HomeMy WebLinkAbout2011 09 26 Public Hearing 506 Ordinance 2011-13 Repeal Public Building Impact Fee 2nd ReadingCOMMISSION AGENDA
ITEM 506
CONSENT
INFORMATIONAL
PUBLIC HEARING X
REGULAR
September 26, 2011 MGR /DEPT
Meeting Authorization
REQUEST: City Manager Requesting the City Commission Approve on Second Reading
Ordinance #2011 -13 which Repeals the Public Building Impact Fee
SYNOPSIS: The purpose of this agenda item is for the City Commission to consider repealing the
Public Building Impact Fee which was established in 2003. Sufficient monies are
available in the fund to complete the contemplated improvements to City Hall. No
other unfunded growth related public building needs have been identified to warrant
continuation of this impact fee.
CONSIDERATIONS:
The public building impact fee was established in 2003 with the adoption of Ordinance 2003-
38. The growth related needs identified for the creation of this impact fee were two phases of
expanding City Hall and construction of a portion of the public works compound at a total projected
cost of $2,924,000.
Due to the ongoing efforts to optimize City Hall staffing requirements, the need to expand
City Hall has been eliminated and only interior modifications are needed to implement the customer
service initiatives currently envisioned. Included in these modifications is upgrading the phone
system. The remaining construction for the Public Works Compound is the Admin Building which
has sufficient funds set aside from the Enterprise Funds for that construction at a future date.
As of 9/30/2010, the Public Buildings Impact Fee Fund had a balance of $391,530 which will
be sufficient for the interior modifications and phone system upgrade. These funds can only be used
for growth related public building impact fee improvements.
The current public building impact fees are a maximum of $400 per dwelling unit and $925
per 1,000 square feet for commercial.
201109 26 Public Hearing 506 Public Hearing Ordinance 2011 -13 Repeal Public Building Impact Fee 2nd Reading
City Commission — Regular Meeting
September 12, 2011
Public Hearing Agenda Item 506
Page 2 of 2
FISCAL IMPACTS:
The repeal of this impact fee will result in a savings to new development or redevelopment of
up to $400 per dwelling unit and up to $925 per 1,000 square feet for commercial development.
COMMUNICATION EFFORTS:
This Agenda Item Has Been Electronically Forwarded To The Mayor And City Commission,
City Manager, City Attorney /Staff, And Is Available On The City's Website, LaserFiche, And The
City's Server. Additionally, Portions Of This Agenda Item Are Typed Verbatim On The Respective
Meeting Agenda Which Has Also Been Electronically Forwarded To The Individuals Noted Above,
And Which Is Also Available On The City's Website, LaserFiche, And The City's Server; Has Been
Sent To Applicable City Staff, eAlert /eCitizen Recipients, Media/Press Representatives Who Have
Requested Agendas /Agenda Item Information, Homeowner's Associations/Representatives On File
With The City, And All Individuals Who Have Requested Such Information.
This Information Has Also Been Posted Outside City Hall, Posted Inside City Hall With
Additional Copies Available For The General Public, And Posted At Five (5) Different Locations
Around The City. Furthermore, This Information Is Also Available To Any Individual Requestors.
City Staff Is Always Willing To Discuss This Agenda Item Or Any Agenda Item With Any Interested
Individuals. In addition, development services staff is advising any affected applicants in the permit
review process of the potential repeal of this impact fee.
The Notice of Public Hearing for this Ordinance was advertised on September 15, 2011 in
the Orlando Sentinel classifieds. A copy of the ad is attached.
RECOMMENDATION:
Staff recommends the City Commission hold a public hearing and approve on second
reading Ordinance 2011 -13 repealing the Public Building Impact Fee.
