HomeMy WebLinkAbout2003 03 10 Public Hearings C First Reading - Ordinance 2003-04 Impact Fees
Date: 032403
The following Document was Postponed from
March 10, 2003 as Public Hearing Agenda Item
"C" at the 03/10/03 City Commission Meeting.
It was brought back to the 03/24/03 City
Commission, but as Public Hearing Agenda Item
"B" .
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031003 Commission Meeting
Public Hearing "Cn
lmpact Fees
COMMISSION AGENDA
ITEM C
Consent
Informational
Public Hearing X
Regular
March 10, 2003
Meeting
M,fJ2Jt\ / Dept.
Authohzation
REQUEST: City Manager requesting the City Commission to approve the First Reading of
Ordinance No. 2003-04, repealing certain sections of Chapter nine (9) of the City Code
related to impact fees, amending Police and Fire impact fees, and establishing a new Parks
impact fee.
Note: The Ordinance will be available from the city Attorney Thursday
March 6, 2003.
PURPOSE: This Agenda Item is needed to implement revised Police and Fire Impact Fees and
to establish a new Parks impact fee to pay for expanded facilities and equipment.
CONSIDERATIONS: On February 24, 2003 the City Commission directed staff to proceed
with preparation of an impact fee ordinance and for the City Attorney to provide the Commission
with an opinion on the use of residential fees based upon square footage. The attorney will give
his opinion at the Commission Meeting.
FUNDING: Not Applicable.
RECOMMENDATIONS: It is recommended that the Commission approve the First Reading
of Ordinance No. 2003-04 amending the City's current impact fee and establishing a new Parks
impact fee.
ATTACHMENTS:
1. February 24, 2003 Agenda Item.
2. Ordinance Number 2003-04
COMMISSION ACTION:
,: "
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COMMISSION AGENDA
ITEM C
Consent
Informational
Public Hearing
Regular X
February 24,2003
Meeting
Mgr. / Dept.
Authorization
REQUEST: City Manager requesting the City Commission to approve Fire Rescue, Police and
Parks Impact Fees as provided in the November 2002 Impact Fee Analysis Report
, prepared by Land Design Innovations, Inc. and to direct the City Attorney to
prepare implementing ordinances.
PURPOSE: This agenda item is needed to establish revised fire rescue and police impact fees,
and to implement a new parks impact fee.
CONSIDERATIONS:
The City retained LDI to perform an analysis of fire rescue and police impact fees to determine if
new rates were needed to fund anticipated improvements and to prepare a new parks impact fee to fund
improvements.
On January 13,2003 the City Manager placed the results of the study on the information agenda
Item "B" so that the Commission could be reviewing the report prior to agending the report for
Commission action.
As stated, the purpose of this ordinance is to have the Commission approve the new rates for fire
rescue and police impact fees and to establish a new parks impact fee as follows.
METHODOLOGY
The methodology utilized for the calculation of fees includes two main elements as follows:
1). Unadjusted Rate projecting historical expenditures through buildout (Attachment #2)
2). Adjusted rate modifying the historical rate to anticipated improvements (Attachment
#3)
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Regular Agenda Item C
February 24,2003
Page 2
Below is a table of current rates, rates proposed by the study, and staff recommended rates. Fees
are noted in either pu (per unit) or psf (per square foot).
Current Proposed Staff Recommended
FirelRescue Residential $103.63 pu $0.086 psf $0.086 psf
FirelRescue Non-Residential $0.28 psf $0.948 psf $0.35 psf
Police Residential $215.83 pu $0.113 psf $0.113 psf
Police Non-Residential $0.41 psf $1. 777 psf $0.30 psf
Parks Residential $300.00 pu $0.834 psf $0.834 psf
Parks Non-Residential $0 $0 $0
FISCAL IMPACT:
The new (recommended) impact fees is estimated to generate the following revenue
through build out:
FirelRescue
Police
Parks
$4,376,072
$3,568,891
$1,514,502
RECOMMENDATIONS:
It is recommended that the Commission approve fire rescue, police and parks impact fees
proposed herein and direct the City Attorney to prepare implementing ordinances for Commission
approval.
ATTACHMENTS:
#1. Impact Fee Analysis Report without appendices
#2. Unadjusted Rate Schedule Revenue Projections
#3. Adjusted Rate Schedule Revenue Projections
COMMISSION ACTION:
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Attachment No.1
CITY OF WINTER SPRINGS
IMPACT FEE ANALYSIS REPORT
FOR
POLICE, FIRE/RESCUE AND PARKS & RECREATION
NOVEMBER 2002
Prepared For:
City of Winter Springs
Community Development Department
1126 East State Road 434
Winter Springs, Florida 32708-2799
Prepared By:
Land Design Innovations, Inc.
140 North Orlando Avenue, Suite 295
WINTER PARK, FLORIDA 32789
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City of Winter Springs
IMP ACT FEE REPORT
TABLE OF CONTENTS
A INTRODUCTION................ I. .... ........... I............ ......................................................... ...... 1
B. RE'VIE W OF CURRENT ME THODOLCX;Y .................................................................. 1
C. FIRE IRE SCUE SE R'VI CE S............ ....................................................................... ............ 1
1. Level of Service Standaro............................................................................................... 1
2. C.a.pit:al.Asset Inventory (CAI) ....................................................................................... 1
3. Service Requirements per Land Use .............................................................................2
a. Percent Residential <:aIls (R.q .....................................................................................................2
b. Percentage of Non- residential <:aIls (Nq ................................................................................. 3
4. Apportioning Costs to New Development .................................................................... 3
a. Residential Square Footage (RSF) ......................................... ................................... ................... 3
b. Non-Residential Square Footage (NSF) ....................................................................................3
5. Fire/ Rescue Impac t Fee C.a.lculation ............ .................. .................... ......................;...3
a. Residential ................................... ......................................................................................... .......... 3
b. Non- Residential........................ ..................................................................................... ................ 3
6. Detem1ination of Appropriate Credits ...........................................................................4
D. POLICE/LAW ENFORCEMENT SER'VICES ................................................................ 4
1. Level of Service Standaro...............................................................................................4
2. C.a.pital.Asset Inventol)' (CAI) .......................................................................................5
3. Service Requirements per Land Use .............................................................................5
a. Percent Residential <:aIls (R.q ............................... ............................. ............. ............................ 6
b. Percentage of Non- residential Calls (Nq .................................................................................6
4. Apportiorung Costs to New Development ....................................................................6
a. Residential Square Footage (RSF) ................................................................... ............................ 6
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City of Winter Springs
IMP ACT FEE REPORT
b. Non-Residential Square Footage (NSF) ....................................................................................6
5. Police Impact Fee Calculation ......................................................................................6
a. Residential......................................... ............................................................................................. 7
b. Non- Residential...................... ..................................................................... .................................. 7
6. Det:ermination of Appropriate Credits ...........................................................................7
E. P.AR.KS & RECR.EATION ..................................................................................................7
1. Level of Service Sta.ndaro...............................................................................................7
2. (:a,pital Asset Inventory (CAI) .......................................................................................8
3. Service Requirements per Land Use ............................................................................ 10
4. .Appottioning Costs to New Development .................................................................. 10
5. Parks and Recreation Impact Fee {:a,lculation............................................................ 10
a. Residential.............. ............. ................. ........................................................................ ................ 10
6. Determination of Appropriate Credits ......................................................................... 10
F. DETERMINATION OF APPROPRIATE CR.EDITS ....................................................11
1. Fire / Re s cue Credit........ ....... .......... ...................... .................. ........................ ... ....... .... 11
a. OP financed through bonds: ....................................................................................................11
b. Percentage of Bond....................................... ........... ........................... ..................... ................... 12
c. Amount Applied to Retire Fire OP Portion of Bond........................................................... 12
d. Present Day Oedit ............ ................ ................. ....................................................... .................. 12
2. Police Credit................................................................. ................................................ U
a. OP financed through bonds: ....................................................................................................12
b. Percentage of Bond............... .......... .......... ....,.. ................................................ .......... .................. 13
c. Amount Applied to Retire Police OP Portion of Bond......:................................................ 13
d. Present Day Oedit ........................... ............................................................................. .............. 13
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City of Winter Springs
IMPACT FEE REPORT
3. Parks and Recreation Credit........................................................................................ 13
a. OP financed through bonds: ................. ........................................................................... ........13
b. Percentage of Bond.... ................................................................................................................. 13
c. Amount Applied to Retire Park OP Portion of Bond.......................................................... 13
d. Present Day Oedit ...................... ..........................:... ................. ....... ..................... ..................... 13
G. IMP ACf' FEE S'UMM.AR.Y ............................................................................................... 14
1. Fire IRes cue Impact Fee :............ ............... ........................... ....................................... 14
2. Police/Law Enforcement Impact Fee:........................................................................ 15
3. Paoo and Recreation Impact Fee: .............................................................................. 15
H. APPENDIX" N' .................................................. ERROR! BOOKMARK NOT DEFINED.
1. Fire/Rescue Data ............................................................... Error! Bookmark not defined,.
2. Police/Law Enforcement Data .......................................... Error! Bookmark not defined.
3. Paoo and Recreation Data ................................................. Error! Bookmark not defined.
4. Table 1- Present Day Value Factor ................................... Error! Bookmark not defined.
5. Neighborhood Park Districts Map ..................................... Error! Bookmark not defined.
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INTRODUCTION
Impact fees are used my municipal governments to recoup capital expenses necessary to
maintain adopted levels of service associated with new growth. These identifiable capital costs
are assigned directly to those residents or service users responsible for the additional cost to help
offset capital funding deficiencies and to ensure equity amongst all users, existing and new.
The purpose of this report is to determine impact fee amounts for Police, Fire/Rescue and Parks
and Recreation related public facilities for use by the City of Winter Springs in accessing a
proportionate cost impact fee to new development for these services. The report provides an
evaluation of the current impact fee methodology used by the City of Winter Springs for Police
and Fire/Rescue services, as well as, 'providing an updated calculation of the impact fee amount
for these services. In addition, this report defines the methodology to be used and the calculation
of the impact fee for Parks and Recreation public facilities.
Determination of an impact fee amount involves the establishment of facility standards and
current deficiencies, inventory and assessment of existing facilities, apportioning of costs to new
developments, determination of appropriate credits, and the incorporation of time-price
differentials. These elements are defined in the following report for each of the three public
services listed above.
Review of Current methodology
Review of the current methodology used by the Gty of Wmter Springs for the detennination of
Fire/Rescue and Police impact fees indicates that the previous methods used for calculation of these
impact fees was valid. The current methodology is a "standard driven" approach where the
theoretical proportionate share is based upon historical investments made to support the current
levels of seIVice. As such, the previous methodology was maintained in the calculation of the
updated impact fees for Fire/Rescue and Police seIVices. However, the methodology was revised
slightly for residential developments to produce an impact fee based upon building square-footages
as opposed to a flat fee for each residential unit, as was previously used.
Fire/rescue services
Level of Service Standard
The Gty of Wmter Springs Fire Department defines the level of service provided to the
citizens of the Gty in terms of average response time. G.mently, the Fire Department
criteria for an average response time consists of one (1) minute for call processing, one (1)
minute for vehicle turnout time, and four (4) minutes for the arrival of the first fire unit for
ninety percent (90%) of all incident calls. Additionally, all units responding to a call are
required to arrive within eight (8) minutes from vehicle turnout. The Department has
concluded that this current level of seIVice is adequate for future service and will therefore
be maintained as the basis for detennination of Fire/Rescue impact fees.
Capital Asset Inventory (CAI)
In order to determine a fair impact fee amount, it is necessary to determine the present day
value of the public facilities required to provide the currently adopted level of service.
Determination of the present day value of existing facilities incorporates a time-price
differential into the calculations by assigning a replacement value equal to the cost of
replacing a facility today rather than the cost of the facility at the time of its
construction/purchase. The data used in determining the present day value of the capital
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facilities comprising the Winter Springs Fire/Rescue services were provided through the
City of Winter Springs Fire Department and through the Limited Appraisal - Restricted
Report prepared by Clayton, Roper and Marshall dated July 31, 2002. Copies of the data
and report used in the preparation of this analysis are contained within Appendix "A".
The City of Winter Springs owns and operates two fire stations located at 102 North Moss
Road (Station 24) and at 850 Northern Way (Station 26). The land for a third station,
approximately 1.5 acres, has also been acquired. In addition to the two stations, the City of
Winter Springs Fire Department owns, operates and maintains fourteen (14) vehicles
consisting of eight (8) cars/SUV's, three (3) fire engines, and three (3) rescue vehicles.
Beyond the direct costs for equipment and facilities, the land values and fair market value
of existing structures and improvements are included as capital expenditures associated
with the provision of Fire/Rescue service.
Based upon the information provided and documented in Appendix "A", the current
replacement values for capital expenditures associated with the provision of Fire/Rescue
service at the ado ted/current level of service is indicated in the followin table.
I- 1
Land Value - Station 24
Land Value - Station 26
Land Value - Future Fire Station
Station 24 Facilities & E ui ment
Station 26 Facilities & E ui ment
Facilities Desi n Fees estimated
Fire/Rescue Vehicles
$110,000
$61,000
$150,000
$675,655
$434,197
$40,000
$1,745,000
I ,Totals, $3,215,852.00
1 - Land values as indicated in the Limited Appraisal- Restricted Report prepared by Clayton, Roper & Marshall.
2 - Facility buildings and contents values as provided by Coregis audit, 2000.
3 - Facilities design fees estimated by Land Design Innovations, Inc.
4 - Fire/Rescue vehicle values as provided by City of Winter Springs Fire Department.
Therefore, the total Capital Asset Inventory (CAI) is equal to $3,215,852.00 for Fire/Rescue
service. Supporting documentation for the values listed above is contained in Appendix
" A" .
Service Requirements per Land Use
In order to apportion an equal and fair share of the costs for the capital improvements
necessary to provide the adopted level of service, the percentage of the Fire/Rescue public
service required to support residential and non- residential land uses is required. These
percentages are then applied to apportion a fair share of the capital improvement costs to
new development for each type of land use. Incident call report sununaries provided by the
Gty of Wmter Springs Fire Department were used in the determination of the land use call
percentages. In reviewing the incident call summaries, it is noted that there were a total of
3,210 calls for the period of 1/1/01 to 12/31/01. Of these calls, 756 were not attributable to
definite land uses but rather to traffic calls, assistance calls from other jurisdictions, open
land, etc. These calls were eliminated from the call sample data such that only calls
attributable to residential or non-residential land use were counted. The result was 2,454 calls
attributable to residential or non- residential land uses within the Gty. Copies of the
supporting data are included in Appendix <<A" of this report.
Percent Residential Calls (RC)
Based upon the call records provided in the Incident Summary Report for 1/1/01-12/31/01, it has
been determined that there were a total 'of 1,884 fixed residential property calls. These calls
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represent approximately 77% of the total fixed property calls reported to the City of Winter
Springs Fire Department.
Percentage of Non-residential Calls (NC)
Based upon the call records provided in the Incident Summary Report for 1/ 1/0 1-12/31/0 1, it has
been determined that there were a total of 570 fixed non-residential property calls. These calls
represent approximately 23% of the total fixed property calls reported to the City of Winter
Springs Fire Department.
Apportioning Costs to New Development
The methodology previously used by the Gty of Wmter Springs in determining an impact
fee for Fire/Rescue public services was based upon an Equivalent Residential Unit. This
methodology was revised to base the impact fee analysis on a building square-footage basis
for both residential and non-residential land uses. This method of apportioning costs
provides for a more equitable distribution of the impact fee amount. The detennination of
the total building square-footage for residential and non-residential land uses was prepared
using the Seminole County Property Appraiser's GIS Database.
