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HomeMy WebLinkAbout2003 04 14 Public Hearings A Second Reading - Ordinance 2003-04 Impact Fees ;' 041403 Commission Meeting Public Hearing "An Ordinance 2003-04 Impact Fees Page I of2 COMMISSION AGENDA ITEM A Consent Informational Public Hearing X Regular April 14, 2003 Meeting Mgr. /2.,..// Dept. Authorization REQUEST: City Manager requesting the City Commission to approve the Second 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 Parks Impact Fee to pay for expanded facilities and equipment required by growth. CONSIDERATIONS: On March 24, 2003 the City Commission approved the First Reading of Ordinance Number 2003-04. ALTERNATIVES: 1. Approve the Second Reading of Ordinance Number 2003-04 implementing the Ordinance based upon an actual residential square footage basis. 2. Approve a Second Reading of Ordinance Number 2003-04 for Impact Fees amended to provide for a flat rate residential fee, and schedule the amended Ordinance for a Third Reading. This amended Ordinance is being completed by the City Attorney and will be available Friday, April!!, 2003. There was considerable discussion regarding the square footage method calculating Residential Impact Fees. The Commission could amend the Ordinance to provide for a flat fee for residential properties as shown on Attachment "B". The flat fee is simply based upon an average size residence in the alternative to the actual size of a residence. 041403 Commission Meeting Public Hearing "A" Ordinance 2003-04 Impact Fees Page 2 of2 Below is a chart comparing the cost of the two optional proposed Impact Fees, and the current Impact Fees. It assumes a 2,500 square foot home valued at $175,000. Proposed Proposed Flat Current Per So. Ft. Rate Fee Police $215.83 $106.42 $105.47 Fire 103.63 174.00 173.28 Parks 300.00 902.96 914.53 Total $509.46 $1,183.48 $1,193.28 The residential fee is more fair. However, there has been some concern voiced that the flat rate fee would be more difficult to defend if challenged for two reasons. 1. Ability to prove that impacts on infrastructure are related to the size of residence. 2. It is a relatively new approach in contrast to the flat rate residential fee which has been upheld in previous court challenges. FISCAL IMPACT: Both of the proposed Impact Fees will generate approximately the same amount of Impact Fee Revenues as follows: Fire/Rescue Polic,e Parks $4,099,918 $2,004,024 $1,500,353 RECOMMENDA TIONS: It is recommended that the Commission take one of the following actions: 1. Approve the Second Reading of Ordinance Number 2003-04 which includes Commercial Impact Fees and Residential Impact Fees calculated on a per square foot basis. 2. Approve a Second Reading of Ordinance Number 2003-04 amended to include Commercial Impact Fees on a per square foot basis and a Residential Impact Fee based upon a flat rate. ATTACHMENTS: a) March 24, 2003 Agenda Item "B" and Ordinance 2003-04. b) Proposed Residential Flat Rate Fee Schedule. COMMISSION ACTION: ATTACHMENT "A" March 24, 2003 Agenda Item Public Hearing "B" And Ordinance Number 2003-04 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. ;4--j 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 Fire/Rescue Residential Fire/Rescue 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: Fire/Rescue $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 of the 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.; 407425 9596; . . . Mar-19.03 1 :33PM; Page 2 D1tAFr 3-Jo-03 ORDINANCE NO. 2003-04 AN ORDINANCE OF THE CITY COMMISSION OF TIrE CITY OF WINTER SPRINGS, FLORIDA, AMENDING THE CODE OF ORDINANCES CHAPTER 9, ARTICLE VllJ, IMPACT FEES. BY REVISING POI.ICE AND FIRE IMPACT FEES AND ESTABIJISHING IMPACT FEES FOR PARKS AND RECREATION; MAKING SEVERAL CONFORMING AMENDMENTS TO ELIMlNA TE REDUNDANT CODE SECTIONS; ADOPTING SEVERAL PROCEDURAL AMENDMENTS APPUCABLE TO THE PA~T OF IMPACf FEES; PROVrDING It'OR THE REPEAL OF PRIOR INCONSlSTF.NT ORDINANCES AND RESOLUTIONS; PROVIDING FOR INCORPORA nON INTO THE CODE; PROVIDING }'OR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Winter Springs, Florida, has previously found and determined it to be in the best interest of the safety, health, and welfare of the citizc..:ns of the City of Winter Springs to establish police, fire and other impact fees to require new development to pay their equitable "hare 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. ("LOr') 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. Fire/Rescuc and Parks & Recreation," dated November 2002 ("Report"); and WHEREAS, the City Commission hereby finds that the Repolt l~gally 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. A herdeen at Ormond Beach, 760 So. 2d 126 (Fla. 2000); Contractors and Builders A.~,;(JCiafJon(1PinellasCounty v. City of Dunedin, 329 So. 2d 314 (Fla. 1976); Wald". Metropo/ilanlJade County, 338 So. 2d 863 (Fla. 3d DCA 1976); Hollywood, Inc. v. Broward County, 431 So. 2d 606 (Fla. 4th DCA (983); and WHEREAS, the City Commission finds that Section 163.3202(3), Florida Statutes, encourages the use of innovative land development regulat.ions which includes the adoption of "impact fees," and City of Winter Springs Ordinance No. 2003.Q4 Page lof 19 Sent By: BROWN,WARD,SALZMAN&WEISS,P.A.j 407 425 9596j . . . Mar-19.03 1 :33PMj Page 3 DRAYI' ].11)..UJ WHEREAS, the City Commission also finds that the impact fees required by this Ordinance are 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 lhat mandate. See, e.g., Ch. 163, Fla. Stat.; and WHEREAS. new land development aclivity generates public facility and service demands wilhin the City and il i~ reasonable to require new development to pay a fair share of the cost of expanding new public facilities and services attributahle 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 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 FOLLOWS: Section 1. Recitals. The foregoing recitals are hereby incorporated herein by this reference. Section 2. Code Amendment, Chapter 9, Article VTTT, Division 3. The City ofWmter Springs Code, Chapter 9, Article VITT, Division 3) is hereby amended as follows (underlined type indicates additions and strikeout type indicates deletions): ARTICLE Vlll TMPACf FEES II: * . DIVISION 3. POLICE. FIRE. AND PARKS AND RECREATION PUBLIC SAFETY .lIAClLITJES Sec. 9-391. Police pllbJic. ,.fee:, i.tt.pact fee. Generally. [Police publk safGty imp~a tee pro~i!linns are !el forth her Oj11 3:5 soction$ 9~J 91.1 throtlgh 9-:J 91:l-Zi 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 Management Act mandates that local ~ovemment plan coCQL>l'ehensively for future growth and that tills division is consistent with that mandate. In addition. Section 163.3202(3), Florida Statutes. City of Winter Springs Ordinance No. 2003-04 Page 2 or 19 " Sent By: BROWN,WARD,SALZMAN&WEISS,P.A.j 407 425 9596j Mar-19-03 1:34PMj Page 4 . DRAJoT 3.10-03 M~u J u of innovative Ian d e10 ment lations which includes the ado_tion f 'imDact fees." Further. new land development activity ~enerates public facilitv and service deman~s within the City and it is reasonable to require new develooment to :ay a fair share of the cost of expanding new oublic facilities and services attributable to new develo ment. This division is enacted pursuant to the Florida Municipal Home Rule Powers Act Chapter 163. Floridll, Statutes. the City oeWinter Springs Comorehensive Plan. and other applicable law authorizing a municipality to set rates, fees. and charQ:e~ for new development. Sec. 9-391.1. Levy and purpose. 