HomeMy WebLinkAbout1997 01 13 Regular Item B
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COMMISSION AGENDA
ITEM
B
REGULAR X
CONSENT
INFORMATIONAL
January 13. 1997
Meeting
MGRlrIDEPT.@
Authorization
REQUEST: Land Development Division requesting Commission approval of the First Reading
of Ordinance No. 638 which will delete Ordinance No. 589; and amend Chapter 9,
Land Development. Articles VII. Impact Fees, Division 2. Transportation
Facilities. Sections 9-386.7, 9-386.8, 9-386.16 and Appendix "B".
PURPOSE: The purpose of this Board item is to correct errors associated with Ordinance
No. 589. This action will nullify Ordinance No. 589 and properly amend Sections
9-386.7, 9-386.8, 9-386.16 and Appendix "B" of the Transportation Impact Fee
portion of the Code of Ordinances. A Second Reading of this ordinance will be
scheduled for sometime in February 1997.
APPLICABLE CODE:
Code Section 1-11(b) - Amendments to any of the provisions of this Code may be
made by amending such provisions by specific reference to the section number of
this Code in the following language: "That section Of the Code of
Ordinances, City of Winter Springs, Florida, is hereby amended to read as
follows, . . . . "The new provisions shall then be set out in full as desired."
Code Section 1-14. Altering Code. - It shall be unlawful for any person in the
City to change or amend by additions or deletions, any part of this Code, or to
insert or delete pages, or portions thereof, or to alter or tamper with such Code in
any manner whatsoever, except by ordinance or resolution or other official act of
the City Commission which will cause the law of the City of Winter Springs,
Florida, to be misrepresented thereby. Any person violating this section shall be
punished as provided in Section 1-15.
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January 13, 1997
REGULAR AGENDA ITEM
Page 2
CONSIDERA TIONS:
Ordinance No. 589 was adopted on October 9, 1995. The intent of this
ordinance was to provide two (2) new sections (subparagraphs 9-386.8(b) and
9-386-16(b)) to provide for an alternate independent fee calculation and to
establish an impact fee escrow account. The way in which the amendments were
made eliminated existing language necessary for the implementation of the impact
fee ordinance. This corrective action will replace that language.
Secondly, at the Commission meeting of September 25, 1996, it was the desire of
the Commission that the last sentence of Section 9-3 86. 16(b) which read"..,.. The
sole decision in this matter would be made by the City Manager or his designee."
be changed to read ".,.., The sole decision in this matter would be made by the City
Commission or its designee," This was not done,
Thirdly, Ordinance No. 589 did not address the replacement of Appendix "B"
which revised the current Impact Fee Schedule.
Ordinance No. 638 will correct the deficiencies of Ordinance No. 589 discussed
above,
CHRONOLOGY:
June 3, 1994 - Tipton Associates Incorporated Transportation Impact
Fee Update
August 28, 1995 - First Reading of Ordinance No. 589
September 25, 1995 - Second Reading and Public Hearing Ordinance No. 589
October 9, 1996 - Third Reading and Public Hearing Ordinance No. 589
(adopted this date)
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January 13. 1997
REGULAR AGENDA ITEM
Page 3
FINDINGS:
A. The Code of Ordinances of the City of Winter Springs, Florida can only be
amended by ordinance or resolution.
B. This proposed Ordinance No. 638 will cure the deficiencies caused by
Ordinance No. 589.
RECOMMENDA TION:
It is recommended that the Commission approve the First Reading of Ordinance
No. 638.
IMPLEMENTATION SCHEDULE:
Upon approval of the Second Reading of the ordinance.
ATTACHMENTS:
- Division 2. Transportation Facilities Section 9-386
(Code of Ordinances)
June 3, 1994 - Tipton Associates Incorporated Transportation Impact
Fee Update (less Appendix "B")
September 25, ] 995 - Commission Meeting Minutes, Second Reading and
Public Hearing for Ordinance No. 589
October 9, 1995 - Ordinance No. 589
- Proposed Ordinance No. 638
COMMISSION ACTION:
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LAND DEVELOPMENT
!i 9.386.2
(b) If the number, posting or method of num-
bering a building is in nonconformance with the
city grid system guide map and uniform building
numbering system after a municipal annexation,
the land development coordinator's office shall
give notice of such nonconformance to the owners
or occupants of the affected building or property.
The notice shall be delivered by certified mail,
return receipt requested or by posting the notice
in a conspicuous place on the building or by hand
delivery. The notice shall include a notification or
a change of address which shall contain the cor.
rect or new building nuwber assigned to the
building or property in accordance with the pro-
visions of this article and the date of notification.
The notice shall direct the owner or the occupant
to post the newly assigned building number con-
tained in the change of address on the building or
property in accordance with this section. The no-
tice shall notify the owner or occupant that, if he
or she disagrees with the determination of the
land development coordinator's office, an appeal
may be taken regarding the determination made
to the city manager.
(Ord. No. 420, ~ 1(14-18, 14-19), 6-13-88)
Sec. 9-376. Code enforcement board au.
thority.
As an additional means of ensuring compliance
with the provisions of this article, the code. en-
forcement board shall have jurisdiction and au-
thority to hear and decide alleged violations oc-
curring in the corporate limits of the city.
Proceedings before the code enforcement board
shall be governed by its rules and procedures.
(Ord. No. 420, ~ 1(14-20.2), 6-13-88)
Cross reference-Code enforcement board power, !i 2.61.
Sees. 9.377-9.380. Reserved.
ARTICLE VITI. IMPACT FEES
DIVISION 1. GENERALLY
Secs. 9.381-9.385. Reserved.
Supp. No.9
DIVISION 2. TRANSPORTATION
FACILITIES.
Sec. 9.386. Transportation impact fees.
[Transportation impact fee provisions are set.
out in this division as sections 9-386.1 through
9-386.21.]
Sec. 386.1. Short title, authority and applica.
bility.
(a) This division shall. be known and may be
cited as the "City of Winter Springs Road Impact
Fee Chapter" [division].
(b) The planning for new and expanded roads
needed to serve new growth and development that
generate additional traffic and the implementa-
tion of these plans through the comprehensive
planning process are the responsibility of the city
under Part II of Chapter 163, Florida Statutes,
Section 163.3161 et seq., Florida Statutes as
amended by Chapter 85-55, Laws of Florida,
Chapter 166, Florida Statutes, various special acts
relating to the power of the City of Winter Springs
undertaking zoning,' planning and development
activities, and is in the best interest of the health
safety, and welfare of the citizens of the city. '
(Ord. No. 512, ~ 1, 12-9-91)
Sec. 9-386.2. Intent and purpose.
(a) This division is intended to be consistent
with the principles for allocating a fair share of
the cost of new public facilities to new users as
established ,by the Florida Supreme Court.
(b) The implementation of a regulatory pro-
gram that requires new development to pay a
"road impact fee" that does not exceed a pro rata
share of the reasonably anticipated expansion costs
*Editor's note-Ord. No. 480, !i 1, adopted Mar. 12, 1990,
enacted provisions pertaining to transportation impact fees
designated as Art. vrn, !i!i 9.386-9-386.21, which have bee~
further designated by the editor as Div. 2. Subsequently, Ord.
No. 512, !i I, adopted Dec. 9, 1991, provided for the deletion of
such provisions and enacted a new Div. 2, pertaining to the
same subject matter, herein set out. Words in brackets ( ] have
been added by the editor for clarity, and Exhibits A and B to
such ordinance are included following this division.
Cross references-Buildings and building regulations, Ch.
6; motor vehicles and traffic, Ch. 12; planning generally, Ch.
15; streets, excavations, etc., Ch. 17; zoning, Ch. 20.
