Transportation Concurrency Workshop

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Transportation Concurrency Workshop

• Pasco County, Florida
• September 19, 2006

Prepared by Tindale-Oliver Associates, Inc.
COPR Tindale-Oliver and Associates, Inc. 09/19/06
2
Overview

• Discussion topics
• What Concurrency is
• Recent Amendments to Concurrency law -- Chap 163,
  FS (SB 360)
• LDC Amendments by December 1, 2006
• Changes to Pascos Concurrency Process
• Proportionate-Share Mitigation

3
Concurrency

• transportation facilities needed to serve new
  development shall be in place or under actual
  construction within 3 years after the local
  government approves a building permit or its
  functional equivalent that results in traffic
  generation. (F.S.163.3180(2)(c))

4
Concurrency

• Based on roadway capacity and level of service
• Different from access management, substandard
  roads, and corridor preservation

5
SB 360 Amendments

• SB 360 Mandates
• Financial feasibility sufficient revenues are
  currently, or will be available to fund the
  capital improvements necessary to ensure that
  adopted level of service standards are achieved
  and maintainedwithinthe five-year schedule of
  capital improvements. (F.S. 163.3164 (32))

6
2003 vs 2006Capacity Funding Plan
2003
2006
1. Does not cure all deficiencies
7
2003 vs 2006Capacity Funding Plan
2015 (per 2004 MPO LRTP Update)
2015 (per 2006 Cost Estimates)
2003
8
2003 vs 2006Capacity Funding Plan
2003
2006
1. Does not cure all deficiencies 2. Based on
ratio of 2003 estimate and proposed fee schedule
increase of 217 /-
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2003 vs 2006Capacity Funding Plan
2015 (per 2004 MPO LRTP Update)
2015 (per 2006 Cost Estimates)
2003
Estimated, and with no impact fee increase.
With proposed IF increase, capacity added would
be 283,300, VMT below std 40, and CI 0.98
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Concurrency Changes

• Redefined LOS Standards
• Removed multipliers
• LOS D
• SIS
• Intersection Criteria

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Concurrency Changes

• Redefined LOS Standards

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Concurrency Changes

• Initial/Final Certificate of Capacity

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Concurrency Changes

• Initial Certificate of Capacity
• At DRI, Zoning, Preliminary Plan/PSP,
  non-Residential Subdivision approval
• Establish Time Limits on Vesting
• Two years for de minimis developments
• Up to 10 Years for non-DRI traffic
• Up to 15 years for DRI traffic
• 6 Years for all other infrastructure except
  drainage

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Concurrency Changes

• Final Certificate of Capacity
• Issued at Residential Plat or Building Permit for
  all other
• Grants permanent vesting for residential units on
  individual lots
• Vests, subject to conditions of approval

15
SB 360 Amendments

• De Minimis Developments
• No impact will be De Minimis if volumes
  would exceed 110 percent of the adopted level
  of service of the affected transportation
  facility provided however, that an impact of a
  single family home on an existing lot will
  constitute a De Minimis impact on all roadways
  regardless of the level of the deficiency of the
  roadway. Further, no impact will be De Minimis if
  it would exceed the adopted level-of-service
  standard of any affected designated hurricane
  evacuation routes.

Critical Roads Almost Critical Roads
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Concurrency Review Process
De Minimis Determination
Subject to optional DeMinimis determination in
Section 402.5.C.4 1. Does not include
Single-Family home on existing lot, which is
concurrency de minimis.
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Concurrency Review Process

• Exemptions
• Portions of projects with COs, Building Permits
  and Final Plats
• Portions of projects with unexpired concurrency
  certificates
• Unexpired DRIs
• Unexpired projects that have been through the
  Traffic Impact Study and mitigation process

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Concurrency Review Process

• Exemptions (contd)
• Schools that have been through consistency review
  or preliminary plan/construction plan approval
• DRIs and other projects with approved and
  unexpired transportation methodology statements
• Some exemptions can expire or be revoked under
  certain conditions outlined in the Ordinance

