HomeMy WebLinkAboutItem #14 - LDC Amend - Proportionate Fair-Share Mitigation Ordinance
AGENDA ITEM COVER SHEET
Contact Name:
Contact Number:
Catherine Armstrong
(407) 905-3100 ext. 1020
Meeting Date: April 17, 2007
Item # l4
Reviewed By: 1 ~J
Department Director: ~~ ft... :::
City Manager: ___ _ _
Subject: First Reading
Amendment to the Land Development Code
Proportionate Fair-Share Mitigation Ordinance
Background Summary:
The Growth Management Legislation of 2005 created the "Pay as You Grow" concept and expanded
key principles of the current growth management act, which has remained largely unchanged since it
was passed in 1985. During those twenty (20) years, Florida has maintained a growth management
policy called "concurrency." Under the new act, the concept of concurrency has been modified to include
"proportionate fair share." Local governments were directed to adopt a methodology for assessing
proportionate fair share by December 1, 2006. This new concept allows concurrency to be satisfied for
roads if a developer furnishes a proportionate fair share of money, land or other developer-provided
value to mitigate the impact caused by its new project. However, this can only be applied if the roads to
be improved and/or funded by proportionate fair share are included in the local government's capital
improvement plan (CIP). This concept is not an absolute right granted to a developer. It is still ultimately
subject to local government discretion either by action amending a local CIP to include improvements to
be funded by proportionate fair share or by determining adequate revenue required to fund the
proportionate fair share improvements is 'reasonable anticipated.'
Although local governments were directed to adopt a methodology by December 1, 2006, staff has been
in contact with the Department of Community Affairs (DCA) and we were assured the the DCA is not
enforcing the directed deadline. As most local governments replicated the model ordinance crafted by the
Florida Department of Transportation (FDOT) which relies on improvements included in the CIE, staff
and the consultant needed more time to formulate a methodology that would not adversely affect
development.
Issue:
Should the Honorable Mayor and City Commissioners approve an amendment to Article 9, Land
Development Code, creating proportionate fair-share mitigation on transportation corridors for the City of
Ocoee?
Discussion:
The City is proposing to amend Article 9, Concurrency, of the Land Development Code creating a new
section, Section 9-9 regarding Proportionate Fair-Share. A key component to this is the concept of
"Infrastructure Planning Areas" or IPAs. These are more specifically identified on Exhibit 1 of the
Ordinance and are categorized as follows:
(1) North IPA - located north of the center line of Orlando Avenue and Story Road, east of the joint
planning area boundary on the west side of the City, west of the joint planning area boundary on
the east side of the City and south of the northern joint planning area boundary;
(2) South IPA - located south of the center line of Orlando Avenue and Story Road, north of the
southern joint planning area boundary, west of the joint planning area boundary on the east side of
the City and east of the joint planning area boundary on the west side of the City.
These are two areas covering the City of Ocoee that can be used to satisfy transportation concurrency
issues through the Proportionate Fair-Share program. The City may choose to allow an applicant to
contribute to an improvement that is identified in an IPA in which the proposed development is located.
Upon completion, these improvements will satisfy the requirements of the City's transportation concurrency
management system (CMS).
Several highlights of the ordinance are as follows:
. The 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 CMS, including transportation
facilities maintained by FOOT or another jurisdiction.
. The program does not apply to Developments of Regional Impact (ORis) under Section
163.3180(12), Florida Statutes (FS), or to developments exempted from concurrency as provided in
Article 9 Concurrency, Section 9-4 of the Land Development Code or to developments that have
identified transportation improvements and/or right-of-way dedication in an approved Developer
Agreement.
. The City may choose to allow an applicant to satisfy transportation concurrency issues by utilizing
contributions to projects delineated in an IPA.
. 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.
. 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 affected facility or facilities shall not differ
regardless of the method of mitigation.
. The methodology used to calculate an applicant's proportionate fair-share obligation shall be as
provided for in Section 163.318(12), F.S., 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 the developer payment, of the
improvement necessary to maintain the adopted LOS."
. 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 ordinance. Any road impact fee
credit based upon proportionate fair-share contributions for a proposed development cannot be
transferred to any other location unless provided for within the City Impact Fee Ordinance.
