HomeMy WebLinkAboutR-2005-150 Impact Fee Schedule RESOLUTION NO. 2005-150
A RESOLUTION OF THE CITY OF DANIA BEACH ADOPTING RECITALS;
ESTABLISHING THE FEE SCHEDULE FOR FIRE AND RESCUE, POLICE,
AND ADMINISTRATIVE IMPACT FEES; PROVIDING FOR CONFLICTS;
FURTHER, PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, on September 27, 2005 the City Commission of the City of Dania Beach
(the "Commission") conducted a duly noticed hearing and adopted ordinance 42005-037 creating
article VII of Chapter 19 of the Code of Ordinances (the "Code") establishing fire and rescue,
police, and administrative impact fees (collectively, "impact fees"); and
WHEREAS, pursuant to Section 19-84 of Article VII of the Code, impact fees are to be
assessed in accordance with a fee schedule adopted from time to time by resolution of the
Commission; and
WHEREAS, the Commission finds that these impact fees are equitable and appropriate
to help finance the capital costs of additional and expanded facilities needed to serve new
development; and
WHEREAS, Ordinance #2005-037, is incorporated by this reference;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DANIA BEACH, FLORIDA:
Section 1. That the recitals contained in the preamble to this Resolution are
incorporated by reference into it.
Section 2. That the City Commission establishes the following impact fees which
shall be assessed on all new development:
�.Im'�act�Fee�Ty 'e' `�� ���ImpactryFee Am_ ount�`fi �`
Fire and Rescue $.389/sq. ft.
Police $.184 /sq. ft.
Administrative $.162/sq. ft.
Total Fee assessed $.735 /sq. ft.
Section 3. That all resolutions or parts of resolutions in conflict with this Resolution
are repealed to the extent of such conflict.
Section 4. That this Resolution shall become effective immediately upon its passage
and adoption.
PASSED AND ADOPTED on September 27, 2005.
co-
ANNE CASTRO
MAYOR-COMMISSIONER
ATTEST: ROLL CALL:
COMMISSIONER ANTON - YES
f COMMISSIONER BERTINO - YES
COMMISSIONER MCELYEA - YES
VICE-MAYOR FLURY - YES
LOUISE STILSON MAYOR CASTRO - YES
• CITY CLERK
APPROVED AST FORM AND CORRECTNESS
BY: 14n
THOM S J. SBRO
CITY ATTORNEY
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2 RESOLUTION #2005-150
ORDINANCE NO. 2005-037
AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, CREATING
ARTICLE VII ENTITLED "IMPACT FEES"OF CHAPTER 19 OF THE CITY OF
DANIA BEACH CODE OF ORDINANCES TO ESTABLISH FIRE & RESCUE,
POLICE,AND ADMINISTRATIVE IMPACT FEES INCLUDING PROVISIONS
FOR FINDINGS; FOR ESTABLISHMENT OF FEES; FOR DEFINITIONS; FOR
IMPOSITION OF FEES; FOR PAYMENT; FOR DISPOSITION OF FEES; FOR
ADOPTION OF THE SUPPORTING IMPACT FEE REPORT;PROVIDING FOR
REPEAL OF ARTICLE V "PUBLIC SAFETY FACILITIES IMPACT FEE" OF
CHAPTER 20 "POLICE" OF THE CITY OF DANIA BEACH CODE OF
ORDINANCES; PROVIDING FOR REPEAL OF SECTION 9.31 "FIRE PUBLIC
SAFETY FACILITIES FEE" OF ARTICLE IX "ADMINISTRATION AND
ENFORCEMENT" OF CHAPTER 28; PROVIDING FOR CONFLICTS;
PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN
EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA:
Section 1. That Chapter 19 "Planning and Development"of the Code of Ordinances of the
City of Dania Beach ("City") is amended by the creation of Article VII entitled "Impact fees," to
read as follows:
Article VII. Impact Fees
Sec. 19-81 Findings.
The Dania Beach City Commission("Commission")makes the following findings in support
of the creation of this article and the adoption and imposition of Fire and Rescue, Police, and
Administrative impact fees:
(a) New development and growth in the City can add to and help maintain the quality of
life in the City under a balanced growth management program.