ATTACHMENTS:
1. Ordinance 2011 -13 (7 pages)
2. Ordinance 2011 -13 Classified Ad (1 page)
201109 26 Public Hearing 506 Public Hearing Ordinance 2011 -13 Repeal Public Building Impact Fee 2nd Reading
ORDINANCE NO. 2011 -13
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
REPEALING THE PUBLIC BUILDING IMPACT FEE
ESTABLISHED BY ORDINANCE 2003 -38; AUTHORIZING THE
EXPENDITURE OF FUNDS REMAINING IN THE PUBLIC
BUILDING CAPITAL EXPANSION TRUST FUND FOR
PURPOSES CONSISTENT WITH SECTION 9 -391.7 (b) OF THE
CITY CODE; PROVIDING FOR THE REPEAL OF PRIOR
INCONSISTENT ORDINANCES AND RESOLUTIONS,
INCORPORATION INTO THE CODE, SEVERABILITY, AND AN
EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Winter Springs, Florida, previously adopted
Ordinance No. 2003 -38 establishing a public building impact fee to require new development to pay their
equitable share of public improvements that must be constructed to serve new growth; and
WHEREAS, since the adoption of Ordinance No. 2003 -38, the City has been collecting public
building impact fees and maintaining said fees in the Public Building Capital Expansion Trust Fund; and
WHEREAS, due to the recent economic recession and previous City budget adjustments relative
to City personnel staffing requirements, the City Commission hereby finds that the City no longer requires
construction of certain public building improvements originally contemplated in the adopted impact fee
project list for public buildings; and
WHEREAS, as a result, the City Commission desires to repeal the public building impact fee
previously adopted pursuant to Ordinance No. 2003 -38; and
WHEREAS, the City Commission also finds that in lieu of construction of the previously
contemplated two phase City Hall expansion project, the City desires to complete a smaller City Hall
renovation project, including modifications to the lobby and upgrade to the City Hall phone system, that
will more economically allow the City to handle the previous growth experienced by the City since the
adoption of Ordinance No, 2003 -3 8, as well as future growth projections in the foreseeable future; and
WHEREAS, the City Commission hereby authorizes that any funds remaining in the Public
Building Expansion Trust Fund shall be used for aforementioned City Hall renovation project and /or such
other public building capital improvement projects that maybe authorized by the City Commission; and
City of Winter Springs
Ordinance No. 2011 -13
Page 1 of 7
WHEREAS, the City Commission declares that the use of such funds for said purposes is
consistent with the expenditure requirements set forth in section 9 -391.7 (b) of the City Code; 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, the City Commission hereby finds that this Ordinance is in the best interests of the
public health, safety, and welfare of the citizens of Winter Springs.
NOW, THEREFORE, THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS
HEREBY ORDAINS, AS FOLLOWS:
Section 1. Recitals. The foregoing recitals are hereby 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 type indicates deletions, while asterisks (* * *) indicate a deletion from this Ordinance of text
existing in Chapter 9, Article VIII, Division 3. It is intended that the text in Chapter 9, Article VIII,
Division 3 denoted by the asterisks and set forth in this Ordinance shall remain unchanged from the
language existing prior to adoption of this Ordinance):
ARTICLE VIII. IMPACT FEES
DIVISION 3. POLICE, FIRE, AND PARKS AND
RECREATION
Sec. 9-391. Generally.
The city commission hereby establishes police, fire, nd 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 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.
City of Winter Springs
Ordinance No. 2011 -13
Page 2 of 7
Sec. 9- 391.1. Levy and purpose.
For the purpose of helping to defray the cost of new or expanded police, fire, p�rbe
and parks and recreation facilities and equipment attributable to new construction within
the city limits, impact fees are hereby levied on new construction within the city limits in
accordance with the provisions of section 9- 391.5, payment of fees, and other provisions of this
division. This division is intended to be consistent with the principles for allocating a fair share of
the cost of new public facilities to new users as established by the Florida Supreme Court. In
support of, and as legal justification for, the impact fees adopted under this division, the city
commission hereby adopts by reference the reports prepared by Land Design Innovations, Inc.
entitled, "City of Winter Springs Impact Fee Analysis Report for Police, Fire /Rescue and Parks &
Recreation," dated November 2002 "
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.
L11Q 194
(go Residential: Includes single - family dwellings, multifamily dwelling units, mobile homes,
accessory dwelling units, accessory residential structures.
Sec. 9- 391.5. Payment of fees.
(c) Amount of fee. The following impact fees are hereby adopted:
City of Winter Springs
Ordinance No. 2011 -13
Page 3 of 7
1 AI oil I I III 11 9 111 111 111 1 1 11 oil 1I III 1 111111 11 1 11 il III III 1 11 111 1
11 91 0 I�� ♦ - ♦♦ - ♦♦ �- ♦- - ♦♦ - - - ♦ - a-- -- dM I -- - --
11
T
T
T
=
_I
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:
Sec. 9- 391.8. Capital expansion plans.
