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HomeMy WebLinkAbout1997 02 10 Regular Item A /, .' "; ~ COMMISSION AGENDA ITEM REGULAR X CONSENT INFORMATIONAL A February 10. 1997 Meeting ~ '41 ~.{ MGK/, ( /DEP Authorization REQUEST: Land Development Division requesting Commission approval of the Second Reading and Adoption 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. FINDINGS: 1.) The City Commission approved the First Reading of this proposed Ordinance No. 638 at their regular meeting on January 13, 1997. 2.) The Public Hearing for the Second Reading of Ordinance No. 638 was duly advertised in the Orlando Sentinel for the scheduled meeting of February 10, 1997. RECOMMENDATION: It is recommended that the City Commission approve the Second Reading and adoption of Ordinance No. 638. ATTACHMENT: Agenda Item of January 13, 1997. COMMISSION ACTION: , I , '. ORDINANCE NO. 638 AN ORDINANCE OF THE CITY OF WINTER SPRINGS, FLORIDA, DELETING ORDINANCE NO. 589; AMENDING CHAPTER 9, LAND DEVELOPMENT. ARTICLE Vll. IMPACT FEES. DIVISION 2. TRANSPORTATION FACILITIES; SECTIONS 9-386.7, 9-386.8, 9-386.16 AND APPENDIX "B"; PROVIDING FOR SEVERABILITY, CONFLICTS AND EFFECTIVE DATE. WHEREAS, the City Commission of the City of Winter Springs, Florida is desirous of amending its Impact Fee Ordinance to assure it reflects the general conditions of its ordinances, resolutions, policies and procedures; NOW, THEREFORE, THE CITY COMMISSION OF ~HE CITY OF WINTER SPRINGS, FLORIDA HEREBY ORDAINS: SECTION I - That Ordinance No. 589, passed and adopted on the 9th day of October, 1995, be deleted in its entirety. SECTION IT - That Chapter 9, Land Development. Article VII. Impact Fees. Division 2. Transportation Facilities. Section 9-386,7 be amended by changing the first sentence only to read: Any person may determine their road impact fee by using the fee rate schedule presented in Exhibit "B" [following this division] and hereby adopted, and as may be amended from time to time. SECTION ill - That Chapter 9, Land Development. Article VII. Impact Fees. Division 2. Transportation Facilities. Section 9-386.8 be deleted in its entirety and replaced by a new Section 9-386.8 as listed below: Section 9-386.8. Independent impact fee calculation. (a) In the event an applicant believes that the impact of this development on the municipal collector road network will be less than that presumed in this division, the applicant may submit a proposed scope of work for determining an indep~ndent fee calculation which shall comply with the requirements of subsection (d) 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 provisions of this section. If the city manager, or his designee, finds that the data, . , information and assumptions 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 independent impact fee calculations involves significant staff time, applicants should submit their independent impact fee calculation at least sixty (60) days prior to the date they will need a final 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 final independent impact fee determination. T,he city's costs for administering and evaluating the independent impact fee, including but not limited to the cost of independent consulting engineers, shall be borne by the applicant. (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 t~e transportation impact fee. This calculation shall comply with the requirements of Subsection (d) of this section. The City Manager or his designee shall notify the applicant in writing within five (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 independent impact fee calculation shall be borne by the City. The City Manager or his designee shalUave 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 (c) Independent impact fee calculation. The independent impact fee shall be calculated by . use of the following formulas: (I) Calculation of new miles of travel: 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. (2) . # "'" / f--' C or' , I . . A , COMMISSION AGENDA ITEM B REGULAR X CONSENT INFORMATIONAL January 13. 1997 Meeting MGR/~/DEPT.