09-27-2004 - Workshop
~~~
THE CITY OF EDGEWATER
POST OFFICE BOX 100 · EDGEWATER, FLORIDA 32132-0100
September 20, 2004
-PUBLIC NOTICE-
The City Council of Edgewater will hold a Workshop session at 6:00 p.m., Monday,
September 27, 2004, prior to the Special Meeting, in the Community Center, 102 N. Riverside
Drive. The purpose of the meeting is to discuss the Transportation Impact Fee Study.
Pursuant to Chapter 286, F.S., if an individual decides to appeal any decision made with respect to any matter
considered at a meeting or hearing, that individual will need a record of the proceedings and will need to ensure that
a verbatim record of the proceedings is made. The City does not prepare or provide such record.
In accordance with the Americans with Disabilities Act, persons needing assistance to participate in any of these
proceedings should contact City Clerk Susan Wadsworth, 104 N. Riverside Drive, Edgewater, Florida, telephone
number 386-424-2407, 5 days prior to the meeting date. If you are hearing or voice impaired, contact the relay
operator at J -800-955-877 J.
[:\liz _ docs\meetingnotices\workshop092704
August 27, 2004
Ms. Susan H. Darden
Volusia Home Builders Association
3520 W. International Speedway Blvd.
Daytona Beach, FL 32124
Dear Ms. Darden:
Enclosed for your review is a draft of the City of Edgewater's Transportation Impact Fee
Study.
A workshop for the presentation of this study to City Council is scheduled for September
27 2004 at 6 p.m. in the City of Edgewater Community Center.
If there are any questions regarding this matter, please contact the Planning Department
at (386) 424 -2412.
Sincerely
Darren Lear
Chief Planner
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TABLE OF CONTENTS
CITY OF EDGEWATER
Transportation Impact Fee Study
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Section
Page
1. INTRODUCTION ..................................................................................................... ..............................1
2. IMPACT FEES - BACKGROUND INFORMATION ............................................. ..............................1
3. PURPOSE AND INTENT OF IMPACT FEES ........................................................ ..............................3
4. NATURE OF IMPACT FEES .................................................................................. ..............................3
5. SUPPORT FOR IMPACT FEES .............................................................................. ..............................4
6. LEVEL OF SERVICE .............................................................................................. ..............................7
7. REVIEW OF TRANSPORTATION IMPACT FEES IN VOLUSIA COUNTY AND AREA
MUNICIPALITIES...................... :........................................................................... ............................... 9
8. VOLUSIA COUNTY TRANSPORTATION IMPACT FEE PROGRAM ............. .............................18
9. PROPOSED EDGEWATER LAND USE CATEGORIES ..................................... .............................19
10. TRIP GENERATION RATE ................................... :............................................................................ 22
11. PERCENT NEW TRIPS .......................................................................................... .............................22
12. DISTRIBUTION FACTOR ..................................................................................... .............................23
13. AVERAGE TRIP LENGTH ................. ............................... ................24
.................. ...............................
14. CONSTRUCTION COST ............................................. ............................... .........24
. ...............................
15. PROPOSED EDGEWATER TRANSPORTATION IMPACT FEES ..................... .............................26
16 ESCALATION FACTOR ........................................................................................ .............................30
17. EXEMPTIONS .... I ............................................... .................................................................................. .
18. CREDITS ....................................................................... ............................... ........30
19. DRAFT ORDINANCE ........................................................................................... ............................... 31
APPENDIX I VALIDATION REPORT ........................................................................ ............................... I
APPENDIX II DRAFT ORDINANCE ......................................................................... ............................... II
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LIST OF TABLES
CITY OF EDGEWATER
Transportation Impact Fee Study
Table
Page
TABLE 6.1
CLASSIFICATION OF MAJOR THOROUGHFARES .......................... ..............................8
TABLE 7.1
CITY OF ORMOND BEACH TRANSPORTATION IMPACT FEES ... .............................10
TABLE 7.2
CITY OF DELTONA TRANSPORTATION IMPACT FEES ................ .............................11
TABLE 7.3
CITY OF WINTER SPRINGS TRANSPORTATION IMPACT FEES .. .............................12
TABLE 7.4
CITY OF APOPKA TRANSPORTATION IMPACT FEES ................... .............................13
TABLE 7.5
CITY OF MELBOURNE TRANSPORTATION IMPACT FEES .......... .............................14
TABLE 7.6
CITY OF OCOEE TRANSPORTATION IMPACT FEES ...................... .............................15
TABLE"7.7
CITY OF WINTER GARDEN TRANSPORTATION IMPACT FEES .. .............................16
TABLE 7.8
COMPARISON OF SELECTED FEES ................................................... .............................17
TABLE 9.1
LAND USE TYPE AND UNITS OF MEASURE .................................. .............................20
TABLE 15.1
PROPOSED CITY OF EDGEWATER TRANSPORTATION IMPACT FEES .................26
1. INTRODUCTION
F On February 9, 2004, B &H Consultants, Inc. (B &H) was retained by the City of
Edgewater to prepare a Transportation Impact Fee Study (the Study) for the City of
Edgewater. The purpose of the Study was to establish a proposed schedule of land uses,
transportation impact fees applicable to those land uses, maps and exhibits indicating
near and long -term transportation improvements planned and anticipated for the City of
Edgewater.
B &H has also been retained by the cities of Port Orange and New Smyrna Beach to
prepare Transportation Impact Fee Studies for each of those cities. Combined, these three
studies will result in a regional transportation plan.
B &H, in cooperation with Leftwich Consulting Engineers, Inc. (Leftwich), developed
several traffic models for current and future conditions, using the transportation model
developed for the Florida Department of Transportation known as the Florida
Standardized Urban Transportation Model Structure (FSUTMS). This model is accepted
by Volusia County and other municipal, county and state agencies throughout Florida as
a tool to approximate the traffic impacts of development on the roadway transportation
network. Data sets were developed for the base year of 2000 and for future year
conditions in 2010, 2015, 2020 and 2025. Validation of the base year data was
performed by Leftwich and a copy of the validation report is attached as Appendix I.
2. IMPACT FEES - BACKGROUND INFORMATION
Impact fees are a unique product of local government's home rule powers; and the
development of such fees has occurred in Florida via home rule ordinance rather than by
direct statutory authorization or mandate. Therefore, the characteristics and limitations of
impact fees are found in Florida case law rather than statute.
Impact fees have been found to be a valid exercise of a municipality's home rule powers
as established under Article VIII of the Florida Constitution. In addition, the Florida
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Growth Policy Act, in Chapter 163.3202(3) Florida Statutes provides that: "This section
shall be construed to encourage the use of innovative land development regulations
which include provisions such as transfer of development rights, incentive and
inclusionary zoning, planned -unit development, impact fees, and performance zoning ".
Further, Chapter 166.201 Florida Statutes provides that: "A municipality may raise, by
taxation and licenses authorized by the constitution or general law, or by user charges or
fees authorized by ordinance, amounts of money which are necessary for the conduct of
municipal government... "
The following section provides a discussion of the basis for determining impact fees
including the various fee criteria, certain legal requirements and a brief discussion of,
court decisions related to the issue of impact fees.
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3. PURPOSE AND INTENT OF IMPACT FEES
The purpose and intent of impact fees is to require that new development pay for its fair
share of public capital facilities. Impact fees are used by local governments to finance,
¢ fi defray or reimburse all or a portion of the costs of public capital facilities which serve
such new development.
- The amount of each impact fee must be calculated in a manner which ensures that the fee
is reasonably proportional to the impacts of new development on public facilities. The
City assumes responsibility for, and will fund utilizing general city revenues, all public
facility needs for existing development. Impact fees can not be used to fund
improvements necessary to correct existing deficiencies.
The Edgewater City Council has authorized this Transportation Impact Fee Study
because it has the responsibility for and is committed to
p y .providing, transportation
facilities necessary to support new residential and non - residential development.
As new development projects are built, additional demands on the transportation system
are created. The new development projects must meet these demands by appropriate
contributions of funds, land or facilities in reasonable proportion to the demand each
project creates.
I The purpose of the transportation impact fees recommended by this Study is to provide a
" funding source for the necessary planning, design and construction of needed
transportation system improvement and expansion projects due to the demands of new
growth.
4. NATURE OF IMPACT FEES
In Florida, municipal transportation impact fees have been an acceptable means of
funding capital expenses associated with new growth for many years.
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Impact fees are sometimes erroneously thought of as a type of special assessment or a tax
on property. Neither of these comparisons is correct for the reasons discussed below.
A special assessment is a charge imposed on a property based on the predicted increase in
the value of the property due to a planned improvement being constructed on, adjacent to,
or in the vicinity of the property. The amount of a special assessment must be based
directly on the benefit received by each property due to the improvement(s) constructed.
In contrast, an impact fee is not based on the benefit received by a property, but rather is
based on the burden the property places on existing and proposed facilities.
An undeveloped parcel of land, adjacent to a new road construction project could be
subject to a special I assessment for a proportionate share of the road construction cost.
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The benefit received by the property is an increase in value due to the adjacent new road
project. That same undeveloped property however, would not be subject to a
transportation impact fee until development occurs on the property, because until
development occurs, there is no burden placed on the transportation system by the
undeveloped land.
A property tax is based on property values and criteria that are not dependant on a
property's demand on, or consumption of public services. Property taxes may be
collected on vacant land as well as on developed land. The funds received from property
taxes, as a general rule, can be used for any legal public purpose. Impact fees are based
on specific demands or burdens placed on public capital facilities, and are generally
collected only as those burdens occur due to development of the property. The funds
received from impact fees are generally used only for recovery of costs related to new
growth demands.
5. SUPPORT FOR IMPACT FEES
In the Florida Supreme Court decision, Contractors and Builders Association of Pinellas
Count vs. City of Dunedin Florida regarding the validity of impact fees certain
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conditions were identified as necessary in order to have a valid impact fee.
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In addition to the Dunedin decision, there have been several other landmark cases
concerning impact fees in Florida. In the Hollywood, Inc. vs. Broward County case, a
challenge was made regarding the applicability of levying a system of fees for parks and
recreation. The County was collecting an impact fee for each residential unit constructed,
and after review of the challenge, the court upheld the imposition of the fee.
The major question associated with this case concerned whether the impact fee properly
and adequately correlated to the benefit received. This is what is referred to as the "Dual
Rational Nexus of Benefit Test ".
As stated in the court's decision, a local government must show a reasonable connection
or correlation between the anticipated need for additional capital facilities and the growth
in population generated by the new development and the government must show a
reasonable connection between the expenditure of the funds collected and the benefits
accruing to the new development from those expenditures.
T As developed under case law, in order to meet the "dual rational nexus test" and be able
to withstand legal challenge, the four characteristics of legally sufficient impact fees
levied by a local government are as follows:
1. The fee is levied on new development or expansion of existing development.
2. The fee is a one -time charge, although collection may be spread out over time.
3. The fee is earmarked for capital outlay only; operating costs are excluded.
4. The fee represents a proportional share of the cost of the facilities needed to
serve the new development.
As noted above, impact fees are charges imposed by local governments against new or
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expanded development. Such charges represent a total or partial payment for the cost of
additional facilities or services made necessary as the result of that new development.
Rather than imposing the cost of these new facilities or services upon the general public,
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the purpose of impact fees is to shift the capital expense burden of growth from the
general public to the developer and new residents or businesses.
The City of Edgewater currently levies several different impact fees on new development
to offset the capital demands placed on various municipal systems by new development.
The City has enacted impact fees for police, fire, water, wastewater and recreation
services. The City also collects school and County roadway impact fees. The County
roadway impact fees are used to improve the County roadway network and no local
roadway improvements are made using County roadway impact fee funds.
Over the past few years, the demands on the city's transportation network have increased,
and those demands will continue to increase with additional development. The City has
determined that a transportation impact fee charged to new development projects is
necessary and is an appropriate mechanism by which the demands on the local
transportation system caused by those new development projects can be offset.
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The findings of this Study and the experience of other similarly situated cities support the
imposition of transportation impact fees to finance the creation or expansion of local
public transportation facilities, the demand for which is created by new development.
This Study finds that imposition of such fees is in the best interests of the general welfare
of the City of Edgewater and its residents, is equitable, and does not impose an unfair
burden on new development.
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i It is important to emphasize that any existing deficiencies in transportation facilities are
r I to be funded by revenues other than impact fees. Therefore, the revenue derived from the
transportation impact fee shall be used only for transportation studies, capital
improvements and other additions to the transportation network, the need for which are
reasonably determined to be caused by the impacts of new development.
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6. LEVEL OF SERVICE
It is the intent of the City that the City's transportation network be designed and operated
in a manner that will allow the various segments of the network to function at acceptable
levels of service. The term "level -of- service" (LOS) is used to define the service standard
associated with the different operating conditions that occur on a roadway. It defines
qualitative and quantitative characteristics for factors such as trip counts, travel speed,
travel time, traffic interruptions, freedom to maneuver, safety, driver comfort and
convenience and vehicle operating costs.
The LOS standards used for evaluating acceptable levels of congestion on streets and
roads in the Edgewater area are the same as those used by the Florida Department of
Transportation (FDOT). In this Study, when the term "roadway capacity" is used, the
reference is to the generalized maximum trip volumes that can be accommodated on a
given roadway based on the desired LOS. The average number of vehicles per day that
can be accommodated at a given LOS on a particular roadway is shown in generalized
tables in FDOT's Quality /Level of Service Handbook.
