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Home My WebLink About2009 07 13 Public Hearings 502 First Reading Ordinance 2009-12 Impact FeesCOMMISSION AGENDA ITEM 502 July 13, 2009 Regular Meeting Consent Informational Public Hearin X Re ular ~~ i~ Mgr. /Dept. Authorization REQUEST: Public Works requesting the City Commission consider on First Reading Ordinance #2009-12 Updating the Impact Fee Credit Schedule for Police, Fire, Parks and Recreation, and Public Buildings Impact Fees for the years 2009 to 2013. PURPOSE: This agenda item is needed to provide the necessary the impact fee credits for the Fire, Parks and Recreation, Police and Public Building impact fees for the years 2009-2013. CONSIDERATIONS: An impact fee study was performed by Land Design Innovations, Inc. (LDI) in 2008 with two primary goals; evaluate the current impact fees and compare that revenue to capital needs, and to also update the impact fee credits for future years. LDI had prepared the original impact fee study in 2002 and also the update in 2005. On October 13, 2008, the City Commission reviewed the study and agreed to no increases in the impact fees. Staff was directed to return with an ordinance to update the impact fee credits which had only been projected out to 2007 in the 2002 ordinance. This ordinance provides impact fee credits for Police, Fire, Parks and Recreation, and Public Buildings through 2013. Impact Fee credits are due to the payer to offset payments which new development will incur in the form of personal service taxes and franchise fees to retire outstanding bond issues which were used to finance past capital improvement projects associated in each of the areas. The credit will have to be revisited in 2013 to provide an additional five years of credits. A copy of the LDI 2008 Study is available for review in the Laserfiche archives as an attachment to Regular Item 600, 10/13/08. The credits in Ord. #2009-12 are consistent with the recommended credits in the study. July 13, 2009 Public Hearing Agenda Item 502 Page 2 RECOMMENDATION: It is recommended that the City Commission move Ordinance 2009-12 to 2nd Reading for a public hearing. ATTACHMENTS: 1. Ordinance 2009-12 IMPLEMENTATION: If approved to be moved to 2nd reading for public hearing, the ordinance will be duly advertised in the paper as required by law. COMMISSION ACTION: ORDINANCE N0.2009-12 A ORDINANCE OF THE CITY CONIlVIISSION OF THE CITY OF WINTER SPRINGS, FLORIDA, AMENDING CHAPTER 9, ARTICLE VIII, IlVIPACT FEES, OF THE CODE, BY UPDATING THE IlVIPACT FEE CREDIT SCHEDULE FOR POLICE, FIRE, PARKS AND RECREATION, AND PUBLIC BUILDINGS IlVIPACT FEES FOR THE YEARS 2008 THROUGH 2013; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; INCORPORATION INTO THE CODE; SEVERABILII'Y; AND AN EFFECTIVE DATE. .WHEREAS, the City is granted the authority, under § 2(b), Art. VIII of the State Constitution, to exercise any power for municipal purposes, except when expressly prohibited by law; and WHEREAS, the City Commission has previously found and determined it to be in the best interest of the health, safety and welfare of the citizens of the City of Winter Springs to establish police, fire and other impact fees to require new development to pay their equitable share of public improvements that must be constructed to serve new growth; and WHEREAS, the City Commission directed Land Design Innovations, Inc. ("LDP'), to study the current impact fee revenues and compare said revenue to the capital needs, and to update the credit schedule for police, fire, and public buildings s for future years; and WHEREAS, the City Commission has previously determined that the impact fee credit schedule is necessary to account for bond proceeds, received from bond issuances in 1999 and 2003, which were expended for capital improvements related to police, fire, and public buildings; and WHEREAS, LDI completed the aforementioned study and reported to the City Commission, that the current impact fee rates for Police, Fire, Parks and recreation, and Public Buildings are sufficient to cover the capital needs of the City and that no adjustment in the impact fee rates are necessary; and WHEREAS, LDI, however, has recommended that the impact fee credit schedule be amended in accordance with the current impact fee ordinance because adjustments are required to account for the ongoing repayment of the aforementioned bonds; and WHEREAS, the City Commission adopted said findings at its regular Commission meeting City of Winter Springs Ordinance No. 2009-12 Page 1 of 6 held on October 13, 2008; and WHEREAS, the Ciry Commission of the City of Winter Springs, Florida, hereby finds this ordinance to be in the best interests of the public health, safety, and welfaze of the citizens of Winter Springs. NOW, THEREFORE, THE CITY COMIVIISSION OF THE CITY OF WINTER SPRINGS HEREBY ORDAINS, AS FOLLOWS: Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by reference as legislative findings of the Ciry Commission of Winter Springs. Section 2. Code Amendment. The City of Winter Springs Code Chapter 9 is hereby amended as follows (underlined type indicates additions and strikeactt type indicates deletions, while asterisks (***) indicate a deletion from the Ordinance of text existing in Chapter 9. It is intended that the text in Chapter 9 denoted by the asterisks and set forth in this Ordinance shall remain unchanged from the language existing prior to