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HomeMy WebLinkAbout2006 11 27 Public Hearing 200 Proportionate Share Mitigation Ord 2006-20 ITEM 200 Public Hearing X ____________/____________ November 27, 2006 Mgr./Dept. Regular Meeting REQUEST: The Community Development Department – Planning Division in cooperation with the City Attorney and City Engineer request that the City Commission hold a Public Hearing for Second Reading and Adoption of Ordinance 2006-20, establishing a methodology for assessing proportionate fair-share mitigation for transportation concurrency management, pursuant to the requirements of Section 163.3180 (16), Florida Statutes. _______________________________________________________________________________ PURPOSE: To comply with State requirements requiring the adoption of a process for mitigating the impacts of development on transportation facilities through the cooperative efforts of the public and private sectors. DISCUSSION: This ordinance establishes a methodology for assessing proportionate fair-share options and methodologies to calculate proportionate fair share mitigation. Under this process, development may proceed despite a lack of adequate capacity on the impacted transportation system, provided applicants contribute their fair-share toward satisfying concurrency for the transportation impacts of their development projects. A corresponding intent is to strengthen local capital improvements planning by tying these developer contributions more closely to the transportation planning and improvement process. APPLICABLE LAW AND PUBLIC POLICY Section 2 (b), Article VIII, of the State Constitution. (Fair Share Mitigation) Florida Statute 163.3180 (16) Florida Statute 166.041 Procedures for adoption of ordinances and resolutions. Winter Springs Charter Section 4.15 Ordinances in General. Winter Springs Code of Ordinances, Chapter 9. Winter Springs Comprehensive Plan. CHRONOLOGY: 2005 Growth Management Legislation enacted Senate Bill 360 Dec. 1, 2005- FDOT Model Ordinance developed Oct. 23, 2006- Public Noticing in Orlando Sentinel of LPA Public Hearing Nov. 1, 2006- LPA heard the request and made recommendation of Approval of Ordinance 2006-20 Nov. 2, 2006- Public Noticing in Orlando Sentinel of Adoption Public Hearing on Nov. 27, 2006 st Nov. 13, 2006- City Commission 1 Reading Public Hearing of Ordinance 2006-20 November 27, 2006 PUBLIC HEARING AGENDA ITEM 200 CONSIDERATIONS: Concurrency is a growth management concept intended to ensure that the necessary public facilities and services are available concurrent with the impacts of development. To carry out transportation concurrency, local governments must define what constitutes an adequate level of service (LOS) and measure whether the service needs of a new development outrun existing capacity and any scheduled improvements in the Capital Improvements Element (CIE). Concurrency is addressed in Article X of the City’s Code of Ordinances and the following areas of the City’s Comprehensive Plan: Future Land Use Element, Objective 1.3 Concurrency; Transportation Element, Objective 1.11 Concurrency Management System; Transportation Element, Objective 1.12 Roadway Network; and Capital Improvement Element, Objective 1.8, Concurrency Management. If adequate capacity is not available, the local government cannot permit development unless certain conditions apply as provided for in statute, such as “de minimis” exemptions for developments having only . minor impacts or concurrency exception areas to encourage infill and redevelopment The 2005 amendments to Florida’s growth management legislation directed local governments to enact concurrency management ordinances by December 1, 2006, to allow for “proportionate share” contributions from developers toward concurrency requirements (see §163.3180(16), F.S.). The legislation provides for a methodology by which developers may move forward with a development if a proportionate share mitigation is paid for transportation facilities: Specifically identified for funding in the 5-year schedule of capital improvements in the Capital Improvement Element of the local plan, or Identified in the long term concurrency management system, or If contributions or payments for such facilities or segments are reflected in a 5 year schedule of a capital improvement plan in the next regularly scheduled update of the local Capital Improvement Element. The proportionate fair-share requirements do not apply until a deficiency is identified through the local Concurrency Management System (CMS). Proportionate fair-share contributions are not the same as transportation impact fees. The primary difference is that the proportionate fair-share payment is intended as a means to address a specific transportation concurrency issue - a road segment or segments operating below the adopted level-of-service standard; whereas transportation impact fees are imposed on each new development to pay for that development’s impact on the entire transportation system. In order to ensure local government compliance with the new requirements, the legislature directed the Florida Dept. of Transportation (FDOT) to prepare a model ordinance for use by local governments. The attached Ordinance 2006-20 is based on the FDOT model and establishes conditions whereby developers may satisfy transportation concurrency requirements through proportionate fair-share contributions. Winter Springs still has the responsibility to review a development to ensure that it is consistent with the Comprehensive Plan or land development regulations. This review process will occur regardless of a development’s ability to meet concurrency through proportionate fair share. - 2 - November 27, 2006 PUBLIC HEARING AGENDA ITEM 200 FINDINGS: Adoption of the attached Ordinance 2006-20 providing for a Proportionate Fair-Share Program: Provides a method by which the impacts of development on transportation facilities can be mitigated by the cooperative efforts of the public and private sectors; Allows developers to proceed under certain conditions, notwithstanding the failure of transportation concurrency, by contributing their proportionate fair- share of the cost of a transportation facility; Contributes to the provision of adequate public facilities for future growth and promotes a strong commitment to comprehensive facilities planning, thereby reducing the potential for moratoria or unacceptable levels of traffic congestion; Maximizes the use of public funds for adequate transportation facilities to serve future growth, and may, in certain circumstances, allow Winter Springs to expedite transportation improvements by supplementing funds currently allocated for transportation improvements in the CIE; Is consistent with §163.3180(16), Florida Statutes; and Supports the Winter Springs Comprehensive Plan, specifically Transportation Element, Objective 1.11Concurrency Management System and Objective 1.2 Roadway Network; Capital Improvement Element, Objective 1.8, Concurrency Management; and Future Land Use Element, Objective 1.3 Concurrency. P&Z / LOCAL PLANNING AGENCY RECOMMENDATION: Based on the Findings enumerated above, the P&Z/LPA held a Public Hearing, considered the request, and recommended Approval of Ordinance 2006-20. STAFF RECOMMENDATION: Staff recommends that the City Commission hold a Public Hearing for Second Reading and Adoption of Ordinance 2006-20, adopting a proportionate fair share mitigation program related to transportation facility impacts pursuant to the requirements of Section 163.3180 (16), Florida Statutes. IMPLEMENTATION SCHEDULE: Nov. 2, 2006- Public