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! The Transportation Element of the City's Comprehensive Plan establishes LOS C as the
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minimum level of service for Limited Access roads (I - 95), and LOS D as the minimum
level of service for arterials and collectors. LOS D is therefore the minimum level of
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service for all City roads classified as arterials or collectors. A list of arterial and collector
roads is provided in the Comprehensive Plan and is reproduced in this report as Table
6.1.
It is important to note that capital planning is an evolving process and the level of service
standards for the public facilities constitutes a projection of anticipated need for public
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facilities, based upon present knowledge and judgment. Therefore, in recognition of
d changing growth patterns and the dynamic nature of population growth, it is the intent of
I this report that the level of service standards for the transportation facilities and the
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I' impact fee imposed should be reviewed and adjusted periodically, to ensure that the
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impact fees continue to be imposed equitably and lawfully, based upon actual and
anticipated growth at the time of their imposition 'or adjustment.
TABLE 6.1
City of Edgewater
Classification of Maior Thoroughfares
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7. REVIEW OF TRANSPORTATION IMPACT FEES IN VOLUSIA
COUNTY AND AREA MUNICIPALITIES
At the time of this study, the City of Ormond Beach and the City of Deltona were the
only municipalities in Volusia County with an adopted municipal traffic impact fee
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1 The City of Ormond Beach describes local road impact fees in Article IV, Section 1 -27 of
1 the Land Development Code. The amount of the local road impact fee is established by
ordinance annually, and the fee for any particular land use is calculated on the basis of an
r equivalent living unit and gross floor area. The land use categories and associated factors
and impact fees for Ormond Beach are shown in Table 7.1.
The City of Deltona's current transportation impact fee schedule is the result of a study in
2003 performed by Ghyabi & Associates, Inc. The City of Deltona's land use categories
and associated impact fees are included in this report for reference, and are listed in Table
7.2.
Because there are few municipalities in Volusia Country with existing traffic impact fees,
B &H gathered information on transportation impact fees charged by other central Florida
municipalities to establish a baseline against which to compare the proposed Edgewater
transportation impact fees. Impact fees from several cities were reviewed, and the fee
schedules for Winter Springs, Apopka, Melbourne, Ocoee and Winter Garden are
provided for reference as Tables 7.3, 7.4, 7.5, 7.6 and 7.7.
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TABLE 7.1
City of Ormond Beach Transportation Impact Fees
Land Use Type
Impact Fee Factor
Impact Fee
Single Family
1.0
$120.00
Multi-Family
1.0
120.00
Mobil / Manufactured Home
1.0
120.00
Hotel / Motel
0.7
84.00
Office / Professional
General / Government Office
1.4
169.00
Medical Office
6.2
747.00
Banks with Drive -Thru
8.3
997.00
Banks with no Drive -Thru
5.4
649.00
Warehouse
Warehouse
0.6
74.00
Mini - Warehouse
0.6
74.00
Industrial
0.6
74.00
Retail
0 - 99,000 s . ft.
5.1
615.00
100,000 - 199,000 s . ft.
4.9
591.00
200,000 - 299,999 s . Ft.
3.7
446.00
CBD Sandwich Shop Type B
3.8
456.00
Restaurant Type A/C /D
5.4
649.00
Convenience Store
8.3
997.00
Institutional
Hospital**
1.3
155.00
Nursing Home **
0.4
49.00
Churches / Education
0.9
110.00
Day Care
2.25
270.00
Recreation
General Recreation * **
0.35
43.00
Local Park
0.35
43.00
�1 * fee shown is per unit for residential and hotel /motel, per 1,000 sq. ft. for all others
except as noted.
** per bed
* ** per parking space
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TABLE 7.2
City of Deltona Transportation Impact Fees
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Code
Land Use
Impact Fee
210
Single Family
$502.33
220
Apartment
489.04
230
Residential Condo / Townhouse
7TRooms
256.33
240
Mobile Home Park
177.40
310
Hotel
292.50
320
Motel
159.05
620
Nursing Home
51.80
610
Hospital
Sq. Ft.
0.57
710
Office under 10,000 sf
Sq. Ft.
0.98
710
Office over 10,000 sf
Sq. Ft.
0.52
714
Corporate headquarters building
Sq. Ft.
0.33
720
Medical Office
Sq. Ft.
1.28
911
Bank w /out Drive - through
Sq. Ft.
1.03
912
Bank w /Drive- through
Sq. Ft.
2.48
110
Light Industry
Sq. Ft.
0.28
140
Manufacturing
Sq. Ft.
0.16
150
Warehouse
Sq. Ft.
0.20
151
Mini - Warehouse
Sq. Ft.
0.10
820
Retail, less than 10,000 sf
Sq. Ft.
1.21
820
Retail, 10,000 - 99,999 sf
Sq. Ft.
0,79
820
Retail, 100,000 - 1,000,000 sf
Sq: Ft.
0.70
820
Retail, Greater than 1,000,000 sf
Sq. Ft.
0.84
831
Quality Restaurant
Sq. Ft.
1.83
832
High- Turnover Restaurant
Sq. Ft.
2.40
834
Fast Food Restaurant
Sq. Ft.
5.22
CBD Sandwich Shop
Sq. Ft.
1.06
837
Quick lube
Bays
871.89
840
Auto Care/ Detailing
Sq. Ft.
0.84
841
New and Used Car Sales
Sq. Ft.
1.18
849
Tire Store / Auto Repair
Bays
626.15
850
Supermarket
Sq. Ft.
1.54
851
853
Convenience Store
Convenience Store w /Gas Pumps
Sq. Ft.
Sq. Ft.
3.89
3.31
862
881
890
Conv. Store w /Gas and Fast Food
Home Improvement Store
Pharmacy /Drugstore w /Drive Thru
Furniture Store
Sq. Ft.
Sq. Ft.
Sq. Ft.
Sq. Ft.
6.24
0.82
0.66
0.14
411
412
444
560
565
General Recreation
City Park
Major Park
Major Sports Facility
Movie Theater
Church
Day Care
Parking Space
Parking Space
Parking Space
Parking Space
Screens
Sq. Ft.
Sq. Ft.
174.15
79.77
118.54
105.73
2,130.20
0
1.00
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TABLE 7.3
City of Winter Springs Transportation Impact Fees
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Code
Land Use
Units
Impact Fee
110
General light industrial
1,000 SF
$914.75
130
Industrial park
1,000 SF
762.75
150
Warehousing
1,000 SF
1,154.29
151
Mini - warehouse
1 SU
26.44
210
Single- family detached
1 CU
890.95
220
Low -rise apartment
1 CU
539.13
230
Low -rise residential condo
1 Cu
504.53
240
Mobile home park
1 Cu
505.56
252
Congregate Care
1 Cu
155.31
320
Motel
1 RM
592.07
430
Golf course
1 AC
324.06
444
Movie theatre
1 SCR
15,610.92
492
Racquet club
1,000 SF
1,505.82
494
Bowling alley
1,000 SF
2,900.82
560
Church
1,000 SF
573.93
566
Day care center
1,000 SF
981.72
610
Hospital
1 BED
591.54
620
Nursing home
1 BED
121.76
630
Clinic
1,000 SF
2,219.69
710
General office building
1,000 SF
2,093.45
720
Medical /dental office building
1,000 SF
3,614.34
750
Office park
1,000 SF
1361.06
770
Business park
1,000 SF
1,346.85
812
Building materials /lumber store
1,000 SF
1,448.58
814
Specialty retail center
1,000 SF
1,689.68
815
Discount store
1,000 SF
963.66
816
Hardware /paint store
1,000 SF
1,125.20
817
Nursery /garden store
1,000 SF
1,048.88
820
Retail (C)
0-- 25,000 sq. ft.
1,000 SF
1,552.63
25,000 -- 50,000 sq. ft.
1,000 SF
1,438.95
50,000 -- 99,999 sq. ft.
1,000 SF
1,707.67
100,000 -- 199,999 sq. ft.
1,000 SF
1,767.10
200,000 -- 299,999 sq. ft.
1,000 SF
1,767.10
831
Quality restaurant
1,000 SF
5,178.58
832
High turnover sit -down restaurant
1,000 SF
3,954.79
833
Fast food restaurant w /o drive -thru
1,000 SF
10,348.83
834
Fast food restaurant w /drive -thru
1,000 SF
8,894.02
840
Auto care center
1,000 SF
963.64
845/846
Service station w /convenience
1,000 SF
1,745.37
847
Self- service car wash
1 STL
1,677.78
848
Tire Store
1,000 SF
888.38
851
Conv, store (open 24 hrs,) (w /o gasoline pumps)
1,000 SF
1,522.43
853
Convenience store w /gasoline pumps
1,000 SF
1,970.52
890
Furniture store
1,000 SF
140.37
Walk -in bank
1,000 SF
1,452.32
E 912
Drive -in bank
1,000 SF
3,660.47
12
TABLE 7.4
City of Apopka Transportation Impact Fees
tz
rl b
Land Use
Units
Impact Fee "
Single- family residential
Unit
$1,103.35
Condominium
Unit
642.25
Planned unit development
Unit
815.73
Multifamily residential
Unit
669,23
Retirement community
Unit
361.86
Mobile home
Unit
527,88
Hotel /motel
Unit
997.11
Office <100,000 sq, ft.
1,000 sq. ft.
2,201.36
Office 100,000 -- 200,000 sq. ft.
1,000 sq. ft.
1,672.78
Office »200,000 sq. ft.
1,000 sq. ft.
1,556.59
Hardware store
1,000 sq. ft.
2,948.30
Retail <50,000 sq. ft,
1,000 sq. ft.
4,533.42
Retail 50,000 -- 99,999 sq. ft.
1,000 sq. ft.
3,023.28
Retail 100,000 -- 199,999 sq. ft.
1,000 sq. ft.
3,014.45
Retail 200,000 -- 299,999 sq, ft.
1,000 sq. ft.
2,980.74
Retail 300,000 -- 399,999 sq. ft.
1,000 sq. ft.
2,567.78
Retail 400,000 -- 499,999 sq: ft.
1,000 sq. ft.
2,338.36
Retail 500,000 -- 999,999 sq. ft.
1,000 sq. ft.
2,207,98
Retail 1,000,000 -- 1,250,000 sq.
ft,
1,000 sq. ft,
2,032.16
Retail »1,250,000 sq. ft.
1,000 sq. ft.
1,997.02
Hospital
1,000 sq. ft.
2,251.83
Industrial
1,000 sq. ft.
940.16
Manufacturing
1,000 sq. ft.
519.00
Warehousing
1,000 sq. ft,
658.80
Restaurant
1,000 sq. ft.
8,006.81
Bank
1,000 sq. ft.
6,693.64
Golf course
Acre
912.88
Bowling alley
1,000 sq, ft.
745.66
Service station
Pump
4,281.42
Assembly
1,000 sq. ft.
1,038.94
Mini warehouse
1,000 sq, ft.
351.67
Day care
1,000 sq. ft.
2,516.27
New car sales
1,000 sq. ft.
1,784.79
13
TABLE 7.5
City of Melbourne Transportation Impact Fees
l
�
1
Land Use
Units
Impact Fee *
Single- family residential
Unit
$ 864.00
Apartment, multi - family
Unit
585.00
Automobile service station
Pump
9,601.00
Bank
1,000 s.f. (GFA)
10,769.00
Clinic
1,000 s.f. (GFA)
1,932.00
Day care center
1,000 s.f. (GFA)
3,218.00
Fast food restaurant w/ drive-
through window
1,000 s.f. (GFA)
20,534.00
House of worship
1,000 s.f. (GFA)
756.00
General industrial
1,000 s.f. (GFA)
566.00
General office:
Up to 100,000 s.f.
1,000 s.f. (GFA)
1,547.00
100,001 -- 200,000 s.f.
1,000 s.f. (GFA)
998.00
Over 200,000 s.f.