Residential Square Footage (RSF)
The total building square-footage for residential land uses within the City of Winter Springs was
determined through the Seminole County Property Appraiser's GIS Database. The total quantity
of residential square-footage (RSF) was determined to be 28,721,992 square-feet as of January
2002.
Non-Residential Square Footage (NSF)
The total building square footage for non-residential land uses within the City of Winter Springs
was determined through the Seminole County Property Appraiser's Parcel GIS Database. The
total quantity of non-residential square-footage (NSF) was determined to be 779,841 square-feet
as of January 2002.
Fire/Rescue Impact Fee Calculation
The required impact fee assessment for Fire/Rescue services is based upon the total costs of
the capital facilities and equipment costs required to provide the adopted level of service.
The impact fee was designed to address the proposed land use and size of development
proposed. As such, the fire/rescue public safety facilities impact fee to be paid prior to or in
conjunction with the issuance of a building permit shall be levied based upon the following
formula and in the following amounts:
Residential
(CAI x RC)/RSF=Cost per residential square-foot
($3,215,852 x 0.77)/28,721,992 = $0.086 per residential square-foot
Non-Residential
(CAI x NC)/NSF=Cost per non-residential square-foot
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($3,215,852 x 0.23)/779,841 = $0.948 per non-residential square-foot
Legend:
CAI = Capital Asset Inventory
RC = Percent Residential Calls
NC = Percentage on Non-Residential Calls
RSF = Total Square-Footage of Residential Buildings
NSF = Total Square Footage of Non-Residential Buildings
Determination of Appropriate Credits
According to the records of the City of Wmter Springs finance department, a total of
$473,694.00 of bond money was used to finance capital improvements for the fire
department. As new development will be required to pay impact fees for capital
improvements to offset service demand created by their development and to also assist in
retiring these bonds for past capital improvements, a credit is due. The following table
details the credit due. A detailed description of the calculation of this credit is contained in
Section F of this report.
Year of Impact Fee Total Credit Due
Paymept
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2003 $41.00
2004 $39.87
2005 $38.64
2006 $37.34
2007 $35.94
Additionally, it should be noted that Sec. 7.54 of Wmter Springs Code of Ordinance
provides for a reduction for sprinkled buildings. 1his reduction is 100% of the fire impact
fee for sprinkled residential buildings and a 5% reduction of the fire impact fee for sprinkled
commercial buildings.
Police/Law Enforcement services
Level of Service Standard
The City of Winter Springs Police Department currently defines the level of service
provided to the citizens of the City in terms of the number of officers versus the population
served and in terms of average response time. The determination of Police impact fees will
be based upon the average response time/number of incident calls. The national
recommendation for number of officers to population served is 2.1 officers per 1000 capita.
The City of Winter Springs currently maintains 1.7 officers per 1000 capita.
In terms of response time, the Police Department maintains an average response time of
three and one half (3.5) minutes for emergency calls and five (5) minutes for non-
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emergency calls. The Department has concluded that this current level of service is
adequate for future service and will therefore be maintained as the basis for determination
of Police impact fees.
Capital Asset Inventory (CAI)
In order to determine a fair impact fee amount, it is necessary to determine the present day
value of the public facilities required to provide the currently adopted level of service.
Determination of the present day value of existing facilities incorporates a time-price
differential into the calculations by assigning a replacement value equal to the cost of
replacing a facility today rather than the cost of the facility at the time of its
construction/purchase. The data used in determining the present day value of the capital
facilities comprising the Winter Springs Police services were provided through,the City of
Winter Springs Police Department and through the Limited Appraisal - Restricted Report
prepared by Clayton, Roper and Marshall dated July 31, 2002. Copies of the data and
report used in the preparation of tll1is analysis are contained within Appendix "A".
The City of Winter Springs operates one police station servicing the entire City which is
located at 300 North Moss Road. In addition to the single police station, the City of Winter
Springs Police Department owns, operates and maintains fIfty-eight (58) marked police
vehicles and one (1) command post vehicle. Beyond the direct costs for equipment and
facilities, the land values and fair market value of existing structures and improvements
. are included as capital expenditures associated with the provision of Police service to the
citizens of Winter Springs.
Based upon the information provided and documented in Appendix "A", the current
replacement values for capital expenditures associated with the provision of Police service
at the ado ted/current level of service is indicated in the followin table.
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Land Value Police De artment
Police Department Facilities &
E ui ment 2
Police Vehicles
Facilities Desi n Fees
$1,803,271
$40,000
II
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1 - Land values as indicated in the Limited Appraisal- Restricted Report prepared by Clayton, Roper & Marshall.
2 - Facility buildings and contents values as provided by Coregis audit, 2000.
3 - Police vehicle values as provided by City of Winter Springs Police Department.
4 - Facilities design fees estimated by Land Design Innovations, Inc.
Therefore, the total Capital Asset Inventory (CAI) is equal to $4,618,271.00 for Police
service. Supporting documentation for the values listed above is contained in Appendix
"A".
Service Requirements per Land Use
In order to apportion an equal and fair share of the costs for the capital improvements
necessary to provide the adopted level of service, the percentage of the Police public service
required to support residential and non-residential land uses is required. These
percentages are then applied to apportion a fair share of the capital improvement costs to
new development for each type of land use. Incident call report summaries provided by the
City of Winter Springs Police Department were used in the determination of the land use
call percentages. In reviewing the incident call summaries, it is noted that there were a total
of 30,457 calls for the period of 1/1/01 to 12/31/01. Of these calls, 13,785 were not
attributable to defInite land uses but rather to traffIc citation, traffIc calls, written
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warnings, etc. These calls were eliminated from the call sample data such that only calls
attributable to residential or non-residential land use were counted. The result was 16,672
calls attributable to residential or non-residential land uses within the City. Copies of the
supporting data are included in Appendix "A" of this report.
Percent Residential Calls (RC)
Based upon the call records provided in the Winter Springs Police Department Calls for Service
for 1/1/01-12/31/01, it was determined that there were a total of 11,710 fixed residential property
calls. These calls represent approximately 70% of the total fixed property calls reported to the
City of Winter Springs Police Department.
Percentage of Non-residential Calls (NC)
Based upon the call records provided in the Winter Springs Police Department Calls for Service
for 1/1/01-12/31/01, it was determined that there were a total of 4,962 fixed non-residential
property calls. These calls represent approximately 30% of the total fixed property calls reported
to the City of Winter Springs Police Department.
Apportioning Costs to New Development
The methodology previously used by the City of Winter Springs in determining an impact
fee for Police public services was based upon Equivalent Residential Unit comparisons.
This methodology was revised to base the impact fee analysis on a building square-footage
basis for both residential and non-residential land uses. This method of apportioning costs
provides for a more equitable distribution of the impact fee amount. The determination of
the total building square-footage for residential and non-residential land uses was prepared
using the Seminole County Property Appraiser's GIS Database.
Residential Square Footage (RSF)
The total building square-footage for residential land uses (RSF) within the City of Winter
Springs was determined through the Seminole County Property Appraiser's GIS Database. The
total quantity of residential land use building square-footage was determined to be 28,721,992
square-feet as of January 2002.
Non-Residential Square Footage (NSF)
The total building square-footage for non-residential land uses (NSF) within the City of Winter
Springs was determined through the Seminole County Property Appraiser's Parcel GIS
Database. The total quantity of non-residential land use building square-footage was determined
to be 779,841 square-feet as of January 2002.
Police Impact Fee Calculation
The required impact fee assessment for Police services is based upon the total costs of the
capital facilities and equipment costs required to provide the adopted level of service. The
impact fee was design to address the proposed land use and size of development proposed.
As such, the police public safety facilities impact fee to be paid prior to or in conjunction
<.1
with the issuance of a building permit shall be levied based upon the following formula and
in the following amounts:
Residential
(CAI x RC)/RSF=Cost per residential square-foot
($4,618,271 x 0.70)/28,721,992 = $0.113 per residential square-foot
Non-Residential
(CAI x NC)/NSF=Cost per non-residential square-foot
($4,618,271 x 0.30)/779,841 = $1.777 per non-residential square-foot
Legend: CAI = Capital Asset Inventory
RC = Percent Residential Calls
NC = Percentage on Non-Residential Calls
RSF = Total Square-Footage of Residential Buildings
NSF = Total Square Footage of Non-Residential Buildings
Determination of Appropriate Credits
According to the records of the City of Wmter Springs finance department, a total of
$2,304,797.00 of bond money was used to finance capital improvements for the police
department. As new development will be required to pay impact fees for capital
improvements to offset service demand created by their development and to also assist in
retiring these bonds for past capital improvements, a credit is due. The table below details
the credit due. A detailed description of the calculation of this credit is contained in Section
F of this report.
Year of Imp~ct Fee Total Credit Due
Payme~t
,
2003 $176.08
2004 $169.77
2005 $163.02
2006 $155.79
2007 $148.05
Parks & Recreation
Level of Service Standard
The City of Winter Springs Parks and Recreation Department currently defines the level of
service provided to the citizens of the City in terms of the number of acres of parkland
versus the population served. The City of Winter Springs adopted level of service is five (5)
acres of parkland for every 1000 capita. Additional details on Parks and Recreation level of
service standards are provided within the Winter Springs Comprehensive Plan. The Parks
and Recreation Department currently exceeds this level of service and has concluded that
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this level of service is adequate for future service and will therefore be maintained. There
are currently no overall parkland deficiencies within the City.
Capital Asset Inventory (CAI)
In order to determine a fair impact fee amount, it is necesscuy to determine the present day
value of the public facilities required to provide the currently adopted level of service. The
data used in detennining the present day value of the capital facilities comprising the Wmter
Springs Parks and Recreation facilities were provided through the Gty of Wmter Springs
Parks and Recreation Department. cnpies of the data provided are contained within
Appendix" A" .
The Gty of Wmter Springs owns, operates and maintains eleven (11) park related facilities
'Yithin the Gty limits. These facilities provide both passive and active recreational uses. In
addition to the direct facilities costs, the cost for land acquisition was also included as a
capital expenditures associated with the provisions of parks and recreational facilities.
Based upon the infonnation provided by the Gty of Wmter Springs Parks and Recreation
Department and through the L imita1. Appraisal - Restrictfrl Report prepared by Cayton, Roper
and Marshall dated July 31, 2002, the current replacement values for capital expenditures
associated with the provision of parks and recreational services at the adopted/current level
of service is indicated in the following table.
1 - Land values as indicated in the Limited Appraisal- Restricted Report prepared by Clayton, Roper & Marshall.
2 - Parks construction cost as indicated on M.H. Williams Construction Co. cost schedule provided by the City of Winter Springs.
3 - Additional improvements as indicated on Starmer Rinaldi Planning & Arch. Budget Pricing, dated 4/22/99.
4 - Values represent costs provided by City of Winter Springs and estimated costs as provided by LDI, see Appendix "A" - Additional Parks Facilities and Structures Cost Summary.
Park Facility Land Value) Constructio Additional Equipment & Total Cost
n Cost! Imp.3 Strucutres4
Torcaso Park $487,200.00 $443,093.43 $24,271.00 $119,105.00 $1,073,669.43
Trotwood Park $2,720,000.00 $825,284.35 $66,065.50 $212,000.00 $3,823,349.85
Central Winds Park $8,500,000.00 $232,614.00 n/a $1,363,825.00 $10,096,439.00
Sunshine Park $1,000,000.00 $433,947.72 $34,539.00 $669,205.00 $2,137,691.72
Winding Hollow Park $3,827,200.00 $110,885.00 $36,970.00 n/a $3,975,055.00
Sam Smith Park $1,088,880.00 $256,575.22 $57,221.50 n/a $1,402,676.72
Moss Park $250,000.00 $341,885.64 $67,555.00 n/a $659,440.64
Oak Hollow Park $100,800.00 n/a $47,716.00 n/a $148,516.00
Bear Creek Nature Trail $244,800.00 n/a nla $6,500.00 $251,300.00
Ranchlands Park $292,864.00 n/a n/a $22,600.00 $315,464.00
Fruitwood Park $50,000.00 n/a n/a $20,600.00 $70,600.00
Total $23,954,202.36
('
Service Requirements per Land Use
Parks and recreational facilities typically service residential land uses only. Non- residential land uses
are not anticipated to place additional demand on park facilities. As such, the capital improvement
costs associated with the provision of parks and recreational services is attributable solely to
residential land uses. Consequently, impact fees for the provision of parks and recreational facilities
is born by residential development only.
Apportioning Costs to New Development
The methodology used in preparing the parks impact fee analysis apportioned costs to residential
land uses on a square-foot basis. In addition to apportioning costs to residential development, it is
necessary to track the source of the park impact fees paid. Tracking the parks impact fee is
necessary due to the nature of the parks related improvements. The parks system consists of
community and neighborhood parks. While the community parks serve the entire Winter Springs
community, neighborhood parks are project specific and serve only a localized area. As such,
impact fees spent on community parks can be spent throughout the City while impact fees spent
on neighborhood parks must be spent within the vicinity of the development which paid the
impact fee. To track this matter, the City has been divided into four quadrants, see Figure 1. The
dividing lines for the quadrants are State Road 434 and Tuscawilla Road. These dividing lines
were chosen because they represent natural divisions from a neighborhood park perspective.
Neighborhood parks are designed to service a localized area and as such much of the use is from
children which travel to the parks via bicycle, walking, etc. Major thoroughfares such as S.R. 434
and Tuscawilla Road present natural boundaries for children and thus were used to define the
four districts. Impact fees from new development spent on neighborhood parks must therefore be
spent within the district where the new development is located. The tracking of which District the
Park impact fee originated from is therefore critical.
Parks and Recreation Impact Fee Calculation
The required impact fee assessment for Parks and Recreation services is based upon the total costs
of the capital facilities and equipment costs required to provide the adopted level of service. The
impact fee was determined to address the proposed land use and size of development proposed. As
such, the Parks and Recreation impact fee to be paid prior to or in conjunction with the issuance
of a building permit shall be levied based upon the following formula and in the following
amounts:
Residential
CAIIRSF=Cost per residential square-foot
23,954,202.36/28,721,992 = $0.834 per residential square-foot
Legend: CAI = Capital Asset Inventory
RSF = Total Square-Footage of Residential Buildings
Determination of Appropriate Credits
According to the records of the Gty of Wmter Springs finance department, a total of $9,101,321.00
of bond money was used to finance capital improvements for the parks and recreation department.
As new development will be required to pay impact fees for capital improvements to offset service
demand created by their development and to also assist in retiring these bonds for past capital
improvements, a credit is due. The table below details the credit due. A detailed description of the
calculation of this credit is contained in Section F of this report.
"
Year of Irrtpact' Fee Total Credit Due
Paynient
I
2003 $639.13
2004 $630.55
2005 $621.37
2006 $611.54
2007 $601.03
In addition to the credit indicated in the table above, the Gty will be required to calculate the
appropriate credit associated with the assessed millage rate for payment of the '02 bond. See Section
F(3) for additional details.
Determination of appropriate credits
According to the records of the Gty of Wmter Springs finance department, a total of $21,338,970.00
in bonds has been issued by the Gty. Portions of these bonds were devoted to capital improvement
projects for the provision of police, firel rescue, and parks and recreations services. A breakdown of
the bond amounts and other bond related information is detailed in the table below:
PST/FF: Public Service Taxes/Franchise Fees
VDS: Voter Debt Service (0.25 millage rate applied to propenyvalue)
'Records from the Gty of Wmter Springs indicate that the average assessed PST IFF per customer
has increased every year from 1997 to 2001 with a maximum average assessment of $309.00 per
customer in 2001. The percentage of the PST/FF assessment devoted to retiring the '93 and '99
bonds is 50% or $151.50. The remaining 50% of these fees is allocated to the City's general fund.
Half of the $151.50 ($75.75) from PST/FF is split and devoted to retiring the '93 and '99 bonds.
