HomeMy WebLinkAbout2003 04 14 Public Hearings A Second Reading - Ordinance 2003-04 Impact Fees
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041403 Commission Meeting
Public Hearing "An Ordinance 2003-04 Impact Fees
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COMMISSION AGENDA
ITEM A
Consent
Informational
Public Hearing X
Regular
April 14, 2003
Meeting
Mgr. /2.,..// Dept.
Authorization
REQUEST: City Manager requesting the City Commission to approve the Second
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.
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 required by growth.
CONSIDERATIONS: On March 24, 2003 the City Commission approved the First
Reading of Ordinance Number 2003-04.
ALTERNATIVES:
1. Approve the Second Reading of Ordinance Number 2003-04 implementing the
Ordinance based upon an actual residential square footage basis.
2. Approve a Second Reading of Ordinance Number 2003-04 for Impact Fees
amended to provide for a flat rate residential fee, and schedule the amended
Ordinance for a Third Reading. This amended Ordinance is being completed by
the City Attorney and will be available Friday, April!!, 2003.
There was considerable discussion regarding the square footage method calculating
Residential Impact Fees.
The Commission could amend the Ordinance to provide for a flat fee for residential
properties as shown on Attachment "B". The flat fee is simply based upon an average
size residence in the alternative to the actual size of a residence.
041403 Commission Meeting
Public Hearing "A" Ordinance 2003-04 Impact Fees
Page 2 of2
Below is a chart comparing the cost of the two optional proposed Impact Fees, and the
current Impact Fees. It assumes a 2,500 square foot home valued at $175,000.
Proposed Proposed Flat
Current Per So. Ft. Rate Fee
Police $215.83 $106.42 $105.47
Fire 103.63 174.00 173.28
Parks 300.00 902.96 914.53
Total $509.46 $1,183.48 $1,193.28
The residential fee is more fair. However, there has been some concern voiced that the
flat rate fee would be more difficult to defend if challenged for two reasons.
1. Ability to prove that impacts on infrastructure are related to the size of
residence.
2. It is a relatively new approach in contrast to the flat rate residential fee
which has been upheld in previous court challenges.
FISCAL IMPACT:
Both of the proposed Impact Fees will generate approximately the same amount of
Impact Fee Revenues as follows:
Fire/Rescue
Polic,e
Parks
$4,099,918
$2,004,024
$1,500,353
RECOMMENDA TIONS:
It is recommended that the Commission take one of the following actions:
1. Approve the Second Reading of Ordinance Number 2003-04 which
includes Commercial Impact Fees and Residential Impact Fees calculated
on a per square foot basis.
2. Approve a Second Reading of Ordinance Number 2003-04 amended to
include Commercial Impact Fees on a per square foot basis and a
Residential Impact Fee based upon a flat rate.
ATTACHMENTS:
a) March 24, 2003 Agenda Item "B" and Ordinance 2003-04.
b) Proposed Residential Flat Rate Fee Schedule.
COMMISSION ACTION:
ATTACHMENT "A"
March 24, 2003 Agenda Item
Public Hearing "B"
And Ordinance Number 2003-04
032403 Commission Meeting
Public Hearing "B"
Ordinance 2003-04 Impact Fees
COMMISSION AGENDA
ITEM B
Consent
Informational
Public Hearing X
Regular
March 24, 2003
Meeting
Mgr. ;4--j Dept.
Authorization
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.
PURPOSE: This Agenda Item is needed to implement revised Police and Fire Impact
Fees and to establish a new impact fee to pay for expanded facilities and equipment
required by growth.
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 square feet based upon square footage.
On March 10, 2003 the Commission was provided with updated information and
refinements to the proposed ordinance, and an opinion from the city attorney that the
square footage basis was a defensible method that would meet the legal test established
by the Courts.
All the minor adjustments to the ordinance handed out at the March 10, 2003 meeting are
included in this Agenda Item.
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032403 Commission Meeting
Public Hearing "8"
Ordinance 2003-04 Impact Fees
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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
Fire/Rescue Residential
Fire/Rescue 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 IMPACT:
The final revised recommended impact fee is estimated to generate the following revenue
through build out:
Fire/Rescue $4,099,918
Police $2,004,024
Parks $1,500,353
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
FUNDING: No additional appropriations required.
RECOMMENDATIONS: It is recommended that the Commission adopt Ordinance
2003-04 as provided herein.
ATTACHMENTS:
1. Ordinance Number 2003-04
2. Pages 4,5,6, 7, 8, and 9 of the March 10,2003 City Manager Memorandum.
3. Agenda Item of March 10,2003 (without attachments)
4. Agenda Item of February 24,2003 (without attachments)
COMMISSION ACTION:
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ATTACHMENT (1)
Ordinance Number 2003-04
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ORDINANCE NO. 2003-04
AN ORDINANCE OF THE CITY COMMISSION OF TIrE CITY
OF WINTER SPRINGS, FLORIDA, AMENDING THE CODE OF
ORDINANCES CHAPTER 9, ARTICLE VllJ, IMPACT FEES. BY
REVISING POI.ICE AND FIRE IMPACT FEES AND
ESTABIJISHING IMPACT FEES FOR PARKS AND
RECREATION; MAKING SEVERAL CONFORMING
AMENDMENTS TO ELIMlNA TE REDUNDANT CODE
SECTIONS; ADOPTING SEVERAL PROCEDURAL
AMENDMENTS APPUCABLE TO THE PA~T OF IMPACf
FEES; PROVrDING It'OR THE REPEAL OF PRIOR
INCONSlSTF.NT ORDINANCES AND RESOLUTIONS;
PROVIDING FOR INCORPORA nON INTO THE CODE;
PROVIDING }'OR SEVERABILITY; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Winter Springs, Florida, has previously found and
determined it to be in the best interest of the safety, health, and welfare of the citizc..:ns of the City of Winter
Springs to establish police, fire and other impact fees to require new development to pay their equitable "hare
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. ("LOr') 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. Fire/Rescuc and Parks & Recreation," dated November 2002
("Report"); and
WHEREAS, the City Commission hereby finds that the Repolt l~gally 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. A herdeen at Ormond Beach, 760 So. 2d 126 (Fla. 2000); Contractors and Builders
A.~,;(JCiafJon(1PinellasCounty v. City of Dunedin, 329 So. 2d 314 (Fla. 1976); Wald". Metropo/ilanlJade
County, 338 So. 2d 863 (Fla. 3d DCA 1976); Hollywood, Inc. v. Broward County, 431 So. 2d 606 (Fla. 4th
DCA (983); and
WHEREAS, the City Commission finds that Section 163.3202(3), Florida Statutes, encourages the
use of innovative land development regulat.ions which includes the adoption of "impact fees," and
City of Winter Springs
Ordinance No. 2003.Q4
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WHEREAS, the City Commission also finds that the impact fees required by this Ordinance are
necessary to mitigate impacts reasonably attributable to new development; and
WHEREAS, the City Commission also recognizes that the Florida Legislature has mandated that
local government plan comprehensively for future growth and that this regulatory Ordinance is consistent
with lhat mandate. See, e.g., Ch. 163, Fla. Stat.; and
WHEREAS. new land development aclivity generates public facility and service demands wilhin the
City and il i~ reasonable to require new development to pay a fair share of the cost of expanding new public
facilities and services attributahle to new development; and
WHEREAS, this Ordinance is enacted pursuant to the Florida Municipal Home Rule Powers Act,
Chapter 163, Florida Statutes, the City of Winter Springs Comprehensive Plan, and other applicable law
authorizing a municipality to set rates, fees, and charges for new development; and
WHEREAS. it is in the best interests of the public health, safety, and welfare of the citizens of
Winter Springs to amend the City's police, fU'elrescue, 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 VTTT, Division 3. The City ofWmter Springs
Code, Chapter 9, Article VITT, Division 3) is hereby amended as follows (underlined type indicates additions
and strikeout type indicates deletions):
ARTICLE Vlll TMPACf FEES
II: * .
DIVISION 3. POLICE. FIRE. AND PARKS AND RECREATION
PUBLIC SAFETY .lIAClLITJES
Sec. 9-391. Police pllbJic. ,.fee:, i.tt.pact fee. Generally.
[Police publk safGty imp~a tee pro~i!linns are !el forth her Oj11 3:5 soction$ 9~J 91.1 throtlgh 9-:J 91:l-Zi
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
Management Act mandates that local ~ovemment plan coCQL>l'ehensively for future growth and that
tills division is consistent with that mandate. In addition. Section 163.3202(3), Florida Statutes.