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'WINTER SPRINGS CODE
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of new municipal collector roads needed to serve
new growth and development is the responsibility
of the city in order to carry out the traffic circu-
lation element of its comprehensive plan, as re-
quired under Section 163.3161 et seq., Florida Stat-
utes, and is in the best interest of the health, safety
and welfare of the citizens of the City of Winter
Springs.
(c) The purpose of this division is to enable the
City of Winter Springs to allow growth and devel-
opment to proceed in compliance with the growth
management plan, and Florida case and statutory
law and to regulate growth and devet:opment so as
to require growth and development to share in
the burdens of growth by paying its pro rata. share
for the reasonably anticipated costs of needed mu-
nicipal collector roadway improvements.
(d) It is not the purpose of this division to col-
lect fees from growth and development in excess
of the cost of the reasonably anticipated improve-
ments to the municipal collector road network and
needed to serve the new growth development. It is
specifically acknowledged that this division has ,-
approached the problem of determining the road
impact fee in a conservative and reasonable
manner.
(e) The technical data, fmdings and conclusions
herein are based on the Comprehensive Plan of
the City of Winter Springs and in part on the
following studies and reports which are hereby
adopted (by reference):
(1) Trip Generation, ITE (5th Edition), as up-
dated in 1991;
(2) Orlando Urban Area Transportation Study;
(3) Special Report 209, Highway Capacity
Manual, Transportation Research Board,
1985;
(4) Generalized Daily Level of Service Max-
imum Volumes for Florida's UrbanlUrban-
ized (5000+) Areas, FDOT 1988;
(5)': Cost per Lane Mile-City of Winter' Springs,
Study 1991;
(6) Existing Traffic Circulation Analysis, City
of Winter Springs Study, September, 1989,
Tipton Associates Incorporated and
Leftwich Consulting Engineers, Inc.;
Supp. No.9
(7) Future Traffic Circulation Analysis, City
of Winter Springs Study, December, 1991,
Tipton Associates, Inc. and Leftwich Con-
sulting Engineers; Inc.
(8) Input Data. for Seminole and Volusia Coun-
ties for Calculating Transportation Impact
Fees for Convenience Stores, August, 1989,
Tipton Associates Incorporated.
(Ord. No. 512, ~ 1, 12-9-91)
Sec. 9.386.3. Rules of construction.
For the purpose of administration and enforce-
ment of this division, unless otherwise stated, the
following rules of construction shall apply:
(a) In case of any difference of meaning or im-
plication between the text of this division and any
caption, illustration, summary table or illustra-
tive table, the text shall control.
(b) The word "shall" is always mandatory and
not discretionary; the word "may" is permissive.
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(c) Words used in the present tense shall in-
clude the future, and words used in the singular
number shall include the plural and the plural
the singular, unless the context clearly indicates
the contrary.
(d) The word "person" includes an individual,
a corporation, a partnership, an incorporated as-
sociation, or any other similar entity.
(e) Unless the context clearly indicates the con-
trary, where a regulation involves two (2) or more
items, conditions, provisions, or events connected
by the conjunction "and", "or" or "either ...
or," the conjunction shall be interpreted as fol-
lows:
(1) "And" indicates that all the, connected
terms, conditions, provisions or events shall
apply.
(2) "Or" indicates that the connected items,
conditions, provisions or events may apply
singly or'in any combination.
(3) "Either' ... or" indicates that the con-
nected items, conditions, provisions or
events shall apply singly but not in combi-
nation.
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LAND DEVELOPMENT
(0 The word "includes" shall not limit a term
to the specific example but is intended to extend
its meaning to all other instances or circumstances
of like kind or character.
(Ord. No. 512, ~ 1, 12-9-91)
Sec. 9-386.4. Definitions.
For the purpose of this division, the following
words and terms shall have the meaning ascribed
thereto:
Access improvement: Road improvements nec-
essary to provide safe and-.3.dequate ingress and
egress and for efficient traffic operations. Access
improvements include but are not limited to the
following:
(1) Right-of-way and easements;
(2) Left and right turn lanes;
(3) Acceleration and deceleration lanes;
(4) Traffic control devices, signage, and mark-
ings; and
(5) Drainage and utilities.
Accessory building, structure or use: A detached,
subordinate building, structure or use, the use of
which is clearly incidental to and serves the prin-
cipal building or use of the land and which is lo-
cated on the same lot as that of the principal
building or use.
Applicant: Any person who applies for a building
permit or certificate of occupancy.
Arterial roads: A classification of roads which
primarily functions to accommodate, the move-
ment of relatively large traffic volumes for rela-
tively long distances at relatively high speeds.
Land access, when provided, is subservient to the
movement function. This classification includes
all roads.whichfunction above the level of a major
collector road.
Average trip length: The average length in miles
of trips for each major land use category as deter-
mined from the Orlando Urban Area Transporta-
tion Study and adjusted to reflect the travel char-
, acteristics in the Orlando GMP Study Area, and
special studies for particular land uses conducted
by registered professional engineers.
Supp: No.8
~ 9.386.4
Building: Any permanent structure designed or
built for the support, shelter or protection of per-
sons, animals, chattels or property of any kind.
Building permit: Any building or construction
permit required under the Winter Springs
Building Code (chapter 6 of the City Code).
Capacity; capacity per lane: The maximum
number of vehicles for a given time period which
a typical new lane can safely and efficiently carry
at a specified level of service. For the purpose of
this division, the capacity of a typical new lane
shall mean seven thousand four hundred (7,400)
vehicles per day per through lane at level of ser-
vice "D".
Capacity per lane mile: The product of the ca-
pacity per lane times one (1) lane mile. For the
purpose of this division, the capacity per lane mile
of a typical new lane shall mean seven thousand
four hundred (7,400) vehicles per day per through
lane per mile at level of service "D".
Captured traffic: Diverted traffic plus passer-by-
traffic.
Collector roads: Intermediate classifications of
roads which provide both land access and move-
ment service for medium length trips. Major col-
lector roads function at relatively moderate speeds
and connect municipal collector roads to arterial
roads. Municipal collector roads function at rela-
tively low speeds and connect local streets to major
collector or arterial roads.
Development permit: Includes any building
permit, zoning approval, subdivision approval, re-
zoning, development order, special exception, vari-
ance, or any other official action of local govern-
ment having the effect of permitting the
development of land.
Development site: The property under consider-
ation for development and under single owner-
ship at the time of application.
Diverted traffic: Traffic that is already on the
road network, which is attracted by the new land
development and which may be transferred from
another route.
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WINTER SPRINGS CODE
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Encumbered: Funds committed in a capital im-
provements program for a specified improvement
on a specified time schedule.
Expansion: Road and intersection capacity en-
hancements which include but are not limi'ted to
extensions, widenings, intersection improvements,
upgrading signalization and improving pavement
conditions.
External trip: Any trip which has either its or-
igin or destination at the development site but
not both.
Gross building area: For purposes of the divi-
sion, gross building area shall be the total gross
square footage.
Gross leasable area: For purposes of the divi-
sion, gross leasable area shall be the total gross
square footage less ten (10) percent or the docu-
mented common area if greater than ten (10) per-
cent.
Impact: The negative effect of additional vehi-
cles on a roadway segment.
Internal trip: Any trip which has both its origin
and destination within the development site.
Land development: Any building, structure or
other land use including the uses associated with
the building, structure or land.
Land development activity generating traffic: The
carrying out of any building activity or the making
of any material change in the use or appearance
of any building, structure or land that attracts or
produces vehicular trip(s) over and above that pro-
duced by the existing use of the land.
Land use: For the purpose of calculating the
proper impact fee for each land use provided in
the impact fee schedules, the definitions provided
for applicable land uses in the ITE Trip Genera-
tion Report 5th Edition (1991) shall apply.
