HomeMy WebLinkAbout577 Amend Transportation Impact Fees 93 JUL 29 A a Iii 2
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ei.3 FILED FOR ifEr, D D ORDINANCE NO. 577
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(0 /00' AN ORDINANCE OF THE CITY COUNCIL C:oP', y H :a CCTY''PYLOF
ZEPHYRHILLS ESTABLISHING TRANSPORTATION IMPACT FEES FOR
5/ °0 NEW DEVELOPMENT, PROVIDING FOR SHORT' TITLE, AUTHORITY. '
AND APPLICABILITY; PROVIDING FOR INTENT AND PURPOSE;
PROVIDING FOR RULES OF CONSTRUCTION; PROVIDING FOR FAIR
SHARE FEE TO BE IMPOSED ON NEW LAND DEVELOPMENT
ACTIVITY GENERATING TRAFFIC; PROVIDING FOR PAYMENT;
PROVIDING FOR USE OF FUNDS COLLECTED; PROVIDING FOR THE
IESTABLISHMENT OF A SPECIAL REVENUE FUND; PROVIDING FOR
EXEMPTION AND CREDITS; PROVIDING FOR LIBERAL
CONSTRUCTION SEVERABILITY AND PENALTIES; PROVIDING AN
EFFECTIVE DATE.
WHEREAS, The Local Government Comprehensive Planning and Land
Development Regulation Act of 1985 requires each local government
to. adopt a Capital Improvements Element with level of service
standards for public facilities and services and a capital
improvements schedule, and
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WHEREAS, the Capital Improvements Element must identify financial.
resources to assure the availability of adequate infrastructure,
including roadways, concurrently with new development, and
WHEREAS, Imposition of transportation impact fees on new
development within the City of Zephyrhills is a necessary
additional source to derive sufficient revenues to improve
existing roadways and provide new roadways adequate to
accommodate traffic anticipated to be generated by new
development, and '
WHEREAS, construction, operation and maintenance of several
roadways within and adjacent to the municipal jurisdiction are
responsibilities of Pasco County or the State of Florida,
Now thereforelbe it enacted and ordained by the :City Council of
1 the City of Zephyrhills, Florida as follows:
r SECTION I . Short Title and Applicability.
c A. This Ordinance shall be known and may be cited as the
C ' "New Development Fair Share Contribution for Road Improvements
' " Ordinance. "
- >'-, Q B.. ,City Council of the City of Zephyrhills has authority to
oa R . =dopt this Ordinance through general non-charter home rule powers
Ua.5mo a ' •ursuant to Chapter 166 Florida Statutes.
C. Increasing the capacity of arterial and other roads to
make them safe and more efficient is in the best interest of
public health, safety and welfare.
D. Planning for the necessary provision of new roads and
roadway improvements created by new land development activity
generating traffic is a responsibility of the City government,
and is in theLbest interest of public health, safety and welfare.
IE. This, Ordinance shall apply to the incorporated area of
the City of Zephyrhills except as specifically provided by any
duly executedl. intergovernmental agreement with Pasco County .
and/or. the State of Florida.
SECTION II. intent .and Purpose.
A. City Council has determined that growth which Pasco
County is experiencing will necessitate extensive road network
improvements. and make_ it necessary to regulate new land .
development activity generating traffic in order to maintain an
acceptable level of road service. In order to finance the
necessary new capital improvements and regulate traffic
generation levels, several combined methods of financing will be
,,-,y Record and• Return to:1 4,1, r''' t:. k�'
City Clerk's Office G.R. a I a PAGE"3 8 3
5335 8th Street
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Zephyrhills, FL 33540
necessary, one of which will require new land development
activity generating traffic to pay a "Fair Share Fee" which does
not exceed a pro rata share of the reasonably anticipated
expansion costs of new roads and other. facilities. .
B. Providing and regulating arterial and other roads and
related facilities to make them more safe and efficient, is in
the best interest of public health, safety and welfare.