The city's police, fire and parks and recreation department, which i� are to receive funds
collected pursuant to this impact fee division, shall prepare and maintain a capital expansion plan
for their respective individual funds which shall be for a period of no less than one (1) year. Each
department's plan shall be reviewed and approved by the city commission at least annually during U la the budget review process. ' I- la
Sec. 9- 391.10. Vested rights.
City of Winter Springs
Ordinance No. 2011 -13
Page 4 of 7
(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 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;
(4) 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) With respect to the relevant impact fee, Wwhether the expense or obligations were
made or incurred subsequent to November 1, 2002, after which day the adoption of the
police, fire, and parks and recreation impact fees required by this division was pending, - or
1 ,K)1 K►J V 1,l-IV V ✓, K1Vr�1 ♦ • 111 V11 �.FK ] V11 �/ K�rFV �../ V1 V11 V1 V11 �/ �.../ KV11V V K11 �.F111)1►J 1111 /KV V 1�/�/ 1 /V� K11 /�.F V
UIR5 •and•/ 1 1 �/ 1 •/
,,
(3) Whether the operation of this division would create an 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 impact fees required by this division and their designated uses, or
contributions to the capital asset inventory of the 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.
City of Winter Springs
Ordinance No. 2011 -13
Page 5 of 7
Section 3. Use of Public Buildings Capital Expansion Trust Fund. Pursuant to section
9 -391.7 (b) of the City Code, the City Commission hereby authorizes the City to use the remaining balance
of funds allocated to the Public Buildings Capital Trust Fund to be utilized for the City Hall renovation
project identified in the recitals of this Ordinance and/or such other public building capital improvement
project that maybe authorized by the City Commission. Upon the expenditure of all funds allocated to the
Public Buildings Capital Trust Fund by the City, said fund shall be deemed no longer necessary and hereby
cancelled..
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. 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.
[Adoption Page Follows]
City of Winter Springs
Ordinance No. 2011 -13
Page 6 of 7
ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular meeting
assembled on the day of 1 2011.
ATTEST:
ANDREA LORENZO- LUACES
City Clerk
CITY OF WINTER SPRINGS, FLORIDA
CHARLES LACEY
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
City of Winter Springs
Ordinance No. 2011 -13
Page 7 of 7
Cit Of Winter Sprin
1126 E STATE ROAD 434
ORDINANCE NO. 2011 -13
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
REPEALING THE PUBLIC BUILDING IMPACT FEE
ESTABLISHED BY ORDINANCE 2003 -38; AUTHORIZING THE
EXPENDITURE OF FUNDS REMAINING IN THE PUBLIC
BUILDING CAPITAL EXPANSION TRUST FUND FOR
PURPOSES CONSISTENT WITII SECTION 9 -391.7 (b) OF THE
CITY CODE; PROVIDING FOR THE REPEAL OF PRIOR
INCONSISTENT ORDINANCES AND RESOLUTIONS,
INCORPORATION INTO THE CODE, SEVERABILITY, AND AN
EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Winter Springs. Florida, previously adopted
Ordinance No. 2003 -38 establishing a public building impact lee to require new development to pay their
equitable share of public improvements that must be constricted to serve new growth; and
WHEREAS, since the adoption of Ordinance No. 2003 -38, the City has been collecting public
building impact fees and maintaining said fees in the Public Building Capital Expansion Trust Fund; and
WHEREAS, due to the recent economic recession and previous City budget adjustments relative
to City personnel staffing requirements, the City Commission hereby finds that the City no longer requires
construction of certain public building improvements originally contemplated in the adopted impact fee
project list for public buildings; and
WHEREAS, as a result, the City Commission desires to repeal the public building impact f'ec
previously adopted pursuant to Ordinance No. 2003 -38; and
WIIEREAS, the City Commission also finds that in lieu of construction of the previously
contemplated two phase City Hall expansion project, the City desires to complete a smaller City Hall
renovation project, including modifications to the lobby and upgrade to the City Hall phone system, that
will more economically allow the City to handle the previous growth experienced by the City since the
adoption of Ordinance No, 2003 -38, as well as future growth projections in the foreseeable future: and
WHEREAS, the City Coimission hereby authorizes that any funds remaining in the Public
Building Expansion Trust Fund shall be used for aforementioned City Hall renovation project and /or such
other public building capital improvement projects that may be authorized by the City Commission; and
City or Winter Springs
Ordinance No. 2011 -13
Page I of' 7
WHEREAS, the City Commission declares that the use of such funds for said purposes is
consistent with the expenditure requirements set forth in section 9 -391.7 (b) of the City Code; and
WHEREAS, this Ordinance is enacted pursuant to the Florida Municipal Ironic 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 ter new development; and
WHEREAS, the City Commission hereby finds that this Ordinance is in the best interests of the
public health, safety, and welfare of the citizens of Winter Springs.
