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HomeMy WebLinkAboutOrdinance 2003-38 Building Impact Fee ORDINANCE NO. 2003-38 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 ESTABLISHING A PUBLIC BUILDING IMPACT FEE; 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 other 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 Commission has commissioned an impact fee study and has retained Land Design Innovations, Inc. ("LDI") to complete the study and prepare a report on the feasibility of creating an impact fee to assist the City in paying the costs incurred maintaining adequate administrative public buildings which are required to service the needs ofthe public and the residential and commercial citizens of the City of Winter Springs; and WHEREAS, LDI has issued to the City an impact fee report entitled, "City of Winter Springs Public Buildings Impact Fee Analysis Report," dated August 2003 ("Report"); and WHEREAS, the City Commission hereby finds that the Report legally justifies the imposition of public building impact fees pursuant to applicable law. See, e.g., Volusia County v. Aberdeen at Ormond Beach, 760 So. 2d 126 (Fla. 2000); Contractors and Builders Association of PineUas County v. City of Dunedin, 329 So. 2d 314 (Fla. 1976); Wald v. Metropolitan Dade County, 338 So. 2d 863 (Fla. 3d DCA 1976); Hollywood, Inc. v. Broward County, 431 So. 2d 606 (Fla. 4th DCA 1983); and WHEREAS, the City Commission 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 City of Winter Springs Ordinance No. 2003-38 Page 1 of 6 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, 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 oftext 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): ARTICLE VIII. IMPACT FEES * * * DIVISION 3. POLICE, FIRE, PUBLIC BillLDINGS AND PARKS AND RECREATION Sec. 9-391. Generally. The city commission hereby establishes police, fire, public buildings and parks and recreation impact fees under the requirements ofthis division. The City Commission finds that the Florida Growth Management Act mandates that local government plan comprehensively for future growth and that this division is consistent with that mandate. In addition, Section 163.3202(3), Florida Statutes, encourages the use of innovative land development regulations which includes the adoption of "impact fees." Further, 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. This division is enacted pursuant to the Florida Municipal Home Rule Powers Act, 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. City of Winter Springs Ordinance No. 2003-38 Page 2 of 6 Sec. 9-391.1. Levy and purpose. For the purpose of helping to defray the cost of new or expanded police, fire, public building and parks and recreation facilities and equipment attributable to new construction within the city limits, impact fees are hereby levied on new construction within the city limits in accordance with the provisions of section 9-391.5, payment of fees, and other provisions of this division. This division is intended to be consistent with the principles for allocating a fair share of the cost of new public facilities to new users as established by the Florida Supreme Court. In support of, and as legal justification for, the impact fees adopted under this division, the city commission hereby adopts by reference the reports prepared by Land Design Innovations, Inc. entitled, "City of Winter Springs Impact Fee Analysis Report for Police, FirelRescue and Parks & Recreation," dated November 2002 and "City of Winter Springs Public Buildings Impact Fee Analysis Report." dated August 2003. Sec. 9-391.2. Defmitions. Unless otherwise specified herein, the definitions, classifications and uses shall be as set forth in the City of Winter Springs Land Development Code. * * * (f) Public Buildings capital improvements: The land. buildings. facilities. vehicles and equipment necessary for the general administrative services division of the city to provide general administrative services to the citizens of Winter Springs. (fg) Residential: Includes single-family dwellings, multifamily dwelling units, mobile homes, accessory dwelling units, accessory residential structures. * * * Sec. 9-391.5. Payment of fees. * * * (c) Amount of fee. The following impact fees are hereby adopted: * * * City of Winter Springs Ordinance No. 2003-38 Page 3 of 6 (5) Public Buildings: (i) Residential: $100.00 per dwelling unit. (ii) Non-residential: $231.35 per 1000 square feet. *Fee includes credit which new development will incur to retire the 1984 Improvements Revenue Bond (as refunded from time to time) which was used to fInance the construction of City Hall. At the time of establishing this Public Building Impact Fee, this bond was the onlv outstanding bond which was used to fund past construction of City administrative service public buildings, * * * Sec. 9-391.7. 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 and a capital expansion trust fund is hereby created for each impact fee category created under this division as follows: * * * (4) Public Buildings Capital Expansion Trust Fund. * * * Sec. 9-391.8. Capital expansion plans. The city's police, fire and parks and recreation department~, which is are to receive funds collected pursuant to this impact fee division, shall prepare and maintain a capital expansion plan for their respective individual funds which shall be for a period of no less than one (1) year. Each department's plan shall be reviewed and approved by the city commission at least annually during the budget review process. The city manager or the city manager's designee shall be responsible for the capital expansion plan for the public buildings capital expansion trust fund. * * * Sec. 9-391.10. Vested rights. (a) A developer or successor in interest ofland which has received a building 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 upon