@ 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: j 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. :;..... ~ ... (~ r t- . . . ~ . , . January 13, 1997 REGULAR AGENDA ITEM Page 2 CONSIDERA nONS: 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. j 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) ....,.. ~,.:; ..... , - , <-:": t i,r c. , 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. RECOl\'IMENDA 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. ATTACHl\'IENTS: - 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, 1995 - Commission Meeting Minutes, Second Reading and Public Hearing for Ordinance No. 589 October 9, 1995 - Ordinance No. 589 - Proposed Ordinance No. 638 COl\'Il\'IISSION ACTION: ; ;- ;. LAND DEVELOPMENT -""~, (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.' reet or new building number 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, g 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, g 1(14-20.2), 6-13-88) Cross reference-Code enforcement board power, ~ 2.61. Sees. 9.377-9.380. Reserved. ARTICLE VITI. IMPACT FEES DMSION 1. GENERALLY Sees. 9.381-9.385. Reserved. ~ Supp. No.9 ~ 9.386.2 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, g 1, 12-9-91) Sec. 9.386.2. Intent and purpose. (a) This division is i'ntended 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, ~ 1, adopted Mar. 12, 1990, eru:cted provisions pertaining to transportation impact fees, deslgnated as Art. Vill, ~g 9-386-9.386.21, which have been further designated by the editor as Div. 2. Subsequently, Ord. No. 512, ~ I, adopted Dee. 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. 575 ~ " i- 'WINTER SPRINGS CODE ~ 9-386.2 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 devE!topment 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, findings 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 Lever of Service Max- imum Volumes for Florida's UrbanlUrban- ized (5000+) Areas, FDOT 1988; (5) Ceist per Lane Mile-City oeWinter 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 ,-------. , . . \ i 0": . "', ~ ,',/ ''':~>/ (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 ~eminole 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. (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 odn any combination. (3) "Either ... or" indicates that the con- nected items, conditions, provisions or events shall apply singly but not in combi- nation. C'';;:'' ,'" " -' "- (S,r:.<~:: " , . . -, .'- . . >". 576 . ....' -. -. - -- ..." --~- ~ .~.-. . .... . ~.-- ..;~... r".:-' " . - '.., , .'. ., . :, --./ " \' ?" j. ( 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. Deimitions. 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-adequate 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 olXupancy. 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. which function above the level of a major collector road. AJJerage 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 sere vice "D". ' Capacity per lane mile: The product of the ca. pacity per lane times one (1) lane mile_ For the purpose ofthis 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 f~nction 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. 577 ,T , "- ;. ,~ ('. .'.1 '.: ,~. ' ',/ ~ , ' 9 9-386.4 WINTER SPRINGS CODE Encumbered: ,Funds committed ina 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 limited 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 nclbclh. - 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 deuelopment: Any building, structure or other land use including the uses associated with the building, structure or land. Land deuelopment actiuity 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. .. ~1. 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 lTE Trip Genera- ,tion Report 5th Edition (1991) shall apply. . Leuelofseruice "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 M~uai:: Special' Report 209; which is substantial~y as f~llows: ' 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 ~ccess 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 improuements: 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 in 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 c'.. . ~,:~":~":, .. .,.'" (E;":~'-' . ....." 578 ~_..--_... --'- ..-.--.-.-.--.. --------- " . . or-' ( ;- ;. 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 vehieular 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. ".- . 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: (1) 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. 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 caused by the use or activity associated with a given type or -classification of land 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 ~-_..._,---- ..'.' - -....-.......-...--....