The URL can be used to link to this page

Home My WebLink AboutVI (A) Ordinance No. 99-24, Road Impact Fee Agenda 6-15-99 Item VI A "CKN'TER OF GOOD LIVING-PRIDE OE WEST ORANGE" MAYOR•COMMISSIONER t S.SCOTT VANDERGRIPT Ocoee T CITY OF OCOEE COMMISSIONERS %ry o DANNY HO\YELL �'� ISO N. LAKFSHORF.DRIVI'. SCOTT SHIN SON C.0 ��riii d� O150 N FLORIDAKESHORE DRIVE ICO TV NDE SON ONANCY I.PARKER re @� (407)656-2322 Gn'MANAOER +F4 Of G000�`, ` ELLIS SHAPIRO MEMORANDUM TO: The Honorable Mayor and City Commissioners FROM: Brad Friel, AICP, Capital Projects/Transportation Planner SF THRU: Russ Wagner, AICP, Director of Planning* DATE: June 11, 1999 SUBJECT: Ordinance No. 99-24 Road Impact Fees Background: At the last City Commission meeting there was considerable discussion regarding the technical aspects of the latest impact fee update to include alternative impact fee studies and the possibility of keeping the residential impact fees as they exist today. Ultimately, the Commission decided to continue the public hearing directing staff to meet and consider the issues discussed during the hearing. Since that time, staff has researched several issues that are believed to be relevant to the discussion at hand. These issues are briefly discussed below. Discussion: The Transportation Impact Fee Update, and the discussion that has taken place during the public hearing is actually part of a process that was started in the fall of 1997. At that time, the City Commission directed Staff to update Ocoee's Transportation Master Plan to determine the City's existing and future transportation, ( roadways, sidewalks, bike paths and transit), deficiencies as well as what improvements would be needed to maintain the standards set by the City Commission as part of the State mandated concurrency / growth management regulations. This task began with an extensive inventory of the City's existing residential and commercial land uses to determine population, employment and school enrollment. Using the existing inventory and the City's adopted Comprehensive Plan and Future Land Use Map, Staff developed a forecast of residential and commercial growth through the year 2020. This population and employment data was then provided to SAIC who, using a methodology developed by the State, forecasted Ocoee's future traffic and transportation needs. The cost of the needed transportation improvements total over $137 million of which $85 million is anticipated to be the City's responsibility. The remaining amount is the responsibility of the County or State. p.\calexantler\all_tlata\capdfil&memorandums\mfp99132.tloc H The Honorable Mayor and City Commissioners Page 2 Once these needs were established and presented to the City Commission in the Fall of 1998, the next step was to determine how to pay for these improvements. Again, at the City Commission's direction, SAIC was called upon to assist the City to update the Road Impact Fee Schedule. Using a formula which accounted for gas tax receipts, developer contributions, other general revenue sources and impact fees already collected, it was determined that approximately $50 million of the $85 million needed for Ocoee's transportation improvements was directly related to projected new growth and therefor, could be paid for with impact fees. Using the roadway construction cost and the nationally accepted ITE ( Institute of Transportation Engineers) trip generation data, the fair share of the growth induced roadway needs was calculated for a wide range of land uses. These land use types are shown in the Road Impact Fee Schedule. As stated previously, the Road impact Fee Schedule recommended by staff is the culmination of a process that was begun nearly two years ago and was intended to be a comprehensive blueprint that would provided guidance to the City with regard to the investment in roadway infrastructure. Without widening or building new roads, the City's existing roads will be quickly overrun with traffic. Since growth will undoubtedly continue in Ocoee because of 1) the availability of land; 2) very desirable access to the East-West Expressway, Florida Turnpike and the Western Beltway; and 3) the fact that Ocoee is in the heart of one of the fastest growing regions in the State as well as