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Concurrency Review Process

• Limited Exemptions--Exempt from Portions of
  Regulations More Stringent than State Law
• Affordable Housing Providers
• Target Industries and Office/Industrial Uses in
  Employment Centers
• Transit Oriented Design (TOD)/Traditional
  Neighborhood Design (TND) Projects
• Public Schools and other Governmental Uses

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Concurrency Review Process

• Examples of Ordinance Allowances for Limited
  Exemption Uses
•  
• Can utilize first 3 years of committed roadway
  capacity (instead of 1)
• Administrative extension of vesting periods
  without additional review
• Not subject to County Traffic Study requirements,
  regardless of de minimis thresholds
• Payment of proportionate share only for lt110
  percent roadways and lt100 percent hurricane
  evacuation roadways
• Payment of impact fees or non-TIS proportionate
  share in lieu of TIS proportionate share
• County shall make cure of deficient
  transportation facilities for such uses a
  priority in the CIE/CIP

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Concurrency Changes

• Developed Uniform Traffic Study Procedures
• Adopt by resolution
• Sets forth consistent study technical procedures

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Concurrency Changes

• Reduced Period of Committed Improvements to One
  Year

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Concurrency Changes

• Defined Impact Mitigation Options
• Restore LOS standard
• Proportionate share mitigation
• Eliminates Alternate Location mitigation and
  Equal Mitigation that does not restore LOS
  standard

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SB 360

• Proportionate Share
• Traffic concurrency is met if all mitigation is
  in 5-yr CIE and developer pays proportionate
  share. (F.S. 163.3180(16)(b)1.)
• Local option to accept a proportionate
  share-based improvement as mitigation if all
  mitigation is not in 5-yr CIE, but full
  improvement to restore LOS must be in 10-year
  CIE. (F.S. 163.3180(16)(f))

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Proportionate Share

• Requirement
• Agencies must have remainder of restore LOS
  standard improvement funded in 10-year CIE

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Concurrency Changes
TIS Process
Are Needed Improve-ments in CIE?
Is LOS on all roads OK?
Will agency fund cure (beyond prop share)?
Do TIS Study
No
No
No
No
Yes
Yes
Yes
Developer Must Restore Adopted LOS
Developer right to pay prop share and go
No concurrency mitigation
Assess Prop Share, and put restore LOS
improvement in CIE
No
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Proportionate Share

• General form of equation
• Sum of
• Development Trips x Length x Unit Cost
• Change in Capacity
• for significantly impacted locations

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Proportionate Share Example
Office 80,000 sf 1,000 trips
Capacity Capacity Consumed Improvement
Needed Capacity Added Cost Proportionate
Share Cost per s.f.
10,000 vpd 8 (800/10,000) Add 2 lanes 14,000
vpd 4 million (800/14,000)4 mil.
228,571 2.86
10,000 vpd 4 (400/10,000) No further
consideration
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Proportionate Share Example
Office 160,000 sf 2,000 trips
600
200
1,600
400
800
400
200
200
Capacity Capacity Consumed Improvement
Needed Capacity Added Cost Proportionate
Share Total Proportionate Share Cost per
s.f.
10,000 vpd 16 (1,600/10,000) Add 2
lanes 14,000 vpd 4 million (1,600/14,000)4
mil. 457,143
10,000 vpd 8 (800/10,000) Add 2 lanes 14,000
vpd 4 million (800/14,000)4 mil. 228,571
685,714 4.29
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Proportionate Share

• Relationship to Impact Fee
• Prop share addresses concurrency
• Timing of development
• Network condition
• Impact significance test
• Impact fee addresses capacity consumed
• Insensitive to above
• Provides for Proportionate Share credits

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Proportionate Share

• 40 unit, Single-Family Subdivision
• On SR 54 CR 581 to CR 577
• 492,705 (2.3 mi, 1,982/vmc)
• On CR 54 SR 56 to Magnolia
• 786,145 (3.25 mi, 1,584/vmc)
• On US 19
• 97,551 (3.3 mi, 222/vmc)
• Impact Fee 167,160 491,320
• 
  (Current) (Proposed)
• US 19 Fair Share Fee 43,320

