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HomeMy WebLinkAboutOrdinance 90-01 ORDINANCE NO. 90-01 AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA RELATING TO A ROAD IMPACT FEE; AMENDING ORDINANCE NO. 89-02; PROVIDING FOR CASH REIMBURSEMENT IN LIEU OF CREDITS; AMENDING THE FEE SCHEDULE; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE. BE IT ENACTED BY THE CITY COMMISSION OF THE CITY OF OCOEE, FLORIDA: . SECTION 1. 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 Chapters 163 and 166, Florida Statutes. SECTION 2. Ordinance No. 89-02 adopted by the City Commission of the City of Ocoee on March 21, 1989 is hereby amended to read as follows: Section 7. Credits A. An Applicant shall be entitled to a credit against the Road Impact Fee assessed pursuant to this Ordinance 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. Such credit shall be based on the following criteria: (i) the actual cost, or estimated cost based on recent bid sheet information of the City of Ocoee or Orange County, of off-site related improvements by the Appli- cant 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 building's 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 acceler- ation and deceleration lanes, turn lanes, traffic signals, paving of existing rights of way, or perimeter roads. (ii) 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 create excess capacity for general public traffic. (iii) 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 M.A.I. 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 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 appraisals. (iv) unless otherwise provided in a Develop- ment Agreement between the City and the Applicant or his prede- cessors in title, no credit for contributions or donations made prior to the effective date of this Ordinance shall be granted unless the cost of the improvements were paid for or the contributions were made within the two years prior to the Effective Date of this Ordinance. (v) no credit shall exceed the amount of the Road Impact Fee assessed under Sections 4, 5 or 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. D. Previous Development Agreements wherein voluntary Road Impact Fees were specified and paid shall be -2- binding as to any Building Permit already issued on land subject to the Development Agreement. E. Notwithstanding the criteria specified in subsections 7(A)(i), (ii) and (iii) above, if any of the Develop- ment Agreements listed in Section 8(C) of this Ordinance 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. SECTION 4. The Road Impact Fee Schedule set forth in Exhibit "A" attached hereto and by this reference made a part hereof is hereby adopted and supersedes any Schedule previ- ously adopted. SECTION 5. 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 juris- diction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the . validity of the remaining portion hereto or Ordinance No. 89-02 which this Ordinance amends. SECTION 6. This Ordinance shall become effective immediately upon passage and adoption. PASSED AND ADOPTED this (~'Ii day of J IrAJII Ml-'f 19k. -3- . . ATTEST: (SEAL) FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, APPROVED AS TO FO~ AND LEGA~Y" this J1i!:' da~. of ~~Ji-~ ' 19~ FOLEY & LARDNER, VAN DEN BERG, B:Y' PJ ~r:;;;N City Attorney APPROVED: CITY OF OCOEE, FLORIDA ~ . e erDabbs, Jr.. . yor ADVERTISED January 5 READ FIRST TIME January 2 READ SECOND TIME AND ADOPTED January 16 , 19 90 APPROVED BY THE OCOEE CITY COMMISSION AT A MEETING HELD ON IkAlt.fM'-~, 19k UNDER AGENDA ITE NO. V D -4- , 19~ , 19 90 EXHIBIT "A" Road Impact Fee Schedule Building Single-family residential . Multifamily (per unit) Mobile home Office*: Less than 100,000 sq. ft. 100,000 to 200,000 sq. ft. Over 200,000 sq. ft. Retail*: Less than 50,000 sq. ft. 50,000 to 99,999 sq. ft. 100,000 to 199,999 sq. ft. 200,000 to 299,999 sq. ft. 300,000 to 399,999 sq. ft. 400,000 to 499,999 sq. ft. 500,000 to 999,999 sq. ft. 1,000,000 to 1,250,000 sq. ft. More than 1,250,000 sq. ft. Hospital* Industrial* Manufacturing* Warehousing* Hotel-motel (per room) Restaurant* Bank* . Impact Fee $1,131.65 690.31 543.19 2,003.02 1,618.26 1,233.50 6,537.66 4,454.17 4,604.34 4,237.35 3,508.79 4,161.98 3,409.89 3,400.72 3,125.73 1,888.72 614.49 435.69 552.25 1,188.23 9,674.25 6,518.30 * Cost per one thousand (1,000) gross square feet or gross leasable square feet FLOPPY/4758 (5) 01-4758 (12/26/89)