the country; it is important that the City develop and implement a transportation plan that will incorporate the issues discussed below: Concurrency- The State mandates that the City monitor certain infrastructure and services that must be available to serve new development as that development occurs. Specifically, the City monitors roads, sanitary sewer, solid waste, drainage, potable water and parks and recreation. In the event that any of these facilities or services are not available concurrent with development, the City can not issue a building permit until steps are taken to restore the facility or service to a specific standard. Impact fees help the City ensure that its roads do not fall below acceptable standards. Safety - The safety of motorists is a critical concern of the City. All residential, commercial and public facilities are designed to ensure a motorist can safely travel from point A to point B, access properties, as well as provide a safe environment for pedestrians and bicyclists. Roads that become overcrowded may lead to unsafe driving conditions, such as vehicles unexpectedly stopping in congested areas or motorists who cut through parking lots and residential neighborhoods to avoid congested areas. Quality of Life - Ocoee has become a very desirable place to live and work because it has been able to maintain a quality of life that has disappeared from other communities. The ability to drive to work and shopping or to visit friends without the stress of congested roads can be considered a positive attribute when residents think about their quality of life in Ocoee. Business and Economic Impacts - Typically businesses need a certain level of access to roads so that their customers and employees can safely get to their place of business. As traffic worsens and no roadway improvements are made, businesses and homeowners begin to consider relocating to areas with less congestion and safer roads. One reason CFI relocated to Ocoee was because of the City's commitment to widen Professional Parkway. p:\calexander\art_data\capdfiie\memorandums\mfp99132.doc The Honorable Mayor and City Commissioners Page 3 Legal Considerations - Please see the attached memorandum from Paul Rosenthal, City Attorney. Financial Considerations - Please see the attached memorandum from Wanda Horton, Finance Director. Staff Recommendation: Based upon the findings and conclusions adopted as part of the Ocoee Transportation Master Plan and the Transportation Impact Fee Update as well as the considerations discussed above, Staff continues to recommend adoption of Ordinance No. 99-24 pertaining to Road Impact Fees. Attachments. Memorandum from Paul Rosenthal,Esq., City Attorney Memorandum from Wanda Horton,Finance Director p:\calexander\all_data\capdfile Vnemorandums\mfp99132 doc FOLEY & LARDNER MEMORANDUM CLIENT-MATTER NUMBER 020377-0107 TO: The Honorable Mayor and City Commissioners of the City of Ocoee FROM: Paul E. Rosenthal, Esq., City Attorney DATE: June 8, 1999 RE: Ordinance No. 99-24 Relating to Road Impact Fees At the last City Commission meeting the staff presented proposed Ordinance No. 99-24 which would amend the current Ocoee Road Impact Fee Ordinance (the `Proposed Ordinance"). The Proposed Ordinance is based on the City of Ocoee Transportation Impact Fee Update dated November 1998 as prepared by SAIC, the City's transportation consultant (the "Study"). The Study recommended changing the methodology by which the City calculates its road impact fee from an improvements driven approach to a standards driven approach. Based upon this new methodology, the recently adopted Transportation Master Plan, the most current traffic data and the latest edition of the ITE Manual (which sets forth generally accepted trip generation rates for certain types of uses), the Study proposed a new schedule of impact fees. At the public hearing concerns were expressed by the City Commission regarding the proposed increase in road impact fees on residential developments. Additionally, a representative of Hudson Furniture addressed other issues, including the fairness of the proposed rate schedule on furniture stores. The motion under consideration differs from the recommendation of staff and SAIC in that it proposes to adopt