Loading...
HomeMy WebLinkAboutOrdinance 2001-24 ORDINANCE NO. 2001-24 AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA RELATING TO RECREATIONAL PARK IMPACT FEES; AMENDING ARTICLE II OF CHAPTER 87 OF THE CODE OF ORDINANCES OF THE CITY OF OCOEE WITH RESPECT TO RECREATIONAL PARK IMPACT FEES; ABOLISHING THE DISTRICTS ESTABLISHED AND ABOLISHING THE DISTINCTION BETWEEN COMMUNITY PARKS AND NEIGHBORHOOD PARKS; REVISING THE RECREATIONAL PARKS IMPACT FEE; PROVIDING FOR THE TRANSITION OF THE PREVIOUSL Y COLLECTED DISTRICT TO DISTRICT FEES; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Ocoee is divided into three (3) districts for recreational parks impact fee purposes with a different recreational park impact fee being charged for new dwelling units located in each of the three (3) districts; and WHEREAS, within each of the three (3) districts a different impact fee is charged for community parks and neighborhood parks; and WHEREAS, the City Commission of the City of Ocoee desires to abolish the different districts as they pertain to recreational park impact fees and desires to abolish the distinction between community parks and neighborhood parks so that there is only one recreational park impact fee that is applied uniformly throughout the City; and WHEREAS, the City has conducted a Parks & Open Space Impact Fee Study dated July 2001 and according to this study has made a determination as to the necessary uniform recreational park impact fee for new dwelling units within the City. 006.228623.2 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 vrn of the Constitution of the State of Florida and Chapter 166, Florida Statutes. SECTION 2. Amendment to Section 87-16.A. Section 87-16.A. of Article II 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): ~ 87-16. Purpose: intent. A. This Article 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 fees," as used in this .\rticle, refers to both community park impact fee and neighborhood park impact fee as set forth herein. SECTION 3. Amendment to Section 87-18. Section 87-18 of the Code of Ordinances of the City of Ocoee, Florida, is hereby deleted in its entirety and replaced with the following new Section 87-18: ~87-18 Assessment of Fees. A recreational park impact fee in the amount of $500.00 per residential dwelling unit is 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 for a dwelling unit. This fee is based on the City of Ocoee - Parks & Open Space Impact Fee Study dated September, 2001. 006.228623.2 -2- SECTION 4. Amendment to Section 87-19. Section 87-19 of Article II 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): ~ 87-19. Basis for imposition. The fees imposed in each district are is a result of the city's fee calculation studies which were designed to ensure that the impact fees imposed are is rationally related to the benefit received by the applicant. The fees imposed are is 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. SECTION 5. Amendment to Section 87-25. Section 87-25 of Article II 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): ~ 87-25. Separate account to be kept. The recreational park impact fees collected by the city pursuant to this Article 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 Article. The disbursal of funds shall require the approval of the City Commission. FUl'lds for community recreational parks and neighborhood recreational parks shall be kept in separate accounts within the trust fund. SECTION 6. Amendment to Section 87-26. Section 87-26 of Article II 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): ~ 87-26. Use of funds. A. The funds collected by reason of establishment of the recreational park impact fee in accordance with this Article 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 community and 006.228623.2 -3- 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 v/ere 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 7. Previously Collected Fees. All funds currently held by the City based on the separate district fee schedule shall be reallocated to the city wide recreational parks impact fee based upon the reevaluation of recreational parks needs contained within the Parks & Open Space Impact Fee Study dated July, 2001. SECTION 8. 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 9. 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 006.228623.2 -4- Manager, without need of public hearing, by filing a corrected or recodified copy of same with the City Clerk. SECTION 10. Effective Date. This Ordinance shall become effective immediately upon passage and adoption. PASSED AND ADOPTED this Jttftay of S6PIlm1~2001. ATTEST: (SEAL) FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA; APPROVED AS TO FORM AND LEGALITY this r~)\ day of~ 2001. FOLEY & LARDNER By: 006.228623.2 APPROVED: ADVERTISED September 6, 2001 READ FIRST TIME September 4, 2001 READ SECOND TIME AND ADOPTED oS tsPrbtk 6 6-L I&;, 2001 UNDER AGENDA ITEM NO. VI ft -5-