V (A) Public Hearing - Second Reading of Ordinance No. 96-09, Repealing Attachment 9-1 of Article IX of Chapter 180, Adopting a new Attachment 9-1 relating to Traffic Circulation Capacity and Level of Service Inventory for Concurrency Management AGENDA 6-18-96
Item V A
"CENTER OF GOOD LIVING -PRIDE OF WEST ORANGE"
OCOee S.SCOTT VANDERGRIFT
OO COMMISSIONERS
_ r ti
... SCOTT ANDERSON
vI
150 N.LAKESHORE DRIVE SCOTT A.GLASS
e:#4 (4_5 OCOEE,(407)6FLORIDA562322 34761-2258 JIM GLEASON
CITY MANAGER
4Of GOOD�` ELLIS SHAPIRO
STAFF REPORT
TO: THE HONORABLE MAYOR AND CITY COMMISSIONERS
FROM: JANET G. RESNIK, CAPITAL PROJECTS/CONCURRENCY ANALYST
THROUGH: RUSS WAGNER, AICP, DIRECTOR OF PLANNING
DATE: JUNE 11, 1996
SUBJECT: PROPOSED REVISION TO ARTICLE IX, LAND DEVELOPMENT CODE
ISSUE
Should the Honorable Mayor and City Commissioners approve Ordinance No. 96-09 which
would revise the concurrency management system to allow for alternative methods of Level of
Service (LOS) analysis on roads which have reached the maximum Average Daily Trip (ADT)
capacity at LOS D?
BACKGROUND
Article IX of the Land Development Code currently provides for a maximum capacity of LOS D
(based only on ADTs) for all roads measured under Ocoee's concurrency management system.
The road segments the City currently monitors are outlined in the City's Comprehensive Plan.
(See Attachment A for a list of the road segments and the maximum capacity permitted for
each segment.)
Under the current system, traffic counts are taken once a year to measure existing traffic. The
counts measure ADTs as opposed to Peak Hour Trips or other methods of traffic analysis.
Projects that receive approval during the year are then added as "reserved" traffic; however, if a
project has vested rights, its trips are not added to the system until the project is actually built
and generating traffic. The LOS for each road segment is determined based on FDOT's
Generalized Tables for LOS. Once a road segment reaches 115 percent of LOS D, no new
projects may be approved, unless the projects have vested rights.
DISCUSSION
Under this proposed revision to Article IX, if a proposed development is located in an area
where a road segment is over capacity using Average Daily Trip counts, developers would have
the option of submitting special traffic studies. These studies would provide LOS analysis
z5
based on the current FDOT Level of Service Standards and Guidelines or the current FDOT
Manual for Uniform Traffic Studies. The studies would be based on alternative methods of
measuring traffic (other than Average Daily Trips). Most of the studies are travel time studies,
which measure the amount of time it takes for a vehicle to get from one point to another. Travel
time analysis is an FDOT-approved method for determining LOS. The use of travel time LOS
analysis has been approved in many Comprehensive Plans and concurrency management
systems (Orange County, Orlando, Seminole County, Oviedo, and Altamonte Springs).
The concurrency determination would still remain at the staff level. City staff and City
consultants would review each study and determine on a case by case basis whether or not a
proposed development falls within acceptable LOS standards. Travel time analysis would be
provided by the applicant at no cost to the City. The average cost of a travel time study is
$5,000 per road segment. In addition to Ordinance 96-09, Resolution 96-14 is also on the
agenda to incorporate a fee schedule for review of these special studies (attached).
Also attached is a letter from Ken Hooper, Project Engineer, outlining the recommendations of
the City's consulting engineering firm.
PLANNING AND ZONING COMMISSION RECOMMENDATION
The Planning and Zoning Commission, acting as the Local Planning Agency, met on
Wednesday, May 29, 1996, and voted to recommend approval of Ordinance 96-09.
