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HomeMy WebLinkAbout2003 03 10 Public Hearings C First Reading - Ordinance 2003-04 Impact Fees Date: 032403 The following Document was Postponed from March 10, 2003 as Public Hearing Agenda Item "C" at the 03/10/03 City Commission Meeting. It was brought back to the 03/24/03 City Commission, but as Public Hearing Agenda Item "B" . >~ -:J.;-'r .1 ,. I~ ., . . ~' .'';' 031003 Commission Meeting Public Hearing "Cn lmpact Fees COMMISSION AGENDA ITEM C Consent Informational Public Hearing X Regular March 10, 2003 Meeting M,fJ2Jt\ / Dept. Authohzation REQUEST: City Manager requesting the City Commission to approve the First Reading of Ordinance No. 2003-04, repealing certain sections of Chapter nine (9) of the City Code related to impact fees, amending Police and Fire impact fees, and establishing a new Parks impact fee. Note: The Ordinance will be available from the city Attorney Thursday March 6, 2003. PURPOSE: This Agenda Item is needed to implement revised Police and Fire Impact Fees and to establish a new Parks impact fee to pay for expanded facilities and equipment. CONSIDERATIONS: On February 24, 2003 the City Commission directed staff to proceed with preparation of an impact fee ordinance and for the City Attorney to provide the Commission with an opinion on the use of residential fees based upon square footage. The attorney will give his opinion at the Commission Meeting. FUNDING: Not Applicable. RECOMMENDATIONS: It is recommended that the Commission approve the First Reading of Ordinance No. 2003-04 amending the City's current impact fee and establishing a new Parks impact fee. ATTACHMENTS: 1. February 24, 2003 Agenda Item. 2. Ordinance Number 2003-04 COMMISSION ACTION: ,: " ,. COMMISSION AGENDA ITEM C Consent Informational Public Hearing Regular X February 24,2003 Meeting Mgr. / Dept. Authorization REQUEST: City Manager requesting the City Commission to approve Fire Rescue, Police and Parks Impact Fees as provided in the November 2002 Impact Fee Analysis Report , prepared by Land Design Innovations, Inc. and to direct the City Attorney to prepare implementing ordinances. PURPOSE: This agenda item is needed to establish revised fire rescue and police impact fees, and to implement a new parks impact fee. CONSIDERATIONS: The City retained LDI to perform an analysis of fire rescue and police impact fees to determine if new rates were needed to fund anticipated improvements and to prepare a new parks impact fee to fund improvements. On January 13,2003 the City Manager placed the results of the study on the information agenda Item "B" so that the Commission could be reviewing the report prior to agending the report for Commission action. As stated, the purpose of this ordinance is to have the Commission approve the new rates for fire rescue and police impact fees and to establish a new parks impact fee as follows. METHODOLOGY The methodology utilized for the calculation of fees includes two main elements as follows: 1). Unadjusted Rate projecting historical expenditures through buildout (Attachment #2) 2). Adjusted rate modifying the historical rate to anticipated improvements (Attachment #3) L ~. ~ Regular Agenda Item C February 24,2003 Page 2 Below is a table of current rates, rates proposed by the study, and staff recommended rates. Fees are noted in either pu (per unit) or psf (per square foot). Current Proposed Staff Recommended FirelRescue Residential $103.63 pu $0.086 psf $0.086 psf FirelRescue Non-Residential $0.28 psf $0.948 psf $0.35 psf Police Residential $215.83 pu $0.113 psf $0.113 psf Police Non-Residential $0.41 psf $1. 777 psf $0.30 psf Parks Residential $300.00 pu $0.834 psf $0.834 psf Parks Non-Residential $0 $0 $0 FISCAL IMPACT: The new (recommended) impact fees is estimated to generate the following revenue through build out: FirelRescue Police Parks $4,376,072 $3,568,891 $1,514,502 RECOMMENDATIONS: It is recommended that the Commission approve fire rescue, police and parks impact fees proposed herein and direct the City Attorney to prepare implementing ordinances for Commission approval. ATTACHMENTS: #1. Impact Fee Analysis Report without appendices #2. Unadjusted Rate Schedule Revenue Projections #3. Adjusted Rate Schedule Revenue Projections COMMISSION ACTION: 1" ," Attachment No.1 CITY OF WINTER SPRINGS IMPACT FEE ANALYSIS REPORT FOR POLICE, FIRE/RESCUE AND PARKS & RECREATION NOVEMBER 2002 Prepared For: City of Winter Springs Community Development Department 1126 East State Road 434 Winter Springs, Florida 32708-2799 Prepared By: Land Design Innovations, Inc. 140 North Orlando Avenue, Suite 295 WINTER PARK, FLORIDA 32789 j 1 ~ City of Winter Springs IMP ACT FEE REPORT TABLE OF CONTENTS A INTRODUCTION................ I. .... ........... I............ ......................................................... ...... 1 B. RE'VIE W OF CURRENT ME THODOLCX;Y .................................................................. 1 C. FIRE IRE SCUE SE R'VI CE S............ ....................................................................... ............ 1 1. Level of Service Standaro............................................................................................... 1 2. C.a.pit:al.Asset Inventory (CAI) ....................................................................................... 1 3. Service Requirements per Land Use .............................................................................2 a. Percent Residential <:aIls (R.q .....................................................................................................2 b. Percentage of Non- residential <:aIls (Nq ................................................................................. 3 4. Apportioning Costs to New Development .................................................................... 3 a. Residential Square Footage (RSF) ......................................... ................................... ................... 3 b. Non-Residential Square Footage (NSF) ....................................................................................3 5. Fire/ Rescue Impac t Fee C.a.lculation ............ .................. .................... ......................;...3 a. Residential ................................... ......................................................................................... .......... 3 b. Non- Residential........................ ..................................................................................... ................ 3 6. Detem1ination of Appropriate Credits ...........................................................................4 D. POLICE/LAW ENFORCEMENT SER'VICES ................................................................ 4 1. Level of Service Standaro...............................................................................................4 2. C.a.pital.Asset Inventol)' (CAI) .......................................................................................5 3. Service Requirements per Land Use .............................................................................5 a. Percent Residential <:aIls (R.q ............................... ............................. ............. ............................ 6 b. Percentage of Non- residential Calls (Nq .................................................................................6 4. Apportiorung Costs to New Development ....................................................................6 a. Residential Square Footage (RSF) ................................................................... ............................ 6 ~ City of Winter Springs IMP ACT FEE REPORT b. Non-Residential Square Footage (NSF) ....................................................................................6 5. Police Impact Fee Calculation ......................................................................................6 a. Residential......................................... ............................................................................................. 7 b. Non- Residential...................... ..................................................................... .................................. 7 6. Det:ermination of Appropriate Credits ...........................................................................7 E. P.AR.KS & RECR.EATION ..................................................................................................7 1. Level of Service Sta.ndaro...............................................................................................7 2. (:a,pital Asset Inventory (CAI) .......................................................................................8 3. Service Requirements per Land Use ............................................................................ 10 4. .Appottioning Costs to New Development .................................................................. 10 5. Parks and Recreation Impact Fee {:a,lculation............................................................ 10 a. Residential.............. ............. ................. ........................................................................ ................ 10 6. Determination of Appropriate Credits ......................................................................... 10 F. DETERMINATION OF APPROPRIATE CR.EDITS ....................................................11 1. Fire / Re s cue Credit........ ....... .......... ...................... .................. ........................ ... ....... .... 11 a. OP financed through bonds: ....................................................................................................11 b. Percentage of Bond....................................... ........... ........................... ..................... ................... 12 c. Amount Applied to Retire Fire OP Portion of Bond........................................................... 12 d. Present Day Oedit ............ ................ ................. ....................................................... .................. 12 2. Police Credit................................................................. ................................................ U a. OP financed through bonds: ....................................................................................................12 b. Percentage of Bond............... .......... .......... ....,.. ................................................ .......... .................. 13 c. Amount Applied to Retire Police OP Portion of Bond......:................................................ 13 d. Present Day Oedit ........................... ............................................................................. .............. 13 i~ City of Winter Springs IMPACT FEE REPORT 3. Parks and Recreation Credit........................................................................................ 13 a. OP financed through bonds: ................. ........................................................................... ........13 b. Percentage of Bond.... ................................................................................................................. 13 c. Amount Applied to Retire Park OP Portion of Bond.......................................................... 13 d. Present Day Oedit ...................... ..........................:... ................. ....... ..................... ..................... 13 G. IMP ACf' FEE S'UMM.AR.Y ............................................................................................... 14 1. Fire IRes cue Impact Fee :............ ............... ........................... ....................................... 14 2. Police/Law Enforcement Impact Fee:........................................................................ 15 3. Paoo and Recreation Impact Fee: .............................................................................. 15 H. APPENDIX" N' .................................................. ERROR! BOOKMARK NOT DEFINED. 1. Fire/Rescue Data ............................................................... Error! Bookmark not defined,. 2. Police/Law Enforcement Data .......................................... Error! Bookmark not defined. 3. Paoo and Recreation Data ................................................. Error! Bookmark not defined. 4. Table 1- Present Day Value Factor ................................... Error! Bookmark not defined. 5. Neighborhood Park Districts Map ..................................... Error! Bookmark not defined. i INTRODUCTION Impact fees are used my municipal governments to recoup capital expenses necessary to maintain adopted levels of service associated with new growth. These identifiable capital costs are assigned directly to those residents or service users responsible for the additional cost to help offset capital funding deficiencies and to ensure equity amongst all users, existing and new. The purpose of this report is to determine impact fee amounts for Police, Fire/Rescue and Parks and Recreation related public facilities for use by the City of Winter Springs in accessing a proportionate cost impact fee to new development for these services. The report provides an evaluation of the current impact fee methodology used by the City of Winter Springs for Police and Fire/Rescue services, as well as, 'providing an updated calculation of the impact fee amount for these services. In addition, this report defines the methodology to be used and the calculation of the impact fee for Parks and Recreation public facilities. Determination of an impact fee amount involves the establishment of facility standards and current deficiencies, inventory and assessment of existing facilities, apportioning of costs to new developments, determination of appropriate credits, and the incorporation of time-price differentials. These elements are defined in the following report for each of the three public services listed above. Review of Current methodology Review of the current methodology used by the Gty of Wmter Springs for the detennination of Fire/Rescue and Police impact fees indicates that the previous methods used for calculation of these impact fees was valid. The current methodology is a "standard driven" approach where the theoretical proportionate share is based upon historical investments made to support the current levels of seIVice. As such, the previous methodology was maintained in the calculation of the updated impact fees for Fire/Rescue and Police seIVices. However, the methodology was revised slightly for residential developments to produce an impact fee based upon building square-footages as opposed to a flat fee for each residential unit, as was previously used. Fire/rescue services Level of Service Standard The Gty of Wmter Springs Fire Department defines the level of service provided to the citizens of the Gty in terms of average response time. G.mently, the Fire Department criteria for an average response time consists of one (1) minute for call processing, one (1) minute for vehicle turnout time, and four (4) minutes for the arrival of the first fire unit for ninety percent (90%) of all incident calls. Additionally, all units responding to a call are required to arrive within eight (8) minutes from vehicle turnout. The Department has concluded that this current level of seIVice is adequate for future service and will therefore be maintained as the basis for detennination of Fire/Rescue impact fees. Capital Asset Inventory (CAI) In order to determine a fair impact fee amount, it is necessary to determine the present day value of the public facilities required to provide the currently adopted level of service. Determination of the present day value of existing facilities incorporates a time-price differential into the calculations by assigning a replacement value equal to the cost of replacing a facility today rather than the cost of the facility at the time of its construction/purchase. The data used in determining the present day value of the capital ) \ facilities comprising the Winter Springs Fire/Rescue services were provided through the City of Winter Springs Fire Department and through the Limited Appraisal - Restricted Report prepared by Clayton, Roper and Marshall dated July 31, 2002. Copies of the data and report used in the preparation of this analysis are contained within Appendix "A". The City of Winter Springs owns and operates two fire stations located at 102 North Moss Road (Station 24) and at 850 Northern Way (Station 26). The land for a third station, approximately 1.5 acres, has also been acquired. In addition to the two stations, the City of Winter Springs Fire Department owns, operates and maintains fourteen (14) vehicles consisting of eight (8) cars/SUV's, three (3) fire engines, and three (3) rescue vehicles. Beyond the direct costs for equipment and facilities, the land values and fair market value of existing structures and improvements are included as capital expenditures associated with the provision of Fire/Rescue service. Based upon the information provided and documented in Appendix "A", the current replacement values for capital expenditures associated with the provision of Fire/Rescue service at the ado ted/current level of service is indicated in the followin table. I- 1 Land Value - Station 24 Land Value - Station 26 Land Value - Future Fire Station Station 24 Facilities & E ui ment Station 26 Facilities & E ui ment Facilities Desi n Fees estimated Fire/Rescue Vehicles $110,000 $61,000 $150,000 $675,655 $434,197 $40,000 $1,745,000 I ,Totals, $3,215,852.00 1 - Land values as indicated in the Limited Appraisal- Restricted Report prepared by Clayton, Roper & Marshall. 