HomeMy WebLinkAbout1999 03 08 Regular Item E
COMMISSION AGENDA
ITEM E
Consent
Informational
Public Hearin
Re ular X
March 8. 1999
Meeting
MGR ~EPT.
Authorization
REQUEST: City Manager requesting the City Commission to decide the
question of the City waiving or exempting private schools from impact fees.
PURPOSE: The purpose of this agenda item is to have the Commission decide
if it desires to waive impact fees for private schools.
CONSIDERATION:
The City currently collects police, fire, and transportation impact fees for
private schools.
St. Stephens Catholic Church desires the City to either waive impact fees,
or to be exempted from impact fees for its proposed school to be located on
church property.
Impact fees are not waivable under the City's Ordinance.
St. Stephens's points to recent action by Seminole County to exempt
private schools from impact fees.
The County bases this policy change upon the recently voter approved
Article 9 Section 1 of the constitution stating that the education of all children is a
fundamental value of the people of the State of Florida and that it is the
paramount duty of the State to make adequate provision for the education of all
children. The County goes on to conclude that since public schools are
exempted by the Statute from impact fees, private schools should also be
exempt. Additionally, the County argues that private schools help offset the cost
of public schools.
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We have surveyed other cities in the County relative to their policy on
impact fees for private and parochial schools. All indicated they charge
impact fees, provide no exemptions and have no plans to change at this
time.
The City Attorney and Staff do not agree with the County.
First, we don't believe the County's interpretation of the Constitutional
Amendment is necessarily correct or consistent with State law governing impact
fees.
Secondly, we do not agree that private schools will offset the cost of public
schools in Winter Springs. In fact, in Winter Springs private schools are likely to
increase traffic trip generation. Application of the County's theory in Winter
Springs would result in more traffic trip generation while reducing revenues for
road improvements.
Third, all students moving from public schools to private schools in the County,
will be County residents and the fiscal impact of the change will be absorbed by
all County residents. However, in a City like ours, not all students moving from
publiC schools to private schools will be residents of our City. New trips will be
generated in the City. City impact fee payers will be subsidizina students from
outside the City.
The City impact fee does not provide specifically for private schools. The nearest
category provided for in the ordinance is day care centers. The County has
historically used the office category.
Impact fees are estimated to be as follows for the school utilizing the day care
center category.
Transportation
Police
Fire
Total
$37,010.84
7,140.00
17,850.00
562.000.84
The City Ordinance provides than an applicant can have a traffic study done
justifying our alternate trip generation and cost.
FUNDING:
None
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RECOMMENDATION:
1. Until such time that the legislation might exempt private schools from
impact fees, it is recommended that the Commission not exempt
private schools from City impact fees.
2. It is recommended that the church have a traffic study performed by a
competent traffic consultant if they do not agree with the City's
application of the impact fee ordinance.
ATTACHMENTS:
City Attorney's opinion.
County Agenda Item and Ordinance.
Building Official Memo of 3/1/99
Building Official Memo of 3./3/99
COMMISSION ACTION:
Page 3
JAN 04 '99 11:25AM KRUPPENBACHER & ASSC
P.2/3
.
LAW OFFICES
FRANK KRUPPENBACHER
A Professional Association
Frank Ktuppenbacher
Robert D. Guthrie
P.O. BOl( 3471
Orlando, Florida 32802-3471
105 B. Robinson S1reet, suite 201
Orlando. Florida 32801-1622
Telephone (407) 246-0200
Facsimile (407) 426-7767
-Also Admille6 ~ Oq1orado
MEMORANDUM
nOM:
R.onald W. McLemore. City Manager
City of Winter Springs n ( ./
Robert D. Guthrie, City Att"
December 11 t 1998
TO;
DAlE:
RE:
Impact Fees M ADplied to Private Schools
You provided me a copy of the materials from a private school operator concerning the
County treatment of private schools under the County fee impact ordinance. Frankly, the material
surprised me. The materials appeared to indicate that the County was not charging impact fees to a
facility that caused impactS (transportatio~ public safety, fire, etc.). This is an issue because one
tenet of impact fee law is that the fees must be unifonnly applied to all. All property owners
constructing new improvements (that impact the system) are required to pay impact fees to cover
tbeir impact on public facilities. Exemptions undermine this concept ofunifonnity of fees from all
users impacting the system. State law may have exempted public schools from paying certain impact
fees, but I' am not aware of other exemptions imposed upon local governments.