STAFF RECOMMENDATION
Staff respectfully recommends that the Honorable Mayor and City Commissioners approve
Ordinance 96-09.
cc: Ellis Shapiro, City Manager
Russ Wagner, Director of Planning
Paul Rosenthal, City Attorney
Ken Hooper, Professional Engineering Consultants
Attachments
SR96016
JJ
M '
ORDINANCE NO. 96-09
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA,
REPEALING ATTACHMENT 9-1 OF ARTICLE IX OF
CHAPTER 180 OF THE CODE OF ORDINANCES OF
THE CITY OF OCOEE; ENACTING AND ADOPTING
A NEW ATTACHMENT 9-1 OF ARTICLE IX OF
CHAPTER 180 RELATING TO TRAFFIC CIRCULATION
CAPACITIES AND LEVEL OF SERVICE INVENTORY
FOR CONCURRENCY MANAGEMENT; PROVIDING
FOR CONFLICTS; PROVIDING FOR SEVERABILITY;
PROVIDING FOR CODIFICATION; AND PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Ocoee (the "City Commission")
desires to provide for a new Attachment 9-1 to Article IX of Chapter 180 of the Code of Ordinances
of the City of Ocoee relating to traffic circulation capacities and level of service inventory for
concurrency management; and
WHEREAS, pursuant to the provisions of Chapter 163, Florida Statutes, the Ocoee
Planning and Zoning Commission, acting as the Local Planning Agency of the City, has held a
public hearing on May 29, 1996 to review the relationship between this Ordinance and the Ocoee
Comprehensive Plan and following such hearing found this Ordinance to be consistent with the
Ocoee Comprehensive Plan and in the best interest of the City of Ocoee and recommended that
the City Commission adopt this Ordinance; and
WHEREAS, pursuant to Chapter 163 and Section 166.041 (3) (c), Florida Statutes,
the City Commission held public hearings on this Ordinance on June 4, 1996 and on June 18,
1996, after public notice and received public input with respect thereto; and
1
WHEREAS, the City Commission finds and determines that this Ordinance is
consistent with and implements the Ocoee Comprehensive Plan and that adoption thereof is in the
best interest of the City of Ocoee.
NOW,THEREFORE, BE IT ENACTED BY THE CITY COMMISSION OF THE CITY
OF OCOEE, FLORIDA AS FOLLOWS:
SECTION 1. Authority. The City Commission has the authority to adopt this
Ordinance pursuant to Article VIII of the Constitution of the State of Florida and Chapters 163 and
166, Florida Statutes.
SECTION 2. Repeal of Attachment 9-1 of Article IX of Chapter 180.
Attachment 9-1 of Article IX of Chapter 180 of the Code of Ordinances of the City of Ocoee,
Florida, is hereby repealed in its entirety.
SECTION 3. Enactment of New Attachment 9-1 of Article IX of
Chapter 180. A new Attachment 9-1 of Article IX of Chapter 180 of the Code of Ordinances of the
City of Ocoee is hereby adopted and shall read as set forth on Exhibit "A" attached hereto and by
this reference made a part hereof.
SECTION 4. Conflicts. All ordinances, resolutions, parts of ordinances or parts
of resolutions of the City of Ocoee in conflict herewith are hereby repealed and rescinded.
SECTION 5. 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 6. Codification. It is the intention of the City Commission 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"
2
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 7. Effective Date. This Ordinance shall become effective
immediately upon passage and adoption.
PASSED AND ADOPTED this day of , 1996.
APPROVED:
ATTEST: CITY OF OCOEE, FLORIDA
Jean Grafton, City Clerk S. Scott Vandergrift, Mayor
ADVERTISED May 23 , 1996
AND ADVERTISED June 6 , 1996
READ FIRST TIME June 4 , 1996
READ SECOND TIME AND ADOPTED
, 1996
UNDER AGENDA ITEM NO.
FOR USE AND RELIANCE ONLY BY
THE CITY OF OCOEE, FLORIDA.
APPROVED AS TO FORM AND LEGALITY
this day of , 1996.
FOLEY & LARDNER
By:
City Attorney
3
WORDS UNDERLINED REPRESENT NEW TEXT
EXHIBIT "A"
ATTACHMENT 9-1
INFRASTRUCTURE CAPACITIES AND LEVEL OF SERVICE
INVENTORY FOR CONCURRENCY MANAGEMENT
CITY OF OCOEE, FLORIDA
The following inventories in conjunction with the Infrastructure Deficiencies Map shall be maintained
by the Development Administrator to be used for the concurrency assessment of new development.
TRAFFIC CIRCULATION
1. Design capacity of the roadway network as defined by the current Florida Department of
Transportation (FOOT) Generalized LOS Tables.
