8806-16ORDINANCE NO. 8806 -16
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA
MAKING AN AMENDMENT TO THE CODE OF ORDINANCES BY
AMENDING APPENDIX A - SCHEDULE OF FEES, RATES AND
CHARGES, XXII, TRANSPORTATION IMPACT FEE, RENAMING
THIS SECTION MULTI -MODAL IMPACT FEE AND UPDATING THE
PINELLAS COUNTY ORDINANCE REFERENCE; AMENDING THE
COMMUNITY DEVELOPMENT CODE, DIVISION 6, LEVEL THREE
APPROVALS, REPLACING VARIOUS "CITY COMMISSION"
REFERENCES WITH "CITY COUNCIL" THROUGHOUT THIS
DIVISION; AMENDING SECTION 4 -602, ZONING ATLAS
AMENDMENTS, UPDATING THE REVIEW CRITERIA; AMENDING
DIVISION 9, CONCURRENCY MANAGEMENT, ESTABLISHING A
MOBILITY MANAGEMENT SYSTEM AND MULTI -MODAL IMPACT
FEE; AMENDING ARTICLE 8, DEFINITIONS AND RULES OF
CONSTRUCTION, SECTION 8 -102, ADDING AND DELETING TERMS
CONSISTENT WITH THE MOBILITY MANAGEMENT SYSTEM AND
MULTI -MODAL IMPACT FEES; CERTIFYING CONSISTENCY WITH
THE CITY'S COMPREHENSIVE PLAN AND PROPER
ADVERTISEMENT; PROVIDING FOR SEVERABILITY; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, Florida House Bill 7207, also known as the Community Planning Act,
was signed into law in 2011; and
WHEREAS, the Community Planning Act removed State requirements for local
government implementation of transportation concurrency management systems; and
WHEREAS, the City of Clearwater participated in a multi - jurisdictional Mobility
Plan Task Force, facilitated by the Pinellas County Metropolitan Planning Organization, to
develop a framework for a countywide approach to implementation of a mobility
management system in place of transportation concurrency; and
WHEREAS, the Pinellas County Board of County Commissioners established the
Pinellas County Mobility Plan to replace the repealed requirement of transportation
concurrency; and
WHEREAS, the Pinellas County Mobility Plan provides a more flexible and
efficient alternative to the traditional form of concurrency management, which tied
development approvals to maintaining adopted roadway level of services standards,
while facilitating multi -modal transportation solutions; and
Ordinance No. 8806 -16
WHEREAS, the Pinellas County Mobility Plan calls for the renaming the
Transportation Impact Fee to Multi -Modal Impact Fee to better reflect the purpose of this
Ordinance to improve the capacity of the countywide transportation system for all users;
and
WHEREAS, Pinellas County is amending their development code to be effective
March 2016; and
WHEREAS, Pinellas County Land Development Code Chapter 150, Article II
establishes that the Multi -Modal Impact Fee and Mobility Management System is
applicable countywide; and
WHEREAS, amendments are needed to the Clearwater Development Code to
implement the Mobility Management System; and
WHEREAS, the Mobility Management System will replace the proportionate fair
share program which was required under transportation concurrency; and
WHEREAS, the City of Clearwater desires for the Community Development Code
to function effectively and equitably throughout the City; and
WHEREAS, the City of Clearwater has determined where the Community
Development Code needs clarification and revision to achieve consistency with the
Pinellas County Mobility Plan and Impact Fee Ordinance; now therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER,
FLORIDA:
Section 1. That Appendix A, Schedule of Fees, Rate and Charges, of the
Code of Ordinances, be amended to read as follows:
XXII. TRANSPORTATION MULTI -MODAL IMPACT FEE:
Pinellas County Ordinance No. 86 43 Land Development Code Chapter 150,
Article II, administered by the city, assesses a fee on new land development or a change
in land use. This fee is based upon the increase in vehicular traffic generated by a new
development or land use.
Section 2. That Article 4, Development Review and Other Procedures,
Section 4 -602, Zoning Atlas Amendments, Community Development Code be amended
as follows:
* * * * * * * **
2 Ordinance No. 8806 -16
D. Community development board review /recommendation. Upon receipt of the
recommendation of the community development coordinator, the community
development board shall conduct a public hearing on the application in accordance
with the requirements of Section 4 -206 and issue a recommended order to the city
GGRIffliSSien council setting forth the board's findings in regard to whether the
proposed amendment will satisfy the standards set forth in Section 4- 602(F) and may
include any proposed modifications or conditions to the proposed amendment.