Noticing in Orlando Sentinel of Adoption Public Hearing on Nov. 27, 2006 nd Nov. 27, 2006- 2 Reading/Adoption Public Hearing ATTACHMENTS : A.Draft Planning & Zoning/Local Planning Agency Minutes from Nov. 1, 2006 B.Noticing C.Ordinance 2006-20 CITY COMMISSION ACTION: - 3 - CITY OF WINTER SPRINGS, FLORIDA UNAPPROVED MINUTES PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY REGULAR MEETING NOVEMBER 1, 2006 PUBLIC HEARINGS AGENDA PUBLIC HEARINGS 200. Community Development Department – Planning Division In Cooperation With The City Attorney And City Engineer Request That The Planning And Zoning Board/Local Planning Agency Hold A Public Hearing For Ordinance 2006-20, Establishing A Methodology For Assessing Proportionate Fair-Share Mitigation For Transportation Concurrency Management, Pursuant To The Requirements Of Section 163.3180. (16), Florida Statutes. Mr. Randy Stevenson, ASLA, Director, Community Development Department spoke on this Agenda Item and said, “Staff, therefore, recommends that the P & Z (Planning and Zoning Board) and the LPA (Local Planning Agency) hold a Public Hearing and recommend adoption to the City Commission related to Ordinance 2006-20, adopting a proportionate Fair-Share Mitigation program related to Transportation facility impact pursuant to the requirements of Chapter (Section) 163., Florida Statutes. Mr. Brian Fields, P.E., City Engineer, Public Works Department spoke on this Agenda Item. Discussion. Chairperson Karr opened the “Public Input” portion of the Agenda Item. No one spoke. Chairperson Karr closed the “Public Input” portion of the Agenda Item. I WOULD LIKE TO MAKE THE MOTION TO APPROVE THE ITEM AS “ PRESENTED ON THE AGENDA AND RECOMMENDED BY STAFF AS IS PRESENTED.” MOTION BY ADVISORY BOARD MEMBER POE. SECONDED BY ADVISORY BOARD MEMBER BROWN. DISCUSSION. VOTE: BOARD MEMBER RYSER: AYE VICE CHAIRPERSON TILLIS: AYE BOARD MEMBER POE: AYE BOARD MEMBER BROWN: AYE CHAIRPERSON KARR: AYE MOTION CARRIED. Legal Notice October 21, 2006 legal notices ORDINANCE NO. 2006-20 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA, ADOPTING A PROPORTIONATE FAIR SHARE MITIGATION PROGRAM RELATED TO TRANSPORTATION FACILITY IMPACTS PURSUANT TO THE REQUIREMENTS OF SECTION 163.3180(16), FLORIDA STATUTES; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS, INCORPORATION INTO THE CODE, SEVERABILITY, AND AN EFFECTIVE DATE. WHEREAS , the City is granted the authority, under Section 2(b), Article VIII, of the State Constitution, to exercise any power for municipal purposes, except when expressly prohibited by law; and WHEREAS , the Florida Legislature adopted Chapter Law 2005-290, Laws of Florida, amending section 163.3180, Florida Statutes, to require all local governments to adopt by ordinance a methodology for assessing proportionate fair-share mitigation options related to impacts to the City?s transportation facilities caused by development by December 1, 2006; and WHEREAS , the City Commission of the City of Winter Springs finds and determines that transportation capacity is a commodity that has a value to both the public and private sectors; and WHEREAS, a proportionate fair-share mitigation program provides a method by which the impacts of development on transportation facilities can be mitigated by the cooperative efforts of the public and private sectors; and WHEREAS, a proportionate fair-share mitigation program would allow developers to proceed under certain conditions, notwithstanding the failure of transportation concurrency, by contributing their proportionate fair-share of the cost of a transportation facility; and WHEREAS, such program would contribute to the provision of adequate public facilities for future growth and promote a strong commitment to comprehensive facilities planning, thereby reducing the potential for moratoria or unacceptable levels of traffic congestion; and WHEREAS, a proportionate fair-share mitigation program would maximize the use of public funds for adequate transportation facilities to serve future growth, and may, in certain circumstances, allow the City to expedite transportation improvements by supplementing funds currently allocated for transportation improvements in the Capital Improvements Element of the Winter Springs Comprehensive Plan; and WHEREAS, the City Commission finds this ordinance to be consistent with section 163.3180(16), Florida Statutes,and the City?s Comprehensive Plan; and City of Winter Springs Ordinance No. 2006-20 Page 1 of 12 WHEREAS, the City Commission of the City of Winter Springs, Florida, hereby finds this Ordinance to be in the best interests of the public health, safety, and welfare of the citizens of Winter Springs. BE IT ORDAINED by the City Commission of the City of Winter Springs, Seminole County, Florida, as follows: Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by this reference as legislative findings and the intent and purpose of the City Commission of the City of Winter Springs. Section 2.Code Amendment. Chapter 9, Land Development, of the Code of Ordinances, City of Winter Springs, Florida, is hereby amended as follows (underlined type indicates additions and * * * strikeout type indicates deletions, while asterisks () indicate a deletion from this Ordinance of text existing in Chapter 9. It is intended that the text in Chapter 9 denoted by the asterisks and set forth in this Ordinance shall remain unchanged from the language existing prior to adoption of this Ordinance): CHAPTER 9. LAND DEVELOPMENT * * * ARTICLE X. CONCURRENCY ADMINISTRATION AND EVALUATION PROCEDURE * * * DIVISION 1. OVERVIEW AND EXEMPTIONS * * * Sec. 9-501. Definitions. The following words and phrases used in this article shall have the meanings ascribed below unless the context clearly indicates otherwise: * * * Financial feasibility means that sufficient revenues are currently available or will be available from committed funding sources for the first 3 years, or will be available from committed or planned funding sources for years 4 and 5, of the City?s 5-year capital improvement program (CIP) for financing capital improvements, such as ad valorem taxes, bonds, state and federal funds, tax revenues, impact fees, and developer contributions, which are adequate to fund the projected costs of the capital improvements identified in the comprehensive plan necessary to ensure that adopted City of Winter Springs Ordinance No. 2006-20 Page 2 of 12 level-of-service standards are achieved and maintained within the period covered by the 5-year CIP. * * * Proportionate Fair Share means the method by which the impacts of development on transportation can be mitigated by the cooperative efforts of the public and private sectors. The intent of the proportionate fair-share contributions is to provide applicants for development an opportunity to proceed under certain conditions, notwithstanding the failure of transportation concurrency, by contributing their share of the cost of improving the impacted transportation facility. Proportionate fair share is a pay-and-go method that does not require immediate resolution of the level of service deficiency, but transportation projects mitigating the LOS deficiencies on these facilities must still be programmed for improvement in the City?s 5-year capital improvement program. * * * DIVISION 5. TRANSPORTATION FACILITY PROPORTIONATE FAIR-SHARE MITIGATION PROGRAM Sec. 9-561. Purpose and intent. The purpose of this ordinance 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 the manner consistent with section 163.3180(16), Florida Statutes. Sec. 9-562. Applicability. The Proportionate Fair-Share Program shall apply