The following calculations describe the dollar amount of the PST/FF devoted to retiring that
portion of each bond related to capital improvement projects.
Bond Bond Maturity Paid By
Amount Date
;
'93 Bond $9,365,000 2018 PST/FF
'99 Bond $7,998,970 2029 PST/FF
'02 Bond $3,400,000 2032 VDS
Fire/Rescue Credit
CIP financed through bonds:
Of the entire bond amounts, only a portion was devoted to financing capital
improvement projects related to Fire/Rescue facilities. The amounts below identify
the dollar amount from each bond devoted to Fire/Rescue capital projects.
Appendix "A" contains the supporting documentation for these amounts.
'93 bond $343,569.00
'99 bond $130,125.00
Total: $473.694.00
Ii
Percentage of Bond
Percentage of '93 bond:
Percentage of '99 bond:
$343,569/$9,365,000 =
$130,125/$7,998,970 =
3.67%
1.63%
Amount Applied to Retire Fire CIP Portion of Bond
'93 Bond: $75.75 x 3.67%
'99 Bond: $75.75 x 1.63%
=
$2.78
$1.23
=
Present Day Credit
The dollar amount determined in section (c) above is collected over the life of the bond. Therefore, the
sum of these payments represents the credit due toward the payment of impact fees. Payments received
in the future have a lower dollar amount in the present. The difference between the future and present
value is interest. Therefore, the present value of a series of payments over a number of years must be
calculated to determine the actual credit to the impact fee. For the purposes of calculating the present
day value, an interest rate of 7% is assumed. The following two tables identify the credits due for impact
fee payments between 2003 and 2007 to offset the fees assessed to retire the '93 and '99 bonds.
I 1993 BOND
Beginning Payment Year I :Present Day Factor Total Credit
2003 9.44665 $26.26
2004 9.10791 $25.32
2005 8.74547 $24.31
2006 8.35765 $23.23
2007 7.94269 $22.08
* Credits have been determined through 2007. A reassessment ofthe impact fee should be provided prior to 2007.
1999 BOND
Beginning Payment Year I Present Day Factor Total Credit
2003 11.98671 $14.74
2004 11.82578 $14.55
2005 11.65358 $14.33
2006 11.46933 $14.11
2007 11.27219 $13.86
* Credits have been determined through 2007. A reassessment ofthe impact fee should be provided prior to 2007.
Police Credit
CIP financed through bonds:
Of the entire bond amounts, only a portion was devoted to financing capital
improvement projects related to Police facilities. The amounts below identify the
dollar amount from each bond devoted to Police capital projects. Appendix "A"
contains the supporting documentation for these amounts.
'93 bond $2,304,797.00
Total:
$2.304.797.00
Percentage of Bond
Percentage of '93 bond:
$2,304,797/$9,365,000 =
24.61 %
Amount Applied to Retire Police CIP Portion of Bond
'93 Bond: $75.75 x 24.61 %
=
$18.64
Present Day Credit
The dollar amount determined in section (c) above is collected over the life of the bond. Therefore, the
sum of these payments represents the credit due toward the payment of impact fees. Payments received
in the future have a lower dollar amount in the present. The difference between the future and present
value is interest. Therefore, the present value of a series of payments over a number of years must be
calculated to determine the actual credit to the impact fee. For the purposes of calculating the present
day value, an interest rate of 7% is assumed. The following are the credits due for impact fee payments
between 2003 and 2007 to offset the fees assessed to retire the '93 bond.
I 1993 BOND
Beginning Payment Year I Present Day Factor Total Credit
2003 9.44665 $176.08
2004 9.10791 $169.77
2005 8.74547 $163.02
2006 8.35765 $155.79
2007 7.94269 $148.05
* Credits have been determined through 2007. A reassessment of the impact fee should be provided prior to 2007.
Parks and Recreation Credit
CIP financed through bonds:
Of the entire bond amounts, only a portion was devoted to financing capital improvement
projects related to Parks and Recreation facilities. The amounts below identify the dollar
amount from each bond devoted to Parks and Recreation capital projects. Appendix "A"
contains the supporting documentation for these amounts.
'99 bond
Total:
$5,630,348.00
$5.630.348.00
Percentage of Bond
Percentage of '99 bond:
$5,630,348/$7,998,970
=
70.39%
Amount Applied to Retire Park CIP Portion of Bond
'99 Bond: $75.75 x 70.39%
=
$53.32
Present Day Credit
The dollar amount determined in section (c) above is collected over the life of the bond. Therefore, the
sum of these payments represents the credit due toward the payment of impact fees. Payments received
c'
in the future have a lower dollar amount in the present. The difference between the future and present
value is interest. Therefore, the present value of a series of payments over a number of years must be
calculated to determine the actual credit to the impact fee. For the purposes of calculating the present
day value, an interest rate of 7% is assumed. The following are the credits due for impact fee payments
between 2003 and 2007 to offset the fees assessed to retire the '99 bond.
1999 BOND
Beginning Payment Year I Present Day Factor Total Credit
2003 11.98671 $639.13
2004 11.82578 $630.55
2005 11.65358 $621.37
2006 11.46933 $611.54
2007 11.27219 $601.03
* Credits have been determined through 2007. A reassessment of the impact fee should be provided prior to 2007.
In addition to the '99 bond, 100% of the 2002 bond, an amount of $3,400,000, was entirely devoted
to capital improvement projects for parks and recreation facilities. This bond is being retired
through a 0.25 millage rate assessed on property values. As such, payments made over the life of
the bond on an individual property value basis must be summed and modified to represent
present day value and reimbursed as an additional credit to that listed in the table above. The
present day value of the sum of payments over the life of the bond is equal to the dollar amount of
the current annual payment multiplied by the appropriate Present Day Value Factor (see the table
above or Table 1 in the Appendix).
IMPACT FEE SUMMARY
Based upon the data collected and the methodology employed, the recommended impact fee amounts for
public services for the provision of fire/rescue, law enforcement, and parks and recreational facilities is
as follows:
Residential:
Non-Residential:
Fire/Rescue Impact Fee:
$0.086 per residential square-foot
$0.948 per non-residential square-foot
The impact fees indicated above must be modified to account for the appropriate credit as
previously calculated. A comparison of the current impact fees being assessed by the City of
Winter Springs and the surrounding Cities are as follows (the City of Longwood has not been
included as the basis of its impact fees is not consistent with that of Winter Springs and the
surrou
I
City Residential Commercial
, . Impact Fee * Impact Fee **
Winter S rin s $174.00 er DU
Casselberr nJa
Oviedo $205.00 er DU
Lake Ma $175.00 er DU
Sanford $59.27 er DU
Altamonte S rin s $91.58 er DU Varies er use
* Based upon an impact fee paid in 2003 and an average residential building square-footage of2,500.
** Impact fee credit is not included and should be applied.
Police/Law Enforcement Impact Fee:
Residential: $0.113 per residential square-foot
Non-Residential:
$1.777 per non-residential square-foot
The impact fees indicated above must be modified to account for the appropriate credit as
previously calculated. A comparison of the current impact fees being assessed by the City of
Winter Springs and the surrounding Cities are as follows (the City of Longwood has not been
included as the basis of its impact fees is not consistent with that of Winter Springs and the
surrounding cities):
City ! Residential Commercial
: Impact Fee * Impact Fee **
Winter S rin s
Casselber
Oviedo
Lake Ma
Sanford
$106.42 er DU
nla
$178.37 er DU
$165.00 er DU
$91.93 er DU
-ft
'"
"'*
Residential:
Parks and Recreation Impact Fee:
$0.834 per residential square-foot
The impact fees indicated above must be modified to account for the appropriate credit as
previously calculated. A comparison of the current impact fees being assessed by the City of
Winter Springs and the surrounding Cities are as follows (the City of Longwood has not been
included as the basis of its impact fees is not consistent with that of Winter Springs and the
surrounding cities):
Ci~y Residential Impact Fee *
Winter S rin s $908.37
Casselber $395.00
Oviedo $397.00
Lake Mar $335.00
Sanford $279.61
Altamonte S rin s $311.21 er DU
Based upon an impact fee paid in 2003 and an average residential building square-footage of2,500 and an
average property value of$215,000.
'"
2003 DEVELOPABLE LANDS - UNADJUSTED RATE SCHEDULE
Max. Police
.1n1p~ctfee
$1,596
$66,672
$0
$0
$4,969,980
$3,351,847
$0
$0
$0
-:$8,39Q,096; c
':'~.LUM .. ~
,fLUM:I;>~signati6,rl :.Mif'!:Dell~ity .: .,Acr~age" Min., Fire , Max. fire ;M~n. Pplice
--"., - .' n ~ '..~" .. ,).c'_~~ -:..1"__;,; '(3t:'; ,Jtnp;;lct Fee,.;, 'Irn~Clct:F~~. JrnpactF~ '
..- "';'.- ," .'. -,
'.., .. - "
Residential Rural 0 DU/Acre 1.0 DU/Acre 15 $0 $2,610 $0
Low Density Res. 1.1 DU/Acre 3.5 DU/Acre 179 $34,261 $109,011 $20,954
Medium Density Res 3.6 DU/Acre 9.0 DU/Acre 0 $0 $0 $0
High Density Res. 9.1 DU/Acre 21.0 DU/Acre 0 $0 $0 $0
Commerical (4) 0.25 FAR 0.5 FAR 129 $1,326,471 $2,658,231 $2,473,633
Industrial (4) 0.25 FAR 0.5 FAR 87 $894,597 $1,792,760 $1,668,264
Public/Semi-Public 0.25 FAR 0.5 FAR 0 $0 $0 $0
Recreation/Open Sp. 0 FAR 0.25 FAR 0 $0 $0 $0
Vacant N/A N/A 0 $0 $0 $0
Sub-Totals. <':410...... '$2,255,328 <$4,562;612 . $4,162,851 '
. ..,-" -'- .
, ,', " _ _'_"', . ",.- '__ __ ,- '" ~_.."_._,,. __....____co.--v .,~-_..~_._".~..
Meditm: Impac.ri!~;;.'c:;Qil~~t~I!~ ...,:,~~ .
<'IMPACTFEEAMQUNTSSASED..UPONMEDIA'N DENSITY BUILDOUT
Min. Parks
Imp~ct Fee
$0
$178,858
$0
$0
$0
$0
$0
$0
$0
$178,656
Attachment No.2
Max. Parks
lmpac~fee .
$13,626
$569,094
$0
$0
$0
$0
$0
$0
$0
r$56Zi!1~~<,;
-$380,l89,
Fire Impact Fee:
Residential: $0.086 per sq-ft
Commercial: f '$0.9481 per sq-ft
Residential: $0.113 per sq-ft
Commercial: t $1:7171 per sq-ft
Residential: $0.834 per sq-ft
CREDITS
$41.00 per DU 1) Residential credits based upon payment of impact fees in
$41.00 per customer year 2003, with an average 2,500 square-foot house with a
$176.08 per DU 2) Comercial credits based upon payment of impact fees in year
$176.08 per customer 2003 with an average 1.0 acre parcel.
$1,176.63 per DU 3) FLUM Acreage from the Comprehensive Plan
. _. Median, R. e~. 'Media,n Comrn~ "FI,..UM Res. Fire Comm. 'Fire R_ ~s. Police Comm.Police Res. Parks,
FLUM-OesignCition -,
I;>~nsity , , ' Density- Acreage ,impact Fee' Irnpactfee Impact Fee (rnpi:1ct Fee Impact Fee
Mixed Use 8 DU/Acre 0.8 FAR 85 $59,160 $1,402,283 $36,183 $2,624,325 $308,846
Town Center 12 DU/Acre 1.0 FAR 167 $196,893 $1,722,349 $75,030 $3,224,354 $738,529
Greeneway Int. 8 DU/Acre 0.8 FAR 179 $37,662 $4,429,566 $37,662 $8,289,779 $86,339
Sub-7:otals -431$293;n5:~- '$7,554';:1'99 ,"0$148,874$14,138:457 -, $1,133,714'
, " ".." ...._ _'. ' ~ '," _ u... ...... _ .. ,'. _, . "
Median"mpa_c,t;f~i~::<if)lJf!Q~q...;-;;i;~;.:;c;.;:;.;~~';;;~';;::;"':~':',.cc:;.~~t~.~;:-:~ 'Z';:':;='~J;;:;;;;-;$:7:;a4J7,",9.~~3~;:;.:-; . -, '~_ ~"';':i,::,,;=;$j,~,28Z,'3g2-;;:;-:';:;~,,:;-:: ~_:""':~:"";;-$;t-;j(3:3,:Z~.4.,~;J,.:.,.~
'$11~256;883""" "';$20,563,806- "$1,514,50~.:;Ci:.
Police Impact Fee:
Parks Impact Fee:
ASSUMPTIONS:
Mixed Use:
50% Residential/50% Commercial
2,500 sq. ft. average dwelling unit
Town Center: 75% Residential/25% Comm Greenway:
2,000 sq. ft. average dwelling unit
-,
Comm~ Pai-ks
, ltl1pactFee
N/A
N/A
N/A
25% Residential/75% Comme
1,700 sq. ft. average dwelling
2003 DEVELOPABLE LANDS - ADJUSTED RATE SCHEDULE
FLUM .Design~tioo "Min.-Density
Residential Rural
Low Density Res.
Medium Density Res.
High Density Res.
Commerical (4)
Industrial (4)
Public/Semi-Public
Recreation/Open Spa
Vacant
o
1.1
3.6
9.1
0.25
0.25
0.25
o
DU/Acre
DU/Acre
DU/Acre
DU/Acre
FAR
FAR
FAR
FAR
N/A
'i\1;;lx.D'enslfy
FLQM
~Acte" ,
MirioFire
Impact'
Fee
Max. Fire Min. Poli~e
Impact Fee . Impact fee
Max. Police
Impact Fee
1.0 DU/Acre
3.5 DU/Acre
9.0 DU/Acre
21.0 DU/Acre
0.5 FAR
0.5 FAR
0.5 FAR
0.25 FAR
N/A
$0 $2,610 $0 $1,596
$34,261 $109,011 $20,954 $66,672
$0 $0 $0 $0
$0 $0 $0 $0
$486,395 $978,078 $398,729 $820,172
$328,034 $659,634 $268,910 $553,139
$0 $0 $0 $0
$0 $0 $0 $0
$0 $0 $0 $0
'~$~~~,~~$;, .;'~$J,_"lL4~;9_~~;:..; ~..~,,$,~8~,~,93$$,1,441 ,~7~
Mediad.1i1JfjaCif,Fee:Co/Jected-~~},,~':'t $~' ;~9~;Q11[ ';"ji!!t'i;:;.,~r. ;)i!lTL:$::t,O~5, Q8.~~. .,._
" ... IMP A CT rEE,A,MOUNTSBASED. UPON MEDIAN -DENSITY BUILDOUT
Mixed Use
Town Center
Greeneway Interchang
15
179
o
o
129
87
o
o
o
Attachment No.3
Min. Parks Max.Parks
Impact Fee Impact Fee
$0 $13,626
$178,858 $569,094
$0 $0
$0 $0
$0 $0
$0 $0
$0 $0
$0 $0
$0 $0
':$1;78;858;' """'$5~~i71~"
'$380 ;7:~9.'<~i:ii:;~~;~P;'
. " . ~. ~ . . --Res. Fire. .,. " Comm
MedianR~~. - ,Med.ian,(iornm. FLUM Gomrn.F'r~ Res. Police ...p...... '1.'.< .1......... ......'
