HomeMy WebLinkAbout973-07 Proportionate Fair Share 2007055348II VIII VIII VIII VIII VIII III I IIII0075
Rcpt: 1086492 Rec: 69.50
ORDINANCE NO 973-07 DS: 0.00 I T: 0.00
• 03/28/07 __ _.-_ Dpty C erk
AN ORDINANCE OF THE CITY COUNCIL OF. THE CITY OF
ZEPHYRHILLS, FLORIDA, RELATING TO PROPORTIONATE FAIR
SHARE TRANSPORTATION MITIGATION PROGRAM, BY ADDING TO
THE CITY OF ZEPHYRHILLS CODE OF ORDINANCES BY ENACTING A
NEW SECTION 5.04.03, "PROPORTIONATE FAIR-SHARE
TRANSPORTATION MITIGATION PROGRAM," SETTING FORTH THE
REQUIREMENTS OF THE PROPORTIONATE FAIR-SHARE MITIGATION
PROGRAM, PROVIDING FOR INTERGOVERNMENTAL
COORDINATION, SETTING FORTH THE APPLICATION PROCESS,
SETTING THE METHOD OF DETERMINATION OF PROPORTIONATE
FAIR-SHARE OBLIGATION, DETERMINATION OF .IMPACT FEE
CREDITS ' FOR PROPORTIONATE FAIR-SHARE MITIGATION,
PROVIDING FOR PROPORTIONATE FAIR-SHARE AGREEMENTS,
APPROPRIATION OF FAIR-SHARE REVENUES, AND CROSS
JURISDICTIONAL IMPACTS; BY ENACTING A NEW SECTION 5.04.04,
EXEMPTIONS FOR CONCURRENCY TEST; BY ENACTING A NEW
SECTION 5.04.05, LEVEL OF SERVICE STANDARDS FOR REQUIRED
SERVICES AND FACILITIES; PROVIDING FOR CONFLICTS,
SEVERABILITY AND FOR AN EFFECTIVE DATE.
WHEREAS, the 2005 amendments to Florida's growth management legislation require
that all local governments establish a method whereby the impacts of development o
transportation facilities can be mitigated by the cooperative efforts of the public and private
sectors; and
WHEREAS, the method by which local governments are required to implement suc
efforts is known as the Proportionate Fair Share Program, and is required by and set forth i
Section 163.3180(16), Florida Statutes; and
WHEREAS, the Proportionate Fair Share Program allows developers to proceed under
certain conditions, notwithstanding the failure of transportation concurrency, by contributing
their proportionate fair share of the cost of an impacted transportation facility; and
WHEREAS, adoption of the Proportionate Fair Share Program will contribute to the
provision of adequate public facilities for future growth and promotes a strong commitment to
comprehensive facilities planning, thereby reducing the potential for moratoria or unacceptable
levels of traffic congestion; and
WHEREAS, representatives of the City Zephyrhills, Florida have participated in the
drafting of an ordinance regarding proportionate share, and the City Council finds that the
ordinance appropriately meets the needs of the City and fulfills the requirement that the City
adopt a Proportionate Fair Share ordinance; and
WHEREAS, this ordinance promotes the general welfare of the City of Zephyrhills and
is consistent with Section 163.3180(16), Florida Statutes and the City's Comprehensive Plan.
SECTION ONE: Part 5.04.00, "Transportation System Level of Service" of the City o
Zephyrhills Land Development Code shall be amended to add new sections as follows:
J�� PYTTMAN, pASCQ COUNTY CL RK
03/28/07 04:21 m PG
5.04.03.01. Purpose and intent. OR BK 744
Pursuant to Chapter 163.3177(10)(h), Florida Statutes, public facilities and services needed to
support development shall be available concurrent with the impacts of such development. The .