to all developments in the City that have been notified of a lack of capacity to satisfy transportation concurrency on a transportation facility in the City?s Concurrency Management System (?CMS?), including transportation facilities maintained by FDOT or another jurisdiction that are relied upon for concurrency determinations, pursuant to the requirements of section 9-563. The Proportionate Fair-Share Program does not apply to developments of regional impact (DRIs) using proportionate fair-share under section 163.3180(12), Florida Statutes, or to developments that may be exempted from concurrency as provided in the City Code, Comprehensive Plan or any other applicable law. Sec. 9-563. General requirements. (a) An applicant may choose to satisfy the transportation concurrency requirements of the City by making a proportionate fair-share contribution, pursuant to the following requirements: (1) The proposed development is consistent with the comprehensive plan and City of Winter Springs Ordinance No. 2006-20 Page 3 of 12 applicable land development regulations. (2) The City five-year Capital Improvement Program (CIP) includes transportation improvement(s) that, upon completion, will accommodate additional traffic generated by the proposed development, as determined by the City. (b) The City may choose to allow an applicant to satisfy transportation concurrency through the Proportionate Fair-Share Program by contributing to an improvement that, upon completion, will satisfy the requirements of the City transportation CMS, but is not contained in the CIP, where one of the following apply: (1) The City adopts, by resolution or ordinance, a commitment to add the improvement to the five-year CIP no later than the next regularly scheduled update. To qualify for consideration under this section, the proposed improvement must be reviewed by the City and determined to be financially feasible pursuant to section 163.3180(16)(b)1, Florida Statutes, consistent with the comprehensive plan, and in compliance with the provisions of this ordinance. Financial feasibility for this section means that additional contributions, payments or funding sources are reasonably anticipated during a period not to exceed 10 years to fully mitigate impacts on the transportation facilities. (2) If the funds allocated for the five-year CIP are insufficient to fully fund construction of a transportation improvement required by the CMS, the City may still enter into a binding proportionate fair-share agreement with the applicant authorizing construction of that amount of development on which the proportionate fair-share is calculated if the proportionate fair-share amount in such agreement is sufficient to pay for one or more improvements which will, in the opinion of the governmental entity or entities maintaining the transportation facilities, significantly benefit the impacted transportation system. The improvement or improvements funded by the proportionate fair-share component must be adopted into the five-year CIP at the next annual update. (3) Any improvement project proposed to meet the developer?s fair-share obligation must meet design standards of the City for locally maintained roadways and those of the FDOT for the state highway system. Sec. 9-564. Intergovernmental coordination. Pursuant to policies in the Intergovernmental Coordination Element of the City?s comprehensive plan and applicable policies of other agencies, municipalities, and counties, the City shall coordinate with affected jurisdictions, including 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 City of Winter Springs Ordinance No. 2006-20 Page 4 of 12 jurisdictions for this purpose. Sec. 9-565. Application process. (a) Upon notification of a lack of capacity to satisfy transportation concurrency, the applicant shall also be notified in writing of the opportunity to satisfy transportation concurrency through the Proportionate Fair-Share Program pursuant to the requirements of section 9-563. (b) Prior to submitting an application for a proportionate fair-share agreement, a pre- application meeting shall be held to discuss eligibility, application submittal requirements, potential mitigation options, and related issues. If the impacted facility is on the Strategic Intermodal System, then the FDOT will be notified and invited to participate in the pre- application meeting. (c) Eligible applicants shall submit an application to the City that includes an application fee as established by Resolution of the City Commission and which includes the following: (1) Name, address and phone number of property owner(s), developer and agent; (2) Property location, including parcel identification numbers; (3) Legal description and survey of property; (4) Project description, including type, intensity and amount of development; (5) Phasing schedule, if applicable; (6) Description of requested proportionate fair-share mitigation method(s); and (7) Copy of concurrency application. (d) The City shall review the application and certify that the application is sufficient and complete within 10 business 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 section 9-563 then the applicant will be notified in writing of the reasons for such deficiencies within 10 business days of submittal of the application. If such deficiencies are not remedied by the applicant within 30 days of receipt of the written notification, then the application will be deemed abandoned. The City Commission may, in its discretion, grant an extension of time not to exceed 60 days to cure such deficiencies, provided that the applicant has shown good cause for the extension and has taken reasonable steps to effect a cure. (e) Pursuant to section 163.3180(16)(e), Florida Statutes, proposed proportionate fair- City of Winter Springs Ordinance No. 2006-20 Page 5 of 12 share mitigation for development impacts to facilities on the Strategic Intermodal System 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. (f) 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 City or the applicant with direction from the City and delivered to the appropriate parties for review, including a copy to the FDOT for any proposed proportionate fair-share mitigation on a Strategic Intermodal System facility, no later than 60 days from the date at which the applicant received the notification of a sufficient application and no fewer than 14 days prior to the City Commission meeting when the agreement will be considered. (g) The City shall notify the applicant regarding the date of the Commission meeting when the agreement will be considered for final approval. No proportionate fair-share agreement will be effective until approved by the City Commission. Sec. 9-566. Determining proportionate fair-share obligation. (a) Proportionate fair-share mitigation for concurrency impacts may include, without limitation, separately or collectively, private funds, contributions of land and/or construction and contribution of facilities. (b) A development 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. (c) The methodology used to calculate an applicant?