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HomeMy WebLinkAbout1999 03 08 Regular Item E COMMISSION AGENDA ITEM E Consent Informational Public Hearin Re ular X March 8. 1999 Meeting MGR ~EPT. Authorization REQUEST: City Manager requesting the City Commission to decide the question of the City waiving or exempting private schools from impact fees. PURPOSE: The purpose of this agenda item is to have the Commission decide if it desires to waive impact fees for private schools. CONSIDERATION: The City currently collects police, fire, and transportation impact fees for private schools. St. Stephens Catholic Church desires the City to either waive impact fees, or to be exempted from impact fees for its proposed school to be located on church property. Impact fees are not waivable under the City's Ordinance. St. Stephens's points to recent action by Seminole County to exempt private schools from impact fees. The County bases this policy change upon the recently voter approved Article 9 Section 1 of the constitution stating that the education of all children is a fundamental value of the people of the State of Florida and that it is the paramount duty of the State to make adequate provision for the education of all children. The County goes on to conclude that since public schools are exempted by the Statute from impact fees, private schools should also be exempt. Additionally, the County argues that private schools help offset the cost of public schools. Page 1 We have surveyed other cities in the County relative to their policy on impact fees for private and parochial schools. All indicated they charge impact fees, provide no exemptions and have no plans to change at this time. The City Attorney and Staff do not agree with the County. First, we don't believe the County's interpretation of the Constitutional Amendment is necessarily correct or consistent with State law governing impact fees. Secondly, we do not agree that private schools will offset the cost of public schools in Winter Springs. In fact, in Winter Springs private schools are likely to increase traffic trip generation. Application of the County's theory in Winter Springs would result in more traffic trip generation while reducing revenues for road improvements. Third, all students moving from public schools to private schools in the County, will be County residents and the fiscal impact of the change will be absorbed by all County residents. However, in a City like ours, not all students moving from publiC schools to private schools will be residents of our City. New trips will be generated in the City. City impact fee payers will be subsidizina students from outside the City. The City impact fee does not provide specifically for private schools. The nearest category provided for in the ordinance is day care centers. The County has historically used the office category. Impact fees are estimated to be as follows for the school utilizing the day care center category. Transportation Police Fire Total $37,010.84 7,140.00 17,850.00 562.000.84 The City Ordinance provides than an applicant can have a traffic study done justifying our alternate trip generation and cost. FUNDING: None Page 2 RECOMMENDATION: 1. Until such time that the legislation might exempt private schools from impact fees, it is recommended that the Commission not exempt private schools from City impact fees. 2. It is recommended that the church have a traffic study performed by a competent traffic consultant if they do not agree with the City's application of the impact fee ordinance. ATTACHMENTS: City Attorney's opinion. County Agenda Item and Ordinance. Building Official Memo of 3/1/99 Building Official Memo of 3./3/99 COMMISSION ACTION: Page 3 JAN 04 '99 11:25AM KRUPPENBACHER & ASSC P.2/3 . LAW OFFICES FRANK KRUPPENBACHER A Professional Association Frank Ktuppenbacher Robert D. Guthrie P.O. BOl( 3471 Orlando, Florida 32802-3471 105 B. Robinson S1reet, suite 201 Orlando. Florida 32801-1622 Telephone (407) 246-0200 Facsimile (407) 426-7767 -Also Admille6 ~ Oq1orado MEMORANDUM nOM: R.onald W. McLemore. City Manager City of Winter Springs n ( ./ Robert D. Guthrie, City Att" December 11 t 1998 TO; DAlE: RE: Impact Fees M ADplied to Private Schools You provided me a copy of the materials from a private school operator concerning the County treatment of private schools under the County fee impact ordinance. Frankly, the material surprised me. The materials appeared to indicate that the County was not charging impact fees to a facility that caused impactS (transportatio~ public safety, fire, etc.). This is an issue because