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 pennit required under the Winter Springs Building Code, Chapter 6 of this Code. (Q) Fire public safety facilities capital improvements: The land. building, facilities. vehicles and C<LUipment necessary for the fire. d~artment of the city to provide fireflghting and fire protection services and plU"amedic services to the citizens ofWintcr Springs. {Q} Nonresidential: Includes all land uses not otheIWise 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 uscs. City of Winter Springs Ordinance No. 2003-04 . Pllge 3 of 19 "' Sent By: BROWN,WARD,SALZMAN&WEISS,P.A.; 407 425 9596; Mar-19-03 1 :34PM; Page 5 . D}(AFT 3-JO-OJ 00 Police public safety facilities capital improvements: The land, buildings, facilities, vehicles and equipment necessaJ)' 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. 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 ofa 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 construt.1ion 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, grotmd transportation, solid waste, parks, recreation and cultural purposes); and (7) Construction associated with raising animals; and (8) Construction related to agriculture. (b) In additi9n. nonresidential develoDment shall be exempt from parks and recreation imoact fees. City ofWinlcr Springs Ordlnnnce No. 2003-04 . Page 4 of 19 Sent By: BROWN,WARD,SALZMAN&WEISS,P.A.j 407425 9596; Mar-19-03 1:34PM; Page 6 .. DRAFT 3-10.03 Sec. 9-39t.5. Payment of fees. (a) Time of payment. The imoact fees required to be oaid under this division shall police ptlb1ic; ~ty fadHtics ~ im be paid prior to 01 in conjunction with the issuance of a building pennit. but in no case shall the building pennil be issued until all outstanding impact fees are.p-aid in full to the ~ (b) Method of payment. Impact fee:) shall be paid in cash unless the city commission. at its sole and absolute discretiol!. specifically accepts an in-kind contribution of land or capital fucilitics for public use which is rea~onably related to the Dumose of the credited imoacl fee. Credit for any in-kind contribution sholl be on a fair 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 it; the city's current land use and zoning designatio~. The aJ)praisaI shall be performed by a certified ,aporaiser 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 contribution of land or capital facilities fur public use has been or will be included in the capital asset inventorv Of the dep~ent of the city for which the impact fee is imoosed. . (c) Amount offee. The followiTUI impact fees are hereby adopted: The }Ju}i~ public, safety ~li~ie:; ~ ~~ paid prior to or in evnjtlm;rlOn W~tll tl.~ i$5lUUI;: of", buildinA pen,tlt ;..hall be, lev;ed bl13ed U}Jon the followit.g fouuwa and in the MHoMh~ amounts. (1) RGsid~nticd. t€A1 x RC)/RDU ~ CO;Sl per d~~lIing unit. (2) NOIl'-Iesidcnl:i1d: (CAI x NC)lNSF - Cost pel 5(lllcu~ b)ot ofuc:.!1-.ci)idellt;al de9eJopluGl'l.L CAl Re NC ROU NSF .... Capita:l. a!~et in~cnt',l'y. PcrGenl residential ,aHs:- Percenta8~ of nOni e$;derrt:iai ~ls_ Numbol ufr~;dential dllvclfine, units Non-1esidentiid !quaJ G footage (N'on-rc.Mdential fi:x, shaH be levied upon that pO.l;on of a StJ acta. e ""hiGh is das~jfjed as llOhl'esidentiaJ). = ... City of Winter Springs Ordinance No. 2003~()4 . Page 5 of 19 '. Sent By: BROWN,WARD,SALZMAN&WEISS,P.A.j 407 425 959Bj Mar-19-03 1 :35PMj Page 7 . DRAFT 3-10-OJ 0) Fire: (i) Residential; (ij) Non-residential: $0.086 per square loot. $0.326 per square foot. However. a credit ~hall be deducted from the calculated base fir~ impact fee to offset pavrnents which new development will incur (in the Conn of personal service taxes and franchise fees) to retire outstanding City of Winter S9rings bonds which were used to finance past fire capital improvements as follows: Impact Fee Payment Year Total Credit Due 2003 $41.00 2004 $39.87 2005 $38.64 2006 $37.34 2007 $3 5.94 · Creditll havr. been dcrr.nnined !hrm.lm 2J)Q7. ^ reasscnmr:ot of !he imp1k:l fee Qf1(I...~dit AMII be, provid(~ plio, t'-I 2007. (2) Police: (i) Residential: (ii) Non-residential; $0.113 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 and franchise fees) to retire outstanding City of Wmter Spring!l bonds which were used to finance past police capital improvements as follows: Impact Fee PaYlllent Year Total Credit Due 2003 $176.08 2004 $169.77 2005 $163.02 2006 $155.79 2007 $148.05 (3) C=lits h~vc ~ d..~t=tined throul!h '2IXJ7. A leUSSCHslUe'I1t of the imollcl fC(1 :lJld l:rerlit shall be tlmvide4 prior to 'lfJ07. Parks and R~reation; 0) Residential: (ii) Non-residential: $0.834 per SQUare foot. None. . City of Winter Springs Ordinance No. 2003-04 . Page 6 of 19 Sent By: BROWN,WARD,SALZMAN&WEISS,P.A.j 407 425 9596j Mar-19-03 1:35PMj Page 8 . DRA!l'r }.10-tlJ However. a Credit shalt be deducted from the calculated base DarKS and recreation impact fee to offset paYments which new develooment will incur (in the form ofpersonal service taxes and franchise fees) to retire outstanding City of Winter Springs bonds which were used to finance past parks and recreation C'.&pital 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 . · llidits hm~ uem dctecniuc:d ThrouPh 2007. A 1't'8sSl".nnlEnt of tir. imDAcI fir. and l:R:dit wAll be pmvideq prit)t to 21XJ7. An additional impact fee credit shall also be deducted from the calculated base narks and recreation impact fee 10 offset payments which new development will incur to retire the City of Winter Sprin~s Limited General Obligation Bond. Series 2002. which was used to .finance past parks and recreation capital improvements. This credit is dependent uoon the value of residential property and is calculated usin.g the following foonula: (Building Sq-Ft) x (Ave. ProoertY Value per S<l-Ft.) x (Millage Rate) x (Present Dav Factor) . Building Square-Footage = Square-Footaue of proposed residential dwelling. Ave. Pro.verty Value per Sq-Ft = shall be determined On January 1 oreach yeat' in which the impact fee is to be paid usinS data Drovided by the Seminole County Property Appraiser by taking 1200.10 of the total assessed value of all residential property within the City divided by the total residential square-footafJe within the City, Millage Rate It: 0.25 or as otherwise r~uired to retire the Limited General Obligation Bond - Series 2002. Present Day Factor = Beslinnioll Payment Year Present Dav Factor 2003 ] 2.40904 2004 12.27767 2005 12.13711 2006 11.98671 2007 ] 1.82578 City of Winter Springs Ordinance No. 2003-04 . Page 7 of 19 '. Sent By: BROWN,WARD,SALZMAN&WEISS,P.A.j 407 425 9596; Mar-19-03 1:35PMj Page 9/20 . DRJ\F1' 3-tO.03 Sec. 9-391.6. Credits. In addition to the discretionary credits authorized bv the city commission under l)e(..1:ion 9- 19! .5(b-l ~ applicant for a building permit shall be entitled to a credit against future impact fees assesst:d pursuant to this division for contributions, dedications, or improvements required by thc 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 ofland or capital facilities for public use. The impact fee credit apd the applicable contribution. dedication. or improvements must be reasonablv related. The fair market value shall be determined as of the date the city conunission accepts the offer of such contribution. The fair market value of any land accepted for credit of future impact fees shalt be based upon an appraisal of its highest and best use and then allowed under it$ the city's current land use and zonins.designatio~. The aPl'raisal shall be perfonned bv a certified aooraiser. licensed to do business in Florida. acceptagle to th~ Q!y. Such appraisal shall be paid for by the donor. No credit wiil 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 poiiee department of the city for which the impact fee is impose<!. , See. 9-391.7. Establishment of a tnlst 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 createdfor each impact fee cate~orv created under this division as folloW~: ill Police Protection Capital Expansion Trust Fund. (2) Fire Protection Capital Ex;pansion Trust Fund. OJ Parks and Recreation ('.spital Expansion Trust Fund. (b) Use of Funds. The amounts in the impact fee police protection '-'<l.,ital expansion tJUst fund~ shall be exclusively used only for the purpose obtained in the title of such fund and for no other PUfPOsc. 