C. Implementing. a- regulatory scheme that requires new land
development activity generating traffic to pay a "Fair Share Fee"
that does not exceed a pro rata share of the reasonably
anticipated expansion costs of new roads created by the new land
development activity, is a responsibility of the City to
implement the traffic circulation element of its Comprehensive
Plan, and is in the best interest of public health, safety and
welfare.
D. It is the purpose of this Ordinance to establish a
regulatory fee to assist in providing increased capacity for the
major road network system to accommodate the increased demand new
land development activity generating traffic will have on the
road system. New land development activity will be required to
pay a fee which does not, exceed a pro rata share of the
reasonably anticipated :costs o,f ,new roads and other facilities
that its presence neces's'itates:. This is accomplished .:by,
requiring a "Fair Share Fee" upon commencement of any new land
development activity ;generating: traffic. : This road impact fee is
for the exclusive purpose of providing increased capacity for the
major road network system.
E. The purpose of this Ordinance is to regulate new
development activity generating traffic so as to require it to
share in the burdens of growth by paying its pro rata share for
the reasonably anticipated expansion costs of road improvements.
F. It is not the purpose of this Ordinance to collect any
money from new land development activity generating traffic in
excess of the actual amount necessary to offset the demand on the
major road network system generated by the new land development
activity. It is specifically acknowledged that City Council has
approached the problem of determining the "Fair Share Fee" in a
conservative and reasonable manner. This Ordinance will only'
partially recoup the' governmental expenditures associated with
growth. Established residents will still be requiredtobear
their appropriate share of the cost of the road network system.
G. It is not the intent of this Ordinance togrant to any .
individual or entity " including' governmental agencies other than
the City of Zephyrhills, any vested right in the trust fund
herein established.
SECTION III . Rules of Construction.
For the purposes of administration and enforcement of this
- Ordinance, unless otherwise stated in this Ordinance, the
following rules" of construction shall- apply to-the text of.. this
Ordinance.
(1) In case of any difference of meaning or implication
between the text of this Ordinance 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 used in the singularnumber shall include the
plural, and the plural the singular, unless the context clearly
indicates the contrary.
U.R. 1 PAGE 13-S
( 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, an incorporated association, or any
other similar entity.
( 6) Unless the context clearly indicates the contrary,
where a regulation involves two ( 2) or more items, conditions,
provisions, or events connected by the conjunction "and" , "or" or
"either. . .or" , the conjunction shall be interpreted as follows:
(a) "And" indicates that all the connected terms,
conditions, provisions or events shall apply.
(b) "or" indicates that the connected items,
conditions, provisions or events may apply singly or in any
combination.
(c) "Either. . .or" indicates that the connected items,
conditions, provisions or events shall apply singly but not in
combination.
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(7) The word "includes" shall not limit a term to the
-specific example but is intended to extend its meaning to all
other instances of circumstances of like kind or character.
( 8) Where a road right of way is used to define zone
boundaries, that portion of the road right of way demarcating the
boundary may be considered as part of any zone it bounds.
SECTION IV. Definitions.
A. Accessory Building or Structure: A detached, subordinate
building, the use of which is clearly incidental and related to
that of the principal building or use of the land, and which is
located on the same lot as that of the principal building or use.
B. Arterial Road: A road which is a main traffic artery
, carrying relatively high traffic volumes for relatively long
distance. This classification includes all roads which function
above the level of the collector road. -
C. BuildingAny permanent structure, having a. roof and
used or built foil
the enclosure or shelter of persons, animals,
vehicles, goods, merchandise, equipment, materials or property of
any kind for period of time in excess of four ( 4) weeks in any
one calendar year. This term shall include tents, trailers,
mobile homes, or any vehicles serving in any way the function of
a building.
D. Building Permits: An official document or certificate
issued by the authority having jurisdiction, authorizing the
construction of any building. .
E. Capacity: The maximum number of vehicles fora given
- - time period which a road can safely and efficiently carry;
usually expressed. in terms of vehicles per day. For the purpose
of this Ordinance the capacity of a 'road shall be 6872 vehicles
per day. per through lane.
F. Collector Road: A road which carries traffic from local
roads to arterial roads. Collector roads have more continuity,
carry higher traffic volumes and may provide less access than
local roads.
