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Home My WebLink AboutItem #08 Second Reading - Proposed Code Amendment for Temporary Deferral of Road Impact Fee Payments Meeting Date: May 18, 2010 Item # ~ Contact Name: Contact Number: Craig Shadrix 407 -905-3100/1017 Reviewed By: Department Director: City Manager: I Subject: PROPOSED CODE AMENDMENT FOR TEMPORARY DEFERRAL OF ROAD IMPACT FEE PAYMENTS ~ BACKGROUND SUMMARY: As an economic incentive for new development, City Staff proposes a Code Amendment for Temporary Deferral of Road Impact Fee Payments. In lieu of the payment of Road Impact Fees prior to the issuance of a Building Permit as provided in Sections 87-3 and 87-11, an applicant for a Building Permit will be able to defer the payment of applicable Road Impact Fees until the authorization of "Prepower" or issuance of a "Certificate of Occupancy" (C.O.) with respect to the structure or building for which the deferral has been requested. The provisions of this amended section shall not be applicable to single-family or multifamily housing projects with less than four dwelling units. Furthermore, the road impact fee deferral set forth in this amended section shall "sunset" on May 1, 2012 without further action by the City Commission. For your review and consideration, please find attached the proposed ordinance which contains the language for codification. ISSUE: Should the Honorable Mayor and City Commissioners approve an Amendment to the City of Ocoee Code to include a Temporary Deferral of Road Impact Fee Payments? STAFF RECOMMENDATION: Staff recommends that the Mayor and City Commissioners approve Amending the City of Ocoee Code to include a Temporary Deferral of Road Impact Fee Payments. Attachments: Foley & Lardner LLP - Draft Ordinance. Financial Impact: None. Tvpe of Item: (please mark with an "x") Public Hearing Ordinance First Reading X Ordinance Second Reading Resolution Commission Approval Discussion & Direction For Clerk's Deot Use: Consent Agenda Public Hearing _ Regular Agenda Original DocumenUContract Attached for Execution by City Clerk Original DocumenUContract Held by Department for Execution Reviewed by City Attorney Reviewed by Finance Dept. Reviewed by ( ) ~I#f- N/A X N/A N/A ORDINANCE NO. AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, RELATING TO ROAD IMPACT FEES; ADOPTING A NEW SECTION 87-3,1 PROVIDING FOR THE TEMPORARY DEFERRAL OF ROAD IMPACT FEE PAYMENTS UNDER CERT AIN CIRCUMST ANCES; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; PROVIDING AN EFFECTIVE DATE, WHEREAS, current economIC conditions and the difficulty in obtaining project financing has adversely impacted the ability of developers to proceed with commercial, multifamily and single-family housing projects; and WHEREAS, the Road Impact Fee Ordinance requires that road impact fees be paid at the time of issuance of a building permit for a new building; and WHEREAS, the City has received input suggesting that some of the economIC challenges associated with commencing new projects could be addressed in part by deferring the timing of the payment of road impact fees; and WHEREAS, the City Commission has determined that a temporary deferral of the timing of the payment of road impact fees is likely to accelerate the economic recovery within the city and facilitate the ability of developer's to move forward with commercial, multifamily and single-family housing projects; and WHEREAS, the City Commission has determined that such a temporary deferral will not adversely impact the ability of the City to meet its financial obligations. NOW, THEREFORE, BE IT ENACTED BY THE CITY COMMISSION OF THE CITY OF OCOEE, FLORIDA, AS FOLLOWS: ORLA_1530864.1 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. Section 87-3.1 of Article I of Chapter 87 of the Code of Ordinances of the City of Ocoee, Florida, is hereby adopted as follows: Section 87-3.1 Temporary Deferral of road impact fee payments. (A) In lieu of the payment of road impact fees prior to the issuance ofa building permit as provided in Sections 87-3 and 87-11, an applicant for a building permit may elect to defer the payment of the applicable road impact fees until the authorization of prepower or issuance of a certificate of occupancy (temporary or otherwise) with respect to the structure or building for which the deferral has been requested; provided, however, that no prepower or certificate of occupancy shall be authorized or issued until the applicable road impact fees have been paid as provided by subsection (B) below. The provisions of the section shall not be applicable to single-family or multifamily housing projects with less than four dwelling units. (B) In the event an applicant for a building permit requests a deferral of the payment of road impact fees as provided in subsection (A) above, then the deferred road impact fees shall be payable as follows: (1) For a commercial project or multifamily project with four or more dwelling units, the deferred impact fees for the entire project shall be paid when prepower is authorized for the first building or the first certificate of occupancy is issued, whichever occurs first. (2) For a single-family housing project with four or more dwelling units, the deferred impact fees for a home shall be paid when the prepower for that home is authorized or the certificate of occupancy for that home is