Sec Definitions. [Note: the long list of definitions related to Mobility will appear in the Handbook.]

Transcription

1 PART 5. - MOBILITY FEE SYSTEM Footnotes: --- (3) --- Editor's note Ord E, 1, amended the Code by repealing former Pt. 5, , in its entirety, and adding a new Pt. 5, Former Pt. 5 pertained to industrial uses, and derived from Ord E. Sec Purpose and declaration of public policy. In order to adequately and efficiently address the City's mobility needs, in 2011 the City has replaced transportation concurrency with the 2030 Mobility Plan. The intent of the 2030 Mobility Plan is was to replace the transportation concurrency management system with a holistic mobility approach that applies a fee system to new development based upon the link between land development and transportation. Through the 2030 Mobility Plan and this Part 5, the City is replacing replaced the transportation concurrency management system with a predictable and balanced system. The purpose of this Part 5 of Chapter 655 is to establish the process necessary to implement the 2030 Mobility Plan and its update referenced now as the Mobility System.. Sec Definitions. [Note: the long list of definitions related to Mobility will appear in the Handbook.] For the purposes of this Part, the following terms, phrases, words, and their derivations, shall have the meaning contained below, or as referenced within specific Sections. CMMS Handbook means the Concurrency and Mobility Management System Handbook available at [website link here]. CMMSO means the Concurrency and Mobility Management System Office. Development Area means an area depicted on the FLUM series which controls the density, development characteristics, and other variables within plan categories. The City is organized by five tiers of Development Areas including: the Central Business District (CBD); the Urban Priority Area (UPA); the Urban Area (UA); the Suburban Area (SA); and the Rural Area (RA). Division means the Community Planning Development Services Division of the Planning and Development Department. Mobility System Prioritized Projects ( MSPP ) means the mobility projects identified in the Capital Improvements Element and the Transportation Element

2 (c) of the 2030 Comprehensive Plan for both Motorized and Non-motorized modes of transportation. Mobility Zone means a defined geographic area, as depicted in the Transportation and Capital Improvements Elements of the 2030 Comprehensive Plan, within each Development Area that is delineated so that its area is approximately equal to the average trip length of the underlying Development Area. Mode Motorized means the mobility projects for the Corridor, Transit and the Downtown Investment Authority modes. Mode Non-motorized means the mobility projects for the Stand Alone Bike and Stand Alone Pedestrian modes. (d) VMT means vehicle mile traveled. Sec Mobility fee requirement, certificate, application process and calculation. (c) Mobility fee required. Unless a fair share assessment payment is made per Section , Ordinance Code, or a development is deemed de minimis, per Section , Ordinance Code, or exempt per Section , Ordinance Code or Section , Ordinance Code, the mobility fee must be paid prior to approval of final construction and/or engineering plans under Chapter 320, Ordinance Code or building permits for single family residential construction. Mobility fee calculation application and fee. An applicant for a mobility fee calculation certificate shall file a completed application with the CMMSO on the form provided by that office. The applicant shall provide all the information requested on the application, to the extent applicable. The application shall be accepted by the CMMSO only if the application is completed in full and submitted with all supplementary information required. Upon the payment to the Tax Collector of the application fee, or fee for an expedited mobility fee calculation certificate per subsection (f) below, copies of the application shall be transmitted immediately to the Division. The fees noted above can be found electronically on the following City of Jacksonville webpage: Division sufficiency review. If the Division determines that the information contained in the application is insufficient to review the application, then the Division, within five days of its receipt of the application from the CMMSO, shall notify the CMMSO of the application's insufficiencies. The CMMSO shall immediately notify the applicant of such insufficiencies. The applicant shall then have ten days from the date of such notification to remedy the application's insufficiencies. This time period may be extended by the CMMSO based upon a showing of good cause. Any notification by the Division to the CMMSO that the application is insufficient automatically tolls the applicable review period. Upon the

