7718-06
ORDINANCE NO. 7718-06
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA MAKING
AMENDMENTS TO THE COMMUNITY DEVELOPMENT CODE BY
AMENDING ARTICLE 4, DEVELOPMENT REVIEW AND OTHER
PROCEDURES, SECTION 4-903, TO AMEND THE STANDARDS FOR
ISSUANCE OF CERTIFICATE OF CONCURRENCY/CAPACITY; AND
AMENDING ARTICLE 4, DEVELOPMENT REVIEW AND OTHER
PROCEDURES, TO ADD A NEW SECTION 4-904, PROPORTIONATE FAIR-
SHARE PROGRAM; PROVIDING PURPOSE AND INTENT; ADOPTING
FINDINGS; PROVIDING FOR APPLICABILITY; PROVIDING GENERAL
REQUIREMENTS; PROVIDING FOR INTERGOVERNMENTAL
COOPERATION; PROVIDING AN APPLICATION PROCESS; DETERMINING
THE PROPORTIONATE FAIR-SHARE OBLIGATION AND IMPACT FEE
CREDITS THEREFOR; PROVIDING FOR APPROPRIATION OF FAIR-
SHARE REVENUES, PROPORTIONATE FAIR-SHARE AGREEMENTS,
CROSS JURISDICTIONAL IMPACTS, A PROGRAM FOR
TRANSPORTATION CONCURRENCY MANAGEMENT AREAS,
MUL TIMODAL TRANSPORTATION DISTRICTS, AND TRANSPORTATION
CONCURRENCY EXCEPTION AREAS; AMENDING ARTICLE 8,
DEFINITIONS AND RULES OF CONSTRUCTION, SECTION 8-102,
DEFINITIONS, TO ADD DEFINITIONS OF CERTAIN TERMS; CERTIFYING
CONSISTENCY WITH THE CITY OF CLEARWATER COMPREHENSIVE
PLAN; PROVIDING FOR SEVERABILITY; CERTIFYING ADVERTISEMENT;
AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Clearwater adopted a new Community Development
Code on January 21, 1999 which was effective on March 8, 1999, and
WHEREAS, Chapter 163.3180(16), Florida Statutes requires the City of
Clearwater to adopt by ordinance, a methodology for assessing proportionate fair-
share mitigation options as part of the City's concurrency management system, and
WHEREAS, the City of Clearwater has determined where the Community
Development Code needs clarification and revision to accomplish this, and
WHEREAS, the City of Clearwater desires for the Community Development
Code to function effectively and equitably throughout the City, now therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OFCLEARWATER,
FLORIDA:
Section 1. Article 4, Section 4-903, Standards for Certificate of
Concurrency/Capacity, is amended as follows:
Ordinance No. 7718-06
A. In determining whether a certificate of concurrency/capacity may be issued,
the community development coordinator shall apply the level of service standards in
the comprehensive plan according to the following measures for each public facility:
1. Potable water: water service area.
2. Sanitary sewer: sewer facility availability.
3. Drainage: drainage basin.
4. Solid waste: citywide.
5. Parks and recreation: citywide.
6. Roads: Section 4-803(C) Standards for Traffic Impact Study, and Section 4-
904 Proportionate Fair-Share Proqram.
B. For public facilities provided by entities other than the City, the certificate
may be issued subject to the availability of such public facilities consistent with policy
28.3.3 of the comprehensive plan.
C. If the capacity of available public facilities is less than the capacity required
to maintain the level of service standard for the impact of the development, the
applicant may:
1. Accept a 15-day encumbrance of public facilities that are available and,
within the same 15-day period, amend the application to reduce the needed
public facilities to the capacity that is available.
2. Accept a 90-day encumbrance of public facilities that are available and,
within the same 90 day period, arrange to provide for public facilities that
are not otherwise available.
3. Reapply for a certificate of capacity not less than six months following the
denial of an application for a certificate of capacity.
4. Make a proportionate fair-share contribution. pursuant to Section 4-904.
Section 2. Article 4, is amended to add a new Section 4-904 as follows:
Section 4-904. Proportionate Fair-Share Proqram.
A. PUf/Jose and intent. The purpose of this Section is to establish a method
whereby the impacts of development on transportation facilities can be mitiqated by
the cooperative efforts of the public and private sectors. to be known as the
Proportionate Fair-Share Proqram. as required by and in a manner consistent with
~163.3180(16). F.S.
