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HomeMy WebLinkAbout2016 11 21 Public Hearing 400 Ordinance 2016-10, First Reading, Transportation Impact FeesCOMMISSION AGENDA ITEM 400 Informational Consent Public Hearings X Regular November 21, 2016 KS KL Special Meeting City Manager Department REQUEST: The Public Works Department requesting the City Commission: 1) Adopt the 2016 Transportation Impact Fee Study; and 2) Approve First Reading of Ordinance No. 2016 -10 updating the City's Transportation Impact Fee Ordinance. SYNOPSIS: A Transportation Impact Fee Study was recently completed for the City by Raftelis Financial Consultants, Inc. in October 2016. The purpose of the study was to review and update the City's transportation impact fees, which were last updated in 2005. This agenda item adopts the 2016 Transportation Impact Fee Study and presents the first reading of Ordinance No. 2016 -10 updating the Transportation Impact Fee Ordinance including the rate schedule. CONSIDERATIONS: . Transportation Impact Fees are established by local governments to require new development to pay their equitable share of public transportation improvements that must be constructed to serve new growth. . The City's Transportation Impact Fee ordinance and fee schedule was last updated in March 2005 (Ordinance 2005 -10). The current Transportation Impact Fee schedule is out of date and needs to be updated to reflect recent development trends as well as the City's projected transportation needs. Staff has heard from numerous consultants and developers that the City's current Transportation Impact Fees are inconsistent with those of surrounding cities and counties, and this does impact development decisions. Public Hearings 400 PAGE 1 OF 3 - November 21, 2016 . At the May 9, 2016 City Commission meeting, the Commission authorized the preparation of a Transportation Impact Fee Study, to be performed by Raftelis Financial Consultants, Inc. . Exhibit A is the 2016 Transportation Impact Fee Study, which was completed in October 2016 by Raftelis Financial Consultants, Inc. The Impact Fee Study updates the City's Transportation Impact Fees to reflect: 1. Recent development trends 2. Updated capital costs, allocations, and credits 3. Completed and planned City transportation projects 4. Land use categories and associated trip generation rates that meet current standards and future City growth trends 5. Conformance with state statutes and standard practices for impact fee calculations . The updated Transportation Impact Fee rate schedule is listed on pages 2 -3 of the Executive Summary in Exhibit A. The rates have been significantly reduced for all land uses except for Nursing Home, which increased by $6 /bed to $386/bed, and Medical Clinic, which was increased to correct an error from the 2005 update. The primary reason for the overall reduction in transportation impact fee rates is the reduction in the "impact fee eligible project costs" due to completion of many major impact fee projects over the past 10 years. . Table 1 below shows a comparison of transportation impact fees for Winter Springs (existing and proposed) and several surrounding agencies. Table 1 Transportation Impact Fee Comparison . Ordinance 2016 -10 amends the city's transportation impact fee regulations and rate schedule in Section 9 -386 of the City Code. The ordinance adopts the transportation impact fee rate schedule from the Transportation Impact Fee Study (Exhibit A). The ordinance also includes text changes that bring the transportation impact fee schedule up to date and in conformance with the 2016 Transportation Impact Fee Study. Public Hearings 400 PAGE 2 OF 3 - November 21, 2016 Winter Winter Springs Springs Seminole Land Use Attributes Existing Proposed Apopka Casselberr Orlando Oviedo Count Single Family Dwelling Unit $3,167 $1,342 $3,101 $800 $3,818 $1,050 $1,185 Multi-Family Dwelling Unit $2,224 $937 $2,178 $517 $2,527 $880 $792 Convenience Market w/ Gas 6,000 sf, 16 Pumps 16 pumps $36,041 $32,694 $269,104 $27,588 $76,176 $38,850 $43,184 General Office Building 50,000 sf $238,769, $77,750 $249,750 $47,850 $211,8501 $90,750 $129,900 otel 200 rooms $373,704 $265,800, $642,400 $81,400 $506,600 $120,600 $165 800 Retail Small 7,500 sf $40,098 $32,535. $96,668 $9,788 $46,988 $12,495 $43,148 Shopping Center/Retail 30,000 sf $150,713 $130,140 S386,6701 S39,1501 S187,950 S49,9801 S172590 Supermarket 30,000 sf $391,928 $106,470 $386,670 $52,590 $233,700 $45,480 $174,000 . Ordinance 2016 -10 amends the city's transportation impact fee regulations and rate schedule in Section 9 -386 of the City Code. The ordinance adopts the transportation impact fee rate schedule from the Transportation Impact Fee Study (Exhibit A). The ordinance also includes text changes that bring the transportation impact fee schedule up to date and in conformance with the 2016 Transportation Impact Fee Study. Public Hearings 400 PAGE 2 OF 3 - November 21, 2016 FISCAL IMPACT: The new transportation impact fee rate schedule reduces City transportation impact fees for almost all residential and commercial land uses. The reduction in future transportation impact fee revenues is offset by a corresponding reduction in both the number and cost of the future projects planned to be funded by transportation impact fees. 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, 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 six (6) 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. RECOMMENDATION: Staff recommends the Commission: 1) Adopt the 2016 Transportation Impact Fee Study; and 2) Approve First Reading of Ordinance No. 2016 -10 updating the City's Transportation Impact Fee Ordinance. ATTACHMENTS: 1. Exhibit A - 2016 Transportation Impact Fee Study (36 pages) 2. Exhibit B -Ordinance No. 2016 -10 (30 pages) Public Hearings 400 PAGE 3 OF 3 - November 21, 2016 EXHIBIT A C' r OF 0 WINTER SPRINGS Incorporated 1959 2016 Transportation Impact Fee Study October 28, 2016 M179-1 Littl�)ohi An S M Com an & p rf RAFTELIS FINANCIAL CONSULTANTS, INC. October 28, 2016 Brian Fields City Engineer City of Winter Springs 1126 East State Road 434 Winter Springs, FL 32708 950 S. Winter Park Drive F 407.960.1806 www.raftelis.com Suite 240 407.960.1803 Casselberry, FL 32707 Subject: 2016 Transportation Impact Fee Study Dear Mr. Fields, Enclosed is the transportation impact fee update report for your use and reference. The attached report includes an executive summary followed by technical sections regarding the calculation of the impact fee by land use with additional background information. It has been a pleasure working with you, and we thank you and the City staff for the support provided during the course of this study. Sincerely, RAFTELIS FINANCIAL CONSULTANTS, INC. Tony Hairston Senior Manager Joe Williams Consultant Littlejohn Engineering Stephanie Shealey, PE Project Engineer TABLE OF CONTENTS EXECUTIVE SUMMARY .............................................. ..............................1 BACKGROUND OF THE STUDY ........................................................ ............................... 1 LANDUSE UPDATE ........................................................................... ............................... 1 CITY ROAD IMPROVEMENTS ............................................................ ............................... 1 TRANSPORTATION IMPACT FEE CALCULATIONS ........................ ............................... 1 COMPARISON TO OTHER LOCAL COMMUNITIES .......................... ............................... 1 SECTION 1. INTRODUCTION AND SERVICE AREA PROJECTED DEVELOPMENT .......................................................... ..............................2 INTRODUCTION................................................................................. ............................... 2 IMPACT FEE BACKGROUND ............................................................ ............................... 2 SCOPEOF SERVICES ....................................................................... ............................... 3 EXISTING TRANSPORTATION IMPACT FEES ................................. ............................... 4 SERVICE AREA PROJECTED DEVELOPMENT ................................ ............................... 5 SUMMARY OF REPORT ..................................................................... ............................... 6 SECTION 2. TRANSPORTATION ANALYSIS ............. ..............................7 GENERAL........................................................................................... ............................... 7 PROJECTED FUTURE DEVELOPMENT ............................................ ............................... 7 STATE PLANNED AND PROGRAMMED IMPROVEMENTS ............... .............................10 EXISTING ROADWAY ANALYSIS ....................................................... .............................11 FUTURE ROADWAY ANALYSIS ......................................................... .............................11 TRIP GENERATION ............................................................................. .............................14 SECTION 3. CITY ROAD IMPROVEMENT PROJECTS AND TRIP RATE ANALYSIS.................................................................. .............................15 GENERAL............................................................................................ .............................15 CITY ROAD IMPROVEMENT PROJECTS ........................................... .............................15 AVERAGE COST PER TRIP CALCULATION ...................................... .............................17 CreditConsiderations .................................................................................. .............................18 SECTION 4. LAND USES AND IMPACT FEE CALCULATIONS ............19 GENERAL............................................................................................ .............................19 IMPACT FEE METHODOLOGY ........................................................... .............................19 IMPACT FEE SCHEDULE .................................................................... .............................21 Transportation Impact Fee Study LIST OF TABLES AND FIGURES Table ES- 1. Average Cost per Trip .......................................................... ............................... 2 Table ES- 2. Updated Impact Fee Schedule ............................................ ............................... 2 Table ES- 3. Comparison to Other Local Communities .......................... ............................... 1 Table 1. Existing Transportation Impact Fees ........................................ ............................... 4 Table 2. Future Development by Land Use ............................................. ............................... 5 Table 3. Future versus Existing Development ........................................ ............................... 6 Figure 1 — Existing OUATS Model for the City of Winter Springs .......... ............................... 8 Figure 2 — Revised OUATS Model for Impact Fee Analysis ................... ............................... 8 Table 4. Residential Development Assumed by TAZ .............................. ............................... 9 Table 5. Employment Development Assumed by TAZ ............................ .............................10 Table 6. State Planned and Programmed Improvements ........................ .............................11 Table 7. Existing Roadway Level of Service ............................................ .............................12 Table 8. No -Build Roadway Level of Service ........................................... .............................12 Table 9. Roadway Level of Service Projection ......................................... .............................13 Table 10. Comparison of No -Build and Projected Development Volumes ..........................13 Table 11. Projected Development by TAZ ................................................ .............................14 Table 12. Projected Development Trip Generation .................................. .............................14 Table 13. City Planned Roadway Improvements and Allocations .......... .............................16 Figure 3. Roadway Improvements Map .................................................... .............................17 Table 14. Average Cost per Trip ................................................................ .............................17 Table 15. Existing and Proposed Land Uses ........................................... .............................19 Table 16. Updated Impact Fee Schedule .................................................. .............................22 Transportation Impact Fee Study This page intentionally left blank to facilitate two -sided printing. Transportation Impact Fee Study EXECUTIVE SUMMARY BACKGROUND OF THE STUDY The City of Winter Springs (the "City ") currently charges a transportation impact fee pursuant to City Code section 9 -386. The transportation impact fees were established with the purpose of defraying costs of local road infrastructure costs necessary to meet the demands of future development The transportation impact fee was last updated in 2005. The City has engaged Raftelis Financial Consultants, Inc. ( "RFC) for the purpose of developing updated transportation impact fees based on current and localized data and to ensure that the appropriate level of revenue will be generated from future development for road projects. For this project RFC has assembled a project team ( "RFC Team ") that includes Littlejohn Engineering and Susan Schoettle -Gumm, Esq. to provide traffic engineering and legal support, respectively. LAND USE UPDATE The purpose of the study is to update the overall transportation impact fee levels but to also review and update the 46 land uses within the current fee schedule. Based on discussions with the City, as well as review of existing land use categories in the fee schedule, and the anticipated future development within the City, Table 15 in Section 4 has been developed to compare the existing land uses with those recommended to be established in this update. As provided on Table 15, the number of land uses has been consolidated down to 39 categories based on a comprehensive review of transportation data and development trends. CITY ROAD IMPROVEMENTS The City has developed a road improvement project list that is designed to meet the transportation needs of the City based on the projected development schedule that the City maintains. These roads serve a variety of purposes such as new turn lanes to reduce congestion of existing and future traffic demands and completely new roadways that will primarily serve new developments. These projects have been discussed in detail by City staff and the RFC Team and have been appropriately allocated to existing and future development, as further discussed in Section 3. The total cost of projects is $15,375,000 of which impact fees are identified as one of the funding sources. TRANSPORTATION IMPACT FEE CALCULATIONF The transportation impact fee calculation is based on determining two primary formula components: i) Average Cost per Trip: the portion of each impact fee eligible project allocated to future development, reduced by existing impact fee funds available, divided by the anticipated one - way trips generated by the future development. ii) Equivalent Trip Factor by Land Use: determined by using various traffic and trip generation factors such as ITE trip rates, trip length ratios and percentage of trips that are new for each land use. This methodology is discussed further in Section 4. The equivalent trip factor by land use is provided in full detail in Exhibit 1. A key element of the impact fee analysis is to calculate the average cost per trip. This calculation involves dividing the impact fee eligible projects by the new one way trips generated by new growth. Executive Summary 1 1 Impact fee eligible project costs are reduced by available impact fee funds to derive the average cost per trip as shown on Table ES -1: Table ES- 1. Average Cost per Trip Impact Fee Identified Project Costs [1] $7,622,500 Less: Impact Fee Funds Available , 532,000 Total Costs for Impact Fees $7,090,500 New 1 -Way Trips [2] 32,675 Average Cost per Trip $217.00 1. Obtained from Table 13. 