- - . " ;r' ;. ,,---- (", ,',) \". '. ~. ~/ !l 9-386.4 WINTER SPRINGS CODE 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 idEmti~ fied in the Winter Springs Future Year Network. with Existing Traffic Volumes Stud~ttac~ed as Exhibit "A" [following, this division] and hereby adopted. (Ord. No. 512, S 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, S 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 t:1 i " .., ,. ,,! Supp. No.8 or their equivalent which are appropriate to the specific circumstances of the land development ac- tivity. generating traffic. (Ord. No. 512, S 1, 12.9-91) Sec. 9.386.7. Road impact. fee rate' schedule. .. Any person may determine their road impact fee by using the fee rate schedule presented in Exhibit "B" [following this division] and hereby adopted. The fee rate schedule is- presented for the convenience of the public and II1ay b~ used in lieu of the independ,ent method of calculation set forth in section 9-386.8. The fee rates have ,been calcu- 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, i.e., 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 "B". ~ \"'~ (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 de~elopment 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- ' -~ I.<~ ~. ; 1 '\..~". 580 .. . , "0.. .... .-.,.r---' . ~ "-", '. . . ;r" ';' ..--, (, LAND DEVELOPMENT ~ 9-386.8 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 Supp. No.8 building permit is. proposed is not within , the categories listed in the 'impact fee schedule, Exhibit "B", or fits within a dif- ferent category, then the city manager, or lUs 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- visi.ons 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 staff time, applicants should submit their independent impact fee calculation at least sixty (60) days prior to the date they will need a final 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 final 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 ;r" ~ 9.386.8 WINTER SPRINGS CODE ;.. (b) 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. , .' Trip generation rate in average daily trips generated per unit of development. 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. (2) Calculation of new lane miles of travel charged to applicant: .. TGR = PNT = DDF ATL = pVM = NLM = (NMT)f(2)(CAP) NLM = New lane miles of travel for a specific land use. NMT = New miles of travel. Supp. No.8 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). 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: 2 = CAP = IFR = (NLM)($CC) IFR = Impact fee rate for a specified land use.. NLM = $CC = 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. (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 = (1F~)(NUD) IFR = Impact fee rate for specific land use as determined in section 9.386.8(b)(3). 582 . - \ ' I , I ! ! I, ~ C'" ,,: 'J ". .",," C--~ ...:II..~..;;~: . , ' ',./ e:.: ,.., ~ .... .'~ .-.._--_.----------~. - - '-0" . ~.. ~.____._ . ..--, ( ,j ;- i- LAND DEVELOPMENT 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 buildingpermit'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 otherwisEWlrovided for in this division. .,~~ {O 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 flied 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 -.-" 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 prior to the issuance of a building permit. Any such agreement shall provide for execution by mortgagees, lie~holders 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 T ~ 9-386.10 ;.. WINTER SPRINGS CODE 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, ~ 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, declli;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 of land, 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 i::npact 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 - ---..--..-.------.. 'I - \ I II II 0.. 'I ' , I , ' , -. . :-". ~:", ~ ~ n~ ! ! 'f1 . , , ()...~,. . ."" ~ ..... . .: ..,' ~ ' C..,' " , ,-,' . ',. ':--'"". :' ;x- i- () 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, S 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 requi:rements 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 Buffered 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; Supp. No.8 !l 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 flied 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 ,... ;. .:.C:"n 'loc. 11) "::J ;ruuv..I.~ 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 tiIIie of issuance of the building permit for the land development activity gen~rating 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: (1) Corridor studies and environmental assess- ments; (2) Design and construction plan preparation; (3) Right-of-way acquisition; 586 , , 0", , . 0,"- , ':'-', ~ ~>> - ,../~ (9,:r.-:", ' . " '-" 'I . .. . a . .~. .., '. ... ...... ".. _..-- '-.'-.--'- ...--......