HomeMy WebLinkAboutR-1992-163 RESOLUTION NO. 163-92
A RESOLUTION OF THE CITY OF DANIA, FLORIDA, PROPOSING
AMENDMENTS TO CHAPTER 163 P.B. , TRANSPORTATION
CONCURRENCY MANAGEMENT i
WHEREAS Representative Steven Geller Senator Howard Forman, and
! Senator Ken Jenne sponsored a workshop on Transportation Concurrency J+�'
Management on September 18 , 1992 , in Hallandale, Florida; and f{
WHEREAS, elected officials, staff members from the Florida
Department of Community Affairs and Department of Transportation, City i
Managers and planners, and representatives from the development community
attended and discussed various deficiencies in current law and practices
relating to Transportation Concurrency; and
WHEREAS, general agreement and consensus existed that current F
statutory and administrative requirements relating to transportation
concurrency are contradictory and inconsistent with other goals, objectives
and policies of the Comprehensive Plans of the State, Regions, Counties and
towns and cities; and
WHEREAS, while the Department of Community Affairs actively
implements a policy of discouraging urban sprawl, the statutory standard of
concurrency requires that increased road capacity to accommodate new or
infill development be made available roughly at the same time the new
+
development is to "open its doors" . Therefore, public policy requires
cities to be more compact and efficient, while simultaneously disallowing
proposals for more intensive development, including infill, in urbanized
areas because the already over-capacity roads cannot accommodate the
additional traffic resulting from this development; and
.1
1 RESOLUTION NO 163-92 f
I
�.,,msc.M->-x'mr��.;nrn ---^�-,-,_,:,..._ _:_._ ,^. .,_ ....-. __�,...�..�,. :�•`..,,�,r met :�.•r �,
F� .T,�`iTY"Fi"�!•Nn,V�.SI•"N'3Xnty '0
v., i s •h ar .^
i�
WHEREAS, current statutory and administrative requirements of
Transportation Concurrency have unintentionally promoted the
destabilization of older communities, inhibited redevelopment of blighted
areas, hindered economic development efforts, encouraged urban sprawl,
reduced property values, exacerbated the financial crisis in funding needed
h
public improvements pushing cities closer to the constitutional cap on ad
valorem millage, reduced opportunities to provide safe decent housing for
Floridians of all income levels, and stymied employment opportunities in i
the communities in which employees may live; and
1 WHEREAS, many over-capacity arterial and collector roadways are
under the jurisdiction of the State or Counties rather than the 4
municipalities, and the State and Counties lack the financial resources to
undertake the improvements necessary to increase road capacities; and
WHEREAS, implementing or upgrading mass transit systems to provide
alternatives to increasing roadway capacities are financially feasible only
I
on a regional or countywide basis, and therefore, is not a viable
i
alternative available to individual municipalities; and
WHEREAS, the Workshop on Transportation Concurrency resulted in l
b
recommendations for amending the Growth Management Act of 1985 as amended;
and
WHEREAS, written proposals for amending the Act were solicited
prior the Workshop of September 18, 1992; and
WHEREAS, a list of options of ways to address Transportation
Concurrency issues was developed from the proposals submitted, a copy of
which is attached hereto; and i
2 RESOLUTION NO. 163-92 F k
�i
s
.t
ti
i
I 'd
U
x` WHEREAS, State legislators have pledged to sponsor and support
legislation in the upcoming 1993 Session of the Florida Legislature to
address the unintended adverse impacts arising from Transportation
Concurrency requirements; and
WHEREAS, several of the proposed methodologies will aide, resolve,
and assist to mitigate the adverse impacts; and
WHEREAS, several proposed methodologies do not go far enough in
resolving Transportation Concurrency issues, and additional measures not
considered at the Workshop should be discussed and incorporated into the
legislative package relating to Transportation Concurrency;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF DANIAr HROWARD `
COUNTY, FLORIDA: `
SECTION 1. That the City of Dania endorses the following
amendments to Transportation Concurrency Management system:
A. In urban areas, permit utilization of Level of
Service (LOS) on an areawide basis instead of a
"weakest link" . Therefore, if SO percent of a road
meets an acceptable LOS, the area would be deemed in
compliance even though there are some road segments
.I
that are not in compliance. This takes into account
that vehicles may back up at the intersection of
Stirling Road and State Road 7 (441) but that traffic
flow before or after the intersection is relatively
unobstructed. It also recognizes the reality that
people who are familiar with an area plan their trips
between destinations using a variety of alternate %xryap'
routes to avoid congested areas to the extent feasible. fir '
3 RESOLUTION NO. 163-92
t t
via
'e
y, s,
i7A Lbw
- I
i
. --
a
21.