. Upon execution of a proportionate fair-share agreement, the applicant shall receive Certificate of
Concurrency approval. Should the applicant fail to apply for a building permit within one year of the
execution of the agreement, then the agreement shall be considered null and void and the applicant
shall be required to reapply. Payment is due at or before the Pre-Construction meeting with City
Staff.
. All developer improvements shall be completed prior to the issuance of the Certificate of
Completion or Certificate of Occupancy.
. Dedication of necessary right-of-way for facility improvements pursuant to a proportionate fair-share
agreement must be completed prior to the issuance of the Certificate of Completion of Certificate of
Occupancy.
. Proportionate fair-share revenues shall be placed in the appropriate project account for funding of
scheduled improvements in the CIE. At the discretion of the local government, proportionate fair-
share revenues may be used for operational improvements prior to the 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 FOOT Transportation
Incentive Program (TRIP).
. 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 IPA that would mitigate the impacts of development pursuant to the ordinance.
. When an applicant constructs a transportation facility that exceeds the applicant's proportionate
fair-share obligation calculated under the ordinance, the City shall reimburse the applicant for the
excess contribution using one of three methods outlined in the ordinance:
1. Give an impact fee credit in the amount of the excess contribution.
2. Establish an account to reimburse the applicant with future proportionate share payments on
the facility.
3. Compensate the applicant through payment or some combination of means acceptable to the
City and the applicant.
The changes proposed under the ordinance will be inserted into the Land Development Code as a separate
section under Article 9, Concurrency. Future amendments to the Capital Improvements Element (CIE) of the
City of Ocoee Comprehensive Plan will be required as a result of this ordinance.
Planning and Zoning Commission:
The Planning and Zoning Commission, acting as the Local Planning Agency (LPA), held a public hearing on
this matter on March 13, 2007. The consultant for the City of Ocoee, Renaissance Planning Group (RPG),
was in attendance to present the amendment to the Land Development Code and to answer questions of the
Commission. Several questions were asked in regards to how does this benefit the developer and what is
the downside of the ordinance if the local government does not have roadways in the Capital Improvement
Plan (CIP) for construction or improvements. After a brief discussion, the Planning and Zoning Commission
voted unanimously to recommend approval of an amendment to the Land Development Code, Article 9,
creating proportionate fair-share mitigation on transportation corridors.
Recommendations:
Staff recommends that the Honorable Mayor and City Commissioners adopt an amendment to Article 9,
Land Development Code, creating proportionate fair-share mitigation on transportation corridors for the
City of Ocoee.
Attachments:
Ordinance with Exhibits
Financial Impact:
No impact
Type of Item:
~ Public Hearing
~ Ordinance First Reading
D Ordinance Second Reading
D Resolution
D Commission Approval
D Discussion & Direction
For Clerk's Deot Use:
D Consent Agenda
D Public Hearing
D Regular Agenda
D Original Document/Contract Attached for Execution by City Clerk
D Original Document/Contract Held by Department for Execution
Reviewed by City Attorney
Reviewed by Finance Dept.
Reviewed by ( )
D N/A
D N/A
D N/A
ORDINANCE 2007-XX
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA,
AMENDING ARTICLE IX OF CHAPTER 180 OF THE
CITY CODE (THE LAND DEVELOPMENT CODE),
CREATING A NEW SECTION ENTITLED AS "SECTION
9-9 - PROPORTIONATE FAIR-SHARE MITIGATION OF
DEVELOPMENT IMPACTS ON TRANSPORA TION
COORIDORS"; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE.
BE IT ENACTED BY THE CITY COMMISSION OF THE CITY OF
OCOEE, FLORIDA, AS FOLLOWS:
SECTION 1. Authoritv. The City Commission of the City of Ocoee has the
authority to adopt this Ordinance pursuant to Article VIII of the Constitution of the State of
Florida and Chapters 163 and 166, Florida Statutes.
SECTION 2. Proportionate Share. Section 9-9 of Article IX of Chapter 180 of
the Code of Ordinances of the City ofOcoee, Florida, us hereby adopted as follows:
Section 9-9. PROPORTIONATE FAIR-SHARE MITIGATION OF DEVELOPMENT
IMPACTS ON TRANSPORTATION CORRIDORS.