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Ordinance No. 7718-06
B. Findinas. The City Council finds and determines that transportation capacity
is a commodity that has a value to both the public and private sectors and that the City
Proportionate Fair-Share ProQram:
1. Provides a method by which the impacts of development on transportation
facilities can be mitiQated by the cooperative efforts of the public and private
sectors:
2. Allows developers to proceed under certain conditions, notwithstandinQ the
failure of transportation concurrency, by contributinQ their proportionate fair
share of the cost of a transportation facility;
3. Contributes to the provision of adequate public facilities for future Qrowth and
promotes a stronQ commitment to comprehensive facilities planninQ, thereby
reducinQ the potential for moratoria or unacceptable levels of traffic conQestion:
4. Maximizes the use of public funds for adequate transportation facilities to serve
future Qrowth, and may, in certain circumstances, allow the City to expedite
transportation improvements by supplementinQ funds currently allocated for
transportation improvements in the Capital Improvements Element of the
Clearwater Comprehensive Plan;
5. Is consistent with &163.3180(16), F.S., and supports the followinQ policies in
the City's Comprehensive Plan:
Policies 7.3.1; 7.3.2; 7.4.1; 7.4.3; 8.1.1: 8.2.1; 8.3.1; 8.6.1; 8.6.2; 8.6.3:
9.2.1: 10.1.1: 10.3.1.
C. Aoolicabilitv. The Proportionate Fair-Share ProQram shall apply to all
developments in the City of Clearwater, that have been notified of a lack of
capacity to satisfy transportation concurrency on a transportation facilitv in
the City's Concurrency ManaQement System, includinQ transportation
facilities maintained by Florida Department of Transportation (FOOT) or
another iurisdiction that are relied upon for concurrency determinations,
pursuant to the requirements of Section 4-904.D.The Proportionate Fair-
Share ProQram does not apply to developments of reQional impact (ORis)
usinQ proportionate fair-share under &163.3180(12), F.S., or to
developments exempted from concurrency as provided in Chapter
163.3180, F.S., reQardinQ exceptions and de minimis impacts.
D. General requirements.
1. An applicant may choose to satisfy the transportation concurrency
requirements of the City by makinQ a proportionate fair-share contribution,
pursuant to the followinQ requirements:
a. The proposed development is consistent with the comprehensive plan and
applicable land development reQulations.
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Ordinance No. 7718-06
b. The five-year schedule of capital improvements in the City Capital
Improvement Element includes a transportation improvement(s) that. upon
completion. will satisfy the requirements of the City transportation concurrency
manaaement system. The provisions of Section 4-904.0.2 below may applv if a
proiect or proiects needed to satisfy concurrency are not presentlv contained
within the City's Capital Improvement Element or an adopted lona-term
schedule of capital improvements.
2. The City may choose to allow an applicant to satisfy transportation concurrency
throuah the Proportionate Fair-Share Proaram bv contributina to an
improvement that. upon completion, will satisfy the requirements of the City
transportation concurrency manaaement system. but is not contained in the
five-year schedule of capital improvements in the Capital Improvement Element
or a lona- term schedule of capital improvements for an adopted lona-term
concurrency manaaement system. where the followina applv:
a. The City adopts. bv resolution or ordinance. a commitment to add the
improvement to the five-year schedule of capital improvements in the
Capital Improvement Element or lona-term schedule of capital
improvements for an adopted lona-term concurrency manaaement system
no later than the next reaularlv scheduled update. To qualify for
consideration under this section. the proposed improvement must be
reviewed and determined to be financiallv feasible pursuant to
~163.3180(16) (b) 1. F.S.. consistent with the comprehensive plan. and in
compliance with the provisions of this ordinance. Financial feasibility for this
section means that additional contributions. payments or fundina sources
are reasonablv anticipated durina a period not to exceed 10 years to fullv
mitiaate impacts on the transportation facilities.
b. If the funds allocated for the five-year schedule of capital improvements in
the City Capital Improvement Element are insufficient to fullv fund
construction of a transportation improvement required bv the concurrency
manaaement system. the City may still enter into a bindina proportionate
fair-share aareement with the applicant authorizina construction of that
amount of development on which the proportionate fair-share is calculated if
the proportionate fair-share amount in such aareement is sufficient to pay
for one or more improvements which will, in the opinion of the aovernmental
entity or entities maintainina the transportation facilities. sianificantlv benefit
the impacted transportation system. The improvement or improvements
funded bv the proportionate fair-share component must be adopted into the
five-year capital improvements schedule of the comprehensive plan or the
lona-term schedule of capital improvements for an adopted lona-term
concurrency manaaement system at the next annual Capital Improvement
Element update.
