The intent of this article is to provide the regulatory mechanism for determining that a property owner meets the concurrency provisions of the Comprehensive Plan which ensures that adequate public facilities are available at acceptable levels of service.

Central City Transit Supportive Area: Area within which less stringent roadway levels-of-service are allowed due to the presence of a traditional street grid network, extensive bicycle and pedestrian networks and transit services and facilities. Levels-of-service may be measured on an averaged corridor basis for facilities with common trip ends.

Certificate of Concurrency: The certificate issued by the Community Development Department upon finding that an application for a development approval will not result in the reduction of the level of service standards set forth in the Comprehensive Plan. For developments with residential uses, this shall include a confirmation of adequate school capacity as determined by the Polk County School Board.

Concurrency: When adequate public facilities meeting the level of service standard are in place at the time a development permit is issued, or a development permit is issued subject to the determination that the necessary facilities will be in place when the impacts of the development occur, as set forth in the Comprehensive Plan.

Concurrency Determination: A non-binding determination of what public facilities and services are available at the date of inquiry. Projects requiring a major traffic study must obtain a letter signed by the Community Development Department approving the methodology for that specific study as detailed in the Department's memo regarding Major Traffic Study Review Requirements. Projects requiring a school capacity determination shall be required to provide information as required by the Community Development Department and as in collaboration with the Polk County School Board.

Concurrency Management System: The procedures and processes utilized by the city to determine that development approvals, when issued, will not result in the reduction of the level of service standards set forth in the Comprehensive Plan.

Concurrency Service Areas (Schools): Those geographic areas within which the school level of service will be measured when an application for final development is reviewed which includes non-exempt residential uses. Contiguous School Concurrency Service Areas are those that have an adjacent (coterminous) boundary.

De Minimis Development: A proposed development relating to land use of such a low intensity as to have a de minimis effect, if any, upon the level of service standards set forth in the Comprehensive Plan; such development shall be exempt from concurrency review. Development approvals for single-family dwellings shall be deemed de minimis. Any development generating less than 120 average daily trips shall be deemed de minimis for purposes of assessing transportation levels of service.

Development: The particular development activity authorized by the unexpired development approval issued for a specific project.

Development Actions: An action of the city which requires a non-binding concurrency determination such as a land use amendment to the Comprehensive Plan or a rezoning.

Development Approvals: The following unexpired development approvals shall be considered to be final development approvals for purposes of issuance of a Certificate of Concurrency:

a.

Final subdivision plat approval,

b.

FInal site plan approval, and

c.

Building permit.

Florida Inventory of School Houses (FISH) Capacity: The report of the permanent capacity of existing public school facilities. The FISH capacity is the number of students that may be housed in a facility (school) at any given time as determined by the Florida Department of Education's Office of Educational Facilities. In the Polk County School District, permanent capacity does not include temporary classrooms unless they meet the standards for long-term use pursuant to Section 1013.20, Florida Statues.

Public Facilities and Services: The following public facilities and services for which level of service standards have been established in the Comprehensive Plan:

a.

Potable water

b.

Wastewater

c.

Drainage

d.

Solid waste

e.

Parks and recreation

f.

Transportation

g.

Public Schools

Spot Zone: An area zoned to a particular school that is not in the immediate neighborhood of that school facility in order to facilitate desegregation and balance socio-economic diversity.

Student Capacity: The estimated number of students (in full-time equivalency) that can be satisfactorily housed in a facility at any given time based upon a percentage of the total number of satisfactory student stations.

Temporary Classroom: A movable or portable classroom facility also known as a relocatable.

Transit Agency: The Lakeland Area Mass Transit District or successor agency.

Vested Rights: The right of certain property owners secured by obtaining a determination that their property is exempt from the concurrency provisions of the Comprehensive Plan.

10.3.1

GENERAL

a.

Each applicant for a development approval, except those determined to be de minimis and are therefore exempted from concurrency, shall apply for a Certificate of Concurrency.

b.

An applicant requesting development approval by the city shall provide all information required by the city in order for a binding concurrency evaluation to be made on the proposed project. Such required information shall include all categories specified in the "Concurrency Determination Application" as maintained by the Community Development Department, and detailed information in any required traffic study subject to review and approval by the city. Additional information may be required by the Director of Community Development in order to evaluate issuance of a binding Certificate of Concurrency.

c.

No development approvals shall be granted unless the applicant is eligible for a Certificate of Concurrency.

d.

This Section describes the Binding and Non-Binding concurrency determination process for Transportation facilities. Binding and Non-Binding Concurrency Determinations for other Public Facilities and Services will be made in advance of development approvals or actions, with approved service demands being shown on the binding Certificate of Concurrency.

e.

For Transportation facilities, the City will base its binding concurrency determinations on the generalized P.M. peak hour, peak direction, peak season capacity of each roadway segment within the development impact area as contained in its Concurrency Management Database, using data from the most recent Roadway Network Database published by the Polk Transportation Planning Organization.

f.

Identification of recommended transportation concurrency mitigation requirements, including Proportionate Fair-Share Program funding responsibilities, shall be contained in a separate technical memorandum from the Major Traffic Study, which shall be an objective engineering report of existing and projected capacity, operational and safety performance of the surrounding multi-modal transportation network.