2. Obtained from Table 12. Using the average cost per trip, the proposed land uses, and the equivalent trip factor by land use as detailed in Exhibit 1 the following table provides the calculated transportation impact fee schedule: Table ES- 2. Undated Impact Fee Schedule Residential General Office Building 1,000 SF GFA $1,555.00 210 Single Family DU $1,342.00 220 Multi - Family DU $937.00 240 Mobile Home Park DU $703.00 254 Assisted Living Facility Bed $375.00 253 Congregate Care DU $284.00 Office 710 General Office Building 1,000 SF GFA $1,555.00 720 Medical/Dental Office Building 1,000 SF GFA $5,096.00 Institutional 560 Church 1,000 SF GFA $1,186.00 565 Day Care Center 1,000 SF GFA $3,214.00 536 Private School Student $2,317.00 Medical 610 Hospital 1,000 SF GFA $1,864.00 620 Nursing Home Bed $386.00 630 Clinic 1,000 SF GFA $4,436.00 Commercial 815 Discount Store 1,000 SF GFA $3,347.00 816 Hardware/Paint Store 1,000 SF GFA $2,470.00 817 Nursery/Garden Store 1,000 SF GFA $3,827.00 Shopping Center/Retail: 820 0 - 50,000 sf 1,000 SF GLA $4,338.00 820 50,001 sf - 100,000 sf 1,000 SF GLA $3,404.00 820 100,001 sf and greater 1,000 SF GLA $2,140.00 Executive Summary 1 2 848 850 851 862 890 931 932 933 934 942 853 945 947 Services 911 912 Recreational 430 444 492 Lodging 310 Industrial Tire Store 1,000 SF GFA Supermarket 1,000 SF GFA Con. Str (24hr) w/o gas 1,000 SF GFA Home Improvement Superstore 1,000 SF GFA Furniture store 1,000 SF GFA Quality Restaurant 1,000 SF GFA High Turnover (Sit -Down) Restaurant 1,000 SF GFA Fast Food Restaurant w /out Drive -thru 1,000 SF GFA Fast Food Restaurant w/Drive -thru 1,000 SF GFA Auto Care Center 1,000 SF GFA Convenience Market w/ Gas Pumps 1,000 SF GFA Gas Service Station w/ Convenience Fueling Position Self Service Car Wash Stall Walk in Bank Drive in Bank Golf Course Movie Theater Health/Fitness Club Hotel 110 General Light Industrial 150 Warehousing 151 Mini - warehouse Note: Impact Fees rounded down to nearest dollar. 1,000 SF GFA 1,000 SF GFA "E� Acre Screen 1,000 SF GFA Executive Summary 1 3 Room 1,000 SF GFA 1,000 SF GFA 1,000 SF GFA $1,384.00 $3,549.00 $7,847.00 $1,354.00 $335.00 $7,104.00 $5,504.00 $27,733.00 $19,216.00 $688.00 $5,449.00 $1,342.00 $4,007.00 $2,278.00 $4,565.00 $656.00 $28,033.00 $6,083.00 $1,329.00 $983.00 $502.00 $352.00 COMPARISON TO OTHER LOCAL COMMUNITIES The following table has been provided to illustrate the level of impact fees charged by other local entities based on their published impact fees at the time of this report. One important note is that the Seminole County impact fees shown would be assessed in addition to any development occurring in any City within Seminole County. Single Family D.U. $3,166.91 $1,342.00 $3,101.00 $800.00 $3,818.00 $1,050.00 $1,185.00 Multi- Family D.U. $2,223.79 $937.00 $2,178.00 $517.00 $2,527.00 $880.00 $792.00 Convenience Market w/ Gas Pumps 6,000 sf $36,040.56 $32,694.00 $269,104.00 $27,588.00 $76,176.00 $38,850.00 $43,184.00 General Office Building 50,000 sf $238,769.00 $77,750.00 $249,750.00 $47,850.00 $211,850.00 $90,750.00 $129,900.00 Hotel 200 rooms $373,704.00 $265,800.00 $642,400.00 $81,400.00 $506,600.00 $120,600.00 $165,800.00 Retail (Small) 7,500 sf $40,097.55 $32,535.00 $96,667.50 $9,787.50 $46,987.50 $12,495.00 $43,147.50 Shopping Center /Retail 30,000 sf $150,712.80 $130,140.00 $386,670.00 $39,150.00 $187,950.00 $49,980.00 $172,590.00 Supermarket A_ 30,000 sf $391,927.80 $106,470.00 $386,670.00 $52,590.00 $233,700.00 $45,480.00 $174,000.00 [1] Assumed 16 pumps for convenience market with gas pumps. [2] Impact fees shown are for the non - downtown area. Assumed 16 pumps for convenience market with gas pumps. [3] Impact fees shown are for the South Central area. Assumed 16 pumps for convenience market with gas pumps. Other Seminole County Cities not referenced in the table above that do not currently charge transportation impact fees include Altamonte Springs, Lake Mary, Longwood, and Sanford. Executive Summary 1 1 SECTION 1. INTRODUCTION AND SERVICE AREA PROJECTED DEVELOPMENT INTRODUCTION The City of Winter Springs (the "City ") currently charges a transportation impact fee pursuant to City Code section 9 -386. The transportation impact fees were established with the purpose of defraying local road infrastructure costs necessary to meet the demands of future development. The transportation impact fee schedule is based on land use type and was last updated in 2005. BACKGROUND Impact fees are one -time charges established as a means to recover in whole or in part, the costs associated with infrastructure and capital equipment needed to accommodate the demands generated by new development Historically, impact fees in Florida were a result of home rule powers with the requirements associated with the development, administration, accounting and expenditure governed by case law. However, in 2006, Section 163.31801 was added to the Florida Statues, which placed specific requirements and limitations on that home rule authority. Florida Statutes Section 163.31801 F.S., as amended in 2011, is currently as follows: 163.31801 Impact fees; short title; intent; definitions; ordinances levying impact fees. — (1) This section may be cited as the "Florida Impact Fee Act." (2) The Legislature finds that impact fees are an important source of revenue for a local governmentto use in funding the infrastructure necessitated by new growth. The Legislature further finds that impact fees are an outgrowth of the home rule power of a local government to provide certain services within its jurisdiction. Due to the growth of impact fee collections and local governments' reliance on impact fees, it is the intent of the Legislature to ensure that, when a county or municipality adopts an impact fee by ordinance or a special district adopts an impact fee by resolution, the governing authority complies with this section. (3) An impact fee adopted by ordinance of a county or municipality or by resolution of a special district must, at minimum: (a) Require that the calculation of the impact fee be based on the most recent and localized data. (b) Provide for accounting and reporting of impact fee collections and expenditures. If a local governmental entity imposes an impact fee to address its infrastructure needs, the entity shall account for the revenues and expenditures of such impact fee in a separate accounting fund. (c) Limit administrative charges for the collection of impact fees to actual costs. (d) Require that notice be provided no less than 90 days before the effective date of an ordinance or resolution imposing a new or increased impact fee. A county or municipality is not required to wait 90 days to decrease, suspend, or eliminate an impact fee. (4) Audits of financial statements of local governmental entities and district school boards which are performed by a certified public accountant pursuant to s.218.39 and submitted to Section 1. Introduction 1 2 the Auditor General must include an affidavit signed by the chief financial officer of the local governmental entity or district school board stating that the local governmental entity or district school board has complied with this section. (5) In any action challenging an impact fee, the government has the burden of proving by a preponderance of the evidence that the imposition or amount of the fee meets the requirements of state legal precedent or this section. The court may not use a deferential standard. Although the statute provides specific impact fee criteria, certain precedents established by case law also constitute the legal requirements associated with impact fees. Case law precedent for impact fees in Florida was originally set in the landmark Florida Supreme Court decision, Contractors and Builders Association of Pinellas County vs. City of Dunedin, Florida. In the ruling, the court identified certain conditions as necessarily present in order to have a valid impact fee. In general, the court decision addressed the following: The impact fee should be reasonably equitable to all parties; that is, the amount of the fee must bear a relationship to the amount of services or facility capacity related to accommodating the new development, 2. The expenditure of impact fees collected should occur within a reasonable time of collection, be on improvements that provide additional capacity for demands generated by new development, and not be used for repair /replacement of existing capital facilities or operations and maintenance costs; and The impact fees collected should be retained in a separate account, and separate accounting must be made for those funds to ensure that they are used only for the lawful purposes described. Based on the criteria provided above, the impact fees herein will: 1) include local current costs of improvements associated with the capacities needed to serve new growth; 2) not include costs of improvements associated with the renewal and replacement (R &R) of existing capital assets or correction of deficiencies in level of service attributed to existing development, and 3) not include costs of operation and maintenance of the capital improvements. This section provides only a general background regarding impact fees. Certain circumstances and issues regarding the interpretation of specific statutes or case law should be addressed by qualified legal counsel. SCOPE OF SERVICES The City of Winter Springs and Raftelis Financial Consultants, Inc. ( "RFC ") entered into a Professional Services Agreement on May 11, 2016 to perform consulting services for a Transportation Impact Fee Update. The project team included RFC, Littlejohn Engineering, and Susan Schoettle -Gumm, Esq. ( "RFC Team "). The scope of services provides for a review of the existing and available land use categories, a review of the City's transportation improvements, allocations of projects to new growth, and the calculation of new impact fees based on currently available data. Section 1. Introduction 1 3 EXISTING TRANSPORTATION IMPACT FEES The City last had a transportation impact fee study completed in 2005 and adopted pursuant to Ordinance 2005 -30. The fees adopted pursuant to this study have been maintained and were based on a prior version of the ITE Manual. The existing impact fees are as follows: Table 1. Existing Transportation Impact Fees ��� 1 1• I i 1 Residential 210 Single - Family Det /Att ` $3,166.91 220 Low -rise Apartments DU $2,223.79 230 Low -rise Res. Condo DU 240 Mobile Home Park DU $1,827.65 253 Congregate Care DU $M Office 710 General Office Building 1,000 SF GFA $4,775.38 720 Medical /Dental Off Bld 1,000 SF GFA $14,509.90 750 Office Park 1,000 SF GFA $4,168.38 770 Business Park 1,000 SF GFA $4,263.54 Institutional 560 Church 1,000 SF GFA $1,931.74 565 Day Care Center 1,000 SF GFA $3,380.46 591 Lodge /FratemalOrg. Member $84.45 Medical 610 Hospital Bed $1,897.17 620 Nursing Home Bed $380.72 630 Clinic 11000 SF GFA $341.36 Commercial 812 Bldg Mat/Lumber Store 1,000 SF GFA $7,373.53 826 Specialty Retail Center 1,000 SF GLA $6,340.44 815 Discount Store 1,000 SF GFA $3,103.34 816 Hardware /Paint Store 1,000 SF GFA $3,874.52 817 Nursery /Garden Store 1,000 SF GFA $3,611.73 820 Shopping Center 1,000 SF GLA $4,298.44 820 Retail 0 - 24,999 sf 1,000 SF GLA $5,346.34 25,000 - 49,999 sf 1,000 SF GLA $5,023.76 50,000 - 99,999 sf 1,000 SF GLA $5,880.23 100,000 - 199,999 sf 1,000 SF GLA $6,084.86 200,000 - 299,999 sf 1,000 SF GLA $6,084.87 931 Quality Restaurant 1,000 SF GFA $19,668.88 932 High Turnover Sit -d.Res 1,000 SF GFA $8,390.80 933 Fast Food w/o Drivethru 1,000 SF GFA $32,297.34 934 Fast Food w /Drivethru 1,000 SF GFA $24,036.69 Section 1. Introduction 1 4 942 Auto Care Center 1,000 SF GLA $3,770.70 945 Svc Sta w /Convenience Pump $1,156.32 947 Self Svc Car Wash Stall $5,777.30 848 Tire Store 1,000 SF GFA $3,177.90 849 Tire Superstore 1,000 SF GFA $2,601.61 850 Supermarket 1,000 SF GFA $13,064.26 851 Con. Str (24hr) w/o gas 1,000 SF GFA $5,242.35 853 Convenience w /gas 1,000 SF GFA $6,006.76 862 Home improvement store 1,000 SF GFA $5,529.10 890 Furniture store 1,000 SF GFA $723.76 Services 911 Walk -in Bank 1,000 SF GFA $5,565.36 912 Drive -in Bank 1,000 SF GFA $11,118.67 Recreational 430 Golf Course Acre $1,111.46 444 Movie Theater Screen $191,719.85 492 Racquet Club 1,000 SF GFA $4,244.35 Lodging 320 Motel Room $1,868.52 Industrial 110 General light industrial 1,000 SF GFA $3,403.79 130 Industrial Park 1,000 SF GFA $2,437.37 150 Warehousing 1,000 SF GFA $2,772.79 151 Mini - warehouse 1,000 SF GFA $875.49 SERVICE AREA PROJECTED DEVELOPMENT The City maintains detailed service area development projections in a schedule that has been populated with anticipated redevelopment and growth by land use for each parcel. The table below summarizes the expected growth by general land use category, which will serve as the basis for cost allocations, trip generation demand, and impact fee levels. Table 2. Future Development by Land Use Description g Square Feet Single Family 726 N/A Multi- Family 773 N/A Office N/A 1,492,050 Commercial N/A 858,847 Industrial N/A 24,000 Total 1,499 2,374,897 Section 1. Introduction 1 5 As shown on Table 2 on the previous page, the City is forecasting approximately 1,499 new dwelling units. This represents an increase over the existing 14,859 dwelling units of around 10 %. Table 3 below presents the forecasted growth and dwelling units in the City based on the development projections they maintain. Table 3. Future versus Existing Development Dwelling Units Square Feet 1• 1 Existing 14,859 1,545,177 Future ME 1,499 2,374,897 Growth % 10% 154% SUMMARY OF REPORT Section 2. Transportation Analysis - This section provides data and analysis related to anticipated future traffic demands resulting from growth identified by the City. The Orlando Urban Area Transportation model was updated with the current growth projections for the City of Winter Springs, and used to determine if there are projected