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HomeMy WebLinkAbout2011 09 26 Public Hearing 506 Ordinance 2011-13 Repeal Public Building Impact Fee 2nd ReadingCOMMISSION AGENDA ITEM 506 CONSENT INFORMATIONAL PUBLIC HEARING X REGULAR September 26, 2011 MGR /DEPT Meeting Authorization REQUEST: City Manager Requesting the City Commission Approve on Second Reading Ordinance #2011 -13 which Repeals the Public Building Impact Fee SYNOPSIS: The purpose of this agenda item is for the City Commission to consider repealing the Public Building Impact Fee which was established in 2003. Sufficient monies are available in the fund to complete the contemplated improvements to City Hall. No other unfunded growth related public building needs have been identified to warrant continuation of this impact fee. CONSIDERATIONS: The public building impact fee was established in 2003 with the adoption of Ordinance 2003- 38. The growth related needs identified for the creation of this impact fee were two phases of expanding City Hall and construction of a portion of the public works compound at a total projected cost of $2,924,000. Due to the ongoing efforts to optimize City Hall staffing requirements, the need to expand City Hall has been eliminated and only interior modifications are needed to implement the customer service initiatives currently envisioned. Included in these modifications is upgrading the phone system. The remaining construction for the Public Works Compound is the Admin Building which has sufficient funds set aside from the Enterprise Funds for that construction at a future date. As of 9/30/2010, the Public Buildings Impact Fee Fund had a balance of $391,530 which will be sufficient for the interior modifications and phone system upgrade. These funds can only be used for growth related public building impact fee improvements. The current public building impact fees are a maximum of $400 per dwelling unit and $925 per 1,000 square feet for commercial. 201109 26 Public Hearing 506 Public Hearing Ordinance 2011 -13 Repeal Public Building Impact Fee 2nd Reading City Commission — Regular Meeting September 12, 2011 Public Hearing Agenda Item 506 Page 2 of 2 FISCAL IMPACTS: The repeal of this impact fee will result in a savings to new development or redevelopment of up to $400 per dwelling unit and up to $925 per 1,000 square feet for commercial development. COMMUNICATION EFFORTS: This Agenda Item Has Been Electronically Forwarded To The Mayor And City Commission, City Manager, City Attorney /Staff, And Is Available On The City's Website, LaserFiche, And The City's Server. Additionally, Portions Of This Agenda Item Are Typed Verbatim On The Respective Meeting Agenda Which Has Also Been Electronically Forwarded To The Individuals Noted Above, And Which Is Also Available On The City's Website, LaserFiche, And The City's Server; Has Been Sent To Applicable City Staff, eAlert /eCitizen Recipients, Media/Press Representatives Who Have Requested Agendas /Agenda Item Information, Homeowner's Associations/Representatives On File With The City, And All Individuals Who Have Requested Such Information. This Information Has Also Been Posted Outside City Hall, Posted Inside City Hall With Additional Copies Available For The General Public, And Posted At Five (5) Different Locations Around The City. Furthermore, This Information Is Also Available To Any Individual Requestors. City Staff Is Always Willing To Discuss This Agenda Item Or Any Agenda Item With Any Interested Individuals. In addition, development services staff is advising any affected applicants in the permit review process of the potential repeal of this impact fee. The Notice of Public Hearing for this Ordinance was advertised on September 15, 2011 in the Orlando Sentinel classifieds. A copy of the ad is attached. RECOMMENDATION: Staff recommends the City Commission hold a public hearing and approve on second reading Ordinance 2011 -13 repealing the Public Building Impact Fee. ATTACHMENTS: 1. Ordinance 2011 -13 (7 pages) 2. Ordinance 2011 -13 Classified Ad (1 page) 201109 26 Public Hearing 506 Public Hearing Ordinance 2011 -13 Repeal Public Building Impact Fee 2nd Reading ORDINANCE NO. 2011 -13 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA, AMENDING THE CODE OF ORDINANCES CHAPTER 9, ARTICLE VIII, IMPACT FEES, BY REPEALING THE PUBLIC BUILDING IMPACT FEE ESTABLISHED BY ORDINANCE 2003 -38; AUTHORIZING THE EXPENDITURE OF FUNDS REMAINING IN THE PUBLIC BUILDING CAPITAL EXPANSION TRUST FUND FOR PURPOSES CONSISTENT WITH SECTION 9 -391.7 (b) OF THE CITY CODE; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS, INCORPORATION INTO THE CODE, SEVERABILITY, AND AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Winter Springs, Florida, previously adopted Ordinance No. 2003 -38 establishing a public