HomeMy WebLinkAboutOrdinance 99-24
ORDINANCE NO. 99-24
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA;
RELATING TO ROAD IMPACT FEES; AMENDING
SECTIONS 87-1 THROUGH 87-13, INCLUSIVE OF
ARTICLE I OF CHAPTER 87 OF THE CODE OF
ORDINANCES OF THE CITY OF OCOEE WITH RESPECT
TO INTENT, ALTERNATIVE FEE CALCULATIONS,
DEVELOPMENT AGREEMENTS, ROAD IMPACT FEE
CREDITS, VESTED RIGHTS, EXEMPTIONS AND USE OF
FUNDS; REPEALING SECTION 87-14 OF ARTICLE I OF
CHAPTER 87 OF THE CODE OF ORDINANCES OF THE
CITY OF OCOEE RELATING TO SCHEDULED FEES AND
ADOPTING A NEW SECTION 87-14 WHICH UPDATES
AND REVISES THE ROAD IMPACT FEE SCHEDULE OF
FEES AND IN CONNECTION THEREWITH ESTABLISHES
NEW LAND USE CATEGORIES FOR THE PURPOSE OF
DETERMINING APPLICABLE ROAD IMPACT FEES;
PROVIDING FOR SEVERABILITY; PROVIDING FOR
CODIFICATION; PROVIDING AN EFFECTIVE DATE.
BE IT ENACTED BY THE CITY COMMISSION OF THE CITY OF OCOEE,
FLORIDA, AS FOLLOWS:
SECTION 1.
Sections 87-1 through 87-13, inclusive, Article I of Chapter 87 of
the Code of Ordinances of the City of Ocoee, Florida, is hereby amended to read as follows:
ARTICLE I
ROAD IMPACT FEES
~ 87-1. Title; authority.
A. This Article shall be known and may be cited as the "Road Impact Fee
Ordinance. "
B. The City Commission of the City of Ocoee has the authority to adopt this
Article pursuant to Article VIII of the Constitution of the State of Florida
and Chapters 163 and 166 of the Florida Statutes.
006.136292.1
~ 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. the
existiag road system, an estimate of transportation demand. analysis of
existiag road system deficiencies and. an analysis of projected credits for
developer contributions and the development of an impact fee schedule
road system needs contained in a report entitled_ "City of Ocoee
Transportation Impact Fee Update" dated November 1998. "Traffic
Impact Fee Final Study dated J al'lUary 1996. "
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.
~ 87-3. Payment required.
Any person who applies for the issuance of a building permit for a new building shall be
required to pay a road impact fee in the manner and amount set forth herein. Except as
provided herein, no building permit for a new building shall be issued unless and until the road
impact fee hereby required has been paid. For the purposes of this Article, all references to
"building permit" shall refer to a building permit for a new building and shall not apply to such
building permits as may be issued by the city for site clearing and other activities which
precede the issuance for a new building.
~ 87-4. Schedule; alternative fees.
A.
The road impact fee shall be determined in accordance with the Road
Impact Fee Schedule set forth in ~ 87-14. In addition, an applicant may
propose an alternative impact fee as set forth in ~ 87-5 herein or may
propose to enter into a development agreement with the city as set forth
in ~ 87-6 herein.
B.
In the event that an applicant for a building permit contends that the new
building for which the building permit is requested is not within the
categories set forth in Subsection A above or is within a different
category, then the Development Review Committee shall make a
determination as to the appropriate category. Such determination may be
appealed to the City Commission, whose decision shall be final and
binding on the applicant.
006.136292.1
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~ 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 established iFl ~ 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 in 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
recommeFlded aD alternative road impact fee for file applieaFlt
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 ~ 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 fmal 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 Road Impact
Fee Update Study, dated 1995, and shall be compatible with assumptions
used for development of aB standards improvements driven impact fee
calculation, provided that:
(1)
(2)
(3)
006.136292.1
The independent source is an accepted standard source of
transportation engineering or planning data;
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 engineering; or
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 described in such prior study.