-D,e.. n.s."i.,....~',-_.... ,,'-' '.,'."."...[),e.,.n. :s.'..'i~,~' ..~,..'-A-" "Jmpact.' I ." . F r" 'F .....,..'... 0 Ice mpact
., .. _~7. _,,' ~7. ,--c~e. "-Fee",__mpa~~.$le,;,.!11pact, ee -'J,Fee
iMediiiiiNrifpaclTFfittPColli!cted'
Fire Impact Fee:
Police Impact Fee:
"
Parks Impact Fee:
ASSUMPTIONS:
Mixed Use:
0.8 FAR
1.0 FAR
0.8 FAR
Residential: $0.086 per sq-ft
Commercial: l$O"3~ per sq-ft
85 $59,160 $516,622
167 $196,893 $634,809
179 $37,662 $1,631,916
" -..,A:"~.~:l"i'-:'F :~~,$6.~~ji~~5~ ..' i.$2.i78?i346,:'
;'~;L-"/:t~~$~'O' 7~"7.d:'6' "~', ':::,i
. '0,> ':,O~,:., ' . :2.'~,~;, ,; ~,,::, ~ ,,-J;JJ,S!..._ ".:,.1:;", '_i"':l,~:.:;;~\~~,;
:"':"1:"..,$4~a76j.072..
CREDITS
$41.00 per DU
$41.00 per customer
, Co,n:wm~
Parks '
Impact Fee
$36,183 $436,829 $308,846
$75,030 $538,238 $738,529
$37,662 $1,379,864 $86,339
'$148&7~ :\ ~~~~S4,933_'~i: ;$,t.~33:7t4,:
"'$. 2, 503,''8. -()5-t?~i~': ::':'::':$-1}t33t1"~'"
, . , .,:.....,
;$3'~:5_68,_891, ~.$1 ,S1;4,:sQ2'--?]}:;-,
1) Residential credits based upon payment of impact fees in
year 2003, with an average 2,500 square-foot house with a
$215,000 value.
2) Comercial credits based upon payment of impact fees in
year 2003 with an average 1.0 acre parcel.
3) FLUM Acreage from the Comprehensive Plan
Residential: $0.113 per sq-ft $176.08 per DU
Commercial: I $'0.301 per sq-ft $176.08 per customer
Residential: $0.834 per sq-ft $1,176.63 per DU
50% Residential/50% Commercial
2,500 sq. ft. average dwelling unit
Town Center 75% Resi./25% Comm.
2,000 sq. ft. average du
Greenway:
25% Resi./75% Comm.
1,700 sq. ft. average dun
i'
Ronald W. McLemore
City Manager
TO:
FROM:
DATE:
SUBJ:
CITY OF WINTER SPRINGS, FLORIDA
1126 EAST STATE ROAD 434
WINTER SPRINGS, FLORIDA 32708-2799
Telephone (407) 327-1800
MEMORANDUM
Mayor and Commission
Ronald W. McLemore, City Manager I---
March 6, 2003
Impact Fee Ordinance
Please find attached the Impact Fee Ordinance No. 2003-04 amendments to Public
Hearing "C".
/jp
Attachment
U:\Docs\Word\Memos\Memo 2003\Mar 03\Amendment to Ordinance 2003-04,doc
DRAFT 3-5-03
ORDINANCE NO. 2003-04
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
REVISING POLICE AND FIRE IMPACT FEES AND
ESTABLISHING IMPACT FEES FOR PARKS AND
RECREATION; MAKING SEVERAL CONFORMING
AMENDMENTS TO ELIMINATE REDUNDANT CODE
SECTIONS; ADOPTING SEVERAL PROCEDURAL
AMENDMENTS APPLICABLE TO THE PAYMENT OF IMPACT
FEES; PROVIDING FOR THE REPEAL OF PRIOR
INCONSISTENT ORDINANCES AND RESOLUTIONS;
PROVIDING FOR INCORPORATION INTO THE CODE;
PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the City Connnission of the City ofWmter Springs, Florida, has previously found and
determined it to be in the best interest of the safety, health, and welfure ofthe citizens of the City ofWmter
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 adequacy of the City's
current police, fire/rescue and parks and recreation impact fees; and
WHEREAS, LDI has issued to the City an impact fee report entitled, "City of Winter Springs
Impact Fee Analysis Report for Police, FirelRescue and Parks & Recreation," dated November 2002
("Report"); and
WHEREAS, the City Commission hereby finds that the Report legally justifies the continued
imposition of revised police, :6re/rescue and parks and recreation 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 Pine lias Countyv. City of Dunedin, 329 So. 2d 314 (Fla. 1976); Waldv. Metropolitan Dade
County, 338 So. 2d 863 (FIa 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
City of Winter Springs
Ordinance No. 2003-04
Page 1 of 15
DRAFT 3-5-03
WHEREAS, the City Commission also finds that the impact fees required by this Ordinance are
necessary to mitigate impacts reasonably attnbutable 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
WHEREAS, new land development activity generates public fucility 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
fucilities 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 aniend 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 vm, Division 3. The City ofWmter Springs
Code, Chapter 9, Article VIII, Division 3, is hereby amended as follows (underlined type indicates additions
and stIikoout type indicates deletions):
ARTICLE vm. IMP ACT FEES
* * *
DMSION 3. POLICE. FIRE. AND PARKS AND RECREATION
PUBLIC SAFETY FACILITIES
Sec. 9-391. PoHee pubHc safety impact fee. Generally.
[Police ptJblic safety impact fix, pIovisiom are set furth hcrdn as scc.tiom 9-391.1 thtough 9-391.12.]
The city commission hereby establishes police. fire. and parks and recreation itnpact fees
under the requirements of this 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
City of Winter Springs
Ordinance No. 2003-04
Page 2 of 15
DRAFf 3-5-03
Statutes. enco~es the use of innovative land development reguIations 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 reqlJire new development to pay a fair share
ofthe cost of expanding new public facilities and services attnbutable to new development. This
division is enacted pursuant to the Florida Municipal Home Rule Powers Act. Chapter 163.
Florida Statutes. the City ofWmter Springs Comprehensive Plan. and other applicable law
authorizing a municipaIity to set rates. fees. and charges for new development.
Sec. 9-391.1. Levy and purpose.
For the pmpose of helping to defray the cost of new or expanded police. fire. 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 offees, 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 r((pOrt
pr~pared by Land Design Innovations. Inc. entitled. "City ofWmter Springs Impact Fee Analysis
Report for Police. FirelRescue and Parks & Recreation." dated November 2002.
Sec. 9-391.2. Definitions.
Unless otherwise ~ed herein, the definitions, classifications and uses shall be as set forth
in the City ofWmter Springs Land Development Code.
W Building permit: Any building or construction permit required under the Wmter Springs
Building Code, Chapter 6 of this Code.
(b) Fire public safety facilities capital improvements: The land. building. facilities. vehicles and
equipment necessary for the :fire de.partment of the city to provide firefighting and fire protection
services and paramedic services to the citizens ofWmter Sprirlgs.
till Nonresidential: Includes all land uses not otherwise specified as residential or exempted as
set forth in this division. This shall include, but is not limited tOa..day Care facilities, residential care
facilities, nursing homes, boarding houses, home occupations, educational facilities, hbraries,
cuhural facilities, churches, all commercial uses, all transient lodging and entertainment facilities
except those which are temporary in nature, all automotive facilities and/or structures, all
miscellaneous business uses and services and all industrial uses.
City of Winter Springs
Ordinance No. 2003-04
Page 3 of 15
DRAFT 3-5-03
(d) Parks and recreation facilities capital improvements: The land. buildings. facilities. vehicles.
and equipment necessmy for the parks and recreation department of the city to provide parks and
recreation services to the citizens of Winter Springs.
~ Police public safety facilities capital improvements: The land, buildings, facilities, vehicles and
equipment necessary for the police department of the city to provide police protection services to the
citizens ofWmter Springs.
ill Residential: Includes single-family dwellings, muhifamily dwelling units, mobile homes,
accessory dwelling units, accessory residential structures.
Sec. 9-391.3. Applicability and exemptions.
W This division shall apply to all new construction within the city limits except the following:
(1) Expansion of a residential dwelling unit not creating another dwelling unit; and
(2) Remodeling or rebuilding of any structure; and
(3) Construction under any building permit originally issued during the year preceding
the effective date of this division; and
(4) Temporary activities and uses including, but not limited to temporary construction
and temporary commercial amusements; and
(5) Public service structures; and
(6) Publicly owned and operated buildings or structures used for general governmental
purposes (to include but not limited to sewer, stonnwater, police, fire, ground
transportation, solid waste, parks, recreation and cultural purposes); and
(7) Construction associated with raising animals; and
(8) Construction related to agriculture.
(b) In addition. nonresidential development shall be exeIIlPt from parks and recreation impact
fees.
City of Winter Springs
Ordinance No. 2003-04
Page 4 of 15
DRAFT 3-5-03
See. 9-391.5. Payment of fees.
(a) Time of payment. The impact fees required to be paid under this division shall police public
5afcty fucilities fee .is to be paid p1iol to 01 in conjunction with the issuance of a building permit. but
in no case shall the building permit be issued until all outstanding impact fees are paid in full to the
~
(b) Method of payment. Impact fees shall be paid in' cash unless the city commission. at its Sole
and absolute discretion. specifically accepts an in-kind contnbution of land or capital facilities for
public use which is reasonably related to the pw:pose of the credited impact fee. Credit for any
in-kind contnbution shall be on a:fuir market value basis as of the date the city commission accepts
the offer of such contribution. The fair market value of any land accepted as an in-kind contribution
shall be based upon an appraisal of its highest and best use then allowed under itl-s the city's current
land use and zonin8 designatio~. The appraisal shall be performed by a certified appraiser. licensed
to do business in Florida acceptable to the city. Such appraisal shall be paid for by the donor. No
credit will be granted pursuant to this section unless the contnbution ofland or capital facilities for
public use has been or will be included in the capital asset inventory of the department of the city for
which the irrlpact fee is imposed.
(c) Amount offee. The following impact fees are hereby adopted: The, police. pubtic safety
faeifitic-s to be paid prior to 01 in conjttuction with the .issuance of a bttiIding pcmlit shaH be levied
based ttpOn the foHo\'Vmg foImtda and in the fuHowing ¬mts.
(l) Residential.
(C:AI x RC)IRDU - Cost: per dwelling tmit.
(2) Non-rc;sidential.
(CM x NC)/NSl' - Cost pGl squme root ofllOll-rc.sidclltia:l. dc.vdopment.
C:AI ...
RC
NC ..
ROO ...
NSF
Capital asset inventory.
rCIGC,ll! 1 Gsidential Galls.
FClocn. ofnomcsidcntial e.aIls.
Numbel ofrcsidential dwelling writs
Non-rcsidclltial square footage, (Non-residential fee. shaH. be
levied upon that portion of a strocttne \'Vhich is dassificd as
nom e.side.ntial).
City of Winter Springs
Ordinance No. 2003-04
Page 5 of 15
DRAFT 3-5-03
(1)
Fire:
(i) Residential:
(ll) Non-residential:
$0.086 per square foot.
$0.350 per square foot.
(2)
Police:
(i) Residential:
en) Non-residential:
$0.113 per square foot.
$0.300 per SQ.lJare foot.
(3)
Parks and Recreation:
(i) Residential:
(n) Non-residential:
$0.834 per square foot.
None. ,
See. 9-391.6. Credits.
In addition to the discretionary credits authorized by the city commission under section 9-391.5(b).
~ applicant for a building permit shall be entitled to a credit against future impact fees assessed
pursuant to this division for contnbutions, dedications, or improvements required by the city or
through agreements with the city as a condition of any development permit by the city, and said
credit shall be an amount equal to the firir market value of any contribution of land or capital facilities
for public use. The impact fee credit and the applicable contnbution. dedication. or improvements
must be reasonably related. The firir market value shall be detennined as of the date the city
commission accepts the offer of such contribution. The firir.market value of any land accepted for
credit of future impact fees shall be based upon an appraisal of its highest and best use and then
allowed under its the city's current land use and zoning designatio~. The appraisal shall be
performed by a certified appraiser. licensed to do business in Florida. acceptable to the city. Such
appmisal shall be paid for by the donor. No credit will be granted pursuant to this section unless the
contnbution of land or capital facilities for public use was made within the year preceding the
effective date of this division, and the contribution of land or capital facilities for public use has been
or will be included in the capital asset inventory of the potiee department of the city for which the
impact fee is imposed..
Sec. 9-391.7. Establishment ora 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
categoIY created under this division as follows:
ill Police Protection Capital Expansion Trust Fund.
(2) Fire Protection Capital Expansion Trust Fund.
City of Winter Springs
Ordinance No. 2003-04
Page 6 of 15
DRAFT 3-5-03
(3) Parks and Recreation Capital Expansion Trust Fund.
(b) Use of Funds. The amounts in the impact fee polire protection capital. expansion trust fun~
shall be exclusively used only for the purpose obtained in the title of such fund and for no other
purpose. Expenditures from the fund shall be specifically approved by the city commission and shall
be limited to the expansion acquisition of capital facilities or equipment made necessary by the new
construction from which the fees were collected or for principal payments (including sinking :fund
payments) on bonds to expand or acquire such facilities or equipment. Before authorizing an
expenditure from anyone of these trust funds, the city commission shall determine that:
(1) Such expenditure is fOt: capital :fu.cilities or equipment to be used for the purpose
contained in the title of the trust fund from which the expenditure is to be made; and
(2) Such expenditw'e is made necessary by the new construction from which such :funds
were collected; and
(3) Such expenditure shall result in a benefit to the new construction from which said
funds were collected.
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 divisio~ shall prepare and maintain a capital expansion plan for
its their respective individual funds which shall be for a period of no less than one (1) year. The polkG
E&ili department's plan shall be reviewed and approved by the city commission at least annually
during the budget review process.
Sec. 9-391.9. Refunds.
Refunds ofpo.lice public safuty :fuc.i:liti:c5 the impact fees paid hereunder may be allowed upon
application thereo~ when it is determined that no construction under a building permit has occurred,
and the building permit issued for such construction has expired or otherwise been cancelled.
Sec. 9-391.10. Vested rights.
(a) A developer or successor in interest of land 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. 2003-04
Page 7 of 15
DRAFT 3-5-03
(1) There exists a valid, tmexpired government act of authorizing a specific development
for which a detennination 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 divisio1l:'~
ill Common law principles of equitable estoppel and vested rights set forth in case law.
(b) For the purpose of this section, the following fu.ctors 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) Whether the expense or obligations were made or incurred subsequent to May 14,
t9ge November 1,2002, after which day the adoption of the impact fees required by this
division was pending; and
(3) Whether the operation of this division would create an erroneous 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 police. scr v ice impact, po~ impact fees required by this division and their
designated uses, or contributions to the capital asset inventory of the police re~ective 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.
Sec. 9-391.11. Penalty for violation.
Violation of this division shall constitute a misdemeanor of the second degree and shall be
subject to penaIty pursuant to applicable code enforcement procedures. Notwithstanding the criminal
penalty provided for herein, the city may obtain an injunction or other legal QI equitable relief in the
circuit court against any person violating this division.
City of Winter Springs
Ordinance No. 2003-04
Page 8 of 15
DRAFf 3-5-03
Sec. 9-391.12. Appeal.
Any person aggrieved by any portion of this division shaH administrative decision by the city
~ appeal directly to the city commission To file an appeal, an individual must file an application
with the city manager and submit such infonnation and documentation with said application as may
be required by the city manager. The city manager shall make a determination as to the sufficiency of
the application An application for appeal must be filed with the city manager within thirty (30) days
of any action taken by the city for which a person is aggrieved. Any decision of the city commission
on the application shall be :final and subject to iudicial review.
Section 3. Repeal Chapter 9, Article VID, Division 4, Fire Public Safety Facilities. The City
ofWmter Springs Code, Chapter 9, Article VITI, Division 4, Fire Public Safety Facilities, is hereby repealed
in its entirety (strikeout type indicates deletions):
DMSION 4. FIRE PUBLIC SAFETY FACILITIES
Sec. 9...396. Fin public sakty facilities impact fee.