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 Cily of Winter Springs Ordinatlce No. 2003-04 . Page 8 of 19 '. Sent By: BROWN,WARD,SALZMAN&WEISS,P.A.j 407 425 9596j Mar-19-03 1 :36PMj Page 10/20 . DRAJoT 3.l0-03 authorizing an expenditure from any onc of these trust funds, the city cornrnission 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 wh1ch 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 departrnentt which is M~ to receive fund~ collected pursuant to this impact fee division., shall prepare and maintain a capital expansion plan for its t.heir respective individual funds which shall be for a period 01'00 less than one (1) year. The poIiee 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. p~blj~ safety facilities the impact fees paid hereunder may be allowed upon application thereo( when it is detennined that no construction under a building permit has occurred, and the building pennit issued for such construction has expired or otherwise been cancelled. See. 9~391.10. Vested rights. (a) A developer or successor in interest ofland which has received a building penn it 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. 2001..()4 . Page 9 of 19 Sent By: BROWN,WARD,SALZMAN&WEISS,P.A.j 407425 9596j Mar-19-03 1 :36PMj Page 11/20 . DRAYr 3-1 n .03 (1) There exists a valid, unexpired govenunent act of authorizing ~ 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~ of approval by requiring the developer to comply with the requirements of this divisioll:'~ law. (1) Common law principles of equitable estoppel and vested rights set forth in case (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: . (I) 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 'Ma}I14, T9ge November 1. 2002, after which day the adoption of the impact fees required bv this division was pending; and (3) Whether the operation of this division would create an eUuuootls inordinate burden which would prevent petitioner from making a reasonable return on his investment. (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 !ervice ilaJV4{;t, police impact fees reauired by this division and their designated uscs, or contributions to the capital as&rt inventory of the pofice respective City of Winler Springs Ordinance No. 2003..04 . Page 10 of 19 " Sent By: BROWN,WARD,SALZMAN&WEISS,P.A.; 407 425 959B; . . . Mar-19-03 1:3BPM; Page 12/20 nRAFT 3-10-03 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. 9-391.1 t. Penalty for violation. Violation of this division shall constitute a misdcmca.nor of the second degree and shall be subiect to penalty pursuant to applicable code enforcement procedures. Notwithstanding the criminal penalty provided for herein, the city may obtain an injunction or other legal Or equitable reliefin the circuit court against any person violating this division. Sec. 9-391.12. Appeal. Any person aggrieved by any portiOh of tl.i.s di y ision ~a::Il administrative decision by the city mal' 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 detennination 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. Anv decision oftbe city commission on the application shall be final and subject to iudicial review. Sletio" 3. Repeal Chapter 9, Article VIII, 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): DIVISION 4. FIRE PUBLIC SAFETY FACILITIES SK. 9--396. Ph e public safetJ fa<i1ities hdpAtt fee. [Fire public; safet..Y impact f~ pi o visions me ~ forth her~in as $C:(,.tions 9-396.1 through 9~396.l2.] Set. 9--396.1. Levy and pUl'Po5e. FOI tl!,- pl:hpOSe of he:lpl1~ tv defiaJ tI.(; cost of new or exp~lldcd &'" facilities and City nr Winter Springs Ordinance No. 2003-04 Page Ll of 19 Sent By: BROWN,WARD,SALZMAN&WEISS,P.A.j 407 425 9596j Mar-19-03 1 :36PMj Page 13/20 . nRAFT 3-1~OJ equipnumt attributable to nCIlli construction within the-city linlits. impact Me5 (aC I,ereby l~v;ed on 1'l{;t'J ~o"sUuction within the dt) limits in atconiance with the pro\fi~ons ofscction 9.J96.5, pa}'Il'lelll of fues, Mld other provisions of thi~ m.ns1on. This division i1) :htended to be cohsistent with tI.t. principa:ls for aHocatin6 a fair $hate ofdl!. cost ofnollY public; fadlities to ),ew users & ostahlished by the Florida SUP! Oll1e Court. Sec.9..396.Z. DefinitioltS'o Unless otherwisc. spc:dficd herein, the definitions~ dassi1ications allduses shldl be as seL h}1 th in tho Or, ofWihh.r Sp~s Land De\lelopnleJ4 C(,de. DuHding pemlit. Any bWlding or constluc.tiOh fie1!ihL requiIed Uhde! the. VlintCI Splings Duilding Code, Chapter 6 ohms Code:- Fire public saEet, f""i:litios capital illlplOv\OlUentS. Tho 1!I.d, buifdih8, f4Cilities, vehicle., and equiPluvut hCCOSSM' for the fire deparl,}uent ofthc. city to pJO~;de firefightil'l! met me p,vt\;\,.hun sa vices Mid pa:J<<mcdiG set vices to tho citizens ofW'1nter Springs. . NoIIIeMd~jliltl. lndud(:S aU land uses not otherwise spcdfied ~tS resicl"'lltia:l 01 e'>..empted as set foah ll\.o.\.<;n. This slllill inc.1!:lde, bat is not limited to dlry oare facititie5 residential care facjJrties , , nursine, homes, boarding hotl!eS, llome occupations, eduG4tional fac;i:litios, UbI aries, cultural &.cilitie5, c;hurt:hes. aH COJ'llMefGial uses, ail transient lodging IUld entel'tmnn1C1.t facilities except those. ~hich are tentporar} ~I LmtuJe, 811 auto,hotive facititie! and/or st:mctur~, !It miscellaneous business uses and 8Ct vi<<s !!.d all indust!~a:I tl5eS. Roesidential. Inc.lLJde~ singte-fAn.Uy dwdli.u~", llrolti-fatailJ dwclli1l~ units, hlvLa", Ilvmes. accessory d~ellil'lg ullits, access,,!') 1e.~idcnti<t1 structll1~ See. 9-396.3. Applicability and exernptions. This division shall. appry to all new consbtlction ~ithin tIle "it)' limits except the foHm'Villg. (1) LAPhI.sion of a resid",utlm d",elling unit not crcatinS Another dwelling unit, and City of Winter Sprjn88 Ordinance No. 2003-04 . Page 12 of 19 Sent By: BROWN,WARD,SALZMAN&WEISS,P.A.; 407 425 9596; Mar-19-03 1 :37PMj Page 14/20 . nRAFl' 3-10-03 (2) R..,.llvdfiling or rebtllldin& of allY stmdure, ~lId (3) CMstruction t1ndc. any btliiding pCllllit oliSlna:l.ly isstlea during the. ,car pi~ing the effec;thle date oftl~s OI.:ii,uaJ'c... No. 488 [July 9, 1990J, And (4) l'C111Pv.a..1 llGlivities and t1ses induding, btlt not linlited in tl;lIIl-'(I181.1 evnstro{,tlon and tempOlB1) colllmercial a1nusements, and (5) Patti, sa vice ~t. uctul(,S; MId {6} Pubtidy v~...1ed and operated b~ldill5 v. sbucturc;s t1scxi ~r genom 'go v "..UIlVlrtM- purposes (to include but not 1;1I,j~d to se~G'. SMuuwcd.el, fire, grothld tlc\1ISp0I14tion, solid w~e, parks, rccJ.