Ordinance 06-1814 ORDINANCE NOD. 06-1814
AN OR])][NANCE OF THE CITY OF LONGWOOD, FLORIDA,
AMENI)I]vG THE LONGWOOD~ DEVELOPMENT CODE,
ARTICLE VII, TO INCLUDE A NE'W SECTION 7.3.5 ENTITLED
"PROPORTIONATE FAIR-SHARE PROGRAM"; PROVIDING
.FOR CONFLICTS, CODIFICATION, SEVERA,BILITY AND
EFFECTIVE DATE.
WHERE•A.S, on May 6, 2002, the City Commission of the City of Longwood
enacted the Longwood Development Code (Orduiance 02-1599), as was amended from
tinge to tune, pursuant to the requirements of (~hapter 163.3202, and Chapter 166.041,
Florida Statutes; and
WHEREA..S, Chapter 163.318.0 (16)~ Florida Statutes, requires local goverunents
to implement a proportionate fair-share option for transportation concurrency systems in
the local. govermm~°nt's land development regulations by December 1, 2006; and
WHEREAS, The City Cominissign of the City of Longwood finds and
determines that transportation capacity is a commodity that has a value to both the public
and private sectors and that the Proportionate Fair-Share Program provides a method. by
which the impacts of development on transportation facilities caJ1 be mitigated by the
cooperative efforts of the public and private sectors; and
WI3EREA.S, Chapter 163.3174 (4) (c;), Florida Statutes, requires the Land
Planting Agency to review proposed land dcvelopment regl~lations, or amendments
thereto, for consistency with the adopted Plan, as may be amended; and
WHEREAS, the La11d Planning Agency (LPA) held a public hearing on October
11, 2006 to consider the amendment of the Longwood Development Code; made certain
fin.ditlgs of fact regarding said amendments, determi~led the proposed changes are
consistent and recommended the proposed ordin,mlce be enacted by the City Commission;
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NOVV, THEREFORE BE IT ORDAINED BY THE CITY COMMISSION
OF THE CITY OF LONGVVOOD, FLORIDA, AS FOLLOWS:
SECTION 1: Longwood Development Code Article VII be amended to include a new
Section 7.3.E to read as follows:
7.3.5 PROPORTIONATE FAIR-SHARE P:~20GRAM
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 knowal as the Proportionate Fair-Share Program,
as required by and in a maiuler consistent with ~ 163.3180(165.
B. Applicabilit`y
The Proportionate Fair-Share Program shall apply to all developments in the City that
impact a road segment in the City Concurrence Management System and have been
notified o:E a i:ailure to achieve transportation concurrenc~on a roadwa~se~ment or
segments. The Proportionate Fair-Share. Program does not apply to developments of
regional impact DRIB) usuzQ proportionate share under §163.3180 12 , I?.5.,
developments meeting the De Minimis standards under §163.3180(61, F.S. or to
developments exempted from concurrences previously provided in section 3.1 1. l of
this chapter.
C. General Re~Luirements
(1) An applicant may choose to satis the transportation concui7ence reauirem.ents
of the Ci1:~bv malcii~Q a proportionate; fair-share contribution pursuant to the
following requirements:
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(a) The Ur•o~osed development. is consistent with the comprehensive plan and
applicable land development re ug lations.
(b) The City five-near capital improvement program (CIP) includes a
trans xu-tation improvement(s) that, upon comt~letion will accommodate
additional traffic generated by the pr~~posed development.
(2) The City
may choose to allow ail applicant to satisfy transportation concurrence
through t:he Proportionate Fair-Share Pro r~aniby contributing to an improvement
that, upon completion, will accommodate additional traffio generated b~ the
proposed. development but is not contained in the CIP where one of the.. following
apply:
a. The City adds the improvement to the five year CIP no later than the next
regula~~date. To qualify for consideration under this Section, the proposed
improvement must be reviewed b~he City ~n~ineer and must detei-~nined to
be financiallyfeasible.
b If the funds in the adopted City five-year CIP are insufficient to fully fund
conslYUCtion of a transportation improvement required by the concurrence
manaeement .system, the City may require a proportionate fair-share payment
for another improvement which will, in the opinion of the Cites si~zificantly
benefit the. impacted transportation system. The improvement or
impro,~ements funded by the proportionate fair-share coin~onent must be
adopted 'alto the five-year CIP of tl-ie con~rehensive plan at the next annual
capital. improvements element update
(3) Any improvement project proposed to n7eet the developer's fair-share obligation
must meet generally accepted design standards for the .State of :Florida and. the
C1ty.
D. Application Process
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(1) Upon noti#:ication of a :failure to satisf~~ransportation concurrency. applicants can
subnut a proposed proportionate fair-share calculation to the Ci Engineer for
review.