Levelofseruice "D"; LOS "D": The average daily
condition which is established herein as the min-
imum acceptable standard. Level of service "D"
shall have the same meaning as set forth in the
Transportation Research Board's 1985 Highway
Supp. No.8
Capacity Manual,' Special Report 209, which is
substantially as follows: '
Level of service "D" represents high-density but
stable flow. Speed and freedom to maneuver are
severely restricted, and the driver experiences
a generally poor level of comfort and conve.
nience. Small increases in traffic flow will gen-
erally cause operational problems at this level.
Average travel speeds are about forty (40) per-
cent of free flow speed.
Local roads: A classification of roads which pri-
marily functions to accommodate land access for
abutting property. Local roads may provide ser-
vice for relatively small traffic volumes for rela-
tively short distances at relatively low speeds.
Through traffic movement, when provided, is sub-
servient to the land access function. This classifi-
cation includes all roads which function below the
level of a municipal collector road.
Major road network: The interconnecting system
of roads classified as arterial and collector roads
established by the Orlando Urban Area Transpor-
tation Study, Long Range Transportation Plan,
as amended, or the interconnecting system of roads
classified as trafficways established by the Winter
Springs Comprehensive Plan, as amended. The
major road network includes:
(1) Existing arterial and collector roads or traf-
ficways:
(2) Planned extensions to existing arterial and
collector roads or trafficways; and
(3) Planned new arterial and collector roads or
trafficways.
. Marginal cost: The additional cost incurred to
provide a non-site-related improvement over and
above that which would be necessary to only pro-
vide the site-related improvement needed to serve
the development.
Non-site-related improvements: Road improve-
ments, including rights-of-way, which are neces-
sary to provide safe and adequate travel service
for the movement of vehicular traffic, and which
are in excess of or i~ addition to site-related im-
provements. Non-site-related improvements may
include on-site or off-site improvements to the mu-
nicipal collector road network. The road impact
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LAND DEVELOPMENT
fee formula contained in this division is designed
to calculate the costs inherent in the construction
of nonsite-related at-grade improvements to the
municipal collector road network.
Off-site improvements: Road improvements lo-
cated outside of the boundaries of the develop-
ment site which are necessary to provide safe and
adequate travel service for vehicular traffic.
On-site improvements: Road improvements lo-
cated within the boundaries of the development
site which are necessary to provide safe and ade-
quate travel service for vehi~lar traffic.
passer.by-traffic: Traffic already on the road ad-
jacent to the development site.
Road impact fee; impact assessment; fee: The fee
required to be paid in accordance with this divi-
sion.
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Road improvements: Physical assets, constructed
or purchased, that are necessary to provide safe
and adequate travel service for vehicular traffic.
The acquisition, expansion or development of road
improvements includes transportation planning,
preliminary engineering, engineering design
studies, land surveys, right-of-way acquisition, en-
gineering, permitting, inspection and testing
during construction, and construction of all the
necessary features for any road construction
project including, but not limited to:
(l) Construction of the through lanes;
(2) Construction of turn lanes;
(3) Construction of bridges;
(4) Construction of drainage facilities in con-
junction with roadway construction;
(5) Purchase and installation of traffic signal-
ization, signage and markings;
(6) Construction of curbs, medians and shoul-
ders; and
(7) Relocating utilities to accommodate
roadway construction.
Road network: The interconnecting system of
streets, roads, highways and other public ways
open to vehicular travel by the public generally
and dedicated to the public use. The road network
Supp. No.8
~ 9-386.4
includes existing public roads, planned extensions
to existing public roads and planned new roads.
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Site-related improvements: Road improvements,
including rights-of-way, which are necessary to
provide safe and adequate travel service for the
movement of vehicular traffic between the traffic-
generating land uses within the development, be-
tween the development and the major road net-
work and access improvements. Site-related
improvements may include on-site improvements
to the road network. The road impact fee formula
contained in this division is not intended to assess
an amount that constitutes an approximation of
the costs to construct site related road improve-
ments, therefore, an assessment for or the con-
struction of site related road improvements shall
be considered as an addition to the assessment
calculated pursuant to the terms of this division.
Structure: Anything constructed, erected or
placed, the use of which requires more or less per-
manent location on or in the ground or attached
to something having a permanent location on or
in the ground.
Traffic-generating land uses; traffic-generating
development: Any building, structure or other use
of the land that increases the generation of vehic-
ular trips over and above that generated by the
previous use.
Trafficways: A classification of roads, related to
planning and design criteria, which primarily
function to facilitate the through movement of
traffic rather than providing direct access to abut-
ting properties.
Trip: The movement of vehicular travel from
an origin to a destination. For the purposes of this
division, trip shall have the meaning which it had
in commonly accepted traffic engineering practice
and which is substantially the same as that defi-
nition in the previous sentence.
Trip generation: The attraction or production of
trips ca1;lsed by the use or activity associated with
a given type or classification ofland development.
Trip rate; trip generation rate: The average
number of vehicle trips which can be attributed to
a specific type of land use activity per unit of de-
579
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* 9-386.4
WINTER SPRINGS CODE
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velopment per day as documented in the ITE Trip
Generation Report, 5th Edition (1991).
Unit of development: The standard incremental
measure of land development activity for, a. spe-
cific type of land use upon .which the trip genera~
tion rate' is, based as documented in the ITETrip
Generation Report, 5th Edition (1991).
Vehicle miles 'of travel; lane miles: The sum of
the product of the length of each roadway link
times the number oftrips on each' link as identi-
fied in the Winter Springs Future Year Network'
with Existing Traffic Volumes Study""!l.ttac~ed as
Exhibit "A" [following. this division] and hereby
adopted.
(Ord. No. 512, ~ 1, 12-9-91)
Sec. 9-386.5. Limitations on issuance of
building permits.
Any person who applies for the issuance of a
building permit for land development activity
which will generate additional traffic shall be re-
quired to pay a road impact fee in the manner and
amount set forth herein. .
Except as provided elsewhere in this division,
no building permit for any land development ac-
tivity generating traffic requiring payment of a
road impact fee pursuant to this division shall be
issued unless and until the road impact fee hereby
required has been paid.
Except as provided elsewhere in the division,
no person shall carry out any land development
activity generating traffic unless and until the
road impact fee required by this division has been
paid and a building permit has been issued.
(Ord. No. 512, ~ 1, 12-9-91)
Sec. 9-386.6. Determination of road impact
fees.
The road impact fee for any land development
activity generating traffic shall be determined ei-
ther by using the fee rate schedule set forth in
section 9-386.7 or by using the independent.
method of calculation set forth in section 9-386.8
of this division. Also; any applicant may propose
to enter into an impact' agreement with the city as
set forth in section 9-386.10 of this division in
order to establish just and equitable impact fees
Supp. No.8
or'their equivalent which are appropriate to the
specific circumstances of the land development ac-
tivity generating traffic. .
(Ord. No. 512, ~ 1, 12-9-91)
Sec. 9.386.7. Road impact. fee rate schedule. '
Any person may determine their ro~d impact
fee by using the fee rate schedule presented in
Exhibit liB" [following this division] and hereby
adopted. The fee rate schedule is. presented for the
convenience of the public and lI1ay be used in lieu
of the independ,ent method of calculation set forth
in section 9-386.8. The fee rates have been calc~-
lated using the method of calculation presented in
section 9-386.8 using recognized accepted trip gen-
eration rates based upon acceptable national and
local averages. For the convenience of the public
the fee rates which are based on trip generation
have been converted to dollar amounts per unit of
development, Le., per dwelling unit, perone thou-
sand (1,000) square feet, per room, etc., depending
upon the type or classification of land develop-
ment. The road impact fee is determined by the
following provisions:
(1) Road Impact Fee Rate Schedule: See Ex-
hibit liB".
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(2) The total road impact fee for a specified
type of land development activity is calcu,
lated by multiplying the impact fee rate for
the specified type of land development ac-
tivity by the number of units of develop-
ment of the specified type of development
activity.