ordinance No. 99-24 with the schedule of fees being revised to reflect no change in the current road impact fees for residential dwelling units (the "Proposed Amended Ordinance"). The purpose of this memorandum is to bring to the attention of the Commission legal issues affecting the consideration of the Proposed Ordinance, the Proposed Amended Ordinance and other amendments which may be considered. Although impact fees are used extensively in Florida, there currently does not exist specific impact fee enabling legislation. As a result, the law regarding the adoption of impact fees has been developed through the judicial system. The standard for review in Florida is the "Rational Nexus Test" standard. According to this standard, an impact fee is permissible if a rational nexus can be shown between the tee charged and the projects impact. In other words, the standard requires that the impact fee be proportional to the need created by Draft -06/1 /99 006.142492.1 the development. This standard requires that the impact fee charged must be no greater than the fee payers proportionate share of the capital costs that will be incurred in meeting the needs of new development. In order to support impact fee ordinances, local governments typically undertake a study which demonstrates compliance with the "Rational Nexus Test" standard. Any ordinance considered by the City Commission must meet these standards or face the prospect of a successful challenge to invalidate the ordinance or portions thereof. Further, any ordinance which is not based upon a valid study would be subject to a potential challenge. In our opinion, the Proposed Ordinance meets the legal requirements of the rational nexus test. This conclusion is based on the Study which is the fabric of the Proposed Ordinance. After reviewing this matter with SAIC, they feel comfortable defending any challenges to the Proposed Ordinance, including any challenge to the inclusion of furniture stores within the "retail" land use category. With respect to the Proposed Amended Ordinance, our discussions with SAIC indicates that they do not believe that the Study could be used to support the rate schedule in the Proposed Amended Ordinance. Further, with the possible exception of a rate reduction for "affordable housing projects", they do not believe that a study can be prepared which would support the allocation of costs between residential and non-residential land uses as proposed by the City Commission. By freezing the residential road impact fees the City changes the proportionate relationship between the impacts of development within the various land use categories. Additionally, the City would fail to take into account the findings in its adopted Transportation Master Plan. In the absence of a study to support the proposal, the entire road impact fee schedule could be challenged, or, alternatively, a challenge could be made to reduce the charges in the non-residential categories based on a disproportionate impact on non- residential land uses relative to the transportation impacts of non-residential land uses. The potential of refunding road impact fees as a result of a court challenge would likely cause budgeting uncertainty with respect to future fees which might be collected pursuant to the Proposed Amended Ordinance. In our opinion, it is unlikely that the City would be able to demonstrate a "rational nexus" for the Proposed Amended Ordinance. In fact, the record of the hearings would reflect that the reduction is based on a desire to avoid an increase in residential impact fees and not on any documentation indicating that the Study incorrectly analyzed the transportation impacts of residential development. In light of the foregoing, we would recommend against adoption of the Proposed Amended Ordinance or any ordinance which materially deviates from the rate proposals set forth in the Study. Continuation of the current Road Impact Fee Schedule also could subject the City to legal challenges since the current schedule does not take into account the recently adopted Ocoee Transportation Master Plan, the Study or current data. However, given the choice between adoption of the Proposed Amended Ordinance and no action, it would be my recommendation that the City would have a better chance of successfully defending a challenge to the current schedule. If no ordinance is adopted, this would leave the current fee schedule in place, including the right to seek an alternative impact fee based on the criteria set forth in the Code. The ability to administratively challenge the current schedule is an important element of the ordinance which reduces the prospect of a challenge. 