G. Collecting Agency: The governmental authority having
jurisdiction to authorize the making of any material change of
any structure including the construction, enlargement,
alteration, or repair of buildings, or the 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.
H. Development Order: An official document or certificate,
other than a building permit, issued by the authority having
jurisdiction, authorizing commencement of land development
activity. This term includes any mining permit, landfilling
permit or other final plan approval for land development activity
not involving construction of a building.
I . Dwelling Unit: Dwelling unit shall have the meaning
defined in the City of Zephyrhills Land Development Code.
J. External Trip: Any trip which either has its origins
from or its destination to the development site and which impacts
the major network-system. ,.
K. Fair Share Fee; Road Impact Fee; or Fee: The fee
required to be paid in accordance with this Ordinance.
L. Internal Trip: A trip which has both its origin and
destination within thedevelopment site.
M. Land Development Activity Generating Traffic: The
carrying out of any building� activityor'.'the making of any
material change in the use or- appearance of any structure. or land
that attracts or produces ,vehicular. trip(s) over and.,above that
produced by the. existing use of the land or construction
activity. . Subdivision .development:prior;. to. construction of
buildings is not' a land development activity generating traffic.
Other land alteration. which .could generate traffic will' be
evaluated on each specific instance.
N. Local Road: A road designed and maintained primarily to
provide access to abutting property. A local road is of limited
continuity and is not for through traffic.
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O. Major Road Network System: All arterial and collector
roads within Pasco County transportation impact fee zone 6 as
indicated on the attached map including new arterial and
collector roads necessitated by land developments.
P. Non commencement: The cancellation of construction
activity making a material change in a structure, or the
cancellation of any other land `development activity making a
material change in theuse or appearance .of - land:
Q. Planned Unit Development:' Aland` area under unified
control designed and planned to be developed in a single
operation by a seriesof prescheduled` development phases
according to an officially approved final Master Land Use Plan.
R. Site Related Improvements: Road construction or road
improvements at or near the development site which are necessary
to interface the development' s external trips with the major road
network system, or which are necessary to interface the
- ;development' ,.internal trips with the major road network system
whereya portion of the major road network system is included
within the development. ( i.e. project driver, turn lanes,
signalization, etc. )
S. Traffic Impact Analysis: A study prepared by a qualified
professional engineer,, or other qualified professionals, in their
respective fields, to determine the vehicular impact of the
development upon the Major Road Network System. This study
includes, but is not limited to: determination of trip
generation; trip distribution, traffic assignment; capacity
analyses; and improvements" to the roadway system necessitated by
the development, such as required new -roads; additional -laneage
and signalization.
T. Trip: A one-way movement of vehicular travel 'from an
origin (one trip end) 'to a destination (the other' trip end) . For
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the purposes of this Ordinance, trip shall have the meaning which
it has in commonly accepted traffic engineering practice .and '
which is substantially the same as that definition in the
previous sentence. . .
. U. Trip Generation: The attraction or production of trips •
caused by a given type of land development.
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V. Traffic Generation Statement: .A documentation of
proposed trip generation rates submitted as part of a traffic
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impact analysis. This documentation would include actual traffic
{ generation information from a representative sampling of existing
similar development.
W. Transportation Impact Fee Zone: The area within Pasco
County lying east of Morris Bridge Road/Handcart Road '(CR 579) ,
and south of Clinton Avenue (SR 52A) /US 98.
7 • SECTION V. Fair Share Fee to be Imposed on New Land Development
Activity Generating Traffic.
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A. It has been determined by City Council that any new land
development activity generating traffic in the City should be
charged a reaisonable "Fair Share Fee" to help regulate new land
development. a�ctivity' s effect on roads and related facilities.
B. After the effective date of this Ordinance, the
applicant shall pay a "Fair Share_ Fee" in the amount and manner
. required by this Ordinance for any new land development activity
generating traffic. The "Fair Share .Fee" shall be used within
the transportation impact fee zone, or for other State and/or
County roadway improvements that are of direct benefit to
mitigate the traffic impact anticipated to result from the
subject development activity. Direct benefit shall be determined
by .an affirmative vote of City Council at its sole and absolute
discretion.