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Ordinance No. 7718-06
3. Anv improvement project proposed to meet the developer's fair-share obliqation
must meet desiqn standards of the Citv for locallv maintained roadwavs and
those of the Florida Department of Transportation for the state hiqhwav svstem.
E. Interaovernmental coordination. Pursuant to policies in the
Interqovernmental Coordination Element of the Citv comprehensive plan
and applicable policies in the reqional plan. the Citv shall coordinate with
affected iurisdictions. includinq the Florida Department of Transportation.
reqardinq mitiqation to impacted facilities not under the jurisdiction of the
Citv receivinq the application for proportionate fair-share mitiqation. An
interlocal aqreement mav be established with other affected iurisdictions for
this purpose.
F. Application process.
1. Upon notification of a lack of capacitv to satisfv transportation concurrencv
where the applicant is eliqible to participate in the Proportionate Fair Share
Proqram, the applicant shall also be notified in writinq of the opportunitv to
satisfv transportation concurrencv throuqh the Proportionate Fair-Share
Proqram pursuant to the requirements of Section 4-904.D above.
2. Prior to submittina an application for a proportionate fair-share aareement. a
pre-application meetina shall be held to discuss eliaibilitv, application submittal
requirements, potential mitiaation options, and related issues. If the impacted
facilitv has cross jurisdictional impacts per Section 4-904.K then the affected
jurisdictions will be notified and invited to participate in the pre-application
meetina.
3. Eliaible applicants shall submit an application to the Citv that includes an
application fee of $235.00 and the followina:
a. Name, address and phone number of owner(s), developer and
aaent;
b. Propertv location, includina parcel identification numbers:
c. Leqal description and survev of propertv;
d. Proiect description, includina tvpe, intensitv and amount of
development;
e. Phasina schedule, if applicable;
f. Description of requested proportionate fair-share mitiaation
methodes): and
a. Copv of concurrencv application.
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Ordinance No. 7718-06
4. The Community Development Coordinator shall review the application and
certify that the application is complete and eliqible within 7 workinq days of
submission of the application. If an application is determined to be incomplete
or inconsistent with the qeneral reQuirements of the Proportionate Fair-Share
Proqram as indicated in Section 4-904.D, then the applicant will be notified in
writinq of the reasons for such deficiencies within 10 workinq days of submittal
of the application. If such deficiencies are not remedied by the applicant within
30 workinq days of receipt of the written notification, then the application will be
deemed withdrawn and no further consideration shall be taken by the
Community Development Coordinator.
5. Pursuant to &163.3180(16) (e). F.S.. proposed proportionate fair-share
mitiqation for development impacts to facilities on the Strateqic Intermodal
System (SIS) reQuires the concurrence of the Florida Department of
Transportation. The applicant shall submit evidence of an aqreement between
the applicant and the Florida Department of Transportation for inClusion in the
proportionate fair-share aqreement.
6. When an application is deemed complete and eliqible. the applicant shall be
advised in writinq and a proposed proportionate fair-share obliqation and
bindinq aqreement will be prepared by the City or the applicant with direction
from the City and delivered to the appropriate parties for review, includinq a
COpy to all affected jurisdictions for any proposed proportionate fair-share
mitiqation that has multi-jurisdictional impacts. no later than 60 workinq days
from the date at which the applicant received the notification of a - complete
and eliqible application and no fewer than 14 workinq days prior to the City
Council meetinq when the aqreement will be considered. The City and
applicant may mutually aqree to extend the 60 workinq day time frame for
development of the aqreement for the purpose of evaluatinq information and/or
collectinq additional information to complete the aqreement
7. The City shall notify the applicant reqardinq the date of the City Council
meetinQ when the aqreement will be considered for final approval. No
proportionate fair-share aqreement will be effective until approved by the City
Council. In instances where the Proportionate Fair-Share obliqation is
determined to be $100,000 or less, the Community Development Coordinator
shall have the authority to approve, on the part of the City. any aqreement to
satisfy that obliqation.
