0966 Proportionate Fair Share TransportationORDINANCE NO. 966
AN AMENDMENT TO THE CITY OF OKEECHOBEE LAND DEVELOPMENT
CODE CREATING THE CITY OF OKEECHOBEE PROPORTIONATE FAIR
SHARE TRANSPORTATION ORDINANCE; CREATING ARTICLE V OF CODE
BOOK CHAPTER 78 DEVELOPMENT STANDARDS; PROVIDING FOR SHORT
TITLE, AUTHORITY AND APPLICABILITY; PROVIDING FOR INTENT AND
PURPOSE, PROVIDING FOR DEFINITIONS; PROVIDING FOR RULES OF
CONSTRUCTION; PROVIDING FOR GENERAL REQUIREMENTS,
APPLICATION PROCESS, AND DETERMINATION OF PROPORTIONATE FAIR
SHARE OBLIGATION; PROVIDING FOR TRANSPORTATION FACILITIES AND
IMPACT FEE CREDIT, PROVIDING FOR PROPORTIONATE FAIR SHARE
AGREEMENTS; PROVIDING FOR APPROPRIATION OF FAIR SHARE
REVENUES; PROVIDING FOR CONFLICTS OF LAW, SEVERABILITY,
CODIFICATION, SCRIVENER'S ERRORS, INCLUSION AND CODE AND AN
EFFECTIVE DATE.
WHEREAS, in 2005 the Florida Legislature adopted Senate Bill 360 to require local governments
to adopt Proportionate Fair Share Transportation Ordinances; and
WHEREAS, City Council is required to adopt a Fair Share Transportation ordinance in order to
be in compliance with Florida Statutes Chapter 163.3180; and
WHEREAS, the purpose of this ordinance is to address development within the City of
Okeechobee that impact a road segment where the road segment has failed to achieve
transportation concerns and by having a level of service below that adopted in the City of
Okeechobee Comprehensive Plan; and
WHEREAS, it is the City's interest to have this ordinance in order for effective growth
management.
NOW, THEREFORE, it is ordained before the City Council for the City of Okeechobee, Florida;
presented at a duly advertised public meeting; and passed by majority vote of the City
Council; and properly executed by the Mayor or designee, as Chief Presiding Officer for
the City:
SECTION ONE: CITY OF OKEECHOBEE LAND DEVELOPMENT CODE CHAPTER
SUBSECTION B.
The City of Okeechobee Land Development Code Chapter 78, Article V, Section 201
through 210 is hereby created, as follows:
ARTICLE V. PROPORTIONATE FAIR SHARE TRANSPORTATION
Section 78 -201. Short title, authority, applicability.
A. This sub chapter shall be known and may be cited as the "City of Okeechobee
Proportionate Fair Share Transportation Ordinance."
B. The City Council is required to adopt this sub chapter in accordance with the
provisions of Florida Statutes Chapter 163.3180(16).
C. The provisions of this sub chapter shall apply to all developments within the City of
Okeechobee that impact a road segment where the road segment has failed to
achieve transportation concurrency by having a level of service below that adopted
in the City of Okeechobee Comprehensive Plan.
Page 1 of 7
D. This sub chapter shall not apply to multi -use Developments of Regional Impacts
(DRIs) or to developments exempted from concurrency or to developments creating
minimum impacts.
Section 78 -202. Intent and purpose.
The purpose and intent of this sub chapter 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.
Section 78 -203. Definitions.
For the purpose of this sub chapter, the following definitions shall apply unless the context
clearly indicates or requires a different meaning.
Capital Improvements. The outlay of capital dollars for the planning of, engineering for,
acquisition of land for, and construction of roads, turn lanes, intersection improvements
and signalization, but does not include maintenance.
Community Investment Plan (CIP). The outlay of capital dollars for the planning of
engineering for, acquisition of land for, and construction of roads, turn lanes.
Developer. Any person, corporation partnership, association, trust, estate, business trust,
agency, two (2) or more persons having a joint or common interest, governmental entity,
or any other entity undertaking the development of land.
