HomeMy WebLinkAboutOrdinance 96-01
ORDINANCE NO. 96-01
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 OCOEE CITY CODE;
DELETING SECTION 87-14 OF ARTICLE I OF CHAPTER
87 OF THE OCOEE CITY CODE; ADOPTING A NEW
SECTION 87-14 OF ARTICLE I OF CHAPTER 87 OF THE
OCOEE CITY CODE; DELETING THE FORMULA FOR
CALCULATING ALTERNATIVE ROAD IMPACT FEES;
CLARIFYING THAT ROAD IMPACT FEES MAYBE USED
FOR THE PAYMENT OF CERTAIN DEBT SERVICES;
INCREASING THE ROAD IMPACT FEES BASED ON THE
ROAD IMPACT FEE UPDATE STUDY DATED 1995;
PROVIDING FOR SEVERABILITY; PROVIDING FOR
CODIFICATION; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Ocoee received and reviewed
the Traffic Impact Fee Final Study dated January 1996; and
WHEREAS, the City Commission has conducted an advertised public hearing
regarding the proposed amendments to the Road Impact Fee Ordinance; and
WHEREAS, the City Commission desires to amend the Road Impact Fee
Ordinance based upon the Traffic Impact Fee Final Study dated January 1996.
NOW, THEREFORE, BE IT ENACTED BY THE CITY COMMISSION OF
THE CITY OF OCOEE, FLORIDA, AS FOLLOWS:
SECTION 1. Authority. The City Commission of the City of Ocoee has the
authority to adopt this Ordinance pursuant to Article VIII of the Constitution of the State of
Florida and Chapter 166, Florida Statutes.
SECTION 2. Revisions to Sections 87-1 throu~h 87-13. Sections 87-1
through 87-13, inclusive, of 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.
87-2. Intent; purpose; basis.
A. This Article is intended to implement and be consistent with the City of Ocoee
Comprehensive 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 the existing road system, and analysis of
existing road system deficiencies and an analysis of projected road system needs
contained in a report entitled "Traffic Cir0l:llatiofl Element, City of Ocoee
Comprehensive Plan." "Traffic Impact Fee Final Study dated January 1996. "
D. The intent of the City Commission is to periodically revise this Article to adiust
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 pUl:poses 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.
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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.
87-5. Alternative fee calculation.
A. In the event that an applicant believes the impact of the new building will be less
than that established in 87-14 abtwe, 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 in the alternative road impact fee calculation 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
recommend an alternative road impact fee for the applicant 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 an alternative road impact fee, or the Road Impact Fee
Schedule shall be final and binding on the applicant.
B. The proposed alternative road impact fee shall be calciilated by use of the
follo'/Iing formula:
Alternate
Impact Fee
;\DT X DF X TL X COST
C.^..P X 2
CREDIT
Where
SF
CREDIT
- The number of average daily trips generated
The di'/ersioIb'capture factor
- The trip leRgth for each proposed use.
- The typical fleW capacity per lane mile ifl vehicles per day
seveR thousand fhe IUlRdred (7.500)
- The cost of the right of ':Iay acqaisitiofl pkIs the construction
costs, eight H.l:lndred fifty thousand dollars ($850,000.)
- The allowance for gas tax payments and m.otor '/ehicle
license tag paym.ents.
ADT
DF
TL
Cl^LP
COST
B. G:-- The alternative road impact fee calculations shall be based on data, information
or assumptions contained in the Road Impact Fee Update Study dated 1995 and
shall be compatible with assumptions used for development of an "improvements -
drive" impact fee calculation in tRis section or provided by iRdepeRdeRt sources,
provided that:
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(1) The independent source is an accepted standard source of transportation
engineering or planning data; or iBformation;
(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
conducted more than two (2) years prior to the effective date of this Article! is
invalid.
C. I)..;- The 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 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 E:- 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 review deposit of five
hundred dollars ($500.) from the applicant. City of Ocoee Ordinance No. 89 15
Section 1-12 of Article I of Chapter 180 of the Code of Ordinances of the Citv,
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 enter into a development agreement with the City to establish
road impact fees or to provide equivalent road improvements necessary to serve
new buildings. development. Equivalent road improvements must be
demonstrated to enhance roads on the "improvement driven" listing. A
development agreement may include, but shall not be limited to, provisions
which:
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(1) Permit the construction of specific road system improvements in lieu of
or with a credit against the interim 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 be
presented to and approved by the City Commission prior to the issuance of a
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.
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 improvements
and the cost of improvements to on-site roads which create excess capacity for
general public traffic 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. Any
improvements must be demonstrated to create excess transportation capacity to
the City's "improvement driven" listing of road improvements. Such credit shall
be based on the following criteria:
(1) The actual cost, or estimated cost based on recent bid sheet information
of the City of Ocoee or Orange CORnty, of off-site related improvements
by the applicant. to the road system. Off-site improvements eligible for
a credit are those improvements proposed for a building site which are
required by the City to serve the buildings' external trips and general
public traffic. Improvements not eligible for a credit are those 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.
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(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 general public traffic. 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 MAl 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 the effective date of this
Article 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. to the effectiYe date of tllis Article.
(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 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 already 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 -8C 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 decisions shall
be final and binding on the applicant.
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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 the 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.
B. If an applicaflt has previously entered into a de'/elopmeflt agreement with the City
with coHditions regarding off site road system im.pro'/ements, the applicant or his
Sticcessor in interest may request a modification of the prior development
agreement in order to bring the conditioI:1s into consisteRCY ,-,;ith this f..rticle. f..ny
request for such modification must be filed with the Development R-e.;iew
Committee v;ithin one (1) year of the effective date of this ..^..rtiele.