3 (d) (e) Division's receipt of the necessary information, the review period begins again at the point at which it was tolled. Issuance of mobility fee calculation certificate. Except for expedited mobility fee calculation certificates per subsection (f) below, the mobility fee calculation certificate shall be issued by the CMMSO within 14 days from the date the application is accepted and deemed sufficient by the CMMSO, unless the application for a mobility fee calculation certificate was submitted with an application for a CCAS for the development, per Section , or an a CCAS application for the development has been pending with CMMSO for less than 31 days. If the application for a mobility fee calculation certificate was submitted with a CCAS application for the development or a CCAS application for the development has been pending with CMMSO for less than 31 days, then the mobility fee calculation certificate will be issued when the written decision concerning the CCAS for the development is issued. Mobility fee calculation. For the purpose of calculating a mobility fee, the following formula shall apply: Mobility Fee = A B (C Trip Reduction Adjustments Existing Use Trips) where A = Cost per VMT/Mobility Zone; B = Average VMT per Development Area; and C = Development Daily Vehicle Trips. (1) Cost per VMT. The cost per VMT is determined dividing the cost of the prioritized transportation improvement projects Mobility System Prioritized Projects identified in the Capital Improvement Element of the Comprehensive Plan by the projected change in VMT between 2010 and 2030 as set forth in the 2030 Mobility Plan the base year and the future year as set forth in the most recent Mobility System evaluation. (2) Average VMT per Development Area. The Average VMT is determined for each of the five Development Areas. (3) Development Daily Vehicle Trips and Trip Reductions Adjustments. Unless there is a special local trip generation study approved by the Planning and Development Department, the Institute of Transportation Engineers (ITE) most recent edition of "Trip Generation" shall be utilized to determine Development Daily Vehicle Trips. The Development Daily Vehicle Trips generated shall may be reduced using vehicle trip adjustments based upon physical measures, including but not limited to, residential density, mix of uses, existence of local serving retail, transit service and pedestrian/bicycle friendliness. Reduction

4 (f) criteria found in Sec of the CMMS Handbook. The Development Daily Vehicle Trips generated shall also be reduced by the daily vehicle trips generated by the Existing Use (last lawful use) on the property. Expedited mobility fee calculation certificate. An applicant may request an expedited mobility fee calculation certificate. The expedited mobility fee calculation shall be determined using the formula set forth in subsection (e) above without the Trip Reduction Adjustments. The CMMSO shall issue the expedited mobility fee calculation certificate within 4 days from the date the application is accepted and deemed sufficient by the CMMSO. (Ord E, 1; Ord E, 28) Sec Re-evaluation of mobility fee formula factors. The Planning and Development Department shall conduct an evaluation of the Multi-modal Transportation Study, which is an appendix to the 2030 Mobility Plan and update the physical measures of the URBEMIS model, Mobility System within one year following the adoption of the North Florida TPO's Long Range Transportation Plan (LRTP), and no less than once every ten years. The Department shall adjust the mobility fee formula factors consistent with its findings from the each periodic evaluation of the Multi-modal Transportation Study. Mobility System. (Ord E, 1; Ord E, 2) Sec Deposit of mobility fees; mobility zones and appropriation of mobility fees. Mobility fees received by the City shall be deposited into the Mobility Fee Special Revenue Fund established pursuant to Section into Motorized and Nonmotorized accounts for each Zone. If the development is located in more than one Mobility Zone, the mobility fee may be applied to a transportation improvement project Mobility System Prioritized Project ( MSPP ) in either Mobility Zone. If all of the improvement projects MSPPs within a Mobility Zone have been funded, an improvement project MSPP in an adjacent Mobility Zone may be selected based on the recipient improvement project's MSPP s location within the radius of average trip length from the boundaries of the proposed development. The mobility fees collected in a Mobility Zone shall have a reasonable relationship to the transportation impacts generated by any proposed development and be appropriated for the prioritized transportation improvement projects MSPPs identified in the Capital Improvement Element of the Comprehensive Plan for that Mobility Zone, which includes the Transit Transportation Mode Improvements and Bicycle and Pedestrian Transportation Motorized and Non-motorized Mode as Improvements identified in the Prioritized Transportation Improvement Project MSPP List in the Capital Improvement Element of the Comprehensive Plan. Up to 20 percent of the mobility fee deposited into a Roadway Motorized Mobility Zone account per development may be allocated to improvements at or near the

