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Home My WebLink AboutOrdinance 638 Land Development ORDINANCE NO. 638 AN ORDINANCE OF THE CITY OF WINTER SPRINGS, FLORIDA, DELETING ORDINANCE NO. 589; AMENDING CHAPTER 9, LAND DEVELOPMENT. ARTICLE VII. IMPACT FEES. DIVISION 2. TRANSPORTATION FACILITIES; SECTIONS 9-386.7, 9-386.8, 9-386.16 AND APPENDIX "B"; PROVIDING FOR SEVERABILITY, CONFLICTS AND EFFECTIVE DATE. WHEREAS, the City Commission of the City of Winter Springs, Florida is desirous of amending its Impact Fee Ordinance to assure it reflects the general conditions of its ordinances, resolutions, policies and procedures; NOW, THEREFORE, THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA HEREBY ORDAINS: SECTION I - That Ordinance No. 589, passed and adopted on the 9th day of October, 1995, be deleted in its entirety. SECTION n - That Chapter 9, Land Development. Article VII. Impact Fees. Division 2. Transportation Facilities. Section 9-386.7 be amended by changing the first sentence only to read: Any person may determine their road impact fee by using the fee rate schedule presented in Exhibit "B" [following this division] and hereby adopted, and as may be amended from time to time. SECTION ill - That Chapter 9, Land Development. Article VII. Impact Fees. Division 2. Transportation Facilities. Section 9-386.8 be deleted in its entirety and replaced by a new Section 9-386.8 as listed below: Section 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 requirements of subsection (d) of this section. 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 independent impact fee calculation to increase t~e transportation impact fee. This calculation shall comply with the requirements of Subsection (d) of this section. 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 shalLhave 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 (c) Independent impact fee calculation. The independent impact fee shall be calculated by use of the following formulas: (1) Calculation of new miles of travel: NMT = New miles of travel on the city municipal collector system for a specific land use. TGR = Trip generation rate in average daily trips generated per unit of development. (2) PNT = Percent of new trips: The percentage of traffic or vehicle miles of travel expressed as a decimal, that constitute new or additional vehicle traffic added to the road network. This factor is used to adjust the new miles of travel for captured trips already on the road network. DDF = Daily distribution factor is based upon the percentage of daily trips occurring in the p.m. peak hour, in relation to the average often (10) percent of the daily traffic occurring during the p.m. peak hours. This factor is used to more accurately reflect the impact of a particular development on the most critical traffic hour, the p.m. peak hour. A TL = Average trip length. PVM = Percentage of vehicle miles on the municipal collector network. This factor reduces the impact fee to reflect only trips made on the municipal collector road network. (2) Calculation of new lane miles of travel charged to applicant: NLM = (NMT)/(2)(CAP) NLM = New lane miles of travel for a specific land use. NMT = New miles of travel. 