(b) Effective growth management is promoted when adequate public facilities are
available to serve new growth coincident with the impacts of that growth.
• (c) The Commission has caused an Impact Fee Report in support of the impact fee
ordinance to be completed and submitted to the City.
(d) As set forth in the Impact Fee Report,
1. New development should assume a fair share of the cost of providing adequate
Fire and Rescue, Police, and Administrative facilities.
2. Impact fees are an equitable and appropriate means to help finance the capital
costs of additional and expanded facilities needed to serve new development.
(e) The implementation of Fire and Rescue,Police,and Administrative impact fees,that
requires new development to contribute its fair share of the cost of capital
improvements necessitated by growth caused by such development, promotes the
general welfare of all City residents.
(f) The provision of Fire and Rescue, Police, and Administrative facilities which are
adequate for the needs of growth caused by new development promotes the general
welfare of all City residents and constitutes a public purpose.
(g) The imposition of Fire and Rescue, Police and Administrative impact fees, that
requires new development to contribute its fair share of the cost of required capital
improvements, serves as a regulatory tool that promotes the timing and management
of growth in the City.
(h) Ad valorem tax revenue and other revenues will not be sufficient to provide the
additional capital improvements for the Fire and Rescue,Police,and Administrative
facilities which are necessary to accommodate new development.
(i) The Impact Fee Report provides an adequate and lawful basis for the adoption and
imposition of Fire and Rescue, Police, and Administrative facilities impact fees in
accordance with this article.
See. 19-82 Established.
As a condition of the issuance of a building permit for the initial construction of or
isubstantial reconstruction or expansion of a building,the person, firm or corporation who or which
has applied for the building permit shall pay to the City, the Fire and Rescue, Police, and
j Administrative impact fees as is set forth in the provisions of this article.
2 ORDINANCE 42005-037
Sec. 19-83 Definitions.
For the purpose of this article,certain terms and words are defined. Additionally,words used
` in the present tense shall include the future; the singular number shall include the plural, and the
plural the singular:
Building permit shall mean a permit issued by the Building Official for the construction,
enlargement, alteration, modification, repair, movement, demolition, or change in the
occupancy of a building or structure.
Capital improvements shall mean physical assets constructed or purchased to provide,
improve or replace a public facility and which are large scale and high in cost. The cost of a
capital improvement is generally nonrecurring and may require multi-year financing.
Feepayer shall mean any person, firm, or corporation intending to commence new
development and,during the life of the development, applies for the issuance of a building
permit.
Impact fee report shall mean the Fire and Rescue,Parks and Recreation,Police,and
Administrative Impact Fees Report prepared by James C.Nicholas,Ph.D.,dated August 20,
2005, which establishes the basis for the fair share of capital facilities costs attributable to
new residential development based upon standard and appropriate methodologies, and a
copy of which is attached to and incorporated by reference into the Ordinance creating this
article:
New development shall mean the carrying out of any building activity or the making
of any material change in the use or appearance of any building or structure or land, which
results in an additional impact or demand on Fire and Rescue, Police, and Administrative
facilities.
Sec. 19-84 Imposition of Fees.
There is assessed,charged, imposed, and enacted Fire.and Rescue,Administrative,
and Police impact fees on all new development occurring within the City. These fees will be
assessed,charged,or imposed in accordance with the fee schedule adopted from time to time
by resolution of the Commission.
Sec. 19-85 Payment.
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The impact fees shall be paid to the City by the Feepayer at the time the building permit is
issued.
Sec. 19-86 Disposition of Fees.
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4 All fees collected by virtue of this article and any interest earned on them shall be deposited
3 ORDINANCE 42005-037
in three (3) special and separate trust accounts to be designated, "Fire and Rescue Impact Fees
Account,""Police Impact Fees Account,"and"Administrative Impact Fee Account,"respectively.