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 S Proportionate Fair-Share = [(Development Trips) / (SV Increase)] x Cost] iii Where: Development Trips = Those trips from the stage or phase of development under review that are assigned to roadway segment ?i? and have triggered a deficiency per the CMS; City of Winter Springs Ordinance No. 2006-20 Page 6 of 12 SV Increase = Service volume increase provided by the eligible improvement to roadway segment ?i? per section E; 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, inspection, and physical development costs directly associated with construction at the anticipated cost in the year it will be incurred. (d) For the purposes of determining proportionate fair-share obligations, the City shall determine improvement costs based upon the projected future cost of the improvement as obtained from the Capital Improvements Program, the MPO/TIP or the FDOT Work Program. Where such information is not available, improvement cost shall be determined using one of the following methods: (1) An analysis by the City of costs by cross section type that incorporates data from recent projects and is updated annually and approved by the City Commission. In order to accommodate increases in construction material costs, project costs shall be adjusted to address inflation; or (2) The most recent issue of FDOT Transportation Costs, as adjusted based upon the type of cross-section (urban or rural); locally available data from recent projects on acquisition, drainage and utility costs; and significant changes in the cost of materials due to unforeseeable events. Cost estimates for state road improvements not included in the adopted FDOT Work Program shall be determined using this method in coordination with the FDOT District. (e)If the City has accepted an improvement project proposed by the applicant, then the value of the improvement shall be determined using one of the methods provided in this section. (f) If the City has accepted right-of-way dedication for all or a portion of the proportionate fair-share payment, credit for the dedication of the non-site related right-of-way shall be valued 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 signed and sealed survey 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 or provide mitigation of the difference. Sec. 9-567. Impact fee credit for proportionate fair-share mitigation. (a) Proportionate fair-share contributions shall be applied as a credit against 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 City?s impact fee City of Winter Springs Ordinance No. 2006-20 Page 7 of 12 regulations as set forth in Article VIII of Chapter 9 of the City Code (?impact fee regulations?). (b) 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 per the City?s impact fee regulations. If the applicant?s proportionate fair-share obligation is less than the development?s anticipated road impact fee for the specific stage or phase of development under review, then the applicant or its successor must pay the remaining impact fee amount to the City pursuant to the requirements of the impact fee regulations. (c) Major projects not included within the impact fee regulations or created under section 9-563(b)(1) and (2) which can demonstrate a significant benefit to the impacted transportation system may be eligible at the City?s discretion for impact fee credits. (d) The proportionate fair-share obligation is intended to mitigate the transportation impacts of a proposed development at a specific location. As a result, any road impact fee credit based upon proportionate fair-share contributions for a proposed development cannot be transferred to any other location. Sec. 9-568. Proportionate fair-share agreements. (a) Upon execution of a proportionate fair-share agreement (Agreement) the applicant shall receive a City certificate of concurrency approval. Should the applicant fail to apply for a development permit within twelve (12) months then the Agreement shall be considered null and void, and the applicant shall be required to reapply. (b) Payment of the proportionate fair-share contribution is due in full prior to issuance of the final development order or recording of the final plat and shall be non-refundable. If the payment is submitted more than twelve (12) months from the date of execution of the Agreement, then the proportionate fair-share cost shall be recalculated at the time of payment based on the best estimate of the construction cost of the required improvement at the time of payment, pursuant to section 9-566 and adjusted accordingly. (c) All developer improvements authorized under this article must be completed prior to issuance of a development permit, or as otherwise established in a binding agreement that is accompanied by a security instrument that is sufficient to ensure the completion of all required improvements. It is the intent of this section that any required improvements be completed before issuance of building permits or certificates of occupancy. (d) Dedication of necessary right-of-way for facility improvements pursuant to a proportionate fair-share agreement must be completed prior to issuance of the final development order or recording of the final plat. City of Winter Springs Ordinance No. 2006-20 Page 8 of 12 (e) Any requested change to a development project 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. (f) 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 to the City will be non refundable. (g) 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. Sec. 9-569. Appropriation of fair-share revenues. (a) Proportionate fair-share revenues shall be placed in the appropriate project account for funding of scheduled improvements in the City?s CIP, or as otherwise established in the terms of the proportionate fair-share agreement. At the discretion of the City Commission, proportionate fair-share revenues may be used for operational improvements prior to construction of the capacity project from which the proportionate fair-share revenues were derived. Proportionate fair-share revenues may also be used as the 50% local match for funding under the FDOT TRIP. (b) In the event a scheduled facility improvement is removed from the CIP, then the revenues collected for its construction may be applied toward the construction of another improvement within that same corridor or sector that would mitigate the impacts of development pursuant to the requirements of section 9-563(b)(2). Where an impacted regional facility has been designated as a regionally significant transportation facility in an adopted regional transportation plan as provided in section 339.155, Florida Statutes, then the City may coordinate with other impacted jurisdictions and agencies to apply proportionate fair-share contributions and public contributions to seek funding for improving the impacted regional facility under the FDOT TRIP. Such coordination shall be ratified by the City Commission through an interlocal agreement that establishes a procedure for earmarking of the developer contributions for this purpose. (c) Where an applicant constructs a transportation facility that exceeds the applicant?s proportionate fair-share obligation calculated under section 9-566, the City shall reimburse the applicant for the excess contribution using one or more of the following methods: (1) An impact fee credit account may be established for the applicant in the amount of the excess contribution, a portion or all of which may be assigned and reassigned under the terms and conditions acceptable to the City. (2) An account may be established for the applicant for the purpose of City of Winter Springs Ordinance No. 2006-20 Page 9 of 12 reimbursing the applicant for the excess contribution with proportionate fair-share payments from future applicants on the facility. (3) The City may compensate the applicant for the excess contribution through payment or some combination of means acceptable to the City and the applicant. Sec. 9-570. Cross jurisdictional impacts. (a) In the interest of intergovernmental coordination and to reflect the shared responsibilities