Certainly, City ofWmter Springs regulations do not allow exemptions from impact fees. The
ordinance does allow an alternative calculation that shows that the Statutorily presumed impact fee
is less for a particular type of development. However, as you know, such an alternative impact fee
calculation requires some payment and requires that the alternate payment is justified based on a
professional study of the system impacted by the development. Therefore, it is my opinion, that the
City ofWmter Springs is without authority to grant an exemption from impact fees. This would
-violate the unifonnity requirement of impact fees under our ordinance and under the case law that is
utilized br local governments to justify the imposition of impact fees.
Please ~ if you have questions regarding this matter.
Lis Item No:
-4/
SEMINOLE COUNTY GOVERNMENT
AGENDA MEMORANDUM
SUBJECT: Imoact Fee Assessments on Schools I Water and sewer Connection Fees
DEPARTMENT: Planning & Develooment DIVISION: Administration
AUTHORIZED BY: F~~ CONTACT; Frances Chandler EXT. 7396
Agenda DatQ 1/12199 Regular 0 Consent 0 Work Session 0 Briefing X
Public Hearing - 1 :30 0 Public Hearing - 7:00 0
MonONIRECQMMENDATlON:
1. Authorization to advertise Ordinance to amend ~e Land Development Code of Seminole County relating
to the collection of Impact fees assessed to private and pubrcc schools and direct the Department Of
Fiscal Services to prepare an economic impact statement relating to the proposed Qrdinance..
And
2, Provide direction on actions to take relative to water and sewer connection fees.
BACKGROUND:
At the Board's November 10, 1998 meeting, staff was requested to evaluate the
possibility of exempting private schools from the payment of infrastructure and service
impact fees for which they are currently assessed, At this time those fees would include
road Impact fees, fire impact fees, and water and sewer connection fees. This agenda
item has been prepared with two parts to address the differing issues between: (1) road
and fire impact fees and (2) the water and sewer connection fees.
PART 1: ROAD AND FIRE IMPACT FEES
Staff has prepared the attached Ordinance that amends the Land Development Code to
Reviewed by: / L
Co Atty: Q..
DFS:
=C&:--
CM:
File No, lapdu02
exempt private and public schools from road and fire impact fees. The
primary basis cited for this exemption is that when children attend
private schools, the burden of the taxpaying public is relieved of the
costs and expenses relating to pUblic school construction and
maintenance, the payment of salaries and benefits, transportation
costs and other costs that would have otherwise resulted in public
expense.
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A private school is defined as an instructional organization, regardless of whether
.operated for profit or not for profit, which provides kindergarten classes, elementary
grades, secondary grades and special classes operated through grade 12 which is not
part of the "State System of Public Education" and Is designed to lead toward graduation'
from a high school.
Upon authorization by the Board to advertise this Ordinance, staff will schedule the
Ordinance to be heard before the Land Planning Agency for February 3, 1999 at 7~OO
p.m. and for public hearing before the Board of County Commissioners for February 23.
1999 at 1 :30 p.m. This type of amendment to the Land Development Code requires only
one public hearing before the BCC.
PART 2: WATER AND SEWER CONNECTION FEES
Water and sewer connection fees (or impact fees) are substantially different from the
other County imposed impact fees and are authorized under a different legal structure
and fonn. To adequately prepare alternatives for the Board, staff requires additional
direction. The following issues provide a context and framework for the Board's
deliberations and outline the areas in which staff seeks guidance in the preparation of
options for future action:
1. John Stokes, the County's Bond Counsel, has advised that he sees no bar to such an
exemption so long as other conditions of the Bonds are adhered to and that the
exemption is enacted by amendment to the County Water and Sewer Ordinance. He
will need to review the final proposal for compliance with bond covenants.
2. Any action taken by the Board relative to providing an exemption of fees would only
affect those private schools that build within the Count}ls water and sewer service
areas. This action would not affect private utility companies or municipalities.
Therefore, staff has El concern of a possible inequity of the County's utility customers
being disparately affected by this decision as opposed to the customers of other utmty
providers.