Fair Share Transportation Facilities Impact Fee or Impact Fee. The fee required to be paid
in accordance with the terms of the City of Okeechobee Fair Share Transportation
Facilities Impact Fee Ordinance.
Land. The earth, water, and air above, below, or on the surface, and includes any
improvements or structures customarily regarded as land.
Land Development Activity Generating Traffic. The carrying out of any building activity or
the making of any material change in the use of any structure or land that attracts or
produces vehicular trip(s) over and above that produced by the existing land development
activity, and consequently places an additional demand on the major road network system.
Level of Service. A qualitative measure that represents the collective factors of speed,
travel time, traffic interruption, freedom to maneuver, safety, driving comfort and
convenience, and operating costs provided by a highway facility under a particular volume
condition. Levels of service vary from A -to F. "Level of service C" shall mean a roadway
condition as determined and established by the Florida Department of Transportation's
2002 Quality /Level of Service Handbook.
Major Road Network System. All arterial and collector roads within the City, including
proposed arterial and collector roads necessitated by new land development activity
generating traffic.
Noncommencement. The cancellation of construction activity that is proposed to make a
material change in a structure or land.
Person. An individual, developer, corporation, governmental agency, business trust, estate,
trust, partnership, association, two (2) or more persons having a joint or common interest,
or any other entity.
Section 78 -204. Rules of construction.
In the construction of this sub chapter, the rules set out in this section shall be observed
unless such construction is inconsistent with the manifest intent of the City Council. The
rules of construction and definitions set out herein shall not be applied to any section of this
sub chapter which contains any express provisions excluding such construction or where
the subject matter or content of such section would be inconsistent with this section.
Page 2 of 7
A. Generally. All provisions, terms, phrases, and expressions contained in this sub-
chapter shall be liberally construed in order that the true intent and meaning of the
City Council may be fully carried out. Terms used in this sub chapter, unless
otherwise specifically provided, shall have the meanings prescribed by the Florida
Statutes for the same terms.
B. Text. In case of any difference of meaning or implication between the text of this
sub chapter and any figure, the text shall control.
C. Delegation of authority. Where there is a provision requiring the head of a
department or some other city officer to do some act or to perform some duty, it is
to be construed to authorize that person to delegate professional level subordinates
to perform the duty, unless the terms of the provision or section specify otherwise.
D. Gender. Words of the masculine gender shall be construed to include the feminine
and vice versa.
E. Day. A calendar day.
F. Nontechnical and technical words. Words and phrases shall be construed according
to the common and approved usage of the language, but technical words and
phrases and such others as may have acquired a peculiar and appropriate meaning
in law shall be construed and understood according to such meaning.
G. Number. A word of the singular number only, may extend and be applied to several
persons and things as well as to one (1) person and thing. The use of the plural
number shall be deemed to include any single person or thing.
H. Shall. may. "Shall" is mandatory; "may" is permissive.
L. Tense. Words used in the past tense include the future as well as the past or
present.
J. Written or in writing. Any representation of words, letters or figures whether by
printing or otherwise.
K. Year. A calendar year unless a fiscal year is indicated.
Section 78 -205. General requirements.
A. A developer may choose to satisfy the transportation concurrency requirements of
the City of Okeechobee by making a proportionate fair share contribution, pursuant
to the following requirements.
1. The proposed development is consistent with the Comprehensive Plan and
applicable Land Development Regulations; and
2. The City of Okeechobee's five (5) year Community Investment Program
(CIP) includes a transportation capital improvement that, upon completion,
will accommodate additional traffic generated by the proposed development.