2 - Facility buildings and contents values as provided by Coregis audit, 2000. 3 - Facilities design fees estimated by Land Design Innovations, Inc. 4 - Fire/Rescue vehicle values as provided by City of Winter Springs Fire Department. Therefore, the total Capital Asset Inventory (CAI) is equal to $3,215,852.00 for Fire/Rescue service. Supporting documentation for the values listed above is contained in Appendix " A" . Service Requirements per Land Use In order to apportion an equal and fair share of the costs for the capital improvements necessary to provide the adopted level of service, the percentage of the Fire/Rescue public service required to support residential and non- residential land uses is required. These percentages are then applied to apportion a fair share of the capital improvement costs to new development for each type of land use. Incident call report sununaries provided by the Gty of Wmter Springs Fire Department were used in the determination of the land use call percentages. In reviewing the incident call summaries, it is noted that there were a total of 3,210 calls for the period of 1/1/01 to 12/31/01. Of these calls, 756 were not attributable to definite land uses but rather to traffic calls, assistance calls from other jurisdictions, open land, etc. These calls were eliminated from the call sample data such that only calls attributable to residential or non-residential land use were counted. The result was 2,454 calls attributable to residential or non- residential land uses within the Gty. Copies of the supporting data are included in Appendix <<A" of this report. Percent Residential Calls (RC) Based upon the call records provided in the Incident Summary Report for 1/1/01-12/31/01, it has been determined that there were a total 'of 1,884 fixed residential property calls. These calls il represent approximately 77% of the total fixed property calls reported to the City of Winter Springs Fire Department. Percentage of Non-residential Calls (NC) Based upon the call records provided in the Incident Summary Report for 1/ 1/0 1-12/31/0 1, it has been determined that there were a total of 570 fixed non-residential property calls. These calls represent approximately 23% of the total fixed property calls reported to the City of Winter Springs Fire Department. Apportioning Costs to New Development The methodology previously used by the Gty of Wmter Springs in determining an impact fee for Fire/Rescue public services was based upon an Equivalent Residential Unit. This methodology was revised to base the impact fee analysis on a building square-footage basis for both residential and non-residential land uses. This method of apportioning costs provides for a more equitable distribution of the impact fee amount. The detennination of the total building square-footage for residential and non-residential land uses was prepared using the Seminole County Property Appraiser's GIS Database. Residential Square Footage (RSF) The total building square-footage for residential land uses within the City of Winter Springs was determined through the Seminole County Property Appraiser's GIS Database. The total quantity of residential square-footage (RSF) was determined to be 28,721,992 square-feet as of January 2002. Non-Residential Square Footage (NSF) The total building square footage for non-residential land uses within the City of Winter Springs was determined through the Seminole County Property Appraiser's Parcel GIS Database. The total quantity of non-residential square-footage (NSF) was determined to be 779,841 square-feet as of January 2002. Fire/Rescue Impact Fee Calculation The required impact fee assessment for Fire/Rescue services is based upon the total costs of the capital facilities and equipment costs required to provide the adopted level of service. The impact fee was designed to address the proposed land use and size of development proposed. As such, the fire/rescue public safety facilities impact fee to be paid prior to or in conjunction with the issuance of a building permit shall be levied based upon the following formula and in the following amounts: Residential (CAI x RC)/RSF=Cost per residential square-foot ($3,215,852 x 0.77)/28,721,992 = $0.086 per residential square-foot Non-Residential (CAI x NC)/NSF=Cost per non-residential square-foot ,- ($3,215,852 x 0.23)/779,841 = $0.948 per non-residential square-foot Legend: CAI = Capital Asset Inventory RC = Percent Residential Calls NC = Percentage on Non-Residential Calls RSF = Total Square-Footage of Residential Buildings NSF = Total Square Footage of Non-Residential Buildings Determination of Appropriate Credits According to the records of the City of Wmter Springs finance department, a total of $473,694.00 of bond money was used to finance capital improvements for the fire department. As new development will be required to pay impact fees for capital improvements to offset service demand created by their development and to also assist in retiring these bonds for past capital improvements, a credit is due. The following table details the credit due. A detailed description of the calculation of this credit is contained in Section F of this report. Year of Impact Fee Total Credit Due Paymept I 2003 $41.00 2004 $39.87 2005 $38.64 2006 $37.34 2007 $35.94 Additionally, it should be noted that Sec. 7.54 of Wmter Springs Code of Ordinance provides for a reduction for sprinkled buildings. 1his reduction is 100% of the fire impact fee for sprinkled residential buildings and a 5% reduction of the fire impact fee for sprinkled commercial buildings. Police/Law Enforcement services Level of Service Standard The City of Winter Springs Police Department currently defines the level of service provided to the citizens of the City in terms of the number of officers versus the population served and in terms of average response time. The determination of Police impact fees will be based upon the average response time/number of incident calls. The national recommendation for number of officers to population served is 2.1 officers per 1000 capita. The City of Winter Springs currently maintains 1.7 officers per 1000 capita. In terms of response time, the Police Department maintains an average response time of three and one half (3.5) minutes for emergency calls and five (5) minutes for non- d" emergency calls. The Department has concluded that this current level of service is adequate for future service and will therefore be maintained as the basis for determination of Police impact fees. Capital Asset Inventory (CAI) In order to determine a fair impact fee amount, it is necessary to determine the present day value of the public facilities required to provide the currently adopted level of service. Determination of the present day value of existing facilities incorporates a time-price differential into the calculations by assigning a replacement value equal to the cost of replacing a facility today rather than the cost of the facility at the time of its construction/purchase. The data used in determining the present day value of the capital facilities comprising the Winter Springs Police services were provided through,the City of Winter Springs Police Department and through the Limited Appraisal - Restricted Report prepared by Clayton, Roper and Marshall dated July 31, 2002. Copies of the data and report used in the preparation of tll1is analysis are contained within Appendix "A". The City of Winter Springs operates one police station servicing the entire City which is located at 300 North Moss Road. In addition to the single police station, the City of Winter Springs Police Department owns, operates and maintains fIfty-eight (58) marked police vehicles and one (1) command post vehicle. Beyond the direct costs for equipment and facilities, the land values and fair market value of existing structures and improvements . are included as capital expenditures associated with the provision of Police service to the citizens of Winter Springs. Based upon the information provided and documented in Appendix "A", the current replacement values for capital expenditures associated with the provision of Police service at the ado ted/current level of service is indicated in the followin table. . . Land Value Police De artment Police Department Facilities & E ui ment 2 Police Vehicles Facilities Desi n Fees $1,803,271 $40,000 II . 1 - Land values as indicated in the Limited Appraisal- Restricted Report prepared by Clayton, Roper & Marshall. 2 - Facility buildings and contents values as provided by Coregis audit, 2000. 3 - Police vehicle values as provided by City of Winter Springs Police Department. 4 - Facilities design fees estimated by Land Design Innovations, Inc. Therefore, the total Capital Asset Inventory (CAI) is equal to $4,618,271.00 for Police service. Supporting documentation for the values listed above is contained in Appendix "A". Service Requirements per Land Use In order to apportion an equal and fair share of the costs for the capital improvements necessary to provide the adopted level of service, the percentage of the Police public service required to support residential and non-residential land uses is required. These percentages are then applied to apportion a fair share of the capital improvement costs to new development for each type of land use. Incident call report summaries provided by the City of Winter Springs Police Department were used in the determination of the land use call percentages. In reviewing the incident call summaries, it is noted that there were a total of 30,457 calls for the period of 1/1/01 to 12/31/01. Of these calls, 13,785 were not attributable to defInite land uses but rather to traffIc citation, traffIc calls, written c\ warnings, etc. These calls were eliminated from the call sample data such that only calls attributable to residential or non-residential land use were counted. The result was 16,672 calls attributable to residential or non-residential land uses within the City. Copies of the supporting data are included in Appendix "A" of this report. Percent Residential Calls (RC) Based upon the call records provided in the Winter Springs Police Department Calls for Service for 1/1/01-12/31/01, it was determined that there were a total of 11,710 fixed residential property calls. These calls represent approximately 70% of the total fixed property calls reported to the City of Winter Springs Police Department. Percentage of Non-residential Calls (NC) Based upon the call records provided in the Winter Springs Police Department Calls for Service for 1/1/01-12/31/01, it was determined that there were a total of 4,962 fixed non-residential property calls. These calls represent approximately 30% of the total fixed property calls reported to the City of Winter Springs Police Department. Apportioning Costs to New Development The methodology previously used by the City of Winter Springs in determining an impact fee for Police public services was based upon Equivalent Residential Unit comparisons. This methodology was revised to base the impact fee analysis on a building square-footage basis for both residential and non-residential land uses. This method of apportioning costs provides for a more equitable distribution of the impact fee amount. The determination of the total building square-footage for residential and non-residential land uses was prepared using the Seminole County Property Appraiser's GIS Database. Residential Square Footage (RSF) The total building square-footage for residential land uses (RSF) within the City of Winter Springs was determined through the Seminole County Property Appraiser's GIS Database. The total quantity of residential land use building square-footage was determined to be 28,721,992 square-feet as of January 2002. Non-Residential Square Footage (NSF) The total building square-footage for non-residential land uses (NSF) within the City of Winter Springs was determined through the Seminole County Property Appraiser's Parcel GIS Database. The total quantity of non-residential land use building square-footage was determined to be 779,841 square-feet as of January 2002. Police Impact Fee Calculation The required impact fee assessment for Police services is based upon the total costs of the capital facilities and equipment costs required to provide the adopted level of service. The impact fee was design to address the proposed land use and size of development proposed. As such, the police public safety facilities impact fee to be paid prior to or in conjunction <.1 with the issuance of a building permit shall be levied based upon the following formula and in the following amounts: Residential (CAI x RC)/RSF=Cost per residential square-foot ($4,618,271 x 0.70)/28,721,992 = $0.113 per residential square-foot Non-Residential (CAI x NC)/NSF=Cost per non-residential square-foot ($4,618,271 x 0.30)/779,841 = $1.777 per non-residential square-foot Legend: CAI = Capital Asset Inventory RC = Percent Residential Calls NC = Percentage on Non-Residential Calls RSF = Total Square-Footage of Residential Buildings NSF = Total Square Footage of Non-Residential Buildings Determination of Appropriate Credits According to the records of the City of Wmter Springs finance department, a total of $2,304,797.00 of bond money was used to finance capital improvements for the police department. As new development will be required to pay impact fees for capital improvements to offset service demand created by their development and to also assist in retiring these bonds for past capital improvements, a credit is due. The table below details the credit due. A detailed description of the calculation of this credit is contained in Section F of this report. Year of Imp~ct Fee Total Credit Due Payme~t , 2003 $176.08 2004 $169.77 2005 $163.02 2006 $155.79 2007 $148.05 Parks & Recreation Level of Service Standard The City of Winter Springs Parks and Recreation Department currently defines the level of service provided to the citizens of the City in terms of the number of acres of parkland versus the population served. The City of Winter Springs adopted level of service is five (5) acres of parkland for every 1000 capita. Additional details on Parks and Recreation level of service standards are provided within the Winter Springs Comprehensive Plan. The Parks and Recreation Department currently exceeds this level of service and has concluded that d this level of service is adequate for future service and will therefore be maintained. There are currently no overall parkland deficiencies within the City. Capital Asset Inventory (CAI) In order to determine a fair impact fee amount, it is necesscuy to determine the present day value of the public facilities required to provide the currently adopted level of service. The data used in detennining the present day value of the capital facilities comprising the Wmter Springs Parks and Recreation facilities were provided through the Gty of Wmter Springs Parks and Recreation Department. cnpies of the data provided are contained within Appendix" A" . The Gty of Wmter Springs owns, operates and maintains eleven (11) park related facilities 'Yithin the Gty limits. These facilities provide both passive and active recreational uses. In addition to the direct facilities costs, the cost for land acquisition was also included as a capital expenditures associated with the provisions of parks and recreational facilities. Based upon the infonnation provided by the Gty of Wmter Springs Parks and Recreation Department and through the L imita1. Appraisal - Restrictfrl Report prepared by Cayton, Roper and Marshall dated July 31, 2002, the current replacement values for capital expenditures associated with the provision of parks and recreational services at the adopted/current level of service is indicated in the following table. 1 - Land values as indicated in the Limited Appraisal- Restricted Report prepared by Clayton, Roper & Marshall. 2 - Parks construction cost as indicated on M.H. Williams Construction Co. cost schedule provided by the City of Winter Springs. 3 - Additional improvements as indicated on Starmer Rinaldi Planning & Arch. Budget Pricing, dated 4/22/99. 