HomeMy WebLinkAboutO-2014-004 11th Text Amendment ORDINANCE NO. 2014-004
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA, TO AMEND CHAPTER 28 OF THE "LAND
DEVELOPMENT CODE OF THE CITY S CODE OF ORDINANCES BY
AMENDING ARTICLE 105, "USE REGULATIONS FOR RESIDENTIAL
AND OPEN SPACE ZONING DISTRICTS", CONCERNING PERMITTED
USES IN ZONING DISTRICTS AND PROVIDING FOR USE REGULATION;
AMENDING ARTICLE 110, "USE REGULATIONS FOR COMMERCIAL
AND MIXED-USE DISTRICTS, CONCERNING PERMITTED USES IN
ZONING DISTRICTS AND PROVIDING FOR USE REGULATIONS";
AMENDING ARTICLE 115, "INDUSTRIAL DISTRICTS: PERMITTED,
PROHIBITED, SPECIAL EXCEPTION USES, AND CONDITIONS OF USE",
CONCERNING PERMITTED USES IN ZONING DISTRICTS AND
PROVIDING FOR USE REGULATIONS; AMENDING ARTICLE 215,
"SUPPLEMENTAL REGULATIONS FOR YARDS, LOT COVERAGE,
IMPERVIOUS AREA AND OPEN SPACE", CONCERNING SETBACKS;
AMENDING ARTICLE 265, "OFF-STREET PARKING REQUIREMENTS",
CONCERNING OFF-STREET PARKING REQUIREMENTS; AMENDING
ARTICLE 302, "DETAILED USE REGULATIONS", REGARDING USE
REGULATIONS IN MIXED-USE ZONING DISTRICTS; AMENDING
ARTICLE 330, "COMMUNITY FACILITIES DISTRICT ("CF")",
CONCERNING PERMITTED USES IN ZONING DISTRICTS AND
PROVIDING FOR USE REGULATIONS; AMENDING ARTICLE 725,
"DEFINITIONS", CONCERNING DEFINITIONS USED IN THE LAND
DEVELOPMENT CODE; AMENDING ARTICLE 805, "CONCURRENCY
DETERMINATIONS", REGARDING PROCEDURES FOR REQUIRED
DEDICATION OF LAND FOR RECREATIONAL OR OPEN SPACE
PURPOSES OR FOR A PAYMENT OF A FEE IN LIEU THEREOF;
AMENDING ARTICLE 810, "IMPACT FEES", REGARDING
REQUIREMENTS FOR PAYMENT OF RECREATIONAL AND OPEN
SPACE IMPACT FEES; PROVIDING FOR AMENDMENTS THROUGHOUT
CHAPTER 28, OF THE LAND DEVELOPMENT CODE, TO CORRECT
SCRIVENER'S ERRORS; PROVIDING FOR SEVERABILITY; PROVIDING
FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS,Article VIII, Section 2 of the Florida Constitution, and Chapter 166, Florida
Statutes, provide municipalities the authority to exercise any power for municipal purposes,
except where prohibited by law, and to adopt ordinances in furtherance of such authority; and
WHEREAS, Objective V of the Future Land Use Element of the City of Dania Beach
Comprehensive Plan provides that the City of Dania Beach will maintain land development
regulations and zoning regulations to implement the City's Comprehensive Plan; and
WHEREAS, the City Commission of the City of Dania Beach ("City Commission")
finds it periodically necessary to amend its Code of Ordinances and Land Development Code
("Code") in order to update regulations and procedures to implement municipal goals and
objectives; and
WHEREAS, Community Development Department staff has identified a need to amend
the Code in order to clarify the regulations applicable to community residential homes and
residential care facilities, and to require farmer's markets to provide for parking plans to address
their parking demands; and
WHEREAS, Community Development Department staff has also identified a need to
amend the Code in r r o de to provide for community gardens, urban farms microbreweries and
P tY g � ,
bre wit
hin thin certain zoning districts within the Community Redevelopment Area zoning
wP g t3' P g
districts, and to provide for regulations of these uses; and
WHEREAS, in recognition of the site-specific impacts that may created by school and
college uses, and the need for site-specific review of these uses, Community Development
Department staff has identified a need to require special exception review of schools and
colleges as such uses are authorized within the Community Redevelopment Area zoning
districts; and
WHEREAS, Community Development Department staff has determined that it is
necessary to amend the Code in order to authorize and provide for amended regulations for
permitted uses within the Industrial zoning districts; and
WHEREAS, Community Development Department staff desires to provide for amended