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Proportionate Share
Prop Share can typically range from 0 to 250 of
full Impact Fee
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Relation of CIP/CIE and DeMinimis Reporting Tasks
Develop 07-08 CIP/CIE based on 5-year LOS
assessment
CIP/CIE Development
Preliminary 5-year LOS Assessment
Adopt CIP/CIE with final future LOS projection
Transmit to DCA
Monitor DeMinimis Developments for
2007 (Year-Round)
Monitor DeMinimis Developments for
2008 (Year-Round)
DeMinimis Reporting
Report 2007 Critical Facilities and DeMinimis
developments to DCA
Identify Critical Facilities for 2008
Identify Critical Facilities for 2007
December2006
October 2007
December2007
October 2006
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Relation of CIP/CIE and DeMinimis Reporting Tasks
Develop 07-08 CIP/CIE based on 5-year LOS
assessment
CIP/CIE Development
Preliminary 5-year LOS Assessment
Adopt CIP/CIE with final future LOS projection
Transmit to DCA
Monitor DeMinimis Developments for
2007 (Year-Round)
Monitor DeMinimis Developments for
2008 (Year-Round)
DeMinimis Reporting
Report 2007 Critical Facilities and DeMinimis
developments to DCA
Identify Critical Facilities for 2008
Identify Critical Facilities for 2007
December2006
October 2007
December2007
October 2006
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Relation of CIP/CIE and DeMinimis Reporting Tasks
Develop 07-08 CIP/CIE based on 5-year LOS
assessment
CIP/CIE Development
Preliminary 5-year LOS Assessment
Adopt CIP/CIE with final future LOS projection
Transmit to DCA
Monitor DeMinimis Developments for
2007 (Year-Round)
Monitor DeMinimis Developments for
2008 (Year-Round)
DeMinimis Reporting

• Consider alternative planning strategies, e.g.
• Transit service
• Alternative LOS standard
• Long-term congestion management
• Bike and pedestrian mobility
• TCEA
• TCMA
• Additional funding

Report 2007 Critical Facilities and DeMinimis
developments to DCA
Identify Critical Facilities for 2008
Identify Critical Facilities for 2007
December2006
October 2007
December2007
October 2006
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Long-Term Concurrency

• Long-Term Concurrency Option
• Extends horizon of developer right to
  proportionate share mitigation
• Of questionable value if funding remains in
  deficient mode
• Needed if funding to cure is beyond 10 years?

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Adoption Schedule

• 9/18 BOCC Workshop
• 9/26 Introduction
• 10/4 CORC
• 10/19 PBA
• 10/24 First Reading (NPR)
• 11/8 Second Reading (DC)
• 12/1 Statutory Deadline for Adoption

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• End of Presentation

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Proportionate Share

• General form of equation
• Sum of
• Development Trips x Length x Unit Cost
• Change in Capacity
• for significantly impacted locations

40
Proportionate Share

• General form of Impact Fee equation
• Devmt Trips x Length x Unit Cost
• 2 x Change in
  Capacity

(
)
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Concurrency Changes

• Application to Parent Tract
• Modified mitigation of Phased developments

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Mitigation Policies

• Developer Questions
• Whats required for concurrency?
• How much to pay or build up front?
• What is my maximum cash out-of-pocket
• What is the end-game out-of-pocket?
• If I pay beyond Impact Fee or Prop Share will I
  get reimbused?
• If so, how much?
• If so, when?

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Practical Considerations
Example for Discussion
0.85
1.20
1.40
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Concurrency Process
Trips gt 600?
Trips gt 1,200?
Estimate Trips Generated
Start
Yes
Yes
Enter TIS Process
No
No
On gt 90 Road?
On Critical Road?
Yes
No
Yes
No
Pay Generalized Proportionate Share
Pay Normal Fee And Go (OR do Optional study)
A Critical Road is a Hurricane Evacuation Route
where volume gt capacity or any other Regulated
Road where volume gt 110 of capacity.
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2003 Critical and Near-Critical Roads
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Mitigation Policies