(Ord. No. 5903, § 2(Att. A), 10-18-21; Ord. No 6057, § 2(Att. A), 9-16-24)

10.3.2

NON-BINDING DETERMINATIONS

a.

An applicant requesting a development action by the city shall provide all information required by the city in order for a non-binding concurrency determination to be made on the proposed project. Such required information shall include all categories specified in the "Concurrency Determination Application" as maintained by the Community Development Department, and any additional information required by the Director of Community Development in order to make a non-binding concurrency determination. The non-binding concurrency determination shall become a part of the staff recommendation regarding the requested development action.

b.

A non-binding concurrency determination may be received prior to a request for development action or approval by submitting a request and any applicable fee to the Community Development Department.

10.3.3

MAJOR TRAFFIC STUDY REVIEW REQUIREMENTS

a.

A Major Traffic Study shall be required with all binding and non-binding concurrency applications if a development generates more than 750 daily trips or contains a mix of uses. All Major Traffic Studies shall be conducted by a Professional Engineer within the State of Florida in accordance with the Manual of Uniform Traffic Control Devices (MUTCD), Highway Capacity Manual and FDOT Manual on Uniform Traffic Studies (MUTS) procedures and as contained in a methodology statement that is approved by the City. As appropriate, the methodology shall address the required methods for considering multi-modal (pedestrian, bicycle and transit) interaction with adjacent land uses and transportation infrastructure. The trip generation, impacts and proposed mitigation for discrete phases of a development may be evaluated; however, the Major Traffic Study shall analyze the cumulative impacts through buildout. All Major Traffic Studies submitted to the City shall comply with the following requirements:

1.

A Development Description shall be included, specifying location, development type, square footage and number of residential units.

2.

Development Trip Generation (Daily and P.M. Peak Hour): The development's Daily and P.M. Peak Hour (of Adjacent Street Traffic, 4—6 P.M.) shall be reported in all Major Traffic Studies. Trip generation rates shall be based upon the most recent edition of the Institute of Transportation Engineers' (ITE) Trip Generation Manual or using data that is available for the specific use that is subject of the development action or approval. The Major Traffic Study shall include documentation, if already completed, or document the proposed methodology, consistent with guidance in the ITE Trip Generation Handbook, if an alternative trip generation rate is to be calculated based on observations of other sites. For high- or very-high-turnover restaurants with call ahead pick-up or drive-through windows, the study shall include empirical trip data from three similar locations.

3.

Required Roadway Study Segments and Intersections: The City requires that the Major Traffic Study analyze the development driveway(s), the directly-accessed roadway segment(s) including adjacent major intersections and other segments and intersections within the defined impact area where the development is determined to be "significant". A development is significant if its traffic is estimated to consume five percent or more of segment's adopted service volumes (peak-hour/peak-direction capacity for a particular roadway level-of-service standard). The City requires that a more detailed arterial segment/intersection analysis be conducted (for example, using SYNCHRO software according to the Highway Capacity Manual procedures) if it is found that the development will have an adverse impact on any of the segments or intersections on which it has a significant impact. A development is determined to be adverse if it causes a roadway segment to operate at an unacceptable level-of-service, based on generalized capacities. A development is considered to adversely impact major intersections located on each significantly impacted roadway segment if it causes the entire intersection to degrade to an unacceptable level-of-service or if two public approaches fall below standard, even though the overall intersection is operating acceptably. For signalized intersections, approved timings shall be obtained from the City, Polk County or FDOT as appropriate. All transportation impact analyses must consider the impacts of "committed" transportation improvements, which are those projects that are funded through construction in the first three years of the City, Polk County and/or Florida Department of Transportation work programs.

4.

Turning movement counts will generally be required for each project driveway and major intersection within the development's impact area. The dates and times of these counts shall be included in the approved traffic study methodology, but shall be collected on Tuesdays, Wednesdays or Thursdays of a typical week without holidays, road construction activities or other anomalies that could impact the validity of the collected data. Turning movement and segment counts shall be adjusted to peak-season values using the latest peak-season correction factors published by the Florida Department of Transportation. Counts must also be grown to expected buildout year levels, utilizing an annual growth rate that is acceptable to the City and Polk TPO. Unless otherwise approved by the City, traffic counts must have been collected within one year of the Major Traffic Study submittal.

5.

Development Traffic Distribution and Assignment. The distribution and assignment of trips generating 1,000 or more daily trips shall be determined using the Standard Transportation Model as maintained by the Florida Department of Transportation or another acceptable method as approved in the methodology statement, with concurrence by Polk County and Florida Department of Transportation as applicable. For development activity generating less than 1,000 daily trips, trip distribution and assignment may be determined using existing traffic counts or other process determined to be acceptable by the City and included in the approved methodology statement.

6.

Approved or Reserved Trips from Nearby Development Activity: In addition to using appropriate growth factors to determine future-year background traffic analyses, the City may require the addition of any approved or reserved trip information from nearby development activity on significantly-impacted roadway segments and intersections. The City shall maintain this data in its Concurrency Management Database.