B. The City may choose to allow a developer to satisfy transportation concurrency
requirements by making a proportionate fair share contribution by contributing to an
improvement, that upon completion, will accommodate additional traffic, generated
by the proposed development, but is not contained in the five (5) year CIP, where
one of the following conditions apply:
1. The City adds the improvement to the five (5) year CIP no later than the next
regular capital improvements update of the Comprehensive Plan, provided
that the improvement is financially feasible as defined by Florida Statutes
§163.3180(16)(b)(1); or,
Page 3 of 7
2. If the funds in the five (5) year CIP are insufficient to fully fund the
construction of the improvement, the City may enter into a proportionate fair
share agreement with the developer authorizing construction of that amount
of development on which the proportionate fair share amount 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 Council,
significantly benefit the impacted transportation system, provided that
improvement(s) is (are) adopted into the five (5) year CIP no later than the
next regular capital improvements update of the Comprehensive Plan.
C. Any transportation capital improvement proposed to meet the developer's
proportionate fair share obligation must meet the design standards of the City of
Okeechobee for City- maintained roads and the design standards of the applicable
governmental entity for all other roads.
Section 78 -206. Application process.
A. A developer who shall commence any land development activity generating traffic
which results in a failure of a road segment to achieve transportation concurrency
may apply to the City for a proportionate fair share agreement.
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 other relevant issues. If the road
segment that has failed to achieve transportation concurrency is on the Strategic
Intermodal System, the Florida Department of Transportation shall be requested to
participate in the pre application meeting.
C. Procedures for review of application for proportionate fair share agreement.
1. The developer shall submit an application to the City Administrator or
designee that includes a non refundable application fee of $5,000.00 and the
following:
a) Name, address and contact information of the developer;
b) A drawing and legal description of the land;
c) Phasing schedule;
d) Description of the requested fair share mitigation;
e) If the requested fairshare mitigation involves a road segment on the
Strategic Intermodal System (SIS), evidence of concurrence from the
Florida Department of Transportation.
f) Traffic study performed by a licensed traffic engineer demonstrating
failure of road segment to achieve transportation concurrency.
2. Within twenty (20) days of receipt of the application, the City Administrator
or designee shall review the application to determine if the application is
complete. If it is determined that the application is not complete, the City
Administrator or designee shall send a written statement to the developer
delineating the deficiencies. If such deficiencies are not remedied by the
developer within thirty (30) days of receipt of the written notification, then the
application shall be deemed abandoned. The City Administrator or designee,
in his or her sole discretion, may grant an extension to cure such
deficiencies, provided the developer has shown good cause for the extension
and has taken reasonable steps to effect a cure.
3. Once the City Administrator or designee determines the application is
complete, he shall provide written notification of such to the developer and
forward the application to the City Attorney who shall, within thirty (30) days,
draft a proportionate fair share agreement for consideration by the City
Council at a meeting no later than sixty (60) days from the date at which the
developer received the notification that the application was complete.
Page 4 of 7
4. No proportionate fair share agreement shall be effective until approved by
the City Council.
Section 78 -207. Determination of proportionate fair share obligation.
A. Proportionate fair share mitigation includes without limitation, separately or
collectively, private funds, contributions of land and contribution of transportation
facilities.
B. The methodology used to calculate a developer's proportionate fair share obligation
shall be as provided for pursuant to Florida Statutes §163.3180(12), and as
represented by the following formula:
Where:
Development Trips Those trips from the development that are assigned to
roadway segment.
SV Increase Service Volume increase provided by the improvement to roadway
segment.
Cost Adjusted cost of the improvement.
C. For the purposes of determining proportionate fair share obligations, improvement
costs shall be based upon the actual cost of the improvement as obtained from the
CIP, the Okeechobee County MPO Transportation Improvement Program, or the
Florida Department of Transportation Work Program. Where such information is not
available, the improvement cost shall be determined using one of the following
methods:
1. An analysis by the City Administrator or designee of costs, adjusted by the
Florida Department of Transportation Price Trends Index from the previous
year, by cross section type that incorporates date from recent projects; or,
2. The most recent issue of Florida Department of Transportation
"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.
D. If the City has accepted an improvement project proposed by the developer, then
the value of the improvement shall be determined using one of the methods
provided in this Section.
