HomeMy WebLinkAboutOrdinance No. 20-2006ORDINANCE NO. 20-2006
AN ORDINANCE OF THE CITY OF CAPE CANAVERAL,
FLORIDA„ AMENDING CHAPTER 86, CONCURRENCY
MANAGEMENT SYSTEM, OF THE CODE OF
ORDINANCES; ESTABLISHING ARTICLE 11. OF CHAPTER
86, IMPLEMENTING A PROPORTIONATE FAIR SHARE
MITIGATION PROGRAM RELATED TO
TRANSPORTATION FACILITY IMPACTS PURSUANT TO
THE REQUIREMENTS OF FLORIDA LAW; MAEING
CONFORMING AND MISCELLANEOUS AMENDMENTS;
PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT
ORDINANCES AND RESOLUTIONS; INCORPORATION
INTO THE CODE; SEVERABILITY; AND AN EFFECTIVE
DATE.
WHEREAS, the City is granted the authority, under Section 2(b), Article V111, of the State
Constitution, to exercise any power for municipal purposes, except when expressly prohibited by
law; and
WHEREAS, the Florida Legislature adopted Chapter Law 2005 -290, Laws of Florida,
amending section 163.3 1 S 0, Florida Statutes, to require all local governments to adopt by ordinance
a methodology for assessing proportionate fair -share mitigation options related to impacts to the
City's transportation facilities caused by development by December 1, 2406; and
WHEREAS, the City Council of the City of Cape Canaveral Ends and determines that
transportation capacity is a commodity that has a value to both the public and private sectors; and
WHEREAS, a proportionate fair -share mitigation program 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; and
WHEREAS, a proportionate fair -share mitigation program would allow 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; and
WHEREAS, such program would contribute to the provision of adequate public facilities
for future growth and promote a strong commitment to comprehensive facilities planning, thereby
reducing the potential for moratoria or unacceptable levels of traffic congestion; and
WHEREAS, a proportionate fair -share mitigation program would maximize 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 of the
City of Cape Canaveral
Ordinance No. 20 -2005
Page I of 12
Cape Canaveral Comprehensive Plan; and
WHEREAS, the City Council finds this ordinance to be consistent with section
163.3180(16), Florida Statutes, and the City's Comprehensive Plan; and
WHEREAS, the City Council of the City of Cape Canaveral, Florida, hereby finds this
Ordinance to be in the best interests of the public health, safety, and welfare of the citizens of Cape
Canaveral.
BE IT ORDAINED by the City Council of the City of Cape Canaveral, Brevard
County, Florida, as follows:
Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by this
reference as legislative findings and the intent and purpose of the City Council of the City of Cape
Canaveral.
Section. 2. Code Amendment. Chapter 86, Concurrency Management System, of the Code of
Ordinances, City of Cape Canaveral, Florida, is hereby amended as follows underlined type
indicates additions and type indicates deletions, while asterisks indicate a deletion
from this ordinance of text existing in Chapter 86. It is intended that the text in Chapter 86 denoted
by the asterisks and set forth in this ordinance shall remain unchanged from the language existing
prior to adoption of this ordinance):
CHAPTER 86. CONCURRENCY MANAGEMENT SYSTEM
ARTICLE I. GENERAL
Secs. 86-14 -- 86 -20. Reserved.
ARTICLE I1. TRANSPORTATION FACILITY PR.OPORTIONATE FAIR -SHARE
MITIGATION PROGRAM
Sec. 86 -2I. Purpose and intent.
The u ose of this ordinance is to establish a method whereby the im acts of develo ment
on transportation facilities can be mitigated by the cooperative efforts of the public and orivate
sectors, to be known as "the Proportionate Fair -Share Program" as required by and in the manner
consistent with section 163.3 180(16h Florida Statutes.
See. 86-22. Applicability.
