HomeMy WebLinkAbout2003 03 24 Public Hearings B First Reading - Ordinance 2003-04 Impact Fee
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032403 Commission Meeting
Public Hearing "B"
Ordinance 2003-04 Impact Fees
COMMISSION AGENDA
ITEM B
Consent
Informational
Public Hearing X
Regular
March 24, 2003
Meeting
Mgr. ~ Dept.
Authorization
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.
PURPOSE: This Agenda Item is needed to implement revised Police and Fire Impact
Fees and to establish a new impact fee to pay for expanded facilities and equipment
required by growth.
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 square feet based upon square footage.
On March 10, 2003 the Commission was provided with updated information and
refinements to the proposed ordinance, and an opinion from the city attorney that the
square footage basis was a defensible method that would meet the legal test established
by the Courts.
All the minor adjustments to the ordinance handed out at the March 10, 2003 meeting are
included in this Agenda Item.
032403 Commission Meeting
Public Hearing "8"
Ordinance 2003-04 Impact Fees
Page 2 Of2
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
FireIRescue 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 IMPACT:
The final revised recommended impact fee is estimated to generate the following revenue
through build out:
FirelRescue $4,099,918
Police $2,004,024
Parks $1,500,353
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
FUNDING: No additional appropriations required.
RECOMMENDATIONS: It is recommended that the Commission adopt Ordinance
2003-04 as provided herein.
ATTACHMENTS:
1. Ordinance Number 2003-04
2. Pages 4, 5, 6, 7, 8, and 9 ofthe March 10,2003 City Manager Memorandum.
3. Agenda Item of March 10,2003 (without attachments)
4. Agenda Item of February 24,2003 (without attachments)
COMMISSION ACTION:
ATTACHMENT (1)
Ordinance Number 2003-04
Sent By: BROWN,WARD,SALZMAN&WEISS,P.A.; 407 425 9596;
Mar-19-03 1 :33PM;
Page 2
DRAFT 3-JII-03
ORDINANCE NO. 2003-04
AN ORDINANCE OF THE CJTY COMMISSION OF THE CITY
OF WINTER SPRINGS, FLORIDA, AMENDING THE CODE OF
ORDINANCES CHAnER 9, ARTICLE Vlll, IMPACT FEES, BY
REVISING POI,ICE AND FIRE JMPACT FEES AND
ESTABI.ISHING IMPACT FEES FOR PARKS AND
RECREATION; MAKING SEVERAL CONFORMJNG
AMENDMENTS TO ELIMlNA TE REDUNDANT CODE
SECTIONS; ADOPTING SEVERAL PROCEDURAL
AMENDMENTSAPPLlCABLE TO THE PAYl\1l!;NTOF JMPA(.'T
FEES; PROVJDING }'OR THE REPEAL OF PRIOR
INCONSISTENT ORDINANCES AND RESOLUTIONS;
PROVIDING FOR INCORPORA nON INTO THE CODE;
PROVIDJNG }l'OR SEVERABlLfIY; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the City Commission ofthe City of Winter Springs, Florida, has previously found and
determined it to be in the best interest of the safety, health, and welfaTe of the citW:ns of the City of Winter
Springs to establish police, fire and other impa(.,1 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. ("LOI") to complete the study and prepare a report on the adequacy of the City's
current police, fireJrescuc and paTks 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, FireIRescue and Parks & Recreation," dated November 2002
("Report"); and
WHEREAS, the City Commission hereby finds that the Reporl It:gally justifies the continued
imposition of revised police, fire/rescue and parks and recreation impaet fees pursuant to applicable law. See,
e.g., Vo/usia County v. A herdeen at Ormond Beach, 760 So. 2dl26 (Fla. 2000); Contractors and Builders
Association (if Pinellas County v. City ofDrmedin, 329 So. 2d 314 (Fla. 1976); Waldv. Metropolitan Dade
County, 338 So. 2d 863 (Fla. 3d DCA 1976); Hollywood, Inc. v. Braward COlmly, 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
CilY of Wimer Springs
Ordinancc No. 2(}(l3-o4
Page 1 of 19
Sent By: BROWN,WARD,SALZMAN&WEISS,P.A.j 407 425 9596;
Mar-19-03 1 :33PM;
Page 3
DRA..,. ].JII-UJ
WHEREAS, the City Commission also finds that the impact fees required by this Ordinance arc
necessary to mitigate impacts reasonably attributable 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 of the cost of expanding new public
facilities 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 ratesl 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, fu'elrescue, and parks and recreation impact fees and procedures.
NOW, THEREFORE, THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS
HEREBY ORDAINS, AS FOIJ...OW8:
Section 1. Recitals. The foregoing recitals are hereby incorporated hertrin by this reference.
Section 2. Code Amendment, Chapter 9~ Article VITI, Division 3. The City of Winter Springs
Code, Chapter 9, Article VITT, Division 3~ is hereby amended as follows (underlined type indicates additions
and strikeout type indicates deletions):
ARTICLE Vw. TMPACTFEES
* ;I; .
DIVISION 3. POLICE. FfRE. AND PARKS AND RECREATION
PUBLIC SAFETY If'ACILITIES
Sec. 9-391. Police pl1blie sa&t)I ltupad fee. G1:ncrally.