E. City commission council review /decision. Upon receipt of the recommended order of
the community development board, the city commission council shall conduct a public
hearing in accordance with the provisions of Section 4 -20 and shall approve, approve
with conditions, or deny the amendment. Upon adoption of an ordinance amending
the Zoning Atlas, the Zoning Atlas shall be deemed amended as of the effective date
of the ordinance. The community development coordinator shall revise and may
republish from time to time the Zoning Atlas or portions thereof as amended, but a
failure to revise or republish shall not affect the validity of any ordinance amending the
Zoning Atlas.
F. Standards for review. No amendment to the Zoning Atlas shall be approved unless
the city commission council finds that such amendment complies with the following
standards:
* * * * * * * * * *
5. The amendment will not adversely burden public facilities, including the traffic
- - - - - - - - , in an unreasonably or disproportionate manner.
* * * * * * * * **
Section 3. That Article 4, Development Review and Other Procedures,
Division 9, Concurrency Management, Community Development Code be renamed as
follows:
DIVISION 9. — CONCURRENCY AND MOBILITY MANAGEMENT
* * * * * * * * * *
Section 4. That Article 4, Development Review and Other Procedures,
Section 4- 901.B, Authority and applicability, Community Development Code be amended
as follows:
B. Exception. No certificate of concurrency /capacity is required for the following:
12. Roads
* * * * * * * * * *
3 Ordinance No. 8806 -16
Section 5. That Article 4, Development Review and Other Procedures,
Section 4- 903.A.6, Standards for certificate of concurrency /capacity, Community
Development Code be deleted as follows:
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:
* * * * * * * * **
Section 6. That Article 4, Development Review and Other Procedures,
Section 4- 903.C.4, Standards for certificate of concurrency /capacity, Community
Development Code be deleted as follows:
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:
* * * * * * * **
4. Make a proportionate fair share contribution, pursuant to Section 4 904.
Section 7. That Article 4, Development Review and Other Procedures,
Section 4 -904, Proportionate Fair Share Program, Community Development Code be
repealed and replaced to read as follows:
-
A. Purpose and intent. The purpose of this section is to establish a method whereby
F.S. § 163.3180(16).
1. Provides a method by which the impacts of development on transportation
private sectors;
4
Ordinance No. 8806 -16
traffic- congestion
/1. Maximizes the use of public funds for adequate transportation facilities to
5. Is consistent with F.S. § 163.3180(16), and supports the following policies
Policies 7.3.1; 7.3.2; 7A.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.
in the City of Clearwater, that have been notified of a lack of capacity to satisfy
management system, including transportation facilities maintained by Florida
The Proportionate Fair Share Program does not apply to developments of
P.
or to developments exempted from concurrency as provided in F.S. § 163.3180,
D. General requirements.
1. An applicant may choose to satisfy the transportation concurrency
b. The five year schedule of capital improvements in the city capital
2. The city may choose
the city transportation
to allow an
concurrency
5
applicant to satisfy transportation
management system, but is not
Ordinance No. 8806 -16
capital improvement element or long term schedule of capital
163.3180(16)(b)1., consistent with the comprehensive plan, and in
b. If the funds allocated for the five year schedule of capital
the concurrency management system, the city may still enter into a
binding proportionate fair share agreement with the applicant
funded by the proportionate fair share component must be- adapted
state-highway-system,
E. Intergovernmental coordination. Pursuant to policies in the intergovernmental
F Application process.
1. Upon notification of a lack of capacity to satisfy transportation concurrency
6
Ordinance No. 8806 -16
3. Eligible applicants shall submit an application to the city that includes an
c. Legal description and survey of property;
develepmenti
c. Phasing schedule, if applicable;
and
�. The community development coordinator shall review the application and
incomplete or inconsistent with the general requirements of the
further consideration shall be taken by the community development
coordinator.
System (SIS) requires the concurrence of the Florida Department of
6. When an application is deemed complete and eligible, the applicant shall
fair share mitigation that has multi jurisdictional impacts, no later than 60
7
Ordinance No. 8806 -16
agreement
7. The city shall notify the applicant regarding the date of the city council
determined to be $100,000.00 or less, the community development
G. Determining proportionate fair share obligation.
impact analysis that assesses the distribution and volume of traffic
hour capacity.
