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HomeMy WebLinkAbout2009 10 12 Regular 603 Request To Adopt Resolution Number 2009-54 Which Revises The Building Permit Fee Schedule For New ConstructionITEM 603 October 12. 2009 Meeting APPLICABLE REGULATIONS: CITY COMMISSION AGENDA Consent Information Public Hearing Regular MGR. Yy X /Dept. REQUEST: The Community Development Department/Building Division requests the City Commission adopt Resolution 2009 -54, which revises the Building Permit Fee schedule for new construction. PURPOSE: The purpose of this agenda item is to recommend approval of Resolution 2009 -54 which revises certain portions of Section V of Resolution 2001 -45. This revision updates the Building Permit fees to provide an economic development incentive for construction, pursuant to Commission directive. Florida Municipal Home Rule Powers Act Florida Statute 166.201. Taxes and charges A municipality may raise, by taxation and licenses authorized by the constitution or general law, or by user charges or fees authorized by ordinance, amounts of money which are deemed necessary for the conduct of municipal government and may enforce their receipt and collection in a manner prescribed by ordinance not inconsistent with law. CHRONOLOGY: December 10, 2001— Adoption of Resolution 2001 -45 amending and revising the City's fee schedule August 8, 2005 City Commission adopted Resolution 2005 -29 amending and revising the Schedule of Fees for Building Permits. September 28, 2009 City Commission reviewed Community Development economic development incentive recommendations and directed staff to bring forth a fee resolution changing the building permit fee from $17 per $1,000 valuation to $12 per $1,000 valuation. CONSIDERATIONS: Since the adoption of Resolution 2001 -45 in December 2001 until 2005, the cost of building construction experienced tremendous increases brought about by costs of materials, labor, and market October 12, 2009 Regular Item 603 Page 2 demand. These cost increases were not reflected in the City's Building Valuation Data or Permit Fee Multiplier. In addition, the building codes continually placed higher requirements for inspections on the City's Building Division. The number of inspections required for a single- family home had increased by 60 percent since the City's then current valuation data was published. The number of inspections for a townhouse (then the City's most prevalent type of residential construction) had increased by 129 In addition, when the then current valuation data was published, most of the construction in the City was single family type housing. In 2005, the Building Department was required to inspect not only townhouses but buildings with mixed -use occupancies, structures which were taller and required additional coordination of threshold inspections, and developments that were arranged with higher densities that required a substantial increase in review and inspection time for separation requirements, rated assemblies, and partial inspections on a single assembly. The result was that the building permit fees were increased on August 8, 2005, from $12 per to $17 per $1,000 of valuation with adoption of Resolution 2005 -29. In response to the current difficult economic climate, the City Commission and staff have been considering incentives to promote appropriate new development and redevelopment. At the September 28, 2009 Commission meeting, the Commission directed staff to bring a fee resolution forward, reducing the building permit fee from the current $17 per $1,000 valuation back to $12 per $1,000 valuation. The Commission further directed staff to provide updates every six (6) months on the effectiveness of the fee reduction. FINDINGS: 1. The City is granted the authority, under Section 2 (b), Article VIII of the State Constitution, to exercise any power for municipal purposes, except when expressly prohibited by law. 2. Resolution 2005 -29 increased certain building permit fees originally adopted by Resolution 2001 -45. 3. The Commission and staff recognize the current economic situation and have been considering innovative permitting strategies and economic incentives, to promote appropriate development and redevelopment. 