[Police public safety impact tee prnlli~inn$ are !etforth he~.in ~ ;)o(;tions 9~J91.1 tIll o...,gl. 9 391:l-r.J
The city commission hereby establishes police. tIre. and. parks and recreation imDRct 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
tills division is consistent with that mandate. In addition. Section t 63.3202(3). Florida Statutes.
City of Winter Springs
Ordinance No. 2003-04
Page 2 of 19
"
Sent By: BROWN,WARD,SALZMAN&WEISS,P.A.; 407 425 9596;
Mar-19-03 1 :34PM;
Page 4
DRAJ.T 3.10-03
en~urages the use of innovative land development rce:ulations which indudcs the adoption of
uimoact fees." Further. new land development activit;):' generates public facilitv and service demands
within the City and it is reasonable to require new development to pay a fair share of the cost of
expandin new lic facilities and services attributable to new develo ment. TIns division is enacted
oursuant 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 charge~ for new development.
Sec. 9-391.1. Levy and purpose.
For the purpose of helping to defray the cost ofnew or expanded police...Jire. and park.~ and
recreation facilities and equipment attributable to new construction within the city limits, impact fees
are hereby levied on new constmction within the city limits in accordance with the provisions of
section 9-391.5, payment offees, and other provisions ofthis division. This division is intended to be
consi~1ent 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 iustification for. the
impact rees adollled under this ctivisiolL lhe oilY commission hereb)( adopts by reference the ~on
prepared by Land Desiun Innovations. Inc. entitled. "City of Winter Springs Impact Fee Anal sis
Report for Police. FirelRescue and Parks & Recreation." dated November 2002.
See. 9-391.2. Definitions.
Unless otherwise specified herein, the definitions, classifications and uses shall be as set forth
in the City of Winter Springs Land Development Code.
W Building permit: Any building or construction permit required under the Winter Springs
Building Code, Chapter 6 of this Code.
(P) Fire public safety faciliLies capital improvements: The land, building, facilities vehicles and
e<D1ipment necessary for the fire. deoartment of the citv to provide :firefi~hting and fire protection
services and paramedic services to the citizens of Winter Sprin~.
&l 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 to.....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
Pllge 3 of 19
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Cd) Parh and recreation facilities capital improvements: The land. buildings. facilities. vehicles,
and equipment necessaty for the parks and recreation department of the city to orovide parks and
recreation services to the citizens of.Winter Sorinl!s.
~ 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 of Winter Springs.
ill Residential: Includes single-family dwellings, multifamily dwelling units, mobile homes,
accessory dwelling units, accessory residential structurcs.
See. 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 divisio~ and
(4) Temporary activities and uses including, but not limited to temporary constru<.1.ion
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 addi4.on. nonresidential development shall be exemDt from parks and recreation impact
fees.
City ofWinlcr Springs
Ordinance No. 2()03-o4
Page 4 of 19
Sent By: BROWN,WARD,SALZMAN&WEISS,P.A.j 407 425 9596j
Mar-19-03 1 :34PMj
Page 6
DRAFl' 3-10-03
Sec. 9-391.5. Payment of fees.
(a) Time of payment. The impact fees required to be paid under this division shall pol-ice public
saf~t.Y facilitk5 M i., to be paid prior to or in conjunction with the issuance ofa building pennit. but
in no case shall the building pennil be issued until all outstanding impact fees are.Qaid in full to the
~
(b) Method of payment. Impact fee:s .shall be paid in cash unless the city commission. at its sole
and absolute discretioI1 specifically accepts an in-kind contribution of land or capital facilities for
public use which is rea..onably related to the puroose of thc credited imoact fee. Credit for any
in-kind contribution shall be on a twr mal'ktrt 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 rontribution
shall be based upon an appraisal of its highest and best use then allowed under ~ the city's current
land use and zoning designation~. The appraisal shall be performed by a certified appraiser. licensed
to do business in Florida. acceptable to the city. Such appraisal shall he paid for by the donor. No
credit will be lUanted pursuant to this section unless the contribution of land or capital facilities for
public use has been or will be included in the capital asset inventory of the dep~ent of the city for
which the imoact fee is imoosed.
(c) Amount of fee. The following impact fees are hereby adopted: The polke public, safety
Ardlitic5 to be paid prior to 01' hl o..Jnjunction ~ith t::h~ iSSUM;: vf 4 buildins pelll~l 'shall be. levied
based '-JpOl1 tIle fi.,llo~in~ fOJhlu:la 81ui in tl,," follOM1,p' 8htOUhtS.
(I) R'C.skdehtiai.
t€*I x RC)fR.DU - Cost per dwelllhg uuit.
(2) Non-rtgid,"ntia:l.
(CAr x NC)/NSF - Cost pCI sqUaJ e root of l...~n-I <,;;)jdentiaJ de"e!OYIIl"'ul.
CAl 11
R(: ...
NC
RDU -
NSf' ""
Cctpit..d U3Ct itt\lcntul y.
PerGenllesidehtial c:aH!-:-
Percentage ofhou1e~;dentim Cldls.
Number ofl..,,,;dential dvve~ '-Jlhts
Non-I esidentia:l squaJ Co footcto... eN on-residential roe sl.aH be
levied upon that pOl t:on of! strllctrh e which is das~ifjed as
nonresidential).