3. Should the impacted facility be operating at a level of service that meets
�. Should the impacted facility be operating at a substandard level of service
5. Proportionate fair share mitigation for concurrency impacts may include,
for the impacted facilities shall not differ regardless of the method of
a The cumulative number of trips from the proposed development
adopted Level of Service. or
8
Ordinance No. 8806 -16
b. Proportionate Fair Share - a[[(Development Trips;sub cub;) / (SV
Increase;sub
information is not available or outdated, improvement cost shall be
a An analysis by the city of costs by unit price that incorporates data
rural); locally available data from recent projects on acquisition,
then the value of the improvement shall be determined using one of the
10. If the city has accepted right of way dedication for the proportionate fair
development, then the applicant must also pay the difference. Prior to
tions,
11. Where the comprehensive plan supports mixed use, infill, redevelopment,
districts for the purpose of transportation concurrency. In the event that
such districts are established:
9
Ordinance No. 8806 -16
a. The boundaries of each district shall be described, and for each
bicycle and pedestrian levels of service, consistent with Florida
b. For each district, the city shall adopt a five year or long term schedule
12. At the discretion of the city, the development's overall trips may be
reduced by up to five percent, with a developer commitment to the
H. Impact fee credit for proportionate fair share mitigation.
1. Proportionate fair share contributions shall be applied as a credit against
ordinanse.
2. Transportation impact fee credits for the proportionate fair share
contribution will be determined when the transportation impact—fee
fair share agreement as they become due per the Pinellas County
Countywide Transportation Impact Fee Ordinance. If the applicant's
proportionate fair share obligation is less than the development's
anticipated transportation impact fee for the specific stage or phase of
appropriate county transportation impact fee district nor created under
10
Ordinance No. 8806 -16
Section 4 904 D.2.a. nor Section 4 901 D.2.b. which can demonstrate a
impact fee credits in accordance with the provisions of the county
1. The proportionate fair share obligation is intcndcd to mitigate the
ordinance.
I. Proportionate fair share agreement.
1. Upon execution of a proportionate fair share agreement (agreement), and
receive a certificate of concurrency. In the event that the certificate of
2. Payment of the proportionate fair share contribution is due in full prior to
cost shall be recalculated at the time of payment based on the best
estimate of thc construction cost of the required improvement at thc time
3. All developer improvements authorized under this section must be
completed prior to issuance of a building permit, 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 building permits or
5. Any requested change to a development project subsequent to a
6. Applicants may submit a letter to withdraw from thc proportionate fair
share agreement at any timc prior to the execution of thc agreement. The
refundable.
11
Ordinance No. 8806 -16
7. The city may enter -into proportionate fair share agreements for selected
J. Appropriation of fair share revenues.
1. Proportionate fair share revenues shall be placed in thc appropriate
improvement element, or as otherwise established in thc terms of the
proportionate fair share agreement. At the discretion of the city,
proportionate fair share revenues may be used for operational
Incentive Program (FDOT TRIP).
2. In the event a scheduled facility improvement is removed from the capital
pursuant to the requirements of Section 1 901.D.2.b.
3. Where an impacted regional facility has been designated as a regionally
- Florida Department of Transportation's
for this purpose.
1. Where an applicant constructs a transportation facility that exceeds the
904.F1, the city shall reimburse the applicant for the excess contribution
a. An impact fee credit account may be established for the applicant in
the city.
b. An account may be established for the applicant for the purpose of
and the applicant.
12
Ordinance No. 8806 -16
K. Crow-jurisdictional impacts.
1. In the interest of intergovernmental coordination and to reflect the shared
methodology in this section to address the cross jurisdictional
of the area which is under the jurisdiction, for transportation
c. The impacted cross jurisdictional facility is projected to be operating
below the level of service standard, adopted by the adjacent local
government, when the traffic from the proposed development is
included.
adjacent local government in writing of the opportunity to derive an
additional proportionate fair share contribution, based on the projected
13
Ordinance No. 8806 -16
L. Proportionate Share Program for Transportation Concurrency Exception Area
(TCEA's), Transportation Concurrency Management Areas (TCMA's) and
and /or TCEA's, the city may establish a proportionate fair share assessment,
Gestfl - r(1 t) v (Co a
Where:
Gest, - The cost of the improvements in year n;
# - Contingency factor Will only be applied to projects that have not been
ges‘
Cost gr h
n - The number of years until the improvement is constructed.