5 intersection of a city right-of-way or proposed city right-of-way and an identified prioritized project MSPP on the Automobile/Truck and Transit prioritized transportation list. Motorized Mode project list. It must be demonstrated that this intersection improvement improves safety or capacity of the project identified on the prioritized Automobile/Truck or Transit MSPP Motorized list. Funds shall not go towards improvements required as part of a development order. On or before January 31 and June 30 of each year, the Director shall deliver to the Finance and Transportation, Energy and Utilities Standing Committees of Council, and to the Council Auditors, a report setting forth the current balances in the Mobility Fee Special Revenue Fund applicable to each Mobility Zone account, any projects funded to date in such zone, and their status, and the cost of the priority project for each mode in such zone as identified in the Mobility System Plan. (Ord E, 1; Ord E, 2; Ord E, 3) Sec Duration of mobility fee calculation certificate. A mobility fee calculation certificate or expedited mobility fee calculation certificate for proposed development of property is valid for one year from the date of issuance, unless it is: Subject to a Mobility Fee Contract per Section , Ordinance Code, or Extended for one year by the payment, prior to the expiration date, of the applicable annual inflation adjustments as determined by the Florida Department of Transportation Office of Financial Development. Sec Transportation improvement projects constructed by a landowner or developer. Mobility fee credit. A In order to receive Mobility fee credit, a landowner or developer may construct, or cause to be constructed, or provide the real estate needed for either: an applicable transportation improvement project a Mobility System Prioritized Project ( MSPP ) within the same Mobility Zone(s) as a the proposed development; or a multi-modal transportation improvement that is determined by the City Council, as advised by the Department, to meet all of the qualifications outlined for the particular Mode of the proposed improvement ( Proposed Mobility Improvement ). roads; The qualifications for each Mode are as follows: (1) Proposed corridor transportation facilities, not identified as an MSPP: (A) (B) connects two existing collector, or higher functionally classified, designed and constructed to City standards;

6 (C) designed and constructed to Complete Streets standards; (D) greater than or equal to one-half (1/2) mile in length; and (E) is within one-half (1/2) mile of a failing road to which the analysis compares the proposed facility. (2) Proposed Non-motorized transportation facilities: (A) connects two existing sidewalks or linear bicycle or multi-use paths; (B) (C) designed and constructed to City standards; designed and constructed to Complete Street standards; and (D) connects to and compliments other available bicycle or pedestrian mode facilities, including transit access, within or adjacent to the Mobility Zone. and receive credit for that applicable project, as set forth herein. However, any transportation improvements and land associated with those improvements that are required for a development's minimum transportation and traffic circulation design standards applicable to the development's standard access management, pursuant to federal, state or local laws or regulations, including but not limited to the Land Development Procedures Manual, shall not be considered as applicable transportation improvements eligible for credit pursuant to this section. Applicability. The following shall be considered applicable transportation improvement projects: (1) Project(s) identified in the 2030 Mobility Plan that meet all of the following criteria: Using professionally accepted standards and criteria, to the satisfaction of the City, the transportation improvement project maintains or improves the adopted City-wide and Mobility Zone(s) minimum mobility score; and The transportation improvement project is identified in the 2030 Mobility Plan on either the (i) Prioritized Project List, (ii) Project Evaluation and Prioritization List, (iii) Committed Project List, (iv) Bicycle Mode Project Summary List or (v) Pedestrian Mode Project Summary List as set forth in Tables 1, 2, 3, 4 and 5 respectively. Tables 1 5 are not set out herein but are on file in file no E and available for inspection in the Office of the City Council Legislative Services Division. (2) Projects not identified in the 2030 Mobility Plan for auto/truck mode(s) that meet all of the following criteria: (i) It either: Maintains or improves the adopted 2030 City-wide and Mobility Zone(s) mobility score for the auto/truck mode, as calculated by