building impact fee to require new development to pay their equitable share of public improvements that must be constructed to serve new growth; and WHEREAS, since the adoption of Ordinance No. 2003 -38, the City has been collecting public building impact fees and maintaining said fees in the Public Building Capital Expansion Trust Fund; and WHEREAS, due to the recent economic recession and previous City budget adjustments relative to City personnel staffing requirements, the City Commission hereby finds that the City no longer requires construction of certain public building improvements originally contemplated in the adopted impact fee project list for public buildings; and WHEREAS, as a result, the City Commission desires to repeal the public building impact fee previously adopted pursuant to Ordinance No. 2003 -38; and WHEREAS, the City Commission also finds that in lieu of construction of the previously contemplated two phase City Hall expansion project, the City desires to complete a smaller City Hall renovation project, including modifications to the lobby and upgrade to the City Hall phone system, that will more economically allow the City to handle the previous growth experienced by the City since the adoption of Ordinance No, 2003 -3 8, as well as future growth projections in the foreseeable future; and WHEREAS, the City Commission hereby authorizes that any funds remaining in the Public Building Expansion Trust Fund shall be used for aforementioned City Hall renovation project and /or such other public building capital improvement projects that maybe authorized by the City Commission; and City of Winter Springs Ordinance No. 2011 -13 Page 1 of 7 WHEREAS, the City Commission declares that the use of such funds for said purposes is consistent with the expenditure requirements set forth in section 9 -391.7 (b) of the City Code; 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, the City Commission hereby finds that this Ordinance is in the best interests of the public health, safety, and welfare of the citizens of Winter Springs. 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 type indicates deletions, while asterisks (* * *) indicate a deletion from this Ordinance of text existing in Chapter 9, Article VIII, Division 3. It is intended that the text in Chapter 9, Article VIII, Division 3 denoted by the asterisks and set forth in this Ordinance shall remain unchanged from the language existing prior to adoption of this Ordinance): ARTICLE VIII. IMPACT FEES DIVISION 3. POLICE, FIRE, AND PARKS AND RECREATION Sec. 9-391. Generally. The city commission hereby establishes police, fire, nd 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 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. City of Winter Springs Ordinance No. 2011 -13 Page 2 of 7 Sec. 9- 391.1. Levy and purpose. For the purpose of helping to defray the cost of new or expanded police, fire, p�rbe 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 justification for, the impact fees adopted under this division, the city commission hereby adopts by reference the reports prepared by Land Design Innovations, Inc. entitled, "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. L11Q 194 (go Residential: Includes single - family dwellings, multifamily dwelling units, mobile homes, accessory dwelling units, accessory residential structures. Sec. 9- 391.5. Payment of fees. (c) Amount of fee. The following impact fees are hereby adopted: City of Winter Springs Ordinance No. 2011 -13 Page 3 of 7 1 AI oil I I III 11 9 111 111 111 1 1 11 oil 1I III 1 111111 11 1 11 il III III 1 11 111 1 11 91 0 I�� ♦ - ♦♦ - ♦♦ �- ♦- - ♦♦ - - - ♦ - a-- -- dM I -- - -- 11 T T T = _I 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: Sec. 9- 391.8. Capital expansion plans. The city's police, fire and parks and recreation department, which i� are to receive funds collected pursuant to this impact fee division, shall prepare and maintain a capital expansion plan for their respective individual funds which shall be for a period of no less than one (1) year. Each department's plan shall be reviewed and approved by the city commission at least annually during U la the budget review process. ' I- la Sec. 9- 391.10. Vested rights. City of Winter Springs Ordinance No. 2011 -13 Page 4 of 7 (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 authorizing a specific development for which a determination is sought; (2) Expenditures or obligations made or incurred in reliance upon the authorizing act that are reasonably equivalent to the fees required by this division; (3) That it would be inequitable to deny the petitioner the opportunity to complete the previously approved development under the conditions of approval by requiring the developer to comply with the requirements of this division; (4) 