Item #09 Second Reading Public Hearing of an Ordinance to Amend Fire Department and Building Department Plan Review Fees for Commercial Projects1XIN "'
0( ()P�
florida
AGENDA ITEM COVER SHEET
Meeting Date: June 17, 2014
Item # 9
Reviewed By:
Contact Name: Michael Rumer Department Director:
Contact Number: Ext. 1018 City Manager:
Subject: Ordinance Pertaining to the Temporary Suspension of Fire De ment Plan Review
Fee and the Deferral of Payment o f Certain Building Plan Review Fees
Background Summary:
At the April 1, 2014, City Commission meeting, staff was directed to bring back to the commission an ordinance
to reduce plan review fees as an incentive for new commercial projects. The attached ordinance accomplishes
the directive in three parts. Part one temporarily suspends the'/ of 1% Fire Plan Review fee until December 31,
2014; Part two reinstates the Fire Plan Review fee at a reduced rate of % of 1% cost of construction as of
January 1, 2015; and, Finally, part three provides for the deferral of Building Plan Review fees for new
construction until permit approval. This ordinance creates an application fee of $1,000.00 at the time of building
plan review which will cover some cost of review.
As an example, the Skorman (Park Place) project would require a building and fire plan review fee payment
upfront of $150,000 which does not include impact fees and water and sewer capital charges. With this
ordinance, the plan review fee will be $75,000 and will be collected at the time the building permit is issued.
Issue
Should the Honorable Mayor and City Commission adopt an ordinance temporarily suspending the Fire Plan
Review Fee through December 31, 2014, with an effective Fire Plan Review fee of % of 1% cost of construction
starting January 1, 2015, for new commercial construction and provide for a deferral of Building Plan Review
fees for new commercial projects?
Recommendations
Staff recommends the Honorable Mayor and City Commission adopt the ordinance as provided.
Attachments:
Ordinance
Financial Impact:
Elimination of Fire Plan Review Fees until December 31, 2014
Reduced Fire Plan Review Fees to %4 of 1% effective January 1, 2015
Type of Item: (please mark with an 'V)
X Public Hearing
Ordinance First Reading
X Ordinance Second Reading
_ Resolution
Commission Approval
Discussion & Direction
For Cleric's Dept Use:
Consent Agenda
Public Hearing
Regular Agenda
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
PERTANING TO THE FIRE DEPARTMENT PLAN REVIEW FEE
AND TO THE BUILDING PLAN REVIEW FEE FOR
COMMERCIAL PROJECTS; PROVIDING FOR THE
TEMPORARY SUSPENSION OF THE FIRE DEPARTMENT
PLAN REVIEW FEE FOR COMMERCIAL PROJECTS UNTIL
DECEMBER 31, 2014 AND PROVIDING THE FIRE
DEPARTMENT PLAN REVIEW FEE EFFECTIVE JANUARY 1,
2015; PROVIDING FOR THE DEFERRAL OF PAYMENT OF
CERTAIN BUILDING PLAN REVIEW FEES; PROVIDING FOR
RETROACTIVE APPLICATION; 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 Ocoee City Commission hereby finds it is in the best interest of the
citizens of Ocoee to try to help encourage economic development of commercial projects by
temporarily suspending the Ocoee Fire Department plan review fee associated with new
commercial development until December 31, 2014, by providing a new Ocoee Fire Department
plan review fee effective January 1, 2015 and by deferring payment of certain building plan
review fees.
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 78 -20.11 Section 78 -20.B. of Article
III (Plan Review, Permit and Inspection Fees) of Chapter 78 (Fire Prevention Code, Local
Amendments) of the Code of Ordinances of the City of Ocoee, Florida, is hereby amended to
read as follows:
See Exhibit "A" attached hereto and by this reference made a part hereof.
SECTION 3. Amendment to Section 51- 128(G)(1). Section 51- 128.G.1 (Plan
review, inspections and reinspections) of Section 51 -128 (Permit Application; fees) of Article III
(Building Construction) is hereby amended to read as follows:
See Exhibit "B" attached hereto and by this reference made a part hereof.
SECTION 4. Retroactive Application of Fire Department Plan Review Fee The
temporary suspension by the Ocoee Fire Department plan review fee for commercial
developments as set forth in Section 3 of this Ordinance shall be retroactive to April 1, 2014.
Any such plan review fees paid to the City between April 1, 2014 and the effective date of 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 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 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 7. 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
(SEAL)
S. Scott Vandergrift, Mayor
FOR USE AND RELIANCE ONLY BY ADVERTISED , 2014
THE CITY OF OCOEE, FLORIDA; READ FIRST TIME , 2014
APPROVED AS TO FORM AND READ SECOND TIME AND ADOPTED
LEGALITY , 2011
this day of , 2014. UNDER AGENDA ITEM NO.
