Loading...
TA2015-10006Brotherton, Kyle From: Matzke, Lauren Sent: Friday, February 05, 2016 9:11 AM To: Brotherton, Kyle Subject: FW: One -on -One with CM Jonson re: Mobility CPAu Attachments: image001.jpg I just noticed Gina hadn't copied you on the response. This will help with answering Jonson's questions if he asks them again. From: Clayton, Gina Sent: Tuesday, February 02, 2016 2:34 PM To: Matzke, Lauren Subject: RE: One -on -One with CM Jonson re: Mobility CPA See below From: Matzke, Lauren Sent: Tuesday, February 02, 2016 11:41 AM To: Clayton, Gina Cc: Brotherton, Kyle Subject: One -on -One with CM Jonson re: Mobility CPA Before Kyle finishes up his ordinance, I wanted to let you know the additional comments that CM Jonson had made during our one-on-one in case there are any additional modifications needed to the ordinance. I did explain during the one-on-one that there may be other modifications to the Transportation Element that could help but we limited the scope of this amendment to the mobility changes at this time. 1. A.4.1.24 The City shall recognize the overriding Constitutional principle that private property shall not be taken without due process of law and the payment of just compensation, which principle is restated in Section 163.3194 (4) (a), Florida Statutes. CM Jonson asked about this policy generally and why it was in there. I believe this was at one time required through 9J-5, and we will check whether there is anything specific to it in 163 at this time. I mentioned to CM Jonson that the current legislature has at least one bill proposed directly related to private property rights and a possible element for comp plans, and told him I believed this came from 9J-5. 1 don't think changes are needed as the reference is correct. But if you have any insight that you can provide in case he asks this directly in the work session, please share. I think it is there to recognize that we are a private property rights state and the comp. plan should not override that. 2. 13.2.3.1 Road improvements which are currently programmed for construction should be continued in the Capital Improvement Element of the jurisdiction having operational responsibility for those roads. During our one-on-one with Jonson, he talked about how the County continues to put off the improvements to Belcher Road. I re -read the existing policy as it is currently written. In my opinion, the policy isn't very meaningful as written. If I am interpreting it correctly, in some way we are stating in our Comp Plan that other iurisdictions need to include things in their CIE. Not very meaningful. And, I'm not sure what it has to do with y the Objective B.2.3 related to the TIP. That being said, I'm not sure what to change at this stage. Any suggestions? It is probably not ideal. I think that the policy probably means that we should coordinate/work with those jurisdictions to ensure that improvements within our jurisdiction gets funded. 3. CM Jonson asked about how Transportation Management Plans are applied. We did speak with Ben about this and he will be able to answer the question if it comes up at Work Session (essentially the DOs are conditioned). 4. Amendments related to Flood Peril — he asked if we had sent these to Sarah Kessler. Kyle did, they have no impact on our CRS rating. Her response: These changes are good, but they will not get the City additional CRS credit. Credit is based on a requirement above a minimum standard; the amendments below recommend and are consistent with the current building code. Laureai Matzke, AICP Planning Manager, Long Range Planning Division Planning & Development Department, City of Clearwater PH: 727.562.4547 I FAX: 727.562.4865 E: lauren.matzkePmvclearwater.com a A R_ T E Y Bwld [' r'1X�` m BEAT d'I`7RIM • BAS' TO BEACH Brotherton, Kyle From: Brotherton, Kyle Sent: Thursday, February 18, 2016 8:07 AM To: Matzke, Lauren Subject: FW: Worksession Question for mobility management Attachments: image001.png; image002.gif This is the only response I got after asking if what was originally said by Ben would be adequate. Probably good to know about the beach, though. From: Elbo, Bennett Sent: Tuesday, February 16, 2016 2:04 PM To: Brotherton, Kyle; Bertels, Paul`�� Subject: RE: Worksession Question for mobility management gc-1 Foot note: On the beach community, anytime a developer asks for a density increase through our density pool, we still require a developer to submit a Traffic Impact Study regardless if the new development generates any new traffic. -Ben From: Brotherton, Kyle Sent: Tuesday, February 16, 2016 1:25 PM To: Elbo, Bennett; Bertels, Paul Subject: RE: Worksession Question for mobility management Thanks, Ben. Paul, do you feel this is adequate enough to send to Rosemarie or would you like to add (or subtract) anything? From: Elbo, Bennett Sent: Tuesday, February 16, 2016 11:43 AM To: Brotherton, Kyle; Bertels, Paul Subject: RE: Worksession Question for mobility management The cost for developers on a deficient roadway (constrained) would increase, because the developers would be required to develop and submit a TMP (transportation management plan) if the expected new trips fall between (51— 300 vph) this is known as Tier 1 stage. Before we would require a developer to submit a traffic impact study when the new trips hit 100 vph and/or 1000 vpd. Some TMP's can be expensive because it includes the following: Transportation Management :pian .strategies. (a) Intensity reduction: the intensity of the proposal may be reduced through an across-the-board reduction of the permitted floor area rate, as it would otherwise normally -apply to the proposal. tither such corrective actions that would reduce the intensity of the proposal may also apply. ) Dvasity 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) Outparcel Dtlehoir .: Those portions of the proposal characterized as outparcels that create separate and unique impacts may be deleted from the total proposal. (d) Physical highway improvements: link capacity improven rts, accelerationldcocleration lanes, intersection innprovtments, frontage roads, erre, () Operational improvemanu (signsd): Sill removal, no signalization, signal timing; improvements, etc. (f) Access management strategies: No direct connection, right -Wright -out, substantial alternative access, one point .aces, shared access, , median controls, etc. (g) Mass Transit Initiatives: hnplementation of a plan W encourage transit usage (e.g., employer -issued bus passes). Other mass transit initiatives may include direct route subsidies, provision of feeder service or the construction of bus stop amenities. (h) Ride -sharing incentives: Implementation of a plan ,to encourage ride -sharing (e g , designated parking spaces for lois, .ployer•sponsored carpool program, and participation in trans oetation management organizo6ontircitiative programs).. (i) Biicyclelpedestrian improvements: Structural improvements or construction of a bikeway or sidewalk connecting an existing bikeway/sidewalk network or providing access to a school, plc, shopping center, etc. it) Intelligent transportation. system S) :improvements:: This inchades. improvements pertaining to cornputerized traffic signal systems that automatically adjust to maximize tmffrc flaw and to permit emergency vehicles to pass through intersections quickly; freeway management systems, such as cynic message signs, and'electronic fare payment on public buses that reduce pager lading time, isportation'Managoment Plans seeiking to implement strategies that do not involve ;ural improvements, such as ride -sharing W transit inceptive programs, must ade a monitoring program to ensure the strategies are carried out in accordance with. Plan., as developed by the applicant and accepted by Pinellas County. 'Tbe specific dtoring requirements will be applied as conditions in the final site plan. approval, The TMP has to be approved and accepted by Traffic Engineering. Also the TMP's can be credited towards their Mobility Fee if applicable. The developer at this Tier 1 will not be required to submit a (TIS) (Traffic Impact Study). So bottom line a developer at Tier 1 bypasses the TIS and develops a TMP and pays the Mobility Fee. A developer is required to submit a TIS if Tier 2 is met (equal or more than 301 vph). At this stage —Tier 2 the developer will develop and submit a TMP, conduct a TIS and responsible for Mobility Fee. If you have questions, please let me know. Thanks. -Ben Respectfully, Bennett Elba, PTP Traffic Engineering City of Clearwater, FL (727)562-4775 Phone (727)562-4755 Fax CLEARWATER. From: Brotherton, Kyle Sent: Tuesday, February 16, 2016 9:50 AM To: Bertels, Paul; Elbo, Bennett Subject: Worksession Question for mobility management Paul, Ben; City Manager Horne asked a question today at worksession on if the proposed mobility management system would increase the cost for developers since the threshold for traffic review would be lower than what is currently done. He also wondered if that would increase the number of reviews as well. You can watch the video (item 7.2) for his exact question. Thanks Kyle Brotherton Planner - Long Range Planning Division Planning & Development Department City of Clearwater P: 727-562-4626 kyle.brotherton@myclearwater.com iSW►l•�v Work Session Item No: Clearwater City Council -=- o Agenda Cover Memorandum Final Agenda Item No: 99�tr�n�t�� Meeting Date: 1/19/16 SUBJECT/RECOMMENDATION: ..Title Approve an amendment to the Clearwater Code of Ordinances renaming Transportation Impact Fee to Multi - Modal Impact Fee in Appendix A — Schedule of Fees; amending the Clearwater Community Development Code by repealing proportionate fair -share and establishing a new mobility management system and a multi -modal impact fee; amending review criteria; and providing for and modifying various definitions; and replacing various "City Commission" references with "City Council"; and pass Ordinance No. 8806-16 on first reading. (TA2015- 10006) ❑ and that the appropriate officials be authorized to execute same. ..Body SUMMARY: The 2011 Community Planning Act repealed certain concurrency requirements, including transportation concurrency. To address this change in state statutes, the Pinellas County Metropolitan Planning Organization (MPO) created the Pinellas County Mobility Plan, which was endorsed by the MPO on September 11, 2013. Model code amendments were later provided to municipalities to integrate into their local ordinances. The Pinellas County Board of County Commissioners approved on first reading amendments to the County's land development regulations in October 2014, with the adoption of their amendments anticipated to occur on March 29, 2016. Substantial amendments are proposed within Community Development Code Division 9, Concurrency Management to be consistent with the County's approach. Section 4-904, Proportionate Fair -Share Program is proposed to be repealed and replaced with a newly created Mobility Management System. The Proportionate Fair -Share Program was based off of statutory requirements that were repealed as part of the 2011 Community Planning Act. The Mobility Management System is intended to replace the proportionate fare -share program, while being more flexible and facilitating multi -modal transportation solutions. Additionally, proposed amendments to Division 9 include the removal of roads from the certificate of capacity/concurrency requirements, as well as changes to the review procedures for Zoning Atlas Amendments within Division 6. A new Section 4-905 is proposed to establish the multi -modal impact fee consistent with the County's ordinance, which was renamed from the transportation impact fee. This fee provides for a tiered project review approach, where proposed projects that create a large number of new peak hour trips will have to provide a traffic study and/or a transportation management plan, whereas smaller scale projects that create fewer new peak hour trips will only have to pay the multi -modal impact fee. In addition to the above, staff is also proposing the following: • Code of Ordinances, Appendix A: Change the name of Transportation Impact Fee to Multi -modal Impact Fee and update the reference ordinance; • Community Development Code Division 6: Change "City Commission" to "City Council" throughout; and Reviewed by: Originating Dept.: Costs Legal Info Srvc N/A PLANNING & DEVELOPMENT Total Kyle Brotherton Budget N/A Public Works N/A Funding Source: User Dept.: Purchasing N/A DCM/ACM Planning & Development Current FY Cl Attachments: Risk Mgmt N/A Other OP ORDINANCE NO. 8806-15 STAFF REPORT 0 None Other Appropriation Code: Submitted by: City Manager Community Development Code Article 8: Update definitions to reflect the proposed Mobility Management System. Attached is the staff report for further analysis and Ordinance No. 8806-16. The Planning & Development Department has determined that the proposed text amendment to the Code of Ordinances and the Community Development Code is consistent with and furthers the goals, objectives and policies of the Comprehensive Plan and the Community Development Code as outlined in the staff report. The Community Development Board (CDB) unanimously approved the proposed amendment at its regularly scheduled meeting on December 15, 2015. Proposed Ordinance No. 8806-16 will need to be delayed until after that date to incorporate the Pinellas County ordinance number, as the County does not provide an ordinance number until adoption. e ORDINANCE 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 CONSITENT 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 Nd. 8806-16 R 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. TRANS PORTATION MULTI -MODAL IMPACT FEE: Pinellas County 3 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 4 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 semMOSsiee 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 Es +e council review/decision. Upon receipt of the recommended order of the community development board, the city semMissiGR 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 Gemrvmission council finds that such amendment complies with the following standards: ********** 5. The amendment will not adversely burden public facilities, 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 a 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: 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: 4 Ordinance No. 8806-16 IHIM M I I � Ordinance No. 8806-16 Ordinance No. 8806-16 Immili A111111112! Ill Iwo 111, 11111 Ordinance No. 8806-16 NOW Ordinance No. 8806-16 W. -- -- -- -- -- -- - - - - -- -- - - - -- Cl - -- - - -- - - -- NOW. rim W MEZ911TATAFOXIMUMMI Ivor Ordinance No. 8806-16 Ordinance No. 8806-16 \ - - pmpeFtienatt-m then f-p,r the develepmeRt. amount towards meeting the standards and PFE)Geed iz At the diSGT with development's ev'IeFull tFwps"'—may be e fails ire to implement and maintain the meas Fee for an agreed r vanpeel upon time f bmGyGle e 0 and tmnspo ion impart fees tootthe extent that all or a pertiop of the pmpwtionate r share mitigation 1 � s to ddFec the came oapital .TJT7FiTi Z''rs��J�i�V-GRRTL�..�. the 0FdiRanGe7 10 Ordinance No. 8806-16 11 Ordinance No. 8806-16 ... 12 Ordinance No. 8806-16 91-9088 'oN 3OURUIp.1O £6 - - - - - - -- - -- -- - - - - --- - - - --- - - - - �i• r M o e o ThnreyAh Fate rtsn e ithnrevinr r� veer• t'r�tti� esr GE)St gFOVAh' The nF--VAh rate of nests two yearo nrinr• Cost nrE)vAh, - The gFE) i4h rn#e of node three ye�rc�rir�� . �T 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 projects within the City of Clearwater that generate hew 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 oil MWrr \ r�rr \ i ,r� rrrr \ r M o e o ThnreyAh Fate rtsn e ithnrevinr r� veer• t'r�tti� esr GE)St gFOVAh' The nF--VAh rate of nests two yearo nrinr• Cost nrE)vAh, - The gFE) i4h rn#e of node three ye�rc�rir�� . �T 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 projects within the City of Clearwater that generate hew 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/egress 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 less 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 proiects 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 proiect(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. g. 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. Demand manaaement/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 telecommuting programs. i. 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. Ntelligent transportation system improvements. This includes improvements pertaining to computerized traffic signal systems that automatically adjust 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. — Re�� 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 buildinq 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%NTxTLxCST03D CAP x2 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 feepaver oats to not have the impact fee determined accordina 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 feepaver 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 proiect. 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 driveway(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 6f the driveway that is located off-site. 7. Construction of shared inter -connecting 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 parking 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 eligible for credit against impact fee assessment. 11. The City Manager or his or her designee may accept an offer by the feepayer to implement all or part of a transportation improvement project consistent with the Clearwater Comprehensive Plan or the Metropolitan Planning Organization's Long Range Transportation Plan. The projects) 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 proiect, 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 proiect(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, less 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-] 6 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 feepayer 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 feepayer. ********** 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. Feepaver 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. 