(3) When a land development activity for which
an application, for a building permit has
been made includes two (2) or more build-
ings, structures or other land. uses in any
combination, including two (2) or more uses'
within a building or structure, the total road
impact fee assessment shall be the sum of
the products, as calculated above, for each
and every building, structure or other use,
including each and every use within a
building or structure, unless otherwise pro-
vided for in this division. For purposes of
clarification, the impact fee schedule in Ex-
hibit "B" applicable to convenience mar-
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LAND DEVELOPMENT
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kets includes and accounts for impact of
land use for gas pump operation.
(4) In the case of a change of use, redevelop-
ment or modification of an existing
building, structure or other land develop-
ment activity which requires the issuance
of a building permit, the impact fee shall be
based upon the new increase in the impact
fee for the new or proposed land develop-
ment activity as compared to the existing
or last previous land use or activity.
(5) In the case of a demolition of an existing
building or structure, the impact fee for fu-
ture redevelopment shall be based upon the
net increase in the impact fee for the new
or proposed land development activity as
compared to the land use or activity ex-
isting prior to demolition. Credit for the
proper use shall not be transferable to an-
other location.
(6) In the case of a relocation of a building or
structure, an impact fee shall be assessed
to the relocated building at its new loca-
tion. Future redevelopment of the old loca-
tion from which the building was removed
will receive a credit against the impact fee
assessed equal to the impact fee that would
have been assessed against the relocated
structure. Credits shall not be transferable
to the new location.
(7) In order to take advantage of subsection
(4), (5) or (6) (above) and pay impact fees
only for the net increase in development
activity, the applicant shall provide reason-
ably sufficient evidence that the previous
land use or activity was actually main-
tained on the site at any time during the
five-year period prior to the date of appli-
cation for the new development approval.
Such evidence may include proof of utility
records, records for the use sought to be
shown, or other documentation. Occupa-
tionallicense issuance is not of itself sub-
stantial proof.
(8) In the event that an applicant for a building
permit or the City of Winter Springs con-
tends that the land use for which the
{,
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Supp. No.8
building permit is proposed is not within
the categories listed in the' impact fee
schedule, Exhibit liB", or fits within a dif.
ferent category, then the city manager, or
his designee shall make a determination as
to the appropriate land use designation
which is consistent with current practices
to add land use categories to the fee rate
schedule following submission to the com-
mission. In addition, either the city or the
applicant can propose actual studies or sur-
veys in order to calculate the most appro-
priate fee rate. Such determination may be
appealed to the city commission.
(Ord. No. 512, ~ 1, 12-9-91)
Sec. 9.386.8. Independent impact fee calcula.
tion.
(a) In the event an applicant believes that the
impact of this development on the municipal col-
lector road network will be less than that pre-
sumed in this division, the applicant may submit
a proposed scope of work for determining an in-
dependent fee calculation which shall comply with
the requirements of subsection (c) of this section.
Upon approval of the scope of work the applicant
may submit an independent fee calculation to the
city manager or his designee, pursuant to the pro-
visions of this section. If the city manager, or his
designee, finds that the data, information and as.
sumptions used by the applicant to calculate the
independent impact fee satisfy the requirements
of this section, the independent impact fee shall
be deemed the impact fee due and owing for the
proposed development. Since processing of inde-
pendent impact fee calculations involves signifi-
cant city stafTtime, applicants should submit their
independent impact fee calculation at least sixty
(60) days prior to the date they will need a fmal
determination of their impact fee. Alternatively,
an applicant may pay the impact fee normally
required at the time of seeking a building permit,
subject to possible reimbursement of any excess
paid according to the fmal independent impact fee
determination. The city's costs for administering
and evaluating the independent impact fee, in-
cluding but not limited to the cost of independent
consulting engineers, shall be borne by the appli-
cant.
581
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WINTER SPRINGS CODE
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(0) Independent impact fee calculation. The in-
dependent impact fee shall be calculated by use of
the following formulas:
(1) Calculation of new miles of travel:
NMT = (TGR)(PNT)(DDF)(ATL)(PVM)
NMT = New miles of travel on the city
municipal collector system for a
specific land use.
TGR Trip generation rate in average
daily trips generated per unit of
development. -
PNT = Percent of new trips: The per-
centage of traffic or vehicle miles
of travel expressed as a decimal,
that constitute new or additional
vehicle traffic added to the road
network. This factor is used to
adjust the new miles of travel
for captured trips already on the
road network.
Daily distribution factor is based
upon the percentage of daily
trips occurring in the p.m. peak
hour, in relation to the average
of ten (10) percent of the daily
traffic occurring during the p.m.
peak hour. This factor is used to
more accurately reflect the im-
pact of a particular development
on the most critical traffic hour,
the p.m. peak hour.
Average trip length.
Percentage of vehicle miles on
the municipal collector network.
This factor reduces the impact
fee to reflect only trips made on
the municipal collector road net-
work.
DDF
ATL =
PVM =
(2) Calculation of new lane miles of travel
charged to applicant:
NLM = (NMT)/(2)(CAP)
NLM = New lane miles of travel for a
specific land use.
NMT New miles of travel.
Supp. No.8
2 = A constant that assigns one-half
of the new lane miles of travel to
the land development(s) at the
other end of the trip(s).
CAP Typical new capacity per land
mile expressed in vehicles per
day. The typical new capacities
reflect an adjustment for' ca-
pacity at level of service "D".
(3) Calculation of the impact fee rate:
IFR = (NLM)($CC)
Impact fee rate for a specified
land use.
New land miles of travel.
Typical construction cost, in-
cluding right-of-way, for one (1)
lane mile of an at-grade
roadway.
(c) Data, information and assumption require-
ments: The independent impact fee calculations
shall be based on data, information or assump-
tions contained in this division or independent
sources, provided that:
(1) The independent source is an accepted stan-
dard source of transportation engineering
or planning. data; or
(2) The independent source is based on actual
studies or surveys conducted in the Orlando
Urban Area, or with the specific approval
of the city manager, or his designee, in other
urban areas and carried out by a qualified
registered engineer pursuant to an accepted
methodology of transportation planning or
engineering.
IFR =
NLM
$CC =
C.,
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(d) Total road impact fee calculation: The total
road impact fee assessment for a specified type of
land development activity generating traffic for
which an application for a building permit has
been made is calculated by use of the following
formula:
TIF = (IF~)(NUD)
IFR = Impact fee rate for specific land
use as determined in section
9.386.8(b)(3).
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LAND DEVELOPMENT
(
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NUD = Number of units in a develop-
ment of the specified type of de-
velopment activity.
(e) When a land development activity for which
an application for a building permit has been made
includes two (2) or more buildings, structures or
other land uses in any combination, including two
(2) or more uses within a building or structure,
the total road impact fee assessment shall be the
sum of the products, as calculated above, for each
and every building, structure or other use, in-
cluding each and every use within a building or
structure, unless otherwisvrovided for in this
division.
~:-^.
(0 In the case of a change of use, redevelop-
ment, or modification of an existing building,
structure or other land development activity which
requires the issuance of a building permit, the
impact fee shall be based upon the net increase in
the impact fee for the new or proposed land devel-
opment activity as compared to the existing or
last previous land use or activity.
(g) A determination by the city manager or his
designee, that the independent calculation does
not satisfy the requirements of this section may
be appealed to the city commission.
(Ord. No. 512, 9 1, 12-9-91)
,.
,
Sec. 9-386.9. Presumption of maximum im.
pact.
Development is presumed to have the maximum
impact on the municipal collector road network.
The proposed development activity for which an
application for a building permit has been rued
shall be presumed to generate the maximum
number of average daily vehicle trips, vehicle
miles of travel and lane miles of travel to be gen-
erated by the most appropriate land use catego-
ry(s) as determined by the city manager, or his
designee.