City of Winter Springs
Ordinance No. 2003-04
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M~u J u of innovative Ian d e10 ment lations which includes the ado_tion f
'imDact fees." Further. new land development activity ~enerates public facilitv and service deman~s
within the City and it is reasonable to require new develooment to :ay a fair share of the cost of
expanding new oublic facilities and services attributable to new develo ment. This division is enacted
pursuant to the Florida Municipal Home Rule Powers Act Chapter 163. Floridll, Statutes. the City
oeWinter Springs Comorehensive Plan. and other applicable law authorizing a municipality to set
rates, fees. and charQ:e~ for new development.
Sec. 9-391.1. Levy and purpose.
See. 9-391.2. Definitions.
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Unless otherwise specified herein, the definitions, classifications and uses shall be as set forth
in the City of Winter Springs Land Development Code.
W Building permit: Any building or construction pennit required under the Winter Springs
Building Code, Chapter 6 of this Code.
(Q) Fire public safety facilities capital improvements: The land. building, facilities. vehicles and
C<LUipment necessary for the fire. d~artment of the city to provide fireflghting and fire protection
services and plU"amedic services to the citizens ofWintcr Springs.
{Q} Nonresidential: Includes all land uses not otheIWise specified as residential or exempted as
set forth in this division. This shall include, but is not limited to.....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 uscs.
City of Winter Springs
Ordinance No. 2003-04
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00 Police public safety facilities capital improvements: The land, buildings, facilities, vehicles and
equipment necessaJ)' 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.
See. 9-391.3. Applicability and exemptions.
W This division shall apply to all new construction within the city limits except the following:
(1) Expansion ofa 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 construt.1ion
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, grotmd
transportation, solid waste, parks, recreation and cultural purposes); and
(7) Construction associated with raising animals; and
(8) Construction related to agriculture.
(b) In additi9n. nonresidential develoDment shall be exempt from parks and recreation imoact
fees.
City ofWinlcr Springs
Ordlnnnce No. 2003-04
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Sec. 9-39t.5. Payment of fees.
(a) Time of payment. The imoact fees required to be oaid under this division shall police ptlb1ic;
~ty fadHtics ~ im be paid prior to 01 in conjunction with the issuance of a building pennit. but
in no case shall the building pennil be issued until all outstanding impact fees are.p-aid in full to the
~
(b) Method of payment. Impact fee:) shall be paid in cash unless the city commission. at its sole
and absolute discretiol!. specifically accepts an in-kind contribution of land or capital fucilitics for
public use which is rea~onably related to the Dumose of the credited imoacl fee. Credit for any
in-kind contribution sholl be on a fair 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 it; the city's current
land use and zoning designatio~. The aJ)praisaI shall be performed by a certified ,aporaiser 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 contribution of land or capital facilities fur
public use has been or will be included in the capital asset inventorv Of the dep~ent of the city for
which the impact fee is imoosed.
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(c) Amount offee. The followiTUI impact fees are hereby adopted: The }Ju}i~ public, safety
~li~ie:; ~ ~~ paid prior to or in evnjtlm;rlOn W~tll tl.~ i$5lUUI;: of", buildinA pen,tlt ;..hall be, lev;ed
bl13ed U}Jon the followit.g fouuwa and in the MHoMh~ amounts.
(1) RGsid~nticd.
t€A1 x RC)/RDU ~ CO;Sl per d~~lIing unit.
(2) NOIl'-Iesidcnl:i1d:
(CAI x NC)lNSF - Cost pel 5(lllcu~ b)ot ofuc:.!1-.ci)idellt;al de9eJopluGl'l.L
CAl
Re
NC
ROU
NSF
....
Capita:l. a!~et in~cnt',l'y.
PcrGenl residential ,aHs:-
Percenta8~ of nOni e$;derrt:iai ~ls_
Numbol ufr~;dential dllvclfine, units
Non-1esidentiid !quaJ G footage (N'on-rc.Mdential fi:x, shaH be
levied upon that pO.l;on of a StJ acta. e ""hiGh is das~jfjed as
llOhl'esidentiaJ).
=
...
City of Winter Springs
Ordinance No. 2003~()4
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0)
Fire:
(i) Residential;
(ij) Non-residential:
$0.086 per square loot.
$0.326 per square foot.
However. a credit ~hall be deducted from the calculated base fir~ impact fee to offset
pavrnents which new development will incur (in the Conn of personal service taxes and
franchise fees) to retire outstanding City of Winter S9rings bonds which were used to finance
past fire capital improvements as follows:
Impact Fee Payment Year Total Credit Due
2003 $41.00
2004 $39.87
2005 $38.64
2006 $37.34
2007 $3 5.94
· Creditll havr. been dcrr.nnined !hrm.lm 2J)Q7. ^ reasscnmr:ot of !he imp1k:l fee Qf1(I...~dit AMII be, provid(~ plio, t'-I 2007.
(2)
Police:
(i) Residential:
(ii) Non-residential;
$0.113 per square foot.
$0.164 per square foot.
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However. a credit shall he deducted from the calculated base police impact fee to offset
payments which new development will incur (in the form of personal service taxes and
franchise fees) to retire outstanding City of Wmter Spring!l bonds which were used to
finance past police capital improvements as follows:
Impact Fee PaYlllent Year Total Credit Due
2003 $176.08
2004 $169.77
2005 $163.02
2006 $155.79
2007 $148.05
(3)
C=lits h~vc ~ d..~t=tined throul!h '2IXJ7. A leUSSCHslUe'I1t of the imollcl fC(1 :lJld l:rerlit shall be tlmvide4 prior to 'lfJ07.
Parks and R~reation;
0) Residential:
(ii) Non-residential:
$0.834 per SQUare foot.
None.
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City of Winter Springs
Ordinance No. 2003-04
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However. a Credit shalt be deducted from the calculated base DarKS and recreation impact fee
to offset paYments which new develooment will incur (in the form ofpersonal service taxes
and franchise fees) to retire outstanding City of Winter Springs bonds which were used to
finance past parks and recreation C'.&pital improvements as follows:
Impact Fee Payment Year PST/FF Credit
2003 $639.13
2004 $630.55
2005 $621.37
2006 $611.54
2007 $601.03
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· llidits hm~ uem dctecniuc:d ThrouPh 2007. A 1't'8sSl".nnlEnt of tir. imDAcI fir. and l:R:dit wAll be pmvideq prit)t to 21XJ7.
An additional impact fee credit shall also be deducted from the calculated base narks and
recreation impact fee 10 offset payments which new development will incur to retire the City
of Winter Sprin~s Limited General Obligation Bond. Series 2002. which was used to .finance
past parks and recreation capital improvements. This credit is dependent uoon the value of
residential property and is calculated usin.g the following foonula:
(Building Sq-Ft) x (Ave. ProoertY Value per S<l-Ft.) x (Millage Rate) x (Present Dav
Factor)
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Building Square-Footage = Square-Footaue of proposed residential dwelling.
Ave. Pro.verty Value per Sq-Ft = shall be determined On January 1 oreach yeat' in which the
impact fee is to be paid usinS data Drovided by the Seminole County Property Appraiser by
taking 1200.10 of the total assessed value of all residential property within the City divided by
the total residential square-footafJe within the City,
Millage Rate It: 0.25 or as otherwise r~uired to retire the Limited General Obligation Bond
- Series 2002.
Present Day Factor =
Beslinnioll Payment Year Present Dav Factor
2003 ] 2.40904
2004 12.27767
2005 12.13711
2006 11.98671
2007 ] 1.82578
City of Winter Springs
Ordinance No. 2003-04
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Sec. 9-391.6. Credits.
In addition to the discretionary credits authorized bv the city commission under l)e(..1:ion 9-
19! .5(b-l ~ applicant for a building permit shall be entitled to a credit against future impact fees
assesst:d pursuant to this division for contributions, dedications, or improvements required by thc
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 fair market value of any contribution ofland or capital
facilities for public use. The impact fee credit apd the applicable contribution. dedication. or
improvements must be reasonablv related. The fair market value shall be determined as of the date
the city conunission accepts the offer of such contribution. The fair market value of any land
accepted for credit of future impact fees shalt be based upon an appraisal of its highest and best
use and then allowed under it$ the city's current land use and zonins.designatio~. The aPl'raisal
shall be perfonned bv a certified aooraiser. licensed to do business in Florida. acceptagle to th~
Q!y. Such appraisal shall be paid for by the donor. No credit wiil be granted pursuant to this
section unless the contribution 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 poiiee department of
the city for which the impact fee is impose<!. ,
See. 9-391.7. Establishment of a tnlst 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 createdfor each impact fee
cate~orv created under this division as folloW~:
ill Police Protection Capital Expansion Trust Fund.