~t~uillllld culttual pmposes). wid (7) ConstIUction ~$O(;jated with raising clllm18b, and (8) COnstru(;tiOllI elatod to agri"UltLll e. . See. 9-396.4. Dctennil1Aft"n off<< amounts. Impact ~$ shaH be detClJi';'led m:.d reviewed at lea3t every OtlM ) eat in at;c;01dat1~ with a d~led al~~sis'ofprojec;tcd constJuction within the city Ji.nits, tht oost of a1~ e>.l'andcd OJ new caprtai fACilities and cqmpmGltt ful fiJ.., public 5eI vice fctdlities gtnGrz.ted hy SUdl COIlSft uctiOh aud the mOil,,! oth~ wise ""ailable to nl~t b.1,,1& cos.t... The. GiLy eokouu~",,,,ion may 1lIIllUaUy adjust the es~hshcd dnpAa tI.... I<\t... to leBect the chAnges in the (:0.51 of Icleva1lt c.apital fadlities aud eqUIpment. All changes or adj~hllents in the established impac.t ~ rates shMi be made by ordinance and shatl apply om, to 00115tl t\ction wr w hich bttildi:ll~ }J~ 1I~t5 are issued afkf the o~ti vc date of such 01 d;u4111rC. Set. 9--396.5. PaY1I1Mt of fees. ell) Tinl(. of PAYnlent. TI,e fire ptlblk .$af\;ty facmties fee is to be'p!id pi ior to VI ~\ conjunction IlVith the issuauC(. ora. buildin8, pell.m. City of Winter Springs Ordinance No. 2003~4 . Page 13 of 19 Sent By: BROWN,WARD,SALZMAN&WEISS,P.A.; 407 425 9596; Mar-19-03 1:37PM; Page 15/20 . DltAPT 3-10-llJ (b) Me~o~ OfPA}lllltfit. TIII..,,,a roos shall be-pttid in (;4.,1. \.lId""s the ell) COlH1h;5SW115pecificalty acce~l" ~n In-kind GOul. ;L.~tiu.~ of land or capital fac;j:litie! fur pubJi{; LaSe. Credit ful any is.4\:ind cont:nbntic,H ~haU. be on ! fm~ market value basis as ofth~ date the df:) colmnission accep~ the offer of!t1ch CVIl!, .bubo-n. The fim nl8ric:c;t value of My land Acct.pted a5 an in~kind colltlibut;ull sha:ll be ba""J al^'n cb, i\..,prais4f of its higllb.3t and bGst u~ then aHo\.\ed m1de. its current land use designation. Suc;h a.ppl aisal shaH be, paid for by the donor. (-c) AlhOunt offuG. The hIe p..tblic safety facHities to b... l'''';d prior to 001 in (.uqjull"tinn with the iSSua.llCe o.ra buiidll,~ pe1l.1it ~ha:n be levied based t1pon the: fuHovving fOlmt.llc.'l. c.'l...J ;11 tho fi)lIowlng amounts. (1 ) Residentia:l~ (CAI X RC}fRDU" Cost pet dllllellihg unit: (2) NOll-residential: . (CAT X NC)fNSF Cost per !ql:lare foot ofnon-~sidential developn.Oht. CAI RC NC ROU Nsr - CApital ASset in v elltor)'. rc..CCllt J.,,,;~hlia! c;aHs. Pe1ccntage ofnonrosidelltial callS': NUltlbGl of r<.sidc.lttiai d\l\>elling unit!': Nonrcsident:ia:l $qU~I... t.ot.\~e (Non r~idential fee shall be k.v;.,J upon tI.at portion of ~ i)l,~cture whicl. is classnled AS nonresidelltia:l). "" ... ~. ~"'396.6. C. edits. All ~...pticant ful A building perl..l! shaH bo entitled to a (,1 edit against fullJre impaa fees ~se5Sed pursuant to. this OJ'd:i...I41J..(; fo.r contli:bl1tiom:, dedic..ttlons, "I imprOVellletlt! requilocl b) the ~lty 01 through agleemel1~ l'Yith ti,,, city as a condition of 4'I1Y development penuit b, the cit}' Mid $2Iid credIt shaH. b(, h11 a.llomrt equa! to the fa:i1 HlMket value of an] conhibtltlon orland OJ ~pitdl City of Winter Springs 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-UJ fa~i1ities fut publi~ use. The fair n.arkct ~alUG ~1w:H Ix, detef1l1ihed 43 oftlu.. dat(, th~ 'it} c;obbl1iM;lrn ~l.!l the offa of ~aGh contribntion. The fair nlMket \lam", \.If any land accepted [VI "".:Jit offu1:m e tmpact rec! !haII be b....u:l t.pon an apprliiroal ofits lrighC!t and best u8e and then allol'Yed w.1der its aJuent Ilmd u~' dC.!lj~uat;vol' Sucl18.pprai:ml slmH be paid rOl b) the dona!. No c;rcdit ~m be granted p~rs~ to tlus sectjO~ rmiess the; c;~nt1ibutjon orland 01' CAp~b:d f!cilities fur pk1blic uS(. \\45 made ~.t:I~ th~ ycar PjOGOOiuc ,tho ~"ttve date 'If thi~ O. diulIllce No. 4788 [July 9, 199O}. and the ~lIlolbUl:iol1 orland or caprt~ fad:!i.ti..... for pubi~ use M.!l h~1l OJ \lvtH be included it. the. caP;tctl asset lllvetlLOI J of the fire depao hu~ut \.If the Cit}- ofVl1l1ter Sprinv: Sc.c.. 9-396.7'. E!tJlblishment of a tt'liIt fuud. (a) The impact fees colleaed b) the city purmllnt to this di\<ision shaH be kept lSeparnt~ fionl other revenue of!:he ",;t] Gud <l ~pital expansion tj \.1St fund i.!l hel eby ~rcated: Fire Protection Cajhlal L^t'<ll~On Trust Fund: . (h-) US(; offuuds. The "'"lOmits iI. the fire: pIote<,tion capital Ohpa.usiOl. tlu5t fund shall be (!sOO only fOJ the purpose oonh!ined in the title of $Ut;l. fund M.ld for no othc.r PUI ~ose. Expenditm es & om the. fUhd .dWl be specifl~aHy approved bJ the city OOlalhllssion lI:11d shall be Ii',lited tv U.e e:Jq)Mslonlacqtrisltion ofcapimf facilities (:J1 ~aipl.1ent madenecessa:ry by tile new room ...d.;v, 0 hom which the t<<s were coHeded or &'1 pdncipaJ paynlellts (iucludins sinki.J5 [\.Iud payn.ents) on bOllds to c.-.pwld VI acquire such f~-ilitiGS vi '^tuipI1ktlit. Defore RtltllOI i~l.Q b:h expenditure fi 01.\ any one of tl_03~ tI yst funds, the city oonnnis!iOI1 ~1u1H dd~'lIIine that~ (1) . SI1.ch elq)~tme is for capital faGiIitiai 01 equipment to be u~t.J fur the Plll"l'}ose contAlu\;'d m the tItle oft:he tOyst fi.md hon:. which the expettditu,e;A to be made, and (2) Such cXP(..uOitUlC is ".<od" necessmy b) t1.,- nt.w COI.stluaionfi(lIll whiduu..h funds ~e1c.. C(.l1e...Wd, l!hd (3) Such ehpenmttue shaH rcsmt;n a. be'ldit to the new oollstl'l:lctioll hOhJ t\'hkh SMd fUnds ~eje collected: SeL. 9~396.8. CApital expansion plans. City or Winter Springfl Ordinance No. 2003-Q4 . Pilge150f 19 Sent By: BROWN,WARD,SALZMAN&WEISS,P.A.; 407 425 9596; Mar-19.03 1 :38PMj Page 17/20 . ORA..,. J 10.03 The "jt,'! the. department, whi",h ii:l tuTCCei~e funds oolfected puHl.lcmt to this impllGt fee ord.imtll~ shalJ prepA1c and mmntmll a capital expamion P:\~H 101 its ihdividua:l fund~ ~hich shaH be far a period ofno less th!1. nnc (1) ycaj. TJI~ &c depmment'$ plan &laIH b~ reviewed Ahd Aflplovod by ti.lW Gity eom:rnis$ion at lasst Iltln\:1aH) d.J1~n~ the budget lC'\'ie~ process. See.. 9~J96.9. Refund6. Refunds of me pnblic safety faditic& h.tii:l pmd hereunder . nay be Mlowed. UPVII .....pttcation th~Jor ",hen it is determined that no constructioll uudCI A building permit hltS'"OCCwr...d, and the building pc:nllit issned for such constIuction ha:s expiled or att.",! wise been canceHed. Su. 9-~396.10. '-Vested rights. (a) A de1Olclol'f-l .or sue<:es.sor in intel.,t.t uf land ",hic;h has rc.cdvc.d A bl.l:lJ;11O pcuuit-may petition the city c;onnnissiOI, fur a ve5ted rights dctclH,jllation whid. would ~empt the. fJ",titionel fiol11 the plovisiolls of this division. Such petition sl.Mi he evMuateJ by Il.~ dry llttOmt.y and--a. reconlme:nd.uian ther\A.III i:lubmitt..d tu the cit) oomnussion based t.pon tIle foHowi:nS \,rLtel;a. . (1) Thereexi$t$ a valid, uh~xpited aOverntl".ellt ~"t vfmthorizing a specific.dGyelopn1tllt fur which a detemlination i.. i)\JYlSht, (2) Expenditures or oblisations nlad, or ihcuned i..l1'eli1moe upon the authOIWl,g act that are ~()Ildhly equinlent to the h%$ requircd by this divisiol., (31- That it ~ouJd be illequitab16 to dell)' the petitiOlle& the opportunity to COfilplete the prcvivu.sry app.()\jed developluwu:t W1deI the cond:itiullo) of 4ppIO~a1 by ]CGuirin~ the devekJper to campi, with the requirements of this di ~sion. (b) For the purpose of thj~ section, die fuHowins f.!teton shall be considered ill d~tVJlu~~.