7 (c) (d) (ii) deleting the 2030 Mobility Plan Prioritized Project List project set forth in Table 1, for such mode and substituting in its place the proposed transportation improvement project; or Improves mobility within the applicable Mobility Zone(s), as evidenced by a professional traffic study provided by the applicant which utilizes and employs professionally accepted standards and criteria, subject to the review and approval of the Planning and Development Department, and has a minimum cost of $3,000,000.00, calculated using the most recent cost estimate information issued by the Florida Department of Transportation, Office of Policy Planning regarding generic cost per mile models; Meets the requirements of the 2030 Mobility Plan as applicable, including the evaluation criteria set forth in Section 4.3.2; The City Council approves the proposed transportation improvement project; and The project is adopted into the next cycle of the 5-year Capital Improvements Element schedule. (3) Projects not identified in the 2030 Mobility Plan for bicycle and pedestrian mode(s) that meet all of the following criteria: (c) (d) (e) Improves mobility within the applicable Mobility Zone(s), beyond the minimum standards required by law for such development, as evidenced by a professional traffic study provided by the applicant which utilizes and employs professionally accepted standards and criteria, subject to the review and approval of the Planning and Development Department. The traffic study shall include and not be limited to information such as: a demonstration that the bicycle or pedestrian mode transportation improvement project improves the respective bicycle or pedestrian mode mobility within such Mobility Zone(s); documentation of existing conditions; pedestrian and bicycle counts; an assessment of the previous three year crash data including pedestrian and bicycle crashes; identification of any existing pedestrian and bicycle facilities; Meets the requirements of the 2030 Mobility Plan as applicable, including the evaluation criteria set forth in Section 4.3; Connects to and compliments other available bicycle or pedestrian mode facilities, including transit access, within the Mobility Zone; The City Council approves the proposed transportation improvement project; and The project is adopted into the next cycle of the 5-year Capital Improvements Element schedule. (4) Projects not identified in the 2030 Mobility Plan for transit mode(s) that meet all of the following criteria:

8 (c) (d) (e) (i) (ii) It either: Maintains or improves the adopted 2030 City-wide and Mobility Zone(s) mobility score for the transit mode, as calculated by deleting the 2030 Mobility Plan Prioritized Project List project set forth in Table 1, for such mode and substituting in its place the proposed transportation improvement project; or Improves mobility within the applicable Mobility Zone(s), as evidenced by a professional traffic study provided by the applicant which utilizes and employs professionally accepted standards and criteria, subject to the review and approval of the Planning and Development Department; Meets the requirements of the 2030 Mobility Plan as applicable, including the evaluation criteria set forth in Section 4.3.2; It is reviewed and approved by the Jacksonville Transportation Authority ("JTA"); The City Council approves the proposed transportation improvement project; and The project is adopted into the next cycle of the 5-year Capital Improvements Element schedule. Factors that the City may consider in its review of transportation improvement projects include but are not limited to the City's Multi-Modal Studies, the Comprehensive Plan, the Mobility Plan, the value of any calculated credits proposed to be issued and their relationship to the value of the proposed project's improvement of mobility, the status of existing infrastructure coupled with the needs of the City, an analysis of the proposed development and its impacts to the surrounding areas and infrastructure, and any other applicable factors in the City's determination. (c) Credit against mobility fee. (1) A landowner or developer who constructs, or causes to be constructed, an entire applicable transportation improvement project shall receive credit against the applicable mobility fee as provided in this section for the design, permitting, and construction of the entire applicable transportation improvement project. (2) Credit may be transferred to other landowners or developers for payment of a mobility fee owed to the City for development within the same Mobility Zone(s) as the transportation improvement project. (3) Credit for donated land as authorized by subsection (f), may be transferred to other landowners or developers for payment of a mobility fee. Calculation of Credit. (1) The credit authorized for an applicable transportation improvement project MSPP or a Proposed Mobility Project shall be calculated using the most recent cost estimate information issued by the Florida Department of Transportation, Office of Policy Planning regarding generic cost per mile models. The cost