2 = A constant that assigns one-half (1/2) of the new lane miles of travel to the land development(s) at the other end of the trips(s). CAP = Typical new capacity per land mile expressed in vehicles per day. The typical new capacities reflect an adjustment for capacity at level of service "D". (3) (3) Calculation of the impact fee rate: IPR = (NLM)($CC) IFR = Impact fee rate for a specified land use. NLM = New land miles of travel. $CC = Typical construction cost, including right-of-way, for one (1) lane mile at-grade roadway. (d) 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. (e) 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: TIP = (IFR)(NUD) IFR = 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. (4) (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 SECTION IV - That Chapter 9, Land Development. Article VII. Impact Fees. Division 2. Transportation Facilities. Section 9-386.16 be deleted in its entirety and replaced by a new Section 9-386.16 as listed below: Section 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. (b) In cases where the applicant desires to accomplish an 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 Commission or its designee. (5) (c) The road impact fee shall be collected by the city manager or his designee. SECTION VI - That Chapter 9, Land Development. Article VII. Impact Fees. Division 2. Transportation Facilities. Appendix "B" be replaced by the attached Appendix "B". SECTION VII - That any portion of any City Ordinance in conflict herewith shall be hereby repealed. SECTION VIII - If any section or portion ofa 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 IX - This Ordinance shall become effective immediately upon its passage. DONE AND ORDERED THIS 10th of February, 1997, in Chambers at Winter Springs, Florida. PAUL P. PARTYKA, MAYOR ATTEST: Margo M. Hopkins CITY CLERK First Reading January 13, 1997 Second Reading and Public Hearing February 10, 1997 Posted January 14, 1997 (6) THIS INSTRUMENT WAS PREPARED BY; Don LeBlanc, Land Development Coordinator City of Winter Springs, Florida 1126 East SR 434 Winter Springs, Florida 32708 (7) APPENDIX 'B' Winter Springs City Transportation Impact Fee with $936,827/lane mile Calculations based on LOS D Column ITE CODE LAND USE TYPE INDUSTRIAL 110 General Light Industrial 130 Industrial Park 150 Warehousing 151 Mini-Warehouse RESIDENTIAL 210 Single-Family Detached Housing 220 Low-Rise Apartment 230 Low-Rise Residential Condo 240 Mobile Home Park 252 Congregate Care Facility LODGING 320 Motel RECREATIONAL 430 Golf Course 444 Movie Theatre w/Matinee 492 Racquet club 494 Bowling Alley INSTITUTIONAL 560 Church 566 Day Care Center 591 Lodge/Fraternal Organization MEDICAL 610 Hospital 620 Nursing Home 630 Clinic OFFICE 710 General Office Building 720 Medical-Dental Office Building 750 Office Park 770 Business Park COMMERCIAL 812 Buiding Materials & Lumber Store 814 Specialty Retail Center 815 Discount Store 816 Hardware/Paint Store 817 Nursery(Garden Center) 820 Retail 831 Quality Restaurant 832 High-Turnover Sit-down Restaurant 833 Fast Food Restaurant w/o Drive-Thru 834 Fast Food Restaurant w.Drive thru 840 Auto Care Center 845/846 Service Stations w/Convenience Market (w/or w/o Car Wash) 847 Self Service Car Wash 848 Tire Store 851 Convenience Market (open 24 hrs.) (w/o Gasoline Pumps) 853 Convenience Market w/Gasoline Pumps (w/ or w/o Car Wash) 890 Furniture Store SERVICES 911 Walk-In Bank 912 Drive-in Bank Group Mid Range, Units, GBA/GLA, Daily Trip Rate, Total Daily Trips, One of Two Trip Per Center of New Trips, Daily Distrib. Factor, New Daily Trips Attributable to Site TIPTON ASSOCIATES INCORPORATED ImL Winter Springs city Transportation Impact Fee with $936,827/lane mile Calculations based on LOS O Column ITE CODE LAND USE TYPE INDUSTRIAL 110 General Light Industrial 130 Industrial Park 150 Warehousing 151 Mini-Warehouse RESIDENTIAL 210 Single-Family Detached Housing 220 Low-Rise Apartment 230 Low-Rise Residential Condo 240 Mobile Home Park 252 Congregate Care Facility LODGING 320 Motel RECREATIONAL 430 Golf Course 444 Movie theatre w/Matinee 492 Racquet Club 494 Bowling Alley INSTITUTIONAL 560 Church 566 Day Care Center 591 Lodge/Fraternal organization MEDICAL 610 Hospital 620 Nursing Home 630 Clinic OFFICE 710 General office