2. The existing level of service measured by the average annual number of trips per day on
a roadway as provided by the Florida Department of Transportation, Orange County, City
of Ocoee. or any other approved source. If a roadway has reached the maximum capacity
as defined by the FOOT Generalized LOS Tables._the applicant may provide a more
detailed LOS analysis based on the current FOOT Level of Service Standards and
Guidelines or the current FOOT Manual for Uniform Traffic Studies. The detailed LOS
analysis may include the procedure described for a Speed and Delay Study.
3. The adopted level of service standards (as defined by the current FOOT Generalized
Tables) for all roadways classified under the FDOT's roadway functional classification
system.
4. The existing unallocated capacities or deficiencies of the roadway network.
5. The capacities reserved for those projects with a Final Certificate of Concurrency or
Transportation Capacity Reservation Certificate.
6. The projected capacities or deficiencies due to those projects with a Final Certificate of
Concurrency or Transportation Capacity Reservation Certificate.
7. The improvements to be made to the roadway network in the current fiscal year by any
approved projects pursuant to previous development orders or permits and the impact of
such improvements on the existing capacities or deficiencies.
8. The improvements to be made to the roadway network in the current fiscal year and the first
three years of the Five-Year Capital Improvement Plan by the City of Ocoee, Orange
County, the Florida Department of Transportation, or other public agency and the impact
of such improvements on the existing capacities and deficiencies.
18225
9. Annual update of the City's transportation network as modeled using the Region's most
recent OUATS model.
SANITARY SEWER
1. The design capacity of the wastewater treatment facility.
2. The existing level of service standard for average daily flows per equivalent residential unit.
3. The adopted level of service standard for average daily flows per equivalent residential unit.
4. The existing deficiencies of the system.
5. The capacities reserved for approved but unbuilt development.
6. The improvements to be made to the facility in the current fiscal year by any approved
projects pursuant to previous development orders and the impact of such improvements
on the existing capacities or deficiencies.
7. The improvements to be made to the facility in the current fiscal year by the City of Ocoee
and the impacts of such improvements on the existing capacities or deficiencies.
POTABLE WATER
1. The design capacity of potable water treatment facilities.
2. The existing level of service measured by the average number of gallons per day per unit
based on the average flows experienced.
3. The existing potable water storage capabilities of the water system.
4. The existing minimum water pressure.
5. The adopted level of service standards for the potable water facility.
6. The existing capacities or deficiencies of the system.
18226
7. The capacities reserved for approved but unbuilt development.
8. The improvements to be made to the facility in the current fiscal year by any approved
projects pursuant to previous development orders or permits and the impact of such
improvements on the existing capacities or deficiencies.
9. The improvements to be made to the facility in the current fiscal year by the City of Ocoee
and the impact of such improvements on the existing capacities or deficiencies.
SOLID WASTE
1. The percentage of the total amount of solid waste disposal capacity allocated to the City
of Ocoee by Orange County or other applicable solid waste disposal facilities.
2. The existing level of service measured by the solid waste per pound per capita per weekly
collection.
3. The projected capacities reserved for those projects with a Final Certificate of Concurrency.
4. The existing recycling criteria as established by the Florida Department of Environmental
Protection and Orange County.
STORMWATER DRAINAGE
1. The existing level of service measured by storm event as determined by the City of Ocoee
and its consulting engineers.
2. The adopted level of service standard for storm drainage.
RECREATION AND OPEN SPACE
1. The existing acreage of park land.
2. The existing level of service measured by the number of acres of park land available per
1,000 residents of the City of Ocoee based on an inventory of park lands in the City and the
population of the City.
18227
3. The existing capacities or deficiencies of the recreational facilities.
4. The capacities reserved for those projects with a Final Certificate of Concurrency.
5. The projected capacities or deficiencies due to those projects with a Final Certificate of
Concurrency.
6. The improvements or additions of land to be made to the recreation system in the current
fiscal year by any approved projects pursuant to previous development orders and the
impact of such improvements on the existing capacities or deficiencies.
7. The improvements or additions of land to be made to the recreation system in the current
fiscal year by the City of Ocoee and the impact of such improvements on the existing
capacities or deficiencies.