B.
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The City specifically acknowledges the existence and validity of the following
development agreements.
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 the
effective date of this ;\rticle. March 21. 1989.
B. Publicly owned and operated buildings used for general governmental purposes,
including public schools.
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.
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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 with
the City of Ocoee, including but not limited to:
(1) Corridor studies and environmental assessments.
(2) Design and construction plan preparation.
(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 exclusively within the area from which they were
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
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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. Ordinance No. 88 213 established in interim road impact fee higoor than that
established by this :\rtiele. The City Manager is hereby directed to return to
those persoflS v/ho ha'le paid too interim road impact fee the difference bet':leen
too ifltcrim road impact fee and too fee establisood by this '^Lrtiele, with the actual
interest earned all too fuRds while deposited in the City's aCCOl:lnt. Those
applicants who were issued a building permit after the effective ate of Ordillance
No. 88 214 but who v;oore not iSS\:led a certificate of occapancy prior to too
effective date of this Article shall pay too road impact f-ee established by this
.^Lrticle at the time of the issuance of tOO certificate of occupancy.
D.
B-:-
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.
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.
WORDS UNDERLINED ARE ADDITIONS; WORDS IN STRUCK mROUCH TYPE ARE DELETIONS.
SECTION 3. Repeal of Section 87-14 and Adoption of New Section 87-14.
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 a new Section 87-14 is hereby adopted, which
reads as set forth on Exhibit "A" attached hereto and incorporated herein by this reference.
SECTION 4. Severabilitv. If any section, subsection, sentence, clause, phrase
or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of
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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 5. 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
authorized by the City Manager, without need of public hearing, by filing a corrected or
recodified copy of same with the City Clerk.
SECTION 6. Effective Date. This Ordinance shall become effective
immediately upon passage and adoption.
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PASSED AND ADOPTED this 2.L1nIday of 1=E:."&R.UI\~'i ,1996.
APPROVED:
CITY OF OCOEE, FLORIDA
(SEAL)
ADVERTISED February 8, 1996
READ FIRST TIME February 6, 1996
READ SECOND TIME AND ADOPTED
r: (;: ~ It 'Hill" 2. D , 1996,
UNDER AGENDA ITEM NO. ~.
FOR USE AND RELIANCE ONLY BY
THE CITY OF OCOEE, FLORIDA
APPROVED AS TP fO~ AND LEGALITY
this .2L day of f-th~l' 1996.
FOLEY & LARDNER
By: JJ(tJ/;jJ
City Attorney
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EXHIBIT "A"
!i87-14. Schedule of Fees.
The road impact fees shall be as follows:
II ~ ...!!!!!!. I~
II ...............
Single Family/Unit 9.55 100 $146.08 $1,395.06
Apartment/Unit 6.47 100 $146.08 $945.14
Condominium/T ownhouse/Unit 5.86 100 $146.08 $856.03
Mobile Home/Unit 4.81 100 $146.08 $702.64
Officec
< 1 00,000 SF 16.58 100 $146.08 $2,422.01
100,000 - 200,000 SF 12.71 100 $146.08 $1,856.68
> 200,000 SF 10.77 100 $146.08 $1,573.28
Retailc
< 50,000 SF 91.65 43 $146.08 $5,756.94
50,000 - 99,999 SF 78.72 50 $146.08 $5,749.71
100,000 - 199,999 SF 60.70 61 $146.08 $5,408.90
200,000 - 299,999 SF 50.12 67 $146.08 $4,905.42
300,000 - 399,999 SF 44.18 71 $146.08 $4,582.21
400,000 - 499,999 SF 40.21 73 $146.08 $4,287.93
500,000 - 999,999 SF 34.42 77 $146.08 $3,871.62
1,000,000 - 1,250,000 SF 31.18 80 $146.08 $3,643.82
> 1 ,250,000 SF 30.39 81 $146.08 $3,595.89
HospitalC 16.78 100 $146.08 $2,451.22
Industrialc 6.97 100 $146.08 $1,018.18
ManufacturingC 3.85 100 $146.08 $562.41
WarehousingC 4.88 100 $146.08 $712.87
Mini-Warehousec 2.61 100 $146.08 $381.27
Hotel-Motel (Per Room) 9.45 100 $146.08 $1,380.46
Walk-In Bankc 140.60 30 $146.08 $6,161.65
Drive-In Bankc 265.21 30 $146.08 $11,622.56
Restaurant QualityC 95.99 52 $146.08 $7,291.55
Restaurant High Turnover-Sit Downc 177.87 28 $146.08 $7,275.31
Restaurant Fast Foodc 710.68 29 $146.08 $30,106.68
Convenience Store w/ Gasoline Pumpsd 542.60 16 $146.08 $12,682.08
Gasoline/Service Stationd 174.71 13 $146.08 $3,317 .81
Day Care CenterC 79.26 49 $146.08 $5,673.37
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NOTES:
Nursing Home/Bedc
100
$146.08
a. Percent new trips derived from Orange County office of Capital Facilities Planning, 1983
and ITE data.
b. Trip figures reflect land use within study area with 244,246 trip ends.
c. Cost per 1,000 square feet of gross leasable area.
d. Cost per vehicle fueling position.
C:\WP51\DOCS\OCOEE\RDlMPACT.ORD 12/19/961 18W0151 DPB:dp
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$379.81