Item #08 Code Amendment - Road Impact Fee S�,e Centex of Good Liv'
AGENDA ITEM STAFF REPORT
Meeting Date: January 3, 2012
Item #
Reviewed By:
Contact Name: Michael Rumee3' Department Director:
Contact Number: 407 - 905 - 3100/1018 City Manager:
Subject: PROPOSED CODE AMENDMENT EXTENDING THE SUNSET DATE OF THE TEMPORARY DEFERRAL OF
ROAD IMPACT FEE PAYMENTS TO CERTIFICATE OF OCCUPANCY OR PRE- POWER, PROVIDING FOR
AN ADDITIONAL ONE YEAR 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 MADE RETROACTIVE TO JANUARY 3, 2012.
BACKGROUND SUMMARY:
As the economic climate in Ocoee remains weak, and as the City continues to hear from the development
community on suggestions for economic incentives to induce new development, City Staff proposes a
Code Amendment for extending the sunset date for the Temporary Deferral of Road Impact Fee Payments
from May 1, 2012, to January 1, 2013. In lieu of the payment of Road Impact Fees prior to the issuance of
a Building Permit as provided in Sections 87 -3 and 87 -11, an applicant for a Building Permit will be able to
defer the payment of applicable Road Impact Fees until the authorization of "Pre- power" or issuance of a
"Certificate of Occupancy" (C.O.) with respect to the structure or building for which the deferral has been
requested.
The provisions of this amended section shall not be applicable to single - family or multifamily housing
projects with less than four dwelling units. Furthermore, the road impact fee deferral set forth in this
amended section will include an additional one (1) year extension of road impact fee deferral provided the
applicant has first provided the City a letter of credit as security for the payment of the deferred road impact
fees.
Staff is also providing for a temporary twenty -five percent (25 %) reduction of road impact fees and a
temporary fifty percent (50 %) reduction in recreation park, fire, and police impact fees. All reductions will be
made retroactive to January 3, 2012, and will expire on January 1, 2013.
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 May 1,
2012, to January 1, 2013, (ii) provide for an additional one (1) year extension of road impact fee payment
with a letter of credit, (iii) provide a temporary twenty -five percent (25 %) reduction of road impact fees for
one year, (iv) provide a temporary fifty percent (50 %) reduction of recreational park, fire, and police impact
fees for one year?
STAFF RECOMMENDATION:
Staff recommends that the Mayor and City Commissioners approve Amending the City of Ocoee Code to (i)
include an extension of the Temporary Deferral of Road Impact Fee Payments from May 1, 2012, to January
1, 2013, (ii) provide for an additional one (1) year extension of road impact fee payment with a letter of credit,
(iii) provide a temporary twenty -five percent (25 %) reduction of road impact fees for one year, (iv) provide a
temporary fifty percent (50 %) reduction of recreational park, fire, and police impact fees for one year.
Attachments:
Foley & Lardner LLP - Ordinance.
Financial Impact:
None.
Type of Item: (please mark with an "x")
Public Hearing For Clerk's Dept Use:
x Ordinance First Reading Consent Agenda
Ordinance Second Reading Public Hearing
Resolution Regular Agenda
Commission Approval
Discussion & Direction
Original Document/Contract Attached for Execution by City Clerk
Original Document/Contract Held by Department for Execution
Reviewed by City Attorney N/A
Reviewed by Finance Dept. X N/A
Reviewed by ( ) N/A
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA
RELATING TO ROAD, RECREATIONAL PARK, FIRE, AND
POLICE IMPACT FEES; AMENDING SECTION 87 -3.1 OF THE
CITY CODE EXTENDING THE TEMPORARY DEFERRAL OF
ROAD IMPACT FEE PAYMENTS UNDER CERTAIN
CIRCUMSTANCES; AMENDING SECTIONS 87 -4, 87 -18, 87 -30,
AND 87 -42 OF THE CITY CODE BY 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 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 2010 -003, which temporarily defers
the timing of road impact fee payments for projects submitted before May 1, 2012; 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
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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 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. Section 87 -3.1 of Article I of Chapter 87 of the Code of
Ordinances of the City of Ocoee, Florida (the "Ocoee Code ") is hereby amended to read as
follows:
Section 87 -3.1 Temporary Deferral of road impact fee payments.
