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HomeMy WebLinkAbout4030 Ordinance No. 4030 An ordinance of the City of Sanford, Florida providing for amendments to Schedule "Q" of the City of Sanford CodeILand Development Regulations relating to level of service requirements and methodologies and the "City of Sanford Proportionate Fair-Share Program" in accordance with the provisions of State law; providing for purpose and intent; providing for legislative findings; providing for applicability; providing for requirements; providing for application process; providing for determinations of proportionate fair-share obligations; providing for a proportionate fair share formula; providing for impact fee credits for proportionate fair-share mitigation; providing for the appropriate of fair-share revenues; providing for intergovernmental coordination; repealing all conflicting ordinances; providing for severability; providing for codification and providing for an effective date. Be it enacted by the People of the City of Sanford, Florida: Section 1. New Section 5.0 of Schedule "Qn of City of Sanford Code/Land Development Regulations/Level of Service Requirements and Methodologies. (a). A new Section 5.0 to Schedule "Q of the City of Sanford CodelLand Development Regulations is hereby created to read as set forth in the Exhibit to this Ordinance which, by this reference thereto is, incorporated herein as if fully set forth herein verbatim. (b). The City Commission of the City of Sanford hereby finds and determines that the amendments set forth in this Ordinance are consistent with the Comprehensive Plan of the City of Sanford and the controlling provisions of State law. (c). The City Commission of the City of Sanford hereby finds and determines that it has taken all actions relating to the amendments set forth herein in accordance with the requirements and procedures mandated by State law. Section 2. Conflicts. All ordinances or part of ordinances in conflict with this Ordinance are hereby repealed Section 3. Severability. If any section, sentence, phrase, word, or portion of this Ordinance is determined to be invalid, unlawful or unconstitutional, said 1 determination shall not be held to invalidate or impair the validity, force or effect of any other section, sentence, phrase, word, or portion of this Ordinance not otherwise determined to be invalid, unlawful, or unconstitutional. Section 4. Codification. It is the intention of the City Commission of the City of Sanford, Florida, and it is hereby ordained that the provisions of this Ordinance as set forth in the Exhibit shall become and be made a part of the Code of Ordinances of the City of Sanford, Florida; that the Sections of this Ordinance may be renumbered or re-entered to accomplish such intention; that the word, "Ordinance," may be changed to "Section," "Article," or other appropriate word; provided, however, that Sections 1 (except for the Exhibit), 2, 3, 4 and 5 shall not be codified. Section 5. Effective Date. This Ordinance shall take immediate effect upon enactment. Passed and adopted this 27th day of November, 2006. City Commission of the City of Sanford, Florida Attest: ~O~he*~ r, ----V' ~ <:..., . .~~ . Linda Ku ,Mayor ~ Certificate I, Janet R. Dougherty, City Clerk of the City of Sanford, Florida, do hereby certify that a true and correct copy of the foregoing Ordinance No. 4030, Passed and Adopted by the City Commission of the City of Sanford, Florida, on the 27th day of November, 2006, was posted at the front door of the City Hall in the City of Sanford, Florida, on the 29th day of November, 2006. ~,<.~~ anet R. Dougherty As the City Clerk of the City of Sanford, Florida 2 SECTION 5.0 PROPORTIONATE FAIR-SHARE MITIGATION OF DEVELOPMENT IMPACTS ON TRANSPORTATION CORRIDORS A. Purpose and Intent The purpose of this Section is to establish a method whereby the impacts of development on transportation facilities can be mitigated by the cooperative efforts of the public and private sectors, to be known as the "City of Sanford Proportionate Fair-Share Program" or "PFSP", as required by and in a manner consistent with ~163.3180(16), F. S. B. Legislative Findings 1. Transportation capacity is a commodity that has a value to both the public and private sectors and the City. 2. Transportation capacity is an integral part of the PFSP. 3. The PFSP provides a method by which the impacts of development on transportation facilities can be mitigated by the cooperative efforts of the public and private sectors. 4. The PFSP allows developers to proceed under certain conditions, notwithstanding the failure of transportation concurrency, by contributing their proportionate fair- share of the cost of a transportation facility. 