• / Funds from these accounts may be expended for land acquisition for the respective facilities. Funds
Y P q p
from these accounts may also be expended for the construction of capital improvements for the
respective City Fire and Rescue, Police, and Administrative facilities, and the remodeling or
enlargement of existing facilities and the equipping of same,all of which being necessitated by the
impact of new construction and additional population. However,funds withdrawn from an account
must be expended on the specific facilities for which the fees were collected.
In addition to the foregoing, funds from these accounts may be expended for retirement of
loans and/or bonds that may be issued to finance the capital improvements herein contemplated.
Furthermore, these funds may be expended for architectural, engineering, legal and other
professional fees and expenses related to capital improvements. However,the City shall not expend
funds from any of these accounts for maintenance,repairs,salaries,or other noncapital or noncapital-
related items. Each and every expenditure of funds from these accounts shall be authorized by
motion of the Commission.
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Section 2. The Commission adopts and incorporates by reference into this Ordinance the
report entitled "Fire and Rescue, Parks and Recreation, Police, and Administrative Impact Fees"
prepared by James C. Nicholas, Ph.D., dated August 20, 2005, including the assumptions,
• ' conclusions,and findings set forth in the report. A copy of the report is attached to this Ordinance
as Appendix A. Neither this section nor the report shall be codified in the City Code.
Section 3. Article V "Public Safety Facilities Impact Fee" of Chapter 20 "Police" is
repealed.
Section 4. Section 9.31 "Fire Public Safety Facilities Fee"of Article IX"Administration and
Enforcement" of Chapter 28 is repealed.
Section 5. That, except as amended above, all other provisions of Chapter 19, Chapter 20
and Chapter 28 of the Code of Ordinances of the City of Dania Beach, Florida shall remain in full
force and effect.
Section 6. That all ordinances or parts of ordinances and all resolutions or parts of resolu-
tions in conflict with this Ordinance are repealed to the extent of such conflict.
4 ORDINANCE#2005-037
Section 7. That if any section,clause, sentence or phrase of this Ordinance is for any reason
held invalid or unconstitutional by a court of competent jurisdiction,the holding shall not affect the
validity of the remaining portions of this Ordinance.
Section 8. That this Ordinance shall be in force and take effect immediately upon its passage
and adoption.
PASSED on first reading on September 13, 2005.
PASSED AND ADOPTED on second reading on September 27, 2005.
ANNE CASTRO
MAYOR-COMMISSIONER
ATTEST: ROLL CALL:
COMMISSIONER ANTON— YES
COMMISSIONER BERTINO - YES
LOUISE STILSON COMMISSIONER MCELYEA - YES
CITY CLERK VICE-MAYOR FLURY - YES
MAYOR CASTRO - YES
APPROVED AS TO FORM AND CORRECTNESS:
a
THOMAS f. AN BRO
CITY ATTORNEY
5 ORDINANCE#2005-037
CO
Fire & Rescue, Parks
Recreation , Poluce
•
Prote' cflon and
AdmionistratiVe
Facilities Impact Fees
Prepared for
The City of Dania Beach, Florida
by James C. Nicholas, PhD
• August 20, 2005
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1 . Development Impact Fees
Development impact fees have become a commonly used source of revenue to
supplement available means of funding capital facility improvements needed to
accommodate new development. Impact fees grew out of two rather commonly held
notions:
1. Generally, new development does not pay the cost of capital facilities
needed to accommodate the residents and businesses from standard
sources of revenue, and
2. It would be inequitable to impose the cost of extending facilities to new
developments on existing residents and taxpayers.
In Florida, both the courts and the Florida Statutes acknowledge local governments'
authority to impose equitable impact fees. Impact fees are not taxes and are governed by
.a standard that has become known as the "dual rational nexus test." This test has two
major components:
• 1. That the facilities to be charged to new development as impact fees must
be needed to serve that new development, and
2. That the funds collected as impact fees must be earmarked and spent for
the purposes for which they were collected.
Implied in this test is that any impact fee cannot exceed a pro rata or proportionate share
of the anticipated costs of providing new developments with capital facilities.