18228
MR
1 _
-� AV'P A -
' QCCEE RQAC CON - _. • I ." ^I+ 1 of 5
Traffic Volumes and Capacities by Road Segments
Overall Summary
Z\ C �� ��� \�\� \ \. .�, \ \\.,\, �,c:. t. +, 05/16/96
\„.........g.,,,,. '� �\�\�\.. \ \ �\� 1,‘,;\'M- •......1°..'..tl �s sib\G `a
:`\ :\�\moi\ \ \.. \\\\� . TIE ,3g.4 '`cC \ • •<:e, x ,.a•M\tti t• W\,=Ti:il"J;it?'IQ, t. i,:, s
i r I
A.J.Mims Ra Wurst Ra/Clance Rd 2 6.840, 2841 7,124u 16.9001 9,776, 42%�
• Clarke Rd/A000ka-Vineland Rd I 2 ! 6.2241 1.5041 7.72811 16.9001 9.172146°,,4
Adair St -Wurst RWClarcona-Ocoee Rd : 2 3.3681 01 3.36811 9.0001 5632! 37%4
1 Aoopka-Vineland Rd S.R.I438/A.D.Mims Rd 1 2 14,4671 1.4881 15.9551M;
A.D.Mims Rd/Caroms-Ocoee Rd .1 2 1 11,3051 1,8201 13.1254 15.1001 1.9751 87%4
Clarcona-Ocoee Rd/McCormick Rd 1 2 8.9071 01 8.9071 15.1001 6,1931 59%4
1 1 I i 1 1
. Blutora'Ave S.R.50/Geneva St 2 10,087; 4351 10.522:1 12.8001 2.2781 829'oii
Geneva St/White Rd i 2 . 9.6691 1,342! 11.0111 12.8001 1,7891 86%1
• White Rd/McKey St 1 2 9,7881 6541 10.4421 12.8001 2.3581 82%1
• McKey St/S.R.438 2 11.5801 822' 12.402!l 12.8001 3981 97%1
Bowness Rd KissimmeeAverS.R.438 2 9.7081 942! 10.6504 15.300; 4.6501 70%1
d I 1 1 1 1 .1
1 Clarcona-Ccoee Rd 1S.R.438/Wurst Rd 1 2 9,3641 381 9.4020 16.2001 6.7981 58%i
(aka Lakewood Ave) ;Wurst Rd/Carke Rd •I 2 4.9181 01 4,91811 16,2001 11.2821 30%4
'Clarke Rd/A000ka-Vineland Rd 2 4.7391 01 4.73911 16.2001 11.461! 29%1
Clarke Ra S.R.50Nvhtte Rd 1 4 12.6441 16.9781 29.622:1 33.3001 3,6781 89°,'°0
• White Rd/S.R.438 4 • 13.3631 13.6371 27.00011 33.3001 6.3001 81%4
S.R.438/A.D.Mims Rd 4 6.6941 4.8841 11,57811 33.3001 21.722: 35%1
A.D.Mims Rd/Clarcona•Ccoee Rd 1 4 - 2.1391 2.13911 33.3001 31.161' 69'°41
clewellino St Ocoee Hills Rd/Russell Or • 2 2.372' 2' 2.374:1 8.600: 6.2261 28%.
Puiiers Cross Rd Ocoee-A000ka/Clarcona-Ocoee I 2 3.049, 01 3.04911 11.5001 8.451; 27%4
1
Geneva St Kissimmee Rd/8lutora Rd 2 5.113. 980; 7 093! 14 700' '7.607 48%4
Good Homes Rd S.R. 50AVh!te Rd 2 15.105: 3.5661: 18.666,E 15,500 (3.1661 120%..
'.Vhue Rd/S.R.438 2 7.385; 2.940' 10.325,: 15.500 5.175; 57%
•
acxnev-Frame Ra Clare Rc.'A000xa-vine!ana Ra 0 0 12.400 12,400 0%
•
_unto Shores Rd S.R. 438/A.D.:Mims Rd 1.581 298 1.379.. 12.000 10.121 1459;
Kiss:mmee 4ve Maguire Ru/Bowness Rd 2 13.751 747 14 498 15.300 302' 95%.
•
•
Maguire Rc Gutna RwRooerson Ra 2 8,747 182 3.9294 17.400 .3.471 5 i%..