one tenet of impact fee law is that the fees must be unifonnly applied to all. All property owners constructing new improvements (that impact the system) are required to pay impact fees to cover tbeir impact on public facilities. Exemptions undermine this concept ofunifonnity of fees from all users impacting the system. State law may have exempted public schools from paying certain impact fees, but I' am not aware of other exemptions imposed upon local governments. Certainly, City ofWmter Springs regulations do not allow exemptions from impact fees. The ordinance does allow an alternative calculation that shows that the Statutorily presumed impact fee is less for a particular type of development. However, as you know, such an alternative impact fee calculation requires some payment and requires that the alternate payment is justified based on a professional study of the system impacted by the development. Therefore, it is my opinion, that the City ofWmter Springs is without authority to grant an exemption from impact fees. This would -violate the unifonnity requirement of impact fees under our ordinance and under the case law that is utilized br local governments to justify the imposition of impact fees. Please ~ if you have questions regarding this matter. Lis Item No: -4/ SEMINOLE COUNTY GOVERNMENT AGENDA MEMORANDUM SUBJECT: Imoact Fee Assessments on Schools I Water and sewer Connection Fees DEPARTMENT: Planning & Develooment DIVISION: Administration AUTHORIZED BY: F~~ CONTACT; Frances Chandler EXT. 7396 Agenda DatQ 1/12199 Regular 0 Consent 0 Work Session 0 Briefing X Public Hearing - 1 :30 0 Public Hearing - 7:00 0 MonONIRECQMMENDATlON: 1. Authorization to advertise Ordinance to amend ~e Land Development Code of Seminole County relating to the collection of Impact fees assessed to private and pubrcc schools and direct the Department Of Fiscal Services to prepare an economic impact statement relating to the proposed Qrdinance.. And 2, Provide direction on actions to take relative to water and sewer connection fees. BACKGROUND: At the Board's November 10, 1998 meeting, staff was requested to evaluate the possibility of exempting private schools from the payment of infrastructure and service impact fees for which they are currently assessed, At this time those fees would include road Impact fees, fire impact fees, and water and sewer connection fees. This agenda item has been prepared with two parts to address the differing issues between: (1) road and fire impact fees and (2) the water and sewer connection fees. PART 1: ROAD AND FIRE IMPACT FEES Staff has prepared the attached Ordinance that amends the Land Development Code to Reviewed by: / L Co Atty: Q.. DFS: =C&:-- CM: File No, lapdu02 exempt private and public schools from road and fire impact fees. The primary basis cited for this exemption is that when children attend private schools, the burden of the taxpaying public is relieved of the costs and expenses relating to pUblic school construction and maintenance, the payment of salaries and benefits, transportation costs and other costs that would have otherwise resulted in public expense. 6/Z'd JSS~ ~ ~3HJ~8N3ddn~~ WdEE:Z0 66, L0 N~f A private school is defined as an instructional organization, regardless of whether .operated for profit or not for profit, which provides kindergarten classes, elementary grades, secondary grades and special classes operated through grade 12 which is not part of the "State System of Public Education" and Is designed to lead toward graduation' from a high school. Upon authorization by the Board to advertise this Ordinance, staff will schedule the Ordinance to be heard before the Land Planning Agency for February 3, 1999 at 7~OO p.m. and for public hearing before the Board of County Commissioners for February 23. 1999 at 1 :30 p.m. This type of amendment to the Land Development Code requires only one public hearing before the BCC. PART 2: WATER AND SEWER CONNECTION FEES Water and sewer connection fees (or impact fees) are substantially different from the other County imposed impact fees and are authorized under a different legal structure and fonn. To adequately prepare alternatives for the Board, staff requires additional direction. The following issues provide a context and framework for the Board's deliberations and outline the areas in which staff seeks guidance in the preparation of options for future action: 1. John Stokes, the County's Bond Counsel, has advised that he sees no bar to such an exemption so long as other conditions of the Bonds are adhered to and that the exemption is enacted by amendment to the County Water and Sewer Ordinance. He will need to review the final proposal for compliance with bond covenants. 