006.142492.1 -2- Finally, representatives from Hudson Furniture requested that the City establish a separate "furniture store category" rather than including that use in general retail. We have reviewed their proposal with City staff and SAIC. Our transportation consultant believes that furniture stores can legitimately he included within the general retail category and that the ability to convert a furniture store to other retail uses and thereby avoid a higher fee argues against creating a separate furniture store category. We are not aware of any Florida case which would require that the City establish a separate furniture store category under these circumstances. Of course, as a policy matter, the City could request that SAIC revise the Study to reflect a broader range of retail uses, including furniture stores. RECOMMENDATION It is our recommendation that the City Commission adopt the Proposed Ordinance as recommended by staff and that no changes be made to the rate schedule proposed by SAIC. Alternatively, it is our recommendation that no action on the ordinance is a better course of action than adoption of the Proposed Amended Ordinance. 006-1424921 -3- (TA'TER OF GOOD 1117AG-PRIDE OF II EST OR I?'OE" NI a rfR•('rniws,simfe S-SCOT V: NDERGRIFI Ocoee "SIv �� . ,M � CITY OF OCOEE D1VNV II0N LI I •.‘ tit' Ei _ 1 Il0 N. I nArSlloar[ART 5( 0I I ANI)IRSON rr O� OCULL. 34761-2258 RUSTY JOHNSON V1VCY I PAR:IR re (407)656-2322 ? (Ill M‘SAI,IK OF GOOD v� LI.I.IS SHAPIRO Memorandum To: The Honorable Mayor and City Commissioners From: Wanda Horton, Finance Director.! 4f Date: June 9, 1999 Re: Ordinance No. 99-24 Road Impact Fees This memorandum is to address the financial implications should concurrency stop growth thus posing the risk of loss of revenues. Revenue projections for all existing bond issues are based upon a projected number of new homes and commercial facilities annually in the City leading to additions to the customer base. These projected numbers vary from 350 residential units per year to 450 residential units per year. Currently annual debt service requirements are as follows: Transportation Bonds SI,138,535.00 Stormwater Bonds S 210,487.52 Capital Improvement Bonds S 713,327.50 Water/Wastewater Bonds $1,342,476.26 During the process of obtaining the last two bond issues, staff advised the Commission that should we experience a downturn in the economy (i.e.-slowdown in building) it would be necessary to fund the debt service from the General Fund revenues (by raising the millage rate if necessary) and/or raising user rates. The attached schedule compares the revenues generated for each of the scenarios. City of Ocoee Projected Revenue Comparison EXISTING PROPOSED ADJUSTED PROPOSED Units Rate Revenue Rate Revenue Rate Revenue 2005 Single Family Residential 4450 $ 1,395 $ 6,207,750 $ 1867 $ 8,307082 $ 1.395 $ 6,207,750 Multi Family Residential 2550 $ 945 $ 2,409,750 $ 1,293 $ 3,297,839 $ 945 $ 2409,750 $ - Industrial 440 $ 1.018 $ 447,999 $ 1,566 $ 688,895 $ 1,566 $ 689,040 $ - Service 1431 $ 2,422 $ 3,465,896 $ 2,979 $ 4,262.734 $ 2,979 5 4,262.949 $ Commercial 1017 $ 5,757 $ 5,854,808 $ 4,361 $ 4,435.554 $ 4,361 5 4435.137 Total $ 18,386,203 $ 20,992,104 $ 18,004,626 2010 Single Family Residential 7400 $ 1,395 $ 10,323,000 $ 1,871 $ 13,845,400 $ 1,395 10,323.000 Multi Family Residential 3300 $ 945 $ 3,118,500 5 1,296 $ 4,276.800 $ 945 3,118.500 Industrial 732 $ 1,018 $ 745,176 $ 1,569 $ 1,148,508 $ 1,566 1,146312 Service 2379 $ 2,422 $ 5,761,938 $ 2,985 $ 7,101,315 $ 2,979 7,087.041 Commercial 1691 $ 5,757 $ 9,735,087 $ 4,371 $ 7,391.361 $ 4,351 7,374.451 Total $ 29,683,701 $ 33,763,384 29,049,304 2020 Single Family Residential 11350 $ 1,395 $ 15,833,250 $ 1,871 $ 21,235,850 $ 1,395 $ 15,833.250 Multi Family Residential 3950 $ 945 $ 3,732,750 $ 1,296 $ 5,119,200 $ 945 $ 3,732.750 Industrial 1123 $ 1.018 $ 1,143,214 $ 1,569 $ 1,761,987 $ 1,566 $ 1,758,618 Service 3649 $ 2,422 $ 8,837,878 $ 2,985 $ 10,892,265 $ 2,979 $ 10,870.371 Commercial 2594 $ 5,757 $ 14,933,658 $ 4,371 $ 11,338.374 $ 4,361 $ 11,312,434 Total $ 44,480,750 $ 50,347,676 $ 43,507,423 Page 1 Agenda 6-01-99 Item VI B "CENTER OF GOOD LIVING-PRIDE OF WEST ORANGE" MAYOR•COMMISSIONER S.SCOTT VANDERGRIFT Ocoee COMMISSIONERS O� _ �' CITY OF OCOEE COMMISSIONERS HOWELL 1p 44 I 150 N. LAKESHORE DRIVE SCOTT ANDERSON �� ...riii a RUSTY J. HNSON PARKER OCOEE, FLORIDA34761-2258 pNANCY J.PARKER (407)656-2322 �'{f �� CITY MANAGER `\Fq Of GOO�` ELLIS SHAPIRO STAFF REPORT DATE: May 27, 1999 TO: The Honorable Mayor and City Commissioners p� FROM: Brad Friel, AICP, Capital Projects/Transportation Planner -1%— THROUGH: Russ Wagner, AICP, Director of Planning 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 govemments, including Orange County, use the standards driven approach. The standards driven nil . i i 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:°roee Impact Fee Comparison Table 2 and Figure 1:Transportation Impact Fee Comparison Minutes o/December 8, 1998 City Commission/Planning and Zoning Commission Workshop Ordinance Number 99-24 Table 1 OCOEE IMPACT FEE COMPARISON Land Use Existing Impact Updated Unit Fee Impart Fee Difference RESIDENTIAL Single Family Dwelling Unit 1395.06 $1,865.97 $470.91 Apartment Dwelling Unit 945.14 51,292.73 5347.59 Condominium/Townhouse Dwelling Unit 856.03 $1,142.59 $286.56 Mobile Home Dwelling Unit 702.64 8937.86 5235.22 LODGING Hotel-Motel Occupied Room 138046 $161893 3238.47 OFFICE less than 100,000 SF 1000 SF 2422.01 52,977.60 5555.59 100,000 to 200,000 SF 1,000 SF 1856.68 52,307.67 5450.99 greater than 200,000 SF 1,000 SF 1573.28 52,049.77 $476.49 Medical-Dental Office Building 1,000 SF NC 56,15189 NA RETAIL less than 50,000 SF 1,000 SF GLA 5756.94 $4,359.57 -$1,397.37 49,999 to 100,000 SF I,000 SF GLA 5749.71 S2,885.07 42,864.64 100,000 to 199,999 SF 1,000 SF GLA 5408.9 $3,031.10 -$2,377.80 200,000 to 299,999 SF 1000 SF GLA 4905.42 $3,404.55 41,500.87 300,000 to 399,999 SF 1,000 SF GLA 458221 53,472.09 -41,110.12 400,000 to 499,999 SF 1,000 SF GLA 4287.93 53,450.15 -5837.78 500,000 to 999,999 SF 1,000 SF GLA 387162 $3,776.35 49527 1,000,000 to 1,250,000 SF I,000 SF GLA 3643.82 83,92093 $277.111 greater than 1,250,000 SF 1000 SF GLA 3595.89 $3,776.19 $180.30 Convenience Market with Gasoline Pumps Fueling Position 12682.08 $8,851.12 -S3,830.96' Gasoline/Service Station Fueling Position 3317.81 53,299.55 -$1826 Restaurant,Fast Food 1,000 SF 3010663 Si 2,922.02 -$17,184.66 Restaurant,High Turnover(Sit-Down) 1,000 SF 7275.31 512,174.65 84,899.34 Restaurant,Quality 1,000 SF 729155 $13,249.23 85,957.68 New Car Sales 1,000 SF NC 84,991.75 NA Pharmacy/Drugstore 1,000 SF NC 54,28631 NA Quick Lubrication Vehicle Shop Servicing Positions NC $783.00 NA Video Rental Store 1,000 SF NC S690.60 NA Wholesale Tire Store Service Bay NC $1,016.62 NA SERVICES Drive-In Bank 1,000 SF 11622.56 54,886.08 -$6,736.48 Walk-In Bank 1,000 SF 6161.65 $2,882.90 -$3,278.75 INSTITUTIONAL Day Care Center 1,000 SF 5673.37 54,170.82 -51,502.55 MEDICAL Ilospital 1,000 SF 2451.22 $2,943.32 S492.10 Nursing Home 1,000 SE 379.81 5279.42 -$100.39 INDUSTRIAL Light Industrial 1,000 SF 1018.18 $1,56501 $546.83 Manufacturing 1,000 SF 562.471 $857.73 $29526 Mini-Warehouse 1,000 SF 381.27 5387.54 $6.27 Warehousing 1,000 SF 712.87 $1,113.70 $400.83 - - PORT AND TERMINAL Truck Terminal I1,000 SF I NC I $2,211.681 NA Table 2 TRANSPORTATION IMPACT FEE COMPARISON Jurisdiction Single Family(per unit) Retail(less than 50,000 square feet) Ocoee(updated draft) $1866 $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 Wnler Garden $1284 $2,374 'Note-Development within Seminole County cities are assessed both a Ciry and County inpact fee. Figure 1 TRANSPORTATION IMPACT FEE COMPARISON Transportation Impact Fee Comparison $12000 av- :s - ° '� in single :17-_�`x 0-. `af� . a. .2:0 Ps. vf» Family $10000 _ -c TM ,.,,, T ,,Sa � c. s 3 j (per : ' a"R. ?h� -T unit) '^ _ $8000 ^ _ 3 $6000 x--'`°' }' ,al b �' y -V/ ;I ■Retail (less $4,000- ��k¢Fs ei s3aT ' ': ..