~ whetlm it h<ould be iheqtriUtbk to den) the petitioner the oppOJ:t.:lU;ty to cu1i4Jll.,h;; the 1-'.e~iously approved developntent. (1) \\lbeth.er the injdl J SyffOI ed b) the petitioner ot'It\'Yeighs the public cost of allowing City of Winler Springs Ordinance No. 2003-()4 . Page 16 of 19 Sent By: BROWN,WARD,SALZMAN&WEISS,P.A.; 407 425 9596; . . . Mar-19-03 1:38PM; Page 18/20 DRAYr J. to 0] the d~elopOlent to ~o rorvy&d without pa}'lUc1tt of the fee rcquhed by dtis div;,,;on, (2) \',~thcr the ~~,se or oo~ons were made or mGl:1rred. !;ubseq~~I(t to May 14, 1990, "Rer \Vlncll dC&)' the a.dO~bvn of this Orduuw('6 was pendi.&JQ, nud t3) \Vhethe2 the operation of this d.ivisiOll vvoulJ CICll.te M errol,eoUS burden \lVhidl would prevent pcticione1 nom making a reasonable retym on his investlheM. (G) The city ~1."lIl1vt p\Olrmt the extension of a bujfdins pelll,:t beyond the iJ.itial time for activation wirllOt1t the a.ppliCla1.lt con1ply~ wid. d.is Ordinance. (d) If A pJ(~viOU5l:Y 4P{1I0ved developmcld order or other bindil1~ agreement conta:iJ.ed conditions 1 egarding ~ .!eJ v ice impacts, fli to ~Ul1G\,t fee! and their designated tlse~, or CO'lt, ;1rotioJHl tv th", ...apitM as~ inventol) ofthc.:me department, the de~eiope[ or his succcs.!or may request a. modIfication ofmch pJior approvals in OroCi to ollnA the approval c.'./llditions into consistency. S<<. 9-J96.1l. Penalty Yo. ,iolation. Violation of tlh~ Jiv;;)~vu 6haH constitute A misdemel\.1101 of the secoud degree. Notwithstcmding the cm,'\inai penait) pro~ldod fur I,olein, the c~ nm, obtain an it~t1nction or other legal cqtlitablt ldiefin. the circuit court against a1~ pelSon v~u6fu!S tlri~ Ordinance. See. 9-396.12. Apptal. AllY vason ~~",v",d by a~ POrtiOll of tl~" division Mudl appMf dilectl} to the city c:on.111'1bsion. To file an appeal, ~1 individual must file at. application with tl.e dty manager and submit StIGh infOlmation and documentation with said application M may be fcquirGd 1ry the ",;ly UlAllGf:;eJ. The"';ty manager shaH mldc:e a deteuulnattollll:J to tile 5.JficielKi)' of the !pplic.atioll. AJI application for appea:l must befihld ~ith the city rllanager within thirt} (30) day! ofc.'tn~ a:c.tiOh taken by the dty for "hiGh a person i~ ~~""ed. Section 4. Repeal ofPnor Inconsistent Ordinances and Resolutions. All prior inconsistent ordinances and resolulions 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 DRA.... 3 10-03 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 necessaIY to effectuate the foregoing. Section 6. SeverabUity. Jfany 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, 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 inunediately 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, ATTEST: CITY OF WINTER SPRiNGS, FWRIDA ANDREA LORENW-LUACES City Clerk JOHN F. BUSH Mayor City of Winter Springs Ordinance No, 200:'1..(14 Page 18 of 19 Sent By: BROWN,WARD,SALZMAN&WEISS,P.A.; 407 425 9596; . Approved as to legal fOnD and sufficiency for the City of Wi Qter Springs only: ANTHONY A. GARGANESE City Attorney First Reading Posted . Second Reading and Public HearinL . F:\Don\City arWlntcr SprlDsl\OrdinaD"""UQlpact P~.llmpad~F",.wpd City of Winter Springs Ordinance No. 2003-Q4 Page 19 of ) 9 Mar-19-03 1:38PM; Page 20/20 DRAFT 3-10-03 ATTACHMENT "B" Proposed Residential Flat Rate Schedule City of Winter Sprinas . Property Appraisers Data March 21. 2003 NUMBER OF BUILDING SQ- NUMBER "/0 OF TOTAl AVERAGE AVERAGE OOR CODE PARCELS FT OF UNITS UNITS BUILDING PARCEL SQ-FT ACRES VALUE VALUE SQ-FT DESCRIPTION SQ-FT (3) . 01 10.903 28,137,721 10,903 0.93 2,581 148,855,663.8 3,434.7 $1,622,720,315 $57.67 Single Family Residential 03 14 123,824 118 .0.01 1,050 3,528,148.8 81.0 $56,651,170 $40.00 Multi Family Residential (1 ) 04 483 618,202 483 0.04 1,280 525,972.0 12.1 $26,039,125 $42.12 Condo Residential 08 74 277,728 198 0.02 1 ,400 796,150.0 18.3 $10,749,605 $38.71 Multi Family Residential (2) 11,474 29,157,475 11,702 2,492 153,705,935 3,546 1,716,160,215 $56.53 TotalslWeigtlted Average . Data contianed In the above table was taken from Sml:llnole County Property Appraiser's data, March 2003. (1) Apartments - Assumes equal property value and apartment sq-ft per unit (2) Duplexes - Assumes equal property value and duplex sq-ft per unit (3) Average building sq-ft for apartments and duplexes provided by City of Winter Springs (4) Apartment averageproperty value per sq-ft based upon typical market value (Land Design Innovations, Inc.) Fire Impact Fee: Base Impact Fee per Sa-Ft Credit Millage Credit 2003 Impact Fee Flat Rate Per Residential Unit (5) 2003 Residential Rate: 2004 Residential Rate: 2005 Residential Rate: 2006 Residential Rate: 2007 Residential Rate: 0.086 0.086 0.086 0.086 0.086 $41.00 $39.87 $38.64 $37.34 $35.94 nfa $173.28 $174.41 $175.64 $176.94 $178.34 Police Impact Fee: 2003 Residential Rate: 2004 Residential Rate: 2005 Residential Rate: 2006 Residential Rate: 2007 Residential Rate: 0.113 $176.08 nfa $105.47 0.113 $169.77 $111.78 0.113 $163.02 $118.53 0.113 $155.79 $125.76 0.113 $148.05 $133.50 Parks Impact Fee: 2003 Residential Rate: 2004 Residential Rate: 2005 Residential Rate: 2006 Residential Rate: 2007 Residential Rate: 0.834 $639.13 $524.34 $914.53 0.834 $630.55 $518.79 $928.66 0.834 $621.37 $512.85 $943.78 0.834 $611.54 $506.49 $959.96 0.834 $601.03 $499.69 $977.27 (5) RESIDENTIAL IMPACT FEE RATES BASED UPON WEIGHTED A VERAGE SIZE AND WEIGHTED A VERAGE PROPERTY VALUE AS REPRESENTED IN THE TABLE ABOVE. BROWN, SALZMAN, WEISS & GARGANESE, P.A. Attornrys at Law Usher L. Brown · Suzanne D'Agrestaa Anthony A. Garganesea Gary S. Salzman. John H. Ward · Jeffrey S. Weiss Offices in Orlando, Kissimmee, Cocoa & Viera Debra S. Babb-Nutcher Jeffrey P. Buak John U. Biedenharn, Jr. Joseph E. Blitch Michelle H. Brett Douglas Lambert Jennifer A. Michael Michelle A. Reddin Vincent E. Scarlatos .Board Certified Civil Trial Lawyer .Board Certified Business Litigation Lawyer aBoard Certified City, County & Local Government Law Erin J. O'Leary Of Counsel April 1 0,2003 Ronald McLemore City Manager City of Winter Springs 1126 East State Road 434 Winter Springs, FL 32708 Re: Impact Fee Ordinance City of Winter Springs I General File No. 1193 Dear Ron: As you requested enclosed is the alternative fire, police, and parks and recreation impact fee ordinance. The alternative ordinance reflects a flat fee under the residential category. If you have any questions regarding this ordinance, please feel free to call. Anthony A. Garganese City Attorney AAG:jf Enclosure 225 East Robinson Street, Suite 660. P.O. Box 2873. Orlando, Florida 32802-2873 Orlando (407) 425-9566 Fax (407) 425-9596' Kissimmee (321) 402-0144. Cocoa & Viera (866) 425-9566 Website: WW'N.orlandolaw.net . Email: firm@orlandolaw.net DRAFT 4-10-03 ALTERNATIVE FEE STRUCTURE ORDINANCE NO. 2003-04 AN ORDINANCE OF THE CIlY COMMISSION OF THE CIlY OF WINTER SPRINGS, FLORIDA, AMENDING THE CODE OF ORDINANCES CHAPTER 9, ARTICLE VDI, 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 SEVERABILIlY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Winter 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 of Winter Springs to establish police, fire and other impact fees to require new development to pay their equitable share of public improvements that must be constructed to serve new growth; and WHEREAS, the City Commission 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, Fire/Rescue 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 Pinel/as County v. City of Dunedin, 329 So. 2d 314 (Fla. 1976); Wald v. Metropolitan Dade County, 338 So. 2d 863 (Fla. 