4 - Values represent costs provided by City of Winter Springs and estimated costs as provided by LDI, see Appendix "A" - Additional Parks Facilities and Structures Cost Summary. Park Facility Land Value) Constructio Additional Equipment & Total Cost n Cost! Imp.3 Strucutres4 Torcaso Park $487,200.00 $443,093.43 $24,271.00 $119,105.00 $1,073,669.43 Trotwood Park $2,720,000.00 $825,284.35 $66,065.50 $212,000.00 $3,823,349.85 Central Winds Park $8,500,000.00 $232,614.00 n/a $1,363,825.00 $10,096,439.00 Sunshine Park $1,000,000.00 $433,947.72 $34,539.00 $669,205.00 $2,137,691.72 Winding Hollow Park $3,827,200.00 $110,885.00 $36,970.00 n/a $3,975,055.00 Sam Smith Park $1,088,880.00 $256,575.22 $57,221.50 n/a $1,402,676.72 Moss Park $250,000.00 $341,885.64 $67,555.00 n/a $659,440.64 Oak Hollow Park $100,800.00 n/a $47,716.00 n/a $148,516.00 Bear Creek Nature Trail $244,800.00 n/a nla $6,500.00 $251,300.00 Ranchlands Park $292,864.00 n/a n/a $22,600.00 $315,464.00 Fruitwood Park $50,000.00 n/a n/a $20,600.00 $70,600.00 Total $23,954,202.36 (' Service Requirements per Land Use Parks and recreational facilities typically service residential land uses only. Non- residential land uses are not anticipated to place additional demand on park facilities. As such, the capital improvement costs associated with the provision of parks and recreational services is attributable solely to residential land uses. Consequently, impact fees for the provision of parks and recreational facilities is born by residential development only. Apportioning Costs to New Development The methodology used in preparing the parks impact fee analysis apportioned costs to residential land uses on a square-foot basis. In addition to apportioning costs to residential development, it is necessary to track the source of the park impact fees paid. Tracking the parks impact fee is necessary due to the nature of the parks related improvements. The parks system consists of community and neighborhood parks. While the community parks serve the entire Winter Springs community, neighborhood parks are project specific and serve only a localized area. As such, impact fees spent on community parks can be spent throughout the City while impact fees spent on neighborhood parks must be spent within the vicinity of the development which paid the impact fee. To track this matter, the City has been divided into four quadrants, see Figure 1. The dividing lines for the quadrants are State Road 434 and Tuscawilla Road. These dividing lines were chosen because they represent natural divisions from a neighborhood park perspective. Neighborhood parks are designed to service a localized area and as such much of the use is from children which travel to the parks via bicycle, walking, etc. Major thoroughfares such as S.R. 434 and Tuscawilla Road present natural boundaries for children and thus were used to define the four districts. Impact fees from new development spent on neighborhood parks must therefore be spent within the district where the new development is located. The tracking of which District the Park impact fee originated from is therefore critical. Parks and Recreation Impact Fee Calculation The required impact fee assessment for Parks and Recreation services is based upon the total costs of the capital facilities and equipment costs required to provide the adopted level of service. The impact fee was determined to address the proposed land use and size of development proposed. As such, the Parks and Recreation impact fee to be paid prior to or in conjunction with the issuance of a building permit shall be levied based upon the following formula and in the following amounts: Residential CAIIRSF=Cost per residential square-foot 23,954,202.36/28,721,992 = $0.834 per residential square-foot Legend: CAI = Capital Asset Inventory RSF = Total Square-Footage of Residential Buildings Determination of Appropriate Credits According to the records of the Gty of Wmter Springs finance department, a total of $9,101,321.00 of bond money was used to finance capital improvements for the parks and recreation department. As new development will be required to pay impact fees for capital improvements to offset service demand created by their development and to also assist in retiring these bonds for past capital improvements, a credit is due. The table below details the credit due. A detailed description of the calculation of this credit is contained in Section F of this report. " Year of Irrtpact' Fee Total Credit Due Paynient I 2003 $639.13 2004 $630.55 2005 $621.37 2006 $611.54 2007 $601.03 In addition to the credit indicated in the table above, the Gty will be required to calculate the appropriate credit associated with the assessed millage rate for payment of the '02 bond. See Section F(3) for additional details. Determination of appropriate credits According to the records of the Gty of Wmter Springs finance department, a total of $21,338,970.00 in bonds has been issued by the Gty. Portions of these bonds were devoted to capital improvement projects for the provision of police, firel rescue, and parks and recreations services. A breakdown of the bond amounts and other bond related information is detailed in the table below: PST/FF: Public Service Taxes/Franchise Fees VDS: Voter Debt Service (0.25 millage rate applied to propenyvalue) 'Records from the Gty of Wmter Springs indicate that the average assessed PST IFF per customer has increased every year from 1997 to 2001 with a maximum average assessment of $309.00 per customer in 2001. The percentage of the PST/FF assessment devoted to retiring the '93 and '99 bonds is 50% or $151.50. The remaining 50% of these fees is allocated to the City's general fund. Half of the $151.50 ($75.75) from PST/FF is split and devoted to retiring the '93 and '99 bonds. The following calculations describe the dollar amount of the PST/FF devoted to retiring that portion of each bond related to capital improvement projects. Bond Bond Maturity Paid By Amount Date ; '93 Bond $9,365,000 2018 PST/FF '99 Bond $7,998,970 2029 PST/FF '02 Bond $3,400,000 2032 VDS Fire/Rescue Credit CIP financed through bonds: Of the entire bond amounts, only a portion was devoted to financing capital improvement projects related to Fire/Rescue facilities. The amounts below identify the dollar amount from each bond devoted to Fire/Rescue capital projects. Appendix "A" contains the supporting documentation for these amounts. '93 bond $343,569.00 '99 bond $130,125.00 Total: $473.694.00 Ii Percentage of Bond Percentage of '93 bond: Percentage of '99 bond: $343,569/$9,365,000 = $130,125/$7,998,970 = 3.67% 1.63% Amount Applied to Retire Fire CIP Portion of Bond '93 Bond: $75.75 x 3.67% '99 Bond: $75.75 x 1.63% = $2.78 $1.23 = Present Day Credit The dollar amount determined in section (c) above is collected over the life of the bond. Therefore, the sum of these payments represents the credit due toward the payment of impact fees. Payments received in the future have a lower dollar amount in the present. The difference between the future and present value is interest. Therefore, the present value of a series of payments over a number of years must be calculated to determine the actual credit to the impact fee. For the purposes of calculating the present day value, an interest rate of 7% is assumed. The following two tables identify the credits due for impact fee payments between 2003 and 2007 to offset the fees assessed to retire the '93 and '99 bonds. I 1993 BOND Beginning Payment Year I :Present Day Factor Total Credit 2003 9.44665 $26.26 2004 9.10791 $25.32 2005 8.74547 $24.31 2006 8.35765 $23.23 2007 7.94269 $22.08 * Credits have been determined through 2007. A reassessment ofthe impact fee should be provided prior to 2007. 1999 BOND Beginning Payment Year I Present Day Factor Total Credit 2003 11.98671 $14.74 2004 11.82578 $14.55 2005 11.65358 $14.33 2006 11.46933 $14.11 2007 11.27219 $13.86 * Credits have been determined through 2007. A reassessment ofthe impact fee should be provided prior to 2007. Police Credit CIP financed through bonds: Of the entire bond amounts, only a portion was devoted to financing capital improvement projects related to Police facilities. The amounts below identify the dollar amount from each bond devoted to Police capital projects. Appendix "A" contains the supporting documentation for these amounts. '93 bond $2,304,797.00 Total: $2.304.797.00 Percentage of Bond Percentage of '93 bond: $2,304,797/$9,365,000 = 24.61 % Amount Applied to Retire Police CIP Portion of Bond '93 Bond: $75.75 x 24.61 % = $18.64 Present Day Credit The dollar amount determined in section (c) above is collected over the life of the bond. Therefore, the sum of these payments represents the credit due toward the payment of impact fees. Payments received in the future have a lower dollar amount in the present. The difference between the future and present value is interest. Therefore, the present value of a series of payments over a number of years must be calculated to determine the actual credit to the impact fee. For the purposes of calculating the present day value, an interest rate of 7% is assumed. The following are the credits due for impact fee payments between 2003 and 2007 to offset the fees assessed to retire the '93 bond. I 1993 BOND Beginning Payment Year I Present Day Factor Total Credit 2003 9.44665 $176.08 2004 9.10791 $169.77 2005 8.74547 $163.02 2006 8.35765 $155.79 2007 7.94269 $148.05 * Credits have been determined through 2007. A reassessment of the impact fee should be provided prior to 2007. Parks and Recreation Credit CIP financed through bonds: Of the entire bond amounts, only a portion was devoted to financing capital improvement projects related to Parks and Recreation facilities. The amounts below identify the dollar amount from each bond devoted to Parks and Recreation capital projects. Appendix "A" contains the supporting documentation for these amounts. '99 bond Total: $5,630,348.00 $5.630.348.00 Percentage of Bond Percentage of '99 bond: $5,630,348/$7,998,970 = 70.39% Amount Applied to Retire Park CIP Portion of Bond '99 Bond: $75.75 x 70.39% = $53.32 Present Day Credit The dollar amount determined in section (c) above is collected over the life of the bond. Therefore, the sum of these payments represents the credit due toward the payment of impact fees. Payments received c' in the future have a lower dollar amount in the present. The difference between the future and present value is interest. Therefore, the present value of a series of payments over a number of years must be calculated to determine the actual credit to the impact fee. For the purposes of calculating the present day value, an interest rate of 7% is assumed. The following are the credits due for impact fee payments between 2003 and 2007 to offset the fees assessed to retire the '99 bond. 1999 BOND Beginning Payment Year I Present Day Factor Total Credit 2003 11.98671 $639.13 2004 11.82578 $630.55 2005 11.65358 $621.37 2006 11.46933 $611.54 2007 11.27219 $601.03 * Credits have been determined through 2007. A reassessment of the impact fee should be provided prior to 2007. In addition to the '99 bond, 100% of the 2002 bond, an amount of $3,400,000, was entirely devoted to capital improvement projects for parks and recreation facilities. This bond is being retired through a 0.25 millage rate assessed on property values. As such, payments made over the life of the bond on an individual property value basis must be summed and modified to represent present day value and reimbursed as an additional credit to that listed in the table above. The present day value of the sum of payments over the life of the bond is equal to the dollar amount of the current annual payment multiplied by the appropriate Present Day Value Factor (see the table above or Table 1 in the Appendix). IMPACT FEE SUMMARY Based upon the data collected and the methodology employed, the recommended impact fee amounts for public services for the provision of fire/rescue, law enforcement, and parks and recreational facilities is as follows: Residential: Non-Residential: Fire/Rescue Impact Fee: $0.086 per residential square-foot $0.948 per non-residential square-foot The impact fees indicated above must be modified to account for the appropriate credit as previously calculated. A comparison of the current impact fees being assessed by the City of Winter Springs and the surrounding Cities are as follows (the City of Longwood has not been included as the basis of its impact fees is not consistent with that of Winter Springs and the surrou I City Residential Commercial , . Impact Fee * Impact Fee ** Winter S rin s $174.00 er DU Casselberr nJa Oviedo $205.00 er DU Lake Ma $175.00 er DU Sanford $59.27 er DU Altamonte S rin s $91.58 er DU Varies er use * Based upon an impact fee paid in 2003 and an average residential building square-footage of2,500. ** Impact fee credit is not included and should be applied. Police/Law Enforcement Impact Fee: Residential: $0.113 per residential square-foot Non-Residential: $1.777 per non-residential square-foot The impact fees indicated above must be modified to account for the appropriate credit as previously calculated. A comparison of the current impact fees being assessed by the City of Winter Springs and the surrounding Cities are as follows (the City of Longwood has not been included as the basis of its impact fees is not consistent with that of Winter Springs and the surrounding cities): City ! Residential Commercial : Impact Fee * Impact Fee ** Winter S rin s Casselber Oviedo Lake Ma Sanford $106.42 er DU nla $178.37 er DU $165.00 er DU $91.93 er DU -ft '" "'* Residential: Parks and Recreation Impact Fee: $0.834 per residential square-foot The impact fees indicated above must be modified to account for the appropriate credit as previously calculated. A comparison of the current impact fees being assessed by the City of Winter Springs and the surrounding Cities are as follows (the City of Longwood has not been included as the basis of its impact fees is not consistent with that of Winter Springs and the surrounding cities): Ci~y Residential Impact Fee * Winter S rin s $908.37 Casselber $395.00 Oviedo $397.00 Lake Mar $335.00 Sanford $279.61 Altamonte S rin s $311.21 er DU Based upon an impact fee paid in 2003 and an average residential building square-footage of2,500 and an average property value of$215,000. '" 2003 DEVELOPABLE LANDS - UNADJUSTED RATE SCHEDULE Max. Police .1n1p~ctfee $1,596 $66,672 $0 $0 $4,969,980 $3,351,847 $0 $0 $0 -:$8,39Q,096; c ':'~.LUM .. ~ ,fLUM:I;>~signati6,rl :.Mif'!:Dell~ity .: .,Acr~age" Min., Fire , Max. fire ;M~n. Pplice --"., - .' n ~ '..~" .. ,).c'_~~ -:..1"__;,; '(3t:'; ,Jtnp;;lct Fee,.;, 'Irn~Clct:F~~. JrnpactF~ ' ..- "';'.- ," .'. -, '.., .. - " Residential Rural 0 DU/Acre 1.0 DU/Acre 15 $0 $2,610 $0 Low Density Res. 1.1 DU/Acre 3.5 DU/Acre 179 $34,261 $109,011 $20,954 Medium Density Res 3.6 DU/Acre 9.0 DU/Acre 0 $0 $0 $0 High Density Res. 9.1 DU/Acre 21.0 DU/Acre 0 $0 $0 $0 Commerical (4) 0.25 FAR 0.5 FAR 129 $1,326,471 $2,658,231 $2,473,633 Industrial (4) 0.25 FAR 0.5 FAR 87 $894,597 $1,792,760 $1,668,264 Public/Semi-Public 0.25 FAR 0.5 FAR 0 $0 $0 $0 Recreation/Open Sp. 0 FAR 0.25 FAR 0 $0 $0 $0 Vacant N/A N/A 0 $0 $0 $0 Sub-Totals. <':410...... '$2,255,328 <$4,562;612 . $4,162,851 ' . ..,-" -'- . , ,', " _ _'_"', . ",.- '__ __ ,- '" ~_.."_._,,. __....____co.--v .,~-_..~_._".~.. Meditm: Impac.ri!~;;.'c:;Qil~~t~I!~ ...,:,~~ . <'IMPACTFEEAMQUNTSSASED..UPONMEDIA'N DENSITY BUILDOUT Min. Parks Imp~ct Fee $0 $178,858 $0 $0 $0 $0 $0 $0 $0 $178,656 Attachment No.2 Max. Parks lmpac~fee . $13,626 $569,094 $0 $0 $0 $0 $0 $0 $0 r$56Zi!1~~<,; -$380,l89, Fire Impact Fee: Residential: $0.086 per sq-ft Commercial: f '$0.9481 per sq-ft Residential: $0.113 per sq-ft Commercial: t $1:7171 per sq-ft Residential: $0.834 per sq-ft CREDITS $41.00 per DU 1) Residential credits based upon payment of impact fees in $41.00 per customer year 2003, with an average 2,500 square-foot house with a $176.08 per DU 2) Comercial credits based upon payment of impact fees in year $176.08 per customer 2003 with an average 1.0 acre parcel. $1,176.63 per DU 3) FLUM Acreage from the Comprehensive Plan . _. Median, R. e~. 'Media,n Comrn~ "FI,..UM Res. Fire Comm. 'Fire R_ ~s. Police Comm.Police Res. Parks, FLUM-OesignCition -, I;>~nsity , , ' Density- Acreage ,impact Fee' Irnpactfee Impact Fee (rnpi:1ct Fee Impact Fee Mixed Use 8 DU/Acre 0.8 FAR 85 $59,160 $1,402,283 $36,183 $2,624,325 $308,846 Town Center 12 DU/Acre 1.0 FAR 167 $196,893 $1,722,349 $75,030 $3,224,354 $738,529 Greeneway Int. 8 DU/Acre 0.8 FAR 179 $37,662 $4,429,566 $37,662 $8,289,779 $86,339 Sub-7:otals -431$293;n5:~- '$7,554';:1'99 ,"0$148,874$14,138:457 -, $1,133,714' , " ".." ...._ _'. ' ~ '," _ u... ...... _ .. ,'. _, . " Median"mpa_c,t;f~i~::<if)lJf!Q~q...;-;;i;~;.:;c;.;:;.;~~';;;~';;::;"':~':',.cc:;.~~t~.~;:-:~ 'Z';:':;='~J;;:;;;;-;$:7:;a4J7,",9.~~3~;:;.:-; . -, '~_ ~"';':i,::,,;=;$j,~,28Z,'3g2-;;:;-:';:;~,,:;-:: ~_:""':~:"";;-$;t-;j(3:3,:Z~.4.,~;J,.:.,.