(A) In lieu of the payment of road impact fees prior to the issuance of a building
permit as provided in Sections 87 -3 and 87 -11, an applicant for a building permit may
elect to defer the payment of the applicable road impact fees with respect to the structure
or building for which the deferral has been requested until either (i) the authorization of
prepower or issuance of a certificate of occupancy (temporary or otherwise) with-respect
- - . - . .. • . _ - - - . - . - . - - .. -- as more particularly
described in subsection (B) below (hereinafter, the "Authorization Date "), or (ii) the day
that is one (1) year after the applicable Authorization Date provided that the applicant has
first provided to the City a letter of credit as security for the payment of the deferred road
impact fees, as further described in Subsection (C) below. Notwithstanding the
foregoing, previded no prepower or certificate of occupancy shall be
authorized or issued when the payment of road impact fees has been deferred until the
applicable road impact fees have been paid as provided by subsection (B) below or a
letter of credit has been provided as set forth in Subsection (C) below. The provisions of
the section shall not be applicable to single- family or multifamily housing projects with
less than four dwelling units.
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(B) In the event an applicant for a building permit requests a deferral of the
payment of road impact fees until the applicable Authorization Date as provided in
subsection (A) above, then the deferred road impact fees shall be payable as follows:
(1) For a commercial project or multifamily project with four or more dwelling
units, the deferred impact fees for the entire project shall be paid when prepower
is authorized for the first building or the first certificate of occupancy is issued,
whichever occurs first.
(2) For a single - family housing project with four or more dwelling units, the
deferred impact fees for a home shall be paid when the prepower for that home is
authorized or the certificate of occupancy for that home is issued, whichever
occurs first.
(3) The deferred road impact fees shall be determined based on the fees in effect
on the date of issuance of the building permit, which fees will be disclosed and
finalized at the time of issuance of the building permit.
(C) In the event an applicant for a building permit requests a deferral of the
payment of road impact fees until that day that is one (1) year after the applicable
Authorization Date, then the applicant shall be required to provide to the City a letter of
credit as security for the payment of the applicable road impact fees. The letter of credit
shall be in the amount of the applicable deferred road impact fees and shall provide that
the Cit ma draw on the letter of credit if such fees are not .aid in full when due. The
letter of credit shall be in a form acceptable to the City. The deferred road impact fees
shall be determined based on the fees in effect on the date of issuance of the building
permit, which fees will be disclosed and finalized at the time of issuance of the building
permit.
(C) (D) If the road impact fee is deferred at the time of issuance of the building
permit as authorized by subsection (A) above, then a notice of deferral setting forth the
legal description of the property and the amount of the road impact fee liability shall be
executed by the city and acknowledged by the owner of the property with respect to
which the building permit is being issued. The city shall, at the applicant's expense,
record this notice in the public records of the county. No prepower or certificate of
occupancy shall be authorized or issued until the applicable road impact fees have been
paid in full, unless applicant has provided a letter of credit pursuant to Subsection (C)
above. Upon payment of the impact fee, the city shall, at the applicant's expense, record
a notice of payment in the public records of the county.
(D) (E) In the event If the deferred road impact fee is not paid prior to the
otherwise )applicableAuthorization Date or, prior to the date that is one (1) year after the
applicable Authorization Date if applicant has provided a letter of credit pursuant to
Subsection (C) above, then the city may collect the road impact fee, interest thereon from
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the date of issuance of the building permit at the rate fixed by state statute for judgments,
the costs of such collection and a reasonable attorneys' and paralegals' fees, without
regard to whether litigation is brought to collect such unpaid fee, or if a letter of credit has
been provided, draw on the letter of credit.