Gent- gfewA - 4 es1-grewtkr +-Gest-gr-ewth4
Where:
Gest growth
Gest gfewth4 - The growth rate of costs in the previous year;
Ges1-gfew1144 - The growth rate of costs two years prior;
Gest- gfewth4 - The growth rate of costs three years prior.
{Ord. No. 7718 06, § 2, 11 15 06)
Section 4 -904. - Mobility Management System.
A. Purpose and intent. The purpose of this section is to provide a more flexible and
efficient alternative to the traditional form of transportation concurrency management,
which ties development approvals to maintaining adopted roadway level of service
standards, while facilitating multi -modal transportation solutions.
B. Applicability. The mobility management system shall apply to all developments in the
City of Clearwater, pursuant to the requirements of 4- 904.C.
C. General requirements. All development proiects within the City of Clearwater that
generate new peak hour trips are subject to the provisions of this section to address
their development impacts. Determination of trip generation associated with an
application for development shall be based on Schedule A or B in Section 150-40 of
14 Ordinance No. 8806 -16
Pinellas County Land Development Code, or the latest edition of the Institute of
Transportation Engineers Trip Generation Manual. As an alternative to the fee
schedule and Trip Generation Manual, the applicant may submit a trip generation
study in accordance with Section 4- 905.C.4.a. and b.
1. Deficient road corridors include parcels, all or a portion of which lie within a
corridor, and are defined as:
a. Sole direct access. A condition where the only means of site ingress /egress is
directly onto the road facility, regardless of the distance of that site from the
facility:
b. Direct access. A condition in which one or more existing or potential site
ingress /eqress points makes a direct connection to the road facility and the
site is within one -half mile of the road facility; and
c. Sole indirect access. A condition where the only point of site ingress /egress is
onto a public non - arterial roadway which makes its first and shortest arterial
level connection onto a road facility regardless of the distance of that site from
the facility.
2. Deficient road corridors are listed within the most recent Pinellas County
Metropolitan Planning Organization's annual Level of Service Report.
3. Development projects that generate Tess than 51 new peak hour trips are required
to pay a multi -modal impact fee in accordance with Section 4 -905. They are not
required to submit a transportation management plan or study.
4. Tier 1 projects. Tier 1 projects are development projects that generate between
51 and 300 new peak hour trips.
a. Developers of Tier 1 projects located within deficient road corridors are
required to submit a transportation management plan designed to address
their impacts while increasing mobility and reducing the demand for single
occupant vehicle travel.
b. The cost of transportation management strategies implemented for Tier 1
projects are creditable toward their multi -modal impact fee assessment. If the
cost of the improvement exceeds the assessment, the development project
would not be subject to payment of the fee.
5. Tier 2 projects. Tier 2 projects are development projects that generate more than
300 new peak hour trips.
a. Developers of Tier 2 projects within deficient road corridors are required to
conduct a traffic study and submit an accompanying report. The report shall
15 Ordinance No. 8806 -16
include the results of the traffic study and a transportation management plan
identifying improvements necessary to mitigate the impacts of the project.
b. The cost of transportation management strategies implemented for Tier 2
projects may be applied as credit toward the project's multi -modal impact fee
assessment or payment of the fee could be included as part of a
transportation management plan.
6. Development projects that generate more than 50 new peak hour trips on non -
deficient road corridors shall be reviewed by the City to determine if the impacts of
the project adversely affect the level of service of the surrounding road network. If
it is determined that approval of the development project reduces the level of
service of the adjacent road(s) to peak hour level of service E or F or would cause
the volume -to- capacity ratio to reach or exceed 0.9, a. transportation management
plan is required. The applicant may submit a traffic study to verify whether their
project would affect the level of service of adjacent road(s). A transportation
management plan is required if the results of the traffic study confirm the finding of
the City, and the transportation management plan for such developments shall
comply with the requirements of Tier 1 or Tier 2 projects, as described in Sections
4- 904.C.2. and 3.
7. Transportation management plans. At the time of site plan review, the City shall
analyze the development impacts of a project. A transportation management plan
is required for development applications subject to sections 4- 904C.3, 4, and 5,
utilizing transportation management strategies /improvements to address their
development impacts. The extent of the strategies /improvements included in an
approved transportation management plan in terms of the scale of the project(s)
and roadway capacity and /or mobility benefits provided shall be based primarily
on the project(s) impact on the surrounding traffic circulation system. Specific
conditions of the deficient road corridor impacted by the development shall also
be considered.
