Ord 74-06
ORDINANCE NO. 74-06
AN ORDINANCE OF THE CI1Y COMMISSION OF THE CI1Y OF
DELRA Y BEACH, FLORIDA AMENDING THE LAND DEVELOPMENT
REGULATIONS OF THE CODE OF ORDINANCES OF THE CI1Y OF
DELRAY BEACH, RELATING TO THE CONCURRENCY
MANAGEMENT SYSTEM BY ENACTING SECTION 8.6
"PROPORTIONATE FAIR-SHARE PROGRAM"; AND PROVIDING A
GENERAL REPEALER CLAUSE, A SAVINGS CLAUSE AND AN
EFFECTIVE DATE.
WHEREAS, the 2005 amendments to the State of Florida's growth management legislation
directed local governments to enact concurrency management ordinances by December 1, 2006, that
allow for "proportionate share" contributions from developers toward traffic concurrency
requirements; and
WHEREAS, the City Commission has determined that it is necessary to create a Proportionate
Fair-Share Program consistent with Section 163.3180(16), Florida Statutes; and
WHEREAS, pursuant to LDR Section 1.1.6, the Planning and Zoning Board reviewed the
proposed text amendment at a public hearing held on November 6, 2006, and voted 7 to 0 to
recommend that the changes be approved; and
WHEREAS, pursuant to Florida Statute 163.3174(4)(c), the Planning and Zoning Board, sitting
as the Local Planning Agency, has determined that the change is consistent with and furthers the goals,
objectives and policies of the Comprehensive Plan; and
WHEREAS, the City Commission of the City of Delray Beach adopts the findings in the
Planning and Zoning Staff Report; and
WHEREAS, the City Commission of the City of Delray Beach finds the ordinance is consistent
with the Comprehensive Plan.
WHEREAS, the City Commission has determined that adoption of this Ordinance is in the
best interest of the citizens and residents of the City of Delray Beach.
NOW, THEREFORE, BE IT ORDAINED BY THE CI1Y COMMISSION OF THE CI1Y
OF DELRA Y BEACH, FLORIDA, AS FOLLOWS:
Section 1.
The foregoing recitals are hereby affirmed and ratified.
Section 2. A new Section 8.6, ''Proportionate Fair-Share Program" of the Land
Development Regulations of the Code of Ordinances is hereby enacted to read as follows:
Section 8.6. Proportionate Fair-Share Program.
(A) Pupose and Intent. The purpose of this section is to establish a method whereby the impacts of
development on transportation facilities can be mitigated by the cooperative efforts of the public and
private sectors, to be known as the Proportionate Fair-Share Program, as required by and in a manner
consistent with Section 163.3180(16), Florida Statutes. Proportionate Fair-Share payments shall be
distinct and separate payments from and shall not be considered the same as impact fee payments.
Impact fees are imposed by the City to replace capacity utilized by growth and to provide funding for
long-range transportation plans. Proportionate fair-share is assessed to pay for specific deficiencies to
the transportation network resulting from development and enabling development to meet level of
service (LOS) concurrency requirements. Proportionate Fair-Share enables development to meet
concurrency requirements by proportionately paying for improvement projects.
(B) Applicability. The Proportionate Fair-Share Program shall apply to all developments that fail to
meet the standards of this division on a roadway within the City that is not the responsibility of Palm
Beach County or the Florida Department of Transportation (FD01). The Proportionate Fair-Share
Program does not apply to Developments of Regional Impact (DR!) using proportionate fair-share
under Section 163.3180(12), Florida Statutes, projects exempted from this division, or for projects that
received traffic concurrency approval prior to December 1, 2006.
(C) General Requirements. An applicant may choose to satisfy the transportation concurrency
requirements by making a proportionate fair-share contribution for impacts of new development on
City roads that have or will have an LOS deficiency as defined in this division, pursuant to the
following requirements:
1. The proposed development is consistent with the comprehensive plan and applicable
land development regulations.
2. Any improvement project proposed to meet the developer's fair-share obligation shall
meet the City's design standards for locally-maintained roadways.
3. The scope of the project shall provide for no less than the capacity necessary to address the
transportation concurrency needs for the next five years after the execution of the fair-share
agreement.
4. The road improvement necessary to maintain the adopted LOS is specifically identified for
construction in the five-year schedule of capital improvements in the Capital Improvements
Element (CIE) of the Comprehensive Plan. The provisions of subsection 4. a. may apply if
a transportation project or projects are needed to satisfy concurrency and are not presendy
included within the City's CIE.
a. If an applicant meets the criteria contained in subsection (c), and the City's CIE does
not include the transportation improvements necessary to satisfy the LOS deficiency, then
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Ord No. 74-06
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the City may allow transportation concurrency improvements and funding for the project
through the proportionate fair-share upon compliance with the following criteria:
(1) The improvement shall not be contained in the first three years of the
City's five-year schedule of capital improvements in the CIE;
(2) The City adopts by resolution a commitment to add the improvement
funded by the developer's proportionate share assessment to the five-year
schedule of capital improvements in the CIE at a point no later than the next
scheduled annual update. To qualify for consideration under this section, the
developer shall be required to submit for review and obtain the City's
approval of the financial feasibility of the proposed improvement pursuant to
Section 163.3180, Florida Statutes, consistent with the comprehensive plan,
and in compliance with the provisions of this ordinance;
(3) The City agrees to enter into a binding proportionate fair-share agreement;
(4) The City agrees to amend the five-year schedule of capital improvements
in the City's CIE at the next annual review or if the funds allocated for the
five-year schedule of capital improvements in the City's CIE are insufficient
to fully fund construction of a transportation improvement required by the
CMS to make the project concurrent, the City may still enter into a binding
proportionate fair-share agreement with the applicant; provided, however,
that the proportionate fair-share amount in such agreement is sufficient to
pay for one or more improvements which shall, in the opinion of the City
Commission, alleviate the concurrency concern and the CIE is amended
accordingly at the next annual review.
