HomeMy WebLinkAboutOrdinance 589 Land Development
ORDINANCE NO. 589
AN ORDINANCE OF THE CITY OF WINTER SPRINGS, FLORIDA,
AMENDING CHAPTER 9, LAND DEVELOPMENT. ARTICLE VII.
IMPACT FEES. DIVISION 2. TRANSPORTATION FACILITIES;
SECTION 9-386.8 AND SECTION 9.386.16 SEVERABILITY, CONFLICTS
AND EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Winter Springs, Florida, has
determined that it is in the best interest for the City of Winter Springs, Florida, to update the
Transportation Impact Fees:
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COl\tIMISSION OF
THE CITY OF WINTER SPRINGS AS FOLLOWS:
SECTION I - That Chapter 9, Land Development. Article VIII. Impact Fees. Division
2. Transportation Facilities is hereby amended:
Sec. 9-386.8(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 and alternative independent
impact fee calculation to increase the transportation impact fee. This
calculation shall comply with the requirements of Subsection (d) this section.
The City Manager or his designee shall notify the applicant in writing within 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 and 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.
Sec. 9-386. 16(b) - In cases where the applicant desires to accomplish and
alternative transportation impact fee calculation based upon the actual project
to be constructed in the City of Winter Springs, the applicant must pay the
transportation impact fee estimated by the City of Winter Springs into an
escrow account prior to obtaining a building permit. The City will hold the
funds in the escrow account while the project is being developed and the
alternative transportation impact fee calculation is being accomplished. This
procedure allows for the most accurate alternative transportation impact fee
calculation to be accomplished since it will be accomplished for the specific site
at which the fee applies within the City of Winter Springs. Should the
alternative transportation impact fee as accepted by the City of Winter Springs
show that the transportation impact fee should be less than the funds previously
collected by the City, the excess funds would be returned to the applicant. The
sole decision in this matter would be made by the City ;Manager or his
designee.
SECTION II - Conflicts. All ordinances or parts of ordinances in conflict herewith
being the same are hereby repealed.
SECTION III - Severability. If any section or portion of a section or subsection of this
Ordinance proves to be invalid, unlawful or unconstitutional it shall not be held to invalidate or
impair the validity, force or effect of any other section or portion of a section or subsection or
part of this Ordinance.
SECTION IV - Effective Date. This Ordinance shall become effective immediately
upon its passage and adoption.
Passed and adopted this 9th day of October, 1995.
CITY OF WINTER SPRINGS
JOHN F. BUSH, MAYOR
ATTEST:
Margo M. Hopkins
CITY CLERK
First Reading August 28, 1995
Posted August 21, 1995
Second Reading and Public Hearing September 25, 1995
Third Reading and Public Hearing October 9, 1995
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The Orlando Sentinel
.
Published Daily
$81. 80
~tate of jflottba } s.s.
COUNTY OF ORANGE
NOTICE OF PU-..c HEN1ING
NOT\- IS HERBY QIYIfIl by
the c'I'" Commi8IIon of the City
.of Win~ 8P.riJ1gI, Florida. that
said CommisS1on will hold a
Public Hearing on an ordinance
entitled as follows:
ORDINANCE NO. 589
AN ORDINANCE OF THE
CITY OF WINTER
SPRINGS, FLORIDA.
AMENDING CHAPTER 9,
LAND DEVELOPMENT. AR-
TICLE VII IMPACT FEES DI-
VISION 2. TRANSPORTA-
TION FACILITIES; SECTION
9-386.8 AND SECTION
9.386.16 SEVERABILITY .
CONFLICTS AND EFFEC-
TIVE'DATE.
This Public Hearing will be held
'at 7:30 p.m. on September
125.1995. or as soon ther~after
as possible in the Commission
Chambers, City Hall, 1126 East
S.R. 434. Winter Springs. FL
32708. .
i Copies of the proposed ordl- I
I nance are available in the office ,
of the City Clerk for inspection.
: Interestea parties may appear. at
this hearing and be heard with
respect to this proposed ordl-
i ~~~~gns with disabiliti~s nee~-
ing assistance to participate In
any of these proceedings
should contact the Employee
Relations Department ADA Co-
ordinator 48 hours in advance
of the meeting at (407)327-
~~ons are advised that if they
decide to appeal any decisions
made at these meetings/hear.
ings they will need a record of
the proceedings and for such
purpose. they may need to in-
sure that a verbalim record of
the proceedings is made, which
includes the testimony and eVI-
dence upon which the appeal is
based, per section 286.0105
F.S. CITY OF WINTER SPRINGS
/s/Margo M. Hopkins.
Margo MC~':
CSE532853 SEPT.~O,1995
,
Before the undersigned authority personally appeared
Kell y Demma , who on oath says
that he/she is the Legal Advertising Representative of The Orlando Sentinel, a dally
newspaper published at r ~s~n Rf"RRY in
SfMTNOI F CounW Florida;
that the attached copy of advertisement, being a NOT T C F 0 F P I HI T r
in the matter of Ordinance No. 589
in the SEMTNOI f'
was published in said newspaper in the issue; of 09J'1f1J'9t;
Court,
Affiant further says that the said Orlando Sentinel is a newspaper published at
CASStl t1FRRV ,in said
SFMINOl F County, Florida,
and that the said newspaper has heretofore been continuously published in
said SEMINOI F County, Florida,
each Week Da and has been entered as second-class mail matter at the post
office in" 1=" r- in said
Sf'MTNOl F County, Florida,
for a period of one year next preceding the first publication of the attached
copy of advertisement; and affiant further says that he/she has neither paid
nor promised any person, firm or corporation any discount, rebate,
commission or refund for the purpose s r' this advertisement for
publication in the said newspaper.
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