Transportation management plans must be developed by the applicant and
accepted by the City. If the project impacts a State road, the applicant shall also
submit the transportation management plan to the Florida Department of
Transportation District 7 Office. Transportation management plans seeking to
implement strategies that do not involve structural improvements, such as ride
sharing and transit incentive programs, must include a monitoring program to
ensure the strategies are carried out in accordance with the plan. Site - related
improvements are not eligible for inclusion in transportation management plans.
Transportation management plan strategies /improvements include, but are not
limited to, those listed below:
a. Intensity reduction. The intensity of the proposal may be reduced through an
across - the -board reduction of the permitted floor area ratio, as it would
16 Ordinance No. 8806 -16
otherwise normally apply to the proposal. Other such corrective actions that
would reduce the intensity of the proposal may also apply.
b. Density reduction. The density of the proposal may be decreased by a
reduction in the number of units per acre below that which would otherwise
normally apply to the proposal.
c. Project phasing. A project may be divided into logical phases of development
by area, with later phases of the development proposal's approval withheld
until the needed facilities are available.
d. Outparcel deletion. Those portions of the proposal characterized as
outparcels that create separate and unique impacts may be deleted from the
total proposal.
e. Physical highway improvements. A project may construct link capacity
improvements, acceleration /deceleration lanes, intersection improvements, or
frontage roads.
f. Operational improvements (signal). This includes efforts involving signal
removal or signal timing improvements.
q. Access management strategies. These include access management controls
such as the preclusion of a direct connection to a level of service deficient
facility, right -in /right -out driveways, alternative driveway locations, reduction of
a driveway, single point access, shared access, or the implementation of
median controls.
h. Mass transit initiatives. A project may implement a plan to encourage transit
(e.g., employer- issued bus passes). Other mass transit initiatives may
include, but are not limited to, the construction of bus stop amenities, bus pull -
off areas, and dedication of park and ride parking spaces.
i. Demand management/commuter assistance. These include efforts to
encourage ride - sharing (e.g., designated parking spaces for carpools,
employer- sponsored carpool programs, participation in transportation
management organization /initiative programs), and implementing flexible work
hour and telecommutinq programs.
Bicycle /pedestrian improvements. These would involve structural
improvements or construction of a bikeway or sidewalk connecting an existing
bikeway /sidewalk network or providing access to a school, park, shopping
center, etc. These improvements may also include pedestrian treatments in
parking areas, sidewalks connecting developments with adjacent land uses,
trail improvements and bicycle rack and on- street bicycle lane installations,
and the planting of trees to provide shade canopy along sidewalks.
17 Ordinance No. 8806 -16
k. Intelligent transportation system improvements. This includes improvements
pertaining to computerized traffic signal systems that automatically adiust to
maximize traffic flow and to permit emergency vehicles to pass through
intersections quickly. It also includes freeway management systems, such as
electronic message signs, and electronic fare payment on public buses that
reduce passenger boarding time.
I. Livable community site design features. These include, but are not limited to,
implementation of pedestrian friendly site design features such as orienting
buildings toward the street and parking lots to the side or rear of buildings.
Section 8. That Article 4, Development Review and Other Procedures,
Section 4 -905, Reserved, of the Community Development Code be amended to read as
follows:
Section 4 -905. — Reserved, Multi -modal impact fee.
A. Purpose and intent. The purpose of this section is to establish the required payment
of multi -modal impact fees, the computation of those fees, fee credits, disposition of
funds, refunding of fees, and exemptions of fees.
B. Fee required. The payment of a multi -modal impact fee shall be required in the
manner and amount set forth in this section.
1. Any person who seeks a certificate of occupancy for any land development
activity or seeks to change a use by applying for issuance of a building permit
which will generate additional traffic shall be required to pay a multi -modal impact
fee.
2. No certificate of occupancy or building permit requiring payment of a multi -modal
impact fee pursuant to section 4 -905.0 shall be issued unless and until the multi -
modal impact fee has been paid.
3. Any person who has submitted a site plan or building permit application in
accordance with land development codes prior to the adoption of Ord. No. 8806-
16 shall be subject to the terms of the ordinance that was in effect at the time the
site plan or building permit application was submitted.