There shall be a rebuttable presumption that a traffic impact study
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which is condu.cted more than two (2) years old prior to the
effective date of this Article 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. file city's major road network
system. 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 Glm shall collect a flat
fee of five hundred dollars ($500) and a review deposit of fi'/e lmnd.red
one thousand dollars ($500.) ($1.000) from the applicant. Section 1-12 of
Article I of the L~nd Development Code l:lse legislatioFl, (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.
~ 87-6. Development agreements.
A.
An applicant may propose to enter into a development agreement with
the city to establish alternative road impact fees or to provide for road
impact fee credits for the undertaking by the applicant of equivalent road
improvements necessary to serve new development. Equivalent road
improvements must be demonstrated to be consistent with and further the
Ocoee Transportation Master Plan and shall be those that exceed
necessary concurrency-related mitigation improvements eooaoce roads
on tbe im.provement driveFllistiag. and shall not include improvements
which mitigate operational impacts generated by the development. A
development agreement may include, but shall not be limited to,
provisions which:
006.136292.1
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(1) Permit the construction of specific road system improvements in
lieu of or with a credit against the road impact fee otherwise
assessable under ~ 87-4 or 87-5 above.
(2) Provide for a transfer of credits as provided for in ~ 87-7 to any
successor in interest in the land.
(3) Allow a schedule and method of payment of impact fees In a
manner different than provided in ~ 87-11.
B. Any agreement proposed by an applicant pursuant to this section shaH
must be presented to and approved by the City Commission prior to the
issuance of a building permit in order for any road impact fee credits to
be applicable to such building permit. Any such agreement shall provide
for execution by any mortgagees, lienholders or contract purchasers in
addition to the landowner and shall require the applicant to record such
agreement in the public records of Orange County. The City
Commission shall approve such an agreement only if it finds that the
agreement will apportion the burden of expenditure for new facilities in a
just and equitable manner, consistent with applicable Florida Statutes and
case law and this Article-:-. provided. however. that the City shall not be
required to enter into anv agreement pursuant to this Section 87-6.
~ 87-7. Credits.
A. An applicant shall be entitled to a credit against the road impact fee
assessed pursuant to this Article in an amount equal to the cost of off-site
roadway improvements and the cost of improvements to on-site roads
which create excess capacity for general public traffic that otherwise
would not be required as a condition of development approval for
operational or capacity mitigation: or contributions of land, money or
services contributed or previously contributed by the applicant or his
predecessor in interest as a condition of any development agreement
entered into with the city so long as such development agreement
expressly provided for road impact fee credits of any kind with respect
thereto. Any improvements after which credits are granted must be
demonstrated to be consistent with and further the Ocoee Transportation
Master Plan. create excess tramportatioFl capacity to file city's
impro':ement driven listing of road im.pro'/emems. Such credit shall be
based on the following criteria:
(1)
The actual cost of off-site related improvements by the applicant.
Off-site improvements eligible for a credit are those
improvements proposed for a building site which are required by
the city to serve the building's external trips and general public
006.136292.1
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006.136292.1
traffic in excess of concurrency requirements. Improvements not
eligible for a credit are those operational enhancements necessary
to serve internal trips or to provide safe and adequate ingress and
egress, such as acceleration and deceleration lanes, turn lanes,
traffic signals, paving of existing rights-of-way or perimeter
roads.
(2) 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 roads which creates
excess capacity for general public traffic.
(3) The contribution of land, money or services by the applicant for
off-site improvements to the road system and for improvements to
on-site roads which create excess capacity for city or county
roads. general public traffic. No road impact fee credits shall be
granted for improvements to state roads. 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 MAl 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 that 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 (2)
appraisals.