The Proportionate Fair -Share Pro am shall qpply apply to all developments in the Cit that have
City of Cape Canaveral
Ordinance No. 20 -2006
Page 2 of 12
been notified of a lack of ca acit to satisf trans ortation concurrent on a trans ortation facilzt
in the City's Concurrent Mana ernent System "CMS" , includin transportation facilities
maintained by FDOT or another 'urisdiction that are relied upon for concurrency determinations
p ursuant to the requirements of section 86 -23. The Pro ortionate Fair -Share Program does not a 1
to develo ments of - regional impact DRIs using - proportionate fair -share under section
16.3'.3180(12)., Florida Statutes or to developments that ma be exempted from concurrency as
p rovided in the City Code Comprehensive Plan or any other a licable law.
Sec. 86 -23. General requirements.
� 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:
The proposed development is consistent with the comprehensive plan and
applicable land development regulations.
The five -year schedule of capital improvements in the Capital Improvement
Element ( "CIE "1 of the City's Comprehensive Plan or the long -term schedule of
capital improvements for an adopted long -term CMS includes a transportation
improvements that, upon completion, will satisfy the requirements of the City
transportation CMS. The provisions of section 86 -23(b) mav gpply if a project or
projects needed to satisfy concurrency are not presently contained within the local
government CIE or an adopted long -term schedule of capital improvements.
b� The Citv may choose to allow an applicant to satisfv transportation concurrency
through the Proportionate Fair -Share Program by contributine to an improvement that upon
completion, will satisfv the requirements of the City transportation CMS, but is not
contained in the five -year schedule of capital improvements in the CIE or a long -term
schedule ofcapital improvements for an adopted longterm CMS, where the followin , apply:
The City resolution or ordinance a commitment to add the
improvement to the five-year schedule of ca ital imp rovements in the CIE or long --
term schedule of capital imp rovements for an ado ted Ion -term CMS no later than
the next re scheduled u - ndate. To qualify for consideration under this section,
the proposed im rovement must be reviewed by the City Council and determined to
be financiall feasible ursuant to section 163.3180 16 b 1 Florida Statutes
consistent with the com rehensive lap and in compliance with the provisions of this
Article. Financial feasibilily for this section means that additional contributions
p ayMents or funding sources are reasonably anticipated during a period not to exceed
10 years to fully mitigate iMpacts on the transportation facilities.
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
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Ordinance No. 20 -2006
Page 3 of 12
i= rovement re aired by the CMS, the City may still enter into a bindin
p roportionate fair - share agreement with the applicant authorizing construction of that
amount of development. on which the proortionate fair -share is calculated if the
p roportionate fair -share amount in such agreement is sufficient to 1) av for one or
more improvements which will, in the opinion of the governmental entity or entities
maintaining the trans ortation facilities si if�cantl benefit the imp acted
transportation system.
The im rovement or im rovements funded b ro the ortionate fair -share care onent
must be ado ted into the five-year _..capital improvements schedule of the
comprehensive DIan or the long-tern schedule of ca ital im rovements for an
adopted long-term concurrency manacrement system at the next annual ca ital
improvements element update.
Any im rovernent ro'ect pro osed to meet the developer's fair -share
obligation must meet standards of the Cit y for locally maintained roadwa s
and those of the FDOT for the state highway system.
Sec. 85 - 24. InterLy overnmental coordination.
Pursuant to policies in the Inter ovenunental Coordination Element of the Cit 's
com rehensive lan thefitv shall coordinate with affected hitsdictions including FDOL re ardin
mitigation to impacted facilities not under the jurisdiction of the local overnment receiving the
a Iication for p roportionate fair -share miti gati on. An interlocal a eernent maybe established with
other affected jurisdictions for this pg ose.
Sec. 86 -25, Application ,process.
� Upon notification of a lack of capacity to satisfy transportation concurrencv, the
applicant shall also be notified in writine of the opportunity to satisfy transportation
concurrenc ty hroug�h the Proportionate Fair -Share Program pursuant to the requirements of
section 86 -23.