(A) Purpose
The purpose of Section 9-9 is to establish a methodology whereby the impacts of development
on transportation facilities can be mitigated by the cooperative efforts of the public and private
sectors, to improve transportation mobility within an Infrastructure Planning Area, known as the
Proportionate Fair-Share Program, as required by and in a manner consistent with S
163.3180(16), F.S.
(B) Findings
The City Commission finds and determines that transportation capacity is a commodity that has a
value to both the public and private sectors and that the City's Proportionate Fair-Share Program:
(a) 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;
(b) provides a method by which the impacts of development on transportation facilities can
be achieved by providing mobility benefits to high priority projects within Infrastructure Planning
Areas;
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(c) 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 to meet defined mobility needs within Infrastructure Planning Areas;
(d) 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;
(e) maximizes 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 Program (CIP); and
(f) is consistent with ~ 163.3180(16), F.S., and supports the policies of the Transportation
Element of the Comprehensive Plan.
(C) 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 Concurrency Management System, including transportation facilities maintained by FDOT or
another jurisdiction, that are relied upon for concurrency determinations. The Proportionate
Fair-Share Program does not apply to (i) Developments of Regional Impact (DRI) using
proportionate fair-share under ~ 163.3180(12), F.S., or (ii) developments exempted from
concurrency as provided in Section 9-4 of this Article, or (iii) developments that have identified
transportation improvements and/or right-of-way dedications/conveyances in an approved
Developer Agreement with the City.
(D) Definitions for Section 9-9
The following definitions are in addition to the general definitions included in Article II of the
Land Development Code:
(1) "Proportionate Fair-Share Program" means program established pursuant to this
Section 9-9 and Section 163.3180(16), F.S.
(2) "Infrastructure Planning Areas" or "IP As" means areas within the City which are
established by the City as set forth in Figure 1 of this Article and within which future
transportation improvements may be made. The city is divided into a North IP A and a South
IPA.
(E) General Requirements
(1) 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:
(a)
The proposed development is consistent with the comprehensive plan and
the applicable land development regulations.
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(b) The five-year schedule of capital improvements in the City CIP includes a
transportation improvement or improvements that, upon completion, will
satisfy the requirements of the City's transportation /traffic circulation
provision of the Concurrency Management System. The provisions of
Section 9-9 (E)(2) may apply if a project or projects needed to satisfy
concurrency are not presently contained within the City's CIP.
(2) The City may choose to allow an applicant to satisfy transportation concurrency
through the Proportionate Fair-Share Program by contributing to an improvement that is
identified in an IP A in which the development is located, and upon completion, will satisfy the
requirements of the transportation/traffic circulation provision of the Concurrency Management
System, but is not contained in the five-year schedule of capital improvements in the CIP, where
the following apply:
(a) The City adopts, by resolution or ordinance, a commitment to add the
improvement to the five-year schedule of capital improvements in the 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 Commission, and determined to be financially
feasible pursuant to ~ 163.3180(l6)(b)1, F.S., consistent with the comprehensive plan, and in
compliance with the provisions of this Section 9-9. Financial feasibility for this section means
that additional contributions, payments or funding sources are reasonably anticipated during a
period not to exceed five years to fully mitigate impacts on the transportation facilities.
(b) If the funds allocated for the five-year schedule of capital improvements in
the City's CIP are insufficient to fully fund construction of a transportation improvement
required by the Concurrency Management System, 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 City and, if applicable, any other 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 City's five-year capital improvements schedule of the comprehensive plan or
the long-term schedule of capital improvements for an adopted long-term concurrency
management system at the City's next annual capital improvements element update.
(c) The City has defined a transportation improvement(s) in the IPA where
the proposed project is located, and upon completion will sufficiently mitigate transportation
impacts, and improve mobility within the IPA.
(3) To the extent the City issues debt or otherwise borrows money to fund the
remaining cost to complete one or more improvements, subsequent projects affected by that
improvement for which debt has been issued shall be obligated to contribute their proportionate
fair share to towards any such debt, including principal and interest payments of the City
associated therewith.
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(F) Intergovernmental Coordination
Pursuant to policies in the Intergovernmental Coordination Element of the City
comprehensive plan, the City shall coordinate with affected jurisdictions, including FDOT, and
Orange County, regarding mitigation to affected facilities not under the jurisdiction of the City.