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) With respect to the relevant impact fee, Wwhether the expense or obligations were made or incurred subsequent to November 1, 2002, after which day the adoption of the police, fire, and parks and recreation impact fees required by this division was pending, - or 1 ,K)1 K►J V 1,l-IV V ✓, K1Vr�1 ♦ • 111 V11 �.FK ] V11 �/ K�rFV �../ V1 V11 V1 V11 �/ �.../ KV11V V K11 �.F111)1►J 1111 /KV V 1�/�/ 1 /V� K11 /�.F V UIR5 •and•/ 1 1 �/ 1 •/ ,, (3) Whether the operation of this division would create an 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 impact fees required by this division and their designated uses, or contributions to the capital asset inventory of the 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. City of Winter Springs Ordinance No. 2011 -13 Page 5 of 7 Section 3. Use of Public Buildings Capital Expansion Trust Fund. Pursuant to section 9 -391.7 (b) of the City Code, the City Commission hereby authorizes the City to use the remaining balance of funds allocated to the Public Buildings Capital Trust Fund to be utilized for the City Hall renovation project identified in the recitals of this Ordinance and/or such other public building capital improvement project that maybe authorized by the City Commission. Upon the expenditure of all funds allocated to the Public Buildings Capital Trust Fund by the City, said fund shall be deemed no longer necessary and hereby cancelled.. Section 4. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent ordinances and resolutions adopted by the City Commission, or parts of prior ordinances and resolutions in conflict herewith, are hereby repealed to the extent of the conflict. Section 5. Incorporation Into Code. 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. [Adoption Page Follows] City of Winter Springs Ordinance No. 2011 -13 Page 6 of 7 ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular meeting assembled on the day of 1 2011. ATTEST: ANDREA LORENZO- LUACES City Clerk CITY OF WINTER SPRINGS, FLORIDA CHARLES LACEY Mayor Approved as to legal form and sufficiency for the City of Winter Springs only: ANTHONY A. GARGANESE City Attorney First Reading Posted Second Reading and Public Hearing City of Winter Springs Ordinance No. 2011 -13 Page 7 of 7 Cit Of Winter Sprin 1126 E STATE ROAD 434 ORDINANCE NO. 2011 -13 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA, AMENDING THE CODE OF ORDINANCES CHAPTER 9, ARTICLE VIII, IMPACT FEES, BY REPEALING THE PUBLIC BUILDING IMPACT FEE ESTABLISHED BY ORDINANCE 2003 -38; AUTHORIZING THE EXPENDITURE OF FUNDS REMAINING IN THE PUBLIC BUILDING CAPITAL EXPANSION TRUST FUND FOR PURPOSES CONSISTENT WITII SECTION 9 -391.7 (b) OF THE CITY CODE; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS, INCORPORATION INTO THE CODE, SEVERABILITY, AND AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Winter Springs. Florida, previously adopted Ordinance No. 2003 -38 establishing a public building impact lee to require new development to pay their equitable share of public improvements that must be constricted to serve new growth; and WHEREAS, since the adoption of Ordinance No. 2003 -38, the City has been collecting public building impact fees and maintaining said fees in the Public Building Capital Expansion Trust Fund; and WHEREAS, due to the recent economic recession and previous City budget adjustments relative to City personnel staffing requirements, the City Commission hereby finds that the City no longer requires construction of certain public building improvements originally contemplated in the adopted impact fee project list for public buildings; and WHEREAS, as a result, the City Commission desires to repeal the public building impact f'ec previously adopted pursuant to Ordinance No. 2003 -38; and WIIEREAS, the City Commission also finds that in lieu of construction of the previously contemplated two phase City Hall expansion project, the City desires to complete a smaller City Hall renovation project, including modifications to the lobby and upgrade to the City Hall phone system, that will more economically allow the City to handle the previous growth experienced by the City since the adoption of Ordinance No, 2003 -38, as well as future growth projections in the foreseeable future: and WHEREAS, the City Coimission hereby authorizes that any funds remaining in the Public Building Expansion Trust Fund shall be used for aforementioned City Hall renovation project and /or such other public building capital improvement projects that may be authorized by the City Commission; and City or Winter Springs Ordinance No. 2011 -13 Page I of' 7 WHEREAS, the City Commission declares that the use of such funds for said purposes is consistent with the expenditure requirements set forth in section 9 -391.7 (b) of the City Code; and WHEREAS, this Ordinance is enacted pursuant to the Florida Municipal Ironic 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 ter new development; and WHEREAS, the City Commission hereby finds that this Ordinance is in the best interests of the public health, safety, and welfare of the citizens of Winter Springs. 