ORDINANCE 2013-___
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF PALM COAST, FLORIDA, RELATING TO AMENDING
CHAPTER 29 IMPACT FEES, ARTICLE III PARK
SYSTEM IMPACT FEES; AMENDING SECTIONS 29-73,
29-74, 29-75, 29-76, 29-80, 29-81, 29-84 AND EXHIBIT A –
PARK IMPACT FEE FORMULA; PROVIDING FOR
APPLICABILITY,
CODIFICATION,
CONFLICTS,
SEVERABILITY AND AN EFFECTIVE DATE.
WHEREAS, Article VIII, Section 2(b) of the Florida Constitution and F.S. Section
166.021 grant the City broad home rule powers necessary to carry on municipal government; and
WHEREAS, Florida Statutes Sec. 163.3202(3) encourages the use of innovative land
development regulations which include the use of impact fees to implement the goals, objectives,
and policies of the City’s Comprehensive Plan; and
WHEREAS, Florida Statutes Sec. 163.31801 specifies certain requirements for impact
fee ordinances; and
WHEREAS, growth in residential properties has occurred and is expected to continue to
occur in the areas that are provided municipal services by the City; and
WHEREAS, continued growth within the City has resulted in the need to expand parks
to accommodate the impacts of growth without decreasing the level of service currently provided
to existing users; and
WHEREAS, expansion of the City’s park system to accommodate new growth promotes
the public health, safety, and welfare of all City of Palm Coast residents; and
WHEREAS, in order for future growth to pay its equitable cost for expanding the park
system to address the impact of such growth, the City Council of Palm Coast finds it necessary to
update the impact fees for parks; and
WHEREAS, Policy 4.1.1.3 of the City of Palm Coast 2035 Comprehensive Plan states
that “Recreation and Park Impact Fees shall be used to help fund the acquisition and
development of recreation and park facilities needed as a result of new residential development”;
and
WHEREAS, the City Council of the City of Palm Coast has considered the findings of
the report entitled “Parks and Recreation Impact Fee Study”, dated October 28, 2013 which sets
forth a reasonable methodology and analysis for the determination of the impact of new
development on the need for and costs of additional capital improvements related to park impact
fees for new residential development; and
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WHEREAS, the City levies Park System Impact Fees consistent with the report entitled
“Parks and Recreation Impact Fee Study” , dated October 28, 2013 to fund the cost of providing
the park system to accommodate new growth and development; and
WHEREAS, park system planning is an evolving process and the standard of service of
the City park system constitutes a projection of anticipated need for parks and capital
improvements based upon present knowledge and judgment. Therefore, in recognition of
changing growth patterns and the dynamic nature of population growth, it is the intent of the City
Council that the standard of service for the City park system and the park system impact fee
imposed in this article be reviewed and adjusted periodically to insure that the City park system
impact fees are imposed equitably and lawfully, based upon actual and anticipated growth at the
time of their imposition.
WHEREAS, the City intends to use park impact fees collected pursuant to this
Ordinance only for the purpose for which they are collected, specifically, to defray the capital
cost incurred to meet demands imposed by growth; and
WHEREAS, the 3% administrative fees is for the recovery of the City’s actual costs
only, as required by F.S. 163.31801; and
WHEREAS, this Ordinance is adopted pursuant to Article VIII, Section 1 (g),
Constitution of the State of Florida; Chapters 161 and 163, Florida Statutes; the City of Palm
Coast Charter and other applicable law; and.
WHEREAS, words with double underlined type shall constitute additions to the original
text and strike through shall constitute deletions to the original text, and asterisks (* * *) indicate
that text shall remain unchanged from the language existing prior to adoption of this Ordinance.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF PALM COAST, FLORIDA, AS FOLLOWS:
SECTION 1. LEGISLATIVE AND ADMINISTRATIVE FINDINGS. The above recitals
(whereas clause) are hereby adopted as the legislative and administrative findings of the City
Council.
SECTION 2. DELETION OF SECTION 29-73.
Section 29-73 is hereby deleted in its entirety and reserved.
SECTION 3. AMENDMENTS TO SECTION 29-74.
Section 29-74 is amended as follows:
Sec. 29-74. ADOPTION OF IMPACT FEE FORMULA; AMOUNT OF PARK
IMPACT FEE.
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(b) The formula set forth in the report entitled “Parks and Recreation Impact Fee Study”,
dated October 28, 2013 amended Exhibit “A” is hereby incorporated herein as is was
approved and adopted by the City Council as set forth in the recitals to this article.
(c) The amount of park impact fee is established by City Council resolution consistent
with the formula set forth in the report entitled “Parks and Recreation Impact Fee
Study”, dated October 28, 2013 .
(d) The City may assess an administrative fee, as set by resolution, for the purpose of
recovering the costs of administering the impact fee program established in this
article. The administrative fee may be waived if impact fees are paid at the time of the
issuance of the building permit.
SECTION 4. AMENDMENTS TO SECTION 29-75.
Section 29-75 is amended as follows:
SEC. 29-75. IMPOSITION; AMOUNT OF PARK IMPACT FEE; CREDITS FOR
DONATIONS.
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(c) The park system impact fee shall be one thousand one hundred twenty dollars and
ninety-one cents ($1,120.91) per dwelling unit.