(2) Fire Protection Capital Ex;pansion Trust Fund.
OJ Parks and Recreation ('.spital Expansion Trust Fund.
(b) Use of Funds. The amounts in the impact fee police protection '-'<l.,ital expansion tJUst
fund~ shall be exclusively used only for the purpose obtained in the title of such fund and for no
other PUfPOsc. 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
Cily of Winter Springs
Ordinatlce No. 2003-04
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authorizing an expenditure from any onc of these trust funds, the city cornrnission shall determine
that:
(1) Such expenditure is for capital facilities 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 wh1ch 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.
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The city's police. fire and parks and recreation departrnentt which is M~ to receive fund~
collected pursuant to this impact fee division., shall prepare and maintain a capital expansion plan
for its t.heir respective individual funds which shall be for a period 01'00 less than one (1) year. The
poIiee Each 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 of police. p~blj~ safety facilities the impact fees paid hereunder may be allowed
upon application thereo( when it is detennined that no construction under a building permit has
occurred, and the building pennit issued for such construction has expired or otherwise been
cancelled.
See. 9~391.10. Vested rights.
(a) A developer or successor in interest ofland which has received a building penn it 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. 2001..()4
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(1) There exists a valid, unexpired govenunent act of authorizing ~ 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 condition~ of approval by requiring the
developer to comply with the requirements of this divisioll:'~
law.
(1) Common law principles of equitable estoppel and vested rights set forth in case
(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:
.
(I) 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 'Ma}I14,
T9ge November 1. 2002, after which day the adoption of the impact fees required bv this
division was pending; and
(3) Whether the operation of this division would create an eUuuootls inordinate
burden which would prevent petitioner from making a reasonable return on his investment.
(c) The city shall not pennit the extension ofa 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 !ervice ilaJV4{;t, police impact fees reauired by this division and their
designated uscs, or contributions to the capital as&rt inventory of the pofice respective
City of Winler Springs
Ordinance No. 2003..04
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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. 9-391.1 t. Penalty for violation.
Violation of this division shall constitute a misdcmca.nor of the second degree and shall be
subiect to penalty pursuant to applicable code enforcement procedures. Notwithstanding the
criminal penalty provided for herein, the city may obtain an injunction or other legal Or equitable
reliefin the circuit court against any person violating this division.
Sec. 9-391.12. Appeal.
Any person aggrieved by any portiOh of tl.i.s di y ision ~a::Il administrative decision by the
city mal' 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 detennination
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.
Anv decision oftbe city commission on the application shall be final and subject to iudicial review.
Sletio" 3. Repeal Chapter 9, Article VIII, 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):
DIVISION 4. FIRE PUBLIC SAFETY FACILITIES
SK. 9--396. Ph e public safetJ fa<i1ities hdpAtt fee.
[Fire public; safet..Y impact f~ pi o visions me ~ forth her~in as $C:(,.tions 9-396.1 through 9~396.l2.]
Set. 9--396.1. Levy and pUl'Po5e.
FOI tl!,- pl:hpOSe of he:lpl1~ tv defiaJ tI.(; cost of new or exp~lldcd &'" facilities and
City nr Winter Springs
Ordinance No. 2003-04
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equipnumt attributable to nCIlli construction within the-city linlits. impact Me5 (aC I,ereby l~v;ed on
1'l{;t'J ~o"sUuction within the dt) limits in atconiance with the pro\fi~ons ofscction 9.J96.5, pa}'Il'lelll
of fues, Mld other provisions of thi~ m.ns1on. This division i1) :htended to be cohsistent with tI.t.
principa:ls for aHocatin6 a fair $hate ofdl!. cost ofnollY public; fadlities to ),ew users & ostahlished by
the Florida SUP! Oll1e Court.
Sec.9..396.Z. DefinitioltS'o
Unless otherwisc. spc:dficd herein, the definitions~ dassi1ications allduses shldl be as seL h}1 th
in tho Or, ofWihh.r Sp~s Land De\lelopnleJ4 C(,de.
DuHding pemlit. Any bWlding or constluc.tiOh fie1!ihL requiIed Uhde! the. VlintCI Splings
Duilding Code, Chapter 6 ohms Code:-
Fire public saEet, f""i:litios capital illlplOv\OlUentS. Tho 1!I.d, buifdih8, f4Cilities, vehicle., and
equiPluvut hCCOSSM' for the fire deparl,}uent ofthc. city to pJO~;de firefightil'l! met me p,vt\;\,.hun
sa vices Mid pa:J<<mcdiG set vices to tho citizens ofW'1nter Springs.
.
NoIIIeMd~jliltl. lndud(:S aU land uses not otherwise spcdfied ~tS resicl"'lltia:l 01 e'>..empted as
set foah ll\.o.\.<;n. This slllill inc.1!:lde, bat is not limited to dlry oare facititie5 residential care facjJrties
, ,
nursine, homes, boarding hotl!eS, llome occupations, eduG4tional fac;i:litios, UbI aries, cultural &.cilitie5,
c;hurt:hes. aH COJ'llMefGial uses, ail transient lodging IUld entel'tmnn1C1.t facilities except those. ~hich
are tentporar} ~I LmtuJe, 811 auto,hotive facititie! and/or st:mctur~, !It miscellaneous business uses
and 8Ct vi<<s !!.d all indust!~a:I tl5eS.
Roesidential. Inc.lLJde~ singte-fAn.Uy dwdli.u~", llrolti-fatailJ dwclli1l~ units, hlvLa", Ilvmes.
accessory d~ellil'lg ullits, access,,!') 1e.~idcnti<t1 structll1~
See. 9-396.3. Applicability and exernptions.
This division shall. appry to all new consbtlction ~ithin tIle "it)' limits except the foHm'Villg.
(1) LAPhI.sion of a resid",utlm d",elling unit not crcatinS Another dwelling unit, and
City of Winter Sprjn88
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(2)
R..,.llvdfiling or rebtllldin& of allY stmdure, ~lId
(3) CMstruction t1ndc. any btliiding pCllllit oliSlna:l.ly isstlea during the. ,car pi~ing
the effec;thle date oftl~s OI.:ii,uaJ'c... No. 488 [July 9, 1990J, And
(4) l'C111Pv.a..1 llGlivities and t1ses induding, btlt not linlited in tl;lIIl-'(I181.1 evnstro{,tlon
and tempOlB1) colllmercial a1nusements, and
(5) Patti, sa vice ~t. uctul(,S; MId
{6} Pubtidy v~...1ed and operated b~ldill5 v. sbucturc;s t1scxi ~r genom 'go v "..UIlVlrtM-
purposes (to include but not 1;1I,j~d to se~G'. SMuuwcd.el, fire, grothld tlc\1ISp0I14tion, solid
w~e, parks, rccJ.~t~uillllld culttual pmposes). wid
(7) ConstIUction ~$O(;jated with raising clllm18b, and
(8)
COnstru(;tiOllI elatod to agri"UltLll e.
.
See. 9-396.4. Dctennil1Aft"n off<< amounts.
Impact ~$ shaH be detClJi';'led m:.d reviewed at lea3t every OtlM ) eat in at;c;01dat1~ with a
d~led al~~sis'ofprojec;tcd constJuction within the city Ji.nits, tht oost of a1~ e>.l'andcd OJ new
caprtai fACilities and cqmpmGltt ful fiJ.., public 5eI vice fctdlities gtnGrz.ted hy SUdl COIlSft uctiOh aud the
mOil,,! oth~ wise ""ailable to nl~t b.1,,1& cos.t... The. GiLy eokouu~",,,,ion may 1lIIllUaUy adjust the
es~hshcd dnpAa tI.... I<\t... to leBect the chAnges in the (:0.51 of Icleva1lt c.apital fadlities aud
eqUIpment. All changes or adj~hllents in the established impac.t ~ rates shMi be made by ordinance
and shatl apply om, to 00115tl t\ction wr w hich bttildi:ll~ }J~ 1I~t5 are issued afkf the o~ti vc date of
such 01 d;u4111rC.