--.- ,,---.---..'-- -----.------, ~ '--, or. \ .-/ . ." ( ,r i- , ...--' (. .1 LAND DEVELOPMENT (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; (9) Construction of new curbs, medians and shoulders; (10) Construction inspe<:tion 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 Col- Supp. No.8 ~ 9.386.19 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 coin- mission annually during the month of October. The review shall include trip generation rates, trip lengths, construction and right-of.way acqui. 587 ;r" ;.. 9 9-386.19 WINTER SPRINGS CODE 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 continued use and application of the existing fee schedule and other data. (Ord. No. 512, 9 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,,9 1, 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 flied 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 flied 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. (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. (1) The city clerk will schedule all impact fee appeals for the flI'St 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 disc'.lsS the submitted written record. (Ord. No. 512, 9 1, 12-9-91) 588 ,\ /~ ,I (-. "} I"-.....,;. . i i I ~ U'" ::. ~_'._..I';J- _ . .' . "." . (j0~. 'I' .. ~ . ....;.:...... ....". . . _..~....___-_......:r- --;~--_..,...~~- . ',,," ,. " c, ;r" .~ ;.. . TIPTON ASSOCIATES INCORPORATED (~' TRAFFIC/TRANSPORTATION/CIVIL ENGINEERING June 3, 1994mffi@tilW~ JUN. 4 )994.' CITY of WINTER SPRINGS CITY .\1ANAGER [I Mr. Carl D. Gosline City Planner City,of Winter-Springs 1126 East S.R. 434. Winter Springs, FL 32708 (!) 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 City. 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 modificatio~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 current Ordinance only allows the applicant to accomplish a study to reduce fees but does not mention allowing the City ~hecapability to accompli~ha study to increase fees. . The second modification recornm~nded in the Transportation Impact Fee, Ordinance is to allow the establishment of' an escrow account. The escrow account would be utilized by,the City to hold the'oeveloper's fees while'a project is being .constructed so that the alternative transportation impact fee study can be. accomplished on the: actual. site for which' the fe~s are, .due. This is obviously the most accurate way to' accomplish.~ the alternative transportation impact fee calculation since: it w:ill be accomplished on site within the City of Winter Spr~ngs... . .' 760 MAGUIRE BOULEVARD (407) 894-2055 ORLANDO, FL 32803-3751 FAX (407) 896-9949 '" ;- .--- t ' ,~ (: ;.. Mr. Carl D. Gosline . June 3" 1994 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, .' : ..- , . TIPTON ASSOCIATES INCORPORATED, ~/" /L4': .~';., -'~'-:" . . . ''''., U",,-,", , " · William .E . Tipton, . ~', P. E. " :p12-107.1 Encl. .,; : (,: .-. e. . .: ItEION ~ INCORPORATED W .!) ',.. . (- '., 7 r ;.. RECOMMENDED MODI~ICATIONS 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. TIPTON ASSOCIATES INCORPORATED DU~ .. I' 'f;. " i- , ~ j. Regular Meeting City Commission' September 25, 1995 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 Commissioner Fening 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; Commissioner McLeod: aye; Commissioner Gennel!: aye. Attorney Kruppenbacher read Ord. 589 by title only. Attorney Kruppenbacher stated that the City Manager is giving out corrected infonnation from Staff regarding appendix B, we would ask that you set tonight an additional third readinglPublic Hearing that will advertise this document as amended with the new appendix:, I believe that this change is a substantial change to this document. ~~... ,- ;- ;.. r;., '-; ,; I 'i 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 Ml1 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 t-cr 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 Ferring 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 Ferring agreed to amend his motion to state what the Attorney stated. Seconded by Commissioner LangeUotti. 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 III, Sections 10-51 through Section 10-110, nude entertainment, of the code of Ordinances of the 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 Ord. 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 Ferring; aye; Commissioner: Langellotti: aye; Commissioner Conniff: aye; Commissioner McLeod: aye; Commissioner Gennell: aye. Motion j l . . . . ,~ .