±5ri ¢pL ] than $2.00$00 ' ld, a' , 4' P . � VI t3' . II 50,000 square feet) ,Si a 0 S� ° ° C', a \JQaa`e •.dp PQ0 y¢•'Oe�1 a zc G0 O`1 O4¢a OD Gala¢ e is e �¢ `es O¢Oe¢O°°am de, Gstea se, �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 WILL NEED A RECORD OF THE PROCEEDLNGS AND FOR THIS PURPOSE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE WHICH INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS BASED. ALSO, IN ACCORDANCE WITH FLORIDA STATUTE 286.26: PERSONS WITH DISABILITIES NEEDING ASSISTANCE TO PARTICIPATE IN ANY OF THESE PROCEEDLNGS SHOULD CONTACT THE OFFICE OF THE CITY CLERK, 150 N. LAKESHORE 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. 2 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. 3 Ocoee City Commission Workshop December 8, 1998 ADJOURNMENT The workshop was adjourned at 7:35 p.m. APPROVED: Attest: CCD of Ocoee x7bt a J Grafton, City Clerk S. Scott Vandergrift, Mayo 4 Agenda 5-18-99 Item VII A "CENTER OF GOOD LIVING-PRIDE OF WEST ORANGE" MAYOR•COMMISSIONER S.SCOTT VANDERGRIFT Ocoee Croryci COMMISSIONERS CITY OF OCOEE DANNY HOWELL V 0 150 N. LAKESHORE DRIVE SCOTT ANDERSON RUSTY JOHNSON v /\ p OCOEE, FLORIDA 34761-2258 NANCY J. PARKER „ @v (407)656-2322 �r\/J` CITY MANAGER F4 OF G000�` ELLIS SHAPIRO STAFF REPORT DATE: May 13, 1999 TO: The Honorable Mayor and City Commissioners FROM: Brad Friel,AICP, Capital Projects/Transportation Planners' THROUGH: Russ Wagner, AICP, Director of Planning Rik 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 The Honorable Mayor and City Commissioners May 13, 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. 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. Attachments: Table 1.Ocoee Impact Fee Comparison Table 2 and Figure 1.Transportation Impact Fee Comparison Minutes of December&. 1998 City Commission/Planning and Zoning Commission Workshop Ordinance Number 99-24 Table 1 OCOEE IMPACT FEE COMPARISON Existing Impact Updated Land Use Unit Fee Impact Fee Difference RESIDENTIAL Single Family Dwelling Unit 1395.06 $1,865.97 5470.91 _ Apartment Dwelling Unit 945.14 $1292.73 $347.59 CondominiurniTownhouse Dwelling Unit 856.03 $1,142.59 $286.56 Mobile Home Dwelling Unit 702.64 5937.86 S235.22 LODGING Hotel-Motel Occupied Room 1380.46 $1,618.93 $238.47 OFFICE less than 100,000 SF 1,000 SF 2422.01 $2,977.60 S555.59 100,000 to 200,000 SF 1000 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 $4,359.57 -$1,397.37 49,999 to 100,000 SF 1,000 SF GLA 5749.71 $2,885.07 -$2,864.64 100,000 to 199,999 SF 1,000 SF GLA 5408.9 $3,031.10 42,377.80 200,000 to 299,999 SF 1,000 SF GLA 4905,42 $3,404.55 -$1,500.87 300,000 to 399,999 SF 1,000 SF GLA 4582.21 $3,472.09 -SI,110.I2 400,000 to 499,999 SF 1,000 SF GLA 4287.93 $3,450.15 -$837.78 500,000 to 999,999 SF 1,000 SF GLA 3871.62 $3,776.35 -$95.27 1,000,000 to 1,250,000 SF I,000 SF GLA 3643.82 $3,920.93 $277.11 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 43,830.96 Gasoline/Service Station Fueling Position 3317.81 $3,299.55 -$18.26 Restaurant,Fast Food 1,000 SF 30106.68 $12,922.02 -$17,184.66 Restaurant,High Turnover(Sit-Down) 1,000 SF 7275.31 $12,174.65 $4,899.34 Restaurant,Quality 1,000 SF 7291.55 $13,249.23 $5,957.68 New Car Sales 1,000 SF NC $4,991.75 NA Pharmacy/Drugstore 1,000 SF NC $4,286.31 NA Quick Lubrication Vehicle Shop Servicing Positions NC $783.00 NA Video Rental Store 1,000 SF NC $690.60 NA Wholesale Tire Store Service Bay NC $1,016.62 NA SERVICES Drive-In Bank 1,000 SF 11622.56 $4,886.08 -$6,736.48 Walk-In Bank 1,000 SF 6161.65 $2,882.90 -$3,278.75 INSTITUTIONAL Day Care Center 11,000 SF 5673.37 $4,170.82 -$1,502.55 MEDICAL Hospital 1,000 SF 2451.22 $2,943.32 $492.10 Nursing Home 1,000 SF 379.81 $279.42 -$100.39 INDUSTRIAL Light Industrial 1,000 SF 1018.18 $1,565.01 S546.83 Manufacturing 1,000 SF 562.471 $857.73 $295.26 Mini-Warehouse 1,000 SF 381.27 S387.54 $6.27 Warehousing 1,000 SF 712.87 $1,113.70 $400.83 PORT AND TERMINAL Truck Terminal 1O00 SF NC $2,211.68 NA Table 2 TRANSPORTATION IMPACT FEE COMPARISON Jurisdiction Single Family(per unit) Retail(less than 50,000 square feet) Ocoee(updated draft) $1,566 $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 81,284 $2,374 *Note:Development within Seminole County cities are assessed both a ay and County impact fee. Figure 1 TRANSPORTATION IMPACT FEE COMPARISON Transportation Impact Fee Comparison $12,000 , + ❑Single � � - »m„• J Family $10000 (Per unit) $8000 kik.ryteedt.