~ '$11~256;883""" "';$20,563,806- "$1,514,50~.:;Ci:. Police Impact Fee: Parks Impact Fee: ASSUMPTIONS: Mixed Use: 50% Residential/50% Commercial 2,500 sq. ft. average dwelling unit Town Center: 75% Residential/25% Comm Greenway: 2,000 sq. ft. average dwelling unit -, Comm~ Pai-ks , ltl1pactFee N/A N/A N/A 25% Residential/75% Comme 1,700 sq. ft. average dwelling 2003 DEVELOPABLE LANDS - ADJUSTED RATE SCHEDULE FLUM .Design~tioo "Min.-Density Residential Rural Low Density Res. Medium Density Res. High Density Res. Commerical (4) Industrial (4) Public/Semi-Public Recreation/Open Spa Vacant o 1.1 3.6 9.1 0.25 0.25 0.25 o DU/Acre DU/Acre DU/Acre DU/Acre FAR FAR FAR FAR N/A 'i\1;;lx.D'enslfy FLQM ~Acte" , MirioFire Impact' Fee Max. Fire Min. Poli~e Impact Fee . Impact fee Max. Police Impact Fee 1.0 DU/Acre 3.5 DU/Acre 9.0 DU/Acre 21.0 DU/Acre 0.5 FAR 0.5 FAR 0.5 FAR 0.25 FAR N/A $0 $2,610 $0 $1,596 $34,261 $109,011 $20,954 $66,672 $0 $0 $0 $0 $0 $0 $0 $0 $486,395 $978,078 $398,729 $820,172 $328,034 $659,634 $268,910 $553,139 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 '~$~~~,~~$;, .;'~$J,_"lL4~;9_~~;:..; ~..~,,$,~8~,~,93$$,1,441 ,~7~ Mediad.1i1JfjaCif,Fee:Co/Jected-~~},,~':'t $~' ;~9~;Q11[ ';"ji!!t'i;:;.,~r. ;)i!lTL:$::t,O~5, Q8.~~. .,._ " ... IMP A CT rEE,A,MOUNTSBASED. UPON MEDIAN -DENSITY BUILDOUT Mixed Use Town Center Greeneway Interchang 15 179 o o 129 87 o o o Attachment No.3 Min. Parks Max.Parks Impact Fee Impact Fee $0 $13,626 $178,858 $569,094 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 ':$1;78;858;' """'$5~~i71~" '$380 ;7:~9.'<~i:ii:;~~;~P;' . " . ~. ~ . . --Res. Fire. .,. " Comm MedianR~~. - ,Med.ian,(iornm. FLUM Gomrn.F'r~ Res. Police ...p...... '1.'.< .1......... ......' -D,e.. n.s."i.,....~',-_.... ,,'-' '.,'."."...[),e.,.n. :s.'..'i~,~' ..~,..'-A-" "Jmpact.' I ." . F r" 'F .....,..'... 0 Ice mpact ., .. _~7. _,,' ~7. ,--c~e. "-Fee",__mpa~~.$le,;,.!11pact, ee -'J,Fee iMediiiiiNrifpaclTFfittPColli!cted' Fire Impact Fee: Police Impact Fee: " Parks Impact Fee: ASSUMPTIONS: Mixed Use: 0.8 FAR 1.0 FAR 0.8 FAR Residential: $0.086 per sq-ft Commercial: l$O"3~ per sq-ft 85 $59,160 $516,622 167 $196,893 $634,809 179 $37,662 $1,631,916 " -..,A:"~.~:l"i'-:'F :~~,$6.~~ji~~5~ ..' i.$2.i78?i346,:' ;'~;L-"/:t~~$~'O' 7~"7.d:'6' "~', ':::,i . '0,> ':,O~,:., ' . :2.'~,~;, ,; ~,,::, ~ ,,-J;JJ,S!..._ ".:,.1:;", '_i"':l,~:.:;;~\~~,; :"':"1:"..,$4~a76j.072.. CREDITS $41.00 per DU $41.00 per customer , Co,n:wm~ Parks ' Impact Fee $36,183 $436,829 $308,846 $75,030 $538,238 $738,529 $37,662 $1,379,864 $86,339 '$148&7~ :\ ~~~~S4,933_'~i: ;$,t.~33:7t4,: "'$. 2, 503,''8. -()5-t?~i~': ::':'::':$-1}t33t1"~'" , . , .,:....., ;$3'~:5_68,_891, ~.$1 ,S1;4,:sQ2'--?]}:;-, 1) Residential credits based upon payment of impact fees in year 2003, with an average 2,500 square-foot house with a $215,000 value. 2) Comercial credits based upon payment of impact fees in year 2003 with an average 1.0 acre parcel. 3) FLUM Acreage from the Comprehensive Plan Residential: $0.113 per sq-ft $176.08 per DU Commercial: I $'0.301 per sq-ft $176.08 per customer Residential: $0.834 per sq-ft $1,176.63 per DU 50% Residential/50% Commercial 2,500 sq. ft. average dwelling unit Town Center 75% Resi./25% Comm. 2,000 sq. ft. average du Greenway: 25% Resi./75% Comm. 1,700 sq. ft. average dun i' Ronald W. McLemore City Manager TO: FROM: DATE: SUBJ: CITY OF WINTER SPRINGS, FLORIDA 1126 EAST STATE ROAD 434 WINTER SPRINGS, FLORIDA 32708-2799 Telephone (407) 327-1800 MEMORANDUM Mayor and Commission Ronald W. McLemore, City Manager I--- March 6, 2003 Impact Fee Ordinance Please find attached the Impact Fee Ordinance No. 2003-04 amendments to Public Hearing "C". /jp Attachment U:\Docs\Word\Memos\Memo 2003\Mar 03\Amendment to Ordinance 2003-04,doc DRAFT 3-5-03 ORDINANCE NO. 2003-04 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA, AMENDING THE CODE OF ORDINANCES CHAPTER 9, ARTICLE VIII, IMPACT FEES, BY REVISING POLICE AND FIRE IMPACT FEES AND ESTABLISHING IMPACT FEES FOR PARKS AND RECREATION; MAKING SEVERAL CONFORMING AMENDMENTS TO ELIMINATE REDUNDANT CODE SECTIONS; ADOPTING SEVERAL PROCEDURAL AMENDMENTS APPLICABLE TO THE PAYMENT OF IMPACT FEES; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; PROVIDING FOR INCORPORATION INTO THE CODE; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Connnission of the City ofWmter Springs, Florida, has previously found and determined it to be in the best interest of the safety, health, and welfure ofthe citizens of the City ofWmter 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 has commissioned an impact fee study and has retained Land Design Innovations, Inc. ("LDI") to complete the study and prepare a report on the adequacy of the City's current police, fire/rescue and parks and recreation impact fees; and WHEREAS, LDI has issued to the City an impact fee report entitled, "City of Winter Springs Impact Fee Analysis Report for Police, FirelRescue and Parks & Recreation," dated November 2002 ("Report"); and WHEREAS, the City Commission hereby finds that the Report legally justifies the continued imposition of revised police, :6re/rescue and parks and recreation impact fees pursuant to applicable law. See, e.g., Volusia County v. Aberdeen at Ormond Beach, 760 So. 2d 126 (Fla. 2000); Contractors and Builders Association of Pine lias Countyv. City of Dunedin, 329 So. 2d 314 (Fla. 1976); Waldv. Metropolitan Dade County, 338 So. 2d 863 (FIa 3d DCA 1976); Hollywood, Inc. v. Broward County, 431 So. 2d 606 (Fla. 4th DCA 1983); and WHEREAS, the City Commission finds that Section 163.3202(3), Florida Statutes, encourages the use of innovative land development regulations which includes the adoption of "impact fees," and City of Winter Springs Ordinance No. 2003-04 Page 1 of 15 DRAFT 3-5-03 WHEREAS, the City Commission also finds that the impact fees required by this Ordinance are necessary to mitigate impacts reasonably attnbutable to new development; and WHEREAS, the City Commission also recognizes that the Florida Legislature has mandated that local government plan comprehensively for future growth and that this regulatory Ordinance is consistent with that mandate. See, e.g., Ch. 163, Fla Stat.; and WHEREAS, new land development activity generates public fucility and service demands within the City and it is reasonable to require new development to pay a fair share of the cost of expanding new public fucilities and services attributable to new development; and WHEREAS, this Ordinance is enacted pursuant to the Florida Municipal Home Rule Powers Act, Chapter 163, Florida Statutes, the City of Winter Springs Comprehensive Plan, and other applicable law authorizing a municipality to set rates, fees, and charges for new development; and WHEREAS, it is in the best interests of the public health, safety, and welfare of the citizens of Winter Springs to aniend the City's police, fire/rescue, and parks and recreation impact fees and procedures. NOW, THEREFORE, THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS HEREBY ORDAINS, AS FOLLOWS: Section 1. Recitals. The foregoing recitals are hereby incorporated herein by this reference. Section 2. Code Amendment, Chapter 9, Article vm, Division 3. The City ofWmter Springs Code, Chapter 9, Article VIII, Division 3, is hereby amended as follows (underlined type indicates additions and stIikoout type indicates deletions): ARTICLE vm. IMP ACT FEES * * * DMSION 3. POLICE. FIRE. AND PARKS AND RECREATION PUBLIC SAFETY FACILITIES Sec. 9-391. PoHee pubHc safety impact fee. Generally. [Police ptJblic safety impact fix, pIovisiom are set furth hcrdn as scc.tiom 9-391.1 thtough 9-391.12.] The city commission hereby establishes police. fire. and parks and recreation itnpact fees under the requirements of this division The City Commission finds that the Florida Growth Management Act mandates that local government plan comprehensively for future growth and that this division is consistent with that mandate. In addition. Section 163.3202(3). Florida City of Winter Springs Ordinance No. 2003-04 Page 2 of 15 DRAFf 3-5-03 Statutes. enco~es the use of innovative land development reguIations which includes the adoption of "impact fees." Further. new land development activity generates public facility and service demands within the City and it is reasonable to reqlJire new development to pay a fair share ofthe cost of expanding new public facilities and services attnbutable to new development. This division is enacted pursuant to the Florida Municipal Home Rule Powers Act. Chapter 163. Florida Statutes. the City ofWmter Springs Comprehensive Plan. and other applicable law authorizing a municipaIity to set rates. fees. and charges for new development. Sec. 9-391.1. Levy and purpose. For the pmpose of helping to defray the cost of new or expanded police. fire. 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 offees, and other provisions of this division. This division is intended to be consistent with the principles for allocating a fair share of the cost of new public facilities to new users as established by the Florida Supreme Court. In support of. and as legal justification for. the impact fees adopted under this division. the city commission hereby adopts by reference the r((pOrt pr~pared by Land Design Innovations. Inc. entitled. "City ofWmter Springs Impact Fee Analysis Report for Police. FirelRescue and Parks & Recreation." dated November 2002. Sec. 9-391.2. Definitions. Unless otherwise ~ed herein, the definitions, classifications and uses shall be as set forth in the City ofWmter Springs Land Development Code. W Building permit: Any building or construction permit required under the Wmter Springs Building Code, Chapter 6 of this Code. (b) Fire public safety facilities capital improvements: The land. building. facilities. vehicles and equipment necessary for the :fire de.partment of the city to provide firefighting and fire protection services and paramedic services to the citizens ofWmter Sprirlgs. till Nonresidential: Includes all land uses not otherwise specified as residential or exempted as set forth in this division. This shall include, but is not limited tOa..day Care facilities, residential care facilities, nursing homes, boarding houses, home occupations, educational facilities, hbraries, cuhural facilities, churches, all commercial uses, all transient lodging and entertainment facilities except those which are temporary in nature, all automotive facilities and/or structures, all miscellaneous business uses and services and all industrial uses. City of Winter Springs Ordinance No. 2003-04 Page 3 of 15 DRAFT 3-5-03 (d) Parks and recreation facilities capital improvements: The land. buildings. facilities. vehicles. and equipment necessmy for the parks and recreation department of the city to provide parks and recreation services to the citizens of Winter Springs. ~ Police public safety facilities capital improvements: The land, buildings, facilities, vehicles and equipment necessary for the police department of the city to provide police protection services to the citizens ofWmter Springs. ill Residential: Includes single-family dwellings, muhifamily dwelling units, mobile homes, accessory dwelling units, accessory residential structures. Sec. 9-391.3. Applicability and exemptions. W This division shall apply to all new construction within the city limits except the following: (1) Expansion of a residential dwelling unit not creating another dwelling unit; and (2) Remodeling or rebuilding of any structure; and (3) Construction under any building permit originally issued during the year preceding the effective date of this division; and (4) Temporary activities and uses including, but not limited to temporary construction and temporary commercial amusements; and (5) Public service structures; and (6) Publicly owned and operated buildings or structures used for general governmental purposes (to include but not limited to sewer, stonnwater, police, fire, ground transportation, solid waste, parks, recreation and cultural purposes); and (7) Construction associated with raising animals; and (8) Construction related to agriculture. (b) In addition. nonresidential development shall be exeIIlPt from parks and recreation impact fees. City of Winter Springs Ordinance No. 2003-04 Page 4 of 15 DRAFT 3-5-03 See. 9-391.5. Payment of fees. (a) Time of payment. The impact fees required to be paid under this division shall police public 5afcty fucilities fee .is to be paid p1iol to 01 in conjunction with the issuance of a building permit. but in no case shall the building permit be issued until all outstanding impact fees are paid in full to the ~ (b) Method of payment. Impact fees shall be paid in' cash unless the city commission. at its Sole and absolute discretion. specifically accepts an in-kind contnbution of land or capital facilities for public use which is reasonably related to the pw:pose of the credited impact fee. Credit for any in-kind contnbution shall be on a:fuir market value basis as of the date the city commission accepts the offer of such contribution. The fair market value of any land accepted as an in-kind contribution shall be based upon an appraisal of its highest and best use then allowed under itl-s the city's current land use and zonin8 designatio~. The appraisal shall be performed by a certified appraiser. licensed to do business in Florida acceptable to the city. Such appraisal shall be paid for by the donor. No credit will be granted pursuant to this section unless the contnbution ofland or capital facilities for public use has been or will be included in the capital asset inventory of the department of the city for which the irrlpact fee is imposed. (c) Amount offee. The following impact fees are hereby adopted: The, police. pubtic safety faeifitic-s to be paid prior to 01 in conjttuction with the .issuance of a bttiIding pcmlit shaH be levied based ttpOn the foHo\'Vmg foImtda and in the fuHowing &notmts. (l) Residential. (C:AI x RC)IRDU - Cost: per dwelling tmit. (2) Non-rc;sidential. (CM x NC)/NSl' - Cost pGl squme root ofllOll-rc.sidclltia:l. dc.vdopment. C:AI ... RC NC .. ROO ... NSF Capital asset inventory. rCIGC,ll! 1 Gsidential Galls. FClocn. ofnomcsidcntial e.aIls. Numbel ofrcsidential dwelling writs Non-rcsidclltial square footage, (Non-residential fee. shaH. be levied upon that portion of a strocttne \'Vhich is dassificd as nom e.side.ntial). City of Winter Springs Ordinance No. 2003-04 Page 5 of 15 DRAFT 3-5-03 (1) Fire: (i) Residential: (ll) Non-residential: $0.086 per square foot. $0.350 per square foot. (2) Police: (i) Residential: en) Non-residential: $0.113 per square foot. $0.300 per SQ.lJare foot. (3) Parks and Recreation: (i) Residential: (n) Non-residential: $0.834 per square foot. None. , See. 9-391.6. Credits. In addition to the discretionary credits authorized by the city commission under section 9-391.5(b). ~ applicant for a building permit shall be entitled to a credit against future impact fees assessed pursuant to this division for contnbutions, dedications, 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 an amount equal to the firir market value of any contribution of land or capital facilities for public use. The impact fee credit and the applicable contnbution. dedication. or improvements must be reasonably related. The firir market value shall be detennined as of the date the city commission accepts the offer of such contribution. The firir.market value of any land accepted for credit of future impact fees shall be based upon an appraisal of its highest and best use and then allowed under its the city's current land use and zoning designatio~. The appraisal shall be performed by a certified appraiser. licensed to do business in Florida. acceptable to the city. Such appmisal shall be paid for by the donor. No credit will be granted pursuant to this section unless the contnbution of land or capital facilities for public use was made within the year preceding the effective date of this division, and the contribution of land or capital facilities for public use has been or will be included in the capital asset inventory of the potiee department of the city for which the impact fee is imposed.. Sec. 9-391.7. Establishment ora trust fund. (a) The impact fees collected by the city pursuant to this division shall be kept separate from other revenue of the city and a capital expansion trust fund is hereby created for each impact fee categoIY created under this division as follows: ill Police Protection Capital Expansion Trust Fund. (2) Fire Protection Capital Expansion Trust Fund. City of Winter Springs Ordinance No. 2003-04 Page 6 of 15 DRAFT 3-5-03 (3) Parks and Recreation Capital Expansion Trust Fund. (b) Use of Funds. The amounts in the impact fee polire protection capital. expansion trust fun~ shall be exclusively used only for the purpose obtained in the title of such fund and for no other purpose. Expenditures from the fund shall be specifically approved by the city commission and shall be limited to the expansion acquisition of capital facilities or equipment made necessary by the new construction from which the fees were collected or for principal payments (including sinking :fund payments) on bonds to expand or acquire such