r
B. In urban areas, authorize Sector Transportation
Plans (STP) so that if there is a method of traveling
within a sector,
on roads that meet an acceptable LOS, I .
the development will be permitted, even if all roads
within the sector do not meet an acceptable LOS. For
example, US 1 (Federal Highway) has many overcapacity
links, while Dixie Highway, which runs parallel to US 1
less than a half mile to the west, is well below
capacity. Therefore, a development on US 1 would be
{ provides
an alternate
permitted because Dixie Highway p
j access to the site.
I professionally acceptable
C. Require that any
methodology be permitted for determining LOS for a
roadway.
D. Permit an appropriate reduction of LOS for areas
around special/part-time uses such as pari-mutuel
facilities, stadiums, arenas. For example, a portion I.
of the trips generated by Lockhart Stadium would be
removed from existing traffic counts for roadways in
the vicinity of the stadium.
E.
In areas where it is impractical to upgrade
r r e i
*.
Permit developers to "buy
transportation facilities, p rpu ,
out" trips and/or concurrency requ
irements by paying a �.
j 4 RESOLUTION NO. 163-92
i
i
i
N
w
fee into a special fund dedicated for transportation
improvements such as mass transit. Local governments
could be authorized to establish alternative "buy out"
methods subject to DCA approval. Expenditures of funds
j collected may be limited to only capi
tal projects, such
as affordable housing, blighted area rehabilitation, ;
government facilities, infill areas.
that certain land uses, facilities and
F. Recognize
special areas such as police stations, hospitals,
courthouses, designated redevelopment areas, mixed use
compelling public interest,
areas and the like serve a
i ✓
d therefore, be given special consideration regarding
g
an
transportation concurrency requirements. The special
be established by statute, or f
list of such uses may �
local governments may be authorized to establish same.
Any trips generated by these facilities would be
determined to be "ghost trips" , not counted towards the
overall community concurrency management system. .
i
G. Provide the number of trips vested in an existing
facility be permanently "grandfathered" , even if the
building is demolished.
This would remove any
incentive for a property owner to retain dilapidated,
vacant buildings because he/she would still be credited
r•'
for any trips the old building would have retained. In
addition, any reconstruction,
renovation, or
5 RESOLUTION NO. 163-92
`1
replacement building could be built at 110 percent of
the size of the previous building without having to
meet concurrency requirements for the additional floor
provide an incentive to rehabilitate
area. This would p '
or replace obsolete, dilapidated or vacant buildings.
H. Establish different LOS requirements for existing
more intensely developed urban areas than for newer
suburban developments. This recognizes that older,
cities which are more intensely
mostly coastal
developed frequently cannot meet an acceptable LOS and
! the cost of expanding roads is too high to meet. This
methodology can be accommodated with the concept of
"banding" , that is, a lower LOS is acceptable in and
around the intensely developed urban areas along the
coast, with the acceptable LOS standard increasing as
! one moves out towards the suburban areas, in the
western part of the County.
E , -
I . Establish a De Minimus level of impact as a
threshold, and the state that if the development falls
below that threshold, the development will be
permitted. it is suggested that DCA, rather than local
communities determine the De Minimus number.
J. s appeals process between
Establish an expeditiou
governments possibly including a !
DOT and the local g
6 RESOLUTION NO. 163-92
VTM
i
1
J^!
.�jM./Ye. _ J
3
dispute mechanism to be administered by the Regional
Planning council-
Florida,
22. The City of Dania, Florida, further requests the
logies and amendments be incorporated
following additional methodo into the
1
legislative package:
A. Recognize that most arterial and collector
roadways which may be overcapacity within a community
are not under the jurisdiction of the community but
rather, are State or County maintained facilities.
Therefore, funding for improvements for these roadways
is not within the jurisdiction of the affected
requirements, therefore,
communities. Concurrency
should be waived.