E. If the City has accepted right -of -way dedication for the proportionate fair share
payment, credit for the dedication of the non -site related right -of -way shall be valued
on the date of the dedication at one hundred and twenty percent (120 of the most
recent assessed value by the Okeechobee County Property Appraiser or, at the
mutual agreement of the City and the developer, by fair market value established
by an independent appraisal approved by the City and at no expense to the City.
The developer shall supply 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 developer is less than the City estimated total proportionate fair
share obligation for that development, then the developer must also pay the
difference.
Section 78 -208. Transportation facilities impact fee credit.
A. Proportionate fair share mitigation shall be applied as a credit against impact fees.
Credits will be given for that portion of the impact fees that would have been used
to fund the improvements on which the proportionate fair share contribution is
calculated. Additionally, if the proportionate fair share contribution is based on only
a portion of the development's traffic, the credit will be limited to that portion of the
impact fees on which the proportionate fair share contribution is based.
Page 5 of 7
B. At the time the proportionate fair share obligation is being determined, the City will
also compute the transportation facilities impact fee obligation for the proposed
development. If the developer's proportionate fair share obligation is Tess than the
development's anticipated total transportation facilities impact fee, then the
developer must pay the difference to the City.
Section 78 -209. Proportionate fair share agreements.
A. Should the developer fail to apply for a building permit within one (1) year of the
date of execution of the proportionate fair share agreement, then the agreement
shall be considered null and void, and the developer shall be required to reapply in
accordance with the provisions of this sub chapter.
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 one (1) year 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 Determination
of Proportionate Fair Share Obligation, and adjusted accordingly.
C. Developer improvements authorized under this sub chapter involving dedications
to the City must be completed upon final acceptance of the improvements on
receipt of a warranty bond. The form of the warranty bond shall be approved by the
City Attorney.
D. Developer improvements authorized under this sub chapter not involving
dedications to City must be completed upon recording of a final plat or upon
issuance of a certificate of occupancy, whichever event first occurs.
E. Any requested change to a development project subsequent to a development order
will be subject to additional proportionate fair share contributions to the extent the
change would generate additional traffic.
F. A developer 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
to the City will be non refundable.
Section 78 -210. Appropriation of fair share revenues.
A. All proportionate fair share revenues shall be placed in the appropriate project
account for funding of scheduled improvements in the CIP, or for use as otherwise
established in the terms of the proportionate full share agreement.
B. In the event a scheduled transportation facility improvement is removed from the
CIP, then the revenues collected for its construction shall be applied toward the
construction of another improvement within the same corridor that would mitigate
the impacts of development, as determined by the City Council.
SECTION TWO: CONFLICTS.
Whenever the requirements or provisions of this amending ordinance are in conflict with
the requirements or provisions of any other lawfully adopted ordinance or statute, the most
restrictive requirements shall apply.
SECTION THREE: SEVERABILITY.
If any part, section, subsection, or other portion of this Ordinance or any application thereof
to any person or circumstance is declared void, unconstitutional or invalid for any reasons,
such part, section, subsection, or other portion or the prescribed application thereof, shall
be severable, and the remaining provisions of this Ordinance, and all applications thereof
not having been declared void, unconstitutional or invalid, shall remain in full force and
effect. The City declares that no invalid or prescribed provision or application was an
Page 6 of 7
inducement to the enactment of this Ordinance, and that it would have enacted this
Ordinance regardless of the invalid or prescribed provision or application.
SECTION FOUR: CODIFICATION, INCLUSION IN CODE AND SCRIVENER'S
ERRORS.
It is the intention of the City Council for the City of Okeechobee that the provisions of this
ordinance shall become and be made a part of the Okeechobee City Code; and that
sections of this ordinance may be renumbered or relettered and that the word "ordinance"
may be changed to "section," "article, or such other appropriate word or phrase in order to
accomplish such intention; and regardless of whether such inclusion in the code is
accomplished, sections of this ordinance may be renumbered or re- lettered and
typographical errors which do not affect the intent may be authorized by the City
Administrator, or the City Administrator's designee, without need of public hearing, by filing
a corrected or recodified copy of same with the City Clerk.
