allow a schedule and method of payment of impact fees in a manner different than provided in § 87-11. B. Any agreement proposed by an applicant pursuant to this section shall must be presented to and approved by the City Commission prior to the issuance of a building permit in order for any "road impact fee credits to be applicable to such building permit. Any such agreement shall provide for execution by any mortgagees, lienholders or contract purchasers in addition to the landowner and shall require the applicant to record such agreement in the public records of Orange County. The City Commission shall approve such an agreement only if it finds that the agreement will apportion the burden of expenditure for new facilities in a just and equitable manner, consistent with applicable Florida Statutes and case law and this Article-, provided, however, that the City shall not be required to enter into any agreement pursuant to this Section 87-6. § 87-7. Credits. A. An applicant shall be entitled to a credit against the road impact fee assessed pursuant to this Article in an amount equal to the cost of off-site roadway improvements and the cost of improvements to on-site roads which create excess capacity for general public traffic that otherwise would not be required as a condition of development approval for operational or capacity mitigation; or contributions of land, money or services contributed or previously contributed by the applicant or his predecessor in interest .as a condition of any development agreement entered into with the city so long as such development agreement expressly provided for road impact fee credits of any kind with respect thereto. Any improvements after which credits are granted must be demonstrated to be consistent with and further the Ocoee Transportation Master Plan. create excess transportation capacity to the city's improvement driven listing-ef road improvements. Such credit shall be based on the following criteria: (1) The actual cost of off-site related improvements by the applicant. Off-site improvements eligible for a credit are those improvements proposed for a building site which are required by the city to serve the building's external trips and general public nna V Ia1a9 -5- traffic in excess of concurrency requirements. Improvements not eligible for a credit are those operational enhancements necessary to serve internal trips or to provide safe and adequate ingress and egress, .such as acceleration 'and deceleration lanes, turn lanes, traffic signals, paving of existing rights-of-way or perimeter roads. (2) The actual cost or estimated cost of improvements based. on recent bid sheet information of the City of Ocoee or Orange County with respect to that portion of on-site roads which creates excess capacity for general public traffic. (3) The contribution of land, money or services by the applicant for off-site improvements to the road system and for improvements to on-site roads which create excess capacity for city or county roads. general public traffic. No road impact fee credits shall be granted for improvements to state roads. The credit for land contributed will be based on a pro rata share of the appraised land value of the parent parcel as determined by an MAI appraiser selected .and paid for by the applicant and approved by the • Development Review Committee or based on such other method as may be mutually agreed upon by the applicant and' the Development Review Committee. , In the event that the Development Review Committee disagrees with the appraised value, the city may select and pay for another appraiser and the credit shall be an.amount equal to the average of the two (2) appraisals. (4) Unless otherwise provided in a development agreement between the city and the applicant or his predecessors in title, no credit for contributions or donations made prior to March 21, 1989, shall be granted unless the cost of the improvements were paid for or the contributions were made within the two (2) years prior to March 21, 1989. (5) No credit shall exceed the amount of the road impact fee assessed under § 87-4, 87=5 or 87-6 above. B. The amount of .the credit shall be determined by the Development Review Committee; provided, however, that the determination may be appealed to the City Commission, whose decision shall be final and binding on the applicant.. C.' Any credit issued pursuant to this section may be transferred by the applicant to'any successor in interest of the property. Credits may not