1,000 s.f. (GFA)
872.00
Hospital
1,000 s.f. (GFA)
1,362.00
Hotel
Room
787.00
Manufacturing
1,000 s.f. (GFA)
312.00
Medical /dental office building
1,000 s.f. (GFA)
2,774.00
Mini - warehouse
1,000 s.f. (GFA)
211.00
Mobile home
Unit
435.00
Motel
Room
912.00
Nursing home
Bed
234.00
Private junior college
Student
108.00
Private school (K - -12)
Student
62.00
Private university /college
Student
192.00
Sit -down restaurant
1,000 s.f. (GFA)
5,486.00
Specialty retail center
1,000 s.f. (GFA)
1,482.00
14
TABLE 7.6
City of Ocoee Transportation Impact Fees
JI
�P
E
Land Use
Units
Impact Fee
RESIDENTIAL
Single Family
Dwelling Unit
$1,865.97
Apartment
Dwelling Unit
$1,292.73
Condominium/Townhouse
Dwelling Unit
$1,142.59
Mobile Home
Dwelling Unit
$937.86
LODGING
Hotel -Motel
Occupied Room
$1,618.93
OFFICE
Less than 100,000 SF
1,000 SF GLA
$2,977.60
100,000 to 200,000 SF
1,000 SF GLA
$2,307.67
Greater than 200,000 SF
1,000 SF GLA
$2,049.77
Medical - Dental Office Building
1,000 SF GLA
$6,151.89
RETAIL
Less than 50,000 SF
1,000 SF GLA
$4,359.57
50,000 to 100,000 SF
1,000 SF GLA
$2,885.07
100,000 to 199,999 SF
1,000 SF GLA
$3,031.10
200,000 to 299,999 SF
1,000 SF GLA
$3,404.55
300,000 to 399,000 SF
1,000 SF GLA
$3,472.09
400,000 to 499,999 SF
1,000 SF GLA
$3,450.15
500,000 to 999,999 SF
1,000 SF GLA
$3,776.35
100,000,000 to 1,250,000 SF
1,000 SF GLA
$3,920.93
Greater than 1,250,000,000 SF
1,000 SF GLA
$3,776.19
Convenience Market with Gas
Pumps
Fueling Position
$8,851.12
Gasoline /Service Station
Fueling Position
$3,299.55
Restaurant, Fast Food
1,000 SF GLA
$12,922.02
Restaurant, High Turnover (Sit
Down
1,000 SF GLA
$12,174.65
Restaurant, Quality
1,000 SF GLA
$13,249.23
New Car Sales
1,000 SF GLA
$4,991.75
Pharmacy /Drugstore
1,000 SF GLA
$4,286.31
Quick Lubrication Vehicle Shop
Servicing Positions
$783.00
Wholesale Tire Store
Service Bays
$1,016.62
SERVICES
Drive -In Bank
1,000 SF GLA
$4,886.08
Walk -In Bank
1,000 SF GLA
$2,882.90
INSTITUTIONAL
Day Care Center
1,000 SF GLA
$4,170.82
MEDICAL
Hospital
1,000 SF GLA
$2,943.32
Nursing Home
1,000 SF GLA
$279,42
INDUSTRIAL
Light Industrial
1,000 SF GLA
$1,565.01
Manufacturing
1,000 SF GLA
$857.73
Mini - Warehousing
1,000 SF GLA
$387.54
Warehousing
1,000 SF GLA
$1,113.70
PORT AND TERMINAL
Truck Terminal
1,000 SF GLA
$2,211.68
15
TABLE 7.7
City of Winter Garden Transportation Impact Fees
�.1
Land Use
Units
Impact Fee *
South of Turnpike
North of Turnpike
Single- family residential
Dwelling
$2,183.00
$1,681.00
Multi Family
Dwelling
1,512.00
1 ,164.00
Mobil Home
Dwelling
1,097.00
845.00
Office 0- 100,000
1,000 s.f.
3,921.00
3,019.00
Office 100,001 -- 200,000
1,000 s.f.
2,922.00
2,250.00
Office 200,000 >
1,000 s.f.
2,420.00
1,863.00
Retail 0- 50,000
1,000 s.f,
10,898.00
8,390.00
Retail 50,001 - 100,000
1,000 s.f.
7,060.00
5,435.00
Retail 100,001 -200,000
1,000 s.f.
7,087.00
5,456.00
Retail 200,001 -300,000
1,000 s.f.
7,157.00
5,510.00
Retail 300,001 -400,000
1,000 s.f.
6,350.00
4,889.00
Retail 400,001 -500,000
1,000 s.f.
5,809.00
4,472.00
Retail 500,001 - 1,000,000
1,000 s.f.
5,350.00
4,119.00
Retail 1,000,001 - 1,200,000
1,000 s.f.
4,774.00
3,675.00
Retail >1,200,000
1,000 s.f.
4,307.00
3,316.00
Hospital
1,000 s.f.
4,069.00
3,133.00
Industrial (Park)
1,000 s.f.
1,690.00
1,301.00
Manufacturing
1,000 s.f.
926.00
713.00
Warehousing
1,000 s.f.
1,203.00
926.00
Hotel / motel
Room
1,806.00
1,390.00
Restaurant (Hi turnover / sit-
down
1,000 s.f.
13,382.00
10,302.00
Bank
1,000 s.f.
15,721.00
12,102.00
Mini warehouse
1,000 s.f.
606.00
467.00
Day care
1,000 s.f.
5,382.00
4,143.00
Raquet Club
1,000 s.f.
2,037.00
1,568.00
Library
1,000 s.f.
13,095.00
10,081.00
New Car Sales
1,000 s.f.
3,631.00
2,795.00
Post Office
1,000 s.f.
10,479.00
8,064.00
School
1,000 s.f.
2,891.00
2,225.00
Drug Store
1,000 s.f.
8,739.00
6,728.00
Fast Food w /Drive Thru
1,000 s.f.
39,212.00
30,186.00
Medical / Dental Office
1,000 s.f.
8,761.00
6,745.00
Auto Care Center
1,000 s.f.
1,598.00
1,230.00
Quick Lube Center
Bay(s)
4,031.00
3,103.00
Gas station w /Convenience Mart
Pump
9,006.00
6,933.00
Gas station w /out Convenience
Mart
Pump
9,326.00
7,179.00
Convenience Store w /gas pumps
1,000 s.f.
30,020.00
23,110.00
Convenience Store w /out gas
p umps
1,000 s.f.
40,830.00
31,432.00
Car wash and detailing
Stall
583.00
449.00
Bowling Alley
1,000 s.f.
3,227.00
2,484.00
Movie Theater
1,000 s.f.
15,424,00
11,874.00
Business Park (to be used for all
speculative heavy commercial or
industrial incubators
1,000 s.f.
3,094.00
2,382.00
Lull
The table below provides a comparison of selected land uses and the associated fees
imposed by each of these cities.
TABLE 7.8
Comparison of Selected Fees
T
i
l
r
t
Land Use
Ormond
Deltona
Winter
Apopka
Melbourne
Ocoee
Winter
Edgewater
Beach
Springs
Garden
(Proposed)
Single
$120.00
$502.33
$890.95
$1,103.35
$864.00
$1,865.97
$2,183.00
$1,370.00
Family
Apartment
$120.00
$489.04
$539.13
$669.23
$585.00
$1,292.73
$1,512.00
$1,012.46
Hotel
$84.00
$292.50
$592.07
$997.11
$787.00
$1,618.93
$1,806.00
$994.75
Industrial
$74.00
$280.00
$914.75
$940.16
$566.00
$1,565.01
$1,690.00
$998.83
Mini-
$74.00
$100.00
$26.44
$351.67
$211.00
$387.54
$606.00
$230.57
warehouse
Bank
$997.00
$248.00
$3,660.47
$6,693.64
$10,769.00
$4,886.08
$15,721.00
$8,995.93
w/ drive thru
Medical
$747.00
$128.00
$3,614.34
$2,201.36
$2,774.00
$6,151.89
$8,761.00
$3,907.73
Office
(office<10 ksf)'
Retail
$615.00
$790.00
$1,707.67
$3,023.28
$1,482.00
$2,885.07
$7,060.00
$2,149.20
(0 -99 ksf)
(10 -100
(50 -100 ksf)
(50 -100 ksf)
(no size limit)
(50 -100 ksf)
(50 -100 ksf)
(10- 100ksf)
ksf)
i souEnot iumpiKe
2 ksf = 1,000 sq. ft.
This table illustrates the wide variation in transportation impact fees among the different
municipalities. Because of this variation, it is difficult to draw any conclusions regarding
any "average" impact fees, and therefore, this Study uses these other impact fees more as
reference points than as guidelines. Because the City of Edgewater is contained within
Volusia County, this Study made use of the Volusia County data, and the resulting
proposed transportation impact fees were compared to those charged by other
municipalities as a reasonableness check.
17
8. VOLUSIA COUNTY TRANSPORTATION IMPACT FEE PROGRAM
In September of 2003, Volusia County's Roadway Impact Fee program was reviewed
and updated by TEI Engineers & Planners and Tindale- Oliver & Associates, Inc. The
County's Roadway Impact Fee program is based on information derived from local,
regional and national information resources, and provides a very good foundation upon
which to build the City of Edgewater's Transportation Impact Fee program.
This Study for the City of Edgewater makes use of certain data common to the Volusia
County Roadway Impact Fee program to provide, to the greatest extent feasible,
R conformity between the County's existing transportation impact fee system and the City's
f ro osed transportation impact fees stem. This conformity will reduce the
P P P p Y Y potential for p
1. confusion in the development community, and will minimize the likelihood for project
location decisions to be based primarily on transportation impact fee issues.
I
[i
e
tr
Volusia County has established a formula to calculate traffic impact fees to be charged by
the County for a variety of different types of development. This formula includes a
number of different factors, some of which vary by development type, and some of which
are fixed.
The formula developed for and used by Volusia County is:
Impact Fee = {(TGR =2) X ( %NT) X (DF) X (ATL) X (CC= LM))+WCL
In this formula, the various factors are defined as:
TGR
= trip generation rate (this rate varies by land use)
%NT
= percent of all trips that are new trips generated by a land use
DF
= distribution factor of trips using the thoroughfare network
ATL
= average trip length on the thoroughfare system
CC—.LM
= average road construction cost per lane mile
WCL
= weighted capacity per lane mile
9. PROPOSED EDGEWATER LAND USE CATEGORIES
For the City of Edgewater, this Study developed a list of land use types that form the
basis of the schedule of City of Edgewater transportation impact fees. The recommended
list of land use types for the City of Edgewater's transportation impact fee program is
( based on similar land uses adopted by Volusia County. In discussions with City staff, it
T was noted that additional land use types that were not addressed by the County were
needed in Edgewater and these have been included in the recommended list.
The list of land uses is intended to address the most common types of development
anticipated to occur in the City, but is not intended to be all - inclusive. The recommended
list of land use types is shown in Table 9.1.
There may be instances when a proposed land use type does not fit neatly into any of the
types on the list. Also, some developers may feel that the prescribed impact fee
associated with their development type is higher than it should be.
In its enacting ordinance and/or policies and procedures, the City will prescribe the
methods to be used to calculate an alternate impact fee for land uses that are not
specifically listed. Usually, this is done by applying the fee for the land use that most
closely matches the one in question.
In addition, provisions will be made for the developer of any particular property to
produce site and condition - specific data and analysis in support of a revise impact fee.
This data will be reviewed by the City, and if it is found to be acceptable, may be used as
the basis for a revised site - specific impact fee.
19
TART X 9.1
Land Use Type and Units of Measure
t
r
ITE
Code
Use
Unit
Residential
210
Single Family
DU
220
Apartment
DU
230
Residential Condominium/ Townhouse
DU
240
Mobile Home Park
DU
310
Hotel
Rooms
320
Motel
Rooms
620
Nursing Home
Beds
Office and Financial
610
Hospital
1,000 sf
710
Office under 10,000 sf
1,000 sf
710
Office over 10,000 sf
1,000 sf
714
Corporate headquarters building
1,000 sf
720
Medical Office
1,000 sf
750
Office Park
1,000 sf
760
Research Center
1,000 sf
770
Business Park
1,000 sf
911
Bank w /out Drive - through
1,000 sf
912
Bank w /Drive - through
1,000 sf
Industrial
110
Light Industry
1,000 sf
130
Industrial Park
1,000 sf
140
Manufacturing
1,000 sf
150
Warehouse
1,000 sf
151
Mini - Warehouse
1,000 sf
Retail
812
Building Materials and Lumber Store
1,000 sf
816
Hardware /Paint Store
1,000 sf
820
Retail, less than 10,000 sf
1,000 sf
820
Retail, 10,000 - 99,999 sf
1,000 sf
820
Retail, 100,000 - 1,000,000 sf
1,000 sf
820
Retail, Greater tha 1,000,000 sf
1,000 sf
831
Quality Restaurant
1,000 sf
832
High- Turnover Restaurant
1,000 sf
834
Fast Food Restaurant
1,000 sf
CBD Sandwich Shop
1,000 sf
836
Bar / Lounge / Drinking Place
1,000 sf
837
Quick tube
Bays
840
Auto Care/ Detailing
1,000 sf
841
New and Used Car Sales
1,000 sf
20
TABLE 9.1 (cont'd)
Land Use Type and Units of Measure
ITE
Code
Use
Unit
Retail
847
Car Wash
1,000 sf
849
Tire Store / Auto Repair
Bays
850
Supermarket
1,000 sf
851
Convenience Store
1,000 sf
853
Convenience Store w /Gas Pumps
1,000 sf
Convenience Store w /Gas and Fast
Food
1,000 sf
862
Home Improvement Store
1,000 sf
881
Pharmacy /Drugstore w /Drive Through
1,000 sf
890
Furniture Store
1,000 sf
Recreational
General Recreation
Parking
Space
411
City Park
Parking
Space
412
Major Park
Parking
Space
416
Campground / RV park
space
420
Marina
slip
Major Sports Facility
Parking
Space
Miscellaneous
444
Movie Theater
Screens
560
Church
1,000 sf
565
Day Care
1,000 sf
Airport Hanger
1,000 sf
Veterinary Clinic
1,000 sf
�r
�a
21
10. TRIP GENERATION RATE
A "trip" is one of the factors used in the calculation of a transportation impact fee. Every
trip has an origin and a destination, defined as the "trip- ends ". Using this logic, a round
trip from home to work and back results in four trip -ends. That is, in the morning there is
an origin at home and a destination at the workplace, and at the end of the day, there is an
origin at the workplace and a destination at home. To avoid overcounting, trip -ends are
divided by two to generate the number of "trips" associated with a specific land use. In
this case, the four trip -ends are associated with two trips... one from home to work, and
one from work to home.