[r1r'e pttbJk safety ilnpact fee plovisiolls me set forth heldll as section~ 9-396.1 tlnough 9-396.12.]
Sec. 9-396.1. Levy and purpose.
FOI the pmposc. of helping to defray thG cost of new 01 expanded fire fudlitics and
equipment attribtrtablc to new construction within the dt} limits, ilnpact rees aIC helcby levied on
new constmction within the'eity limits in. aceoldancc with the. plovisions o{section 9-396.5, payment
of kGs, cll1d other pi 0 visions of this division This division is intended to Ix consistent with the
plillCipa:ls ful allocating a fail shate. of the e.o5t o{new public faGilities to flC,W users as establisb.e.d h,
the FlOlida SUplCI1'lC Com.
Sec.9396.2. Definitions.
Unless othc.rwisc. 5pCCificd herGin, the. defirlitions, dassificabons and uses shaH Ix as set forth
in the Crt, of'vVmtcr Splings Land De.vdopmcnt Code.
Duilding pcnnit. Any btriIding 01 coJ.".lSt:ructiol1 paHht lequited under the. Wintel Splin.gs
DttiIding Code, ChaptCI 6 of this Code.
File public safety fudlities capital ilnplo~ements. The laIld, bnild1ng, facilities, vehicles and
equipment nCCG~ for the file department of the "rt, to pro~de firdighting and file. plotectron
sc.1 vi~ and parmncdic SC1 vices to thG dtizcm ofV{mt"r SpiMgs.
City of Winter Springs
Ordinance No. 2003-04
..
Page 9 of 15
DRAFT J-S-OJ
Nomesidentw. Indud(,s aU. land ~s not OthCl wise. specified as Iesidcntial 01 exempted as
5(,t furth herein. This shaH include., but is not limited to day eate facilities, Iesidcntial e.ate. facilities,
nmsing hOllIes, bocnding housc,s, hoIne occupations, educational :facilitie.s, libHIfKs, e.ultmal. :facilities,
chme.hcs, aU. cormnereial usc,s, aU. transient lodging and entertaimnent facilities except those which
arc tcmpolary in natm:e, aU. automotRe. :facilities andloI stmctmes, aU. miscdhmcotJS bttsiness usc,s
atld SCI vices atld aU. industrial usc,s.
Residential. Includes single-family dwellings, nltUti...-finnily dwelling tmits, mobile homes,
accessory dwelling units, accessory Iesidential shnctme.s.
Sec. 9--396.3. Applicability and cnmptions.
This di'\lision sbaH apply to aU. ne~ constIllGtion within thc city limits cxcept thc roHowing.
(1) Expansion of a Iesidelltial dwe-Hing unit not cluting anotheI dwel:ling unit, mld
(2) RCInodding 01 l'(,build.-ing of any stI tlCtm e., mld
(J) ConstItlGtion m1der any building peullit oliginaHy issncd dming the ,e-at prccc,ding
the e:frective- date. oftbis OIdinance No. 488 [July 9, 1990], mId
(4) Temporary acti~es and usc,s including, but not Iimitcd to tcnlpolM)l constItlCtion
and tempoImJ commeIeial alnuscments, mld
(5) Public seI -qicc stJ:tlCtmes, and
(6) Publicly owned and operated building or shncturcs mcd tOI gencra:l gov"e1mnental
pmposcs (to include. but not limited to sc.~el, stormwatcl, fire., gIotmd tta:nsportation, solid
wasOC, parks, rcCIcation mld cultural. pmposes), and
(7) ComtIoctionassociatcd with raising ~, alld
(8) ConstItlCtion Idated to agIirolture.
Sec. 9--396.4. DderminatioD off<< amounts.
.Empact m shaH be dct{.uuincd and reviewed at ~ every OthcI YGM in accoldance with. a
detaikd al1alysis of projected const. uction witbin. the. city limits, the. cost of allY expanded OJ new
capita:l facilities and cq11iprncnt roI me public senicc, facilities genc.ratc.d by such construction and the
money otll(.. wise available to meet such costs. The. city conmliMion may at'llluaUy adjust the
established impact fee rate to reflect the changes ill the cost of relevant capital fucilities and
City of Winter Springs
Ordinance No. 2003-04
Page 10 of 15
~
DRAFf 3-5-03
cqnipment. AM changes 01 adj~nts in the. estabJished impact fec IateS shaH be made by oIdinance
cmd sha:H .1ppI, only to constI oction {oI which btri:ld:ing p'-uHits are i5sued after the effeet~c date of
stlCh OId:inanc.C.
See. 9-396.5. Payment of fees;
(a) Titnc ofpaYlncnt. The firc public safety facilities fec i5 to be paid plioI to 01 in c.o~tmction
with the issuance of a building pcmUt.
(b) Mdhod of payment. Impact iCes shaH be paid in cash ttnkss the. city connll~ioll spcc.ifi~
acGepts an in-kind oontlibtrtion of land 01 c.apital facilities fur public tlSC. CIcdit {ol any in-kind
contl:ibtrtion shaH be on a fait rnaIket value basis as of the. date. the city conm1:ission accepts the OffeI
of such contribution. Thc:fitir maIket "aluc of any land accepted as an in-kind oontlibtttion shall be
based upon an appraisal of its highest and best tlSC thcu allowed mtdcr its cmIcnt land me
designation. Such appIaisal sha:H be paid fuI by the donor.
(e) Anlomt offce. TIle fire public safety facilitks to be paid plioI to 01 in conjttttc.tion with the
issuance ofa btri:lding pGllUit shaH be kvied based upon the foHowing fommla and in the following
amounts.
(l) Residentia:l.
(CAI X RC)/RDU - Cost pel dwelling tmit.
(2) Non-residential.
(eAI X NC)INSF" Cost pel squmc foot ofnon-remwtw development.
CAI ...
RC
NC ...
RDU -
NSF -
Capital asset invcntory.
PCicent rGside-ntia! GaBs.
Percentage. ofnomGsidcntia:l ca&.
NtnnbcI of residcntial dwc~ tmits.
Nonresidential square fuotage, (Non-Iesidential fc<. shaH. 1x
K-vied upon that portion of a stItlGtmc 'Which is classified as
nOllt'CsKkntia:I).
Sec. 9-396.6. Credits.
An applicant for a bu~ pGm1:it shaH be entitled to a cIedit against futmc impact fees
assessed pmsuant to this Ordinance foI contributions, dedications, 01 inlIH 0 vcmcnts 1 equir cd by the:.
city 01 thtough agxecmcnts with the city as a condition "fany developntc.nt peiuUt by the city, and
City of Winter Springs
Ordinance No. 2003-04
Page 11 of 15
DRAFT 3-5-03
said credit shaH. be an amOtmt equal to the fait: nwket value of any conttibution of land 01 capital
facilities for pnbtic l1S(,. TIle fair nwkct value shaH be, dctcunincd as ofthc. date. tIlG dry eOllltl~ion
accc.pt5 tile. oflb of 5Ueh eontl. .ibntion. The fait: nwkct "aluG of any land accepted ful CI edit of future
impact fees shaH be based upon an appraisal of its highest and be,st me. and then aHo~cd nndcl its
couem land me. designation. Such applaisal shaH be. paid fu! by the donO!. No Gfedit ~iH be. gnmted
pmsottnt to this section unless the eontIibutron of land 01 e.apital faci:litk,s fur pubtic me. ~as made
witllin thG YCM preceding the effuct:ivc date of this OIdirnmcc No. 4788 [July 9, 1990], and the
ex>ntdbution onand 01 capital {aGilities for pubic use has bee.n or ~iH be included in the Gapital asset
imcntory of the me dcpattulGnt of the Cit} ofWmtcl SptHigS.
S~e. 9~396.7. EstabHshm~nt ora trust fund.
(a) The impact fcGS collected by the city pursuant to this di~n shaH be kept S(.pa1atG nom
other I'CvenUG ofthc city and a capital expansion tmst fund is llercby created. Fire. rlotGetion Capital
L"Xp3J1Sion Trost Fwd.
(b) Use offtmds. The amotmts in the mc. plotcction capital Gxpansron trust fund shaH be, me.d
only fur the pmposc contained in the title of such fund and for no othel purpose. ExpGnditmes nom
the fund shaH be speci:ticaHy applovoo by the ciry conmmsion and shaH be limited to the
expamionlacqttisition of capital mcilities O! equipment made necessary by the ne~ constmction nom
which the fucs ~ere eoHc.cted 01 ror principal payments (including sinking fund payments) 011 bonds
to expalld 01 acquire such mciJitics 01 equipment. Defole authorizing an expenditure :from anyone of
these tJ:tJSt Mlds, the city comnlission shaH ddenrrine tMt.
(1) Such expenditure is for capital facilities or cqttipme,ut to be mOO ror the pmposc
contained in the title ofthc tJ:ust:fund nom 'Which tIlG expenditure is to be madG, and
(2) Such cxpcnditme is made, necessary by the ne~ constt oction from ~hich snch funds
~a'C coHcdOO, and
(3) SUGh expenditure shaH. lesult in a benefit to thc nc~ eomlitlCtion nom which said
funds ~ere coHcctoo.
See. 9-396.8. Capital ~xpansion plans.
The eity's fire dcpMtlnent, ~hich is to rccciv~ funds coHectoo pmsuant to this inlpact fue
ordinance shaH prepare and maintain a capital expansion plan ful its indiWlttal funds ~hich shaH be
fot a period of no less than one (1) yeM. TIle file departmGnt's plan sha:H be. I{,vic~ed and apploved
by the eity commission at least am1t1all, dming the budget levie~ plocess.
8<<. 9~396.9. I<<funds.
City of Winter Springs
Ordinance No. 2003-04
Page 12 of 15
DRAFT 3-5-03
Reftmds of me pttbJie safety f.tciJitics fees paid heretmdu nlaJ be aHo~ed upon appb.c.ation
tocreror ~hen it is detetmined that no eOllstmctiontmocr a building pernnt has ocetltred, ~nd the
btrilding ~rnlit issntd fur 5t1Cb. constroction 1m expited or otherwise been eanceHed.
Se<. 9~396.19. Yutcd rights.
(a) A developer or 5\:lCC(,ssor in intelest of land ~hieh 1m received a building pemlit IDa'
petition the eity co.mmission fur a vested rights determination ~hich ~ould exempt the petitioner
from the provisions of this dnision. StlCh petition shaH be, evaluated h, the city attoIllC}' and a
rcco.D'ln'l(,ndation thercon Stlbmittcd to the city conmrissioll based upon the fuHo~ing criteIia.
(1) Then: exists a valid, tmC,xpited go~efnmcnt act ofauthorizing a specific, development
fur whieh a determination is sought,
(2) Expenditures or obligations made or inetn1ed in reliance upon the authorizing act
that arc reasonably equivalent to th~ fees required h, this dimio~
(3) That it would be, inequitable to deny the petitioIlGr the opportunity to complete the
pre-viomly app1o~ed development undet the conditions of appro-val h, requiting the
de\'d.opGr to comp" with thG rcqnitellK.nts of this dnision.
(b) For the; purpose of this sec,tion, the foHowing factors shaH be considered in octGunining
~hether it ~ould be inequitable to deny the petitioner the opportunity to complete the previously
apptO'\1ed dc-veIopn.lcnt.
(1) Whether the in;jttry 5tJ:'!rer ed h, the petitioner otltweighs the public cost: of aHo ~ing
the development to go fur~md without payment of tile fee requited h, this division;
(2) 'Nhetha the expense or obligations ~CIC n1adc or inetltred Stlbscqucnt to Ma, 14,
1990, after which day the adoption of this Oidinance ~as pending, and
(3) Whether tile operation of this dimion ~ould create an eironcous bnrocn ~hich
would prcvcrrt petitioner nom rmlcing a reasonable rctmn on his investment.
(e) The city sba:H not permit the extension of a building pcrudt bc,ond the initial time for
acti-vMion withotrt t:hG applicant compI,in~ ~ith this Ordinance.
(d) If a pre\lious" apptovcd ocvdopmcnt order or otller binding agreement contained
conditions rG~mding fire 5er vice impacts, fire impact fees and their designated uses, or contributions
to the capital assc.t imel1tory of the me ocpa1t:ment, the developer or his StlCCCSS'OI may reqtlGst: a
modification of stICh prior appto-vals in order to bring the apptOlal conditions into consistency.
City of Winter Springs
Ordinance No. 2003-04
Page 13 of 15
DRAFf 3-5-03
Sec. 9~J96.11. Penalty for violation.
"Violation of this di1ision shaH constitute a misdcmem101 of the. scGOlld degree..
Notwithstanding the, e.lhninal penalty provided for heldn, the dry may obtaiu an injnnction 01 other
legal equitable relicfin the. drcmt conrt against any pc1son oolating this Qtdirnmcc.
Sec. 9~J96.12. Apptal.
Any persou aggric~cd by any portion of this diV'ision shaH appca:l Meetly to the ciry
commission. To file. an appca:1, ml indMdual mt:ISt file an applic,ation with the dry manageI mld
submit sucll inrolnlation and docmncntation with. said apptication as .may be:. Ie.quil:cd by the. dry
managel. The city managel shaH make. a determination as to the 5tlfficiency of the application. An
apptication for appeal must be filed with the ciry nl31'lager witmn thirty (30) days of any ae.tion taken
by the eity toI which a pclson is ~cd.
Section 4. 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.
Section 5. Incorporation Into Code. 1bis ordinance shall be incorporated into the Wmter
Springs City Code and any section or paragraph number or letter and any heading may be changed or
modified as necessary to e:ffi:ctuate the foregoing.
Section 6. Severability. Ifany 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 7. EfIectiveDate. This Ordinance shall become effective immediately upon adoption
by the City Commission of the City ofWmter Springs, Florida, and pursuant to City Charter.
[signatures on next page]
City of Winter Springs
Ordinance No. 2003-04
Page 14 of 15
7
DRAFT 3-5-03
ADOPTED by the City Commission of the City ofWmter Springs, Florida, in a regular meeting
assembled on the _ day of , 2003.
ATTEST:
CITY OF WINTER SPRINGS, FLORIDA
ANDREA LORENW-LUACES
City Clerk
JOHN F. BUSH
Mayor
Approved as to legal form and sufficiency for
the City of Winter Springs only:
ANTHONY A. GARGANESE
City Attorney
First Reading
Posted
Second Reading and Public Hearin2
D:\MUNlCIPAL\WiDterSprings\Ordinance\PoJice, Fire and Parks lmpacl_Fee.wpd
City of Winter Springs
Ordinance No. 2003-04
Page 15 of 15
'4
i;' '.,
Ronald W. McLemore
City Manager
TO:
FROM:
DATE:
SUBJ:
CITY OF WINTER SPRINGS, FLORIDA
1126 EAST STATE ROAD 434
WINTER SPRINGS, FLORIDA 32708-2799
Telephone (407) 327-1800
MEMORANDUM
Mayor and Commission
Ronald W. McLemore, City Manager r--
March 6, 2003
Impact Fee Ordinance
Please find attached the Impact Fee Ordinance No. 2003-04 amendments to Public
Hearing "C".