7.

Pass-By Capture and Internal Capture: The Major Traffic Study shall quantify the estimated pass-by and internal capture, as applicable, of the proposed development using data obtained from ITE or other acceptable source as determined by the City.

8.

Required Analysis Scenarios: The Major Traffic Study shall evaluate Existing, Future-Year Background (using accepted growth rate and/or approved/reserved trips from nearby development activity) and include a tabular and graphical directional calculation for each significantly-impacted segment and intersection.

9.

The City will require A.M. Peak Hour (of Adjacent Street Traffic, 7—9 A.M.) and/or Midday data where appropriate, such as for a new school or other institutional use, large employment or retail center, or recreation facility where specific development trip characteristics may result in queuing or other issues that could cause level of service degradation and/or operational hazards.

10.

Safety Analyses: In support of the City's Vision Zero goal as adopted in its Comprehensive Plan, the Major Traffic Study shall include:

(a)

A summary of the most recent three full years of crash data, noting any unusual crash patterns or frequencies any existing safety issues observed, such as queues extending onto high-speed roadways, sidewalk gaps, sight distance obstructions, etc.

(b)

The posted speed limit and 85th percentile speed shall be provided for roadways at intersecting site driveways (existing and proposed). If empirical 85th percentile speed data is unavailable, then it shall be assumed as being ten miles per hour over the posted speed limit.

(c)

Intersection Sight Distance (ISD) analysis based on the 85th percentile speed for roadways shall be conducted for existing driveways, proposed driveways, and any intersection with proposed geometric improvements or traffic control devices resulting from the development activity. ISD analyses for sites served by buses and trucks shall use trucks as the design vehicle to account for slower acceleration. Additional site-specific analyses may be required if the ISD requirements cannot be clearly attained.

(d)

Turn lane analyses for existing and proposed driveways determined using methods of NCHRP 745 for left-turn lanes and NCHRP 279 for right-turn lanes. A table shall be provided summarizing the existing available queue storage length with 95th percentile queue length for existing and build conditions.

(e)

If signalization is proposed as a mitigation measure, a signal warrant analysis and Stage 1 Intersection Control Evaluation (ICE) shall be provided for location(s) proposed for signalization.

(f)

Street lighting evaluation for existing or proposed crosswalks, on- site and across adjacent roadways, that would be used for pedestrians, bicyclists and/or transit patrons accessing the development site.

(g)

Additional analysis requirements as included in the Engineering Standards Manual.

11.

Based on City's multi-modal level of service standards as a designated Transportation Concurrency Exception Area, the Major Traffic Study shall indicate whether or not the development site is located on an existing transit route and if so, the route name and the nearest transit stop location. The analysis shall also determine whether sidewalks are present on one, both or neither sides of the road on which the project is located or if any gaps exist within the development impact area. The Major Traffic Study shall confirm compliance with the City's multi-modal level-of-service standards or identify Transportation Demand Management Mitigation measures that shall be included in the Binding or Non-Binding Concurrency Approval.

b.

Development actions or approvals for uses generating between 120 and 749 Daily Trips may be required to provide a Minor Traffic Study or safety analysis depending on existing or expected congestion or operational deficiencies at specific locations within the defined impact area.

c.

During the County and FDOT driveway permitting processes, additional turn lane or access management improvements may be required as a result of any operational analyses that may be required by each jurisdiction.

(Ord. No. 5903, § 2(Att. A), 10-18-21; Ord. No 6057, § 2(Att. A), 9-16-24)

10.4.1

TRANSPORTATION PROPORTIONATE FAIR-SHARE PROGRAM

a.

Applicability

The Proportionate Fair-Share Program shall apply to all developments in the city that have been notified of a lack of capacity to satisfy transportation concurrency on a transportation facility in the city CMS, including transportation facilities maintained by FDOT or another jurisdiction that are relied upon for concurrency determinations. The Proportionate Fair-Share Program does not apply to developments of regional impact (DRIs) using proportionate fair-share under § 163.3180(12), F.S., or to developments exempted from concurrency as provided herein and including those with de minimis impacts. The Proportionate Fair-Share Program does not preclude applicants from funding transportation improvements pursuant to a development agreement to meet concurrency requirements.

b.

General Requirements

1.

An applicant may choose to satisfy the transportation concurrency requirements of the city by making a proportionate fair-share contribution, pursuant to the following requirements:

(a)

The proposed development is consistent with the Comprehensive Plan and applicable land development regulations.

(b)

The five-year schedule of capital improvements in the city CIE or the long-term schedule of capital improvements for an adopted long-term CMS includes the construction phase of a transportation improvement(s) that, upon completion, shall satisfy the requirements of the city transportation CMS.

2.

The city may choose to allow an applicant to satisfy transportation concurrency through the Proportionate Fair-Share Program by adding an improvement (construction phase) to the CIE or adopted long-term CMS that will satisfy the requirements of the city transportation CMS. For the purposes of the Proportionate Fair-Share Program, no capacity road project shall be added to the CIE unless any required alignment study or a Project Development and Environmental (PD&E) Study has been completed with an endorsed build alternative.