Roberson Rd/Tomvn Rd 2 8.002 720' 3.722': 17.400 8,66678. 50%•
Tomvn RciProfessional Prkwv 2 11.088 723. 11.911 17.400 5.589! 68%
Professional PricwviS.R.50 2 12.752 792 13.544.1 17.A00 3.856• 78%
•
S.R.c0/Story Rd 2 12.387 992 13.279 I 15.300• 2.021; 87%
htarsna,i Farms Rd S.R.S0iMaoutre Rd 2 3.504 470 3.974.. 11.000 7.026 36%
,,cxev St Kissimmee Aver8lutora Ave _ 4.220 46 4 266' 11.200 5.934. 38%..
•
Cccee-.. cocxa Rc S.R.4:lai8eitwav 2 9.952 416 10.368. 17,4C0 7.032 50%
3eltwavihtcDormicr Rd 12.941 0 12.941 • 17.400 4.459 749,.
Cccee-1iIs Ra S.R.4384F;eweuinc St 3.268 4 3.272 3.500 5.328 384'°
CIa Winter Garden Rd S.R.50/Slam-wood Ave 2 14.195. 251 14.446 15.500 1.054. 93%,
Blackwood AveiHemoel Ave 2 13.688 499• 14 187" 15.500 1.313• 92%
=roress,onal P•+cwv Macuire Ra/Cid Winter Garden Rc _ 3.907 90 3.997 10.500 6.603 38%.
Russe!I Cr =;ewe!lino S1iWiIIow C;eex Rd 2 1.398 0 1.398 3.500 0.702 2°5
S.R.50 9th Slrwcrfora Rd 4 41.057 3.119 44.176. 43.400 (77666) 102%
(West Colonlai Cr) Wofford Rd:Maguire Rd 4 43,947 4.929 48.876 43.400 (5.4761 113%:
Maguire Rd/CId Winter Garden Rd 4 43.947 5.722: 49.669 43.400 (6.2691 114%,:
Cld Winter Garden Rd/Carke Rd 4 36.221 3.785: 45.006 43.400 (1.6061 104%.:
C:ance Rd/Good Homes Rd 4 31.975 14.609 46.584 43.400 (3.1841 107%
S.R.438 E.Crown Point Rd/Bowness Rd 4 11.576 226 11.302. 16.300 4.798! 71%.
(Silver Star Rd) Bowness Rc/Bluford Ave 4 12.977 827 13.304.. 16.600 2.796, 33%•
3lutord AveiCiarke Rd 2 11.310 4,112 15.422.. 16.600 1.178; 93%-
C:arke Rd/Good Homes Rd 2 15.940 5.391 22.331 ' 16.600 (5.7311 135%
Story.Ra 9th SUWotforu Rd _ 3.557 541 9.098 14.700 5.602. 02%..
Woffcre Rd/Kissimmee Ave 2 5.629 742 5.371 14.700 3.329 43%
Nhlte Ra 3luiorc AveCiarxe Ra 2 3.965 3.278 7._43 13.200 5.957 55-10.
C:arae RcrGocd Homes Rd 2 5.323 3.487 3.115 13.200 4 085 594'°.
i'iilow Creex Rc Russel Cr:wurst Sc 2 1.243 0 1.243 3.000 7.357 14%.
Hurst Rd C:arccna-2ccee Ro/A.D..!Aims Ra 2 7.151 249 7 400 12.000 4.000 62%
. PEC
PROFESSIONAL ENGINEERING CONSULTANTS. INC. �� M:IY 2 Vii.
•
CITY
07
May 23, 1996 OE-236
•
Ms. Janet Resnik
Development Administrator
City of Ocoee
150 North Lakeshore Drive
Ocoee, Florida 34761
RE: Ocoee Road Concurrency Management System (CMS)
Dear Ms. Resnik:
This letter is provided in response to several discussions with City staff concerning the
Ocoee Road Concurrency Management System (CMS).
Currently the Level of Service LOS) determination for roadways within the City's
concurrency management system is based solely on average daily trips ( .DTs). The City
obtains annual traffic counts from field observations and adds projected t,affic increases
from newly approved development orders during the year. LOS traffic capacity is
determined for each roadway segment based on traffic counts and prosection compared to
the current FDOT's LOS Standard and Guidelines Manual for Planning. The City's LOS •
determination is based on the Generalized Tables contained within the FDOT Manual.