Building 720 Medical-Dental Office Building 750 office Park 770 Business Park COMMERCIAL 812 Building Materials & Lumber Store 814 Specialty Retail Center 815 Discount Store 816 Hardware/paint Store 817 Nursery (Garden Center) 820 Retail 831 Quality Restaurant 832 High-Turnover Sit-down Restaurant 833 Fast Food Restaurant w/o Drive-thru 834 Fast Food Restaurant w/Drive Thru 840 Auto Care Center 845/846 Service Station w/Convenience Market (w/or w/o Car Wash) 847 Self Service Car Wash 848 Tire Store 851 Convenience Market (open 24 hrs.) (w/o Gasoline Pumps) 853 Convenience Market w. Gasoline Pumps 850 Furniture Store SERVICES 911 Walk-In Bank 912 Drive-In Bank Average Trip Length, # Vehicle miles on the City Street System, New Daily Vehicle Miles on the city Street System, LOS O Per Lane Capacity, New City Street System Lane Miles, Current Cost Per Lane Mile, Total Cost/Site TIPTON ASSOCIATES INCORPORATED The Orlando Sentinel Court, NOTICE OF PUSUC HEARING CITY OF WINTER SPRINGS FLORIDA . N()tice is hereby given by the City Commission Of.theC'rtv of Wl,nter Springs, Florida, that Psaid, Commission will hold i u~hc Hearing on an 0 ' entitled as follOws: ORDINANCE AN ORDINANC CITY OF TER SPRI"* FLOR A DE- LETINl!r"OROINANCE NO 589; AMENDING CHAPTER 9, LAND DEVELOPMENT ARTICLE VII, IMPACT FEES OMS/ON 2. TRANSPORTA- TION FACILITIES' SEC- TIONS 9-386.07, i386 08 .9-386.16 AND APPENDIX 'B', PROVIDING FOR SEV- ERABILITY..... CONFLICTS AND Er:FE"IIVE DATE. : this PublIC Hearing will be held et 7:30 p.m. on MOnday Febru- ary 10, 1997 or as soon'thereaf- ter as possible in the Commis- sion Chambers, City Hall 1126 ~2~' 434, Winter Springs, FL Copi....9t ... nance' . of'" I t" Published Daily ~96.60 ~tate of jflortba } S.S. COUNTY OF ORANGE Before t~~M:s~ne~ personally appeared . , who on oath say's that he/she is the Legal Advertising Representative of The Orlando Sentinel, a dally newspaper published at CASSElBE~~Y in ~INOlE County, Florida; that"the attached copy of advertisement, being a NnT T (f' OF p1J9l T ( in the matter of OR>> NO- l;, ~~ in the SEMINOl,.E was pubTisheain said newspaper in the issue; of OJ-I =10191 Affiant further says that the said Orlando Sentinel is a newspaper published at C ~~~~.~E~RY , in said County, Florida, and that the said newspaper has heretofore been continuously published in said~:INOlE County, Florida, each WeeK Day and has been entered as second-class mail matter at the post office in CASSELBERRY in said ~EMl"OlE County, Florida, for a period of one year next prece the first pub' ation of the attached copy of advertisement; and affiant f /she has neither paid nor promised any person, firm y d' ount, ebate, commission or refund for the purp is r' ent for publication in the said newspaper. ~ (SEAL) : rtIiJpIIllt1,lO ......, ... ~ ~ dltl8bliti~ heed- Ing assistance to partlGipt\te in any 01 these proceedings shOuld contact the Employee Relations Departmenl ADA Co- ordinator 48 hours in edvahce ~:J;.e meeting at (407),327- Persons are advised Ihal If they decide 10 appeal any decisions made at theSe meeting, they wiU need a record 01 the proceed- Ings and lor such purpose they I)'llIY need to insure that a verba- ti{ll record of \he proceedings is made which record includeS \he lestimony and evidence upon whic.h the 8j)peaHs based per SllCIiOn 286.0t 05 F,S, ' ~39~ this 24th day of January, ~~~ Winter Springs, Is! Margo M. Hopkins ~,a~l:' Hopkins, C~134481L__"IAN.30, 1997 The foregoi,ng instrument was acknowledged before me this January ,19~, by SHERI L. MI who is personally known to me and .' id take a oat . 01-' --"""""'~~~>"'~'.~--".~'-"" <."-'" .--.'"'.-..-.-.......-.' ..--.- ~....-,..~,,--,-"'._.~'- ._."....,.,._.""""""'-"'"'_.~"'-_..._....~""- ..,~~~~~.,.",---.. ..,--~