G. Determininq proportionate fair-share obliqation.
1. The proportionate fair-share obliqation shall be based on the impact a
development has on a transportation facility as determined by a traffic impact
analysis that assesses the distribution and volume of traffic qenerated by the
proposed development.
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Ordinance No. 7718-06
2. A facilitv shall be considered impacted when the net trips oenerated bv the
proposed development meets or exceeds five percent of the facilitv's peak hour
capacity .
3. Should the impacted facilitv be operatino at a Level of Service that meets the
locallv adopted Level of Service standard. it would not be elioible for the
application of proportionate fair share provisions.
4. Should the impacted facilitv be operatino at a substandard Level of Service
based on existino conditions or as a result of the impacts of a proposed
development. the facilitv would be identified as elioible for proportionate fair
share provisions and the applicant would be notified as such.
5. Proportionate fair-share mitioation for concurrency impacts may include. without
limitation. separatelv or collectivelv, private funds, contributions of land. and
construction and contribution of facilities.
6. A development shall not be required to pay more than its proportionate fair-
share. The fair market value of the proportionate fair-share mitioation for the
impacted facilities shall not differ reoardless of the method of mitioation.
7. The methodoloov used to calculate an applicant's proportionate fair-share
oblioation shall be as provided for in Section 163.3180 (12), F. S.. as follows:
a. The cumulative number of trips from the proposed development expected to
reach roadways durino peak hours from the complete build out of a staoe or
phase beino approved, divided bv the chanoe in the peak hour maximum
service volume (MSV) of roadways resultino from construction of an
improvement necessary to maintain the adopted Level of Service. multiplied
bv the construction cost. at the time of developer payment. of the
improvement necessary to maintain the adopted Level of Service. or
b. Proportionate Fair-Share = LrrlDevelopment Trips) / (SV IncreaseJl x Cost.}
! ! L
where: Development Trips. = those trips from the staoe or phase of
L
development under review that are assioned to roadway seoment "i" and
have triooered a deficiency per the concurrency manaoement system; SV
Increase. = Service volume increase provided bv the elioible improvement to
L
roadway seoment "i" per section D; Cost. = Adiusted cost of the
L
improvement to seoment "i". Cost shall include all improvements and
associated costs. such as desion. rioht-of-wav acquisition. plan nino,
enoineerino. inspection. and phvsical development costs directlv associated
with construction at the anticipated cost in the year it will be incurred.
8. For the purposes of determinino proportionate fair-share oblioations. the City
shall determine improvement costs based upon the actual cost of the
improvement as obtained from the Capital Improvement Element. the
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Ordinance No. 7718-06
Metropolitan PlanninQ OrQanization Transportation Improvement Plan or the
Florida Department of Transportation Work ProQram. Where such information
is not available or outdated. improvement cost shall be determined usinQ one of
the followinQ methods:
a. An analvsis bv the City of costs bv unit price that incorporates data from
recent projects and is updated annuallv. In order to accommodate increases
in construction material costs. proiect costs shall be adiusted bv the method
specified in Section 4-9D4(M) or
b. The most recent issue of the Florida Department of Transportation's
Transportation Costs, as adjusted based upon the unit price (urban or rural);
locallv available data from recent projects on acquisition. drainaQe and utilitv
costs; and siQnificant chanQes in the cost of materials due to unforeseeable
events. Cost estimates for state road improvements not included in the
adopted Florida Department of Transportation Work ProQram shall be
determined usinQ this method in coordination with the Florida Department of
Transportation District.
9. If the City has accepted an improvement proiect proposed bv the applicant.
then the value of the improvement shall be determined usinQ one of the
methods provided in this section.
1 D.lf the City has accepted riQht-of-wav dedication for the proportionate fair-share
payment. credit for the dedication of the non-site related riQht-of-wav shall be
valued on the date of the dedication at 118% of the most recent assessed
value bv the Pinellas County Property Appraiser or, at the option of the
applicant. bv fair market value established bv an independent appraisal
approved bv the City and at no expense to the City. The applicant shall supplv
a drawinQ and leQal 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 riQht-of-wav dedication proposed bv the applicant is less than the City
estimated total proportionate fair-share obliQation 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
Florida Department of Transportation for essential information about
compliance with federal law and reQulations.