/jp
Attachment
U:\Docs\Word\Memos\Memo 2003\Mar 03\Amendmenllo Ordinance 2003-04,doc
DRAFf 3-5-03
ORDINANCE NO. 2003-04
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
REVISING POLICE AND FIRE IMPACT FEES AND
ESTABLISHING JIMPACT FEES FOR PARKS AND
RECREATION; MAKING SEVERAL CONFORMING
AMENDMENTS TO ELIMINATE REDUNDANT CODE
SECTIONS; ADOPTING SEVERAL PROCEDURAL
AMENDMENTS APPLICABLE TO THE PAYMENT OF IMPACT
FEES; PROVIDING FOR THE REPEAL OF PRIOR
INCONSISTENT ORDINANCES AND RESOLUTIONS;
PROVIDING FOR INCORPORATION INTO THE CODE;
PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the City Commission of the City ofWmter 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 ofWmter
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 adequacy of the City's
current police, fire/rescue and parks and recreation impact fees; and
WHEREAS, LDI has issued to the City an impact fee report entitled, "City of Winter Springs
Impact Fee Analysis Report for Police, FirelRescue and Parks & Recreation," dated November 2002
("Report"); and
WHEREAS, the City Commission hereby finds that the Report legally justifies the continued
imposition of revised police, fire/rescue and parks and recreation 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 Pine lias County v. City of Dunedin, 329 So. 2d 314 (Fla. 1976); Wald v. Metropolitan Dade
County, 338 So. 2d 863 (FIa 3d DCA 1976); Hollywood, Inc. v. Broward County, 431 So. 2d 606 (Fla. 4th
DCA 1983); and
WHEREAS, the City Connnission finds that Section 163.3202(3), Florida Statutes, encourages the
use of innovative land development regulations which includes the adoption of "impact fees," and
City of Winter Springs
Ordinance No. 2003-04
Page 1 of 15
i
DRAFT 3-5-03
WHEREAS, the City Commission also finds that the impact fees required by this Ordinance are
necessary to mitigate impacts reasonably attnbutable 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
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 ofthe cost of expanding new public
facilities and services attnbutable to new development; and
WHEREAS, this Ordinance is enacted pursuant to the Florida Municipal Home Ru1e Powers Act,
Chapter 163, Florida Statutes, the City ofWmter 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 VllI, 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):
ARTICLE vm. IMPACT FEES
* * *
DMSION 3. POLICE. FIRE. AND PARKS AND RECREATION
PUBLIC SAFETY FACILITIES
Sec.9-391. PoH(e public safety impact fee. Generally.
[Police pt1bIic safety nnpad fix, plOmom ale set furth haem as sections 9-391.1 thIOtlgh 9w391.12.]
The city commission hereby establishes police. fire. and parks and recreation impact fees
under the requirements of this division The City Commission finds that the Florida Growth
MaIlBiement 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
City of Winter Springs
Ordinance No. 2003-04
Page 2 of 15
DRAFf 3-5-03
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 e~anding new public facilities and services attnbutable to new development. This
division is enacted pursuant to the Florida Municipal Home Rule Powers Act. Chapter 163.
Florida Statutes. the City ofWmter Springs Comprehensive Plan. and other applicable law
authorizing a municipality to set rates. fees. and charges for new development.
Sec. 9-391.1. Levy and purpose.
For the purpose of helping to defray the cost of new or expanded police. fire. and parks and
recreation facilities an~ 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 offees, 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 report
pr~pared by Land Design Innovations. Inc. entitled. "City of Wmter Springs Impact Fee Analysis
Report for Police. Fire/Rescue and Parks & Recreation." dated November 2002.
See. 9-391.2. Definitions.
Unless otherwise ~ed herein, the definitions, classifications and uses shall be as set forth
in the City ofWmter Springs Land Development Code.
till Building permit: Any building or construction permit required under the Wmter Springs
Building Code, Chapter 6 of this Code.
(b) Fire public safety facilities capital improvements: The land. building. facilities. vehicles and
equipment necessary for the fire department of the ci1)' to provide firefighting and fire protection
services and paramedic services to the citizens ofWmter Springs.
W Nonresidential: Includes all land uses not otherwise specified as residential or exempted as
set forth in this division. This shall include, but is not limited tOa..day Care facilities, residential care
facilities, nursing homes, boarding houses, home occupations, educational facilities, libraries,
cultural facilities, churches, all commercial uses, all transient lodging and entertainment facilities
except those which are temporary in nature, all automotive facilities and/or structures, all
miscellaneous business uses and services and all industrial uses.
City of Winter Springs
Ordinance No. 2003-04
Page 3 of 15
..
DRAFf 3-5-03
(d) Parks and recreation facilities capital improvements: The land. buildings. facilities. vehicles.
and equipment necessary for the parks and recreation department of the city to provide parks and
recreation services to the citizens ofWmter Springs.
(stl Police public safety:fucilities capital improvements: The land, buildings, facilities, vehicles and
equipment necessary for the police department of the city to provide police protection services to the'
citizens of Winter Springs.
ill Residential: Includes single-family dwellings, multifamily dwelling units, mobile homes,
accessory dwelling units, accessory residential structures.
Sec. 9-391.3. Applicability and exemptions.
W This division shall apply to all new construction within the city limits except the following:
(1) Expansion of a residential dwelling unit not creating another dwelling unit; and
(2) Remodeling or rebuilding of any structure; and
(3) Construction under any building permit originally issued during the year preceding
the effective date ofthis division; and
(4) Temporary activities and uses including, but not limited to temporary construction
and temporary commercial amusements; and
(5) Public service structures; and
(6) Publicly owned and operated buildings or structures used for general governmental
purposes (to include but not limited to sewer, stormwater, police, fire, ground
transportation, solid waste, parks, recreation and cultural purposes); and
(7) Construction associated with raising animals; and
(8) Construction related to agriculture.
(b) In addition. nonresidential development shall be exempt from parks and recreation impact
fees.
City of Winter Springs
Ordinance No. 2003-04
Page 4 of 15
DRAFT 3-5-03
Sec. 9-391.5. Payment of fees.
(a) Time of payment. The impact fees required to be paid under this division shall police public
safi:.ty facilities fee .is to be paid pliO! to 01 in conjunction with the issuance of a building permit. but
in no case shall the building permit be issued until all outstanding impact fees are paid in full to the
~
(b) Method of payment. Impact fees shall be paid in cash unless the city commission. at its Sole
and absolute discretion. specifically accepts an in-kind contnbution of land or capital facilities for
public use which is reasonably related to the PUQ)Ose of the credited impact fee. Credit for any
in-kind contribution shall be on a fuir market value basis as of the date the city commission accepts
the offer of such contribution. The fair market value of any land accepted as an in-kind contribution
shall be based upon an appraisal of its highest and best use then allowed under itl-s the city's current
land use and zoning designatio~. The appraisal shall be performed by a certified appraiser. licensed
to do business in Florida. acceptable to the city. Such appraisal shall be paid for by the donor. No
credit will be granted pursuant to this section unless the contnbution of land or capital facilities for
public use has been or will be included in the capital asset inventory of the department of the city for
which the impact fee is imposed.
(c) Amount offee. The following impact fees are hereby adopted: The police public safety
faeilitks to be paid pI rol to 01 in cOrUunction with the isswmcc of a building pel1nit shaH be. Ie v icd
based upon the roHowing rounma and ill the foHo~ing amonnts.
(1) Residential.
(CAI xRC)IRDU - Cost pel d~elting unit.
(2) Non-Icsidential.
(CAI x NC),'NSF - Cost per sqtl31c fOot ofnon-residcntial dcvdopnlCnt.
CAI
RC -
NC ..
RDU ..
NSF -
Capital asset inventory.
Pel cent residential caHs.
PClccntagc of n011fCsidential caHs.
Nmnba of residential d~eHihg mlits
NOI}-l~cknt.ial sqtJa1G rootage (Non-Iesidential fee shaH be
kv.icd upon that portion of a stI nc.tme 'Which is classified as
110mcsidential).
City of Winter Springs
Ordinance No. 2003-04
Page 5 of IS
c'
DRAI<13-5-03
(1)
Fire:
(i) Residential:
(n) Non-residential:
$0.086 per square foot.
$0.350 per square foot.
(2)
Police:
0) Residential:
(n) Non-residential:
$0.113 per square foot.
$0.300 per square foot.
(3)
Parks and Recreation:
(i) Residential:
(n) Non-residential:
$0.834 per square foot.
None. ,
Sec. 9-391.6. Credits.
In addition to the discretionary credits authorized by the city commission under section 9-391.5(b).
Aan applicant for a building pennit shall be entitled to a credit against future impact fees assessed
pursuant to this division for contnbutions, dedications, or improvements required by the city or
through agreements with the city as a condition of any development pennit by the city, and said
credit shall be an amount equal to the fuir market value of any contribution of land or capital facilities
for public use. The impact fee credit and the applicable contrIbution. dedication. or improvements
must be reasonably related. The fuir market value shall be determined as of the date the city
commission accepts the offer of such contribution. The fuir market value of any land accepted for
credit of future impact fees shall be based upon an appraisal of its highest and best use and then
allowed under its the city's current land use and zoning designatio~. The ~praisal shall be
performed by a certified appraiser. licensed to do business in Florida acceptable to the city. Such
appraisal shall be paid for by the donor. No credit will be granted pursuant to this section unless the
contnbution of land or capital facilities for public use was made within the year preceding the
effective date of this division, and the contribution of land or capital facilities for public use has been
or will be included in the capital asset inventory of the potiee department of the city for which the
impact fee is imposed..
Sec. 9-391.7. Establishment ofa 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:
ill Police Protection Capital Expansion Trust Fund.
(2) Fire Protection Capital E~ion Trust Fund.
City of Winter Springs
Ordinance No. 2003-04
Page 6 of 15
~i
DRAFT 3-5-03
(3) Parks and Recreation Capital Expansion Trust Fund.
(b) Use of Funds. The amounts in the impact fee police protection c.apita:l expansion trust fund~
shall be exclusivebr used only for the purpose obtained in the title of such fund and for no other
purpose. Expenditures from the fund shall be specifically approved by the city commission and shall
be limited to the expansion acquisition of capital facilities or equipment made necessary by the new
construction from which the fees were collected or for principal payments (including sinking fund
payments) on bonds to expand or acquire such facilities or equipment. Before authorizing an
expenditure from anyone of these trust funds, the city commission shall determine that:
(1) Such expenditure is for: capital mcilities or equipment to be used for the purpose
contained in the title of the trust fund from which the expenditure is to be made; and
(2) Such expenditure is made necessary by the new construction from which such funds
were collected; and
(3) Such expenditure shall result in a benefit to the new construction from which said
funds were collected.
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
its their respective individual funds which shall be for a period of no less than one (1) year. The police
~ department's plan shall be reviewed and approved by the city commission at least annually
during the budget review process.
Sec. 9-391.9. Refunds.
Refimds of polkx. pubIk satCty mcitities the impact fees paid hereunder may be allowed upon
application thereo~ when it is determined that no construction under a building permit has occurred,
and the building permit issued for such construction has expired or otherwise been cancelled.
See. 9-391.10. Vested rights.
(a) A developer or successor in interest of land 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. 2003-04
Page 7 of 15
Cl
DRAFT 3-5-03
(1 ) There exists a valid, unexpired government act of 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-;
ill Common Jaw principles of equitable estopJ>el 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) Whether the expense or obligations were made or incurred subsequent to May 14,
t996 November 1. 2002, after which day the adoption of the impact fees required by this
division was pending; and
(3) Whether the operation of this division would create an enoncous inordinate burden
which would prevent petitioner from malcing a reasonable return on his investment.
(c) The city shall not pennit the extension of a building pennit 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 police SCI vice ttupact, police impact fees required by this division and their
designated uses, or contributions to the capital asset inventory of the poJiee respective department~,
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.
Sec. 9-391.11. Penalty for violation.
Violation of this division shall constitute a misdemeanor of the second degree and shall be
subject to penalty pursuant to applicable code enforcement procedures. Notwithstanding the criminal
penalty provided for herein, the city may obtain an injunction or other legal ill equitable relief in the
circuit court against any person violating this division.
City of Winter Springs
Ordinance No. 2003-04
Page 8 of 15
~i
DRAFT 3-S~3
Sec. 9-391.12. AppeaL
Any person aggrieved by any portion of this di v ision shaH administrative decision by the city
may appeal directly to the city commission To file an appeal, an individual must file an application
with the city manager and submit such information and documentation with said application as may
be required by the city manager. The city manager shall make a determination as to the sufficiency of
the application. An application for appeal must be filed with the city manager within thirty (30) days
of any action taken by the city for which a person is aggrieved. Any decision of the city commission
on the application shall be final and subiect to iudicial review.
Section 3. Repeal Chapter 9, Article VID, Division 4, Fire Public Safety Facilities. The City
ofWmter Springs Code, Chapter 9, Article VIII, Division 4, Fire Public Safety Facilities, is hereby repealed
in its entirety (strikeout type indicates deletions):
DIVISION 4. FIRE PUBLIC SAFETY FACILITIES
See. 9~396. Fire public safety facilities impact fee.
[Fne public safety irnpac,t fee pro~ions arc set forth hcrcin as sections 9-396.1 thro~ 9-396.12.]
Sec. 9~396.1. Levy and purpose.
F"Or the purpose:. of helping to elena, the cost of nc,w 01 expanded fite. fac.ititic.s and
equipmctit attributable. to n"w constIoction within th" dty limits, impad fees ate, h~lcby le-ricd on
new conshtlCtion within th" city limits in accordancc with the 1'10 visions of section 9-396.5, payment
of fees, and other provisions of this di~ion. This dnision is mocndcd to be consistent with the
prnldpals for aHoe.ating a fait share. of the. e.ost ofI1(.~ public fadlitic.s to ncw users as e.stablished by
the Flolida Supreme Court.
Sec.9396.2. Definitions.
Unk::ss othc,rwisc:. specified he.rdn, th" definitions, e.lMsific.ations and uses shaH Ix as set forth
.in the. City ofWintu Springs Land Developmcnt Code.
Duilding permit. An, building 01 construction pc.rmit rcqtrite.d under th" \Vinta Sptings
Dtrilding Code, Chapter 6 of this Code.
Fite. publie..wety fac,mties capital nnp1ov~mGllts. DIG 1md, building, faGilities, vchicles and
equipment necessary for th" fit" department oftllG e.ity to provide fitefighting and fite. protection
se:.niCGs and paramcdi." sel viCGs to the dti2ats ofWmtel Sptnlgs.
City of Winter Springs
Ordinance No. 2003-04
Page 9 of 15
DRAFT 3-5-03
Nomc.sidcntial. Indudc:.s all land tlSCS not othel wise spec.ified as w~idc:.ntial 01 c.xcmpted as
S(.t furth herdn. This shaH indudc., btrt is not limited to day GMC fac.ilities, lesidcntial GMe mc.ilitics,
nursing homes, boMding houses, home occupations, cduc.ational fadlitks, hbt:m:~s, eultmm fac,ilities,
chmehcs, all comtl1GIC..ia:I. tlSCS, all transient lodging and entc..rtainment fadlities except those which
arc tc.mpoun-, in nature., all at1tomoti~c. fucilities andfol stHlGtureS, all misccHaneous business tlSCS
and ~I ~ kcs and all industrial tlSCS.
Rcsidc:.lltm IndudGs singlc-furnily dwellings, mnltj..fiunily d~cHing units, mobile homes,
accessory dwelling units, accessory lcsidcntia:l. stIuctmc.s.
Sec. 9...39603. Applicability and exemptions.
This division shaH apply to all nG~ constIoction within the c.ity limits c.xcept the foHowmg.
(1) Expansion of a residential dwelling unit not CIc.ating another dwc.Hing unit, and
(2) RGmodding 01 Icbtrilding of any sttuctmc., and
(3) COllsttoction under any building peuuit OliginaHy issued dming the yc.m: plc.ceding
the. dlixtive date. of this Ordinance No. 488 [July 9, 1990], and
(4) TCMpOlary acti~ies and tlSCS induding, but not limite.d to tCmpOHU.)l conshuctron
and tanporary COmtnelCial amusements, and
(5) I'ublic servicG stt uctnres, and
(6) I'ublicly owned and opaatc.d building 01 shuctmcs tJSCd fur genom gOvc.mmellta:l
pmposes (to indudc. but not limited to s('WC.l, stormWMcl, fire, ground tIamportation, solid
~aste, parks, rccleation and ctdtmm purposes), and
(7) Construction assodated with utising animals, and
(8) ComtrtlCt:ion leJated to agrictdtmc..