Set. 9--396.5. PaY1I1Mt of fees.
ell) Tinl(. of PAYnlent. TI,e fire ptlblk .$af\;ty facmties fee is to be'p!id pi ior to VI ~\ conjunction
IlVith the issuauC(. ora. buildin8, pell.m.
City of Winter Springs
Ordinance No. 2003~4
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DltAPT 3-10-llJ
(b) Me~o~ OfPA}lllltfit. TIII..,,,a roos shall be-pttid in (;4.,1. \.lId""s the ell) COlH1h;5SW115pecificalty
acce~l" ~n In-kind GOul. ;L.~tiu.~ of land or capital fac;j:litie! fur pubJi{; LaSe. Credit ful any is.4\:ind
cont:nbntic,H ~haU. be on ! fm~ market value basis as ofth~ date the df:) colmnission accep~ the offer
of!t1ch CVIl!, .bubo-n. The fim nl8ric:c;t value of My land Acct.pted a5 an in~kind colltlibut;ull sha:ll be
ba""J al^'n cb, i\..,prais4f of its higllb.3t and bGst u~ then aHo\.\ed m1de. its current land use
designation. Suc;h a.ppl aisal shaH be, paid for by the donor.
(-c) AlhOunt offuG. The hIe p..tblic safety facHities to b... l'''';d prior to 001 in (.uqjull"tinn with the
iSSua.llCe o.ra buiidll,~ pe1l.1it ~ha:n be levied based t1pon the: fuHovving fOlmt.llc.'l. c.'l...J ;11 tho fi)lIowlng
amounts.
(1 ) Residentia:l~
(CAI X RC}fRDU" Cost pet dllllellihg unit:
(2)
NOll-residential:
.
(CAT X NC)fNSF Cost per !ql:lare foot ofnon-~sidential developn.Oht.
CAI
RC
NC
ROU
Nsr
-
CApital ASset in v elltor)'.
rc..CCllt J.,,,;~hlia! c;aHs.
Pe1ccntage ofnonrosidelltial callS':
NUltlbGl of r<.sidc.lttiai d\l\>elling unit!':
Nonrcsident:ia:l $qU~I... t.ot.\~e (Non r~idential fee shall be
k.v;.,J upon tI.at portion of ~ i)l,~cture whicl. is classnled AS
nonresidelltia:l).
""
...
~. ~"'396.6. C. edits.
All ~...pticant ful A building perl..l! shaH bo entitled to a (,1 edit against fullJre impaa fees
~se5Sed pursuant to. this OJ'd:i...I41J..(; fo.r contli:bl1tiom:, dedic..ttlons, "I imprOVellletlt! requilocl b) the
~lty 01 through agleemel1~ l'Yith ti,,, city as a condition of 4'I1Y development penuit b, the cit}' Mid
$2Iid credIt shaH. b(, h11 a.llomrt equa! to the fa:i1 HlMket value of an] conhibtltlon orland OJ ~pitdl
City of Winter Springs
Ordinance No. 2003-04
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fa~i1ities fut publi~ use. The fair n.arkct ~alUG ~1w:H Ix, detef1l1ihed 43 oftlu.. dat(, th~ 'it} c;obbl1iM;lrn
~l.!l the offa of ~aGh contribntion. The fair nlMket \lam", \.If any land accepted [VI "".:Jit offu1:m e
tmpact rec! !haII be b....u:l t.pon an apprliiroal ofits lrighC!t and best u8e and then allol'Yed w.1der its
aJuent Ilmd u~' dC.!lj~uat;vol' Sucl18.pprai:ml slmH be paid rOl b) the dona!. No c;rcdit ~m be granted
p~rs~ to tlus sectjO~ rmiess the; c;~nt1ibutjon orland 01' CAp~b:d f!cilities fur pk1blic uS(. \\45 made
~.t:I~ th~ ycar PjOGOOiuc ,tho ~"ttve date 'If thi~ O. diulIllce No. 4788 [July 9, 199O}. and the
~lIlolbUl:iol1 orland or caprt~ fad:!i.ti..... for pubi~ use M.!l h~1l OJ \lvtH be included it. the. caP;tctl asset
lllvetlLOI J of the fire depao hu~ut \.If the Cit}- ofVl1l1ter Sprinv:
Sc.c.. 9-396.7'. E!tJlblishment of a tt'liIt fuud.
(a) The impact fees colleaed b) the city purmllnt to this di\<ision shaH be kept lSeparnt~ fionl
other revenue of!:he ",;t] Gud <l ~pital expansion tj \.1St fund i.!l hel eby ~rcated: Fire Protection Cajhlal
L^t'<ll~On Trust Fund:
.
(h-) US(; offuuds. The "'"lOmits iI. the fire: pIote<,tion capital Ohpa.usiOl. tlu5t fund shall be (!sOO
only fOJ the purpose oonh!ined in the title of $Ut;l. fund M.ld for no othc.r PUI ~ose. Expenditm es & om
the. fUhd .dWl be specifl~aHy approved bJ the city OOlalhllssion lI:11d shall be Ii',lited tv U.e
e:Jq)Mslonlacqtrisltion ofcapimf facilities (:J1 ~aipl.1ent madenecessa:ry by tile new room ...d.;v, 0 hom
which the t<<s were coHeded or &'1 pdncipaJ paynlellts (iucludins sinki.J5 [\.Iud payn.ents) on bOllds
to c.-.pwld VI acquire such f~-ilitiGS vi '^tuipI1ktlit. Defore RtltllOI i~l.Q b:h expenditure fi 01.\ any one of
tl_03~ tI yst funds, the city oonnnis!iOI1 ~1u1H dd~'lIIine that~
(1) . SI1.ch elq)~tme is for capital faGiIitiai 01 equipment to be u~t.J fur the Plll"l'}ose
contAlu\;'d m the tItle oft:he tOyst fi.md hon:. which the expettditu,e;A to be made, and
(2) Such cXP(..uOitUlC is ".<od" necessmy b) t1.,- nt.w COI.stluaionfi(lIll whiduu..h funds
~e1c.. C(.l1e...Wd, l!hd
(3) Such ehpenmttue shaH rcsmt;n a. be'ldit to the new oollstl'l:lctioll hOhJ t\'hkh SMd
fUnds ~eje collected:
SeL. 9~396.8. CApital expansion plans.
City or Winter Springfl
Ordinance No. 2003-Q4
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The "jt,'! the. department, whi",h ii:l tuTCCei~e funds oolfected puHl.lcmt to this impllGt fee
ord.imtll~ shalJ prepA1c and mmntmll a capital expamion P:\~H 101 its ihdividua:l fund~ ~hich shaH be
far a period ofno less th!1. nnc (1) ycaj. TJI~ &c depmment'$ plan &laIH b~ reviewed Ahd Aflplovod
by ti.lW Gity eom:rnis$ion at lasst Iltln\:1aH) d.J1~n~ the budget lC'\'ie~ process.
See.. 9~J96.9. Refund6.
Refunds of me pnblic safety faditic& h.tii:l pmd hereunder . nay be Mlowed. UPVII .....pttcation
th~Jor ",hen it is determined that no constructioll uudCI A building permit hltS'"OCCwr...d, and the
building pc:nllit issned for such constIuction ha:s expiled or att.",! wise been canceHed.
Su. 9-~396.10. '-Vested rights.
(a) A de1Olclol'f-l .or sue<:es.sor in intel.,t.t uf land ",hic;h has rc.cdvc.d A bl.l:lJ;11O pcuuit-may
petition the city c;onnnissiOI, fur a ve5ted rights dctclH,jllation whid. would ~empt the. fJ",titionel
fiol11 the plovisiolls of this division. Such petition sl.Mi he evMuateJ by Il.~ dry llttOmt.y and--a.
reconlme:nd.uian ther\A.III i:lubmitt..d tu the cit) oomnussion based t.pon tIle foHowi:nS \,rLtel;a.
.
(1) Thereexi$t$ a valid, uh~xpited aOverntl".ellt ~"t vfmthorizing a specific.dGyelopn1tllt
fur which a detemlination i.. i)\JYlSht,
(2) Expenditures or oblisations nlad, or ihcuned i..l1'eli1moe upon the authOIWl,g act
that are ~()Ildhly equinlent to the h%$ requircd by this divisiol.,
(31- That it ~ouJd be illequitab16 to dell)' the petitiOlle& the opportunity to COfilplete the
prcvivu.sry app.()\jed developluwu:t W1deI the cond:itiullo) of 4ppIO~a1 by ]CGuirin~ the
devekJper to campi, with the requirements of this di ~sion.