`.bat eirer $6000 -a i ' t ._ , � �{ ,� � . �. ■Retail N. $4000 � [ �.1T Li- than $2 o$og- ' �] 50,000 {' 1 square feet) al 1 a 0 <1 ao ao e? \�qaa\ a ` �a\°0 QQogt- za\,o° ya a°ecp) OCO' O°\a0°Jaai/ °aav o°oa Oo o 0a `act °° mac ICI O O 5a 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 WILL NEED A RECORD OF THE PROCEEDINGS AND FOR THIS PURPOSE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE WHICH INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS BASED. ALSO, IN ACCORDANCE WITH FLORIDA STATUTE 286.26: PERSONS WITH DISABILITIES NEEDING ASSISTANCE TO PARTICIPATE IN ANY OF THESE PROCEEDINGS SHOULD CONTACT THE OFFICE OF THE CITY CLERK, 150 N. LAKESHORE 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 nwmbers 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. 2 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. 3 Ocoee City Commission Workshop December 8, 1998 ADJOURNMENT The workshop was adjourned at 7:35 p.m. APPROVED: Attest: City of Ocoee tin Grafton, City Clerk S. Scott Vandergrift, Mayor 4 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 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 an estimate of transportation demand analysis-of �^^ ems-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 } Fee Final St d. .dateA 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. oos.t asssz.t Z- § 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 forthe-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 Fcc Update Study, dated 1995, and shall be compatible with assumptions used for development of an standards imprevemeats-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 eendueted more than two (2) years old p it^ the effective date of this Article 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 ystem. 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 fi• e-.. red 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 •• �'-^ '•^^-^• -•-• a- • en ' stung. 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: 006.136292.1 (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. . 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 5- 006.136292.1 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. generalpublic e. 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 6- 006.136292.1 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. 006.136292.1 7- B. The city specifically acknowledges the existence and validity of various he fa, ow`� ng 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. 006.136292.1 8- (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 cellested--a.111 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 expended or encumbered on the date the city receives the application. 9- 006.136292.1 § 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 -10- 006.136292.1 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 Y1ay 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 -11- 006.136292.1 EXHIBIT "A" OCOEE TRANSPORTATION IMPACT FEE UPDATE IMPACT FEE SCHEDULE Land Use I Unit of Measurement Net Impact Fee RESIDENTLALSi Dwelling Unit SI,866.76 Apartment nglflene Family Dwelling Unit 5129327 Con omin Condominium/townhouse Dwelling Unit 51,14307 Mobile Home Dwelling Unit S938.26 LODGING Hotel-Motel Occupied Room 51,619.62 OFFICE less than 100,000 SF $ 1, 2,308.64 000 SF S2,308.64 100,000 to 200,000 SF 1,000 SF greaterthan 200,000 SF 1,000 SF 52,050.63 Medical-Dental 1,000 SF 36,154.48 M Office Building RETAIL than 50,000 SF 1,000 SF GLA 54,361.41 50,000 to 100,000 SF 1,000 SF GLA 52,886.29 1,000 SF GLA 53,03238 100,000 to 199,999 SF 1,000 SF GLA 53,405.99 300,000 to 399,999 SF 53,473.55 300,000 to 399,999 SF 1,000 SF GLA 1,000 SF GLA 53,451.60 400,000 to 499,999 SF 500,0001,000 SF GLA 53,777.94 1,000,000 999,999 SF to 1,250,000 SF 1,000 SF GLA 53,922.58 gre250,000 SF 1,000 SF GLA 53,777.78 Conveniencethan 1, Market with Gas Pumps Fueling Position 58,854.85 Fueling Position 53,300.94 Rsiran Fasti FoodStadion S12927.46 Restaurant, 1,000 SF Restaurant,High Turnover(Sit-Down) 1,000 SF 512,179.78 1,000 SF 513,254.81 Neww Car I,000 SF Restaurant,Quality 1,000 Sales Pharmacy/Drugstore 1,000 SF 54,288.11 Quick