To implement this option, the city shall adopt, by resolution or ordinance, a commitment to add the improvement to the five-year schedule of capital improvements in the CIE or long-term schedule of capital improvements for an adopted long-term CMS no later than the next regularly scheduled update. To qualify for consideration under this section, the proposed improvement must be reviewed by the appropriate city body, and determined to be financially feasible pursuant to § 163.3180(16)(b)1, F.S., consistent with the Comprehensive Plan, and in compliance with the provisions of this article. Any improvement project proposed to meet the developer's fair-share obligation must meet the design standards of the jurisdiction with maintenance responsibility for the subject transportation facility.

c.

Memorandum of Understanding

The city shall coordinate with the Florida Department of Transportation, Polk Transportation Planning Organization, Central Florida Regional Planning Council and other local governments to implement the provisions of the Proportionate Fair-Share Program. Appropriate provisions for intergovernmental coordination shall be detailed in a Memorandum of Understanding on the Proportionate Fair-Share Program (MOU), and city shall coordinate with the signatory parties to ensure that mitigation to impacted facilities is based on comprehensive and consistent transportation data.

d.

Application Process

1.

Upon notification of a lack of capacity to satisfy transportation concurrency, the applicant shall also be notified in writing of the opportunity to satisfy transportation concurrency through the Proportionate Fair-Share Program.

2.

Prior to submitting an application for a proportionate fair-share agreement, a pre-application meeting shall be held to discuss eligibility, e.g., project status in CIE, application submittal requirements, potential mitigation options, and related issues. If the impacted facility is on the SIS, or any state transportation facility, then the FDOT shall be notified and invited to participate in the pre-application meeting.

3.

Eligible applicants shall submit an application to the city that includes an application fee as established by a resolution of the City Commission of the City of Lakeland, and the following:

(a)

Name, address and phone number of owner(s), developer and agent;

(b)

Property location, including parcel identification numbers;

(c)

Legal description and survey of property;

(d)

Project description, including type, intensity and amount of development;

(e)

Phasing schedule, if applicable;

(f)

Description of requested proportionate fair-share mitigation method(s);

(g)

Copy of concurrency application;

(h)

Copy of the project's traffic study or traffic impact analysis; and

(i)

Location map depicting the site and affected road network.

4.

The city shall review the application and certify that the application is sufficient and complete within 10 business days. If an application is determined to be insufficient, incomplete or inconsistent with the general requirements of the Proportionate Fair-Share Program, then the applicant shall be notified in writing of the reasons for such deficiencies within 10 business days of submittal of the application. If such deficiencies are not remedied by the applicant within 30 days of receipt of the written notification, then the application shall be deemed abandoned. The City Commission may, in its discretion, grant an extension of time not to exceed 60 days to cure such deficiencies, provided that the applicant has shown good cause for the extension and has taken reasonable steps to effect a cure.

5.

Pursuant to § 163.3180(16)(e), F.S., proposed proportionate fair-share mitigation for development impacts to facilities on the SIS requires the concurrence of the FDOT. The applicant shall submit evidence of an agreement between the applicant and the FDOT for inclusion in the proportionate fair-share agreement.

6.

When an application is deemed sufficient, complete, and eligible, the applicant shall be advised in writing and a proposed proportionate fair-share obligation and binding agreement shall be prepared by the city or the applicant with direction from the city and delivered to the appropriate parties for review, including a copy to the FDOT for any proposed proportionate fair-share mitigation on a SIS facility, or any state transportation facility, no later than 60 days from the date at which the applicant received the notification of a sufficient application and no fewer than 45 working days prior to the Commission meeting when the agreement will be considered.

7.

The city shall notify the applicant regarding the date of the Commission meeting when the agreement will be considered for final approval. No proportionate fair-share agreement shall be effective until approved by the Commission, or pursuant to staff approval for agreements below a certain dollar amount.

e.

Determining Proportionate Fair-Share Obligation

1.

Proportionate fair-share mitigation for concurrency impacts may include, without limitation, separately or collectively, private funds, contributions of land, and construction and contribution of facilities as provided in § 163.3180(16)(c), F.S.

2.

A development shall not be required to pay more than its proportionate fair-share. The fair market value of the proportionate fair-share mitigation for the impacted facilities shall not differ based on the form of mitigation as provided in § 163.3180(16)(c), F.S. (contributions of private funds, land or facility construction).

3.

The methodology used to calculate an applicant's proportionate fair-share obligation shall be as provided for in Section 163.3180, F.S. To the extent not inconsistent with Section 163.3180, F.S., the following is intended as a guide for calculating proportionate share and the costs of subject transportation mitigation measures:

The cumulative number of peak hour, peak direction trips from the complete buildout of the proposed development, or buildout of the stage or phase being approved, that are assigned to the proportionate share program segment divided by the change in the peak hour maximum service volume (MSV) of the proportionate share program segment resulting from construction of the proportionate share program improvement, multiplied by the anticipated cost of the proportionate share project. In this context, cumulative does not include project trips from previously approved stages or phases of development.