NOW, THEREFORE, THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS
HEREBY ORDAINS, AS FOLLOWS:
Section 1. Recitals. The foregoing recitals are hereby 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, Division3, is hereby amended as follows (underlined type indicates additions
and NitiL.mt type indicates deletions, while asterisks (* * *) indicate a deletion from this Ordinance oftcxt
existing in Chapter 9, Article VIII, Division 3. It is intended that the text in Chapter 9, Article VIIi,
Division 3 denoted by the asterisks and set forth in this Ordinance shall remain unchanged from the
language existing prior to adoption of this Ordinance):
ARTICLE VIII. IMPACT FEES
* **
DIVISION 3. POLICE, FIRE, , . AND PARKS AND
RECREATION
Sec. 9-391. Generally.
The city commission hereby establishes police, tire, publk 1.,u;id 11 s 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 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.
City of winter Springs
Ordinance No. 2011 -13
Page 2 of 7
Sec. 9- 391.1. Levy and purpose.
For the purpose of helping to defray the cost of new or expanded police, fire, ptrbfic
buildin 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 he consistent with the principles for allocating a fair share of
the cost of new public facilities to new users as established by the Florida Supreme Court. In
support of, and as legal justification for, the impact fees adopted under this division, the city
commission hereby adopts by reference the reports prepared by Land. Design. Innovations, Inc.
entitled, "City of Winter Springs Impact Fee Analysis Report for Police, Fire /Rescue and Parks &
Recreation," dated November 2002 and "Cit of Wint1.4. S Public I„n Pic
Analysis RL, irate) August. 2003.
Sec. 9-391.2. Definitions.
Unless otherwise specified herein., the definitions, classifications and uses shall he as set
forth in the City of Winter Springs Land Development Code.
* * *
tf} Public map tal inipioviAnoits. T1,c land, buildings, fuaitics, and
ad,i,u,lottatry c,t,LC„S (,f Winter S
(ED Residential: Includes single - family dwellings, multifamily dwelling units, mobile hones,
accessory dwelling units, accessory residential structures.
* * *
Sec. 9- 391.5. Payment of fees.
* * *
(c) Amount of fee. The following impact fees are hereby adopted:
* * *
(5) Public Buildings:
(i) $400.00 N om, dwJ1'ru al lit.
.�
City of Winter Springs
Ordinance No. 201 r -r3
Page 3 of' 7
l lc,v�C v�r, C xc dit shall l,c &duacd flow dn., publi.. 1 i1Juxt.; iuxpav,t. f .. to offset
},ay6 vvl ,n w d..vL1 1 nuLxxt w d
di uno (it, the f.v,.h 1.,cr ona1 S. 1 avxcc taAC5 and 1! uc sc fccs) to
improvements as follows:
OMNI WISNPFli
i • .. ( • IF
I -
1 175 . 87
,, 1171`)5
, 167.
11163.27
,,, 1.58.47
* * *
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:
* * *
(4) Public Buildings Capital E pan ion Lust Fund.
* * *
Sec. 9- 391.8. Capital expansion plans.
The city's police, fire and parks and recreation departments, which i are to receive funds
collected pursuant to this impact fee division, shall prepare and maintain a capital expansion plan
for their respective individual funds which shall be for a period of no less than one (1) year. Each
department's plan shall be reviewed and approved by the city commission at least annually during
the budget review process. -
* * *
Sec. 9- 391.10. Vested rights.