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, Division3, is hereby amended as follows (underlined type indicates additions and NitiL.mt type indicates deletions, while asterisks (* * *) indicate a deletion from this Ordinance oftcxt existing in Chapter 9, Article VIII, Division 3. It is intended that the text in Chapter 9, Article VIIi, Division 3 denoted by the asterisks and set forth in this Ordinance shall remain unchanged from the language existing prior to adoption of this Ordinance): ARTICLE VIII. IMPACT FEES * ** DIVISION 3. POLICE, FIRE, , . AND PARKS AND RECREATION Sec. 9-391. Generally. The city commission hereby establishes police, tire, publk 1.,u;id 11 s 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 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. City of winter Springs Ordinance No. 2011 -13 Page 2 of 7 Sec. 9- 391.1. Levy and purpose. For the purpose of helping to defray the cost of new or expanded police, fire, ptrbfic buildin 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 he consistent with the principles for allocating a fair share of the cost of new public facilities to new users as established by the Florida Supreme Court. In support of, and as legal justification for, the impact fees adopted under this division, the city commission hereby adopts by reference the reports prepared by Land. Design. Innovations, Inc. entitled, "City of Winter Springs Impact Fee Analysis Report for Police, Fire /Rescue and Parks & Recreation," dated November 2002 and "Cit of Wint1.4. S Public I„n Pic Analysis RL, irate) August. 2003. Sec. 9-391.2. Definitions. Unless otherwise specified herein., the definitions, classifications and uses shall he as set forth in the City of Winter Springs Land Development Code. * * * tf} Public map tal inipioviAnoits. T1,c land, buildings, fuaitics, and ad,i,u,lottatry c,t,LC„S (,f Winter S (ED Residential: Includes single - family dwellings, multifamily dwelling units, mobile hones, accessory dwelling units, accessory residential structures. * * * Sec. 9- 391.5. Payment of fees. * * * (c) Amount of fee. The following impact fees are hereby adopted: * * * (5) Public Buildings: (i) $400.00 N om, dwJ1'ru al lit. .� City of Winter Springs Ordinance No. 201 r -r3 Page 3 of' 7 l lc,v�C v�r, C xc dit shall l,c &duacd flow dn., publi.. 1 i1Juxt.; iuxpav,t. f .. to offset },ay6 vvl ,n w d..vL1 1 nuLxxt w d di uno (it, the f.v,.h 1.,cr ona1 S. 1 avxcc taAC5 and 1! uc sc fccs) to improvements as follows: OMNI WISNPFli i • .. ( • IF I - 1 175 . 87 ,, 1171`)5 , 167. 11163.27 ,,, 1.58.47 * * * 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: * * * (4) Public Buildings Capital E pan ion Lust Fund. * * * Sec. 9- 391.8. Capital expansion plans. The city's police, fire and parks and recreation departments, which i are to receive funds collected pursuant to this impact fee division, shall prepare and maintain a capital expansion plan for their respective individual funds which shall be for a period of no less than one (1) year. Each department's plan shall be reviewed and approved by the city commission at least annually during the budget review process. - * * * Sec. 9- 391.10. Vested rights. C ity of winter Springs Ordinance No. 2011-13 Page 4 of 7 A developer or successor in interest of land which has received a building permit may (a ) p by Y 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 authorizing a specific development for which a determination is sought; (2) Expenditures or obligations made or incurred in reliance upon the authorizing act that are reasonably equivalent to the fees required by this division; (3) That it would be inequitable to deny the petitioner the opportunity to complete the previously approved development under the conditions of approval by requiring the developer to comply with the requirements of this division; (4) 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) With respect to the relevant impact fee, Wwhether the expense or obligations were made or incurred subsequent to November 1, 2002, after which day the adoption of the police, fire, and parks and recreation impact .fees required. by this division was pending,-rrr Au 1,2003, zlftw which day tl,c 2rdoptiim of tlic public buildings nrrpait f1/4.,c rc y t.uicd by this Lli.virnli ,fas E )Z7.rdin.. ; and (3) Whether the operation of this division would create an 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 impact frees required by this division and their