SECTION FIVE: EFFECTIVE DATE.
The effective date of this ordinance shall be thirty (30) days from its adoption date.
SECTION SIX: REVIEW BY LOCAL PLANNING AGENCY.
The proposed ordinance amending the City of Okeechobee Land Development
Regulations was reviewed by the City of Okeechobee Planinng Board as the City's Local
Planning Agency on December 19, 2006 as a duly advertised public meeting. A
recommendation of approval and consistency with the Comprehensive Plan was rendered
by the Board.
INTRODUCED for first reading and set for final public hearing this 5th day of December, 2006.
Ja es E. Kirk, Mayor
Lane Gamiot-a, CMC, City Clerk
PASSED and ADOPTED on second and final public hearing this 2 day of January, 2007.
ATTEST:
Lane Gamiotta, CMC, City Clerk
REVIEWED FOR LEGAL SUFFICIENCY:
11,
Jcp,
John R. Cook, City Attorney
Page 7 of 7
James E. Kirk, Mayor
FLORIDA DEPARTMENT Of STATE
CHARLIE CRIST STATE LIBRARY AND ARCHIVES OF FLORIDA
Governor
January 22, 2007
Ms. Lane Gamiotea, CMC
City Okeechobee
55 S.E. Third Avenue
Okeechobee, Florida 34974 -2932
Dear Ms. Gamiotea:
This will acknowledge receipt of your letter dated January 17, 2007 and copy of Ordinance No.
966, providing proportionate fair share transportation, which was filed in this office on January
22, 2007.
Sincerely,
Liz Cloud
Program Administrator
LC /jru
COMMUNITY DEVELOPMENT
850.245.6600 FAX: 850.245.6643
LEGISLATIVE LIBRARY SERVICE
850.488.2812 FAX: 850.488.9879
DIRECTOR'S OFFICE
R.A. Gray Building 500 South Bronough Street Tallahassee, Florida 32399 -0250
850.245.6600 FAX: 850.245.6735 TDD: 850.922.4085 http: /dlis.dos.state.fl.us
STATE LIBRARY OF FLORIDA
850.245.6600 FAX: 850.245.6744
RECORDS MANAGEMENT SERVICES
850.245.6750 FAX: 850.245.6795
KURT S.
BROWNING
Secretary of State
STATE ARCHIVES OF FLORIDA
850.245 6700 FAX: 850.488.4894
ADMINISTRATIVE CODE AND WEEKLY
850.245.6270 FAX: 850.245.6282
by
PUBLIC HEARING NOTICE
CITY COUNCIL
The City of Okeechobee CITY COUNCIL will meet in the Council Chambers on Tuesday, January 2, 2007 at
6:00 p.m., or as soon thereafter, to consider the following:
Ordinance No. 966: AN AMENDMENT TO THE CITY OF OKEECHOBEE LAND DEVELOPMENT
CODE CREATING THE CITY OF OKEECHOBEE PROPORTIONATE FAIR SHARE
TRANSPORTATION ORDINANCE; CREATING ARTICLE V OF CODE BOOK CHAPTER 78
DEVELOPMENT STANDARDS; PROVIDING FOR SHORT TITLE, AUTHORITY AND
APPLICABILITY; PROVIDING FOR INTENT AND PURPOSE, PROVIDING FOR DEFINITIONS;
PROVIDING FOR RULES OF CONSTRUCTION; PROVIDING FOR GENERAL
REQUIREMENTS, APPLICATION PROCESS, AND DETERMINATION OF PROPORTIONATE
FAIR SHARE OBLIGATION; PROVIDING FOR TRANSPORTATION FACILITIES AND IMPACT
FEE CREDIT, PROVIDING FOR PROPORTIONATE FAIR SHARE AGREEMENTS; PROVIDING
FOR APPROPRIATION OF FAIR SHARE REVENUES; PROVIDING FOR CONFLICTS OF
LAW, SEVERABILITY, CODIFICATION, SCRIVENER'S ERRORS, INCLUSION AND CODE
AND AN EFFECTIVE DATE.