for managing development and concurrency, the City may enter an agreement with one or more adjacent local governments to address cross jurisdictional impacts of development on regional transportation facilities. The agreement shall provide for application of the methodology in this section to address the cross jurisdictional transportation impacts of development. (b) A development application submitted to the City subject to a transportation concurrency determination meeting all of the following criteria shall be subject to this section: (1) All or part of the proposed development is located within one (1) mile of the area which is under the jurisdiction, for transportation concurrency, of an adjacent local government; and (2) Using its own concurrency analysis procedures, the City concludes that the additional traffic from the proposed development would use five percent (5%) or more of the adopted peak hour LOS maximum service volume of a regional transportation facility within the concurrency jurisdiction of the adjacent local government (?impacted regional facility?); and (3) The impacted regional facility is projected to be operating below the level of service standard, adopted by the adjacent local government, when the traffic from the proposed development is included. (c) Upon identification of an impacted regional facility pursuant to subsection (b)(1)-(3) of this section, the City shall notify the applicant and the affected adjacent local government in writing of the opportunity to derive an additional proportionate fair-share contribution, based on the projected impacts of the proposed development on the impacted adjacent facility. (1) The adjacent local government shall have up to ninety (90) days in which to notify the City of a proposed specific proportionate fair-share obligation, and the intended use of the funds when received. The adjacent local government must provide reasonable justification that both the amount of the payment and its intended use comply with the requirements of section 163.3180(16), Florida Statutes. Should City of Winter Springs Ordinance No. 2006-20 Page 10 of 12 the adjacent local government decline proportionate fair-share mitigation under this section, then the provisions of this section would not apply and the applicant would be subject only to the proportionate fair share requirements of the City. (2) If the subject application is subsequently approved by the City, the approval shall include a condition that the applicant provides, prior to the issuance of any building permit covered by that application, evidence that the proportionate fair-share obligation to the adjacent local government has been satisfied. The City may require the adjacent local government to declare, in a resolution, ordinance, or equivalent document, its intent for the use of the concurrency funds to be paid by the applicant. Section 3 Repeal of Prior Inconsistent Ordinances and Resolutions .. All prior inconsistent ordinances and resolutions adopted by the City Commission, or parts of prior ordinances and resolutions in conflict herewith, are hereby repealed to the extent of the conflict. Section 4. Incorporation Into Code. This Ordinance shall be incorporated into the Winter Springs City Code and any section or paragraph, number or letter, and any heading may be changed or modified as necessary to effectuate the foregoing. Grammatical, typographical, and like errors may be corrected and additions, alterations, and omissions, not affecting the construction or meaning of this ordinance and the City Code may be freely made. Section 5 Severability. .If any section, subsection, sentence, clause, phrase, word or provision of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, whether for substantive, procedural, or any other reason, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions of this Ordinance. Section 6 Effective Date .. This Ordinance shall become effective immediately upon adoption by the City Commission of the City of Winter Springs, Florida, and pursuant to City Charter. ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular meeting assembled on the _____ day of _______________, 2006. ____________________________________ JOHN F. BUSH, Mayor City of Winter Springs Ordinance No. 2006-20 Page 11 of 12 ATTEST: ______________________________________ ANDREA LORENZO-LUACES, City Clerk Approved as to legal form and sufficiency for the City of Winter Springs only: _______________________________________ ANTHONY A. GARGANESE, City Attorney First Reading: ___________ Second Reading: ___________ Effective Date: ___________ City of Winter Springs Ordinance No. 2006-20 Page 12 of 12 ORDINANCE NO. 2006-20 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA, ADOPTING A PROPORTIONATE FAIR SHARE MITIGATION PROGRAM RELATED TO TRANSPORTATION FACILITY IMPACTS PURSUANT TO THE REQUIREMENTS OF SECTION 163.3180(16), FLORIDA STATUTES; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS, INCORPORATION INTO THE CODE, SEVERABILITY, AND AN EFFECTIVE DATE. WHEREAS, the City is granted the authority, under Section 2(b), Article VIII, of the State Constitution, to exercise any power for municipal purposes, except when expressly prohibited by law; and WHEREAS, the Florida Legislature adopted Chapter Law 2005-290, Laws of Florida, amending section 163.3180, Florida Statutes, to require all local governments to adopt by ordinance a methodology for assessing proportionate fair-share mitigation options related to impacts to the City's transportation facilities caused by development by December 1,2006; and WHEREAS, the City Commission of the City of Winter Springs finds and determines that transportation capacity is a commodity that has a value to both the public and private sectors; and WHEREAS, a proportionate fair-share mitigation program provides a method by which the impacts of development on transportation facilities can be mitigated by the cooperative efforts of the public and private sectors; and WHEREAS, a proportionate fair-share mitigation program would allow developers to proceed under certain conditions, notwithstanding the failure of transportation concurrency, by contributing their proportionate fair-share of the cost of a transportation facility; and WHEREAS, such program would contribute to the provision of adequate public facilities for future growth and promote a strong commitment to comprehensive facilities planning, thereby reducing the potential for moratoria or unacceptable levels of traffic congestion; and WHEREAS, a proportionate fair-share mitigation program would maximize the use of public funds for adequate transportation facilities to serve future growth, and may, in certain circumstances, allow the City to expedite transportation improvements by supplementing funds currently allocated for transportation improvements in the Capital Improvements Element of the Winter Springs Comprehensive Plan; and WHEREAS, the City Commission finds this ordinance to be consistent with section 163.3180(16), Florida Statutes, and the City's Comprehensive Plan; and City of Winter Springs Ordinance No. 2006-20 Page 1 of 12 WHEREAS, the City Commission of the City of Winter Springs, Florida, hereby finds this Ordinance to be in the best interests of the public health, safety, and welfare of the citizens of Winter Springs. BE IT ORDAINED by the City Commission of the City of Winter Springs, Seminole County, Florida, as follows: Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by this reference as legislative findings and the intent and purpose of the City Commission of the City of Winter Springs. Section 