2. Any action taken by the Board relative to providing an exemption of fees would only affect those private schools that build within the Count}ls water and sewer service areas. This action would not affect private utility companies or municipalities. Therefore, staff has El concern of a possible inequity of the County's utility customers being disparately affected by this decision as opposed to the customers of other utmty providers. 3. The County provides wholesale water and sewer capacity to private utilities and municipalities and also receives whole~ale ~ervice. These aorp.p.ments stipulate that connection fees will be collected by the respective entity regardless of the proposed use. The County could propose amending the wholesale agreements, however, the private utilities and municipalities who provide service may not wish to exempt schools from connection fees. This could create disparities in terms of which schoolS would receive the exemption, for If the County were assessed fees. the fees would be passed on to the end user. Attachments: Advertisement Draft Ordinance 6/E'd )SS~ ~ ~3H)~8N3ddn~~ WdEE:20 66, L0 N~r RO'f:ra OF PROPOSED ORDDlARCS NOTJ:CB is heX'eby given that tbe Board of County commissioners (BCC). of Seminole County, Florida. intends to hold a public hearipg to consider the enactment of an ordinance entitled: AN ORDINANCE AMENDING THE LAND DEVELOPMENT CODE OF SEMINOLE COUNTY RELATING TO THE COLLEcrION OF IMPACT FEES ASSESSED TO PRIVATE SClIOOLS AND PUBLIC SCHOOLS; paOVIDING FOR DEFINITIONS OF THE TERMS II PRIVATE SCHOOLS II AND II PUBLIC SCHOOLS n TO BE ADDED TO CHAPTER 2 I LAND DEVELOPMENT CODE OF SEMINOLE COUNTY; PROVIDING FOR LEGISLATIVE FINDINGS i AMENDING SECTIONS 110.21 AND 120.31, LAND DEVELOPMENT CODE OF SEMINOLE COUNTY; EXEMl?TING PRIVATE SCHOOLS .AND PUBLIC SCHOOLS FROM THE FIRE AND RESCUE IMPACT FEES AND ROAD IMPACT FEES i PROVIDING FOR CODIFICATION IN THE LAND DEVELOPMENT CODE; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTXVE: DATE. at 1;30 p.m., or as soon thereafter as possible, at its regularly scheduled meet1ng of February 23, 1999, at the Seminole county Services Building, 1101 Base First Street, BCC Chambers, Sanford, Florida. The proposed ordinance may :be inspected by the public at:: the office of the cle~k of the Board of county Commissioners, Room 2204. Seminole County services Building. Interested parties may appear ae the meeti~ and be heard with respect to the proposed ordinance. Persons are advised that, 1f they decide to appeal any decision made at this hearing, they will need a record of the proceeding$, and, for sucb purpose, they may need to insure that a verbatim record of the proceedings is made, which record includes the te$timony and evidence upon which the appeal is to :be based. FO~ additiona~ information regarding this notice and the proposed Ordinance contact Frances Chandler, Planning ~ Development Director. (407)665-7397. PersOns with disabilities needing assistance to participate in any of these proceedings should contact the Employee Relati.ons Deparement ADA Coordinator 48 hours in advance of the meeting at GSS-7941. MARYANNE MORSE Clerk to tbe Board of County Commissioners of Seminole County, Florida By: Deputy Clerk Publish: sunday, February 7, 1999 %nvOice to and Proof of Puhl~ea~iQft ~Ol 037543004 ^ccount Department of Planning " Developm.en.t seminole Couney Services Building 1101 E. First Street Sanford, Flo~ida 32771 Contact Person/phone Number: Frances Cnandler, (407)665-1397 6/v"d JSS~ ~ ~3HJ~aN3ddn~~ WdVE:20 66, L0 ~r ORD~ NO. 99-_ SmaNOX,B COllNTY, PLORJDA AN ORD:INANCB AMENDING ?:HE LAND DEVELOPMENT CODE OF SEMINOLE COUNTY RELAT!NG TO THE COLLECT%ON OF XMPACT FEES ASSESSED TO PRIv.A~ SCHOOLS AND PUDLXC SCHOOLS; PROVIDXNG FOR. CEFJ:NI:T:tONS OF THa TERMS II PlUVATS SCHOOLS. AND .PUBLIC SCHOOLSII TO BE ADDED TO CHAPTER 2 . LAND DEVE1.0PMP:NT CODE OF SEMI:NOLE COUN'l'Y; PROVl:DING FOR LEGISLATIVE FINDINGS; AMENDING SECTIONS 110.21 AND 120.31, LAND DEVELOPMENT CODE OF SBMDlOLE COUNTY J EXEMPTING PR:tVATE SCHOOLS AND Ptmt.XC SCHOOLS FROM THE FJ:R.B .AND RESCUE IMPACT FEES AND ROAD n!PACT FEES; PROVIDI:NG POR CODIFI:CATION I:N THE LAND DEVELOPMENT CODE; PROVIDING FOR SEVERABILI:TY; AND PROVIDING AN UPECTI:VE DATE. WHEREASi the Seminole County Home Rule Charter requires that an Economic Impact Statement be prepared to address the potential fiscal impacts and economic costs of this Ordinance upon the public and taxpayers of Seminole County and such Economic