3. The County provides wholesale water and sewer capacity to private utilities and
municipalities and also receives whole~ale ~ervice. These aorp.p.ments stipulate that
connection fees will be collected by the respective entity regardless of the proposed
use. The County could propose amending the wholesale agreements, however, the
private utilities and municipalities who provide service may not wish to exempt schools
from connection fees. This could create disparities in terms of which schoolS would
receive the exemption, for If the County were assessed fees. the fees would be
passed on to the end user.
Attachments: Advertisement
Draft Ordinance
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RO'f:ra OF PROPOSED ORDDlARCS
NOTJ:CB is heX'eby given that tbe Board of County commissioners (BCC). of
Seminole County, Florida. intends to hold a public hearipg to consider the enactment
of an ordinance entitled:
AN ORDINANCE AMENDING THE LAND DEVELOPMENT CODE OF SEMINOLE
COUNTY RELATING TO THE COLLEcrION OF IMPACT FEES ASSESSED TO
PRIVATE SClIOOLS AND PUBLIC SCHOOLS; paOVIDING FOR
DEFINITIONS OF THE TERMS II PRIVATE SCHOOLS II AND II PUBLIC
SCHOOLS n TO BE ADDED TO CHAPTER 2 I LAND DEVELOPMENT CODE OF
SEMINOLE COUNTY; PROVIDING FOR LEGISLATIVE FINDINGS i
AMENDING SECTIONS 110.21 AND 120.31, LAND DEVELOPMENT CODE
OF SEMINOLE COUNTY; EXEMl?TING PRIVATE SCHOOLS .AND PUBLIC
SCHOOLS FROM THE FIRE AND RESCUE IMPACT FEES AND ROAD IMPACT
FEES i PROVIDING FOR CODIFICATION IN THE LAND DEVELOPMENT
CODE; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTXVE:
DATE.
at 1;30 p.m., or as soon thereafter as possible, at its regularly scheduled meet1ng
of February 23, 1999, at the Seminole county Services Building, 1101 Base First
Street, BCC Chambers, Sanford, Florida. The proposed ordinance may :be inspected by
the public at:: the office of the cle~k of the Board of county Commissioners, Room
2204. Seminole County services Building. Interested parties may appear ae the
meeti~ and be heard with respect to the proposed ordinance. Persons are advised
that, 1f they decide to appeal any decision made at this hearing, they will need a
record of the proceeding$, and, for sucb purpose, they may need to insure that a
verbatim record of the proceedings is made, which record includes the te$timony and
evidence upon which the appeal is to :be based. FO~ additiona~ information regarding
this notice and the proposed Ordinance contact Frances Chandler, Planning ~
Development Director. (407)665-7397.
PersOns with disabilities needing assistance to participate in any of these
proceedings should contact the Employee Relati.ons Deparement ADA Coordinator 48
hours in advance of the meeting at GSS-7941.
MARYANNE MORSE
Clerk to tbe Board of
County Commissioners of
Seminole County, Florida
By:
Deputy Clerk
Publish:
sunday, February 7, 1999
%nvOice to and Proof
of Puhl~ea~iQft ~Ol
037543004 ^ccount
Department of Planning " Developm.en.t
seminole Couney Services Building
1101 E. First Street
Sanford, Flo~ida 32771
Contact Person/phone Number: Frances Cnandler, (407)665-1397
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ORD~ NO. 99-_
SmaNOX,B COllNTY, PLORJDA
AN ORD:INANCB AMENDING ?:HE LAND DEVELOPMENT
CODE OF SEMINOLE COUNTY RELAT!NG TO THE
COLLECT%ON OF XMPACT FEES ASSESSED TO PRIv.A~
SCHOOLS AND PUDLXC SCHOOLS; PROVIDXNG FOR.
CEFJ:NI:T:tONS OF THa TERMS II PlUVATS SCHOOLS.
AND .PUBLIC SCHOOLSII TO BE ADDED TO CHAPTER
2 . LAND DEVE1.0PMP:NT CODE OF SEMI:NOLE COUN'l'Y;
PROVl:DING FOR LEGISLATIVE FINDINGS; AMENDING
SECTIONS 110.21 AND 120.31, LAND DEVELOPMENT
CODE OF SBMDlOLE COUNTY J EXEMPTING PR:tVATE
SCHOOLS AND Ptmt.XC SCHOOLS FROM THE FJ:R.B .AND
RESCUE IMPACT FEES AND ROAD n!PACT FEES;
PROVIDI:NG POR CODIFI:CATION I:N THE LAND
DEVELOPMENT CODE; PROVIDING FOR SEVERABILI:TY;
AND PROVIDING AN UPECTI:VE DATE.