to be any capacity deficiencies which would be the responsibility of the City of Winter Springs and also to determine the significance of traffic from the projected development on proposed improvements by the City of Winter Springs. The transportation analysis section also includes projections of the trip generation for the projected development, based on the ITE Trip Generation Handbook, 9th Edition and the ITE Trip Generation Manual, 3rd Edition. Section 3. City Road Improvement Projects and Trip Rate Anal, - This section summarizes the planned road improvement projects and a discussion of the appropriate allocation of costs between existing and future development Section 4. Transportation Impact Fee Anal, - This section summarizes the average cost per trip, which is then applied to each land use based on the equivalent number of trips generated. Section 1. Introduction 1 6 SECTION 2. TRANSPORTATION ANALYSIS GENERAL A transportation analysis was completed for the City of Winter Springs to provide localized data to input into the formula to calculate the impact fees. The most recent Orlando Urban Area Transportation model ( OUATS 4.0) was used to estimate the existing and future traffic for the roadways within the City. The ITE Trip Generation Handbook, 91h Edition and ITE Trip Generation Manual, 3rd Edition were used to determine specific trip generation and pass -by rates for individual land uses. PROJECTED FUTURE DEVELOPMENT The City of Winter Springs identified the existing development within City boundaries, as well as anticipated growth through a projected development schedule that the City maintains and updates frequently. Data was provided for single - family homes, multi - family homes, industrial, retail, office, and public land uses. This data was used to update the socio- economic data for the Traffic Analysis Zones (TAZs) within the OUATS model. There are currently 19 TAZs in the OUATS model which encompass a portion of the City of Winter Springs (TAZs 81, 96- 99,109 -117, 138,140 -143, and 187). Within the City, the model includes seven roadways: SR 434, SR 419, SR 417, North Winter Park Drive, North Edgemon Avenue, Tuskawilla Road (south of SR 434), and Winter Springs Boulevard. The following existing, planned and programmed roadway improvements were added to the model for analysis: • Florida Avenue - added existing roadway east of US 17 -92, and extension south to meet SR 434 at Winter Park Drive; • Tuskawilla Road -added existing roadway north of SR 434 to Orange Avenue; • Orange Avenue - added existing roadway west of Tuskawilla Road, and programmed & planned further extensions to SR 434 at western edge of Central Winds Park; • Michael Blake Boulevard - added existing roadway east of Tuskawilla Road, along with upgraded eastern section to SR 434, southern section between Tuskawilla Road and SR 434, and western section to meet with Solaris Wharf Street, and • East -West GID Road - added roadway from SR 434 @ Creeks' Run Way to SR 434 @ Vistawilla Drive to parallel SR 434. Four TAZs were split to better estimate traffic on these new roadways. The eastern portion of TAZ 99 became TAZ 231, the northwestern portion of TAZ 115 became TAZ 232, the northeastern portion of TAZ 112 became TAZ 233, and the portion of TAZ 114 west of SR 417 became TAZ 234. Section 2. Transportation Analysis 1 7 rigure 1 - txistmg UUAI J Ivioaei ror the Lity OI winter JnrmEs Figure 2 - Revised OUATS Model for Impact Fee Analysis TAZ 81 V� TAZ TAZ TAZ 98 99 TAZ 96 A 434- 2 AZ TAZ -434 TA 113 234 TAZ TAZ TAZ 23 109 TAZ 111 112 A 434 110 232 TAZ TAZ TAZ 115 116 3 138 TAZ Winter � 5prinys Seminola Blv 140 TAZ TAZ 141 142 a� C 3 7 Red Bug Lake R TAZ 117 Section 2. Transportation Analysis 1 8 TAZ 114 Legend Roadways in OUATS Model - Roadways Added to OUATS 92 / 7 417 TA '_.....�. 81 TAZ 419 TAZ TAZ Z �8 99 114 A A34� ,434 TAZ = TAZ TAZ 113 109 TAZ 111 112 � g34 TAZ 17 110 115 116 TAZ qZ � yy iter rin SRI 117 Geneva or 38 TAZ 426 SeminolaBpd 1 TAZ TAZ 141 142 a 3 Legend 7 Winter Springs City Limits Red Bu Lake Rd $2¢, Roadways in OUATS Model Figure 2 - Revised OUATS Model for Impact Fee Analysis TAZ 81 V� TAZ TAZ TAZ 98 99 TAZ 96 A 434- 2 AZ TAZ -434 TA 113 234 TAZ TAZ TAZ 23 109 TAZ 111 112 A 434 110 232 TAZ TAZ TAZ 115 116 3 138 TAZ Winter � 5prinys Seminola Blv 140 TAZ TAZ 141 142 a� C 3 7 Red Bug Lake R TAZ 117 Section 2. Transportation Analysis 1 8 TAZ 114 Legend Roadways in OUATS Model - Roadways Added to OUATS Socio- economic data for each of the TAZ's was calculated from the existing and projected development data provided by the City for the portion of the TAZ within the City boundary, and estimated for the portion of the TAZ outside of the City boundary, as shown in Table 4 and Table S. able 4. Residential Development Assumed by TAZ �W 81 497 96 418 97 445 98 0 99 499 109 3 110 1,054 111 1,101 112 1,245 113 233 114 113 115 808 116 808 117 1 138 181 140 625 141 1,366 142 1,122 143 124 187 0 231 34 232 0 233 176 234 0 •O � � o� M O A 0 70 567 155 90 663 0 0 445 0 0 0 0 0 499 0 468 471 13 0 1,067 26 0 1,127 0 0 1,245 30 0 263 98 50 261 0 0 808 0 0 808 0 1,088 1,089 10 80 271 9 110 744 0 jM� 1,476 1 0 1,123 0 IMIr— 124 0 584 584 5 I= 39 379 0 379 0 I= 176 0 0 0 h �W o. M O 356 0 0 356 1,091 0 0 1,091 579 0 0 579 0 0 0 0 0 0 0 0 0 0 1,612 1,612 40 0 0 40 487 0 0 487 170 0 0 170 0 279 0 279 88 0 0 88 480 0 0 480 252 0 0 252 0 0 80 80 0 0 0 0 0 0 0 0 8 0 0 8 47 0 0 47 0 0 0 0 0 0 165 165 456 134 1 M- 0 0 0 0 161 0 0 IMVW 0 360 0 0 Section 2. Transportation Analysis 1 9 Table 5. Emnlovment Development Assumed by TAZ �• U o . .2 '4= N •2 V) W o. M O 81 8 0 0 96 0 5 0 97 56 28 0 98 0 3 0 99 7 0 0 109 0 0 30 110 95 0 0 111 33 17 0 112 0 0 0 113 0 150 0 114 13 0 20 115 0 0 0 116 0 8 0 117 0 100 50 138 0 0 0 140 0 0 0 141 9 0 0 142 45 15 0 143 0 0 387 187 0 0 100 231 0 0 0 232 0 0 0 233 134 36 0 234 0 1,135 0 N 0 8 5 84 3 7 30 95 50 0 150 33 0 8 150 0 0 9 60 387 100 0 0 170 1,135 S." W 0. 7 0 59 170 156 37 45 0 0 0 17 4 23 0 16 18 0 100 3 100 0 6 2 100 192 77 0 6 0 0 0 0 54 0 30 0 0 0 0 100 201 77 0 100 71 100 0 35 or ' N O E- 90 97 80 309 0 193 0 45 0 0 90 111 0 23 0 33 0 100 0 103 14 20 0 102 0 269 0 6 0 0 0 0 0 54 0 30 162 162 796 896 0 278 0 100 0 171 0 35 �• U o 'C • O w o� M O E- 22 0 78 100 22 0 30 52 1 0 0 1 130 15 0 145 0 0 0 0 199 9 0 208 0 ��� 0 0 0 0 0 0 0 0 -1 0 0 0 0 2 2 20 1 &0 30 50 0 0 3 3 0 0 0 0 0 0 0 0 0 11& 0 0 0 0 0 0 0 0 0 0 1 0 0 0 0 0 0 0 0 1 0 0 0 0 0 0 0 0 1 0 0 4 4 0 0 1 1 1 0 0 0 0 STATE PLANNED AND PROGRAMMED IMPROVEMENTS Most of the major roadways in and surrounding the City of Winter Springs are maintained by FDOT. On these FDOT maintained roadways there are multiple planned /programmed improvements within the City, as shown on Table 6. Planned improvements are those in the fiscally feasible Long Range Transportation Plan (LRTP), but do not have specific funding sources identified. Programmed improvements are those in the Transportation Improvement Program (TIP), indicating that funding has been identified for the project. Section 2. Transportation Analysis 1 10 Table 6. State Planned and Programmed Improvements Improvement SR 434 @ Winding Hollow Blvd EB Right Turn Lane Programmed 2018 SR 434: SR 417 to Mitchell Widen to 4 Lanes Planned 2025 Hammock Rd SR 419: SR 434 to Edgemon Ave Widen to 4 Lanes Planned 2020 SR 419: Edgemon Ave to US 17/92 Widen to 4 Lanes Planned 2025 SR 434: Edgemon Ave to US 17/92 Widen to 6 Lanes Planned 2040 EXISTING ROADWAY ANALYSIS The existing roadway volumes (Annual Average Daily Traffic, or AADT) for the major roadways within and surrounding the City of Winter Springs were collected from the 2006 -2015 Seminole County Historical Count spreadsheet The AADT was compared to the generalized level of service volume standards from the 2013 Florida Department of Transportation (FDOT) Quality /Level of Service (QLOS) Handbook. Based on the existing conditions, the roadways in Winter Springs operate at overall acceptable level of service, except for the segment of SR 434 from SR 417 to Hammock Lane, which is over capacity by almost 20% as a two -lane roadway. However, the widening of SR 434 east of SR 417 is included in the financially feasible LRTP. FUTURE ROADWAY ANALYSIS The regional model was run with just the existing development and with the City's projected development to determine the roadway network needs for the future. Assuming the improvements shown in both the TIP and LRTP, all segments are projected to operate at an appropriate level of service, except for the segment of SR 434 from SR 419 to Tuskawilla Road in the no -build condition (Table 8). When project trips are added to the network, an additional segment of SR 434 (from Vistawilla Drive to SR 417) exceeds the service volume standard (Table 9). However, in both instances, the deficiencies are on state routes, and thus not the responsibility of the City of Winter Springs. The difference between the no -build and projected development volumes on the roadways within Winter Springs was used to determine what percentage of traffic on the roadway is due to the projected development, and thus eligible for Impact Fee calculations. This comparison is shown in Table 10 and is used in Section 3 of this Report to allocate project costs in the calculation of average trip costs for the impact fees. Section 2. Transportation Analysis 1 11 Table 7. Exis Level of Service Table 8. No -Build Roa Level of Service US 17 -92 to Belle Ave 4 E E 33,709 39,800 0.85 C Winter Park Dr to Edgemon Ave Belle Ave to SR 419 4 31,752 E 24,618 39,800 0.62 C 4 SR 419 to Tuskawilla Rd 4 39,800 E 34,013 39,800 0.85 C SR 434 Tuskawilla Rd to Spring Ave 4 1.26 F E 24,347 39,800 0.61 C 47,530 Spring Ave to SR 417 4 E 24,943 39,800 0.63 C 39,800 SR 417 to Hammock Lane 2 Tuscora Dr to Vistawilla Dr E 21,051 17,700 1.19 F 0.89 C US 17 -92 to Edgemon Ave 2 4 E 15,403 17,700 0.87 C SR 419 Edgemon Ave to SR 434 2 E E 17,236 17,700 0.97 D US 17 -92 to Edgemon Ave E Lake Dr to Dyson Dr 4 32,536 E 26,180 35,820 0.73 C Tuskawilla Dyson Dr to Winter Springs Blvd 4 39,800 E 21,925 35,820 0.61 C Road Winter Springs Blvd to Trotwood Blvd 4 0.36 C E 20,572 35,820 0.57 C 12,544 Trotwood Blvd to SR 434 4 Rd E &420,099 35,820 0.56 C US 17/92 SR 434 to CR 427/SR 419 6 SR 434 to Orange Ave E 31,535 59,900 0.53 C Table 8. No -Build Roa Level of Service Section 2. Transportation Analysis 1 12 US 17 -92 to Winter Park Dr 6 E 39,102 59,900 0.65 C Winter Park Dr to Edgemon Ave 6 E 31,752 59,900 0.53 C Edgemon Ave to SR 419 4 E 25,970 39,800 0.65 C SR 419 to Orange Ave 4 E 50,078 39,800 1.26 F SR 434 Orange Ave to Tuskawilla Rd 4 E 47,530 39,800 1.19 F Tuskawilla Rd to Tuscora Dr 4 E 35,084 39,800 0.88 C Tuscora Dr to Vistawilla Dr 4 E 35,378 39,800 0.89 C Vistawilla Dr to SR 417 4 E 36,652 39,800 0.92 C SR 417 to Hammock Lane 4 E 21,168 39,800 0.53 C US 17 -92 to Edgemon Ave 4 E 32,536 39,800 0.82 C SR 419 Edgemon Ave to SR 434 4 E 30,674 39,800 0.77 C E Lake Dr to Winter Springs Blvd 4 E 13,034 35,820 0.36 C Tuskawilla Winter Springs Blvd to SR 434 4 E 12,544 35,820 0.35 C Rd SR 434 to Orange Ave 2 E 882 14,040 0.06 C US 17/92 SR 434 to Florida Ave 6 E 46,746 59,900 0.78 C Florida Ave to CR 427/SR 419 6 E 42,336 59,900 0.71 C Section 2. Transportation Analysis 1 12 Table 9. Road Table 10. C Volume- US 17 -92 to Winter Park Dr 6 E 40,082 59,900 0.67 C 33,800 Winter Park Dr to Edgemon Ave 6 E 33,124 59,900 0.55 C SR 419 to Orange Ave Edgemon Ave to SR 419 4 E 27,538 39,800 0.69 C 7% SR 419 to Orange Ave 4 E 53,704 39,800 1.35 Tuscora Dr to Vistawilla Dr SR 434 Orange Ave to Tuskawilla Rd 4 E 51,352 39,800 1.29 F Tuskawilla Rd to Tuscora Dr 4 E 39,298 39,800 0.99 M 35,000 Tuscora Dr to Vistawilla Dr 4 E 33,320 39,800 0.84 C Edgemon Ave to SR 434 Vistawilla Dr to SR 417 4 E 40,866 10 39,800 1.03 F 15,500 SR 417 to Hammock Lane 4 E 24,990 39,800 0.63 C SR 434 to Orange Ave US 17 -92 to Edgemon Ave 4 E 34,300 ME 39,800 0.86 C SR 419 Edgemon Ave to SR 434 4 E 32,438 39,800 0.82 C US 17 to Seven Oaks Blvd E Lake Dr to Winter Springs Blvd MEL 4 E 15,190 35,820 0.42 C Tuskawilla Winter Springs Blvd to SR 434 4 E 14,700 35,820 0.41 C Rd SR 434 to Orange Ave -E 2 E 4,802 14,040 0.34 C US 17/92 SR 434 to Florida Ave 6 E 46,648 59,900 0.78 C 9 Florida Ave to CR 427/SR 419 -E 6 E %6 41,944 L59,900 0.70 C Table 10. C Volume- Section 2. Transportation Analysis 1 13 US 17 -92 to Winter Park Dr 39,900 40,900 2% Winter Park Dr to Edgemon Ave 32,400 33,800 4% Edgemon Ave to SR 419 26,500 28,100 6% SR 419 to Orange Ave 51,100 54,800 7% SR 434 Orange Ave to Tuskawilla Rd 48,500 52,400 7% Tuskawilla Rd to Tuscora Dr 35,800 40,100 11% Tuscora Dr to Vistawilla Dr 36,100 34,000 -6% Vistawilla Dr to SR 417 37,400 41,700 10% SR 417 to Hammock Lane 21,600 25,500 15% US 17 -92 to Edgemon Ave 33,200 35,000 5% SR 419 Edgemon Ave to SR 434 31,300 33,100 5% E Lake Dr to Winter Springs Blvd 13,300 15,500 14% Tuskawilla Rd Winter Springs Blvd to SR 434 12,800 15,000 15% SR 434 to Orange Ave 900 4,900 82% Winter Springs Blvd Tuskawilla Rd to SR 426 4,700 5,300 11% Edgemon Ave SR 434 to SR 419 2,900 2,900 0% US 17 to Seven Oaks Blvd 960 1,255 24% Florida Ave Seven Oaks Blvd to SR 434 45 100 55% Orange Avenue SR 434 to Tuskawilla Rd 0 35 100% West Extension 830 1,525 46% Michael Blake Blvd South Extension 250 2,915 91% East Extension 0 9 100% East -West Connector SR 434 to SR 434 95 6,850 99% Section 2. Transportation Analysis 1 13 TRIP GENERATION The projected development was provided by the City of Winter Springs by TAZ and land use, as shown in Table 11. The trip generation for the projected development was calculated using the general land use codes from the ITE Trip Generation Handbook, 91h Edition, as shown in Table 12. Table 11. Proiected Development by TAZ 96 155_ 4,500 170,000 97 3,456 28,400 1 37,000 98 6.65 3,000 15,000 99 541111� 134 1,492.05 KSF 77,200 109 8,229 Commercial 3,900 9,000 110 MWEdMEE&. 