setback requirements within the E-1, RS-18000, RS-12000, RS-8000, RS-6000, NBHD-RES,
and RD-8000 zoning districts, and amended development standards for structured parking
facilities; and
WHEREAS, Community Development Department staff desires to provide for amended
regulations for special residential facilities, rehabilitation centers, and residential care facilities
within the Community Facilities("CF")zoning district; and
WHEREAS, staff has further identified the need to provide for amended definitions
within the Land Development Code; and
WHEREAS, upon review of the City's recreation and open space level of service
standard, a Recreation & Open Space Impact Fee Study was prepared by Walter H. Keller, Inc.,
2 ORDINANCE#2014-004
dated February 2014, which study provides a basis for the fair share of recreation and open space
capital facilities costs attributable to new residential development based upon standard and
appropriate methodologies, a copy of which is attached to this Ordinance as Exhibit"A"; and
WHEREAS, based on the Recreation & Open Space Impact Fee Study, staff
recommends the proposed amendments to the recreation and open space dedication or in-lieu fee
payment requirements of Article 805, and the adoption of the proposed amendments to Article
810 regarding impact fees; and
WHEREAS, the Planning and Zoning Board, sitting as the City's Local Planning
Agency, has reviewed this Ordinance, and has determined that it is consistent with the City's
Comprehensive Plan; and
WHEREAS, pursuant to Section 166.041(c)(2), Florida Statutes, notice has been given
by publication in a newspaper of general circulation in the City, notifying the public of this
proposed Ordinance and of the time and dates of the public hearings; and
WHEREAS, two (2) public hearings were held before the City Commission pursuant to
the published notice described above; and
WHEREAS, the City Commission finds that adoption of this Ordinance through its
police powers will protect the public health, safety, and welfare of the residents of the City, and
furthers the purpose, goals, objectives, and policies of the City's Comprehensive Plan;
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DANIA BEACH, FLORIDA:
Section 1. That the preceding "Whereas" clauses are ratified and incorporated as a
record of the legislative intent of this Ordinance.
Section 2. That Article 105, "Use Regulations for Residential and Open Space
Zoning Districts" of the City of Dania Beach Land Development Code is amended to read as
follows:
ARTICLE 105. USE REGULATIONS FOR RESIDENTIAL AND OPEN SPACE
ZONING DISTRICTS.
Sec. 105-170. Community residential homes and residential care facilities.
(A) Homes of six (6) or fewer residents that meet the definition of "community
residential home, type 1" as defined in Article 725 (see definitions of Special Residential
3 ORDINANCE#2014-004
Facility), shall be deemed a single-family dwelling unit and a noncommercial residential
use, and shall be permitted in all districts that permit single-family or multifamily uses,
provided that such homes shall not be located within a radius of one thousand(1,000) feet
of another community residential home with six(6) or fewer residents.
(B) A "community residential home, type 2", as defined in Article 725 (see definitions of
Special Residential Facility), having more than six (6) residents is permitted in the CC,
EDBB-MU, SFED-MU, GTWY-MU,NBHD-RES, RM, RM-1, RM-2 and PRD-1 zoning
districts subject to the following, and to the specific regulations of the applicable zoning
district:
(1) Such uses shall not be located within twelve hundred (1,200) feet of another
existing community residential home or within a radius of five hundred (500) feet
of a single family zoning district boundary.
(2) Such uses shall meet the applicable licensing criteria established and
determined by state agencies pursuant to Chapter 419, Florida Statutes.