9 estimates for facilities and/or projects not identified in such FDOT cost estimates shall be determined by the Public Works Department, prior to the approval of any credit. Credit shall be provided at 100% of cost for the design and construction of an entire MSPP as it is shown on the list in the CIE. Credit for the design and construction of less than an entire MSPP may be provided at 100% if that project is provided to logical termini as determined by the Department in consultation with the Traffic Engineer. (2) Credits authorized pursuant to this section shall be applicable to the particular mode from which the transportation improvement project was derived. Credit may be transferred to other landowners or developers for payment of a mobility fee within the same Mobility Zone. (3) The credit authorized in subsection (f), for providing real estate for an MSPP or a qualified Proposed Mobility improvement project shall be equal to the value of the eligible qualified land donated, based on the established value by the appraisal of an MAI appraiser. The landowner or developer and the City of Jacksonville Public Works Department shall mutually agree upon the appraiser and the scope of work of the appraisal assignment prior to the appraisal being performed. The Public Works Department's agreement shall be evidenced by a memorandum or letter executed by the Real Estate Officer, applicable Division Chief or the Director of the Public Works Department. The Public Works Department shall be the client, but the cost of the appraisal shall be borne by the entity proposing to provide the real estate. (4) If a landowner or developer constructs an MSPP from the list of safety design measures within a Safety Concern Area in their Mobility Zone, then that project shall receive a credit at a bonus ratio of 1.2/1.0 of the cost of the improvement, up to the value of the mobility fee. Safety Concern Areas are based upon concentrated locations of severe and fatal collisions and are graphically depicted in Map XX. (5) Mobility fee credit of up to $250,000 may be approved administratively for a completed MSPP. Credit of $250,000 and above for an MSPP and for any qualified Proposed Mobility Project requires City Council approval as part of a Mobility Fee Contract. (6) Any improvement or land associated with an improvement that is required for a development's minimum transportation and traffic operation or circulation, including for bike and pedestrian movement, applicable to a development order, pursuant to federal, state or local laws or regulations, including but not limited to the Land Development Procedures Manual, shall not be considered as eligible or qualified for credit pursuant to this Part. (7) A Proposed Corridor Mobility Project shall receive credit subject to the following:

10 (A) a traffic study, as reviewed and approved by the Department, must show that the proposed corridor transportation facility will improve the volume to capacity ( v/c ) ratio of a failing road (i.e. a road that has a v/c ratio of 1.0 or greater) that is located within one-half (1/2) mile; and (B) the credit allowed shall be equal to the percentage of the improvement of the v/c ratio of the failing road, up to a maximum of 50%. In other words, if the failing road v/c ratio is 1.2 (120% of capacity of the road) and the proposed facility improves the volume on the failing road by removing 10% of the volume such that the failing road is now only 110% of capacity, then the credit to the proposed facility would be 10% of the cost of the proposed facility as calculated pursuant to Sec (c)(1). (8) A landowner or developer who receives credit that has been transferred through the CMMSO from another project within the same Mobility Zone shall receive 100% of that credit. (d) (e) (f) Timing of credit. The costs shall be deemed incurred and credit shall be provided pursuant to this section when a contract for the construction of the entire MSPP or qualified Proposed Mobility Project is awarded, and a payment and performance bond, or other form of security approved by the Office of General Counsel, is provided to the City to guarantee the funding of the facilities and/or projects. The City shall be a co-obligee under the bond or other form of security. Public Works Department review. All transportation improvement projects MSPP and qualified Proposed Mobility Projects shall be approved by the Public Works Department prior to, and after construction to verify completion and fulfillment of any mobility fee requirements. Right-of-way donation Real property provided for MSPP. A landowner or developer may receive credit in the Mobility Zone(s) for donating providing eligible land within the same Mobility Zone(s), if the land is necessary for an applicable transportation improvement project. MSPP or qualified Proposed Mobility Project. However, no credit shall be given and eligibility shall not be established for the donation of any portion of land which would be required to be donated or dedicated for a development's minimum transportation and traffic circulation design standards applicable to the development's standard access management, pursuant to federal, state or local laws or regulations, including but not limited to the Land Development Procedures Manual. TABLE 1 - PRIORITIZED PROJECT LIST TABLE 2 - PROJECT EVALUATION AND PRIORITIZATION LIST TABLE 3 - COMMITTED PROJECT LIST TABLE 4 - BICYCLE MODE PROJECT SUMMARY LIST TABLE 5 - PEDESTRIAN MODE PROJECT SUMMARY LIST