An interlocal agreement may be established with other affected jurisdictions for this purpose.
(G) Application Process
(1) 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 9-9(E).
(2) Prior to submitting an application for a proportionate fair-share agreement, a pre-
application meeting shall be held with Ocoee City Staff to discuss eligibility, application
submittal requirements, potential mitigation options, and related issues. If the impacted facility
is on the Strategic Intermodal System (SIS), then FDOT will be notified and invited to
participate in the pre-application meeting.
(3) Eligible applicants shall submit a Certificate of Concurrency application to the
City that includes a description of the proposed proportionate fair-share mitigation method. Such
application shall be submitted on a form approved by the City and shall include such application
fee (or Flat Fee) as may from time-to-time be established by the City Commission. The
applicant shall be responsible for all Review Costs associated with the processing and review of
the application and the preparation of any developer agreements in connection therewith.
(4) The City shall review the application and certify that the application is sufficient
and complete. 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 9-9(E),
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. The City may, in its discretion,
grant an extension of time not to exceed 30 days to cure such deficiencies, provided that the
applicant has shown good cause for the extension and has taken reasonable steps remedy the
situation.
(5) Pursuant to 9 163.3180(16)(e), F.S., proposed proportionate fair-share mitigation
for development impacts to facilities on the SIS requires the concurrence 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.
(6) 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 by prepared by the City and delivered to the applicant for review, including a
copy to the FDOT for any proposed proportionate fair-share mitigation on a SIS facility, no later
than 90 days from the date at which the applicant received the notification of a sufficient
application and no fewer than 15 days prior to the City Commission meeting when the agreement
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will be considered. The 90-day time frame for the City to submit the proposed agreement may
be extended by mutual agreement between the City and the applicant.
(7) The City shall notify the applicant regarding the date of the City Commission
meeting when the agreement will be considered for final approval. No proportionate fair-share
agreement will be effective until such time as is stated in the agreement and approved by the City
Commission.
(8) Pursuant to Section 163.3180(16)(d), F.S., nothing in this Section 9-9 shall require
the City to approve a development that is not otherwise qualified for approval pursuant to the
comprehensive plan and this Code.
(H) 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 shall not be required to pay more than its proportionate fair-share.
The fair market value of the proportionate fair-share mitigation for the affected facility or
facilities shall not differ regardless of the method of mitigation.
(3) The methodology used to calculate an applicant's proportionate fair-share
obligation shall be as provided for in Section 163.3180(12), F.S., 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 the
developer payment, of the improvement necessary to maintain the adopted LOS."
OR
Proportionate Fair-Share = L [[Development Trips;) / (SY Increase;)] x Cost;]
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 Concurrency Management
System;
SV Increasej = Service volume increase provided by the eligible
improvement to roadway segment "i" per Section
122.11.04(C).
Costj = 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
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associated with construction at the anticipated cost in the
year it will be incurred.
(4) For the purposes of determining proportionate fair-share obligations, the City
shall determine improvement costs based upon the actual cost of the improvement as obtained
from the CIP, the MPO/TIP or the FDOT Work Program. Where such information is not
available, improvement cost shall be determined by using one of the following methods:
(a) 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 Engineer. In order to accommodate increases in construction
material costs, project costs shall be adjusted by an inflation factor
approved by the City; or
(b) The most recent issue ofFDOT 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
FDOT District 7.
(5) 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 in this section.
(6) If the City has accepted right-of-way dedication or conveyance for the
proportionate fair-share payment, credit for the dedication or conveyance of the non-site related
right-of-way shall be valued at fair market value established by an independent appraisal
prepared by an MAl appraiser approved by the City, at no expense to the City. The value of the
right-of-way shall be the total number of acres, and/or fraction thereof, of the conveyed land
multiplied by the appraised fair market value of the parent parcel. In the event the City disagrees
with the appraised value, the City may select and pay for another appraiser and the credit shall be
an amount equal to the average of the two appraisals. Alternatively, if the City and applicant
mutually agree on the amount of the credit, then the requirement for an appraisal may be waived
by the City. The applicant shall supply a 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. The City may
require that the applicant provide, at the applicant's expense, an owner's title insurance policy in
the amount of the credit being provided. If the estimated value of the right-of-way dedication or
conveyance 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. 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
information about compliance with federal laws and regulations. Nothing contained in this
Artcile shall be construed to require that the city provide road impact fee credits for dedication or
conveyance of site-related right-of-way.