C. Computation of amount. The amount of the multi -modal impact fees imposed under
this section will depend on a number of factors, including the type of land
development activity, and several fixed elements, such as the average cost to
construct one lane -mile of roadway ($2,216,466) and the average capacity of one
lane -mile of roadway (6,900 vehicles per day).
1. The following formula shall be used by the City to determine the impact fee per
unit of development:
18 Ordinance No. 8806 -16
TGR x %NT x TL x CST (RF)
CAPx2
WHERE:
TGR = Trip generation rate, as per fee schedule
%NT = percent new trips
TL = Average trip length, varies by land use
CST = The cost to construct one lane -mile of roadway ($2,216,466)
CAP = The capacity of one lane -mile of roadway (6,900 vehicles per lane, per
day)
2 = Allocation of one -half the impact to the origin and one -half to the
destination
RF = Reduction factor (0.268)
2. At the option of the feepayer, the amount of the multi -modal impact fee may be
determined by the Impact Fee Schedule A or B in Section 150 -40 of the Pinellas
Land Development Code.
3. In the case of a new use, redevelopment, or modification of an existing use, the
impact fee shall be based upon the net increase in the impact fee for the new use
as compared to the impact fee for the highest previous use in existence on or
after the adoption of the ordinance from which this section derives. The City shall
be guided in this determination by the County's transportation impact fee study
(February 1990), independent study trip generation data, or the Institute of
Transportation Engineers Trip Generation, sixth (or successor) edition.
4. If a feepayer opts to not have the impact fee determined according to subsections
1 or 2 of this section, then the feepayer shall prepare and submit to the City for
approval of an independent fee calculation study for the land development activity
for which a certificate of occupancy or building permit is sought. The traffic
engineering and /or economic documentation submitted, which will require a pre -
application meeting with the City, shall show the basis upon which the
independent fee calculation was made, including, but not limited to the following:
a. Traffic engineering studies:
1. Documentation of trip generation rates appropriate for the proposed land
development activity.
2. Documentation of trip length appropriate for the proposed land
development activity.
3. Documentation of the cost per land mile for roadway construction for the
proposed land development activity.
b. Economic documentation studies:
19 Ordinance No. 8806 -16
1. Documentation of the cost per lane per mile for roadway construction for
the proposed land development activity.
2. Documentation of credits attributable to the proposed land development
activity which the feepayer will make available to replace the portion of the
service volume used by the traffic generated by the proposed land
development activity.
5. Trip generation documentation other than traffic engineering or economic
documentation studies, as described in Section 4- 905.C.4.a and b may be
submitted by the applicant in consideration of an independent fee calculation.
D. Payment of fees and credits. The person applying for the issuance of a certificate of
occupancy or building permit shall pay the multi -modal impact fee to the City prior to
the issuance of such permit. Fees for mobile homes shall be payable prior to
issuance of the permits which allow the mobile home to move on to a lot. Fees shall
be collected as part of the normal permitting process of the City. The City Manager or
his designee shall have full collection authority as well as full discretion for approval of
alternative methods for calculation of impact fees on a case -by -case basis. All funds
collected under this section shall be promptly transferred for deposit into the
appropriate impact fee trust account.
E. Fee credits. The following improvements to the transportation system may be eligible
for credit against the multi -modal impact fee or an impact fee adjustment or reduction.
Certain site related improvements or land dedicated for related right -of -way shall not
be given any credit towards the impact fee.
1. Construction of on -site trail, pedestrian, or bicycle facility if part of a trail, bicycle,
or pedestrian network identified in Metropolitan Planning Organization Long
Range Transportation Plan or the Clearwater Comprehensive Plan is eligible for
credit against impact fee assessment.
2. All transportation improvements required under a City approved development
order issued for a new development or a development of regional impact
approved prior to the adoption date of this ordinance shall be credited against
multi -modal impact fees up to the total amount of the impact fee. Those
improvements deemed as site - related or on -site, shall not be credited against the
multi -modal impact fee.
3. Mixed -use developments consisting of complementary land uses that are
designed with connectivity to allow for a reduction in trip lengths and /or percent
new trips are eligible for an impact fee rate adjustment based on trip generation
data for similar uses.
4. Commuter assistance programs with long -term contract(s) facilitating ride sharing
activity are eligible for an impact fee rate reduction based on the reduction in the
20 Ordinance No. 8806 -16
number of single- occupant vehicle trips that would otherwise be associated with
the project.