C ity of winter Springs
Ordinance No. 2011-13
Page 4 of 7
A developer or successor in interest of land which has received a building permit may
(a ) p by Y
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 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;
(4) 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) With respect to the relevant impact fee, Wwhether the expense or obligations were
made or incurred subsequent to November 1, 2002, after which day the adoption of the
police, fire, and parks and recreation impact .fees required. by this division was pending,-rrr
Au 1,2003, zlftw which day tl,c 2rdoptiim of tlic public buildings nrrpait f1/4.,c rc y t.uicd by
this Lli.virnli ,fas E )Z7.rdin.. ; and
(3) Whether the operation of this division would create an 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 impact frees required by this division and their designated uses, or
contributions to the capital asset inventory of the respective 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.
* *
City of Winter Springs
Ordinance No. 2011 -1 3
Page 5 of 7
ORDINANCE NO. 2011 -13
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
REPEALING THE PUBLIC BUILDING IMPACT FEE
ESTABLISHED BY ORDINANCE 2003 -38; AUTHORIZING THE
EXPENDITURE OF FUNDS REMAINING IN THE PUBLIC
BUILDING CAPITAL EXPANSION TRUST FUND FOR
PURPOSES CONSISTENT WITII SECTION 9 -391.7 (b) OF THE
CITY CODE; PROVIDING FOR THE REPEAL OF PRIOR
INCONSISTENT ORDINANCES AND RESOLUTIONS,
INCORPORATION INTO THE CODE, SEVERABILITY, AND AN
EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Winter Springs. Florida, previously adopted
Ordinance No. 2003 -38 establishing a public building impact lee to require new development to pay their
equitable share of public improvements that must be constricted to serve new growth; and
WHEREAS, since the adoption of Ordinance No. 2003 -38, the City has been collecting public
building impact fees and maintaining said fees in the Public Building Capital Expansion Trust Fund; and
WHEREAS, due to the recent economic recession and previous City budget adjustments relative
to City personnel staffing requirements, the City Commission hereby finds that the City no longer requires
construction of certain public building improvements originally contemplated in the adopted impact fee
project list for public buildings; and
WHEREAS, as a result, the City Commission desires to repeal the public building impact f'ec
previously adopted pursuant to Ordinance No. 2003 -38; and
WIIEREAS, the City Commission also finds that in lieu of construction of the previously
contemplated two phase City Hall expansion project, the City desires to complete a smaller City Hall
renovation project, including modifications to the lobby and upgrade to the City Hall phone system, that
will more economically allow the City to handle the previous growth experienced by the City since the
adoption of Ordinance No, 2003 -38, as well as future growth projections in the foreseeable future: and
WHEREAS, the City Coimission hereby authorizes that any funds remaining in the Public
Building Expansion Trust Fund shall be used for aforementioned City Hall renovation project and /or such
other public building capital improvement projects that may be authorized by the City Commission; and
City or Winter Springs
Ordinance No. 2011 -13
Page I of' 7
WHEREAS, the City Commission declares that the use of such funds for said purposes is
consistent with the expenditure requirements set forth in section 9 -391.7 (b) of the City Code; and
WHEREAS, this Ordinance is enacted pursuant to the Florida Municipal Ironic 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 ter new development; and
WHEREAS, the City Commission hereby finds that this Ordinance is in the best interests of the
public health, safety, and welfare of the citizens of Winter Springs.
NOW, THEREFORE, THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS
HEREBY ORDAINS, AS FOLLOWS:
Section 1. Recitals. The foregoing recitals are hereby 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, Division3, is hereby amended as follows (underlined type indicates additions
and NitiL.mt type indicates deletions, while asterisks (* * *) indicate a deletion from this Ordinance oftcxt
existing in Chapter 9, Article VIII, Division 3. It is intended that the text in Chapter 9, Article VIIi,
Division 3 denoted by the asterisks and set forth in this Ordinance shall remain unchanged from the
language existing prior to adoption of this Ordinance):
ARTICLE VIII. IMPACT FEES
* **
DIVISION 3. POLICE, FIRE, , . AND PARKS AND
RECREATION
Sec. 9-391. Generally.
The city commission hereby establishes police, tire, publk 1.,u;id 11 s 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 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.
City of winter Springs
Ordinance No. 2011 -13
Page 2 of 7
Sec. 9- 391.1. Levy and purpose.
For the purpose of helping to defray the cost of new or expanded police, fire, ptrbfic
buildin 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 he consistent with the principles for allocating a fair share of
the cost of new public facilities to new users as established by the Florida Supreme Court. In
support of, and as legal justification for, the impact fees adopted under this division, the city
commission hereby adopts by reference the reports prepared by Land. Design. Innovations, Inc.
entitled, "City of Winter Springs Impact Fee Analysis Report for Police, Fire /Rescue and Parks &
Recreation," dated November 2002 and "Cit of Wint1.4. S Public I„n Pic
Analysis RL, irate) August. 2003.
