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HomeMy WebLinkAboutOrdinance 90-15 ORDINANCE NO. 90-15 AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, PROVIDING FOR AN ADJUSTMENT OF THE CITY OF OCOEE RECREATIONAL PARKS FACILITIES IMPACT FEES; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. . WHEREAS, the City Commission of the City of Ocoee has adopted Ordinance 89-14 of the Code of Ordinances to establish recreational park impact fees; and WHEREAS, pursuant to Section 5 of Ordinance 89-14 the city has conducted its annual review of the recreational park impact fees and determined that a fee adjustment is necessary in order to maintain and expand parks and recreational facilities within the City. NOW, THEREFORE, be it enacted by the City commission of the City of Ocoee, Florida, as follows: SECTION ONE. 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 TWO. Section 4 of Ordinance 89-14 of the City of Ocoee Code of Ordinances is hereby amended to read as follows: Section 4. District Boundaries. Impact Fees for Neiqhborhood Parks. and the Impact Fee for the Community Parks A. The City of Ocoee shall be divided into three districts, the Northwest, Northeast, and Southern as more particularly set forth in Exhibit "A", the Recreational Park District Boundary Map, attached hereto and incorporated herein by reference. B. Community Parks are recreational parks which serve the entire community of the City of Ocoee. Neighborhood Parks are recreational parks which primarily serve those residents in the local area where the park is located. C. The following Recreational Park Impact Fees are hereby assessed by the City and shall be collected by the City prior to the issuance of a building permit of any other building permit for the construction of any structure to be used for a dwelling unit, in each District. THese fees are based on proj ected new developments, needs identified in the City of Ocoee Recreation and Open Space Element of the Comprehensive Plan, and needs identified by the City of Ocoee Recreation Department through the year 1995. . 1 NORTHWEST DISTRICT Community Park Recreational Impact Fee Neiohborhood Park Recreational Impact Fee $120.00, 23.73 per dwelling unit $96.00, 46.41 per dwelling unit NORTHEAST DISTRICT . Community Park Recreational Impact Fee Neiohborhood Park Recreational Impact Fee $120.00, 23.52 per dwelling unit $102.00, 00.52 per dwelling unit SOUTHERN DISTRICT Community Park Recreational Impact Fee Neiohborhood Park Recreational Impact Fee $120.00, 23.13 per dwelling unit $90.00, 136.77 per dwelling unit D. The fees imposed in each District is a result of the City's fee calculation studies which were designed to insure that the impact fees imposed are rationally related to the benefit received by the applicant. The fees imposed are calculated to be less than the new dwelling unit's proportional share of the cost of the recreational parks both in the community and in the neighborhood. E. In the event that an applicant believes the impact of their new dwelling units will be less than that set forth above, the applicant may, at his option, submit evidence to the Ci ty Commission in support of an al ternati ve recreational park impact assessment. Based upon convincing and competent evidence, the City commission may adjust the impact fee as appropriate for the particular property. SECTION THREE. Severability. If any section, subsection, sentence, clause, phrase of 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 valididty of the remaining portion hereto. SECTION FOUR. Effective Date. This ordinance shall become effective immediately upon passage and adoption. . 2 . . PASSED AND ADOPTED this r 711 day of :r kLV ,"1 C7 ~S9~ ATTEST: Advertised July 5 , 1990 Read First Time July 3 , 1990 Read Second Time and Adopted July 17 , 1990 Approved: CITY OF OCOEE, FLORIDA FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, APPROVED AS TO FORM AND LEGALITY: THIS rf~ DAY OF ~' 1990 Foley & Lardner, Van Den Berg, Gay, Burke, Wilson, & Arkin By: ~1J1 It ~tft' J- ,,{(Iff" lill" 3