--' I (, (-' . , OJ.. . ORDIN'ANCE NO. 589 AJ.'f ORDINANCE OF THE CITY OF WINrER SPRINGS, FLORIDA, MlENDING CHAPTER 9, LAND DEVELOPi\tIENT. ARTICLE VII. IMPACT FEES. DIVISION 2. TR.A1'fSPORTATIONFAClLITIES' . , 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 COJ\111v1ISSION OF THE CITY OF WINTER SPRINGS AS FOLLOWS: SECTION I - That Chapter 9, Land Developmerit. 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 arid 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 . '. (~ r j. . , - . '. 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. SECTION IT - Conflicts. All ordinances or parts of ordinances in conflict herewith being the same are hereby repealed. SECTION III - 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 rv - Effective Date. This Ordinance shall become effective immediately upon its passage and adoption. -ch Passed and adopted this 9 day of ~ . 1995. CITY OF WINTER SPRINGS .' ,;? /2 d ,./~, ATTEST: ~ A4j~ CITY~RK First Reading Au\?:us t 28, 1995 Posted August 21, 1995 Second Reading and Public Hearing Sep tember 25. 1995 Third Reading and Public Hearing October 9, 1995 . ] 'Jincer ~irqs City Trarl r. :.ltien ftrpdct F~ witl'l 1926.e27/1.!J'1e mile 1, 7,;. -,' ~ W leu Idt lens Odsea en LOS 0 , Co I urn 2 J 5 6 8 9 to II ] Toe.! I . ~ of Per- Ca1c.. t-ew Dai Iy Daily. Trips " lTe ~ G2J./ . Daily Dai Iy T>o Trip of OiStriO. 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S cere 4.~ 0.5.347 174.54 8.a:D 0.0Zl7 935.827 .OJ ZO.JU.ffi ZJJ.48 9Vlr:::.s 2.4<9.34 911 '.aIle-III ~ 1.:0 0.5.347 167.OJ a.cso 0.0207 926.827.OJ 19.*.69 912 Q-ive-(n 9'lc 1.~ 0.5.347 184.02 a.CEO 0.QZ29 9.36,827.OJ 21.415. ;q 6.118.aJ TIPTON,mt1 ASSOCIATES ' _ INCORPQRA TED . --- .. . -.-- --- ,,'- f ' r' ORDINANCE NO. 638 - AN ORDINANCE OF THE CITY OF WINTER SPRINGS, FLORIDA, DELETING ORDINANCE NO. 589; AMENDING CHAPTER 9, LAND DEVELOPMENT. ARTICLE VII. Th1P ACT FEES. DIVISION 2. TRANSPORTATION FACILITIES; SECTIONS 9-386.7, 9-386.8, 9-386.16 AND APPENDIX "B"; PROVIDING FOR SEVERABILITY, CONFLICTS AND EFFECTIVE DATE. WHEREAS, the City Commission of the City of Winter Springs, Florida is desirous of amending its Impact Fee Ordinance to assure it reflects the general conditions of its ordinances, resolutions, policies and procedures; NOW, THEREFORE, THE CITY COl\fl\tIISSION OF THE CITY OF WINTER SPRINGS, FLORIDA HEREBY ORDAINS: - SECTION I - That Ordinance No, 589, passed and adopted on the 9th day of October, 1995, be deleted in its entirety. SECTION II - That Chapter 9, Land Development. Article VII. Impact Fees. Division 2. Transportation Facilities. Section 9-386.7 be amended by changing ~he first sentence only to read: Any person may determine their road impact fee by using the fee rate schedule presented in Exhibit "B" [following this division] and hereby adopted, and as may be amended from time to time. SECTION ill - That Chapter 9, Land Development. Article VII. Impact Fees. Division 2. Transportation Facilities. Section 9-386,8 be deleted in its entirety and replaced by a new Section 9-386.8 as listed below: Section 9-386.8. Independent impact fee calculation. (a) In the event an applicant believes that the impact of this development on the municipal collector road network will be less than that presumed in this division, the applicant may submit a proposed scope of work for determining an independent fee calculation which shall comply with the requirements of subsection (d) 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 provisions of this section, If the city manager, or his designee, finds that the data, " -' , . ( rOo information and assumptions 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 independent impact fee calculations involves significant staff time, applicants should submit their independent impact fee calculation at least sixty (60) days prior to the date they will need a final 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 final independent impact fee determination. The city's costs for administering and evaluating the independent impact fee, including but not limited to the cost of independent consulting engineers, shall be borne by the applicant. (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) of this section. The City Manager or his designee shall notify the applicant in writing within five (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 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 ( c) Independent impact fee calculation. The independent impact fee shall be calculated by use of the following formulas: (1) Calculation of new miles of travel: 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. (2) (~. (' 'i' PNT = Percent of new