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HomeMy WebLinkAboutO-01-15ORDINANCE NO. O-01-15 AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING CODE'OF ORDINANCES CHAPTER 74 TO CREATE ARTICLE III RECREATIONAL IMPACT FEES; PROVIDING FOR CONFLICTS, SEVERABILITY, AND EFFECTIVE DATE. WHEREAS, the City Council finds that growth should pay for its own impacts rather than burdening the resources of the existing citizenry; and WHEREAS, the City Comprehensive Growth Management Plan adopts levels of service for various parks and recreational facilities; and WHEREAS, the City Council has determined that it is the public interest to require new development to provide facilities equivalent to the adopted levels of service even in areas where sufficient capacity exists because it is unjust to the citizenry to allow new growth to lower existing standards that are above the minimum requirements of the City; and WHEREAS, the City Council finds that under existing market conditions, and based upon the statistical average of 2.52 residents per household as set forth in the Comprehensive Plan, it is a fair estimate that the cost to meet the levels of service fbr land acquisition is $325 and for facility construction is $650 per household; and WHEREAS, pursuara to that certain action styled In re General Development Corporation, et al, Case No. 90-12231-BKC-A.E~, United States Bankruptcy Court fi)r the Southern District of Florida, conveyances of land were made to the City in satisfaction of any future requirement to dedicate land for park use in the development of Sebastian Highlands; and WHEREAS, a funding source is needed to develop this inventory of unimproved park land as well as future park acquisitions; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows: Section 1. That the Code of Ordinances, City of Sebastian, Florida, is hereby amended to create Chapter 74, Article ill Recreational Impact Fee beginning with section 74-50 which shall read as follows: Sec. 74-50. Fee required. The payment of a fee to the city in the amount of $975 to be used for the acquisition, expansion, construction and provision of city recreational facilities shall be required as a condition of the issuance of a building permit for any newly constructed dwelling unit of any kind. A dwelling unit shall be considered newly constructed whether it is constructed on a vacant lot or parcel, is the reconstruction or renovation of a building that was not previously occupied as a dwelling unit of any kind, or whether it is an additional dwelling unit added to a lot, parcel, tract of property, thereby increasing the total number of dwelling units to two (2) or more. Section 2. That the Code of Ordinances, City of Sebastian, Florida is hereby amended to create a new section to be numbered section 74-51 which shall read as follows: Sec. 74-51. Credit for parcels vested under 1992 Bankruptcy Court Order. Pursuant to the Settlement Agreement and Order in Case No. 90-12231- BKC-AJC of the United States Bankruptcy Court for the Southern District of Florida, the fee for lots developed pursuant to the plats of the Sebastian Highlands Units '1-17 shall be $650, which represents a credit of $325 for the pro-rata amount of the impact fee attributable to costs of land acquisition under the level of service standards of the Comprehensive Plan. Section 3. That the Code of Ordinances, City of Sebastian, Florida is hereby amended to create a new section to be numbered section 74-52 which shall read as follows: Sec. 74-52. Credit for the dedication of laud for active recreation uses. Upon the dedication of two (2) or more contiguous acres of land to the city as hereinafter set forth, a developer shall receive a credit against the fee otherwise required to be paid pursuant to this article. The credit shall be applied as follows: (1) The credit shall become effective upon city council acceptance of the dedication of the land. Said land shall not be accepted by the city council unless it finds the land to be suitable for public park or active recreation purposes. In determining the suitability of the land for such purposes, the city council may consider all factors and variables affecting such suitability, including, but not limited to: a. Access from paved public streets. b. Size. c. Fair market value. d. Physical characteristics and qualities. e. Proximity of the land to other recreation facilities. f. Availability of city funds to construct facilities on the land. g. Conformance with the city's comprehensive plan. Conservation lands required as a condition of development approval by regulatory agencies shall not be eligible for impact fee credits. (2) The fair market value of the land to be dedicated shall be established by a formal MAI appraisal which is acceptable to the city. The appraisal shall be provided by the developer at his expense. The developer shall provide the City Manager or his designee with detailed plans and specifications of any improvements and facilities to be constructed thereupon, including estimates and information as to costs, and the city shall make a determination as to the credit available for such construction. (3) The land shall be dedicated to the city in fee simple, and shall be free of any liens or