HomeMy WebLinkAboutOrdinance 2016-10 Transportation Impact Fee 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
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see 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 , Chapter 166, Florida Statutes, various
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##91h Edition);
City of Winter Springs
Ordinance No. 2016-10
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(2) ITE Trip Generation Handbook(31d Edition):
(2- Orlando Urban Area Transportation Studies;
(3 Special Report 209, Highway Capacity Manual,Transportation Research Board, 1985;
(4- 0 Generalized Daily Level of Service Maximum Volumes for Florida's Urban/Urbanized
(5000+)Areas, FDOT 2082 2013:
(a 6) Cost per Lane Mile-City of Winter Springs Transportation Impact Fee Update,2005;
(&7) Existing Traff ic Circulation Analysis,City of Winter Springs Study,September, 1989,Tipton
Associates Incorporated and Leftwich Consulting Engineers, Inc.;
(7-- 8) Future Traff ic Circulation Analysis, City of Winter Springs Study, December, 1991, Tipton
Associates, Inc. and Leftwich Consulting Engineers, Inc.
(9 qJ Input Data for Seminole and Volusia Counties for Calculating Transportation Impact Fees
for Convenience Stores, August, 1989, Tipton Associates Incorporated.
(9 10 City of Winter Springs Transportation Study, August 1997; Supplement No 1 December
1999; Supplement No. 2, February 2001; Supplement No. 3, February 2005.
(4-0 11J 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.
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Ordinance No. 2016-10
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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 traff ic 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. For the purpose of this division, the
ity9f atypiGal new laneshall mea seven the,-sand few hundred (7,400)VehiGleS per day per through
GapaG
Capacity per lane mile:The product of the capacity per lane times one(1) lane mile.€eFt#e-purpese
of thms 4405300R, the GapaG Ity per lane mile of a typigal nnim WnA igh 11 Fnean seven thousand in,ir h,milmd
(7,400) vehi 9 per mile at level of 6erviGe 4)".
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.
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.
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Ordinance No. 2016-10
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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 bbFile4r►g floor area:For purposes of the division, gross 1961+ld'Rg floor area shall be defined in the
ITE Trip Generation Manual, 91h Edition the total gFoss square feet
Or.966 Ie--iq8-iq-hk-Q arn-a.For puFpeses of the division, gross leagAbIR Arga shall hQ thA totAl gross squaFe
footage less ten (10) perr--ent or the d-e-Gumented Go.m.Mop area of greater than ten (10) p9FGe
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
Report 5th Fiditlen (1991) shall apply.
aGG8Ptabl9 1-8VA-1 Of 69-.R.49-9- "Q-" shall hap.ge the same meaning as 6et forth ths; Tr Rsportation
RAr,A;;rnh RqaFd's 1985 Highway GapaGity Manual, gpeGial Repei4 2Q@, whiGh i substaRtially as follews:
Small inn-re-A-Aes in traff=G flow W 39 operational problems at this 'AWnel. AveFage tFavel
speeds aFe about f arty(4 0) P9FGeRt of fire-0 ovwf 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.
......d by the OFland-a- llrhap Area T-FaRspertation Study, I=eFig Range Tran6peFtatien Plan, as
ajor read network indudes-;
(1) Existing arterial and G0118GtOF FG-Rd-9-
(2) Plapmed- extensions;to existing arterial and Geller-ter re-ads 9F#affiGways; and
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Ordinance No. 2016-10
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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.
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 majer existing road network and
access improvements. Site-related improvements may include on-site improvements to the road network.
thA of r'4A ml;Ued read shall be Gonsidered- -as _an to the assessment
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.
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Ordinance No. 2016-10
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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,
9th Edition R9P90, 5th (1991).
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 RepoFt, 5th Edition (1994).
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 " [following this division] and heFeby adepted.
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
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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 Buildinq 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 $2A70.00
817 Nursery/Garden Store 1,000 SF GFA $3,827.00
Shopping
Center/R
etail:
620 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
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Ordinance No. 2016-10
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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 Qualitv 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 Fuelinq 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
time.presented Exhibit 43 and hereby adopted, and as may be ampmcjAd imm tome to 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. See Exhibit a.
(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 structure, unless otherwise provided for in this
division. "B" appliGable to
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Ordinance No. 2016-10
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(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 proper 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,, E""bit "R ", 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
designee 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.
req6JiFeMQMtR of A'1h6eGta()n (d) of this serAinn 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. . 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.