C. The "Fair Share Fee" shall be determined by using either
of the following methods: .
1. Independent Calculation: Any person may determine
his "Fair Share Fee" by providing traffic and economic
documentation that his economic -impact on the major road network
system -is less that the "Fair Share. Fee" as determined under
• subparagraph C2 below.. The documentation submitted shall show
the basis upon which the "Fair Share Fee" has been calculated,
:including but not limited to the following factors :
a. . Documentation of trip generation rates as
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Iappropriate for the proposed land development activity.
1 b. Basis for trip distribution, traffic
assignment and trip lengths.
' c. Estimates of the cost to replace the portion
I . of the design capacity used by the traffic generated by the
proposed land development activity' on each of the affected roads
(this cost shall include consideration of a reasonable inflation
rate, right-;of-ways costs, plans preparation costs and other cost
which may reasonably be expected for the necessary road
improvements) .
d. Tax revenues derived from the proposed land
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developmentiactivity which can reasonably be projected to be
available for these capacity replacement .costs.
e. The amount of any shortfall of these projected
revenues when compared to the required capacity replacement
costs. This documentation shall be prepared and presented by
qualified professionals in their respective fields and must be
based on studies, surveys and reports using standard practices
and accepted methodological procedures. The mathematical
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assumption formulas and generation rates used in this Ordinance
shall not be used as a basis without independent documentation.
The City Manager, or his designee, shall be authorized to reject
any independent calculation not meeting -the-above-criteria.
2. Fair Share Formula: The following Fair Share
Formula may be used for those planned developments for which a
traffic impact analysis has been prepared for the purposes of
determining the external trips imposed by the development on the
Major Road Network System. The Official Daily Trip Generation
Rate as shown in subparagraph C3 shall be used as the basis for
calculating the total external trips for the planned development.
The City Manager, or his designee, shall review the traffic
impact analysis and determine the "Fair Share Fee" to-be paid in
accordance with the following formula. Any applicant may
challenge the City Manager' s determination of the fee by filing a
petition with the City Council to determine the ,appropriate "Fair
Share Fee" within thirty ( 30) days of the determination by the
City Manager, or his designee. -
The formula used to determine the traffic impact fee is:
( (TGR/2)/CAP) X (COSTCON X TL) ) X N where:
TGR . = Trip, 'Generation_ Rate,_ _- .
2 = the allocation of half the impact to the origin and
half .to the destination
CAP = average capacity of one lane of roadway
(7299 vehicles/lane/day)
COSTCON = average cost to construct one lane-mile of roadway
(weighted average for City, County and State within the
transportation impact fee zone- currently calculated to
be $622,105)
TL = Trip Length:
4.73 miles/trip for all residential development
2. 25 miles/trip for the following commercial:
Sit-down restaurants
Banks/Savings and Loan/Financial Institutions
Convenience Market
Shopping Centers less than 50,000 GSFLA
0. 9 mile-trip for the following commercial:
Service- Station
Drive-thru and Fast-food Restaurants
Shopping Centers more than 50,000 GSFLA
Trip length (miles/trip) is determined by the
following formula: (GSFLA * 0. 000045)
4. 68 miles/trip for all other uses
N " = Ratio 'of.:=total cost charged to impactf_ee. based upon
other available projected revenues currently calculated
to be . 85 .
3 . Fee Schedule: The following fees have been
calculated using the formulas presented above. Unless other
independent studies are available, trip generation rates will
be based on the most recent ITE Trip, Generation Information
Report. For the convenience of the public the fees which are
based on trip generation for more common land uses have been
converted to a :dollar' amount and based-.on -dwelling unit, building
square• footage, bed, ' parking*space or room' depending -on .the
particular land use.