In this Study, trip generation rates are based on information contained in the sixth edition
of the Institute of Traffic Engineers (ITE) Trip Generation manuals and on local studies
related to specific municipalities and counties. The Trip Generation manuals provide trip
generation rate characteristics for a number of different land use types. This information,
along with generation rate characteristics identified in other professional reference
literature and studies of communities throughout the United States provides information
that is representative of the trip generation characteristics of various land uses in the City
of Edgewater.
11. PERCENT NEW TRIPS
There is very little data available through ITE with regard to the percent of new trips
generated by a particular land use. For this Study, the percent- new -trips data was
reviewed from traffic impact fee ordinances for other central Florida counties and
municipalities, and was found to be generally consistent with the information presented
in the Volusia County study.
For this reason, and to maintain conformity with the Volusia County model, this Study is
based on the new trip percentages used in the Volusia County study. The Volusia County
F
data was developed using information from national and local traffic studies. As noted
above, this information tends to be relatively uniform, and for that reason, the calculation
T 22
of Edgewater - specific new trip percentages would not be a cost effective task. The
percent new trips factors used to calculate the proposed transportation impact fees for
various land use categories are shown in Table 15.1.
12. DISTRIBUTION FACTOR
In the development of a transportation impact fee, the distribution of trips on city, county
and state roads must be accounted for. In the case of the City of Edgewater, the traffic
impact fee that is to be collected will be used, in most cases, for improvements to the
city's transportation network. City traffic impact fee funds will not, as a general rule, be
used to fund improvements to county or state transportation facilities. The City may elect
however, to use its traffic impact fee funds as matching funds to combine with state or
county funds. This could be done to accelerate state or county roadway projects to make
improvements that affect the ability of the City to manage growth within the municipal
limits.
To determine the distribution of trips made on the city's street network as opposed to
county and state roads with precision, a local travel study would need to be performed.
As part of the local traffic study, drivers would be stopped at several locations in the City
and would be asked to answer a questionnaire regarding their origin and destination as
well as the route they plan to take for their trip. This is a very time and labor intensive
project, and is outside the scope of this Study.
The Volusia County study determined that 29.7 % of all vehicle miles traveled in Volusia
County take place on the interstate system. This leaves 70.3% of the total traveled miles
in the County distributed over all other local roads. For the purpose of this Study, it was
estimated that approximately 40% of all traveled miles in the Edgewater area take place
on City of Edgewater local roads and this was factored into the calculation of
transportation impact fees for Edgewater.
1 x 23
rr
1
13. AVERAGE TRIP LENGTH
As with the percent new trips, there is very little data available through ITE with regard
to the average trip length associated with a particular land use. Again, to maintain
conformity with the Volusia County model, this Study makes use of the trip length data
identified in the Volusia County study, but with certain adjustments. Typically, trip
lengths within a municipality are somewhat shorter than corresponding trip lengths found
in the unincorporated county. This is due primarily to the more compact and urban nature
of a city.
The trip- making characteristics found through several origin/destination studies indicates
that the trip lengths used in the Volusia County study should be adjusted downward to
more accurately reflect actual conditions in a municipal area. This adjustment generally
ranges from 55% to 70% of the county -wide trip length data, and although the Volusia
County data is used as a basis, it is recommended that a conservative adjustment factor of
75% be applied to the county trip length data.
This 25% reduction has been applied to the trip lengths used to develop the proposed City
of Edgewater transportation impact fees. The adjusted trip lengths used to calculate the
proposed transportation impact fees for various land use categories are shown in Table
15.1.
14. CONSTRUCTION COST
For any given type of new development, the associated traffic impact fee should be based
on the costs of all aspects of road construction (right -of -way, design/permitting,
construction/inspection) necessary to support the anticipated increase in traffic due to that
new development.
The construction cost factor used in the impact fee equation should reflect the total cost
of construction of roadway projects in the area in the recent past, and should also reflect
anticipated costs for planned roadway projects.
1_
24
Discussions with City of Edgewater staff revealed that the City of Edgewater has not
constructed any major roadway projects in the last five years and has not yet budgeted for
any new, major transportation facilities in the next five years.
The Volusia County Traffic Engineering department was contacted to determine the
availability of detailed information regarding recent and planned County roadway
projects. In addition, the cost information compiled for the September 2003 Volusia
County Roadway Impact Fee Update study was examined.
Since the City has no cost data upon which to base an estimate of future construction
costs, this Study relied on cost data from the Volusia County study as well as cost
information from the City of Deltona and other central Florida counties and
municipalities.
The cost information available from the Volusia County study is the most pertinent to the
City of Edgewater since it is based on historic (as far back as 1997) and proposed (as far
forward as 2020) road construction project costs in the immediate area. The Volusia
County construction cost information indicates that the average cost per lane mile for
county road projects is approximately $1,268,000, and the average cost per lane mile for
state road projects is approximately $2,351,000. Of the total lane miles represented,
approximately 62% were county roads, and approximately 38% were state roads.
When these percentages are applied to the total lane miles of county and state roads to
derive a weighted cost for each, the weighted cost per lane mile for county roads is found
to be approximately $786,200 and the weighted cost per lane mile for state roads is found
to be approximately $893,400. Combined, these result in a weighted average cost per lane
mile for all roads of approximately $1,680,000. For comparison, in Lake County the
weighted average cost per lane mile for all roads is approximately $1,703,000.
f 25
1_
These weighted average costs are within 2% of each other, and this close correlation
reinforces the applicability of the Volusia County cost figures as a basis for development
of the City of Edgewater's transportation impact fee.
15. PROPOSED EDGEWATER TRANSPORTATION IMPACT FEES
For several reasons, it would be prudent for the City of Edgewater to adopt an impact fee
schedule based on the weighted average construction cost of $1,680,000 per lane mile.
First, the weighted average cost of building roads in Volusia County should be used in
the impact fee equation without regard for whether the road being built is a municipal,
county or state road. Basing the City's transportation impact fee on construction costs
that do not include county and state roads does not accurately account for the significant
amount of existing and future traffic impact on those roads. In this manner, the
transportation impact fee will be based on historical data that includes municipal, county
and state roads, and accurately reflects the average cost of new road construction without
regard to the ownership of the road.
Second, by using the weighted average cost of all road construction, the City
acknowledges that funds generated by transportation impact fees are insufficient to
completely address the costs of new facilities made necessary by growth, and recognizes
I f
that other additional sources of funds will be required in order to fully finance necessary
transportation network improvements.
Last, by using the weighted average construction cost to calculate the City of
Edgewater's Transportation impact fee, the City will have a clearer ability to use its
impact fee funds to assist with the construction of county or state roads as the City deems
appropriate. If state and county road costs are not included in the impact fee construction
cost component, the City would be susceptible to a court challenge if it wanted to use
transportation impact fee funds on county or state road projects that benefit the City.
1
26
Improvements to state and county roads will become an increasingly higher priority for
the City as growth continues to impact area roads.
For these reasons, it is recommended that the City of Edgewater transportation impact fee
be calculated based on the weighted average construction cost of $1,680,000 per lane
mile.
All of the above factors are taken into account in the calculation of the Proposed City of
Edgewater Transportation Impact Fees as shown in Table 15.1.
27
Table 15.1
PROPOSED CITY OF EDGEWATER TRANSPORTATION IMPACT FEES
(Fee based on weighted average construction cost of $1,680,000 per lane mile)
A F
i
1'
�L
ITE
Code
Use
Unit
Trip
Rate
Trip
Length.
% New
Trips
FEE PER
unit (or)
1,000 s.f.
Residential
210
Single Family
DU
9.21
4.53
100.00
$1,370.00
220
Apartment
DU
6.46
4.77
100.00
$1,012.46
230
Residential Condominium/ Townhouse
DU
5.94
3.45
100.00
$673.83
240
Mobile Home Park
DU
4.86
3.32
100.00
$530.21
310
Hotel
Rooms
8.72
4.78
72.65
$994.75
320
Motel
Rooms
6.28
3.47
77.63
$554.74
620
Nursing Home
Beds
2.65
2.00
88.50
$153.86
Office and Financial
610
Hospital
1,000 sf
15.78
3.92
81.60
$1,659.64
710
Office under 10,000 sf
1,000 sf
19.45
4.18
93.62
$2,499.54
710
Office over 10,000 sf
1,000 sf
12.72
4.04
94.35
$1,593.15
714
Corporate headquarters building
1,000 sf
7.72
3.37
93.00
$793.94
720
Medical Office
1,000 sf
36.48
3.72
87.70
$3,907.73
750
Office Park
1,000 sf
15.01
5.63
82.00
$2,274.51
760
Research Center
1,000 sf
7.11
4.77
87.00
$967.47
770
Business Park
1,000 sf
16.87
4.69
81.80
$2,125.24
911
Bank w /out Drive - through
1,000 sf
153.98
1.71
35.80
$3,092.80
912
Bank w /Drive- through
1,000 sf
291.04
1.83
51.52
$8,995.93
Industrial
110
Light Industry
1,000 sf
6.98
4.68
93.20
$998.83
130
Industrial Park
1,000 sf
8.26
4.99
92.00
$1,244.10
140
Manufacturing
1,000 sf
3.82
4.68
93.60
$548.57
150
Warehouse
1,000 sf
4.95
4.59
92.00
$686.00
151
Mini - Warehouse
1,000 sf
2.52
2.99
93.20
$230.57
Retail
812
Building Materials and Lumber Store
1,000 sf
32.88
4.16
69.80
$3,134.68
816
Hardware /Paint Store
1,000 sf
51.29
6.56
74.00
$8,169.88
820
Retail, less than 10,000 sf
1,000 sf
144.40
1.39
51.25
$3,367.33
820
Retail, 10,000 - 99,999 sf
1,000 sf
73.50
1.47
60.50
$2,149.20
820
Retail, 100,000 - 1,000,000 sf
1,000 sf
27.67
2.17
84.00
$1,654.35
820
Retail, Greater than 1,000,000 sf
1,000 sf
29.18
2.81
86.00
$2,312.90
831
Quality Restaurant
1,000 sf
95.63
2.22
77.80
$5,419.87
832
High- Turnover Restaurant
1,000 sf
148.84
2.11
75.35
$7,770.62
834
Fast Food Restaurant
1,000 sf
1 552.12
1 1.43
58.04
$15,089.85
CBD Sandwich Shop
1,000 sf
19.30
4.05
100.00
$2,569.17
836
Bar / Lounge / Drinking Place
1,000 sf
130.34
3.17
72.00
$9,776.66
Table 15.1 (cont'd)
PROPOSED CITY OF EDGEWATER TRANSPORTATION IMPACT FEES
(Fee based on weighted average construction cost of $1,680,000 per lane mile)
ITE
Code
Use
Unit
Trip
Rate
Trip
Length
% New
Trips
FEE PER
unit (or)
1,000 s.f.
Retail
837
Quick lube
Bays
41,69
2.56
71.13
$2,490.77
840
Auto Care/ Detailing
1,000 sf
35.76
2.39
74.32
$2,084.09
841
New and Used Car Sales
1,000 sf
37.20
3.21
78.80
$3,088.52
847
Car Wash
1,000 sf
129.60
1.66
69.00
$4,867.28
849
Tire Store / Auto Repair
Bas
30.55
2.09
70.70
$1,484.14
850
Su ermarket
1,000 sf
112.18
1.67
53.00
$3,267.69
851
Convenience Store
1,000 sf
755.56
1.02
40.66
$10,305.17
853
Convenience Store w /Gas Pumps
1,000 sf
793.28
1.18
28.63
$8,808.25
Convenience Store w /Gas and Fast
Food
1,000 sf
940,20
1.91
32.67
$19,238.37
862
Home Improvement Store
1,000 sf
38.13
3.09
50.00
$1,934.52
881
Pharmacy/Drugstore w /Drive Through
1,000 sf
89.89
1.74
41.33
$2,116.93
890
Furniture Store
1,000 sf
4.81
4.06
59,12
$379.44
Recreational
General Recreation
Parking
Space
3.02
4.43
95.00
$417.07
411
City Park
Parking
S ace
14.23
2.84
96.67
$1,282.03
412
Major Park
Parking
S ace
2.11
4.05
100.00
$280.88
416
Campground / RV park
Space
3.90
4.55
77.00
$448.20
420
Marina
Slip
2.97
5.77
94.67
$533.33
Major Sports Facility
Parking
Space
2.10 1
3.63
100.00
$250.58
Miscellaneous
444
Movie Theater
Screens
124.48
1.89
82.12
$6,334.22
560
Church
1,000 sf
9.11
2.97
90.00
$799.42
565
Day Care
1,000 sf
75.13
1.55
73.32
$2,800.18
Airport Hanger
1,000 sf
4.96
8.36
92.00
$1,251.97
Veterinary Clinic
1,000 sf
32.80
1.77
70.00
$1,334.52
�_1
16. ESCALATION FACTOR
As right -of -way, construction and other associated costs change over time, the
transportation impact fees established by the City of Edgewater should be examined to
determine whether adjustments to the fees are necessary to keep pace with the overall
cost of road building.