(Ord. No. 512, 9 1, 12-9-91)
,
, "
Sec. 9-386.10. Impact agreement.
Any applicant may propose to enter into an im-
pact agreement with the city designed to estab-
lish just and equitable fees or their equivalent
and standards of service needs appropriate to the
\
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Supp. No.8
9 9-386.10
circumstances of the specific development pro-
posed.
(1) Such an agreement may include, but shall
not be limited to provisions which:
a. Modify the presumption of maximum
impact set forth in section 9-386.9 and
provide an impact fee which may differ
from that set forth in section 9-386.7
by specifying the nature of the pro-
posed development for purposes of com-
puting actual trips, provided that the
agreement shall establish legally en-
forceable means for ensuring that the
actual number of trips generated will
not exceed the estimated trips gener-
ated by the agreed upon development.
b. Permit the construction of specific
transportation improvements in lieu of
or with a credit against the road im-
pact fee assessable.
c. Permit a schedule and method for pay-
ment of the fees in a manner appro-
priate to the particular and unique cir-
cumstances of the proposed
development in lieu of the require-
ments for payment of the fees as set
forth in section 9-386.8, provided that
security is posted ensuring payment of
the fees, in a form acceptable to the
city, which security may be in the form
of a cash bond, surety bond, negotiable
certificate of deposit or escrow account,
or lien or mortgage on lands to be cov-
ered by the building permit.
d. Provide for a transfer of credits as pro-
vided for in section 9-386.11 to any suc-
cessor in interest of land.
(2) Any agreement proposed by an applicant
pursuant to this subsection shall be pre-
sented to and approved by the city commis-
sion p,rior to the issuance of a building
permit. Any such agreement shall provide
for execution by mortgagees, lienholders or
contract purchasers in addition to the land
owner, and shall require the applicant to
record such agreement in the official records
of Seminole County. The city commission
shall approve such an agreement only if it
583
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WINTER SPRINGS CODE
~ 9.386.10
finds that the agreement will apportion the
burden of expenditure for new facilities in
a just and equitable manner, consistent
with the principles set forth in Florida Stat.
utes and case law.
(Ord. No. 512, 9 1, 12-9-91)
Sec. 9.386.11. Credits.
(a) An applicant shall be entitled to a credit
against future road impact fees assessed pursuant
to this division for contributions, ded..i.l;:ations or
improvements required by the city or through
agreements with the city, as a condition of any
development permit by the city, and said credit
shall be in an amount equal to:
(1) The cost of non-site-related improvements
to the municipal collector road network (in-
cluding on-site and site-adjacent collectors
to the extent such improvements are in ex-
cess of or in addition to site-related improve-
ments); or
(2) The contribution ofland, money or services
for non-site-related improvements to the
municipal collector road network (includ-
ing on-site and site-adjacent municipal col-
lectors to the extent such improvements are
in excess of or in addition to site-related
improvements); or
(3) Non-site-related roadway improvements
previously contributed, paid for or com-
mitted to by the applicant or his prede-
cessor in interest (including on-site and site-
adjacent municipal collectors to the extent
such improvements are in excess of or in
addition to site. related improvements).
a. No credit will be granted pursuant to
this subsection unless the costs of the
improvements were paid for and the
contributions made within the last five
(5) years; and
b. Any petition for the issuance of credits
pursuant to this subsection must be
rued with the city manager within one
(1) year of the effective date of this di-
vision.
Supp. No.8
(b) The credits shall be based on but not limited
to the following criteria:
(1) The actual cost, or estimated cost of im-
provements based on recent bid sheet infor-
mation of the city or Seminole County; and
(2) A pro rata share of the appraised land value
of the parent parcel as determined by cal-
culating one hundred twenty (120) percent
of appraised value according to the Semi-
nole County Property Appraiser's Office.
(3) Any credit issued shall take into account as
an offset to said credit an amount equal to
the impact fee imposed by section 9-386.7
herein multiplied by the number of units of
development permitted to date as if this di-
vision had been in effect at the time of is-
suance of said permits.
(4) The marginal cost of the required improve-
ment, taking into consideration the differ-
ence between the cost of the required im-
provement and the cost of the needed site-
related improvement that would have been
required in any case.
(c) Previous development permits wherein vol.
untary road impact fees were specified and paid
shall be binding as to any building permit already
issued on land subject to the development permit.
Road improvements required by previous devel-
opment permits shall not be given a credit unless
they meet the requirements of subsections (a) and
(b) above.
(d) Any credit issued pursuant to this section
may only be transferred by the holder of said
credits to any successor in interest in the parcel of
land to which the credit pertained~
(e) Any agreement for the issuance of credits
against any road impact fee assessed pursuant to
this division shall be included in an impact agree-
ment as set forth in section 9-386.10.
(f) Any petition for the issuance of credits
against any road impact fee assessed pursuant to
this division shall be submitted to the city man-
ager, or his designee, and must contain:
(1) A notarized sworn statement that the peti-
tioner is the current owner of the property;
584
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LAND DEVELOPMENT
(2) A copy of any impact agreement, credit
agreement, or other documentation on
which the applicant relies for the claim
which may pertain to the issuance of such
credits;
(3) A certified copy of the latest recorded deed;
and
(4) Such other information which may be rea-
sonably necessary to ascertain current own-
ership of the property and the current status
of the agreements for credits.
(Ord. No. 512, ~ 1, 12-9-91)
-
Sec. 9.386.12. Vested rights.
/ :'"':""",
(
(a) A developer or successor in interest of land
which has received a development permit may pe-
tition the city commission for a vested rights de-
termination which would exempt the petitioner
from the provisions of this division. Such petition
shall be evaluated by the city attorney and a rec-
ommendation thereon submitted to the city com-
mission based on the following criteria:
(1) There exists a valid, unexpired govern-
mental act of authorizing the specific de-
velopment for which a determination is
sought;
(2) Expenditures or obligations made or in-
curred in reliance upon the authorizing act
that are reasonably equivalent to the fees
required by this division;
(3) That it would be inequitable to deny the
petitioner the opportunity to complete the
previously approved development under the
conditions of approval by requiring the de-
veloper to comply with the requirements of
this division. For the purposes of this sub-
section, the following factors shall be con.
sidered in determining whether it would be
inequitable to deny the petitioner the op-
'portunity to complete the previously ap-
proved development;
a. Whether the injury suffered by the pe-
titioner outweighs the public cost of al.
lowing the development to go forward
without payment of the fee required by
this division;
'.
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Supp. No.8
~ 9-386.12
b. Whether the expenses or obligations
were made or incurred subsequent to
January 22,1990, after which date the
adoption of this division was pending;
and
c. Whether the operation of this division
would create an onerous burden which
would prevent the petitioner from
making a reasonable return on his in-
vestment.
(b) The city shall not permit the extension of a
building permit beyond the initial time period for
activation without the applicant complying with
the provisions of this division.
(c) If a previously approved development order
or other binding agreement contained conditions
regarding traffic impacts, road impact fees and
their designated uses, or off. site transportation
improvements, the developer or his successor may
request a modification of such prior approvals in
order to bring the approval conditions into consis-
tency with this division. Any such modification of
prior approvals and amendments to development
orders so accomplished shall not be deemed a sub-
stantial deviation under Chapter 380 of Florida
Statutes. Any petition for such modification of
prior approvals and amendments to development
orders under the provisions of this subsection must
be filed with the city manager within one (1) year
of the effective date of this division.
(d) If a previously approved development order
or other binding agreement provides for the mit-
igation of the traffic impacts of said development
and if the city manager, or his designee, deter-
mines that such traffic impact mitigation mea-
sures are substantially consistent with the require-
ments of this division, then the road impact fee
payable for such development under this division
shall be revised accordingly to reflect the pre-
sumed traffic impact of said development. There
shall be a presumption that the traffic impact mit-
igation provisions of any development order ap-
proved more than five (5) years prior to the adop-
tion of this division are not substantially
consistent with the requirements of this division.