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O.R. 317 E� �,GE i a 5,
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Land Development Trip Generation Trip
Activity I Rate Length Impact Fee
Single Family/Duplex 9. 25/du 4.73 1, 585
Multi-Family 7 . 52/du 4.73 1,289
Mobile Home . Park 5 . 08/du 4.73 870
Rec. Vehicle Park 2. 00/space 4.73 343
General Office 6. 26/1000 GSF 4. 68 1,063
Medical Office 17 . 43/1000 GSF 4. 68 2,954
Light Industrial 2.78/1000 GSF 4. 68 467
Warehousing . 2 . 49/1000 GSF 4. 68 427
Mini-warehouse 1. 43/1000 GSF 4. 68 242
Manufacturing 1. 97/100.0 GSF 4. 68 338
-Hospital 1- '5. 81/bed - 4. 68 985
ACLF 2 . 15/unit „ 4 .68 365
Motel 5 . 35/room 4. 68 907
Sit-down Restaurant 83 . 84/1000 GSF 2. 25 6,834
Fast Food Restaurant 282.03/1000 GSF . 90 9 ,193
Convenience Store 56 . 3/1000 GSF 2. 25 4, 589
Service Station 67 .7/pump . 90 2, 207
Retail Center
Less than 50,000 22. 26/1000 GSFLA 2. 25 1,811
In the event that two or more categories are combined (e.g. ,
Convenience Store and Service Station) , the higher of the two or
more rates will be applied.
D. The amount of the "Fair Share Fee" shall be reviewed by
City Council during the preparation of each fiscal year' s budget.
The review shall consider trip generation rates, trip lengths and
actual construction costs for work contracted for by the City,
County or the Florida Department of Transportation within Pasco
County transportation impact fee zone 6 during the preceding five
fiscal years. The purpose of this review is to analyze the
effects of inflation on the actual costs of roadway construction
and right-of-way acquisition, and to insure the fee charged new
land developmenit activity generating traffic will not exceed
their pro rata share for the reasonably anticipated expansion
costs of road improvements necessitated solely bytheir presence.
1. In multi-use buildings, if one ( 1) occupies
twenty-five percent ( 25%) or more of the total gross square feet
of the total center or building, that use shall be assessed as
its specific usie rate.
2 . The gross square footage used to determine the
rate applied to a shopping center site containing outparcels
which exclusively utilize the same roadway access as the main
center shall be; calculated by adding twenty-five percent ( 25%)
of the outparceil area to the total square footage of the shop-
ping center site.
3. Fee shall be assessed upon issuance of a non-
retail multi-use building permit for an unfinished building
(i.e. , "shell" permit) , however, each individual use shall be
• assessed a specific use rate upon subsequent issuance of a
building permit to finish the unit.
4. No fee shall be assessed upon issuance of a . • .
commercial retail shopping center building permit for an
unfinished building (i.e. , "shell" permit) . Each individual.
use shall thereafter be assessed the appropriate commercial
shopping center rate upon subsequent issuance of a building
permit to finish the unit.
5. Shopping center outparcel uses which exclusively
utilize the same roadway access as the main center shall be
assessed according to the same rate as the main center subject
to ( 1. ) above.
SECTION VI . Time of Payment.
A. The "Fair Share Fee" shall be due and paid upon the
issuance of any buildings' or development permits _for any new or
additional land development activity generating traffic except
single family and duplex dwellings. The fee for each single
family or duplex dwelling is due, prior to issuance of a
Certificate of Occupancy for the dwelling. Impact fees paid
shall be based on the rates in effect at the time of payment.
B. The City of Zephyrhills as Collecting Agency shall be
entitled to retain one percent ( 1%) of the total funds collected
to offset the costs associated of these funds. This collection
cost shall be retained before calculating any, division_.of fees
with Pasco County or FDOT'as established by separate agreement.
SECTION VII . Use of Funds Collected.
A. The funds collected by reason ofthe establishment of a
road impact fee in accordance with this Ordinance shall be used
solely for the purpose of constructing orimproving roads,
streets, highways and bridges on the major road network system
including but not limited to
1. design and construction plan preparation,
2. right-of-way acquisition, '.. '
3 . construction of new through lanes,
4 . construction of new turn. lanes, ..