facilities or equipment. Before authorizing an expenditure from anyone of these trust funds, the city commission shall determine that: (1) Such expenditure is fOt: capital :fu.cilities or equipment to be used for the purpose contained in the title of the trust fund from which the expenditure is to be made; and (2) Such expenditw'e is made necessary by the new construction from which such :funds were collected; and (3) Such expenditure shall result in a benefit to the new construction from which said funds were collected. Sec. 9-391.8. Capital expansion plans. The city's police. fire and parks and recreation department~, which is are to receive funds collected pursuant to this impact fee divisio~ shall prepare and maintain a capital expansion plan for its their respective individual funds which shall be for a period of no less than one (1) year. The polkG E&ili department's plan shall be reviewed and approved by the city commission at least annually during the budget review process. Sec. 9-391.9. Refunds. Refunds ofpo.lice public safuty :fuc.i:liti:c5 the impact fees paid hereunder may be allowed upon application thereo~ when it is determined that no construction under a building permit has occurred, and the building permit issued for such construction has expired or otherwise been cancelled. Sec. 9-391.10. Vested rights. (a) A developer or successor in interest of land which has received a building permit may petition the city commission for a vested rights determination which would exempt the petitioner from the provisions of this division. Such petition shall be evaluated by the city attorney and a recommendation thereon submitted to the city commission based upon the following criteria: City of Winter Springs Ordinance No. 2003-04 Page 7 of 15 DRAFT 3-5-03 (1) There exists a valid, tmexpired government act of authorizing a specific development for which a detennination is sought; (2) Expenditures or obligations made or incurred 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 developer to comply with the requirements of this divisio1l:'~ ill Common law principles of equitable estoppel and vested rights set forth in case law. (b) For the purpose of this section, the following fu.ctors shall be considered in determining whether it would be inequitable to deny the petitioner the opportunity to complete the previously approved development: (1) Whether the injury suffered by the petitioner outweighs the public cost of allowing the development to go forward without payment of the fee required by this division; (2) Whether the expense or obligations were made or incurred subsequent to May 14, t9ge November 1,2002, after which day the adoption of the impact fees required by this division was pending; and (3) Whether the operation of this division would create an erroneous inordinate burden which would prevent petitioner from making a reasonable return on his investment. (c) The city shall not permit the extension of a building permit beyond the initial time for activation without the applicant complying with this division (d) If a previously approved development order or other binding agreement contained conditions regarding police. scr v ice impact, po~ impact fees required by this division and their designated uses, or contributions to the capital asset inventory of the police re~ective departments, the developer or his successor may request a modification of such prior approvals in order to bring the approval conditions into consistency with the requirements of this division. Sec. 9-391.11. Penalty for violation. Violation of this division shall constitute a misdemeanor of the second degree and shall be subject to penaIty pursuant to applicable code enforcement procedures. Notwithstanding the criminal penalty provided for herein, the city may obtain an injunction or other legal QI equitable relief in the circuit court against any person violating this division. City of Winter Springs Ordinance No. 2003-04 Page 8 of 15 DRAFf 3-5-03 Sec. 9-391.12. Appeal. Any person aggrieved by any portion of this division shaH administrative decision by the city ~ appeal directly to the city commission To file an appeal, an individual must file an application with the city manager and submit such infonnation and documentation with said application as may be required by the city manager. The city manager shall make a determination as to the sufficiency of the application An application for appeal must be filed with the city manager within thirty (30) days of any action taken by the city for which a person is aggrieved. Any decision of the city commission on the application shall be :final and subject to iudicial review. Section 3. Repeal Chapter 9, Article VID, Division 4, Fire Public Safety Facilities. The City ofWmter Springs Code, Chapter 9, Article VITI, Division 4, Fire Public Safety Facilities, is hereby repealed in its entirety (strikeout type indicates deletions): DMSION 4. FIRE PUBLIC SAFETY FACILITIES Sec. 9...396. Fin public sakty facilities impact fee. [r1r'e pttbJk safety ilnpact fee plovisiolls me set forth heldll as section~ 9-396.1 tlnough 9-396.12.] Sec. 9-396.1. Levy and purpose. FOI the pmposc. of helping to defray thG cost of new 01 expanded fire fudlitics and equipment attribtrtablc to new construction within the dt} limits, ilnpact rees aIC helcby levied on new constmction within the'eity limits in. aceoldancc with the. plovisions o{section 9-396.5, payment of kGs, cll1d other pi 0 visions of this division This division is intended to Ix consistent with the plillCipa:ls ful allocating a fail shate. of the e.o5t o{new public faGilities to flC,W users as establisb.e.d h, the FlOlida SUplCI1'lC Com. Sec.9396.2. Definitions. Unless othc.rwisc. 5pCCificd herGin, the. defirlitions, dassificabons and uses shaH Ix as set forth in the Crt, of'vVmtcr Splings Land De.vdopmcnt Code. Duilding pcnnit. Any btriIding 01 coJ.".lSt:ructiol1 paHht lequited under the. Wintel Splin.gs DttiIding Code, ChaptCI 6 of this Code. File public safety fudlities capital ilnplo~ements. The laIld, bnild1ng, facilities, vehicles and equipment nCCG~ for the file department of the "rt, to pro~de firdighting and file. plotectron sc.1 vi~ and parmncdic SC1 vices to thG dtizcm ofV{mt"r SpiMgs. City of Winter Springs Ordinance No. 2003-04 .. Page 9 of 15 DRAFT J-S-OJ Nomesidentw. Indud(,s aU. land ~s not OthCl wise. specified as Iesidcntial 01 exempted as 5(,t furth herein. This shaH include., but is not limited to day eate facilities, Iesidcntial e.ate. facilities, nmsing hOllIes, bocnding housc,s, hoIne occupations, educational :facilitie.s, libHIfKs, e.ultmal. :facilities, chme.hcs, aU. cormnereial usc,s, aU. transient lodging and entertaimnent facilities except those which arc tcmpolary in natm:e, aU. automotRe. :facilities andloI stmctmes, aU. miscdhmcotJS bttsiness usc,s atld SCI vices atld aU. industrial usc,s. Residential. Includes single-family dwellings, nltUti...-finnily dwelling tmits, mobile homes, accessory dwelling units, accessory Iesidential shnctme.s. Sec. 9--396.3. Applicability and cnmptions. This di'\lision sbaH apply to aU. ne~ constIllGtion within thc city limits cxcept thc roHowing. (1) Expansion of a Iesidelltial dwe-Hing unit not cluting anotheI dwel:ling unit, mld (2) RCInodding 01 l'(,build.-ing of any stI tlCtm e., mld (J) ConstItlGtion m1der any building peullit oliginaHy issncd dming the ,e-at prccc,ding the e:frective- date. oftbis OIdinance No. 488 [July 9, 1990], mId (4) Temporary acti~es and usc,s including, but not Iimitcd to tcnlpolM)l constItlCtion and tempoImJ commeIeial alnuscments, mld (5) Public seI -qicc stJ:tlCtmes, and (6) Publicly owned and operated building or shncturcs mcd tOI gencra:l gov"e1mnental pmposcs (to include. but not limited to sc.~el, stormwatcl, fire., gIotmd tta:nsportation, solid wasOC, parks, rcCIcation mld cultural. pmposes), and (7) ComtIoctionassociatcd with raising ~, alld (8) ConstItlCtion Idated to agIirolture. Sec. 9--396.4. DderminatioD off<< amounts. .Empact m shaH be dct{.uuincd and reviewed at ~ every OthcI YGM in accoldance with. a detaikd al1alysis of projected const. uction witbin. the. city limits, the. cost of allY expanded OJ new capita:l facilities and cq11iprncnt roI me public senicc, facilities genc.ratc.d by such construction and the money otll(.. wise available to meet such costs. The. city conmliMion may at'llluaUy adjust the established impact fee rate to reflect the changes ill the cost of relevant capital fucilities and City of Winter Springs Ordinance No. 2003-04 Page 10 of 15 ~ DRAFf 3-5-03 cqnipment. AM changes 01 adj~nts in the. estabJished impact fec IateS shaH be made by oIdinance cmd sha:H .1ppI, only to constI oction {oI which btri:ld:ing p'-uHits are i5sued after the effeet~c date of stlCh OId:inanc.C. See. 9-396.5. Payment of fees; (a) Titnc ofpaYlncnt. The firc public safety facilities fec i5 to be paid plioI to 01 in c.o~tmction with the issuance of a building pcmUt. (b) Mdhod of payment. Impact iCes shaH be paid in cash ttnkss the. city connll~ioll spcc.ifi~ acGepts an in-kind oontlibtrtion of land 01 c.apital facilities fur public tlSC. CIcdit {ol any in-kind contl:ibtrtion shaH be on a fait rnaIket value basis as of the. date. the city conm1:ission accepts the OffeI of such contribution. Thc:fitir maIket "aluc of any land accepted as an in-kind oontlibtttion shall be based upon an appraisal of its highest and best tlSC thcu allowed mtdcr its cmIcnt land me designation. Such appIaisal sha:H be paid fuI by the donor. (e) Anlomt offce. TIle fire public safety facilitks to be paid plioI to 01 in conjttttc.tion with the issuance ofa btri:lding pGllUit shaH be kvied based upon the foHowing fommla and in the following amounts. (l) Residentia:l. (CAI X RC)/RDU - Cost pel dwelling tmit. (2) Non-residential. (eAI X NC)INSF" Cost pel squmc foot ofnon-remwtw development. CAI ... RC NC ... RDU - NSF - Capital asset invcntory. PCicent rGside-ntia! GaBs. Percentage. ofnomGsidcntia:l ca&. NtnnbcI of residcntial dwc~ tmits. Nonresidential square fuotage, (Non-Iesidential fc<. shaH. 1x K-vied upon that portion of a stItlGtmc 'Which is classified as nOllt'CsKkntia:I). Sec. 9-396.6. Credits. An applicant for a bu~ pGm1:it shaH be entitled to a cIedit against futmc impact fees assessed pmsuant to this Ordinance foI contributions, dedications, 01 inlIH 0 vcmcnts 1 equir cd by the:. city 01 thtough agxecmcnts with the city as a condition "fany developntc.nt peiuUt by the city, and City of Winter Springs Ordinance No. 2003-04 Page 11 of 15 DRAFT 3-5-03 said credit shaH. be an amOtmt equal to the fait: nwket value of any conttibution of land 01 capital facilities for pnbtic l1S(,. TIle fair nwkct value shaH be, dctcunincd as ofthc. date. tIlG dry eOllltl~ion accc.pt5 tile. oflb of 5Ueh eontl. .ibntion. The fait: nwkct "aluG of any land accepted ful CI edit of future impact fees shaH be based upon an appraisal of its highest and be,st me. and then aHo~cd nndcl its couem land me. designation. Such applaisal shaH be. paid fu! by the donO!. No Gfedit ~iH be. gnmted pmsottnt to this section unless the eontIibutron of land 01 e.apital faci:litk,s fur pubtic me. ~as made witllin thG YCM preceding the effuct:ivc date of this OIdirnmcc No. 4788 [July 9, 1990], and the ex>ntdbution onand 01 capital {aGilities for pubic use has bee.n or ~iH be included in the Gapital asset imcntory of the me dcpattulGnt of the Cit} ofWmtcl SptHigS. S~e. 9~396.7. EstabHshm~nt ora trust fund. (a) The impact fcGS collected by the city pursuant to this di~n shaH be kept S(.pa1atG nom other I'CvenUG ofthc city and a capital expansion tmst fund is llercby created. Fire. rlotGetion Capital L"Xp3J1Sion Trost Fwd. (b) Use offtmds. The amotmts in the mc. plotcction capital Gxpansron trust fund shaH be, me.d only fur the pmposc contained in the title of such fund and for no othel purpose. ExpGnditmes nom the fund shaH be speci:ticaHy applovoo by the ciry conmmsion and shaH be limited to the expamionlacqttisition of capital mcilities O! equipment made necessary by the ne~ constmction nom which the fucs ~ere eoHc.cted 01 ror principal payments (including sinking fund payments) 011 bonds to expalld 01 acquire such mciJitics 01 equipment. Defole authorizing an expenditure :from anyone of these tJ:tJSt Mlds, the city comnlission shaH ddenrrine tMt. (1) Such expenditure is for capital facilities or cqttipme,ut to be mOO ror the pmposc contained in the title ofthc tJ:ust:fund nom 'Which tIlG expenditure is to be madG, and (2) Such cxpcnditme is made, necessary by the ne~ constt oction from ~hich snch funds ~a'C coHcdOO, and (3) SUGh expenditure shaH. lesult in a benefit to thc nc~ eomlitlCtion nom which said funds ~ere coHcctoo. See. 9-396.8. Capital ~xpansion plans. The eity's fire dcpMtlnent, ~hich is to rccciv~ funds coHectoo pmsuant to this inlpact fue ordinance shaH prepare and maintain a capital expansion plan ful its indiWlttal funds ~hich shaH be fot a period of no less than one (1) yeM. TIle file departmGnt's plan sha:H be. I{,vic~ed and apploved by the eity commission at least am1t1all, dming the budget levie~ plocess. 8<<. 9~396.9. I<<funds. City of Winter Springs Ordinance No. 2003-04 Page 12 of 15 DRAFT 3-5-03 Reftmds of me pttbJie safety f.tciJitics fees paid heretmdu nlaJ be aHo~ed upon appb.c.ation tocreror ~hen it is detetmined that no eOllstmctiontmocr a building pernnt has ocetltred, ~nd the btrilding ~rnlit issntd fur 5t1Cb. constroction 1m expited or otherwise been eanceHed. Se<. 9~396.19. Yutcd rights. (a) A developer or 5\:lCC(,ssor in intelest of land ~hieh 1m received a building pemlit IDa' petition the eity co.mmission fur a vested rights determination ~hich ~ould exempt the petitioner from the provisions of this dnision. StlCh petition shaH be, evaluated h, the city attoIllC}' and a rcco.D'ln'l(,ndation thercon Stlbmittcd to the city conmrissioll based upon the fuHo~ing criteIia. (1) Then: exists a valid, tmC,xpited go~efnmcnt act ofauthorizing a specific, development fur whieh a determination is sought, (2) Expenditures or obligations made or inetn1ed in reliance upon the authorizing act that arc reasonably equivalent to th~ fees required h, this dimio~ (3) That it would be, inequitable to deny the petitioIlGr the opportunity to complete the pre-viomly app1o~ed development undet the conditions of appro-val h, requiting the de\'d.opGr to comp" with thG rcqnitellK.nts of this dnision. (b) For the; purpose of this sec,tion, the foHowing factors shaH be considered in octGunining ~hether it ~ould be inequitable to deny the petitioner the opportunity to complete the previously apptO'\1ed dc-veIopn.lcnt. (1) Whether the in;jttry 5tJ:'!rer ed h, the petitioner otltweighs the public cost: of aHo ~ing the development to go fur~md without payment of tile fee requited h, this division; (2) 'Nhetha the expense or obligations ~CIC n1adc or inetltred Stlbscqucnt to Ma, 14, 1990, after which day the adoption of this Oidinance ~as pending, and (3) Whether tile operation of this dimion ~ould create an eironcous bnrocn ~hich would prcvcrrt petitioner nom rmlcing a reasonable rctmn on his investment. (e) The city sba:H not permit the extension of a building pcrudt bc,ond the initial time for acti-vMion withotrt t:hG applicant compI,in~ ~ith this Ordinance. (d) If a pre\lious" apptovcd ocvdopmcnt order or otller binding agreement contained conditions rG~mding fire 5er vice impacts, fire impact fees and their designated uses, or contributions to the capital assc.t imel1tory of the me ocpa1t:ment, the developer or his StlCCCSS'OI may reqtlGst: a modification of stICh prior appto-vals in order to bring the apptOlal conditions into consistency. City of Winter Springs Ordinance No. 2003-04 Page 13 of 15 DRAFf 3-5-03 Sec. 9~J96.11. Penalty for violation. "Violation of this di1ision shaH constitute a misdcmem101 of the. scGOlld degree.. Notwithstanding the, e.lhninal penalty provided for heldn, the dry may obtaiu an injnnction 01 other legal equitable relicfin the. drcmt conrt against any pc1son oolating this Qtdirnmcc. Sec. 9~J96.12. Apptal. Any persou aggric~cd by any portion of this diV'ision shaH appca:l Meetly to the ciry commission. To file. an appca:1, ml indMdual mt:ISt file an applic,ation with the dry manageI mld submit sucll inrolnlation and docmncntation with. said apptication as .may be:. Ie.quil:cd by the. dry managel. The city managel shaH make. a determination as to the 5tlfficiency of the application. An apptication for appeal must be filed with the ciry nl31'lager witmn thirty (30) days of any ae.tion taken by the eity toI which a pclson is ~cd. Section 4. 