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 Approved as to form: Camilo Soto Assistant City Attorney George N. Cretekos Mayor Attest: Rosemarie Call City Clerk 25 Ordinance No. 8806-] 6 WORK SESSION AGENDA Council Chambers - City Hall 4/18/2016 - 1:00 PM 1. Call to Order 2. Engineering 2.1 Approve the final plat for Alexander at Countryside, whose physical address is 2506 Countryside Boulevard, located on the South -Westerly corner of Countryside Boulevard and Enterprise Road, South of S.R. 580 and East of Belcher Rd. (consent) 2.2 Approve a Cooperative Agreement between Pinellas County and the Cities of Clearwater and Dunedin for the development of a Comprehensive Watershed Master Plan (WMP) of Curlew Creek in the amount of $70,325.81 and authorize the appropriate officials to execute same. (consent) 1. Marine & Aviation 3.1 Approve a 30 -year Lease between the City of Clearwater and Clearwater Beach Seafood, Inc., to operate a full service restaurant at 37 Causeway Blvd., approve the license to utilize square footage west of the lease footprint for additional outdoor seating, and authorize the appropriate officials to execute same. (consent) 4. Public Utilities 4.1 Approve a Blanket Purchase Order with Xylem, Inc. of Apopka, FL, in the annual amount of $200,000.00 with the option for two, one-year term extensions for the purchase of Flygt Pumps, replacement parts, and factory authorized service effective June 1, 2016, and authorize the appropriate officials to execute same. (consent) 5. Public Communications 5.1 Award a contract (purchase order) for Copying and Printing Services to GLEM Inc DBA Sir Speedy Printing and authorize the appropriate officials to execute same. (consent) 6. Official Records and Legislative Services 6.1 Review Council Rules and provide direction. 6.2 Review Council Policies and provide direction. 7. Legal 7.1 Adopt Ordinance 8805-16 on second reading, amending the city's Comprehensive Plan by amending the Future Land Use Plan element updating the concurrency management system and allowing for non-contiguous annexations; amending the transportation element, establishing multi -modal design features; amending the coastal management element; amending the intergovernmental coordination element; amending the capital improvements element; and updating various terms and references. 0 7.2 Adopt Ordinance 8806-16 on second reading, amending Appendix A of the Code of Ordinances, renaming the Transportation Fee as the Multi -Modal Impact Fee, amending Division 9; amending Article 8; and replacing various "City Commission" references with "City Council." 7.3 Adopt Ordinance 8847-16 on second reading, annexing certain real properties whose post office addresses are 1216 Aloha Lane, 1310 Idlewild Drive, 1915 Macomber Avenue, 2047 and 2049 Poinsetta Avenue, 1273 Sedeeva Circle North, 1209 and 1212 Sheridan Road and 1227 Union Street, all within Clearwater, Florida 33755, together with certain rights-of-way of Aloha Lane, Douglas Avenue, Sheridan Road, Union Street and Poinsetta Avenue, into the corporate limits of the city and redefining the boundary lines of the city to include said additions. 7.4 Adopt Ordinance 8848-16 on second reading, amending the future land use plan element of the Comprehensive Plan of the city to designate the land use for certain real properties whose post office addresses are 1216 Aloha Lane, 1310 Idlewild Drive, 1915 Macomber Avenue, 2047 and 2049 Poinsetta Avenue, 1273 Sedeeva Circle North, 1209 and 1212 Sheridan Road and 1227 Union Street, all within Clearwater, Florida 33755, upon annexation into the City of Clearwater, as Residential Urban (RU) and Preservation (P). 7.5 Adopt Ordinance 8849-16 on second reading, amending the Zoning Atlas of the city by zoning certain real properties whose post office addresses are 1216 Aloha Lane, 1310 Idlewild Drive, 1915 Macomber Avenue, 2047 and 2049 Poinsetta Avenue, 1273 Sedeeva Circle North, 1209 and 1212 Sheridan Road and 1227 Union Street, all within Clearwater, Florida 33755, upon annexation into the City, of Clearwater, as Low Medium Density Residential (LMDR) and Preservation (P). 7.6 Adopt Ordinance 8850-16 on second reading, annexing certain real properties whose post office addresses are 2040 Poinsetta Avenue, 1208 and 1210 Sunset Point Road, all within Clearwater, Florida 33755, together with certain rights-of-way of Sunset Point Road and Douglas Avenue, into the corporate limits of the city and redefining the boundary lines of the city to include said additions. 7.7 Adopt Ordinance 8851-16 on second reading, amending the future land use plan element of the Comprehensive Plan of the city to designate the land use for certain real properties whose post office addresses are 2040 Poinsetta Avenue, 1208 and 1210 Sunset Point Road, all within Clearwater, Florida 33755, upon annexation into the City of Clearwater, as Residential Urban (RU). .7.8 Adopt Ordinance 8852-16 on second reading, amending the, -Zoning Atlas of the city by zoning certain real properties whose post office addresses are 2040 Poinsetta Avenue, 1208 and 1210 Sunset Point Road, all within Clearwater, Florida 33755, upon annexation into the City of Clearwater, as Low Medium Density Residential (LMDR). 7.9 Adopt Ordinance 8853-16 on second reading, annexing certain real property whose post office address is 1224 Sunset Point Road, Clearwater, Florida 33755, together with all abutting right-of-way of Sunset Point Road into the corporate limits of the city and redefining the boundary lines of the city to include said addition. 14 7.10 Adopt Ordinance 8854-16 on second reading, amending the future land use plan element of the Comprehensive Plan of the city to designate the land use for certain real property whose post office address is 1224 Sunset Point Road, Clearwater, Florida 33755, upon annexation into the City of Clearwater, as Residential Urban (RU). 7.11 Adopt Ordinance 8855-16 on second reading, amending the Zoning Atlas of the city by zoning certain real property whose post office address is 1224 Sunset Point Road, Clearwater, Florida 33755, upon annexation into the City of Clearwater, as Low Medium Density Residential (LMDR). 7.12 Adopt Ordinance 8865-16 on second reading, annexing certain real property whose post office address is 1790 McCauley Road, Clearwater, Florida 33765 into the corporate limits of the city and redefining the boundary lines of the city to include said addition. 7.13 Adopt Ordinance 8866-16 on second reading, amending the future land use plan element of the Comprehensive Plan of the city to designate the land use for certain real property whose post office address is 1790 McCauley Road, Clearwater, Florida 33765, upon annexation into the City of Clearwater, as Residential Estate (RE). 7.14 Adopt Ordinance 8867-16 on second reading, amending the Zoning Atlas of the city by zoning certain real property whose post office address is 1790 McCauley Road, Clearwater, Florida 33765, upon annexation into the City of Clearwater, as Low Density Residential (LDR). 7.15 Adopt Ordinance 8868-16 on second reading, annexing certain real property whose post office address is 1635 Sherwood Street, Clearwater, Florida 33755, together with the abutting right-of-way of Lynn Avenue, into the corporate limits of the city and redefining the boundary lines of the city to include said addition. 7.16 Adopt Ordinance 8869-16 on second reading, amending the future land use plan element of the Comprehensive Plan of the city to designate the land use for certain real property whose post office address is 1635 Sherwood Street, Clearwater, Florida 33755, upon annexation into the City of Clearwater, as Residential Low (RL). 7.17 Adopt Ordinance 8870-16 on second reading, amending the Zoning Atlas of the city by zoning certain real property whose post office address is 1635 Sherwood Street, Clearwater, Florida 33755, upon annexation into the City of Clearwater, as Low Medium Density Residential (LMDR). 7.18 Adopt Ordinance 8871-16 on second reading, annexing certain real properties whose post office addresses are 2109 Burnice Drive, 2173, 2174 and 2185 Bell Cheer Drive, all within Clearwater, Florida 33764, into the corporate limits of the city and redefining the boundary lines of the city to include said additions. 7.19 Adopt Ordinance 8872-16 on second reading, amending the future land use plan element of the Comprehensive Plan of the city to designate the land use for certain real properties whose post office addresses are 2109 Burnice Drive, 2173, 2174 and 2185 Bell Cheer Drive, all within Clearwater, Florida 33764, upon annexation into the City of Clearwater, as Residential Low (RL). t7 7.20 Adopt Ordinance 8873-16 on second reading, amending the Zoning Atlas of the city by zoning certain real properties whose post office addresses are 2109 Burnice Drive, 2173, 2174 and 2185 Bell Cheer Drive, all within Clearwater, Florida 33764, upon annexation into the City of Clearwater, as Low Medium Density Residential (LMDR). 7.21 Adopt Ordinance 8874-16 on second reading, annexing certain real property whose post office address is 1484 Grove Circle Court, Clearwater, Florida 33755, into the corporate limits of the city and redefining the boundary lines of the city to include said addition. 7.22 Adopt Ordinance 8875-16 on second reading, amending the future land use plan element of the Comprehensive Plan of the city to designate the land use for certain real property whose post office address is 1484 Grove Circle Court, Clearwater, Florida 33755, upon annexation into the City of Clearwater, as Residential Low (RL). 7.23 Adopt Ordinance 8876-16 on second reading, amending the Zoning Atlas of the city by zoning certain real property whose post office address is 1484 Grove Circle Court, Clearwater, Florida 33755, upon annexation into the City of Clearwater, as Low Medium Density Residential (LMDR). 7.24 Adopt Ordinance 8897-16 on third reading, annexing certain real property whose post office address is 1712 Grove Drive, Clearwater, Florida 33759, into the corporate limits of the city and redefining the boundary lines of the city to include said addition. 7.25 Adopt Ordinance 8898-16 on third reading, amending the future land use plan element of the Comprehensive Plan of the city to designate the land use for certain real property whose post office address is 1712 Grove Drive, Clearwater, Florida 33759, upon annexation into the City of Clearwater, as Residential Low (RL). 7.26 Adopt Ordinance 8899-16 on third reading, amending the Zoning Atlas of the city by zoning certain real property whose post office address is 1712 Grove Drive, Clearwater, Florida 33759, upon annexation into the City of Clearwater,, as Low Medium Density Residential (LMDR). 8. City Manager Verbal Reports 9. City Attorney Verbal Reports 10. New Business (items not on the agenda may be brought up asking they be scheduled for subsequent meetings or work sessions in accordance with Rule 1, Paragraph 2). 11. Closing Comments by Mayor 12. Adjourn 13. Presentation(s) for Council Meeting 13.1 Swim Across America Day Proclamation - Rob Shapiro, Swim Across America 13.2 EMS Week 2016 Proclamation - Todd Connors, Assistant Chief of EMS 13.3 Relay for Life Weekend Proclamation - Anne Fogarty France, Economic Development & Housing 13.4 Public Works Week is 5/15-21/16 Proclamation - David Porter, Public Utilities Director 13.5 SkyTran Presentation - Tom Nocera ORDINANCE NO. 14 - AN ORDINANCE OF THE COUNTY OF PINELLAS ESTABLISHING A MOBILITY MANAGEMENT SYSTEM BY AMENDING CHAPTER 150 OF THE PINELLAS COUNTY LAND DEVELOPMENT CODE, IMPACT FEES BY CHANGING THE NAME FROM IMPACT FEES TO MULTI -MODAL IMPACT FEES; REVISING SECTIONS 150-36 AND 150-39 THROUGH 150-47 TO REFLECT THE AFOREMENTIONED CHANGE TO CHAPTER NAME; REVISING SECTION 150-36, DEFINITIONS, TO ADD DEFINITIONS RELATING TO PINELLAS COUNTY MOBILITY PLAN, PEAK HOUR TRIP, PRE-EXISTING USE, TRANSPORTATION MANAGEMENT PLAN AND VOLUME TO CAPACITY RATIO; CHANGING TITLE OF SECTION 150-38 TO INTENT, PURPOSE AND LEGISLATIVE FINDINGS AND ADDING LEGISLATIVE FINDINGS SUBSECTION; REVISING SECTION 150-40, COMPUTATION OF AMOUNT, TO CORRECT UNIT RATE FOR ADULT CONGREGATE LIVING FACILITY AND ADD FOOTNOTE RELATED TO GENERAL COMMERCIAL CATEGORY; RENUMBERING SECTION 150-48, TERRITORY EMBRACED, TO 150-49 AND REVISING FOR COUNTYWIDE APPLICATION; RENUMBERING SECTION 150-49, REPEAL OF ARTICLE, TO 150- 50; CHANGING NAME OF SECTION 150-48 TO MOBILITY MANAGEMENT AND ADDING DESCRIPTIONS AND PROVISIONS RELATED TO TRANSPORTATION MANAGEMENT PLAN, DEFICIENT ROAD CORRIDORS, TIER 1 AND 2 DEVELOPMENT PROJECTS, AND DEVELOPMENT REQUIREMENTS WITHIN AND OUTSIDE DEFICIENT ROAD CORRIDORS; REVISING EXHIBIT A TO REFLECT CHAPTER NAME CHANGE; MODIFYING BOUNDARIES OF DISTRICT 7A IN EXHIBIT G, LARGO DOWNTOWN AREA; ADDING EXHIBIT J, DEFICIENT ROAD MAP; AND PROVIDING FOR OTHER MODIFICATIONS THAT MAY ARISE FROM REVIEW OF THIS ORDINANCE AT THE PUBLIC HEARING AND/OR WITH OTHER RESPONSIBLE PARTIES; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the Pinellas County Board of County Commissioners has established that land development shall bear a proportionate cost of the provision of new or expanded capital facilities required by such development; and WHEREAS, the Pinellas County Board of County Commissioners has determined that the transportation system in Pinellas County should be able to adequately provide for the movement of people and goods and promote and protect public health, safety, and welfare if new development is to be accommodated; and WHEREAS, the Pinellas County Board of County Commissioners has previously provided for transportation impact fees and their administration through the adoption of Ordinance 86-43 and subsequent amendments and their inclusion in the Pinellas County Land Development Code; and WHEREAS, Florida House Bill 7207, also known as the Community Planning Act, was signed into law in 2011; and 1 WHEREAS, the Community Planning Act removed State requirements for local government implementation of transportation concurrency management systems; and WHEREAS, in the absence of state imposed transportation concurrency management requirements, the Pinellas County Metropolitan Planning Organization authorized a multi - jurisdictional task force to develop a countywide approach to manage the transportation impacts of development projects through local site plan review processes; and WHEREAS, the Mobility Plan Task Force participated in the development of a countywide mobility plan through a coordinated effort involving the local governments of Pinellas County, and the Pinellas Suncoast Transit Authority, Pinellas Planning Council and Florida Department of Transportation which was approved by the Metropolitan Planning Organization on September 11, 2013; and WHEREAS, the Pinellas County Mobility Plan provides a more flexible and efficient alternative to the traditional form of concurrency management, which ties development approvals to maintaining adopted roadway level of service standards, while facilitating multi- modal transportation solutions; and WHEREAS, the Pinellas County Mobility Plan incorporates the assessment of impact fees as a central element in its implementation; and WHEREAS, the Pinellas County Mobility Plan was approved by the Pinellas County Metropolitan Planning Organization on September 11, 2013; and WHEREAS, the Pinellas County Mobility Plan calls for renaming the Transportation Impact Fee Ordinance the Multi -modal Impact Fee Ordinance to reflect the purpose of Ordinance to improve the capacity of the countywide transportation system for all users; and WHEREAS, amendments to Section 150 are needed to establish a mobility management system designed to implement the Pinellas County Mobility Plan; and WHEREAS, the City of Largo has requested modification of the boundaries of its -downtown district; and WHEREAS, revisions to Exhibits A and G are necessary to adjust the boundaries of the Largo downtown district; and WHEREAS, the requested modification of the Largo downtown district is consistent with the terms of the Transportation Impact Fee Ordinance regarding the application of fee schedule B; and WHEREAS, changes are necessary to correct the unit rate for adult congregate living facility and to add a footnote to fee schedules A and B related to the unit of measure for the general commercial category. 2- NOW, THEREFORE, BE IT ORDAINED, BY THE BOARD OF COUNTY COMMISSIONERS OF PINELLAS COUNTY, FLORIDA THAT: SECTION 1. CHAPTER 150 OF THE PINELLAS COUNTY LAND DEVELOPMENT CODE IS HEREBY RENAMED MULTI -MODAL IMPACT FEES. SECTION 2. SECTION 150-36 OF THE PINELLAS COUNTY LAND DEVELOPMENT CODE IS HEREBY AMENDED TO READ AS FOLLOWS: SEC. 150-36. DEFINITIONS The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: City manager means the chief administrative officer of the involved jurisdiction and/or his designee. County administrator means the county administrator and/or his designee. Credits means the impact fee deductions allowed a feepayer for eligible off-site transportation improvements funded by the feepayer. Deficient faciliby means a road derating 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. Expansion of the capacity of a road applies to all road and intersection capacity enhancements and includes but is not limited to extensions, widening, intersection improvements, drainage improvements and upgrading signalization. External trip means any trip which has either its origin or destination at the development site and which impacts the major road network system. Fair share fee means the fee required to be paid in accordance with this article. Feepayer means a person commencing a land development activity which generates traffic and which requires the issuance of a certificate of occupancy, land use permit or occupational license. Independent fee calculation study means the traffic engineering and/or economic documentation prepared by a feepayer to allow the determination of the impact fee other than by the use of the table in section 150-40(c) of this article. 