adoption of this ordinance): CHAPTER 9 LAND DEVELOPMENT *** ARTICLE VIII. IMPACT FEES *** Sec. 9-391.1. Levy and purpose. For the purpose of helping to defray the cost of new or expanded police, fire, public building and parks and recreation facilities and equipment attributable to new construction within the city limits, impact fees are hereby levied on new construction within the city limits in accordance with the provisions of section 9-391.5, payment of fees, and other provisions of this division. This division is intended to be consistent with the principles for allocating a fair shaze of the cost of new public facilities to new users as established by the Florida Supreme Court. In support of, and as legal justification for, the impact fees adopted under this division, the city commission hereby adopts by reference the reports prepared by Land Design Innovations, Inc. entitled, "Ciry of Winter Springs Impact Fee Analysis Report for Police, Fire/Rescue and Parks & Recreation," dated November 2002 and "City of Winter Springs Public Buildings Impact Fee Analysis Report," dated August 2003.-, as amended by Impact Fee Analysis Report for Fire, Police, Public Building & Parks and Recreation August 2008, prepazed by Land Design Innovations, Inc. City of Winter Springs Ordinance No. 2009-12 Page 2 of 6 *=~* Sec. 9-391.5. Payment of fees. *** (c) Amount of fee. The following impact fees are hereby adopted: (1) Fire: **:x (ii) Non-residential: $1.300 per square foot. However, for non-residential development a credit shall be deducted from the calculated base fire impact fee to offset payments which new development will incur (in the form of personal service taxes and franchise fees) to retire outstanding City of Winter Springs bonds which were used to finance past fire capital improvements as follows: Impact Fee Payment Year Total Credit Due 2663 2008 X88 1.90 2664- 2009 39:8 39.94 2965 2010 3$:64 37.83 2666 2011 3~ $35.94 266 2012 35:134 35.57 2013 30.58 (2) Police: **~: (ii) Non-residential: $0.492 per square foot. However, a credit shall be deducted from the calculated base police impact fee to City of Winter Springs Ordinance No.2009-12 Page 3 of 6 offset payments which new development will incur (in the form of personal service taxes and franchise fees) to retire outstanding City of Winter Springs bonds which were used to finance past police capital improvements as follows: Impact Fee Payment Year Total Credit Due 2963 2008 $6:98 190.69 29A~ 2009 ~~ 178.61 2995 2010 ~2 165.68 2996 2011 ~9 151.85 28A~ 2012 ~k8-95 137.05 2013 121.21 (3) Parks and recreation: (i) Residential: *** Impact Fee Payment Year Impact Fee Due 2663 2008 $9i-~:53 1200.00 299- 2009 928:66 1 200.00 29A5 2010 1,200.00 2686 2011 1,200.00 269 2012 1,200.00 2013 1.200.00 Note: Fee includes credit which new development will incur to retire outstanding bonds which were used to finance past parks and recreation capital improvements and to retire the Winter Springs General Obligation Bond, Series 2002. (ii) Non-residential: None City of Winter Springs Ordinance No. 2009-12 Page 4 of 6 (4) Fire, police and public building credits have been determined through 2~~ 2013. A reassessment of the impact fees and credits shall be provided prior to z~`9B'~ 2013 and codified in the City Code. (5) Public buildings: (i) Residential: $400.00 per dwelling unit. (ii) Non-residential: 925.00 per 1,000 square feet. *** However, a credit shall be deducted from the calculated base public building impact fee to offset pavments which new development will incur (in the form of personal service taxes and franchise fees) to retire outstanding City of Winter Springs bonds which were used to finance east public building capital improvements as follows: Impact Fee Payment Year Total Credit Due 2008 179.53 2009 175.87 2010 171.95 2011 167.76 2012 163.27 2013 158.47 *~~: Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent ordinances and resolutions adopted by the City Commission, or parts of prior ordinances and resolutions in conflict herewith, are hereby repealed to the extent of the conflict. Section 4. Incorporation Into Code. This Ordinance shall be incorporated into the Winter Springs City Code and any section or paragraph, number or letter, and any heading may be changed or modified as necessary to effectuate the foregoing. Grammatical, typographical, and like errors may be corrected and additions, alterations, and omissions, not affecting the construction or City of Winter Springs Ordinance No. 2009-12 Page 5 of 6 meaning of this Ordinance and the City Code maybe freely made. Section 5. Severability. ff any section, subsection, sentence, clause, phrase, word or provision of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, whether for substantive, procedural, or any other reason, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions of this ordinance. Section 6. Effective Date. This Ordinance shall become effective immediately upon adoption by the City Commission of the City of Winter Springs, Florida, and pursuant to the Ciry Charter. ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular meeting assembled on the day of , 2009. JOHN F. BUSH, Mayor ATTEST: ANDREA LORENZO-LUACES City Clerk APPROVED A5 TO LEGAL FORM AND SUFFICIENCY FOR THE CITY OF WINTER SPRINGS ONLY. ANTHONY A. GARGANESE City Attorney First Reading: Second Reading: Effective Date: City of Winter Springs Ordinance No. 2009-12 Page 6 of 6