Often, cities address this issue only once every few years, and this can lead to significant
changes in the fee from one year to another. A more uniform approach is to adjust the fee
L
by a small amount each year, thereby reducing the probability of "sticker shock" in any
r = given year. This annual adjustment can be included as part of the implementing ordinance
or a separate resolution, and the transportation impact fees would then be automatically
r adjusted by a certain amount each year. If at any time, the City decides, to change the
adjustment rate, the change can be made via an ordinance revision or a new resolution.
J
Based on recent trends in construction costs and right -of -way costs, it would be
appropriate to set the initial annual adjustment factor at 5 %, and then review the
adjustment factor periodically against then - current land costs as recorded by the Volusia
County Property Appraiser, and Construction Cost Index figures published by the
Engineering News Record.
17. EXEMPTIONS
The City may elect to offer full or partial exemption from transportation impact fees to
developments providing affordable housing, jobs, or other benefits determined
appropriate by the City: This determination will be made on a case -by -case basis, and
r
each such decision will be confirmed by the City Council.
18. CREDITS
The City of Edgewater applies all available fuel tax sharing funds to road maintenance
projects, and this policy is anticipated to continue for the foreseeable future. Because gas
tax funds are not used by the City of Edgewater for capital transportation projects, this
Study does not take into account any gas tax credit in the calculation of the impact fee.
19. DRAFT ORDINANCE
To implement the proposed transportation impact fees, the City of Edgewater will need to
enact a Transportation Impact Fee ordinance. This ordinance will establish the
transportation impact fee fund and will contain language satisfying the other various legal
requirements to allow the City to implement such an impact fee.
The Transportation Impact Fee structure can be contained within the ordinance itself or it
may be established by separate resolution of the City Council. The proposed
Transportation Impact Fee ordinance contained in Appendix II establishes the fee
structure within the body of the ordinance. If the City of Edgewater wishes to establish
the fee structure by separate resolution instead, the ordinance will need to be modified
accordingly.
I`
APPENDIX I
VALIDATION REPORT
T
r�
is
u
i
r
Validation for Port Orange, Edgewater, and New Smyrna
Prepared for:
B & H Consultants, Inc.
522 Whiskey Creek Ct.
Ocoee, Florida 34761
Prepared by:
Leftwich Consulting Engineers, Inc.
12151 Science Drive, Suite 101
Orlando, Florida 32826
August 2, 2004
TABLE OF CONTENTS
LISTOF TABLES ........................................................................................... ...............................
LISTOF FIGURES ......................................................................................... ...............................
1.0 INTRODUCTION ............................................................................... ..........:.................... 1
2.0 TRANSPORTATION MODELING PROCESS ................................. ............................... 3
3.0 TRIP DISTRIBUTION MODEL ......................................................... ............................... 5
4.0 MODE CHOICE MODEL ................................................................... ............................... 6
5.0 HIGHWAY ASSIGNMENT MODEL ................................................ ............................... 8
6.0 MODEL REFINEMENT ..................................................................... ............................... 8
7.0 MODEL VALIDATION SUMMARY ................................................ ............................... 9
LIST OF TABLES
1 Trip Distribution Summary ......................................................................... ............................... 5
2 Auto Occupancy Rates ................................................................................ ............................... 7
3 System -Wide Statistics for the Original CFRPM III .................................. ............................... 8
4 System -Wide Statistics for the Updated CFRPM III .................................. ............................... 9
5 Percent Root Mean Square Error for the Original CFRPM III ................. ............................... 10
6 Percent Root Mean Square Error for the Updated CFRPM III ................. ............................... 10
LIST OF FIGURES
1 Geographic Area Covered by the CFRPM III ............................................ ............................... 2
2 CFRPM III Model Chain ............................................................................ ............................... 4
R
d:
�1
1.0 INTRODUCTION
This report, entitled "Validation for Port Orange, Edgewater, and New Smyrna ", documents the
base year model development and the model validation results. The Central Florida Regional
Planning Model Version 3 ( CFRPM III) was used for this analysis.
1.1 Background of the CFRPM III
The CFRPM III includes the geographic area covered by District Five (Orange, Osceola,
Seminole, Volusia, Brevard, Flagler, Sumter, Lake, and the Northeastern portion of Polk County,
See Figure 1). Also in Figure 1, are the municipalities New Smyrna, Port Orange, and
Edgewater. Version III of the CFRPM includes the year 2000 highway and transit network.
Transit networks are included for LYNX, VOTRAN, Space Coast, and Suntran transit systems.
A truck model is also included for the district for heavy and light trucks.
Validation for Port Orange, Edgewater, and New Smyrna
Leftwich Consulting Engineers, Inc. 1 August 2004
1`
C
I'
G
I'
I
If
(f
1
I
li
Figure I
Geographic Area Covered by the CFRPM III
Validation for Port Orange, Edgewater, and New Smyrna
Leftwich Consulting Engineers, Inc. 2
August 2004
2.0 TRANSPORTATION MODELING PROCESS
The model chain is depicted in Figure 2. Validation for the model was performed using the
Nested Logic Multi -Path Multi - Period Transit process. The modules are:
■ EXT — External Trip Model
■ GEN — Trip Generation Model
■ HNET — Highway Network Building
■ HPATH — Build Highway Paths
■ DISTRIB — Trip Distribution Model
■ TNET — Transit Network Building
■ TPATH — Build Transit Paths
■ MODE — Mode Choice Model
■ TASSIGN — Transit Assignment
■ HASSIGN — Highway and Truck Assignment
■ TEVAL — Evaluate Transit Systems
■ HEVAL — Evaluate Highway Systems
Validation for Port Orange, Edgewater, and New Smyrna
Leftwich Consulting Engineers, Inc. 3 August 2004
EXTERNAL(EXT)
TRIP GENERATION (GEN)
BUILD HIGHWAY
NETWORK (HNET)
BUILD HIGHWAY
PATHS (HPATH)
TRIP DISTRIBUTION
(DISTRIB)
DEFAULT MODE I
CHOICE'
INITIAL HIGHWAY
ASSIGN! I
BUILD TRANSIT
NETWORK (TNET)
BUILD TRANSIT
PATHS (TPATH)
MODE SPLIT (MODE)
FINAL HIGHWAY & TRUCK
ASSIGNMENT (HASSIGN)
TRANSIT ASSIGNMENT
(TASSIGN)
HIGHWAY
EVALUATION (HEVAL)
TRANSIT
EVALUATION (TEVAL)
Note: (1) Used to convert person trips into vehicle trips that are assigned to the highway network in the first highway assignment.
(2) This step is used to estimate congested travel speeds needed by the mode choice model.
Figure 2
CFRPM III Model Chain
validation for Port Orange, Edgewater, and New Smyrna
Leftwich Consulting Engineers, Inc. 4 August 2004
3.0 TRIP DISTRIBUTION MODEL
Trip lengths from each end of the urban areas were reviewed for their ability to interact with a
larger district -wide network.
Table I shows the trip lengths and the trip distribution summary results from the model.
Table 1
Trip Distribution Summary
r
I
i
[i
Trip Purpose
Year
2000
Trips
Average
Trip
Length
Minutes
Home Based Work HBW
1,605,434
22.175
Home Based Shopping HBSH
1,451,084
21.394
Home Based Social /Recreation HBSR
1,018,235
17.181
Home Based Other HBO
2,873,377
17.513
Non -Home Based
3,306,597
16.099
Light Truck Internal - Internal LTII
310,627
15.656
Heavy Truck Internal - Intemal HTII
135,804
14.828
Taxi TAXI
805,914
16.775
External - Internal EI
301,154
39.249
- Airport Tourist (APT-T)
58,452
42.910
Airport Resident APT-R)
16,873
59.586
Airport Extemal- Internal APT -EI
9,634
71.940
Orange County Convention Center Tourist OCCC -T
10,121
31.224
Orange County Convention Center Resident OCCC -R
8,684
56.628
Orange County Convention Center External - Intemal OCCC -EI
10,345
65.618
Universal Orlando Tourist UNI -T
71,945
32.192
Universal Orlando Resident UNI -R
11,751
55.580
Universal Orlando External - Internal UNI -EI
12,154
72.284
Sea World Tourist SEW -T
15,837
30.903
Sea World Resident SEW -R
5,053
57.453
Sea World External - Internal SEW -EI
4,530
69.857
Disney World Tourist DIS -T
205,071
36.691
Disney World Resident DIS -R
13,681
65.607
Disney World External - Internal DIS -EI
10,764
67.066
Kennedy Space Center Tourist KSC-T)
11,487
88.694
Kennedy Space Center Resident (KSC-R)
977
86.477
- Kennedy Space Center Extemal - Intemal KSC -EI
1,222
100.882
Port Canaveral Tourist (PC-T)
11,170
79.484
Port Canaveral Resident PC-R)
3,639
83.857
Port Canaveral External - Internal PC -EI
- 3,765
93.982
Validation for Port Orange, Edgewater, and New Smyrna
Leftwich Consulting Engineers, Inc. 5 August 2004
9'
tr
>La
R
4
s
i
T
i
4.0 MODE CHOICE MODEL
The Mode Choice Model determines the modal splits for the trips in the model. Auto Occupancy
rates determine the number of vehicles in the network. Trip production provides person trips that
are split into auto and transit person trips. Auto person trips are multiplied by the inverse of the
vehicle occupancy by purpose to obtain vehicle trips. The nested logic mode choice model is
used for home -based work and non -work trips. The Auto Occupancy for the special attraction
trips is applied using values derived from the non - residential surveys. These rates were updated
and expanded from the survey data for District Five. The rates used for this model are shown in
Table 2.
validation for Port Orange, Edgewater, and New Smyrna
Leftwich Consulting Engineers, Inc, 6
August 2004
Table 2
Auto Occupancy Rates
Trip Purpose
Auto
Occupancy Factor
Vehicle
Occupanc
Home Based Work
.893
1.12
Home Based Shopping
.666
1.50
Home Based Social Recreational
.613
1.63
Home Based Other
.589
1.70
Non -Home Based
.747
1,34
Airport Tourist
.483
2.07
Airport Resident
.633
1.58
Airport External - Internal
.571
1.75
Universal Orlando Tourist
.569
3.72
Universal Orlando Resident
.318
3.15
Universal Orlando External - Internal
.264
3.79
MGM Studios Tourist
.248
4.04
MGM Studios Resident
.304
3.29
MGM Studios External - Internal
.291
3.44
Animal Kingdom Tourist
.257
3.89
Animal Kingdom Resident
.308
3.25
Animal Kingdom External - Internal
.326
3.07
EPCOT Tourist
.248
4.04
EPCOT Resident
.266
3.76
EPCOT External- Internal
.230
4.35
Magic Kingdom Tourist
.254
3.94
Magic Kingdom Resident
.258
3.87
Magic Kingdom External - Internal
.313
3.19
Orange County Convention Center Tourist
.392
2.55
Orange County Convention Center Resident
.465
2.15
Orange County Convention Center External - Internal
.417
2.40
Sea World Tourist
.310
3.23
Sea World Resident
.344
2.91
Sea World External- Internal
.302
3.31
Typhoon Lagoon Tourist
.256
3.90
Typhoon Lagoon Resident
.352
2.84
Typhoon Lagoon External- Internal
.266
3.76
Pleasure Island/Downtown Disney Tourist
.334
2.99
Pleasure Island/Downtown Disney Resident
.392
2.55
Pleasure Island/Downtown Disney External- Internal
.322
3.11
Blizzard Beach Tourist
.218
4.58
Blizzard Beach Resident
.258
3.87
Blizzard Beach External - Internal
.203
4.92
- Kennedy Space Center Tourist
.263
3.74
Kennedy Space Center Resident
.325
2.89
Kennedy Space Center External- Internal
.250
3.77
Port Canaveral Tourist
.283
2.75
Port Canaveral Resident
.353
2.55
Port Canaveral External - Internal
.337
3.14
Disney Tourist
.219
4.57
Disney Resident
.256
3.91
- Disney External - Internal
.232
4.31
Validation for Port Orange, Edgewater, and New Smyrna
Leftwich Consulting Engineers, Inc. 7 August 2004
The output from the nested logit mode choice program is a series of highway and transit trip
table files which are subsequently used in the highway and transit assignment models.
5.0 HIGHWAY ASSIGNMENT MODEL
The highway assignment model for the CFRPM III assigns four (4) trip purposes onto the
highway network. These purposes are as follows:
■ Low Occupancy Vehicles (LOV)
■ High Occupancy Vehicles (HOV)
■ Light Trucks
■ Heavy Trucks
6.0 MODEL REFINEMENT
The CFRPM III was reviewed for Port Orange, Edgewater, and New Smyrna to help match 2000
year model values to 2000 link count functional class, number of lanes, area type, and centroid
locations were reviewed and changed if needed to better reflect the existing network. Tables 3
and 4 show the system -wide statistics for the Original and Updated Models.