Sec. 9 396.4. Determination of xe amounts.
Impact tees shaH be. dc:.te.nrnlled and lev.tewed at lc,ast c.very othet yc.m: in acc.ordance with a
detailed analysis ofprojcx;tcd constltlctron within tllG city limits, the GOst of any expanded 01 new
capital facilities and cqtlipmctlt rot fire public sc.nicG facilities gGnclMcd by snc.h eonstmction. and the
moncy otheI wise a~ailable to rnc:d Sl1Ch costs. The city con~ion. may annually adjmt the
established impact fee late to ICflcd the. ehanges in tllG cost of Idevant capital facilities and
City of Winter Springs
Ordinance No. 2003-04
Page to of 15
~.
DRAFf 3-5-03
equipment. AM ehanges 01 adjuStlllCIttS ill the estabJished impact fee IaOCS shaH be made, by ordinancc
and shaH appl) only to consh.uction for which building fX-~nlits Me .issued afteI the effecth>c date. of
such 01 dinallce.
Sec. 9~396.5. Payment of fees.
(a) Time of payment. The me public safe~ facilities fee is to be paid pliol to 01 in co~mlction
with the issuancc of a building permit.
(b) Method of payment. In.1p3ct fcGs shaH be paid in cash mlkss the, eity commission ~ificaH,
accepts an in-kind contIibutioIl of land or eapital. fucilitiGs fuI public me. Credit tOI Ml)i in-kind
contdbtttion shaH be on a fait nwkct value. basis as of the date the city commission accepts the. offer
of such contIibution. The fitir market valtlC of ml} land accepted as an in-kind contdbution shaH. be
based upon an appraisal of its highest and best use then aHowed under its etUlent land use
designation. Such appIa.15al shaH be paid ful by tbe donor.
(c) Amount offee. The UK public, safety facilities to be paid pliol to 01 in conjtmetion with the
issuance of a btJi:lding pclmit shaH be Ie v icd based upon the folIo wing foIIl1tl:la mld in the fuHowing
amoml:t5.
(1 ) Residential.
(GAl X RC)/RDU'" Cost pet dwelling mrit.
(2) Non-residential.
(CAI X NC)INSF'" Cost pet square foot of non-residential dC\ielopment.
CAI
RC
NC
RDU
NSf
..
Capital asset inventory.
rct~'1d Icsidcntial calls.
:Percentage ofnoI1rCsidcntia:l c.aHs.
Nmnbc:t: of 1 esidentiai dwelling mnts.
Nomesidentia:l sqtJale fuotage (Non-Ic.sidcntia:l fee sha:H. be
levied upon that portion of a strtlCtmc. which is classified as
110nrc.sidc.ntial).
...
...
Sec. 9~396.6. Credits.
An applicant for a building peImit shaH be entitled to a eledit agaimt future impact fees
assessed pU1~t to this Ordinance for contributions, dediGations, 01 imptovemcnts required by tILe.
dty 01 through agrccmcnts with the eit) as a condition of an:Y development pctilht by the en" and
City of Winter Springs
Ordinance No. 2003-04
Page 11 of 15
,0
DRAFT 3-5-03
said credit shaH be an amonnt equal to the fair mmket value. of any contribution of land or capital
facilities ror public use. The fait matkct '\1alnc shaH be determined as of the date. thc city conmnssron
accepts the oBb of such oont1.ibution. The fair nwket value of any land accepted for credit offutulc
impact fees shaH be based upon an appraisal of its highest and best me and then aDo ~ed tmdc.r its
CUUGnt land me. designation. StICh appraisal shaH be paid for by the dOM!. No credit ~iH. be glanted
pmsuant to this scction unless the contribution of land 01 capital facilities for publie use ~as made
~ithin the y(,M preceding the effective date. of this Ordinance No. 4788 [July 9, 1990], and the
cont1ibtltion ofland or capital facilities for pubic use has been or ~iH. be included in the capital assct
in'\1cntory of the me dqwtrnent of the city ofVv'intcJ: Spdngs.
See. 9~396.7. EstabHshment ora trust fund.
(a) The .inlpact iCes coHcetcd by the crt} pursuant to this division shaH be kept scpalate. fiOIn
other r~e11tlC of the city and a capital expansion trust mId is hereby created. Fitc Protection Capital
L'Xpansron Trost Ftmd.
(b) Use offunds. The amotmts in the:fire plotec.tion capital expansion trust fund shaH be used
only ror the pmpose contained in thG title of stICh fund atId for no other purpose. Expcnditmcs fiom
the. fund shaH be spccmcaHy appro ved by the city conltl~ion and shaH be limited to the
expansion/acquisition of capital facilities or equipulC,nt made necessary by the. new construction fiOln
which the fees were ,0Reeted or fur principal payments (including sinking fund paymGnts) on bonds
to expand or acquire StICh f.:tciJi.tics or equipmcnt. Derore authorizing an GxpcnditwG fioIn any one of
these trust funds, the city co1t1n.1ission shaH dete.UnillC tlt:rt.
(1) Such expcndittuG is fur capital facilities or equipnICnt to be nscd fol the purpose
contained in the title ofthc trwt fund fioIn which the expcnditttrc is to be made, atld
(2) Such expenditmc is made necessary by the new constItlction fionl which such funds
were collected, and
(3) Such ex:pcnd:iturc shaH lesult in a benefit to the new conshuctioll :6:onl whic.h said
funds were coHecte-d.
See. 9-396.8. Capital txpansfion plans.
The, dty's file ~tl.llcnt, which is to receive fUnds coHceted pmstlallt to this .ir.l.lpact fee
ordinance shaH prepare and maintain a capital expansion plan fOr its individtta:l finl~ whiGh shaH be
for a period of no kss than OIIC (1) yeat. The file department's plan shaH be R"kwed and apploved
by the city commission at kast annually dming the budget rG~ew proce~.
&c. 9~396.9. Refunds.
City of Winter Springs
Ordinance No. 2003-04
Page 12 of 15
,
- ,-
DRAFT 3-S-OJ
Rdlmds of me public safut} fac.iJities kcs paid heletmdcl may be allowed upon application
thelefor when it is detenmncd that no constIuctiontluda a building peInlit has OCGtI:t1'Cd, and the
building petmit isstted ft)f StlCh GOIlStt uction has expired 01 otherwise. been eanedkd.
Sec. 9..396.19. Vuted rights.
(a) A developer 01 StlCcc.SS01 in intelest of land which has Icc.civcd a bnild:in.g pemnt nlaJ
petition the city colmnissioll Eo! a l'estcd lightS detet:mil1ation which would exc.mpt the petitioner
tronl the plovisions of this di~n. Such petition shaH be cva:lnated by the dry attornc, and a
!COOmnlCndation thereon Stlbmittcd to thG city conurrission based npoll the following elitaia.
(1) There exists a valid, tmGxpiIed govCImlCnt ad of autholizing a specific dCvelopn.lcnt
Eo! which a dcternnnation is sought,
(2) Dxpcnditmcs 01 obligations made. 01 illeuued in reliance upon the authoIi:rill~ act
that are I~ cquivralent to the recs rcqniIcd by this division;
(3) That it wotdd be incqttit<lbk to deny the petitionel the opportmnry to con1plcte. the
previomly approl'cd del'elopment mtdcl the. conditiom; of approval by requiting the
~elopcI to conlpl, with the rcqniIcments of this division.
(b) FOI the purpose of this section, the fuHowing factOIS shaH be considered in detGlminirtg
whether it would be inequitable to deny the petitione.1 the, opportmnt, to complete thG ptGviomly
apptOl'OO d~elopmcnt.
(1) 'Nhcther the, injmJ Sttffi:.led by the petitioncl ontweigm the public, cost ofallowing
the development to go fOI wald without payment ofthG fix. rcqtJiIed by this dil'ision;
(2) Whether the expense 01 obligatioilll wac nladc 01 mctl1'lcd 5ttbscqucnt to May 14,
1990, moc! which day the adoption of this Ordinance was pwding, and
(3) Whether the opelation of this division would ercatG an elrollcom bmden which
would pt"Cvent petitioner nom making a rcasonabk Ictmn on tm; imestment.
( G) The city shaH not pcullit the extemion of a btrilding pcdlIit beyond the initial timG ful
actil'Mion without the applicant complyin~ with this Ordinaure.
(d) If a ptGviomly appJovGd development Older 01 othcl binding agreemcnt conta.ined
conditions tcga1din~ fire. SCI vice impacts, .fir(. impact fees and their designated USGs, or eontl:ibtrtions
to the capital asset inventory of the fire department, the developer 01 his StlCCCsoor may Icque.st a
modification. of such prior applOlak in order to mitiS thc appro val conditiom; into com;~,.
City of Winter Springs
Ordinance No. 2003-04
Page 13 of 15
4 ...:~
DRAFf 3-5-03
Sec. 9--396.11. Pena'" fur y iolation.
Violation of this di~ion shaH. constitute a rnisdem.GMtOI of the second dcgtee.
Notwithstanding the critninal penalty ptovidcd fur hetein, the crt, may obtain an injtmction 01 OthCI
kgal equitable relief in the ciIcnit com against.my pason violating this Ordinance.
Sec. 9~396.12. Appt:al.
Any person aggric.vcd by any portion of this di~ion shaH appca:l ditc.etly to the, dry
eommis5ion. To file an appeal, an individual nn:JSt :file an applie,ation with the cit} manager al1d
submit sneh iIrfonmtion and doctJ1llCntation with said applkation as may be Icqtrircd by the city
rnanagGI. The city Inanage.r shaH.make a dcteHuination as to the sufficiency of thc a.ppJic..ation. An
appliGation fOr ~ must be filcd with the city manager ~ithill thirry (30) days of any action takcn
by the city for which a ~son is ~iGvcd.
Section 4. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent
orclinances 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.
Section 5. Incorporation Into Code. This orclinance shall be incorporated into the Wmter
Springs City Code and any section or paragraph number or letter and any heading may be changed or
IOOdified as necessary to effectuate the foregoing.
Section 6. Severability. Ifany section, subsection, sentence, clause, phrase, word or provision
of this orclinance 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
orclinance.
Section 7. Effective Date. 1bis Ordinance shall become effective innnediate1y upon adoption
by the City Commission of the city ofWmter Springs, Florida, and pursuant to City Charter.
[signatures on next page]
City of Winter Springs
Ordinance No. 2003-04
Page 14 of 15
.. ,,. .,. ~
DRAFT 3-5-03
ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular meeting
assembled on the _ day of , 2003.
ATTEST:
CITY OF WINTER SPRINGS, FLORIDA
ANDREA LORENZO-LUACES
City Clerk
JOHN F. BUSH
Mayor
Approved as to legal form and sufficiency for
the City of Winter Springs only:
ANTHONY A. GARGANESE
City Attorney
First Reading
Posted
Second Reading and Public Hearing
D:\MUNICIPAL\Winler Springs\Ordinance\Poliu. Fire and Parks lmpacl_Fee.wpd
City of Winter Springs
Ordinance No. 2003-04
Page 15 of 15
<.
CITY OF WINTER SPRINGS, FLORIDA
1126 EAST STATE ROAD 434
WINTER SPRINGS. FLORIDA 32708-2799
Telephone (407) 327-1800
Ronald W. McLemore
City Manager
5~~~(05
'--r~<; A<)~~ ~
k~~\ C) '--'''- /"--
3/l0( Z;)5 LA-'-~
'"'"'\\ I \ I () {(
rvLGc~~~\ '-
MEMORANDUM
TO:
Mayor and Commission
Ronald W. McLemore, City Manager r
FROM:
DATE:
March 10, 2003
SUBJ:
Impact Fees
The City Attorney, representatives from L.D.I. and I met this morning to do some fine
tuning to the proposed impact fee ordinance. These refinements resulted in some
additional ordinance language and minor changes to the rates.
Below is a table of current rates, rates proposed by the study, and final proposed rates.
Fees are noted in either pu (per unit) or psf (per square foot).
Current
Staff Recommended
FirelRescue Residential
FirelRescue Non-Residential
Police Residential
Police Non-Residential
Parks Residential
Parks Non-Residential
$103.63 pu
$0.28 psf
$215.83 pu
$0.41 psf
$300.00 pu
$0
$0.086 psf
$0.35 psf
$0.113 psf
$0.30 psf
$0.834 psf.
$0
FISCAL IMP ACT:
The final revised recommended impact fee is estimated to generate the following revenue
through build out:
FirelRescue
Police
Parks
$4,099,918
$2,004,024
$1,500,353
(1)
~
The table below shows the impact of the final proposed fees on a 2,500 square foot home
valued at $175,000.
Current Impact Fee
Proposed Impact Fee
Police
Fire
Parks
$215.83
103.63
300.00
$106.42
174.00
902.96
031003 Impact Fee Memorandum
(2 )
"
Attachment No.2
2003 DEVELOPABLE LANDS - UNADJUSTED RATE SCHEDULE
Fire Impact Fee:
Residential: $0.086 per sq-ft
Non-residential :r:::jqi!,~( per sq-ft
Residential: .. J9:,1..1,~.. per sq-ft
Non-residential :/tl~:~tt1i~ per sq-ft
Residential: $0.834 per sq-ft
CREDITS
$41.00 per DU
$41.00 per customer
$176.08 per DU
$176.08 per customer
$1,182.03 per DU
Police Impact Fee:
Parks Impact Fee:
ASSUMPTIONS:
Mixed Use:
50% ResidentiaV50% Commercial
2,500 sq. ft. average dwelling unit
Town Center:
75% ResidentiaV25% Commercial Greenway:
2,000 sq, ft. average dwelling unit
25% Residential/75% Commercial
1,700 sq. ft. average dwelling unit
1) Residential credits based upon payment of impact fees in year 2003, with an average 2,500 square-foot house with a $175,000 value_
2) Non-residential credits based upon payment of impact fees in year 2003 with an average 1,0 acre parcel,
3) FLUM Acreage from the Comprehensive Plan
3/10/2003
(3)
"
Attachment No.3
2003 DEVELOPABLE lANDS - ADJUSTED RATE SCHEDULE
Fire Impact Fee:
Residential: ......o.:,o.~,~, per sq-ft
Non-residential'\)J),~{t per sq-ft
Residential: ,....,9,:11}, per sq-ft
Non-residential t::/P:ilM:: per sq-ft
Residential: 0.834 per sq-ft
CREDITS
$41.00 perDU
$41.00 per customer
$176.08 per DU
$176.08 per customer
$1,182.03 per DU
Police Impact Fee:
Parks Impact Fee:
ASSUMPTIONS:
Mixed Use:
50% ResidentiaV50% Commercial
2,500 sq. ft. average dwelling unit
Town Center:
75% ResidentiaV25% Commercial Greenway:
2,000 sq. ft. average dwelling unit
25% ResidentiaV75% Commercial
1,700 sq. ft. average dwelling unit
1) Residential credits based upon payment of impact fees in year 2003, with an average 2,500 square-foot house with a $175,000 value,
2) Non-residential credits based upon payment of impact fees in year 2003 with an average 1,0 acre parcel,
3) FLUM Acreage from the Comprehensive Plan
(4)
FIRE IMPACT FEE SUMMARY
..