Prior to submitting an a lication fora pro ortionate fair -share a eement a re-
a pplication meetin& shall beheld to discuss eligibility application submittal irements
p otential mitig ation o tions and related issues. If the im acted facili is on the Strate is
Intermodal S stern then the FDOT will be notif ed and invited to artici ate in the re
., application meeting
Lcj Eligible applicants shall submit an application to the City that includes an application
fee as established by Resolution of the City Council and which includes the follow'ng:
Name, address and phone number of property owner(s), developer and /or
aent�
City of Cape Canaveral
ordinance No, 20 -2006
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M Property location,_ including parcel identification number(s)
3 Leal descn and survey of property;
Proect description-, including t e. intensit and amount of develo ment
Phasing schedule,,- if applicable;
Deserxption of requested proportionate fair -share miticration method (s); and
Copy of concurrency - application.
The concurrency manager shall review the application and certify that the application
is sufficient and com fete within 10 business da s. If an application is determined to be
insufficient incom fete or inconsistent with the eneral requirements of the Proportionate
Fair -Share Program as set forth in section 86 -23 then the will be notified in writir
of the reasons for such deficiencies within 10 business days of submittal of the aipplication.
If such deficiencies are not remedied bv the a l cant within 30 days of recei t of the written
notification then the will be deemed abandoned. The City Council maL in its
discretion rant an extension of time not to exceed 60 days to cure such deficiencies
p rovided that the applicant has shown good cause for the extension and has taken reasonable
steps to effect a cure.
Pursuant to section 163.3180J16)Lej Florida Statutes ro osed proportionate fair -
share rnzti ation for development iMpacts to facilities on the Strategic Intermodal Sy stem
requires the concurrency of the FDOT.. The appl shall submit evidence of an agreement
between the a licant and the FDOT for inclusion in the ro ortionate fair -share agreement.
fa when an application is deemed sufficient, complete, and eligible, the applicant shall
be advised in writing and a proposed proportionate fair -share obli ation and bindin
agreement will be re aced by the fit or the y with direction from the Cit and
delivered to the gppropriate parties for review including a copy to the FDOT for anv
p rop osed ro ortionate fair -share mitigation on a Strategic I.ntermodal System facilit no
later than 64 days from the date at which the a licant received the notification of a sufficient
qTvhcation and no fewer than l 4 da s Lor the City council meeting when the a eexnent
will be considered.
� The City shall notify the a�Qlicant re�ardin� the date of the Council meeting
the agreement will be considered for final approval. No proportionate fair -share agreement
will be effective until approved by the City Council.
See, 86 -26. Determinina proportionate fair -share obligation.
� P fair -share mitigation for concurrency impacts may include, without
City of Cape Canaveral
Ordinance No. 24 -2006
Page 5 of 12
limitation rivate funds, contributions of land and/or construction and contribution of
facilities.
A develop rrzent shall not be re wired to more than its Dro ortionate fair- share.
The fair market value of the proportionate fair -share miticyation for the imp acted facilities
shall not differ recrardless of the method of mitication.
Lcj The rnethodoloq used to calculate an applicant's proportionate fair -share obli anon
shall be as rovided for in section 163.3180(12), Florida Statutes as follows: The
cumulative number of tri s from the ro osed development ex ected to reach roadwa s
dun eak hours from the complete build out of a stage or phase being a roved divided
by the change in the eak hour max' service volume MSV of roadways resulting from
construction of an improvement necessa to maintain the adopted LOS, multiplied by the
construction cost at the time of developer payment, of the imp rovement necessa to
maintain the adopted LO or
Proportionate „Fair-Share -- Z[(Develo_pment Trips / (SV Increase Cost
Where:
Development Tri s — Those tri s from the stn e or phase of develo meet under
review that are assigLied to roadwa y se ent "i" and have tri ered a deficient er
the CII�S�
SV Increase — Service volume increase rovided b the eligible improvement to
roadwgy segment "i" p er section E;
Cost =
Adj usted cost of the improvement to segment "i" Cost shall include all
improvements and associated costs such as design, ri ht -of -wa ac uisition
p 1qMing , qnc,rineering , inspection, and physical development costs directly associated
with construction at the antics ated cost in the vear it will be incurred.