(E) (F) Except for building permit applications for projects submitted before
May 1, 2012 January 1, 2013 with respect to which building permits are issued no later
than July 15, 2012 March 15, 2013, the road impact fee deferral set forth in this section
shall sunset on May 1, 2012 January 1., 2013 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. A new subsection (C) of Section 87 -4 of Article I of Chapter 87 of
the Ocoee Code, is hereby adopted as follows:
(C) Provided, however, that the road impact fee shall be reduced
by twenty -five percent (25 %) for any building permit issued between
January 3, 2012 and December 31, 2012. 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 January 1, 2013 without further action by the city commission.
SECTION 4. Section 87 -18 of Article II of Chapter 87 of the Ocoee Code is
hereby amended to read as follows:
(A) A recreational park impact fee in the amount of $1,560 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 and Open
Space Impact Fee Study dated September 2001, as updated by that certain
City of Ocoee — Parks and Open Space Impact Fee Study published
March 2005.
(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 3, 2012 and December 31, 2012.
This temporary fifty percent (50 %) reduction shall not apply to any
alternative recreational park impact fee approved pursuant to Section 87-
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20. This deferral shall sunset on January 1, 2013 without further action by
the city commission.
SECTION 5. A new subsection (D) of Section 87 -30 of Article III of Chapter 87
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 3,
2012 and December 31, 2012. 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 January 1, 2013 without
further action by the city commission.
SECTION 6. A new subsection (D) of Section 87 -42 of Article IV of Chapter 87
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 3, 2012 and December 31, 2012. 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 January 1, 2013
without further action by the city commission.
SECTION 7. Retroactive Application. The temporary reduction in road,
recreational park, fire and police impact fees as set forth in Sections 3, 4, 5 and 6 of this
Ordinance shall be retroactive to January 3, 2012. Any road, recreational park, fire or police
impact fees paid to the City between January 3, 2012 and the effective date of this Ordinance in
excess of those discounted fees established by this ordinance shall be refunded to the party
paying such fee. Any such refund shall be made within thirty (30) days from the effective date of
this Ordinance. No interest shall be paid on any such refunded amount.
SECTION 8. Annexation and Developer Agreements. Nothing contained in
this Ordinance shall be construed to amend or modify the terms or provisions of any annexation
or developer agreements which may have been entered into by the City prior to the effective date
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of this Ordinance. Any annexation or developer agreement which establishes an alternative
impact fee schedule that differs from the schedule currently set forth in the Code shall continue
to be governed by such alternative impact schedule and shall not be entitled to any reduction in
impact fees by virtue of this Ordinance. Any party to an annexation or developer agreement
which has been provided with impact fee credits thereunder shall not be entitled to any cash,
rebates or other compensation by virtue of the temporary reduction of impact fees established by
this Ordinance and the City Commission recognizes that the temporary reduction in impact fee
credits may result in such party having impact fee credits in excess of the impact fees established
by this Ordinance.
SECTION 9. 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 10. 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
Manager, without need of public hearing, by filing a corrected or recodified copy of same with
the City Clerk.
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SECTION 11. Effective Date. This Ordinance shall become effective ten
(10) days after its passage and adoption.
PASSED AND ADOPTED this day of , 2012.
APPROVED:
ATTEST: CITY OF OCOEE, FLORIDA
Beth Eikenberry, City Clerk S. Scott Vandergrift, Mayor
(SEAL)
ADVERTISED , 2012
READ FIRST TIME , 2012
READ SECOND TIME AND ADOPTED
, 2012
UNDER AGENDA ITEM NO.
FOR USE AND RELIANCE ONLY BY
THE CITY OF OCOEE, FLORIDA;
APPROVED AS TO FORM AND
LEGALITY this day of ,
2012.
By:
City Attorney
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