11. Where the comprehensive plan supports mixed-use. infil!. redevelopment. and
expandinQ roadway capacity to serve this development is inconsistent with
community Qoals. the City may establish one or more multimodal districts for
the purpose of transportation concurrency. In the event that such districts are
established:
a. The boundaries of each district shall be described. and for each district.
standards shall be adopted for street connectivity and transit. bicvcle and
8
Ordinance No. 7718-06
pedestrian levels of service. consistent with Florida Department of
Transportation Model ReQulations and Plan Amendments for Multimodal
Transportation Districts.
b. For each district. the City shall adopt a five-year or lonQ-term schedule of
capital and service improvements to achieve and maintain the adopted levels of
service. Anv transit improvements to be included in this schedule will be
identified in consultation with the transit aQencv.
c. When a development is proposed in a district where the multimodallevel
of service standards are not beinQ met. the applicant may pay a proportionate
fair-share amount towards meetinQ the standards and then proceed with the
development.
12.At the discretion of the City. the development's overall trips may be reduced bv
UP to 5%. with a developer commitment to the implementation of trip reduction
measures. to include: an aQreed-on set of capital and/or operational
contributions: record-keepinQ and annual reportinQ bv implementers of
operational proQrams; and penalties for failure to implement and maintain the
measures for an aQreed upon time period. Appropriate capital and operational
contributions towards trip reduction may include. but are not limited to. vanpool
vehicles. preferential parkinQ and other facilities for carpools and vanpools.
covered and secure bicvcle storaQe. shower & chanQe facilities available to
bicvcle commuters. office work-stations available for use bv teleworkers. and
support for and active promotion of rideshare matchinQ proQrams.
H. Impact fee credit for proportionate fair-share mitiaation
1. Proportionate fair-share contributions shall be applied as a credit aQainst
transportation impact fees to the extent that all or a portion of the proportionate
fair-share mitiQation is used to address the same capital infrastructure
improvements contemplated bv the County's impact fee ordinance.
2. Transportation impact fee credits for the proportionate fair-share contribution will
be determined when the. transportation impact fee obliQation is calculated for
the proposed development. Transportation impact fees owed bv the applicant
will be reduced per the Proportionate Fair-Share AQreement as they become
due per the Pinellas County CountyWide Transportation Impact Fee Ordinance.
If the applicant's proportionate fair-share obliQation is less than the
development's anticipated transportation impact fee for the specific staQe or
phase of development under review. then the applicant or its successor must
pay the remaininQ impact fee amount to the City pursuant to the reauirements
of the County impact fee ordinance.
3. Maior transportation impact fee-funded proiects not identified within the
appropriate County transportation impact fee district nor created under Section
4-904 D.2.a. nor Section 4-904 D.2.b. which can demonstrate a siQnificant
9
Ordinance No. 7718-06
benefit to the impacted transportation system may be eliaible for impact fee
credits in accordance with the provisions of the County transportation impact
fee ordinance.
4. The proportionate fair-share obliqation is intended to mitiaate the transportation
impacts of a proposed development at a specific location. As a result. any
transportation impact fee credit based upon proportionate fair-share
contributions for a proposed development cannot be transferred to any other
location unless provided for within the County impact fee ordinance.
I. Proportionate fair-share aareement.
1. Upon execution of a proportionate fair-share aareement (Aareement), and upon
meetinq all other requirements of Section 4-903, the applicant shall receive a
Certificate of Concurrency. In the event that the Certificate of Concurrency
expires, the Aqreement shall be considered null and void, and the applicant
shall be required to reapplv.
2. Payment of the proportionate fair-share contribution is due in full prior to
issuance of the development order or recordina of the final plat and shall be
non-refundable. If the payment is submitted more than 12 months from the date
of execution of the Aqreement. then the proportionate fair-share cost shall 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 4-904.G. and adiusted accordinalv.
3. All developer improvements authorized under this ordinance must be
completed prior to issuance of a Buildinq Permit. or as otherwise established in
a bindinq aqreement that is accompanied bv 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
buildinq permits or certificates of occupancy.
4. Dedication of necessary riaht-of-wav for facilitv improvements pursuant to a
proportionate fair-share aqreement must be completed prior to issuance of the
final development order or recordinq of the final plat.
5. Anv requested chanae to a development proiect subsequent to a development
order may be subiect to additional proportionate fair-share contributions to the
extent the chanae would aenerate additional traffic that would require
mitiaation.