0.5 18,336 111 26 16,660 17,784 112 84 36,390 100,000 113 30 279 150,000 28,000 114 98 360 1,130,000 41,000 115 379 201,000 116 8,100 77,207 117 100,000 6,000 138 10 i 140 9 142 1 -1 15,000 99,756 Table 12. Proiected Development Trip Generation Single Family 210 726 DU 9.52 0.5 3,456 Multi- Family 220 773 DU 6.65 0.5 2,570 Office 710 1,492.05 KSF 11.03 0.5 8,229 Commercial 820 858.847 KSF 42.70 0.5 18,336 Industrial 110 24 KSF 6.97 0.5 84 Section 2. Transportation Analysis 1 14 SECTION 3. CITY ROAD IMPROVEMENT PROJECTS AND TRIP RATE ANALYSIS GENERAL Road improvements have been identified by the City and reviewed by the RFC Team and are anticipated to meet the needs of all future growth identified in the City's development projections, within the current City limits. The road improvements have been designed to not only develop new roads but also to expand existing roads in order to facilitate traffic flow. Each project was reviewed and the costs were allocated between future and existing development Project costs allocated to future growth are identified for impact fee funding, while the portion allocated to the existing population are funded through other sources of revenue. This section provides a description of the projects, the anticipated project costs and the allocation to existing and future users of the roadway system. CITY ROAD IMPROVEMENT PROJECTS The table below provides a short description, cost estimate and the percent allocated to future development for each of the road improvement projects. Certain projects have been shown on the table below but not allocated to future development due to anticipated funding from other sources such as developer funding or the lack of current growth projections driving the project For example, Project 1 - Florida Avenue Extension will be a necessary project for any future development on the former Winter Springs Golf Course parcel. The development plans and timing for this parcel are currently unknown and therefore this project has been excluded from the impact fee analysis. Section 3. Road Improvements 1 15 Table 13. Ci and Allocations A Florida Ave from US 17 -92 to Lake Lucerne Circle (New 2- $400,000 0% $0 lane roadway) B SR 434 /Winding Hollow Blvd Intersection Improvements 200,000 0% 0 (New eastbound right -turn lane) C Central Winds Park Connector (New 2 -lane divided 1,760,000 0% 0 roadways) D GID East -West Roadway Connector (New 2 -lane roadway) 1,900,000 0% 0 E SR 434 /GID Intersection Improvements (Signalization 350,000 0% 0 and turn lanes at Integra 360 Entrances) 1 Florida Ave Extension (New 2 -lane roadway) 3,500,000 0% 0 2 Orange Ave Extension (New 2 -lane roadway) 2,100,000 95% 1,995,000 3 Michael Blake Blvd East Ext. (Improved 2 -lane roadway) 950,000 75% 712,500 4 Michael Blake Blvd South Ext. (New 2 -lane roadway) 725,000 90% 652,500 5 Michael Blake Blvd West Ext. (New 2 -lane roadway) 975,000 45% 438,750 6 GID East -West Roadway (New 2 -lane roadway) 2,300,000 95% 2,185,000 7 North Vistawilla Drive Ext. (New 2 -lane roadway) 1,425,000 95% 1,353,750 8 SR 434 /Central Winds Drive Intersection Improvements 200,000 5% 10,000 (New westbound right -turn lane) 9 SR 434 /City Hall Intersection Improvements (New 200,000 5% 10,000 westbound right -turn lane) 10 SR 434 /Michael Blake Blvd Intersection Improvements 350,000 10% 35,000 (Signalization and turn lanes) 11 SR 434 /Tuscora Drive Intersection Improvements (New 200,000 10% 20,000 eastbound right -turn lane) 12 SR 434 / Vistawilla Drive Intersection Improvements 500,000 10% 50,000 (Signal Modification & turn lanes) I 13 SR 434 Intersection Improvements (8 locations, New 1,600,000 10% 160,000 Turn Lanes) Ik + E-,635,M� $7,622,500 In addition to the project descriptions and cost estimates listed above, the figure below provides a visual representation of the location of each project. Certain projects (labelled A - E) have funding sources identified ranging from developer funded projects to CRA projects and have been excluded from impact fee recovery amounts. Section 3. Road Improvements 1 16 Fieure 3. Roadwav Improvements Ma 92 17 a17 2 41 C 1 an B 43 8 43 5� �3 D i 7 92 17 4. 1011 E 1 3 win=e 426 Serninola Iv 419,- poi a� 42 C 3 Legend Red Bu Lake R New Development The percentage of each project allocated to future development was derived from Table 10, which illustrates a scenario of how these new roads and expansions will be utilized by existing and future development Certain roads planned primarily to handle new residential developments have been largely allocated to future growth based on the CUATS model forecast of traffic patterns. AVERAGE COST PER TRIP CALCULATION A key element of the impact fee analysis is to calculate the average cost per trip. This calculation involves dividing the impact fee eligible projects by the new one way trips generated by new growth. Impact fee eligible project costs are reduced by available impact fee funds to derive the average cost per trip as shown on Table 14 below: Table 14. Average Cost per Trip Impact Fee Identified Project Costs [1] $7,622,500 Less: Impact Fee Funds Available ._ 532,000 Total Costs for Impact Fees $7,090,500 New 1 -Way Trips [2] =,671 Average Cost per Trip 1. Obtained from Table 13. 2. Obtained from Table 12. Section 3. Road Improvements 1 17 The next section will further discuss how this average cost per trip is translated into an impact fee by land use in order to recovery costs equitable among various developments. Credit Considerations Funding for road improvement projects can come from many different sources including transportation impact fees, infrastructure funds, gas tax funds, ad valorem revenues, and non -ad valorem revenues. For the purposes of this study it has been assumed that the City will continue the past practice of not using alternate funding sources for the expansion portion of road projects. Section 3. Road Improvements 1 18 SECTION 4. LAND USES AND IMPACT FEE CALCULATIONS GENERAL The traffic impact analysis discussed in Section 2 and the average cost per trip calculated in Section 3 are utilized in this section to determine the appropriate impact fee levels. This section also provides the equivalent traffic demands by land use based on the 3rd Edition ITE Manual, 9th Edition ITE Handbook and other sources. The ITE Manual provides for trip generation rates and other relevant factors by Land Use Code ( "LUC "). In general, each development will be measured on a number of units, which are either dwelling units ( "DUs ") or thousand square feet of leasable area or floor area, as specified by ITE. It should be noted that in addition to the transportation impact fee paid to the City, new development will also be required to pay additional transportation impact fees to Seminole County. IMPACT FEE METHODOLOGY The RFC team and City staff have conducted an extensive review of the various land uses on the impact fee proposed schedule. These land uses are relevant to the development within the City and provide a sufficient variety of land uses so that certain low or high volume trip generating land uses are charged appropriately. The following table summarizes the existing and proposed land use codes and descriptions. Table 15. Existing and Proposed Land Uses Existing Residential 210. Single - Family Det/Att 210. Single Family 220. Low -rise Apartments 220. Multi- Family 230. Low -rise Res. Condo 240. Mobile Home Park 240. Mobile Home Park 253. Congregate Care 253. Congregate Care 254. Assisted Living Facility Office 710. General Office Building 710. General Office Building 720. Medical/Dental Off Bld 720. Medical/Dental Office Building 750. Office Park 770. Business Park Institutional 536. Private School 560. Church 560. Church 565. Day Care Center 565. Day Care Center 591. Lodge/Fraternal Org Section 4. Transportation Impact Fee Calculations 1 19 0 Medical 610. Hospital 610. Hospital 620. Nursing Home 620. Nursing Home 630. Clinic 630. Clinic Commercial 812. Bldg Mat/Lumber Store 815. Discount Store 815. Discount Store 816. Hardware/Paint Store 816. Hardware/Paint Store 817. Nursery/Garden Store 817. Nursery/Garden Store 820. Shopping Center 820. Retail: 820. Shopping Center/Retail: Retail (0- 25KSF) Retail ( <50 KSF) Retail (25- 50KSF) Retail (50 -100 KSF) Retail (50- 100KSF) Retail ( >100 KSF) Retail (100- 200KSF) Retail ( >200KSF) 1 826. Specialty Retail Center 848. Tire Store 848. Tire Store 849. Tire Superstore 850. Supermarket 850. Supermarket 851. Con. Str (24hr) w/o gas 851. Con. Str (24hr) w/o gas 853. Convenience w /gas -T 853. Convenience Market w/ Gas Pumps 862. Home improvement store 862. Home Improvement Superstore 890. Furniture store 890. Furniture store 931. Quality Restaurant 931. Quality Restaurant 932. High Turnover Sit -d.Res 932. High Turnover (Sit -Down) Restaurant 933. Fast Food w/o Drivethru 933. Fast Food Restaurant w /out Drive -thru 934. Fast Food w/Drivethru 934. Fast Food Restaurant w/Drive -thru 942. Auto Care Center 942. Auto Care Center 945. Svc Sta w /Convenience 945. Gas Service Station w/ Convenience 947. Self Svc Car Wash 947. Self Service Car Wash Services 911. Walk -in Bank 911. Walk in Bank 912. Drive -in Bank 912. Drive In Bank Recreational 430. Golf Course 430. Golf Course 444. Movie Theater 444. Movie Theater 492. Racquet Club 492. Health/Fitness Club Lodging 320. Motel 310. Hotel Section 4. Transportation Impact Fee Calculations 1 20 Industrial 110. General light industrial 110. General Light Industrial 130. Industrial Park 150. Warehousing 150. Warehousing 151. Mini - warehouse 151. Mini - warehouse Additional land use descriptions have been included at the end of this report, in Exhibit 2, for certain land uses that are similar in nature. For example, ITE describes the different attributes for a Nursing Home facility versus a Congregate Care facility. Each of these facilities can be present on a property, however each building would be assessed impact fees based on the primary use of that specific building. Once the appropriate land uses have been determined, the methodology then takes into consideration a few factors to weigh the traffic impact for one unit of each type of development: • Trip Rate: The trip rate factors are obtained from the ITE Manual, 9th Edition. These factors are used in a variety of ways throughout the industry and are commonly relied upon in transportation analysis and impact fee studies. In order to assess new development appropriately, the trip rate is converted to a one -way trip rate. • Percentage of New Trips: The percentage of new trips factor is derived from the ITE Trip Generation Manual, 3rd Edition. The purpose of including this factor is to recognize that certain high volume trip generating land uses are not necessarily creating new demand on the roads, but are being utilized as pass -by stops. For example, a new coffee shop with a drive - through will cause many consumers to make a quick stop on their normal route to work but will also inspire a few consumers to take a new route to work occasionally to stop for coffee. • Trip Length Ratio: The third and final factor that has been incorporated into the impact fee formula allows for weighing average trip lengths for certain land uses. The purpose of this factor is to recognize that certain land uses will generate trips utilizing a lesser distance on City roads than other land uses. The trip length ratio data has been derived from the City's existing impact fee ordinance. After identifying the appropriate trip rate, percentage of new trips, and the trip length ratio for each land use, these factors are multiplied together to calculate the Equivalent Trip Factor. The Equivalent Trip Factor calculation is provided on Exhibit 1, and is applied to the Average Cost per Trip (from Table 14) of $217.00 to generate the updated impact fee schedule shown on the next page. IMPACT FEE SCHEDULE Using the methodology discussed in this section, and detailed in Exhibit 1, along with the average cost per new trip as discussed in Section 3 the following table provides the updated impact fee schedule: Section 4. Transportation Impact Fee Calculations 1 21 Table 16. Undated Impact Fee Schedule Residential 210 Single Family DU $1,342.00 220 Multi - Family DU $937.00 240 Mobile Home Park DU $703.00 254 Assisted Living Facility Bed $375.00 253 Congregate Care DU $284.00 Office 710 General Office Building 1,000 SF GFA $1,555.00 720 Medical/Dental Office Building 1,000 SF GFA $5,096.00 Institutional M_ 560 Church 1,000 SF GFA $1,186.00 565 Day Care Center 1,000 SF GFA $3,214.00 536 Private School Student $2,317.00 Medical W_ 610 Hospital 1,000 SF GFA $1,864.00 620 Nursing Home EA_ed $386.00 630 Clinic 1,000 SF GFA $4,436.00 Commercial -_ 815 Discount Store 1,000 SF GFA $3,347.00 816 Hardware/Paint Store 1,000 SF GFA $2,470.00 817 Nursery/Garden Store 1,000 SF GFA $3,827.00 Shopping Center/Retail: 820 0 - 50,000 sf 1,000 SF GLA $4,338.00 820 50,001 sf - 100,000 sf 1,000 SF GLA $3,404.00 820 100,001 sf and greater 1,000 SF GLA $2,140.00 848 Tire Store 1,000 SF GFA $1,384.00 850 Supermarket 1,000 SF GFA $3,549.00 851 Con. Str (24hr) w/o gas 1,000 SF GFA $7,847.00 862 Home Improvement Superstore 1,000 SF GFA $1,354.00 890 Furniture store 1,000 SF GFA $335.00 931 Quality Restaurant 1,000 SF GFA $7,104.00 932 High Turnover (Sit -Down) Restaurant 1,000 SF GFA $5,504.00 933 Fast Food Restaurant w /out Drive -thru 1,000 SF GFA $27,733.00 934 Fast Food Restaurant w/Drive -thru 1,000 SF GFA $19,216.00 942 Auto Care Center 1,000 SF GFA $688.00 853 Convenience Market w/ Gas Pumps 1,000 SF GFA $5,449.00 945 Gas Service Station w/ Convenience Fueling Position $1,342.00 947 Self Service Car Wash Stall $4,007.00 Services 911 Walk in Bank 1,000 SF GFA $2,278.00 912 Drive in Bank 1,000 SF GFA $4,565.00 Section 4. Transportation Impact Fee Calculations 1 22 Recreational 430 Golf Course Acre $656.00 444 Movie Theater Screen $28,033.00 492 Health/Fitness Club 1,000 SF GFA $6,083.00 Lodging 310 Hotel Room $1,329.00 Industrial 110 General Light Industrial 1,000 SF GFA $983.00 150 Warehousing 1,000 SF GFA $502.00 151 j Mini - warehouse 1,000 SF GFA $352.00 Note: Impact Fees rounded down to nearest dollar. Section 4. Transportation Impact Fee Calculations 1 23 LIST OF EXHIBITS Exhibit 1. Equivalent Trip Factor by Land Use Exhibit 2. ITE Land Use Descriptions List of Exhibits 1 24 Exhibit 1. Equivalent Trip Factor by Land Use Residential Single Family DU 210 9.52 1.30 100.00% 6.19 Multi- Family DU 220 6.65 1.30 100.00% 4.32 Mobile Home Park DU 240 4.99 1.30 100.00% 3.24 Congregate Care DU 253 2.02 1.30 100.00% 1.31 Assisted Living Facility Bed 254 2.66 1.30 100.00% 1.73 Office General Office Building 1,000 SF GFA 710 11.03 1.30 100.00% WA 7.17 Medical /Dental Office Building 1,000 SF GFA 720 36.13 1.30 100.00% 23.48 Institutional qmmmmmm�� Private School Student 536 16.43 1.30 100.00% 10.68 Church 1,000 SF GFA 560 9.11 1.20 100.00% 5.47 Day Care Center 1,000 SF GFA 565 74.06 0.40 100.00% 14.81 Medical Hospital 1,000 SF GFA 610 13.22 1.30 100.00% 8.59 Nursing Home Bed 620 2.74 1.30 100.00% 1.78 Clinic 1,000 SF GFA 630 31.45 1.30 100.00% 20.44 Commercial Discount Store 1,000 SF GFA 815 57.24 0.70 77.00% 15.43 Hardware /Paint Store 1,000 SF GFA 816 51.29 0.60 74.00% 11.39 Nursery /Garden Store 1,000 SF GFA 817 68.10 0.70 74.00% 17.64 Shopping Center /Retail: EM 0 - 50,000 sf 1,000 SF GLA 820 86.56 0.70 66.00% 19.99 50,001 - 100,000 sf 1,000 SF GLA 820 67.91 0.70 W66.00% 15.69 100,001 sf and greater 1,000 SF GLA 820 42.70 0.70 66.00% 9.86 Tire Store 1,000 SF GFA 848 24.87 0.90 57.00% 6.38 Supermarket 1,000 SF GFA 850 102.24 0.50 64.00% 16.36 Con. Str (24hr) w/o gas 1,000 SF GFA 851 737.99 0.20 49.00% 36.16 Home Improvement Superstore 1,000 SF GFA 862 30.74 0.70 58.00% 6.24 Furniture store Quality Restaurant High Turnover (Sit -Down) Restaurant Fast Food Restaurant w /out Drive -thru Fast Food Restaurant w /Drive -thru Auto Care Center Convenience Market w/ Gas Pumps [2] Gas Service Station w/ Convenience Self Service Car Wash Services Walk in Bank Drive In Bank Recreational Golf Course Movie Theater Health /Fitness Club Lodging Hotel Industrial General Light Industrial Warehousing Mini - warehouse Footnotes: [1] Derived from previous impact fee study. [2] From 2012 FDOT Trip Generation study. Exhibit 1. Equivalent Trip Factor by Land Use 1,000 SF GFA 890 5.06 1.30 47.00% 1.55 1,000 SF GFA 931 89.95 1.30 56.00% 32.74 1,000 SF GFA 932 127.15 0.70 57.00% 25.37 1,000 SF GFA 933 716.00 0.70 51.00% 127.81 1,000 SF GFA 934 