Sec. 9-391.2. Definitions.
Unless otherwise specified herein., the definitions, classifications and uses shall he as set
forth in the City of Winter Springs Land Development Code.
* * *
tf} Public map tal inipioviAnoits. T1,c land, buildings, fuaitics, and
ad,i,u,lottatry c,t,LC„S (,f Winter S
(ED Residential: Includes single - family dwellings, multifamily dwelling units, mobile hones,
accessory dwelling units, accessory residential structures.
* * *
Sec. 9- 391.5. Payment of fees.
* * *
(c) Amount of fee. The following impact fees are hereby adopted:
* * *
(5) Public Buildings:
(i) $400.00 N om, dwJ1'ru al lit.
.�
City of Winter Springs
Ordinance No. 201 r -r3
Page 3 of' 7
l lc,v�C v�r, C xc dit shall l,c &duacd flow dn., publi.. 1 i1Juxt.; iuxpav,t. f .. to offset
},ay6 vvl ,n w d..vL1 1 nuLxxt w d
di uno (it, the f.v,.h 1.,cr ona1 S. 1 avxcc taAC5 and 1! uc sc fccs) to
improvements as follows:
OMNI WISNPFli
i • .. ( • IF
I -
1 175 . 87
,, 1171`)5
, 167.
11163.27
,,, 1.58.47
* * *
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:
* * *
(4) Public Buildings Capital E pan ion Lust Fund.
* * *
Sec. 9- 391.8. Capital expansion plans.
The city's police, fire and parks and recreation departments, which i are to receive funds
collected pursuant to this impact fee division, shall prepare and maintain a capital expansion plan
for their respective individual funds which shall be for a period of no less than one (1) year. Each
department's plan shall be reviewed and approved by the city commission at least annually during
the budget review process. -
* * *
Sec. 9- 391.10. Vested rights.
C ity of winter Springs
Ordinance No. 2011-13
Page 4 of 7
A developer or successor in interest of land which has received a building permit may
(a ) p by Y
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 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;
(4) 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) With respect to the relevant impact fee, Wwhether the expense or obligations were
made or incurred subsequent to November 1, 2002, after which day the adoption of the
police, fire, and parks and recreation impact .fees required. by this division was pending,-rrr
Au 1,2003, zlftw which day tl,c 2rdoptiim of tlic public buildings nrrpait f1/4.,c rc y t.uicd by
this Lli.virnli ,fas E )Z7.rdin.. ; and
(3) Whether the operation of this division would create an 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 impact frees required by this division and their designated uses, or
contributions to the capital asset inventory of the respective 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.
* *
City of Winter Springs
Ordinance No. 2011 -1 3
Page 5 of 7
Section 3. Use of Public Buildings Capital Expansion Trust Fund. Pursuant to section
9 -391.7 (b) of the City Code, the City Commission. hereby authorizes the City to use the remaining balance
of funds allocated to the Public Buildings Capital Trust Fund to be utilized for the City Hall renovation
project identified in the recitals of this Ordinance and /or such other public building capital improvement
project that may be authorized by the City Commission. Upon the expenditure of all funds allocated to the
Public Buildings Capital Trust Fund by the City, said fund shall be deern.cd no longer necessary and hereby
cancelled..
Section 4. Repeal of Prior Inconsistent Ordinances and Resolutions. Al.l 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. This Ordinance shall he 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 Convnission of the City of Winter Springs, Florida, and pursuant to City Charter.
[Adoption Page Follows]
City of winter Springs
Ordinance No. 2011-13
Page 6 of 7
ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular meeting
assembled on the 26thday of September , 2011.
ATTEST: CITY OF WINTER SPRINGS, FLORIDA
AN 151 i RENZO- LUACES C ARLES L
Mayor
- t r
Approved as to legal form and sufficiency for
the City of Winter Springs only:
•
ANTHONY A. GARGANESE
City Attorney
First Reading September 12th, 2011
Posted September 13th, 2011
Second Reading and Public Hearing September 26th, 2011
City o \V inter Springs
Ordinance No. 2011 -13
Page 7 of 7