2. Code Amendment. Chapter 9, Land Development, of the Code of Ordinances, City of Winter Springs, Florida, is hereby amended as follows (underlined type indicates additions and sbikc.out type indicates deletions, while asterisks (* * *) indicate a deletion from this Ordinance of text existing in Chapter 9. It is intended that the text in Chapter 9 denoted by the asterisks and set forth in this Ordinance shall remain unchanged from the language existing prior to adoption of this Ordinance): CHAPTER 9. LAND DEVELOPMENT *** ARTICLE X. CONCURRENCY ADMINISTRATION AND EVALUATION PROCEDURE *** DIVISION 1. OVERVIEW AND EXEMPTIONS *** Sec. 9-501. Definitions. The following words and phrases used in this article shall have the meanings ascribed below unless the context clearly indicates otherwise: *** Financial feasibility means that sufficient revenues are currently available or will be available from committed funding sources for the first 3 years. or will be available from committed or planned funding sources for years 4 and 5. of the City's 5-year capital improvement program (CIP) for financing capital improvements. such as ad valorem taxes. bonds. state and federal funds. tax revenues. impact fees. and developer contributions. which are adequate to fund the projected costs of the capital improvements identified in the comprehensive plan necessary to ensure that adopted City of Winter Springs Ordinance No. 2006-20 Page 2 of 12 level-of-service standards are achieved and maintained within the period covered by the 5-year CIP. *** Proportionate Fair Share means the method by which the impacts of development on transportation can be mitigated by the cooperative efforts of the public and private sectors. The intent of the proportionate fair-share contributions is to provide applicants for development an opportunity to proceed under certain conditions. notwithstanding the failure of transportation concurrency. by contributing their share of the cost of improving the impacted transportation facility. Proportionate fair share is a pay-and-go method that does not require immediate resolution of the level of service deficiency. but transportation proiects mitigating the LOS deficiencies on these facilities must still be programmed for improvement in the City's 5-year capital improvement program. *** DIVISION 5. TRANSPORTATION FACILITY PROPORTIONATE FAIR-SHARE MITIGATION PROGRAM Sec. 9-561. Purpose and intent. The purpose of this ordinance 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 the manner consistent with section 163 .3180( 16). Florida Statutes. Sec. 9-562. Applicability. The Proportionate Fair-Share Program shall apply to all developments in the City that have been notified of a lack of capacity to satisfy transportation concurrency on a transportation facility in the City's Concurrency Management System ("CMS"). including transportation facilities maintained by FDOT or another iurisdiction that are relied upon for concurrency determinations. pursuant to the requirements of section 9-563. The Proportionate Fair-Share Prol!I'am does not applv to developments of regional impact (DRIs) using proportionate fair-share under section 163.3180(12). Florida Statutes. or to developments that may be exempted from concurrency as provided in the City Code. Comprehensive Plan or any other applicable law. Sec. 9-563. General requirements. .ell An applicant may choose to satisfy the transportation concurrency requirements of the City by making a proportionate fair-share contribution. pursuant to the following requirements: ill The proposed development is consistent with the comprehensive plan and City of Winter Springs Ordinance No. 2006-20 Page 3 of 12 applicable land development regulations. m The City five-year Capital Improvement Program (CIP) includes transportation improvement(s) that. upon completion. will accommodate additional traffic generated by the proposed development. as determined by the City. .au.. The City may choose to allow an applicant to satisfy transportation concurrency through the Proportionate Fair-Share Program by contributing to an improvement that. upon completion. will satisfy the requirements of the City transportation CMS. but is not contained in the CIP. where one of the following apply: Ol The City adopts. by resolution or ordinance. a commitment to add the improvement to the five-year CIP no later than the next regularly scheduled update. To qualify for consideration under this section. the proposed improvement must be reviewed by the City and determined to be financially feasible pursuant to section 163 .3180( 16)(b) 1. Florida Statutes. consistent with the comprehensive plan. and in compliance with the provisions of this ordinance. Financial feasibility for this section means that additional contributions. payments or funding sources are reasonably anticipated during a period not to exceed 10 years to fully mitigate impacts on the transportation facilities. m If the funds allocated for the five-year CIP are insufficient to fully fund construction of a transportation improvement required by the CMS. the City mav still enter into a binding proportionate fair-share agreement with the ap,plicant authorizing construction of that amount of development on which the proportionate fair-share is calculated if the proportionate fair-share amount in such agreement is sufficient to pay for one or more improvements which will. in the opinion of the governmental entity or entities maintaining the transportation facilities. significantly benefit the impacted transportation system. The improvement or improvements funded by the proportionate fair-share component must be adopted into the five-year CIP at the next annual update. m Any improvement project proposed to meet the developer's fair-share obligation must meet design standards of the City for locallv maintained roadways and those of the FDOT for the state highway system. Sec. 9-564. Inter~overnmental coordination. Pursuant to policies in the Intergovernmental Coordination Element of the City's comprehensive plan and applicable policies of other agencies. municipalities. and counties. the City shall coordinate with affected jurisdictions. including FDOT. regarding mitigation to impacted facilities not under the jurisdiction of the local government receiving the ap,plication for proportionate fair-share mitigation. An interlocal agreement may be established with other affected City of Winter Springs Ordinance No. 2006-20 Page 4 of 12 iurisdictions for this purpose. Sec. 9-565. Application process. Wl Upon notification of a lack of capacity to satisfy transportation concurrency. the applicant shall also be notified in writing of the opportunity to satisfy transportation concurrency through the Proportionate Fair-Share Program pursuant to the requirements of section 9-563. (QL Prior to submitting an application for a proportionate fair-share agreement. a pre- application meeting shall be held to discuss eligibility. ap!>lication submittal requirements. potential mitigation options. and related issues. If the impacted facility is on the Strategic Intermodal System. then the FDOT will be notified and invited to participate in the pre- application meeting. @ Eligible ap!>licants shall submit an application to the City that includes an application fee as established by Resolution of the City Commission and which includes the following: ill Name. address and phone number of property owner(s). developer and agent m Property location. including parcel identification numbers~ Ql Legal description and survey of property~ ffi Proiect description. including type. intensity and amount of development .ca Phasing schedule. if applicable~ @. Description of requested proportionate fair-share mitigation method(s)~ and ffi Copy of concurrency application. llU.. The City shall review the application and certify that the application is sufficient and complete within 10 business days. If an ap!