Table 3
System -Wide Statistics for the Original CFRPM III
Statistic
Original CFRPM III
Study Area
Edgewater
Port Orange
New Smyrna
Number of Links
18,620
264
207
226
System Miles
6,602.45
139.72
86.29
87.38
Lane Miles
16,076.79
330.87
217.29
203.16
Directional Miles
11,819.76
245.05
156.93
161.46
VMT Using Miles
30,507,044
278,425
352,973
242,585
VMT Using Counts
30,107,736
284,772
380,042
236,705
VMT V/C
1.01
0.98
0.93
1.02
VHT Using Volumes
971,375
5,711
9,218
5,182
VHT Using Counts
948,888
6,141
10,383
5,270
VHT V/C
1.02
0,93
0.89
0.98
Volumes All Links
246,851,248
2,108,160
2,538,8451
1,956,442
Average Volume
13,257.32
7,985.45
12,264.95
8,656.82
VMT all Links
84,290,936
1,223,107
1,121,976
819,563
VHT All Links
2,671,728
24,795
26,110
17,919
Original Speed MPH
35.521
40.43
36.87
36.28
Congest Speed MPH
3 2.3 81
40.201
36.031
36.01
1
Validation for Port Orange, Edgewater, and New Smyrna
(r Leftwich Consulting Engineers, Inc. 8 August 2004
3�
�r
Table 4
System -Wide Statistics for the Updated CFRPM III
Statistic
Updated CFRPM III
Study Area
Edgewater
Port Orange
New Smyrna
N umber of Links
18,620
264
207
226
System Miles
6,602.45
139.72
86.29
87.38
Lane Miles
16,076.79
330.87
217.29
203.16
Directional Miles
11,819.76
245.05
156.93
161.46
VMT Using Miles
30,566,230
281,932
359,961
246,237
VMT Using Counts
30,104,464
284,772
380,042
235,608
VMT V/C
1.02
0.99
0.95
1.05
VHT Using Volumes
974,245
5,768
9,505
5,245
VHT Using Counts
950,601
6,112
10,353
5,206
VHT V/C
1.02
0.94
0.92
1.01
Volumes All Links
247,527,872
2,114,973
2,536,388
1,945,410
Average Volume
13,293.66
8,011.26
12,253.08
8,608.01
VMT all Links
84,365,336
1,228,428
1,124,633
824,520
VHT All Links
2,682,514
24,832
26,219
17,944
, Original Speed MPH
35.53
40.49
37.12
36.36
Congest S eed MPH)
32.33
40.26
36.24
36.08
The facility types and area types have been updated and reviewed. Centro id-connectors have
been moved to appropriate locations. Counts and loads have been reviewed. Adjustments made
on the overall Percent Root Mean Square Error (% RMSE) on areas were statistically better.
Therefore, this model is ready for future model runs.
7.0 MODEL VALIDATION SUMMARY
One key factor used in determining whether a model is validated or not is how close the model
volume replicates the actual count. The % RMSE is a statistical analysis that is utilized to
determine the accuracy of the model volume to the actual count. The lower the error percentage
the better the model. Tables 5 and 6 show the Original and Updated model runs for the Port
Orange, Edgewater, and New Smyrna areas.
Validation for Port Orange, Edgewater, and New Smyrna
Leftwich Consulting Engineers, Inc. 9 August 2004
Table 5
Percent Root Mean Square Error for the Original CFRPM III
Count Range
Study Area
Edgewater
Port Orange
New
Smyrna
Minimum
Acceptable
Range'
0- 5000
53,265
49.973
40.687
48.482
45 - 55
5000- 10000
38.551
18.6451
34.794
18.583
35 - 45
10000- 20000
24.830
13.413
26.513
12.414
27 - 35
20060- 30000
19.736
0.000
24.295
0.000
24 - 27
30000- 40000
15.118
0.000
0.000
0.000
22 24
40000- 50000
21.334
0.000
0.000
0,000
20 - 22
50000- 60000
13.106
0.0001
0.000
0.000
18 - 20
60000- 70000
12.858
0.0001
0.000
0.000
17 - 18
70000- 80000
10.197
0.0001
0.000
0.000
16 - 17
80000- 90000
9.113
0.000
0.000
0.000
15 - 16
90000 - 100000
11.790
0.000
0.000
0.000
14 - 15
100000 - 400000
0.000
0.000
0.000
0.000
0 - 14
0-400000
30.832
23.291
33.416
24.913
32 - 39
(l) This is the minimum acceptable range for the %RMSE values. Values less than this
for a given range indicate an even better validation result.
Table 6
Percent Root Mean Square Error for the Updated CFRPM III
Count Range
Study Area
Edgewater
Port Orange
New
Smyrna
Minimum
Acceptable
Range'
0- 5000
53,346
46.761
38.526
48.439
45 - 55
5000- 10000
38.140
15.380
27.052
14.056
35 - 45
10000- 20000
24.956
14.7301
22.837
13.616
27 - 35
20000- 30000
20.207
0.0001
25.157
0.000
24 - 27
30000- 40000
15.818
0.000
0.000
0.000
22 - 24
40000- 50000
21.382
0.000
0.0001
0.000
20 - 22
50000- 60000
12.997
0.000
0.000
0.000
18 - 20
60000- 70000
11.427
0.000
0.000
0.000
17 - 18
70000- 80000
8.254
0.000
0.000
0.000
16 - 17
80000- 90000
7.155
0.000
0.000
0.000
15 - 16
90000-100000
16.120
0.000
0.000
0.000
14 - 15
100000 - 400000
0.000
0.000
0.000
0.000
0 - 14
0-400000
30.861
22.425
28.264
24.387
32 - 39
(2) This is the minimum acceptable range for the % RMSE values. Values less than this for
a given range indicate an even better validation result.
Validation for Port Orange, Edgewater, and New Smyrna
Leftwich Consulting Engineers, Inc. 10 August 2004
As can be seen from Table 6, the % RMSE is better each of the urban areas. The % RMSE in the
original CFRPM III for Edgewater, Port Orange, and New Smyrna was 23.291, 33.416, 24.913,
respectively. In the updated CFRPM III in Edgewater, Port Orange, and New Smyrna, the %
RMSE was 22.425, 28.264, 24.387, respectively. Therefore, the change made to the highway
system helped the model results. This model is ready to provide future projection in the urban
areas.
Validation for Port Orange, Edgewater, and New Smyrna
Leftwich Consulting Engineers, Inc. I 1 August 2004
APPENDIX II
DRAFT ORDINANCE
P
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f T
ARTICLE 1. TRANSPORTATION IMPACT FEE
Sec. 1 -80. Short title; statutory authority; applicability of article
(a) This article shall be known and may be cited as the City of Edgewater Road Impact
Fee Ordinance.
(b) The planning for new and expanded roads needed to serve new growth and
development that generate additional traffic and the implementation of these needs
through the comprehensive planning process are the responsibility of the city under F.S. §
163.3161 et seq., F.S. ch. 166, and various special acts relating to the power of the city
undertaking zoning, planning and development activities, and is in the best interest of the
health, safety and welfare of the citizens of the city. This article is adopted pursuant to
F.S. ch. 166, and the City Charter.
(c) Applicability. This article shall apply throughout the City of Edgewater.
Sec. 1 -90. Purpose and intent
(1) The purpose of this article is to enable the city to allow growth and development to
proceed in compliance with the adopted comprehensive plan and to regulate growth and
development so as to require it to share in the burdens of growth by paying its pro rata
share for the reasonably anticipated costs of.needed roadway improvements.
(2) This article is intended to implement and be consistent with the city's Comprehensive
Plan.
(3) It is not the purpose of this article to collect fees from growth and development in
excess of the cost of the reasonably anticipated improvements to the road network needed
to serve the new growth and development. It is specifically acknowledged that this article
has approached the problem of determining the road impact fee in a conservative and
reasonable manner. This article will only partially recoup the governmental expenditures
associated with growth. Existing development will still be required to pay a fair share of
the cost of needed improvements to the road network.
Sec. 1 -100. Definitions and rules of construction
(a) For the purposes of administration and enforcement of this article, unless otherwise
stated in this article, the following rules of construction shall apply to the text of this
article:
(1) In case of any difference of meaning or implication between the text of this article and
any caption, illustration, summary table or illustrative table, the text shall control.
(2) The word "shall" is always mandatory and not discretionary; the word "may" is
permissive.
(3) Words used in the present tense shall include the future; and words in the singular
number shall include the plural, and the plural the singular, unless the context clearly
indicates the contrary.
(4) The phrase "used for" includes "arranged for," "designed for," "maintained for" or
"occupied for."
(5) The word "person" includes an individual, a corporation, a partnership, a
governmental entity or agency; an incorporated association or any other similar entity.
(6) The word "includes" shall not limit a term to the specific example but is intended to
extend its meaning to all other instances or circumstances of a like kind or character.
(7) Any road right -of -way used to define transportation impact fee zone boundaries may
be considered to be within any zone it bounds for purposes of using these funds.
(8) The land use types listed shall have the same meaning as under the Zoning Ordinance
of the city, Ordinance No.k ..,
����' �,�;� r1�E, Edgewater, Florida, Code of Ordinances.
(b) The following words, terms and phrases, when used in this article, shall have the
meanings ascribed to them in this section, except where the context clearly indicates a
different meaning.
Accessory use means any use or attached or detached structure clearly incidental,
E subordinate and related to the principal use or structure and located on the same lot with
i.
such principal use or structure.
Apartment means a rental dwelling unit that is located within the same building with at
least two other dwelling units. Sites included in this land use are triplexes and all types of
apartment buildings. The apartments in this land use include both low -rise or "walk -up"
dwellings and high -rise.
Applicant means any person applying for or who has been granted a permit to proceed
with a project.
Average trip length means the average length in miles of external trips.
Building means any structure with an impervious roof built for the support, shelter or
enclosure of persons, animals, chattels or property of any kind, which has enclosing walls
for 50 percent or more of its perimeter. The term "building" shall be construed as if
followed by the words "or part thereof."
Building area means the area included within surrounding exterior walls, or exterior
walls and fire walls.
Building permit means the documentation required by the municipal building code
authorizing construction or alteration of any building.
Capacity means the maximum number of vehicles for a given time period which a road
can safely and efficiently carry; usually expressed in terms of vehicles per day.
Capital improvement includes transportation planning, preliminary engineering,
engineering studies, design and construction plan preparation, land surveys, right -of -way
acquisition, engineering, permitting and construction of all the necessary features for any
road construction project including, but not limited to:
(1) Construction of new through lanes.
(2) Construction of new turn lanes.
(3) Construction of new bridges.
r
1<
(4) Construction of new drainage facilities and utilities in conjunction with new roadway
construction.
(5) Purchase and installation of traffic signalization (including new signalization and
upgrading signalization).
t (6) Construction of curbs, medians, shoulders, sidewalks and bike paths.
(7) Relocating utilities to accommodate new roadway construction.
Certificate of occupancy means the official document or permit issued by the city
y evidencing the completion of construction of a building in accordance with all applicable
codes and its legal entitlement to permanent occupancy and use.
Collecting agency means the local governmental authority having jurisdiction to
1 = authorize the making of any material change of any structure, including the construction,
enlargement, alteration or repair of buildings, or the local governmental authority having
jurisdiction to authorize rezoning or special exceptions that make material changes in the
use or appearance of land without making material changes of any structures on the land.
r Dwelling means one or more rooms in a building forming a separate and independent
housekeeping establishment, arranged, designed or intended to be used or occupied by
one family, and having no enclosed space or cooking or sanitary facilities in common
with any other dwelling unit with no ingress or egress through any other dwelling unit,
and containing permanent provisions for sleeping facilities, sanitary facilities and not
more than one kitchen facility.
Dwelling, manufactured means a dwelling fabricated in a manufacturing facility and
bearing seal certifying it is constructed to standards as adopted g N g p under the authority of
F.S. § 553.35 et seq. and rules adopted by the Florida Department of Community Affairs
under Chapter 9B -1 et seq., Florida Administrative Code.
Dwelling, mobile home means a single - family dwelling fabricated in a manufacturing
T facility, having a width of more than 8 1/2 feet and a length of more than 40 feet, and
bearing a seal certifying it is constructed either to the Federal Manufactured Housing
Construction and Safety Standards Code or to obsolete ANSI 119.1 Mobile Home Design
( and Construction Standards.
Dwelling, single-family means a building containing only one dwelling. This term
includes a manufactured or mobile home dwelling.
Expansion. Expansion of the capacity of a road applies to all road and intersection
capacity enhancements and includes extensions, widening, intersection improvements,
upgrading signalization and improving pavement conditions.
External trip means and refers to any trip that has either its origin or destination at the
development site and that impacts the major road network.
Ll Fee payer means any person or entity who pays a transportation impact fee or his/her
successor in interest with the right or entitlement to any refund of previously paid
development impact fees which is required by this article and which has been expressly
transferred or assigned to the successor in interest. In the absence of an express transfer
or assignment or entitlement to any refund or previously paid development impact fees,
the right or entitlement shall be deemed "not to run with the land."
1
Frontage road and marginal- access road mean a minor street which parallels and is
adjacent to an arterial, thoroughfare or state road, and which provides access to abutting
properties and protection from through traffic.
Hotel means a place of lodging that provides sleeping accommodations, restaurants,
cocktail lounges, meeting and banquet rooms or convention facilities, and other retail and
service shops. Some of the sites included in this land use category are actually large
motels providing the facilities of a hotel.
Land development activity generating traffic means the carrying out of any building
activity or the making of any material change in the use or appearance of any structure or
land that attracts or produces vehicular trips over and above that produced by the existing
use of the land.
Lot means an area of land which abuts a street and which either complies with or is
exempt from the City Subdivision Regulations and is sufficient in size to meet the
minimum area and width requirements for its classification.