5. construction of new bridges,
6 . construction of new drainage facilities in,.
conjunction with new roadway construction,
7 . purchase and installation of traffic signalization,
8. construction of new curbs, medians and shoulders,
9 . relocating utilities to accommodate_ new roadway
construction._ __
Funds shall be used for capital improvements or expansion within
the City of Zephyrhills or for projects within Pasco County
traffic impact fee zone .6 that are of direct benefit to the
development from which the funds were collected. Said funds
shall not be used to maintain the existing major road network
system.
SECTION VIII . Special .Revenue Fund Established.
A. There is hereby established.'a.=special revenue fund for
transportation improvements designated.."Transportation-:impact
Fees.
B. Funds may be' withdrawn 'from this account for use solely
in accordance with the provisions of Section VII of this .
Ordinance; provided, that the disbursement of such funds shall
require approvalof the City Manager.
C. Any funds on deposit not immediately necessary for
expenditure shall be invested in interest bearing sources. All
income derived shall be deposited in the sPecial revenue fund.
D. Fees collected pursuant to this Ordinance may be
returned to the then-present owner if the fees have not been
encumbered by the end of the calendar quarter immediately 111
following five ( 5) years from the date the fees were paid and
expended in eight ( 8 ) years. Refunds shall be made in accordance
with the following procedures.
1. The present owner must petition City Council for
the refund within one ( 1) year following the end of the eighth
year from the date on which the fee was paid.
2. The petition must be submitted to the City Manager,
or his designee, and must contain:
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a. a notarized sworn statement that the
petitioner is the current owner of the property;
b. a copy of ..the dated receipt issued for pay-
ment of. the fee or. other evidence of payment acceptable to. the
City Manager orlhis designee;
C. . a certified copy of the latest recorded deed;
d. a copy of the most recent ad valorem tax
bill.
3 . Within three ( 3 ) months from the date of receipt
of a petition for refund the City .Manager, or his designee, will
advise' the petitioner and City Council of the status of_ the fee
requested for refund. For the purposes of this section, fees .
• collected shallbe deemed to be spent on the basis of the first
fee in shall be the first fee out. In other words, the first •
money placed in the trust fund account shall be the first money.
taken out of that account when withdrawals have been made in
accordance with subparagraph B above.
4. When the money requested is still in the special
. revenue fund account and has not been spent (encumbered by the
end of the calendar quarter immediately following eight ( 8 ) years
from the date the fees were paid, the money shall be returned
with interest at the rate of six percent ( 6%) per annum. •
i E. The fees collected pursuant to this Ordinance may be
returned to the present owner if the land development activity
generating traffic is cancelled due to noncommencement of
construction before the funds have been committed or spent
. pursuant to Section VI. Refunds may be made in accordance with
Sections VIII . D. 2 . and VIII . D. 3 . provided the then-present
i ' owner petitions City Council for the refund within six ( 6) months
from the date of issuance of a construction or building permit.
SECTION IX. Exemptions, Credits, Rebates.
A. The following shall be exempted from payment of the
"Fair Share Fee" :
• 1. Alterations or expansion of an existing dwelling
unit where no additional units are created and the use is not
. changed. . -
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2. The construction of accessory buildings or
structures which will not increase the traffic counts associated
with the principal building or of the land. •
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3 . The replacement of a destroyed or partially
destroyed building or structure with a new building or structure
• of the same size and use.
• 4 . The construction of publicly-owned governmental •
buildings. •
5.- Planned Unit .Developments approved. by c ty 'Council
prior to September 30, 1988 unless subsequently amended 'to permit
additional development which would generate traffic, in which
case the additional development would be subject to impact fee •
assessment.
6. Any privately owned development for which City
Council finds the waiver of traffic impact fees to be of
overriding public interest after conducting a legally advertised
• public hearing.
B. Credits:
1. In lieu of paying the "Fair Share Fee" , a developer
may elect to construct part of a major road network system which
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is in addition to on-site improvements. The developer shall
submit the proposed construction which he intends to do along
with a cost estimate which has been certified by a Florida
registered professional engineer-to_the ,City Manager. The 'City
Manager shall determine if the proposed construction is an
appropriate substitute for the -road impact fee and the amount of
credit to be given and the timetable for completion.