5. Bus stop shelters, including pads, are eligible for a credit against the impact fee
assessment in an amount equal to the cost of the improvement or 1 percent of the
fee, whichever is greater.
6. Construction of shared drivewav(s) between adjacent properties is eligible for a
credit against the impact fee assessment in the amount that is 50 percent of the
construction cost for the portion of the driveway that is located off -site.
7. Construction of shared inter- connectinq parking lots is eligible for a credit against
the impact fee assessment in an amount that is 50 percent of the construction
cost for the portion of the parkinq area located off -site.
8. Sidewalks constructed for credit against impact fee assessments must provide
connection between the site and surrounding sidewalk network and /or major
destination point such as a park, shopping center, school, community center, etc.
9. Pedestrian and bicycle facilities connecting neighboring properties may be eligible
for credit against impact fees for the portion of the construction that is off -site.
10. Off -site crosswalk enhancements, including curb bulb -out at intersection,
pavement marking, or raised crossings are eliqible for credit against impact fee
assessment.
11. The City Manager or his or her designee may accept an offer by the feepaver to
implement all or part of a transportation improvement proiect consistent with the
Clearwater Comprehensive Plan or the Metropolitan Planning Organization's Lonq
Range Transportation Plan. The project(s) may be for any mode of transportation,
including rail, transit, pedestrian, or bicycle, providing that it serves to add to the
capacity of the surrounding transportation circulation system or to increase
mobility and reduce the dependence on automobile travel. This offer shall not
include site - related or on -site improvements. These transportation improvements
must be in accordance with City, County, or State requirements, whichever are
applicable. The feepaver shall provide the following to the City Manager or his
designee to determine consistency with City requirements:
a. Submit an offer to make improvements in lieu of a fee payment; and
b. A letter detailing the improvements to be made, improvement plans, and a
construction cost estimate in sufficient detail.
If the City Manager or his designee accepts such an offer, the cost of the
improvement project, except for the improvements identified in Sections 4-
905.E.5, 6, and 7, shall be credited against the multi -modal impact fee assessed
on the proposed development. Upon satisfactory completion and construction
21 Ordinance No. 8806 -16
approval of the transportation improvement made in lieu of all or a portion of the
impact fee due, the improvement shall be accepted by the City for future
maintenance. If the certificate of occupancy is requested prior to the completion
of the approved project, then a performance bond shall be provided to the City
manager or his designee to cover the balance of all work required following
issuance of the certificate of occupancy.
12. Sections 4- 905.E.1 through 11 do not apply to development projects that are
subject to the requirements of Sections 4- 904.C.4 and 5.
F. Disposition of funds. Funds collected from multi -modal impact fees shall be used
exclusively for the purpose of projects that improve the capacity of the surrounding
traffic circulation system. These projects may involve improvements to transportation
modes such as transit, pedestrian, and bicycle travel as well as roadway expansion.
Such improvements shall be of the type as are made necessary by the new
development. Specific projects to receive funds from impact fees collected shall be
determined by City Council. Priorities for impact fee funded transportation
improvements shall be established by City Council in compliance with adopted plans
and the transportation improvement program of the Metropolitan Planning
Organization.
1. No funds collected under this article shall be used for periodic maintenance, as
defined in F.S. Chapter 334, as amended.
2. Fees collected within a community development or tax increment financing district
shall be expended within such district. If the project(s) benefit the district from
where the fees were collected, the fees can be expended in a neighboring district.
Parking garages for general public purposes shall be considered eligible
transportation improvements within such areas or districts.
3. Multi -modal impact fees collected by the City shall be held by the City until the end
of the fiscal year in which collected. At the beginning of each new fiscal year,
one -half of all fees collected, and the accrued interest thereon, Tess the four
percent retained from the total fee collected for administrative costs, shall be
forwarded to the Board of County Commissioners for placement in the appropriate
trust account. The remaining one -half shall be deposited in the City's multi -modal
impact fee trust account. All fees must be disbursed, encumbered, or refunded by
the City in a manner consistent with this section.
4. If the City wishes to expend the portion of the fees which are due to the County,
the City may do so with the approval of the county administrator and the City
Manager or his or her designee.
5. Multi -modal impact fees collected on the state road network within the City may be
made available for construction of improvements on the state road network within
the City.