3 Land development activity generating traffic means any construction or expansion of building(s) or structure(s), or any changes in the use of any structure(s) that attracts or produces additional vehicular trips. Level of service is a qualitative measure that represents the collective factors of speed, travel, time, traffic interruption, freedom to maneuver, safety, driving comfort and convenience, and operating costs provided by a highway facility under a particular volume condition. Levels of service vary from A to F as described in the transportation elements of the local comprehensive plans, the Transportation Research Board's Highway Capacity Manual, and similar documents. Mobility management system is the process utilized by Pinellas County to implement the Pinellas County Mobility Plan. This includes the process of managing the transportation impacts of development projects and the assessment, collection and expenditure of multi -modal impact fees. New peak hour trip refers to a vehicle trip added to the major road network from and to a developed parcel of land during the weekdgy peak hour. This excludes "passer-by" or "diverted" trips, whereby the site is accessed as a secondary trip. Off-site improvements means road improvements, other than those referenced in the definition of site -related improvements, located outside of the boundaries of the parcel proposed for development, which are required to serve the development's external trips. Peak hour, in describing traffic conditions, is the 100th highest volume hour of the year in the predominant traffic flow direction. Pinellas County Mobility Plan is a countywide approach to managing the transportation impacts of development projects and increasing mobilitypedestrians, bicyclists, transit users and motor vehicles utilizing the multi -modal impact fee ordinance and :local site plan review processes. Pre-existing use refers to the land use that that occupied a parcel of land prior to the submittal of a permit/site plan application. In accordance with Section 150-39, development projects are entitled to a credit equivalent to the impact fee assessment of any land use activity that existed on the property as of 1986, the original adoption year of this Ordinance. The applicant must provide the necessary documentation to verifyapre-existing use activity not reflected in the current records of the Pinellas County Property Appraiser's Office. Road means, any public way for purposes of vehicular traffic, including the entire area within the right-of-way. 11 Site -related improvements means capital improvements necessary for direct access/egress to the development in question. Direct access/egress site -related improvements include but are not limited to the following: (1) Site driveways and roads; (2) Right and left turn lanes leading to those driveways; (3) Traffic control measure for those driveways; (4) Acceleration/deceleration lanes; (5) Median openings/closing; (6) Frontage roads; and (7) Roads necessary to provide direct access to the development. Multi -modal Impact Fee District means areas from which impact fee monies are collected and expended. These districts are defined in exhibit A. Transportation Improvement means and includes construction projects and transportation demand and system management initiatives including but not limited to: (1) Construction of new through lanes; (2) Construction of new turn lanes; (3) Construction of new bridges or grade separations; (4) Construction of new or upgrading of existing drainage facilities in conjunction with new roadway construction; (5) Purchase and installation of traffic signalization, including new and upgraded signalization; (6) Construction of curbs, medians and shoulders; (7) Relocating utilities to accommodate new roadway construction; (8) Construction of intersection improvements; (9) Construction of sidewalks; (10) Installation of on -street bicycle lanes and construction of bicycle/pedestrian trails; 5 (11) Construction of transit facilities such as shelters and pullout bays; (12) Construction of park and ride lots; (13) Intelligent transportation system (ITS) projects; and (14) Commuter assistance programs. Transportation management plan, as developed by an applicant representing a proposed ies to address their increase mobility k all. users. Transportation Management Plans mus Planning and Development Services for review and approval. Transportation mana e�plan strategies are intended to increase mobility while addressing the transportation impacts of development projects. They include, but are not limited to, density/intensity reductions, project phasing, access controls, capital improvements and/or initiatives encouraging mass transit, bicycle or pedestrian travel, ride -sharing or roadway improvements. They do not include standard requirements necessary for site plan approval or operational improvements. Volume -to -capacity 010 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. no SECTION 3. SECTION 150-37 OF THE PINELLAS COUNTY LAND DEVELOPMENT CODE IS HEREBY AMENDED TO READ AS FOLLOWS: Sec. 150-37. Rules of construction. (a) The provisions of this article shall be liberally construed so as to effectively carry out its purpose in the interest of the public health, safety and welfare. (b) For the purpose of administration and enforcement of this article, unless otherwise stated in this article, the following rules of construction shall apply to the text of this article; (1) Any road right-of-way used to define tfanspeAafi multi -modal impact fee district boundaries, as identified in exhibit A, shall be considered to be within each district it bounds for purposes of using these funds. (2) The land use types listed in section 150-40 shall have the same meaning as under the land use element(s) of the local comprehensive plans. SECTION 4. SECTION 150-38 OF THE PINELLAS COUNTY LAND DEVELOPMENT CODE IS HEREBY AMENDED TO READ AS FOLLOWS: Sec. 150-38. Intent= and purpose and legislative findings. (a) This article is intended to implement and be consistent with the county comprehensive plan and the plans of the municipalities in the county adopted pursuant to F.S. Ch. 163. (b) The purpose of this article is to assure that new development levels- of sei=viee end tthe4 new deve e„fer* bears a proportionate share of the cost of capital expenditures necessary to meet transportation needs as established by the county comprehensive plan, the metropolitan planning organization's long range transportation plan, and the comprehensive plans of the municipalities in the county. Uc� The legislative findings are as follows: (1) Florida House Bill 7207, the Community Planning Act, was legislated in 2011. The Act eliminated state mandated concurrency management requirements related to transportation facilities for local governments; (2) In 2013 the Pinellas County Metropolitan Planning Organization approved the Pinellas County Mobility Plan. The intent of the Mobility Plan is to replace local transportation concurrencymna management with a system that provides local governments with the means to manage the traffic impacts of development projects; (3) The transportation element of the comprehensive plan identifies a number of highway system facilities operating under deficient level of service conditions. These require the application of mobility plan provisions in order to manage 7 transportation impacts and to increase mobility through the use of multi -modal impact fees to fund transportation improvements, (3) The 2012 Moving Ahead for Progress in the 21St CentM (MAP 21) Act, which sets forth requirements for metropolitan transportation planning, promotes integrated transportation systems that maximize mobility and accessibility and the preservation, rather than the construction, of highways; (4) Local comprehensive plans provide data, analysis, and policies supporting the management of development impacts on major roads operating with deficient level of service conditions throughpplication of the Pinellas County Mobility Plan and supporting land use policies; (5) Transportation management plan strategies are important tools for local governments to manage development impacts while maximizing mobility and accessibility consistent with the comprehensive plan and MAP 21; and (6) The Community Planning Act encourages the coordination of planning andrg owth management activities among local governments, the Metropolitan Planning Organization and regional and state government agencies. SECTION 5. SECTION 150-39 OF THE PINELLAS COUNTY LAND DEVELOPMENT CODE IS HEREBY AMENDED TO READ AS FOLLOWS: Sec. 150-39. Fee Required (a) Any person who, seeks a certificate of occupancy for land development activity or seeks to change a use by applying for issuance of an occupational license, land use permit, or municipal equivalent thereof which will generate additional traffic shall be required to pay a multi -modal impact fee in the manner and amount set forth in this article. (b) No certificate of occupancy, use permit or occupational license for any activity requiring payment of an impact fee pursuant to section 150-40 shall be issued unless and until the tmnspef4a multi -modal impact fee hereby required has been paid. (c) Any person who has submitted a site plan or building permit application in accordance with local land development codes prior to the effective date of this amendatory ordinance will be subject to the terms of the ordinance that was in effect at the time the site plan or building permit application was submitted. SECTION 6. SECTION 150-40 OF THE PINELLAS COUNTY LAND DEVELOPMENT CODE IS HEREBY AMENDED TO READ AS FOLLOWS: Seca 150-40. Computation of amount. (a) The amount of the transom multi -modal impact fees imposed under this article 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). (b) The following formula shall be used by the county administrator, city manager or functional equivalent to determine the impact fee per unit of development: TGR x %NT x TL x CST (E CAP x 2 LVITHIUM 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 (.268). (c) At the option of the feepayer, the amount of the tr-anspeAa4ien multi -modal impact fee may be determined by the following fee schedules (schedule A contains the impact fee rates for uses outside of designated downtown/redevelopment areas; schedule B contains rates for downtown/redevelopment areas): Schedule A. General Fee Schedule Land use type Unit Trip rate Avg. Percent Fee per Single-family du 9.6 trip new unit Multi -family du 6.6 length trips $1,420 Residential: 1000 sf 16.3 5.1 0.92 $3,292 Single-family du 9.6 5.0 1.00 $2,066 Multi -family du 6.6 5.0 1.00 $1,420 Condominium/Townhome du 5.8 5.0 1.00 $1,248 Efficiency apt./hotel room 5.0 3.3 0.59 $419 Mobile home du 5.0 5.0 1.00 $1,076 Licensed ACLF bed 2.7 2.8 .74 &250-$2-41 General Office: 0-49,999 sq. ft. 1000 sf 16.3 5.1 0.92 $3,292 50,000 -149,999 sq. ft. 1000 sf 13.7 5.1 0.92 $2,767 150,000 - 299,999 sq. ft. 1000 sf 11.5 5.1 0.92 $2,323 300,000 - 599,999 sq. ft. 1000 sf 10.4 5.1 0.92 $2,100 600,000 - 799,999 sq. ft. 1000 sf 8.4 5.1 0.92 $1,697 6 Land use type Unit Trip rate Avg. Percent Fee per Research center: trip new unit Research center 1000 sf 6.1 length trips $15232 Over 800,000 sq. ft. 1000 sf 8.2 5.1 0.92 $1,656 Research center: Research center 1000 sf 6.1 5.1 0.92 $15232 Industrial: General industrial 1000 sf 7.0 5.1 0.92 $1,414 Industrial park 1000 sf 7.0 5.1 0.92 $1,414 Manufacturing 1000 sf 3.8 5.1 0.92 $767 Warehousing 1000 sf 3.6 5.1 0.92 $727 Mini -warehousing 1000 sf 2.5 3.1 0.92 $307 Medical: Hospital .bed 11.8 6.4 0.77 $2,503 Nursing home bed 2.4 2.8 0.75 $217 Clinic/Medical office 1000 sf 35.2 4.9 0.85 $6,311 Veterinary clinic 1000 sf 32.8 1.9 0.70 $1,878 Lodging: Hotel room 8.2 6.4 0.71 $1,604 Motel (budget style) room 5.6 6.4 0.59 $910 Resort hotel room 18.4 5.4, 0.75 $3,208 Recreation: General recreation pkg sp 3.4 6.4 0.90 $843. Marina boat 3.0 7.0 0.90 .$814 berth Dry dock marina boat slip 2.1 3.6 0.90 $293 Racquet club 1000 sf 14. 3.0 0.75 $1,356 Golf course acre 5.0 7.1 0.90 $1,375 Fitness center 1000 sf 27.0 4:0 0.84 $3;905 Retail: Quality restaurant 1000 sf 90.0 2.5 0.82 $7,942 Sit-down restaurant 1000 sf 127.0 1.9 0.79 $8,205 Drive-in restaurant 1000 sf 496.0 1.7 0.54 $19,599 Quality drive-in restaurant 1000 sf 279.7 1.7 0.75 $15,350 Discount store (ind.) 1000 sf 56.0 1.8 0.61 $2,647 Building materials store 1000 sf 45.2 1.7 0.61 $2,018 Home Improvement 1000 sf 29.8 2.2 0.83 $2,342 Superstore New and used car sales 1000 sf 33.3 2.4 0.79 $2,718 Service station w/ conven. pump 162.8 1.9 0.23 $3,062 10 Land use type Unit Trip rate Avg. Percent Fee per Convenience market store (under 3,000 sf) trip new unit (3,000 sf or over) 1.5 Movie theater w/ matinee length trips 1000 sf Market <800 sf 1000 sf Car wash 1000 sf Supermarket 1000 sf Convenience market store (under 3,000 sf) student Convenience market 1000 sf (3,000 sf or over) 1.5 Movie theater w/ matinee screen Auto repair/detailing 1000 sf Furniture store 1000 sf Retail nursery (garden 1000 sf ctr.) $2,232 Discount club store 1000 sf Discount superstore 1000 sf Video rental store (free 1000 sf standing) $1,701 General commercial: 4.0 Under 100,000 sq. ft. 1000 sf 65.3 2.2 10000 -199,999 sq. ft. 1000 sf 13.6 2.3 200,000 - 299,999 sq. ft. 1000 sf 300,000 - 399,999 sq. ft. 1000 sf 400,000 - 499,999 sq. ft. 1000 sf gla 500,000 - 999,999 sq. ft. 1000 sf Over 1,000,000 sq. ft. 1000 sf Services: Bank 1000 sf Institutional: Church 1000 sf Library (private) 1000 sf Day care center 1000 sf Elementary school student High school student Junior/community college student 11 151.2 1.6 0.67 $6,977 102 1.7 0.53 $3,956 1762.9 1.5 0.25 $28,456 887.1 1.5 0.25 $14,319 132.0 2.3 0.85 $11,108 28.4 2.2 0.83 $2,232 5.1 2.4 0.79 $351 36.0 1.8 0.61 $1,701 41.8 4.0 0.89 $6,405 65.3 2.2 0.83 $5,133 13.6 2.3 0.85 $1,144 94.7 1.7 0.49 $3,396 74.3 1.8 0.63 $3,627 58.9 2.0 0.75 $3,803 48.3 2.3 0.79 $3,778 43.0 2.5 0.80 $3,702 37.7 3.0 0.81 $3,943 33.4 3.6 0.81 $4,192 144.0 1.6 0.30 $2,975 9.1 3.9 0.90 $1,375 56.0 3.9 0.90 $8,461 79.0 2.0 0.74 $5,033 1.3 4.3 0.80 $192 1.7 4.3 0.90 $283 1.2 7.3 0.90 $339 Land use type Unit Trip rate Avg. Percent Fee per Airport flights 2.0 trip new unit Park acres 36.5 length trips $9,050 University student 2.4 7.3 0.90 $679 Airport flights 2.0 6.0 0.90 $465 Park acres 36.5 6.4 0.90 $9,050 Note: General commercial unit is gross leasable area. 12 Schedule B. Downtown Redevelopment Fee Schedule Land use type Unit Trip Avg. Percent Fee per Condominium/Townhome du rate trip new unit Licensed ACLF bed General Office: length trips 1000 sf Residential: 5.0 Single-family du Multi -family du Condominium/Townhome du Efficiency apt./hotel room Mobile home du Licensed ACLF bed General Office: 0-49,999 sq. ft. 1000 sf 50,000 -149,999 sq. ft. 1000 sf 150,000 - 299,999 sq. ft. 1000 sf 300,000 - 599,999 sq. ft. 1000 sf 600,000 - 799,999 sq. ft. 1000 sf Over 800,000 sq. ft. 1000 sf Research center: 5.1 Research center 1000 sf Industrial: 5.1 General industrial 1000 sf Industrial park 1000 sf Manufacturing 1000 sf Warehousing 1000 sf Mini -warehousing 1000 sf Medical: 5.1 Hospital bed Nursing home bed Clinic/Medical office 1000 sf Veterinary clinic 1000 sf Lodging: $1,137 Hotel room Motel (budget style) room Resort hotel room 13 9.6 5.0 0.74 $1,529 6.6 5.0 0.74 $972 5.8 5.0 0.74 $924 5.0 3.3 0.59 5.0 5.0 0.74 $796 2.7 2.8 0.74 $50-$241 16.3 5.1 0.74 $2,648 13.7 5.1 0.74 $2,226 11.5 5.1 0.74 $1,868 10.4 5.1 0.74 $1,689 8.4 5.1 0.74 $1,365 8.2 5.1 0.74 $1,332 6.1 5.1 0.74 $991 7.0 5.1 0.74 $1,137 7.0 5.1 0.74 $1,137 3.8 5.1 0.74 $617 3.6 5.1 0.74 $585 2.5 3.1 0.74 $247 11.8 6.4 0.62 $2,015 2.4 2.8 0.60 $174 35.2 4.9 0.70 $5,197 32.8 1.9 0.70 $1,878 8.2 6.4 0.61 $1,378 5.6 4.0 0.61 $588 18.4 5.4 0.61 $2,609 Recreation: Land use type Unit Trip Avg. Percent Fee per pkg sp 3.4 6.4 rate trip new unit 3.0 7.0 0.32 $289 length trips 2.1 Recreation: General recreation pkg sp 3.4 6.4 0.32 $300 Marina boat berth 3.0 7.0 0.32 $289 Dry dock marina boat slip 2.1 3.6 0.32 $104 Racquet club 1000 sf 14 3:0 0.32 $579 Fitness center 1000 sf 27.0 4.0 0.36 $1,674 Retail: Quality restaurant 1000 sf 90.0 2.5 0.21 $2,034 Sit-down restaurant 1000 sf 127.0 1.9 0.21 $2,181 Drive-in restaurant 1000 sf 496.0 1.7 0.21 $7,622 Quality drive-in restaurant 1000 sf 279.7 1.7 0.21 $4,298 Discount store (ind.) 1000 sf 56.0 1.8 0.34 $1,475 Building materials store 1000 sf 45.2 1.7 0.34 $1,125 Home Improvement 1000 sf 29.8 2.2 0.34 $959 Superstore New and used car sales 1000 sf 33.3 2.4 0.52 $1,789 Service station w/ conven. pump 162.8 1.9 0.23 $3,062 market <800 sf Car wash 1.000 sf 151.2 1.6 0.40 $4,165 Supermarket 1000 sf 102 1.7 0.53 $3,956 Convenience market store 1762.9 1.5 0.25 $28,456 (under 3,000 sf) Convenience market 1000 sf 887.1 1.5 0.25 $14,319 (3,000 sf or over) Movie theater w/ matinee screen 132.0 2.3 0.58 $7,580 Auto repair/detailing 1000 sf 28.4 2.2 0.56 $1,506 Furniture store 1000 sf 5.1 2.4 0.52 $231 Retail nursery (garden 1000 sf 36.0 1.8 0.34 $948 ctr.) Discount club store 1`000 sf 41.8 4.0 0.30 $2,159 Discount superstore 1000 sf 65.3 2.2 0.30 $1,855 Video rental store (free 1000 sf 13.6 2.3 0.32 $431 standing) 14 Land use type Unit Trip Avg. Percent Fee per Under 100,000 sq. ft. 1000 sf rate trip new unit 100,000 -199,999 sq. ft. 1000 sf 74.3 length trips $2,015 General commercial: Under 100,000 sq. ft. 1000 sf 94.7 1.7 0.30 $2,079 100,000 -199,999 sq. ft. 1000 sf 74.3 1.8 0.35 $2,015 200,000 - 299,999 sq. ft. 1000 sf 58.9 2.0 0.47 $2,383 300,000 - 399,999 sq. ft. 1000 sf 48.3 2.3 0.51 $2,439 400,000 - 499,999 sq. ft. 1000 sf 43.0 2.5 0.53 $2,452 500,000 - 999,999 sq. ft. 1000 sf 37.7 3.0 0.54 $2,629 Over 1,000,000 sq. ft. 1000 sf 33.4 3.6 0.54 $2,795 Services: Bank 1000 sf 144.0 1.6 0.30 $2,975 Institutional: Church 1000 sf 9.1 3.9 0.35 $535 Library (private) 1000 sf 56.0 3.9 0.63 $5,923 Day care center 1000 sf 79.0 2.0 0.47 $3,196 Elementary school student 1.3 4.3 0.53 $128 High school student 1.7 4.3 0.63 $198 Junior/community college student 1.2 7.3 0.63 $238 University student 2.4 7.3 0.63 $475 Park acres 36.5 6.4 0.63 $6,335 Note: General commercial unit is gross leasable area. The downtown area fee schedule applies to existing downtown areas geographically depicted in the attached maps including exhibit A, Impact Fee Districts; exhibit B, St. Petersburg Downtown Area District 11A, exhibit C, Safety Harbor Downtown Area District 5A, exhibit D, Pinellas Park Downtown Area District 10A, exhibit E, Clearwater Downtown Area District 6A; exhibit F, Dunedin Downtown Area District 4A; exhibit G, Largo Downtown Area District 7A; exhibit H, Oldsmar Downtown Area District 2A; and exhibit I, Old Palm Harbor District 3A. The 1990 MPO Pinellas County Transportation Impact Fee Study contains technical data indicating there are significantly fewer new vehicle trips generated for each unit of development in these areas as compared to similar land uses outside them. These areas are delineated in locally adopted redevelopment or comprehensive plans with supporting policies designed to encourage infill and redevelopment activity. New areas with similar trip generation characteristics, as described in the 1990 MPO Pinellas County Transportation Impact Fee Study, may be added to the attached exhibits through the amendment of the ordinance pursuant to the submittal of a detailed map and documentation that such areas meet the criteria in the 1990 Pinellas County MPO Transportation Impact Fee Study. In the case of a change of 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 15 fee for the highest previous use in existence on or after the effective date of the ordinance from which this section derives. The county administrator or city manger 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. (d) If a feepayer shall opt not to have the impact fee determined according to subsections (b) and (c) of this section, then the feepayer shall prepare and submit to the county administrator, city manager or functional equivalent for approval of an independent fee calculation study for the land development activity for which a certificate of occupancy, land use permit or occupational license is sought. The traffic engineering and/or economic documentation submitted, which will require a pre -application meeting with the county administrator, city manager or functional equivalent, shall show the basis upon which the independent fee calculation was made, including but not limited to the following: (1) Trip generation studies: a. Documentation of trip development activity. b. Documentation of trip activity. c. Documentation of trip activity. generation rates appropriate for the proposed. land length appropriate for the proposed land development data appropriate for the proposed land development (2) Economic documentation studies: a. Documentation of the cost per lane per mile for roadway construction for the proposed land development activity. b. 