IN Ordinance No. 967: AN ORDINANCE OF THE CITY OF OKEECHOBEE IN AND FOR THE CITY
OF OKEECHOBEE, FLORIDA, AMENDING CHAPTER 38 OF THE CITY OF OKEECHOBEE
CODE OF ORDINANCES BY PROVIDING DEFINITIONS RELATING TO SEXUAL
OFFENDERS; ESTABLISHING RESIDENCE RESTRICTIONS FOR CERTAIN SEXUAL
OFFENDERS FROM SCHOOLS, CHILD CARE FACILITIES, OR PUBLIC PARKS AND
PROVIDING FOR EXCEPTIONS; PROHIBITING MULTIPLE SEXUAL OFFENDERS FROM
RESIDING TOGETHER IN THE SAME DWELLING UNIT OR WITHIN THE SAME MULTI-
FAMILY RESIDENTIAL USE; PROHIBITING THE ESTABLISHMENT OF A REHABILITATION
FACILITY, HALF -WAY HOUSE, CAMP, RETREAT OR OTHER SIMILAR LODGING FOR
SEXUAL OFFENDERS OR NON SEXUAL OFFENDERS UNLESS PERMITTED BY ZONING
DISTRICTS OR AS A SPECIAL EXCEPTION WITHIN THE HEAVY COMMERCIAL, OR
INDUSTRIAL ZONING CLASSIFICATIONS; PROHIBITING THE LEASING OF REAL
PROPERTY TO SEXUAL OFFENDERS IN VIOLATION OF CHAPTER 38 OF THE CITY OF
OKEECHOBEE CODE OF ORDINANCES; REQUIRING PROSPECTIVE LANDLORDS TO
CHECK SEXUAL OFFENDER REGISTRY; LIMITING ACCESS OF SEXUAL OFFENDERS TO
PUBLIC PARKS AND CHILD CARE FACILITIES; PROVIDE FOR A SPECIAL EXCEPTION
FOR A REHABILITATION FACILITY, HALF -WAY HOUSE, CAMP, RETREAT OR OTHER
SIMILAR LODGING FOR SEXUAL OFFENDERS AND NON SEXUAL OFFENDERS;
PROVIDING TO ADD A SPECIAL EXCEPTION FOR BOARDING HOUSES AND ROOMING
HOUSES; PROVIDING FOR PENALTIES, CODIFICATION, SEVERABILITY AND AN
EFFECTIVE DATE.
PLEASE TAKE NOTICE AND BE ADVISED that if any person desires to appeal any decision made by the City Council with
respect to any matter considered at this hearing, such interested person will need a record of the proceedings, and for
such purpose may need to ensure a verbatim record of the proceedings is made, which record includes the testimony
and evidence upon which the appeal is to be based.
In accordance with the Americans with Disabilities Act (ADA) and Florida Statute 286.26, persons with disabilities needing
special accommodation to participate in this proceeding should contact Lane Gamiotea no later than two (2) working
days prior to the proceeding at 863 763 -4423; if you are hearing or voice impaired, call TDD 1 -800- 222 -3448 (voice) or
1 -888- 447 -5620 (TTY).
f
Azt -L{ i' (W
James E. Kirk, Mayor
Lane Gamiotea CMC, City Clerk
Proportionate Fair -Share Program
Mitigation of Transportation Impacts
oD!
CFRPC
Proportionate Transportation Fair -Share
Program
Why this is required?
o SB 360 in 2005
Development community wanted option
to pay and go
Deadline for adoption of ordinance
December 1, 2006 (at least by December 31)
Actions to Implement
Memorandum of Understanding on the
Implementation of a Uniform Transportation
Concurrency Management System and Proportionate
Fair -Share Program for Okeechobee County
County, City, CFRPC FDOT
Uniform Ordinance for Transportation Proportionate
Fair -Share Mitigation
J Both the City and the County adopt their own ordinance
CFRPC
Fair -Share Payment:
Proportionate Fair Share E[((Development Trips (SV Increase,)] s Cost]
Amount of road capacity consumed by the new
development multiplied by the cost of providing the
capacity
2
Impact Fee Credit:
¢I Impact fee credits (some) must be given
against the proportionate share payment.