WHEREASi the Seminole County Home Rule Charter requires that
an Economic Impact Statement be prepared to address the potential
fiscal impacts and economic costs of this Ordinance upon the
public and taxpayers of Seminole County and such Economic Impact
Statement has been prepared and has been made available for public
review and copying prior to the enactment of this Ordinance in
accordance with the proviSions of the Seminole County Home Rule
Charterj and
WHEREAS, the Seminole County comprehensive plan requires that
a property rights analysis be accomplished relative to any changes
in land development regulations and such analysis has been
accomplished; and
WHEREAS, the Board of County Commissioners of Seminole county
hereby finds that this Ordinance is consistent with the
objectives,
goals
and
policies
of
the
Seminole
County
Comprehensive Plan; and
WHEREAS,
Section 235.26 (l) (a) ,
Florida Statutes
(1998
Supplement.). provides that "public educational and ancillary
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planes constructed by a district school board...are exempt
from. . . county. . . impact fees or service availability fees II i and
WHEREAS, the recently voter approved Article IX, Section 1 of
the constitution of the State of Florida provides that N [t] he
education of children i6 a fundamental value of the people of the
State of Florida. It is, therefore, a paramount duty of the state
to make adequate provision for the education of all children
residing within its bordersll; and
WHEREAS, the above-referenced constitutional provision refers
to all children resident within the state of Florida regardless of
whether attending a public or private school while guaranteeing
each child the right to a free public education; and
WHEREAS, the development of private schools, both secular and
religious, has been a significant occurrence in terms of providing
educational alternatives to the citizens of Florida and Seminole
County; and
WHEREAS, when children attend private schools the burden upon
the taxpaying public is relieved to a significant extent inasmucn
as the parents of children attending private schools pay property
taxes and other taxes that are appropriated to the public school
system while also paying fees and tuition to enable their children
to attend private schools; and
WHEREAS, when parents of children attending private schools
pay fees and tuition to fund che operation of private schools they
relieve the taxpaying public of costs and expenses relating to
school construction and maintenance, the payment of salaries and
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benefits, transportation costs, security costs, and numerous other
expenses that would have othe~iee resulted in public expense; and
WHEREAS, it is in the public interest and serves a public
purpose to encourage the development of non-public educational
facilities by appropriate means such as treating private schools
in a manner comparable to public schools; and
WHEREAS, providing an exemption from impact fees for the
benefit of private schools furthers the constitutional goal of
adequately providing educational opportunities to all of the
children residing in Seminole County, serves a public purpose and
attains a public benefit,
NOW, THEREFORE. BE :I:T ORDAJ:NED BY THE nOARD OF coUNTi
COMMl:SSrONERS OF SEMl:NOLE COUNTY, P'LORXDAz
Section J..
Legi.slative Findings.
The recitals set forth
above are hereby adopted as legislative findings relative to the
enactment of this Ordinance and s~ll be codified.
Section 2.
Oafin:i.t:i.ons.
The following definitions are
hereby enacted and shall be incorporated into Chapter 2 of the
Land Development Code of Seminole County to read as follows:
Private Schools: An organization of pupils who are children
assembled for instructional purposes that are designed to lecld
toward graduation from a high school, regardless of whether
operated for profit or not for profitl which provides kindergarten
classes, elementary grades, secondary grades and special classes
operated through grade 12 which is not part of the "$tat.e System
of Public Education" as defined in Section 228" 041 (~), Florida
Statutes (1998 Supplement); pro~ided, however I that the term shall
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not include a "Home Education Program" a.s defined at Section
228.41(34), Florida Statutes (~998 supplement).
Public Schools: The definitions set forth at Section
228 . 04~ (~) (a), (d) and ee), Florida Statutes (1998 Supplement),
are hereby adopted into this Code.
Seotion 3. Amendment Re~ating To Fire And Rescue ~act Pees
Section 110.21. A subsection (a) (5) is added to Section 110.21,
Land Development Code of Seminole County, to read as follows:
Sec. 110.21 Exemptions.