City or Winter Springs
Ordinance No. 2003~()4
Page 5 of 19
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Mar-19-03 1 :35PMj
Page 7
DRAFT 3-10-03
(1)
Fire:
(i)
(ii)
Residential:
Non-residential:
$0.086 per square loot.
$0.326 per SQuare foot.
However. a credit shall be deducted from the calculated base fir~ impact fee to offset
pavrnents which new development will incur (in the form of personal service taxes and
franchise feal;) to retire outstanding City of Winter S"rings bonds which were used to finance
past fire capital improvements as follows:
Impact Fee Payment Y car Total Credit Due
2003 $41. 00
2004 $39.87
2005 $38.64
2006 $37.34
2007 $35.94
· CceditJ; h~ been lklN'rniut=d um111s)l'lJ)(j7. A. llellS,;.,ssmr.ot of lh~ imp,c;l fee .11({ ~...,dit sMUt,., provirl(,j POOL' ,... 2007.
(2)
Police:
(i) Residential:
(ii) Non-residential:
$0.1 13 per square foot.
$0.164 per square foot.
However. a credit shall he deducted from the calculated base police impact fee to offset
payments which new development will incur (in the form of personal service taxes ang
franchise fees) to retire outstanding City ,of Wmter Springs bonds which were used to
finance past police capital improvements as follows:
Impact Fee Payment Year Total Credit Due
2003 $176.08
2004 $169.77
2005 $163.02
2006 $155.79
2007 $148.05
· CICdits hllve been d..~It<IlJ~d throul!h 2007, /I. It:asscsslUf1It 01' the Unoll\;L fm :loll (:=lit shall be provide'" prior to 2007.
(3)
Parks and Recreation:
(i) Residential:
(in Non-residential:
$0.834 per square foot.
None.
City ofWintcr Springs
Ordinance No. 2003-04
Page 6 or 19
Sent By: BROWN,WARD,SALZMAN&WEISS,P.A.j 407 425 9596j
Mar-19-03 1 :35PMj
Page 8
DRAlI'T J.10-oo
However. a credit shall be deducted from the calculated base Darks and recreation impact fee
to oflset payments which new development will incur (in the form ofpersonat service taxes
and franchise fees) to retire outstanding City of Winter SDrings bonds which were used to
finance past parks and recreation capital improvements as follows:
Impact Fee Payment Year PST/FF Credit
2003 $639.13
2004 $630.55
2005 $621.37
2006 $611,54
2007 $601.03
· llidit\ h~vt: Uc:t:n dc:tenniued rhrouph 2fJ07. A _.r.Ji'"1e11t of thr. imp9c1 fer. md \:n:dit shall be Pl'nvidc~ prior to 2JXJ7,
An additional impact fee credit shall also be deducted from the calculated base Uarks and
recreation impact fee to offset payments which new development will incur to retire the Ci!y
of Winter SDrinQS Limited C'teneral Obligation Bond. Series 2002. which was used to 1inance
past parks and recreation capital improvements. This credit is dependent UDOn the value of
residemial propeny and is calculated usin9; the following fonnula:
@uilding So-H) x (Ave. Property Value Del' Sa-Ft.) x (Millage .Rate) x (Present Day
Factor)
Building: Square-Footage = Square-Footage of proposed residential dwellin12.
Ave. Pronerty Value per Sq-Ft.;;:; shall be detennined on January 1 of each year in which the
impact fee is to be paid using: data provid~d bv the Seminole County Property Appraiser by
taking 120010 of the total assessed value of all residential property within the City divided by
the total residential square-footage within the City.
Millage Rate = 0.25 or as otherwise r~uired to retire the Limited General Obligation Bond
- Series 2002.
Present Day Factor =
Bel!inniof! Pavrnent Year Present Dav Factor
2003 12.40904
2004 12.27767
2005 12.13711
2006 11.98671
2007 11.82578
City of Winter Springs
Ordinance No. 2003-04
Page 7 of 19
'I
Sent By: BROWN,WARD,SALZMAN&WEISS,P.A.; 407 425 9596;
Mar-19-03 1 :35PMi (
,
Page 9/20
DRA.F1' 3-1003
Sec. 9-391.6. Credits.
In addition to the discretionazv credits authorized bv the city commission under l>tx.1:ion 9.
39 I .5(bl :A:~ applicant for a building permit shall be entitled to a credit against future impact fees
assessed pursuant to this division for contributions, 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 fair market value of any contribution of land or capital
facilities for public use. The impact fee credit &pd the applicable contribution, dedication. or
improvements must be rea~nably related. The fair market value shall be determined as of the date
the city corrunission accepts the offer of such contribution. The fair market value of any land
accepted for credit offuture impact fees shalt be based upon an appraisal of its highest and best
use and then allowed under its the city's current land use and zonin.s..designation~. The appraisal
shall be performed bv a certified aporaiser. licensed to do business in Florida. acceptable to th~
t"ity. Such appraisaI shall be paid tor by the donor. No credit will be granted pursuant to this
section unless the contribution 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 pottee department of
the city fur which the impact fee is impos~.
Sec. 9-391.7. Establishment of a trust fund.
(a) The impact tees 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 Caoital Ex;pansion Trust Fund.
(3) Par~ and Recreation Capital Expansion Trust Fund.