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(I) Road 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 City's Road Impact
Fee Ordinance.
(2) Road impact fee credits for the proportionate fair-share contribution will be
estimated when the road impact fee obligation is calculated for the proposed development. The
Proportionate Fair Share amount will be due and payable to the city prior to the pre-construction
meeting with City staff and road impact fees owed by the applicant will be reduced per the
Proportionate Fair-Share Agreement as prepaid road impact fee credits, and applied to a credit
account maintained by the Finance Department. Any such credits shall be maintained on a dollar
basis and shall not exempt the applicant from paying the road impact fees which are in effect
under the City's Road Impact Fee Ordinance at the time the credit is applied. 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 road impact fee amount to the City pursuant to the requirements of the City's
Road Impact Fee Ordinance.
(3) 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 unless provided for within the City's Road Impact Fee
Ordinance. Any road impact credits which are established pursuant to this section shall be
owned by the applicant and may only be used by others within the proposed development to the
extent assigned by the applicant in a manner acceptable to the Finance Director or her designee.
(1) Proportionate Fair-Share Agreements
(1) Upon execution of a proportionate fair-share agreement, the applicant shall be
issued a Certificate of Concurrency with respect to transportation/traffic circulation; provided,
however, that the foregoing shall not be construed to require the issuance by the City of a
Certificate of Concurrency if the applicant fails to satisfy the other concurrency requirements of
Article IX, Concurrency, of this Code. Should the applicant fail to apply for a building permit
within one year of the execution of the agreement, then the agreement shall be considered null
and void, and the applicant shall be required to reapply unless the City, at it's option, agrees to
an extension of the agreement.
(2) Payment of the proportionate fair-share contribution is due at or before the pre-
construction meeting with City Staff and shall be non-refundable. If the payment is submitted
more than 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 9-9(H)
and adjusted accordingly.
(3) All developer improvements authorized under this section must be completed
prior to the issuance of a Certificate of Completion or Certificate of Occupancy, or as otherwise
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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 the issuance of a Certificate of Completion or
Certificate of Occupancy.
(4) Dedication or conveyance to the City of necessary right-of-way for facility
improvements pursuant to a proportionate fair-share agreement must be completed prior to the
issuance of a Certificate of Completion or Certificate of Occupancy. All such right-of-way must
be dedicated or conveyed to the City in fee simple free and clear of all liens and encumbrances
and subject only to such matters as may be agreed to by the City. Real property taxes shall be
paid or escrowed by the developer in accordance with the requirements of the proportionate fair-
share agreement.
(5) Any requested change to a development project subsequent to the approval of a
final subdivision plan or final site plan for the development project, as the case may be, may be
subject to additional proportionate fair-share contributions to the extent the change would
generate additional traffic that would require mitigation.
(6) Applicants may submit a letter to withdraw from the proportionate fair-share
agreement at any time prior to the execution of the agreement by the City and the applicant. The
application fee (Flat Fee) and all Review Costs shall remain the obligation of the applicant as
provided in Section 1-12 of this Code and 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.
(K) 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 CIP, or as otherwise established in the
terms of the proportionate fair-share agreement. At the discretion of the City, proportionate fair-
share revenues may be used for operational improvements prior to the 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
Transportation Regional Incentive Program (TRIP).
(2) 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 IP A that would mitigate the impacts of development pursuant to
the requirements of Section 9-9(E)(2)(b). Where an impacted facility has been designated as a
regionally significant transportation facility in an adopted regional transportation plan as
provided in Section 339.155, F.S., then the City may coordinate with other affected 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 through an interlocal agreement that establishes a procedure for
earmarking of the developer contributions for this purpose.
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(3) Where the applicant constructs a transportation facility that exceeds the
applicant's proportionate fair-share obligation calculated under Section 9-9(H), the City may, at
its option, elect to provide for the reimbursement to the applicant of any excess contribution. If
the city elects to provide for any such reimbursement, then the terms and conditions thereof will
be addressed in the Proportionate Fair-Share Agreement with the applicant. Such agreement
may provide for the reimbursement of the applicant for the excess contribution using one or
more of the following methods:
(a) An impact fee credit 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.