(C) "Residential care facilities", as defined in article 725 (definitions), are allowed by
special exception in the RM-2, PRD-1, EDBB-MU, SFED-MU, GTWY-MU, CF C-3
and C-4 zoning districts, subject to the special residential facilities provisions for density
allocations under the Broward County Land Use Plan.
only one (1) sleeping Feem r-egaMless of the fmmber- of aeeesser-y rooms ifleludiRg living
rooms and bathfoems.
(D) "Adult residential care facilities", as defined in article 725 (definitions), with more
than one hundred (100) sleeping rooms are allowed by special exception in the RM-2,
PRD-1, EDBB-MU, SFED-MU, GTWY-MU, C-3, and C-4 zoning districts subject to the
following requirements:
(1) The facility must have frontage on, and direct vehicular access to, either a
minor arterial containing at least one hundred ten (110) feet of right-of-way, or a
principal arterial as designated on Broward County Traffic-walls
(�) (2) The facility shall provide the following services: at least (1) full meal per
day from a central dining facility; central housekeeping services to its residents no
4 ORDINANCE#2014-004
less than weekly, a full-time registered nurse on call to the residents; planned
activities, which may include, but are not limited to, social, educational and
recreational activities.
Sec. 105-240. Farmer's market.
The conditions of use required for a farmer's market use within any zoning district where
permitted by Part 1 of the Land Development Code are as follows:
(A) The activity must be city-operated or administered through a management agreement
approved by the city.
(B) One storage shed is permitted, which shall have a maximum square footage area of
four hundred (400) square feet, and a maximum allowable height of fourteen (14) feet as
measured at the highest point of the structure's roof.
(C) The possession, sale or both of live animals is prohibited.
(D) One monument sign is permitted in accordance with section 505-40
(E)
a�:�65 A parking plan showing adequate parking shall be provided for the expected
parking need, which shall be approved by the City in conjunction with the mans eg ment
agreement for the market.
(F) Hours of use are from sunup to sundown.
(G) Goods permitted to be sold are limited to agricultural and horticultural produce,
cottage food products permitted by F.S. § 500.80, and other permitted accessory
merchandise and uses authorized by operating agreement with the City.
Section 3. That Article 110, "Use Regulations for Commercial and Mixed-Use
Districts"of the City of Dania Beach Land Development Code is amended to read as follows:
ARTICLE 110. USE REGULATIONS FOR COMMERCIAL AND MIXED-USE
DISTRICTS.
Sec. 110-20. List of permitted, special exception and prohibited uses.
INDUSTRIAL MIXED-USE DISTRICTS
CRA FORWBASED DISTRICTS
5 ORDINANCE#2014-004
Legend Marine RO CC EDBB- SFED- GTWY- NBHD- C- C- C-
(see MU MU MU MU 1 2 3
P-Permitted sec
P(#)-Permitted subject 110-
to numbered footnote
A-Permitted accessory 180
use only
SE-Permitted special
exception use only
-Not
permitted
USES
Community NP NP P P P P_ P NP N NP NP
garden/urban P
farm [subject to
section 105-2301
Microbrewery, NP NP P SE SE NP NWE NP N NP NP
or Craft — — — — — P — —
DistillM with
tastingroom
oom
re uired
[subject to
section 110-501
One A NP A A A A A NP A A A
wWatchman or
caretaker
dwelling unit
[subject to
sections 110-30,
230-20]
School, NP NP NP SE SE SE NP SE lz lz lz
academic SE SE SE
6 ORDINANCE#2014-004
School,college INP 1111W I-P lz SE jf?SE jf SE NP ISE P IF lz
SE SE SE ISE
Sec. 110-50. Proximity of alcoholic beverage establishments to other establishments
and uses.
(A) [Applicability.] The distance separation requirements of this section shall not apply
to:
(1) The sale of beer for consumption off-premises; and
(2) Restaurants and cafes (including outdoor or open-air cafes specifically
approved by the city commission) serving beer, wine, and liquor, for consumption
on the premises only, that are located within the Community Redevelopment Area
form-based code districts.
Section 4. That Article 115, "Industrial Districts: Permitted, Prohibited and Special
Exception Uses, and Conditions of Use" of the City of Dania Beach Land Development Code is
amended to read as follows:
ARTICLE 115. INDUSTRIAL DISTRICTS: PERMITTED, PROHIBITED,
SPECIAL EXCEPTION USES,AND CONDITIONS OF USE.