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 19 DRAFT 4-10-03 ALTERNATIVE FEE STRUCTURE WHEREAS, the City Commission also finds that the impact fees required by this Ordinance are 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 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 VIII, 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 VIII. IMPACT FEES * * * DIVISION 3. POLICE. FIRE. AND PARKS AND RECREA nON PUDLIC SAFETY FACILITIES Sec. 9-391. Polite public. safety ;mpact fee. Generally. [l'olice public safety rmpaa fee Plovisiol1s ate set forth hereil1 as sections 9-391.1 tll10ugll 9-391.12.] 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 Management Act mandates that local government plan comprehensively for future growth and that City of Winter Springs Ordinance No. 2003-04 Page 2 of 19 DRAFT 4-10-03 ALTERNATIVE FEE STRUCTURE this division is consistent with that mandate. In addition. Section 163.3202(3). Florida 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 expanding new public facilities and services attributable to new development. This division 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. 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 and equipment attributable to new construction within the city limits, impact fees are hereby levied on new construction within the city limits in accordance with the provisions of section 9-391.5, payment of fees, and other provisions of this division. This division is intended to be consistent with the principles for allocating a fair 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 fees adopted under this division, the city commission hereby adopts by reference the report prepared bv Land Design Innovations. Inc. entitled. "City of Winter Springs Impact Fee Analysis Report for Police. Fire/Rescue and Parks & Recreation." dated November 2002. Sec. 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. (b) Fire public safety facilities capital improvements: The land. building. facilities, vehicles and equipment necessary for the fire department of the city to provide firefighting and fire protection services and paramedic services to the citizens of Winter Springs. .c9l 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 Page 3 of 19 DRAFT 4-10-03 ALTERNATIVE FEE STRUCTURE (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 of Winter Springs. Ui} 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 structures. Sec. 9-391.3. Applicability and exemptions. ill.) 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, 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 19 DRAFT 4-10-03 ALTERNATIVE FEE STRUCTURE Sec. 9-391.5. Payment of fees. (a) Time of payment. The impact fees required to be paid under this division shall police public safetJ facilities fee is to be paid prior to or 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 contribution of land or capital facilities for public use which is reasonably related to the purpose of the credited impact fee. Credit for any in-kind contribution shall be on a fair 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 if-s 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 be paid for by the donor. No credit will be granted 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 department of the city for which the impact fee is imposed. (c) Amount of fee. The following impact fees are hereby adopted: The police public safety facilities to be paid Plior to or in cOI~unction with the issuance of a buildilIg peun:it shall be levied based UpOII the foHovoving f01I1lula culd in the following amoUllts. (1) Residential. (CAI x RC)/RDU - Cost pel dwe!ljng unit. (2) Non-residential. (CAI x NC)/1'.q:SF - Cost pel square foot of non-residehtial development. CAI RC NC RDU NSf e. Capital asset inventory. Pel ceh't residential calls. reI centage of nom c.sidential calls. Number of I esidential dwelling units Noll-l~sidential squatc. footage (Non-Iesidential fee shall be levied upon t11at portion of a stl ucture \'\< hiGh is classified as MIlt esidential). City of Winter Springs Ordinance No. 2003-04 Page 5 of 19 DRAFT 4-10-03 ALTERNATIVE FEE STRUCTURE (1) Fire: (i) Residential: Impact Fee Payment Year Impact Fee Due 2003 $173.28 2004 $174.41 2005 $175.64 2006 $176.94 2007 $178.34 -Fee includes the same non-residential development credit set forth below. (ii) Non-residential: $0.326 oer square foot. However, for non-residential development a credit shall be deducted from the calculated base fire impact fee to offset payments which new development will incur (in the form of personal service taxes and franchise fees) to retire outstanding City of Winter Springs bonds which were used to finance past fire capital improvements as follows: Impact Fee Payment Year Total Credit Due 2003 $105.47 2004 $111.78 2005 $118.53 2006 $125.76 2007 $133.50 (2) Police: (i) Residential: Impact Fee Payment Year Impact Fee Due 2003 $105.47 2004 $111.78 2005 $118.53 2006 $125.76 2007 $133.50 -Fee includes the same non-residential development credit set forth below. City of Winter Springs Ordinance No. 2003-04 Page 6 of 19 DRAFT 4-10-03 ALTERNATIVE FEE STRUCTURE (ii) Non-residential: $0.164 per square foot. However. a credit shall be deducted from the calculated base police impact fee to offset payments which new development will incur (in the form of personal service taxes and franchise fees) to retire outstanding City of Winter Springs bonds which were used to finance past police capital improvements as follows: ImDact Fee Pavrnent Year Total Credit Due 2003 $176.08 2004 $169.77 2005 $163.02 2006 $155.79 2007 $148.05 (3) Parks and Recreation: (n Residential: Impact Fee Payment Year Impact Fee Due 2003 $914.53 2004 $928.66 2005 $943.78 2006 $959.96 2007 $977.27 -Fee includes credit which new development will incur to retire outstanding bonds which were used to finance past pat:k.s and recreation capital improvements and to retire the Wmter SpringS General Obligation Bond, Series 2002. (ii) Non-residential: None. (4) Fire. Police. and Parks and Recreation fees and credits have been determined through 2007. A reassessment of the impact fees and credits shall be provided prior to 2007 and codified in the City Code. Sec. 9-391.6. Credits. In addition to the discretionary credits authorized by the city commission under section 9-391.5(b ). Aw1 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 ofland or capital facilities City of Winter Springs Ordinance No. 2003-04 Page 7 of 19 DRAFT 4-10-03 ALTERNATIVE FEE STRUCTURE for public use. The impact fee credit and the applicable contribution, dedication. or improvements must be reasonably related. The fair market value shall be determined as of the date the city commission accepts the offer of such contribution. The fair 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 designation~. 