The Generalized Tables are specific for urbanised areas and are applicable throughout
Florida. However, it is recognized by FDOT that traffic characteristics vary by area and
roadway facility. Therefore, FDOT has authorized the use of Travel Time Studies to
develop more precise LOS values. The FDOT LOS Manual sates "because the average
travel speed is the primary Ievel of service measure of effectiveness for arterial roadways,
travel time studies result in better level of service analysis than traffic models."
Based on the City's existing concurrency management system, only ADT's are used to
determine LOS values for each roadway. With the opening of the West Oaks Mall
(40,000 new trips) and the continued growth rate of 450 new equivalent residential units
(ERti's) per year (_ 4,400 new trips per year) the City is nearing the maximum LOS D
available capacity on major state arterials (S.R. 50, S.R. 438) and county collector roads
(Good Homes Road, Old Winter Garden Road, Apopka-Vineland Road). As a component
of the Comprehensive Plan, the City has adopted LOS D on all roads throughout the City
including state and county roads. FDOT and Orange County have adapted a lower LOS
standard for state and county roads in the Ocoee area. LOS E has been adapted by FDOT
and Orange County for major arterials and collectors in the West Orange County area.
Ms. Janet Resnik
Page
May 23, 1996
If the difference in LOS between the City and County is allowed to continue, the City of
Ocoee will face concurrency limitations on any new projects providing new trips on S.R.
50, Silver Star Road. and Good Homes Road in the very near future. The surrounding
areas in Orlando, Winter Garden, Orange County will be allowed to continue to develop
because the local governments have adapted the State and County LOS E for major roads.
This will result in continued increase in traffic counts on the major roads even if the City
of Ocoee Iimits future development due to concurrency limitations.
I recommend the City take the following steps to provide expanded
for future development within the City. traffic capacity
(1) Modify Article 9 of the City's Land Development Regulation to allow expand•
ed
LOS analysis for roadways reaching capacity as currently defined by only Average
Daily Trips using the Generalized Tables. The additional LOS analysis would
specifically allow Speed and Delay/Travei Time Studies to be provided by an
aT..piicanr. This change is consistent with the City's currently adapted
Comprehensive P!an and Traffic EIement and could be implemented i rn. ediately.
(2) .Amend the Traffic Element of. to City's Comprehensive Plan to adopt LOS E on
state and county roads. This will ailow the Cirv�to use the existing LOS E as
approved and authorized by F DOT and
Gr..nge County. Without a c, anQe in LOS
D to LOS E. the City will be faced with concurrency restrictions (moratoriums)
while the surrounding areas continue to develop and add
roadway. traffic to the existing
If you have any Questions or I can assist in implement ng these changes, please contact me.
Yours Ssiv,
•
Prcifessional Engineering CZSnsu
l�anjlnc.
Kenneth R. Hooper
Project Engineer
KR�H Jbk.p
g:\clenenvlotnoe-236\001p.lu
RESOLUTION NO. 96-14
A RESOLUTION OF THE CITY OF OCOEE, FLORIDA
RELATING TO DEVELOPMENT REVIEW FEES;
ESTABLISHING AN ADDITIONAL SCHEDULE OF
FLAT FEES; ESTABLISHING AN ADDITIONAL
SCHEDULE OF REVIEW DEPOSITS; PROVIDING
FOR CERTAIN APPLICATIONS FOR WHICH THE
FLAT FEE INCLUDES ALL REVIEW COSTS;
DESIGNATING ADDITIONAL APPLICATIONS
SUBJECT TO THE PAYMENT OF DEVELOPMENT
REVIEW FEES; PROVIDING THAT THIS
RESOLUTION IS SUPPLEMENTAL TO PREVIOUS
RESOLUTIONS ESTABLISHING A SCHEDULE
OF FLAT FEES; PROVIDING FOR CONFLICTS;
PROVIDING FOR SEVERABILITY; PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, Section 1-12 of Chapter 180 of the Code of Ordinances of the City of
Ocoee authorizes the City Commission of the City of Ocoee to from time to time adopt by
Resolution a Schedule of Flat Fees, a Schedule of Review Deposits, and a listing of those
Applications for which the Flat Fee includes all Review Costs; and
WHEREAS, the City staff has presented to the City Commission a report setting
forth the estimated average cost of reviewing the Applications which are the subject of this
Resolution; and
WHEREAS,the Flat Fees and Review Deposits relating to the review of Applications
as set forth in this Resolution are an accurate method of assessing the costs of development
review functions and ensuring payment thereof.