This methodology is expressed by the following formula: Proportionate Fair-Share = ∑ ([(Development Trips _i )/(SV Increase _i )] x Cost _i )

Where:

(a)

∑ = Sum of all deficient links proposed for proportionate fair-share mitigation for a project;

(b)

Development Trips _i = Those trips from the stage or phase of development under review that are assigned to roadway segment "i" and have triggered a deficiency per the concurrency management system (CMS);

(c)

SV Increase _i = Service volume increase provided by the eligible improvement to roadway segment "i";

(d)

Cost _i = Adjusted cost of the improvement to segment "i". Cost shall include the cost of all project phases (preliminary engineering or alignment study, design, rights-of-way acquisition and construction) in the years said phases will occur with all associated costs.

4.

The cost of the proportionate fair-share project shall be determined by the maintaining jurisdiction. If any road is determined to be transportation deficient without the project traffic under review, the costs of correcting that deficiency shall be removed from the project's proportionate-share calculation and the necessary transportation improvements to correct that deficiency shall be considered to be in place for the purposes of the proportionate-share calculation.

5.

The value of right-of-way dedications used for proportionate fair-share payment shall be subject to the approval of the maintaining jurisdiction. No value shall be assigned to right-of-way dedications required under ordinance or as a condition of development approval.

f.

Impact Fee Credit

1.

The city shall maintain a list of transportation projects funded by road impact fees under the CIE. If the subject improvement is contained in the current CIE and funded in part or whole by road impact fees, the proportionate fair-share contributions shall be applied as a credit against road impact fees.

2.

Impact fee credits for the proportionate fair-share contribution shall be determined when the transportation impact fee obligation is calculated for the proposed development. Impact fees owed by the applicant shall be reduced per the Proportionate Fair-Share Agreement as they become due per the city's adopted Impact Fee Ordinance and per provisions in Section 163.3180, F.S. If the applicant's proportionate fair-share obligation is less than the development's anticipated road impact fee for the specific stage or phase of development under review, then the applicant or its successor must pay the remaining impact fee amount to the city pursuant to the requirements of the city impact fee ordinance.

3.

The proportionate fair-share obligation is intended to mitigate the transportation impacts of a proposed development at a specific location. As a result, any road impact fee credit based upon proportionate fair-share contributions for a proposed development cannot be transferred to any other location unless provided for within the local impact fee ordinance.

4.

The amount of traffic impact fee credit for a proportionate fair-share contribution may be up to, but shall not exceed, the project's proportionate fair-share amount and shall be determined based on the following formula: Credit = [(Cost of Proportionate Share Project) ÷ (Total Cost of All Projects in Applicable Impact Fee District)] x (Total Project Traffic Impact Fee Liability)

Where:
Cost of projects shall include the cost of all project phases in the year said phases will occur with all associated costs. Credit shall be calculated based on multiple Proportionate Share Projects, if applicable.

g.

Proportionate Fair-Share Agreements

1.

Upon execution of a proportionate fair-share agreement (Agreement) and satisfying other concurrency requirements, an applicant shall receive a city certificate of concurrency approval. Should the applicant fail to apply for building permits within the timeframe provided for in the city concurrency certificate, then the project's concurrency vesting shall expire, and the applicant shall be required to reapply. Once a proportionate fair share payment for a project is made and other impact fees for the project are paid, no refunds shall be given. All payments, however, shall run with the land.

2.

Payment of the proportionate fair-share contribution for a project and payment assessed of other road impact fees assessed to that project not subject to an impact fee credit shall be due and must be paid within 60 days of the effective date of the proportionate fair share agreement. The effective date shall be specified in the agreement and shall the date the agreement is approved by the Commission or its designee.

3.

All developer improvements accepted as proportionate fair share contributions must be completed with three years of the issuance of the first building permit for the project which is the subject of the proportionate fair share agreement and be accompanied by a security instrument that is sufficient to ensure the completion of all required improvements. It is the intent of this section that any required improvements be completed within three years of the issuance of the first building permit for the project which is the subject of the proportionate fair share agreement.

4.

Dedication of necessary right-of-way for facility improvements pursuant to a proportionate fair-share agreement must be completed prior to the effective date of the proportionate fair share agreement.

5.

Any requested change to a development project subsequent to issuance of a development order shall be subject to additional proportionate fair-share contributions to the extent the change would generate additional traffic that would require mitigation.

6.

Applicants may submit a letter to withdraw from the proportionate fair-share agreement at any time prior to the execution of the agreement. The application fee and any associated advertising costs to the city shall be nonrefundable.

h.

Appropriation of Fair-Share Revenues

1.

Proportionate fair-share revenues shall be placed in the appropriate project account for funding of scheduled improvements in the city CIE, or as otherwise established in the terms of the proportionate fair-share agreement. At the discretion of the local government having jurisdiction over the relevant transportation facility subject to the proportionate fair-share agreement, and with the concurrence of the local government issuing the development order, proportionate fair-share revenues may be used for operational improvements prior to construction of the capacity project from which the proportionate fair-share revenues were derived. These operational improvements shall be consistent with, and sustainable through, the construction of the capacity project. Proportionate fair-share revenues may also be used as the 50 percent local match for funding under the FDOT Transportation Regional Incentive Program.

