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HomeMy WebLinkAboutOrdinance 2005-005 ORDINANCE NO. 2005-005 AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA RELATING TO FIRE IMPACT FEES; AMENDING SECTION 87-28.C OF ARTICLE III OF CHAPTER 87 OF THE CODE OF ORDINANCES OF THE CITY OF OCOEE RELATING TO INTENT, PURPOSE AND BASIS; AMENDING SECTION 87-30 OF ARTICLE III OF CHAPTER 87 OF THE CODE OF ORDINANCES OF THE CITY OF OCOEE RELATING TO FEE SCHEDULE; CHANGING THE CALCULATION OF THE FIRE IMPACT FEE FOR RESIDENTIAL DWELLING UNITS FROM ONE BASED ON SQUARE FOOTAGE TO A FLAT RATE PER RESIDENTIAL DWELLING UNIT; INCREASING THE FIRE IMPACT FEE PER SQUARE FOOT FOR NONRESIDENTIAL STRUCTURES; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; PROVIDING AN EFFECTIVE DATE. WHEREAS, 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; and WHEREAS, the City Commission of the City of Ocoee desires to change the calculation of the fire impact fee for residential dwelling units from one based on square footage to a flat rate per residential dwelling unit and increase the fire impact fee per square foot for nonresidential structures, provided, however, that the existing fees shall apply to any new buildings for which a building permit application has been submitted to the City on or prior to the effective date of this Ordinance and for which a building permit is issued within ninety (90) days from the date of adoption of this Ordinance; and 006.330576.5 WHEREAS, the City has conducted an updated study regarding impact fees and according to this study has made a determination as to the necessary uniform fire impact fees for new residential dwelling units and new nonresidential structures within the City. NOW, THEREFORE, BE IT ENACTED BY THE CITY COMMISSION OF THE CITY OF OCOEE, FLORIDA, AS FOLLOWS: SECTION 1. Authoritv. The City Commission 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. Amendment to Section 87-28.C Section 87-28.C of Article III of Chapter 87 of the Code of Ordinances of the City of Ocoee, Florida, is hereby amended to read as follows (with deletions stricken and additions underlined): C. This article is based upon a study by the Ocoee Fire Department and Planning Department Lj;ls...updat~dminmCQnn.e.ctiQll...with.tlle....gdo121imL..of thi~9.l'Qil19:rI9~L~of the anticipated growth in the City of Ocoee and a projection of the equipment and facilities necessary to serve the anticipated growth. SECTION 3. Amendment to Section 87-30 Section 87-30 of Article III of Chapter 87 of the Code of Ordinances of the City of Ocoee, Florida, is hereby amended to read as follows (with deletions stricken and additions underlined): ~ 87-30. Fee schedule. A. The following fire 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 development permit for the construction of any structure to be used fef as a residential or nonresidential dwelling or nonresidential structure: (1) Residential: $.();l.g~ $636.00 per Dwellim! Unit square foot. (2) Nonresidential: ${~4-$0.47 per square foot. 006.330576.5 -2- B. The fees imposed for residential and nonresidential construction are a result of the city's fee calculation study which was designed to ensure that the impact fees imposed are rationally related to the benefit received by the applicant. C. In the event that an applicant believes the impact of the construction will be less than that set forth above, the applicant may, at his option, submit evidence to the City Commission in support of an alternative assessment. Based upon convincing and competent evidence, the City Commission may adjust the impact fee as appropriate for the particular property. SECTION 4. 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 5. 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 6. Effective Date. This Ordinance shall become effective immediately upon passage and adoption, provided, however, (1) that the fees in place immediately prior to the adoption of this Ordinance shall apply to any new buildings for which a building permit application has been submitted to the City on or prior to the effective date of this Ordinance and for which a building permit is issued within ninety (90) days from the date of adoption of this 006.330576.5 -3- Ordinance; and (2) that the fees in place immediately prior to the adoption of this Ordinance plus fifty percent (50%) of the applicable increase in such fees adopted by this Ordinance shall apply to any new buildings for which a building permit application has been submitted to the City on or prior to the effective date of this Ordinance and for which a building permit is issued between ninety-one (91) and one hundred eighty (180) days from the date of adoption of this Ordinance. PASSED AND ADOPTED this 15th day of March, 2005. ATTEST: APPROVED: ~~ CITY OF OCOEE, FLORIDA 57ttJ~ (SEAL) S. Scott Vandergrift, May FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA; APPROVED AS TO FORM AND LEGALITY this 15th day of March, 2005. ADVERTISED 'Tc::3-n, ~ ,2005 AND \L\ov--. 3 , 2005 READ FIRST TIME -:S-an.. \ 6 ,2005 READ SECOND TIME AND ADOPTED Ua-:ruh \ r:; , 2005 UNDER AGENDA ITEM NO.-' 1- FOLEY & LARDNER LLP By:6)lW City Attorney 006.330576.5 -4-