Sec. 115-40. Schedule of permitted uses.
USES IROM IROM- ;IROC ;IRO IG IR PEDD MA-
AA 1
LIGHT INDUSTRIAL USES
_--. ___ --
Brewery or Craft distillery with/or without P ,P P P NP?P NP P
tasting room [subject to section 110-501
Fleet Parking, associated with a NP 80 !NP NP 80 NP'NP NP
contractor's office
Watchman or caretaker dwelling unit as A A A A A A A A
an accessory use to a primary marine use
or storage facility [subject to sections 110-
30, 230-201
7 ORDINANCE#2014-004
Sec. 115-50. Conditions of use.
80 Use cannot be located on a parcel located immediately adjacent to residentially
zoned or residentially used land, and must provide a solid wall of a minimum of six (6) feet in
height surrounding the storage area. Where adjacent to a public right-of-Way, a landscaped
buffer area of a minimum of seven (7) feet in width must be provided, with a continuous hedge
and trees planted 1 every thirty(30) feet.
Section 5. That Article 215, "Supplemental Regulations for Yards, Lot Coverage,
Impervious Area and Open Space" of the City of Dania Beach Land Development Code is
amended to read as follows:
ARTICLE 215. SUPPLEMENTAL REGULATION FOR YARDS, LOT
COVERAGE, IMPERVIOUS AREA AND OPEN SPACE.
Sec. 215-50. Permitted yard encroachments in the E-1, RS-18000, RS-12000, RS-
8000,RS-6000,NBHD-RES,and RD-8000 Districts.
(A) Chimneys, cornices, eaves, bay windows, canvas awnings, and balconies may
extend not more than three (3) feet from a principal building into a required yard.
(B) Carports, including fabric awnings or canopies, are permitted in required front and
side yards with minimum front and corner side setbacks of ten (10) feet, and a minimum
interior side setback of five (5) feet. Within the NBHD-RES District, the setback
encroachment in the front yard is subject to section 305-70"303_90(Q.
(H)Patio and decks not associated with a pool shall provide a minimum of 5 foot setback
from any internal and rear property line.
(I�� Other accessory structures, as provided in section 215-90 (Accessory structure
setbacks).
(O J� Driveways shall not be located within two (2) feet of an interior side lot line.
(J)L) Outdoor sports courts may be constructed within required yard areas except any
required yard abutting a street line, provided that any walls or fences shall conform to
Article 235.
(K)LL,)Fences and walls pursuant to Article 235
8 ORDINANCE#2014-004
OLM)Landscape materials.
(M)CNJ Utility boxes.
044(0) Walkways and stairs to building entrances shall not be located within 2 feet of
any interior side lot line.
Section 6. That Article 302, "Detailed Use Regulations" of the City of Dania Beach
Land Development Code is amended to read as follows:
ARTICLE 302. DETAILED USE REGULATIONS.
Sec. 302-10. Permitted, special exception and prohibited uses.
Legend: Districts
SE = Special Exception Ced ity EDBB-MU SFED-MU GTWY- �}NBHD- NBHD-
Center MU MU RES
use
(#) = Permitted subject to
the restriction in section
302-20 having the same
number that is within the
parentheses
N P -Not permitted Principal Street Frontage
Abbreviations: EDBB Other S. Fed. Other
EDBB = East Dania streets Hwy Streets
Beach Boulevard Sheridan
SFED = South Federal St.
Highway
Microbrewery, P SE SE SE SE NP NPSE NP
with tasting room
(required)[subject
to section 110-501
Community P P P P P P P P
garden/urban farm
[subject to section
105105-2301
9 ORDINANCE#2014-004
Section 7. That Article 330 "CommunityFacilities District CF of the City of
( ) tY
Dania Beach Land Development Code is amended to read as follows:
ARTICLE 330. COMMUNITY FACILITIES DISTRICT (CF)
Sec. 330-20. Uses permitted.
(a) Accessory dwelling [see subsection 330-40(a)].
(b) Auditoriums.