4. The Commission directed staff to bring a resolution with the fee modification for consideration and adoption. RECOMMENDATION: Staff recommends that the City Commission amend and revise its Building Permit fees by adopting Resolution 2009 -54. ATTACHMENTS: A. Resolution 2005 -29 B. Resolution 2009 -54 CITY COMMISSION ACTION: ATTACHMENT A RESOLUTION NO. 2005-29 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA, AMENDING SECTION V. OF RESOLUTION 2001 -45 TO REVISE THE SOURCE FOR BUILDING VALUATION DATA AND INCORPORATING THE PERMIT MULTIPLIER METHODOLOGY AS SPECIFIED BY THE INTERNATIONAL CODE COUNCIL; PROVIDING FOR CONFLICT; PROVIDING FOR REPEAL OF PRIOR INCONSISTENT RESOLUTIONS OR PORTIONS THEREOF; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Winter Springs has the authority to amend and repeal resolutions; and WHEREAS, a municipality may raise, by taxation and licenses authorized by the constitution or general law, or by user charges or fees authorized by ordinance, amounts of money which are deemed necessary for the conduct of municipal government and may enforce their receipt and collection in a manner prescribed by ordinance not inconsistent with law. See Florida Statute 166.201; and, WHEREAS, the City Commission deems it is in the best interests of the City to amend the Building Permit Fee schedule to update the construction valuation data and to amend the Permit Fee Multiplier to current rates in accordance with the International Code Council recommendations; and WHEREAS, the current methodology utilized by the City for construction valuation and permit fee multiplier are outdated and are no longer being updated by the issuing agency; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, SEMINOLE COUNTY, FLORIDA, AS FOLLOWS: Section 1. Building Permit Fees. Section V of Resolution 2001 -45 is hereby amended to read as follows: Building Permit (for each $1,000 valuation or portion thereof) -12 17 Minimum Fee 45 (Valuation of construction is determined by the most recent Building Valuation Data as published by the International Code Council and the Permit Fee Multiplier is determined in October of each year utilizing the most recent methodologv as specified by the International Code Council.) The plan review fee for mechanical. plumbing and electrical reviews associated with new construction is computed at twentv -five (25 %1 percent of the building plan review fee for each discipline ($250 minimum) The plan review fee for accessibility and enerev reviews associated with new construction is also computed at twentv -five (25 %1 percent of the building plan review fee for each discipline ($250 minimum). The Sprinkler Review fee is simply based on the number of sprinkler heads: 1 -100. $275. 101- 200. $325. 201 -300. $350. 301 -400. $375. 401 -500. $425. over 500. $500 plus $0.33 per sprinkler over 500. For hydraulically desiened system. multiply the fee by two. (All other fees stated in Section V of Resolution 2001 -45 shall remain in full force and effect) Section 2. Repeal of Prior Inconsistent Resolutions. All prior Resolutions or parts of Resolutions in conflict herewith are hereby repealed to the extent of the conflict. Section 3. Severability. If any section, subsection, sentence, clause, phrase, word, or portion of this resolution is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion hereto. Section 4. Effective Date. This Resolution shall become effective immediately upon adoption by the City Commission of the City of Winter Springs, Florida. RESOLVED by the City Commission of the City of Winter Springs, Florida, in a regular meeting assembled on the 8th day of August, 2005. AT E,S'{ J l� LORENZO- LURES, City Clerk ANTHONY A. GARGANESE, City Attorney APPROVED AS TO LEGAL FORM AND SUFFICIENTCY FOR THE QI`fi OF WINTER SPRINGS ONLY (34,‘") F. BUSH, Mayor ATTACHMENT B RESOLUTION NO. 2009-54 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, SEMINOLE COUNTY, FLORIDA, REPEALING RESOLUTION 2005 -29; AMENDING RESOLUTION 2001 -45 REGARDING BUILDING PERMIT FEES; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT RESOLUTIONS, 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, Resolution 2005 -29 increased certain building permit fees originally adopted by Resolution 2001 -45; and WHEREAS, in furtherance of the City' s phase I economic development incentives approved by the City Commission on September 28, 2009, the City Commission desires to repeal Resolution 2005 -29 in its entirety and lower certain building permit fees; and WHEREAS, City Commission deems that this Resolution is in the best interests of the public health, safety, and welfare of the citizens of Winter Springs. NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, SEMINOLE COUNTY, FLORIDA, THAT: Section 1. Incorporation of Recitals. The foregoing recitals are deemed true and correct and are hereby fully incorporated herein by reference. Section 2. Repeal of Resolution 2005 -29. The City Commission hereby repeals Resolution 2005 -29 in its entirety. Section 3. Amendment of Building Permit Fees. The building permit fees established in Section V, Building Permit Fees, of Resolution 2001 -45 are hereby amended as set forth in this section. Underlined type indicates an addition to and attiiwthttn► type indicates a deletion from the language set forth in Section V of Resolution 2001 -45. Section V. Building Permit Fees Building Permit (for each $1,000 valuation or portion thereof) 12 Minimum Fee 45 City of Winter Springs Resolution No. 2009 -54 Page 1 of 2 1 (Valuation of construction is determined by the most recent