This subsection shall not apply where a develop-
ment order previously approved provides that at
such time as the city adopts transportation im-
585
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,;,. ~ 9-386.12
WINTER SPRINGS CODE
pact fee provision, thereafter the provisions and
terms of the adopted impact fee provision will
apply to the development project. Any petition for
such modification of prior approvals and amend-
ments to development orders under the provisions
of this subsection must be filed with the city man-
ager within one (1) year of the effective date of
this division.
(Ord. No. 512, ~ 1, 12-9-91)
Sec. 9-386.13. Site-related road improve.
ments.
The road impact fee formula contained in this
division is designed to calculate the costs inherent
in the construction on non-site-related improve-
ments to the municipal collector road network and
is not intended to assess an amount that consti-
tutes an approximation of the costs to construct
site-related roadway improvements. Therefore, if
an assessment for or the construction of site-
related roadway improvements is required as a
condition of development approval, then to the
extent permitted by law, said assessment or con-
struction requirements shall be considered as an
addition to the assessment calculated pursuant to
the terms of this division.
(Ord. No. 512, ~ 1, 12-9-91)
Sec. 9-386.14. Exemptions.
The following shall be exempted from payment
of the road impact fee:
(1) Those land development activities which
have received a building permit prior to the
effective date of this division except as pro-
vided for in other sections of this division.
(2) Alteration or expansion of an existing
dwelling unit where no additional units are
created or the use is not changed.
(3) The construction of accessory buildings or
structures, to the extent that there is no
increase in trip generation and which will
not increase the external trip generation of
the principal building, structure or use.
(4) The replacement of a destroyed or partially
destroyed building, structure, or use with a
new building or structure of like size, ca-
Supp. No.8
pacity and use to the extent that there is no
increase in trip generation.
(5) Publicly owned and operated buildings or
structures used for general governmental
purposes (to include but not limited to
sewer, stormwater, police, fire, ground
transportation, solid waste, pards, recre-
ation and cultural purposes).
(Ord. No. 512, ~ 1, 12-9-91)
Sec. 9-386.15. Establishment of a trust fund.
(a) The impact fees collected by the city pur-
suant to this division shall be kept separate from
other revenue of the city.
(b) Funds withdrawn from the account must be
used solely in accordance with the provisions of
this division. The disbursal of such funds shall
require the approval of the city commission, upon
recommendation of the city manager and staff.
(Ord. No. 512, ~ 1, 12-9-91)
Sec. 9-386.16. Collection of road impact fee
assessment.
(a) Except as provided for in section 9-386.10 of
this division, the road impact fee assessment shall
be due and payable at the time of issuance of the
building permit for the land development activity
g~nerating traffic.
(b) The road impact fee shall be collected by the
city manager, or his designee.
(Ord. No. 512, ~ 1, 12-9-91)
Sec. 9.386.17. Use of funds collected.
(a) The funds collected by reason of establish.
ment of the road impact fee in accordance with
this division shall be used solely for the purpose of
administering, planning, acquisition, expansion
and development of non- site-related improvements
to the municipal collector road network deter-
mined to be needed to serve new development,
including, but not limited to:
(l) Corridor studies and environmental assess-
ments;
(2) Design and construction plan preparation;
(3) Right-of-way acquisition;
586
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LAND DEVELOPMENT
!l 9-386.19
-------
(4) Construction of new through lanes;
(5) Construction of new turn lanes;
(6) Construction of new bridges;
(7) Construction of new drainage facilities in
conjunction with new roadway construc-
tion;
(8) Purchase and installation of traffic signal-
ization;
i
\
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(9) Construction of new curbs, medians and
shoulders;
(10) Construction inspeaion and testing.
(b) All funds shall be used in a manner consis-
tent with the principles set forth in state case and
statutory law and otherwise consistent with all
requirements of the Constitution of the United
States and the State of Florida and all applicable
laws. Said funds shall not be used to maintain or
repair any roads.
(c) Interest on funds. Any funds on deposit not
immediately necessary for expenditure shall be
invested in interest-bearing accounts. All income
derived shall be deposited in the trust account.
(d) The city shall be entitled to retain an amount
totaling three (3) percent, not to exceed a total of
five thousand dollars ($5,000.00), of the aggregate
of all impact fees it collects annually pursuant to
this division which retained funds shall be uti-
lized to offset the actual administrative costs as-
sociated with the collection and use of said funds
that year pursuant to this division.
(Ord. No. 512, ~ 1, 12-9-91)
Sec. 9.386.18. Return of funds.
If it is determined by the city that fee assess-
ments collected pursuant to this division have not
been spent or encumbered for expenditure by the
end of the calendar quarter immediately following
six (6) years from the date the fee was received, or
eight (8) years from the effective date of this divi-
sion, whichever occurs last, or if the development
for which the fees were paid was never begun,
then said funds shall be eligible for refund to the
then present owner in accordance with the fbl-
lowing procedures:
(1) The then present owner must petition the
city for the refund within one (1) year fol-
... ,---'
Supp. No.8
lowing the end of the calendar quarter im-
mediately following five (5) years from the
date on which the fee was received by the
city or seven (7) years from the effective
date of this division, whichever occurs last;
(2) The petition must be submitted to the city
manager and must contain:
a. A notarized sworn statement that the
petitioner is the current owner of the'
property or his authorized agent;
b. A copy of the dated receipt issued for
payment of the fee or other competent
evidence of payment.
c. A certified copy of the latest recorded
deed;
d. A copy of the most recent ad valorem
tax bill; and
e. A copy of the building pernlit or devel-
opment agreement pursuant to' which
the impact fees were paid;
f. Such other information which may be
reasonably necessary to ascertain cur-
rent ownership of the property.
(3) Within sixty (60) days from the date of re-
ceipt of petition for refund; the city man-
ager or his designee shall advise the peti-
tioner and the city commission of the status
of the fee requested for refund. For the pur-
pose of determining whether fees have been
spent or encumbered, the first money placed
in the trust fund. account shall be deemed
to be the first money taken out of the ac-
count when withdrawals have been made.
(4) When the money requested is still in the
trust fund account and has not be spent or
encumbered by the end of the calendar
quarter immediately following ten (10)
years from the date the fees were paid, the
money shall be returned with interest at
the rate of six (6) percent per annum.
(Ord. No. 512, ~ 1, 12-9-91)
Sec. 9.386.19. Review.
This division shall be reviewed by the city com-
mission annually during the month of October.
The review shall include trip generation rates,
trip lengths, construction and right-of-way acqui.
587
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99-386.19
WINTER SPRINGS CODE
~
(:,.,)
~."v
sition rates, trip lengths, construction and right-
of-way acquisition costs, division provisions, im-
pact fee rates and other applicable items. The
purpose of this review is to analyze the effects of
inflation on the actual costs or roadway improve-
ments, to review and revise, if necessary, the trans-
portation improvement program, and to ensure
that the fee charged new land development ac-
tivity generating traffic will not exceed its pro
rata share for the reasonably anticipated expan-
sion costs of road improvements necessitated solely
by its presence. Failure of the city to undertake
such a review shall result in the conwnued use
and application of the existing fee schedule and
other data.
(Ord. No. 512, ~ 1, 12-9-91)
Sec. 9-386.20. Penalty.
Violations of this division shall constitute a mis-
demeanor of the second degree enforceable in ac-
cordance with section 1-15 of the City Code or in
the alternative by an injunction or other legal or
equitable relief in the circuit court against any
person violating this division, or in an appro-
priate case by both criminal and civil injunctive
relief.
(Ord. No. 512, ~ I, 12-9-91)
Sec. 9.386.21. Appeals of impact fee determi.
nations.