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 contribution of land or capital facilities for public use was made within the year preceding the effective date of this division, and the contribution ofland or capital facilities for public use has been or will be included in the capital asset inventory of the police department of the city for which the impact fee is imposed. Sec. 9-391.7. Establishment of a 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 Expansion Trust Fund. (3) Parks and Recreation Capital Expansion Trust Fund. (b) Use of Funds. The amounts in the impact fee police plotection capital expansion 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 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 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 City of Winter Springs Ordinance No. 2003-04 Page 8 of 18 \ DRAFT 4-10-03 ALTERNATIVE FEE STRUcrURE (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 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 facilities the impact fees paid hereunder may be allowed upon application thereof, 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: (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; City of Winter Springs Ordinance No. 2003-04 Page 9 of 19 DRAFT 4-10-03 ALTERNATIVE FEE STRUCTURE (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 law principles of equitable estoppel 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 L 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 elloneous 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 sel \lice inlpact, police impact fees required by this division and their designated uses, or contributions to the capital asset inventory of the pcliee 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 subiect to penalty pursuant to applicable code enforcement procedures. Notwithstanding the criminal eity of Winter Springs Ordinance No. 2003-04 Page 10 of 19 DRAFT 4-10-03 ALTERNATfVEFEESTRUCTURE 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 this divisioI1shall 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 of Winter 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 Sec. 9-396. Fit e public safety facilities inlpact fee. [pire public safety impact fee Plovisions ate set ror;.ll helein as sections 9-J9G.l thtough 9-J9G.12.] Sec. 9-396.1. Lel')' and pUI pose. Fo! the purpose of helping to defia:Y the cost ofnG~ 01 eApanded fire facilities atld equipll1ent attributable to new constluctiol1 withil1 the city limits, inlpact fees are heleby levied on new constluction vvithin the city linbts in accordance with the plovisions ofsectiol1 9-J9G.5, payment of fees, atId othet p!ovisions of this division. TIllS division is intended to be consistel1t with the principals fur allocating a fail shate of the cost of new public facilities to new usels as established by the Flo!ida Supleme COUlt. City of Winter Springs Ordinance No. 2003-04 Page 11 of 19 DRAFT 4-10-03 ALTERNATIVE FEE STRUCTURE Sec. 9-396.2. Definitions. Unless othe! yv ise specified he! ein, the definitions, classifications and uses shall be as set forth in the City of\Vinter Springs Land Development Code. Duildihg penuit. Any building or constl uction peIluit I equi! ed unde] the ~vVinte! Splihgs Duildtllg Code, Chap tel G of this Code. .Pire public safety facilities capital impIO'\1enlents. Tile land, building, facilities, vehicks and equipmellt hecess<try fOI the file deparl.ment of the city to plovide firefighting and file plotection seI vices and pma111edic seI vices to the citizens oPvV-intel Splmgs. No111esidential. Includes alllalld uses not otherwise specified aSlesidehtial or exempted as set fortll herein. This shall include, but is hot limited to day cm e facilities, residential cal e facilities, nurStllg homes, boat ding houses, home occupations, educational facilities, librm ies, cultul al facilities, chUlches, ail comnlelcial uses, all tlatlsient lodging atld entertainment facilities except those which ale tempOlaty in natule, all automotive facilities mlmic1 stIuctu!es, all miscellatleous busihess uses and sel v ices atld ail industl ial uses. Residential. Includes single-family dwellings, ll1ulti-fmllily dwelling units, mobile homes, accessory d w eHing units, accessory I esidentiai stl tlctures. Sec. 9-396.3. Applicability and exemptions. This division shall apply to ail ne\\< constluction within the city limits except the fullowing. (1) .Expatlsion of a I esidehtiai d weHihg unit hot (,1 eattllg mlothel d welling unit, and (2) Remodeling or I ebuilding of atry StructUl e, atId (J) Constluction unclel ml} building penuit originally issued durihg the yeal pleceding the effective date ofth:is OIdinance No. 488 [Jul} 9, 1990], and City of Winter Springs Ordinance No. 2003-04 Page 12 of 19 DRAFT 4-10-03 ALTERNATIVE FEE STRUcrURE (4) Temporary activities and uses includin~, but not limited to temporary cOhstruction and teltlpOrary C0l11111ercial amusenlents, and (5) PubliG ser v ice str UGtur es, and (G) Publicly o\1Vhed arId operated buildin~ or struGtures used fur ~eneral gOvernmental pU1poses (to include but not limited to sewer, storl11water, fire, ground trarlsportatioh, solid waste, path, reGreation and Gultur-al purposes), and (7) Construction associated with raising animals, and (8) Construction related to a~riculture. Sec. 9-396.4. Detel'nlillatioll of fee amounts. Impact fees shaH be determined and reviewed at least every other yecu in accOrdatlce with a detailed atIalysis of projected construction withir. the city limits, tile cost of cilly expcillded or new capital facilities cuId equipnleltt fur fir e public serv ice faGilities generated by such constr uGtion cilld the money other wise available to Itleet such costs. The Gity Gommissioh may annually adjust the established impact fee rate to reflect the Ghcill~eS in the cost of relevant capital facnities and equipment. All dlcill~es or adjustments in the established impaGt fee rates shaH be made by ordinance and shall apply only to construction for whiGh buildin~ permits are issued after the effective date of such or di.1lci1lce. Sec. 9-396.5. Payment of fees. ( a) Time of pay mellt. The fu e public safety facilities fee is to be paid pr iOl to or in conjunction with the issuance of a building permit. (b) Metllod ofpayment. Impact fees shall be paid in Gash unless tIle city commission specifically accepts cill in-kind Gontributiol1 of land or capital facilities fur public use. Credit fur any in-kir.d contribu1.ioh shaH be 011 a fait market value basis as of the date the city. Gom11lissiol1 aGcepts the offer of SUGh contribution. The fair mcilket value of ciltj lcilld aCGeptGd as an in-kind contribution shall be eity of Winter Springs Ordinance No. 2003-04 Page 13 of 19 DRAFf 4-10-03 ALTERNATIVE FEE STRUCTURE based UpOh an appraisal of its highest and best use then allowed undeI its current land use designation. Such appraisal shaH be paid fOl by the. donol. (c) Amount of fee. The file public. safety facilities to be paid prior to 01 in cOI~unction with the issuance. of a building pe1!uit shaH be le\1ied based UpOlI the fOllowing fOrmula and in tile following amounts. (1) Residential. (CAI X RC}/RDU Cost pel dweHing unit. (2) Non-I esidential. (CAI X NC)/NSF'" Cost per squale fOot of 1I01I-lesidential development. CAI RC NC RDU NSP Capita:l asset in vento!). reI cent I esidential calls. reI centage of nom esidentia:l calls. Nunlbe1 of I esidentia:l d wellilIg units. Nomesidentia:l squale footage (Non-Iesidential fee shall be Ie\' ied upon that portion of a stl ucture. ~ hich is classified as nOlll esidential). Sec. 9-396.6. C. edits. An applicallt for a building pel mit sha:ll be entitled to a C1 edit against futm e impact fees assessed pursuant to this Ordinance rOI contributions, dedications, 01 implovenlelits required by the ciry 01 through agreemelIts ~ith the city as a condition of allY developll1elIt pellllit by