Impact Statement has been prepared and has been made available for public review and copying prior to the enactment of this Ordinance in accordance with the proviSions of the Seminole County Home Rule Charterj and WHEREAS, the Seminole County comprehensive plan requires that a property rights analysis be accomplished relative to any changes in land development regulations and such analysis has been accomplished; and WHEREAS, the Board of County Commissioners of Seminole county hereby finds that this Ordinance is consistent with the objectives, goals and policies of the Seminole County Comprehensive Plan; and WHEREAS, Section 235.26 (l) (a) , Florida Statutes (1998 Supplement.). provides that "public educational and ancillary 6/~.d ., JSS~ ~ ~3HJ~8N3ddn~~ WdpE:20 66, L0 N~f planes constructed by a district school board...are exempt from. . . county. . . impact fees or service availability fees II i and WHEREAS, the recently voter approved Article IX, Section 1 of the constitution of the State of Florida provides that N [t] he education of children i6 a fundamental value of the people of the State of Florida. It is, therefore, a paramount duty of the state to make adequate provision for the education of all children residing within its bordersll; and WHEREAS, the above-referenced constitutional provision refers to all children resident within the state of Florida regardless of whether attending a public or private school while guaranteeing each child the right to a free public education; and WHEREAS, the development of private schools, both secular and religious, has been a significant occurrence in terms of providing educational alternatives to the citizens of Florida and Seminole County; and WHEREAS, when children attend private schools the burden upon the taxpaying public is relieved to a significant extent inasmucn as the parents of children attending private schools pay property taxes and other taxes that are appropriated to the public school system while also paying fees and tuition to enable their children to attend private schools; and WHEREAS, when parents of children attending private schools pay fees and tuition to fund che operation of private schools they relieve the taxpaying public of costs and expenses relating to school construction and maintenance, the payment of salaries and 6/9"d ') JSS~ ~ ~]HJ~8N]ddn~~ WdSE:20 66, L0 ~r ~ benefits, transportation costs, security costs, and numerous other expenses that would have othe~iee resulted in public expense; and WHEREAS, it is in the public interest and serves a public purpose to encourage the development of non-public educational facilities by appropriate means such as treating private schools in a manner comparable to public schools; and WHEREAS, providing an exemption from impact fees for the benefit of private schools furthers the constitutional goal of adequately providing educational opportunities to all of the children residing in Seminole County, serves a public purpose and attains a public benefit, NOW, THEREFORE. BE :I:T ORDAJ:NED BY THE nOARD OF coUNTi COMMl:SSrONERS OF SEMl:NOLE COUNTY, P'LORXDAz Section J.. Legi.slative Findings. The recitals set forth above are hereby adopted as legislative findings relative to the enactment of this Ordinance and s~ll be codified. Section 2. Oafin:i.t:i.ons. The following definitions are hereby enacted and shall be incorporated into Chapter 2 of the Land Development Code of Seminole County to read as follows: Private Schools: An organization of pupils who are children assembled for instructional purposes that are designed to lecld toward graduation from a high school, regardless of whether operated for profit or not for profitl which provides kindergarten classes, elementary grades, secondary grades and special classes operated through grade 12 which is not part of the "$tat.e System of Public Education" as defined in Section 228" 041 (~), Florida Statutes (1998 Supplement); pro~ided, however I that the term shall 6/L"d ~ JSS~ ~ ~3HJ~HN3d~~ WdSE:Z0 66. L0 N~r ~ not include a "Home Education Program" a.s defined at Section 228.41(34), Florida Statutes (~998 supplement). Public Schools: The definitions set forth at Section 228 . 04~ (~) (a), (d) and ee), Florida Statutes (1998 Supplement), are hereby adopted into this Code. Seotion 3. Amendment Re~ating To Fire And Rescue ~act Pees Section 110.21. A subsection (a) (5) is added to Section 110.21, Land Development Code of Seminole County, to read as follows: Sec. 110.21 Exemptions. (a) The following shall be exempted from payment of the Impact Fees~ (1) Alterations or expansion of an existing Dwelling Unit where nO additional dwelling units are created, or of an existing Building when nQ add.it.iQn.