(b) Use of Funds. The amounts in the impact fee police protection CApit<tl expa.'>:lioa trust
fund~ 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 shaU 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
Cily of Winter Sprin8~
Ordinat1Cf.l No. 2003-04
Page 8 of 19
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ORA.,. 3.10-03
authorizing an expenditure from anyone of these trust funds, the city corrunission shall determine
that:
(1) Such expenditure is for capital facilities 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 ~xpenditure 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~ fir~ and parks and recreation department~, which is ~ to receive fund!\
collected pursuant to this impact fee division~ shalt prepare and maintain a capital expansion plan
for its their respective individual funds which shall be for a period 01'00 less than one (1) year. The
~ Each 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 of police. public; safety fac:i:tities the impact fees paid hereunder may be allowed
upon application thereo( when it is determined that no construction under a building pennit 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 ofland which has received a building pennit may
petition the city commission for a vested rights dctennination which would exempt the petitioner
from the provisions ofthis 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 Winler Springs
Ordinance No. 20()j"()4
Page 9 of 19
Sent By: BROWN,WARD,SALZMAN&WEISS,P.A.; 407 425 9596;
Mar-19-03 1: 36PM;
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DRAYr 3-10.03
(1) There exists a valid, unexpired government act of authorUing 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 condition.c;; of approval by requiring the
developer to comply with the requirements of this divisiorr.~
law.
ill Common law principles of equitable estoppel and vested rights set forth in ~
(b) For the put])ose of this section, the following factors shall be considered in detennining
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"MaJ 14,
t996 November L 2002, after which day the adoption of the impact fees required by this
division was pending; and
(3) Whether the operation ofthis division would create an enOilOOtl5 inordinate
burden which would prevent petitioner from making a reasonable return on his invelrtment.
(c) The city shall not pennit the extension ofa 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 ;lJel vioe impact, police impact fees required by this division and their
designated uses, or contributions to the capital as:set. inventory of the poiiee respective
City of Winter Springs
Ordin"nce No, 2003..()4
Page 10 of 19
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ORAFT J-1G-03
department~, the developer or his successor may request a mocliflcation of such prior approvals in
order to bring the approval conditions into consistency with the reauirements 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
subiect to penaltY pursuanllo applicable code enforcement procedures. Notwithstanding the
criminal penalty provided for herein, the city may obtain an injunction or other legal Or equitable
relief in the circuit court against any person violating this division.
Sec. 9-391.12. Appeal.
Any person aggrieved by any portion of t!.i~ division ~hml administrative decision bv the
city ma~ appeal directly to the city commission. To file an appeal, an individual must file 811
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 detennination
as to the sufficiency of the application. An application tor 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 oft,b.e city commission on the application shall be final and subiect to iudicial review.
Section 3. RepeaJ Chapter 9, Article vm, 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 (~tJa..",out type indicates deletions):
DIVISION 4. FIRE PUBLIC SAFETY FACILITIES
SoX.. 9--396. Ph e ptiblic safe*, facilities impAd fee..
[fire public; met, impact roe plOv1Siol1s me ~ forth 1,e1ein as SOCt;01l5 9-396.1 th:.ouSh 9.396.12.]
St;(.. 9--396.1. ~ and POI po~e.
f'VI tllv ptupose of helpiIl~ to ddill.' tI,e C;051 of ne~ 01 expanded file fac;tities and
City of Willter Springs
OTdinance No. 2003-04
Page II of 19
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nRAFI'i-lll-0J
e.jU;lJu.ent attributable to fi''''' comttl1ction within the-dry limits, impact fe~s C1I e hClctJy It;v;od on
ftet'J COhsUuction with.dl the dt} limits in ~coldallce with tit\;; pH1visions of llection 9-)96.5, pa-ymenl
of L.." MId other provisions of thi~ dillis1on. This division is intended to be cOllsistGut vvith tile
principa:ls fv, a:llv...ai:U..s i'l fair $hat e oft:lx. ,ost of ne9Y publi, f~ilitie5 to .."w uSGf.5 M e~taLlished by
the Florida S11pl(,J.1C Court.
Sec. 9 396.2. Defil1itroll~.
Uni~s otherwise specified hereitt, the defillition~, dllSgU:~ions and.uses shall be as SGl h), th
in the City ()rWiuL~. Spri1lS~ Land DevdopIl'el,t Code.
DuHding pemlit. Any bWlding or COllstruction pe.l,~L required undo! the Vlihtel Sp.ings
Duilding Code, Chapter 6 of this Code:
Fi.", ptibHc safet) facilities capital illlprovements. -'fh"land, buildh'8, fadlities, vehidc..\ ~nd
equipment ncc;es.!I8:lJ for the fire departn,ent of the cit} to provide firef~ghti~ M'ld me Pi vtec:tion
seI vices Mid pB.1 a1llcdi" S~. v~ces to ti,e c;~lizC1lS ofWint~. Spl ihgS.