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. (e) Trip generation data. Trip generation documentation other than traffic engineering or economic documentation described in section 150-40(d)(1) and (2) may be submitted by the applicant in consideration of an independent fee calculation. SECTION 7. SECTION 150-41 OF THE PINELLAS COUNTY LAND DEVELOPMENT CODE IS HEREBY AMENDED TO READ AS FOLLOWS: Sec. 150-41. Payment of fee and credits. (a) The person applying for the issuance of a certificate of occupancy, land use permit or occupational license shall pay the t+anspertafierl multi -modal impact fee to the county administrator, the city manager, their functional equivalent or their respective designees prior to the issuance of such permit. Fees for mobile homes shall be payable prior to the issuance of the permits which allow the mobile home to move on to a lot. The county administrator, city manager, their functional equivalent or their respective designees will have full collection 16 authority as well as full discretion for approval of alternative methods for calculation of impact fees on a case-by-case basis. Fees shall be collected as part of the normal permitting process of each local jurisdiction. (b) All funds collected under this article shall be properly identified by the 4aftspel4a4ion multi -modal impact fee district, as identified in exhibit A, and promptly transferred for deposit into the appropriate peien impact fee trust account to be held in separate accounts as determined in section 150-42 and used solely for the purposes specified in this article. (c) In lieu of all or part of the tr-anspoAatimulti-modal impact fee imposed under this article, the county administrator, city manager or functional equivalent may accept the offer by a feepayer to implement all or part of a transportation improvement project consistent with the local government comprehensive plan or plans, or the metropolitan planning organization's long range transportation plan. The project(s) may be for any mode of transportation, including rail, transit, pedestrian or bicycle travel, 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 improvements. These transportation improvements must be in accordance with city, county and state requirements, whichever are applicable. The feepayer shall submit an offer to make improvements in lieu of a fee payment. The offer shall include a letter detailing the improvements to be made, improvement plans and a construction cost estimate in sufficient detail to allow the county administrator, city manager or functional equivalent to determine consistency with local requirements. If the county administrator, city manager, functional equivalent or their respective designees accept such an offer, the cost of the improvement project, except for the improvements identified in sections 150-41(h), (i) and 0), shall be credited against the tr-anspei4a4iaa multi- modal impact fee assessed on the proposed development. Upon satisfactory completion and construction 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 appropriate jurisdiction 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 county administrator, city manager or functional equivalent to cover the balance of all work required following issuance of the certificate of occupancy. (d) Construction of on-site trail, pedestrian or bicycle facility if part of trail, bicycle or pedestrian network identified in MPO Long Range Transportation Plan or local comprehensive plan is eligible for credit against impact fee assessment. No credit shall be given for other site - related improvements or land dedicated for related right-of-way. (e) All transportation improvements required under a county or city approved development order issued for a new development of regional impact approved prior to the effective date of this ordinance, except for those improvements deemed as site -related or on-site, shall be credited against tr-efispe multi -modal impact fees up to the total amount of the impact fee. (f) 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. 17 (g) Commuter assistance programs with long-term contract facilitating ride sharing activity are eligible for an impact fee rate reduction based on the reduction in the number of single - occupant vehicle trips that would otherwise be associated with the project. (h) 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. (i) Construction of shared driveway(s) between adjacent properties 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 driveway that is located off-site. 0) Construction of shared inter -connecting 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 parking area located off-site. (k) Sidewalks constructed for credit against impact fee assessment 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. (1) 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. (m) Construction of service roads for vehicular traffic connecting adjacent developments are eligible for credit against impact fee assessment. (n) Off-site crosswalk enhancements, including curb bulb -out at intersection, pavement :marking, raised crossing are eligible for credit against impact fee assessment. SECTION 8. SECTION 150-42 OF THE PINELLAS COUNTY LAND DEVELOPMENT CODE IS HEREBY AMENDED TO READ AS FOLLOWS: Sec. 150-42. Trust accounts established. (a) Each municipality which collects and administers tfanspei4a4ien multi -modal impact fee funds shall establish a trust account which shall be used exclusively for funds collected under the terms of this article. Monies collected by or forwarded to the county shall be maintained in 12 separate impact fee trust accounts consistent with the districts shown in exhibit A. (b) Funds deposited to the trust accounts established under this section must be used in accordance with the provisions of section 150-43. 18 SECTION 9. SECTION 150-43 OF THE PINELLAS COUNTY LAND DEVELOPMENT CODE IS HEREBY AMENDED TO READ AS FOLLOWS: Sec. 150-43. Disposition of funds. (a) Funds collected from tmertatien 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 the elected officials of the jurisdiction from where the funds were collected in accordance with Section 150-43(e). Priorities for impact fee funded transportation improvements shall be established by the administering jurisdictions' elected officials in compliance with the adopted plans and transportation improvement program of the metropolitan planning organization or local jurisdictions. (b) No funds collected under this article shall be used for periodic maintenance, as defined in F.S. Ch. 334, as amended. (c) Except as provided in subsection (e) of this section, funds shall be used exclusively for transportation improvements or expansions within the tr-ansper4a4ien multi -modal impact fee district from which funds were collected. Funds may also be used for projects located outside the district where they were collected provided the county has notified and received concurrence from all jurisdictions located within the 4a-nspertatien multi -modal impact fee district where the funds were collected. Funds shall be deemed expended in the order in which they are collected. (d) Fees, both county and municipal share, collected within a community redevelopment or tax increment financing district shall be expended within such district. Parking garages for general public purposes shall be considered eligible transportation improvements within such districts. With the concurrence of the county administrator, appropriate city manager or functional equivalent, the funds collected within a community redevelopment or tax increment financing district may be spent within the primary district. (e) Transpeitatiien Multi -modal impact fees collected at the local level shall be held by the collecting jurisdiction until the end of the fiscal year in which collected. At the beginning of each new fiscal year (October 1), one-half of all fees collected, and the accrued interest thereon, less 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 municipality's tfeflSPei4a4iefl multi -modal impact fee trust account. All fees must be disbursed, encumbered or refunded by each jurisdiction receiving the fees in a manner consistent with this article. (f) TfanspefteAi Multi -modal impact fees collected within each district may be made available for construction of improvements on the state road network in the district. 19 (g) Tfanspertatien Multi -modal impact fee funds shall be administered as an independent component of the capital improvement element of the comprehensive plan, as required by F.S. ch. 163. :Each fiscal year, the county administrator, respective city managers or functional .equivalents shall present to their governing. boards the district improvement programs for transportation expenditures. These programs shall assign transportation improvements 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 ween impact fee trust accounts until the next fiscal year, except as provided by the refund provisions of this article. The collecting jurisdiction (either a municipality or the county) shall retain four percent of the fees collected for administrative costs. SECTION 10. SECTION 150-44 OF THE PINELLAS COUNTY LAND DEVELOPMENT CODE IS HEREBY AMENDED TO READ AS FOLLOWS: Sec. 150-44. Refund of fee paid. Any funds not expended or encumbered by the end of the calendar quarter immediately following ten years from the date the tfansperta4ien multi -modal impact fee was paid shall, upon application of the feepayer, within 180 days of that date, be returned to the feepayer 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. SECTION 11. SECTION 150-45 OF THE PINELLAS COUNTY .LAND DEVELOPMENT CODE IS HEREBY AMENDED TO READ AS FOLLOWS: Sec. 150-45. Exemptions. (a) 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. (4) The construction of publicly -owned facilities used primarily for traditional government uses. 20 SECTION 12. SECTION 150-46 OF THE PINELLAS COUNTY LAND DEVELOPMENT CODE IS HEREBY AMENDED TO READ AS FOLLOWS: Sec. 150-46. Review committee. It is the intention of the board of county commissioners to ensure consistency in administration of the tr-anspeitatien multi -modal impact fee ordinance. Therefore, a review committee composed of locally designated administrative officials is created to review matters which may be subject to differing interpretations arising from the administration of the article, and which are not clearly addressed by the provisions of this article. The Metropolitan Planning Organization Technical Coordinating Committee (TCC) shall serve as the review committee. The TCC shall make advisory recommendations to the administering jurisdiction on issues brought before the committee. The county metropolitan planning organization shall maintain the records of the committee and a listing of its membership. The metropolitan planning organization shall also provide staff services to the committee. SECTION 13. SECTION 150-47 OF THE PINELLAS COUNTY LAND DEVELOPMENT CODE IS HEREBY AMENDED TO READ AS FOLLOWS: Sec. 150-47. Review of fee structure. The tmnspertatie- multi -modal impact fee schedule shall be reviewed every two years by the board of county commissioners and the metropolitan planning organization. The review shall consider trip generation rates and the actual construction costs for work contracted by the county and the state department of transportation within the county. The purpose of this review is to analyze the effects of inflation on the actual costs of transportation improvement projects and to ensure the fee charged new land development activity generating traffic will not exceed its fair share. SECTION 14. SECTION 150-48 OF THE PINELLAS COUNTY LAND DEVELOPMENT CODE, TERRITORY EMBRACED, IS HEREBY RENUMBERED AS 150-49 AND AMENDED TO READ AS FOLLOWS: This ordinance shall be effective in the incorporated as well as unincorporated areas of the County. However, to the extent that this ordinance conflicts with a City ordinance, the City ordinance shall prevail. 21 SECTION 15. SECTION 150-49 OF THE PINELLAS COUNTY LAND DEVELOPMENT CODE., REPEAL OF ARTICLE, IS HEREBY RENUMBERED AS 150- 50. SECTION 16. SECTION 150-48 OF THE PINELLAS COUNTY LAND DEVELOPMENT CODE IS HEREBY AMENDED TO READ AS FOLLOWS: Sec. 150-48. Mobility management (a) 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 projected impact of the development project on the surrounding traffic circulation system. Specific conditions of the deficient road corridor impacted by the development shall also be considered. strategies/improvements include, but are not limited to, those listed below. 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 managementplans. (1) 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 otherwise normally pply to the proposal. Other such corrective actions that would reduce the intensity of the proposal may also apply. (2) 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 gpply to the proposal. 22 (3) 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. (4) Outparcel deletion. Those portions of the proposal characterized as outparcels that create separate and unique impacts may be deleted from the total proposal. (5) Physical highway improvements. A project may construct link capacity improvements, acceleration/deceleration lanes, intersection improvements or frontage roads. (6) Operational improvements (sinal). This includes efforts involving signal removal or signal timing improvements. (7) Access management strategies. These include access management controls such as the preclusion of a direct connection to an LOS 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. (8) 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. (9) Demand management/commuter assistance. These include efforts to encourage ride - sharing (e.sz., designated parking spaces for carpools, employer-sponsored carpool program, participation in transportation management organization/initiative programs), and to implement flexible work hours and telecommuting programs. (10) 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. (11) Intelligent transportation system improvements. This includes improvements pertaining to computerized traffic signal systems that automatically adjust 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. (12) 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. (b) Deficient road corridors include parcels, all or a portion of which lie within a corridor as defined below. (1) Sole direct access. A condition where the only means of site ingress/egress is directly onto the road facility, of the distance of that site from the facility; (2) Direct access. A condition in which one or more existing or potential site ingress/egress points makes a direct connection to the road facility and the site is within one-half mile of the road facility, 23 (3) 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. (c) Development projects that generate between 51 and 300, peak hour trips are designated as Tier 1. (1) 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. - (2) The cost of transportation management strategies implemented for tier I 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. (d) Development projects that generate more than 3000 peak hour trips are designated as Tier 2. (1) Developers of tier 2 projects within deficient road corridors are required to conduct a traffic study and submit an accompanying report. The report shall include the results of (2) 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. (e) Development projects that generate less than 51 peak hour trips are required to pay a multi -modal impact fee in accordance with Section 150. They are not required to submit a transportation management plan or traffic study_ 24 O Determination of trip generation associated with an application for development shall be based on impact fee schedule A or B in Section 150-40 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 150-40(d) and (e) Deticient C;orridi Road Segment: 22"" Avenue North 38 Ih Avenue North (CR 184) Alternate US 19 (SR 595) Bay Drive (SR 686) Belleair Causeway (CR 464) Belleair Road (CR 464) Bryan Dairy Road (,CR 296) Drew Street (SR 590) East Lake Road (CR 6W Forest Lakes Blvd. (CR 667) Forest Lakes Blvd (CR 667) Ft. Harrison Avenue Gandy Blvd. (SR 694) Gandy Blvd. (SR 694) Interstate 275 (SR 93) Indian Rocks Road (CR 233) From: 34"' Street (SR 55) 34 Ih Street (SR 55) Main Street (SR 580) Clwtr Largo Road (CR 321) Indian Rocks Road (CR 233) Keene Road (CR 1) Seminole Blvd. (SR 595) US 19 (SR 55) Woodlands Parkway Tampa Road (SR 584 Pine Avenue Belleair Road (CR 464) 4t Street (SR 687) West of Dr. Martin Luther King Jr. Street North Gandy Blvd. (SR 694) West.