(b) For the purpose of thj~ section, die fuHowins f.!teton shall be considered ill d~tVJlu~~.~
whetlm it h<ould be iheqtriUtbk to den) the petitioner the oppOJ:t.:lU;ty to cu1i4Jll.,h;; the 1-'.e~iously
approved developntent.
(1) \\lbeth.er the injdl J SyffOI ed b) the petitioner ot'It\'Yeighs the public cost of allowing
City of Winler Springs
Ordinance No. 2003-()4
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DRAYr J. to 0]
the d~elopOlent to ~o rorvy&d without pa}'lUc1tt of the fee rcquhed by dtis div;,,;on,
(2) \',~thcr the ~~,se or oo~ons were made or mGl:1rred. !;ubseq~~I(t to May 14,
1990, "Rer \Vlncll dC&)' the a.dO~bvn of this Orduuw('6 was pendi.&JQ, nud
t3) \Vhethe2 the operation of this d.ivisiOll vvoulJ CICll.te M errol,eoUS burden \lVhidl
would prevent pcticione1 nom making a reasonable retym on his investlheM.
(G) The city ~1."lIl1vt p\Olrmt the extension of a bujfdins pelll,:t beyond the iJ.itial time for
activation wirllOt1t the a.ppliCla1.lt con1ply~ wid. d.is Ordinance.
(d) If A pJ(~viOU5l:Y 4P{1I0ved developmcld order or other bindil1~ agreement conta:iJ.ed
conditions 1 egarding ~ .!eJ v ice impacts, fli to ~Ul1G\,t fee! and their designated tlse~, or CO'lt, ;1rotioJHl
tv th", ...apitM as~ inventol) ofthc.:me department, the de~eiope[ or his succcs.!or may request a.
modIfication ofmch pJior approvals in OroCi to ollnA the approval c.'./llditions into consistency.
S<<. 9-J96.1l. Penalty Yo. ,iolation.
Violation of tlh~ Jiv;;)~vu 6haH constitute A misdemel\.1101 of the secoud degree.
Notwithstcmding the cm,'\inai penait) pro~ldod fur I,olein, the c~ nm, obtain an it~t1nction or other
legal cqtlitablt ldiefin. the circuit court against a1~ pelSon v~u6fu!S tlri~ Ordinance.
See. 9-396.12. Apptal.
AllY vason ~~",v",d by a~ POrtiOll of tl~" division Mudl appMf dilectl} to the city
c:on.111'1bsion. To file an appeal, ~1 individual must file at. application with tl.e dty manager and
submit StIGh infOlmation and documentation with said application M may be fcquirGd 1ry the ",;ly
UlAllGf:;eJ. The"';ty manager shaH mldc:e a deteuulnattollll:J to tile 5.JficielKi)' of the !pplic.atioll. AJI
application for appea:l must befihld ~ith the city rllanager within thirt} (30) day! ofc.'tn~ a:c.tiOh taken
by the dty for "hiGh a person i~ ~~""ed.
Section 4. Repeal ofPnor Inconsistent Ordinances and Resolutions. All prior inconsistent
ordinances and resolulions adopted by the City Commission, or parts of prior ordinances and resolutions in
Cily or Winter Springs
Ordinance No. 2003-04
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DRA.... 3 10-03
conflict herewith, arc hereby repealed to the extent of the conflict.
Section 5. Incorporation Into Code. This ordinance shall be incorporated into the Winter
Springs City Code and any section or paragraph number or letter and any heading may be changed or
modified as necessaIY to effectuate the foregoing.
Section 6. SeverabUity. Jfany 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, di!ltinct
and independent provision, and such hOlding shall not affect the validity of the remaining portions of this
ordinance.
Section 7. Effective Date. This Ordinance shall become effective inunediately upon adoption
by the City Commission of the City of Winter Springs, Florida, and pursuant to City Charter.
ADOPTED by the City Commission ofthe City of Winter Springs, Florida, in a regular meeting
assembled on the _ day of , 2003,
ATTEST:
CITY OF WINTER SPRiNGS, FWRIDA
ANDREA LORENW-LUACES
City Clerk
JOHN F. BUSH
Mayor
City of Winter Springs
Ordinance No, 200:'1..(14
Page 18 of 19
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Approved as to legal fOnD and sufficiency for
the City of Wi Qter Springs only:
ANTHONY A. GARGANESE
City Attorney
First Reading
Posted
. Second Reading and Public HearinL
.
F:\Don\City arWlntcr SprlDsl\OrdinaD"""UQlpact P~.llmpad~F",.wpd
City of Winter Springs
Ordinance No. 2003-Q4
Page 19 of ) 9
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DRAFT 3-10-03
ATTACHMENT "B"
Proposed
Residential Flat Rate
Schedule
City of Winter Sprinas . Property Appraisers Data
March 21. 2003
NUMBER OF BUILDING SQ- NUMBER "/0 OF TOTAl AVERAGE AVERAGE
OOR CODE PARCELS FT OF UNITS UNITS BUILDING PARCEL SQ-FT ACRES VALUE VALUE SQ-FT DESCRIPTION
SQ-FT (3) .
01 10.903 28,137,721 10,903 0.93 2,581 148,855,663.8 3,434.7 $1,622,720,315 $57.67 Single Family Residential
03 14 123,824 118 .0.01 1,050 3,528,148.8 81.0 $56,651,170 $40.00 Multi Family Residential (1 )
04 483 618,202 483 0.04 1,280 525,972.0 12.1 $26,039,125 $42.12 Condo Residential
08 74 277,728 198 0.02 1 ,400 796,150.0 18.3 $10,749,605 $38.71 Multi Family Residential (2)
11,474 29,157,475 11,702 2,492 153,705,935 3,546 1,716,160,215 $56.53 TotalslWeigtlted Average
. Data contianed In the above table was taken from Sml:llnole County Property Appraiser's data, March 2003.
(1) Apartments - Assumes equal property value and apartment sq-ft per unit
(2) Duplexes - Assumes equal property value and duplex sq-ft per unit
(3) Average building sq-ft for apartments and duplexes provided by City of Winter Springs
(4) Apartment averageproperty value per sq-ft based upon typical market value (Land Design Innovations, Inc.)
Fire Impact Fee:
Base Impact
Fee per Sa-Ft
Credit
Millage
Credit
2003 Impact Fee
Flat Rate Per Residential Unit (5)
2003 Residential Rate:
2004 Residential Rate:
2005 Residential Rate:
2006 Residential Rate:
2007 Residential Rate:
0.086
0.086
0.086
0.086
0.086
$41.00
$39.87
$38.64
$37.34
$35.94
nfa
$173.28
$174.41
$175.64
$176.94
$178.34
Police Impact Fee:
2003 Residential Rate:
2004 Residential Rate:
2005 Residential Rate:
2006 Residential Rate:
2007 Residential Rate:
0.113 $176.08 nfa $105.47
0.113 $169.77 $111.78
0.113 $163.02 $118.53
0.113 $155.79 $125.76
0.113 $148.05 $133.50
Parks Impact Fee:
2003 Residential Rate:
2004 Residential Rate:
2005 Residential Rate:
2006 Residential Rate:
2007 Residential Rate:
0.834 $639.13 $524.34 $914.53
0.834 $630.55 $518.79 $928.66
0.834 $621.37 $512.85 $943.78
0.834 $611.54 $506.49 $959.96
0.834 $601.03 $499.69 $977.27
(5) RESIDENTIAL IMPACT FEE RATES BASED UPON WEIGHTED A VERAGE SIZE AND WEIGHTED A VERAGE PROPERTY VALUE AS REPRESENTED IN THE TABLE ABOVE.
BROWN, SALZMAN, WEISS & GARGANESE, P.A.
Attornrys at Law
Usher L. Brown ·
Suzanne D'Agrestaa
Anthony A. Garganesea
Gary S. Salzman.
John H. Ward ·
Jeffrey S. Weiss
Offices in Orlando, Kissimmee,
Cocoa & Viera
Debra S. Babb-Nutcher
Jeffrey P. Buak
John U. Biedenharn, Jr.