>lication is determined to be insufficient. incomplete or inconsistent with the general requirements of the Proportionate Fair-Share Program as indicated in section 9-563 then the applicant will be notified in writing of the reasons for such deficiencies within 10 business days of submittal of the ap!>lication. If such deficiencies are not remedied by the ap!>licant within 30 days of receipt of the written notification. then the application will be deemed abandoned. The City Commission may. in its discretion. grant an extension of time not to exceed 60 days to cure such deficiencies. provided that the applicant has shown good cause for the extension and has taken reasonable steps to effect a cure. ~ Pursuant to section 163 .3180( 16)( e). Florida Statutes. proposed proportionate fair- City of Winter Springs Ordinance No. 2006-20 Page 5 of 12 share mitigation for development impacts to facilities on the Strategic Intermodal System requires the concurrency of the FDOT. The ap,plicant shall submit evidence of an agreement between the applicant and the FDOT for inclusion in the proportionate fair-share agreement. (fl 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 bv the City or the applicant with direction from the City and delivered to the appropriate parties for review. including a copy to the FDOT for any proposed proportionate fair-share mitigation on a Strategic Intermodal System facility. no later than 60 days from the date at which the applicant received the notification of a sufficient ap,plication and no fewer than 14 days prior to the City Commission meeting when the agreement will be considered. (gl The City shall notify the applicant regarding the date of the Commission meeting when the agreement will be considered for final approval. No proportionate fair-share agreement will be effective until approved by the City Commission. Sec. 9-566. Determinine proportionate fair-share oblieation. ~ Proportionate fair-share mitigation for concurrency impacts may include. without limitation. separately or collectively. private funds. contributions ofland and/or construction and contribution of facilities. Qll. A development 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. @ The methodology used to calculate an ap,plicant'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 = L[(Development Tripsj) / (SV Increasej)] x CostJ 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 the CMS~ City of Winter Springs Ordinance No. 2006-20 Page 6 of 12 SV Increasej = Service volume increase provided by the eligible improvement to roadway segment "i" per section E: Costj = Adiusted cost of the improvement to segment "i". Cost shall include all improvements and associated costs. such as design. right-of-way acquisition. planning. engineering. inspection. and physical development costs directly associated with construction at the anticipated cost in the year it will be incurred. llQ For the Pw:Poses of determining proportionate fair-share obligations. the City shall determine improvement costs based upon the proiected future cost of the improvement as obtained from the Capital Improvements Program. the MPO/TIP or the FDOT Work Program. Where such information is not available. improvement cost shall be determined using one of the following methods: Ol An analysis by the City of costs by cross section type that inco11>orates data from recent proiects and is updated annually and approved by the City Commission. In order to accommodate increases in construction material costs. proiect costs shall be adiusted to address inflation: or ID The most recent issue ofFDOT Transoortation Costs. as adiusted based upon the type of cross-section (urban or rural): locally available data from recent proiects on acquisition. drainage and utility costs: and significant changes in the cost of materials due to unforeseeable events. Cost estimates for state road improvements not included in the adopted FDOT Work Program shall be determined using this method in coordination with the FDOT District. Uti If the City has accepted an improvement project proposed by the applicant. then the value of the improvement shall be determined using one of the methods provided in this section. (Q If the City has accepted right-of-way dedication for all or a portion of the proportionate fair-share payment. credit for the dedication of the non-site related right-of-way shall be valued by fair market value established by an independent appraisal approved by the City and at no expense to the City. The applicant shall supJ>ly a signed and sealed survey 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 payor provide mitigation of the difference. Sec. 9-567. Impact fee credit for proportionate fair-share miti~ation. 1& Proportionate fair-share contributions shall be applied as a credit against 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 City's impact fee City of Winter Springs Ordinance No. 2006-20 Page 7 of 12 regulations as set forth in Article VIII of Chapter 9 of the City Code ("impact fee regulations"). Qll. 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 per the City's impact fee regulations. If the apj>licant's proportionate fair-share obligation is less than the development's anticipated road impact fee for the specific stage or phase of development under review. then the applicant or its successor must pay the remaining impact fee amount to the City pursuant to the requirements of the impact fee regulations. @ MaiO! proiects not included within the impact fee regulations or created under section 9-563(b)(1) and (2) which can demonstrate a significant benefit to the impacted transportation system mav be eligible at the City's discretion for impact fee credits. uu.. The proportionate fair-share obligation is intended to mitigate the transportation impacts of a proposed development at a specific location. As a result. any road impact fee credit based upon proportionate fair-share contributions for a proposed development cannot be transferred to any other location. Sec. 9-568. Proportionate fair-share aereements. liD... Upon execution of a proportionate fair-share agreement (Agreement) the applicant shall receive a City certificate of concurrencv approval. Should the applicant fail to apply for a development permit within twelve (12) months then the Agreement shall be considered null and void. and the applicant shall be required to reapply. Qll. Payment of the proportionate fair-share contribution is due in full prior to issuance of the final development order or recording of the final plat and shall be non-refundable. If the payment is submitted more than twelve (12) months from the date of execution of the Agreement. then the proportionate fair-share cost shall be recalculated at the time of payment based on the best estimate of the construction cost of the required improvement at the time of payment. pursuant to section 9-566 and adiusted accordinglv. ~ All developer improvements authorized under this article must be completed prior to issuance of a development permit. or as otherwise established in a binding agreement that is accompanied by a security instrument that is sufficient to ensure the completion of all required improvements. It is the intent of this section that anv required improvements be completed before issuance of building permits or certificates of occupancy. uu.. Dedication of necessary right-of-way for facility improvements pursuant to a proportionate fair-share agreement must be completed prior to issuance of the final development order or recording of the final plat. City of Winter Springs Ordinance No. 2006-20 Page 8 of 12 @ Any requested change to a development project 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. ill... 