1
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF OCOEE, FLORIDA:
SECTION ONE. Authority. The City Commission of the City of Ocoee has
the authority to adopt this Resolution pursuant to Section 1-12 of Chapter 180 of the Code of
Ordinances of the City of Ocoee, Article VIII of the Constitution of the State of Florida, and Chapter
166, Florida Statutes.
SECTION TWO. Definitions. All terms used in this Resolution shall be
contrued in accordance with the definitions set forth in Section 1-12.A of Chapter 180 of the Code
of Ordinances of the City of Ocoee.
SECTION THREE. Additional Schedule of Flat Fees. The City Commission
of the City of Ocoee hereby adopts and approves the additional FLAT FEE SCHEDULE as set forth
in Exhibit "A" attached hereto and by this reference made a part hereof.
SECTION FOUR. Additional Schedule of Review Deposits. The City
Commission of the City of Ocoee hereby adopts and approves the additional REVIEW DEPOSITS
SCHEDULE as set forth in Exhibit "B" attached hereto and by this reference made a part hereof.
The additional Review Deposit Schedule shall be subject to upward adjustment: (1) by the City
Manager or his designee on a case-by-case basis in accordance with the procedures set forth in
Section 1-12.D(1) of Chapter 180 of the Code of Ordinances of the City of Ocoee; and (2) by the
City Finance Director in the circumstances set forth in Section 1-12.D(3) of Chapter 180 of the
Code of Ordinances of the City of Ocoee.
SECTION FIVE. Applications For Which the Flat Fee Includes All Review
Costs. Pursuant to the provisions of Section 12-1.C(2) of Chapter 180 of the Code of Ordinances
of the City of Ocoee, the City Commission of the City of Ocoee hereby designates those
Applications set forth in Exhibit "C" attached hereto and by this reference made a part hereof as
2
applications for which Review Deposits are not required and for which the City Attorney, legal
consulting and engineering consulting fees and costs incurred by the City are included within the
Flat Fee. With respect to those Applications set forth in Exhibit "D" attached hereto, a Review
Deposit shall be paid in accordance with the Review Deposit Schedule as set forth in Exhibit "B"
hereto and the Applicant shall be required to pay the applicable Flat Fee and all Review Costs
associated with such Applications.
SECTION SIX. Designation of Additional Applications Subject to the
Payment of Development Review Fees. Pursuant to Section 1-12.A(2)(xiv) of Chapter 180 of
the Code of Ordinances of the City of Ocoee, the City Commission of the City of Ocoee hereby
designates those Applications listed on Exhibit "A" hereto as additional Applications within the
scope of and subject to the provisions of Section 1-12 of Chapter 180 of the Code of Ordinances
of the City of Ocoee.
SECTION SEVEN. Supplemental to Previous Resolutions. This Resolution
is supplemental to Resolution No. 92-11 and any other resolutions which may from time to time be
adopted by the City Commission of the City of Ocoee pursuant to the provisions of Section 1-12
of Chapter 180 of the Code of Ordinances of the City of Ocoee.
SECTION EIGHT. Conflicts. All resolutions, parts of resolutions, or acts of
the City Commission of the City of Ocoee in conflict herewith are hereby repealed and rescinded.
SECTION NINE. Severability. If any section, subsection, sentence, clause,
phrase, or portion of this Resolution 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 hereof.
3
SECTION TEN. Effective Date. This Resolution shall become effective
immediately upon passage and adoption.
PASSED AND ADOPTED this day of , 1996.
APPROVED:
ATTEST: CITY OF OCOEE, FLORIDA
JEAN GRAFTON, City Clerk S. SCOTT VANDERGRIFT, Mayor
(SEAL)
APPROVED BY THE OCOEE CITY
COMMISSION AT A MEETING HELD
ON THE ABOVE DATE UNDER
AGENDA ITEM NO. .
FOR USE AND RELIANCE ONLY
BY THE CITY OF OCOEE, FLORIDA.
APPROVED AS TO FORM AND
LEGALITY THIS DAY
OF , 1996.