(c) Child care center, pre-school or adult day care, including commercial facilities see
subsection 330-40(b)].
(d) Civic and cultural center.
(4)Lee) Courts facilities.
(g)M Educational centers [see subsection 33040(d)].
(h)W Essential services.
h Fire protection facilities.
(�i� Governmental administrative offices.
(k)W Library,museum, art gallery and other such exhibitions.
(nWk)Parks,public.
(n) 1) Police protection facilities.
(py,m)Water and wastewater treatment plans and pumping stations.
(fin)Wireless communication facilities (see Article 835).
Sec.330-30. Special exception uses.
(a) Health clinics.
(b) Hospitals.
(c) Institutions for the homeless or indigent [see subsection 330-40(e)].
(d) Rehabilitation centers.
(e) Residential care facilities and adult residential care facilities (pursuant to special
residential facilities provisions of the Broward County Land Use Plan) [see subsection
330-40 c .
10 ORDINANCE#2014-004
Section 8. That Article 725, "Definitions" of the City of Dania Beach Land
Development Code is amended to read as follows:
ARTICLE 725. DEFINITIONS.
Sec. 725-30. Terms defined.
Cra distillery or micro distillery. A facilit�producin beverage everage grade alcohol such as,
but not limited to cognac, whiskey, gin or vodka, as defined by golicable state and federal
regulations, and with a gross floor area of 25,000 square feet or less.
Microbrewery. A brewingfacility acility producing malt beverage as defined by applicable
state and federal regulations, and with gross floor areas of 25,000 square feet or less.
Residential care facility. A residential facility licensed by the state to provide any
combination of nursing care, injury or illness rehabilitation, personal services, community
reentry training, aids for independent living, or counseling, but not fnedieal seFv ees to persons
with disabilities as defined by federal law, as well as clients of the Florida Department of Elderly
[Elder] the Florida Agency for Persons with Disabilities, the Florida Department of Children and
Family Services [Department of Children and Families] or the Agency for Health Care
Administration. This term does not include hospitals licensed under F.S. Chapter 395, as may be
amended from time to time, or any federally operated hospital facility.
des
Watchman or caretaker dwelling unit. A dwelling unit designed to be used by one
person, either a caretaker or night watchman, and which is incidental to an authorized established
commercial or industrial use.
Section 9. That Article 805, "Concurrency Determinations" of the City of Dania
Beach Land Development Code is amended to read as follows:
11 ORDINANCE#2014-004
ARTICLE 805. CONCURRENCY DETERMINATIONS.
Sec. 805-110. Recreation and open space level of service standard, generation rates,
and impact mitigation.
(E) Dedication or payment in lieu of recreation and open space impact fee. Prior to
issuance of a building permit for a residential unit, the owner of the property to be
developed shall dedicate land to the city,to be used
for parks, passive or active open space or recreational purposes and to meet the needs
created by their development and use of the land. The amount of land required to be
dedicated is the acreage of demand that will be generated by the development as
determined in [subsection] (D), above.
(1) Where land dedication is determined by the city to be not feasible or
appropriate, the developer shall, in lieu of dedication, pay to the city a fee, the
ameunt ef-seeh fee to land whie-h
wou4d edwpAise be required to be dedieated,-as—dete edb3tc eity
eenurAssiea &em time to time, based upon euFFent appmisals recreation and open
space impact fee as provided for in Article 810 of this Part 8.
(2) If the development subject to a building permit has previously dedicated
land under this section, or paid a fee in lieu of
dedication under a previous version of this section, then the recreation and open
space impact fee as provided in Article 810 of this Part 8 fee otherwise due at
building permit shall be reduced by the amount previously paid and attributable to
the development subject to the building permit.
Section 10. That Article 810, "Impact Fees" of the City of Dania Beach Land
Development Code is amended to read as follows:
ARTICLE 810. IMPACT FEES.
Sec. 810-10. Findings.
The city commission makes the following findings in support of the creation of this
Article and the adoption and imposition of recreation and open space, fire and rescue,police, and
administrative impact fees:
12 ORDINANCE#2014-004
(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 reports in support of the impact fees
established in this Ordinance to be completed and submitted to the city.