(G) independent impaGt ftsusq rGalpa-Ulatien. The fee shall he GaIGulated by u6e of the
fell .
hour.GaInG.U.1-ation of M w Miles of travel.
TGR - TFip generatiOR r-ate in ave-Mage daily tF'p6 generated per unit of development.
9 s used to ael1just the new Miles of travel for Gaptured trips alFeady -on the rn-.;;d- netwe*.
-D-D F - Dally distribution faGtor is based 61POR the p9rGentage of dally tripS GGGUFFIRg On the
p.FA. peak hQUF, in relation tn thA ;pgAr ge of ten (10) pement of the dally tFaff OG OGG61FFORg d
the p.m. peak hours. Thar, fanter Or, used to Fnere aGGUrately refleGt the imparA of a pai4iG,
development on themosst n-ritir--Ml traffir--hour, the p.m. peak
.A.TP— Average Erin length
2 A nnnn+anf that assigns nno_half (1/) of +he new lone milgA of frayAl fn the land
development(s)at the other end of the trips(r,).
GAP TypiGal AeW GapaGity per land mole expressed in vt9hicAer, per day. The typiGal n
GapaG
(3) Galo-datien of the impaGt f6e rate;
M"
lF=R = roll M)($C;G)
NJ IAA Flew land miles. of#ravel.
-rrr—�riv�r�urrvTrn,miles
City of Winter Springs
Ordinance No. 2016-10
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rGadway.
(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 MTotal 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-� 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.
(g 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.
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Ordinance No. 2016-10
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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.
c. 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, bGR4, surety bond, or letter of credit
dePoset or Asrr ;t, or lien 9F mortgage on lands to b9 GGVGFed by the building PWFnit.
nt
(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
ene (1) year of the 09Gtive date of this division
manager w
(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_-1-�
Appraiser's Off
(3) Any Gredit issued shall take into aGG06IRt asap effset to s-aid-o-,red-it-an amount equal to the
fee imposed by 6940R 9-386.7 hereiR multiplied by the number of URitGofdevelc)prneRtPeFrni#
to date as if this- d—ovis-ion h-ad beem on effer-,t At the time of is-swi-anr--e- of Gaid permit
(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 eK 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,pards,
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.
based upon the aGtual projeGt to be
R the City ei Winter Springs, the appliGant Must pa
perp; he Gity will hold the f uRdr, in the t;sPrmy; ;;nnrj1 1pt mrhl'A the PFOjeGt 16 being developed and the
(e- !2) 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, or eight (9) years from the effer-tive date of this divi Ion, whiGhever
oGGurs lasts 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 , whiGhever
essWFs 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.
(4) When the rAnney requested At"' the trust fund Arge-pt and ha6 RGt 199 6PORt OF mpg.wphored
by the end of the quaAer fallowing teR (40) years from the clate the fe
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. annually
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.
;-
Legend:
WINTER SPRINGS FUTURE YEAR NETWORK
WITH 1988 VOLUMES
Z
A
MEBrr A
2006 EXHIBIT-R -RAS-&-D ON ITFE SEVENTH FE61IT-10-NI - 0-G-T0139A 2005
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City of Winter Springs
Ordinance No. 2016-10
Page 20 of 30
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Ordinance No. 2016-10
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City of Winter Springs
Ordinance No. 2016-10
Page 22 of 30
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Ordinance No. 2016-10
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Ordinance No. 2016-10
Page 25 of 30
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City of Winter Springs
Ordinance No. 2016-10
Page 26 of 30
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City of Winter Springs
Ordinance No. 2016-10
Page 27 of 30
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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. General Effective Date; Prospective Effective Date for Several Land
Uses. 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. However,
pursuant to Section 163.31801(d),Florida Statutes,the Land Use Categories 620,630,815,817 and
945 set forth within the revised Table in Section 9-386.7 shall become effective on March 1,2017,
which is 90 days from the date that notice of this Ordinance was published in the newspaper of
general circulation on December 1, 2016 because the revised rates for those categories constitute
increases from the rates in effect upon the adoption of this Ordinance.
ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular
meeting assembled on the 12th day of December, 2016.
C ES LACE; as
v
ATTEST:
I
,-AN EA 1.ORENZO-LUACES
City Clerk
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.
r
ANTHONY A. GARGANESE
City Attorney
First Reading: November 21, 2016
Legal Ad Published: December 1, 2016
Effective Date: December 12,2016
City of Winter Springs
Ordinance No. 2016-10
Page 30 of 30