designated uses, or contributions to the capital asset inventory of the respective departments, the developer or his successor may request a modification of such prior approvals in order to bring the approval conditions into consistency with the requirements of this division. * * City of Winter Springs Ordinance No. 2011 -1 3 Page 5 of 7 ORDINANCE NO. 2011 -13 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA, AMENDING THE CODE OF ORDINANCES CHAPTER 9, ARTICLE VIII, IMPACT FEES, BY REPEALING THE PUBLIC BUILDING IMPACT FEE ESTABLISHED BY ORDINANCE 2003 -38; AUTHORIZING THE EXPENDITURE OF FUNDS REMAINING IN THE PUBLIC BUILDING CAPITAL EXPANSION TRUST FUND FOR PURPOSES CONSISTENT WITII SECTION 9 -391.7 (b) OF THE CITY CODE; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS, INCORPORATION INTO THE CODE, SEVERABILITY, AND AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Winter Springs. Florida, previously adopted Ordinance No. 2003 -38 establishing a public building impact lee to require new development to pay their equitable share of public improvements that must be constricted to serve new growth; and WHEREAS, since the adoption of Ordinance No. 2003 -38, the City has been collecting public building impact fees and maintaining said fees in the Public Building Capital Expansion Trust Fund; and WHEREAS, due to the recent economic recession and previous City budget adjustments relative to City personnel staffing requirements, the City Commission hereby finds that the City no longer requires construction of certain public building improvements originally contemplated in the adopted impact fee project list for public buildings; and WHEREAS, as a result, the City Commission desires to repeal the public building impact f'ec previously adopted pursuant to Ordinance No. 2003 -38; and WIIEREAS, the City Commission also finds that in lieu of construction of the previously contemplated two phase City Hall expansion project, the City desires to complete a smaller City Hall renovation project, including modifications to the lobby and upgrade to the City Hall phone system, that will more economically allow the City to handle the previous growth experienced by the City since the adoption of Ordinance No, 2003 -38, as well as future growth projections in the foreseeable future: and WHEREAS, the City Coimission hereby authorizes that any funds remaining in the Public Building Expansion Trust Fund shall be used for aforementioned City Hall renovation project and /or such other public building capital improvement projects that may be authorized by the City Commission; and City or Winter Springs Ordinance No. 2011 -13 Page I of' 7 WHEREAS, the City Commission declares that the use of such funds for said purposes is consistent with the expenditure requirements set forth in section 9 -391.7 (b) of the City Code; and WHEREAS, this Ordinance is enacted pursuant to the Florida Municipal Ironic 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 ter new development; and WHEREAS, the City Commission hereby finds that this Ordinance is in the best interests of the public health, safety, and welfare of the citizens of Winter Springs. 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, Division3, is hereby amended as follows (underlined type indicates additions and NitiL.mt type indicates deletions, while asterisks (* * *) indicate a deletion from this Ordinance oftcxt existing in Chapter 9, Article VIII, Division 3. It is intended that the text in Chapter 9, Article VIIi, Division 3 denoted by the asterisks and set forth in this Ordinance shall remain unchanged from the language existing prior to adoption of this Ordinance): ARTICLE VIII. IMPACT FEES * ** DIVISION 3. POLICE, FIRE, , . AND PARKS AND RECREATION Sec. 9-391. Generally. The city commission hereby establishes police, tire, publk 1.,u;id 11 s 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 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. City of winter Springs Ordinance No. 2011 -13 Page 2 of 7 Sec. 9- 391.1. Levy and purpose. For the purpose of helping to defray the cost of new or expanded police, fire, ptrbfic buildin 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 he consistent with the principles for allocating a fair share of the cost of new public facilities to new users as established by the Florida Supreme Court. In support of, and as legal justification for, the impact fees adopted under this division, the city commission hereby adopts by reference the reports prepared by Land. Design. Innovations, Inc. entitled, "City of Winter Springs Impact Fee Analysis Report for Police, Fire /Rescue and Parks & Recreation," dated November 2002 and "Cit of Wint1.4. S Public I„n Pic Analysis RL, irate) August. 