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Home My WebLink AboutVII(A) Kane's Furniture at Ocoee Alternative Road Impact Fee Calculation Agenda 11-04-2003 e Center of Good Levi Item VII A Mayor �'� ''.41 shim, " 11, Commissioners S. Scott Vandergrift ; _! A s; Danny Howell, District 1 ,. Scott Anderson, District 2 City Manager Rusty Johnson, District 3 Jim Gleason Nancy J. Parker, District 4 STAFF REPORT DATE: October 27, 2003 TO: The Honorable Mayor and City Commissioners FROM: Robert Lewis, AICP, Planning Manager 4171-- j THROUGH: Russ Wagner, AICP, Community Development Director SUBJECT: Kane's Furniture at Ocoee—Alternative Road Impact Fee Calculation ISSUE: Should the Mayor and City Commissioners approve a request for using an alternative road impact fee calculation for Kane's Furniture at Ocoee? BACKGROUND: The proposed Kane's Furniture store will be a 60,000 square foot retail building, located on the north side of SR 50, just west of its intersection with Clarke Road. The Final Site Plan was approved several months ago, with conditions, but construction has not yet begun. As part of the site plan approval, the Applicant was granted a waiver to allow fewer parking spaces than would normally be required for a retail building of this size, because the Applicant agreed to limit the use of the building to a furniture store only for 50 years. The Code allows an Applicant to propose an alternative road impact fee calculation for a new development project if the Applicant believes that the impact of the new development will be less than that derived using the standard schedule of fees provided in the Code (see attached Code Section 87-5). The proposed alternative road impact fee calculation must be reviewed by the Development Review Committee and approved by the City Commission. DISCUSSION: The standard schedule of road impact fees provided in the Code does not specifically identify a road impact fee for a furniture store, so the rate that would be applied to Kane's Furniture at Ocoee would be for a Retail use, between 50,000 and 100,000 square feet, which is $2,885.07 per 1,000 square feet(GLA). Using this rate, the road impact fee for Kane's Furniture at Ocoee would be $173,104.20 ($2,885.07 x 60 = $173,104.20). The Applicant believes that the Kane's Furniture store would have much less impact than other Retail uses because a furniture store will have a lot fewer customers visiting on any given day than other Retail uses of the same size. Therefore, the Applicant has presented a proposed alternative road impact fee calculation according to the requirements of Section 87-5. City of Ocoee • Planning Division • 150 N. Lakeshore Drive • Ocoee, Florida 34761 phone: (407) 905-3157 • fax: (407) 905-3158 • www.ci.ocoee.fl.us The Honorable Mayor and City Commissioners October 27, 2003 Page 2 of 2 The Applicant's proposed alternative road impact fee calculation was reviewed by the Development Review Committee (DRC) on October 8, 2003. During the discussion, the City's Traffic Consultant indicated that the methodology used for the alternative calculation was acceptable, except that the City's Consultant disagreed with some of the assumptions used by the Applicant's Consultant. The City's Consultant presented his analysis to the DRC, including different assumptions that resulted in a slightly higher rate than suggested by the Applicant's assumptions. It was agreed that a reduced road impact fee rate would be appropriate in this case because the Applicant had agreed to limit the use of the building to a furniture store only. When the discussion was finished, the DRC voted unanimously to recommend approval of an alternative road impact fee calculation for Kane's Furniture at Ocoee, using the rate suggested by the City's Traffic Consultant, which is $905.41 per 1,000 square feet for a total road impact fee of$54,324.60 ($905.41 x 60 = $54,324.60), based on the Applicant's agreement to limit the use of the building to a furniture store only for 50 years, subject to an administrative review of the rate if the City Commission increases the rate schedule prior to issuing a building permit. On October 15, 2003, Staff received a letter from the Applicant's attorney, James Soble (see attached letter, dated October 10, 2003), accepting the recommendation of the DRC for the proposed alternative road impact fee calculation. STAFF RECOMMENDATION: Based on the recommendation of the DRC, Staff respectfully recommends that the Mayor and City Commissioners approve the proposed alternative road impact fee calculation of $905.41 per 1,000 square feet for a total road impact fee of $54,324.60 for Kane's Furniture at Ocoee, based on the Applicant's agreement to limit the use of the building to a furniture store only for 50 years, subject to an administrative review of the rate if the City Commission increases the rate schedule prior to issuing a building permit. Attachments: Copy of Code Section 87-5:Road Impact Fee—Alternative Fee Calculation Copy of letter from Ruden McCiosky(Attorney James Soble)dated October 10,2003 OAStaff Reports\20031SR03099.doc CITY OF OCOEE IMPACT FEE SCHEDULES Section 87-5. Road Impact Fee-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 § 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 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 alternative road impact fee for 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 and shall be compatible with assumptions used for development of a standards-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 which is more than two years old 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. 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 shall collect a flat fee of $500 and a review deposit of $1,000 from the applicant. Section 1-12 of Article I of the Land Development Code (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. Updated September 9,2003 Page 5 of 12 Oct-13-03 02:42pm From-Foley & Lardner 407 648 1743 7-644 P.002/002 F-200 08;04 Froe-Ruden 14cLI0461 2700 SUNTRUST FINANCIAL cinr*t ar Ruden .D-LOA.Arr FLOR FLORIDA32601 TALOA. L1F]I402 di McClosky 1023OD 131a•4W1 cox:mt31],a�fi!'21 JI AVAVILefeRuDiN.[Ow, October 10,2003 AA Vf0 TiLps_ier l �x°`�� Paul E.Rnnsenthel,Esq. Foley&Lardner 111 N.Orange Avenue Suite 18041 Orlando,l'lorida 32802-2193 Re- Kana Furniture Corporation City of Ocoee,Florida Dear Paul: This will confirm our conversation at the City of Ocoee Development Review Committee meeting an Wednesday, October 8, 2003 where I indicated my client, Kane Furniture Corporation, will accept the recommendation of the Development Review Committee for an alternative impact fee calculation of$905.41 per one thousand (1,000) square feet for a total traffic impact fee of$54,324.60. It la my understanding that the staff will recommend this alternative road impact fee calculation at the City Commission meeting on November 4,2003. I would appreciate your baying the City confvm the date and time of that meeting so that we may be present and provide testimony,if required. Thank you again for your cooperation. Very truly yours, RUD• ,McCLOSKY,SMITH, �+- &RUSSELL,P.A. James B. `•ble JB Side • cc: Irwin Novack(via telecopier) 11%497307:1 FORTLAUOCRI)ALF•MIAMI ■ NAPLES •ST.PETERSOURC r SARASOTA•TALLAHASSCE•Ti AAPA.WESYMLMBEACH r