496.12 0.70 51.00% 88.56 1,000 SF GFA 942 8.57 1.30 57.00% 3.18 1,000 SF GFA 853 1,141.59 0.20 22.00% 25.11 Fueling Position 945 162.78 0.20 38.00% 6.19 Stall 947 108.00 0.60 57.00% 18.47 1,000 SF GFA 911 73.95 0.40 ' 71.00% 10.50 1,000 SF GFA 912 148.15 0.40 71.00% 21.04 Acre 430 5.04 1.20 100.00% 3.02 Screen 444 215.31 �N 100.00% 1,000 SF GFA 492 46.72 1.20 100.00% 28.03 N- Room 310 8.17 1.50 100.00% 6.13 1,000 SF GFA 110 6.97 1.30 100.00% 4.53 1,000 SF GFA 150 3.56 1.30 100.00% 2.31 1,000 SF GFA 151 2.50 1.30 100.00% 1.63 Exhibit 2. ITE Land Use Descriptions Medical/ A medical dental office building is a facility that provides diagnoses and outpatient Dental Office care on a routine basis but is unable to provide prolonged in -house medical and (LUC 720) surgical care. One or more private physicians or dentists generally operate this type LUC 853 of facility. Gasoline /Service A clinic that is any facility that provides limited diagnostic and outpatient care but is Day Care Center unable to provide prolonged in house medical and surgical care. Clinics commonly Clinic have lab facilities, supporting pharmacies and a wide range of services (compares to (LUC 630) the medical office, which may only have specialized or individual physicians). (LUC 945) Hospital (Land Use 610) and medical - dental office building (Land Use 720) are related uses. Convenience Hotels are places of lodging that provide sleeping accommodations and supporting Private School facilities such as restaurants, cocktail lounges, meeting and banquet rooms or Hotel (LUC 310) convention facilities, limited recreational facilities (pool, fitness room) and /or retail LUC 853 and service shops. Some of the sites included in this land use category are actually Gasoline /Service large motels providing the hotel facilities noted above. Day Care Center Motels are places of lodging that provide sleeping accommodations and often a Motel (LUC 320) restaurant. Motels generally offer free on -site parking and provide little or no Market meeting space and few (if any) supporting facilities. Exterior corridors accessing (LUC 945) rooms - immediately adjacent to a parking lot - commonly characterize motels. Convenience Private schools in this land use category primarily serve students attending Private School kindergarten through the 12th grade but may also include those beginning with pre - (K-12) (LUC 536) k classes. These schools may also offer extended care and day care. Students may LUC 853 travel a long distance to get to private schools. Gasoline /Service A day care center is a facility where care for pre - school age children is provided, Day Care Center normally during the daytime hours. Day care facilities generally include classrooms, (LUC 565) offices, eating areas, and playgrounds. Some centers also provide after - school care Market for school-age children. Convenience The convenience markets surveyed sell gasoline, convenience foods, newspapers, Market w/ Gas magazines, and often beer and wine. This land use includes convenience items with Pumps gasoline pumps where the primary business is the selling of convenience items, not LUC 853 the fueling of motor vehicles. Gasoline /Service This land use includes gasoline /service station with convenience markets where the Station with Primary business is the fueling of motor vehicles. These service stations may also Convenience have ancillary facilities for servicing and repairing motor vehicles. Some commonly Market sold convenience items are newspapers, coffee, or other beverages and snack items (LUC 945) that are usually consumed in the car. These service stations are generally located at intersections or interchanges. This land does not include stations with car washes. Exhibit 2. ITE Land Use Descriptions Congregate Care Facility (LUC 253) Congregate care facilities are independent living developments that provide centralized amenities such as dining, housekeeping, transportation, and organized social /recreational activities. Limited medical services (such as nursing and dental) may or may not be provided. The resident may contract additional medical services or personal assistance. Assisted living complexes are residential settings that provide either routine general Quality protective oversight or assistance with activities necessary for independent living to Restaurant mentally or physically limited persons. They commonly have separate living Assisted Living quarters for residents, and services include dining, housekeeping, social and physical Facility activities, medication administration, and transportation. Alzheimer's and ALS care (LUC 254) are commonly offered by these facilities, though the living quarters for these patients may be located separately from the other residents. Assisted care commonly bridges the gap between independent living and nursing homes. In some areas of the High- Turnover country, assisted living residences (Sit -Down) A nursing home is any facility whose primary function is to provide care for persons Restaurant who are unable to care for themselves. Examples of such facilities include rest homes Nursing Home and chronic care and convalescent homes. Skilled nurses and nursing aides are (LUC 620) present 24 hours a day at these sites. Nursing homes are occupied by residents who do little or no driving; traffic is primarily generated by employees, visitors, and Fast -Food deliveries. This land consists of high quality, full service eating establishments with typical duration of stay of at least one hour. Quality restaurants generally do not serve Quality breakfast some do not serve lunch; all serve dinner. This type of restaurant often Restaurant requests and sometimes requires reservations and is generally not part of a chain. (LUC 931) Patrons commonly wait to be seated, are served by a waiter /waitress, order from menus and pay for meals after they eats. While some of the study sites have lounge or bar facilities (serving alcoholic beverages), they are ancillary to the restaurant. This land consists of sit down, full service eating establishments with typical duration of stay of approximately one hour. This type of restaurant is usually High- Turnover moderately priced and frequently belongs to a restaurant chain. Generally, these (Sit -Down) restaurants serve lunch and dinner; they may also be open for breakfast and are Restaurant sometimes open 24 hours per day. These restaurants typically do not take (LUC 932) reservations. Patrons commonly wait to be seated, are served by a waiter /waitress, order from menus and pay for their meal after they eat. Some facilities contained within this land use may also contain a bar area for serving food and alcoholic drinks. Fast -Food This land use includes fast -food restaurants without drive - through windows. This Restaurant type of restaurant is characterized by a large carry -out clientele, long hours of service without Drive- (some are open for breakfast, all are open for lunch and dinner, some are open late Through Window at night or 24 hours per day) and high turnover rates for eat -in customers. These (LUC 933) limited- service eating establishments do notprovide table service. Patrons generally order at a cash register and pay before they eat. Fast -Food This category includes fast food restaurants with drive through windows. This type Restaurant with of restaurant is characterized by a large drive through clientele, long hours of service Drive - Through (some are open for breakfast, all are open for lunch and dinner, some are open late ow Window at night or 24 hours per day) and high turnover rate for eat in customers. These (LUC limited service eating establishments do not provide table service. Non drive through patrons generally order at a cash register and pay before they eat EXHIBIT B ORDINANCE NO. 2016 -10 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, SEMINOLE COUNTY, FLORIDA; AMENDING THE CITY OF WINTER SPRINGS ROAD IMPACT FEE REGULATIONS AND SCHEDULE SET FORTH IN 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 is granted the authority, under § 2(b), Art. VIII of the State Constitution, to exercise any power for municipal purposes, except when expressly prohibited by law, and expressly granted authority to adopt impact fees for funding the infrastructure necessitated by new growth pursuant to the Florida Impact Fee Act set forth in Section 163.31801, Florida Statutes; and WHEREAS, the City of Winter Springs currently imposes transportation impact fees on new development in accordance with Section 9 -386 -1 et. seq. of the City of Winter Springs Code; and WHEREAS, the City Commission desires to update the City's transportation impact fees based on current local data and analysis; and WHEREAS, for purposes updating the City's transportation impact fee, the City engaged Raftelis Financial Consultants, Inc. to prepare a written 2016 Transportation Impact Fee Study, dated October 28, 2016 ( "2016 Study "); and WHEREAS, the City Commission has reviewed the 2016 Study and hereby adopts it in its entirety as a basis for updating the City's transportation impact fee regulations and fee schedule; and WHEREAS, the City Commission of the City of Winter Springs, Florida, hereby finds this Ordinance to be 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 fully incorporated herein by reference as legislative findings of the City Commission of Winter Springs. Section 2. Code Amendment. The City of Winter Springs Code of Ordinances, Chapter 9, Division 2, is hereby amended as follows (underlined type indicates additions and City of Winter Springs Ordinance No. 2016 -10 Page 1 of 30 str-ikeatit type indicates deletions): DIVISION 2. - TRANSPORTATION FACILITIES Sec. 9 -386. - Transportation impact fees. Transportation impact fee provisions are set out in this division as sections 9 -386.1 through 9- 386.21. Sec. 9- 386.1. - Short title, authority and applicability. (a) This division shall be known and may be cited as the "City of Winter Springs Road Impact Fee Ordinance GhapteF" or the "City of Winter Springs Transportation Impact Fee Ordinance ". (b) The planning for new and expanded roads needed to serve new growth and development that generate additional traffic and the implementation of these plans through the comprehensive planning process are the responsibility of the city under Part II of Chapter 163, Florida Statutes, Section 163.3161 et seq., Florida Statutes, and specifically Section 163.31801, Florida Statutes (Florida Impact Fee Act ), as am°n I h„ - h °nf °r QS SS Laws of P'°r„d° Chapter 166, Florida Statutes, various epeeial aGtG laws relating to the power of the City of Winter Springs undertaking zoning, planning and development activities, and is in the best interest of the health, safety, and welfare of the citizens of the city. Sec. 9- 386.2. - Intent and purpose. (a) This division is intended to be consistent with the principles for allocating a fair share of the cost of new public facilities and infrastructure to new users as established by the Florida Supreme Court. (b) The implementation of a regulatory program that requires new development to pay a "transportation or road impact fee" that does not exceed a pro rata share of the reasonably anticipated expansion costs of new municipal collector roads needed to serve new growth and development is the responsibility of the city in order to carry out the traffic circulation element of its comprehensive plan, as required under Section 163.3161 et seq., Florida Statutes, and is in the best interest of the health, safety and welfare of the citizens of the City of Winter Springs. (c) The purpose of this division is to enable the City of Winter Springs to allow growth and development to proceed in compliance with the growth management plan, and Florida case and statutory law and to regulate growth and development so as to require growth and development to share in the burdens of growth by paying its pro rata share for the reasonably anticipated costs of needed municipal collector roadway improvements. (d) It is not the purpose of this division to collect fees from growth and development in excess of the cost of the reasonably anticipated improvements to the municipal collector road network and needed to serve the new growth development. It is specifically acknowledged that this division has approached the problem of determining the road impact fee in a conservative and reasonable manner. (e) The technical data, findings and conclusions herein are based on the Comprehensive Plan of the City of Winter Springs and in part on the following studies and reports which are hereby adopted (by reference): (1) ITE Trip Generation Manual, ITE (-7## 9th Edition City of Winter Springs Ordinance No. 2016 -10 Page 2 of 30 (2) ITE Trip Generation Handbook (3,d Edition); (2-1 Orlando Urban Area Transportation Studies; (4 4) Special Report 209, Highway Capacity Manual, Transportation Research Board, 1985; (4— �) Generalized Daily Level of Service Maximum Volumes for Florida's Urban /Urbanized (5000 +) Areas, FDOT :299:2 2013; (5, 6 ) Cost per Lane Mile -City of Winter Springs Transportation Impact Fee Update, 2005; (9 7 ) Existing Traffic Circulation Analysis, City of Winter Springs Study, September, 1989, Tipton Associates Incorporated and Leftwich Consulting Engineers, Inc.; (7-- 8) Future Traffic Circulation Analysis, City of Winter Springs Study, December, 1991, Tipton Associates, Inc. and Leftwich Consulting Engineers, Inc. (9 9) Input Data for Seminole and Volusia Counties for Calculating Transportation Impact Fees for Convenience Stores, August, 1989, Tipton Associates Incorporated. (9 LO) City of Winter Springs Transportation Study, August 1997; Supplement No. 1 December 1999; Supplement No. 2, February 2001; Supplement No. 3, February 2005. (4-9 Ll) City of Winter Springs Transportation Impact Fee Update, September 1997; Update, December 1999; Update, February 2005; update October 2016. Sec. 9- 386.3. - Rules of construction. For the purpose of administration and enforcement of this division, unless otherwise stated, the following rules of construction shall apply: (a) In case of any difference of meaning or implication between the text of this division and any caption, illustration, summary table or illustrative table, the text shall control. (b) The word "shall" is always mandatory and not discretionary; the word "may" is permissive. (c) Words used in the present tense shall include the future, and words used in the singular number shall include the plural and the plural the singular, unless the context clearly indicates the contrary. (d) The word "person" includes an individual, a corporation, a partnership, an incorporated association, or any other similar entity. (e) Unless the context clearly indicates the contrary, where a regulation involves two (2) or more items, conditions, provisions, or events connected by the conjunction "and ", "or" or "either ... or," the conjunction shall be interpreted as follows: (1) "And" indicates that all the connected terms, conditions, provisions or events shall apply. (2) "Or" indicates that the connected items, conditions, provisions or events may apply singly or in any combination. (3) "Either ... or" indicates that the connected items, conditions, provisions or events shall apply singly but not in combination. (f) The word "includes" shall not limit a term to the specific example but is intended to extend its meaning to all other instances or circumstances of like kind or character. Sec. 9- 386.4. - Definitions. City of Winter Springs Ordinance No. 2016 -10 Page 3 of 30 For the purpose of this division, the following words and terms shall have the meaning ascribed thereto: Access improvement: Road improvements necessary to provide safe and adequate ingress and egress and for efficient traffic operations. Access improvements include but are not limited to the following: (1) Right -of -way and easements; (2) Left and right turn lanes; (3) Acceleration and deceleration lanes; (4) Traffic control devices, signage, and markings; and (5) Drainage and utilities. Accessory building, structure or use: A detached, subordinate building, structure or use, the use of which is clearly incidental to and serves the principal building or use of the land and which is located on the same lot as that of the principal building or use. Applicant: Any person who applies for a building permit or certificate of occupancy. Arterial roads: A classification of roads which primarily functions to accommodate the movement of relatively large traffic volumes for relatively long distances at relatively high speeds. Land access, when provided, is subservient to the movement function. This classification includes all roads which function above the level of a major collector road. Average trip length: The average length in miles of trips for each major land use category as determined from the Orlando Urban Area Transportation Study and adjusted to reflect the travel characteristics in the Orlando GMP Study Area, and special studies for particular land uses conducted by registered professional engineers. Building: Any permanent structure designed or built for the support, shelter or protection of persons, animals, chattels or property of any kind. Building permit: Any building or construction permit required under the Winter Springs Building Code (chapter 6 of the City Code). Capacity, capacity per lane: The maximum number of vehicles for a given time period which a typical new lane can safely and efficiently carry at a specified level of service. F °r the .,,,r.,°G° .,f ME-; ,_,,,,°;°., the GapaG lane at eve., Capacity per lane mile: The product of the capacity per lane times one (1) lane mile. F=°r the .,,,r.,° (, ,400) Peh; s. eG per ay perFeugr ,�rr.e per�r.evel ef se,V;Ae o . Captured traffic: Diverted traffic plus passer -by- traffic. Collector roads: Intermediate classifications of roads which provide both land access and movement service for medium length trips. MajeF e'RestA-.r rea-ais fi-mr-,tieR at relatively med to speeds and GARAPAt r°nn°nf Innol streets to majGF n°II°nf°r °r or+ °riol r°orlc Development permit. Includes any building permit, conditional use, zoning approval, subdivision approval, rezoning, development order, special exception, variance, or any other official action of local government having the effect of permitting the development of land. Development site: The property under consideration for development and under single ownership at the time of application. City of Winter Springs Ordinance No. 2016 -10 Page 4 of 30 Diverted traffic: Traffic that is already on the road network, which is attracted by the new land development and which may be transferred from another route. Encumbered. Funds committed in a capital improvements program for a specified improvement on a specified time schedule. Expansion: Road and intersection capacity enhancements which include but are not limited to extensions, widenings, intersection improvements, upgrading signalization and improving pavement conditions. External trip: Any trip which has either its origin or destination at the development site but not both. Gross bu#Gfing floor area: For purposes of the division, gross WildiRg floor area shall be defined in the ITE Trip Generation Manual, 9th Edition the +e +OI g squaFe feet�,.e 1n4 paGF• The r, gatiye effe.-+ of 0.+.+i +ie.,01 yehi.-les A_.n a eO.+w ay segmeRt. Internal trip: Any trip which has both its origin and destination within the development site. Land development: Any building, structure or other land use including the uses associated with the building, structure or land. Land development activity generating traffic: The carrying out of any land development, including but not limited to building activity or the making of any material change in the use or appearance of any building, structure or land that attracts or produces vehicular trip(s) over and above that produced by the existing use of the land. Land use: For the purpose of calculating the proper impact fee for each land use provided in the impact fee schedules, the definitions provided for applicable land uses in the ITE Trip Generation Manual 9th Edition Re.,er+ 5th F=dmtme., (1991 shall apply. aGGeptable -standard­ I-eve.1 A-f se.wirUe "-D" shall have the sa-Me MeaRiRg as set fe-Fth in the TraRGpei4atiqR A-f ISP-R.9iGe 'Q" FepFeSeRtS high deRGity but stable flew. Speed and- freed-e.m te maneuveF aFe S-RIA-11 inG_.FP_A_'_;P_'_; on tFA_ffiG_ f'GW Will geReFally Gause epeFatiGRal at this level. AyeFage travel speeds O abeu t fei4y (40) r, e.,+ of free f'GW Speed Local roads: A classification of roads which primarily functions to accommodate land access for abutting property. Local roads may provide service for relatively small traffic volumes for relatively short distances at relatively low speeds. Through traffic movement, when provided, is subservient to the land access function. This classification includes all roads which function below the level of a municipal collector road. f`ew,r,reheRGiVe DIOn e.,.Je.J The majeF ead nefiferk in.l.+eo• (I) Fii� iStiRg- arieFiall- 'anid-, Avevllrerute_rr re ad -mays. (2TFyttRRed eARRIGOGRG tAeXiGtiRyg a4eFi all- and- Avviie6fce -F ree aaa r+raffinways; artcIr (3) 3) PaRRed ney.f ate- Fiall- aarnd- Avevllrerute -FF re-'aa .r traffiruways. City of Winter Springs Ordinance No. 2016 -10 Page 5 of 30 Marginal cost: The additional cost incurred to provide a non - site - related improvement over and above that which would be necessary to only provide the site - related improvement needed to serve the development. Non - site - related improvements: Road improvements, including rights -of -way, which are necessary to provide safe and adequate travel service for the movement of vehicular traffic, and which are in excess of or in addition to site - related improvements. Non - site - related improvements may include on -site or off -site improvements to the municipal collector road network. The Fead in, a,.f foe f„r.m. ,la r-,e. ta- ined in this di„i 'si,,., the MHROGipal G.,"eGtGF FARGI .,otwerk Off -site improvements: Road improvements located outside of the boundaries of the development site which are necessary to provide safe and adequate travel service for vehicular traffic. On -site improvements: Road improvements located within the boundaries of the development site which are necessary to provide safe and adequate travel service for vehicular traffic. Passer -by- traffic: Traffic already on the road adjacent to the development site. Road impact fee; impact assessment; fee: The fee required to be paid in accordance with this division. Road improvements: Physical assets, constructed or purchased, that are necessary to provide safe and adequate travel service for vehicular traffic. The acquisition, expansion or development of road improvements includes transportation planning, preliminary engineering, engineering design studies, land surveys, right -of -way acquisition, engineering, permitting, inspection and testing during construction, and construction of all the necessary features for any road construction project including, but not limited to: (1) Construction of the through lanes; (2) Construction of turn lanes; (3) Construction of bridges; (4) Construction of drainage facilities in conjunction with roadway construction; (5) Purchase and installation of traffic signalization, signage and markings; (6) Construction of curbs, medians and shoulders; and (7) Relocating utilities to accommodate roadway construction. Road network: The interconnecting system of streets, roads, highways and other public ways open to vehicular travel by the public generally and dedicated to the public use. The road network includes existing public roads, planned extensions to existing public roads and planned new roads. Site - related improvements: Road improvements, including rights -of -way, which are necessary to provide safe and adequate travel service for the movement of vehicular traffic between the traffic- generating land uses within the development, between the development and the wafer existing road network and access improvements. Site - related improvements may include on -site improvements to the road network. GaIG 1lated n aRt fn fho form's of fhi's rinri'sinn Structure: Anything constructed, erected or placed, the use of which requires more or less permanent location on or in the ground or attached to something having a permanent location on or in the ground. Traffic- generating land uses; traffic- generating development: Any building, structure or other use of the land that increases the generation of vehicular trips over and above that generated by the previous use. City of Winter Springs Ordinance No. 2016 -10 Page 6 of 30 Trip: The movement of vehicular travel from an origin to a destination. For the purposes of this division, trip shall have the meaning which it had in commonly accepted traffic engineering practice and which is substantially the same as that definition in the previous sentence. Trip generation: The attraction or production of trips caused by the use or activity associated with a given type or classification of land development. Trip rate; trip generation rate: The average number of vehicle trips which can be attributed to a specific type of land use activity per unit of development per day as documented in the ITE Trip Generation Manual, th rt 5th itien (1991) 9 Edition Reo�- err- €d,�,- , -r�rT. Unit of development: The standard incremental measure of land development activity for a specific type of land use upon which the trip generation rate is based as documented in the ITE Trip Generation Manual 9th Edition Rep^' , 5th €diti^ r). Vehicle miles of travel; lane miles: The sum of the product of the length of each roadway link times the number of trips on each link as identified in the Winter Springs Future Year Network with Existing Traffic Volumes Study offo ^h ^.J As Exhibit "D" [fGllG iRg thin diVioieR] and heFeb o.Jepte.J Sec. 9- 386.5. - Limitations on issuance of building permits. Any person who applies for the issuance of a building permit for land development activity which will generate additional traffic shall be required to pay a road impact fee in the manner and amount set forth herein. Except as provided elsewhere in this division, no building permit for any land development activity generating traffic requiring payment of a road impact fee pursuant to this division shall be issued unless and until the road impact fee hereby required has been paid. Except as provided elsewhere in the division, no person shall carry out any land development activity generating traffic unless and until the road impact fee required by this division has been paid and a building permit has been issued. Sec. 9- 386.6. - Determination of road impact fees. The road impact fee for any land development activity generating traffic shall be determined either by using the fee rate schedule set forth in section 9 -386.7 or by using the independent method of calculation set forth in section 9 -386.8 of this division. Also, any applicant may propose to enter into an impact agreement with the city as set forth in section 9- 386.10 of this division in order to establish just and equitable impact fees or their equivalent which are appropriate to the specific circumstances of the land development activity generating traffic. Sec. 9- 386.7. - Road impact fee rate schedule. Any person may determine their road impact fee by using the following fee rate schedule_ Land Use Description Impact Unit Impact Fee /Unit Residential 210 Single Family DU $1,342.00 City of Winter Springs Ordinance No. 2016 -10 Page 7 of 30 220 Multi Family DU $937.00 240 Mobile Home DU $703.00 254 Assisted Living Facility Bed $375.00 253 Congregate Care DU $284.00 Office 710 General Office Building 1,000 SF GFA $1,555.00 720 Medical /Dental Office Building 1,000 SF GFA $5,096.00 Institutional 560 Church 1,000 SF GFA $1,186.00 565 Day Care Center 1,000 SF GFA $3,214.00 536 Private School Student $2,317.00 Medical 610 Hospital 1,000 SF GFA $1,864.00 620 Nursing Home Bed $386.00 630 Clinic 1,000 SF GFA $4,436.00 Commercial 815 Discount Store 1,000 SF GFA $3,347.00 816 Hardware /Paint Store 1,000 SF GFA $2,470.00 817 Nursery /Garden Store 1,000 SF GFA $3,827.00 Shopping Center /R etail: 820 0 - 50,000 sf 1,000 SF GLA $4,338.00 820 50,001 sf - 100,000 sf 1,000 SF GLA $3,404.00 820 100,001 sf and greater 1,000 SF GLA $2,140.00 848 Tire Store 1,000 SF GFA $1,384.00 850 Supermarket 1,000 SF GFA $3,549.00 City of Winter Springs Ordinance No. 2016 -10 Page 8 of 30 851 Con. Str (24hr) w/o gas 1,000 SF GFA $7,847.00 862 Home Improvement Superstore 1,000 SF GFA $1,354.00 890 Furniture store 1,000 SF GFA $335.00 931 Quality Restaurant 1,000 SF GFA $7,104.00 932 High Turnover (Sit -Down) Restaurant 1,000 SF GFA $5,504.00 933 Fast Food Restaurant w /out Drive -thru 1,000 SF GFA $27,733.00 934 Fast Food Restaurant w /Drive -thru 1,000 SF GFA $19,216.00 942 Auto Care Center 1,000 SF GFA $688.00 853 Convenience Market w/ Gas Pumps 1,000 SF GFA $5,449.00 945 Gas Service Station w/ Convenience Fueling Position $1,342.00 947 Self Service Car Wash Stall $4,007.00 Services 911 Walk in Bank 1,000 SF GFA $2,278.00 912 Drive in Bank 1,000 SF GFA $4,565.00 The fee rate schedule is presented for the convenience of the public and may be used in lieu of the independent method of calculation set forth in section 9- 386.8. The fee rates have been calculated using the method of calculation presented in section 9 -386.8 using recognized accepted trip generation rates based upon acceptable national and local averages. For the convenience of the public the fee rates which are based on trip generation have been converted to dollar amounts per unit of development, i.e., per dwelling unit, per one thousand (1,000) square feet, per room, etc., depending upon the type or classification of land development. The road impact fee is determined by the following provisions: (1) Road Impact Fee Rate Schedule set forth in this section. coo Exhibit „R„ (2) The total road impact fee for a specified type of land development activity is calculated by multiplying the impact fee rate for the specified type of land development activity by the number of units of development of the specified type of development activity. (3) When a land development activity for which an application for a building permit has been made includes two (2) or more buildings, structures or other land uses in any combination, including two (2) or more uses within a building or structure, the total road impact fee assessment shall be the sum of the products, as calculated above, for each and every building, structure or other use, including each and every use within a building or structur ^e,, unless otherwise provided for in this division. fie; eses of .lor f. o +., ., the i.m.