5. The PFSP contributes 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; 6. The PFSP maximizes the use of public funds for adequate transportation facilities to serve future growth, and may, in certain circumstances, allow the City to expedite transportation improvements by supplementing funds currently allocated for transportation improvements in the Capital Improvements Element (CIE). C. Applicability The PFSP shall apply to all developments in the City that have been notified of a lack of capacity to satisfy transportation concurrency on a transportation facility in the City's Concurrency Management System (CMS), including transportation facilities maintained by FOOT or another jurisdiction that are relied upon for concurrency determinations, pursuant to the requirements of Subsection F. The PFSP does not apply to developments of regional impact (ORIs) using proportionate fair-share under ~163.3180(12), F.S., or to developments exempted from concurrency as 1 provided in the City's Comprehensive Plan Objective 2-1.8: Transportation Concurrency Exception Area and Objective 8-1.4 Concurrency Management. D. General Requirements 1. 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: a. The proposed development is consistent with the City's Comprehensive Plan and all applicable land development regulations. b. The City's five-year capital improvement program (CIP) or the long-term schedule of capital improvements for an adopted long-term CMS includes a transportation improvement(s) that, upon completion, will accommodate additional traffic generated by the proposed development. 2. The City may allow an applicant to satisfy transportation concurrency through the PFSP by contributing to an improvement that, upon completion, will accommodate additional traffic generated by the proposed development but is not contained in the CMS where one of the following apply: a. The City adopts by resolution a commitment to add the improvement to the five-year CIP in the crn of the City's Comprehensive Plan or the long-term schedule of capital improvements for an adopted long-term CMS no later than the next regular update. To qualify for consideration under this Subsection, the proposed improvement must be reviewed by the City Commission or its designee and must be determined to be financially feasible consistent with the City's Comprehensive Plan, and in compliance with the provisions of this Section. Financial feasibility means that additional contributions, payments or funding sources are reasonably anticipated during a period not to exceed ten (10) years to fully mitigate impacts on the transportation facilities. b. If the funds in the adopted five-year CIP are insufficient to fully fund construction of a transportation improvement required by the CMS, the City may require a proportionate fair-share payment for another improvement which will, the City determines will significantly benefit the impacted transportation system. The improvement or improvements funded by the proportionate fair-share component must be adopted into the five-year CIP of the City's Comprehensive Plan at the next annual crn update. 3. Any improvement project proposed to meet a developer's fair-share obligation must meet generally accepted design standards of the jurisdiction that has responsibility for the construction and maintenance of the transportation facility. 2 E. Application Process 1. Upon notification of a failure to satisfy transportation concurrency, the Administrative Official shall notify the applicant in writing of the opportunity to satisfy transportation concurrency through the PFSP. 2. Prior to submitting an application for a proportionate fair-share agreement, a pre- application meeting shall be held between the City and the developer to discuss eligibility, application submittal requirements, potential mitigation options and related issues. If the impacted facility is on the Strategic Intermodal System (SIS), then the Florida Department of Transportation (FOOT) will be notified and invited to participate. If the impacted facility is maintained by another jurisdiction, then that jurisdiction will be notified and invited to participate. 3. Eligible applicants shall submit an application to the City that includes, at a minimum and in addition to an application fee established by resolution of the City Commission, the following: a. Name, address, and phone number of owner, developer and agent; b. Property location, including parcel identification numbers; c. Legal description and survey of the property; d. project description, including type, intensity and amount of development; e. Phasing schedule, if applicable; f Description of requested proportionate fair-share mitigation methods. g. If applicable, evidence of an agreement between the applicant and the FOOT if the facility is an SIS roadway or evidence of an agreement with the jurisdiction responsible for the maintenance of the roadway. h. A proposed proportionate fair-share agreement prepared by the applicant including, but not be limited to, the amount of payment, description of work and timing of payment. 4. The application for a proportionate fair-share agreement shall be processed in conjunction with the development's application for development approval. The City Attorney shall also review the proportionate fair-share agreement. F. Determining Proportionate Fair-Share Obligation 1. 