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Home My WebLink AboutItem #14 Code of Ordinance Amendment - Reduction of Impact Fees and the Deferral of the Road Impact Fees Payments Extension Until April 30, 2015`` 4 %* 001 �)C()( florida AGENDA ITEM COVER SHEET Meeting Date: December 2, 2014 Item # I � Reviewed By: Contact Name: Mike Rumer Department Director: Contact Number: (407) 905 -3100 x 1018 City Manager: Subject: PROPOSED AMENDMENT EXTENDING THE SUNSET DATE OF THE TEMPORARY DEFERRAL OF ROAD IMPACT FEE PAYMENTS TO CERTIFICATE OF OCCUPANCY OR PRE - POWER, PROVIDING FOR AN EXTENSION ON PAYMENT OF ROAD IMPACT FEES, PROVIDING FOR THE TEMPORARY TWENTY -FIVE PERCENT (25 %) REDUCTION OF ROAD IMPACT FEES, AND A TEMPORARY FIFTY PERCENT (50 %) REDUCTION IN RECREATIONAL PARK, FIRE, AND POLICE IMPACT FEES TO APRIL 30, 2015 ISSUE: Should the Honorable Mayor and City Commissioners approve an Amendment to the City of Ocoee Code which will (i) include an extension of the Temporary Deferral of Road Impact Fee Payments from December31, 2014, to April 30, 2015, (ii) provide a temporary twenty -five percent (25 %) reduction of road impact fees until April 30, 2015, and (iii) provide a temporary fifty percent (50 %) reduction of recreational park, fire, and police impact fees until April 30, 2015? BACKGROUND: The City's Transportation Impact Fee update is being reviewed for final comment and adjustment however will not be ready to adopt before the sunshine date of December 31, 2014. Staff is requesting an additional extension to adopt the updated Transportation Impact Fees in 2015. Also, per Florida Statute Section 163.31801: "Impact Fee adjustments are required to be noticed no less than 90 days before the effective date of an ordinance or resolution imposing a new or increased impact fee. A county or municipality is not required to wait 90 days to decrease, suspend, or eliminate an impact fee." The additional time will give the City time to properly notice the amendment if new fees or higher fees are proposed. RECOMMENDATIONS: Staff recommends that the Mayor and City Commissioners approve the extension to April 30, 2015. Attachments Ordinance City Commission Meeting Date: December 2, 2014 Project: Impact Fee Reduction Extension Financial Impact: None Type of Item: .(please mark with an x') . , . 4- P64)ic Hearing n2ice First Reading Ordinarlce Second Reading Resolution Commission Approval Discussion & Direction For Clerk's Dept Use Consent Agenda Public Hearing Regular Agenda Original Document/Contract Attached for Execution by City Clerk Original Document/Contract Held by Department for Execution Reviewed by City Attorney Reviewed by Finance Dept. Reviewed by Q N/A N/A N/A 2 ORDINANCE NO. AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA RELATING TO ROAD, RECREATIONAL PARK, FIRE, AND POLICE IMPACT FEES; PROVIDING FOR THE EXTENSION OF THE TEMPORARY DEFERRAL OF ROAD IMPACT FEE PAYMENTS UNDER CERTAIN CIRCUMSTANCES; PROVIDING FOR THE TEMPORARY REDUCTION OF IMPACT FEES FOR ROADS, RECREATIONAL PARK, FIRE AND POLICE; PROVIDING FOR RETROACTIVE APPLICATION OF THE TEMPORARY REDUCTION; ADDRESSING THE AFFECT ON THE TEMPORARY DEFERRAL ON EXISTING ANNEXATION AND DEVELOPER AGREEMENTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Ocoee (the "Ocoee City Commission ") recognizes that the adverse effects of the national recession and the financial and credit crises are still impacting the state and local economy; and WHEREAS, the City previously enacted Ordinance 2012 -004, Ordinance 2013 -029, and Ordinance 2014 -011, which temporarily deferred the timing of road impact fee payments for projects; 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 further deferring the timing of the payment of road impact fees; and WHEREAS, the City has also received input suggesting that some of the economic challenges could also be addressed in part by reducing the impact fees assessed to new development; and WHEREAS, the City Commission finds it to be in the best interest of the citizens of Ocoee to try to encourage economic development by temporarily deferring the timing for the payment of road impact fees and temporarily reducing the impact fees assessed to new development; and WHEREAS, the City Commission has determined that such a temporary deferral and reduction 