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 5. Incorporation Into Code. 1bis ordinance shall be incorporated into the Wmter Springs City Code and any section or paragraph number or letter and any heading may be changed or modified as necessary to e:ffi:ctuate the foregoing. Section 6. Severability. Ifany 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 7. EfIectiveDate. This Ordinance shall become effective immediately upon adoption by the City Commission of the City ofWmter Springs, Florida, and pursuant to City Charter. [signatures on next page] City of Winter Springs Ordinance No. 2003-04 Page 14 of 15 7 DRAFT 3-5-03 ADOPTED by the City Commission of the City ofWmter Springs, Florida, in a regular meeting assembled on the _ day of , 2003. ATTEST: CITY OF WINTER SPRINGS, FLORIDA ANDREA LORENW-LUACES City Clerk JOHN F. BUSH Mayor Approved as to legal form and sufficiency for the City of Winter Springs only: ANTHONY A. GARGANESE City Attorney First Reading Posted Second Reading and Public Hearin2 D:\MUNlCIPAL\WiDterSprings\Ordinance\PoJice, Fire and Parks lmpacl_Fee.wpd City of Winter Springs Ordinance No. 2003-04 Page 15 of 15 '4 i;' '., Ronald W. McLemore City Manager TO: FROM: DATE: SUBJ: CITY OF WINTER SPRINGS, FLORIDA 1126 EAST STATE ROAD 434 WINTER SPRINGS, FLORIDA 32708-2799 Telephone (407) 327-1800 MEMORANDUM Mayor and Commission Ronald W. McLemore, City Manager r-- March 6, 2003 Impact Fee Ordinance Please find attached the Impact Fee Ordinance No. 2003-04 amendments to Public Hearing "C". /jp Attachment U:\Docs\Word\Memos\Memo 2003\Mar 03\Amendmenllo Ordinance 2003-04,doc DRAFf 3-5-03 ORDINANCE NO. 2003-04 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA, AMENDING THE CODE OF ORDINANCES CHAPTER 9, ARTICLE VIII, IMPACT FEES, BY REVISING POLICE AND FIRE IMPACT FEES AND ESTABLISHING JIMPACT FEES FOR PARKS AND RECREATION; MAKING SEVERAL CONFORMING AMENDMENTS TO ELIMINATE REDUNDANT CODE SECTIONS; ADOPTING SEVERAL PROCEDURAL AMENDMENTS APPLICABLE TO THE PAYMENT OF IMPACT FEES; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; PROVIDING FOR INCORPORATION INTO THE CODE; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Commission of the City ofWmter Springs, Florida, has previously found and determined it to be in the best interest of the safety, health, and welfare of the citizens of the City ofWmter 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 has commissioned an impact fee study and has retained Land Design Innovations, Inc. ("LDI") to complete the study and prepare a report on the adequacy of the City's current police, fire/rescue and parks and recreation impact fees; and WHEREAS, LDI has issued to the City an impact fee report entitled, "City of Winter Springs Impact Fee Analysis Report for Police, FirelRescue and Parks & Recreation," dated November 2002 ("Report"); and WHEREAS, the City Commission hereby finds that the Report legally justifies the continued imposition of revised police, fire/rescue and parks and recreation impact fees pursuant to applicable law. See, e.g., Volusia County v. Aberdeen at Ormond Beach, 760 So. 2d 126 (Fla. 2000); Contractors and Builders Association of Pine lias County v. City of Dunedin, 329 So. 2d 314 (Fla. 1976); Wald v. Metropolitan Dade County, 338 So. 2d 863 (FIa 3d DCA 1976); Hollywood, Inc. v. Broward County, 431 So. 2d 606 (Fla. 4th DCA 1983); and WHEREAS, the City Connnission finds that Section 163.3202(3), Florida Statutes, encourages the use of innovative land development regulations which includes the adoption of "impact fees," and City of Winter Springs Ordinance No. 2003-04 Page 1 of 15 i DRAFT 3-5-03 WHEREAS, the City Commission also finds that the impact fees required by this Ordinance are necessary to mitigate impacts reasonably attnbutable to new development; and WHEREAS, the City Commission also recognizes that the Florida Legislature has mandated that local government plan comprehensively for future growth and that this regulatory Ordinance is consistent with that mandate. See, e.g., Ch. 163, Fla. Stat.; and WHEREAS, new land development activity generates public facility and service demands within the City and it is reasonable to require new development to pay a fair share ofthe cost of expanding new public facilities and services attnbutable to new development; and WHEREAS, this Ordinance is enacted pursuant to the Florida Municipal Home Ru1e Powers Act, Chapter 163, Florida Statutes, the City ofWmter Springs Comprehensive Plan, and other applicable law authorizing a municipality to set rates, fees, and charges for new development; and WHEREAS, it is in the best interests of the public health, safety, and welfare of the citizens of Winter Springs to amend the City's police, fire/rescue, and parks and recreation impact fees and procedures. NOW, THEREFORE, THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS HEREBY ORDAINS, AS FOLLOWS: Section 1. Recitals. The foregoing recitals are hereby incorporated herein by this reference. Section 2. Code Amendment, Chapter 9, Article VllI, Division 3. The City of Winter Springs Code, Chapter 9, Article VIII, Division 3, is hereby amended as follows (underlined type indicates additions and strikeout type indicates deletions): ARTICLE vm. IMPACT FEES * * * DMSION 3. POLICE. FIRE. AND PARKS AND RECREATION PUBLIC SAFETY FACILITIES Sec.9-391. PoH(e public safety impact fee. Generally. [Police pt1bIic safety nnpad fix, plOmom ale set furth haem as sections 9-391.1 thIOtlgh 9w391.12.] The city commission hereby establishes police. fire. and parks and recreation impact fees under the requirements of this division The City Commission finds that the Florida Growth MaIlBiement Act mandates that local government plan comprehensivelY for future growth and that this division is consistent with that mandate. In addition Section 163.3202(3). Florida City of Winter Springs Ordinance No. 2003-04 Page 2 of 15 DRAFf 3-5-03 Statutes. encourages the use of innovative land development regulations which includes the adoption of "impact fees." Further. new land development activity generates public facility and service demands within the City and it is reasonable to require new development to pay a fair share of the cost of e~anding new public facilities and services attnbutable to new development. This division is enacted pursuant to the Florida Municipal Home Rule Powers Act. Chapter 163. Florida Statutes. the City ofWmter Springs Comprehensive Plan. and other applicable law authorizing a municipality to set rates. fees. and charges for new development. Sec. 9-391.1. Levy and purpose. For the purpose of helping to defray the cost of new or expanded police. fire. and parks and recreation facilities an~ 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 offees, and other provisions of this division. This division is intended to be consistent with the principles for allocating a fair share of the cost of new public facilities to new users as established by the Florida Supreme Court. In support of. and as legal justification for. the impact fees adopted under this division. the city commission hereby adopts by reference the report pr~pared by Land Design Innovations. Inc. entitled. "City of Wmter Springs Impact Fee Analysis Report for Police. Fire/Rescue and Parks & Recreation." dated November 2002. See. 9-391.2. Definitions. Unless otherwise ~ed herein, the definitions, classifications and uses shall be as set forth in the City ofWmter Springs Land Development Code. till Building permit: Any building or construction permit required under the Wmter Springs Building Code, Chapter 6 of this Code. (b) Fire public safety facilities capital improvements: The land. building. facilities. vehicles and equipment necessary for the fire department of the ci1)' to provide firefighting and fire protection services and paramedic services to the citizens ofWmter Springs. W Nonresidential: Includes all land uses not otherwise specified as residential or exempted as set forth in this division. This shall include, but is not limited tOa..day Care facilities, residential care facilities, nursing homes, boarding houses, home occupations, educational facilities, libraries, cultural facilities, churches, all commercial uses, all transient lodging and entertainment facilities except those which are temporary in nature, all automotive facilities and/or structures, all miscellaneous business uses and services and all industrial uses. City of Winter Springs Ordinance No. 2003-04 Page 3 of 15 .. DRAFf 3-5-03 (d) Parks and recreation facilities capital improvements: The land. buildings. facilities. vehicles. and equipment necessary for the parks and recreation department of the city to provide parks and recreation services to the citizens ofWmter Springs. (stl Police public safety:fucilities capital improvements: The land, buildings, facilities, vehicles and equipment necessary for the police department of the city to provide police protection services to the' citizens of Winter Springs. ill Residential: Includes single-family dwellings, multifamily dwelling units, mobile homes, accessory dwelling units, accessory residential structures. Sec. 9-391.3. Applicability and exemptions. W This division shall apply to all new construction within the city limits except the following: (1) Expansion of a residential dwelling unit not creating another dwelling unit; and (2) Remodeling or rebuilding of any structure; and (3) Construction under any building permit originally issued during the year preceding the effective date ofthis division; and (4) Temporary activities and uses including, but not limited to temporary construction and temporary commercial amusements; and (5) Public service structures; and (6) 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, parks, recreation and cultural purposes); and (7) Construction associated with raising animals; and (8) Construction related to agriculture. (b) In addition. nonresidential development shall be exempt from parks and recreation impact fees. City of Winter Springs Ordinance No. 2003-04 Page 4 of 15 DRAFT 3-5-03 Sec. 9-391.5. Payment of fees. (a) Time of payment. The impact fees required to be paid under this division shall police public safi:.ty facilities fee .is to be paid pliO! to 01 in conjunction with the issuance of a building permit. but in no case shall the building permit be issued until all outstanding impact fees are paid in full to the ~ (b) Method of payment. Impact fees shall be paid in cash unless the city commission. at its Sole and absolute discretion. specifically accepts an in-kind contnbution of land or capital facilities for public use which is reasonably related to the PUQ)Ose of the credited impact fee. Credit for any in-kind contribution shall be on a fuir market value basis as of the date the city commission accepts the offer of such contribution. The fair market value of any land accepted as an in-kind contribution shall be based upon an appraisal of its highest and best use then allowed under itl-s the city's current land use and zoning designatio~. The appraisal shall be performed by a certified appraiser. licensed to do business in Florida. acceptable to the city. Such appraisal shall be paid for by the donor. No credit will be granted pursuant to this section unless the contnbution of land or capital facilities for public use has been or will be included in the capital asset inventory of the department of the city for which the impact fee is imposed. (c) Amount offee. The following impact fees are hereby adopted: The police public safety faeilitks to be paid pI rol to 01 in cOrUunction with the isswmcc of a building pel1nit shaH be. Ie v icd based upon the roHowing rounma and ill the foHo~ing amonnts. (1) Residential. (CAI xRC)IRDU - Cost pel d~elting unit. (2) Non-Icsidential. (CAI x NC),'NSF - Cost per sqtl31c fOot ofnon-residcntial dcvdopnlCnt. CAI RC - NC .. RDU .. NSF - Capital asset inventory. Pel cent residential caHs. PClccntagc of n011fCsidential caHs. Nmnba of residential d~eHihg mlits NOI}-l~cknt.ial sqtJa1G rootage (Non-Iesidential fee shaH be kv.icd upon that portion of a stI nc.tme 'Which is classified as 110mcsidential). City of Winter Springs Ordinance No. 2003-04 Page 5 of IS c' DRAI<13-5-03 (1) Fire: (i) Residential: (n) Non-residential: $0.086 per square foot. $0.350 per square foot. (2) Police: 0) Residential: (n) Non-residential: $0.113 per square foot. $0.300 per square foot. (3) Parks and Recreation: (i) Residential: (n) Non-residential: $0.834 per square foot. None. , Sec. 9-391.6. Credits. In addition to the discretionary credits authorized by the city commission under section 9-391.5(b). Aan applicant for a building pennit shall be entitled to a credit against future impact fees assessed pursuant to this division for contnbutions, dedications, or improvements required by the city or through agreements with the city as a condition of any development pennit by the city, and said credit shall be an amount equal to the fuir market value of any contribution of land or capital facilities for public use. The impact fee credit and the applicable contrIbution. dedication. or improvements must be reasonably related. The fuir market value shall be determined as of the date the city commission accepts the offer of such contribution. The fuir market value of any land accepted for credit of future impact fees shall be based upon an appraisal of its highest and best use and then allowed under its the city's current land use and zoning designatio~. The ~praisal shall be performed by a certified appraiser. licensed to do business in Florida acceptable to the city. Such appraisal shall be paid for by the donor. No credit will be granted pursuant to this section unless the contnbution of land or capital facilities for public use was made within the year preceding the effective date of this division, and the contribution of land or capital facilities for public use has been or will be included in the capital asset inventory of the potiee department of the city for which the impact fee is imposed.. Sec. 9-391.7. Establishment ofa trust fund. (a) The impact fees collected by the city pursuant to this division shall be kept separate from other revenue of the city and a capital expansion trust fund is hereby created for each impact fee category created under this division as follows: ill Police Protection Capital Expansion Trust Fund. (2) Fire Protection Capital E~ion Trust Fund. City of Winter Springs Ordinance No. 2003-04 Page 6 of 15 ~i DRAFT 3-5-03 (3) Parks and Recreation Capital Expansion Trust Fund. (b) Use of Funds. The amounts in the impact fee police protection c.apita:l expansion trust fund~ shall be exclusivebr used only for the purpose obtained in the title of such fund and for no other purpose. Expenditures from the fund shall be specifically approved by the city commission and shall be limited to the expansion acquisition of capital facilities or equipment made necessary by the new construction from which the fees were collected or for principal payments (including sinking fund payments) on bonds to expand or acquire such facilities or equipment. Before authorizing an expenditure from anyone of these trust funds, the city commission shall determine that: (1) Such expenditure is for: capital mcilities or equipment to be used for the purpose contained in the title of the trust fund from which the expenditure is to be made; and (2) Such expenditure is made necessary by the new construction from which such funds were collected; and (3) Such expenditure shall result in a benefit to the new construction from which said funds were collected. Sec. 9-391.8. Capital expansion plans. The city's police. fire and parks and recreation department~, which is are to receive funds collected pursuant to this impact fee division,. shall prepare and maintain a capital expansion plan for its their respective individual funds which shall be for a period of no less than one (1) year. The police ~ department's plan shall be reviewed and approved by the city commission at least annually during the budget review process. Sec. 9-391.9. Refunds. Refimds of polkx. pubIk satCty mcitities the impact fees paid hereunder may be allowed upon application thereo~ when it is determined that no construction under a building permit has occurred, and the building permit issued for such construction has expired or otherwise been cancelled. See. 9-391.10. Vested rights. (a) A developer or successor in interest of land which has received a building permit may petition the city commission for a vested rights determination which would exempt the petitioner from the provisions of this division. Such petition shall be evaluated by the city attorney and a recommendation thereon submitted to the city commission based upon the following criteria: City of Winter Springs Ordinance No. 2003-04 Page 7 of 15 Cl DRAFT 3-5-03 (1 ) There exists a valid, unexpired government act of authorizing a specific development for which a determination is sought; (2) Expenditures or obligations made or incurred 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 developer to comply with the requirements of this division-; ill Common Jaw principles of equitable estopJ>el and vested rights set forth in case law. (b) For the purpose of this section, the following factors shall be considered in determining whether it would be inequitable to deny the petitioner the opportunity to complete the previously approved development: (1) Whether the injury suffered by the petitioner outweighs the public cost of allowing the development to go forward without payment of the fee required by this division; (2) Whether the expense or obligations were made or incurred subsequent to May 14, t996 November 1. 