(2) Pursuant to ~].63:3180(16)(e), proposed proportionate fair-share mitigation. for
developm. ent impacts to facilities on the Strategic 111termodal System requires the.
concurrence of the Florida Department. o:f Transportation (FDOT).
(31 When a .proportionate fair-share calculation is deemed sufficient and el.i~ible, a
development order will be prepared between the City and the applicant. The
stipulations of the development order shall include but not be limited to the
aznowit of payment, description of work and ti~ning_of payment.
E. Determinin~.]'roportionate Fair-Share Obligation
(1) Proportionate fair-share mitigation for anicurrency impacts maXinclude, without
limitation,.. separately or collectively. private funds contributions of land, a~ld
construction and contribution of facilities.
(2) A development shall not be required to pay more than its proportionate, fair-share.
The fair rr~arket value of the pro op rt'ion~~te fair-share mitigation for the impacted
facilities shall not differ regardless of the: method of mi.ti a.
t„~ ion.
(3) The met:hodology used to calculate an applicant's proportionate fair-share
obligation shall be as provided for in. Chapter 163 3180 (12) F S. as follows:
Proportionate Share = E[[(Development Trips;) / ASV Increase;
x Cost;
Where:
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Development TTiUS; =Those trips .from the development that are assigned to
roadway segment i and have triggered a defieiency per the
concurrene_
n~a~zagement s.~s~ tern;
SV Increase; = Service volume increase provided by the el.i~ible
improvement to roadway se ig
Went i per Section E;
Cost; = Adjusted cost of the improvement to segment i. Cost shall
include all inipravements and associated costs, such as
design, right-of-wav acquisition. planning. en~iileerin~,
inspection, and physical development costs directly
associated wit17 construction at the anticipated cost in the
near it will be incurred.
(4) For the pL~oses of determining ro o:rtionate share obliyatioils the Ci shall
~p . p
determine improvement costs based. upon the actual cost of the improvement as
obtained from the Capital Improvements Program or another method approved by
the City l~nauleer.
(5) If the City has accepted right-of-~~ay dedication for all or a portion of the
proportionate fair-share pay111ent, credit for the dedication of the non-site related
right-of--way shall be valued on the date b~p.~ropriate City staff or at the option
of the applicant, by fair market value established by an independent appraisal
approved. by the City and at no expense to the City. 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 must
also pay the difference.
F Aupropriation of Fair-Share Revenues
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(1) Proportionate fair-share revenues shall be placed in the appropriate pro,ect
account i:or fiuidin~ of scheduled impro,aemen.ts in the City capital improvements
program._ 111 the event of a proportionate fair-share mitigation proposal for a
transportation facility under the jurisdictional authoritxof Seminole County or the
Florida Department of Transportation, appropriation of funds to cat~ital
improvements projects shall be coordinated with the ap~~ropriate jurisdiction.
(2) In the event a scheduled facility improvement is removed from the CIP, then. the
revenues collected for its construction nlay be applied toward the construction of
another improvement within that salve corridor that would mitigate the im acp is of
development pursuant to the requirements of Section C(2)(b).
G Matrix Sununary of Proportionate Fair-Share Program
The follo«~in~ matrix illustrates the Propori:ionate Fair-Share Program as established
by this section.
Transportation Fair-Shara Mitigation Program
City FDOT END
Concurrency identifies a formula is City RESULT:
Developer Developers
review to project in used to constructs
Development If yes, pays into contribute to
determine if current 5 calculate project
application mitigation is existing road a City
street level year CIP ttie according
submitted required improvement planned
of service is that meets developer's the 5 year
impacl:ed additional share in the program CIP program of
demand project systematic
improvements
SECTION 2: Al]~ Ordinances, or parts thereof in conflict herewith, be and the same are
hereby repealed.
SECTION 3: The provisions of this Ordinance are declared to be separable and if any
section, paragraph, sentence or word of this Ordinance or the application thereto any
person or circumstance is held invalid; that invalidity shall not effect other sections or
words or applications of this Ordinance.
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SECTI®N 4: Tlv's Ordinance shall take effect i:nnnediately upon its adoption.
FIRST READING ~~~oyev~ ~e~ 2047
SEC®ND READYING: (~px/P~'I ~ea-'. Zt~~Z.DO~ JJ
PASSED AND A.I)OPTED THIS 2b~-D.AY ®F pv b~ U" , 2006
_G
Jolm C. M t, A .ayor
ATTEST:
- .
~ _ ~
Sarah M. Mirus, CMC, City Clerlc
Approved as to fonii and legality for the use and reliance of the City of Longwood,
Florida only.
, ~ ~
Theresa Roper, Ac ing City A orney
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