B. Recognize that overcapacity links which may
impact one community may actually be located within
another community. Therefore, the affected community
has no control over the ability to
alleviate
the
condition. Concurrency requirements should be waived.
4
C. Provide sufficient funding for local governments `
to develop Transportation Concurrency Management
Systems which can be more ' sensitive' to the specific
conditions within the community. Most computer models
for Transportation Concurrency used on a regional or
county-wide basis only incorporate arterials and
i.V
RESOLUTION NO. 163-92
r�
0
collector roadways but not local street systems.
-' Therefore, distribution of trips will not consider use
of local streets. Further, county-wide models often do
not consider roadways in adjacent areas of neighboring
counties. The cost of developing software or
purchasing canned software and then modifying same to
be sufficiently-sensitive to local conditions is
prohibitive.
SECTION 3. The City of Dania, Florida, urges the governing bodies
of its member communities to actively endorse and support these amendments
by passing an appropriate Resolution and by lobbying its legislative
representatives to favorably consider same.
PASSED AND ADOPTED this 24th day of November, 1992.
i
)II '
i ATTEST: MAYOR-CO SIONER
% , ,• ,, at fir,.
'CITY CLERK-AUDITOR
i
i
APPROVED AS TO FORM AND CORRECTNESS:
FRANK C. ADLER, CITY ATTORNEY
i
8 RESOLUTION NO. 163-92
b
ii �.
� .'
C -
���> -
s f:'JJ
! fi Vj � Fy.� �R?F1'`J'7T�P'<
� r RnFI`�1"
�q��
��� x
-,
� .
� L
i
:,
I'
� �
z L;.'r..-y �..,-�....r.�__-. _ ..-.r«. � r....v..-.-+ea-�1, .,..v. � -: ,� -.. y arr + { fL,"+.' ..y
.-
.. -..� i
.. ,. ....
i
i
RESOLUTION NO. 163 . 1-92
j A RESOLUTION OF THE CITY OF DANIA, FLORIDA, RELATING TO
i BROWARD COUNTY'S PROGRAM FOR IMPLEMENTING
{ TRANSPORTATION CONCURRENCY MANAGEMENT
{
WHEREAS I `general agreement and consensus exist that current
statutory and administrative requirements, at both the State and County {
level, relating to transportation concurrency are contradictory and
inconsistent with other goals, objectives and policies of the Comprehensive ,
Plans of the State, Region, County and cities; and f
WHEREAS, while the Department of Community Affairs and Broward
County actively implements a policy of discouraging urban sprawl, the
J1 ..
statutory standard of concurrency requires that increased road capacity to
accommodate new or infill development be made available roughly at the same
time the new development is to "open its doors" . Therefore, public policy
requires cities to be more compact and efficient, while simultaneously
disallowing proposals for more intensive development, including infill, in
urbanized areas because the already over-capacity roads cannot accommodate
the additional traffic resulting from this development; and
WHEREAS, Broward County Transportation Concurrency Management
System is implemented relative to Municipalities primarily through the
Platting process; and
JWHEREAS, Broward County's primary tool for gauging a development's Ir3va��`x`
impact on the County's transportation system is through the estimation of
the distribution of traffic using the TRIPS computer model; and x , , o
WHEREAS, the TRIPS Model was initially developed for the purpose of
assessing impact fees for transportation improvements; and
1 RESOLUTION NO. 163. 1-92
i
WHEREAS, only major roadways classified as arterials and collectors
are incorporated in the TRIPS Model, and the Model is not 'sensitive' in
its trips distribution calculations to account for such factors as mass
transit, local street systems, turning movements, seasonality of use, or
r
J street systems of adjacent Counties; and
WHEREAS, current statutory and administrative requirements of
Transportation Concurrency have unintentionally promoted the
destabilization of older communities, inhibited redevelopment of blighted
areas, hindered economic development efforts, encouraged urban sprawl, s
reduced property values, exacerbated the financial crisis in funding needed $
i;
;.r. public improvements pushing cities closer to the constitutional cap on ad 4
valorem millage, reduced opportunities to provide safe decent housing for
residents of Broward County of all income levels, and stymied employment
opportunities in the communities in which employees may live; and
WHEREAS, the onerous requirements of the System under the TRIPS
model for development in a compact deferral area, regardless of any
mitigating or public policy factors, prohibit all but the largest
°r
developers from undertaking
g a project in most of the urban areas of Broward
i.-
County, and
j WHEREAS, it is well recognized that the survival of the current
economic system requires that small business have an opportunity to compete
i
with the large corporations for needed redevelopment projects; and
WHEREAS, many over-capacity arterial and collector roadways are 'fr
under the jurisdiction of the State or County rather than the i@
municipalities, and the State and County lack the financial resources to °
t
undertake the improvements necessary to increase road capacities; and
. .;1 Ij
2 RESOLUTION NO. 163.1-92
M
I
WHEREAS, only major roadways classified as arterials and collectors
are incorporated in the TRIPS Model, and the Model is not 'sensitive' in � .