FOLEY & LARDNER
By:
City Attorney
4
EXHIBIT "A"
FLAT FEE SCHEDULE (1)
APPLICATION FLAT FES
Special Traffic Study for Concurrency Determination $ 500.00
NOTES:
(1) Except for those Applications set forth on Exhibit "B" to this Resolution, the Applicant
shall be required to pay:
(a) the Flat Fee in accordance with the Flat Fee Schedule set forth in Exhibit "A" to
this Resolution,
(b) the applicable Review Deposit set forth in Exhibit "B" to this Resolution, and
(c) all Review Costs associated with such Application.
5
EXHIBIT "B"
REVIEW DEPOSIT SCHEDULE (1)
APPLICATION FLAT FE
Special Traffic Study for Concurrency Determination $ 1,000.00
NOTES:
(1) Except for those Applications set forth on Exhibit "C" to this Resolution, the Applicant
shall be required to pay:
(a) the Flat Fee in accordance with the Flat Fee Schedule set forth in Exhibit "A" to
this Resolution,
(b) the applicable Review Deposit set forth in Exhibit "B" to this Resolution, and
(c) all Review Costs associated with such Application.
(2) The Review Deposit set forth above shall not be required if the Applicant currently has a
Review Deposit on account with the City in conjunction with the Project which is the
subject of the application.
6
EXHIBIT "C"
LISTING OF APPLICATIONS FOR WHICH
THE FLAT FEE INCLUDES ALL
REVIEW COSTS
None.
NOTES:
(1) Except for those Applications listed on this Exhibit "C", the Applicant shall be required to
pay: (a) a Flat Fee in accordance with the Flat Fee Schedule set forth in Exhibit "A" to
this Resolution, (b) the applicable Review Deposit set forth in Exhibit "B" to this
Resolution, and (c) all Review Costs associated with the Application.
7
EXHIBIT "D"
LISTING OF APPLICATIONS SUBJECT TO
PAYMENT OF FLAT FEE, REVIEW DEPOSIT,
AND ALL REVIEW COSTS
Application for Special Traffic Study for Concurrency Determination.
8
4074205201 ORLANDO SENTINEL CLS :33 P02 JUN 03 '96 10: 0
NOI10EO
F LAND DEVELOPMENT
CODE C
The City Commission of the City of Ocoee proposes to
adopt the following Ordinance:
ORDINANCE NO. 96-09
AN ORDINANCE OF THE CITY OF OCOEE,
FLORIDA, REPEALING ATTACHMENT 9.1 OF
ARTICLE IX OF CHAPTER 180 OF THE CODE
OF ORDINANCES OF THE CITY OF OCOEE;
ENACTING AND ADOPTING A NEW ATTACH.
MENT 9.1 OF ARTICLE IX OF CHAPTER 180
RELATING TO TRAFFIC CIRCULATION
CAPACITIES AND LEVEL OF SERVICE
INVENTORY FOR CONCURRENCY MANAGE•
MENT; PROVIDING FOR CONFLICTS; PRO-
VIDING FOR SEVERABILITY; PROVIDING
FOR CODIFICATION; AND PROVIDING FOR
AN EFFECTIVE DATE.
A public hearing will be held on Tuesday, June 18, 1996,
at 7:30 p.m., or as soon thereafter as practical, at the
Ocoee City Commission Chambers, 150 North
Lakeshore Drive, Ocoee, Florida.
A copy of the proposed Ordinance may be inspected by
the public in the office of the Ocoee Planning
Department, 150 North Lakeshore Drive, Ocoee, Florida,
between the hours of 8:00 a.m. and 5:00 p.m., Monday
through Friday, except legal holidays. Interested parties
may appear at the hearing and be heard with respect to
the adoption of the proposed Ordinance. This notice is
given pursuant to Chapter 163 and Section 166.041 (3)
(c), Florida Statutes.
Any person who desires to appeal any decision made
with respect to any matter considered at the public hear-
ing may need a record of the proceedings, and for this
purpose, such person may need to ensure that a verba-
tim record of the proceedings is made which includes
the testimony and evidence upon which the appeal is
based. Persons with disabilities needing assistance to
participate in any of the proceedings should contact the
City Clerk's office 48 hours in advance of the meeting at
(407) 656-2322.
Jean Grafton, City Clerk, City of Ocoee June 6, 1996