NomeS;dcl:ltiM. Includes (Ill land t15e5 hot otherwise specified M I (.ll:da..tia:l OJ ""-empted as
set f~Jth h.eh.,iu. Tl~" "ball include. but is not limited to d",'y care facititie~ residential care facilities
nursine. homes, bOaJ ding houses, home occupations, edtlCAtional fa.ci:liti05, jib! aries, cultural facilities:
d,urc;hcs, llil co!umc.rda-I ~6=, CliJ transient lodging ahd ~Jlt(;ltaihlhO'lt &ciHties except those. lItillich
Me lelllpvl<lI'y ill natUle, ~I aut01110tive faciiitie!l 4'.IIdfor Slmc;tur(',.!I, all mis-ceilallootls btlsifless uses
and set viGcs !l.d Ml industrilli I:15eS.
Re~identjal. me-Iudes sil,g1c-fAIl,Hy d~h..H:iu!:)", u,ull: family dw.;Hn,~ I:1I.;ts, hkvbik homes,
accessory d~e1ling units, accesSOl} ,,,,.\jdent.ial $trtlc:tllles.
See. 9-396.3. AppJiub.l.ty ClUJ "'Atnlptions.
This djv~~~ou 111ud1. appry to alllllew CUl1stIUctiOIl \lItitl,il, tIl\< ~~Ly li..l";l" except the following.
(1) C...pc\J.sion of a. resideutial dwelling unit not ccC4ting another dweHillg ul'lit, and
City of Winter Springs
Ordlna.tlCC No. 2003-04
Page 12 of 19
Sent By: BROWN,WARD,SALZMAN&WEISS,P.A.; 407 425 9596;
Mar-19-03 1 :37PM;
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DRAFT 3-1()..03
(2) RCll10deiing or robtlildl1~ of allY stwcture, and
(3) Construction tlndt.J QlI} b...Hding PCIlII;t oli~1a11y kB5t:l...cl during the.}ca.t 111 cceding
the effective date ofthis OIdi111i:Il<.e No. 488 (July 9, 1990], Itnd
(4) TempOlarj> Activities ahd t:lses including, bl:1t not IhlUtcd t{) l~IIII1VliU'y evnstruction
and tenlpola.t] COnlll1Crda:llttHusements, and
f.i) Public; Be! vice stru(;tuICS; and
(6) Publicly owned and operated b...;ld;1I5 01 Sl':t...Gt~I'S tlScd f.:>r gelll:laI'Sov~"uu~lltal
purposes (to i1,dude bat uvllimited to se~el, stt.1rmwllter, fire, grotllld tlcltilljJUilalion, solid
wat.te, pmks, rec.reatiou It.ud cultural pm poses), a:ltd
(7) Construction ll!sociated witl, raising animals, and
(8) Cvnstl uGtion I elatod to ~I ;",ultuI e.
Sec. 9~396.4. DetennillAtl.,n of fee amOtl4ts.
Impc!lct f~e$ shaH be. detCIJlI;'I....d ...,.1 le\-iewed at least e,,(., j vtl.". )eat in ac;cordancc witl. a.
detailed anaiysis'ofprojeaed oomLII..c;tion within tl,e city ful.its, the cost ohll'Y expanded OJ new
capital tadlities and cqtripment fVi .6..e pablic service [aGilities gencrMM hy such COll~t1 L1Gt;Vll add the
IlICoIIt.~ 0(11-: >vise available to m(:(.l ~..."t, costs. The ~t] OOm!h~",,~un may a1nlua:Uy adjust tin,
estabhshcd llllpacl ~(; rate; to reflect the dlMl~es hi the Go!l of retevMll capital fac.ilitie& a.ud
equipment. All chal.ges or adjrutrnents in the established imp8.Gt fee rates shml. he 11.adc by ordinal Ice
and shall apply om, to constmc;tion for which btIildi:ng PCIl..it:, we issued a:fle! the eff"",b.vc cbte of
such 01 d;UUIlC;C,
Sec. 9--396.5. PiIl}lllti1t offcts.
(a) Tint(. of ~lr}Illlellt. TI,e fire public safety facilities fee is to be'paid pi iOI to 01 ;." conjunction
l'v;th the Lssu&ic.. of a buil~ pellllit.
City of Winter Springs
Ordinance No. 2003..()4
PlIgc 13 of 19
Sent By: BROWN,WARD,SALZMAN&WEISS,P.A.; 407 425 9596;
Mar-19-03 1 :37PM;
Page 15/20
DlUJIT J-10-03
(b) M~lhod ofpA'}lment. 1101~<<'"'t ~s shall be. paid i1. ~I, ullkss the city (,onl1l1;56~Oh sp..,cificaHy
acce~t5 ~n in-land co..t. ;lJu.Gon vf land or alpHa) fad:litie! fur public; Me. Croiit K:',I Auy in~kind
cOlm Ibutu~JJ1 ~aU. be on ll. fa1~ Ihcukd val...e basis as oftht dd~ tk city coul1'llission accepts tI.", v.lfet
of 5tlch Cvllt"b...t1on. The; fau nlA'l1ket vMue of any Imld 4OCt.pled as lUl in~kind contiib\Jtion shml be
b".,ed upuJl lu. "ppraism of it!. highMt and best 1:1~ then a:Ho~ed uudel its current lMd use
designation. Such appJ aisal shaH be paid fOl b) the donor.