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: 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. Amendment to Section 87- 3.1.F. Subsection (F) of Section 87- 3.1 (Temporary deferral of road impact fee payments) of Article I (Road Impact Fees) of Chapter 87 (Impact Fees) of the Code of Ordinances of the City of Ocoee, Florida (the "Ocoee Code ") is hereby amended to read as follows: (F) Except for building permit applications for projects submitted before Oeeembef1 2014 April 30, 2015 with respect to which building permits are issued no later than `�ch 15, 5 Julv15, 2015 the road impact fee deferral set forth in this section shall sunset on December 24�4 April 30, 2015 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. Amendment to Section 87 -4.C. Section 87 -4.C. (Schedule, alternative fees) of Article I (Road Impact Fees) of Chapter 87 (Impact Fees) of the Code of Ordinances of the City of Ocoee, Florida (the "Ocoee Code ") is hereby amended to read as follows: (C) Provided, however, that the road impact fee shall be reduced by twenty -five percent (25 %) for any building pen issued between January 1, 204-4 2015 and Deeembef 31, 2 1 014 April 30, 2015 This temporary twenty -five percent (25 %) reduction shall not apply to any alternative road impact fee approved pursuant to Section 87 -5 or established by development agreement with the City pursuant to Section 87 -6. This deferral shall sunset on 31, 2014 April 30, 2015 without further action by the city commission. SECTION 4. Amendment to Section 87 -18.B. Section 87 -18 (Assessment of Fees) of Article II (Recreational Parks Impact Fees) of Chapter 87 (Impact Fees) of the Ocoee Code is hereby amended to read as follows: (B) Provided, however, that the recreational park impact fee shall be reduced by fifty percent (50 %) for any building permit or other development permit for the construction of any structure to be used for a dwelling unit issued between January 1, 2444 2015 and Deeemb°~ 3 249 4 April 30, 2015 This temporary fifty percent (50 %) reduction shall not apply to any alternative recreational park impact fee approved pursuant to Section 87 -20. This deferral shall sunset on Deeembpr- 3 ' 2844 April 30, 2015 without further action by the city commission. SECTION 5. Amendment to Section 87 -18.D. Subsection (D) of Section 87- 30 (Fee Schedule) of Article III (Fire Impact Fees) of Chapter 87 (Impact Fees) of the Ocoee Code is hereby adopted as follows: (D) Provided, however, that the fire impact fees shall be reduced by fifty percent (50 %) for any building permit issued between January 1, 2944 2015 and Deeember 31,z April 30, 2015 This temporary fifty percent (50 %) reduction shall not apply to any fire impact fees approved pursuant to Section 87 -30.C. This deferral shall sunset on Decembe 3 ' , 2944 April 30, 2015 without further action by the City Commission. SECTION 6. Amendment to Section 87 -18.D. Subsection (D) of Section 87 -42 (Fee Schedule) of Article IV (Police Impact Fees) of Chapter 87 (Impact Fees) of the Ocoee Code is hereby adopted as follows: (D) Provided, however, that the police impact fees shall be reduced by fifty percent (50 %) for any building permit issued between January 1, 2444 2015 and Deeember 21 2014 April 30, 2015. This temporary fifty percent (50 %) reduction shall not apply to any police impact fees approved pursuant to Section 87 -42.C. This deferral shall sunset on DeEember 31 , 2014 April 30, 2015 without further action by the City Commission. SECTION 7. 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 8. 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 re- lettered 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 re- lettered 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 re- codified copy of same with the City Clerk. SECTION 9. Effective Date This Ordinance shall become effective immediately upon passage and adoption. PASSED AND ADOPTED this day of , 2015. APPROVED: ATTEST: CITY OF OCOEE, FLORIDA Beth Eikenberry, City Clerk S. Scott Vandergrift, Mayor (SEAL) FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA; APPROVED AS TO FORM AND LEGALITY this day of , 2015. SHUFFIELD, LOWMAN & WILSON, P.A. ADVERTISED , 2015 READ FIRST TIME , 2015 READ SECOND TIME AND ADOPTED 9 2015 UNDER AGENDA ITEM NO. City Attorney