Florida Administrative Rule implementing this statute, Rule 9J-5.0055, mandates the adoption o
concurrency management systems by a local government to ensure that the level of service
standards adopted through the comprehensive plan are maintained. Concurrency is a finding that
the public facilities and services necessary to support a proposed development are available, or
will be made available, concurrent with the impact of development. The provisions of this article
are designed to provide a systematic process for the review and evaluation of all proposed
Record and Return to:
City Clerk's Office
5335 8th Street
Zephyrhills, FL 33542
development for its, impact on basic public facilities and services in order to meet the
requirements of statutory concurrency requirements. The purpose of the Proportionate Fair-Share
option is to establish a method whereby the impacts of development on transportation facilities
may be mitigated by the cooperative efforts of the public and private sectors, to be known as the
Proportionate Fair-Share Program, as required by and in a manner consistent with
Chapter163.3180 (16), Florida Statutes.
5.04.03.02. Proportionate Fair-Share Transportation Mitigation Program.
(1) General Requirements
a. The Proportionate Fair-Share (PFS) Transportation Mitigation Program shall only apply
to developments in the City-of Zephyrhills that have been notified of a lack of capacity to
satisfy transportation concurrency.
b. An applicant may choose to satisfy the transportation concurrency requirements of the
City by making a proportionate fair-share contribution, pursuant to the following
requirements:
1. A determination by the city that the proposed development is consistent with the
comprehensive plan and applicable land development regulations; and,
2. A determination by the City that the five-year schedule of capital improvements in
the City capital improvement element (CIE) or County capital improvement program
(CIP) or FDOT Work Program includes a transportation improvement(s) that, upon
completion, will satisfy the requirements of the City transportation concurrency. The
provisions of section 5.04.03.02(1)c may apply, at the discretion of the City, if a
project or projects needed to satisfy concurrency are not presently contained within
the City CIE, County CIP or FDOT Work Program.
c. The City may choose to allow an applicant to satisfy transportation concurrency through
— the-Proportionate-Fair--Share--Program-by- contributing-to-an---improvement--that-upon---- - —
completion, will satisfy the requirements of the City transportation concurrency, but is
not contained in the five-year schedule of capital improvements in the City CIE, County
CIP or FDOT Work Program where one of the following apply:
1. The City adopts, by resolution or otherwise, a commitment to add the improvement to
the five-year :schedule of capital improvements in the CIE no later than the next
regularly scheduled update. To qualify for consideration under this section, the
proposed improvement must be reviewed by the City's Engineer or his designee and
be determined to be financially feasible, to be consistent with the comprehensive
plan, and to be in compliance with the provisions of this code.
2. The County adopts, by resolution or otherwise, a commitment to add the
improvement to the five-year schedule of capital improvements in their CIP no later
than the next regularly scheduled update. To qualify for consideration under this
section, the proposed improvement must be reviewed by the County Engineer or his
designee and be determined to be financially feasible and the City must determine
that the improvement is consistent with the City's comprehensive plan and in
compliance with the provisions of this code.
3. The FDOT accepts a proportionate fair-share payment (as demonstrated by an
executed agreement between the developer, the FDOT, and the City) and the City
determines the improvement is consistent with the City's comprehensive plan and in
compliance with the provisions of this code.
4. If the funds allocated for the five-year schedule of capital improvements in the City
CIE are insufficient to fully fund construction of a transportation improvement
required to meet concurrency. The City may still enter into a binding proportionate
fair-share agreement with the applicant authorizing construction of that amount of
development on which the proportionate fair-share is calculated if the proportionate
fair-share amount in such agreement is sufficient to pay for one or more
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OR BK 7440 PG 1889
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improvements which will, in the opinion of the City, in consultation with the agency
maintaining the facility, significantly benefit the impacted transportation system.
The improvement or improvements funded by the proportionate fair-share payment must
be adopted into the five-year capital improvements schedule of the maintaining agency
receiving the payment at their next annual capital improvements update.
d. Any improvement project proposed to meet the developer's fair-share obligation must
meet design standards of the improved facility's maintaining agency
(2) Intergovernmental Coordination
a. Pursuant to policies in 'the Intergovernmental Coordination Element of the City
comprehensive plan the City shall coordinate with affected jurisdictions, including
FDOT, regarding mitigation to impacted facilities not under the jurisdiction of the City.
