HomeMy WebLinkAboutOrdinance 2017-16 Amending Ch. 9 - Impact FeesORDINANCE NO. 2017 -16
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF WINTER SPRINGS, FLORIDA, AMENDING THE CODE OF
ORDINANCES CHAPTER 9, ARTICLE VIII, IMPACT FEES, BY
AMENDING POLICE, FIRE, AND PARKS AND RECREATION
IMPACT FEES; PROVIDING FOR THE REPEAL OF PRIOR
INCONSISTENT ORDINANCES AND RESOLUTIONS,
INCORPORATION INTO THE CODE, SEVERABILITY, AND
AN EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Winter Springs, Florida, has previously found
and determined it to be in the best interest of the safety, health, and welfare of the citizens of the City of
Winter Springs to establish police, fire, and parks and recreation impact fees to require new
development to pay their equitable share of public improvements that must be constructed to serve new
growth; and
WHEREAS, the City has retained Raftelis Financial Consultants, Inc.( "Raftelis ") to conduct a
periodic reassessment of the City's police and parks and recreation impact fees and to prepare a report
on the appropriateness of the City's current impact fees; and
WHEREAS, Raftelis has reviewed the current police and parks and recreation impact fees and
anticipated development activity and has determined that the current levels of police and parks and
recreation impact fees should be adjusted in accordance with the findings and recommendation set forth
in their City of Winter Springs 2017 Police and Parks & Recreation Impact Fee Study Report, dated
August 17, 2017; and
WHEREAS, the City currently contracts with Seminole County to provide fire and rescue
services within the jurisdictional limits of the City of Winter Springs by Interlocal Agreement; and
WHEREAS, in furtherance of the Interlocal Agreement, the City and County staff met and
reviewed the City's current fire impact fees, projected future capital improvements for the fire
department within the jurisdictional limits of the City of Winter Springs, and anticipated development
activity and growth projected for the City; and
WHEREAS, based on this meeting, the City and County determined that the current level of fire
impact fees should be reduced and adjusted to match the current fire impact fees adopted by Seminole
County, and said reduced level of fire impact fees in the City will be sufficient to maintain the fire and
rescue levels of services within the jurisdictional limits of the City of Winter Springs; and
WHEREAS, the City Commission hereby finds that the aforementioned report and the use of
Seminole County's imposed fire impact fees legally justifies the imposition of impact fees pursuant to
applicable law. See §163.31801, Florida Statutes; See also, Volusia County v. Aberdeen at Ormond
City of Winter Springs
Ordinance No. 2017 -16
Page 1of 8
Beach, 760 So. 2d 126 (Fla. 2000); Contractors and Builders Association of Pinellas County v. City of
Dunedin, 329 So. 2d314 (Fla. 1976); Wald v. Metropolitan Dade County, 338 So. 2d863 (Fla. 3d DCA
1976); Hollywood, Inc. v. Broward County, 431 So. 2d 606 (Fla. 4th DCA 1983); and
WHEREAS, the City Commission also finds that Section 163.3202(3), Florida Statutes,
encourages the use of innovative land development regulations which includes the adoption of "impact
fees," and
WHEREAS, the City Commission also finds that the impact fees required by this Ordinance are
necessary to mitigate impacts reasonably attributable to new development; and
WHEREAS, the City Commission also recognizes that the Florida Legislature has mandated
that local government plan comprehensively for future growth and that this regulatory Ordinance is
consistent with that mandate. See, e.g., Ch. 163, Fla. Stat.; and
WHEREAS, new land development activity generates public facility and service demands
within the City and it is reasonable to require new development to pay a fair share of the cost of
expanding new public facilities and services attributable to new development; and
WHEREAS, this Ordinance is enacted pursuant to the Florida Municipal Home Rule Powers
Act, Section 163.31801, Florida Statutes, Chapter 163, Florida Statutes, the City of Winter Springs
Comprehensive Plan, and other applicable law authorizing a municipality to set rates, fees, and charges
for new development; and
WHEREAS, it is in the best interests of the public health, safety, and welfare of the citizens of
Winter Springs to amend the City's police, fire /rescue and parks and recreation impact fees and
procedures.
NOW, THEREFORE, THE CITY COMMISSION OF THE CITY OF WINTER
SPRINGS HEREBY ORDAINS, AS FOLLOWS:
Section 1. Recitals. The foregoing recitals are hereby incorporated herein by this
reference.
Section 2. Code Amendment, Chapter 9, Article VIII, Division 3. The City of Winter
Springs Code, Chapter 9, Article VIII, Division 3, is hereby amended as follows (underlined type
indicates additions and strikeout type indicates deletions, while asterisks (* * *) indicate a deletion from
this Ordinance of text existing in Chapter 9, Article VIII, Division 3. It is intended that the text in
Chapter 9, Article VIII, Division 3 denoted by the asterisks and set forth in this Ordinance shall remain
unchanged from the language existing prior to adoption of this Ordinance):
City of Winter Springs
Ordinance No. 2017 -16
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ARTICLE VIII. IMPACT FEES
DIVISION 3. POLICE, FIRE AND PARKS AND RECREATION
Sec. 9- 391.5. Payment of fees.