This memorandum will set out how the proposed impact fees for the City of Dania Beach
were calculated. The method used complies with the dual rational nexus test, first by
establishing or identifying the demand for facility expansions that new development will
require, and then calculating the City's cost of providing those facilities on a pro rata
basis. After review of these methods and data, if the City finds the data and methods are
reasonable, the City should not adopt any impact fees that exceed the amounts set out
herein.
' See Hollywood, Inc. v. Broward County,431 So.2d 606(Fla.4"DCA 1983). In this opinion the Court
observed:
[H Je discern the general legal principle that reasonable dedication or impact fee requirements
are permissible so long as they offset needs sufcientlt,attributable to the subdivision and so
• long as the funds collected are sufficiently earmarked for the substantial benefit of the
subdivision residents.
2 See Section 163.3202(3), Florida Statutes.
Dania Beach Impact Fees 1
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2. Demographic Parameters
The first data needed to calculate impact fees are demographic data. The relevant data
for Dania Beach are shown below. The first row is headed "Resident Population." This
is the number of people actually or projected to be in residence in the City at the given
time. The U.S. Bureau of the Census must count people according to their official
TABLE 1
DEMOGRAPHICS DANIA BEACH
1990 2000 2001 2002 2003 2004
Resident Population 13,024 20,061 20,765 27,192 27,270 28,080
Peak Population 17,306 24,731 24,831 32,729 32,611 33,798
Avg House Hold size 2.248 2.280 2.225 2.226 2.225 2 2226
Total HousingUnits 7,699 10,847 11,162 14,703 14,659 15,183
Occupied Units 5,794 9,012 9,334 12,215 12,258 12,614
House Holds 5,794 9,012 9,334 12,215 12,258 12,614
SOURCE: www.census.gov/americanfactfinder/
NOTES: (1) Data for 2001 and 2004 are estimated, (2)Annexations occurring in
2001 account for the sharp increase in population.
places of residence since the original and still important objective of the census is to
count the population for purposes of allocating seats in the U.S. House of
Representatives. This means that there may be many people actually present at a
particular time other than just the official residents. These other people are termed
"seasonal"and they are shown as included with permanent residents in All Residents.
This is the number of people needing services from the City—the sum of the permanent
residents and the seasonal residents. Table 1 shows the occupancy of dwelling units in
Dania Beach. Those classified as "occupied" are the residences of the permanent
residents shown in Table 1. The U.S. Bureau of the Census established the convention of
naming dwellings that are seasonally occupied as "vacant." In this context, vacant means
not occupied by permanent residents. It does not mean that the dwelling is not occupied.
Table 2 shows the quantity of building floor area within Dania Beach by type of building.
These data are taken from the Broward County Property Appraisers' rolls and complied
by the GeoPlan Center at the University of Florida. The size of buildings will be used as
the basis to measure impact and to assess costs and impact fees. The premise is that the
bigger the building the greater the demand for public services and facilities.
Dania Beach Impact Fees 2
TABLE 2
SQUARE FEET OF DEVELOPED FLOOR AREA
BY LAND USE TYPE
DANIA BEACH
Floor Area FT2
Residential 11,587,798
Tourist 1,192,704
Retail 1,837,828
Office 1,494,751
Industrial 2,969,394
Institutional 869,883
Other 91,117
Total 20,043,475
SOURCE: University of Florida, GeoPlan Center, July
2004.
