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HomeMy WebLinkAboutOrdinance 98-25 ORDINANCE NO. 98- l5"" AN ORDINANCE OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AMENDING SECTION 5 OF ORDINANCE 98.17 ESTABUSHING AN INTERIM IMPACT FEE SCHEDULE FOR POLICE SERVICES; PROVIDING FORAN AMENDED IMPACT FEE COMPUTATION FORMULA, PROVIDING FOR APPLICABll..ITY; PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS; PROVIDING FOR SEVERABll..ITY AND AN EFFECTIVE DATE. WHEREAS, the City Commission adopted Ordinance 98-17 establishing an interim police impact fee ordinance based upon Miami-Dade County's fee schedule; and WHEREAS, the City has learned that Miami.Dade County amended its fee schedule and the City wishes to conform its fee schedule to that of the County's. NOW THEREFORE BE IT ORDAINED BY THE COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: Section 1. Amendment ofhnpact Fee Sch~ule. Section 5 of Ordinance 97-17 is hereby amended to provide as follows; "Section 5. Impact Fee CotllPutation Formula. a. The Feepayer shall pay a Police Services Impact Fee amount based on the formula set forth below. The fee shall be collected by the Building, Zoning and Planning Department for all structures for which a Building Permit is issued. Such fee will be based on the capital costs required to serve the increased demand for police services resulting from the proposed new Development Activities, together with Impact Fee administrative costs. The formula used to calculate the Police Services Impact Fee shall be established as follows for each property type: The City of Sunny Isles Beach shall employ the following schedule to compute the amount AiDcladq Police Impect ant offee to be paid. Land Use/Occupancy Type Cost per Unit or per Square Foot Residential Nonresidential $101.29 per Unit $0.147 per square foot b. The fee per residential Unit or fee per nonresidential square foot shall be multiplied by the Feepayer's total number of Units for residential property or total number of square feet for nonresidential property. The total will then be muhiplied by 0.05 to accommodate the general administrative charge of five percent (5%). The resulting total is the Police Services Impact Fee and administrative charge which shall be paid by the Feepayer. c. In the case of Development Activity involving a change of use or magnitude of use in which a Building Permit is required, the proposed Development shall be required to pay an Impact Fee only for the increase in the Development Activity. The Impact Fee shall be the difference between the computed Impact Fee for the proposed Development Activity and the computed Impact Fee for the Existing Development Activity. Any Building Permit which expires or is revoked after the effective date of this Ordinance and for which a fee has not previously been paid under this Ordinance shall be required to comply with the provisions herein. No refunds will be given for proposed Development Activity resulting in a negative fee calculation. d. If the type of Activity within a proposed or current Development is not specified, the City Manager or his designee shall use the Activity most nearly comparable in computing the fee. e. In detennining Existing Development Activity and the Units or square feet Amending Police: Impect 00:1 -2- of proposed or Existing Development, the Building, Zoning and Planning Department shall use the Building Permit and the certificate of use information contained in the building or zoning records of Dade County or the City". Section 2. A,pplicability. Except as otherwise provided herein all other provisions of Ordinance #97-17 shall remain in full force and effect until otherwise modified or replaced by the City Commission. Section 3. Rej)e8l of Conflictinv Provisions. Any provision of Ordinance #97-17 of the City of Sunny Isles Beach in conflict with the provisions of this ordinance is hereby repealed. Section 4. Severability. The provisions of this Ordinance are declared to be severable and if any section, sentence, clause or phrase of this Ordinance shall for any reason be held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining sections, sentences, clauses, and phrases of this Ordinance but they shall remain in effect, it being the legislative intent that this Ordinance shall stand notwithstanding the invalidity of any part. Section 11. Effective Date. This Ordinance shall take effect ten days after adoption on second reading. ~ PASSED AND ADOPTED on first reading the 26 day of PASSED AND ADOPTED on second reading this 1"2..- -&- day 1998. 1998. ATTEST: ~~~~~~~ Richard Brown-MO~ ~!'. (~ .~~ ,'.. _/\'.. 'K-l\.... , '{"'\ ... . t, . t .. ~ "I ., W 'S1it"'"-' : ; ~ ~~~ * .."...1\ ~ A---"-PoIiceT-..-, '. ~\_ '.~ '" -3- ~ ........".-UlU t ~ _ ,.. t , , ' .... ". ,'" ~ It r' f- .' . .- .> APPROVED AS TO FORM AND LEGAL SUFFICIENCY: ~.d-1~'~omey Vote: Mayor Samson Vice-Mayor Turetsky Commissioner Iglesias Commissioner Kauffinan Commissioner Morrow Ama1dina Police Impect <lid Motion on Second Reading by: Second on Second Reading by: ~es) ~es) ~es) _(yes) V(Yes) _(no) _(no) _(no) _(no) _(no) -4- ~W\W\,'S\i. ~ kct.M.~~ ~ssi~ 1=~