Fort Walton Beach Ordinance — 1759 Proportionate Fair Share Program — reading text

READING 1st 2nd ORDINANCE 1759 AN ORDINANCE OF THE CITY COUNCIL OF FORT WALTON BEACH, FLORIDA, PROVIDING AUTHORITY; AMENDING CHAPTER 12.32, CONCURRENCY, VOLUME IV OF THE LAND DEVELOPMENT CODE OF THE CITY OF FORT WALTON BEACH, BY ADOPTING SECTION 32. 11, ENTITLED PROPORTIONATE FAIR 12.. SHARE MITIGATION; ADOPTING PROVISIONS FOR PURPOSE AND APPLICABILITY; ESTABLISHING GENERAL REQUIREMENTS FOR AN APPLICANT DEVELOPER TO SATISFY TRANSPORTATION CONCURRENCY REQUIREMENTS BY MAKING PROPORTIONATE FAIR SHARE CONTRIBUTION; PROVIDING FOR INTERGOVERNMENTAL COORDINATION; ESTABLISHING AN APPLICATION PROCESS AND METHOD FOR DETERMINING PROPORTIONATE FAIR SHARE OBLIGATIONS AND IMPACT FEE CREDITS FOR MITIGATION; AUTHORIZING PROPORTIONATE FAIR SHARE AGREEMENTS; PROVIDING FOR APPROPRIATION OF AND ACCOUNTING FOR FAIR SHARE REVENUES; PROVIDING FOR PROPORTIONATE FAIR SHARE ASSESSMENT IN TRANSPORTATION CONCURRENCY EXCEPTION AREAS, TRANSPORTATION CONCURRENCY MANAGEMENT AREAS, AND MULTlMODAL TRANSPORTATION DISTRICTS; PROVIDING FOR CROSS JURIDICTIONAL IMPACTS; PROVIDING FOR CONFLICTS AND SEVERABILITY; AND SETTING AN EFFECTIVE DATE. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WALTON BEACH, FLORIDA, THAT THE CODE OF ORDINANCES OF THE CITY OF FORT WALTON BEACH IS AMENDED AS FOLLOWS: Section 1. Authority The authority for enactment of this ordinance is contained in Chapter 166.021, and other provisions of the Florida StaMes and section 2 of the City Charter. Section 2.Proportionate Fair-Share Program Chapter 12. 32, Concurrency, of Volume IV, Land Development Code, is hereby amended to adopt section 12. 32. 11 Proportionate Fair Share Mitigation, as foHows: 12.32. 11 Proportionate Fair-8hare Proaram 1) Pumose. The ouroose of this section is to establish a method wherebY the imoacts of develoDment on transDortation facilities can be mitiaated bv the coooerative efforts of the DubHc and orivate sectors. to be known as the ProDortionate Fair-Share Proaram. as reauired bvand in a manner consistent with 163. 3180( 16). F. S. 2) Findinas. The City Council finds and determines transoortation C8Qacitv is a commodity that has a value to both the DubUc and Drivate sectors and the Prooortionate Fair-Share Proaram: 1  a. Provides a method by which the imDacts of develooment on transDortation facilities can be mitioated bY the cooDerative efforts of the Dublic and orivate sectors: b. Allows develoDers to Droceed under certain conditions. notwithstandina the failure of transDOrtation concurrency. by contributina their orooortionate fair-share of the cost of a transDOrtation facility: c. Contributes to the Drovision of adequate oublic facilities for Mure growth and oromotes a &trona commitment to comorehensive facilities olannina. thereby reducina the Dotentialfor unacceotable levels of traffic conaestion: d. Maximizes the use of Dublic funds for adeauate transDOrtation facilities to serve Mure arowth. and mav. in certain circumstances. allow the City to exoedite transoortation imDrovements by sUDDlementing funds currently allocated for transDortation imDrovements in the CaDital Imorovements Element. e. Is consistent with ~ 163. 3180( F. S.. and SUDDOrts the DOlicies 16)' set forth in Objective H. 4 and ooIicies H.4. 1 and H.4. 2 of the Caoital Improvement Element: Obiective 8. 1. 2 and oolicies 8. 1. 1. 4. 8. 1. 1. 5. 8. 1. 1. 6 of the Transoortation Element: and also Objective G." of the Interaovemmental Element. 3) Aoolicabilitv. The Prooortionate Fair Share Mitigation shall aoolv to all develoDments in the City that have been notified of a lack of caoacity to satisfy transoortation concurrency on a transoortation facility in the City. includina transoortation facilities maintained by FOOT or another iurisdiction that are relied uoon for concurrency determinations oursuant to the reauirements of the Land Develooment Code. The Prooortionate Fair Share Mitiaation does not aoolv to develooments of reaional imoact ( DRls) usina orooortionate fair-share under 163. 3180(12). F. S.. as amended. and develooments exemoted from concurrency as Drovided in section 12. 32. 02 of these reaulations and/ or section 163.3180. F. B. 4) General Reouirements. An aDDlicant mav choose to satisfy the transoortation concurrency reauirements of the City by makina a Drooortionate fair-share contribution if: 8. The orooosed deveIoDment is consistent with all other orovisions of the comprehensive Dlan and aoolicable land deveIooment reaulations: and the five- year schedule of caoital imorovements in the City Caoitallmorovement Element CIE) or the Iona-term schedule of caoital imorovements for an adooted Iona-term concurrency manaaement sYStem includes a transoortation imorovement that. 2 UDon comDIetion. satisfy the will reauirements of the City transoortation concurrency manaaement sYStem. b. If a proiect or Droiects needed to satisfy concurrency are not oresentlv contained within the local aovernment CIE or an adooted Iona-term schedule of caDital imorovements. the City may choose to allow an aooIicant to satisfy transoortation concurrency throooh the Prooortionate Fair-8hare Proaram by contributina to an imorovement that. uoon comoletion. wiD satisfy the reauirements of the City transoortation CMS. but is not contained in the five- vear schedule of caDital imorovements in the CIE or a Iena- term schedule of caoitaI imorovements for an adooted Iona-term CMS. if: 1. The City adoots. by resolution. a commitment to add the imDrovement to the five-vear schedule of caDital imorovements in the CIE or Iona-term schedule of caoital imorovements for an adooted lana- term CMS no later than the next reaularly scheduled uodate. 