Joseph E. Blitch
Michelle H. Brett
Douglas Lambert
Jennifer A. Michael
Michelle A. Reddin
Vincent E. Scarlatos
.Board Certified Civil Trial Lawyer
.Board Certified Business Litigation Lawyer
aBoard Certified City, County & Local Government Law
Erin J. O'Leary
Of Counsel
April 1 0,2003
Ronald McLemore
City Manager
City of Winter Springs
1126 East State Road 434
Winter Springs, FL 32708
Re: Impact Fee Ordinance
City of Winter Springs I General File No. 1193
Dear Ron:
As you requested enclosed is the alternative fire, police, and parks and recreation
impact fee ordinance. The alternative ordinance reflects a flat fee under the residential
category.
If you have any questions regarding this ordinance, please feel free to call.
Anthony A. Garganese
City Attorney
AAG:jf
Enclosure
225 East Robinson Street, Suite 660. P.O. Box 2873. Orlando, Florida 32802-2873
Orlando (407) 425-9566 Fax (407) 425-9596' Kissimmee (321) 402-0144. Cocoa & Viera (866) 425-9566
Website: WW'N.orlandolaw.net . Email: firm@orlandolaw.net
DRAFT 4-10-03
ALTERNATIVE FEE STRUCTURE
ORDINANCE NO. 2003-04
AN ORDINANCE OF THE CIlY COMMISSION OF THE CIlY
OF WINTER SPRINGS, FLORIDA, AMENDING THE CODE OF
ORDINANCES CHAPTER 9, ARTICLE VDI, 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 SEVERABILIlY; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Winter Springs, Florida, has previously found and
determined it to be in the best interest of the safety, health, and welfare of the citizens of the City of Winter
Springs to establish police, fire and other impact fees to require new development to pay their equitable share
of public improvements that must be constructed to serve new growth; and
WHEREAS, the City Commission has commissioned an impact fee study and has retained Land
Design Innovations, Inc. ("LDI") to complete the study and prepare a report on the 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, Fire/Rescue 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 Pinel/as County v. City of Dunedin, 329 So. 2d 314 (Fla. 1976); Wald v. Metropolitan Dade
County, 338 So. 2d 863 (Fla. 3d DCA 1976); Hollywood, Inc. v. Broward County, 431 So. 2d 606 (Fla. 4th
DCA 1983); and
WHEREAS, the City Commission finds that Section 163.3202(3), Florida Statutes, encourages the
use of innovative land development regulations which includes the adoption of "impact fees," and
City of Winter Springs
Ordinance No. 2003-04
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ALTERNATIVE FEE STRUCTURE
WHEREAS, the City Commission also finds that the impact fees required by this Ordinance are
necessary to mitigate impacts reasonably attributable to new development; and
WHEREAS, the City Commission also recognizes that the Florida Legislature has mandated that
local government plan comprehensively for future growth and that this regulatory Ordinance is consistent
with that mandate. See, e.g., Ch. 163, Fla. Stat.; and
WHEREAS, new land development activity generates public facility and service demands within the
City and it is reasonable to require new development to pay a fair share of the cost of expanding new public
facilities and services attributable to new development; and
WHEREAS, this Ordinance is enacted pursuant to the Florida Municipal Home Rule Powers Act,
Chapter 163, Florida Statutes, the City of Winter Springs Comprehensive Plan, and other applicable law
authorizing a municipality to set rates, fees, and charges for new development; and
WHEREAS, it is in the best interests of the public health, safety, and welfare of the citizens of
Winter Springs to amend the City's police, fire/rescue, and parks and recreation impact fees and procedures.
NOW, THEREFORE, THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS
HEREBY ORDAINS, AS FOLLOWS:
Section 1. Recitals. The foregoing recitals are hereby incorporated herein by this reference.
Section 2. Code Amendment, Chapter 9, Article VIII, Division 3. The City of Winter Springs
Code, Chapter 9, Article VIII, Division 3, is hereby amended as follows (underlined type indicates additions
and strikeout type indicates deletions):
ARTICLE VIII. IMPACT FEES
* * *
DIVISION 3. POLICE. FIRE. AND PARKS AND RECREA nON
PUDLIC SAFETY FACILITIES
Sec. 9-391. Polite public. safety ;mpact fee. Generally.
[l'olice public safety rmpaa fee Plovisiol1s ate set forth hereil1 as sections 9-391.1 tll10ugll 9-391.12.]
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
Management Act mandates that local government plan comprehensively for future growth and that
City of Winter Springs
Ordinance No. 2003-04
Page 2 of 19
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ALTERNATIVE FEE STRUCTURE
this division is consistent with that mandate. In addition. Section 163.3202(3). Florida Statutes.
encourages the use of innovative land development regulations which includes the adoption of
"impact fees." Further. new land development activity generates public facility and service demands
within the City and it is reasonable to require new development to pay a fair share of the cost of
expanding new public facilities and services attributable to new development. This division is enacted
pursuant to the Florida Municipal Home Rule Powers Act Chapter 163. Florida Statutes. the City
of Winter Springs Comprehensive Plan. and other applicable law authorizing a municipality to set
rates. fees. and charges for new development.
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 and equipment attributable to new construction within the city limits, impact fees
are hereby levied on new construction within the city limits in accordance with the provisions of
section 9-391.5, payment of fees, and other provisions of this division. This division is intended to be
consistent with the principles for allocating a fair share of the cost of new public facilities to new
users as established by the Florida Supreme Court. In support of. and as legal iustification for. the
impact fees adopted under this division, the city commission hereby adopts by reference the report
prepared bv Land Design Innovations. Inc. entitled. "City of Winter Springs Impact Fee Analysis
Report for Police. Fire/Rescue and Parks & Recreation." dated November 2002.
Sec. 9-391.2. Definitions.
Unless otherwise specified herein, the definitions, classifications and uses shall be as set forth
in the City of Winter Springs Land Development Code.
W Building permit: Any building or construction permit required under the Winter 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 city to provide firefighting and fire protection
services and paramedic services to the citizens of Winter Springs.
.c9l 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 to.....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.
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Ordinance No. 2003-04
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ALTERNATIVE FEE STRUCTURE
(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 of Winter Springs.
Ui} 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 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.
ill.) 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, 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.
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Ordinance No. 2003-04
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ALTERNATIVE FEE STRUCTURE
Sec. 9-391.5. Payment of fees.
(a) Time of payment. The impact fees required to be paid under this division shall police public
safetJ facilities fee is to be paid prior to or 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 contribution of land or capital facilities for
public use which is reasonably related to the purpose of the credited impact fee. Credit for any
in-kind contribution shall be on a fair 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 if-s the city's current
land use and zoning designation~. 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 contribution 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 of fee. The following impact fees are hereby adopted: The police public safety
facilities to be paid Plior to or in cOI~unction with the issuance of a buildilIg peun:it shall be levied
based UpOII the foHovoving f01I1lula culd in the following amoUllts.
(1) Residential.
(CAI x RC)/RDU - Cost pel dwe!ljng unit.
(2) Non-residential.
(CAI x NC)/1'.q:SF - Cost pel square foot of non-residehtial development.
CAI
RC
NC
RDU
NSf
e.
Capital asset inventory.
Pel ceh't residential calls.
reI centage of nom c.sidential calls.
Number of I esidential dwelling units
Noll-l~sidential squatc. footage (Non-Iesidential fee shall be
levied upon t11at portion of a stl ucture \'\< hiGh is classified as
MIlt esidential).
City of Winter Springs
Ordinance No. 2003-04
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ALTERNATIVE FEE STRUCTURE
(1) Fire:
(i) Residential:
Impact Fee Payment Year Impact Fee Due
2003 $173.28
2004 $174.41
2005 $175.64
2006 $176.94
2007 $178.34
-Fee includes the same non-residential development credit set forth below.
(ii) Non-residential: $0.326 oer square foot.
However, for non-residential development a credit shall be deducted from the calculated
base fire impact fee to offset payments which new development will incur (in the form of
personal service taxes and franchise fees) to retire outstanding City of Winter Springs bonds
which were used to finance past fire capital improvements as follows:
Impact Fee Payment Year Total Credit Due
2003 $105.47
2004 $111.78
2005 $118.53
2006 $125.76
2007 $133.50
(2) Police:
(i) Residential:
Impact Fee Payment Year Impact Fee Due
2003 $105.47
2004 $111.78
2005 $118.53
2006 $125.76
2007 $133.50
-Fee includes the same non-residential development credit set forth below.
City of Winter Springs
Ordinance No. 2003-04
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ALTERNATIVE FEE STRUCTURE
(ii) Non-residential: $0.164 per square foot.