An interlocal agreement may be established with other affected jurisdictions for this
purpose.
b. In addition to the City and the applicant, Proportionate Fair-Share Agreements may
include other maintaining agencies, including but not limited to Pasco County and FDOT.
Proportionate Fair-Share payments for non-Zephyrhills facilities shall be made to the
appropriate maintaining agency.
(3) Application Process
a. Upon notification of a lack of capacity to satisfy transportation concurrency, the applicant
shall also be notified in writing of the opportunity to satisfy transportation concurrency
through the Proportionate Fair-Share Program pursuant to the requirements of section
5.04.03.02(1).
b. :Ptior to submitting an -application for a proportionate: fair-share agreement, a pre-
application meeting shall be held to discuss eligibility, application submittal
requirements, potential mitigation options, and related issues. If the impacted_facility is
maintained by another party (e.g., Pasco County or FDOT) they will be notified and
invited to participate in the pre-application meeting.
c. Eligible applicants shall submit an application to the City that, at a minimum, includes
the following:
1. Name, address and phone number of owner(s), developer and agent;
2. Copy of completed Concurrency Application and Traffic Impact Analysis (TIA) (if a
TIA was required);
3. -Copy of the Concurrency Test Results form; and,
4. Description of requested proportionate fair-share mitigation method(s), including
documentation of improvement cost estimates prepared, signed, and sealed by a
registered Professional Engineer.
d. The City's Engineer or his designee shall review the application and certify that the
application is sufficient and complete within 14 business days. If an application is
determined to be insufficient, incomplete or inconsistent with the general requirements of
the Proportionate Fair-Share Transportation Mitigation Program as indicated in section
5.04.03.02(1), then the applicant will be notified in writing of the reasons for such
deficiencies within 10 business days of submittal of the application. If such deficiencies
are not remedied by the applicant within 30 days of receipt of the written notification,
then the application will be deemed abandoned. The Director of Development, or their
designee, in their discretion, may grant an extension of time not to exceed 60 days to cure
such deficiencies, provided that the applicant has shown good cause for the extension and
has taken reasonable steps to effect a cure.
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e. Proposed proportionate fair-share mitigation for development impacts to facilities on the
FDOT Strategic Intermodal System (SIS) (as determined by a City approved Traffic
Impact Analysis) requires the concurrence of the FDOT. The applicant shall submit
.evidence of an agreement between the applicant and the FDOT for inclusion in the
proportionate fair-share agreement.
f. When a proportionate fair-share application is deemed sufficient, complete, and eligible,
the applicant shall be advised in writing and a proposed proportionate fair-share
obligation and binding agreement will be prepared by the City or the applicant with
direction from the City and delivered to the appropriate maintaining parties (e.g., Pasco
County or FDOT) for review, no later than 60 days from the date at which the applicant
received the notification of a sufficient application and no fewer than 14 days prior to the
Council meeting when the agreement will be considered.
g. The City shall notify the applicant regarding the date of the Council meeting when the
agreement will be considered for final approval. No proportionate fair-share agreement
will be effective until approved by the Council.
(4)Determining Proportionate Fair-Share Obligation
a. Proportionate fair-share mitigation for concurrency impacts may include, without
limitation, separately or collectively, private funds, contributions of land, and
construction and contribution of facilities.
b. A development shall not be required to pay more than its proportionate fair-share. The
fair market value of the proportionate fair-share mitigation for the impacted facilities
shall not differ regardless of the method of mitigation.
c. The methodology used to calculate an applicant's proportionate fair-share obligation shall
be as follows:
"The-cumulative number of P.M. peak hour peak direction trips from the proposed
development expected to reach roadways during P.M. peak hour from the complete build
out of a stage or phase being approved, divided by the change in the peak hour peak
direction maximum service volume (MSV) of roadways resulting from construction of an
improvement necessary to maintain the adopted LOS, multiplied by the construction cost,
at the time of developer payment, of the improvement necessary to maintain the adopted
LOS."