- Bay Drive (CR 416) 25 To: 131" Street Interstate 275 (SR 93) US 19 (SR 55) Gulf Boulevard US 19 (SR 55) 98t Street NE Coachman Rd Keystone Road (CR 582) SR 580 Pinellas/Hillsborough CL Drew St (SR 590) Brighton Bay Boulevard NE Interstate -175 Walsingham Road (CR 330) Road Setiment: From: To: McMullen -Booth Road (CR Curlew Road (SR 586) Gulf -To -Bay Blvd (SR 60) 611 Memorial Causeway (SR 60)* Causeway Boulevard Island Way Park Blvd (CR/SR 694) US 19 i(SR 55) Duhme Road/1131 Street North (CR 321) Roosevelt Blvd (SR 686) 491;Street North (CR 611) Ulmerton Road (SR 688) SR 580 Phillipe Parkway (CR 590) Forest Lakes Blvd. (CR 667) Starkey Road (CR 1) East Bay Drive (SR 686) Ulmerton Road (SR 688) Tampa Road (SR 5841 Curlew Road (SR 586) SR 580 Tarpon Avenue Alternate US 19 (SR 595) US 19 (SR 55) Ulmerton Road (SR 688) 491Street North (CR 611) E. Roosevelt Blvd. (SR 686) US 19 (SR 55) Mainlands Boulevard 54t Avenue North (CR 202) US 19 (SR 55) SR 580 Beckett Way ga1s�n�oa'd C2 0 &miri; e Ad (SR5 511. vmeron Road(688 *West end of road is municipal jurisdiction. Road c, ,r..., ..+. I I _ I r...or-o.,em .,�.Constmeti the annual Metropolitan Planning Organization Level of Service Report. PA SECTION 17. EXHIBITS A AND G OF SECTION 150 OF THE PINELLAS COUNTY LAND DEVELOPMENT CODE ARE HEREBY AMENDED AS ATTACHED. SECTION 18. SEVERABILITY If any section, paragraph, clause, sentence, or provision of the Ordinance shall be adjudged by any Court of competent jurisdiction to be invalid, such judgment shall not affect, impair, invalidate, or nullify the remainder of this Ordinance, but the effect therefore shall be confined to the section, paragraph, clause, sentence, or provision immediately involved in the controversy in which such judgment or decree shall be rendered. SECTION 19. INCLUSION IN THE CODE The provision of this Ordinance shall be included and incorporated in the Pinellas County Land Development Code, as an amendment thereto, and shall be appropriately renumbered to conform to the uniform numbering system of the Pinellas County Land Development Code. SECTION 20. FILING OF ORDINANCE; EFFECTIVE DATE Pursuant to Section 125.66, Florida Statues, a certified copy of this Ordinance shall be filed with the Department of State by the Clerk of the Board of County Commissioners within ten (10) days after enactment by the Board of County Commissioners. This Ordinance shall become effective upon notice of filing of the Ordinance with the Department of State or when the companion Comprehensive Plan amendments described in Ordinance numbers become effective, whichever is later. 27 Exhibit A, ............... PINELLAS COUN MULTI -MODAL IMPACT IrEE flRDIR 1MPACT FEE 081, I~t1 ' 1. Greater Tarpon Springs 2.;': East Lake Tarpon Area, 2A City of C l&mar Downtown -Area 3 Palm Harbor Area 3A. Old Patrn Harbor DoWhtown Are 4: Greater Dunedin 4A. City of Dunedin Downtowri Area 5. Greater Safety Harbor/016mar4 SA. City of Safety. Harbor Downto n 6 Greater Clearwater Area 6A. City of Clearwater DowhtoWn A:r,. Greater Largo Area 7A.'City of Largo: Dpwntown Area 8. Highpo nt Area 9. Greater Seminole Area 10. Greater Pinellas Pardo Area 10A, City of Pinellas Park Dpwntown,) 11: Greater St. Petersburg Area 11A. City of St. Petersb..urg Down ovgi 12. South County Beaches Area �f, rIFexhibitAprpsd.pdf May 1, 2014 M ** REVISED FOR CITY COUNCIL ** COMMUNITY DEVELOPMENT BOARD C rW' ate PLANNING AND DEVELOPMENT DEPARTMENT STAFF REPORT MEETING DATE: December 15, 2015 AGENDA ITEM: F. 2. CASE: TA2015-10006 ORDINANCE NO.: 8806-16 REQUEST: Review and recommendation to the City Council, of an amendment to the Code of Ordinances renaming transportation impact fee to multi -modal impact fee; and amending the Community Development Code to repeal and replace proportionate fair -share with a mobility management system and, multi -modal impact fee, updating criteria accordingly, and updating various references. INITIATED BY: City of Clearwater, Planning and Development Department BACKGROUND: The 2011 Community Planning Act made substantial amendments to Chapter 163, Florida Statutes, including repealing state mandated transportation concurrency. In response to those changes, the Pinellas County Metropolitan Planning Organization (MPO) coordinated with the various local governments to develop an alternative approach to transportation concurrency. The result of this collaborative effort, the Pinellas County Mobility Plan, was endorsed by the MPO in 2013. Model code amendments were later provided to municipalities to integrate into their local ordinances. The City has adopted required levels of service for solid waste, sanitary sewer, stormwater, potable water, hurricane evacuation, and parks. Transportation impact fees are established by the Pinellas County Code Chapter 150-40 (the Transportation Impact Fee Ordinance, or TIFO), and are applied countywide. Levels of service are maintained through the application of the City's concurrency management requirements, which are imposed to ensure that permits are not issued for a development project without the public facilities and services necessary to handle its impacts being in place. The proposed amendments described in this report are associated with the proposed City of Clearwater Comprehensive Plan amendments being processed concurrently with this case (see CPA2015-04001), which propose to repeal transportation concurrency and establish the policy framework for a new Mobility Management System. The purpose of the proposed Mobility Management System is to provide a tiered development review approach requiring larger scale projects adding trips to the surrounding road network to implement transportation management strategies in -lieu of or as credit toward their impact fee assessment. The goal is to increase mobility for all users, including bicyclists, pedestrians, and public transit, while reducing the amount of single -occupant vehicular trips. Z ANALYSIS: Ordinance No. 8806-16 proposes to repeal transportation concurrency requirements and the. proportionate fair - share program, as allowed under Chapter 163, Florida Statutes. A new Mobility Management System would be established and a multi -modal impact fee would replace the transportation impact fee, consistent with the amended Pinellas County Transportation Impact Fee Ordinance. The following is a brief analysis of each aspect of the proposed amendment. 1. Multi -Modal Impact Fee [pages 2, 18-23 of ordinance] The proposed amendment updates the name of the fee from Transportation Impact Fee to Multi - Modal Impact Fee in several locations, including within the Code of Ordinances. It also establishes the multi -modal impact fee, fee credits, payment of fees, disposition of the funds, refund of fees, and. fee exemptions. This fee, which is part of the proposed Mobility Management System, replaces the existing Proportionate Fair -Share program, and is consistent with the Pinellas County Transportation Impact Fee Ordinance. 2. Repeal of Transportation Concurrency [pages 3 and 4 of ordinance] The proposed amendment exempts roads from the list of facilities required to have a certificate of concurrency/capacity. 3. Zoning. Atlas Amendments [pages 2-3 of ordinance] Updates the term "commission" to "council" throughout the section, and changes the review criteria for roadways from "traffic carrying capacities" to "traffic operations". 4. Repeal of Proportionate Fair Share [pages 4-14 of ordinance] The proposed amendment repeals the requirement that a proportionate fair -share contribution must be paid. The Mobility Management System replaces the Proportionate Fair -Share program. 5. Mobility Management System [pages 14-18 of ordinance] Establishes the Mobility Management System, which is the tiered development review process that requires larger scale projects adding trips to the surrounding road network to implement transportation management strategies in -lieu of or as credit toward their multi -modal impact fee assessment. Smaller scale projects which generate less than 51 new peak hour trips on deficient road corridors will only be required to pay their multi -modal impact fee assessment; whereas projects that generate a greater number of trips on deficient road corridors will be required to submit a transportation management plan (Tier 1 projects, 51 — 300 new p.m. peak hour trips) or submit a traffic study with an accompanying report and transportation management plan (Tier 2 projects, greater than 300 new p.m. peak hour trips). Development projects that are not on a deficient road corridor that generate less than 50 new peak hour trips will only have to pay the multi -modal impact fee; whereas projects that generate more than 50 new peak hour trips will be reviewed by City staff, and any significant impacts that are found will be required to follow the requirements of Tier 1 or Tier 2 projects. The Mobility Management System also includes a variety of transportation management plan strategies/improvements (pages 16 — 18 of ordinance) which, if implemented by the developer, can be credited against their multi -modal impact fee assessment. Community Development Board — December 15, 2015 Revised for City Council — January 21, 2016 TA2015-10006 — Page 2 6. Definitions [pages 23-25 of ordinance] New definitions are added to explain various terms utilized in the Mobility Management System section of the Code and removes terms that deal with transportation concurrency. CRITERIA FOR TEXT AMENDMENTS: Section 4-601, CDC, sets forth the procedures and criteria for reviewing text amendments. All text amendments must comply with the following: 1. The proposed amendment is consistent with and furthers the goals, policies and objectives of the Comprehensive Plan. A review of the Clearwater Comprehensive Plan identified the following Objectives and Policies which will be furthered by the proposed Code amendments: Objective A.6.5 The City shall encourage improved land use compatibility through the evaluation of traffic calming techniques, multi -modal transportation networks, and the use of transit oriented development planning. Policy A.6.5.3 All proposed development/redevelopment initiatives shall be reviewed for opportunities to improve pedestrian and bicycle access and consider the integration of bicycle and pedestrian transportation modes in all phases of transportation planning, new roadway design, roadway construction, roadway resurfacing and other capital projects consistent with the City's Shifting Gears Bicycle and Pedestrian Master Plan 2006. On Clearwater Beach, pedestrian and bicycle improvements should adhere to the policies and design guidelines set forth in Beach by Design: A Preliminary Design for Clearwater Beach and Design Guidelines. Objective A.6.8 Identify those areas of the City that are appropriate for redevelopment as livable communities and require that specific sustainable elements be used in the redevelopment of these areas. Policy A.6.8.9 Promote a variety of transportation modes such as walking, bicycling, ride sharing and mass transit to increase transportation choices and decrease dependence on the single - occupancy automobile. Objective B.1.5 The City shall specifically consider the existing and planned LOS the road network affected by a proposed development, when considering an amendment to the land use map, rezoning, subdivision plat, or site plan approval. The proposed amendments are being processed concurrently with CPA2015-04001, and will bring more consistency between the Comprehensive Plan and the Community Development Code. The change from transportation concurrency to the proposed Mobility Management System will require developers to better mitigate their potential transportation impacts by utilizing strategies that increase mobility for pedestrians, bicycles, and mass transit users and by utilizing livable communities techniques within development proposals. As such, the above reference objectives and policies of the Comprehensive Plan will be furthered. Community Development Board — December 15, 2015 Revised for City Council — January 21, 2016 TA2015-10006 — Page 3 2. The proposed amendment furthers the purposes of the Community Development Code and other City ordinances and actions designed to implement the Plan. The proposed text amendment will further the purposes of the CDC in that it will be consistent with the following purposes set forth in Section 1-103. • It is the purpose of this Development Code to implement the Comprehensive Plan of the city; to promote the health, safety, general welfare and quality of life in the city;. to guide the orderly growth and development of the city; to establish rules of procedures for land development approvals; to enhance the character of the city and the preservation of neighborhoods; and to enhance the quality of life of all residents and property owners of the city (Section 1-103.1., CDC). • Provide the most beneficial relationship between the uses of land and buildings and the circulation of traffic throughout the city, with particular regard for safe and efficient vehicular and pedestrian traffic movement (Section 1-103.E.4., CDC). The establishment of the Mobility Management System, which replaces transportation concurrency, will continue to ensure efficient vehicular movement while also requiring developers to better accommodate pedestrian, bicycle, and mass transit users on the road network system. The proposed amendments will also update references to current State Statute requirements. As such, the proposed amendment furthers the purposes of the Community Development Code as well as the actions designed to implement the Clearwater Comprehensive Plan. SUMMARY AND RECOMMENDATION: The proposed amendment to the Community Development Code is not inconsistent with and will further the goals, objectives and policies of the Clearwater Comprehensive Plan and the purposes of the Community Development Code. Based upon the above, the Planning and Development Department recommends APPROVAL of Ordinance No. 8806-16 that amends the Code of Ordinances and the Community Development Code. Prepared by Planning and Development Department Staff: Kyle Brotherton, Planner ATTACHMENTS: Resume Ordinance No. 8806-16 Community Development Board — December 15, 2015 Revised for City Council — January 21, 2016 TA2015-10006 — Page 4 ORDINANCE 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 CONSITENT 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,. amendments are needed to the Clearwater Development Code to establish a mobility management system consistent with the Pinellas County Mobility Plan; 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. MULTI -MODAL IMPACT FEE: Pinellas County Ordinance No. 86-43 16-xx, 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: 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 serrx�iesiera council setting forth the board's findings in regard to whether the 2 Ordinance No. 8806-16 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 council review/decision. Upon receipt of the recommended order of the community development board, the city 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 G0FnFniGGi0R council finds that such amendment complies with the following standards: ********** 5. The amendment will not adversely burden public facilities, including the tFaff+s- traffic operations of streets, 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 4-901.13, Authority and applicability, Community Development Code be amended as follows: B. Exception. No certificate of concurrency/capacity is required for the following: ********** 12. Roads 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: 3 Ordinance No. 8806-16 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: Study, and SeGt*E)R 1��� �1 13• 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: 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: 4 Ordinance No. 8806-16 Ordinance No. 8806-16 Ordinance No: 8806-16 Ordinance No. 8806-16 Ordinance No. 8806-16 -- -- -- -- -- -- . -- - - �- Ordinance No. 8806-16 Ordinance No. 8806-16 12th the diGGFetioR of he Gky, the deyelenmoR+'s pyeFall trips may 60 TedUG.od by up p, to �e peFGe t with a developer nnmmitmopt to the �'�Y e e and 10 Ordinance No. 8806-16 . . 11 Ordinance No. 8806-16 IN �jjlljfj#aw wW WOMPRIPM "M ■111111111 1! 1 MINIM. OWN -1 - 12 Ordinance No. 8806-16 13 Ordinance No. 8806-16 � � 1 11■ rl rl ■ 1 111 1111 ■ 1 -GestYi — The nest of the imnrnvomen+c in yeaF n• t� + r t - GeRtiRgeRGY faGtOF Will 9Rly be applied to pFgjeGt6 that have Ret beeR rest„ — The nest of the imnro�iomon+ ire theGest nr rrron+ �ionr• ���w { r r The three year nroYhh rate is ideterr•ninerd by the �fellle��iiRg f0ffnU(l'�n• 9�M6�t.,��,�..,, + Gest ..�6�F6wt�lJ3 il'pt-tCFC' GOSt gFoYM�—Th�egrevAh Fate Of Bests E)veF the last thFee r — The nreyAh rate of ensu in the nrThe gFE)YAh Fate of Bests twe yeaFE; eyi nr rs year• � r GOSt 9FE)YA#-4 The .g yl+h rn+e of ens+s three years r Section 4-904. -Mobility Management System. .0 - ki• JS•I `Mrwx�' ?c� 2 ��e�l $• j1p qeS n5ficc�c�l . 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 reauirements. All development voiects within the Citv 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 implication for development shall be based on Schedule A or B in Section 150-40 of Pinellas County Ordinance 16-xx or the latest edition of the Institute of Transportation Engineers Trip Generation Manual. As an alternative to the fee schedule and Trip 14 Ordinance No. 8806-16 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/egress 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 Capital Improvements Element of the Clearwater Comprehensive Plan. 3. Development projects that generate less 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 include the results of the traffic study and a transportation management plan identifying improvements necessary to mitigate the impacts of the project. 