§ 56.23. Appeals of Impact Fee Determinations.
A.
Any person desiring to appeal an administrative decision regarding a determination relating to the payment of transportation impact fees or credits shall file a written Notice of Appeal with the Transportation Impact Fee Coordinator. Said Notice shall be filed within thirty (30) days of the decision sought to be appealed. A required processing fee, as established from time-to-time by City Council, shall be submitted with the Notice of Appeal in order to defray actual administrative costs associated with processing the transportation impact fee appeals.
B.
All Notices of Appeal shall include a full explanation of the reasons for the appeal, specifying the grounds therefor, and containing any documentation which the applicant desires to be considered. The appeal shall contain the name and address of the person(s) filing the appeal and shall state their capacity to act as a representative or agent if they are not the owner of the property to which the transportation impact fees or credit(s) pertain.
C.
Within thirty (30) days following the receipt of the written Notice of Appeal, the Transportation Planning Division Manager will review the Appellant's written report, supporting documentation and departmental staff reports. The thirty (30) day review period may be extended if additional information is needed from the Appellant in order to render a decision. Upon completion of the administrative review, the Transportation Planning Division Manager will provide a written response to the Appellant.
D.
Any person desiring to appeal the determination of the Transportation Planning Division Manager shall file a written Notice of Appeal to the Chief Administrative Officer for the City within fifteen (15) days following receipt of the determination. Receipt shall be construed to have occurred when the administrative determination is deposited in the United States mail postage prepaid to the person whose name and address was identified in the original Notice of Appeal. Within thirty (30) days following actual receipt of the written Notice of Appeal, the Chief Administrative Officer or his/her designee will review the Appellants' written report, supporting documentation and departmental staff reports. Upon completion of the administrative review, the Chief Administrative Officer or his/her designee will provide a written determination to Appellant.
E.
Any person desiring to appeal the final administrative determination of the Chief Administrative Officer regarding the payment of transportation impact fees or credits shall file a written Notice of Appeal to City Council. Said Notice of Appeal to City Council shall be filed with the Chief Administrative Officer for the City within fifteen (15) days following receipt of the Chief Administrative Officer's final administrative determination. Receipt shall be construed to have occurred when the administrative determination is deposited in the United States mail postage prepaid to the person whose name and address was identified in the original Notice of Appeal.
F.
All Notices of Appeal shall include a full explanation of the reasons for the appeal, specifying the grounds therefore, and containing any documentation which the applicant desires to be considered. The appeal shall contain the name and address of the person(s) filing the appeal and shall state their capacity to act as a representative or agent if they are not the owner of the property to which the transportation impact fees or credit pertain.
G.
The City Clerk is responsible for scheduling transportation impact fee appeals before the City of Orlando City Council and will provide at least ten (10) days notice to the applicant of the date of the designated meeting. Postponements of the City Council appeal date may be granted by the City Clerk if they are requested in writing at least ten (10) days in advance of the scheduled City Council meeting date.
H.
When an Appeal is scheduled for oral presentation before the City Council, the Appellant and the City staff shall each be given five (5) minutes at the oral argument to present the Appeal and to discuss the submitted written record.