Dania Beach Impact Fees 3
3. Fire & Rescue
The existing provision of fire and rescue facilities is shown in Table 3. The City provides
two fully equipped station to serve the existing community. These stations have three
pumpers, four rescue vehicles, one squirt truck and eleven other vehicles. The stations
and vehicles are fully equipped. These stations serve a population of33,798 and building
area of 20 million square feet. The facility cost per capita is $260.60 and $.439 pereach
square foot of floor area. As the City grows, additional demands for fire protection and
rescue can be expected at a cost of$.439 for each square foot or floor area added. The
City has outstanding debt for fire facilities, thus reducing to a Citizens' Equity of
$7,799,308 and a net cost of$230.77 per capita and $.389 per foot of floor area. This
adjustment is made in consideration of the fact that when new developments occur they
TABLE 3
FIRE& RESCUE PARAMETERS
DANIA BEACH
Capital investments: Unit Replacement
Cost Value
Station# 1
Buildin - 11,000 FT2 $2,500,000
Hollywood Station
Buildin - 10,920 FT2 $1,689,979
A aratus
Pumpers 3 at $480,000 $1.440,000
Rescue 4 at $180,000 $720,000
50' S uirt 1 at $840,000 1 $840,000
Vehicles . 8 $200,000
E ui ment& Gear $682,150
Medical E ui ment $335,475
Communications & Misc
M2010431475
Total Capital Assets
Population Served
Per Capita
Property Protected -FT2
Per FT2 of Floor Area
OutstandingDebt for Fire
Citizens Equity Per Capita .77
Per FT2 of Floor Area 89SOURCE: Dania Beach, Fire- Rescue, June 2004 and July
2005.
Leased from City of Hollywood. Item carried at apportioned
cost of construction, which is consistent with capitalized lease
payments.
Dania Beach Impact Fees 4
will be added to the tax rolls and make payments toward the outstanding debt. Such
payments can be considered to be payments toward fire & rescue capital costs and thus
should be credited against the cost of provision. Florida law limits costs that may be
shifted to new developments to no more than a pro rata share of reasonably anticipated
costs of expansion. In the case of Dania Beach's fire and rescue services, that pro rats
share is $0.439 per square foot of floor area. However, new developments, along with
existing properties, will be assessed the cost of retiring the $1,008,296 in outstanding
debt and new development will thereby pay towards the cost of existing fire and rescue
capital facilities. To avoid exceeding a pro rata share of costs, replacement value is
reduced by the outstanding debt, to the value of fire and rescue capital facilities actually
owned by the citizen of Dania Beach, in establishing the pro rata share of costs to be
borne by new development. Doing this prevents an over-assessment of costs when
impact fees and debt service payments are added together.
Based on these data, it is recommended that Dania Beach's Fire & Rescue impact fee not
exceed $.389 per square foot of floor area.
Dania Beach Impact Fees 5
4. Parks & Recreation
The existing inventory of park and recreational facilities is shown in Table 4. The level
of service for parks and recreation is measured as acres per 1,000 (peak) population. The
70.67 acres of developed city parks constitutes a level of service of 2.099 acres per 1,000
population or 91.4 square feet of park area per capita. The City grows, it wi 11 need to
TABLE 4
PARK INVENTORY DANIA BEACH
Park Acres Land Value improvements
Facilities Buildings
Thomas Park
Land 4.57 $435,120
Facilities $405,000.
Recreation Bldg $296,000
Pool Restroom $66,800
Pump House $15,900
Trailer Office $81,600
Baseball Restroom $22,200
Baseball Announcer $58,600
Storage $6,600
I.T. Parker Center
Land 2.00 $1,025,000
Facilities $275,000
Community Center $888,100
Grounds $3,078
Frost Park
Land 8.55 $1,020,100
Facilities $515,000
Recreation Bldg $822,400
Optimist Bldg $49,900
Ocean Park Beach
Land 3.00 na
Facilities
Fishing Pier $1.640,000
Pier Extension $324,000
Guard Shack $1 1,500
North RestroomMT ,
Central Restroom
Lifeguard Towers Chichee Huts Life uard HQ
Meli Griffin Park
Land 9.70 $652,340
Facilities $1,595,000
Dania Beach Impact Fees 6
TABLE 4
PARK INVENTORY DANIA BEACH
Park Acres Land Value
Improvements
Facilities Buildings
Pool- small $64,280
Pool $1,172,080
Recreation Bldg $303,600
Storage $24,100
Restroom $28,700
Recreation Bldg $68,100
Electrical Bldg _ $22,100
Pump House $31,500
Ti ertail Park
Land 36.82 $6,004,890
Facilities $325,000
Pavilion $39,800
Byrd Park
Land 1.81 $251,490
Facilities $85,000
Northside Garden Park
Land 0.39 $73,980
Facilities $90,000
Adler Park
Land
Facilities $80,000
Mullikin Park
Land 0.58
Facilities $50,000
Griffin Park
Land 2.60 $182,000 $500,000
Facilities $1,200
Sun Garden Isles
Land 0.65 $782,450
Facilities
Whiskey Creek Park
Land
Facilities $200,000
TOTALS 70.67 $10,427,370 $5,360,638 $5,059,329
Acres per 1,000 Population 2.091
Park & Recreation Cost $10.427,370 $10,419,967
Outstanding Debt $0 $0
Net Park & Recreation Costs $10,427,370 $10,419,967
Population Served 33,798 33,798
Cost per Capita $308.52 $308.31
Cost per Dwelling Unit $686.78 $586.30
• Cost per Square Foot $0:816 G0.815
SOURCE: Dania Beach, Finance Department, June 24, 2D04 and Planning Dept, September 22,
2004..