~_l uS<il.ple square footage is created and the use of the Building is not changed. (2) The construction of Accessory Bui.ldings or Struc- tures wliich will not create additional dwelling units or will not increase the usable square footage space associated with the principal building or of the land. (3) 'the replacement of a Dwelling Unit or Building with a new Dwelling Unit or Duilding of the oame Si2Q ~nd u~e and which will not increase the square footage associated therewith. (4) The construction of publicly owned buildings used for governmental purposes. (5) Any construction. alteration or exp~nsion of a. ~rivate school or public school. 6/S"d 4 JSS~ ~ ~3HJ~HN3ddn~~ Wd~E:20 66, L0 N~r i " Seotion 4. kmendment Relating To Road ~adt Pees - Sedtion 120.31. A subsection (e) is added to Section ~20.31, Land Development Code of Seminole County, to read as follows: Sec. 120.31 Ex~tions. The following shall be exempted from payment of the Road Impact Fees: (a) Alterations. expansion or replacement of an existing Dwelling Unit which does not increase the number of families which such Dwelling Unit is arranged, designed or intended to accommodate for the purpose of providing living quarters. (b) The alteration or expansion of a Building if the Buildi.ng use upon completion does not generate greater External Trips under the applicable Impact Fee Rate. (c) The replacement of a Building or the construction of an Accessory Building if the replacement Building or Accessory Building does not result in a land use generating greater External Trips under the applicable Impacc Fee R~te. (d) The construction of publicly owned buildings used for governmental purposes. ee) Any construction. alteration or ex,pansion of a private school or Dublic scnQol. Section 5. Codification. It ~s the intention of the Board ot County Commissioners that the provisions of this Ordinance shall become and be made a part of the Land Development Code of Seminole County, Florida and the word II Ordinance II may be changed t.o "Section, II "Article, II or other appropriate word or phase and that the sections of this Ordinance may be renumbered or 6/6'd 9SS~ ~ ~3HO~~N3ddn~~ Wd9E:20 66, L0 N~E Building Division I Memo To: Ron McLemore, City Manage,/-") From: Don Houck, Building Official V~ CC: Date: 03/01/99 Re: Impact fees St. Stephen School Per your request, the following are Transportation, Police and Fire Impact fees for the proposed St. Stephen School. The transportation fees are based on the schedule used for day care centers since we do not have a fee specific to private schools. Conklin, Porter, Holmes recommended this rate as being the most appropriate of our existing rates for this type of use. The fees are as follows: . Transportation - $37,010.84 This was determined by applying the day care rate of $981.72/1000 sq.ft. of gross floor area to the total classroom area onlv of 37,700 sq. ft. Police Impact Fees - $7,140.00 This was determined by applying the fee of $0.12 per sq. ft. under roof of all of the new facilities to be constructed, which totaled 59,500 sq. ft. Fire Impact Fees - $17,850 A rate of $0.30 per sq. ft. under roof for all new facilities being constructed was used to determine this fee. The fee per sq. ft. for Fire and Police Impact fees is the same for all uses. Total of all fees - $62,000.84 . Page 1 Memo To: City Manager and Commission From: Don Houck, Building Official c;)~. CC: Date: 03/03/99 Re: Impact Fees Assessed Churches Since the impact fees vvere enacted in 1991, we have had the following churches add structures that would be subject to impact fees: Episcopal Church of the New Covenant - March 1992 This was a renovation and expansion of the sanctuary. They paid Transportation, Fire and Police impact fees totaling $4347.23. Starlight Baptist Church - September -1998 This is the addition of a 1738 sq. ft. Sunday School classroom building that is still under construction. They were assessed Fire and Police impact fees of $725.76. Transportation impact fees were not assessed due to the fact that the accessory building did not generate new trips Sl Stephen Catholic Church - February 1994 This was the addition of a 9332 sq. ft. Enrichment Center (classrooms and auditorium). The Transportation, Fire and Police fees amounting to $23,597.90 \Nere waived by the City Manager. Because it is used as accessory to the principal use, transportation fees vvere not charged. The authority under which the City Manager waived Police and Fire impact fees is unclear. . Page 1