2. Where a proposed major network road runs through a
development, and where the developer is only required to
construct two ( 2) lanes of the roadway, the developer may elect,
upon submission of a certified cost estimate as described above,
and approval of the cost by the City Manager, to construct more
that two ( 2) lanes and receive credit to the extent of the cost
for -additional lanes constructed.
3 . The current fair market value of land provided for
a major roadway right-of-way and/or required storm water -
retention associated with construction of a major roadway may be
provided as all or part of assessed transportation impact fees.
4. The developer may challenge any determination made
by the City Manager pursuant to subparagraph B.1 . , 2. and 3 .
above by filing a petition with City Council.
C. Rebates:. .
Development which results in new jobs will be eligible. for
. a-
rebate of one percent ( 1%) of transportation impact fees fox' each
new full time equivalent employee on the payroll of the
occupant(s) of the development on the first anniversary- after,
issuance of a certificate of occupancy. Employers which relocate
from an existing site within the City will be eligible for a
rebate based on the increased number of jobs compared to, the last
payroll of the prior calendar year.
SECTION X. Liberal Construction, Severability and Penalty
Provisions.
A. The provisions of this Ordinance shall be liberally
construed to effectively carry out its purposes in the interest
of public health, safety, welfare and convenience. .
B. It is declared to the the intent of the City Council of
the City of Zephyrhills, Florida, .that.- if -any section,
subsection, sentence, clause or .provision' of this Ordinance shall
be declared invalid by a court of competent jurisdiction, 'the
contained said section, subsection, sentence clause or provision
and shall not be affected by such holding.
C. Any building or construction permit used for new
construction as covered by this Ordinance, but without payment of
the transportation impact fee as required by ,ths Ordinance,
shall be void.
D. A violation of this Ordinance shall be punishable
according to law; however, in addition to or -in lieu of any
criminal prosecution, the City of Zephyrhills shall have the
power to sue in civil court to enforce the provisions of this
Ordinance.
SECTION XI . Area Embraced.
This Ordinance shall apply to all lands located within the
incorporated areas of the City of Zephyrhills.
SECTION XII . Penalties.
As analternative to other penalties set forth in this Ordinance,
and person, firm or other entity which violates the provisions of
this Ordinance, or any part thereof, shall be guilty of a Class I
violation punishable in the manner prescribed for such violations
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in the City Uniform Citation of Fine Ordinance and in the Pasco
County Court Uniform Fine System.
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SECTION XIII . Severability.
If any provision, section, part, sentence or phrase of this
Ordinance shall be held to be unconstitutional or invalid, all
other provisions, sections, parts, sentences or phrases of this
Ordinance not expressly so held to be unconstitutional or void
shall continue in full force and effect.
SECTION XIV. Repealer.
All Ordinances or parts of Ordinances in conflict herewith are
hereby repealed to the extent of such inconsistency. Ordinance
No. 531 is repealed in its entirety.
SECTION XV. Effective date.
This Ordinance shall become effective as provided by law.
The foregoing. Ordinance No. 577 was read and passed on its
first reading in open and regular meeting by the City Council of
lgtb =C by,kof Zephyrhills, Florida on the &Z�, G� day of
,,, A..D. ,• \1993-. (
' : 'ATtST'' ' -2-4"\-'/
,/ (! .,260-ei .,"
Lind D!. Boan, City Clerk Cl e C. Bracknell
�, •• `q - _-== Council President
The foregoing Ordinance No. 577 was read and passed in its
second reading! in open and, regul-ar:.,,meeting,by.�._,the y, ouncil sgf
s:s. j .,��^�i'• ..i• i''rS ,s SCf f? r_ '1fv°'i _•j
r. i I'^ '
ski:..°.�,'- ���.. (�•'.•E'l'F j ii'��:r- t � ;•i--_
,•t i ciLlrt'b, Zephyrhills, Florida•=o -/ "rlatayj ofJ]}�
,' RF i M jD E}=iii L Z i' O tLE >',.c rani
c' k'.D ,\I:\1;993 - 'r_
' '0 '.7ariEst A ' :, ' ' k . `13AN-e,i,_/ . 4„...,a L2 -
,r;
c° : ,,'' '_ n•�a D Boan, City Clerk':voaly e 0;_r,��p7raq ne.l; _;" __.-
'' i s ''n
i^i:f.1s tai i e^; s i i L 1,1
Co nci1�' President
The foregoing Ordinance No. .597 was read and passed on its
I
third and final reading in open and regular meeting by the City
Coun of h 7 City of Zephyrhills, Florida on the awl day of
A \\\\, 'A,D';� 1993
i•_ 74/J-1-7,J
:/
,9
s, .•Linda=D: :'Boan, City Clerk Cl de C. Bracknell
i n�•• f• - ° C uncil President
The foregoing Ordinance No. 577 was approved by me this
oUz!"1 day ofVkay/ , 1993 .