2.

In the event a scheduled facility improvement is removed from the CIE, then the revenues collected for its construction may be applied toward the construction of another improvement within that same corridor or sector that would mitigate the impacts of development.

10.4.2

TRANSPORTATION DEMAND MANAGEMENT MITIGATION

10.4.2.1

Intend and Applicability

a.

Intent

It is the intent of this section to make available concurrency mitigation measures for development that adversely impacts constrained roadways within designated Transit Oriented Corridors (TOC) and the Central City Transit Supportive Area (CCTSA). These measures may be used at the discretion of the Director of Community Development to allow automobile traffic to exceed adopted roadway segment capacities in exchange for the presence of or mitigation funding for bicycle, pedestrian and transit facilities or services. Concurrency mitigation is in accordance with city's designation as a Transportation Concurrency Exception Area (TCEA) with locally-preferred transportation multi-modal level-of-service standards and the goals, policies and objectives of the Comprehensive Plan which support alternative transportation modes.

b.

Applicability

Where development on a TOC or within the CCTSA adversely impacts roadway segments with volume-to-capacity ratios at or above 1.0, the Director of Community Development may require the multi-modal mitigation measures set forth herein in order for the development to obtain a Certificate of Concurrency, depending on the scale of the development activity and impact on the surrounding road network. Development seeking a longer transportation concurrency approval horizon than defined in this article, may request a Development Agreement or other such instrument to be considered by the city.

10.4.2.2

Mitigation Measures by Type of Development

a.

Type of Development: Development located adjacent to a transit stop and generating at least 120 daily trips.

Mitigation Measures: Construction of a transit bench pad and deployment area in compliance with the Engineering Standards Manual in a location acceptable to the transit agency. If the transit bench pad cannot be accommodated within public right-of-way, then a transit bench pad easement shall be executed between the property owner and transit agency.

b.

Type of Development: Development generating 750 or more daily trips and located adjacent to or within ¼ mile of a transit stop.

Mitigation Measures: Construction of a transit shelter pad and transit shelter structure at a location acceptable to the transit agency; and

Access Gaps: Where pedestrian access within ¼ mile of a transit route has one or more gaps in the sidewalk or side path network to the transit site, such gap shall be addressed and meet all City standards.

c.

Type of Development: Office and public/institutional or non-residential multi-use development containing 40,000 square feet or more and generating at least 750 daily or 50 PM Peak Hour trips.

Mitigation Measures: Construction of the transit stop improvements contained in Sub-Section b, and:

Commuter Assistance: The developer shall request to participate in the Florida Department of Transportation Commuter Services Program or other organization that provides similar commuter assistance services including carpool/vanpool programs within 12 months of final site plan approval.

Carpool/Vanpool Parking: A minimum of five percent of the required off-street parking spaces shall be dedicated to carpool/vanpool participants. Such spaces shall be located in close proximity to the principal employee entrance and appropriately marked.

d.

Type of Development: Development within multi-use master planned sites containing 40,000 square feet of office or institutional uses generating at least 2,000 daily and 150 PM Peak Hour trips (cumulative total for all uses).

Mitigation Measures: Provision of all mitigation measures outlined in Sub-Section c, and:

Transit Passes: The developer shall execute an agreement with the transit agency through which transit passes are purchased for employees or payment is made to allow for fare-free rides for employees and major target user groups within the development.

Shower/Changing Facilities: One shower/changing room facility accessible to employees shall be required for the first 40,000 of office or institutional space per building, with one additional facility for each additional 100,000 square foot of office space within the same building.

e.

Type of Development: Retail development generating at least 2,000 daily and 150 PM total Peak Hour Trips.

Mitigation Measures: Construction of an on-site transit shelter within the development site, provided that the site is acceptable to the transit agency. An easement agreement shall be executed with the transit agency to accommodate the transit shelter site as well as the transit vehicle routes.

f.

Type of Development: Single-family residential subdivisions or multi-family residential developments located along fixed transit routes.

Mitigation Measures: Dedication of land for and construct or provide funding for a transit shelter built in compliance with the Engineering Standards Manual at locations acceptable to the transit agency.

g.

Type of Development: Development meeting criteria in Sub-Sections 10.4.2.2.d and e above, depending on scale of the project at build-out and the specific impacts of the project on the transportation network may be required to fund and/or implement transportation demand management measures including higher levels of transit services in order to obtain a Certificate of Concurrency. Potential mitigation measures are listed below; any TDM package must include an analysis of the expected reduction in peak-hour automobile trips resulting from the proposed mitigation measures and annual trip monitoring data to ensure progress toward mitigation objectives.

Mitigation Measures: Dedication of park-and-ride parking spaces for public use; funding of transit capital and service improvements; and/or implementation of Staggered Work Hour or Telecommute Programs: to establish staggered work hours or telecommute options that reduces peak hour impacts.

h.

Type of Development: Development generating 750 or more daily trips and located within the CCTSA or UDA and not directly accessing a TOC.