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 to the City will be non refundable. (gL 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. Sec. 9-569. Appropriation of fair-share revenues. (& Proportionate fair-share revenues shall be placed in the appropriate project account for funding of scheduled improvements in the City's CIP. or as otherwise established in the terms of the proportionate fair-share agreement. At the discretion of the City Commission. proportionate fair-share revenues may be used for operational improvements prior to construction of the capacity project from which the proportionate fair-share revenues were derived. Proportionate fair-share revenues may also be used as the 50% local match for funding under the FDOT TRIP. au. In the event a scheduled facility improvement is removed from the CIP. then the revenues collected for its construction may be applied toward the construction of another improvement within that same corridor or sector that would mitigate the impacts of development pursuant to the requirements of section 9-563(b)(2). Where an impacted regional facility has been designated as a regionally significant transportation facility in an adopted regional transportation plan as provided in section 339.155. Florida Statutes. then the City may coordinate with other impacted jurisdictions and agencies to apply proportionate fair-share contributions and public contributions to seek funding for improving the impacted regional facility under the FDOT TRIP. Such coordination shall be ratified by the City Commission through an interlocal asp-eement that establishes a procedure for earmarking of the developer contributions for this pw::pose. ~ Where an applicant constructs a transportation facility that exceeds the applicant's proportionate fair-share obligation calculated under section 9-566. the City shall reimburse the applicant for the excess contribution using one or more of the following methods: ill An impact fee credit account may be established for the applicant in the amount of the excess contribution. a portion or all of which may be assigned and reassigned under the terms and conditions acceptable to the City. ill. An account may be established for the applicant for the purpose of City of Winter Springs Ordinance No. 2006-20 Page 9 of 12 reimbursing the applicant for the excess contribution with proportionate fair-share payments from future applicants on the facility. m The City may compensate the applicant for the excess contribution through payment or some combination of means acceptable to the City and the applicant. Sec. 9-570. Cross jurisdictional impacts. (& In the interest of intergovernmental coordination and to reflect the shared responsibilities for managing development and concurrencv. the City may enter an agreement with one or more adiacent local ~overnments to address cross iurisdictional impacts of development on regional transportation facilities. The agreement shall provide for application of the methodology in this section to address the cross iurisdictional transportation impacts of development. au. A development application submitted to the City subiect to a transportation concurrency determination meeting all of the following criteria shall be subiect to this section: ill All or part of the proposed development is located within one (1) mile of the area which is under the iurisdiction. for transportation concurrency. of an adiacent local government: and m Using its own concurrency analysis procedures. the City concludes that the additional traffic from the proposed development would use five percent (5%) or more of the adopted peak hour LOS maximum service volume of a regional transportation facility within the concurrency iurisdiction of the adiacent local government ("impacted regional facility"): and ill The impacted regional facility is proiected to be operating below the level of service standard. adopted by the adiacent local government. when the traffic from the proposed development is included. @ Upon identification of an impacted regional facility pursuant to subsection 0:>)(1 )-(3) of this section. the City shall notify the applicant and the affected adiacent local government in writing of the opportunity to derive an additional proportionate fair-share contribution. based on the proiected impacts of the proposed development on the impacted adiacent facility. ill The adiacent local government shall have up to ninety (90) days in which to notify the City of a proposed specific proportionate fair-share obligation. and the intended use of the funds when received. The adjacent local government must provide reasonable iustification that both the amount of the payment and its intended use comply with the requirements of section 163 .3180( 16). Florida Statutes. Should City of Winter Springs Ordinance No. 2006-20 Page 10 of 12 the adjacent local government decline proportionate fair-share mitigation under this section. then the provisions of this section would not apply and the applicant would be subject only to the proportionate fair share requirements of the City. m If the subject application is subsequently ap,proved bv the City. the approval shall include a condition that the applicant provides. prior to the issuance of any building permit covered by that application. evidence that the proportionate fair-share obligation to the adjacent local government has been satisfied. The City may require the adjacent local government to declare. in a resolution. ordinance. or equivalent document. its intent for the use of the concurrency funds to be paid by the applicant. Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent ordinances and resolutions adopted by the City Commission, or parts of prior ordinances and resolutions in conflict herewith, are hereby repealed to the extent of the conflict. Section 4. Incorporation Into Code. This Ordinance shall be incorporated into the Winter Springs City Code and any section or paragraph, number or letter, and any heading may be changed or modified as necessary to effectuate the foregoing. Grammatical, typographical, and like errors may be corrected and additions, alterations, and omissions, not affecting the construction or meaning of this ordinance and the City Code may be freely made. Section 5. Severability. If any section, subsection, sentence, clause, phrase, word or provision of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, whether for substantive, procedural, or any other reason, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions of this Ordinance. Section 6. Effective Date. This Ordinance shall become effective immediately upon adoption by the City Commission of the City of Winter Springs, Florida, and pursuant to City Charter. ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular meeting assembled on the 27th day of November , 2006. City of Winter Springs Ordinance No. 2006-20 Page 11 of 12 ORENZO-LUACES, City Clerk Approved as to legal form and sufficiency for the Ci f Winter Springs only: A. GARGANESE, City Attorney First Reading: Second Reading: Effective Date: November 13, 2006 November 27, 2006 See Section 6. City of Winter Springs Ordinance No. 2006-20 Page 12 of 12