be MR 13R9Q9.1 J transferred to any other property without approval of the Ocoee City Commission. D. Previous development agreements wherein voluntary road impact fees were specified and paid shall be binding as to any building permit issued, on or before March 21, 1989, on land subject to the development agreement. E. Notwithstanding the criteria specified in § 87-7A(1), (2) and (3) above, if any of the development agreements listed in § 87-8B of this Article provide that credits against future road impact fees enacted by the city will be granted for specified contributions of land, money or services for improvements to the road system, such credits against the impact fee shall be granted on the basis provided'for in such agreements. F. The city may, at its sole discretion, provide a cash reimbursement in lieu of the credit provided by this section.-The cash reimbursement shall be based upon the criteria established by this section. The amount of the cash reimbursement shall be determined by the Development Review Committee; provided, however, that the determination may be appealed to the City Commission, whose decision shall be final and binding on the applicant. § 87-8. Vested rights. A. It is not the intent of this Article to abrogate, diminish or modify the rights of any persons that have vested rights pursuant to a valid governmental act of the city. An applicant may petition the City Commission for a vested rights determination which would exempt the applicant from the provisions of this Article. Such petition shall be evaluated by the City Attorney and a recommendation thereon submitted to the City Commission based on the following criteria. (1) There exists a valid, unexpired governmental act of the city authorizing the building for which a certificate.of occupancy is sought. (2) Expenditures or obligations made or incurred in reliance upon the authorizing act are reasonably equivalent to the fee required by § 87-4 of this Article. (3) That it would be inequitable to deny the applicant the opportunity to occupy a previously approved building under the conditions of the previous approval by requiring the applicant to comply with the requirements of the Article. -7 006.136292.1 B. The city specifically acknowledges the existence and validity of various development agreements on file in the City Clerk's office. § 87-9. Exemptions. The following shall be exempt from payment of the road impact fee: A. Those buildings which have been issued a certificate of occupancy prior to March 21, 1989; provided that the foregoing shall not create an exemption from this article as it relates to increases in the square footage of any such building footprint. B. Publicly owned and operated buildings used for general governmental purposes, including public schools, libraries, community -centers, and similar tax supported structures. C. Buildings owned by a fraternal, benevolent, charitable, eleemosynary, philanthropic, altruistic, civic, community, veteran, educational or other nonprofit organization. D. Additions to or expansions of single-family residential buildings. § 87-10. Separate account to be kept. . The road impact fee collected by the city pursuant to this Article shall be kept separate from other revenue of the city. Funds withdrawn from this account must be used solely in accordance with the provisions of this Article. The disbursal of such funds shall require the approval of the City Commission. § 87-11. When fee due. Except as provided for in § 87-6 above and § 87-12 below, the road impact fee shall be due and payable at the time of issuance of the building permit for a new building. § 87-12. Use of funds. A. The funds collected by reason of establishment of the road impact fee in accordance with this Article shall be used solely for the purpose of planning, acquisition, expansion and development of off-site improvements to the road system determined to be needed to offset, the impacts of new development within the City of Ocoee, including but not limited to: (1) • Corridor studies and environmental assessments. (2) Design and construction plan preparation: -8- 006.136292.1 • y (3) Right-of-way acquisition, including legal fees. (4) The construction of new through lanes. (5) The construction of new turn lanes. (6) The construction of new bridges. (7) The construction of new drainage facilities in conjunction with new road construction. (8) The purchase and installation of traffic signalization. (9) . The construction of new curbs, medians