Fire impact fees include both a residential and a non- residential component as both land uses place
demands on fire public services. Fire impact fee amounts were calculated based on historical capital
improvement expenditures by the City of Wmter Springs necessary to provide the current level of
service standard. Based upon the historical expenditures, the justified base fire impact fees are:
Residential:
Non- Residential:
$0.086 per square-foot
$0.948 per square-foot
Oedits applied to the base fire impact fee are owed to new development to offset payments new
development will occur in the form of Personnel Service Taxes and Franchise Fees (PST/FF) which
are then used to retire previous bonds floated by the City of Wmter Springs to finance past fire
capital improvements. These annual fees are paid out over the life of the bonds. As such, a single
credit is applied to the calculated fire impact fee on a per customer basis. TIlls credit is equal to the
present day value of the StUll of all annual PST/FF collected over the life of the bonds and is
dependant upon the year in which the impact fees are paid. The following represents the total credit
amount due for fire impact fees paid over the next five years (credits were only determined for the
next 5-years as the impact fees would then require re-evaluation).
I Impact Fee Pay:ment Year Total Credit Due
, I
2003 $41.00
2004 $39.87
2005 $38.64
2006 $37.34
2007 $35.94
. Credits have been determined through 2007. A reassessment of the impact fee should be provided prior to 2007.
Based upon the projected fire service needs through estimated build-out of the City of Wmter
Springs, the City's Fire Department has decided to provide a Non-Residential Fire Impact Fee
discount of 65.61 %. 1his discount is being applied such that the projected fire impact fees collected,
based upon the amount of remaining developable land within the City, is more in line with the
anticipated capital expenditures necessary for fire services and to arrive at an impact fee amount
consistent with the surrounding jurisdictions.
The following is an example of a fire impact fee calculation:
Residential Fire Impact Fee paid in 2003 based upon 2.500 sq-ft house
(2,500 sq-ft) ($0.086/ sq-ft) - ($41.00)
= $174.00
(Note if the impact fee is paid in 2004, the total credit would be $39.87 and the resulting fire impact
fee for a 2,500 sq-ft house would be $175.13)
Non-Residential Fire Impact Fee paid in 2003 based upon 10.000 sq-ft building
((10,000 sq-ft)($0.948/sq-ft)(34J9%)) - ($41.00)
$3.219.17
(Note if the impact fee is paid in 2004, the total credit would be $39.87 and the resulting fire impact
fee for a 10,000 sq-ft building would be $3,220JO)
(5 )
POLICE IMPACT FEE SUMMARY
Police impact fees include both a residential and a non- residential component as both land uses
place demands on police public services. Police impact fee amounts were calculated based on
historical capital improvement expenditures by the Gty of Wmter Springs necessary to provide the
current level of service standard. Based upon the historical expenditures, the justified base police
impact fees are:
Residential:
Non- Res idential:
$0.113 per square-foot
$1.777 per square-foot
Credits applied to the base police impact fee are owed to new development to offset payments new
development will occur in the form of Personnel Service Taxes and Franchise Fees (PST/FF) which
are then used to retire previous bonds floated by the Gty of Wmter Springs to finance past police
capital improvements. These annual fees are paid out over the life of the bond. As such, a single
credit is applied to the calculated police impact fee on a per customer basis. 1his credit is equal to
the present day value of the sum of all annual PST/FF collected over the life of the bond and is
dependant upon the year in which the impact fees are paid. The following represents the total credit
amount due for police impact fees paid over the next five years (credits were only determined for
the next 5-years as the impact fee would then require re-evaluation).
Impact Fee Paxment Year Total Credit Due
I
2003 $176:08
2004 $169.77
2005 $163.02
2006 $155.79
2007 $148.05
. Credits have been determined through 2007. A reassessment of the impact fee should be provided prior to 2007.
Based upon the projected needs through estimated build-out of the Gty of Wmter Springs, the
Gtis Police Department has decided to provide a Non-Residential Police Impact Fee discount of
90.77%. 1his discount is being applied such that the projected police impact fees collected, based
upon the amount of remaining developable land within the City, is more in line with the anticipated
capital expenditures necessary for police services and to arrive at an impact fee amount consistent
with the surrounding jurisdictions.
The following is an example of a police impact fee calculation:
Residential Police Impact Fee paid in 2003 based upon 2,500 sq- ft house
(2,500 sq-ft)($0.113/sq-ft) - ($176.08)
$106.42
(Note if the impact fee were paid in 2004, the total credit would be $169.77 and the resulting police
impact fee for a 2,500 sq-ft house would be $112.73)
Non-Residential Police Impact Fee paid in 2003 based upon 10.000 sq-ft building
((10,000 sq-ft) ($1.777 /sq-ft) (9.23%)) - ($176.08)
$1.464.09
(Note if the impact fee were paid in 2004, the total credit would be $169.77 and the resulting police
impact fee for a 10,000 sq-ft building would be $1,470.40)
(6)
PARKS IMPACT FEE SUMMARY
Parks impact fees include only a residential component, as non- residential land uses do not place
demands on park public services. Park impact fee amounts were calculated based on historical
capital improvement expenditures by the Gty of Wmter Springs necessary to provide the current
~evel of service standard. Based upon the historical expenditures, the justified base park impact fee
15:
Residential: $0.834 per square.foot
Credits applied to the base park impact fee are owed to new development to offset payments new
development will occur in the form of Personnel Service Taxes/Franchise Fees (PST/FF) and voter
debt service applied as a specific millage assessments which are then used to retire previous bonds
floated by the Gty of Wmter Springs to finance past park capital improvements. These annual fees
are paid out over the life of the bonds. As such, a credit is applied to the calculated park impact fee
on a per customer basis. The total credit is equal to the present day value of the sum of all annual
PST/FF and millage assessments collected over the life of the bonds and is dependant upon the year
in which the impact fees are paid.
The calculation of the Parks Credit is composed of two parts 1) a PST/FF Credit and 2) a Millage
Credit. The following describes both parts of the parks credit amount due for park impact fees paid
over the next five years (credits were only detennined for the next 5-years as the impact fees would
then require re-evaluation).
1) PST /FF Credit: The PST/FF credit is a fixed credit amount depending on the year the
impact fee is paid and is equal to the amount indicated below.
ImpactlFee PST/FF
Payment Year Credit
I
2003 $639.13
2004 $630.55
2005 $621.37
2006 $611.54
2007 $601.03
. Oedits have been determined through 2007. A reassessment of the impact fee should be provided prior to 2007.
2) Millage Credit: The Millage Credit is dependant upon the residential property value and is
calculated as follows:
A Detennination of Average Property Value per Residential Square-Foot. The average
property value per square- foot shall be detennined on January 1 of each year in which the
impact fee is to be paid using data provided by the Seminole O:>unty Property Appraiser as
follows:
120% of the total assessed value of all residential property within the Gty of
Wmter Springs, Florida divided by the total residential square-footage within
the City of Wmter Springs, Florida.
* 120% of the assessed value is being used as the Property Appraisers assessed value is typically 80% to 85% of
the fair market value for a property.
( 7)
B. Calculation of Millage Credit associated with the Limited General Obligation Bond - Series
2002. The following formula shall be used in the calculation of the millage credit.
(Building Sq-Ft) x (Ave. Property Value per Sq-Ft.) x (Millage Rate) x (present Day Factor)
Where:
Building Square-Footage = Square- Footage of proposed residential dwelling;
Ave. Property Value per Sq-Ft. = Determined pursuant to Section A above;
Millage Rate = 0.25 as associated with the Limited General Obligation Bond
- Series 2002;
Present Day Factor = See table below.
I Beginning PaYl!nent Year Present Day Factor -
i I
2003 12.40904
2004 12.27767
2005 12.13711
2006 11.98671
2007 11.82578
The total park credit due is equal to the sum of the PST IFf credit and the Millage credit.
Upon determination of the total parks impact fee credit, the parks impact fee due is calculated as
follows:
Parks Impact Fee = (Building Square-Footage) x (Impact Fee Rate) - (Total Credit)
The following is an example of a paoo impact fee calculation:
Residential Park Impact Fee paid in 2003 based upon 2.500 sq-ft house
1) PST/FF Credit is $639.13
2) Millage Credit (Asswne Average PropenyValue perSq-Ft. of $70.00)
= (Bldg. Sq-Ft) x (Ave. Prop. Value/Sq-Ft.) x (Millage) x (present Day Factor)
= (2,500 sq-ft) x ($70.00/sq-ft) x (0.00025) x (12.40904)
$542.90
3)
4)
Total Parks Credit Due =
Calculate Impact Fee
$639.13 + $542.90 = $1.182.03
(2500 sq-ft) x ($0.834) - ($1,182.03)
$902.97
(8 )
IMPACT FEE COST
y~
. .,:-" "'F'!.i.
,.JTEMS:".,,- "
__ 'eOLICE'"
'~',: ' ::-.~ 11RE:i-~; ;b~L
-PARKS ,.
'policeVeh.icles:&. Equiprrrent ,- -, ~" -- "." '_ $959;0@O~
2p:~ts~nir~[;tg_ql]ip1)leI)otL=.,:_ 94, OOO--~~_~/~- j
'RatIar~_[a~its' - ~~'~ ::"- -",-:-,,- - - ,:__,S'ij.,QQ(r~: -~:" :~:'~:JJ
'~~~ci~-C~iner~s~ J, 0, - -, <~:; '< :!~tP~OOg -,' - :-~: ._,-
ProI#erty/B"iueniQtfBqu.'ipmenr -, ' ' '''_ J6,000~ .. ,,' ~ :'
-iF, . .~tA;;' ~ IT TI:~ ~ ~_ -i: ~_=. :_~~~_ _ -' , . ,_ .~ ~ ~ ~ ~..~ _~ <.. '" bnS;Q"'" 4: . ~~ ~ ,
'plilI-tUJ.IiIe=-CJi;<"fpansl0n---- ~= -~- ~_d_~, ~ ff- :'~~, -- -r _,C ; , '- --~---~.:-~ --'--- ""...1"'_ ", vlJr~ ,~"': '::'J-
~~~~E~s/CommUnicatt~~~;I3quipa.leIit--. 239.000 ,c, ,:~
:,:'J;otil.l ,. , -- . ;$Ji99g~OOO' ,_ '
c-Fite:Statiorl
, . . ~~. ..~--, '--;
~:rowetTfuck "
_;'" -':\l:::,..,J "_:,,. _ _ '__ -
;Piim"'etTruck
:, '\.. ..-p~,^" ",' ,:_,~, ".
lM~dicalTtanspoii Unit;, , '
.Tra1Qifig FacUitY'
. TO'tat~,- '
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~~,:-~~'~~g'gg~ " "' I
'-.- -., ".. """ .: I
.' :.3:50 000 ':'1
- ' " .', ,
, ' '::.'. Z50......-'.Q~.QO......~..... -'-:~:'l
. :~~.i&~::~'.,~1
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$1500X)ob:-:~ ---
[a~ IarrAt -"""";'-)' -~:,' ,..>'.:E;~-'j';7-:""3.' "::~~,:,:;1l-99"8~OOO:i;~"ii;',.;;',
',4")',00 000;., t'i .
-1 '~O'O'.'o'.' .O'.'..o..'~,..:-:-:
!.L;-O ,--'....,,-.-;,. -.,
(9)
.j.
TO:
Ronald M~~e, City Manager
Daniel Ke~hief of Police
FROM:
DATE:
February 24, 2003
SUBJECT:
Impact Fee Expenses
During a review of projections for future growth it is anticipated that 22 new police officers, 1 school resource
officer, 1 evidence technician, 1 code enforcement officer, 4 dispatchers, and 2 clerical personnel will need to
be hired to meet the demands of future growth. Therefore, it appears that the Department will grow by at least a
third during the next 7 years. Associated with that growth is a requirement for capital expenses for equipment
and expansion costs.
Listed below are the anticipated expenses but please keep in mind that there may be some expenses that we may
not anticipate that are related to servicing a larger population.
VEmCLES EACH TOTAL
22 vehicles fully equipped (radios, computers, $ 32,000 $704,000
modems, lights, and other emergency equipment
1 Evidence Technician Vehicle $ 35,000 $ 35,000
4 ATV (All Terrain Vehicles) to patrol and $ 4.500 $ 18,000
respond on extended trail system - includes
equipment
1 Code Enforcement Vehicle fully equipped $ 20,000 $ 20,000
1 Command Post Vehicle (to respond to $150,000 $150,000
expanded population - emergency events
and planned events
1 School Resource Vehicle $ 32,000 $ 32,000
TOTAL $959,000
(10)
PERSONAL EQUIPMENT FOR ADDITIONAL PERSONNEL
EACH
$ 4,000
$ 1,500
TOTAL
$ 88,000
$ 6,000
22 Officers - vests, weapons, portable radios
4 Dispatchers - equipment, headsets, chairs, etc.
TOTAL
$ 94,000
CAPITAL EQUIPMENT FOR EXPANSION
EACH
TOTAL
15 Computers
$ 4,500
$10,000
$ 500
$ 67,500
$ 10,000
$ 1,500
$160,000
1 Dispatch Console
3 Desks and office equipment
Computer System Upgrade
$160,000
TOTAL
$239,000
BUILDING EXPANSION AND RELATED EQUIPMENT EACH
TOTAL
Storage facility for property and equipment $110,000
Complete construction costs (to include complete 50 X 50 Building
$110,000
Indoor range facility (members currently use Geneva Range - 4 $265,000
Times a year salary costs are $25,000 plus range fees of$870 per year
$150,000
$265,000
Building expansion for growth $150,000
TOTAL
$525,000
ADDITIONAL SUPPLEMENTAL EQUIPMENT
EACH
TOTAL
22 In car cameras
$ 2,500
$ 5,000
$16,000
TOTAL
$ 55,000
$110,000
$ 16,000
22 Radar units for additional officers
Property and evidence processing equipment
$181,000
GRAND TOTAL
$1,998,000
(11 )
TO:
FROM:
RE:
DATE:
Winter Springs Fire Department
102 North Moss Road, Winter Springs, Florida 32708
Telephone 407.327.2332 Fax 407.327.4750
MEMORANDUM
Ronald W. McLemore, City Manager
Timothy J. Lallathin, Fire Chief ~~ I ~
Fire Rescue Services Impact Fees
2/28/2003
The following represents anticipated impacts associated to growth for fire and rescue
servIces:
. Fire Station located within the SR 434/Tuskawilla Road area. The fire station
would be built to town center standards and at build out would be capable to
house four response units including relocation of administration, $2.5 million
dollars including furnishings and equipment.
. Phase I - Tower Truck (ladder and eievated stream capable) located at the new
fire station with a minimum of four firefighters, $650 thousand dollars including
equipment. Included in phase I would be relocating the Battalion Chief to this
station with no fiscal impact.
. Phase II - Medical Transport unit with heavy rescue capability located at the new
fire station with a minimum of two personnel, $250 thousand dollars including
equipment.
. Phase III - Engine located at the new fire station with a minimum of three
firefighters, $350 thousand dollars including equipment.
. Training and storage facility at the new public works compound, $350 thousand
dollars.
These items represent a total impact of $4,100,000. The revenue generated for fire rescue
impact fees should be sufficient to maintain the current level of service with the new
proposed impact fees at the adjusted rate schedule.
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~ t .
CITY OF WINTER SPRINGS, FLORIDA
1126 EAST STATE ROAD 434
WINTER SPRINGS, FLORIDA 32708-2799
Telephone (407) 327-1800
MEMORANDUM
TO:
Ronald W. McLemore, City Manager
FROM:
Chuck Pula, Parks/Recreation Department
SUBJ:
Parks Improvements eligible for Impact Fee Funding
DATE:
March 10, 2003
Central Winds Park Expansion Improvement, Restroom, office, storage building, parks
maintenance storage building, trail connection, walks, lights, dugouts and fences,
bleachers, land acquisition, grading and drainage, field improvements.
Total: $1.5 Million.
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