15 Ordinance No. 8806-16 b. The cost of transportation management strategies implemented for Tier 2 proiects 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 proiects 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 protect 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 proiects, 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 proiect(s) and roadway capacity and/or mobility benefits provided shall be based primarily on the proiects) impact on the surrounding traffic circulation system. Specific conditions of the deficient road corridor impacted by the development shall also be considered. Transportation manaaement 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 otherwise normally apply to the proposal. Other such corrective actions that would reduce the intensity of the proposal may also apply. 16 Ordinance No. 8806-16 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 proiect 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 proiect 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. g. 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., emplover-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. Demand manaaement/commuter assistance. These include efforts to encourage ride -sharing (e.g., designated parking spaces for carpools, emplover-sponsored carpool programs, participation in transportation management organization/initiative programs), and implementing flexible work hour and telecommuting programs. j. 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. k. Intelligent transportation system improvements. This includes improvements pertaininq to computerized traffic signal systems that automatically adjust to maximize traffic flow and to permit emergency vehicles to pass through 17 Ordinance No. 8806-16 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. ime. I. Livable community site design features. These include, but are not limited to, implementation of pedestrian friendly site design features such as orienting buildinas toward the street and parkins lots to the side or rear of buildings. Mo,� . 0,11 YtW � �� �R Awe: k A . Tk 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. — gid. 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 reguirinq_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: TGR x %NT x TL x CST (RF) CAP x 2 18 Ordinance No. 8806-16 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 feepaver, the amount of the multi -modal impact fee may be determined by the Impact Fee Schedule A or B in Section 150-40 of Pinellas County Ordinance 16-xx. 3. In the case of a new use, redevelopment, or modification of an existinq 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 feepaver 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 engineerinq 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 len-gth 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: 1. Documentation of the cost per lane per mile for roadway construction for the proposed land development activity. 19 Ordinance No. 8806-16 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 Lonq 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 number of single -occupant vehicle trips that would otherwise be associated with the project. 20 Ordinance No. 8806-16 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 driveway(s) between adiacent 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 parking 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 eligible for credit against impact fee assessment. 11. The City Manager or his or her designee may accept an offer by the feepayer to implement all or part of a transportation improvement project consistent with the Clearwater Comprehensive Plan or the Metropolitan Planning Organization's Long Range Transportation Plan. The proiect(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 feepayer 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 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 21 Ordinance No. 8806-16 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 appy/ 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, less 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. 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 22 i Ordinance No. 8806-16 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 feepayer 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 feepaver for eligible off-site transportation improvements funded by the feepayer. 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. 23 Ordinance No. 8806-16 ********** Feepaver 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 nroiects 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. 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 pedestrian travel, ride -sharing, or roadway improvements. They do not include standard reauirements necessary for site plan approval or operational improvements. 24 Ordinance No. 8806-16 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 Approved as to form: George N. Cretekos Mayor Attest: Camilo Soto Rosemarie Call Assistant City Attorney City Clerk 25 Ordinance No. 8806-16 C COMMUNITY DEVELOPMENT BOARD er PLANNING AND DEVELOPMENT DEPARTMENT STAFF REPORT MEETING DATE: December 15, 2015 AGENDA ITEM: F. 2. CASE: TA2015-10006 ORDINANCE NO.: 8806-16 REQUEST: Review and recommendation to the City Council, of an amendment to the Code of Ordinances renaming transportation impact fee to multi-modal impact fee; and amending the Community Development Code to repeal and replace proportionate fair-share with a mobility management system and multi-modal impact fee, updating criteria accordingly, and updating various references. INITIATED BY: City of Clearwater, Planning and Development Department BACKGROUND: The 2011 Community Planning Act made substantial amendments to Chapter 163, Florida Statutes, including repealing state mandated transportation concurrency. In response to those changes, the Pinellas County Metropolitan Planning Organization (MPO) coordinated with the various local governments to develop an alternative approach to transportation concurrency. The result of this collaborative effort, the Pinellas County Mobility Plan, was endorsed by the MPO in 2013. Model code amendments were later provided to municipalities to integrate into their local ordinances. The City has adopted required levels of service for solid waste, sanitary sewer, stormwater, potable water, hurricane evacuation, and parks. Transportation impact fees are established by the Pinellas County Code Chapter 150-40 (the Transportation Impact Fee Ordinance, or TIFO), and are applied countywide. Levels of service are maintained through the application of the City's concurrency management requirements, which are imposed to ensure that permits are not issued for a development project without the public facilities and services necessary to handle its impacts being in place. The proposed amendments described in this report are associated with the proposed City of Clearwater Comprehensive Plan amendments being processed concurrently with this case (see CPA2015-04001), which propose to repeal transportation concurrency and establish the policy framework for a new Mobility Management System. The purpose of the proposed Mobility Management System is to provide a tiered development review approach requiring larger scale projects adding trips to the surrounding road network to implement transportation management strategies in -lieu of or as credit toward their impact fee assessment. The goal is to increase mobility for all users, including bicyclists, pedestrians, and public transit, while reducing the amount of single -occupant vehicular trips. ANALYSIS: Ordinance No. 8806-16 proposes to repeal transportation concurrency requirements and the proportionate fair - share program, as allowed under Chapter 163, Florida Statutes. A new Mobility Management System would be established and a multi -modal impact fee would replace the transportation impact fee, consistent with the amended Pinellas County Transportation Impact Fee Ordinance. The following is a brief analysis of each aspect of the proposed amendment. 1. Multi -Modal Impact Fee [pages 2, 18-23 of ordinance] The proposed amendment updates the name of the fee from Transportation Impact Fee to Multi - Modal Impact Fee in several locations, including within the Code of Ordinances. It also establishes the multi -modal impact fee, fee credits, payment of fees, disposition of the funds, refund of fees, and fee exemptions. This fee, which is part of the proposed Mobility Management System, replaces the existing Proportionate Fair -Share program, and is consistent with the Pinellas County Transportation Impact Fee Ordinance. 2. Repeal of Transportation Concurrency [pages 3 and 4 of ordinance] The proposed amendment exempts roads from the list of facilities required to have a certificate of concurrency/capacity. 3. Zoning Atlas Amendments [pages 2-3 of ordinance] Updates the term "commission" to "council" throughout the section, and changes the review criteria for roadways from "traffic carrying capacities" to "traffic operations". 4. Repeal of Proportionate Fair Share [pages 4-14 of ordinance] The proposed amendment repeals the requirement that a proportionate fair -share contribution must be paid. The Mobility Management System replaces the Proportionate Fair -Share program. 5. Mobility Management System [pages 14-18 of ordinance] Establishes the Mobility Management System, which is the tiered development review process that requires larger scale projects adding trips to the surrounding road network to implement transportation management strategies in -lieu of or as credit toward their multi -modal impact fee assessment. Smaller scale projects which generate less than 51 new p.m. peak hour trips on deficient road corridors will only be required to pay their multi -modal impact fee assessment; whereas projects that generate a greater number of trips on deficient road corridors will be required to submit a transportation management plan (Tier 1 projects, 51 — 300 new p.m. peak hour trips) or submit a traffic study with an accompanying report and transportation management plan (Tier 2 projects, greater than 300 new p.m. peak hour trips). The Mobility Management System also includes a variety of transportation management plan strategies/improvements (pages 16 — 18 of ordinance) which, if implemented by the developer, can be credited against their multi -modal impact fee assessment. 6. Definitions [pages 23-25 of ordinance] New definitions are added to explain various terms utilized in the Mobility Management System section of the Code and removes terms that deal with transportation concurrency. Community Development Board — December 15, 2015 TA2015-10006 — Page 2 CRITERIA FOR TEXT AMENDMENTS: Section 4-601, CDC, sets forth the procedures and criteria for reviewing text amendments. All text amendments must comply with the following: 1. The proposed amendment is consistent with and furthers the goals, policies and objectives of the Comprehensive Plan. A review of the Clearwater Comprehensive Plan identified the following Objectives, and Policy which will be furthered by the proposed Code amendments: Objective A.6.5 The City shall encourage improved land use compatibility through the evaluation of traffic calming techniques, multi -modal transportation networks, and the use of transit oriented development planning. Policy A.6.5.3 All proposed development/redevelopment initiatives shall be reviewed for opportunities to improve pedestrian and bicycle access and consider the integration of bicycle and pedestrian transportation modes in all phases of transportation planning, new roadway design, roadway construction, roadway resurfacing and other capital projects consistent with the City's Shifting Gears Bicycle and Pedestrian Master Plan 2006. On Clearwater Beach, pedestrian and bicycle improvements should adhere to the policies and design guidelines set forth in Beach by Design: A Preliminary Design for Clearwater Beach and Design Guidelines. Objective A.6.8 Identify those areas of the City that are appropriate for redevelopment as livable communities and require that specific sustainable elements be used in the redevelopment of these areas. Policy A.6.8.9 Promote a variety of transportation modes such as walking, bicycling, ride sharing and mass transit to increase transportation choices and decrease dependence on the single - occupancy automobile. Objective B.1.5 The City shall specifically consider the existing and planned LOS the road network affected by a proposed development, when considering an amendment to the land use map, rezoning, subdivision plat, or site plan approval. The proposed amendments are being processed concurrently with CPA2015-04001, and will bring more consistency between the Comprehensive Plan and the Community Development Code. The change from transportation concurrency to the proposed Mobility Management System will require developers to better mitigate their potential transportation impacts by utilizing strategies that increase mobility for pedestrians, bicycles, and mass transit users and by utilizing livable communities techniques within development proposals. As such, the above reference objectives and policy of the Comprehensive Plan will be furthered. 2. The proposed amendment furthers the purposes of the Community Development Code and other City ordinances and actions designed to implement the Plan. The proposed text amendment will further the purposes of the CDC in that it will be consistent with the following purposes set forth in Section 1-103. Community Development Board — December 15, 2015 TA2015-10006 — Page 3 ■ It is the purpose of this Development Code to implement the Comprehensive Plan of the city; to promote the health, safety, general welfare and quality of life in the city; to guide the orderly growth and development of the city; to establish rules of procedures for land development approvals; to enhance the character of the city and the preservation of neighborhoods; and to enhance the quality of life of all residents and property owners of the city (Section 1-103.1., CDC). ■ Provide the most beneficial relationship between the uses of land and buildings and the circulation of traffic throughout the city, with particular regard for safe and efficient vehicular and pedestrian traffic movement (Section 1-103.E.4., CDC). The establishment of the Mobility Management System, which replaces transportation concurrency, will continue to ensure efficient vehicular movement while also requiring developers to better accommodate pedestrian, bicycle, and mass transit users on the road network system. The proposed amendments will also update references to current State Statute requirements. As such, the proposed amendment furthers the purposes of the Community Development Code as well as the actions designed to implement the Clearwater Comprehensive Plan. SUMMARY AND RECOMMENDATION: The proposed amendment to the Community Development Code is not inconsistent with and will further the goals, objectives and policies of the Clearwater Comprehensive Plan and the purposes of the Community Development Code. Based upon the above, the Planning and Development Department recommends APPROVAL of Ordinance No. 8806-16 that amends the Code of Ordinances and the Community Development Code. Prepared by Planning and Development Department Staff. Kyle Brotherton, Planner ATTACHMENTS: Ordinance No. 8806-16 Community Development Board — December 15, 2015 TA2015-10006 — Page 4 Revise the Amendment to the Community Development Code TA2015-10006, page 14 of ordinance, by amending Section 4-904.A to read as follows; A. Purpose and intent. The purpose of this section is to provide a more flexible and efficient alternative to the traditional form of concurrency management, which ties tied development approvals to maintaining adopted roadway level of service standards, while facilitating multi -modal transportation solutions. Revise the Amendment to the Community Development Code TA2015-10006, page 14 of ordinance, by amending Section 4-904.C. to read as follows; C. General requirements. All development projects within the City of Clearwater that generate new P -.A4: 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 Pinellas County Ordinance 16-xx 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. Revise the Amendment to the Community Development Code TA2015-10006, page 15 of ordinance, by amending Section 4-904.C.3 through 6 to read as follows; 3. Development projects that generate less than 51 new P4X. peak hour trips on 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 PL71W. 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 P.M. 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 include the results of the traffic study and a transportation management plan identifying improvements necessary to mitigate the impacts of the project. Ordinance No. 8806-16 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 4A8 50 new P.M. peak hour trips eF 1,000 new daily tFips 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. 2 Ordinance No. 8806-16 v ORDINANCE 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 CONSITENT 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 e 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, amendments are needed to the Clearwater Development Code to establish a mobility management system consistent with the Pinellas County Mobility Plan; 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 16-xx, 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: 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 council setting forth the board's findings in regard to whether the 2 Ordinance No. 8806-16 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 se+ssiee council review/decision. Upon receipt of the recommended order of the community development board, the city sessiee 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 Gemmissien council finds that such amendment complies with the following standards: ********** 5. The amendment will not adversely burden public facilities, including the tfaffig- -apaotraffic operations of streets, 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 4-901.6, Authority and applicability, Community Development Code be amended as follows: B. Exception. No certificate of concurrency/capacity is required for the following: ********** 12. Roads 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: 3 Ordinance No. 8806-16 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: 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: Ordinance No. 8806-16 Ordinance No. 8806-16 Ordinance No. 8806-16 Ph 6Ghedule, if aPPI*Gal-1-- Ordinance No. 8806-16 MEWC ....... 