For the puMoses of determining ro ortionate fair -share obligations, the City shall
determine iMrovement costs based upon the actual cost of the ins. rovement as obtained
from the CIE the IVMPOITIP or the FDOT work Program. where such information is not
available. imp rovement cost shall be determined using one of the following methods:
An analysis by the City of costs b cross section type that into orates data
from recent ro e CtS and is updated ann ually and a roved b the City Council. In
order to accommodate increases in construction material costs p roject costs shall be
adjusted to address inflation;
A sample . method for determining an inflation factor is as follows:
City of Cape Canaveral
Ordinance No. 20 -2006
Page 6 of 12
Cost = C o st o x 1 + Cost oro wth ,_,I
Where:
Cost = The cost of the improvement in ear n•
Cosh = The cost of the imp rovement in the current ear•
Cost erowtl,,, -- The growth rate of the costs over the last three 3�
yea
n= The number of vears until the improvement is
constructed.
The three -year gowth rate_ is determined by the followingr formula:
Cost growth = Cost �rowth_� +Cost rowth_� ±Cost growth �
- �� - y - —:�. ..,.� - - �---
or
a The most recent issue of FDOT Transportation Costs, as adjusted based upon
the type of cross-section (urban or rural); locally available data from recent protects
on acquisition, drainage and utility costs; and significant changes in the cost of
materials due to unforeseeable events. Cost estimates for state road improvements
not included in the adopted FDOT Work Program shall be determined using this
method in coordination with the FDOT District.
Le� If the City has accepted an improvement project proposed by the applicant, then the
value of the improvement shall be determined us one of the methods provided in this
section.
ft If the City has accepted right -of -way dedication for the proportionate fair -share
a ent credit for the dedication of the non -site related ri ht -of -way shall be valued on the
date of the dedication by fair market value established by an independent a raisal auproved
by the fitv and at no expense to the City The applicant shall supp a drawing
and leg al
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 fight-of-way dedication proposed b the
applicant is less than the City-estimated total ro ortionate fair - share obligation for that
development then the applicant must also a the difference. Prior to purchase or acquisition
of any real estate or acceptance of donations of real estate intended to be used for the
p roportionate fair -share ublic or rivate artners should contact the FDOT for essential
information about compliance with federal law and regulations.
Sec. 86 -27. Impact fee credit for grop Fair -share mitigation,
Lal Pro ortionate fair -share contributions shall be a lied as a credit against iMpact fees
to the extent that all or a ortion of the ro ortionate fair -share mitigation is used to address
City of Cape Canaveral
Ordinance No. 20 -2006
Page 7 of 12
the same ca ital infrastructure - improvements contemplated by the Cit 's impact fee
regulations as set forth. in Article V Division 3 of Cha ter 2 of the Ci Code ( "impact fee .11
re ).
I t fee credits for the prWortionate fair -share contribution will be determined
when the transportation imp act fee obligation is calculated for the prgp osed development.
IM pact fees owed by the a licant will be reduced per the Proportionate lair -Share
Agreement as they become due er the Cit 's i mpact fee re ulations. If the _. qpp licant
p roportionate fair- -share obligation is less than the development's anticipated road impact fee
for the specific stage or phase of develop ment under review. then the a licant or its
successor must p ay the rem irn act fee amount to the Cit ursuant to the requirements
of the impact fee regulations.
Lc�_ Major projects not included within the impact fee regulations or created under section
86.23f12Z(,1) and (2) which can demonstrate a significant benefit to the impacted
transportation system may be eligible at the City's discretion for impact fee credits.
The prw ortionate fair -share obligation is intended to miti ate the transportation
impacts of a prgposed development at a specific location. As a result,any road impact fee
credit based upon Proportionate fair -share contributions fora proposed development cannot
be transferred to any other location unless rovided for within the impact fee - provisions as
set forth in the Cit 's ixn act fee regulations.
Sec. 86 -28. Proportionate fair -share agreements.