(a) Any person desiring to appeal an adminis-
trative decision regarding the payment of impact
fees or credits shall file a written notice of appeal
with the city manager. Said notice shall be filed
within thirty (30) days of the decision sought to be
appealed. A required processing fee of five hun-
dred dollars ($500.00) shall be submitted with the
notice of appeal in order to defray actual admin-
istrative costs associated with processing the road
impact fee appeals.
(b) All notices of appeal shall include a full ex-
planation of the reasons for the appeal, specifying
the grounds therefor, and containing an documen-
tation which the applicant desires to be consid-
ered. The appeal shall contain the name and ad-
dress to the person(s) filing the appeal and shall
state their capacity to act as a representative or
agent if they are not the owner of the property to
which the impact fees or credit(s) pertain.
Supp. No.8
(c) Within thirty (30) days following the receipt
of the written notice of appeal, the city manager,
or his designee, will review the appellant's written
report, supporting documentation and depart-
mental staff reports. The thirty-day review period
may be extended if additional information is
needed from the appellant in order to render a
decision. Upon completion of the administrative
review, the city manager will provide a written
response to the appellant constituting a final ad-
ministrative determination.
(d) Any person desiring to appeal the final ad-
ministrative determination of the city manager
regarding the payment of impact fees or credits
shall file a written notice of appeal to city com-
mission. Said notice of appeal to city commission
shall be filed with the city manager within fifteen
(15) days following receipt of the final administra-
tive determination. Receipt shall be construed to
have occurred when the final administrative de-
cision is deposited in the United States mail
postage prepaid to the person whose name and
address was identified in the original notice of
appeal.
Ur~!~
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(e) All notices of appeal shall include a full ex-
planation of the reasons for the appeal, specifying
the grounds therefor, and containing any docu-
mentation which the applicant desires to be con-
sidered. The appeal shall contain the name and
address of the person(s) filing the appeal and shall
state their capacity to act as a representative or
agent if they are not the owner of the property to
which the impact fee or credit pertain.
(0 The city clerk will schedule all impact fee
appeals for the first city commission meeting fol-
lowing ten (10) days from receipt of the written
notice of appeal to city commission. Postpone-
ments of the city commission appeal date may be
granted by the city clerk if they are requested in
writing at least ten (10) days in advance of the
scheduled city commission meeting date.
(g) When an appeal is scheduled for oral pre-
sentation before the city commission, the appel-
lant and the city staff shall each be given fifteen
(15) minutes at the oral argument to present the
appeal and to discuss the submitted written record.
(Ord. No. 512, ~ 1, 12-9-91)
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TIPTON ASSOCIATES INCORPORATED
TRAFFIC/TRANSPORTATION/CIVIL ENGINEERING
June 3, 1994m~@tuwll
JUN, 4 }994.
, ,
CITY of WINTER SPRINGS .
. CITY .'MNAGER '.':
Mr. Carl D.' Gosline
CityPlariner
City~of'Winter-Springs
1126 ,East S.R. 434
Winter Springs, FL 32708
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RE: Transportation. Impact Fee'Update
Dear Carl:
Enclosed is a Technical Memorandum documenting, the' 1994.
update for the Winter Springs Transportation Impact Fee. Also
attached are recommended draft modifications to the existing
Transportation Impact Fee Ordinance. '
The "Transportation Impact Fee 1994 Update includes a
reanalysis of the existing land uses included in the Ordinance
as well as' adding land uses which have been requested by the
Ci ty. The Transportation Impact Fee Update utilizes the' latest
cost-per-lane-mile for construction and right-of-way ',as
provided by the City. ' '
The recommended Ordinance ~odificatio~s cover two areas.
The first allows for the City to accomplish 'an alternative
transportation impact fee to increase the fee for any land
uses. The c.urrent Ordinance . only allows the applicant to
accomplish a study to reduce fees but does not mention allowing
the City the 'capability to accomplish.a study to increase fees.
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The second modification recommended in the Transportation
Impact Fee. Ordinance, is to allow the es'tablishment of'. an escrow...... . ..
account. The escrow account. would be utilized by' the City to
hold'the'aeveloper's fees while'a project is being ,constructed
so that the.alternative transportation impact fee study can be,
accomplished on the: actual, site for whi.ch the fees, are, ,due.
This is obviously, the most accurate way to' accomplish..' the
alternative transportation impact fee calculation since ~t ~i.,ll
be accomplished on site within the City of Winter Springs.. .'
760 MAGUIRE BOULEVARD
(407) 894-2055
ORLANDO, FL 32803-3751
FAX (407) 896-9949
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Mr. Carl D. Gosline
'June 3" 199,4
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Of course, the City attorney will need to formalize ,these. ..
Ordinance modifications ,and to, properly go forth" ,for: their'
incorporation into the Ordinance if the City so', chooses., . ..' ...
Please ' give, me a call if you have, any questions". ",: .'
Sincerely," .
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TIPTON ASSOCIATES INCORPORATED ':,'
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ASSOCIATES
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RECOMMENDED MODIF'I~':t'IONS TO THE. CITY OF WINTER SPRINGS
TRANSPORTATION IMPACT FEE ORDINANCE
SECTION 9-386.8 - INDEPENDENT IMPACT FEE CALCULATION
Insert the following as (b) and renumber the following ().
(b) In the event the City believes that the impact of the
proposed development on the Municipal Collector Road Network
is greater than that presumed in this division, the City may
accomplish an alternative independent impact fee calculation
to increase the transportation impact fee. This calculation
shall comply with the requirements of Subsection (d) this
section. The City Manager or his designee shall notify the
applicant in w.iting within 5 workdays following the formal
pre-application meeting with City staff concerning this
project. '. If the C.ity chooses to accomplish an independent
impact fee calculation to increase the transportation impact
fee for the proposed development, the cost of accomplishing
such an independent impact fee calculation shall be borne by
the City. The City Manager or his designee shall have final
authority to determine the appropriate transportation impact
fee for the proposed project based upon an evaluation of the
City'S independent impact fee calculation.
SECTION ~9.386.16 - COLLECTION OF ROAD IMPACT FEE ASSESSMENT
The following modification is an addition to Section~9.386.16
- Collection of Road Impact Fee Assessment. Insert the
following as (b) and renumber the existing (b) to (c).
(b) In cases where the applicant desires to accomplish an
alternative transportation .impact fee calculation based upon
the actual project to be constructed in the City of Winter
Springs, the applicant must pay the transportation impact fee
estimated by the City of Winter Springs into an escrow account
prior to obtaining a building permit. The City will hold the
funds in the escrow account while the project is being
developed and the alternative transportation impact fee
calculation is being accomplished. This procedure allows for
the most accurate alternative transportation impact fee:
calculation to be accomplished since it will be accomplished
for the specific site at which the fee applies within the City
of Winter Springs. Should the alternative transportation.
impact fee as accepted by the City of Winter Springs show that
the transportation impact fee should be less than the funds
previously collected by the City, the excess funds would be-
returned to the applicant. The sole decision in this matter
would be made by the City Manager or his designee.
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ASSOCIATES
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94-95-30 Page 9
Commissioner Ferring: aye; Commissioner Gennell: aye; Commissioner Langellotti: aye. Motion
passes. -
Attorney Kruppenbacher read Ord. 588 by title only. Attorney Kruppenbacher said on page 3,
paragraph 2-c, there is a scribner's's error and the #5 for the Chapter should be #6.
Mayor Bush said he has a question on Section 3, items And H, where it says this article shall apply
to all new construction in the City limits excepts the following and then G is construction associated
with raising animals and H is construction related to agriculture; are we required by State Statutes
to have those exemptions in there. Attorney Kruppenbacher said there is a law that indicated that
when you get into those issues you are dealing with exempt areas to our background, being an
Aquarian State, we will double check it anyway to take it out, but currently the way we saw it initially
was you had to leave it in.