encumbrances. (4) The credit shall be calculated as a ratio of the fair market value of land dedicated, plus the value of any facilities constructed thereupon by the developer, divided by the total recreational impact fee required to be paid. The fee required to be paid pursuant to this article shall be reduced by the percentage of credit determined by the above formula. (5) Recreation impact fees credited to a developer, for dedications and improvements eligible for impact fee credits, shall be provided on a lot by lot basis. The impact fee amount shall be reduced equally for each lot or in the case of multi-family residential projects each dwelling unit, within the development by assessing the total impact fee per lot or unit minus the proportionate share of the credit applied to each lot. (6) If the percentage of credit is one hundred (100) per cent or more, no fee shall be required to be paid. Any dedications valued in excess of the total projected impact fee due for the project shall result in an impact fee credit in favor of the developer, which shall be assignable and shall remain in effect for a maximum of ten (10) years. Such excess credits may be used anywhere within the City if arising from the dedication of a Community Park facility. However, credit arising from dedication of Neighborhood Park facilities may only be utilized within the recreational zone in which the development containing the dedicated facility is located. (7) A recreation impact fee agreement shall be provided governing credits and payment of fees, Such agreement shall be acceptable to the city attorney and city manager, and shall be recorded, Section 4. That the Code of Ordinances, City of Sebastian, Florida is hereby amended to create a new section to be numbered section 74-53 which shall read as follows: Sec. 74-53. Time of payment. The fee required by this article shall be paid at the time the building permit is issued for each dwelling unit. Section 5. That the ('.,ode qf Ordinances, City of Sebastian, Florida is hereby amended to create a new section to be numbered section 74-54 which shall read as follows: Sec. 74-54. Establishment of Recreation Zones The City shall be divided into four (4) recreational zones which shall function as service areas for Neighborhood Park facilities as follows: Zone A - Begin at the intersection of centerlines of Fleming Street and CR 512; thence follow centerline of Fleming Street north to Main Street; thence follow centerline of Main Street northeast until it intersects with the perpendicular extension of the lot line between Lots 3 & 4, Block 12, Sebastian Highlands Unit 1; thence follow said extended lot line through to the boundary of Roseland Satellite Airfield Tract 1 (Sebastian Municipal Airport); thence follow along said boundary to the west and north, and continue along the same as it becomes the boundary to Roseland Satellite Airfield Tract 3, continuing as the same line becomes the City Limits; thence follow said City Limits to the west and around until the same intersects with CR 512; thence follow northeast along the centerline of CR 512 to the Point of Beginning. Zone B - Begin at the intersection of centerlines of Fleming Street and CR 5'12; thence follow centerline of Fleming Street north to Main Street; thence follow centerline of Main Street northeast until it intersects with the perpendicular extension of the lot line between Lots 3 & 4, Block 12, Sebastian Highlands Unit 1; thence follow said extended lot line through to the boundary of Roseland Satellite Airfield Tract 1 (Sebastian Municipal Airport); thence follow along said boundary to the west and north, and continue along the same as it becomes the boundary to Roseland Satellite Airfield Tract 3, continuing until said line intersects with the City Limits along the northwest corner of the former St. Sebastian PUD; thence follow said City Limits to the northeast and around until the same intersects with the boundary between Sections 7 & 18; thence follow west along said section line continuing as it becomes the boundary between Sections 12 & 13 until the same intersects with the centerline of CR 512; thence along said right-of-way to the Point of Beginning. Zone C - Begin at the point the City Limits intersect the boundary of Sections 7 & 18 from the north; thence follow said City Limits east and around south until the same intersects with Powerline Road; thence follow the centerline of Powerline Road north to Barber Street; thence follow Barber Street to the west and north to the centerline of the Elkam Waterway; thence follow the centerline of the Elkam Waterway east to mouth of the Collier Waterway; thence follow the Collier Waterway to the point it intersects with the boundary of Sections '12 & '13; thence follow east along said section line, continuing as it becomes the boundary of Sections 7 & 18 to the Point of Beginning. Zone D - Begin at the point the boundary of SectiOns 12 & 13 intersects the centerline CR 512; thence follow said section line east to the point the Collier Waterway intersects the same from the south; thence follow the centerline of the Collier Waterway until it intersects with the Elkam Waterway; thence follow the centerline of the Elkam Waterway to the west to the centerline of Barber