6. Applicants may submit a letter to withdraw from the proportionate fair-share
aqreement at any time prior to the execution of the aareement. The application
fee and any associated advertisinq costs to the City will be non refundable.
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Ordinance No. 7718-06
7. The City may enter into proportionate fair-share aareements for selected
corridor improvements to facilitate collaboration amona multiple applicants on
improvements to a shared transportation facility.
J. Appropriation of fair-share revenues.
1. Proportionate fair-share revenues shall be placed in the appropriate proiect
account for fundina of scheduled improvements in the City Capital
Improvement Element. or as otherwise established in the terms of the
proportionate fair-share aareement. At the discretion of the City. proportionate
fair-share revenues may be used for operational improvements prior to
construction of the capacity proiect from which the proportionate fair-share
revenues were derived. Proportionate fair-share revenues may also be used as
the 50% local match for fundina under the Florida Department of
Transportation's Transportation Reaionallncentive Proaram (FOOT TRIP).
2. In the event a scheduled facility improvement is removed from the Capital
Improvement Element. then the revenues collected for its construction may be
applied toward the construction of another improvement within that same
corridor or sector that would mitiaate the impacts of development pursuant to
the requirements of Section 4-904.D.2.b.
3. Where an impacted reaional facilitv has been desianated as a reaionally
sianificant transportation facility in an adopted reaional transportation plan as
provided in Section 339.155. F.S.. and then the City may coordinate with other
impacted iurisdictions and aaencies to apply proportionate fair-share
contributions and public contributions to seek fundina for improvina the
impacted reaional facility under the Florida Department of Transportation's
Transportation Reaional Incentive Proaram (FOOT TRIP). Such coordination
shall be ratified by the City throuah an interlocal aareement that establishes a
procedure for earmarkina of the developer contributions for this purpose.
4. Where an applicant constructs a transportation facility that exceeds the
applicant's proportionate fair-share obliaation calculated under Section 4-
904.H. the City shall reimburse the applicant for the excess contribution usina
one or more of the followina methods:
a. 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 assianed
and reassianed under the terms and conditions acceptable to the City.
b. An account may be established for the applicant for the purpose of
reimbursina the applicant for the excess contribution with proportionate fair-
share payments from future applicants on the facilitv.
c. The City may compensate the applicant for the excess contribution
throuah payment or some combination of means acceptable to the City and the
applicant.
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Ordinance No. 7718-06
K. Cross Jurisdictionallmoacts
1. In the interest of interaovernmental coordination and to reflect the shared
responsibilities for manaaina development and concurrency. the City may enter
an aareement with one or more adjacent local aovernments to address cross
jurisdictional impacts of development on cross jurisdictional transportation
facilities. The aareement shall provide for application of the methodoloav in this
section to address the cross jurisdictional transportation impacts of
development.
2. A development application submitted to the City subiect to a transportation
concurrency determination meetina all of the followina criteria shall be subject
to this section:
a. All or part of the proposed development is located within 1/2 mile of the
area which is under the jurisdiction. for transportation concurrency, of an
adjacent local aovernment and
b. If the additional traffic from the proposed development would use five
percent or more of the adopted peak hour level of Service maximum service
volume of a cross jurisdictional transportation facilitv within the concurrency
iurisdiction of the adiacent local aovernment (impacted cross iurisdictional
facilitv); and
c. The impacted cross jurisdictional facilitv is projected to be operatina
below the level of service standard, adopted bv the adjacent local aovernment.
when the traffic from the proposed development is included.
3. Upon identification of an impacted cross jurisdictional facilitv pursuant to
Section 4-904.K.2.a.-c. the City shall notify the applicant and the affected
adiacent local aovernment in writina of the opportunity to derive an additional
proportionate fair-share contribution, based on the projected impacts of the
proposed development on the impacted adiacent facilitv.
4. The adjacent local aovernment shall have UP to 90 days in which to notify the
City of a proposed specific proportionate fair-share obliaation, and the intended
use of the funds when received. The adiacent local aovernment must provide
reasonable justification that both the amount of the payment and its intended
use complv with the requirements of Section 163.3180(16), F.S. Should the
adjacent local aovernment decline proportionate fair-share mitiaation under this
section. then the provisions of this section would not applv and the applicant
would be subject onlv to the proportionate fair share requirements of the City.