issued, whichever occurs first. (3) The deferred road impact fees shall be determined based on the fees in effect on the date of issuance of the building permit, which fees will be disclosed and finalized at the time of issuance of the building permit. (C) If the road impact fee is deferred at the time of issuance of the building permit as authorized by subsection (A) above, then a notice of deferral setting forth the legal description of the property and the amount of the road impact fee liability shall be executed by the city and acknowledged by the owner of the property with respect to which the building permit is being issued. The city shall, at the applicant's expense, record this notice in the public records of the county. No prep ower or certificate of occupancy shall be authorized or issued until the applicable road impact fees have been paid in full. Upon payment of the impact fee, the city shall, at the applicant's expense, record a notice of payment in the public records of the county. ORLA_1530864.1 -2- (D) In the event the deferred road impact fee is not paid prior to the authorization of pre-power or issuance of the certificate of occupancy (temporary or otherwise), the city may collect the road impact fee, interest thereon from the date of issuance of the building permit at the rate fixed by state statute for judgments, the costs of such collection and a reasonable attorneys' and paralegal fees, without regard to whether litigation is brought to collect such unpaid fee. (E) Except for building permit applications for projects submitted before May 1, 2012 with respect to which building permits are issued no later than July 15,2012, the road impact fee deferral set forth in this section shall sunset on May I, 2012 without further action by the city commission and all road impact fees shall thereafter be payable at the time provided in Sections 87-3 and 87-11. SECTION 3, 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 4, 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 5, Effective Date. This Ordinance shall become effective immediately upon passage and adoption. ORLA_1530864.1 -3- PASSED AND ADOPTED this _ day of ,2010. APPROVED: ATTEST: CITY OF OCOEE, FLORIDA Beth Eikenberry, City Clerk S. Scott Vandergrift, Mayor (SEAL) ADVERTISED ,2010 READ FIRST TIME ,2010 READ SECOND TIME AND ADOPTED ,2010 UNDER AGENDA ITEM NO, FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA; APPROVED AS TO FORM AND LEGALITY this _ day of , 2010. FOLEY & LARDNER LLP By: City Attorney ORLA_1530864.1 -4- Copy of Public Hearing Advertisement Date Published ~2 I Orange Extra I orlat;l~? SentineL Thursday, May 6, 201~ w Advertisement CITY,OF OCOEE. . . - ,NOTIC.E "OF.:iPUBLI( li'EAtdNG,. , . :.. FOR:AtlAmENPMENJ.TO"..~ -; i ,THE'OCOEE'"cobE OF ~.ORDINANCES I .. \~.. ~, '" :; , ":: .. .0 I NOTICE IS. HEREBY Jgiven that Jhe. City ~of Ocoee Ciry ? .Com'mission'wlII consider a IHoposed AmendmentJo theJitY' " of Ocoee Code of:Ordinances 'relating to adopting a New.' section 87~3.1. which temporarily .d'efers road impact fee, payments under certai.n circumstpnces., . . ',.. . ~. 1;~':,.:':. ',.,> .C'~,r .': The OCOEE ciTY COMMISSION will hold a public ~earing . on the propos~a:~fu~~n~rne~rontli~SD~" MAY 18~ 2o'10~ AT. 7:15 PM,or as soon th~r~afteras p;rac,ticaL Th,e pyblic" i .:he~;ing wilrb~'~'heidi~!th; ci~ 'Hali Comniission Chambers' locat~d'ai-1S0;N~rth La~~shote.,Drive"OCo~.~., ..' '_, " .. -. ... "fJ j.. .... ,:P' ~J:i:.'!- ~~:_~:;,~... ,..-: . t ,'." . f\ .... ~'. AN ORDINANCE:OF.,YHE- ell)' OF"O~6,~E, ~.LqRI~A, RELATING TO ROAD IMPACT FEES; ADOPTING A NEW SECTION 87.3.t:PROVIDING, FOR/THE TEMPORARY DEFERRAL OF ROAD IMPACT FEE PAYMENTS. UNDER CERTAIN CIRCUMST.ANCESj. PROVIDING FOR SEVERABILI'rn . PROVIDING. . FOR CODIFICAT.ION; , . PROVIDING AN EFFECTIVE DATE. -. i. ~:.., Interested parties may appear OU~e public hearing and be heard with .respectto the proposed actions 'above. -The . complete case file may be' insp.ected at the Ocoee Development ,Service~. Departm~nt/pla.nnjng Div,lsjon" locahid at 150 North LOkesf)ore Drive;. Ocoee, FJoridq .betWeen t~e' hours of 8:00 'a.m:andS:pO p.m., Mondoy tnrough' Friday, except I~gg.! ho!iday~: ' ',:,:", . .~. '. i .~'~:~j'~ ..f... . ~;t":;~.J/ ,";";~i '. '~,..t'tt~~(;!~T,; .:~J' ::']~:;~;:J The City Commission may(ontinue~tHeseipublic hearings ' to other dates and."tiines, and p.lacesof..any continuation ..of'the~e or Jon.t~n\~~uPlic~,e~r.t~.g~'~S~~~;~~~p1~ounced. during ,th~ hearmg'.li~(f no Iurth~r n.o!lCes regar?!.ng th:se, . matters Will be pub"she~:- !'j} ':t" '~.;~:~';~":i .";\ j f ". 'I: " '~~I 'S.';t' j";' ~ ';",\_-1 (...~<_:..;-:l.-L-.:;i~.: ~ ~.~jf ~:~):~.: _k', You are ad~i~~(fthat ~~~ p~;~on wh~~d~ires;t~~~ppe~finr decision made at the p'ublic hearingswilLneed a record of '~ ~~".. .:~ '~f'" "";~-,,, .',' .::.,!;. 'I;. _ !~"';I".V"f.<:";l~. '-'+'=-, ,'"~',~,~" the proceedings and for this pu!p~sel11ayii~edtoe.nsuJ~ !~ot~ verbatim recordot ihe.praceedings is;'~aae f~hkh/includes'. . .the tesiimon~ and e~idence ~p~n..w~ic~'a~pe~lis based.' . ...... /.. '. I:; ..,.... Persons with~disabUities ~eedihgas'S!Sfahce 'to participate in any of these proceedings should contact. the City Clerk's Office.48 hours. in advance of the meeting, at ~07-90S~31 OS. Beth Eikenberry, City Clerk Thursday, May 6, 2010 ~. . / ;.'" '"~'-~~1!, .."t . . -.-- .,._----.....--_.__..~... ~