(c) Amount of fee. The following impact fees are hereby adopted:
(1) Fire:
(i) Residential:
- Single Family
$172.00 / dwelling
unit
- Apartment
$172.00 / dwelling
unit
- Condominium
$172.00 / dwelling
unit
- Mobile Home
$172.00 / dwelling
unit
City of Winter Springs
Ordinance No. 2017 -16
Page 3of 8
(ii) Non - residential:
- Hotel
$313.00 / 1,000 gross sq.ft.
- Motel
$313.00 / 1,000 ogr ss sq.ft.
- Church
$684.00 / net sq.ft.
- Marina (per boat berth)
$320.00 / net sq.ft.
- Racquet Clubs
$320.00 / net sq.ft.
- Health Spas
$320.00 / net sq.ft.
- Golf Course Clubhouse
$320.00 / net sq.ft.
- Restaurant - Sit Down
$320.00 / net sq.ft.
- Restaurant - Drive In
$320.00 / net sq.ft.
- Hospital - Room Area
$10.00 / gross sq.ft.
- Hospital - Treatment Area
$5.00 / gross sq.ft.
- Nursing Home - Room Area
$10.00 / gross sq.ft.
- Nursing Home - Treatment Area
$5.00 / gross sq.ft.
- Day Care
$51.00 / net sq.ft.
- Office
$72.00 / gross sq.ft.
- Bank I Savings - Walk In
$72.00 / gross sq.ft.
- Bank / Savings - Drive In
$72.00 / gross sq.ft.
- Retail / Wholesale < 300,000 sq.ft.
$160.00 / gross sq.ft.
- Retail / Wholesale 300,000- 400,000 sq.ft.
$144.00 / gross sq.ft.
- Retail / Wholesale > 400.000 sq.ft.
$130.00 / gross sq.ft.
- Basic Industry
$13.00 / gross sq.ft.
- Utility Plants / Substations
$13.00 / gross sq.ft.
- Manufacturing
$6.00 / gross sq.ft.
- Warehousing / Storage
$6.00 / gross sq.ft.
- Mini - Warehouses
$6.00 / gross sq.ft.
- Concentrated Assembly - 50+ persons
$684.00 I net sq.ft.
- less Concentrated Assembly - 50+ persons
$320.00 / net sq.ft.
- Assembly - < 50 persons, non - office /other
$72.00 / gross sq.ft.
iffipae4 fee to effi3et payments whieh new development will inew (in the f0fm of pefseaa4 serv4ee taxes
fire eapital impr-evements as follows.--
City of Winter Springs
Ordinance No. 2017 -16
Page 4of 8
2088 $490
2009 $39.94
20 0 $37:83
2041 $35:94
2042 $35:57
2043 $30.58
2) Police:
(i) Residential (single family, apartment, condominium, mobile home,
assisted living): $275.00 / dwelling unit
hWacA Fee Da-e
208-3 $105.47
2804 $1-i i.78
2495 $335.59
288E $5.59
2887
(ii) Non- residential: $0.156 $0.492 per square foot.
City of Winter Springs
Ordinance No. 2017 -16
Page 5of 8
(3) Parks and Recreation:
(i) Residential (single family, apartment, condominium, mobile home,
assisted living): $1,665.00 / dwelling unit
hWarat Fee Payment Year-
Pile-
2008
2409
$1-90.69
2009
2009
201-8
249
$1-05.68
$1,200.00
2444
W i .85
$1,20000
2014
2414
W7.05
2414
Qi.N
(3) Parks and Recreation:
(i) Residential (single family, apartment, condominium, mobile home,
assisted living): $1,665.00 / dwelling unit
hWarat Fee Payment Year-
hiffipaet Pee -Due
2008
$1,200.00
2009
$1,200.00
201-8
$i,200.00
244
$1,200.00
2014
$1,20000
2014
$1,200.00
City of Winter Springs
Ordinance No. 2017 -16
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(ii) Non - residential: None.
(4) Reserved. Fire,
2013. A r-eassessment of the impaet fees and efedits shall be provided pr-i@F to 2013 and eedified ifl.
the y -code:
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 City Charter. However,
pursuant to Section 163.31801(d), Florida Statutes, the Parks and Recreation impact fees adopted herein
shall become effective ninety (90) days from the date that notice of this Ordinance was published in the
newspaper of general circulation because the revised rate for Parks and Recreation constitutes an
increase from the rate in effect upon the adoption of this Ordinance.
[Adoption Page Follows]
City of Winter Springs
Ordinance No. 2017 -16
Page 7of 8
ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular meeting
assembled on the 25th day of September, 2017.
ATTEST:
Andrea Lorenzo- Luaces
City Clerk
Approved to legal form and sufficiency for
the Ci f inter Springs only:
Anthony A. Garganese
City Attorney
First Reading:
Legal Ad. Publication:
Second Reading/Adoption:
CITY OF WINTER SPRINGS, FLORIDA
Charle Lacey
Mayor
September 18, 2017
September 10, 2017
September 25, 2017
City of Winter Springs
Ordinance No. 2017 -16
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