OR
Proportionate Fair-Share [[(Development Trips;)/(SV Increase;)] x Cost;
Where:
Development Trips;= Those trips from the stage or phase of development under review
that are assigned to roadway segment "i" and have triggered a
concurrency deficiency.
SV Increase;= Service volume increase provided by the eligible improvement to
roadway segment"i"per section 5.04.03.02(1);
Cost;_ `Adjusted cost of the improvement to' segment "i". Cost shall
include all improvements and associated costs, such as design,
.right-of-way acquisition, planning, engineering, inspection, and
physical development costs directly associated with construction at
the anticipated cost in the year it will be incurred.
d. For the purposes of determining proportionate fair-share obligations, the City shall
determine improvement costs based upon the actual cost of the improvement as obtained
from the City CIE, the County's CIP or the FDOT Work Program. Where such
information is not available, improvement cost shall be determined using a generally
accepted engineering method approved by the City's Consultant Engineer or his designee
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•
OR BK 7440 PG 1891
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or City Consultant Engineer or their designee with concurrence from the maintaining
agency.
e. If the City has accepted an improvement project proposed by the applicant, then the value
of the improvement shall be determined using one of the methods provided in this
section.
f. If the City has accepted right-of-way dedication for the proportionate fair-share payment,
credit for the dedication of the non-site related right-of-way shall be based on the fair
market value established by an independent appraisal approved by the City and at no
expense to the City. The applicant shall supply a drawing and legal description of the
land and title insurance for the land to the City at no expense to the City. If the estimated
value of the right-of-way,dedication proposed by the applicant; is less than the City
estimated total proportionate fair-share obligation for that development, then the
applicant must also pay the difference. Prior to purchase or acquisition of any real estate
or acceptance of donations of real estate intended to be used for the proportionate fair-
share, public or private partners should contact the FDOT for essential information about
compliance with federal law and regulations.
(5)Impact Fee Credit for Proportionate Fair-Share Mitigation
a. Proportionate fair-share contributions to the City shall be applied as a credit against City
impact fees to the extent that all or a portion of the proportionate fair-share mitigation is
used to address the same capital infrastructure improvements contemplated by the City's
impact fee ordinance.
b. City impact fee credits for the proportionate fair-share contribution will be,determined
when the transportation impact fee obligation is calculated for the proposed development.
City impact fees owed by the applicant will be reduced per the Proportionate Fair-Share
Agreement. If the applicant's proportionate fair-share obligation is less. than the
development's anticipated City road impact fee for the specific stage or phase of
development under review, then the applicant or its successor must pay the- remaining
City impact fee amount to the City pursuant to the requirements of the City impact fee
ordinance.
c. Major projects not included within the City's impact fee ordinance or created under
section 5.04.03.02(1)c.1-4 which can demonstrate a significant benefit to the impacted
transportation system may be eligible at the City's discretion for impact fee credits.
d. The proportionate fair-share obligation is intended to mitigate the transportation impacts of
a proposed development at a specific location. As a result, any City road impact fee
credit based upon proportionate fair-share contributions for a proposed development
cannot be transferred to any other location.