the following criteria: City of Winter Springs Ordinance No. 2003-38 Page 4 of 6 (1) There exists a valid, unexpired government act authorizing a 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; (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; (4) Common law principles of equitable estoppel and vested rights set forth in case law. (b) For the purpose of this section, 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: (1) 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; (2) With respect to the relevant impact fee, Wwhether the expense or obligations were made or incurred subsequent to November 1, 2002, after which day the adoption of the police, fire, and parks and recreation impact fees required by this division was pending, or August 1.2003, after which day the adoption of the public buildings impact fee required by this division was pending; and (3) Whether the operation of this division would create an inordinate burden which would prevent petitioner from making a reasonable return on his investment. (c) The city shall not permit the extension of a building permit beyond the initial time for activation without the applicant complying with this division. (d) If a previously approved development order or other binding agreement contained conditions regarding impact fees required by this division and their designated uses, or contributions to the capital asset inventory of the respective departments, the developer or his successor may request a modification of such prior approvals in order to bring the approval conditions into consistency with the requirements of this division. * * * 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. City of Winter Springs Ordinance No, 2003-38 Page 5 of 6 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. 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. ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular meeting assembled on the 10th day of November ,2003. ATTEST CITY OF WINTER SPRINGS, FLORIDA ANDREA LORENZO-LUACES JOHN F. BUSH CITY CLERK MAYOR Approved as to legal form and suggiciency for the City of Winter Springs only: ANTHONY A. GARGANESE City Attorney First Reading October 27, 2003 Posted October 28, 2003 Second Reading and Public Hearing November 10, 2003 F:\Docs\City of Winter Springs\Ordinances\Impact Fee\Impact_Fee_PubUc_ Building,wpd City of Winter Springs Ordinance No, 2003-38 Page 6 of 6 Orlando Sentinel Published Daily Orlando Sentinel Published Daily State of Florida } S.S. COUNTY OF ORANGE Before the undersigned authority personally appeared DEBORAH M. TONEY , who on oath says that he/she is the Legal Advertising Representative of Orlando Sentinel, a dally newspaper published at ALTAMONTE SPRINGS in SEMINOLE County, Florida; that the attached copy of advertisement being a NOTICE is hereby in the matter of ORDS:2003-39 and 2003-38 in the SEMINOLE Court was published in said newspaper in the issue; of 10/30/03 Affiant further says that the said Orlando Sentinel is a newspaper published at ALTAMONTE SPRINGS in said SEMINOLE County, Florida, and that the said newspaper has heretofore been continuously published in said SEMINOLE County, Florida, each week Day and has been entered as second-class mail matter at the post office in ALTAMONTE SPRINGS in said SEMINOLE 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 of securing this advertisement for publication in the said newspaper. The foregoing instrument was acknowledged before me this 30 day of Oct. , 2003, by DEBORAH M. TONEY who is personally known to me and did take an oath. (SEAL) Beverly C. Simmons NOTICE IS HEREBY GIVEN THAT THE CITY OF WINTER SPRINGS PROPOSES TO ADOPT THE FOLLOWING ORDI. NANCES TO THE WINTER SPRINGS CODE OF ORDINANCES: Notice of Amendment of Section 9.281. Dumpster Enclosure Screening ORDINANCE NO. 2003-39 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA, AMENDING CITY CODE SECTION 9.281, MINIMUM SCREENING REQUIRE- MENTS FOR DUMPS- TERS, TO GRANDFA-. THER EXISTING DUMPSTERS ENCLOSED BY WALLS THAT DO NOT SATISFY THE SIX-FOOT HEIGHT REQUIREMENT SET FORTH IN SECTION 9-281 (1); PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDI- NANCES AND RESOLU- TIONS; INCORPORATION INTO THE CODE, SEVER- ABILITY, AND AN EF- FECTIVE DATE. Notice Establishing a Public Build. ing Inpact Fee ORDINANCE NO. 2003-38 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA, AMENDING THE CODE OF ORDINANCES CHAP- TER 9, ARTICLE VIII, IM- PACT FEES, BY ESTAB- LISHING A PUBliC BUILDING IMPACT FEE; PROVIDING FOR THE RE- PEAL OF PRIOR INCON- SISTENT ORDINANCES AND RESOLUTIONS; IN- CORPORATION INTO THE CODE, SEVERABILITY, AND AN EFFECTIVE DATE. PUBLIC HEARINGS FOR THE 2ND AND FINAL READING ON THE PROPOSED OR- DINANCES WILL BE HELD ON MONDAY. NOVEMBER 10, 2003 AT 6:30 P.M. OR SOON THEREAF. TER, IN THE COMMISSION CHAMBERS LOCATED AT THE WINTER SPRINGS CITY HALL 1126 EAST STATE ROAD 434; WIN. TER SPRINGS, FLORIDA Interested parties are ad- vised that they may appear at the meeting and be heard with respect to the proposed ordinances, The proposed ordinances may be inspect- ed by interested parties be- tween 8 a.m, and 5 p.m., Monday through Fridoy, at the City's Clerk's Office, lo- cated at 1126 East State Road 434, Winter Springs, Florida, For more informa- tion call (407) 327-1800 #227, Persons with disabilities needing assistance to parti-, cipate in any of these pro- ceedings should contact the Employee Relations Depart. ment Coordinator, 48 hours in advance of the meeting at (407) 327-1800, Extension 236. This Is a public hearing. If you decide to appeal any recommendati on/decis ion made by the City Commis- sion with respect to any matter considered at this meeting, you will need a re- cord of the proceedings, and for such purposes, you mav need to ensure that a verba- tim record of the proceed- ings is made upon which the appeal is based, CSE532lJ1L _.. 9~L3Q,,2QQ~