and shoulders. (10) Relocating utilities to accommodate new road construction. (11) The payment of debt services incurred for completion of the above-listed use of funds. B. All funds shall be used collected and in a manner consistent with the principles set forth in the Florida Statutes and case law and otherwise consistent with all requirements of the Constitutions of the. United States and the State of Florida. Said funds shall not be used to maintain or repair any roads. C. Any funds on deposit not immediately necessary for expenditure shall be invested in interest-bearing accounts. All income derived shall be deposited in the Road Impact Fee Account. Applicants shall not receive a credit for or be entitled to interest from the investment of funds, except as provided in Subsection D. D. Any funds not expended or encumbered six (6) years from the date road impact fee was paid shall, upon application of the fee payer and proof of payment, be returned with interest at the rate of six percent (6%) per annum; if such funds were not t expended or encumbered on the date the city receives the application. • 006.136292.1 -9- § 87-13. Penalties for offenses. Violations of this Article shall constitute a misdemeanor enforceable in accordance with § 1-12 of the City Code or by an injunction or other legal or equitable relief in the Circuit Court against any person violating this Article, or by both civil injunctive and criminal relief. SECTION 2. The existing Section 87-14 of Article I of Chapter 87 of the Code of Ordinances of the City of Ocoee, Florida is hereby repealed in its entirety and the following is hereby adopted in lieu thereof: § 87-14. Schedule of Fees. The road impact fees shall be as follows: See Exhibit "A" attached hereto and by this reference made a part of this Ordinance. SECTION 3. Severability. If any section, subsection, sentence, clause, phrase or portion of this Ordinance 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 hereto. SECTION 4. Codification. It is the intention of the City Commission of the City that the provisions of this Ordinance shall become and be made a part of the Code of Ordinances of the City; and that sections of this Ordinance may.be renumbered or relettered and the word "ordinance" may be changed to "chapter", "section", "article", or such other appropriate word or phrase in order to accomplish such intentions; and regardless of whether such inclusion in the Code is accomplished, sections of this Ordinance may be renumbered or relettered and the correction of typographical errors which do not affect the intent may be 006.136292.1 -10- authorized by the City Manager, without need of public hearing, by filing a corrected or recodified copy of same with the City Clerk. SECTION 5. Effective Date. This Ordinance shall become effective immediately upon passage and adoption. PASSED AND ADOPTED this day of ,1999. • APPROVED: ATTEST: CITY OF OCOEE, FLORIDA Jean Grafton, City Clerk S. Scott Vandergrift,Mayor (SEAL) ADVERTISED May 20 ,1999 READ FIRST TIME May 18 , 1999 READ SECOND TIME AND ADOPTED ,1999 UNDER AGENDA ITEM NO. • FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA; APPROVED AS TO FORM AND LEGALITY this day of ,1999. FOLEY & LARDNER By: City Attorney 006.136292.1 -11- p EXHIBIT "A" • O C OEE TRANSPORTATION IMPACT FEE UPDATE IMPACT.FEE S CIEEDULE Land Use I Unit of Measurement j Net Impact Fee RESIDENTLAL Dwelling Unit $1,866.76 Single Family Apartment Dwelling Unit 51,293.27 Dwelling Unit $1,143.07 Condominium/Townhouse5938.26 Mobile Home Dwelling Unit LODGING Hotel-Motel I Occupied Room I $1,619.62 OFFICE SF . S2,978.85 less than 100,000 SF 1,000 $2,308.64 100,000 to 200,000 SF 1,000 SF SF $2,050.63 greater than 200,000 SF 1,000 $6,154.48 Medical-Dental Office Building 1,000 SF RETAIL , less than 50,000 SF 1,000 SF GLA $4,361.41 $2,886 29 50,000 to 100,000 SF 1,000 SF GLA 100,000 to 199,999 SF 1,000 SF GLA • S3,032.38 200,000 to 299,999 SF 1,000 SF GLA $3,405.99 300,000 to 399,999 SF 1,000 SF GLA $3,473.55 • 400,000 to 499,999 SF 1,000 SF GLA S3,451.60. 