(0) Intery,ovemmental Coordination. Pursuant to policies in the Intergovernmental Coordination Element
of the Comprehensive Plan, the City shall coordinate with Palm Beach County and other affected
jurisdictions, such as FDOT, regarding mitigation to impacted facilities not under the jurisdiction of the
local government receiving the application for proportionate fair-share mitigation. An interlocal
agreement may be established with other affected jurisdictions for this purpose.
(E) Application Process.
1. In the event of a lack of capacity to satisfy transportation concurrency, the applicant
shall have the opportunity to satisfy transportation concurrency through the
Proportionate Fair-Share Program pursuant to the requirements of subsection (c).
2. Eligible applicants shall schedule a meeting with the Planning and Zoning Department
to discuss utilization of the Proportionate Fair-Share option. Eligible applicants shall
submit a completed development application and all documentation requested by the
City. The City shall establish applicable application fees for the cost of reviewing the
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Ord No. 74-06
application. If the impacted facility affects or is on the Strategic Intermodal System (SIS),
or County roadway, then FDOT and Palm Beach County will be notified and invited to
participate in the meeting.
3. The Planning and Zoning Department shall review the application and certify that the
application is sufficient and complete within 14 working days. If an application is
determined to be insufficient, incomplete, or inconsistent with the general requirements
of the Proportionate Fair-Share Program as indicated in subsection (c), then the
applicant will be notified in writing of the reasons for such deficiencies. If such
deficiencies are not remedied by the applicant within 30 days of receipt of the written
notification, then the application will be deemed withdrawn and all fees forfeited to the
City.
4. Pursuant to Section 163.3180(16) (e), Florida Statutes, proposed proportionate fair-share
mitigation for development impacts to facilities on the SIS requires the concurrency of
the FDOT. The applicant shall submit evidence of an agreement between the applicant
and the FDOT for inclusion in the proportionate fair-share agreement.
5. When an application is deemed sufficient, complete, and eligible, the applicant shall be
advised in writing and a proposed proportionate fair-share obligation and binding
agreement will be prepared by the applicant and delivered to the appropriate parties for
review, including a copy to the FDOT for any proposed proportionate fair-share
mitigation on a SIS facility, no later than 60 days from the date at which the applicant
received the notification of a sufficient, complete, and eligible application. If the
agreement is not received by the City within these 60 days, then the application will be
deemed withdrawn and all fees forfeited to the City.
6. No proportionate fair-share agreement will be effective until approved by the City
Commission.
(F) Determining Proportionate Pair-Share Obligation.
1. Proportionate fair-share mitigation for concurrency impacts may include, without
limitation, separately or collectively, private funds, contributions of land, and
construction and contribution of facilities.
2. A development eligible for participation under the Proportionate Fair-Share Program
shall not be required to pay more than its proportionate fair share. The fair market value
of the proportionate fair-share mitigation for the impacted facilities shall not differ
regardless of the method of mitigation.
3. The methodology used to calculate a development's proportionate fair-share obligation
shall be as provided for in Section 163.3180(12), Florida Statutes, as follows:
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Ord No. 74-06
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The cumulative number of trips from the proposed development expected to
reach roadways during peak hours from the complete build out of a stage or
phase being approved, divided by the change in the peak hour maximum
service volume (MSV) of roadways resulting from construction of an
improvement necessary to maintain the adopted LOS, multiplied by the
construction cost, at the time of developer payment, of the improvement
necessary to maintain the adopted LOS.
OR
Proportionate Fair-Share=~[[(DevelopmentTrips;)/(SV Increase;)] x Cost;]
Where:
Development TripSi = Those trips from the stage or phase of development
under review that are assigned to roadway segment "i" and have triggered a
deficiency per TPS;
SV Increasei = Service volume increase provided by the eligible improvement
to roadway segment "i" per Section (c);
Cost; = Adjusted cost of the improvement to segment "i". Cost shall include all
improvements and associated costs, such as design, right-of-way acquisition,
planning, engineering review, inspection, administration, and physical
development costs direcdy associated with construction at the anticipated cost,
including contingencies, in the year it will be incurred.
4. For the purposes of determining proportionate fair-share obligations, the City Engineer
shall determine improvement costs based upon the actual and/or anticipated cost of the
improvement in the year that construction will occur.
5. If an improvement is proposed by the applicant, then the value of the improvement shall
be based on an engineer's certified cost estimate provided by the applicant and reviewed
by the City Engineer or other method approved by the City Engineer.