2003. Sec. 9-391.2. Definitions. Unless otherwise specified herein., the definitions, classifications and uses shall he as set forth in the City of Winter Springs Land Development Code. * * * tf} Public map tal inipioviAnoits. T1,c land, buildings, fuaitics, and ad,i,u,lottatry c,t,LC„S (,f Winter S (ED Residential: Includes single - family dwellings, multifamily dwelling units, mobile hones, accessory dwelling units, accessory residential structures. * * * Sec. 9- 391.5. Payment of fees. * * * (c) Amount of fee. The following impact fees are hereby adopted: * * * (5) Public Buildings: (i) $400.00 N om, dwJ1'ru al lit. .� City of Winter Springs Ordinance No. 201 r -r3 Page 3 of' 7 l lc,v�C v�r, C xc dit shall l,c &duacd flow dn., publi.. 1 i1Juxt.; iuxpav,t. f .. to offset },ay6 vvl ,n w d..vL1 1 nuLxxt w d di uno (it, the f.v,.h 1.,cr ona1 S. 1 avxcc taAC5 and 1! uc sc fccs) to improvements as follows: OMNI WISNPFli i • .. ( • IF I - 1 175 . 87 ,, 1171`)5 , 167. 11163.27 ,,, 1.58.47 * * * 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: * * * (4) Public Buildings Capital E pan ion Lust Fund. * * * Sec. 9- 391.8. Capital expansion plans. The city's police, fire and parks and recreation departments, which i are to receive funds collected pursuant to this impact fee division, shall prepare and maintain a capital expansion plan for their respective individual funds which shall be for a period of no less than one (1) year. Each department's plan shall be reviewed and approved by the city commission at least annually during the budget review process. - * * * Sec. 9- 391.10. Vested rights. C ity of winter Springs Ordinance No. 2011-13 Page 4 of 7 A developer or successor in interest of land which has received a building permit may (a ) p by Y 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 authorizing a specific development for which a determination is sought; (2) Expenditures or obligations made or incurred in reliance upon the authorizing act that are reasonably equivalent to the fees required by this division; (3) That it would be inequitable to deny the petitioner the opportunity to complete the previously approved development under the conditions of approval by requiring the developer to comply with the requirements of this division; (4) 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) With respect to the relevant impact fee, Wwhether the expense or obligations were made or incurred subsequent to November 1, 2002, after which day the adoption of the police, fire, and parks and recreation impact .fees required. by this division was pending,-rrr Au 1,2003, zlftw which day tl,c 2rdoptiim of tlic public buildings nrrpait f1/4.,c rc y t.uicd by this Lli.virnli ,fas E )Z7.rdin.. ; and (3) Whether the operation of this division would create an 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 impact frees required by this division and their designated uses, or contributions to the capital asset inventory of the respective departments, the developer or his successor may request a modification of such prior approvals in order to bring the approval conditions into consistency with the requirements of this division. * * City of Winter Springs Ordinance No. 2011 -1 3 Page 5 of 7 Section 3. Use of Public Buildings Capital Expansion Trust Fund. Pursuant to section 9 -391.7 (b) of the City Code, the City Commission. hereby authorizes the City to use the remaining balance of funds allocated to the Public Buildings Capital Trust Fund to be utilized for the City Hall renovation project identified in the recitals of this Ordinance and /or such other public building capital improvement project that may be authorized by the City Commission. Upon the expenditure of all funds allocated to the Public Buildings Capital Trust Fund by the City, said fund shall be deern.cd no longer necessary and hereby cancelled.. Section 4. Repeal of Prior Inconsistent Ordinances and Resolutions. Al.l prior inconsistent ordinances and resolutions adopted by the City Commission, or parts of prior ordinances and resolutions in conflict herewith, are hereby repealed to the extent of the conflict. Section 5. Incorporation Into Code. This Ordinance shall he 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 Convnission of the City of Winter Springs, Florida, and pursuant to City Charter. [Adoption Page Follows] City of winter Springs Ordinance No. 2011-13 Page 6 of 7 ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular meeting assembled on the 26thday of September , 2011. ATTEST: CITY OF WINTER SPRINGS, FLORIDA AN 151 i RENZO- LUACES C ARLES L Mayor - t r Approved as to legal form and sufficiency for the City of Winter Springs only: • ANTHONY A. GARGANESE City Attorney First Reading September 12th, 2011 Posted September 13th, 2011 Second Reading and Public Hearing September 26th, 2011 City o \V inter Springs Ordinance No. 2011 -13 Page 7 of 7