Mitigation Measures: Fund the construction of off-site sidewalk and bicycle pathways to address nearby network gaps identified in the Comprehensive Plan. Sidewalk and bicycle pathway mitigation requirements shall improve connectivity and/or accessibility to nearby fixed-route transit services operated by the transit agency. The improvement shall be programmed in the Capital Improvement Element prior to the issuance of a building permit. The development may elect to construct the improvement or contribute sufficient funds to complete this mitigation project in the Sidewalk or Pathways Fund as approved by the Public Works Department.

10.5.1

APPLICABILITY

a.

Applicability

School concurrency shall apply only to residential uses that generate or have the potential to generate demand for public school facilities and that are proposed or established after the effective date of this article.

b.

Exemptions

The following residential uses or projects shall be exempted from school concurrency compliance review:

1.

Any single-family residential development project having construction plan approval or multi-family residential development project having a current and unexpired final site plan approval prior to the effective date hereof. Subject projects shall be deemed concurrent for school facilities. This concurrency determination shall be subject to the provisions of Sub-Section c, and shall remain valid for the time period specified based on an effective date of this article.

2.

Single-family subdivisions actively being reviewed on the effective date hereof that are determined to be sufficient and approvable by the city. Sufficient and approvable shall mean a complete application having been submitted, including all required items as specified within Section 9.5 of the Land Development Regulations. Upon receiving final development approval, projects shall be deemed concurrent for school facilities, subject to the provisions of Sub-Section c.

3.

Multi-family project site plans under active review on the effective date hereof that are determined to be sufficient and approvable by the city. Sufficient and approvable shall mean a complete application having been submitted, including all items required for review by the City of Lakeland Development Review Team. Upon receiving final development approval, subject projects shall be deemed concurrent for school facilities, subject to the provisions of Sub-Section c.

4.

Residential development projects that have set aside a site for a public school that is found acceptable to the School Board and that have agreed to provide site access and necessary utilities shall be exempt for up to three years from concurrency for the school level (i.e., elementary, middle or high school) to be addressed by the future school. A Development of Regional Impact or DRI that has set aside one or more acceptable school sites and shall provide site access and necessary utilities shall be exempt for up to five years from concurrency for the school level(s) to be addressed by said future school(s). Any residential or mixed-use DRI with an approved Development Order in effect prior to the effective date hereof shall be exempt from school concurrency for the current phase or to the extent exempted through an approved development order. Consistent with the provision of Section 39, Chapter 2005-290, Laws of Florida, this provision shall not apply to DRIs for which a development order was issued prior to July 1, 2005, or for which an application was submitted prior to May 1, 2005, unless the developer elects otherwise in writing.

5.

Single-family lots of record having received final plat approval or having been recorded prior to the effective date of the city's school concurrency regulations.

6.

Amendments to residential development approvals issued prior to the effective date of this article which do not increase the number of residential units or change the type of residential units proposed.

7.

Group quarters including residential type facilities such as local jails, prisons, hospitals, bed and breakfast establishments, colleges, motels, hotels, temporary emergency shelters for the homeless, adult halfway houses, firehouse dorms and religious non-youth facilities.

8.

Two-lot split of a vested parcel in compliance with all other land development regulations. For purposes of this section, a property owner may not divide a property into several tracts for development in order to claim exemption under this section. In making a determination as to whether a property is exempt under this section, the city shall consider, in addition to the ownership and parcel configuration at the time of the application, the ownership of the property as of the effective date of this article.

9.

Age-restricted development projects that are subject to deed restrictions prohibiting the permanent occupancy of residents under the age of 18 years. Such deed restrictions must be recorded and must be irrevocable for a period of at least 30 years, with revocation conditioned upon the project satisfying school concurrency. Such deed restrictions shall also name the City and Polk County School Board as parties to be notified in the event that there is proposed change to the age restriction requirement.

10.5.2

GENERAL

10.5.2.1

School Concurrency Time Limits

Concurrency for school capacity shall be granted for a development project for a period of 18 months. At a minimum, the project must have commenced rough lot grading consistent with an approved Water Management District Stormwater Permit within 18 months of the issuance of the city's certificate of concurrency in order for reserved school capacities to remain valid. This shall not include grading for model homes or model home centers. If an applicant donates land for a school facility, then concurrency for schools may be extended for a longer period, subject to approval by the local government and the School Board. For mixed use or residential DRIs, school concurrency may be extended for up to five years where the DRI has addressed all questions regarding school impacts and the Development Order includes conditions to address mitigation of any school impacts, as agreed to by the School Board including those defined in the Interlocal Agreement.

10.5.2.2

School Concurrency Service Areas

School Concurrency Service Areas (CSA) are established and may be subsequently modified to maximize available school capacity and make efficient use of new and existing public schools. These areas shall be school attendance zones (excluding attendance "spot zones") as expressed in Policy 2-C1 of the Comprehensive Plan Public School Facilities Element, and are established so that the adopted Level-of-Service will be achievable and maintained within bounds of the School Board's requirement for financially feasible five year program of work.