Street; thence follow the centefline of Barber Street to the south and east to the intersection with Powerline Road; thence follow the centerline of Powerline Road south to the City Limits; thence follow the City Limits to the west and around to the north to CR 512; thence follow along the centerline of CR 512 to the northeast to the point of beginning. Section 6. That the Code of Ordinances, City of Sebastian, Florida is hereby amended to create a new section to be numbered section 74-55 which shall read as follows: Sec. 75-55. Use of fees paid. The fees paid pursuant to this article shall be segregated and held in trust by the city in its recreation trust fund. The city shall maintain records of monies collected adequate to determine the amount contributed to the fund from each particular development. The funds collected from any development shall be used only to acquire, construct or provide recreational improvements or facilities, but may not be used on a Neighborhood Park facility located in a different Recreation Zone than the one containing the originating development. The city shall maintain records of all funds expended and the purposes for which they were expended. Funds must be encumbered for a qualifying project within seven (7) years of being collected. Section 7. CONFLICT. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 8. SEVERABILITY. In the event a court of competent jurisdiction shall hold or determine that any part of this Ordinance is invalid or unconstitutional, the remainder of the Ordinance shall not be affected and it shall be presumed that the City Council of the City of Sebastian did not intend to enact such invalid or unconstitutional provision. It shall further be assumed that the City Council would have enacted the remainder of this Ordinance without said invalid or unconstitutional provision, thereby causing said remainder to remain in full force and effect. Section 9. EFFECTIVE DATE This Ordinance shall take effect August 1, 2001, following its adoption by the City Council. Complete and proper building permit applications submitted prior to the effective date shall not be assessed the fee, however, the fee shall become due upon filing any supplemental information for the application or for any extension of a pre-existing building permit. The foregoing Ordinance was moved for adoption by Councilmember Barczyk The motion was seconded by Councilmember B±shop and, upon being put to a vote, the vote was as follows: Mayor Walter Barnes aye Vice-Mayor Ben A. Bishop aye Councilmember Joe Barczyk aye Councilmember Edward J. Majcher, Jr. aye Councilmember James Hill aye The Mayor thereupon declared this Ordinance duly passed and adopted this 11th day of July, 2001. CITY OF SEBASTIAN, FLORIDA ATTEST: only: Mayor Walter Barnes Approved as to form and legality for reliance by the City of Sebastian SEBASTIAN HOME OF PELICAN ISLAND 1225 MAIN STREET · SEBASTIAN, FLORIDA 32958 TELEPHONE: (561) 589-5330 · FAX (561) 589-5570 Ordinance O-01-15 CITY OF SEBASTIAN RECREATIONAL IMPACT FEE WORKSHEET Note: Per the Housing Element data survey of the Comprehensive Plan for the City of Sebastian, each dwelling unit averages 2. 52 residents. All Levels of Service (LOS) set in Recreational Element of Plan. Facility Neighborhood Park Community Park TOTAL PARK LANDS LOS 2 ac. per 1000 2 ac. per 1000 Total Cost $15,000 per acre $50,000 per acre ACTIVE FACILITIES Facility LOS Tennis Courts 1 per 2,000 Racketball/Handball 1 per 10,000 Basketball Courts 1 per 5,000 Softball/Baseball Fields 1 per 3,000 Community Pool 1 per 8,700 Golf Courses 9 holes/50,000 Boat Ramps 1 per 4,700 Football/Soccer Fields 1 per 4,000 Shuffleboard Courts 1 per 1,000 Playgrounds 1 per 7,500 Volleyball Courts 1 per 12,000 TOTAL Total Cost $40,000 each $62,500 each $16,400 each $225,000 each $550,000 each $1,2000,000 per9 $175,000 each $68,450 each $3,500 each $70,000 each ~7,000 each Unit Cost $75.60 $252.00 $327,60 Unit Cost $45.00 $15.75 $8.27 $189.00 $158.95 $60.48 $93.80 $43,12 $8.8o $23,52 $1.47 $648.16 TOTAL IMPACT PER RESIDENTIAL UNIT $975.76 "An Equal Opportunity Employer" Celebrating Our 75th Anniversary UPON RECONSIDERATION On july 18, 2001, at a special meeting to complete the agenda from its July 11, 2001 regular meeting, upon a Motion to Reconsider Ordinance O-01-15 made by Vice- Mayor Bishop and seconded by Councilman Hill, the City Council by a 4-1 vote (with Councilman Majcher dissenting) set Ordinance O-01-15 on the July 25, 2001 regular meeting agenda for reconsideration. Thereupon, the foregoing Ordinance was moved for adoption by Councilmember Hill with the modification that the effective date as set forth in Section 9 be changed from August 1, 2001, to October 1, 2001. The motion was seconded by Vice-Mayor Bishop and, upon being put to a vote, the vote was as follows: Mayor Walter Barnes ave Vice-Mayor Ben A. Bishop aye Councilmember Joe Barczyk nay Councilmember Edward J. Majcher, Jr. nay Councilmember James Hill aye The Mayor thereupon declared this Ordinance, as modified upon reconsideration, duly passed and adopted this 25th day of July, 2001. CITY OF SEBASTIAN, FLORIDA ATTEST: Mayor Walter Barnes Approved as to form and legality for reliance by the City of Sebastian: Rich ~~~'ng!r, City A~