(4) Unless otherwise provided in a development agreement between
the city and the applicant or his predecessors in title, no credit for
contributions or donations made prior to March 21, 1989, shall
be granted unless the cost of the improvements were paid for or
the contributions were made within the two (2) years prior to
March 21, 1989.
(5) No credit shall exceed the amount of the road impact fee assessed
under ~ 87-4, 87-5 or 87-6 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 this section may be transferred by the
applicant to any successor in interest of the property. Credits may not be
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transferred to any other property without approval of the Ocoee City
Commission.
D. Previous development agreements wherein voluntary road impact fees
were specified and paid shall be binding as to any building permit issued,
on or before March 21, 1989, on land subject to the development
agreement.
E. Notwithstanding the criteria specified in ~ 87-7A(I), (2) and (3) above, if
any of the development agreements listed in ~ 87 -8B of this Article
provide that credits against future road impact fees enacted by the city
will be granted for specified contributions of land, money or services for
improvements to the road system, such credits against the impact fee
shall be granted on the basis provided for in such agreements.
F. The city may, at its sole discretion, provide a cash reimbursement in lieu
of the credit provided by this section. The cash reimbursement shall be
based upon the criteria established by this section. The amount of the
cash reimbursement 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.
~ 87-8. Vested rights.
A. It is not the intent of this Article to abrogate, diminish or modify the
rights of any persons 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 Article. Such petition shall be
evaluated by the City Attorney and a recommendation thereon submitted
to the City Commission based on the following criteria.
(1)
There exists a valid, unexpired governmental act of the city
authorizing the building for which a certificate of occupancy is
sought.
(2)
Expenditures or obligations made or incurred in reliance upon the
authorizing act are reasonably equivalent to the fee required by ~
87-4 of this Article.
(3)
That it would be inequitable to deny the applicant the opportunity
to occupy a previously approved building under the conditions of
the previous approval by requiring the applicant to comply with
the requirements of the Article.
006.136292.1
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B. The city specifically acknowledges the existence and validity of various
the f-ollowing development agreements on file in the City Clerk's office.
~ 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. and
similar tax supported structures.
C. Buildings owned by a fraternal, benevolent, charitable, eleemosynary,
philanthropic, altruistic, civic, community, veteran, educational or other
nonprofit organization.
D. Additions to or expansions of single-family residential buildings.
~ 87-10. Separate account to be kept.
The road impact fee 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 such funds shall require the
approval of the City Commission.
~ 87-11. When fee due.
Except as provided for in ~ 87-6 above and ~ 87-12 below, the road impact fee shall be due
and payable at the time of issuance of the building permit for a new building.
~ 87-12. Use of funds.
A. The funds collected by reason of establishment of the road 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 road system determined to be needed to offset the
impacts of new development within the City of Ocoee, including but not
limited to:
Corridor studies and environmental assessments.
(1)
(2)
Design and construction plan preparation.
006.136292.1
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006.136292.1
(3) Right-of-way acquisition, including legal fees.
(4) The construction of new through lanes.
(5) The construction of new turn lanes.
(6) The construction of new bridges.
(7) The construction of new drainage facilities in conjunction with
new road construction.
(8) The purchase and installation of traffic signalization.
(9) The construction of new curbs, medians and shoulders.
(10) Relocating utilities to accommodate new road construction.
(11) The payment of debt services incurred for completion of the
above-listed use of funds.
B.
All funds shall be used exclusi'lely \':ithin the area from which they were
collected and. in a manner consistent with the principles set forth in the
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 any roads.
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 Road Impact Fee Account. Applicants shall not receive a
credit for or be entitled to interest from the investment of funds, except
as provided in Subsection D.
D.
Any funds not expended or encumbered six (6) years from the date road
impact fee was paid shall, upon application of the fee payer and proof of
payment, be returned with interest at the rate of six percent (6%) per
annum;" if such funds were not expended or encumbered on the date the
city receives the application.
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~ 87-13. Penalties for offenses.