� Upon execution of a proportionate fair -share agreement (Agreement) the ap lip cant
shall receive a City certificate of concurrences approval. Should the applicant fail to apply
for a development hermit within twelve (12) months then the Agreement shall be considered
null and void, and the applicant shall be required to reapply_
Payment of the proportionate fair -share contribution is due in full prior to issuance
of the final development order or recording of the final plat and shall be non - refundable. If
the payment is submitted more than twelve (12)_months from the date of execution of the
Agreement, then the pronortionatefair -share cost shall be recalculated at the time ofpa�ent
based on the best estimate of the construction cost of the required improvement at the time
of payment, pursuant to section 86 -26 and adjusted accordingly.
All develop improvements authorized under this article must be completed pnor
to issuance of a development pennit, or as otherwise established in a binding agreement that
is accompanied by a security instrument that is sufficient to ensure the completion of all
required improvements. It is the intent of this section that any required improvements be
completed before issuance of bu ermits or certificates of occu anc .
Dedication of necessary right -of -way for facility improvements pursuant to a
City of Cape Canaveral
Ordinance No. 20 -2006
Page 8 of 12
p rop ortionate fair -share ageernent must be corn leted rior to issuance of the final
develo nnent order or recordinc of the f nal lat.
Lei An re nested chance to a develo anent ro ect subse uent to a development order
mqy be sub' ect to additional proportionate fair -share contributions to the extent the change
would crenerate additional traffic that would require mitic
f
Applicants ME submit a letter to withdraw from the ro ortionate fair -share
aorreernent at any time rior to the execution of the agreement. The a lication fee and an
associated advertising _costs to the Citv will be non refundable.
� The City may enter into proportionate fair -share agreements for selected corridor
improvements to facilitate collaboration among multiple applicants on improvements to a
shared transportation facility.
See. 86 - 29. Appropriation of fair - share revenues.
Lq� Proportionate fair -share revenues shall be laced in the gppropdqte rqject account
for funding of scheduled improvements in the City CIE or as otherwise established in the
terms of the proportionate fair -share a eement. At the discretion of the City Council
p rop ortionate fair -share revenues may be used for operational improvements nor to
construction of the ca acit ro' ect from which the 12 ionate fair -share revenues were
derived. Proportionate fair -share revenues may also be used as the 50% local match for
funding under the FDOT TRIP.
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 mitigate the impacts of
development pursuant to the requirements of section 86- 23(b)(21.
Where an imp acted regional facility has been designated as a regionally si n.ificant
transportation facility in an adopted re Tonal transportation. plan as rovided in section
339.155 Florida Statutes. , then the CI t ma coordinate with other im acted lurxsdictions
and agencies to a 1 ypr o ortionate fair -share contributions and public contributions to seek
fundimz for improving the iMpacted regional facility under the FDOT TRIP. Such
coordination shall be ratified b the CA Council through an interlocal a¢reement that
establishes a procedure for cannarking of the developer contributions for th
Lcj where an applicant constructs a transportation facility that exceeds the applicant's
proportionate fair -share obli anon calculated under section $6 - the Cit shall reimburse
the for the excess contribution using one or more of the followin g methods:
An im act fee credit account mav be established for the applicant in the
amount of the excess contribution, a ortion or all of which mn be assigned and
City of Cape Canaveral
Ordinance Igo. 20 -2006
Page 9 of 12
reassigned under the terms and conditions acceptable to the City.
2 An account may be established for the applicant for the pumose of
reimbursincr the a licant for the excess contribution with ro ortionate fair -share
avments from future aplAicants on the facility.
The City ma com ensate the -applicant for the excess contribution throe h
p ayment or some combination of means acce table to the City and the applicant.
Sec. 86-30. Cross Jurisdictional irn acts.
