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HomeMy WebLinkAboutOrdinance 89-02 89-02 ORDINANCE NO. AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, ESTABLISHING A ROAD IMPACT FEE; ADOPTING A FEE SCHEDULE; PROVIDING AN ALTERNATIVE IMPACT FEE CALCULATION; PROVIDING FOR AN APPEAL OF FEES CALCULATED; PROVIDING FOR DEVELOPMENT AGREEMENTS; PROVIDING FOR CREDITS; PROVIDING FOR VESTED RIGHTS; PROVIDING FOR FUNDS COLLECTED; PROVIDING EXEMPTIONS; PROVIDING AN EFFECTIVE DATE. . WHEREAS, the rapid rate of new development in the City of Ocoee will require a substantial increase in the capacity of the city road system; and WHEREAS, the planning for new and expanded roads needed to serve new development and the implementation of those plans are the responsibility of the city of Ocoee under Chapters 163 and 166, Florida statutes, and are in the best interest of the health, safety and welfare of the citizens of the City of Ocoee; and WHEREAS, the City of Ocoee intends for new development to pay a fair share of the anticipated costs of needed road system improvements necessary to serve new development, and not to collect fees in excess of the anticipated costs for needed road system improvements necessary to serve new development; and WHEREAS, the City of Ocoee has identified the projected road system improvements necessary to serve new development in the traffic circulation element of the City of Ocoee Comprehensive Plan; and WHEREAS, the cost of construction of the needed road system improvements will exceed the fair share impact fees imposed by this Ordinance; . NOW, THEREFORE, be it enacted by the City Commission of the City of Ocoee, Florida, as follows: section 1. Short Title and Authoritv. A. This Ordinance 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 Ordinance pursuant to Article VIII of the Constitution of the state of Florida and Chapters 163 and 166, Florida statutes. section 2. Intent and Purpose. A. This Ordinance is intended to implement and be consistent with the City of Ocoee Comprehensive Plan. B. The purpose of this Ordinance is to insure that new development pays a fair share of the anticipated costs of needed road system improvements necessary to serve new development. C. This Ordinance is based on an inventory of the existing road system, an analysis of existing road system defici- encies, and an analysis of projected road system needs contained in a report entitled Traffic Circulation Element, City of Ocoee Comprehensive Plan. D. This Ordinance supersedes Ordinance No. 88-21, the Interim Road Impact Fee Ordinance. Section 3. Limitation on Issuance of Building Permit. 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 shall be issued unless and until the Road Impact Fee hereby required has been paid. section 4. Interim Road Impact Fee Schedule. A. The Road Impact Fee shall be determined in accordance with the Road Impact Fee schedule set forth in Exhibit "A" attached hereto and by this reference made a part hereof. In addition, an Applicant may propose an alternative impact fee as set forth in section 5 herein or may propose to enter into a Develop- ment Agreement with the city as set forth in section 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 - 2 - appropriate category. Such determination may be appealed to the City Commission, whose decision shall be final and binding on the Applicant. section 5. Alternative Road Impact Fee Calculation. A. In the event an Applicant believes the impact of his new building will be less than that established in section 4 above 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 section 4 for the Applicant. The deci- sion 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 calculated by use of the following formula: Alternative Impact Fee = ADT X DF X TL X Cost - CREDIT CAP x 2 Where ADT = Number of average daily trips generated DF = Diversion/capture factor . TL = Trip length for each proposed use CAP = Typical new capacity per lane mile in vehicles per day (7500) COST = Cost of right-of-way acquisition plus construction costs ($850,000) CREDIT = Allowance for gas tax payments and motor vehicle license tag payments - 3 - . . C. The alternative Road Impact Fee calculations shall be based on data, information or assumptions contained in this section or provided by independent sources, provided that: (i) the independent source is an accepted standard source of transportation engineering or planning data or information; or (ii) the independent source is a local study carried out by a qualified traffic planner possessing membership in the American Institute of certified Planners or professional engineer licensed by the State of Florida pursuant to an accepted methodology of transportation planning or engineering; or (iii) 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 years prior to the Effective Date of this Ordinance is invalid. D. 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. 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. - 4 - F. 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 $500.00 from the Applicant. City of Ocoee Ordinance No. 936 shall be followed when collecting review fees and deposits under this section. . section 6. Development Agreements. A. An Applicant may enter into a Development Agree- ment with the City to establish Road Impact Fees or to provide equivalent road improvements necessary to serve new buildings. A Development Agreement may include, but shall not be limited to, provisions which: (i) permit the construction of specific road system improvements in lieu of or with a credit against the Interim Road Impact Fee otherwise assessable under section 4 or 5 above; (ii) provide for a transfer of credits as provided for in section 7 to any successor in interest in land; (iii) allow a schedule and method of payment of Impact Fees in a manner different than provided in section 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, lien- holders, 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 Ordinance. - 5 - . . 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 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 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 acceleration 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 - 6 - . 