(6)Proportionate Fair-Share Agreements
a. Upon City Council approval of a proportionate fair-share agreement (PFS Agreement)
the applicant shall receive a City certificate of concurrency approval. Should the
applicant fail to receive final site plan approval within 12 months of the execution of the
PFS Agreement, then the .PFS Agreement shall be considered null and void,, and the
applicant shall be required to reapply if they elect to pursue their development.
b. Payment of the proportionate fair-share contribution is due in full within 90 days of
approval of the site plan or upon issuance of the building permit, whichever occurs first
and shall be non-refundable. If the payment is submitted more than six (6) months from
the date of execution of the PFS Agreement,then the proportionate fair-share cost may, at
the City's discretion, be recalculated at the time of payment based on the best estimate of
the construction cost of the required improvement at the time of payment, pursuant to
section 5.04.03.02(4) and adjusted accordingly.
c. All developer off-site improvements authorized under this ordinance must be completed
prior to issuance of a building permit, or as otherwise established in a binding agreement
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OR < 744w P r .% 1892
• -
6
that is accompanied by a security instrument acceptable to the City Attorney that is
sufficient to ensure the completion of all required improvements within three (3) years
from the issuance of a building permit.
d. Dedication of necessary right-of-way for facility improvements pursuant to a
proportionate fair-share agreement must be completed prior to issuance of the final site
plan approval or the final plat.
e. Any requested change to a development project subsequent to a development order may
be subject to additional proportionate fair-share contributions to the extent the change
would generate additional traffic that would require mitigation.
f. Applicants may submit a written request to withdraw from the proportionate fair-share
agreement at any time prior to the execution of the agreement.'
g. The City may enter into proportionate fair-share agreements for selected improvements to
facilitate collaboration among multiple applicants on improvements to a shared
transportation facility.
h. Projects not pursued during the pendency of a valid site plan and/or building permit shall
be entitled to a credit of 85% of funds paid where the.City has not constructed or entered
into an agreement with a third party to construct the identified improvement which credit
shall be applied to the proportionate share requirement of subsequent project(s); where
the identified improvement has been constructed or committed to be constructed no credit
shall be given except to the extent a new project would require the same improvements
and then not to exceed 85% of the previous payment.
(7) Appropriation of Fair-Share Revenues
a. Proportionate fair-share revenues received by the City shall be placed in the appropriate
project account for funding of scheduled improvements in the City CIE, or as otherwise
established in the tenns of the proportionate fair-share agreement. At the discretion of
the City, proportionate fair-share revenues may be used for operational improvements
prior to construction of the capacity project from which the proportionate fair-share
revenues were derived.
b. In the event a scheduled facility improvement is removed from the CIE, then the
revenues collected for its construction may be applied toward the construction of another
improvement within that same corridor or sector that would, in the opinion of the City,
mitigate the impacts of development.
c. Where an impacted regional facility has been designated as a regionally significant
transportation facility in an adopted regional transportation plan, the City may coordinate
with other impacted jurisdictions and agencies to apply proportionate fair-share
contributions and public contributions to seek funding for improving the impacted
regional facility under the FDOT Transportation Regional Incentive Program (TRIP).
Such coordination shall be ratified by the City through an interlocal agreement that
establishes a procedure for earmarking of the developer contributions for this purpose.
d. Where an applicant constructs a transportation facility that exceeds the applicant's
proportionate fair-share-obligation calculated under section 5.04.03.02(4), the City shall
reimburse the applicant for the excess contribution using one or more of the following
methods:
1. An impact fee credit account may be established for the applicant in the amount of
the excess contribution, a portion or all of which may be assigned and reassigned
under the terms and conditions acceptable to the City.
2. The excess capacity may be reserved by the City and an account may be established
for the applicant for the purpose of reimbursing the applicant for the excess
contribution with proportionate fair-share payments from future applicants on the
facility.
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OR BK 7440 PG 1893
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3. The City may compensate the applicant for the excess contribution through payment
or some combination of means acceptable to the City and the applicant.
4. Impact fee credits must be utilized within five (5) years from the date of acceptance
by the City and reserved express capacity must be utilized consistent with the time
limits for capacity reservations.