500,000 to 999,999 SF 1,000 SF GLA S3,777.94 1,000,000 to 1,250,000 SF 1,000 SF GLA 53,922.58 greater than 1,250,000 SF 1,000 SF GLA S3,777.78 Convenience Market with Gas Pumps Fueling Position $8,854.85 Gasoline/Service Station Fueling Position S3,300.94 Restaurant,Fast Food 1,000 SF $12,927.46 Restaurant,High Turnover(Sit-Down) 1,000 SF S 12,179.78 Restaurant,Quality 1,000 SF $13,254.81 New Car Sales 1,000 SF $4,993.85 Pharmacy/Druostore 1,000 SF $4,288.11 Quick Lubrication Vehicle Shop Servicing Positions $783.33 Video Rental Store 1,000 SF S690.89 Wholesale Tire Store Service Bay $1,017.05 SERVICES Drive-In Bank 1,000 SF $4,888.14 Walk-In Bank • • 1,000 SF $2,884.12 INSTITUTIONAL Day Care Center I 1,000 SF I $4,172.57 MEDICAL Hospital I 1,000 SF I $2,944.56 Nursing Home 1,000 SF $279.54 INDUSTRIAL Light Industrial 1,000 SF S 1,565.67 Manufacturing 1,000 SF $858.09 Mini-Warehouse 1,000 SF • $387.71 Warehousing 1,000 SF $1,114.17 . PORT AND TERMINAL Truck Terminal [ 1,000 SF [ $2,212.61 The Orlando Sentinel 1 i NOTICES • RING , Published Daily CITY OF OCOEE • NOTICE OF PUBLIC HEARING TO CONSIDER'AN ORDINANCE OF THE CITY OF OCOEE,FLORIDA; } } RELATING TO ROAD IMPACT FEES 71aLQ Of,f rorlby�� - NOTICE IS HEREBY GIVEN pursuant S.S. to Section 153-13(D)of Article II of the COUNTY OF ORANGE • Code of the City of Ocoee,that on June 1, at 7:15 p.m.,or as soon there- afterer a as practical, the OCOEE CITY COMMISSION will hold a PUBLIC Before the undersigned authority personally appeared CoARINGmmies at a regula Ocoee at city B r i�Y C•SZ� NS Commission Chambers. Oc000 Clly 'Hall,150 North Lakeshore Drive,Ocoee, who on oath says Florida,to consider an ordinance of the that he/she is the Legal Advertising Representative of The Orlando Sentinel, a daily •Impact fees, ;Florida;relating to road newspaper published at i) LAND O D R AN G F County, Florida; ORDINANCE N0.99-24 I AN ORDINANCE OF THE t tha the attached copy of advertisement, being a CITY OF 0 C O EF NOT OF OCOEE,FLORIDA;RELATING in the matter of ORD_ 99_24 TO ROAD IMPACT FEES; AMENDING SECTIONS 87-1 in the Q R a THROUGH 87-13,INCLUSIVE OF was published in said newspaper in the issue;of s Court, ARTICLE I OF CHAPTER 87 OF 5�" f�� THE CODE OF ORDINANCES OF THE CITY OF OCOEE WITH RE- SPECT TO INTENT, ALTERNA- TIVE FEE CALCULATIONS, DE- VELOPMENT AGREEMENTS, ROAD IMPACT FEE CREDITS, Affiant further says that the said Orlando Sentinel is a newspaper published at AND USE•OF FUNDS; REPEAL- n VESTED RIGHTS, EXEMPTIONS a? A N D Q in said ING SECTION 87-14 OF ARTICLE I 4 g A N r. I OF CHAPTER 87 OF THE CODE and that the said newspaper has heretofore been continuously puCountblished in' OF ORDINANCES OF THE CITY said A'y i COF OCOEE RELATING TO SCHEDULED FEES AND ADOPT- each Week Day and has been entered as second-class mail matter at the post ING 'A NEW SECTION 67.1a office in O�i L A J)n WHICH UPDATES AND REVISES 0 1;A'sl G F in said _THE ROAD IMPACT FEE SCHED• for a period of one year next preceding the first publication of theCount attached ULE OF FEES AND ESTABLISHES CONNEC- TION THEREWITH CATEGORIES copy of advertisement; and affiant further says that he/she has neither paid NEW LAND USE FOR THE PURPOSE OF DETER- nor promised any person, firm or corporation any discount, rebate, PACT APPLICABLE ROAD IM- FEES,- ROVIDING FOR commission or refund for the purpose securin this advert' ement for SEVERABILIITYP PROVIDING FOR publication in the said newspaper: CODIFICATION;PROVIDING AN EFFECTIVE DATE. The complete case file,Including a le- The foregoing instrument was ackn [edged before e this 20th gal description of the right-of-way to be day of abandoned and vacated, may be In- spected 19 99, by FVERLY C•SINA'iONS spected at the Ocoee Planning Depart- ment, 150.North Lakeshore Drive,be- , who is personally known to me w o did take an ath. tween the hours of 8:00 a.m.and 5:00 d p.m., Monday through Friday,except T legal holidays. The City Commission may continue the (SEAL) • public hearing to other dates and timesas they deem necessary. Interested 4 pF FAO LISANDR ANCHEZ parties shall be advised that the dales, 1 imes,and places of any continuation of :NOTARY o My Comm Exp.9/23/2002 this or continued public hearings shall w PUBLIC -1' be announced during the hearing and No.CC 777537 that no further notices ra©ardino 7hu•o .Metter•will bo published. Personally own (1 Other I.D. Known parties may appear at the meeting and be heard with respect to the application.Any person who de- sires to appeal any decision made dur- ing the public hearing may need to en- sure that a verbatim record of the proceeding is made which includes the testimony and evidence upon which the ' appeal is based.Persons with disabili- ties needing assistance to participate in any of the proceedings should contact ' the City Clerk's Office 48 hours in ad- . Vance of the meeting at(407)656.2322. JEAN GRAFTON, CITY'CLERK, CITY . OF OCOEE . May2717741 y 20,1999 OL MAY 20,1999 1