(Ord. of 8-25-1986, Doc. #20552; Ord. of 9-11-2006, § 1, Doc. #0609111005; Ord. of 8-30-2010, § 12, Doc. #1008301103; Ord. No. 2012-40, § 1, 10-22-2012, Doc. #1210221201)
Exhibit "A"
CITY OF ORLANDO
IMPACT FEE RATE SCHEDULE:Smart Growth District: Area 1A Area 1B Area 2 Area 3 MMTIF District: Downtown City Other Residential Fee Basis Single Family /Unit $3,309 $3,818 $3,818 $3,818 Multi-Family /Unit $2,190 $2,527 $2,527 $2,527 Mobile Home /Unit $1,220 $1,409 $1,409 $1,409 Senior Adult Housing - Detached /Unit $1,084 $1,246 $1,246 $1,246 Assisted Living /Bed $415 $483 $483 $483 Lodging Hotel /Room $2,196 $2,533 $2,533 $2,533 Motel /Room $1,197 $1,375 $1,375 $1,375 Resort Hotel /Room $1,351 $1,556 $1,556 $1,556 Recreation Movie Theatre/Live Theatre /1,000 sq. ft. $9,420 $10,898 $10,898 $10,898 Amusement (Theme) Park /Acre $28,078 $32,375 $32,375 $32,375 Health/Fitness Club/Indoor Rec /1,000 sq. ft. $10,159 $11,711 $11,711 $11,711 Institutional Elementary School (Grades K-8) /1,000 sq. ft. $3,370 $3,546 $3,546 $3,546 High School /1,000 sq. ft. $3,163 $3,332 $3,332 $3,332 Junior Community College /1,000 sq. ft. $10,490 $11,028 $11,028 $11,028 University /1,000 sq. ft. $15,321 $16,104 $16,104 $16,104 Day Care /1,000 sq. ft. $6,840 $7,196 $7,196 $7,196 Hospital /1,000 sq. ft. $5,388 $5,662 $5,662 $5,662 Nursing Home /1,000 sq. ft. $1,089 $1,146 $1,146 $1,146 Funeral Home/ Church /1,000 sq. ft. $3,456 $3,631 $3,631 $3,631 Bus Terminal /1,000 sq. ft. $9,267 $9,738 $9,738 $9,738 Office General Office 100,000 or less /1,000 sq. ft. $4,030 $4,237 $4,237 $4,237 General Office 100,000 - 200,000 /1,000 sq. ft. $3,434 $3,610 $3,610 $3,610 General Office 200,000 or more /1,000 sq. ft. $2,931 $3,082 $3,082 $3,082 Medical/Dental Office /1,000 sq. ft. $11,339 $11,919 $11,919 $11,919 Retail Retail < 99,999 GSF /1,000 sq. ft. $5,963 $6,265 $6,265 $6,265 Retail 100,000-199,999 GSF /1,000 sq. ft. $5,317 $5,591 $5,591 $5,591 Retail 200,000-299,999 GSF /1,000 sq. ft. $5,142 $5,422 $5,422 $5,422 Retail 300,000-399,999 GSF /1,000 sq. ft. $5,018 $5,281 $5,281 $5,281 Retail 400,000-499,999 GSF /1,000 sq. ft. $4,980 $5,243 $5,243 $5,243 Retail 500,000-999,999 GSF /1,000 sq. ft. $5,167 $5,439 $5,439 $5,439 Retail 1,000,000-1,249,999 GSF /1,000 sq. ft. $5,271 $5,541 $5,541 $5,541 Retail >1,250,000 GSF /1,000 sq. ft. $5,481 $5,774 $5,774 $5,774 Vehicle/Auto Sales /1,000 sq. ft. $6,891 $7,250 $7,250 $7,250 Auto Parts & Service /1,000 sq. ft. $14,295 $15,031 $15,031 $15,031 Tire Store /1,000 sq. ft. $4,090 $4,300 $4,300 $4,300 Supermarket /1,000 sq. ft. $7,409 $7,790 $7,790 $7,790 Convenience Market /1,000 sq. ft. $26,974 $28,513 $28,513 $28,513 Home Improvement Superstore /1,000 sq. ft. $2,976 $3,127 $3,127 $3,127 Discount Home Furnishing Superstore /1,000 sq. ft. $2,405 $2,529 $2,529 $2,529 Pharmacy/Drugstore /1,000 sq. ft. $3,806 $3,996 $3,996 $3,996 Furniture Store /1,000 sq. ft. $1,064 $1,116 $1,116 $1,116 Bank w/drive-thru /1,000 sq. ft. $11,200 $11,774 $11,774 $11,774 Quality Restaurant /1,000 sq. ft. $13,830 $14,558 $14,558 $14,558 High-turnover Restaurant /1,000 sq. ft. $17,883 $18,821 $18,821 $18,821 Fast Food Rest. w/drive-thru /1,000 sq. ft. $38,208 $40,182 $40,182 $40,182 Auto Service/Gas Station /fuel position $4,505 $4,761 $4,761 $4,761 Industrial Industrial - Light /1,000 sq. ft. $2,102 $2,214 $2,214 $2,214 Industrial - Heavy /1,000 sq. ft. $452 $474 $474 $474 Manufacturing /1,000 sq. ft. $1,154 $1,213 $1,213 $1,213 Warehousing /1,000 sq. ft. $1,076 $1,130 $1,130 $1,130 Mini Storage /1,000 sq. ft. $447 $470 $470 $470 Transit Oriented Design (TOD) Varies Project Specific Policy Discount 50% (Ord. of 11-17-2008, Exh. A, Doc. #0811171102; Ord. of 4-13-2009, Exh. A, Doc. #0904131102; Ord. No. 2012-40, § 1, 10-22-2012, Doc. #1210221201)
(Ord. of 8-30-2010, § 13, Doc. #1008301103; Ord. No. 2012-40, § 1, 10-22-2012, Doc. #1210221201; Ord. No. 2013-40, § 1, 7-22-2013, Doc. #1307221201)
(Ord. No. 2012-40, § 1, 10-22-2012, Doc. #1210221201)