6. If the City has lQlIpted right-of-way dedication for the proportionate fair-share
payment, credit for ~ dedication of the right-of-way shall be valued on the date of the
dedication at 115 percent of the most recent assessed value by the Property Appraiser, or
at the option of the applicant and in-lieu of the 115 percent of assessed value option, by
fair market value established by an independent appraisal approved by the City at no
expense to the City. This appraisal shall assume no approved development plan for the
site. All right-of-way dedicated shall be part of a roadway segment that triggered the
deficiency per TPS and shall not be site-related. The applicant shall supply a drawing
and legal description of the land and a certificate of tide or tide search of the land to the
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Ord No. 74-06
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City at no expense to the City. If the estimated value of the right-of-way dedication
proposed by the applicant is less than the City-estimated total proportionate fair-share
obligation for that development, then the applicant shall also pay the difference. Prior to
purchase or acquisition of any real estate or acceptance of donations of real estate
intended to be used for the proportionate fair-share, public or private partners should
contact the FDOT for essential information about compliance with federal law and
regulations. The City shall also have the option of requiring an environmental
assessment for right-of-way dedication.
(G) Impact Fee Credit for Proportionate Fair-Share Mitigation.
1. Proportionate fair-share contributions shall be applied as a credit against road impact
fees to the extent that all or a portion of the proportionate fair-share mitigation is used
to address the same capital infrastructure improvements contemplated by the impact fees
imposed by the County and collected by the City, in accordance with the Palm Beach
County Traffic Impact Fee Ordinance.
2. Impact fee credits for the proportionate fair-share contribution will be determined when
the transportation impact fee obligation is calculated for the proposed development.
Impact fees owed by the applicant will be reduced per the proportionate fair-share
agreement as they become due pursuant to the Citywide Impact Fees Division contained
in this chapter. Once the credit has been exhausted, payment of road impact fees shall
be required for each permit issued. The impact fee credit shall be established when the
proportionate fair-share contribution is received by the City, or when the fair-share
amount is secured by Performance Security.
3. The proportionate fair-share obligation is intended to mitigate the transportation impacts
of a proposed project. As a result, any road impact fee credit based upon proportionate
fair-share contributions for a proposed project cannot be transferred to any other
project.
(H) Proportionate Fair-Share Agreements.
1. Upon execution of a proportionate fair-share agreement ("Agreement"), the applicant
shall receive a certificate of concurrency approval. Should the applicant fail to apply for a
development building permit within 18 months, then the Agreement and the certificate
of concurrency approval shall be considered null and void, and the applicant shall be
required to reapply.
2. Payment of the proportionate fair-share contribution is due in full no later than the
issuance of the first building permit, and shall be non-refundable. If the payment is
submitted more than 90 days from the date of execution of the Agreement, then the
proportionate fair-share cost shall be recalculated at the time of payment, pursuant to
subsection (f), and adjusted accordingly.
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Ord No. 74-06
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3. In the event an Agreement requires the applicant to payor build 100 percent of one or
more road improvements, all such improvements shall be commenced prior to the
issuance of a building permit and assured by a binding agreement that is accompanied by
a Performance Security, as determined by the City, which is sufficient to ensure the
completion of all required improvements. It is the intent of this section that any
required improvements be completed before the issuance of Certificates of Occupancy.
4. Dedication of necessary rights-of-way for facility improvements pursuant to a
proportionate fair-share agreement shall be completed prior to the issuance of the first
building permit but shall not include a building permit issued for a dry model.
5. Any requested change to a development subsequent to a development order may be
subject to additional proportionate fair-share contributions to the extent the change
would generate additional traffic that would require mitigation.
Applicants may submit a letter to withdraw from the proportionate fair-share agreement
at any time prior to the execution of the agreement. The application fee and any
associated advertising costs paid to the City will be non-refundable.
7. The City may enter into proportionate fair-share agreements for selected corridor
improvements to facilitate collaboration among multiple applicants on improvements to
a shared transportation facility.
(I) Appropriation of Fair-Share Revenues.
1. Proportionate fair-share revenues shall be placed in the appropriate project account for
funding of scheduled improvements in the CIE, or as otherwise established in the terms
of the proportionate fair-share agreement. Proportionate fair-share revenues may be
used as the 50 percent local match for funding under the FDOT TRIP, or any other
matching requirement for state and federal grant programs as may be allowed by law.
2. In the event a scheduled facility improvement is removed from the CIE, then the
revenues collected for its construction may be applied toward the construction of
another improvement within that same corridor or County Impact Fee Benefit Zone
that would mitigate the impacts of development pursuant to the requirements of
subsection (c) 3.
Section 3.
are hereby repealed
That all ordinances or parts of ordinances in conflict herewith be and the same
Section 4. That should any section or provision of this ordinance or any portion thereof,
any paragraph, sentence, or word be declared by a Court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the
part declared to be invalid.
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Ord No. 74-06
Section 5. That this ordinance shall become effective upon its passage on second and final
reading.
~ED AIiD ADOPTED in regular session 00 second and final reading on this the ~
day of ~~ \\ ~. ~ 2006.
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ATTEST:
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City Clerk
First Reading \W-\ \:)~
Second Reading '.;l\ ~ \ ~
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Ord No. 74-06
MEMORANDUM
FROM:
MAYOR AND CI1Y COMMISSIONERS
CI1Y MANAGER ~
AGENDA ITEM # 10. F - REGULAR MEETING OF DECEMBER 5. 2006
ORDINANCE NO. 74-06
TO:
SUBJECT:
DATE:
DECEMBER 1, 2006
This ordinance is before Commission for second reading to amend Land Development Regulations
(LDR) Chapter 8, "Special Implementation Programs" by enacting a new Section 8.6 "Proportionate
Fair-Share Program". Adoption of this Ordinance is required by State Law.