SHUFFIELD, LOWMAN & WILSON, P.A.
By:
City Attorney
EXHIBIT "A"
Strikethrough text denotes deletions to text originally appearing in the Code and double -
underlined text denotes additions to text originally appearing in the Code.
Amendment to Section 78-20.B Section 78 -20.13. of Article III (Plan Review, Permit and
Inspection Fees) of Chapter 78 (Fire Prevention Code, Local Amendments) of the Code of
Ordinances of the City of Ocoee, Florida, is hereby amended to read as follows:
B. In addition to any fees paid at the time of application for a building permit
pursuant to Chapter 51 of the Code of Ordinances of the City of Ocoee, at
the time of such application, the applicant shall also pay the following
nonrefundable plan review fee for review by the Fire Department, to be
collected by the Building Department:
(1) Plan review:
(a) Residential: no fee.
(b) Commercial: no fee until December 31 2014; '/4 of 1 %
beginning January 1. 2015.
(2) Value of construction for purposes of calculating the above fee shall
be determined in accordance with Section 51 -128 of the Code of
Ordinances of the City of Ocoee.
(3) There shall be no additional charge for initial inspection conducted by
the Fire Department.
(4) Plan review fees shall not be charged for construction projects when
constructions plans or drawings are not required.
EXHIBIT "B"
Strikethrough text denotes deletions to text originally appearing in the Code and double -
underlined text denotes additions to text originally appearing in the Code.
Amendment to Section 51- 128.G.(1). Section 51- 128.G.1 (Plan review, inspections and
reinspections) of Section 51 -128 (Permit Application; fees) of Article III (Building Construction)
is hereby amended to read as follows:
G. Plan review, inspections and reinspections. In addition to any permit fees payable
as provided in this article, the following plan review and inspection fees must also be
paid prior to the issuance of any permit, except as provided in subsection (cl below
(1) Plan Review and inspection fees:
(c) New Commercial (applicable only to projects where the value of
construction exceeds $200,000.001;
(i) $1,000.00 non - refundable application fee due at time of
application (to be credited to the total plan review fee); and
(ii) '/2 of 1 % of value of construction for plan review, in
addition to the permit fee to be paid at the time when the
building permit is issued.
�v U� LLUI� Cu flllJ 1111 lllu uu�li'�1�U ��iur uu� uuu i� uovdu uuu�� �b
Date puHshed and Me& a Name
CITY OF OCOEE
NOTICE OF PUBLIC HEARING
FOR AN AMENDMENT TO
THE CITY CODE OF
ORDINANCES .: }
FIRE DEPT:`0LAIN REVIEW FEE
& =BUILDING
PLAN REVIEW FEES FOR
COMMERCIAL PROJECTS
NOTICE IS HEREBY - given that the City of ; Ocoee City
Commission will consider a proposed Amendment to the
City Code of Ordinances pertaining to the Fire Department
Plan Review Fee and to the Building Plan Review fee for
new Commercial projects.
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 60,, 1 000EE; FLORIDA'
PERTAINING TO THE FIRE DEPARTMENT PLAN REVIEW
FEE AND TO THE BUILDING PLAN.'REVIEW FEE FOI
COMMERCIAL PROJECTS; ' PROVIDING FOR ,. OE
TEMPORARY SUSPENSION OF THE FIRE DEPARTMENT
PLAN REVIEW FEE FOR ..COMMERCIAL_ PROJECTS'
UNTIL DECEMBER 31, 201CAND PROVIDING THE FIRE
DEPARTMENT PLAN REVIEW FEE EFFECTIVE JANUARY -
1, 2015; PROVIDING FOR THE DEFERRAL OF PAYMENT`
OF CERTAIN BUILDING PLAN REVIEW FEES; PROVIDING
FOR RETROACTIVE APPLICATION 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 Services 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'andtimes, as it deems necessary. Any
interested parry shall be advised of the dates, times, and places
of any continuation of these or continued public hearings hall be
announced during the hearing and no further notices regarding 1 . these matters will be published. You ai fe advised thatany person
who desires to appeal any decision made at the public'hearings
will need a record of the proceedings and forth , Is 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 dis4oi (Ups peedj6g assistance
to participate in any of =these proceedings - should contact
the City Clerk's Office 48 hours I In advance of the meeting at
407 - 905 -3105.
Beth Eiken City Clerk Thursday, June 5, 2014