22 Ordinance No. 8806 -16
6. Multi -modal impact fee funds shall be administered as an independent component
of the Capital Improvement Element of the Clearwater Comprehensive Plan, as
required by F.S. Chapter 163. Each fiscal year, the City Manager or his or her
designee shall present to City Council the district improvement programs for
transportation expenditures. These programs shall assign transportation
improvement costs and related expenses to the trust account for specific
transportation improvement projects. Monies, including any accrued interest not
assigned in any fiscal year, shall be retained in the same impact fee trust account
until the next fiscal year, except as provided by the refund provisions of this
section. The City shall retain four percent of the fees collected for administrative
costs.
G. Refund of fee paid. Any funds not expended or encumbered by the end of the
calendar quarter immediately following ten years from the date that the multi -modal
impact fee was paid, upon application of the feepayer, within 180 days of that date, be
returned to the feepaver with interest at a yearly rate to be determined by the
Consumer Price Index effective January 1, which is to be applied to the preceding
year for each year the deposit is held.
H. Exemptions. The following shall be exempted from payment of the multi -modal
impact fee:
1. Alteration or expansion of an existing building where no additional units or floor
area are created, use is not changed, and where no additional vehicular trips will
be produced over and above that produced by the existing use;
2. The construction of accessory buildings or structures which will not produce
additional vehicular trips over and above that produced by the principal building or
use of the land;
3. The replacement of a building or structure with a new building or structure of the
same use provided that no additional trips will be produced over and above those
produced by the original building or structure; and
4. The construction of publicly -owned facilities used primarily for traditional
government uses.
Section 9. That Article 8, Definitions and Rules of Construction, Section 8-
102, of the Community Development Code, be amended to read as follows:
* * * * * * * * * *
Credits means the impact fee deductions allowed a feepayer for eligible off-site
transportation improvements funded by the feepaver.
* * * * * * * * * *
23 Ordinance No. 8806 -16
Deficient facility means a road operating at peak hour level of service E or F, and /or a
volume -to- capacity (v /c) ratio of 0.9 or higher with no mitigating improvements scheduled
within three years.
* * * * * * * * * *
Feepayer means a person commencing a land development activity which generates
traffic and which requires the issuance of a certificate of occupancy or land use permit
* * * * * * * * * *
Mobility management system means the process utilized by the City to implement the
City's mobility plan. This includes the process of managing the transportation impacts of
development projects and assessment, collection, and expenditure of multi -modal impact
fees.
Mobility plan means the approach to managing the transportation impacts of development
projects and increasing the mobility for pedestrians, bicyclists, transit users, and motor
vehicles utilizing the multi -modal impact fee and local site plan review processes.
* * * * * * * * * *
New peak hour trip means a vehicle trip added to the major road network from and to a
developed parcel of land during the weekday peak hour. This excludes passer -by or
diverted trips, whereby the site is accessed as a secondary trip.
* * * * * * * **
Pre - existing use means the land use that had occupied a parcel of land prior to the
submittal of a permit/site plan application.
* * * * * * * **
An area wide level of service standard may be established for specified facilities, and
Transportation management plan means a plan, submitted by a development applicant,
which seeks to utilize transportation management strategies to address development
impacts, improve the efficiency and safety of the transportation system, and increase the
mobility for all users.
Transportation management plan strategies means any strategies intended to increase
mobility while addressing the transportation impacts of development projects. Strategies
include, but are not limited to, density /intensity reductions, project phasing, access
controls, capital improvements and /or initiatives encouraging mass transit, bicycle, or
24 Ordinance No. 8806 -16
pedestrian travel, ride - sharing, or roadway improvements. They do not include standard
requirements necessary for site plan approval or operational improvements.
* * * * * * * **
Volume -to- capacity (v /c) ratio means the rate of traffic flow of an intersection approach or
group of lanes during a specific time interval divided by the capacity of the approach or
group of lanes.
* * * * * * * * *
Section 10. Amendments to the Community 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 11. 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 12. 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 13. Notice of the proposed enactment of this Ordinance has been
properly advertised in a newspaper of general circulation in accordance with applicable
law.
Section 14. This ordinance shall take effect immediately upon adoption.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Ap roved as to for :
Camilo Soto
Assistant City Attorney
25
FEB 1 8 2016
MAY .:5 - 2016
— C. f� el crkcor
George N. Cretekos
Mayor
Attest:
act (t-
Rosemarie Call
City Clerk
Ordinance No. 8806 -16