At the first reading on November 21,2006, the Commission passed Ordinance No. 74-06.
Recommend approval of Ordinance No. 74-06 on second and final reading.
S:\City Oerk\AGENDA COVER MEMOS\Ordinance Agenda Memos\Ord 74-06 Amend WR Section 8.6 Proportionale Fair-Share Program 2nd Reading 1205.06.doc
~
FROM:
DA~T...". EN
P~~ING,AI
DIRECTOR OF PLANNING & ZONING
TO:
SUBJECT: MEETING OF NOVE ER 20, 2006 **REGULAR AGENDA**
CONSIDERATION OF A CITY-INITIATED AMENDMENT TO THE LAND
DEVELOPMENT REGULATIONS (LDRs) CHAPTER 8 "SPECIAL
IMPLEMENTATION PROGRAMS" BY ENACTING A NEW SECTION 8.6
"PROPORTIONATE FAIR-SHARE PROGRAM".
The item before the City Commission is approval of a City-initiated amendment to the Land
Development Regulations to accommodate revi?ions to Chapter 8 "Special Implementation
Programs" section of the LDRs.
Revisions to the Growth Management Legislation approved in 2005 directed local governments to
enact concurrency management ordinances by December 1, 2006 that allows for "proportionate
share" contributions from developers to satisfy traffic concurrency requirements. The bill
authorizes "proportionate share mitigation" allowing developers to satisfy transportation
concurrency requirements through "proportionate share mitigation" if facilities needed for the
mitigation of the development impacts are specifically identified for funding in the 5 year Capital
Improvement Element (CIE), or in a long-term Concurrency Management System (CMS), or if
contributions or payments to such facilities are reflected in the next update of the 5 year CIE.
Further, if funds allocated for the 5 years of capital improvements in the City's CIE are insufficient
to fully fund construction of a transportation improvement required by the CMS to make the
project concurrent, the City may still enter into a binding proportionate fair-share agreement with
the applicant; provided, however, that the proportionate fair-share amount in such agreement is
sufficient to pay for one or more improvements which shall, in the opinion of the City Commission,
alleviate the concurrency concern and the CIE is amended accordingly at the next annual review.
Proportionate fair-share mitigation can include private funds, contributions of land, and
construction and contribution of facilities. A local government may not require a development to
pay more than its proportionate fair-share contribution regardless of the method of mitigation.
The ordinance was considered by the Planning and Zoning Board at a special meeting of
November 6, 2006. The Board discussed the proposed ordinance and recommended approval
on a 7 to 0 vote by adopting the findings of fact and law contained in the staff report and finding
that the requests are consistent with the Comprehensive Plan and meets criteria set forth in
Section 2.4.5(M) of the Land Development Regulations.
Approve the amendment to Land Development Regulations Section Chapter 8 "Special
Implementation Programs" by enacting a new Section 8.6 "Proportionate Fair Share Program"
section of the LDRs.
Attachments:
· Proposed Ordinance
· Planning & Zoning Staff Report of November 6, 2006
IZ.f
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Planning and Zoning Board Memorandum Staff Report, November 6, 2006
Amendment to LDRs Pertaining to "Proportionate Fair-Share"
A review of the objectives and policies of the adopted Comprehensive Plan was conducted and the
following applicable Objective and Policy were noted:
Future Land Use Element Obiective A-5 The City shall maintain its Land Development Regulations,
which shall be regularly reviewed and updated, to provide streamlining of processes and to
accommodate planned unit developments (PUD), mixed-use developments, and other innovative
development practices.
The purpose of the amendment is to make the concurrency management systems complaint with new
growth management laws which now regulate them. While compliance with growth management laws
is not specifically mentioned in a Goals, Objectives, and Policies section of the Comprehensive Plan,
the overall Comprehensive Plan is required to be consistent with them.
Transportation Policy A 2.3 Concurrent with the issuance of building permits, provisions shall be
made for the installation of improvements which are necessary to maintain the adopted level of
service.
The proposed amendment addresses how these necessary improvements will be funded and the
process by which these transportation system improvements are to be achieved.
Based on the above, a positive finding can be made that the amendments are consistent with and
further the Goals, Objectives, and POlicies of the Comprehensive.
Courtesy Notices:
Given the generic nature of this requirement, i.e., bringing the City's concurrency requirements
consistent with new growth management laws, no individual notice was given.
Letters of objection and support, if any, will be provided at the Planning and Zoning Board meeting.
The purpose of this City-initiated LDR text amendment is to create a "proportionate fair-share" option
for compliance with traffic concurrency as required by the Growth Management Laws of 2005 and as
codified in Florida Statute 163.3180. Positive findings can be made with respect to LDR Section
2.4.5(M) (5) and the proposed amendment is consistent with and furthers the Goals, Objectives and
Policies of the Comprehensive Plan.
Recommend to the City Commission approval of the City-initiated amendments to Land Development
Regulations to Chapter 8 "Special Implementation Programs" enacting a new Section 8.6 a
"Proportionate Fair-Share" program.