Dania Beach Impact Fees 7
provide 91.4 square feet of fully developed park area for each person at a gross cost of
$616.83. The net would be reduced to reflect outstanding debt that new development ",ill
have to pay except there is no outstanding debt so the net cost is the same-as the gross
cost of$616.83 because there is no outstanding debt. This equates to a cost of$1,373.08
per dwelling unit or$1.631 per heated or air conditioned square foot of residential floor
area. Table 4 breaks park & recreation costs out between land and improvements. Table
5 summarizes these costs, in total and by category.
TABLE 5
PARK & RECREATION COSTS
Park & Recreation Cost $20,847,337
Land $10,427,370
Facilities & Buildings $10,419,967
Population Served 33,798
Per Capita $616.83
Residential &Tourist Floor Area 12,780,502
Total Per Square Foot $1.631
Land per Square Foot $0.816
Facilities per Square Foot $0.815
At present the City has park dedication requirements. If this policy is continued, only the
facilities component could be charged as a park and recreation impact fee.
Dania Beach Impact Fees 8
5. Police Protection
The cost of police capital facilities is set out in Table 5. The City has two police stations
and total police protection assets of$3,682,155. The value of these assets equates to
$0.184 per square foot of floor area provided with police protection.
TABLE 5
POLICE PARAMETERS
DANIA BEACH
Capital Investments: Cost
Vehicles $1,572,867
Buildings
100 W. Dania Beach Blvd 5,176 W$3,682,155
5,200
803 NW 1st Street 4,485 FTI2,580
Buildingcontents 5,958
Land -
Communications Equipment
Other Equipment 5,550
Total Capital Assets
Outstanding Debt for Police $0
Citizens Equity $3,682,155
• Properties protected -FT' 20,043,475
Cost per FT' 1 $0.184
SOURCE: Dania Beach, Police Department, October
2004 and June 2005.
Dania Beach Impact Fees 9
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6. Administrative Facilities
The appraised value of administrative buildings is shown in Table 6. The building at
100 W. Dania Beach Boulevard is partially devoted to police usage and that portion as
been subtracted out here so that there is no double counting fro impact fee purposes. The
same is true for 803 NW Is' Street. The appraised value of the administrative facilities is
$3,243,070. The value of these assets equates to $0.162 per square foot of floor area
service by the City of Dania Beach.
TABLE 6
ADMINISTRATIVE FACILITIES
DANIA BEACH
Ca italInvestments: Cost
100 W Dania Beach Blvd;
Entire Building $2,602,120
Allocated to Police $1,035,200
Net Administrative * $1,566,920
1200 Stirling Road $200,030
1399 Stirling Road $13,500
803 NW 1st Street 4,400 FT
• Entire Building $880,000
Allocated to Police $632,580
Net Administrative ` $247,420
Buildin contents
Land $1,215,200
Other E ui ment
Total Ca ital Assets $3,243,070
Outstandin Debt for Admin Facilities $0
Citizens Equity $3,243,070
Properties Served -FT $20,043,475
Cost per FT2 $0.162
SOURCE: Broward County Property Appraiser, as provided
by City of Dania Beach, July 2005.
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Dania Beach Impact Fees 10