Motion was made by Gommissioner Ferring to approve Ord. 588, an ordinance of the City of Winter
Springs, Florida, establishing a Fire Public Safety Facilities Impact Fee, with the change in paragraph
2 on page 3. Seconded by Commissioner McLeod. Discussion. Vote: Commissioner Gennell: aye;
Commissioner Ferring; aye; Commissioner LangeUotti: aye; Commissioner McLeod: aye;-
Commissioner Conniff: aye. Motion passes.
Mayor Bush closed the regular meeting and opened the Public Hearing. Mayor Bush asked if there
was anyone present who wishes to speak on this ordinance.
Ms. Gillmore, 220 E. Bahama Rd., asked if this is an additional tax, will this come in the millage, and
how will this be assessed. Commissioner Ferring said this is' an impact fee that is born upon
developers developing property; it has no influence on somebody that is already living in the
residence. Mayor Bush said it is only on new construction.
Second Reading and public hearing Ord. 589 - Amending Chapter 9, Land Development. Article VII.
Impact Fees. Division 2, Transportation Facilities; Section 9-386.16 severability, conflicts and
effective date:
Mayor Bush asked for a motion to read Ord. 589 by title only.
Motion was made by Commissioner Conniff to read Ord. 589 by title only. Seconded by
Commissioner Langellotti. Discussion. Vote: Commissioner Ferring: aye; Commissioner Conniff:
aye; Commissioner Langellotti: aye; Corrunissioner McLeod: aye; Commissioner Gennell: aye.
Attorney Kruppenbacher read Ord. 589 by title only. Attorney Kruppenbacher stated that the City
Manager is giving out corrected information from Staff regarding appendix B, we would ask that you
set tonight an additional third reading/Public Hearing that will advertise this document as amended
with the new appendiJ<; I believe that this change is a substantial change to this document.
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Regular Meeting City Commission
September 25, 1995
94-95-:.30 Page 10
Discussion.
Mayor Bush closed the regular meeting and opened the Public Hearing. Mayor Bush asked if there
was any comments from the publiC on Ord. 589. Mayor Bush said he has one comment, on the
second page where Section 9.386 stating where a sole decision in this matter will be made by the City
Manager or his designee. Discussion. Mayor Bush said it seems to him that that decision would be
made by the Commission. Attorney Kruppenbacher said you have the descression to change that; we
will make that change tonight and have the Commission be the one's who authorize any change or
reduction, you do that when we award impact fee credits, we come to you with those agreements for
your approval; so if you want to make this change in the current ordinance, we can make it. I think
you probably more prudent t1! do that. Discussion.
Attorney Kruppenbacher said if he may suggestion: the decision in this matter will be made by the
City Commission and then the Staff can bring the Commission a recommendation.
Motion was made by Commissioner Femng to table Ord. 589, to be brought back at the next
Commission meeting for a third public hearing and the decision will be made by the Commission at
that time. Attorney Kmppenbacher said the motion should not be to table but to go out for a Public
Hearing/third reading amending the Ord. to reflect the new appendix and the change that the City
Commission will have the final say. Commissioner Femng agreed to amend his motion to state what
the Attorney stated. Seconded by Commissioner Langellotti. Discussion. Vote: Commissioner
Ferring: aye; Commissioner McLeod: aye; Commissioner Gennell: aye; Commissioner Conniff: aye;_
Commissioner Langellotti: aye. Motion passes.
Second Reading and Public Hearing Ord. 595 - Amending Article ill, Sections 10-51 through Section
10-110, nude entertainment, of the code of Ordinances ofthe City of Winter Springs, Florida, in its
entirety. providing for conflict. severability. and effective date:
Mayor Bush announced that this item will be pulled and will be on the agenda at the next regular
scheduled meeting, October 9, 1995 at 7:30 p.m.
Second Reading and Public Hearing Or~. 596 - Leffler Rezoning Property located north of S.R. 434
and immediate east of Seminole County School Board Facility from Rural Urban (R-U) to Planned
Unit Development (PUD):
Mayor Bush asked for a motion to read Ord. 596 by title only.
Motion was made by Commissioner Ferring t9 read Ord. 596 by title only. Seconded by
Commissioner Langellotti. Discussion. Commissioner Conniff said if it's in our Charter that the
Attorney only reads by title only, why do we have to make a motion. Attorney Kruppenbacher said'
for right now he would prefer that the Commission keeps making that motion and we'll talk about that
issue later, it's in your Charter, but there is some issue with the State Law and he doesn't want to be
having a challenge on that issue. Vote: Commissioner Ferrlng; aye; Commissioner: Langellotti: aye;
Commissioner Conniff: aye; Commissioner McLeod: aye; Commissioner Gennell: aye. Motion
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ORDINANCE NO. 589
AN ORDINANCE OF THE CITY OF WINTER SPRINGS, FLORIDA,
AMENDING CHAPTER 9, LAND DEVELOPl\1ENT. ARTICLE VII.
IMPACT FEES. DIVISION 2. TRA1'TSPORTATIONFAClLITIES;
SECTION 9-386.8 AND SECTION 9.386.16 SEVERABlLITY, CONFLICTS
AND EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Winter Springs, Florida, has
determined that it is in the best interest for the City of Winter Springs, Florida, to update the
Transportation Impact Fees:
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COl\tfMISSION OF
THE CITY OF WINTER SPRINGS AS FOLLOWS:
SECTION I - That Chapter 9, Land Development. Article VIII. Impact Fees. Division
2. Transportation Facilities is hereby amended:
Sec. 9-386.8(b) - In the event the City believes that the impact of the proposed
development on the Municipal Collector Road Network is greater than that
presumed in this division, the City may accomplish and alternative independent
impact fee calculation to increase the transportation impact fee. This,
calculation shall comply with the requirements of Subsection (d) this section.
The City Manager or his designee shall notify the applicant in writing within 5
workdays following the formal pre-application meeting with City staff
concerning this project. If the City chooses to accomplish an independent
impact fee calculation to increase the transportation impact fee for the proposed
development, the cost of accomplishing such and independent impact fee
calculation shall be borne by the City. The City Manager or his designee shall
have final authority to determine the appropriate transportation impact fee for
the proposed project based upon an evaluation of the. City's independent impact
fee calculation.
Sec. 9-386. 16(b) - In cases where the applicant desires to accomplish and
alternative transportation impact fee calculation based upon the actual project
to be constructed in the City ofWmter Springs, the applicant must pay the
transportation impact fee estimated by the City of Winter Springs into an
escrow account prior to obtaining a building permit. The City will hold the
funds in the escrow account while the project is being developed and the
alternative transportation impact fee calculation is being accomplished. This
procedure allows for the most accurate alternative transportation impact fee
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calc.ulatlon to be accomplished since it will be accomplished "for the specific sit-e
at which the fee applies within the City of Winter Springs. Should the
alternative transportation impact fee as accepted by the City of Winter Springs
show that the transportation impact fee should be less than the funds previously
collected by.the City, the excess funds would be returned to the applicant. The
sole decision in this matter would be made by the City ;Manager or his
designee.
SECTION IT - Conflicts. All ordinances or parts of ordinances in conflict herewith
being the same are hereby repealed.
SECTION ill - Severability. If any section or portion of a section or subsection of this
Ordinance proves to be invalid, unlawful or unconstitutional it shall not be held to invalidate or
impair the validity, force or effect of any other section or portion of a section or subsection or
part of this Ordinance.
SECTION IV - Effective Date. This Ordinance shall become effective immediately
upon its passage and adoption.
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Passed and adopted this if day of ~
.1995.
CITY OF WINTER SPRINGS
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CITY~RK
First Reading Augus t 28. 1995
Posted August 21. 1995
Second Reading and Public Hearing Seotember 25. 1995
Third Reading and Public Hearing October 9, 1995
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