Attachment:
· Proposed Ordinance
ORDINANCE NO. 74-06
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA AMENDING THE LAND DEVELOPMENT
REGULATIONS OF THE CODE OF ORDINANCES OF THE CITY OF
DELRAY BEACH, RELATING TO THE CONCURRENCY
MANAGEMENT SYSTEM BY ENACTING SECTION 8.6
"PROPORTIONATE FAIR-SHARE PROGRAM"; AND PROVIDING A
GENERAL REPEALER CLAUSE, A SAVINGS CLAUSE AND AN
EFFECTIVE DATE.
WHEREAS, the 2005 amendments to the State of Florida's growth management
legislation directed local govemments to enact concurrency management ordinances by
December 1, 2006, that allow for "proportionate share" contributions from developers
toward traffic concurrency requirements; and
WHEREAS, the City Commission has determined that it is necessary to create a
Proportionate Fair-Share Program consistent with Section 163.3180(16), Florida Statutes;
and
WHEREAS, pursuant to LDR Section 1.1.6, the Planning and Zoning Board
reviewed the proposed text amendment at a public hearing held on November 6, 2006,
and voted 7 to 0 to recommend that the changes be approved; and
WHEREAS, pursuant to Florida Statute 163.3174(4)(c), the Planning and Zoning
Board, sitting as the Local Planning Agency, has determined that the change is consistent
with and furthers the goals, objectives and policies of the Comprehensive Plan; and
WHEREAS, the City Commission of the City of Delray Beach adopts the findings in
the Planning and Zoning Staff Report; and
WHEREAS, the City Commission of the City of Delray Beach finds the ordinance is
consistent with the Comprehensive Plan.
WHEREAS, the City Commission has determined that adoption of this Ordinance is
in the best interest of the citizens and residents of the City of Delray Beach.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. The foregoing recitals are hereby affirmed and ratified.
Section 2. A new Section 8.6, "Proportionate Fair-Share Program" of the Land
Development Regulations of the Code of Ordinances is hereby enacted to read as follows:
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Section 8.6. Proportionate Fair-Share Program.
(A) Purpose and Intent. The purpose of this section is to establish a method whereby the
impacts of development on transportation facilities can be mitigated by the cooperative
efforts of the public and private sectors, to be known as the Proportionate Fair-Share
Program, as required by and in a manner consistent with Section 163.3180(16), Florida
Statutes. Proportionate Fair-Share payments shall be distinct and separate payments from
and shall not be considered the same as impact fee payments. Impact fees are imposed
by the City to replace capacity utilized by growth and to provide funding for long-range
transportation plans. Proportionate fair-share is assessed to pay for specific deficiencies
to the transportation network resulting from development and enabling development to
meet level of service (LOS) concurrency requirements. Proportionate Fair-Share enables
development to meet concurrency requirements by proportionately paying for
improvement projects.
(B) Applicability. The Proportionate Fair-Share Program shall apply to all developments
that fail to meet the standards of this division on a roadway within the City that is not the
responsibility of Palm Beach County or the Florida Department of Transportation (FDOT).
The Proportionate Fair-Share Program does not apply to Developments of Regional
Impact (DRI) using proportionate fair-share under Section 163.3180(12), Florida Statutes,
projects exempted from this division, or for projects that received traffic concurrency
approval prior to December 1 , 2006.
(C) General Requirements. An applicant may choose to satisfy the transportation
concurrency requirements by making a proportionate fair-share contribution for impacts
of new development on City roads that have or will have an LOS deficiency as defined
in this division, pursuant to the following requirements:
1. The proposed development is consistent with the comprehensive plan and
applicable land development regulations.
2. Any improvement project proposed to meet the developer's fair-share
obligation shall meet the City's design standards for locally-maintained
roadways.
3. The scope of the project shall provide for no less than the capacity necessary to
address the transportation concurrency needs for the next five years after the
execution of the fair-share agreement.
4. The road improvement necessary to maintain the adopted LOS is specifically
identified for construction in the five-year schedule of capital improvements in
the Capital Improvements Element (CIE) of the Comprehensive Plan. The
provisions of subsection 4. a. may apply if a transportation project or projects
are needed to satisfy concurrency and are not presently included within the
City's CIE.
a. If an applicant meets the criteria contained in subsection (c), and the City's
CIE does not include the transportation improvements necessary to satisfy the
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LOS deficiency, then the City may allow transportation concurrency
improvements and funding for the project through the proportionate fair-share
upon compliance with the following criteria:
(1) The improvement shall not be contained in the first three years
of the City's five-year schedule of capital improvements in the CIE;
(2) The City adopts by resolution a commitment to add the
improvement funded by the developer's proportionate share
assessment to the five-year schedule of capital improvements in the
CIE at a point no later than the next scheduled annual update. To
qualify for consideration under this section, the developer shall be
required to submit for review and obtain the City's approval of the
financial feasibility of the proposed improvement pursuant to
Section 163.3180, Florida Statutes, consistent with the
comprehensive plan, and in compliance with the provisions of this
ordinance;
(3) The City agrees to enter into a binding proportionate fair-share
agreement;
(4) The City agrees to amend the five-year schedule of capital
improvements in the City's CIE at the next annual review or if the
funds allocated for the five-year schedule of capital improvements
in the City's CIE are insufficient to fully fund construction of a
transportation improvement required by the CMS to make the
project concurrent, the City may still enter into a binding
proportionate fair-share agreement with the applicant; provided,
however, that the proportionate fair-share amount in such
agreement is sufficient to pay for one or more improvements which
shall, in the opinion of the City Commission, alleviate the
concurrency concern and the CIE is amended accordingly at the
next annual review.