Building Valuation Data as published bv the International Code Council and the Permit Fee Multiplier is determined in October of each year utilizing the most recent methodology as specified bv the International Code Council.) The elan review fee for mechanical. plumbing and electrical reviews associated with new construction is computed at twentv -five percent (25 %1 of the total permit fee for each discipline. Section 4. Periodic Review. Unless otherwise directed by the City Commission, the Community Development Director shall schedule a review of the fees set forth herein by the City Commission at least every six (6) months. Section 5. Severabilitv. If any section, subsection, sentence, clause, phrase, word, or portion of this Resolution is for any reason held invalid or unconstitutional by a court of competent jurisdiction, whether for substantive or procedural reasons, 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 Resolution. Section 6. Reveal of Prior Inconsistent Resolutions. All prior resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of the conflict. Section 7. Effective Date. This Resolution shall become effective immediately upon its adoption by the City Commission of the City of Winter Springs, Florida. ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular meeting assembled on this 12th day of October, 2009. ATTEST: ANDREA LORENZO LUACES, City Clerk Approved as to legal form and sufficiency for the City of Winter Springs only: ANTHONY A. GARGANESE, City Attorney City of Winter Springs Resolution No. 2009 -54 Page 2 of 2 JOHN F. BUSH, Mayor RESOLUTION NO. 2009-54 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, SEMINOLE COUNTY, FLORIDA, REPEALING RESOLUTION 2005 -29; AMENDING RESOLUTION 2001 -45 REGARDING BUILDING PERMIT FEES; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT RESOLUTIONS, 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, Resolution 2005 -29 increased certain building permit fees originally adopted by Resolution 2001 -45; and WHEREAS, in furtherance of the City's phase I economic development incentives approved by the City Commission on September 28, 2009, the City Commission desires to repeal Resolution 2005 -29 in its entirety and lower certain building permit fees; and WHEREAS, City Commission deems that this Resolution is in the best interests of the public health, safety, and welfare of the citizens of Winter Springs. NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, SEMINOLE COUNTY, FLORIDA, THAT: Section 1. Incorporation of Recitals. The foregoing recitals are deemed true and correct and are hereby fully incorporated herein by reference. Section 2. Repeal of Resolution 2005 -29. The City Commission hereby repeals Resolution 2005 -29 in its entirety. Section 3. Amendment of Building Permit Fees. The building permit fees established in Section V, Building Permit Fees, of Resolution 2001 -45 are hereby amended as set forth in this section. Underlined type indicates an addition to and strikethrtrugh type indicates a deletion from the language set forth in Section V of Resolution 2001 -45. Section V. Building Permit Fees Building Permit (for each $1,000 valuation or portion thereof) 12 Minimum Fee 45 City of Winter Springs Resolution No. 2009 -54 Page I of 2 (Valuation of construction is determined by the most recent Building Valuation Data as published by the International Code Council and the Permit Fee Multiplier is determined in October of each year utilizing the most recent methodology as specified by the International Code Council.) The plan review fee for mechanical, plumbing and electrical reviews associated with new construction is computed at twenty -five percent (25 of the total permit fee for each discipline. Section 4. Periodic Review. Unless otherwise directed by the City Commission, the Community Development Director shall schedule a review of the fees set forth herein by the City Commission at least every six (6) months. Section 5. Severability. If any section, subsection, sentence, clause, phrase, word, or portion of this Resolution is for any reason held invalid or unconstitutional by a court of competent jurisdiction, whether for substantive or procedural reasons, 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 Resolution. Section 6. Repeal of Prior Inconsistent Resolutions. All prior resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of the conflict. Section 7. Effective Date. This Resolution shall become effective immediately upon its adoption by the City Commission of the City of Winter Springs, Florida. ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular meeting assembled on this 12th day of October, 20Q9: /v JOHN F. BUSH, Mayor ATTEq ti• A A LORENZO- LUACES, City Clerk Approved as to legal form and sufficiency for the Cit i Winter Springs only: I►. ANTHO A. GARGANESE, City Attorney City of Winter Springs Resolution No. 2009 -54 Page 2 of 2