2002, after which day the adoption of the impact fees required by this division was pending; and (3) Whether the operation of this division would create an enoncous inordinate burden which would prevent petitioner from malcing a reasonable return on his investment. (c) The city shall not pennit the extension of a building pennit beyond the initial time for activation without the applicant complying with this division (d) If a previously approved development order or other binding agreement contained conditions regarding police SCI vice ttupact, police impact fees required by this division and their designated uses, or contributions to the capital asset inventory of the poJiee respective department~, the developer or his successor may request a modification of such prior approvals in order to bring the approval conditions into consistency with the requirements of this division. Sec. 9-391.11. Penalty for violation. Violation of this division shall constitute a misdemeanor of the second degree and shall be subject to penalty pursuant to applicable code enforcement procedures. Notwithstanding the criminal penalty provided for herein, the city may obtain an injunction or other legal ill equitable relief in the circuit court against any person violating this division. City of Winter Springs Ordinance No. 2003-04 Page 8 of 15 ~i DRAFT 3-S~3 Sec. 9-391.12. AppeaL Any person aggrieved by any portion of this di v ision shaH administrative decision by the city may appeal directly to the city commission To file an appeal, an individual must file an application with the city manager and submit such information and documentation with said application as may be required by the city manager. The city manager shall make a determination as to the sufficiency of the application. An application for appeal must be filed with the city manager within thirty (30) days of any action taken by the city for which a person is aggrieved. Any decision of the city commission on the application shall be final and subiect to iudicial review. Section 3. Repeal Chapter 9, Article VID, Division 4, Fire Public Safety Facilities. The City ofWmter Springs Code, Chapter 9, Article VIII, Division 4, Fire Public Safety Facilities, is hereby repealed in its entirety (strikeout type indicates deletions): DIVISION 4. FIRE PUBLIC SAFETY FACILITIES See. 9~396. Fire public safety facilities impact fee. [Fne public safety irnpac,t fee pro~ions arc set forth hcrcin as sections 9-396.1 thro~ 9-396.12.] Sec. 9~396.1. Levy and purpose. F"Or the purpose:. of helping to elena, the cost of nc,w 01 expanded fite. fac.ititic.s and equipmctit attributable. to n"w constIoction within th" dty limits, impad fees ate, h~lcby le-ricd on new conshtlCtion within th" city limits in accordancc with the 1'10 visions of section 9-396.5, payment of fees, and other provisions of this di~ion. This dnision is mocndcd to be consistent with the prnldpals for aHoe.ating a fait share. of the. e.ost ofI1(.~ public fadlitic.s to ncw users as e.stablished by the Flolida Supreme Court. Sec.9396.2. Definitions. Unk::ss othc,rwisc:. specified he.rdn, th" definitions, e.lMsific.ations and uses shaH Ix as set forth .in the. City ofWintu Springs Land Developmcnt Code. Duilding permit. An, building 01 construction pc.rmit rcqtrite.d under th" \Vinta Sptings Dtrilding Code, Chapter 6 of this Code. Fite. publie..wety fac,mties capital nnp1ov~mGllts. DIG 1md, building, faGilities, vchicles and equipment necessary for th" fit" department oftllG e.ity to provide fitefighting and fite. protection se:.niCGs and paramcdi." sel viCGs to the dti2ats ofWmtel Sptnlgs. City of Winter Springs Ordinance No. 2003-04 Page 9 of 15 DRAFT 3-5-03 Nomc.sidcntial. Indudc:.s all land tlSCS not othel wise spec.ified as w~idc:.ntial 01 c.xcmpted as S(.t furth herdn. This shaH indudc., btrt is not limited to day GMC fac.ilities, lesidcntial GMe mc.ilitics, nursing homes, boMding houses, home occupations, cduc.ational fadlitks, hbt:m:~s, eultmm fac,ilities, chmehcs, all comtl1GIC..ia:I. tlSCS, all transient lodging and entc..rtainment fadlities except those which arc tc.mpoun-, in nature., all at1tomoti~c. fucilities andfol stHlGtureS, all misccHaneous business tlSCS and ~I ~ kcs and all industrial tlSCS. Rcsidc:.lltm IndudGs singlc-furnily dwellings, mnltj..fiunily d~cHing units, mobile homes, accessory dwelling units, accessory lcsidcntia:l. stIuctmc.s. Sec. 9...39603. Applicability and exemptions. This division shaH apply to all nG~ constIoction within the c.ity limits c.xcept the foHowmg. (1) Expansion of a residential dwelling unit not CIc.ating another dwc.Hing unit, and (2) RGmodding 01 Icbtrilding of any sttuctmc., and (3) COllsttoction under any building peuuit OliginaHy issued dming the yc.m: plc.ceding the. dlixtive date. of this Ordinance No. 488 [July 9, 1990], and (4) TCMpOlary acti~ies and tlSCS induding, but not limite.d to tCmpOHU.)l conshuctron and tanporary COmtnelCial amusements, and (5) I'ublic servicG stt uctnres, and (6) I'ublicly owned and opaatc.d building 01 shuctmcs tJSCd fur genom gOvc.mmellta:l pmposes (to indudc. but not limited to s('WC.l, stormWMcl, fire, ground tIamportation, solid ~aste, parks, rccleation and ctdtmm purposes), and (7) Construction assodated with utising animals, and (8) ComtrtlCt:ion leJated to agrictdtmc.. Sec. 9 396.4. Determination of xe amounts. Impact tees shaH be. dc:.te.nrnlled and lev.tewed at lc,ast c.very othet yc.m: in acc.ordance with a detailed analysis ofprojcx;tcd constltlctron within tllG city limits, the GOst of any expanded 01 new capital facilities and cqtlipmctlt rot fire public sc.nicG facilities gGnclMcd by snc.h eonstmction. and the moncy otheI wise a~ailable to rnc:d Sl1Ch costs. The city con~ion. may annually adjmt the established impact fee late to ICflcd the. ehanges in tllG cost of Idevant capital facilities and City of Winter Springs Ordinance No. 2003-04 Page to of 15 ~. DRAFf 3-5-03 equipment. AM ehanges 01 adjuStlllCIttS ill the estabJished impact fee IaOCS shaH be made, by ordinancc and shaH appl) only to consh.uction for which building fX-~nlits Me .issued afteI the effecth>c date. of such 01 dinallce. Sec. 9~396.5. Payment of fees. (a) Time of payment. The me public safe~ facilities fee is to be paid pliol to 01 in co~mlction with the issuancc of a building permit. (b) Method of payment. In.1p3ct fcGs shaH be paid in cash mlkss the, eity commission ~ificaH, accepts an in-kind contIibutioIl of land or eapital. fucilitiGs fuI public me. Credit tOI Ml)i in-kind contdbtttion shaH be on a fait nwkct value. basis as of the date the city commission accepts the. offer of such contIibution. The fitir market valtlC of ml} land accepted as an in-kind contdbution shaH. be based upon an appraisal of its highest and best use then aHowed under its etUlent land use designation. Such appIa.15al shaH be paid ful by tbe donor. (c) Amount offee. The UK public, safety facilities to be paid pliol to 01 in conjtmetion with the issuance of a btJi:lding pclmit shaH be Ie v icd based upon the folIo wing foIIl1tl:la mld in the fuHowing amoml:t5. (1 ) Residential. (GAl X RC)/RDU'" Cost pet dwelling mrit. (2) Non-residential. (CAI X NC)INSF'" Cost pet square foot of non-residential dC\ielopment. CAI RC NC RDU NSf .. Capital asset inventory. rct~'1d Icsidcntial calls. :Percentage ofnoI1rCsidcntia:l c.aHs. Nmnbc:t: of 1 esidentiai dwelling mnts. Nomesidentia:l sqtJale fuotage (Non-Ic.sidcntia:l fee sha:H. be levied upon that portion of a strtlCtmc. which is classified as 110nrc.sidc.ntial). ... ... Sec. 9~396.6. Credits. An applicant for a building peImit shaH be entitled to a eledit agaimt future impact fees assessed pU1~t to this Ordinance for contributions, dediGations, 01 imptovemcnts required by tILe. dty 01 through agrccmcnts with the eit) as a condition of an:Y development pctilht by the en" and City of Winter Springs Ordinance No. 2003-04 Page 11 of 15 ,0 DRAFT 3-5-03 said credit shaH be an amonnt equal to the fair mmket value. of any contribution of land or capital facilities ror public use. The fait matkct '\1alnc shaH be determined as of the date. thc city conmnssron accepts the oBb of such oont1.ibution. The fair nwket value of any land accepted for credit offutulc impact fees shaH be based upon an appraisal of its highest and best me and then aDo ~ed tmdc.r its CUUGnt land me. designation. StICh appraisal shaH be paid for by the dOM!. No credit ~iH. be glanted pmsuant to this scction unless the contribution of land 01 capital facilities for publie use ~as made ~ithin the y(,M preceding the effective date. of this Ordinance No. 4788 [July 9, 1990], and the cont1ibtltion ofland or capital facilities for pubic use has been or ~iH. be included in the capital assct in'\1cntory of the me dqwtrnent of the city ofVv'intcJ: Spdngs. See. 9~396.7. EstabHshment ora trust fund. (a) The .inlpact iCes coHcetcd by the crt} pursuant to this division shaH be kept scpalate. fiOIn other r~e11tlC of the city and a capital expansion trust mId is hereby created. Fitc Protection Capital L'Xpansron Trost Ftmd. (b) Use offunds. The amotmts in the:fire plotec.tion capital expansion trust fund shaH be used only ror the pmpose contained in thG title of stICh fund atId for no other purpose. Expcnditmcs fiom the. fund shaH be spccmcaHy appro ved by the city conltl~ion and shaH be limited to the expansion/acquisition of capital facilities or equipulC,nt made necessary by the. new construction fiOln which the fees were ,0Reeted or fur principal payments (including sinking fund paymGnts) on bonds to expand or acquire StICh f.:tciJi.tics or equipmcnt. Derore authorizing an GxpcnditwG fioIn any one of these trust funds, the city co1t1n.1ission shaH dete.UnillC tlt:rt. (1) Such expcndittuG is fur capital facilities or equipnICnt to be nscd fol the purpose contained in the title ofthc trwt fund fioIn which the expcnditttrc is to be made, atld (2) Such expenditmc is made necessary by the new constItlction fionl which such funds were collected, and (3) Such ex:pcnd:iturc shaH lesult in a benefit to the new conshuctioll :6:onl whic.h said funds were coHecte-d. See. 9-396.8. Capital txpansfion plans. The, dty's file ~tl.llcnt, which is to receive fUnds coHceted pmstlallt to this .ir.l.lpact fee ordinance shaH prepare and maintain a capital expansion plan fOr its individtta:l finl~ whiGh shaH be for a period of no kss than OIIC (1) yeat. The file department's plan shaH be R"kwed and apploved by the city commission at kast annually dming the budget rG~ew proce~. &c. 9~396.9. Refunds. City of Winter Springs Ordinance No. 2003-04 Page 12 of 15 , - ,- DRAFT 3-S-OJ Rdlmds of me public safut} fac.iJities kcs paid heletmdcl may be allowed upon application thelefor when it is detenmncd that no constIuctiontluda a building peInlit has OCGtI:t1'Cd, and the building petmit isstted ft)f StlCh GOIlStt uction has expired 01 otherwise. been eanedkd. Sec. 9..396.19. Vuted rights. (a) A developer 01 StlCcc.SS01 in intelest of land which has Icc.civcd a bnild:in.g pemnt nlaJ petition the city colmnissioll Eo! a l'estcd lightS detet:mil1ation which would exc.mpt the petitioner tronl the plovisions of this di~n. Such petition shaH be cva:lnated by the dry attornc, and a !COOmnlCndation thereon Stlbmittcd to thG city conurrission based npoll the following elitaia. (1) There exists a valid, tmGxpiIed govCImlCnt ad of autholizing a specific dCvelopn.lcnt Eo! which a dcternnnation is sought, (2) Dxpcnditmcs 01 obligations made. 01 illeuued in reliance upon the authoIi:rill~ act that are I~ cquivralent to the recs rcqniIcd by this division; (3) That it wotdd be incqttit<lbk to deny the petitionel the opportmnry to con1plcte. the previomly approl'cd del'elopment mtdcl the. conditiom; of approval by requiting the ~elopcI to conlpl, with the rcqniIcments of this division. (b) FOI the purpose of this section, the fuHowing factOIS shaH be considered in detGlminirtg whether it would be inequitable to deny the petitione.1 the, opportmnt, to complete thG ptGviomly apptOl'OO d~elopmcnt. (1) 'Nhcther the, injmJ Sttffi:.led by the petitioncl ontweigm the public, cost ofallowing the development to go fOI wald without payment ofthG fix. rcqtJiIed by this dil'ision; (2) Whether the expense 01 obligatioilll wac nladc 01 mctl1'lcd 5ttbscqucnt to May 14, 1990, moc! which day the adoption of this Ordinance was pwding, and (3) Whether the opelation of this division would ercatG an elrollcom bmden which would pt"Cvent petitioner nom making a rcasonabk Ictmn on tm; imestment. ( G) The city shaH not pcullit the extemion of a btrilding pcdlIit beyond the initial timG ful actil'Mion without the applicant complyin~ with this Ordinaure. (d) If a ptGviomly appJovGd development Older 01 othcl binding agreemcnt conta.ined conditions tcga1din~ fire. SCI vice impacts, .fir(. impact fees and their designated USGs, or eontl:ibtrtions to the capital asset inventory of the fire department, the developer 01 his StlCCCsoor may Icque.st a modification. of such prior applOlak in order to mitiS thc appro val conditiom; into com;~,. City of Winter Springs Ordinance No. 2003-04 Page 13 of 15 4 ...:~ DRAFf 3-5-03 Sec. 9--396.11. Pena'" fur y iolation. Violation of this di~ion shaH. constitute a rnisdem.GMtOI of the second dcgtee. Notwithstanding the critninal penalty ptovidcd fur hetein, the crt, may obtain an injtmction 01 OthCI kgal equitable relief in the ciIcnit com against.my pason violating this Ordinance. Sec. 9~396.12. Appt:al. Any person aggric.vcd by any portion of this di~ion shaH appca:l ditc.etly to the, dry eommis5ion. To file an appeal, an individual nn:JSt :file an applie,ation with the cit} manager al1d submit sneh iIrfonmtion and doctJ1llCntation with said applkation as may be Icqtrircd by the city rnanagGI. The city Inanage.r shaH.make a dcteHuination as to the sufficiency of thc a.ppJic..ation. An appliGation fOr ~ must be filcd with the city manager ~ithill thirry (30) days of any action takcn by the city for which a ~son is ~iGvcd. Section 4. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent orclinances 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 5. Incorporation Into Code. This orclinance shall be incorporated into the Wmter Springs City Code and any section or paragraph number or letter and any heading may be changed or IOOdified as necessary to effectuate the foregoing. Section 6. Severability. Ifany section, subsection, sentence, clause, phrase, word or provision of this orclinance 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 orclinance. Section 7. Effective Date. 1bis Ordinance shall become effective innnediate1y upon adoption by the City Commission of the city ofWmter Springs, Florida, and pursuant to City Charter. [signatures on next page] City of Winter Springs Ordinance No. 2003-04 Page 14 of 15 .. ,,. .,. ~ DRAFT 3-5-03 ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular meeting assembled on the _ day of , 2003. ATTEST: CITY OF WINTER SPRINGS, FLORIDA ANDREA LORENZO-LUACES City Clerk JOHN F. BUSH Mayor Approved as to legal form and sufficiency for the City of Winter Springs only: ANTHONY A. GARGANESE City Attorney First Reading Posted Second Reading and Public Hearing D:\MUNICIPAL\Winler Springs\Ordinance\Poliu. Fire and Parks lmpacl_Fee.wpd City of Winter Springs Ordinance No. 2003-04 Page 15 of 15 <. CITY OF WINTER SPRINGS, FLORIDA 1126 EAST STATE ROAD 434 WINTER SPRINGS. FLORIDA 32708-2799 Telephone (407) 327-1800 Ronald W. McLemore City Manager 5~~~(05 '--r~<; A<)~~ ~ k~~\ C) '--'''- /"-- 3/l0( Z;)5 LA-'-~ '"'"'\\ I \ I () {( rvLGc~~~\ '- MEMORANDUM TO: Mayor and Commission Ronald W. McLemore, City Manager r FROM: DATE: March 10, 2003 SUBJ: Impact Fees The City Attorney, representatives from L.D.I. and I met this morning to do some fine tuning to the proposed impact fee ordinance. These refinements resulted in some additional ordinance language and minor changes to the rates. Below is a table of current rates, rates proposed by the study, and final proposed rates. Fees are noted in either pu (per unit) or psf (per square foot). Current Staff Recommended FirelRescue Residential FirelRescue Non-Residential Police Residential Police Non-Residential Parks Residential Parks Non-Residential $103.63 pu $0.28 psf $215.83 pu $0.41 psf $300.00 pu $0 $0.086 psf $0.35 psf $0.113 psf $0.30 psf $0.834 psf. $0 FISCAL IMP ACT: The final revised recommended impact fee is estimated to generate the following revenue through build out: FirelRescue Police Parks $4,099,918 $2,004,024 $1,500,353 (1) ~ The table below shows the impact of the final proposed fees on a 2,500 square foot home valued at $175,000. Current Impact Fee Proposed Impact Fee Police Fire Parks $215.83 103.63 300.00 $106.42 174.00 902.96 031003 Impact Fee Memorandum (2 ) " Attachment No.2 2003 DEVELOPABLE LANDS - UNADJUSTED RATE SCHEDULE Fire Impact Fee: Residential: $0.086 per sq-ft Non-residential :r:::jqi!,~( per sq-ft Residential: .. J9:,1..1,~.. per sq-ft Non-residential :/tl~:~tt1i~ per sq-ft Residential: $0.834 per sq-ft CREDITS $41.00 per DU $41.00 per customer $176.08 per DU $176.08 per customer $1,182.03 per DU Police Impact Fee: Parks Impact Fee: ASSUMPTIONS: Mixed Use: 50% ResidentiaV50% Commercial 2,500 sq. ft. average dwelling unit Town Center: 75% ResidentiaV25% Commercial Greenway: 2,000 sq, ft. average dwelling unit 25% Residential/75% Commercial 1,700 sq. ft. average dwelling unit 1) Residential credits based upon payment of impact fees in year 2003, with an average 2,500 square-foot house with a $175,000 value_ 2) Non-residential credits based upon payment of impact fees in year 2003 with an average 1,0 acre parcel, 3) FLUM Acreage from the Comprehensive Plan 3/10/2003 (3) " Attachment No.3 2003 DEVELOPABLE lANDS - ADJUSTED RATE SCHEDULE Fire Impact Fee: Residential: ......o.:,o.