- nRVtCTee �*ed - -lP €wh,Tohot "R" Ann'OAQb;pte City of Winter Springs Ordinance No. 2016 -10 Page 9 of 30 (4) In the case of a change of use, redevelopment or modification of an existing building, structure or other land development activity which requires the issuance of a building permit, the impact fee shall be based upon the new increase in the impact fee for the new or proposed land development activity as compared to the existing or last previous land use or activity. (5) In the case of a demolition of an existing building or structure, the impact fee for future redevelopment shall be based upon the net increase in the impact fee for the new or proposed land development activity as compared to the land use or activity existing prior to demolition. Credit for the der rp for use shall not be transferable to another location. (6) In the case of a relocation of a building or structure, an impact fee shall be assessed to the relocated building at its new location. Future redevelopment of the old location from which the building was removed will receive a credit against the impact fee assessed equal to the impact fee that would have been assessed against the relocated structure. Credits shall not be transferable to the new location. (7) In order to take advantage of subsection (4), (5) or (6) (above) and pay impact fees only for the net increase in development activity, the applicant shall provide reasonably sufficient evidence that the previous land use or activity was actually maintained on the site at any time during the five -year period prior to the date of application for the new development approval. Such evidence may include proof of utility records, records for the use sought to be shown, or other documentation. Local business tax receipt issuance is not of itself substantial proof. (8) In the event that an applicant for a building permit or the City of Winter Springs contends that the land use for which the building permit is proposed is not within the categories listed in the impact fee schedule set forth in this section, or fits within a different category, then the city manager, or his designee shall make a determination as to the appropriate land use designation which is consistent with current practices to add land use categories to the fee rate schedule following submission to the commission. In addition, either the city or the applicant can propose actual studies or surveys in order to calculate the most appropriate fee rate. Such determination may be appealed to the city commission by filing a written notice of appeal to the city manager or desianee pursuant to section 9- 386.21. Sec. 9- 386.8. - Independent impact fee calculation. (a) In the event an applicant believes that the impact of this development on the municipal collector road network will be less than that presumed in this division, the applicant may submit a proposed scope of work for determining an independent fee calculation which shall comply with the methodology in the latest Transportation Impact Fee Study adopted by the city commission to support this division. FegWi FeMeRto Gf (d) Gf +hio GepAien Upon approval of the scope of work the applicant may submit an independent fee calculation to the city manager or his designee, pursuant to the provisions of this section. If the city manager, or his designee, finds that the data, information and assumptions used by the applicant to calculate the independent impact fee satisfy the requirements of this section, the independent impact fee shall be deemed the impact fee due and owing for the proposed development. Since processing of independent impact fee calculations involves significant staff time, applicants should submit their independent impact fee calculation at least sixty (60) days prior to the date they will need a final determination of their impact fee. Alternatively, an applicant may pay the impact fee normally required at the time of seeking a building permit, subject to possible reimbursement of any excess paid according to the final independent impact fee determination. The city's costs for administering and evaluating the independent impact fee, including but not limited to the cost of independent consulting engineers, shall be borne by the applicant. (b) In the event the city believes that the impact of the proposed development on the municipal collector road network is greater than that presumed in this division, the city may accomplish an alternative City of Winter Springs Ordinance No. 2016 -10 Page 10 of 30 independent impact fee calculation to increase the transportation impact fee. This calculation shall comply with the methodology in the latest Transportation Impact Fee Study adopted by the city commission to support this division. romdrarno ,f; Af 611hGPGtiGR (d) of this serAmen The city manager or his designee shall notify the applicant in writing within five (5) workdays following the formal pre - application meeting with city staff concerning this project. If the city chooses to accomplish an independent impact fee calculation to increase the transportation impact fee for the proposed development, the cost of accomplishing such independent impact fee calculation shall be borne by the city. The city manager or his designee shall have final authority to determine the appropriate transportation impact fee for the proposed project based upon an evaluation of the city's independent impact fee calculation. fGIl.,W iRg fnrm11lo1;- (1) �IG61,latire —P r of ,n evi Miles v f -trav el- City of Winter Springs Ordinance No. 2016 -10 Page 11 of 30 (d c) Data, information and assumption requirements: The independent impact fee calculations shall be based on data, information or assumptions contained in this division or independent sources, provided that: (1) The independent source is an accepted standard source of transportation engineering or planning data; or (2) The independent source is based on actual studies or surveys conducted in the Orlando Urban Area, or with the specific approval of the city manager, or his designee, in other urban areas and carried out by a qualified registered engineer pursuant to an accepted methodology of transportation planning or engineering. (3) The methodology used for the independent impact fee calculations shall use the same methodology as the latest Transportation Impact Fee Study adopted by the city commission. (e j)Total road impact fee calculation: The total road impact fee assessment for a specified type of land development activity generating traffic for which an application for a building permit has been made is calculated by use of the following formula: TIF = (IFR)(NUD) FIR = Impact fee rate for specific land use as determined in section 9.386.8(c)(3). NUD = Number of units in a development of the specified type of development activity. (f- �e When a land development activity for which an application for a building permit has been made includes two (2) or more buildings, structures or other land uses in any combination, including two (2) or more uses within a building or structure, the total road impact fee assessment shall be the sum of the products, as calculated above, for each and every building, structure or other use, including each and every use within a building or structure, unless otherwise provided for in this division. In the case of a change of use, redevelopment, or modification of an existing building, structure or other land development activity which requires the issuance of a building permit, the impact fee shall be based upon the net increase in the impact fee for the new or proposed land development activity as compared to the existing or last previous land use or activity. (h) A determination by the city manager or his designee, that the independent calculation does not satisfy the requirements of this section may be appealed to the city commission. Sec. 9- 386.9. - Presumption of maximum impact. Development is presumed to have the maximum impact on the municipal collector road network. The proposed development activity for which an application for a building permit has been filed shall be presumed to generate the maximum number of average daily vehicle trips, vehicle miles of travel and lane miles of travel to be generated by the most appropriate land use category(s) as determined by the city manager, or his designee. Sec. 9- 386.10. - Impact agreement. City of Winter Springs Ordinance No. 2016 -10 Page 12 of 30 Any applicant may propose to enter into an impact agreement with the city designed to establish just and equitable fees or their equivalent and standards of service needs appropriate to the circumstances of the specific development proposed. (1) Such an agreement may include, but shall not be limited to provisions which: a. Modify the presumption of maximum impact set forth in section 9 -386.9 and provide an impact fee which may differ from that set forth in section 9 -386.7 by specifying the nature of the proposed development for purposes of computing actual trips, provided that the agreement shall establish legally enforceable means for ensuring that the actual number of trips generated will not exceed the estimated trips generated by the agreed upon development. b. Permit the construction of specific transportation improvements in lieu of or with a credit against the road impact fee assessable. Permit a schedule and method for payment of the fees in a manner appropriate to the particular and unique circumstances of the proposed development in lieu of the requirements for payment of the fees as set forth in section 9- 386.8, provided that security is posted ensuring payment of the fees, in a form acceptable to the city, which security may be in the form of a cash escrow deposit, surety bond, or letter of credit Regetiable GPFtifiGAtP „f d. Pte-. VOCIo W o tFRA144Pr Af APPdot; -& S— Pr"GvVmded�fv"r- .'rr�rser'tme , o 296 11 to o , Ivv°csse;�r'�r i ntprpst Af 'And (2) Any agreement proposed by an applicant pursuant to this subsection shall be presented to and approved by the city commission prior to the issuance of a building permit. Any such agreement shall provide for execution by mortgagees, lienholders or contract purchasers in addition to the land owner, and shall require the applicant to record such agreement in the official records of Seminole County. The city commission shall approve such an agreement only if it finds that the agreement will apportion the burden of expenditure for new facilities in a just and equitable manner, consistent with the principles set forth in Florida Statutes and case law. Sec. 9- 386.11. - Credits. (a) An applicant shall be entitled to a credit against future road 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 in an amount equal to: (1) The cost of non - site - related improvements to the municipal collector road network (including on- site and site - adjacent collectors to the extent such improvements are in excess of or in addition to site - related improvements); or (2) The contribution of land, money or services for non - site - related improvements to the municipal collector road network (including on -site and site - adjacent municipal collectors to the extent such improvements are in excess of or in addition to site - related improvements); or (3) Non - site - related roadway improvements previously contributed, paid for or committed to by the applicant or his predecessor in interest (including on -site and site - adjacent municipal collectors to the extent such improvements are in excess of or in addition to site - related improvements). a. No credit will be granted pursuant to this subsection unless the costs of the improvements were paid for and the contributions made within the last five (5) years; and City of Winter Springs Ordinance No. 2016 -10 Page 13 of 30 ithin n e (1) v of the effentive rote of th4 �i inmononer n ro (b) The credits shall be based on but not limited to the following criteria: (1) The actual cost, or estimated cost of improvements based on recent bid sheet information of the city or Seminole County_d— Fai �v ' r�pprarei� s Qffire �� to dote as if this diyosmen hod been in effe.ut of the time of iss an.Ue of said n mite r,el.t ho;Xe been r red in (c) Previous development permits wherein voluntary road impact fees were specified and paid shall be binding as to any building permit already issued on land subject to the development permit. Road improvements required by previous development permits shall not be given a credit unless they meet the requirements of subsections (a) and (b) above. (d) Any credit issued pursuant to this section shall run with the land on which the credit pertained and may only be transferred by the holder of said credits to any successor in interest in the parcel of land to which the credit pertained. (e) Any agreement for the issuance of credits against any road impact fee assessed pursuant to this division shall be included in an impact agreement as set forth in section 9- 386.10. (f) Any petition for the issuance of credits against any road impact fee assessed pursuant to this division shall be submitted to the city manager, or his designee, and must contain: (1) A notarized sworn statement that the petitioner is the current owner of the property; (2) A copy of any impact agreement, credit agreement, or other documentation on which the applicant relies for the claim which may pertain to the issuance of such credits; (3) A certified copy of the latest recorded deed; and (4) Such other information which may be reasonably necessary to ascertain current ownership of the property and the current status of the agreements for credits. Sec. 9- 386.12. - Vested rights. (a) A developer or successor in interest of land which has received a development 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 on the following criteria: (1) There exists a valid, unexpired governmental act of authorizing the 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. 2016 -10 Page 14 of 30 (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. For the purposes of this subsection, 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; a. 