Violations of this Article shall constitute a misdemeanor enforceable in accordance with ~ 1-12
of the City Code or by an injunction or other legal or equitable relief in the Circuit Court
against any person violating this Article, or by both civil injunctive and criminal relief.
SECTION 2.
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 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
006.136292.1
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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.
PASSED AND ADOPTED this .I:S..:nL day of :rUN 2. ,1999.
APPROVED:
~fJ./U~j~
Jean Grafton, City Clerk
()..c..tiNv ~ eu~~
t (SEAL)
CITY OF OCOEE, FLORIDA
, ;$;or (
ATTEST:
ADVERTISED May 20 , 1999
READ FIRST TIME May 18 , 1999
READ SECOND TIME AND ADOf'fEf) CONTJ:KLC.Elb "4
JUN~ I ,1999. A\\o.n.b J'u.Nii LS',lqqq
UNDER AGENDA ITEM NO. \IT A,
rol.\"ClI.u~~c:. "~'J:."~ t.e"~:a:.t4G>.
FOR USE AND RELIANCE ONLY BY
THE CITY OF OCOEE, FLORIDA;
APPROVED ASJO FORM AND LEGALITY
this 1 S- day of \J U1AJ( ,1999.
::LEY~7~
City Attorney
006.136292.1
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EXHIBIT" A"
OCOEE TRANSPORTATION IMPACT FEE UPDATE IMPACT FEE SCHEDULE
Land Use Unit of Measurement Net Impact Fee
RESIDENTIAL
Single Family Dwelling Unit $1,865.97
Apartment Dwelling Unit $1,292.73
Condominium/Townhouse Dwelling Unit $1,142.59
Mobile Home Dwelling Unit $937.86
LODGING
Hotel-Motel Occupied Room $1,618.93
OFFICE
less than 100,000 SF 1,000 SF $2,977.60
100,000 to 200,000 SF 1,000 SF $2,307.67
greater than 200,000 SF 1,000 SF $2,049.77
Medical-Dental Office Building 1,000 SF $6,151.89
RETAIL
less than 50,000 SF 1,000 SF GLA $4,359.57
50,000 to 100,000 SF 1,000 SF GLA $2,885.07
100,000 to 199,999 SF 1,000 SF GLA $3,031.1 0
200,000 to 299,999 SF 1,000 SF GLA $3,404.5~
300,000 to 399,999 SF 1,000 SF GLA $3,472.09
400,000 to 499,999 SF 1,000 SF GLA $3,450.15
500,000 to 999,999 SF 1,000 SF GLA $3,776.35
1,000,000 to 1,250,000 SF 1,000 SF GLA $3,920.93
greater than 1,250,000 SF 1,000 SF GLA $3,776.19
Convenience Market with Gas Pumps Fueling Position $8,851.12
Gasoline/Service Station Fueling Position $3,299.55
Restaurant, Fast Food 1,000 SF $12,922.02
Restaurant, High Turnover (Sit-Down) 1,000 SF $12,174.65
Restaurant, Quality 1,000 SF $13,249.23
New Car Sales 1,000 SF $4,991.75
Pharmacy /Drugstore 1,000 SF $4,286.31
Quick Lubrication Vehicle Shop Servicing Positions $783.00
Wholesale Tire Store Service Bay $1,016.62
SERVICES
Drive-In Bank 1,000 SF $4,886.08
Walk-In Bank 1,000 SF $2,882.90
INSTITUTIONAL
Day Care Center 1,000 SF $4,170.82
MEDICAL
Hospital 1,000 SF $2,943.32
Nursing Home 1,000 SF $279.42
INDUSTRIAL
Light Industrial 1,000 SF $1,565.01
Manufacturing 1,000 SF $857.73
Mini-Warehouse 1,000 SF $387.54
Warehousing 1,000 SF $1,113.70
PORT AND TERMINAL
Truck Terminal 1,000 SF $2,211.68