~,~, per sq-ft Non-residential'\)J),~{t per sq-ft Residential: ,....,9,:11}, per sq-ft Non-residential t::/P:ilM:: per sq-ft Residential: 0.834 per sq-ft CREDITS $41.00 perDU $41.00 per customer $176.08 per DU $176.08 per customer $1,182.03 per DU Police Impact Fee: Parks Impact Fee: ASSUMPTIONS: Mixed Use: 50% ResidentiaV50% Commercial 2,500 sq. ft. average dwelling unit Town Center: 75% ResidentiaV25% Commercial Greenway: 2,000 sq. ft. average dwelling unit 25% ResidentiaV75% Commercial 1,700 sq. ft. average dwelling unit 1) Residential credits based upon payment of impact fees in year 2003, with an average 2,500 square-foot house with a $175,000 value, 2) Non-residential credits based upon payment of impact fees in year 2003 with an average 1,0 acre parcel, 3) FLUM Acreage from the Comprehensive Plan (4) FIRE IMPACT FEE SUMMARY .. Fire impact fees include both a residential and a non- residential component as both land uses place demands on fire public services. Fire impact fee amounts were calculated based on historical capital improvement expenditures by the City of Wmter Springs necessary to provide the current level of service standard. Based upon the historical expenditures, the justified base fire impact fees are: Residential: Non- Residential: $0.086 per square-foot $0.948 per square-foot Oedits applied to the base fire impact fee are owed to new development to offset payments new development will occur in the form of Personnel Service Taxes and Franchise Fees (PST/FF) which are then used to retire previous bonds floated by the City of Wmter Springs to finance past fire capital improvements. These annual fees are paid out over the life of the bonds. As such, a single credit is applied to the calculated fire impact fee on a per customer basis. TIlls credit is equal to the present day value of the StUll of all annual PST/FF collected over the life of the bonds and is dependant upon the year in which the impact fees are paid. The following represents the total credit amount due for fire impact fees paid over the next five years (credits were only determined for the next 5-years as the impact fees would then require re-evaluation). I Impact Fee Pay:ment Year Total Credit Due , I 2003 $41.00 2004 $39.87 2005 $38.64 2006 $37.34 2007 $35.94 . Credits have been determined through 2007. A reassessment of the impact fee should be provided prior to 2007. Based upon the projected fire service needs through estimated build-out of the City of Wmter Springs, the City's Fire Department has decided to provide a Non-Residential Fire Impact Fee discount of 65.61 %. 1his discount is being applied such that the projected fire impact fees collected, based upon the amount of remaining developable land within the City, is more in line with the anticipated capital expenditures necessary for fire services and to arrive at an impact fee amount consistent with the surrounding jurisdictions. The following is an example of a fire impact fee calculation: Residential Fire Impact Fee paid in 2003 based upon 2.500 sq-ft house (2,500 sq-ft) ($0.086/ sq-ft) - ($41.00) = $174.00 (Note if the impact fee is paid in 2004, the total credit would be $39.87 and the resulting fire impact fee for a 2,500 sq-ft house would be $175.13) Non-Residential Fire Impact Fee paid in 2003 based upon 10.000 sq-ft building ((10,000 sq-ft)($0.948/sq-ft)(34J9%)) - ($41.00) $3.219.17 (Note if the impact fee is paid in 2004, the total credit would be $39.87 and the resulting fire impact fee for a 10,000 sq-ft building would be $3,220JO) (5 ) POLICE IMPACT FEE SUMMARY Police impact fees include both a residential and a non- residential component as both land uses place demands on police public services. Police impact fee amounts were calculated based on historical capital improvement expenditures by the Gty of Wmter Springs necessary to provide the current level of service standard. Based upon the historical expenditures, the justified base police impact fees are: Residential: Non- Res idential: $0.113 per square-foot $1.777 per square-foot Credits applied to the base police impact fee are owed to new development to offset payments new development will occur in the form of Personnel Service Taxes and Franchise Fees (PST/FF) which are then used to retire previous bonds floated by the Gty of Wmter Springs to finance past police capital improvements. These annual fees are paid out over the life of the bond. As such, a single credit is applied to the calculated police impact fee on a per customer basis. 1his credit is equal to the present day value of the sum of all annual PST/FF collected over the life of the bond and is dependant upon the year in which the impact fees are paid. The following represents the total credit amount due for police impact fees paid over the next five years (credits were only determined for the next 5-years as the impact fee would then require re-evaluation). Impact Fee Paxment Year Total Credit Due I 2003 $176:08 2004 $169.77 2005 $163.02 2006 $155.79 2007 $148.05 . Credits have been determined through 2007. A reassessment of the impact fee should be provided prior to 2007. Based upon the projected needs through estimated build-out of the Gty of Wmter Springs, the Gtis Police Department has decided to provide a Non-Residential Police Impact Fee discount of 90.77%. 1his discount is being applied such that the projected police impact fees collected, based upon the amount of remaining developable land within the City, is more in line with the anticipated capital expenditures necessary for police services and to arrive at an impact fee amount consistent with the surrounding jurisdictions. The following is an example of a police impact fee calculation: Residential Police Impact Fee paid in 2003 based upon 2,500 sq- ft house (2,500 sq-ft)($0.113/sq-ft) - ($176.08) $106.42 (Note if the impact fee were paid in 2004, the total credit would be $169.77 and the resulting police impact fee for a 2,500 sq-ft house would be $112.73) Non-Residential Police Impact Fee paid in 2003 based upon 10.000 sq-ft building ((10,000 sq-ft) ($1.777 /sq-ft) (9.23%)) - ($176.08) $1.464.09 (Note if the impact fee were paid in 2004, the total credit would be $169.77 and the resulting police impact fee for a 10,000 sq-ft building would be $1,470.40) (6) PARKS IMPACT FEE SUMMARY Parks impact fees include only a residential component, as non- residential land uses do not place demands on park public services. Park impact fee amounts were calculated based on historical capital improvement expenditures by the Gty of Wmter Springs necessary to provide the current ~evel of service standard. Based upon the historical expenditures, the justified base park impact fee 15: Residential: $0.834 per square.foot Credits applied to the base park impact fee are owed to new development to offset payments new development will occur in the form of Personnel Service Taxes/Franchise Fees (PST/FF) and voter debt service applied as a specific millage assessments which are then used to retire previous bonds floated by the Gty of Wmter Springs to finance past park capital improvements. These annual fees are paid out over the life of the bonds. As such, a credit is applied to the calculated park impact fee on a per customer basis. The total credit is equal to the present day value of the sum of all annual PST/FF and millage assessments collected over the life of the bonds and is dependant upon the year in which the impact fees are paid. The calculation of the Parks Credit is composed of two parts 1) a PST/FF Credit and 2) a Millage Credit. The following describes both parts of the parks credit amount due for park impact fees paid over the next five years (credits were only detennined for the next 5-years as the impact fees would then require re-evaluation). 1) PST /FF Credit: The PST/FF credit is a fixed credit amount depending on the year the impact fee is paid and is equal to the amount indicated below. ImpactlFee PST/FF Payment Year Credit I 2003 $639.13 2004 $630.55 2005 $621.37 2006 $611.54 2007 $601.03 . Oedits have been determined through 2007. A reassessment of the impact fee should be provided prior to 2007. 2) Millage Credit: The Millage Credit is dependant upon the residential property value and is calculated as follows: A Detennination of Average Property Value per Residential Square-Foot. The average property value per square- foot shall be detennined on January 1 of each year in which the impact fee is to be paid using data provided by the Seminole O:>unty Property Appraiser as follows: 120% of the total assessed value of all residential property within the Gty of Wmter Springs, Florida divided by the total residential square-footage within the City of Wmter Springs, Florida. * 120% of the assessed value is being used as the Property Appraisers assessed value is typically 80% to 85% of the fair market value for a property. ( 7) B. Calculation of Millage Credit associated with the Limited General Obligation Bond - Series 2002. The following formula shall be used in the calculation of the millage credit. (Building Sq-Ft) x (Ave. Property Value per Sq-Ft.) x (Millage Rate) x (present Day Factor) Where: Building Square-Footage = Square- Footage of proposed residential dwelling; Ave. Property Value per Sq-Ft. = Determined pursuant to Section A above; Millage Rate = 0.25 as associated with the Limited General Obligation Bond - Series 2002; Present Day Factor = See table below. I Beginning PaYl!nent Year Present Day Factor - i I 2003 12.40904 2004 12.27767 2005 12.13711 2006 11.98671 2007 11.82578 The total park credit due is equal to the sum of the PST IFf credit and the Millage credit. Upon determination of the total parks impact fee credit, the parks impact fee due is calculated as follows: Parks Impact Fee = (Building Square-Footage) x (Impact Fee Rate) - (Total Credit) The following is an example of a paoo impact fee calculation: Residential Park Impact Fee paid in 2003 based upon 2.500 sq-ft house 1) PST/FF Credit is $639.13 2) Millage Credit (Asswne Average PropenyValue perSq-Ft. of $70.00) = (Bldg. Sq-Ft) x (Ave. Prop. Value/Sq-Ft.) x (Millage) x (present Day Factor) = (2,500 sq-ft) x ($70.00/sq-ft) x (0.00025) x (12.40904) $542.90 3) 4) Total Parks Credit Due = Calculate Impact Fee $639.13 + $542.90 = $1.182.03 (2500 sq-ft) x ($0.834) - ($1,182.03) $902.97 (8 ) IMPACT FEE COST y~ . .,:-" "'F'!.i. ,.JTEMS:".,,- " __ 'eOLICE'" '~',: ' ::-.~ 11RE:i-~; ;b~L -PARKS ,. 'policeVeh.icles:&. Equiprrrent ,- -, ~" -- "." '_ $959;0@O~ 2p:~ts~nir~[;tg_ql]ip1)leI)otL=.,:_ 94, OOO--~~_~/~- j 'RatIar~_[a~its' - ~~'~ ::"- -",-:-,,- - - ,:__,S'ij.,QQ(r~: -~:" :~:'~:JJ '~~~ci~-C~iner~s~ J, 0, - -, <~:; '< :!~tP~OOg -,' - :-~: ._,- ProI#erty/B"iueniQtfBqu.'ipmenr -, ' ' '''_ J6,000~ .. ,,' ~ :' -iF, . .~tA;;' ~ IT TI:~ ~ ~_ -i: ~_=. :_~~~_ _ -' , . ,_ .~ ~ ~ ~ ~..~ _~ <.. '" bnS;Q"'" 4: . ~~ ~ , 'plilI-tUJ.IiIe=-CJi;<"fpansl0n---- ~= -~- ~_d_~, ~ ff- :'~~, -- -r _,C ; , '- --~---~.:-~ --'--- ""...1"'_ ", vlJr~ ,~"': '::'J- ~~~~E~s/CommUnicatt~~~;I3quipa.leIit--. 239.000 ,c, ,:~ :,:'J;otil.l ,. , -- . ;$Ji99g~OOO' ,_ ' c-Fite:Statiorl , . . ~~. ..~--, '--; ~:rowetTfuck " _;'" -':\l:::,..,J "_:,,. _ _ '__ - ;Piim"'etTruck :, '\.. ..-p~,^" ",' ,:_,~, ". lM~dicalTtanspoii Unit;, , ' .Tra1Qifig FacUitY' . TO'tat~,- ' :.-. ..." ~~,:-~~'~~g'gg~ " "' I '-.- -., ".. """ .: I .' :.3:50 000 ':'1 - ' " .', , , ' '::.'. Z50......-'.Q~.QO......~..... -'-:~:'l . :~~.i&~::~'.,~1 ,- +...,- ", '_.., $1500X)ob:-:~ --- [a~ IarrAt -"""";'-)' -~:,' ,..>'.:E;~-'j';7-:""3.' "::~~,:,:;1l-99"8~OOO:i;~"ii;',.;;', ',4")',00 000;., t'i . -1 '~O'O'.'o'.' .O'.'..o..'~,..:-:-: !.L;-O ,--'....,,-.-;,. -., (9) .j. TO: Ronald M~~e, City Manager Daniel Ke~hief of Police FROM: DATE: February 24, 2003 SUBJECT: Impact Fee Expenses During a review of projections for future growth it is anticipated that 22 new police officers, 1 school resource officer, 1 evidence technician, 1 code enforcement officer, 4 dispatchers, and 2 clerical personnel will need to be hired to meet the demands of future growth. Therefore, it appears that the Department will grow by at least a third during the next 7 years. Associated with that growth is a requirement for capital expenses for equipment and expansion costs. Listed below are the anticipated expenses but please keep in mind that there may be some expenses that we may not anticipate that are related to servicing a larger population. VEmCLES EACH TOTAL 22 vehicles fully equipped (radios, computers, $ 32,000 $704,000 modems, lights, and other emergency equipment 1 Evidence Technician Vehicle $ 35,000 $ 35,000 4 ATV (All Terrain Vehicles) to patrol and $ 4.500 $ 18,000 respond on extended trail system - includes equipment 1 Code Enforcement Vehicle fully equipped $ 20,000 $ 20,000 1 Command Post Vehicle (to respond to $150,000 $150,000 expanded population - emergency events and planned events 1 School Resource Vehicle $ 32,000 $ 32,000 TOTAL $959,000 (10) PERSONAL EQUIPMENT FOR ADDITIONAL PERSONNEL EACH $ 4,000 $ 1,500 TOTAL $ 88,000 $ 6,000 22 Officers - vests, weapons, portable radios 4 Dispatchers - equipment, headsets, chairs, etc. TOTAL $ 94,000 CAPITAL EQUIPMENT FOR EXPANSION EACH TOTAL 15 Computers $ 4,500 $10,000 $ 500 $ 67,500 $ 10,000 $ 1,500 $160,000 1 Dispatch Console 3 Desks and office equipment Computer System Upgrade $160,000 TOTAL $239,000 BUILDING EXPANSION AND RELATED EQUIPMENT EACH TOTAL Storage facility for property and equipment $110,000 Complete construction costs (to include complete 50 X 50 Building $110,000 Indoor range facility (members currently use Geneva Range - 4 $265,000 Times a year salary costs are $25,000 plus range fees of$870 per year $150,000 $265,000 Building expansion for growth $150,000 TOTAL $525,000 ADDITIONAL SUPPLEMENTAL EQUIPMENT EACH TOTAL 22 In car cameras $ 2,500 $ 5,000 $16,000 TOTAL $ 55,000 $110,000 $ 16,000 22 Radar units for additional officers Property and evidence processing equipment $181,000 GRAND TOTAL $1,998,000 (11 ) TO: FROM: RE: DATE: Winter Springs Fire Department 102 North Moss Road, Winter Springs, Florida 32708 Telephone 407.327.2332 Fax 407.327.4750 MEMORANDUM Ronald W. McLemore, City Manager Timothy J. Lallathin, Fire Chief ~~ I ~ Fire Rescue Services Impact Fees 2/28/2003 The following represents anticipated impacts associated to growth for fire and rescue servIces: . Fire Station located within the SR 434/Tuskawilla Road area. The fire station would be built to town center standards and at build out would be capable to house four response units including relocation of administration, $2.5 million dollars including furnishings and equipment. . Phase I - Tower Truck (ladder and eievated stream capable) located at the new fire station with a minimum of four firefighters, $650 thousand dollars including equipment. Included in phase I would be relocating the Battalion Chief to this station with no fiscal impact. . Phase II - Medical Transport unit with heavy rescue capability located at the new fire station with a minimum of two personnel, $250 thousand dollars including equipment. . Phase III - Engine located at the new fire station with a minimum of three firefighters, $350 thousand dollars including equipment. . Training and storage facility at the new public works compound, $350 thousand dollars. These items represent a total impact of $4,100,000. The revenue generated for fire rescue impact fees should be sufficient to maintain the current level of service with the new proposed impact fees at the adjusted rate schedule. (12) ~ t . CITY OF WINTER SPRINGS, FLORIDA 1126 EAST STATE ROAD 434 WINTER SPRINGS, FLORIDA 32708-2799 Telephone (407) 327-1800 MEMORANDUM TO: Ronald W. McLemore, City Manager FROM: Chuck Pula, Parks/Recreation Department SUBJ: Parks Improvements eligible for Impact Fee Funding DATE: March 10, 2003 Central Winds Park Expansion Improvement, Restroom, office, storage building, parks maintenance storage building, trail connection, walks, lights, dugouts and fences, bleachers, land acquisition, grading and drainage, field improvements. Total: $1.5 Million. (13)