(0) Intergovernmental Coordination. Pursuant to policies in the Intergovernmental
Coordination Element of the Comprehensive Plan, the City shall coordinate with Palm
Beach County and other affected jurisdictions, such as FOOT, regarding mitigation to
impacted facilities not under the jurisdiction of the local govemment receiving the
application for proportionate fair-share mitigation. An interlocal agreement may be
established with other affected jurisdictions for this purpose.
(E) Application Process.
1. In the event of a lack of capacity to satisfy transportation concurrency, the
applicant shall have the opportunity to satisfy transportation concurrency
through the Proportionate Fair-Share Program pursuant to the requirements
of subsection (c).
3
2. Eligible applicants shall schedule a meeting with the Planning and Zoning
Department to discuss utilization of the Proportionate Fair-Share option.
Eligible applicants shall submit a completed development application and all
documentation requested by the City. The City shall establish applicable
application fees for the cost of reviewing the application. If the impacted
facility affects or is on the Strategic Intermodal System (SIS), or County
roadway, then FDOT and Palm Beach County will be notified and invited to
participate in the meeting.
3. The Planning and Zoning Department shall review the application and certify
that the application is sufficient and complete within 14 working days. If an
application is determined to be insufficient, incomplete, or inconsistent with
the general requirements of the Proportionate Fair-Share Program as
indicated in subsection (c), then the applicant will be notified in writing of the
reasons for such deficiencies. If such deficiencies are not remedied by the
applicant within 30 days of receipt of the written notification, then the
application will be deemed withdrawn and all fees forfeited to the City.
4. Pursuant to Section 163.3180(16) (e), Florida Statutes, proposed
proportionate fair-share mitigation for development impacts to facilities on the
SIS requires the concurrency of the FOOT. The applicant shall submit
evidence of an agreement between the applicant and the FDOT for inclusion
in the proportionate fair-share agreement.
5. When an application is deemed sufficient, complete, and eligible, the
applicant shall be advised in writing and a proposed proportionate fair-share
obligation and binding agreement will be prepared by the applicant and
delivered to the appropriate parties for review, including a copy to the FDOT
for any proposed proportionate fair-share mitigation on a SIS facility, no later
than 60 days from the date at which the applicant received the notification of
a sufficient, complete, and eligible application. If the agreement is not
received by the City within these 60 days, then the application will be deemed
withdrawn and all fees forfeited to the City.
6. No proportionate fair-share agreement will be effective until approved by the
City Commission.
(F) Determining Proportionate Fair-Share Obligation.
1. Proportionate fair-share mitigation for concurrency impacts may include,
without limitation, separately or collectively, private funds, contributions of
land, and construction and contribution of facilities.
2. A development eligible for participation under the Proportionate Fair-Share
Program shall not be required to pay more than its proportionate fair share.
The fair market value of the proportionate fair-share mitigation for the
impacted facilities shall not differ regardless of the method of mitigation.
4
3. The methodology used to calculate a development's proportionate fair-share
obligation shall be as provided for in Section 163.3180(12), Florida Statutes,
as follows:
The cumulative number of trips from the proposed development
expected to reach roadways during peak hours from the complete
build out of a stage or phase being approved, divided by the change
in the peak hour maximum service volume (MSV) of roadways
resulting from construction of an improvement necessary to maintain
the adopted LOS, multiplied by the construction cost, at the time of
developer payment, of the improvement necessary to maintain the
adopted LOS.
OR
Proportionate Fair-Share=I[[(Development Tripsj)/(SV Increas~)] x
Cos~]
Where:
Development Tripsj = Those trips from the stage or phase of
development under review that are assigned to roadway segment "i"
and have triggered a deficiency per TPS;
SV Increasei = Service volume increase provided by the eligible
improvement to roadway segment "i" per Section (c);
Cos~ =Adjusted cost of the improvement to segment "i". Cost shall
include all improvements and associated costs, such as design, right-
of-way acquisition, planning, engineering review, inspection,
administration, and physical development costs directly associated
with construction at the anticipated cost, including contingencies, in
the year it will be incu rred.
4. For the purposes of determining proportionate fair-share obligations, the City
Engineer shall determine improvement costs based upon the actual and/or
anticipated cost of the improvement in the year that construction will occur.
5. If an improvement is proposed by the applicant, then the value of the
improvement shall be based on an engineer's certified cost estimate provided
by the applicant and reviewed by the City Engineer or other method approved
by the City Engineer.
6. If the City has accepted right-of-way dedication for the proportionate fair-
share payment, credit for the dedication of the right-of-way shall be valued on
the date of the dedication at 115 percent of the most recent assessed value
by the Property Appraiser, or at the option of the applicant and in-lieu of the
115 percent of assessed value option, by fair market value established by an
5
independent appraisal approved by the City at no expense to the City. This
appraisal shall assume no approved development plan for the site. All right-
of-way dedicated shall be part of a roadway segment that triggered the
deficiency per TPS and shall not be site-related. The applicant shall supply a
drawing and legal description of the land and a certificate of title or title search
of the land to the City at no expense to the City. If the estimated value of the
right-of-way dedication proposed by the applicant is less than the City-
estimated total proportionate fair-share obligation for that development, then
the applicant shall also pay the difference. Prior to purchase or acquisition of
any real estate or acceptance of donations of real estate intended to be used
for the proportionate fair-share, public or private partners should contact the
FDOT for essential information about compliance with federal law and
regulations. The City shall also have the option of requiring an environmental
assessment for right-of-way dedication.