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. 2. 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. 3 3. The methodology used to calculate an applicant's proportionate fair-share obligation shall be as provided for in ~163.3180(12), F .S., as follows: Proportionate Fair Share = 1:[ [(Development TripSt) / (SV Increase.)] x Cost.] Where: Development TripSi = SV IncreasCj = Costi = Those trips from the stage or phase of development under review that are assigned to roadway segment "i" and have triggered a deficiency per the CMS. (Only those trips that trigger a deficiency are included.) Service volume increase provided by the eligible improvement to roadway segment "i" per Subsection F. 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. 4. For the purposes of determining proportionate share obligations, the City shall determine improvement costs based upon the actual cost of the improvement as obtained from the CIP, FDOT Work Plan or from the FDOT Transportation Costs manual. For State road improvements not included in the adopted FDOT Work Program, cost estimates shall be determined by the FDOT . 5. Improvement costs shall be escalated by the following formula: Costn = Costo X (1 + Cost -8fowth 3yrt Where: Costn = Costo = Cost -8fowth3yr = n= The cost of the improvements in year n; The cost of the improvement in the current year; The cost over the last three (3) years; The number of years until the improvement is constructed. The three-year growth rate shall be determined by the following formula: Cost-8fowth3yr = [Cost--8I"owth1 + Cost--8I"owth2 + Cost-8fowth3]/3 Where: Cost -8fowth3yr = COst-8fOwth-l = Cost -8fowth..2 = Cost -8fOwth..3 = The growth rate of costs over the last three (3) years; The growth rate of costs in the previous year; The growth rate of costs two (2) years prior; The growth rate of costs three (3) years prior. 4 6. If the City has accepted right-of-way dedication for all or a portion of the proportionate fair-share payment, credit for the dedication of the non-site related right-of-way shall be valued on the date of the dedication by the fair market value established by an independent appraisal from an appraiser with MAl designation approved by the City and at no expense to the City. The applicant shall supply a drawing and legal description of the land and a certificate of title or title search of 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. G. Impact Fee Credit for Proportionate Fair-Share Mitigation 1. Proportionate fair-share contributions shall be applied as a credit against impact fees if the proposed improvement is included in the City's CIP and is on the list of approved projects for arterial roads in the northern impact fee district in the most recent County Impact Fee Ordinance and Technical Report. Credits will be given for that portion of the impact fees that would have been used to fund the improvements on which the proportionate fair-share contribution is calculated. The City shall coordinate with Seminole County to determine the amount of the credit and the eligibility of the project. 2. Any road impact fee credit based upon proportionate fair-share contributions for a proposed development cannot be transferred to any other parcel or parcels of real property within the City or otherwise. H. Appropriation of Fair-Share Revenues 1. Proportionate fair-share revenues shall be placed in the appropriate account for funding of scheduled improvements or transferred to the jurisdiction having responsibility for the transportation facility improvements. 2. In the event a facility improvement is removed from the CIP, then the revenues collected for its construction may be applied toward the construction of another improvement within that same corridor that would mitigate the impacts of development pursuant to the requirements of Subsection D 2. b. 3. The City shall coordinate with other impacted jurisdictions and agencies to apply proportionate fair-share contributions and public contributions to seek funding for improving impacted regional facilities under the FDOT Transportation Regional Incentive Program. Such coordination shall be ratified by the City through an interlocal agreement that establishes procedures for earmarking a developer's contribution for this purpose. 5 I. Intergovernmental Coordination Pursuant to policies in the Intergovernmental Coordination Element of the City's Comprehensive Plan, the City shall coordinate with affected jurisdictions, including FDOT, regarding mitigation to impacted facilities not under the jurisdiction of the local government receiving the application for proportionate fair-share mitigation if the proposed development is located within one (1) mile of an area which is under the jurisdiction, for transportation concurrency, of an adjacent local government. An interlocal agreement may be entered with other affected jurisdictions for this purpose. 6