(c;) Alllount offr.". TIIG &~ prlblic safet} fadlities to bG p~d prior to 01 ill COl~UiI"t;on witla the
issua1110e of a buading pelll.it ~hal\ be levied based t1pon the fuHo'W'ing fommla ll:nd ill tho h')lIowing
llm(')unts,
(1) Residential~
(CAI X RC)fRDU" Cost p.... d~ellihg unit-
(2) Non-resid\1ul;ctl:
(CAT X NC)I:NSF Cost per Jqbare foot of l'IO(l-JI,.sidential devcloprbCI.t.
eAI
RC
NC
ROU
Nsr
-
Capital asset imelltolj.
Perccnt J.,,,;d:\;,lttiaf calls.
PeJc<lnta~~ ofllomc&dtutial caHs.
Numb,! ofles;Jl;ut~al d~ellin8 unitS':'
Nonrc:sido!ill1.ia:l $q1:4.d.... &utage (Non regid~ut;...d fee shall be
1\l~;...d upon that p"niol'l ora 5tJucture whid, is classified as
110m o!lidelatial).
...
...
Sec. 9-396.6. C. edits.
A11 It..,..,li\41ll fv. ~ building penult shaH be entitled to a (,1 edit af;aiJl~t ftltl.1re rmpaGt fe~s
assessed pU1suant to this OrdinanCl,; fiJr contributions, dedication!, "I improvemealls required b) the
cit, 01 through ag1GGmC11~ with the city as a condition ofc\Jl] devdopme,.t peilrnt by tIll; ",~ty Wid
$1rid cred~t shaH be, an alflount Gqual to the f~ ulcbket value of al,] Cvlih;bCltion of land Of ~pitdl
City of Winter Spri "gs
Ordinance No. 2003-04
Page 14 of 19
Sent By: BROWN,WARD,SALZMAN&WEISS,P.A.j 407 425 9596j
Mar-19-03 1 :37PMj
Page 16/20
DRAFT 3-10-03
fadliti~ MJ publi(;; use. TIle tair I11Iri:Gt ~a:lu(, sha:l:i be'det.enuined M ofthe datG the city conlm1M;ulI
~cepb the ofM of ~uch contriLution. The fair hlMJ..C.t va:l.u<:. 01'1111, land llCGepted IV! .....,Jit offL1ttue
lmpact fix! 311aJI be based UpOt1 an appraiMl or its lhghe!t and best W:e and then aJlo\'l\led under its
CUll ellt land u~' de3i~iatio... SUell appraisal s3ltd1 be paid fOl b} the dOllCl. No ....1 ~it ~;u be gnl1ded
pUt suaut to tiltS se<-tl()U urrle.55 tht; C01m ibution of land or capita:!. {aGilities fur public uS(. v.as made
hjtl~ the ycar pJeGedillc tile effe..,'tive date. l1ftJ.i$ Ordino'tnce No. 4788 [July 9, 1990J, and the
~1.t,jbYD.ol1 orland or c.apita:] fad:li~~ for pubic use ms beth 01 ""iff be included ill t1l\~ ",ap;tal aSSet
1Hvehto.] of the file dep.\ltUJwllt of the C~ of';l:ilJter Sp~
Sec. 9-396.'7. E!tablishment ()f a tl us! r.lIld.
(~) The impact fees coH...ctcd by the city purstlMl1. to this division shafl be k:e1Jt ..epuulte fiOIH
other revenue oftll~ ';t, ClUJ It c.'l.pital expa:JlSiOh (lust fi.md is h.eleby cralted: Fire ProtoctiOll Capital
Expansion Trust Fund-:
(b) Use offaudi). Tile "mom.t! ih the {i.", IJrotec.tioll capital e..-..pau!>iuu tlUst fund shall be lll>~
only fOf the purpose oontmned;., the t~tie ofsudl fund ~:nd fur no othe.t pu'l)V"e. Exptndittbes f~01h
the fund shaH be speci:fkaHy approved by the city G01"I.lli\jSS~uu aud shall be limited tv lIle
elCpaJ'lSiOIJ'cl.I.A{"";<ion of capimi fadlit;\rI> or eq l1ipment mack ncC<.sMr.'y b] tile new conm uGt;v II [. urn
wlIi"h the ftts were coHec.ttd or rej pJlncipaJ payments (indudins sittk;1I5 f...ud p~lents) on bOI.Js
to e.^}.Iulld or ac-quire 5udl fa.cili~(." VI ~uipme1il. Defore Iltltl\OJ iling an e'Xpenditure fi Olr\ any one of'
tlJt;l,e trust funds, tile city conmlissioll &ludl detelllline that.
(1) . Sa,ell exp~ndittl1e is Eo. <;apital facilities OJ equipmelit to be l1sed fur the purpose
contro.ncd in the tItle ofthe trust mnd fiom v.hich the acpenditore jg to be made, a1ld
(1) SUdlC;xpondituJe i/) u,adt> necesi'>/lIy by the new C(,I,structiOldiulll wJ.ic.li Sll\..h funds
'Wet e C(.lIcctcd, .!lnd
(3) Such expcndittue shaH l'CStl1t in a bc1u;.fil to the I,ew con!1.h.l...tioh huJU whidl ~3id
funds ~e1t collected:-
Set. 9-396.8. CApital expalui.,n plans.
City of Winter Spring!!
