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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Ordinance are hereby repealed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
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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:
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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
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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
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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.
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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.
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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.
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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.
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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.
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