(8) Cross Jurisdictional Impacts
In the interest of intergovernmental coordination and to reflect the shared responsibilities for
managing development and concurrency, the City may enter into a cross jurisdictional
;impact agreement with;one,or more adjacent local governments, or the Florida Department of
Transportation, to address_ ..cross jurisdictional impacts, -of development on regional
transportation facilities. The agreement shall identify the methodology for addressing cross
jurisdictional transportation impacts. The City shall notify the applicant if the applicant's
transportation concurrency determination-is subject to assessing cross jurisdictional impacts
and the applicant shall be subject to the requirements of the applicable cross jurisdictional
impact agreement.
5.04.04. Exemptions for concurrency test.
(1) The following development orders and permits are exempt from this article, and may
commence development without applying for concurrency review:
a. Any addition to a residence; l
b. Interior completion of a shell-only structure for uses with same or less intensity as
identified on an approved site plan;
c. Interior renovations with equal or less impact on public facilities;
d. Accessory structure to a residence;
e. Storage addition to a nonresidential use; -
f Replacement structure except for a nonconforming use in accordance with land
development code provisions on nonconforming uses;
g. Temporary construction trailers;
h. Wells and septic tanks; -
i. Driveway or resurfacing, parking lot paving and similar paving projects (i.e., loading
docks);
j. Re-roofing of structures;
k. Demolitions;
1. Occupational license for a change in tenant space similar to the previous business
tenant in that space with equal or less impact on public facilities;
in. Single-family and duplex residences on lots which are platted.
n. The following conditional use category items: -
(1) Public utility and service structures; -
(2) Attached or detached guest house to a residence;
(3) Accessory parking for passenger vehicles when intended for..a permitted
adjacent commercial use; - .
o. Change of use(s) which is determined by the city to cause less impacts on public
facilities than the existing use.
p. Accessory use to an existing use/structure which is determined by the city to cause no
added impacts on public facilities.
q. Minor plats that do not increase density or intensity.
r. Development that creates "de minimus" impact on public facilities.
5.04.05. Level of service standards for required services and facilities.
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OR BK 44 1894
•
The adopted level of service standards for those public facilities for which concurrency is
required shall be as established in the city's comprehensive plan, City Plan 2010, under the following
cited policies:
Potable water: PUB 1-2-1
Sanitary sewer: PUB 2-4-1
Solid waste collection: PUB 3-2-3
Parks and recreation: REC 1-1-1
Drainage: PUB pg. 8
Roads: IRA 1-1-1
SECTION TWO: CONFLICTS. Any and all ordinances or parts of ordinances in conflict
herewith be and the same are hereby repealed to the extent of the conflict.
SECTION THREE: SEVERABILITY. If any provision of this ordinance or the
application thereof to any person or circumstance is held invalid, the invalidity shall not affect
other provisions or applications of the ordinance which can be given effect without the invalid
provision or application, and to this end the provisions of this ordinance are declared severable.
SECTION FOUR: EFFECTIVE DATE. This ordinance shall become effective upon
passage on the third reading and signing by.the Mayor.
The foregoingOrdipance No. 973-07 was read and passed on the first reading in an open and
regular meeting o the-.City Council of the City of Zephyrhills, Florida, on this 12th day of
February, 2007.
Attest: •"
Linda D. Bo City Clerk C de C. Bracknell, Council President
The foregoing Ordinance No. 973-07 was read and passed on the second reading, following a
public hearing, in an open and regular meeting of the City Council of the City of Zephyrhills,
Florida, on,this..2,6th day of February, 2007.
Attest: `'Q-�/. Gc� z C
Lit d DBoari, City Clerk C de C. Bracknell, Council President
The 'foregoing.'Ordinance No. 973-07 was read and passed on the third reading, following a
public hearing,,in an open and regular meeting of the City Council of the City of Zephyrhills,
Florida;.ori.this'12t1'. day of March, 2007.
Attest: ��
L ii d D. Boan, City Clerk C de C. Bracknell, Council President
The'fozegoing-Otddiance No. 973-07 was approved byme*-this 12th day of March, 2007.
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l 0-
W. Cliff Du fie, or
Approved as to legal form and legal content
Joseph A. Poblick, City Attorney
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