trips: The percentage 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. DDF = Daily distribution factor is based upon the percentage of daily trips occurring in the p,m. peak hour, in relation to the average often (10) percent of the daily traffic occurring during the p.m. peak hours. This factor is used to more accurately reflect the impact of a particular development on the most critical traffic hour, the p,m. peak hour. ATL = Average trip length. PVM = Percentage of vehicle miles S'n the municipal collector network. This factor reduces the impact fee to reflect only trips made on the municipal collector road network. (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. -' 2 = A constant that assigns one-half (1/2) of the new lane miles of travel to the land development(s) at the other end of the trips(s). CAP = Typical new capacity per land mile expressed in vehicles per day. The typical new capacities reflect an adjustment for capacity at level of service "D", (3) (' c, (3) Calculation of the impact fee rate: IFR = (NLM)($CC) IFR = Impact fee rate for a specified land use. NLM = New land miles of travel. $CC = Typical construction cost, including right-of-way, for one (1) lane mile at-grade roadway. (d) Data, information and assumption requirements: The independent impact fee calculations shall be based on data, information or assumptions contained in this division or independent sources, provided that: (1) The independent source is an accepted standard 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. (e) 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 = (IFR)(NUD) IFR = Impact fee rate for specific land use as determined in section 9.386.8(c)(3). NUD = Number of units in a development of the specified type of development activity, (4) . - . ," r. C,,' .. , , .. (f) 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, including each and every use within a building or structure, unless otherwise provided for in this division. (g) In the case of a change of use, redevelopment, 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 development activity as compared to the existing or last previous land use or activity, (h) 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 SECTION IV - That Chapter 9, Land Development. Article VII. Impact Fees. Division 2. Transportation Facilities. Section 9-386,16 be deleted in its entirety and replaced by a new Section 9-386.1 6 as listed below: Section 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 develoPl11ent activity generating traffic. .; (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 Commission or its designee, (5) f' . " '. (c) The road impact fee shall be collected by the city manager or his designee. SECTION VI - That Chapter 9, Land Development. Article VII. Impact Fees. Division 2. Transportation Facilities. Appendix "B" be replaced by the attached Appendix "B". SECTION VII - That any portion of any City Ordinance in conflict herewith shall be hereby repealed. SECTION VITI - Ifany section or portion ofa 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 po~ion of a section or subsection or part of this Ordinance. SECTION IX - This Ordinance shall become effective immediately upon its passage. DONE AND ORDERED THIS Winter Springs, Florida. OF , 1997, in Chambers at PAUL P. PARTYKA, MAYOR ATTEST: CITY CLERK First Reading Second Reading and Public Hearing Posted (6) " . " ~.. \ ~ ( r TIDS INSTRUMENT WAS PREPARED BY; Don LeBlanc, Land Developmen~ Coordinator City of Winter Springs, Florida 1126 East SR 434 Winter Springs, Florida 32708 (7) _. ~w......_ .....-..,.:,.~......z.: .-"-c....-~ ~ i\.. ... -...... ...... _.~-_.=..;.......~.~;'c.~ A P 9't N;n\.x " B )",.or-. .. ( " ';; . '.linter 5orirq~ City T ran S\Xlrt.l t icn !rrpdct Fee 1litJ1 $9J6,827/1d11e mile '0 wlculatlcn~ tldse:l CJl LOS 0 Colvm 2 5 6 8 9 lO II r-ew Totdl ere of ~ Ca1t Dai ly Dai ly Tl"ips [TE G-'o.p GIYV Daily Dai Iy T\o() Trip of Distrib. 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(1;Q 0.0079 9.36.827 .00 7,442.45 l. <loSS. 49 asl CcnVe"I ie"ICe M3ri:et (<:pen 24 hrs. ) 0.75 0.5.347 .u.62 8,IE) o .0JS4 936,827 .CO 5.076.72 2.538.26 ('0/10 Gdsolire ~) 8SJ Ccnven ience M3ri:et 'o//Gdso I ire P.Jrps 0.75 0.SJ47 70.58 8, (1;Q o . cx:E8 936.827 .CO 8,ZlJ.66 J.285.46 89J Fum i tun! Stan:! 4.<:0 0.5347 174.54 8,C6.'.l 0.0217 936.827 .CO 20 ,JI2.66 213.48 XRV ICES 911 ',a 1 k . [n 8anJc I. SO 0.5347 167.00 8. (1;Q 0.0207 926,827 .CO 19.{l4.e:J 2.429.34 912 crive-[n 8.lI'lc I.SO 0.5347 184.02 8.1E) 0.Ql29 936.827 .CO 21.415.7'9 6.118.00 TIPTON ImL ASSOCIA rES INCOAPOAA TED