01. 10.1111.011100111111 "IN . I - - 20SAM UA - Ordinance No. 8806-16 Ordinance No. 8806-16 12. At the di.SFCtlgn of th8 ty, the d nm #r ey nll fr n mn�i {moo �rr� vrrvr--crT�61rT—ltitra2�1/eiOprrt2iir�vicefi�n--a-FP6�vc Fedueed by up to five r r FepeFtiRg by of opeFatioRal r biGysle r GemmuteFSand r r r GFdinanGe..' 10 Ordinance No. 8806-16 11 Ordinance No. 8806-16 iee . MR. 3. MIKI 3-1 12 Ordinance No. 8806-16 13 Ordinance No. 8806-16 Cost, - nI +) x a WheFei G96ta > t - GentingeRGY faGtE)F Will E)Rly be applied to pFejeGt6 that have Rot beeR The ooct of the *FRPFeyement ire the ourren+ year; Where: AE'�)S^t .g^.. iTce $w�y -4 Y here: j�^..`.(_�#4 �. The nrehh rate of ooctc in the previous. ar; `�' `�' 1 VtlSt gFOVAh - TheeyAh .rate of oests three yeaFS prior 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 reauirements. All development voiects within the Citv 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 Pinellas County Ordinance 16-xx or the latest edition of the Institute of Transportation Engineers Trip Generation Manual. As an alternative to the fee schedule and Trip 14 Ordinance No. 8806-16 ■ _ ■ pfoposed development. Cost, - nI +) x a WheFei G96ta > t - GentingeRGY faGtE)F Will E)Rly be applied to pFejeGt6 that have Rot beeR The ooct of the *FRPFeyement ire the ourren+ year; Where: AE'�)S^t .g^.. iTce $w�y -4 Y here: j�^..`.(_�#4 �. The nrehh rate of ooctc in the previous. ar; `�' `�' 1 VtlSt gFOVAh - TheeyAh .rate of oests three yeaFS prior 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 reauirements. All development voiects within the Citv 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 Pinellas County Ordinance 16-xx or the latest edition of the Institute of Transportation Engineers Trip Generation Manual. As an alternative to the fee schedule and Trip 14 Ordinance No. 8806-16 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 facili b. Direct access. A condition in which one or more existing or potential site ingress/egress 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 Capital Improvements Element of the Clearwater Comprehensive Plan. 3. Development projects that generate less 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 proiect would not be subject to payment of the fee. 5. Tier 2 proiects. Tier 2 proiects are development projects that generate more than 300 new peak hour trips. a. Developers of Tier 2 proiects within deficient road corridors are required to conduct a traffic study and submit an accompanying report. The report shall include the results of the traffic study and a transportation management plan identifying improvements necessary to mitigate the impacts of the project. 15 Ordinance No. 8806-16 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 subiect 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 prolect(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 proiect 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 otherwise normally apply to the proposal. Other such corrective actions that would reduce the intensity of the proposal may also apply. 16 Ordinance No. 8806-16 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. Protect 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 involvinq signal removal or signal timing improvements. g. 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. Demand management/commuter assistance. These include efforts to encourage ride -sharing (e.g., designated parking spaces for carpools, emplover-sponsored carpool programs, participation in transportation management organization/initiative programs), and implementing flexible work hour and telecommuting programs. j. 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. k. Intelligent transportation system improvements. This includes improvements pertaining to computerized traffic signal systems that automatically adjust to maximize traffic flow and to permit emergency vehicles to pass through 17 Ordinance No. 8806-16 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. — Rued- 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: TGR x %NT'x TL x CST (RF) CAP x 2 18 Ordinance No. 8806-16 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 feepaver, the amount of the multi -modal impact fee may be determined by the Impact Fee Schedule A or B in Section 150-40 of Pinellas County Ordinance 16-xx. 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: 1. Documentation of the cost per lane per mile for roadway construction for the proposed land development activity. 19 Ordinance No. 8806-16 2. Documentation of credits attributable to the proposed land development activity which the feepaver 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 number of single -occupant vehicle trips that would otherwise be associated with the project. 20 Ordinance No. 8806-16 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 driveway(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 -connecting 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 parking 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 maybe 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 eligible 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 project consistent with the Clearwater Comprehensive Plan or the Metropolitan Planning Organization's Long 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 feepayer 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 proiect, 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 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 21 Ordinance No. 8806-16 of the approved proiect, 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 proiects 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 proiects 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 proiects) 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, less 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 Ci!y. 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 22 Ordinance No. 8806-16 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 feepayer 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. ********** 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. 23 Ordinance No. 8806-16 ********** Feepaver 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 maior 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. 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 pedestrian travel, ride -sharing, or roadway improvements. They do not include standard requirements necessary for site plan approval or operational improvements. 24 Ordinance No. 8806-16 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. I Section 14. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Approved as to form: Camilo Soto Assistant City Attorney George N. Cretekos Mayor Attest: Rosemarie Call City Clerk 25 Ordinance No. 8806-16 °Clearwater MEETING DATE: AGENDA ITEM: CASE: ORDINANCE NO.: REQUEST: INITIATED BY: COMMUNITY DEVELOPMENT BOARD PLANNING AND DEVELOPMENT DEPARTMENT STAFF REPORT December 15, 2015 F. 2. TA2015-10006 8806-16 Review and recommendation to the City Council, of an amendment to the Code of Ordinances renaming transportation impact fee to multi -modal impact fee; and amending the Community Development Code to repeal and replace proportionate fair -share with a mobility management system and multi -modal impact fee, updating criteria accordingly, and updating various references. City of Clearwater, Planning and Development Department BACKGROUND: The 2011 Community Planning Act made substantial amendments to Chapter 163, Florida Statutes, including repealing state mandated transportation concurrency. In response to those changes, the Pinellas County Metropolitan Planning Organization (MPO) coordinated with the various local governments to develop an alternative approach to transportation concurrency. The result of this collaborative effort, the Pinellas County Mobility Plan, was endorsed by the MPO in 2013. Model code amendments were later provided to municipalities to integrate into their local ordinances. The City has adopted required levels of service for solid waste, sanitary sewer, stormwater, potable water, hurricane evacuation, and parks. Transportation impact fees are established by the Pinellas County Code Chapter 150-40 (the Transportation Impact Fee Ordinance, or TIFO), and are applied countywide. Levels of service are maintained through the application of the City's concurrency management requirements, which are imposed to ensure that permits are not issued for a development project without the public facilities and services necessary to handle its impacts being in place. The proposed amendments described in this report are associated with the proposed City of Clearwater Comprehensive Plan amendments being processed concurrently with this case (see CPA2015-04001), which propose to repeal transportation concurrency and establish the policy framework for a new Mobility Management System. The purpose of the proposed Mobility Management System is to provide a tiered development review approach requiring larger scale projects adding trips to the surrounding road network to implement transportation management strategies in -lieu of or as credit toward their impact fee assessment. The goal is to increase mobility for all users, including bicyclists, pedestrians, and public transit, while reducing the amount of single -occupant vehicular trips. ANALYSIS: Ordinance No. 8806-16 proposes to repeal transportation concurrency requirements and the proportionate fair - share program, as allowed under Chapter 163, Florida Statutes. A new Mobility Management System would be established and a multi -modal impact fee would replace the transportation impact fee, consistent with the amended Pinellas County Transportation Impact Fee Ordinance. The following is a brief analysis of each aspect of the proposed amendment. 1. Multi -Modal Impact Fee [pages 2, 18-23 of ordinance] The proposed amendment updates the name of the fee from Transportation Impact Fee to Multi - Modal Impact Fee in several locations, including within the Code of Ordinances. It also establishes the multi -modal impact fee, fee credits, payment of fees, disposition of the funds, refund of fees, and fee exemptions. This fee, which is part of the proposed Mobility Management System, replaces the existing Proportionate Fair -Share program, and is consistent with the Pinellas County Transportation Impact Fee Ordinance. 2. Repeal of Transportation Concurrency [pages 3 and 4 of ordinance] The proposed amendment exempts roads from the list of facilities required to have a certificate of concurrency/capacity. 3. Zoning Atlas Amendments [pages 2-3 of ordinance] Updates the term "commission" to "council" throughout the section, and changes the review criteria for roadways from "traffic carrying capacities" to "traffic operations". 4. Repeal of Proportionate Fair Share [pages 4-14 of ordinance] The proposed amendment repeals the requirement that a proportionate fair -share contribution must be paid. The Mobility Management System replaces the Proportionate Fair -Share program. 5. Mobility Management System [pages 14-18 of ordinance] Establishes the Mobility Management System, which is the tiered development review process that requires larger scale projects adding trips to the surrounding road network to implement transportation management strategies in -lieu of or as credit toward their multi -modal impact fee assessment. Smaller scale projects which generate less than 51 new p.m. peak hour trips on deficient road corridors will only be required to pay their multi -modal impact fee assessment; whereas projects that generate a greater number of trips on deficient road corridors will be required to submit a transportation management plan (Tier 1 projects, 51 — 300 new p.m. peak hour trips) or submit a traffic study with an accompanying report and transportation management plan (Tier 2 projects, greater than 300 new p.m. peak hour trips). The Mobility Management System also includes a variety of transportation management plan strategies/improvements (pages 16 — 18 of ordinance) which, if implemented by the developer, can be credited against their multi -modal impact fee assessment. 6. Definitions [pages 23-25 of ordinance] New definitions are added to explain various terms utilized in the Mobility Management System section of the Code and removes terms that deal with transportation concurrency. Community Development Board — December 15, 2015 TA2015-10006 — Page 2 CRITERIA FOR TEXT AMENDMENTS: Section 4-601, CDC, sets forth the procedures and criteria for reviewing text amendments. All text amendments must comply with the following: 1. The proposed amendment is consistent with and furthers the goals, policies and objectives of the Comprehensive Plan. A review of the Clearwater Comprehensive Plan identified the following Objectives, and Policy which will be furthered by the proposed Code amendments: Objective A.6.5 The City shall encourage improved land use compatibility through the evaluation of traffic calming techniques, multi -modal transportation networks, and the use of transit oriented development planning. Policy A.6.5.3 All proposed development/redevelopment initiatives shall be reviewed for opportunities to improve pedestrian and bicycle access and consider the integration of bicycle and pedestrian transportation modes in all phases of transportation planning, new roadway design, roadway construction, roadway resurfacing and other capital projects consistent with the City's Shifting Gears Bicycle and Pedestrian Master Plan 2006. On Clearwater Beach, pedestrian and bicycle improvements should adhere to the policies and design guidelines set forth in Beach by Design: A Preliminary Design for Clearwater Beach and Design Guidelines. Objective A.6.8 Identify those areas of the City that are appropriate for redevelopment as livable communities and require that specific sustainable elements be used in the redevelopment of these areas. Policy A.6.8.9 Promote a variety of transportation modes such as walking, bicycling, ride sharing and mass transit to increase transportation choices and decrease dependence on the single - occupancy automobile. Objective B.1.5 The City shall specifically consider the existing and planned LOS the road network affected by a proposed development, when considering an amendment to the land use map, rezoning, subdivision plat, or site plan approval. The proposed amendments are being processed concurrently with CPA2015-04001, and will bring more consistency between the Comprehensive Plan and the Community Development Code. The change from transportation concurrency to the proposed Mobility Management System will require developers to better mitigate their potential transportation impacts by utilizing strategies that increase mobility for pedestrians, bicycles, and mass transit users and by utilizing livable communities techniques within development proposals. As such, the above reference objectives and policy of the Comprehensive Plan will be furthered. 2. The proposed amendment furthers the purposes of the Community Development Code and other City ordinances and actions designed to implement the Plan. The proposed text amendment will further the purposes of the CDC in that it will be consistent with the following purposes set forth in Section 1-103. Community Development Board — December 15, 2015 TA2015-10006 — Page 3 ■ It is the purpose of this Development Code to implement the Comprehensive Plan of the city; to promote the health, safety, general welfare and quality of life in the city; to guide the orderly growth and development of the city; to establish rules of procedures for land development approvals; to enhance the character of the city and the preservation of neighborhoods; and to enhance the quality of life of all residents and property owners of the city (Section 1-103.1., CDC). ■ Provide the most beneficial relationship between the uses of land and buildings and the circulation of traffic throughout the city, with particular regard for safe and efficient vehicular and pedestrian traffic movement (Section 1-103.E.4., CDC). The establishment of the Mobility Management System, which replaces transportation concurrency, will continue to ensure efficient vehicular movement while also requiring developers to better accommodate pedestrian, bicycle, and mass transit users on the road network system. The proposed amendments will also update references to current State Statute requirements. As such, the proposed amendment furthers the purposes of the Community Development Code as well as the actions designed to implement the Clearwater Comprehensive Plan. SUMMARY AND RECOMMENDATION: The proposed amendment to the Community Development Code is not inconsistent with and will further the goals, objectives and policies of the Clearwater Comprehensive Plan and the purposes of the Community Development Code. Based upon the above, the Planning and Development Department recommends APPROVAL of Ordinance No. 8806-16 that amends the Code of Ordinances and the Community Development Code. Prepared by Planning and Development Department Staff:— Kyle Brotherton, Planner ATTACHMENTS: Ordinance No. 8806-16 Community Development Board — December 15, 2015 TA2015-10006 — Page 4 ORDINANCE 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 CONSITENT 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 ec!) __ co,nor,ent;) teit:,changOd- er.to to: development approvals to maintaining adopted roadway level of services standards, da`ei'trnenfi`uneialstb'�geme"OS daveiopenentapprovals to roadway LOS standards while facilitating multi -modal transportation solutions; and can �ord(Urth rnuuI,no"d r ' 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, amendments are needed to the Clearwater Development Code to establish a mobility management system consistent with the Pinellas County Mobility Plan; and WHEREAS, the mobility management system will replace the proportionate fair share program which was required under transportation concurrency; �64--------------------- WHEREAS, __________________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. 