HomeMy WebLinkAboutOrdinance 2009-12 Impact Fee Credit Schedule ORDINANCE NO. 2009 -12
A ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF WINTER SPRINGS, FLORIDA, AMENDING CHAPTER 9,
ARTICLE VIII, IMPACT FEES, OF THE CODE, BY
UPDATING THE IMPACT FEE CREDIT SCHEDULE FOR
POLICE, FIRE, PARKS AND RECREATION, AND PUBLIC
BUILDINGS IMPACT FEES FOR THE YEARS 2008
THROUGH 2013; 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
WHEREAS, the City Commission has previously found and determined it to be in the best
interest of the health, safety 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 directed Land Design Innovations, Inc. "LDI to study
the current impact fee revenues and compare said revenue to the capital needs, and to update the
credit schedule for police, fire, and public buildings s for future years; and
WHEREAS, the City Commission has previously determined that the impact fee credit
schedule is necessary to account for bond proceeds, received from bond issuances in 1999 and 2003,
which were expended for capital improvements related to police, fire, and public buildings; and
WHEREAS, LDI completed the aforementioned study and reported to the City Commission,
that the current iinpact fee rates for Police, Fire, Parks and recreation, and Public Buildings are
sufficient to cover the capital needs of the City and that no adjustment in the impact fee rates are
necessary; and
WHEREAS, LDI, however, has recommended that the impact fee credit schedule be
amended in accordance with the current impact fee ordinance because adjustments are required to
account for the ongoing repayment of the aforementioned bonds; and
WHEREAS, the City Commission adopted said findings at its regular Commission meeting
City of Winter Springs
Ordinance No. 2009 -12
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held on October 13, 2008; 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 Chapter 9 is hereby
amended as follows (underlined type indicates additions and strikecrut type indicates deletions, while
asterisks indicate a deletion from the Ordinance of text existing in Chapter 9. It is intended
that the text in Chapter 9 denoted by the asterisks and set forth in this Ordinance shall remain
unchanged from the language existing prior to adoption of this ordinance):
CHAPTER 9 LAND DEVELOPMENT
ARTICLE VIII. IMPACT FEES
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, Fire/Rescue and Parks Recreation," dated November 2002
and "City of Winter Springs Public Buildings Impact Fee Analysis Report," dated August 20037, as
amended by Impact Fee Analysis Report for Fire, Police, Public Building Parks and Recreation
August 2008, prepared by Land Design Innovations, Inc.
City of Winter Springs
Ordinance No. 2009-12
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Sec. 9- 391.5. Payment of fees.
(c) Amount of fee. The following impact fees are hereby adopted:
(1) Fire:
(ii) Non residential: $1.300 per square foot.
However, for non residential development a credit shall be deducted from the
calculated base fire impact fee to offset payments which new development will incur
(in the form of personal service taxes and franchise fees) to retire outstanding City
of Winter Springs bonds which were used to finance past fire capital improvements
as follows:
Impact Fee Payment Year Total Credit Due
2 2008 41.00 $41.90
2004 2009 39.87 $39.94
2 2010 38.64 $37.83
2006 2011 37.34 $35.94
2007 2012 33794 $35.57
2013 $30.58
(2) Police:
(ii) Non residential: $0.492 per square foot.
However, a credit shall be deducted from the calculated base police impact fee to
City of Winter Springs
Ordinance No. 2009 -12
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offset payments which new development will incur (in the form of personal service
taxes and franchise fees) to retire outstanding City of Winter Springs bonds which
were used to finance past police capital improvements as follows:
Impact Fee Payment Year Total Credit Due
2003 2008 $176.08 $190.69
2004- 2009 1 69.77 $178.61
2005 2010 163.02 $165.68
2006 2011 155.79 $151.85
2007 2012 148.05 $137.05
2013 $121.21
(3) Parks and recreation:
(i) Residential:
Impact Fee Payment Year Impact Fee Due
2002 2008 $914.53 $1,200.00
2004 2009 928.66 $1,200.00
2005 2010 1,200.00
2066 2011 1,200.00
2007 2012 1,200.00
2013 1,200.00
Note: Fee includes credit which new development will incur to retire outstanding bonds
which were used to finance past parks and recreation capital improvements and to retire the
Winter Springs General Obligation Bond, Series 2002.
(ii) Non residential: None
City of Winter Springs
Ordinance No. 2009 -12
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(4) Fire, police and public building credits have been determined through 2007 2013. A
reassessment of the impact fees and credits shall be provided prior to 2007 2013 and codified
in the City Code.
(5) Public buildings:
(i) Residential: $400.00 per dwelling unit.
(ii) Non residential: 925.00 per 1,000 square feet.
However, a credit shall be deducted from the calculated base public building impact fee to
offset payments which new development will incur (in the form ofpersonal service taxes and
franchise fees) to retire outstanding City of Winter Springs bonds which were used to finance
ast ublic buildin ca. ital im. rovements as follows:
Impact Fee Payment Year Total Credit Due
2008 $179.53
2009 $175.87
2010 $171.95
2011 $167.76
2012 $163.27
2013 $158.47
Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior
inconsistent ordinances and resolutions adopted by the City Commission, or parts ofprior 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
City of Winter Springs
Ordinance No. 2009 -12
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meaning of this Ordinance and the City Code may be freely made.
Section 5. Severability. If any section, subsection, sentence, clause, phrase, word or
provision of this ordinance is for any reason held invalid or unconstitutional by any court of
competent jurisdiction, whether for substantive, procedural, or any other reason, such portion shall
be deemed a separate, distinct and independent provision, and such holding shall not affect the
validity of the remaining portions of this ordinance.
Section 6. Effective Date. This Ordinance shall become effective immediately upon
adoption by the City Commission of the City of Winter Springs, Florida, and pursuant to the City
Charter.
ADOPTED by the City Commission of the City of Winter Springs, lorid in a regular
meeting assembled on the day of July, 2009.
/410
i t F. BUSH, Mayor
ATTE, T:
410 AI '.3 A ORENZO LUACES
City 1\ rk
APPRO D AS TO LEGAL FORM AND SUFFICIENCY
FOR ITY OF WINTER SPRINGS ONLY.
ANTHONY A. GARGANESE
City Attorney
First Reading: July 13, 2009
Second Reading: July 27, 2009
Effective Date: See Section 6.
City of Winter Springs
Ordinance No. 2009 -12
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