(a) The following shall be exempted from payment of the
Impact Fees~
(1) Alterations or expansion of an existing Dwelling
Unit where nO additional dwelling units are created, or of an
existing Building when nQ add.it.iQn.~_l uS<il.ple square footage is
created and the use of the Building is not changed.
(2) The construction of Accessory Bui.ldings or Struc-
tures wliich will not create additional dwelling units or will not
increase the usable square footage space associated with the
principal building or of the land.
(3) 'the replacement of a Dwelling Unit or Building
with a new Dwelling Unit or Duilding of the oame Si2Q ~nd u~e and
which will not increase the square footage associated therewith.
(4) The construction of publicly owned buildings used
for governmental purposes.
(5) Any construction. alteration or exp~nsion of a.
~rivate school or public school.
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i
"
Seotion 4. kmendment Relating To Road ~adt Pees - Sedtion
120.31. A subsection (e) is added to Section ~20.31, Land
Development Code of Seminole County, to read as follows:
Sec. 120.31 Ex~tions.
The following shall be exempted from payment of the Road
Impact Fees:
(a) Alterations. expansion or replacement of an existing
Dwelling Unit which does not increase the number of families which
such Dwelling Unit is arranged, designed or intended to
accommodate for the purpose of providing living quarters.
(b) The alteration or expansion of a Building if the
Buildi.ng use upon completion does not generate greater External
Trips under the applicable Impact Fee Rate.
(c) The replacement of a Building or the construction of an
Accessory Building if the replacement Building or Accessory
Building does not result in a land use generating greater External
Trips under the applicable Impacc Fee R~te.
(d) The construction of publicly owned buildings used for
governmental purposes.
ee) Any construction. alteration or ex,pansion of a private
school or Dublic scnQol.
Section 5. Codification. It ~s the intention of the Board
ot County Commissioners that the provisions of this Ordinance
shall become and be made a part of the Land Development Code of
Seminole County, Florida and the word II Ordinance II may be changed
t.o "Section, II "Article, II or other appropriate word or phase and
that the sections of this Ordinance may be renumbered or
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Building Division
I
Memo
To: Ron McLemore, City Manage,/-")
From: Don Houck, Building Official V~
CC:
Date: 03/01/99
Re: Impact fees St. Stephen School
Per your request, the following are Transportation, Police and Fire Impact fees for the
proposed St. Stephen School.
The transportation fees are based on the schedule used for day care centers since we do
not have a fee specific to private schools. Conklin, Porter, Holmes recommended this rate
as being the most appropriate of our existing rates for this type of use.
The fees are as follows:
.
Transportation - $37,010.84
This was determined by applying the day care rate of $981.72/1000 sq.ft. of gross
floor area to the total classroom area onlv of 37,700 sq. ft.
Police Impact Fees - $7,140.00
This was determined by applying the fee of $0.12 per sq. ft. under roof of all of the
new facilities to be constructed, which totaled 59,500 sq. ft.
Fire Impact Fees - $17,850
A rate of $0.30 per sq. ft. under roof for all new facilities being constructed was used
to determine this fee.
The fee per sq. ft. for Fire and Police Impact fees is the same for all uses.
Total of all fees - $62,000.84
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Memo
To: City Manager and Commission
From: Don Houck, Building Official c;)~.
CC:
Date: 03/03/99
Re: Impact Fees Assessed Churches
Since the impact fees vvere enacted in 1991, we have had the following churches
add structures that would be subject to impact fees:
Episcopal Church of the New Covenant - March 1992
This was a renovation and expansion of the sanctuary. They paid
Transportation, Fire and Police impact fees totaling $4347.23.
Starlight Baptist Church - September -1998
This is the addition of a 1738 sq. ft. Sunday School classroom building that is still
under construction. They were assessed Fire and Police impact fees of $725.76.
Transportation impact fees were not assessed due to the fact that the accessory
building did not generate new trips
Sl Stephen Catholic Church - February 1994
This was the addition of a 9332 sq. ft. Enrichment Center (classrooms and
auditorium). The Transportation, Fire and Police fees amounting to $23,597.90 \Nere
waived by the City Manager. Because it is used as accessory to the principal use,
transportation fees vvere not charged.
The authority under which the City Manager waived Police and Fire impact
fees is unclear.
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