Major sports facility means a stadium or racetrack for major sports events with a
r permanent seating capacity of at least 5,000 spectators. Further, a major sports facility is
characterized by infrequent use such that there are no more than 30 days of use per year
where the facility is at, or above, ten percent occupancy. Actual fee for this land use
category, provided it meets the definition, is based on the rate of frequency of use
b (greater than ten percent occupancy) on an annual basis.
Mobile home park means an area of land under one ownership where designated spaces
for mobile home dwellings are rented. The overall operation is managed on a full- or
part-time basis and provides various services and facilities for common use.
Motel means a place of lodging that provides sleeping accommodations and often a
restaurant. Motels generally offer free on -site parking and provide little or no meeting
space.
Multiple family dwelling means a building containing three or more dwellings intended to
be occupied primarily by permanent residents.
Off -site improvements means road improvements, other than those referenced in the
definition of site - related improvements, located outside of the boundaries of the parcel
proposed for development, which are required to serve the development's external trips.
Percent of new trips means the number of new trips generated by the land development
activity.
Site - related improvements means capital improvements and right -of -way dedications for
direct access improvements to the development in question. Direct access improvements
includes, but not limited to, the following:
(1) Site driveways and roads;
(2) Right- and left -turn lanes leading to those driveways and roads;
(3) Traffic control measures for those driveways and roads;
(4) Acceleration/deceleration lanes;
(5) Frontage roads;
{ T
(6) Median openings /closings; and
(7) Roads necessary to provide direct access to the development.
Square foot, for the purpose of the fee schedule, subsection 1- 104(f)(1), means total
square footage of a building area, excluding overhangs.
Thoroughfare system means any roadway that has been designated as either an arterial or
collector in the Transportation Element of the city's Comprehensive Plan.
1 ° Thoroughfare system plan means the thoroughfare plan as set out and included in the
b Comprehensive Plan.
Traffic generation statement means a documentation of proposed trip generation rates
submitted prior to and as a part of a traffic impact analysis. This documentation shall
include actual traffic generation information from a representative sampling of existing
similar developments.
Transportation impact fee and fee mean the fee required to be paid in accordance with
this article.
Trip means a one -way movement of vehicular travel from an origin (one trip end) to a
destination (the other trip end).
Sec. 1 -101. Interpretation of article; enforcement; penalty
(a) Interpretation. The provisions of this article shall be liberally construed to effectively
carry out its purposes in the interest of public health, safety, welfare and convenience.
(b) Methods of enforcement. The city shall withhold any certificate of occupancy or any
► final inspection approval for construction applicable to this article until the required fee
has been paid.
(c) Penalty. A violation of this article shall be punishable according to applicable
municipal codes.
(d) Building permits not to be issued to persons failing to pay fee. No building permit
shall be issued by the municipality to any person who, while required by this article to
pay a transportation impact fee, has failed to pay such fee.
Sec. 1 -102. Conflicting provisions
(a) Effect on conflicting regulations. If any provision of this article is in conflict with a
provision of any other municipal ordinance, resolution or regulation, then this article shall
prevail to the extent of such conflict.
(b) Repeal of conflicting regulations. All ordinances or parts of ordinances, and
y resolutions or parts of resolutions, in conflict with this article are hereby repealed, to the
extent of said conflict.
Sec. 1 -103. Reserved
1<1
Sec. 1 -104. Imposition of fee
(a) Applicability of fee.
(1) Any person who makes or causes the making of an improvement to land which will
generate additional traffic and which requires the issuance of a building permit, or any
person who changes the use of any building to one which will generate additional traffic,
shall be required to pay a transportation impact fee in the manner and amount set forth in
this section.
(2) No person shall undertake construction of an improvement for which the fee imposed
by this article is applicable without having paid the proper transportation impact fee
imposed by this article. No person shall change the use or allow a change in use of any
building where the fee imposed by this article is applicable without having paid the
proper transportation impact fee imposed by this article.
(b) Payment of fee required prior to issuance of certificate of occupancy, occupational
license or use permit. No county or municipal certificate of occupancy, occupational
license or use permit for which a complete application is submitted after;I?,
for any activity requiring payment of an impact fee pursuant to this article shall be issued
unless and until the transportation impact fee required by this article has been paid. The
obligation of a person to pay the fee imposed by this article shall not be extinguished by
the inadvertent failure of the city to collect the fee at the time required.
(c) Methods of determination. The transportation impact fee for any development activity
generating traffic in the city shall be determined either by using the fee schedule set forth
in subsection (0(1) of this section , or by using the method set forth in section 1 -104.
(d) Presumption of maximum impact. Development is presumed to have the maximum
impact on the road network. The proposed development activity for which an application
for a building permit has been filed shall be presumed by the city engineer or his designee
to generate the maximum number of average daily vehicle trips, vehicle miles of travel
and lane miles of travel.
(e) Transportation impact fee formula. The following formula shall be used to determine
the impact fee per unit of development:
Impact Fee = (1/2) *( TGR ) *( %NT) *(DF) *(ATL) *(CC /LM)(WCL
Where:
TGR = trip generation rate assigned to each land use
NT = new trips generated by the land use
DF = distribution factor of trips utilizing the thoroughfare network
ATL = average trip length utilizing the thoroughfare network
CC = average road construction cost
LM = lane miles
WCL = weighted capacity per lane mile
(f) Fee schedule. The following fee schedule has been prepared based upon the formula
► presented in subsection (e) of this section using in part the roadway impact fee update,
1
1
r
dated September 25, 2003 prepared for Volusia County by TEI Engineers and Planners,
and the Transportation Impact Fee Study dated August 2004 prepared for the City of
Edgewater by B &H Consultants, Inc.
[C
(1) The transportation impact fee schedule is as follows:
ITE
Code
Use
Unit
Trip
Rate
Trip
Length
% New
Trips
FEE PER
unit (or)
1,000 s.f.
Residential
210
Single Family
DU
9.21
4.53
100.00
$1,370.00
220
Apartment
DU
6.46
4.77
100.00
$1,012.46
230
Residential Condominium/ Townhouse
DU
5.94
3.45
100.00
$673.83
240
Mobile Home Park
DU
4.86
3.32
100.00
$530.21
310
Hotel
Rooms
8.72
4. 78
72.65
$994.75
320
Motel
Rooms
6.28
3.47
77.63
$554.74
620
Nursing Home
Beds
2.65
2.00
88.50
$153.86
Office and Financial
610
Hospital
1,000 sf
15.78
3.92
81.60
$1,659.64
710
Office under 10,000 sf
1,000 sf
19.45
4.18
93.62
$2,499.54
710
Office over 10,000 sf
1,000 sf
12.72
4.04
94.35
$1,593.15
714
Corporate head uarters building
1,000 sf
7.72
3.37
93.00
$793.94
720
Medical Office
1,000 sf
36.48
3.72
87.70
$3,907.73
750
Office Park
1,000 sf
15.01
5.63
82,00
$2,274.51
760
Research Center
1,000 sf
7.11
4.77
87.00
$967.47
770
Business Park
1,000 sf
16.87
4.69
81.80
$2,125.24
911
Bank w /out Drive-through
1,000 sf
153.98
1.71
35.80
$3,092.80
912
Bank w /Drive -through
1,000 sf
291.04
1.83
51.52
$8,995.93
Industrial
110
Li ht Industry
1,000 sf
6.98
4.68
93.20 1
$998.83
130
Industrial Park
1,000 sf
8.26
4.99
92.00
$1,244.10
140
Manufacturing
1,000 sf
3.82
4.68
93.60
$548.57
150
Warehouse
1,000 sf
4.95
4.59
92.00
$686.00
151
Mini - Warehouse
1,000 sf
2.52
2.99
93.20
$230.57
Retail
812
Building Materials and Lumber Store
1,000 sf
32.88
4.16
69.80
$3,134.68
816
Hardware/Paint Store
1,000 sf
51.29
6.56
74.00
$8,169.88
820
Retail, less than 10,000 sf
1,000 sf
144.40
1.39
51.25
$3,367.33
820
Retail, 10,000 - 99,999 sf
1,000 sf
73.50
1.47
60.50
$2,149.20
820
Retail, 100,000 - 1,000,000 sf
1,000 sf
27.67
2.17
84.00
$1,654.35
820
Retail, Greater than 1,000,000 sf
1,000 sf
29.18
2.81
86.00
$2,312.90
831
Quality Restaurant
1,000 sf
95.63
2.22
77.80
$5,419.87
832
High-Turnover Restaurant
1,000 sf
148.84
2.11
75.35
$7,770.62
834
Fast Food Restaurant
1,000 sf
552.12
1.43
58.04
$15,089.85
CBD Sandwich Shop
1,000 sf
19.30
4.05
100.00
$2,569.17
836
Bar / Lounge / Drinking Place
1,000 sf
130.34
3.17
72.00
$9,776.66
837
Quick lube
Bas
41.69
2.56
71.13
$2,490.77
1f
.L
840
Auto Care/ Detailing
1,000 sf
35.76
2.39
74.32
$2,084.09
841
New and Used Car Sales
1,000 sf
37.20
3.21
78.80
$3,088.52
847
Car Wash
1,000 sf
129.60
1.66
69.00
$4,867.28
849
Tire Store / Auto Repair
Bas
30.55
2.09
70.70
$1,484.14
850
Supermarket
1,000 sf
112.18
1.67
53.00
1 $3,267.69
851
Convenience Store
1,000 sf
755.56
1.02
40.66
$10,305,17
853
Convenience Store w /Gas Pumps
1,000 sf
793.28
1.18
28.63
$8,808.25
Convenience Store w /Gas and Fast
Food
1,000 sf
940.20
1.91
32.67
$19,238.37
862
Home Improvement Store
1,000 sf
38.13
3.09
50.00
$1,934.52
881
Pharmacy/Drugstore w /Drive Through
1,000 sf
89.89
1.74
1 41.33
$2,116.93
890
Furniture Store
1,000 sf
4.81
4.06
59.12
$379.44
Recreational
General Recreation
Parking
Space
3.02
4.43
95.00
$417.07
411
City Park
Parking
Space
14.23
2.84
96.67
$1,282.03
412 1
Major Park
Parking
Space
2.11
4.05
100.00
$280.88
416
Campground / RV park
- space
3.90
4.55
77.00
$448.20
420
Marina
slip
2.97
5.77
94.67
$533.33
Major Sports Facility
Parking
Space
2.10
3.63
100.00
$250.58
Miscellaneous
444
Movie Theater
Screens
124.48
1.89
82.12
$6,334,22
560
Church
1,000 sf
9.11
2.97
90.00
$799.42
565
Day Care
1,000 sf
75.13
1.55
73.32
$2,800.18
Airport Hanger
1,000 sf
4.96
8.36
92.00
$1,251.97
Veterinary Clinic
1,000 sf
32.80
1.77
70.00
$1,334:52
I (2) Credits for completed and accepted non - site - related improvements shall be
determined for each application, and shall be deducted from the transportation impact
fees listed in the transportation road impact fee schedule, at the time transportation
impact fees are to be paid. The value of non - site - related improvements for which credits
may be allowed shall be determined by the director of development services.
(3) Credits for the present value of future gas or motor fuel tax payments utilized to fund
i
capacity expansion of the thoroughfare road systems are included in the calculations of
the fee schedule set out in this section.
(4) The fees charged for a building with more than one use shall be for that use having
the highest traffic generation rate except for church buildings with mixed uses or
buildings with residential and non - residential mixed uses. If the church building has more
than one use, the separate uses are to be identified and appropriately charged according to
the fee schedule. If a building has residential and non - residential uses, the square footage
of the building identified as residential will be charged based on the number of dwelling
units, and then, the square footage identified as non - residential shall be charged for that
use having the highest traffic generation rate.
.i
(5) If the type of development activity for which a building permit is applied is not
specified on the fee schedule set out in this section, the city shall use the fee applicable to
the most nearly comparable type of land use on the fee schedule. The city shall be guided
in the selection of a comparable type by the report titled "Institute of Transportation
Engineers, Trip Generation: An Information Report" (sixth or any subsequent editions). If
the city determines that there is no comparable type of land use on the fee schedule set
out in this section, then the fee shall be determined by using traffic generation statistics
contained in the report titled "Institute of Transportation Engineers, Trip Generation: An
Information Report" (sixty -sixth or any subsequent edition), average trip length and
percent of new trips based upon the best data available to the city and by applying the
formula set forth in subsection (e) of this section.
(6) In the case of an expansion of an existing use on the same lot or an adjoining lot
(which may be intersected by an easement or right -of -way) requiring the' issuance of a
building permit, the impact fee shall be based upon the net increase in the impact fee for
the new as compared to the previous use. Provided, however, the impact fee shall be
reduced by 50 percent from the amount of the fee that would otherwise be due and
payable for an expansion to an existing use. The city shall be guided in this determination
by the report titled "Institute of Transportation Engineers, Trip Generation: An
Information Report" (sixth or any subsequent edition).
(7) In the event the impact fee rate for a particular land use is changed subsequent to the
issuance of a building permit and before the issuance of a certificate of occupancy, the
impact fee shall be the amount in effect on the date payment is received. Provided
further, that an initial application for a site plan development order has been filed with the
relevant local government on or beforeI and pro that the project
developer has applied for a building permit on or FS', a project shall
not be subject to the transportation impact fee In the event the actions of other agencies
preclude applying for a building permit by W.SFI Y) L ,the developer may present
evidence to the city commission that the building permit application has been delayed
through no fault of its own.