(d) The City shall assess a three (3) percent administrative fee upon the amount of the
impact fee for the purpose of administering the impact fee program established in this
article.
(e) (c) Persons subject to paying the park impact fee may, upon written agreement with
the City, be awarded park system impact fee credits for the donation of parkland,
recreational facilities or equipment or other capital improvement. The amount of such
credit and the method of drawing down such credits shall be provided for in the
written agreement. Park impact fee credits shall only be granted for capacity adding
improvements.
(1) The amount of developer contribution credit shall be determined according to
the following:
a. The value of land shall be based upon a written appraisal of fair
market value by a Member of the Appraisal Institute (MAI) appraiser,
selected and paid for by the applicant, utilizing accepted appraisal
techniques. City reserves the right to engage another appraiser and the
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value of the land donation shall be an amount equal to the average of
the two appraisals; and
b. The anticipated construction costs shall be based upon cost estimates
certified by a registered professional engineer and approved by the
City.
SECTION 5. AMENDMENTS TO SECTION 29-76.
Section 29-76 is amended as follows:
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(d) The park system impact fee collected pursuant to this article may be returned by the
City to the then current owner of the property on behalf of which such fee was paid if
such fees have not been expended or encumbered prior to the end of the fiscal year
immediately following the seventh anniversary of the date upon which such fees were
paid. Refunds shall be made in accordance with procedures established by the City
Council with interest paid at the rate of six percent per annum or the average net
interest rate earned by the City in the park system impact fee trust account during the
time such refunded park system impact fee was on deposit, whichever is less. For the
purposes of this section, fees collected shall be deemed to be spent or encumbered on
the basis of the first fee in (collected) shall be the first fee out (expended).
SECTION 6. AMENDMENTS TO SECTION 29-80.
Section 29-80 is amended as follows:
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(a) An applicant shall pay the appropriate park impact fees as set forth in this article
prior to the issuance of a Certificate of Occupancy. Except as otherwise provided in
this article, prior to the issuance of the building permit, an applicant shall pay the
appropriate park system impact fee as set forth in this article.
(1) The three percent administrative fee shall be waived when park system impact fee
is paid at the time of the issuance of the building permit.
***
SECTION 7. DELETION OF SECTION 29-81.
Section 29-81 is hereby deleted in its entirety and reserved.
SECTION 8. AMENDMENTS TO SECTION 29-84 REVIEW REQUIREMENTS.
Section 29-84 is amended as follows:
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(b) The park impact fee formula and schedules shall be adjusted annually. The total value of
the assets will be adjusted based on annual percentage changes in the Consumer Price
Index (CPI). Annual changes shall be effective on April 1 of each year, based upon the
index change for the twelve (12) months ending on December 31 of the previous year.
The formula used to calculate parks impact fee along with the impact fee shall be
reviewed periodically and established by resolution.
(c) This article and the impact fee study shall be reviewed by the City Council every six
(6) years unless otherwise directed by the Council. Each review shall consider, at a
minimum, new estimates of population per household, costs related to the acquisition of
park system capital improvements necessitated by growth, and adjustments to the
assumptions, the conclusions and findings set forth in this article. The purpose of this
review is to ensure that the park system impact fees do not exceed the reasonably
anticipated costs associated with the capital improvements necessary to offset the
demand generated by the park system impact construction on the City's park system. In
the event the review of this article materially alters or changes the assumptions,
conclusions and findings of this article, this article shall be appropriately amended. If,
upon the conclusion of the review of this article, the City Council determines in its
legislative discretion that a rebate of impact fees previously collected is appropriate
because of an alteration or change in the amount of impact fees previously collected, the
ordinance amending this article shall establish the procedures and determinations for any
such rebate.
(d) Simultaneous with the review of this article, the City Council shall review the capital
improvements element of the Comprehensive Plan for the availability and adequacy of
revenue sources to construct improvements and additions to the City park system
necessary to accommodate existing development.
SECTION 9. DELETION OF EXHIBIT A
Exhibit A-Park Impact Fee Formula is hereby deleted in its entirety and reserved.
SECTION 10. APPLICABILITY. The amendments set forth in previous Sections of this
ordinance shall apply to any Impact-Generating Development for which a building permit
application is filed on or after the effective date of this Ordinance.
SECTION 11. CODIFICATION. This Ordinance shall be codified in the City Code of the
City of Palm Coast.
SECTION 12. CONFLICTS. All Ordinances or parts of Ordinances in conflict herewith are
hereby repealed.
SECTION 13. SEVERABILITY. If any section, subsection, sentence, clause, phrase or portion
of this Ordinance is for any reason held invalid or unconstitutional by any court of competent
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jurisdiction, such portion shall be deemed a separate, distinct and independent provision and
such holding shall not affect the validity of the remaining portion hereto.
SECTION 14. EFFECTIVE DATE. This Ordinance shall become effective 90 days after
adoption of this Ordinance.
Approved on the first reading this 5th day of November 2013.
Adopted on the second reading after due public notice and hearing this 19th day of
November.
CITY OF PALM COAST, FLORIDA
Jon Netts, Mayor
ATTEST:
Virginia A. Smith, City Clerk
Approved as to form and legality
_______________________________________
William E. Reischmann, Jr., City Attorney
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