Lubrication Lcation Vehicle Shop Servicing Positions 5783.33 VideoRental Store 1,000 SF S690.89 Wholesale Tire lirea Store Service Bay 51,01].05 SERVICES Drive-In Bank 1,000 SF 54,888.14 Walk-In Bank • 1,000 SF 52,884.12 INSTITUTIONAL Day Care Center 1 1,000 SF 54,172.57 MEDICAL Hospital I 1,000 SF S2,944.56 Nursing Home 1,000 SF S279.54 INDUSTRIAL 1,000 SF 51,565.67 Manufacturing 1,000 SF Light Industrial S858.09 1,000 SF 5387.71 Warehousing Mini-Warehouse 1,000 SF 51,114.17 PORT AND TERMINAL Truck Terminal I 1,000 SF S2,212.61 The Orlando Sentinel 11 NOTICESEAAINE CITY OFOCOEE Published Doily NOTICE OF PUBLIC HEARING TO CONSIDER AN ORDINANCE OF THE CITY OP OCOEE,FLORIDA; RELATING TO ROAD IMPACT FEES ..s.b tate of,gloriba I NOTICE IS HEREBY GIVEN°ulsuam Section 15au{DI 01 Pnlele II onn S.S. COUNTY OF ORANGE °199°9l at its of..OraslSoonn Theo° Theca- after practical. the OCOEE CITY COMMISS ION will old a PUBLIC HEARING a regular session at y Before the undersigned authoritypersonallya BEVEL2I,Y C.SIMMONS Commission cakeshore. IVS.Ocoee.City 9 ppeared__- Iida ocon idersn ordinancofthe who on oath sa s to ommanotmmd Y City of Ocoee.Florida:relating to road that he/she is the Legal Advertising Representative of The Orlando Sentinel,a daily impact lees newspaper published at n4L ONIfO in ORDINANCE No.99-24 0 24NfiF County, Florida; that the attached copy of advertisement,being a airy OF n rn N AN ORDINANCE OCOEE, FLORIDA;OF THE TIG in the matter of 04 99—? < OT OF ocDEE LOR RELATING; Q� 4 AMENDING SECTIONSTO ROAD IMPACT F 67-I in the 0 4A,Nf E - - THROUGHTI I OF CHAPTER INCLUSIVE of Court, THE CODE OF ORDINANCES OF was published in said newspaper in the issue;of 95/It R/qq THE CITY OF OCOEE WITH RE- SPECT— _ TO INTENT, ALTERNA- TIVE FEE CALCULATIONS. DE- VELOPMENT AGREEMENTS. ROAD IMPACT FEE CREDITS, VESTED RIGHTS. EXEMPTIONS Affiant further says that the said Orlando Sentinel is a newspaper published at AND USE•OF FUNDS;REPEAL. 0'; 'LyDQ in said INC SECTION 0T1a OF ARTICLE n t A N VI OF CHAPTER 87 OF THE CODE County, Florida, OOF F ORDINANCESOCOEE RELATING ELATING TO and that the said newspaper has heretofore been continuously published in SCHEDULED FEES AND ADOPT- said 0421 AgLu _County, Florida, INC A NEW SECTION 67-14 each Week Day and has been entered as second-class mail matter at the post WHICH UPDATES AND REVISES office in O+'L&N f10 in said THE ROAD IMPACT FEE SCHED- N"r Cuf.F County, Florida, ULE OF FEES AND IN CONNEC- TIONfor a period of one year next preceding the first publication of the attached EW THEREWITHNDU ESTABLISHESEGORI NEW LAND USE CATEGORIES Copy of advertisement: and a(f lent further says that he/she has neither paid FOR THE PURPOSE OF DETER- MINING APPLICABLE ROAD Mi- nor promised any person, firm or corporation any discount, rebate, PACT FEES PROVIDING FOR commission or refund for the purpose securinp this advert' amens for CODIFICATION;PROVIDING FOR publication in the said newspaper. d PI colnncnnoNl PROVIDING AN e. % '\J EFFECTIVE DATE. ._ The complele case ale Incwb.ay a le- eel desewtlon of Inc egnrol aDy m be The foregoing instrument was ackn legged before e this 20th day of andoned and vacated, may be - Yspectede al the Ocoee Planning Depaah 19 99 by ALY CSIMMONS 50 Norths Lakeshore m�°°cBoe- who is personally known to me td w o did take a ath. 00 m°°laoandav through Friday.except egalholidays -- The City Comm,sslon may continue the ublic hearing ID other dates ano limes (SEAL) as they deem necessaryinterested C6FF/O LISANDIR ANCHEZ partiesandplae1 any that Inadmas /. ,p na l beeamany thaata. MAR My Cdnm Exp.9/23/2W2 this orcon awed public hearings shall 4.1 ueLlc + e announced during the heann and No.CC 777537 Chat unnTdo tr eeum.h e.P=,enp� Pawwry Kmnn 1101MW I.D. Interested a tics 'may appear h at the meeting appl cation.Any person wo heard respect the de- sires to appeal any Benson made cur- ing the public hearing may need to sure that a verbatim record of the proceeding is made which includes the ony and evidence upon which the aeal is based.Persons with daabn^ hes needing assistance to panitlpate m Inany e CilynCle erk se Officedings e 45hhoursou °n°tac ad- vance of the meeting at(4071 B55-2322 JEAN GRAFION, CITY CLERK. CITY OF OCOEE May 20.$999 OL52717741 MAY201999