5. If the subject application is subseQuentlv approved bv the City. the approval
shall include a condition that the applicant provides. prior to the issuance of any
buildina permit covered bv that application, evidence that the proportionate fair-
share obliaation to the adjacent local aovernment has been satisfied. The City
may place as a condition of approval that the adjacent local aovernment
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Ordinance No. 7718-06
declare in a resolution. ordinance. or equivalent document. its intent for the use
of the concurrency funds to be paid by the applicant.
L. Proportionate share proqram for Transportation Concurrency Exception
Areas (TCEA's), Transportation Concurrency Manaqement Areas (TCMA's)
and Multimodal Transportation Districts (MMTD's). Within the local TCMA's.
MMTD's. and/or TCEA's, the City may establish a proportionate fair-share
assessment. based on the expected costs and transportation benefits of all the
proorammed improvements within that District, and based on the expected trip
oeneration of the proposed development.
M. Method for cost escalation. This Section contains a method to estimate
orowth in costs. throuoh the computation of a three-year averaoe of the
actual cost orowth rates. This will provide a orowth rate that should be
smoothed to avoid overcompensatino for maior fluctuations in costs that
have occurred due to short-term material shortaoes.
n
CostIL= r(1 + t) x (CostQ}l_x r1 + Cost orowth~
Where:
CostIL = The cost of the improvements in year n;
t = Continoency factor - Will only be applied to proiects that have not been
adiusted for present day costs usino a comparable continoency factor.
CostQ.. = The cost of the improvement in the current year;
Cost orowth = The orowth rate of costs over the last three years;
~
n = The number of years until the improvement is constructed.
The three-year orowth rate is determined by the followino formula:
Cost orowth = rCost orowth + Cost orowth + Cost orowth 1Q
ill. :1. ~ ~
Where:
Cost orowth = The orowth rate of costs over the last three years;
ill.
Cost orowth = The orowth rate of costs in the previous year;
:1. .
Cost orowth = The orowth rate of costs two years prior;
~
Cost orowth = The orowth rate of costs three years prior.
~
13
Ordinance No. 7718-06
Section 3. Article 8, Section 8-102, Definitions, is amended to add new
definitions as follows:
Concurrency Manaaement System means the procedure and process that the
City utilizes to ensure that development orders and permits issued by the City shall
not result in an unacceptable deQradation of the adopted level of service adopted in
the City of Clearwater Comprehensive Plan.
Financial Feasibilitv means that sufficient revenues are currently available or
will be available from committed fundinQ sources for the first 3 years. or will be
available from committed or planned fundinQ sources for years 4 and 5. of a 5-year
capital improvement schedule for financinQ capital improvements.
StrateQic Intermodal System means the statewide and reQionally siQnificant
facilities and services includinQ the state's larQest and most siQnificant commercial
service airports. spaceport. deepwater seaports. freiQht rail terminals, passenQer rail
and intercity bus terminals, rail corridors. waterways and hiQhways, includinQ US
HiQhway 19.
Transportation Concurrency Manaaement Area means a compact QeoQraphic
area with existinQ or proposed multiple viable alternative travel paths or modes for
common trips. An area-wide level of service standard may be established for specified
facilities, and must be maintained, as a basis for the issuance of development orders
and permits within one or more desiQnated concurrency manaQement areas.
Section 4. Amendments to the Land Development Code of the City of
Clearwater (as originally adopted by Ordinance No. 6348-99 and subsequently
amended) are hereby adopted to read as set forth in this Ordinance.
Section 5. The City of Clearwater does hereby certify that the amendments
contained herein, as well as the provisions of this Ordinance, are consistent with and
in conformance with the City's Comprehensive Plan.
Section 6. Should any part or provision of this Ordinance be declared by a
court of competent jurisdiction to be invalid, the same shall not affect the validity of the
Ordinance as a whole, or any part thereof other than the part declared to be invalid.
Section 7. Notice of the proposed enactment of this Ordinance has been
properly advertised in a newspaper of general circulation in accordance with
applicable law.
14
Ordinance No. 7718-06
Section 8. This ordinance shall take effect immediately upon adoption.
PASSED ON FIRST READING
AS AMENDED
PASSED ON SECOND AND FINAL
READING AND ADOPTED
November 2. 2006
November 15, 2006
rrt~1:a{ ~
A st:
Leslie Dougall-Sid
Assistant City Attorney City Clerk
15 Ordinance No. 7718-06