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HomeMy WebLinkAboutOrdinance 89-14 ORDINANCE NO. 89-14 . AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, ESTABLISHING A CITY OF OCOEE RECREATIONAL PARKS FACILITIES IMPACT FEE; PROVIDING PURPOSE; DEFINITIONS; FEES IMPOSED; TIME OF PAYMENT; FEE BASED ON EVIDENCE PRESENTED BY APPLICANT; PROVIDING FOR THE ADOPTION OF THE CITY OF OCOEE RECREATIONAL PARKS DISTRICT MAP IDENTIFYING REAL PROPERTY PARK DISTRICTS AND PARKS IN EACH DISTRICT, INCORPORATED BY REFERENCE AS AN APPENDIX; REFUNDS OF IMPACT FEES; USE OF PROCEEDS; ESTABLISHMENT OF A TRUST FUND FOR MONIES COLLECTED; DISBURSEMENT OF FUNDS AND INVESTMENTS; ANNUAL REVIEW OF RECREATIONAL PARKS FACILITIES IMPACT FEE; PROVIDING FOR DEVELOPMENT AGREEMENTS; PROVIDING FOR CREDITS; PROVIDING FOR VESTED RIGHTS; PROVIDING FOR SEPARABILITY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the present recreational parks facilities in the City of Ocoee, Florida are operating at near full capacity, and they are currently providing adequate public services to the City of Ocoee; and WHEREAS, the City commission of the City of Ocoee has determined that the City must expand its recreational parks facilities in order to serve new development in the community; and WHEREAS, the City of Ocoee finds that it is necessary to provide additional recreational parks facilities which shall be required by the continuing growth and development within the city, these facilities being in the nature of capital improvements to the ci ty' s recreational parks facili ties such as land, buildings, equipment, and vehicles; and WHEREAS, the city commission desires to establish an equitable way for making these capital improvements meet the demands of new development and for providing that the money collected for these capital improvements will be used for no other purpose; and WHEREAS, the city has conducted a study to determine the proper amount for such fee based on proj ected development and recreational parks capital needs to serve such new construction; and WHEREAS, the city commission of the City of Ocoee has determined that the City must expand its parks facilities in order to serve new development in the community. 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 Chapters 163 and 166 Florida Statutes. SECTION TWO. The present section 6.6.2 of Article VI of Appendix B of the Code of Ordinances of the City of Ocoee is hereby repealed. SECTION THREE. The Code of Ordinances of the City of Ocoee is hereby amended by the addition of the following: 1 Section 1. Short Title and Authority A. This Ordinance shall be known and may be cited as the "Recreational Park 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 established to address the need for additional capital funds to support the orderly expansion of the City of Ocoee Recreational Parks Facilities. The impact fees provide for the funding of recreational parks facilities and improvements related thereto, by imposing fees upon new construction that are commensurate with or less than the burdens reasonably anticipated to be imposed by them. "Recreational Park Impact Fee" as used in this Ordinance refers to both community Park Impact Fee and Neighborhood Park Impact Fee as set forth herein. . B. This Ordinance is intended to implement and be consistent with the City of Ocoee Comprehensive Plan. section 3. Fee Imposed: Time of Payment: Fee Adjusted by city Council Based Upon Evidence Presented by the Applicant A. Any person who, after the effective date of this Ordinance, seeks to develop land by applying for issuance of a building permit for a dwelling unit , as defined in Chapter VI of Appendix A of the Code of Ordinances for the City of Ocoee, shall be required to pay a Recreational Park Impact Fee prior to the issuance of a building permit, or any other development permit for the construction of any structure to be used for a dwelling unit. 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 issuance of a building permit or 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. . 2 NORTHWEST DISTRICT Community Park Recreational Impact Fee Neiqhborhood Park Recreational Impact Fee $23.73 per dwelling unit $46.41 per dwelling unit NORTHEAST DISTRICT Community Park Recreational Impact Fee Neiqhborhood Park Recreational Impact Fee . $23.52 per dwelling unit $80.52 per dwelling unit SOUTHERN DISTRICT Community Park Recreational Impact Fee Neighborhood Park Recreational Impact Fee $23.13 per dwelling unit $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 many, may at his option, submit evidence to the City Commission in support of an alternative 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 5. Annual Review of Recreational Park Impact Fee A. The City Manager shall report annually to the City commission indicating the amount of fees collected and the amount of fees distributed and the basis for computing such fees under this Ordinance. B. The City commission shall review the report and continue or adjust the fees as appropriate. section 6. Credits A. An Applicant shall be entitled to a credit against the Recreational Park 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 recreational facilities which create excess capacity for the general public, or contributions to the City of land, money, or services by the Applicant or his predecessor in interest as a condition of any Development Agreement entered into with the city prior to the Effective Date of this Ordinance. 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- 3 site related improvements by the Applicant to the recreational system. Off-site improvements eligible for a credi t are those improvements proposed that will benefit not only the dwelling units on-site, but also the general public. Improvements not eligible for a credit are those recreational facilities that are privately owned or that serve only the dwelling units within the development. . 