Item #08 Second Reading Public Hearing of an Ordinance to Amend Temporary Reduction of Road, Fire, Police & Recreational Park Impact Fees & Deferral of Road Impact Fee Payments\ma ',
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AGENDA ITEM COVER SHEET
Meeting Date: June 17, 2014
Item #
Contact Name:
Contact Number
Michae Rumer ��
Reviewed By:
Department Director:
City Manager:
Ext. 1018
Subject: PROPOSED CODE AMENDMENT EXTENDING THE SUNSET DATE OF THE MPORARY DEFERRAL
OF ROAD IMPACT FEE PAYMENTS TO CERTIFICATE OF OCCUPANCY OR PRE - POWER, PROVIDING FOR AN
ADDITIONAL 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 DECEMBER 31, 2014
Background Summary:
The City extended economic incentives for new construction last year that are, by ordinance, set to expire on
July 1, 2014. The incentives included reducing impact fees for police, fire, recreational park and transportation.
Other incentives included the deferral of transportation impact fee payments until the issuance of the Certificate
of Occupancy.
A study of the existing impact fees, methodologies, and current construction costs indicate that a full impact fee
update will result in lower impact fees for targeted uses such as commercial, restaurant, and office. An update
to the City's impact fees and methodology is expected to begin in July of this year, using newly released
transportation data from FDOT and Metro Plan. Staff is requesting an extension to the current impact fee
reduction until December 31, 2014, in order to complete the impact fee update.
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 July 1, 2014, to
December 31, 2014, (ii) provide a temporary twenty -five (25 %) reduction of road impact fees until December
31, 2014, and (iii) provide a temporary fifty percent (50 %) reduction of recreational park, fire, and police impact
fees until December 31, 2014?
Recommendations:
Staff recommends that the Mayor and City Commissioners approve Amending the City of Ocoee Code of
Ordinances to (i) include an extension of the Temporary Deferral of Road Impact Fee Payments from July 1,
2014, to December 31, 2014, (ii) provide a temporary twenty -five percent (25 %) reduction of road impact fees
until December 31, 2014, and (iii) provide a temporary fifty percent (50 %) reduction of recreational park, fire,
and police impact fees until December 31, 2014.
Attachments:
Ordinance
Financial Impact:
There will be a reduction in the collection of impact fees for the designated period.
Type of Item: (please mark with an 'V)
X Public Hearing
For Clerk's Dept Use:
Ordinance First Reading
Consent Agenda
X Ordinance Second Reading
Public Hearing
Resolution
Regular Agenda
Commission Approval
Discussion & Direction
unginai uocument/Uontract Attached for Execution by City Clerk
Original Document/Contract Held by Department for Execution
Reviewed by City Attorney
Reviewed by Finance Dept.
Reviewed by ()
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 and Ordinance 2013 -029,
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 pen applications for projects submitted
before july 1, z$14 December 31. 2014 with respect to which building
permits are issued no later than Septembefl -5 24 March 15, 2015 the
road impact fee deferral set forth in this section shall sunset on 1„'.,4
December 31, 2014 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 permit issued between
January 1, 2014 and rte, -2014 December 31, 2014 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 Lily 1, 014. December 31. 2014 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, 2104 and jinx 1, 2014 December
31. 2014 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 TuT1 -2014 December 31, 2014
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,
2014 and T�ly 1, 2014 December 31, 2014 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 july 11,z014 December
31, 2014 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, 2014 and july 1, 2044December 31, 2014. 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
1, 2014 December 31 2014 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 , 2014.
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 , 2014.
SHUFFIELD, LOWMAN & WILSON, P.A.
C
ADVERTISED , 2014
READ FIRST TIME , 2014
READ SECOND TIME AND ADOPTED
, 2014
UNDER AGENDA ITEM NO.
City Attorney
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Date P uHshed and Media Name
A10 I News I Orlando Sentinel Thursday, June 5, 2014
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CITY OF OCOEE
NOTICE OF PUBLIC'HEARING
FOR AN AMEN.DIVIE�tT '0
THE CITY CODE 0 1401iANCES
RELATING PTO TEPAN(
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ROAD, FIRE, POLIES&`
RECREATIONAL PARK �MPA FEEB`
& DEFERRAL OF MOWN FOR
ROAD IMPACT FEES
NOTICE IS HEREBY given that the; City .of Ocoee City
Commission will consider a proposed Amendment fo the City
Code of Ordinances relating to extending the temporary deferral
of road impact fee payments under certain circumstances and
providing for the temporary reduction of road; fire, police and
recreational park Impact fees.
The OCOEE CITY COMMISSION will hold a public hearing on
the proposed amendment on TUESDAY, JUNE 17, 2014, AT
7:15 PM or as soon thereafter as practical. The public hearing
will be held in the City Hall Commission Chambers located at
150 North Lakeshore Drive, Ocoee.
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA RELATING
TO ROAD, RECREATIONAL PARK, FIRE, AND POLICE
IMPACT FEES; PROVIDING FOR THE EXTE98ION 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.
Interested parties may appear at the public hearing and be heard
with respect to the proposed actions above. The complete case file
may be inspected at the Ocoee Development SeMces Department/
Planning Division located at 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. The City Commission may
continue these public hearings to other dates and times, as it
deems necessary. Any Interested party shall be'advised of the
dates, times, and places of any continuation of these or continued
public hearings shall be announced during the hearing and no
further notices regarding these'matters will be published. You are
advised that any person who desires to appeal any decision made
at the public hearings will need a record of the proceedings and
for this purpose may need to ensure that a verbatim record of the
proceedings is made which includes the testimony and evidence
upon which the appeal is based. Persons with disabil"nies needing
assistance to participate In - any of these `proceedings should
contact the City Clerk's Office 48 hours in advance of the meeting
at 407 - 905 -3105.
Beth Eikenberry, City Clerk Thursday, June 5, 2014