2. After review. the City determines that the Drooosed imDrovement is financially feasible Dursuant to ~ 163. 3180( 16)( b) 1. F. S.. consistent with the comDrehensive Dlan. and in comDliance with the Drovisiqns of this section. Financial feasibilitv for this subsection means that additional contributions. Davments or funding sources are reasonablv anticioated durina a Deriod not to exceed 10 years to fullY mitiaate imDacts on the transDOrtation facilities. 3. If the funds allocated for the five-vear schedule of caDital imDrovements in the City CIE are insufficient to fully fund construction of a transDOrtation imDrovement rsouired by the CMS. the City mav still enter into a bindino proDortionate fair-share aareement with the aODlicant authorizina construction of that amount of develooment on which the Drooortionate fair-share is calculated if the Droooftionate fair-share amount in such aareement is sufficient to Day for one or more imorovements which will. in the ooinion of the aovemmental entity or entities maintainina the transDOrtation facilities. sianificantlv benefit the imDacted transoortation system. The imDrovement or imorovements funded bv the orooortionate fair-share comoonent must be adooted into the five- year caDital improvements schedule of the comDrehensive Dlan or the lana-term schedule of caoital imDrovements for an adooted lana- term concurrency manaaement system at the next annual caD ita I imDrovements element uodate. oroiect Drooosed to meet the develooer's fair-share c) Any imorovement obliaation must meet desian standards of the City for Iocallv maintained roadwaYS within the municiDality. those of Okaloosa Countv for Countv maintained roadways and those of the FOOT for the state hiahwav sYStem. 3  5) Interaovemmental Coordination. Pursuant to ooIicies in the In_ Coordination Element of the City comorehensive oIan and aooIicabIe ooIicies in Okaloosa County. the City shall coordinate with affected iurisdictions. incIudina FOOT. reaardina mitioation to imDacted facilities not under the iurisdiction of the local aovemment receivino ~ aopIication for orooortionate fair-share mitiaation. An interlocal agreement may be established with other affected ~urisdictions for this ourp0s8. 6) Aoplication Process. Uoon notification of lack of caoacitv to satisfy a transoortation concurrencv. the aoolicant shaH also be notified in writina of the oooortunity to satisfy transoortation concurrency through the Prooortionate Fair- Share Proaram. B. Prior to submittina an aooIication for a orooortionate fair-share aareement. a Dre-aDDlication meetina shall be held to discuss eligibilitY. aODlication submittal reauirements. ootential mitiaation ootions. and related issues. If the imoacted facility is on the State Intermodal SYStem ( SIS). then the FOOT win be notified and invited to oartiqoate in the Dre- aooIication meetino. a. Eligible aDDlicants shall submit an aoolication to the City that includes an aoolication fee of $350.00. as amended in the City's fee schedule. and the followina: 1. Name. address. e- mail and Dhone number of owner( s). develoDer and aaent: 2. ProoertY location. includina Darcel identification numbefs: 3. L~ al descriDtion and survev of Drooertv: 4. Proiect descriDtion. includina tyDe. intensity and amount of develooment: 5. Phasina schedule. if aDDlicable: 6. DescriDtion of reauested DroDortionate fair-share mitiaation method( s): 7. Coov of concurrency denial. b. The Concurrency Administrator shall review the aDDlication and certify that the aDDlication is sufficient and comDlete within 15 business days. If an aoolication is determined to be insufficient. incomolete or inconsistent with the aeneral reauirements of the Prooortionate Fair-Share Prooram then the aDDlicant will be notified in writina of the reasons for such deficiencies within 30 business days of submittal of the aDDlication. If such deficiencies are not remedied bv the aDDlicant within 30 days of receiDt of the written notification. then the aDDlication will be deemed abandoned. The City may. in its discretion. arant an extension of time not to exceed 60 days to cure such deficiencies. Drovided that the aoolicant has shown aood cause for the extension and has taken reasonable steDs to effect a C. Pursuant to ~ 163. 3180( 16)( e}. F. S.. Droposed ~ ionate fair-share mitiaation for develooment imDacts to facilities on the SIS reauires the concurrency of the FOOT. The aDolicant shall submit evidence of an 4  aQreement between the aDDlicant and the FOOT for inclusion in the prooortionate fair-share aareement. d. When an aoDlication is deemed sufficient. comotete. and eligible. the aoolicant shall be advised in writina and a orooosed