56-43 16-xx, 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: 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 seaissiea council setting forth the board's findings in regard to whether the 2 Ordinance No. 8806-16 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 semmissien council review/decision. Upon receipt of the recommended order of the community development board, the city eernmissien 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 council finds that such amendment complies with the following standards: 5. The amendment will not adversely burden public facilities, including the EraffiG traffic operations of streets, 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 4-901.13, Authority and applicability, Community Development Code be amended as follows: B. Exception. No certificate of concurrency/capacity is required for the following: 12. Roads 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: 3 Ordinance No. 8806-16 7 Ordinance No. 8806-16 __ - .. ___....... 8 Ordinance No. 8806-16 9 Ordinance No. 8806-16 10 Ordinance No. 8806-16 12 Ordinance No. 8806-16 Gest„ — a�rr Whew Gostn — The Gest of the yeaF n; t — GentingeRGY faGteF Will enly be applied to pFGjerts that have Rot been Geste —The GOSt of the the GUFFeRt year; gFGMh-a + Sest-gFE)vAh-3y3 Jnr GGSt gFwAh; , Gest gr --Ah, — The gFOYAh Fate of costs two years PF*9F= Gest grevAh-�, — Section 4-904. - Mobility Management ffitstem(. ---' fMA earriet to CONCURREKY AND M06"L T"NA6EMENP A Purpose and intent The purpose of this section, is to provide a more flexible and efficient alternative to the traditional form of 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 projects within the City of Clearwater that generate new P.M. peak hour trips are subject to the provisions of this section to Coibn*AiKk From heti. /U' address their development impacts. Determination of trip generation associated with i The de,erostc��,�,otrd�newcQaaytrr�TiF an application for development shall be based on Schedule A or B in Section 150 40 ��h anationmanuvpiusa to lr �'° °s°t e.rrE:< Trip genertrcrn manual-ta dete�rrine lie expected 1 of Pinellas County Ordinance 486= or the latest edition of the Institute of , h«,rartr_irmg�nBr ttedfromthe.vroect,ssli Transportation Engineers Trip Generation Wntrat As an alternative to the fee eensaid tokeep tn we nas,ss;nce,YSfromthe ca,�ntv.. 14 Ordinance No. 8806-16 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/egress 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 Capital Improvements Element of the Clearwater Comprehensive i%N 3. Development projects that generate less than 51 new-F6.idl- peak hour trips mfl- 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 proiects. Tier 1 projects are development proiects that generate between 51 and 300 newf.f*. 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 proiects. Tier 2 proiects are development proiects that generate more than 300 newt-#- peak hour trips. a. Developers of Tier 2 proiects within deficient road corridors are required to conduct a traffic study and submit an accompanying report. The report shall include the results of the traffic study and a transportation management plan identifying improvements necessary to mitigate the impacts of the project. 15 Ordinance No. 8806-16 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. 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 adiacent 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 protect. A transportation management plan is reauired for development applications subject to sections 4-904C.3. 4. and 5, utilizing transportation management strategieshmprovements 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 proiect(s) and roadway capacity and/or mobility benefits provided shall be based primarily on the proiect(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 otherwise normally apply to the proposal. Other such corrective actions that would reduce the intensity of the proposal may also apply. 16 Ordinance No. 8806-16 make an initiar de development proj feet the impact of 4igniflcant (Le., it. Intersection bottk :they have the apt! governments>°< itaren't stion )up meetings', UT and p�Sf�'A,,, Ianfxuzg was - nt road. a cos. findings of the'anakysfs trek=1 or 2 require may be applied tache pr 1 - etch: -,; �qh 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. Proiect 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 a &47 iwa improvements. A groiect may construct link ca acih commen ce _T�- .. p `[T� Highways are e --------YchnicalTy ny' '- -- improvements, acceleration/deceleration lanes, Intersection improvements, or which includes arteriaGs, collectors;,: 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 emplover-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. Demand manaoement/commuter assistance. These include efforts to encourage ride -sharing (e.g., designated parking spaces for carpools, emplover-sponsored carpool programs, participation in transportation management oraanization/initiative programs)_ and imDlementincLflexible work hour and telecommuting programs Bicvcle/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 adiacent land uses, trail improvements and bicycle rack and on -street bicycle lane installations, and the planting of trees to provide shade canopy along sidewalks. k. Intelligent transportation system improvements. This includes improvements pertaining to computerized traffic signal systems that automatically adjust to maximize traffic flow and to permit emergency vehicles to pass through 17 Ordinance No. 8806-16 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. ime. 1 itivabl community site design features These include but are not limited to ------- Gtmi» (tC1�& proposedpofieyB z 2 8sta2es implementation of pedestrian friendly site design features such as orienting that the 04shall '`°rmt�b>e`°n,"'t' e uiramer is such as NA. Sand its hglig'res to"" �« buildings toward the street and parking lots to the side or rear of buildings. proposddeye�pmentsorredevetopmenis. iis" 3iaw sn tt a"Trans EfementbctF reierennces ihose:in the FLU,,,eler nc f -think the ceinp pterrreierence is: knowbroad eirouggh, but thatcan be changed If , . Section 8. That Article 4, Development Review and Other Procedures, deeded,andareferencetothe comp plan can Fie Section 4-905, Reserved, of the Community Development Code be amended to read as addedhereuso follows: Section 4-905. - Resewed. 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 pavment 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 ufldirtg permft------- = Gomment'`[IB ):a,angefnusefrom,4fi- which will generate additional traffic shall be required to pay a multi -modal impact restaurant wcutdfncreasetraffic. perkaarkeen agrees 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 b idl. --_ - - canment) io)zs idbefore cio uance. Sorne pay upfront but most delay until, 4 VQwhersrequired. Water Setverpaid before, r 3 Any person who has submitted a site plan or building permit application in permitssuarsce accordance with land development codes prior to the adoption of Ord. No. 8806- perKevinG: 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: TGR x %NT x TL X CST (i— - CoMmment�Ks Math works going across_ as --------------------------------------------------------------- CAP x2 18 Ordinance No. 8806-16 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 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 feepaver 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: 1. Documentation of the cost per lane per mile for roadway construction for the proposed land development activity. 19 Ordinance No. 8806-16 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 WA 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 aproved 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 number of single -occupant vehicle trips that would otherwise be associated with the project. 20 Ordinance No. 8806-16 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 driveway(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 -connecting 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 parking 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 eligible 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 project consistent with the Clearwater Comprehensive Plan or the Metropolitan Planning Organization's Long Range Transportation Plan. The proiect(s) may be for any mode of transportation, including rail, transit, pedestrian, or bicycle, providing that ft 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 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 21 Ordinance No. 8806-16 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. Fees collected within a community development or tax increment financing district :_ -- comment [Ke141: Per Ais from PC: The shall be expended within such district. If the proiect(s) benefit the district from language them acretinzrao#ksai�runt increm"fmanchng with lmpactfaes Seems like— ike-awhere wherethe fees were collected, the fees can be expended in a neighboring district. youwouldwantthese,separated, Impact fees,do Parking garages for general public purposes shall be considered eligible "°t `dyhavef°beSpe t'"the stmt °in where they were collected_ As iong:as the pr`oject(s)- transportation Improvements within such areas or districts. they are fundingbenefitthe districtfro nnwherethe .. fees were collecter�i' , they can be expended irr•a 3. Multi -modal impact fees collected by the City shall be held by the City until the end neighborirgdritrct.• of the fiscal year in which collected. At the beginning of each new fiscal year, tiso.asyou�reawana;the City retains 50%ofallthe one-half of all fees collected, and the accrued interest thereon, less the four the remaining s0gaes" percent retained from the total fee collected for administrative costs, shall be back to the.County., County adminlstrator appn©va� 'nntneexperidituedimpaotrpesisonly necessary forwarded to the Board of County Commissioners for placement in the appropriate) therity, a"tstousa, the portion offundstnafara� - trust account. The remaining one-half shall be deposited in the City's multi -modal due baa -to, the County, 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-:administratoJi and the City Comment[Ks161:Thi'sstephsneetleaafiheCity Manager or his or her designee. _Wantsto• Use the portion offundsthataredueback :< to the county_ 5. Multi -modal impact fees collected Ion ttie.state road network witfiln the City may be -- .comment;[KB161.:PerAi" trrkiia with k; . . ----- made available for construction of improvements on the state road network within Replaces"withrneach district the City. 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 22 Ordinance No. 8806-16 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 feepaver. within 180 days of that date be returned to the feepayer 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 feepaver for eligible off-site transportation improvements funded by the feepaver. Deficient facility means a road operating at P.M.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. 23 Ordinance No. 8806-16 Feepaver 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 proiects 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. 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 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 Approved as to form: Camilo Soto Assistant City Attorney George N. Cretekos Mayor Attest: Rosemarie Call City Clerk 25 Ordinance No. 8806-16 ORDINANCE 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, IMPLEMENTING A MOBILITY MANAGEMENT SYSTEM AND MULTI -MODAL IMPACT FEE; AMENDING ARTICLE 8, DEFINITIONS AND RULES OF CONSTRUCTION, SECTION 8-102, ADDING AND DELETING TERMS CONSITENT 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: MULTI IMPACT FEE: XXII. TRANSPORTATION -MODAL Pinellas County Land Development Code chapter 150, Article (IIS, administered by Comment [Wui1: Please double-ahtckthat this . the city, assesses a fee on new land development or a change in land use. This fee is referencewiuremain the same inthe countys proposed oFdman4,_if you hayen't;already donescy. based upon the increase in vehicular traffic generated by a new development or land use. Comment [KB21 Will remain the same. '. Section 2. That Article 4, Development Review and Other Procedures, Section 4-602, Zoning Atlas Amendments, Community Development Code be amended as follows: D. Community development board review/recommendation. Upon receipt of the recommendation of the community development coordinator, the community 2 Ordinance No. 8806-16 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 seliiMissieR 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 GOmmissien council review/decision. ,Upon receipt of the recommended order of the community development board, the city esaAFRissiea 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 sernFwissi council finds that such amendment complies with the following standards: 5. The amendment will not adversely burden public facilities, including the traf€e GapaGities traffic operations of streets, 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 4-901.13, 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: Make a PM199FUORate faiF share GOntFibutien, puFsuant 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: 4 Ordinance No. 8806-16 5 Ordinance No. 8806-16 6 Ordinance No. 8806-16 7 Ordinance No. 8806-16 9 Ordinance No. 8806-16 10 Ordinance No. 8806-16 11 Ordinance No. 8806-16 12 Ordinance No. 8806-16 13 Ordinance No. 8806-16 G c)sf — nl + f) v (Gest_P Where: l Gast T-heE;ostafthempFeveFneRtsqnyeaFnj t - GeRtingenGy faGteF WHI enly be applied to pFE�eots that have Rot been Gest gre a,., - The gFevAh Fate Gf GGStS eVeF the last three yeaFG; Gest Where. Gestgrewthq, - , gest gFewtff-4- The gFevAh rate 9f GGStS iR the previeus yew�, Gest gre GestgrevAh-a - 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 projects 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 ell AV 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 inaress/earess 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 Capital Improvements Element of the Clearwater Comprehensive Plan. 3. Development projects that generate less 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 proiects are development proiects that generate between 51 and 300 new peak hour trips. a. Developers of Tier 1 proiects 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 proiects 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 proiects. Tier 2 proiects are development proiects that generate more than 300 new peak hour trips. a. Developers of Tier 2 proiects 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 proiect(s) and roadway capacity and/or mobility benefits provided shall be based primarily conditions of the deficient road corridor impacted by the development shall also be considered. 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 Proiect phasing A proiect 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. Outparce/ 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 proiect 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. g. 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 proiect may implement a plan to encourage transit (e.a., 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, emplover-sponsored carpool programs, participation in transportation management organization/initiative programs), and implementing flexible work hour and telecommuting programs. i. 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 adjust 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. — ReseNed. 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 buildingr)ermit 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 elsyn..rrar>sz.��i�:�� 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 feepaver, the amount of the multi -modal impact fee may be determined by the Impact Fee Schedule A or B in Section 150-40 of Pinellas County Ordinance 16-xx. 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 feepaver opts to not have the impact fee determined accordinq to subsection_ s 1 or 2 of this section, then the feepaver 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 followinq: 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 driveway(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 -connecting 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 parking 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 eligible for credit against impact fee assessment. 11 The City Manager or his or her designee may accept an offer by the feepayer to implement all or part of a transportation improvement project consistent with the Clearwater Comprehensive Plan or the Metropolitan Planning Organization's Long Range Transportation Plan. The proiect(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 proiect(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, less 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 feepayer 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 ollows:Credits means the impact fee deductions allowed a feepayer for eligible off-site transportation improvements funded by the feegaver. 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. 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 maior 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. existing Ew pFE)pesed multiple viable altefflative tFavel paths 9F FRGde6 fOF GOMMOR tFiPS. 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. x x x x x x x x x 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. x x x x x x x x x 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 Approved as to form: Camilo Soto Assistant City Attorney 25 George N. Cretekos Mayor Attest: Rosemarie Call City Clerk