11 Sec Mobility fee contract. (c) (d) After a landowner or developer has obtained a mobility fee calculation certificate or expedited mobility fee calculation certificate for proposed development of property, the landowner or developer may apply to the Planning and Development Department to enter into Mobility Fee Contract - Administrative wherein the owner or developer of property desires to memorialize an agreement between the City and the landowner or developer concerning a mobility fee, including, but not limited to any arrangement for credits as set forth in Section and Section , establishment a payment schedule of the mobility fee according to a phased development pattern, and/or to memorialize credits against future mobility fee payments for the demolition of any structure or use on the subject property. The CMMSO shall review the Mobility Fee Contract - Administrative application for sufficiency and upon finding the Mobility Fee Contract - Administrative application sufficient, deliver the application fee as found in to the Tax Collector and transmit the contract to the Division for review. The Division shall determine the applicable mobility fee payment schedule based upon the mobility fee calculated for the development, the mix of uses and the proposed development phasing schedule and any other relevant criteria. Once the Division has determined the applicable mobility fee payment schedule, the Division shall forward the contract to the Director for review and approval and execution. The Mobility Fee Contract - Administrative shall be in a form approved by the Office of General Counsel and shall include the following: (1) A legal description of the land subject to the Mobility Fee Contract - Administrative and the names and addresses of all of the legal and equitable owner(s) as well as the developer(s), if any, of the land; (2) The duration and effective date of the Mobility Fee Contract - Administrative; (3) The proposed land uses or development uses permitted on the land pursuant to the then current Institute of Transportation Engineers ( ITE ) codes, (4) Future Land Use Map series (FLUMs) designation according to the Comprehensive Plan and current zoning; (5) A written description of the intended plan of proposed development; and (6) A site development plan for the land subject to the Mobility Fee Contract - Administrative. After the Director has executed the Mobility Fee Contract - Administrative, the CMMSO shall record a short form of the fully executed contract in the public records within five calendar days of its receipt of same. Notwithstanding, any (e) Any Mobility Fee Contract which includes any credit for any Proposed Mobility Project not identified in the 2030 Mobility Plan or in CIE of the 2030 Comprehensive Plan as set forth in Section , Ordinance Code, shall require City Council review and approval prior to the Director executing such Mobility Fee Contract.

12 (Ord E, 1; Ord E, 2; Ord E, 28) Sec Mobility plan working group. Every five years after the effective date of Ordinance E, the Planning and Development Department shall evaluate the 2030 Mobility Plan Mobility System and this Chapter with respect to the implementation of the 2030 Mobility Plan Mobility System. The Planning and Development Department shall present a report containing the evaluation and recommendations of appropriate amendments to the 2030 Mobility Plan which shall now be referred to as the Mobility System and this Chapter to the Mobility Plan Working Group now referred to as the Mobility System Working Group.. The Mobility Plan System Working Group shall be comprised of seven members, with one City Council member appointed by the City Council President, two lay citizens appointed by the City Council President, three lay members appointed by the Mayor, and one lay member appointed jointly by the Mayor and the City Council President. The lay member appointed jointly by the Mayor and the City Council President shall serve as the Chair of the Mobility Plan System Working Group. The Mobility Plan System Working Group shall also elect a Vice-Chair from among its membership. The Mobility Plan System Working Group shall provide the Mayor and the Council with recommendations for action by the legislative and executive branches of government within ninety days after the Mobility Plan System Working Group's receipt of the report. All members shall serve until the City Council takes final action on the recommendations. Unless otherwise set forth herein, the Mobility Plan System Working Group shall be subject to Chapter 50, Ordinance Code. Sec Private primary and secondary educational schools exemption. Private primary and secondary educational schools, including any on-site ancillary facilities, shall be exempt from the payment of the mobility fee and the requirements of this Part. Sec Credit for trip reduction adjustments. If a developer or landowner, has excess credits above his or her mobility fee due to the application of the Trip Reduction Adjustments described referenced in Section (e), and described in the CMMS Handbook, the developer or landowner may use those credits on the property or transfer those credits to other properties or other developers or landowners to offset a mobility fee payment within the same Development Area and same Mobility Zone.

13 Sec Outstanding development agreement or fair share assessment contract obligations. A landowner or developer who has a delinquent or past due obligation set forth in a development agreement or fair share assessment contract, shall satisfy such obligation or cancel the development agreement, pursuant to Section , Ordinance Code, or fair share assessment contract, pursuant to Section , Ordinance Code, prior to being able to develop property pursuant to this Part.