its trips distribution calculations to account for such factors as mass
transit, local street systems, turning movements, seasonality of use, or
street systems of adjacent Counties; and
WHEREAS, current statutory and administrative requirements of
Transportation Concurrency have unintentionally promoted the I.
r
destabilization of older communities, inhibited redevelopment of blighted
areas, hindered economic development efforts, encouraged urban sprawl,
reduced property values, exacerbated the financial crisis in funding needed
t. public improvements pushing cities closer to the constitutional cap on ad
1 valorem millage, reduced opportunities to provide safe decent housing for
residents of Broward County of all income levels, and stymied employment
opportunities in the communities in which employees may live; and !f
WHEREAS, the onerous requirements of the System under the TRIPS C
model for development in a compact deferral area, regardless of any
mitigating or public policy factors, prohibit all but the largest
developers from undertaking a project in most of the urban areas of Broward
County, and
WHEREAS, it is well recognized that the survival of the current
f
economic system requires that small business have an opportunity to compete
with the large corporations for needed redevelopment projects; and
WHEREAS, many over-capacity arterial and collector roadways are
under the jurisdiction of the State or County rather than the � .
municipalities, and the State and County lack the financial resources to � +
w
undertake the improvements necessary to increase road capacities; and
2 RESOLUTION NO. 163 .1-92
17,
� Aye
J
s
i
i
WHEREAS, implementing or upgrading mass transit systems to provide
alternatives to increasing roadway capacities are financially feasible only
on a countywide basis, and therefore, is not a viable alternative available
to individual municipalities; (I�
SECTION 1. That the City of Dania urges Broward County to
incorporate the following concepts into its Transportation Concurrency
c
Management system:
A. Permit utilization of Level of Service (LOS) on
an areawide basis instead of a "weakest link" . For fy
example, if 80 percent of a road meets an acceptable
t;•r
LOS, the area would be deemed in compliance even though `=
there are some road segments that are not in
compliance. This takes into account that vehicles may F-7q
rr
back up at the intersection of Stirling Road and State
Road 7 (441) but that traffic flow before or after the
intersection is relatively unobstructed. It also
recognizes the reality that people who are familiar
with an area plan their trips between destinations
iusing a variety of alternate routes to avoid congested
areas to the extent feasible.
t�
t `
Q
B. Authorize Sector Transportation Plans (STP) so
that if there is a method of traveling within a sector,
J on roads that meet an acceptable LOS, the development111. el
N will be permitted, even if all roads within the sector
do not meet an acceptable LOS. For example, US 1
` (Federal Highway) has many overcapacity links, while
''� 3 RESOLUTION NO. 163.1-92
Dixie Highway, which runs parallel to US 1 less than a
half mile to the west, is well below capacity.
Therefore, a development on Us 1 would be permitted
because Dixie Highway provides an alternate access to
the site.
C. Permit any professionally acceptable methodology ! -
for determining LOS for a roadway.
1
D. Permit an appropriate reduction of LOS for areas
j around special/part-time uses such as pari-mutuel
facilities, stadiums, arenas. For example, a portion
of the trips generated by Lockhard Stadium would be
removed from existing traffic counts for roadways in
the vicinity of the stadium.