(G) Impact Fee Credit for Proportionate Fair-Share Mitigation.
1. Proportionate fair-share contributions shall be applied as a credit against road
impact fees to the extent that all or a portion of the proportionate fair-share
mitigation is used to address the same capital infrastructure improvements
contemplated by the impact fees imposed by the County and collected by the
City, in accordance with the Palm Beach County Traffic Impact Fee
Ordinance.
2. Impact fee credits for the proportionate fair-share contribution will be
determined when the transportation impact fee obligation is calculated for the
proposed development. Impact fees owed by the applicant will be reduced
per the proportionate fair-share agreement as they become due pursuant to
the Citywide Impact Fees Division contained in this chapter. Once the credit
has been exhausted, payment of road impact fees shall be required for each
permit issued. The impact fee credit shall be established when the
proportionate fair-share contribution is received by the City, or when the fair-
share amount is secured by Performance Security.
3. The proportionate fair-share obligation is intended to mitigate the
transportation impacts of a proposed project. As a result, any road impact fee
credit based upon proportionate fair-share contributions for a proposed
project cannot be transferred to any other project.
(H) Proportionate Fair-Share Agreements.
1. Upon execution of a proportionate fair-share agreement ("Agreement"), the
applicant shall receive a certificate of concurrency approval. Should the
applicant fail to apply for a development building permit within 18 months,
then the Agreement and the certificate of concurrency approval shall be
considered null and void, and the applicant shall be required to reapply.
6
2. Payment of the proportionate fair-share contribution is due in full no later than
the issuance of the first building permit, and shall be non-refundable. If the
payment is submitted more than 90 days from the date of execution of the
Agreement, then the proportionate fair-share cost shall be recalculated at the
time of payment, pursuant to subsection (f), and adjusted accordingly.
3. In the event an Agreement requires the applicant to payor build 100 percent
of one or more road improvements, all such improvements shall be
commenced prior to the issuance of a building permit and assured by a
binding agreement that is accompanied by a Performance Security, as
determined by the City, which is sufficient to ensure the completion of all
required improvements. It is the intent of this section that any required
improvements be completed before the issuance of Certificates of
Occupancy.
4. Dedication of necessary rights-of-way for facility improvements pursuant to a
proportionate fair-share agreement shall be completed prior to the issuance of
the first building permit but shall not include a building permit issued for a dry
model.
5. Any requested change to a development subsequent to a development order
may be subject to additional proportionate fair-share contributions to the
extent the change would generate additional traffic that would require
mitigation.
Applicants may submit a letter to withdraw from the proportionate fair-share
agreement at any time prior to the execution of the agreement. The
application fee and any associated advertising costs paid to the City will be
non-refundable.
7. The City may enter into proportionate fair-share agreements for selected
corridor improvements to facilitate collaboration among multiple applicants on
improvements to a shared transportation facility.
(I) Appropriation of Fair-Share Revenues.
1. Proportionate fair-share revenues shall be placed in the appropriate project
account for funding of scheduled improvements in the CIE, or as otherwise
established in the terms of the proportionate fair-share agreement.
Proportionate fair-share revenues may be used as the 50 percent local match
for funding under the FDOT TRIP, or any other matching requirement for
state and federal grant programs as may be allowed by law.
2. In the event a scheduled facility improvement is removed from the CIE, then
the revenues collected for its construction may be applied toward the
construction of another improvement within that same corridor or County
Impact Fee Benefit Zone that would mitigate the impacts of development
pursuant to the requirements of subsection (c) 3.
7
Section 3. That all ordinances or parts of ordinances in conflict herewith be and
the same are hereby repealed.
Section 4. That should any section or provision of this ordinance or any portion
thereof, any paragraph, sentence, or word be declared by a Court of competent jurisdiction
to be invalid, such decision shall not affect the validity of the remainder hereof as a whole
or part thereof other than the part declared to be invalid.
Section 5. That this ordinance shall become effective upon its passage on
second and final reading.
PASSED AND ADOPTED in regular session on second and final reading on this
the day of 2006.
MAYOR
ATTEST:
City Clerk
First Reading
Second Reading
11-1!X>6P&Z
8
MEETING DATE:
NOVEMBER 6, 2006
AGENDA NO:
AGENDA ITEM:
III. B.
CONSIDERATION OF A CITY-INITIATED AMENDMENT TO THE LAND
DEVELOPMENT REGULATIONS (LDRs) CHAPTER 8 "SPECIAL
IMPLEMENTATION PROGRAMS" BY ENACTING A NEW SECTION 8.6
"PROPORTIONATE FAIR-SHARE PROGRAM".
The item before the Board is that of making a recommendation to the City Commission regarding a
City-initiated amendment to the Land Development Regulations to accommodate revisions to Chapter
8 "Special Implementation Programs" section of the LDR's.
Pursuant to Section 1.1.6, an amendment to the text of the Land Development Regulations may not
be made until a recommendation is obtained from the Planning and Zoning Board.