(D) : The city commission finds:
(1) New development should assume a fair share of the cost of providing
adequate recreation and open space, 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 recreation and open space, 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 recreation and open space, 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 recreation and open space, 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.
(IT) Ad valorem tax revenue and other revenues will not be sufficient to provide the
additional capital improvements for the recreation and open space, fire and rescue,police,
and administrative facilities which are necessary to accommodate new development.
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(I) The impact fee reports provides-an adequate and lawful basis bases for the
adoption and imposition of recreation and open space, fire and rescue, police, and
administrative facilities impact fees in accordance with Article 810.
Sec. 810-20. Established.
As a condition of the issuance of a building permit for the initial construction of or
substantial 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 recreation and open space, fire
and rescue,police, and administrative impact fees as is set forth in the provisions of this Article.
See. 810-30. Definitions.
Impact fee reports shall mean jj 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 and 2)2)
the Recreation and Open Space Impact Fee Stud prepared by Walter H. Keller, Inc., dated
February 2014, which establishes the basis for the fair share of recreation and open space capital
facilities costs attributable to new residential development based upon standard and appropriate
methodologies, a copy of which is attached to, made a part of and incorporated by reference into
the ordinance adopting the amendments to 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 recreation and open space, fire and rescue, police, and
administrative facilities,except that city-owned buildings shall be excluded.
Sec. 81040. Imposition of fees.
There is assessed, charged, imposed, and enacted recreation and open space, 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.
14 ORDINANCE#2014-004
Sec.810-50. Payment.
(A) The impact fees shall be paid to the city by the feepayer at the time the building
permit is issued.
(B) Petitions for an alternative impact fee determination or for a refund of impact fees
paid shall be submitted using the petition process, requirements and time limits provided
in this Section.
(1) All petitions shall be submitted to the cjjy manager for processing and
preparation of a report and recommendations by the appropriate staff on the
petition. The final determination on the petition shall be issued by the city
manager. The staff report and recommendations shall be forwarded by the city
manager no later than 60 days after filing of a complete petition. The community
development director shall, no later than 90 days after filing of the complete
petition, issue a written determination on the petition, with the reasoning for the
determination, and, if needed, direct the appropriate city staff to take the actions
necessar to o implement the determination.
(2) The copmLun& development director is authorized to determine whether a
petition is complete and whether additional data or supporting statements by an
appropriate professional are needed for evaluation of the petition. If the
community development director, or authorized representative, determines that
the petition is not complete, a written statement identifying insufficiencies of the
petition shall be provided to the petitioner within 30 days of initial film of f the
petition. The date of such written determination of insufficiency shall toll the time
limits established in this section until submittal of a complete petition.
(3)Upon written agreement by the manager and the petitioner,the time limits
in this section may be waived for any reason, including, but not limited to, the
submittal of additional data and supporting statements by the petitioner.
(4) The cily manager determination on a petition shall be based on the fee
calculation methodology in the technical report and the most appropriate land use
category based on the evidence submitted by the gpplicant or the evidence
provided in the staff report.
15 ORDINANCE#2014-004
(5) Except as otherwise provided in this subsection, the filing of a petition shall
stay action by the city on the application for building permit and any other city
action related to the development. No building_permit or other city action shall be
issued for development for which a petition has been filed unless the fees due, as
determined by the city, have been paid in full or a sufficient bond or letter_of
credit satisfactory to the city attorney has been filed with the city
(C) Prior to or in conjunction with the submission of an application for a building permit,
or within thirty(30) days of the date of a payment of a recreation and open space, fire and
rescue, administrative, RAC Transportation Mitigation Impact Fee or police impact fee,
an applicant may petition the city manager for a determination that:
(1) the amount of the impact fee imposed on the development is inappropriate
based on the specific land use category applied to the development or based on
the amount of development (dwelling gross square footage or both) used to
calculate the fee, as identified in the technical report, to be generated by the
applicant's new development as documented by studies and data supported by
Qualified experts; or
(2)the fees are otherwise unlawfully imposed.