How impact fee credits are given will vary by
local government because each
transportation impact fee is based upon a
different study and methodology.
u Proportionate Share should never be less
than impact fee.
Proportionate Transportation Fair -Share
Program
Summary Points:
ig Proportionate Share only applies when:
There is a Concurrency failure
Level of Service falls below the standard set in the
Comprehensive Plan
The Developer volunteers to pay
The additional funding is available from other
sources
Proportionate Transportation Fair -Share
Program
Summary Points:
E Local governments can still use Developer
Agreements
w A School Proportionate Fair -Share Ordinance
will be due by December 1, 2007
Proportionate Transportation Fair -Share
Program
CFRPC's Role Options:
Coordinate with County city to adopt ordinance
Party to Memorandum of Understanding
Develop Concurrency Management System
(CMS)
Update Transportation Element
Options:
manage concurrency management system
transportation reviews of all develop approvals
December 27, 2006
Mr. Bill Royce
Okeechobee County Planning District
499 Northwest 5th Avenue
Okeechobee, Florida 34972
o
Dear Mr. F 6yce,
Enclosed herewith please find (2) Memorandum of Understanding Agreements and a
copy of Ordinance No. 966. Please sign both agreements and forward (1) one back to
the Office of the City Clerk in the provided enclosed envelope. One agreement is for
you records. Should you require any additional information please contact my office at
(863) 763 -3372 ext. 215. With best regards, I am
Sincerely,
Lane afhiotea, CMC
City Clerk
City of Okeechobee
Enclosures
LG /me
cc w /enclosure: Brian Whitehall, City Administrator
55 S.E. Third Avenue Okeechobee, Florida 34974 -2932 (863) 763 -3372 Fax: (863) 763 -1686
Office of the City Clerk
December 27, 2006
Ms. Helen Sears
Central Florida Regional Planning Council
555 East Church Street
Bartow, Florida 33830
Dear Ms. Sears,
Enclosed herewith please find the Memorandum of Understanding Agreement and
Ordinance No. 966. These are for you records. Should you require any additional
information please contact my office at (863) 763 -3372 ext. 215. With best regards, I
am
Sincerely,
City of Okeechobee
b/Cbt
doadpiaec
Lane Gamiotea, CMC
City Clerk
Enclosures
LG /me
cc w /enclosure: Brian Whitehall, City Administrator
55 S.E. Third Avenue Okeechobee, Florida 34974 -2932 (863) 763 -3372 Fax: (863) 763 -1686
Office of the City Clerk
December 27, 2006
Department of Transportation
Post Office Box 1249
Bartow, Florida 33830
To Whom It May Concern:
Enclosed herewith please find the Memorandum of Understanding Agreement and
Ordinance No. 966. These are for you records. Should you require any additional
information please contact my office at (863) 763 -3372 ext. 215. With best regards, I
am
Sincerely,
Lane Gamiotea, CMC
City Clerk
City of Okeechobee
Enclosures
LG /me
cc w /enclosure: Brian Whitehall, City Administrator
55 S.E. Third Avenue Okeechobee, Florida 34974 -2932 (863) 763 -3372 Fax: (863) 763 -1686
Office of the City Clerk
MEMORANDUM OF UNDERSTANDING ON THE IMPLEMENTATION OF A
UNIFORM TRANSPORTATION CONCURRENCY MANAGEMENT SYSTEM
AND PROPORTIONATE FAIR -SHARE PROGRAM
FOR OKEECHOBEE COUNTY
THIS AGREEMENT is made and entered into this day of
by and between the CENTRAL FLORIDA REGIONAL
PLANNING COUNCIL, FLORIDA DEPARTMENT OF TRANSPORTATION,
OKEECHOBEE COUNTY and the CITY OF OKEECHOBEE.