Ordinance No. 2003-04
Page 15 of 19
Sent By: BROWN,WARD,SALZMAN&WEISS,P.A.; 407 425 9596;
Mar-19-03 1 :38PM;
Page 17/20
DRAJoT J 10.03
The cjty's mG departmcllt, wl~"h;;II tu-recei'Ve funds oolle<;ted puHuant to this implic.l fee
ordimmce shall prepale and maintmn a capital expansion pJM. 1'01 its ihdividua:l fund" wh:c;h shaH be
for a period ofno less that, one (1) jca.,. The fire, d\')fl8rtment's plan shaH be leviewed and app10ved
by LI.., Gity OOIUhtl:$$ion at l~t ll:l'I1'ltlaH] dul;lI~ the budg~t lG\'ie~ process.
Suo 9 396.9. R<.funds.
Refunds offire public safety f~c;ilitiC5 fe~ pllid hereunder may be Mlowed upon appliution
thel:efor ~hen it is determined that no oonstruc;tioh unclel a building permit has"OCCUI1~, Bud the
boj:lding permIt ismed fur such constluction h~ expilcd 01 uti,..,. yy;se been cancelled.
8<<.9--396.16.' Vested .;ghts.
(a) A develope! or su<<e$!.\.h ~JI ~lLe,,,,,,,t of land ~hic;h has received A Dl.I:Jd;lIo p..,ullihnay
petition the city connnissiOh fol a vested J~gh~ dd""JI,:nation which wmdd {,Xtl1.pt the fJetit;v..el
nOIll the provis~on~ of tlhS division. Such petition sllml be eva:l'J(\kd Ly the at} lrttomey 81I<t--a
recommendation the. ""'"1 i:lubmittcd to the cit, comnrission based upOIl t1,.... foHo~illS cdte,;~.
(1) Ther ~ exi~u valid, unexpired $O\ocrtttHCllt ctt.t of ...utl.vrizing a specific dCvdopment
for which a deteuuirnrtion i" "Vl.lgllt.
(2) Expenditures or obhp,ations It1adC. or ihCUrn.d in reliance upon the autholi'.Jhg Cl.c;t
th.d.t CIIe reMollably equivalent to the ~s reqlJj,'e(f bj this dh~5;OII;
(3t- Th1rt it wOuld be iJl~uitable to de/I] tile p.;L;t;um;! the. opportunity to cohlplete the
pleviuu;:slj' BfJp.O~ed developll1ent under t1,{, oondihu,1O) of a:pp.oval by lequiril1~ tI,e
developer to compI, t;lliith the requirements of this dhiskll,.
(b) FOJ the J.ll.IlfJose of tld~ ~ion. the fuHowins ~ctors shall be oonMdered. in detenn:illillS
t;llih,thel it V\oould be ;.,eq.:b.tdbl... to deny the petitioner the Oppolt...n;t,y tv complc.te the l-'Icviously
approved development.
(1) Vlhether the injtll y ~$ered by the petitioncl ot'lt~eighs the public rooSt of allOwing
City of Winter Springs
Ordinance No. 2003-04
Page 16 of 19
Sent By: BROWN,WARD,SALZMAN&WEISS,P.A.; 407 425 9596;
Mar-19-03 1 :38PM;
Page 18/20
DRAFT J.10 03
the dC\'clopmcnt to 80 f\)j; ""aid VV;t1lv~t }J"YIU\'!lL vfthe fee requited by tills division,
(2) \Vhethcr the ~""'"~ or obligations were Inade 01 LUGtllIed ~uf;,5equcklt tv May 14,
1990, atte, which Jay tIle Mloptivn of this Ordinance was p~ndhlg, &ld
(3) Vlhether the operation of this div1siox. would CIGate an erroneous bUlde.r. ",,1,;,,1,
would prevent pcticioher &om makins a reasommle let~m on his mve;5tllleJIt.
(G) The. city "hw) !lvt p"'lU~t the extension of a. buildins P~lllIjt beyond the j"itial time fur
activation withol1t the applicallt (;0J11pfy~1:) ",,~tll dais OJdiniUlCC.
(d) If a. pJCviotlsf] .aPjJIOV~ development order or OtlM b';udiu~ agreement <XlJl1:mhed
conditions regarding fire. Se1 v ice impacts, fit ~ imp&.t [eM and their designated me~, M C(I"b ;btltions
to the G4pltld asset ihventory of the iii{, dGpartmellt, Lbo" d~~~lvper or his 5UCCG!SOI bIlly request a.
modification of ~uch pilar approvals in ord<.r to bl hag tIle approval conditions into consiM<.ncy.
Sec.. 9-J~6.1l. Penalt, Yo. "iola.tiolt;
Violation of th;~ division sh.!!i con!trtute a nlisdeM('Mlor of tho:.. "wvud degree.
NotwithstiUlding the crnllil,al pehalty p!cv';d~ I\"J l'l;',ein, the city may obtain an injunction vr other
legal equitable !Gnefih the circuit court against !11Y person vio~ t1";!I Ordinance.
See. 9..3~6.12. Appeal.
AT1j pCI son a.e.8I~~n"d L} an} portiol! of thi., di v ;sion slmU appem db ectly to tll~ cit)o
col1l1nission. To file an appeal, an individual must file &1 application with tIle Gity manager and
;)ulm";t stich information and dOCt%l,lentation with said appticld:ion as may be Jeqmred by the "ily
lUAliagwl. 'fh~ "';ty mallager shaH mc!ke a dctclmi:natiu!I = to tL~ "ufficiehCiJ of the app1icatiOIl. .Ail
application for appea:llUu~t be fikd with the city fl1anager within thirty (30) da}t3 of c'I:ny IlGtivlI taker.
by ttiO ci~ for which a person isltSSliC\-ed.