(8) The transportation impact fee on a shopping center shall be computed using one
retail - commercial rate for all stores except the out - parcels, which shall be calculated
j using the rate for that land use from the transportation impact fee schedule.
I (9) If an affidavit is filed by the owner of real property with the county or municipality
certifying that a farm building on a farm is exempt from issuance of a building permit
under Florida law, then the building shall also be exempt from impact fee charges.
(10) Road construction and right -of -way credits issued by the city can be transferred
between lots with identical land uses.
tt Sec. 1 -104.1 Independent calculation
F (1). Any person may determine their transportation impact fee by providing independent
traffic documentation that their impact on the thoroughfare system is less than the
transportation impact fee as determined under subsection (f)(1) of section 1 -104. The
documentation submitted shall show the basis upon which the transportation impact fee
has been calculated, which shall conform to the following factors:
i. The trip generation rate, trip length and the percent of new trips shall be documented
together. In no event shall they be documented separately. All other variables in the
transportation impact fee formula cannot be altered, but shall be based upon data current
at the time this fee shall be due. Petitioners requesting to undertake an independent
calculation may substitute the trip generation rate and the percent of new trips and trip
length in the transportation impact fee formula with data obtained from approved traffic
surveys and actual traffic counts generated by approved traffic study sites.
ii. The unit of measure used for trip generation in the independent calculation must be
d.
identical to the one used in the transportation impact fee formula, in order to measure
accurately the project's impact on the thoroughfare system.
iii. If a single business or shopping center is studied, at least two sites within the City of
Edgewater must be tested. The results of each site must be added together and averaged
to obtain an alternative trip generation rate, trip length and percent of new trips. The
results can be substituted in the transportation impact fee formula. If the study results
indicate a lower fee, the charges will be adjusted accordingly.
iv. If no suitable alternative site is available as determined by the city staff, the applicant
may pay the transportation impact fee, and employ a licensed engineer to conduct a
traffic study on the project site within six months after the enterprise is open for business.
The traffic study timeframe and monitoring points must be approved by the city staff.
Only the trip generation rate, trip length and the percent of new trips can be used in the
analysis. Once the results of each sampling point are added together and averaged they
may be substituted in the transportation impact fee formula. The results will be used to
determine an appropriate impact fee. If the traffic study results indicate a lower fee and
accepted by the city staff, the difference will be refunded to the applicant. All refunds are
subject to section 1 -107. This documentation shall be prepared and presented by licensed
engineers. Specific actions such as the number of manual or automated counts, number of
personal surveys, location of the sampling stations and the layout of the study sites will
be negotiated by the applicant and city staff.
Sec. 1 -105. Payment
(a) Time of payment; lien.
(1) The person applying for the issuance of a building permit shall pay the transportation
impact fee prior to the issuance of a certificate of occupancy, or the occupancy of the
building. The city shall issue an impact fee statement to the applicant for a building
permit. Such impact fee statement shall set forth the amount of the impact fee due.
The obligation for payment of the impact fee shall run with the land. However, this
section shall not be construed to relieve an applicant of responsibility or liability for
payment of the impact fees imposed by this article.
In the event the impact fee is not paid prior to the issuance of a certificate of occupancy
for the affected impact construction, the city may collect the impact fee, together with
interest, as provided in section 1- 105(d).
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If no building permit is required upon a change of use of a building, the fee imposed by
this article shall be payable at such time as the person making such change shall be
required to apply for an occupational license.
(2) All fees due under this article shall become a lien at the time of the issuance of the
building permit or in the case of a change of use on the issuance of an occupational
license, as the case may be, such fees shall be due, and shall remain a lien, coequal with
1 . the lien of all state, district, county and municipal taxes, superior in dignity to all other
liens, titles and claims, until paid. Such lien shall be upon the land on which an
improvement is made requiring the payment of fees and shall be for the amount of the fee
required, as well as for all penalties and interest due under the provisions of this article.
(b) Method of payment. Payment of transportation impact fees shall be made to the City
of Edgewater.
f (c) Disposition of funds. All funds collected shall be promptly transferred for deposit into
a transportation impact fee trust fund and used solely for the purposes specified in this
article.
(d) Interest and administrative; penalty.
(1) Interest at the rate set by law for judgments shall be due on all fees due under this
article from the time such fee was due according to the terms of subsection (a) of this
section. The inclusion in this article of provisions concerning interest due shall be
deemed to be cumulative of the city's rights already existing as a matter of law to
prejudgment interest upon sums which are certain and due and payable at a specific time.
Accordingly, the requirement for the payment of interest shall be deemed to apply
retroactively to all fees which have previously become due under the terms of this article;
and nothing in this article shall be construed in derogation of such right otherwise
existing at law.
(2) There shall be due and payable to the city an administrative penalty of five percent
per month to a maximum of 25 percent of all fees unpaid at the time they were due
according to the terms of this article. Such administrative penalty shall accrue monthly on
the anniversary of the date when such fee should have been paid. In the case of fees
previously due under the terms of this article, such penalty shall accrue at the rate of five
percent per month to a maximum of 25 percent with the first monthly penalty accruing
one month following the effective date of the ordinance from which this subsection (e) is
derived.
The city attorney or a duly authorized representative may execute, serve upon the owner
by certified mail and record a notice of nonpayment in the official records of the county,
which shall contain the legal description of the property and the amount of the impact fee
liability. Said notice shall thereupon operate as a lien against such property for the
amount of the impact fee, together with interest, penalties, and the costs and fees for
collection, coequal with the lien of all state, county, district and municipal taxes.
See. 1 -106. Trust funds; use of funds
(a) Trust funds. There are hereby established a separate transportation impact fee trust
j fund. Subsequent to the adoption of the ordinance from which this article is derived,
should any parcel or area of land located within a zone be annexed into the city, the
boundaries shall be deemed amended as of the date of annexation so as to include the
land annexed within the zone of such municipality. Such amendment of zones shall be for
the purposes of this article only and shall not affect any prior payment of fees or
expenditure of funds attributable to the annexed property.
(b) Use of funds; administrative fee.
(1) Funds collected from transportation impact fees shall be used for the purpose of
capital. improvements to and expansion of transportation facilities associated with the
thoroughfare system plan. Such improvements shall be of the type made necessary by
new development. Final determination of projects to be funded using transportation
impact fee revenues shall be made by the city council.
(2) No funds shall be used for periodic or routine maintenance as defined in F.S. §
334.03.
(3) Except as provided in subsection (5) of this subsection, funds shall be used
exclusively for capital improvements or expansion within the municipal boundaries.
Funds shall be deemed expended in the order in which they are collected.
(4) The city shall, each fiscal year, prepare a preliminary capital improvement road
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program to be funded from each transportation impact fee trust fund.
(5) The city shall be entitled to retain an amount not to exceed five percent of all impact
fee funds it collects as an administrative fee to offset the actual administrative costs
associated with the collection of the funds and administering this article.
I Sec. 1 -107. Refunds
If it is determined by the city that fee assessments collected pursuant to this article have
not been spent or encumbered or expended by the end of the calendar quarter
immediately following ten years from the date the fee was received, or if the
development for which the fees were paid was never begun, then such funds shall be
eligible for refund to the then - present owner in accordance with the following
1 procedures:
(1) The then - present owner must petition the city council for the refund within one year
following the end of the calendar quarter immediately following nine years from the date
on which the fee was received by the city.
(2) The petition must be submitted to the city and must contain:
j a. A notarized sworn statement that the petitioner is the current owner of the property;
b. A copy of the dated receipt issued for payment of the fee;
c. A certified copy of the latest recorded deed;
d. A copy of the most recent ad valorem tax bill; and
r e. Such other information which may be reasonably necessary to ascertain current
ownership of the property.
r (3) Within 60 days from the date of receipt of a petition for refund, the city shall advise
the petitioner of the status of the fee requested for refund. For the purpose of determining
f
whether fees have been spent or encumbered, the first money placed in a trust fund
account shall be deemed to be the first money taken out of that account when
withdrawals have been made.
(4) When the money requested is still in the trust fund account and has not been spent or
encumbered by the end of the calendar quarter immediately following ten years from the
date the fees were paid, the money shall be returned.
Sec. 1 -108. Exemptions and credits
(a) Exemptions. The following activities shall be exempted from payment of the
transportation impact fee:
(1) All land development activities which have received a building permit prior to the
effective date of the ordinance from which this article is derived, except as provided for
in other sections of this article.
(2) Alterations or expansions of an existing building where no additional units are
created, and where no additional vehicular trips will be produced over and above that
produced by the existing use.
(3) The construction of an accessory building which will not produce additional vehicular
trips over and above that which is produced by the principal building or use of the land.
y (4) The replacement of a building with a new building, provided that no additional trips
T will be produced over and above those produced by the original use of the land.
(5) City -owned and city- operated buildings, structures or uses used solely for general
governmental purposes.
(b) Credits.
(1) No credit shall be given for site - related improvements, except as provided for in
subsection (2) of this subsection (b).
LI (2) All roadway improvements and/or right -of -way dedications required under a city
development order or approval which are included within the roads contemplated in
section 1- 106(b)(1), except for those improvements deemed site - related, shall be credited
against transportation road impact fees. In addition, any person who constructs or
contributes land, money or services for any road improvements (whether site - related or
not) contemplated in section 1- 106(b)(1) which are included within the most recently
adopted five -year work program shall be entitled to credits against transportation impact
fees imposed pursuant to this article in accordance with subsection (3) of this subsection
(b)•
(3) Credits shall apply to the person making the contribution. Such person shall have the
right to transfer all or a portion of the available credits. Any transfers of this type which
t occur shall be filed with growth management services group at the time of or prior to the
approval of a development order on a form provided by the city. The costs utilized in
computing credits shall be reasonable, but not to exceed the actual, costs of the
improvements constructed or contributed. The person seeking determination of the credit
shall present cost estimates and property appraisals prepared by qualified professionals to
be utilized by the public works department and development services department in
determining the amount of credits. The city retains the right to prepare its own cost
estimate for its use in determining the credit allowed by this subsection.
Sec. 1 -109. Periodic review
(a) This article shall be reviewed by the city council no less than once every four years.
(b) The components of the transportation road impact fee formula shall be reviewed by
the city commission no less than once every four years.
(c) Failure of the city to undertake such a review shall result in the continued use and
application of the existing fee schedule and other data.
Sec. 1 -110. Administrative review; procedures
(a) A fee payer shall have the right of administrative review of any decision relating to:
(1) A determination that a development activity is required to pay an impact fee under
this article;
(2) A determination of the amount of the impact fee; or
(3) A determination regarding the amount or application of a credit to be applied against
the impact fee.
The administrative review shall be in the form of an administrative review de novo of the
decision.
(b) Except as otherwise provided in this article, the administrative review must be
requested by the fee payer within 45 calendar days (including Sundays and legal
holidays) from the date of issuance of the impact fee statement or the date of the decision
sought to be reviewed, whichever shall last occur. Failure to request administrative
review within the time provided in this subsection will be deemed a waiver of that right.
(c) A written request for administrative review must be filed with City Manager. The
request shall contain the following:
(1) The name and address of the fee payer;
(2) The telephone number at which the fee payer may be reached during daytime hours;
(3) The legal description of the property in question;
(4) If issued, the date the building permit/impact fee statement was issued and the
building permit/impact fee statement number;
(5) If paid, the impact fee receipt number and date of payment;
(6) A brief description of the nature of the land development activity to be undertaken
pursuant to the building permit /impact fee statement; and
(7) A statement of the reasons why the fee payer is requesting the administrative review,
including any supporting information and site or construction plan, if appropriate.
(d) Within 15 calendar days of receipt of a request for administrative review, the decision
of the City Manager shall be final and shall be binding upon the fee payer and the city.
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(e) The determination of the City Manager may be reviewed by the city commission in
accordance with section 1 -111.
Sec. 1 -111. Final administrative review; hearings
(a) A fee payer who is aggrieved by a determination of the City Manager shall have the
right to request a review hearing before the city commission.
(b) A review hearing shall be limited to a determination of whether the City Manager
r correctly applied this article to the facts and circumstances of the fee payer's case.
(c) A review hearing shall be requested by the fee payer by filing a written request for
r same with the City Manager, within 30 calendar days after the determination is made by
the director. Failure to request a hearing within the time provided shall be deemed a
waiver of such right.
(d) The written request for review hearing to be filed with the City Manager shall contain
the following:
(1) The name of the party seeking review, and the address if a fee payer;
(2) The legal description of the property in question;
(3) If issued, the date the building permit/impact fee statement was issued and the
building permit/impact fee statement number;
(4) If paid, the impact fee receipt number and date of payment; and
(5) A brief description of the nature of the land development activity being undertaken
pursuant to the building permit /impact fee statement.
(e) Upon receipt of a request for review hearing, the City Manager shall schedule a
i hearing before the council at a regular meeting or special meeting called for the purpose
of conducting the hearing. The city shall provide the fee payer with reasonable written
notice of the time and place of the hearing. A review hearing shall be held within 45 days
of the date the request for hearing was filed.
(f) The review hearing shall be held by the Council and shall be conducted in a manner
designed to obtain all information and evidence relevant to the requested hearing. Formal
rules of civil procedure and evidence shall not be applicable; however, the hearing shall
be conducted in a fair and impartial manner with each party having an opportunity to be
heard and to present evidence.
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