However. a credit shall be deducted from the calculated base police impact fee to offset
payments which new development will incur (in the form of personal service taxes and
franchise fees) to retire outstanding City of Winter Springs bonds which were used to finance
past police capital improvements as follows:
ImDact Fee Pavrnent Year Total Credit Due
2003 $176.08
2004 $169.77
2005 $163.02
2006 $155.79
2007 $148.05
(3) Parks and Recreation:
(n Residential:
Impact Fee Payment Year Impact Fee Due
2003 $914.53
2004 $928.66
2005 $943.78
2006 $959.96
2007 $977.27
-Fee includes credit which new development will incur to retire outstanding bonds which were used to finance past
pat:k.s and recreation capital improvements and to retire the Wmter SpringS General Obligation Bond, Series 2002.
(ii) Non-residential: None.
(4) Fire. Police. and Parks and Recreation fees and credits have been determined
through 2007. A reassessment of the impact fees and credits shall be provided prior to 2007
and codified in the City Code.
Sec. 9-391.6. Credits.
In addition to the discretionary credits authorized by the city commission under section 9-391.5(b ).
Aw1 applicant for a building permit shall be entitled to a credit against future impact fees assessed
pursuant to this division for contributions, 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 fair market value of any contribution ofland or capital facilities
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Ordinance No. 2003-04
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ALTERNATIVE FEE STRUCTURE
for public use. The impact fee credit and the applicable contribution, dedication. or improvements
must be reasonably related. The fair market value shall be determined as of the date the city
commission accepts the offer of such contribution. The fair 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 designation~. 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
contribution of land or capital facilities for public use was made within the year preceding the
effective date of this division, and the contribution ofland or capital facilities for public use has been
or will be included in the capital asset inventory of the police department of the city for which the
impact fee is imposed.
Sec. 9-391.7. Establishment of a trust fund.
(a) The impact fees collected by the city pursuant to this division shall be kept separate from
other revenue of the city and a capital expansion trust fund is hereby created for each impact fee
category created under this division as follows:
ill Police Protection Capital Expansion Trust Fund.
(2) Fire Protection Capital Expansion Trust Fund.
(3) Parks and Recreation Capital Expansion Trust Fund.
(b) Use of Funds. The amounts in the impact fee police plotection capital expansion trust fund~
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 for capital facilities 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
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ALTERNATIVE FEE STRUcrURE
(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
Each 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 of police public safety facilities the impact fees paid hereunder may be allowed upon
application thereof, 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:
(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;
City of Winter Springs
Ordinance No. 2003-04
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ALTERNATIVE FEE STRUCTURE
(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 law principles of equitable estoppel and vested rights set forth in case law.
(b) For the purpose of this section, the following factors shall be considered in determining
whether it would be inequitable to deny the petitioner the opportunity to complete the previously
approved development:
(1) Whether the injury suffered by the petitioner outweighs the public cost of allowing
the development to go forward without payment of the fee required by this division;
(2) Whether the expense or obligations were made or incurred subsequent to May 14,
t996 November L 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 elloneous 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 sel \lice inlpact, police impact fees required by this division and their
designated uses, or contributions to the capital asset inventory of the pcliee 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
subiect to penalty pursuant to applicable code enforcement procedures. Notwithstanding the criminal
eity of Winter Springs
Ordinance No. 2003-04
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ALTERNATfVEFEESTRUCTURE
penalty provided for herein, the city may obtain an injunction or other legal or equitable relief in the
circuit court against any person violating this division.
Sec. 9-391.12. Appeal.
Any person aggrieved by any portion of this divisioI1shall 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
of Winter 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
Sec. 9-396. Fit e public safety facilities inlpact fee.
[pire public safety impact fee Plovisions ate set ror;.ll helein as sections 9-J9G.l thtough 9-J9G.12.]
Sec. 9-396.1. Lel')' and pUI pose.
Fo! the purpose of helping to defia:Y the cost ofnG~ 01 eApanded fire facilities atld equipll1ent
attributable to new constluctiol1 withil1 the city limits, inlpact fees are heleby levied on new
constluction vvithin the city linbts in accordance with the plovisions ofsectiol1 9-J9G.5, payment of
fees, atId othet p!ovisions of this division. TIllS division is intended to be consistel1t with the
principals fur allocating a fail shate of the cost of new public facilities to new usels as established by
the Flo!ida Supleme COUlt.
City of Winter Springs
Ordinance No. 2003-04
Page 11 of 19
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ALTERNATIVE FEE STRUCTURE
Sec. 9-396.2. Definitions.
Unless othe! yv ise specified he! ein, the definitions, classifications and uses shall be as set forth
in the City of\Vinter Springs Land Development Code.
Duildihg penuit. Any building or constl uction peIluit I equi! ed unde] the ~vVinte! Splihgs
Duildtllg Code, Chap tel G of this Code.
.Pire public safety facilities capital impIO'\1enlents. Tile land, building, facilities, vehicks and
equipmellt hecess<try fOI the file deparl.ment of the city to plovide firefighting and file plotection
seI vices and pma111edic seI vices to the citizens oPvV-intel Splmgs.
No111esidential. Includes alllalld uses not otherwise specified aSlesidehtial or exempted as
set fortll herein. This shall include, but is hot limited to day cm e facilities, residential cal e facilities,
nurStllg homes, boat ding houses, home occupations, educational facilities, librm ies, cultul al facilities,
chUlches, ail comnlelcial uses, all tlatlsient lodging atld entertainment facilities except those which
ale tempOlaty in natule, all automotive facilities mlmic1 stIuctu!es, all miscellatleous busihess uses
and sel v ices atld ail industl ial uses.
Residential. Includes single-family dwellings, ll1ulti-fmllily dwelling units, mobile homes,
accessory d w eHing units, accessory I esidentiai stl tlctures.
Sec. 9-396.3. Applicability and exemptions.
This division shall apply to ail ne\\< constluction within the city limits except the fullowing.
(1) .Expatlsion of a I esidehtiai d weHihg unit hot (,1 eattllg mlothel d welling unit, and
(2) Remodeling or I ebuilding of atry StructUl e, atId
(J) Constluction unclel ml} building penuit originally issued durihg the yeal pleceding
the effective date ofth:is OIdinance No. 488 [Jul} 9, 1990], and
City of Winter Springs
Ordinance No. 2003-04
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ALTERNATIVE FEE STRUcrURE
(4) Temporary activities and uses includin~, but not limited to temporary cOhstruction
and teltlpOrary C0l11111ercial amusenlents, and
(5) PubliG ser v ice str UGtur es, and
(G) Publicly o\1Vhed arId operated buildin~ or struGtures used fur ~eneral gOvernmental
pU1poses (to include but not limited to sewer, storl11water, fire, ground trarlsportatioh, solid
waste, path, reGreation and Gultur-al purposes), and
(7) Construction associated with raising animals, and
(8) Construction related to a~riculture.
Sec. 9-396.4. Detel'nlillatioll of fee amounts.
Impact fees shaH be determined and reviewed at least every other yecu in accOrdatlce with a
detailed atIalysis of projected construction withir. the city limits, tile cost of cilly expcillded or new
capital facilities cuId equipnleltt fur fir e public serv ice faGilities generated by such constr uGtion cilld the
money other wise available to Itleet such costs. The Gity Gommissioh may annually adjust the
established impact fee rate to reflect the Ghcill~eS in the cost of relevant capital facnities and
equipment. All dlcill~es or adjustments in the established impaGt fee rates shaH be made by ordinance
and shall apply only to construction for whiGh buildin~ permits are issued after the effective date of
such or di.1lci1lce.
Sec. 9-396.5. Payment of fees.
( a) Time of pay mellt. The fu e public safety facilities fee is to be paid pr iOl to or in conjunction
with the issuance of a building permit.
(b) Metllod ofpayment. Impact fees shall be paid in Gash unless tIle city commission specifically
accepts cill in-kind Gontributiol1 of land or capital facilities fur public use. Credit fur any in-kir.d
contribu1.ioh shaH be 011 a fait market value basis as of the date the city. Gom11lissiol1 aGcepts the offer
of SUGh contribution. The fair mcilket value of ciltj lcilld aCGeptGd as an in-kind contribution shall be
eity of Winter Springs
Ordinance No. 2003-04
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ALTERNATIVE FEE STRUCTURE
based UpOh an appraisal of its highest and best use then allowed undeI its current land use
designation. Such appraisal shaH be paid fOl by the. donol.