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 recreational improvements which create excess capacity for the general public. iii) The contribution of land, money, or services by the Applicant for off-site improvements to the City's recreational system and for improvements to on-site recreational facilities which create excess capacity for the general public. 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 Development Agreement between the ci ty and the Applicant or his predecessor in interest, 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 Recreational Park Impact Fee assessed under section 4 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 transferred by the Applicant interest in the property. this section may to any successor be in D. Except as provided in section 7. B. hereof, previous Development Agreements wherein voluntary Recreational Park Impact Fees were specified and paid shall be 4 binding as to any building permit already issued on land subject to the Development Agreement. E. Notwi thstanding the criteria specified in subsections 6(A) (i), (ii), and (iii) above, if any of the Development Agreements listed in section 7(c) of this Ordinance provide that credits against future Recreational Park Impact Fees enacted by the City will be granted for specified contributions to the City of land, money, or services for improvements to the City's recreational system, such credits against the Recreational Park Impact Fee shall be granted on the basis provided for in such agreements. 4It section 7. Vested Riqhts A. It is not the intent of this Ordinance to abrogate, diminish, or modify the rights of any person 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 this Ordinance. Such petition shall be evaluated by the City Attorney and a recommendation thereon submitted to the City commission based on the following criteria: i) Expenditures or obligations made or incurred in reliance upon an authorizing act are reasonably equivalent to the fee required by section 4 of this Ordinance. B. If an Applicant has previously entered into a Development Agreement with the City with conditions regarding off-site recreational improvements, the Appl icant 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: 4It BML Investments BML/PRN Investments and Feinstein Ted Bolin Bel Roy Investments Brookshire Development Company Courtney Consulting Corporation Ann L. Davis Ann L. Davis and Tom West Robert L. Ferdinand Pension Plan C. Roger Freeman C. Roger Freeman, Trustee G & F Land Company Louis Geys Gulfstream Housing Charles and James Hawthorne Heller Brother's Groves (4 agreements) Hidden Glen Development Corporation Lake Lotta, Ltd. Maguire Road Corporation Gregory P. Samano Jay and Doti Schorr Signature Group Skylark Ventures Story Properties Grover H. Voss, Trustee Wescar, Inc. 5 Section 8. Exemptions The following shall be exempt from payment of the Recreational Park Impact Fee: A. Those dwelling units which have been issued a building permit prior to the Effective Date of this Ordinance. B. Those dwelling units which have received a Certificte of Occupancy prior to the Effective Date of this Ordinance. C. Additions or expansions to single family residences. . section 9. Establishment of Trust Fund The Recreational Park Impact Fees 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 funds shall require the approval of the City Commission. Funds for community recreational parks and neighborhood recreational parks shall be kept in separate accounts within the trust fund. section 10. Use of Recreational Impact Fees A. The funds collected by reason of establishment of the Recreational Park 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 City's recreational system determined to be needed to offset the impacts of new development within the City. Off site improvements are improvements to both communi ty and neighborhood recreational parks which are not on the property upon which dwelling units will be constructed. B. All funds, except those for community Parks, 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 existing recreational facilities. 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 appropriate Recreational Park Impact Fee account. Applicants shall not receive credit for or be entitled to interest from the investment of funds. section 11. Penalty , 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 violating this Ordinance, or by both civil injunctive and criminal relief. SECTION FOUR. 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 6 . , holding shall not affect the validity of the remaining portion hereto. SECTION FIVE. EFFECTIVE DATE This Ordinance shall become effective immediately upon its passage by the city of Ocoee City Commission. PASSED AND ADOPTED this 20th day of ATTEST: Je By: FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, APPROVED AS TO FORM AND LEGALITY: THIS S6~ DAY OF ~( , 1989 Foley & Lardner, Van Den Berg, Gay, Burke, Wilson, & Arkin By: fJ7~ City Attorney June , 1989. Advertised June 8 , 1989 Read First Time June 6 , 1989 Read Second Time and Adopted June 20 , 1989 Approved: CITY OF OCOEE, FLORIDA ~LE)j~ Thomas R. Ison, Mayor APPROVED BY THE OCOEE CITY COMMISSION AT A MEETING HELD ON June 20 , 1989 UNDER AGENDA ITEM NO. IV C 7 ~ I !Hw'y ^,"" '.J r.~ . .... '{ ',"- - 1 .-,-_._..:~:~.~ " - , \ . C-., I . tr--~ ) ~(I r':~~-" '..) r -.-, -qlq0 l]:'~~-~ F,./--- 1/ _ . . , _ _. t... I...J I f ~ 8 . .~ ::!; ...' ....~~~~~-. . , :' \..___.., . f~1' ~... L, " .' " i 1. I. .. 1l0"TIIE^;'~~;~~~; ~,;. 1-'-11- ~ '..__.J ~ tlOnnlWEST DISTnlCT ~.::: "~l .'-----rT~... [', -'~'---L._ F ! 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