(b) An account may be established for the applicant for the purpose of
reimbursing the applicant for the excess contribution with proportionate
fair share payments from future applicants on the facility.
(c) The City may compensate the applicant for the excess contribution
through payment or some combination of means acceptable to the City
and the applicant.
The city may limit the life of any such reimbursement to a term of not more than seven (7) years,
after which time any portion of such excess payment will have lapsed and thereafter the
obligation to provide any such reimbursement will be canceled. Additionally, any such
reimbursement agreement shall provide that (i) the reimbursements shall not include any interest
upon the amount of the excess payment, and (ii) any advances towards the cost of improvement
made by the city will be reimbursed to the city in full before any payment is made to the
applicant.
SECTION 3. Severability. If any section, subsection, sentence, clause, phrase
or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of
competent jurisdiction, such portion shall be deemed a separate, distinct and independent
provision and such holding shall not affect the validity of the remaining portion hereto.
SECTION 4. Effective Date. This Ordinance shall become effective
immediately upon final passage and adoption.
PASSED AND ADOPTED this _ day of ,2007.
ORLA_ 438136.2 9
ATTEST:
Beth Eikenberry, City Clerk
(SEAL)
FOR USE AND RELIANCE ONLY BY
THE CITY OF OCOEE, FLORIDA;
APPROVED AS TO FORM AND
LEGALITY
this _ day of , 2007.
FOLEY & LARDNER LLP
By:
City Attorney
ORLA_ 438136.2
APPROVED:
CITY OF OCOEE, FLORIDA
S. Scott Vandergrift, Mayor
ADVERTISED ,2007
READ FIRST TIME ,2007
READ SECOND TIME AND ADOPTED
, 2007
UNDER AGENDA ITEM NO.
10
FIGURE 1
ORLA_ 438136.2
11
North IPA
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I
~outh IPA
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_____.,~ I
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Infrastructure Planning Areas (IPAs)
City of Ocoee, Florida
Legend
Existing Land Use
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Copy of Public Hearing Advertisement
Date published
o t l CIYld 0 S-'Ultn~J (C l ass l.ft' cA 5
Afrl \ 6(1-00 '1
Advertisement
CllY OF OCOEE
NOTICE OF PUBLIC
HEARING
FOR AN
AMENOMENT TO THE
LANO OEVELOPMENT
COOE
NOTICE IS HEREBY GIVEN, pur.
suant to Subsection 166.041
(3)(c) 2., Florida Statues,
that on TUESOAY, APRIL 17, 2006
and on TUESOAY, MAY 1, 2007 at
7~5 P.M. or as soon tharoaftor
~Mrafg~~I~~18~lY w~fl o~~ra
PUBLIC HEARINGS at the
City of Dcaee Commission
Chambers, 150 North Lake.
'share Drive, Dcoee, Flori.
do, to adopt the following
, Ordinance:
Interested parties may ap-
pear at the public hearing
and be heard with respect
to the proposed actions.
The complete case file may
be inspected at the Dcaee
Community Development
Department/Planning Divi.
sion located at 150 North
Lakeshore. Drive, Dcoee,
Florida between the hours
of 8:00 a.m. and 5:00 p.m.,
Monday through Friday, ex-
cept legal holidays.
The City Commission may
continue the public hearings
!o ather dates and times, as
It deems necessary. Any in.
terested party shall be ad.
vised of the dates, times,
and piaces of any continua.
tion of these or continued
public hearings. Any contin-
uances shall be announced
during these hearings and
r~e~~rt~ecitt~~~c~ I re6~ r~L'li-
lished.
You are advised that any
person who desires to ap-
; peal any decision made at
~~~l~bi~~oPaa6fi1~~ ~iJ~
ceedings and for this pur.
f~~f am~:r'~a~T~ t~e;onr~u~Ej
:.t'~ic~rfn~1~3~~~fie i ~e~i~;
ny and evidence upon which
the appeal is based.
pers~ns with disabilities
needing assistance to par-
ticipate in any of these pro-
tTf~igr:r~~a~Ptil~nl~'fi00~~
in advance of the meeting
at 407.905.3105.
Beth Eikenberry,
City Clerk
OLS282050-APR.5,19