(c) Amount of fee. The file public. safety facilities to be paid prior to 01 in cOI~unction with the
issuance. of a building pe1!uit shaH be le\1ied based UpOlI the fOllowing fOrmula and in tile following
amounts.
(1) Residential.
(CAI X RC}/RDU Cost pel dweHing unit.
(2) Non-I esidential.
(CAI X NC)/NSF'" Cost per squale fOot of 1I01I-lesidential development.
CAI
RC
NC
RDU
NSP
Capita:l asset in vento!).
reI cent I esidential calls.
reI centage of nom esidentia:l calls.
Nunlbe1 of I esidentia:l d wellilIg units.
Nomesidentia:l squale footage (Non-Iesidential fee shall be
Ie\' ied upon that portion of a stl ucture. ~ hich is classified as
nOlll esidential).
Sec. 9-396.6. C. edits.
An applicallt for a building pel mit sha:ll be entitled to a C1 edit against futm e impact fees
assessed pursuant to this Ordinance rOI contributions, dedications, 01 implovenlelits required by the
ciry 01 through agreemelIts ~ith the city as a condition of allY developll1elIt pellllit by the city, and
said cledit shall be an amount equal to the fail malket value. of any contlibution ofland 01 capital
facilities for public use. The fail malket va:lue. sha:ll be detemuned as of the date the city conlluission
accepts the offer of such contribution. The fail malket value. ofany land acceptGd fOr cledit of future
impact fees shall be based upon an applaisal of its highest and best use and then a:llowed undeI its
City of Winter Springs
Ordinance No. 2003-04
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ALTERNATIVE FEE STRUCTURE
cUIIent land use designation. Such applaisal sllall be paid rol by tlle donol. No cIedit wiH be gHl11ted
pursuant to this section unless the contlibution oflahd or capital facilities for public use \'Vas made
withilt the year pleceding the effective date o[this Ordinance No. 4788 [July 9, 1990], and the
conttibution ofland or capital facilities rol pubic use has been 01 wiH be induded in the capital asset
in v entol) of the fil e depar tl11ent of the City of \Yintel S pI ings.
Sec.. 9-396.7. Establishment of a tr ust fund.
(a) The impact f~es collected by the city pUlsuant to tllis division shall be kept sepalate fioIn
othel 1 evenue of the city and a capital exparlsiol1 tt ust flUId is hel eby Cl eated. Pit e Plotection Capital
DXpallSion Trust fund.
(b) Use of funds. The alnounts in the fit e plotection capital expansion trust fund shaH be used
only rol the purpose contained il1 the title of such fund and fol no otllel purpose. DxpendittlI es fi om
the fuhd shall be specifically apploved by the city conl1lnssion alld shall be limited to the
c.xpa:hsion/acquisition of capital faGilities or equipment made necessar y by the new constl uGtion from
which the fees wel e collected 01 for principal payments (indudittg sinking fand pa} luents) on bonds
to expand 01 acquil c. sodl facilities or equipmellt. Derol e authorizing all expenditure fi. om arlY one of
these tlust funds, the Cft} cOl1l1uission slla:ll detelmllle that.
(1 ) Such expenditure is for capital facilities or equipment to be used for the purpose
contaiiled in the title of the tl ust fuhd fi om \'V hich the expenditure is to be made, arId
(2) Such expenditUl e is made necessary by the net\- constl uction fi om w hid I such funds
wew collec.ted, and
(3) Such expendftul e sllalll c.Sult in a bendlt to the new constl uction fi. om which said
fuhds were collected.
Sec. 9-396.8. Capital expansion plans.
The city's fire deparimel1t, whidl is to receive fands collected pursuant to this itllpact fee
ordinallCe shall plepme and maintain a capital eXpa1ISiOlI plah for its individual funds which sllall be
for a petiod of no less than one (1) year. The fire departnlent's plan shall be 1 eviewed arId apprOved
City of Winter Springs
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ALTERNATIVE FEE STRUCTURE
by the cit} conullission at kast amlUally during the budget rCvit:.w process.
Sec. 9-396.9. Refunds.
Refunds offue public safrt} facilities fees paid heleundeI may be allowed upon application
thetef01 when it is deteII1lined that no constIUction undeI a building pt:.lnlit has OCCUI1cd, and the
building pemlit issued fuI such const! uction has expi1 ed or otheI \tv ise been cancelled.
Sec. 9-396.10. Vested lights.
(a) A developeI 01 SUCCCSSOI in thtclest of land ~h:ich has Iecei\<ed a building pelnlit may
petition the city conmlission fur a vested lights deteII1lil1ation wllich would exempt the petitioneI
flom the plovisions of this division. Such petition shall be evaluated by the. city att0111CY and a
recommendation thereon subnlitted to the city conmlission based upon the foHowing "Iitelia.
(1) There exists a valid, uIle.xpil ed gOveI lIment act of auth01 izing a spe.cific development
for wllich a deteII1lination is sought,
(2) Dxpenditules 01 obligatiohs made 01 ihcuned in reliance upon the autholiL.ing act
that Me reasonably equi'\1alent to the fees Iequiled by tIlis division,
(3) That it would be inequitable to deny the petitioneI the opportUIlity to complete the
pleviously app!ovcd developluent uhdel the conditions of approval by Iequi!il1g the
developel to comply with the lequilements of this division.
(b) I' or the purpose of this seaion, the folio wing factols shall be. considel ed in detellll.ining
whethel it WOuld be inequitable to deny the petitionel the opportUIliry to cOI1lplete the Pieviously
apprOved development.
(1) Vlhether tile injury suffe! ed by the petitioner outweighs the public cost of allowing
thc developIllent to go ful ~a1d without payment of the fee required by this division,
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(2) \\lIetheI the eApens(, 01 obligations wele made or incuned subsequent to May 14,
1990, aftel ~hich da} the adoption of this Ordinal1ce was pending, al1d
(3) \Vl1ethel tile opeIatioli of this division would cleaN~ an eJloneous bulden whidl
would prevent pelitiohel flonl ma:lcihg a leasona:ble letu1l1 on his investment.
(c) The city shall not peuuit the extension of a bui:lding pel1n1t beyond tile initial t.ulle for
activcrtion \'Vithout the applicant conlplying with this 0ldinance.
(d) If a Ple"iously appro~ed development ordel or othel binding agleement contained
conditions legatditlg file sel vice, impacts, fire impact fees and their designcrted uses, 01 contributions
to the capital asset inventory of the fiIe department, the developer 01 his successor nlay lequest a
modification of such Plior applovalS in oldel to bling the apploval cohditions itrto cOlisistelicy.
Sec. 9~396.1l. Penalty fin liolatioll.
Violation of tllis di v ision shall constitute a nnsdelt'teanol of the second degl ee.
Notwithstatlding the Criln1nal penalty plovided rol heleili, the city Ihay obtain at} it~unction 01 otllel
legal equitable I elief it} the eft cuit COUIt against all)1 pel son violating this 01 dit1ance.
Sec. 9-396.12. Appeal.
Any pelson agglieved by any portion of this divisioli shall appeal directly to tIle cit}
comrnissioli. To file atI appeal, all indi vidual must BIG all application with the city luana-gel atld submit
such infunncrtion and documel1tation with said application as may be lequired by the, city luana-ger.
The city lUatIa-gel shall make a detelmnlation as to the sufficiency of the applicatioh. An application
for appeal nlllst be filed \1\-itIl the city manager ~ithi:h thirty (30) days of any action tak.eh by the city
rol ~hich a pel son is aggrie\1 ed.
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.
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Section 5. Incorporation Into Code. This ordinance shall be incorporated into the Winter
Springs City Code and any section or paragraph number or letter and any heading may be changed or
modified as necessary to effectuate the foregoing.
Section 6. Severability. If any section, subsection, sentence, clause, phrase, word or
provision of this ordinance is for any reason held invalid or unconstitutional by any court of competent
jurisdiction, whether for substantive, procedural, or any other reason, such portion shall be deemed a
separate, distinct and independent provision, and such holding shall not affect the validity of the remaining
portions of this ordinance.
Section 7. Effective Date. This Ordinance shall become effective immediately upon adoption
by the City Commission of the City of Winter Springs, Florida, and pursuant to City Charter.
ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular meeting
assembled on the _ 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:
ANTHONYA.GARGANESE
City Attorney
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First Reading
Posted
Second Reading and Public Hearing
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