E. In areas where it is impractical to upgrade
44c
transportation facilities, permit developers to "buy
t.
out" trips and/or concurrency requirements by paying a
i
fee into a special fund dedicated for transportation
improvements such as mass transit. Local governments J
could be authorized to establish alternative "buy out"
methods subject to DCA approval. Expenditures of funds
collected may be limited to onlycapital `P projects, such '
as affordable housing, blighted area rehabilitation,
government facilities, infill areas.
i
;
< RESOLUTION No. 163. 1-92
- � _. _. . 'Fw'wE''�a"L;? ("'e:".'13e "a .v'•.'^,'a".�*sk w..�..r--..-x y _r is.?'t1p 4 o Y
A
a
i
F. Recognize that certain land uses, facilities and
special areas such as police stations, hospitals,
courthouses, designated redevelopment areas, mixed use
areas and the like serve a compelling public interest,
and therefore, be given special consideration regarding f '
transportation concurrency requirements. The specific
list of such uses shall be established by local
I
governments. Any trips generated by these facilities
would be determined to be "ghost trips" , not counted
towards the overall concurrency management system.
i
G. Permit the number of trips vested in an existing
111 II
facility be permanently "grandfathered" , even if the 14
building is demolished. This would remove any
incentive for a property owner to retain dilapidated,
vacant buildings because he/she would still be credited "
for any trips the old building would have retained. In
addition, any reconstruction, renovation, or
replacement building could be built at 110 percent of
I the size of the previous building without having to
L'
meet concurrency requirements for the additional floor
area. This would provide an incentive to rehabilitate
or replace obsolete, dilapidated or vacant buildings.
H. Establish different LOS requirements for existing
more intensely developed urban areas than for newer
suburban developments. This recognizes that older,
d
5 RESOLUTION NO. 163. 1-92
,
I t : •
. -o _S:,.r."--':T'P'.: �xx.-,•x-v.7�;.-•:•rn,.,{-Ta.:..,•�.-.a......m.,...a:v.r•...m�a-..,rcoo-,,,v�,*rrt
T
N
fmostly coastal cities which are more intensely
I I
developed frequently cannot meet an acceptable LOS and
the cost of expanding roads is too high to meet. This
methodology can be accommodated with the concept of
"banding", that is, a lower LOS is acceptable in and
around the intensely developed urban areas along the
coast, with the acceptable LOS standard increasing as
one moves out towards the suburban areas, in the I
i
western part of the County.
jI . Replace the County's current Transportation
Concurrency Management System, which is primarily based
on trip generation and distribution as measured by
TRIPS Model , with a more sensitive and realistic
system. Factors to be considered would be: quality of
life components of public policy making such as
increasing employment and housing opportunities; the
limitations of public and private funding resources for
i
transportation system improvements; the need for
facilities such as hospitals, courthouses, educational
i
facilities, cultural facilities such as museums and
theaters, tourist and recreational facilities such as
i
public beaches, convention and pari-mutuel facilities,
and the like. Further, the TRIPS Model should be
replaced with a more realistic system better capable of
i accounting for local street systems, seasonal and
6 RESOLUTION NO. 163.1-92 j
special event traffic generation, turning movements, I
and mass transit service. i
J. Initiate a dialogue with the Cities of Broward
County to frankly and freely discuss the unintended
impacts of the County's Transportation Concurrency
Management System, and the limitations of the TRIPS t
Model , and the realities of public and private funding
of transportation system improvements.
frl:
L b4
SECTION 2. The City of Dania, Florida, urges the governing bodiesd
of its member communities to actively endorse and support these revisions
to the Broward County Transportation Concurrency Management System by
passing an appropriate Resolution and by lobbying its County Commissioner
i,
to favorably consider same.
APPROVED AND ADOPTED this 24th day of November, 1992 .
I•
MAYOR-COM! SIONER
I
ATTEST: J
CITY CLERK'-AUDITOR
APPROVED AS TO FORM AND CORRECTNESS:
1 BY:
FRANK C. ADLER, CITY ATTORNEY
7 RESOLUTION NO. 163.1-92
I . -
I` _
4
.... ._._ ._. . , . _ -... .. -.ti .,,
i
i
i
t
1
i „-
` _,
;'� .
:.,
.' r
��
`Sy. T'. fr.:
�; ci , ,;w
z :
r' t! �� i
��. ,�, tt
l
: � ��
,,�I `
.. `JJJI
i
i
^�
y , .
'�"Z•�. T
R-. Si3+JSW.rv?`.^l^1 ...r;.•-ws�—...-.-----�•—r..n-�,:..� �... _ ._... Ta�ltijr'f.
.?y f
.—. , .