10.5.2.3

Methodology

To ensure that adequate school capacity is available for each school level (elementary, middle, and high school) and concurrent with the impacts of development, a Level of Service (LOS) standard of 100 percent of the permanent "Florida Inventory of School Houses" (FISH) capacity is in effect for all schools. Pursuant to State legislative changes to Chapter 163, F.S. in year 2011, school capacity determinations shall include the capacity of qualified relocatable or portable classrooms as provided in Section 163.3180, F.S.

(Ord. No. 5455, 07-21-14)

10.5.2.4

School Concurrency Determinations

Upon the receipt of a complete application for a non-binding or binding School Concurrency Determination, the city will transmit the application to the School Board for a determination of whether there is adequate school capacity, for each school level to accommodate the proposed development, based on the LOS standards, CSAs, and other standards set forth in the Interlocal Agreement.

The City shall issue a binding certification of School Capacity only upon:

a.

The School Board's written determination that adequate school capacity will be in place or under actual construction within three years after the issuance of final subdivision or site plan approval for each level of school without mitigation; or

b.

The execution of a legally binding mitigation agreement between the applicant, the School Board and the city. If a proposed development project does not meet school concurrency requirements and is not issued a Certificate of Concurrency, then the School Board shall place the development into a queue of pending projects for a period of 18 months. If conditions change such that adequate capacity becomes available to serve the project, then the applicant and the city shall be notified of the determination of adequate school capacity.

10.5.2.5

School Concurrency Management

a.

A Certificate of Concurrency shall be issued for a development approval, and remain in effect for the same period of time as the development approval with which it is issued. If the development approval does not have an expiration date, the Certificate of Concurrency shall be valid for 18 months, except that transportation concurrency certificates shall be valid for 36 months, with an additional one-year extension available through administrative approval by the Director of Community Development or the Director's designee.

b.

A Certificate of Concurrency may be accorded the same terms and conditions as the underlying development approval. If a development approval shall be extended, the Certificate of Concurrency shall also be extended.

c.

A Certificate of Concurrency may be extended to remain in effect for the life of each subsequent development approval for the same parcel, as long as the applicant obtains a subsequent development approval prior to the expiration of the earlier development approval.

d.

A Certificate of Concurrency runs with the land, is valid only for the subsequent development approvals for the same parcel, and is transferable to new owners of the original parcel for which it was issued.

e.

A Certificate of Concurrency shall expire if the underlying development approval expires or is revoked by the city.

10.5.3

SCHOOL CONCURRENCY MITIGATION

10.5.3.1

Mitigation Determination

In the event that a proposed development project will exceed the LOS standards, the Director of Community Development and the Polk County School Board Superintendent may consider mitigation measures. The following criteria shall be used to determine whether or not proposed mitigation can adequately offset the impacts of a proposed development:

a.

The proposed mitigation must be directed toward a permanent school capacity improvement identified by the Polk County School Board's financially feasible Five-Year Program of Work;

b.

The proposed mitigation must satisfy the demand(s) created by the proposed development;

c.

The proposed mitigation must be, at minimum, proportionate to the demand for public school facilities to be created by actual development of the property;

d.

If the needed capacity is available in one or more of the contiguous CSAs and the impacts of the development can be shifted to that CSA, mitigation shall not be required;

e.

The provision of temporary classrooms shall not be accepted as mitigation.

10.5.3.2

Types of School Concurrency Mitigation

If it is determined by both the Director of Community Development and the School Board Superintendent that a method of mitigation may be acceptable and can offset the impacts of a proposed development on schools capacity, then one or more of the following procedures shall be used and made part of a formal mitigation agreement described above:

a.

The donation, construction, or funding of school facilities sufficient to offset the demand for public school facilities created by the proposed development project.

b.

The creation of a mitigation bank based on the construction of a public school facility in exchange for the right to sell capacity credits.

c.

The donation of acceptable land in conjunction with the provision of additional school concurrency.

d.

The provision of additional student stations through the donation of existing buildings for use as a primary or alternative learning facility as long as the building meets "State Requirements for Educational Facilities" (SREF) standards.

e.

The provision of additional student stations through the renovation of existing buildings for use as learning facilities as long as the building meets SREF standards.

f.

The construction of permanent student stations or core capacity as long as the building meets SREF standards.

g.

The construction of a charter school designed in accordance with School Board and SREF standards, providing permanent capacity to the Board's inventory of student stations. The use of a charter school for mitigation must include provisions for its continued existence, required attendance by students generated by development, including but not limited to the transfer of ownership of the charter school property and buildings and/or operation of the school to the School Board.

An applicant may appeal a determination by the Director of Community Development, made pursuant to the terms of this article, to the City Commission. Appeals must be filed with the City Clerk within 30 business days of the determination or decision being appealed. Appeals shall be heard by the City Commission at an evidentiary hearing at which the reasons for the decision and the evidence relied upon shall be presented. The Applicant also shall have the opportunity to present the reason for appeal and evidence in support of the appeal. At its discretion, the City Commission may: (a) affirm the decision of the Director of Community Development; (b) remand the matter to the Director of Community Development for further proceedings; or (c) reverse the decision of the Director of Community Development. Decisions of the City Commission may be challenged in a court of competent jurisdiction in accordance with applicable law.