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
Cily or Winter Springs
Ordinance No. 2003-04
Page 17 uf 19
Sent By: BROWN,WARD,SALZMAN&WEISS,P.A.j 407 425 9596j
Mar-19-03 1 :38PMj
Page 19/20
ORA.,. J to-03
conflict herewith, arc hereby repealed to the extent of the conflict.
Section 5. Incorporation Into Code. This ordinance shall be incorporated into the Winter
Springs City Code and any section or paragraph number or letter and any heading may be changed or
modified as necessmy to effectuate the foregoing.
Section 6. Severability. Tfanysection, 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, di!ltinct
and independent provision, and such holding shall not affect the validity of the remaining portions of this
ordinance.
Section 7. Effective Date. This Ordinance shall become effective immediately upon adoption
by the City Commission of the City of Winter Springs, Florida, and pursuant to City Charter.
ADOPTED by the City Commission ofthe City of Winter Springs, Florida, in a regular meeting
assembled on the _ day of , 2003.
A TrEST:
CITY OF WINTER SPRLNGS, FLORIDA
ANDREALOREN~LUACES
City Clerk
JOHN F. BIlSH
Mayor
City of Winter Springs
Ordinance No. 2001-04
Page 18 of 19
Sent By: BROWN,WARD,SALZMAN&WEISS,P.A.; 407 425 9596;
Approved as to legal fonn and sufficiency for
the City of WiQter Springs only:
ANTHONY A. GARGANESE
City Attorney
First Reading
Posted
Second Reading and Public HearinL
F:\Don\Cily orWlnkr SPriD&.\OrdinaD"",UQ1p1lct Fco\1mpact_F,.,.wpd
City of Winter Springs
Ordinance No. 2003-04
Page 19 of ]9
Mar-19-03 1 :38PM;
Page 20/20
ORAFT 3-10-03
ATTACHMENT (2)
Pages 4, 5, 6, 7, 8, and 9
of the
March 10,2003 City Manager
Memorandum
2003 DEVELOPABLE LANDS - ADJUSTED RATE SCHEDULE
Attachment No.3
$0.00
$177,794.79
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
Fire Impact Fee:
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:
Residential: 0.086 per sq-ft
Non-residential Htg~~~ per sq-ft
Residential: 0.113 per sq-ft
Non-residential iM:P.111t per sq-ft
Residential: 0.834 per sq-ft
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 dwelfmg 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-resldentlal 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)
$13,544.55
$565,710.71
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
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. amoWlts 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 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 Gty 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. This credit is equal to the
present day value of the sum 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 detennined for the
next 5-years as the impact fees would then require re-evaluation).
· Oedits have been determined through 2007. A reassessment of the impact fee should be provided prior to 2007.
Based upon the projected ftre selvice needs through estimated build-out of the Gty of Wmter
Springs, the Gty's Fire Department has decided to provide a Non-Residential Fire Impact Fee
discount of 65.61%. This discount is being applied such that the projected fire impact fees collected,
based upon the amount of remaining developable land within the Gty, is more in line with the
anticipated capital expenditures necessary- for fire services and to arrive at an impact fee amoWlt
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)(34.39%)) - ($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 $3,220.30)
Impact Fec Payment Year Total Credit Due
2003 $41.00
2004 $39.87
2005 $38.64
2006 $37.34
2007 $35.94
(5)
POLICE IMPACf 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:
N on- 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. This 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 detennined for
the next 5-years as the impact fee would then require re-evaluation).
· Oedits 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 Oty of Wmter Springs, the
Otis Police Department has decided to provide a Non-Residential Police Impact Fee discount of
90.77%. This discount is being applied such that the projected police impact fees collected, based
upon the amount of remaining developable land within the Oty, is more in line with the anticipated
capital expenditures necessary for police setvices and to arrive at an impact fee amount consistent
with the SlUTOunding 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)
Impact Fee Payment Year Total Credit Due
2003 $176:08
2004 $169.77
2005 $163.02
2006 $155.79
2007 $148.05
( 6)
PARKS IMP ACf 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
level 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 arinual 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. '
Impact Fee PST/FF
Payment Year Credit
2003 $639.13
2004 $630.55
2005 $621.37
2006 $611.54
2007 $601.03
. Credits 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 Januaty 1 of each year in which the
impact fee is to be paid using data provided by the Seminole County 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 Gty 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 Oedit 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. PropeI'o/ 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.
Beginning Payment Year Present Day Factor
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 follo~ is an example of a parks impact fee calculation:
Residential Park Impact Fee paid in 2003 based upon 2.500 sq-ft house
1) PST/FF Oedit is $639.13
2) Millage Oedit (Assume Average Property Value per Sq-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
Total Parks Oedit Due =
3)
4)
Calculate Impact Fee =
$639.13 + $542.90 = $1.182.03
(2500 sq-ft) x ($0.834) -($1,182.03)
$902.97
(8 )
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ATTACHMENT (3)
Agenda Item of March 10,2003
(Without Attachments)