Revisions to the Growth Management Legislation approved in 2005 directed local governments to
enact concurrency management ordinances by December 1, 2006 that allows for "proportionate
share" contributions from developers to satisfy traffic concurrency requirements. The bill authorizes
"proportionate share mitigation" allowing developers to satisfy transportation concurrency
requirements through "proportionate share mitigation" if facilities needed for the mitigation of the
development impacts are specifically identified for funding in the 5 year Capital Improvement Element
(CIE), orin a long-term Concurrency Management System (CMS), or if contributions or payments to
suCh facilities are reflected in the next update of the 5 year CIE. CIE's that note proportionate fair-
share contributions are not to be found in noncompliance if additional contributions, payments or
funding sources necessary to fully fund the improvements are reasonable anticipated during a period
not to exceed 10 years. Further,if funds allocated for the 5 years of capital improvements in the
City's CIE are insufficient to fully fund construction of a transportation improvement required by the
CMS to make the project concurrent, the City may still enter into a binding proportionate fair-share
agreement with the applicant; provided, however, that the proportionate fair-share amount in such
agreement is sufficient to pay for one or more improvements which shall, in the opinion of the City
Commission, alleviate the concurrency concern and the CIE is amended accordingly at the next
annual review.
Proportionate fair-share mitigation can include private funds, contributions of land, and construction
and contribution of facilities. A local government may not require a development to pay more than its
proportionate fair-share contribution regardless of the method of mitigation.
REQUIRED FINDINGS
LOR Section 2.4.5(M)(5} (Findinas): Pursuant to LOR Section 2.4.5{M)(5) (Findings), in addition
to LOR Section 1.1.6{A), the City Commission must make a finding that the text amendment is
consistent with and furthers the Goals, Objectives and Policies of the Comprehensive Plan.
CITY OF DEL RAY BEACH. FLORIDA
NOTICE OF PUBLIC HEARING
^ F'I.IBU(' IfEAklN<i ",in b.:: heM OIl tfw, liJll.)wing fX\>PiKCd ordiMfK"e'!I lit 7'l'WJ n.M o. TIIJ'sn....v
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()HIUNAN(~1i' NO ~4-Oii
AN ORDINANCE or TIlE en..... (;()MMlSSJON OF nn::. el1"V Of' I>EI.RAY IlEACH, FI..ORu)A.,
,\MJ~[)ING "n'IE rVnJkr~ LAND U!l[ M.\P DESIGNAllON AS OJN1.....INH) IN 11fl: COMPREHENSIVE
Pl.AN .'ROM CF (COMMUNllY FACU.ITJE.S); TO to (LOW m:NSln' RESIDENTIAl. 0-5 Dl'IAC).;
EU~CTING TO "R(X~...J.:J> UN])[:K TUE SINGLE Iit-:ARING AIXWnON PIUKESS H)R SMALL Sc.\LE
1.AND wm Pl.AN ^Ml~I.>MEN1"S; AND RFZCJNU"iCi ,"t.NLl PLACING L....ND J>tt.6..'~a:.NTI.V 7...0NED CF
tCOMMUNITY fAC[I.J-nES); TO R. H\A {SIN<iU~ 11AMIJ.Y RESlDf!N'I1AL} UU;'1"RJC'1.; SAm lANp
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MATm.Y 6S0 n~ET HAST oF' MUJTARY TRAJl.. AS MORE PAR'I1t:'OJARL'I f)ESCRIBE:D HEREIN;
,\Mt-:NDING ..../".()NING MAP 0." UELRAY 81::."-CI1, HURlllA.. M/\RCH 2006"':. PROVU)I~G ^ Gf:."'NERAL,
REPr:AI.ER CLAUSE. ^ SAVIN<, CLAUSE_ ANOAN EFFECTIve DArE.
ORDINANCF. NO ~
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SJ-:CTlON 91.(m. "urn;"a IN PARKS", AMENDING THE PEN..'\LTY .'\MOIJN1" fOR IXKiS ON nn;: BEACH
AND SKATf.K(lARl>ING ANn AllU1NG ^ NEW Pf::NALfY ''''OM "VF;HICl...l:"-S ON THE REACH" M>lD
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RE('RF"",,"n()N F.'\Clurrru.. AND THE MUNICIPAL OE.....CU-. TO PROVIDE FOR AnornONAL RULES
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AN ORDINANce Of-' THE CITY COMMISSION OF l1iE crry OF OURAY BEACH, -FI.ORlf>A.
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LAKH [f)A ROAD. Ni 1.UE SAME [S MORE P...'\R'UCLJIA'U..Y I>['$CRmEO HEREIN, \\-lHCII I.AND JS
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TO INCl.UDE SJ\IJ> l...ANf)~ PROVLr..>lNG FOR lllr: RlGtlTS A.."'O OBt..IG~TlO,...,s OF SAID I..AND:
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OR.IUNJlNr" Nn 71-06
AN ORIlINAN'C[ OF TIn:; CO'" COMMJSSfON OF HIE CITY Of OELRAY flEA-CU, fLOIUI)^-..
REZ.(J'NING ANU Pl.ACING l.AND I'RESENn.v ZONUD I (INDUSTRIAL) DISnUCT TO ,\.fIe (MIXEO
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CITV ()F DEl.RAY IJEACIl. REL..\TIN(j lU HIE CONCURRENCY MANAGEMEN1. SYSTF.M fly
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NEPt:.AI.ER Cl.AUSE. A SAVINGS CLAUSE-; ANDAN Et"f."E~CTlVF. DATE,
ORD1NANl'1o' Nn 7~-l16
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