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 Development Agreement between the City and the Applicant or his predecessors in title, no credit for contributions or donations made prior to the effBctive 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 binding as to any Building Permit already issued on land subject to the Develop- ment Agreement. E. Notwithstanding the criteria specified in subsections 7(A) (i), (ii) and (iii) above, if any of the Development Agreements listed in section B(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. section 8. Vested Riqhts. A. It is not the intent of this Ordinance to abrogate, diminish or modify the rights of any persons that have vested rights pursuant to a valid governmental act of the city. - 7 - An Applicant may petition the City commission for a vested rights determination which would exempt the Applicant from the provisions of the Ordinance. Such petition shall be evaluated by the City Attorney and a recommendation thereon submitted to the City Com- mission based on the following criteria: (i) There exists a valid, unexpired governmental act of the City authorizing the building for which a . Certificate of Occupancy is sought. (ii) Expenditures or obligations made or incurred in reliance upon the authorizing act are reasonably equivalent to the fee required by Section 4 of the Ordinance. (iii) 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 Ordinance. B. If an Applicant has previously entered into a Development Agreement with the City with conditions regarding off-site road system improvements, the Applicant or his successor in interest may request a modification of the prior Development Agreement in order to bring the conditions into consistency with this Ordinance. Any request for such modification must be filed with the Development Review Committee within one year of the Effective Date of this Ordinance. C. The City specifically acknowledges the existence and validity of the following Development Agreements: . Lake Bennet Centre Bel Roy Investments Anna L. Davis & Tom West Anna L. Davis Robert L. Ferdinand Charles & James Hawthorne Heller Brothers Groves (four agreements) Lakenden Inc. John G. pierce Lindy Wade Rich Gregory P. Samano Jay & Doti Schorr Grover Voss Wescar, Inc. Louis Geys David Pearlman Lake Lotta, Ltd. BML/PRN Investments - 8 - Skylark Ventures, Ltd. Maguire Road corporation Jeffrey Yeager, Trustee C. Roger Freeman C. Roger Freeman, Trustee Charles and James Hawthorne BML Investments Section 9. Exemptions. The following shall be exempt from payment of the Road Impact Fee: A. Those buildings which have been issued a certi- . ficate of Occupancy prior to the effective date of this Ordinance. 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 non-profit organization. D. Additions to or expansions of single family residential buildings. section 10. Establishment of Trust Fund. The Road Impact Fee collected by the City pursuant to this Ordinance 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 Ordinance. The disbursal of such funds shall require the approval of the City commission. section 11. collection of Interim Road Impact Fee. Except as provided for in section 6 above and section 12D below, the Road Impact Fee shall be due and payable at the time of issuance of the Building Permit for a new building. section 12. Use of Road Impact Fee. A. The funds collected by reason of establishment of the Road Impact Fee in accordance with this Ordinance 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: (i) corridor studies and environmental assessments, (ii) design and construction plan preparation, - 9 - (iii) right-of-way acquisition, including legal fees, (iv) construction of new through lanes, (v) construction of new turn lanes, (vi) construction of new bridges, (vii) construction of new drainage facilities in conjunction with new road construction, . (viii) purchase and installation of traffic signalization, (ix) construction of new curbs, medians and shoulders, (x) relocating utilities to accommodate new road construction. 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 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. Ordinance No. 88-21 established an Interim Road Impact Fee higher than that established by this Ordinance. The city Manager is hereby directed to return to those persons who have paid the Interim Road Impact Fee the difference between the Interim Road Impact Fee and the Fee established by this . Ordinance, with the actual interest earned on the funds while deposited in the city's account. Those Applicants who were issued a Building Permit after the effective date of Ordinance No. 88-21 but who were not issued a certificate of Occupancy prior to the effective date of this Ordinance shall pay the Road Impact Fee established by this Ordinance at the time of the issuance of the certificate of Occupancy. - 10 - E. Any funds not expended or encumbered six years from the date Road Impact Fee was paid shall, upon application of the feepayer and proof of payment, be returned with interest at the rate of six percent per annum. section 13. Penal tv. Violations of this Ordinance shall constitute a misdemeanor enforceable in accordance with . section 1.8 of the City Code or by an injunction or other legal or equitable relief in the circuit court against any person vio- lating this Ordinance, or by both civil injunctive and criminal relief. section 14. 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 15. Effective Date. This Ordinance shall become effective immediately upon passage and adoption. PASSED AND ADOPTED this ~ day of March 1989. ADVERTISED February 23 READ FIRST TIME February 7 READ SECOND TIME AND ADOPTED March 21 1989 , 1989 1989 APPROVED: ~LOE~ FLL THOMAS R. ISON, Mayor . FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, APPROVED AS TO FORM AND LEGALITY: -'" THIS \":l DAY OF ~A.~q1 , 1989 DEN BERG, & ARKIN By: - 11 - ~ EXHIBIT "A" Road Impact Fee Schedule Buildinq Impact Fee Single-family residential $ 777.05 Multifamily (per unit) 474.00 Mobile home 372.98 . Office*: Less than 100,000 sq. ft. 1,375.38 100,000 to 200,000 sq. ft. 1,111. 18 Over 200,000 sq. ft. 846.98 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. 4,489.10 3,058.47 3,161. 58 2,909.59 2,409.32 2,857.83 2,341.41 2,335.11 More than 1,250,000 sq. ft. 2,146.29 Hospital* 1,296.90 Industrial* 421.94 Manufacturing* 299.16 Warehousing* 379.20 Hotel-motel (per room) 815.90 Restaurant* 6,642.85 Bank* 4,475.81 . * Cost per one thousand (1,000) gross square feet or gross leasable square feet GNTMV1/4758 (5) 01-4758(03/15/89) - 12 -