Lal In the interest of intergovernmental coordination and to reflect the shared
res onsibilities for rnana *nS development and concurrency, the City mqy enter an a eement
with one or more adjacent local overnxnents to address cross 'urasdictional im acts of
development on recrional transportation facilitles. The a eement shall provide for
application of the methodology in this section to address the cross Jurisdictional
transportation impacts of development.
b� A development application submitted to the City subject to a transportation
concurrence determination meeting all of the following criteria shall be subject to this
section:
All or part of the proposed development is located within three (31 miles of
the area which is under the jurisdiction, for transportation concurrency, of an ad }acent
local government; and
Usinar its own concurrency analysis procedures, the City concludes that the . -
additional traffic from the ro osed development would use f ve ercent 5Lo )or
more of the adopted peak hour LOS maximum service volume of a regional
transportation facility within the concurrent jurisdiction of the adjacent local
government f "impacted regional fac' ] * ty ); and
�3 The impacted regional facility is projected to be operating below the level of
service standard adopted by the adjacent local overnrnent when the traffic from the
ro osed development is included.
Lej Upon identification ofan impacted regional facility pursuant tosubsection (b)(1) -(3),
the City shall notify the applicant and the affected adjacent local government in writing of
the opportunity to derive an additional proportionate fair -share contribution, based on the
projected impacts of the proposed development on the impacted adjacent facility.
The adjacent local government shall have up to ninety (90) days in which to
notify the City of a proposed specific proportionate fair -share obligation, and the
intended use of the funds when received. The adjacent local Qovernment must
City of Cape Canaveral
Ordinance No. 20 -2005
Page 10 of 12
p rovide reasonable Justification that both the amount of the vqyment and its intended
use coMly with the re quirements of section 16" ).3180(16).. Florida Statutes. Should
the cent local ovenunent decline prop ortionate fair -share mitigation under this
section, then the provisions of this section would not apply and the applicant would
be subject only to the proportionate fair share requirements of theit�.
If the subject is subse uentl a roved b the City the -approval
shall include a condition that the anp licant provides. pnor to the issuance of an
building 'Permit covered by that a lication, evidence that the ro ortionate fair - share
obli gation to the ad j acent local government has been satisfied. The City may require
the adLacent local government to declare in a resolution ordinance or e uivalent
document its intent for the use of the concurrency funds to be aid b the a licant.
Section 3. Repeal of prior Inconsistent ordinances and Resolutions. All prior inconsistent
ordinances and resolutions adopted by the city Council, or parts of prior ordinances and resolutions
in conflict herewith, are hereby repealed to the extent of the conflict.
Section 4. Incorporation Into Code. This ordinance shall be incorporated into the Cape
Canaveral City Code and any section or paragraph, number or letter, and any heading may be
changed or modified as necessary to effectuate the foregoing. Grammatical, typographical, and like
errors may be corrected and additions, alterations, and omissions, not affecting the construction or
meaning of this ordinance and the City Code may be freely made.
Section 5. Severability. If any section, subsection., sentence, clause, phrase, word or provision
of this ordinance is for any reason held invalid or unconstitutional by any court of competent
jurisdiction, whether for substantive, procedural, or any other reason, such portion shall be deemed
a separate, distinct and independent provision, and such holding shall not affect the validity of the
remaining portions of this ordinance.
Section 6. Effective Date. This ordinance shall become effective immediately upon adoption
by the City Council of the City of Cape Canaveral, Florida.
(ADOPTION PAGE FOLLOW)
City of Cape Canaveral
Ordinance No. 20 -2006
Page I I of 12
ADOPTED by the City Council of the City of Cape Canaveral, Florida,this day of
December , 2006. 4oGV QCk.
ROCKY RANLS,Mayor
For Against
ATTEST: Bob Hoog Second
Leo Nicholas X
Buzz Petsos Motion
SUSAN STILLS, City Clerk Rocky Randels x
Shannon Roberts x
First Reading: 11-21-2006
Legal Ad published: 11-25-2006
Second Reading: _12-05-2006
Approved as to legal form and sufficiency for
the City . :pe Canaveral only:
ANTHON 'I 'ARGANESE, City Attorney
City of Cape Canaveral
Ordinance No. 20-2006
Page 12 of 12