the city, and said cledit shall be an amount equal to the fail malket value. of any contlibution ofland 01 capital facilities for public use. The fail malket va:lue. sha:ll be detemuned as of the date the city conlluission accepts the offer of such contribution. The fail malket value. ofany land acceptGd fOr cledit of future impact fees shall be based upon an applaisal of its highest and best use and then a:llowed undeI its City of Winter Springs Ordinance No. 2003-04 Page 14 of 19 DRAFf 4-10-03 ALTERNATIVE FEE STRUCTURE cUIIent land use designation. Such applaisal sllall be paid rol by tlle donol. No cIedit wiH be gHl11ted pursuant to this section unless the contlibution oflahd or capital facilities for public use \'Vas made withilt the year pleceding the effective date o[this Ordinance No. 4788 [July 9, 1990], and the conttibution ofland or capital facilities rol pubic use has been 01 wiH be induded in the capital asset in v entol) of the fil e depar tl11ent of the City of \Yintel S pI ings. Sec.. 9-396.7. Establishment of a tr ust fund. (a) The impact f~es collected by the city pUlsuant to tllis division shall be kept sepalate fioIn othel 1 evenue of the city and a capital exparlsiol1 tt ust flUId is hel eby Cl eated. Pit e Plotection Capital DXpallSion Trust fund. (b) Use of funds. The alnounts in the fit e plotection capital expansion trust fund shaH be used only rol the purpose contained il1 the title of such fund and fol no otllel purpose. DxpendittlI es fi om the fuhd shall be specifically apploved by the city conl1lnssion alld shall be limited to the c.xpa:hsion/acquisition of capital faGilities or equipment made necessar y by the new constl uGtion from which the fees wel e collected 01 for principal payments (indudittg sinking fand pa} luents) on bonds to expand 01 acquil c. sodl facilities or equipmellt. Derol e authorizing all expenditure fi. om arlY one of these tlust funds, the Cft} cOl1l1uission slla:ll detelmllle that. (1 ) Such expenditure is for capital facilities or equipment to be used for the purpose contaiiled in the title of the tl ust fuhd fi om \'V hich the expenditure is to be made, arId (2) Such expenditUl e is made necessary by the net\- constl uction fi om w hid I such funds wew collec.ted, and (3) Such expendftul e sllalll c.Sult in a bendlt to the new constl uction fi. om which said fuhds were collected. Sec. 9-396.8. Capital expansion plans. The city's fire deparimel1t, whidl is to receive fands collected pursuant to this itllpact fee ordinallCe shall plepme and maintain a capital eXpa1ISiOlI plah for its individual funds which sllall be for a petiod of no less than one (1) year. The fire departnlent's plan shall be 1 eviewed arId apprOved City of Winter Springs Ordinance No. 2003-04 Page 15 of 19 DRAFT 4-10-03 ALTERNATIVE FEE STRUCTURE by the cit} conullission at kast amlUally during the budget rCvit:.w process. Sec. 9-396.9. Refunds. Refunds offue public safrt} facilities fees paid heleundeI may be allowed upon application thetef01 when it is deteII1lined that no constIUction undeI a building pt:.lnlit has OCCUI1cd, and the building pemlit issued fuI such const! uction has expi1 ed or otheI \tv ise been cancelled. Sec. 9-396.10. Vested lights. (a) A developeI 01 SUCCCSSOI in thtclest of land ~h:ich has Iecei\<ed a building pelnlit may petition the city conmlission fur a vested lights deteII1lil1ation wllich would exempt the petitioneI flom the plovisions of this division. Such petition shall be evaluated by the. city att0111CY and a recommendation thereon subnlitted to the city conmlission based upon the foHowing "Iitelia. (1) There exists a valid, uIle.xpil ed gOveI lIment act of auth01 izing a spe.cific development for wllich a deteII1lination is sought, (2) Dxpenditules 01 obligatiohs made 01 ihcuned in reliance upon the autholiL.ing act that Me reasonably equi'\1alent to the fees Iequiled by tIlis division, (3) That it would be inequitable to deny the petitioneI the opportUIlity to complete the pleviously app!ovcd developluent uhdel the conditions of approval by Iequi!il1g the developel to comply with the lequilements of this division. (b) I' or the purpose of this seaion, the folio wing factols shall be. considel ed in detellll.ining whethel it WOuld be inequitable to deny the petitionel the opportUIliry to cOI1lplete the Pieviously apprOved development. (1) Vlhether tile injury suffe! ed by the petitioner outweighs the public cost of allowing thc developIllent to go ful ~a1d without payment of the fee required by this division, City of Winter Springs Ordinance No. 2003-04 Page 16 of 19 DRAFT 4-10-03 ALTERNATIVE FEE STRUcrURE (2) \\lIetheI the eApens(, 01 obligations wele made or incuned subsequent to May 14, 1990, aftel ~hich da} the adoption of this Ordinal1ce was pending, al1d (3) \Vl1ethel tile opeIatioli of this division would cleaN~ an eJloneous bulden whidl would prevent pelitiohel flonl ma:lcihg a leasona:ble letu1l1 on his investment. (c) The city shall not peuuit the extension of a bui:lding pel1n1t beyond tile initial t.ulle for activcrtion \'Vithout the applicant conlplying with this 0ldinance. (d) If a Ple"iously appro~ed development ordel or othel binding agleement contained conditions legatditlg file sel vice, impacts, fire impact fees and their designcrted uses, 01 contributions to the capital asset inventory of the fiIe department, the developer 01 his successor nlay lequest a modification of such Plior applovalS in oldel to bling the apploval cohditions itrto cOlisistelicy. Sec. 9~396.1l. Penalty fin liolatioll. Violation of tllis di v ision shall constitute a nnsdelt'teanol of the second degl ee. Notwithstatlding the Criln1nal penalty plovided rol heleili, the city Ihay obtain at} it~unction 01 otllel legal equitable I elief it} the eft cuit COUIt against all)1 pel son violating this 01 dit1ance. Sec. 9-396.12. Appeal. Any pelson agglieved by any portion of this divisioli shall appeal directly to tIle cit} comrnissioli. To file atI appeal, all indi vidual must BIG all application with the city luana-gel atld submit such infunncrtion and documel1tation with said application as may be lequired by the, city luana-ger. The city lUatIa-gel shall make a detelmnlation as to the sufficiency of the applicatioh. An application for appeal nlllst be filed \1\-itIl the city manager ~ithi:h thirty (30) days of any action tak.eh by the city rol ~hich a pel son is aggrie\1 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 conflict herewith, are hereby repealed to the extent of the conflict. City of Winter Springs Ordinance No. 2003-04 Page 17 of 19 DRAFT 4-10-03 ALTERNATIVE FEE STRUCTURE 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 necessary to effectuate the foregoing. Section 6. Severability. If any section, subsection, sentence, clause, phrase, word or provision of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, whether for substantive, procedural, or any other reason, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions of this ordinance. Section 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 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: ANTHONYA.GARGANESE City Attorney City of Winter Springs Ordinance No. 2003-04 Page 18 of 19 DRAFT 4-10-03 ALTERNATIVE FEE STRUCTURE First Reading Posted Second Reading and Public Hearing F:\Docs\City of Winter Springs\Ordinances\Impact Fee\Impact_Fee4.wpd City of Winter Springs Ordinance No. 2003-04 Page 19 of 19