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; b. Whether the expenses or obligations were made or incurred subsequent to January 22, 1990, after which date the adoption of this division was pending; and c. Whether the operation of this division would create an onerous burden which would prevent the petitioner from making a reasonable return on his investment. (b) The city shall not permit the extension of a building permit beyond the initial time period for activation without the applicant complying with the provisions of this division. (c) If a previously approved development order or other binding agreement contained conditions regarding traffic impacts, road impact fees and their designated uses, or off -site transportation improvements, the developer or his successor may request a modification of such prior approvals in order to bring the approval conditions into consistency with this division. Any such modification of prior approvals and amendments to development orders so accomplished shall not be deemed a substantial deviation under Chapter 380 of Florida Statutes. Any petition for such modification of prior approvals and amendments to development orders under the provisions of this subsection must be filed with the city manager within one (1) year of the effective date of this division. (d) If a previously approved development order or other binding agreement provides for the mitigation of the traffic impacts of said development and if the city manager, or his designee, determines that such traffic impact mitigation measures are substantially consistent with the requirements of this division, then the road impact fee payable for such development under this division shall be revised accordingly to reflect the presumed traffic impact of said development. There shall be a presumption that the traffic impact mitigation provisions of any development order approved more than five (5) years prior to the adoption of this division are not substantially consistent with the requirements of this division. This subsection shall not apply where a development order previously approved provides that at such time as the city adopts transportation impact fee provision, thereafter the provisions and terms of the adopted impact fee provision will apply to the development project. Any petition for such modification of prior approvals and amendments to development orders under the provisions of this subsection must be filed with the city manager within one (1) year of the effective date of this division. Sec. 9- 386.13. - Site - related road improvements. The road impact fee formula contained in this division is designed to calculate the costs inherent in the construction on non - site - related improvements to the municipal collector road network and is not intended to assess an amount that constitutes an approximation of the costs to construct site - related roadway improvements. Therefore, if an assessment for er the construction of site - related roadway improvements is required as a condition of development approval, then to the extent permitted by law, said assessment or construction requirements shall be considered as an addition to the assessment calculated pursuant to the terms of this division. Sec. 9- 386.14. - Exemptions. The following shall be exempted from payment of the road impact fee: City of Winter Springs Ordinance No. 2016 -10 Page 15 of 30 (1) Those land development activities which have received a building permit prior to the effective date of this division except as provided for in other sections of this division. (2) Alteration or expansion of an existing dwelling unit where no additional units are created or the use is not changed. (3) The construction of accessory buildings or structures, to the extent that there is no increase in trip generation and which will not increase the external trip generation of the principal building, structure or use. (4) The replacement of a destroyed or partially destroyed building, structure, or use with a new building or structure of like size, capacity and use to the extent that there is no increase in trip generation. (5) 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, mss, parks, recreation and cultural purposes). Sec. 9- 386.15. - 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. (b) Funds withdrawn from the account must be used solely in accordance with the provisions of this division. The disbursal of such funds shall require the approval of the city commission, upon recommendation of the city manager and staff. Sec. 9- 386.16. - Collection of road impact fee assessment. (a) Except as provided for in section 9- 386.10 of this division, the road impact fee assessment shall be due and payable at the time of issuance of the building permit for the land development activity generating traffic. (s- �) The road impact fee shall be collected by the city manager or his designee. Sec. 9- 386.17. - Use of funds collected. (a) The funds collected by reason of establishment of the road impact fee in accordance with this division shall be used solely for the purpose of administering, planning, acquisition, expansion and development of non - site - related improvements to the municipal collector road network determined to be needed to serve new development, including, but not limited to: (1) Corridor studies and environmental assessments; (2) Design and construction plan preparation; City of Winter Springs Ordinance No. 2016 -10 Page 16 of 30 (3) Right -of -way acquisition; (4) Construction of new through lanes; (5) Construction of new turn lanes; (6) Construction of new bridges; (7) Construction of new drainage facilities in conjunction with new roadway construction; (8) Purchase and installation of traffic signalization; (9) Construction of new curbs, medians and shoulders; (10) Construction inspection and testing. (b) All funds shall be used in a manner consistent with the principles set forth in state case and statutory law and otherwise consistent with all requirements of the Constitution of the United States and the State of Florida and all applicable laws. Said funds shall not be used to maintain or repair any roads. (c) Interest on funds. Any funds on deposit not immediately necessary for expenditure shall be invested in interest - bearing accounts. All income derived shall be deposited in the trust account. (d) The city shall be entitled to retain an amount totaling three (3) percent, not to exceed a total of five thousand dollars ($5,000.00), of the aggregate of all impact fees it collects annually pursuant to this division which retained funds shall be utilized to offset the actual administrative costs associated with the collection and use of said funds that year pursuant to this division. Sec. 9- 386.18. - Return of funds. If it is determined by the city that fee assessments collected pursuant to this division have not been spent or encumbered for expenditure by the end of the calendar quarter immediately following six (6) years from the date the fee was received, 9F eight (9) , s #ern the offo._fi „o .fAfo Gf fhio ,_,,,,G,,,., WhiGho „or GGGUFG -Ian or if the development for which the fees were paid was never begun and the building permit expired, then said funds shall be eligible for refund to the then present property owner in accordance with the following procedures: (1) The then present property owner must petition the city for the refund within one (1) year following the end of the calendar quarter immediately following five (5) years from the date on which the fee was received by the city ^r GeVeR (7) „ G 4G.M. fho offoGfi „o .fAfo Gf fhio ,f;„il-309 , WhiGho „or AA airs last; (2) The petition must be submitted to the city manager and must contain: a. A notarized sworn statement that the petitioner is the current owner of the property or his authorized agent; b. A copy of the dated receipt issued for payment of the fee or other competent evidence of payment. c. A certified copy of the latest recorded deed; d. A copy of the most recent ad valorem tax bill; and e. A copy of the building permit or development agreement pursuant to which the impact fees were paid; f. Such other information which may be reasonably necessary to ascertain current ownership of the property. City of Winter Springs Ordinance No. 2016 -10 Page 17 of 30 (3) Within sixty (60) days from the date of receipt of petition for refund; the city manager or his designee shall advise the petitioner and the city commission of the status of the fee requested for refund. For the purpose of determining whether fees have been spent or encumbered, the first money placed in the trust fund account shall be deemed to be the first money taken out of the account when withdrawals have been made. Sec. 9- 386.19. - Review. This division shall be reviewed by the city commission periodically in order to maintain current local data analysis, rate schedules, and reasonable regulations in compliance with applicable law. aRually d„r;nn the M.A_ th Gf n,.f.,hor The review shall include trip generation rates, trip lengths, construction and right -of -way acquisition rates, trip lengths, construction and right -of -way acquisition costs, division provisions, impact fee rates and other applicable items. The purpose of this review is to analyze the effects of inflation on the actual costs or roadway improvements, to review and revise, if necessary, the transportation improvement program, and to ensure that the fee charged new land development activity generating traffic will not exceed its pro rata share for the reasonably anticipated expansion costs of road improvements necessitated solely by its presence. Failure of the city to periodically undertake such a review shall result in the continued use and application of the existing fee schedule and other data. Sec. 9- 386.20. - Penalty. Violations of this division shall constitute a misdemeanor of the second degree enforceable in accordance with section 1 -15 of the City Code or in the alternative by an injunction or other legal or equitable relief in the circuit court against any person violating this division, or in an appropriate case by both criminal and civil injunctive relief. Sec. 9- 386.21. - Appeals of impact fee determinations. (a) Any person desiring to appeal an administrative decision regarding the payment of impact fees or credits shall file a written notice of appeal with the city manager. Said notice shall be filed within thirty (30) days of the decision sought to be appealed. A required processing fee of five hundred dollars ($500.00) shall be submitted with the notice of appeal in order to defray actual administrative costs associated with processing the road impact fee appeals. (b) All notices of appeal shall include a full explanation of the reasons for the appeal, specifying the grounds therefor, and containing an documentation which the applicant desires to be considered. The appeal shall contain the name and address to the person(s) filing the appeal and shall state their capacity to act as a representative or agent if they are not the owner of the property to which the impact fees or credit(s) pertain. (c) Within thirty (30) days following the receipt of the written notice of appeal, the city manager, or his designee, will review the appellant's written report, supporting documentation and departmental staff reports. The thirty -day review period may be extended if additional information is needed from the appellant in order to render a decision. Upon completion of the administrative review, the city manager will provide a written response to the appellant constituting a final administrative determination. (d) Any person desiring to appeal the final administrative determination of the city manager regarding the payment of impact fees or credits shall file a written notice of appeal to city commission. Said notice of appeal to city commission shall be filed with the city manager within fifteen (15) days following receipt of the final administrative determination. Receipt shall be construed to have occurred when the City of Winter Springs Ordinance No. 2016 -10 Page 18 of 30 final administrative decision is deposited in the United States mail postage prepaid to the person whose name and address was identified in the original notice of appeal. (e) All notices of appeal shall include a full explanation of the reasons for the appeal, specifying the grounds therefor, and containing any documentation which the applicant desires to be considered. The appeal shall contain the name and address of the person(s) filing the appeal and shall state their capacity to act as a representative or agent if they are not the owner of the property to which the impact fee or credit pertain. (f) The city clerk will schedule all impact fee appeals for the first city commission meeting following ten (10) days from receipt of the written notice of appeal to city commission. Postponements of the city commission appeal date may be granted by the city clerk if they are requested in writing at least ten (10) days in advance of the scheduled city commission meeting date. (g) When an appeal is scheduled for oral presentation before the city commission, the appellant and the city staff shall each be given fifteen (15) minutes at the oral argument to present the appeal and to discuss the submitted written record. (h) Final decisions made by the city commission shall be in writing and subject to appeal to a court of competent jurisdiction. [Intentionally left blank] City of Winter Springs Ordinance No. 2016 -10 Page 19 of 30 DRAFTING NOTE: THE FOLLOWING EXISTING EXHIBIT "A" MAP IS HEREBY REPEALED AND DELETED FROM THE EXISTING CITY CODE IN ITS ENTIRETY. 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0 as 94 2-59 a � eaee �€,4 2-2- 0 657 W/gas 84- 4- g 14-2 0 1.9 00���4& � 4 sapeFt 80- 9- 4-2-- eFe I �€ / ,=n;m 4; T go � 7G'V 44-- lCT 7� tY: -9'T e rye- /H�'/V� tT tT ' 7 0 &P Wal-iR -5 9 00 7,9-2-. � ha R 14 00- 0- 4- 4- 9- 499- 04 � 4-3- a @& � 44,49 �4 W-9- -5-- 4-7- 02-- -5 4 659 2 35 4- 00— 49& 04 &--4- W-4- a 4 lea 9.6- 4-7- 9& & I 0 2 9 0 4 4 444 �-9 -54. 0 � &1-54 001 0- 4- 6-2-- -5 00- X4-53 °x-40 0- 0 0� 44 49-,. -2-- 0- 47- -7& -5 9. i7 W-6- 0 9- - 00- 444. 4-5 -5-3- 4445 0 4-5-- 0- 47- --A& -5 44 77-� 0 9- 5 R9 4- 00- � e„T 4� 00 9S- 0- � �9- 4-& � 48& 0 444 ha l; k 00- 4- 00- 0- 4:�- -94 -5 4 � I --r,.p 0- 0- 0- I 00- City of Winter Springs Ordinance No. 2016 -10 Page 28 of 30 Secs. 9- 387 -9 -390. - Reserved. Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent ordinances and resolutions adopted by the City Commission, or parts of prior ordinances and resolutions in conflict herewith, are hereby repealed to the extent of the conflict. Section 4. Incorporation Into Code. This Ordinance shall be incorporated into the Winter Springs City Code and any section or paragraph, number or letter, and any heading may be changed or modified as necessary to effectuate the foregoing. Grammatical, typographical, and like errors may be corrected and additions, alterations, and omissions, not affecting the construction or meaning of this Ordinance and the City Code may be freely made. Section 5. 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 6. Effective Date. This Ordinance shall become effective immediately upon adoption by the City Commission of the City of Winter Springs, Florida, and pursuant to the City Charter. ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular meeting assembled on the day of , 2016. ATTEST: ANDREA LORENZO - LUACES City Clerk CHARLES LACEY, Mayor City of Winter Springs Ordinance No. 2016 -10 Page 29 of 30 APPROVED AS TO LEGAL FORM AND SUFFICIENCY FOR THE CITY OF WINTER SPRINGS ONLY. ANTHONY A. GARGANESE City Attorney First Reading: Legal Ad Published: Effective Date: City of Winter Springs Ordinance No. 2016 -10 Page 30 of 30