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Home My WebLink AboutOrdinance 2005-003 ORDINANCE NO. 2005-003 AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA RELATING TO ROAD IMPACT FEES; AMENDING SECTION 87-2 OF ARTICLE I OF CHAPTER 87 OF THE CODE OF ORDINANCES OF THE CITY OF OCOEE RELATING TO INTENT, PURPOSE AND BASIS; AMENDING SECTION 87-5 OF ARTICLE I OF CHAPTER 87 OF THE CODE OF ORDINANCES OF THE CITY OF OCOEE RELATING TO ALTERNATIVE FEE CALCULATIONS; PROVIDING FOR REVIEW DEPOSITS TO BE ESTABLISHED BY RESOLUTION; AMENDING SECTION 87-9 OF THE CODE OF ORDINANCES OF THE CITY OF OCOEE RELATING TO EXEMPTIONS; LIMITING THE EXEMPTION FOR BUILDINGS OWNED BY CERTAIN ORGANIZATIONS; REPEALING SECTION 87-14 OF ARTICLE I OF CHAPTER 87 OF THE CODE OF ORDINANCES OF THE CITY OF OCOEE RELATING TO SCHEDULED FEES; ADOPTING A NEW SECTION 87-140 ESTABLISHING A REVISED ROAD IMPACT FEE SCHEDULE OF FEES WHICH SCHEDULE INCREASES THE ROAD IMPACT FEES PAYABLE TO THE CITY; 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 adopt a revised Road Impact Fee Schedule of Fees; 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 006.330515.4 WHEREAS, the City has conducted an update to that certain City of Ocoee Transportation Impact Fee Update, dated November 1998, and according to this update has made a determination as to the necessary impact fees. 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. The existing Section 87-2 of Article I 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): 006.330515.4 ~ 87-2. Intent; purpose; basis. A. This article is intended to implement and be consistent with the City of Ocoee Comprehensive Plan and Ocoee Transportation Master Plan. B. The purpose of this article is to ensure that new development pays a fair share of the anticipated costs of needed city road system improvements necessary to serve new development. C. This article is based on an inventory of facility costs and capacity, an estimate of transportation demand, an analysis of projected credits for developer contributions and the development of an impact fee schedule contained in a report entitled "City of Ocoee Transportation Impact Fee Update" dated November 1998,=~~~!11(:hn~g bYJh::ltGe[t::linCilY~QfmQc.QeeT[ansPQrtatiQnJmr.m<;;tEeeUpdalemEirmlRePQIt P9pli~119gtJ9YeJ't1P9r.'....'?QQ4 . D. The intent of the City Commission is to periodically revise this article to adjust the fee schedule to reflect changes in growth patterns in the City of Ocoee and changes in cost of constructing new roadway facilities. -2- SECTION 3. The existing Section 87-5 of Article I 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): ~ 87-5. Alternative fee calculation. A. In the event that an applicant believes the impact of his new building on the roadway network will be less than that derived utilizing the Schedule of Fees in S 87-14, 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 as part of the alternative road impact fee calculation methodology 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 review the results of the study and determine the applicant's alternative road impact fee for recommendation 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 S 87-14 for the applicant. The decision of the City Commission as to the use of an alternative road impact fee or the Road Impact Fee Schedule shall be final and binding on the applicant. B. The alternative road impact fee calculations shall be based on data, information or assumptions contained in the City of Ocoee Transportation Impact Fee Update, dated November 1998 ~?,?y'pg?1~gpy.Jh~tf~rt?i!!G.j1ygJQ~99~".Ir~1!~l?QrJf1tigl! Impg<;;t....Ee.e........Update.......E.inalmRePQrtmmPu.blishedNQvernb.er,........2004, and shall be compatible with assumptions used for development of a standards-driven impact fee calculation, provided that: (1) The independent source is an accepted standard source of transportation engineering or planning data; (2) The independent source is a local study carried out by a qualified traffic planner possessing membership in the American Institute of Certified Planners or a professional engineer licensed by the State of Florida pursuant to an accepted methodology of transportation planning or engmeenng; or (3) 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 006.330515.4 -3- described in such prior study. There shall be a rebuttable presumption that a traffic impact study which is more than two years old is invalid. C. The trip length, 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 roadways identified within the Ocoee Transportation Master Plan. Those trips that do not represent additional trip ends shall not be counted as new or additional trips. D. 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. E. 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 shall collect a review deposit from the aoplicant. such review deoosit shall from time to time be established bv the Citv Commission bv resolution Hat fee of $500 and u rc\ie\\ deposit of $1,000 from th€,mmflfrpli0Hftt. Section 1-12 of Article I of the Land Development Code (Chapter 180 of the Code of Ordinances of the City), as it may from time to time be amended, shall be followed when collecting review fees and deposits under this section. SECTION 4. The existing Section 87-9 of Article I 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): ~ 87-9. Exemptions. The following shall be exempt from payment of the road impact fee: A. Those buildings which have been issued a certificate of occupancy prior to March 21, 1989; provided that the foregoing shall not create an exemption from this article as it relates to increases in the square footage of any such building footprint. B. Publicly owned and operated buildings used for general governmental purposes, including public schools, libraries, community centers, public health care facilities 006.330515.4 -4- defined as tax exempt bv the Oran2:e Countv Propertv Aporaiser. and similar tax supported structures. C. Buildings owned by a fraternal, benevolent, charitable, eleemosynary, philanthropic, altruistic, civic, community, veteran, educational or other nonprofit organization for which a buildin2: permit application has been submitted to the City on or prior to the effective date of this Ordinance and for which a buildin2: permit is issued within ninety (90) davs from the date of adoption of this Ordinance: orovided. however. that the fore2:oin2: shall not create an exemption from this article as it relates to increases in the SQuare foota2:e of anv such buildin2: footprint. D. Additions to or expansions of single-family residential buildings. SECTION 5. The existing Section 87-14 of Article I of Chapter 87 of the Code of Ordinances of the City of Ocoee, Florida is hereby repealed in its entirety and the following is hereby adopted in lieu thereof: ~ 87-14. Schedule of Fees. The road impact fees shall be as follows: See Exhibit "A" attached hereto and by this reference made a part of this Ordinance. SECTION 6. 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 7. 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 006.330515.4 -5- 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 8. 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 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. 006.330515.4 -6- PASSED AND ADOPTED this 15th day of March, 2005. ATTEST: (SEAL) FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA; APPROVED AS TO FORM AND LEGALITY this 15th day of March, 2005. FOLE~LAWNEn~ By: t5 cuJ! ( City Attorney 006.330515.4 APPROVED: RIDA ADVERTISED Tan, le , 2005 AND f(\a.{ c-h.3 , 2005 READ FIRST TIME '"];")(l. t E), 2005 READ SECOND TIME AND ADOPTED _fX\av c.h l c:;- , 2005 UNDER AGENDA ITEM NO.-3 0 -7- Exhibit "Au City of Ocoee Road Impact Fee Schedule of Fees 006.330515.4 -8-