The petition shall specify in detail the basis on which the applicant asserts that the
amount of the impact fee is inappropriate or unlawful. The petition shall be on a
form provided by the city and shall, at a minimum, include: identification of the
disputed factor(s), a detailed statement asserting the basis for the dispute, the data
relied upon by the petitioner, a detailed statement by a qualified professional
engineer, planner or other appropriate professional, and, if filed after payment of
impact fees, a dated receipt for payment of the impact fee. The petitioner shall be
responsible for all costs incurred by the city in reviewing and evaluating the
petition, including but not limited to, staff time and costs of outside consultants
used at the discretion of the city. Failure to timely file a petition for impact fee
determination shall waive any right to challenge, review or recalculate the fee
payment.
(D) The current owner of property on which an impact fee has been paid may apply for a
refund of such fee if. (i) the city has failed to appropriate or spend the collected impact
16 ORDINANCE#2014-004
fees by the end of the calendar quarter immediately following six years after the date of
payment of the impact fee; (ii)the building permit for which the impact fee has been paid
has lapsed for noncommencement of construction; or iii) the project for which a building
permit has been issued has been altered resulting in a decrease in the amount of the fee
due.
(1)Only the current owner of property may petition for a refund. A petition for
refund must be filed within 90 days of any of the above-specified events giving
rise to the right to claim a refund. Failure to timelyfile ile a petition for refund shall
waive any right to an impact fee refund.
(2) The petition for refund shall be submitted to the city manager on a form
provided by the city for such purpose. The petition shall contain a notarized
affidavit that petitioner is the current owner of the property; a certified copy of
latest tax records showing the owner of the subject property; a copy of a dated
receipt for payment of the impact fee on the subject property issued by the cites
building department; and a statement of the basis upon which the refund is sought.
In the case of any uncertainty unceggipty regarding the petitioner's right to the refund, the
petitioner shall be responsible for providing adequate documentation supporting
petitioner's legal rights and agreeing to indemnify and defend the city against any
other claims to the refund.
(3)A money refunded pursuant to this subsection shall be returned with interest
at the rate of three (3)percent per annum.
Sec. 810-60. Disposition of fees.
(A) All fees collected by virtue of this Article and any interest earned on them shall be
deposited in t&ee-(3) few five(45) special and separate trust accounts to be designated
"recreation and open space fees account", RAC Transportation Mitigation Impact Fee
account", "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 from these accounts may
also be expended for the construction of capital improvements for the respective city
recreation and open space, RAC Transportation Mitigation impacts, fire and rescue,
police, and administrative facilities, and the remodeling or enlargement of existing
17 ORDINANCE#2014-004
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. The funds shall
be used exclusively for the purpose of undertaking these improvements or for financing
directly, or as a pledgee against bonds, revenue certificates and other obligations of
indebtedness for the costs of such improvements, and shall be appropriated or expended
by the end of the calendar quarter immediately following six years after the date of
payment of the fee or such fees shall be subject to refund pursuant to section 810-50(D).
(B) In addition to the foregoing, funds from these accounts may be expended for
retirement of loans or bonds that may be issued to finance capital improvements.
Furthermore, these funds may be expended for architectural, engineering, legal and other
professional fees and expenses related to capital improvements,
items. Eaeh and every expenditufe ef fimds fr-em these aeeeun4s shall be au4her-ized-by
Section 11. 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 12. That all ordinances or parts of ordinances in conflict with the provisions of
this Ordinance are repealed to such extent of the conflict.
Section 13. The amendments included in Sections 10 and 11 of this Ordinance shall be
effective on August 14, 2014. The remainder of this Ordinance shall take full effect immediately
upon its passage and adoption.
PASSED on first reading on May 13, 2014.
PASSED AND ADOPTED on second reading on May 27, 2014.
18 ORDINANCE#2014-004
ATTEST:
LOUISE STILSON, CMC WALTER B. DUKE, III
CITY CLERK MAYOR
o�ApDIs F/
0
APPROVED AS TO FO AND CORRECTNESS:
THOMAS J. SBRO
CITY ATTOINEY
19 ORDINANCE#2014-004