WHEREAS, Section 163.3180, Florida Statutes, requires each Local
government to adopt by ordinance a methodology kg' assessing transportation
proportionate fair share mitigation options, and the deadline for enacting such
ordinance is December 1, 2006; and
WHEREAS, the Central Florida Regional Planning Council (CFRPC)
develops and maintains a Strategic Regional Policy Plan that addresses
transportation resources within the subject region; and
WHEREAS, the CFRPC provides assistance to local governments to meet
comprehensive planning requirements; and
WHEREAS, the Florida Department of Transportation (FDOT) designates
and maintains a Strategic Intermodal System (SIS) to meet statewide and
regional travel needs; and
WHEREAS, any mitigation for development impacts to facilities on the
Strategic Intermodal System requires the concurrence of the FDOT; and
WHEREAS, travel patterns and the traffic impacts associated with new
development cross jurisdictional boundaries; and
WHEREAS, the parties agree that a coordinated approach is needed to
address transportation concurrency and is required for the successful
implementation of a Transportation Proportionate Fair -Share Program; and
WHEREAS, the successful application of a proportionate fair -share
mitigation methodology requires consistent level of service standards and
transportation data such as highway service volumes and cost estimates.
NOW, THEREFORE, in consideration of the mutual promises and
covenants contained herein, the PARTIES agree to:
1
Central Florida Regional Planning Council
1. Assist in coordination and review of any Transportation
Proportionate Fair -Share Applications including coordination with
FDOT; and
2. Provide optional fee -based services, if requested, for technical
assistance to local governments in the following areas:
a. Update of the Transportation Elements of Local
Government Comprehensive Plans.
Adoption and application of Transportation Level -of-
Service (LOS) Standards to meet transportation
concurrency requirements.
c. Review of traffic studies for proposed development
projects.
d. Identification of anticipated traffic volumes from approved
residential and non residential projects.
Local Governments
1. Adopt and maintain Level -of- Service Standards for the Major Road
Network.
2. Provide information on the anticipated traffic impacts associated
with approved residential and non residential projects.
3. If the project traffic for a proposed development will impact or
create a deficient roadway segment or intersection that is
maintained by another jurisdiction, then the permitting jurisdiction
will coordinate with the maintaining jurisdiction regarding the need
or applicability for proportionate fair -share mitigation of project
traffic.
4. Provide all funds collected through proportionate fair -share
mitigation to the maintaining jurisdiction for the subject
transportation facility. This funding will be provided in a timely
manner that is consistent with the funding requirements for the
subject transportation improvements.
5. Coordinate with, and seek the concurrence of, the Florida
Department of Transportation on any mitigation to state facilities.
2
Florida Department of Transportation
1. Provide information and technical assistance regarding travel
conditions on SIS facilities and any related improvements proposed as
part of Transportation Proportionate Fair -Share Mitigation.
2. In cooperation with local governments, establish a procedure for
obtaining FDOT concurrence on the mitigation of traffic impacts to SIS
facilities.
In WITNESS WHEREOF, the PARTIES herein have executed this Agreement by
their duly authorized officials as of the day and year above written.
Signed, Sealed and Delivered in the presence of:
BOARD OF COUNTY COMMISSIONERS CITY OF OKEECHOBEE,
OF OKEECHOBEE COUNTY, FLORIDA
BY: BY:
CHAIRMAN
ATTEST: ATTEST: "1/ 'f
COUNTY CLERK 0/5 /c CI CLERK
CENTRAL FLORIDA FLORIDA DEPARTMENT OF
TRANSPORTATION
REGIONAL PLANNING COUNCIL
BY: BY:
CHAIRMAN DISTRICT SECRETARY
ATTEST:
ATTORNEY ATTEST:
EXECUTIVE SECRETARY
3
MAYOR
LEGAL REVIEW:
DISTRICT GENERAL COUNSEL