le ii '/ i
J'mes A. Bailey, Mayor
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..R. 39 Hills. Co. line U.S. 301 I 4 "•''•c;.a'a -�a l•r---- �. . i lel_ �--
-. S.R. 54 Morris Bridge Road U.S. 301 ■ t• l .� -■.' 1
C.R. 54 U.S. 301 U.S. 98 a.�'` •�,ya•. list_�rt,� •A 1 ►-
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.S. 301 Clinton Ave. ��' - �• .;•t �\,�; c1a ��IP�'=s`.117�R � -
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Otis Allen Road East Bypass Wire Road _ ■ tr ❑ 111
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_ _:$� - Coats Road S.R. 54 Pro sed Alt. S.R. 54 -••Cala. '''-••''' - -• >��IWR �� • 'a•t•�ai .• .;a 4:-v 1- , -
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���i �i- Daughtry RoadFort King Highway Wire Road `\ ll �� r■11 3'�1i''... "''''''.11.211, '- EXHIBIT TO
-t Geiger Road U.S. 301 West Bypass (431:
+;Y '°'�+ 1 ■�+-` �` trf-- }7���/// '
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Alston Avenue U.S. 301 East Bypass .� �:- •.�•�I•p s•�`e;-.��•::••�'; /,
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. �T :,.,ig 1'UPIN,I-a �.r£.� �'7 .i�� I= ORDINANCE NO. 577
� «' Simms Road Fort King Hwy. West Bypass � t- � .nuc. 0`t - a
4...` �. Pretty Pond Rd. Wire Road Greenslope ` I r '''_y :�' �'�'' %!''. - ty�1i, r ; �i !•,. -- I.
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! i' South Ave, U.S. 301 Airport - •� _>,�� .� •I,,; 4,jm. -arl��t� �'F-.:� .��1�-� •
Airport Link South Avenue 6th Avenue -a' • j-`'�'�_=-- -•�._ -Olt --! n r'L .� rl' J
6th Avenue Airport Link East B tt- +^laYl -L� SI- ,I +L 4 1 r a� •
P YPass �O, mn.c-nuu.t■ar-.t.t�olt: .-ta.� •i.-. .:;1 wt Af/ ■mu 17 16
17 5th Avenue U.S. 301 20th StreetIIK '•.11p-� —Fit
-■ ” �,•�_ �itZ ,nj ^�/ --
12th Avenue 1st Street 12th Street ■-■aaatta - .'=- 000■'au.•�lO=ii:S E'-- ri ll
North Avenue U.S. 301 20th Street roil-aria -.tt 10t1iO'-°' ` c�2•'"'Etl -""_`�vs-'�
1st St./2nd Ave. U.S. 301 S.R. 54 Fj'L '�u r '� --1-nuao�•.__ r..•.,_e'._�- ` -z'.E_•
12th Street C.R. 54 5th Avenue y31f 91 --- R r�� , • r
but..n-u• -.: �� .::•• !i-:at: - I
20th Street C.R. 54 Alston Avenue t u: 1i1:: ` -:=-....i ww ,�.' .Greenslope Kossick Road Medical Arts Dr. ar41� to- ■ aa_ rs-
l 11
East Bypass U.S. 301 C.R. 35A 'rin id�lk : =_ . .;