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Transportation Mobility Systems: An Alternative to Concurrency in Florida

1

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Dr. John M. DeGrove

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1924-2012

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Presenters

6

About David Goldstein

• Chief Assistant County Attorney for Pasco County

• Florida Bar Certified in City, County and Local Government Law

• Primary drafter of Pasco County’s Mobility Fee Ordinance and Multi-Modal Tax Increment ordinance

• Lead counsel that defended the challenge to Pasco County’s timing and phasing regulations.

7

About Richard E. Gehring

• Planning and Development Administrator for Pasco County

• Founding chairman of the Suncoast Section of the Florida Chapter APA

• Received Florida Chapter APA Suncoast Section Planner of the Year Award for 2010

• Pasco County given “One Bay” award by the Tampa Bay Regional Planning Council

8

About Jeffrey Hays, AICP

• Transportation Planning Manager, Alachua County Growth Management Department

• One of authors of Alachua County Mobility Plan

• Previously employed by USGS, Hernando and Alachua Counties in a variety of environmental, land use and transportation planning roles

9

About Bill Killingsworth, AICP

• Director, Division of Community Development, Florida Department of Economic Opportunity

• Previously worked for City of Jacksonville for more than 20 years

• Served as Director of Planning and Development, Chief of Community Planning and several other planning positions

10

Transportation Mobility Systems:

A Legal Overview

2009 Legislation (SB 360)

Evaluate and consider the implementation of a mobility fee to replace the existing transportation concurrency system.

A mobility fee should provide for mobility needs, ensure that development mitigates its impacts on the transportation system, and promote compact, mixed use, and energy efficient development.

12

2009 Legislation (SB 360)

Directed DCA and FDOT to complete a mobility fee study and file a joint report, including recommended legislation

DCA and DOT issued their Joint Report to the Florida Legislature on December 1, 2009

No specific legislation implementing Joint Report; some local governments proceeded forward anyway

13

2011 Community Planning Act

Section 163.3180(5)(f), Florida Statutes

Local governments encouraged to develop “tools and techniques” to complement transportation concurrency, including:

Long-term strategies to facilitate development patterns that support multimodal solutions, including urban design, and appropriate land use mixes

Exempting or discounting impacts of locally desired development, such as development in urban areas, redevelopment, job creation, and mixed use on the transportation system.

14

2013--HB 319

New subsection (i): If a local government elects

to repeal transportation concurrency, it is

encouraged to adopt an alternative mobility funding

system that uses one or more of the tools and

techniques identified in paragraph (f). Any

alternative mobility funding system adopted

may not be used to deny, time, or phase an

application for site plan approval, plat approval,

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2013--HB 319

final subdivision approval, building permits, or the functional equivalent of such approvals provided that the developer agrees to pay for the development's identified transportation impacts via the funding mechanism implemented by the local government.

Discretionary development approvals (rezonings, DRIs, development agreements) not included in this restriction

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2013--HB 319

Discretionary development approvals are subject to

transportation concurrency/prop share restrictions

May not be able to deny these approvals based on

transportation impacts if applicant offers in good

faith to enter into an agreement to pay for or

construct its prop share of required improvements

Complex prop share calculation with liberal

definition of excluded existing transportation

deficiencies, some of which could be included in

impact/mobility fee assessment under dual rational

nexus test

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2013--HB 319

A mobility fee-based funding system must

comply with the dual rational nexus test applicable

to impact fees. An alternative system that is not

mobility fee-based shall not be applied in a

manner that imposes upon new development

any responsibility for funding an existing

transportation deficiency as defined in

paragraph (h).

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Dual Rational Nexus Test

A rational nexus between proposed

development and the need for additional

capital facilities for which the fee or exaction

is imposed (“Needs Prong”)

A rational nexus between the

improvement/expenditure of funds collected

and the benefits accruing to the development

(“Benefit Prong”)

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Dual Rational Nexus Test

Needs Prong More Difficult Issue for Mobility

Fees

Limited to capital facilities; generally can’t assess

for O&M, and transit is O&M intensive

Difficult to “promote” or “discount” compact,

mixed use, energy efficient developments (TND

and TOD), because development should be

paying for the same need (level of service), and

fee differentials are generally only based on trip

generation

20

Dual Rational Nexus Test

Pasco dealt with the Capital vs. O&M issue

by using a different funding source for transit

operations (home rule tax increment based

on Strand case)

Pasco discounted fees for urban areas, TND

and TOD by:

Relying on California studies (Caltrans) showing

that TND and TOD generate lower vehicle miles

traveled (VMT), because more people walk, bike

or ride transit

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Dual Rational Nexus Test

Lower level of service (more congestion) for

urban areas, assuming greater reliance on

transit; helped offset higher right of way and

construction costs in urban areas

Subsidized or “bought down” the fees for urban

areas, TND and TOD (and other favored uses)

with other non-impact fee revenue sources

22

Florida Impact Fee Act

(163.31801, Florida Statutes)

Most recent and localized data (Pasco

updates every 3 years)

Accounting/reporting/auditing requirements

Administrative charges limited to actual costs

Local government has burden of proof if fee

challenged based on dual rational nexus test

23

Advantages of Mobility Fee Systems

Over Concurrency Post-HB 319

For Mobility Fee Systems, authority to deny,

time, or phase discretionary development

approvals based on transportation impacts

still alive -- not as clear for transportation

concurrency

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Advantages of Mobility Fee Systems

Over Concurrency Post-HB 319

Dual Rational Nexus Test is more favorable

than prop share calculation -- more revenue

Can create predictable, equitable, and easy

to calculate fee schedule -- prop share is

none of these things

More predictable revenue source for capital

planners

25

Advantages of Mobility Fee Systems

Over Concurrency Post-HB 319

Can clearly spend Mobility Fees on other

modes (transit, bicycle/pedestrian) and local

roads

Can tailor Mobility Fees to land use goals

(smart growth, economic development, etc.)

and help reduce the sprawl that

transportation concurrency contributed to

26

Advantages of Mobility Fee Systems

Over Concurrency Post-HB 319

When remove fight over dollar amount

owed, frees up staff time to focus on

planning for solutions

Mobility Fees easier to explain to public than

concurrency/prop share

27

Pasco County’s Planning and

Development Structure for

Mobility Fee and

Timing and Phasing System:

29

Pasco…. Population: 464,697

Ranks 12th largest in the State of

Florida, 7th largest in population

change

In the eight county Tampa Bay

Partnership Region (map), Pasco is

the 2nd largest jurisdiction behind

Hillsborough County and ahead of

all other communities and counties.

Winner of the Inaugural One Bay

Award for "New Smart Pasco:

Market Area Plan and Transit

Oriented Development

Amendments."

The Tampa Bay Region is a hotspot

for innovative companies in the

sciences and services. It’s the 14th

largest consumer market in the

country and offers a diverse and

talented workforce supported by the

fastest growing research

university in the country- the

University of South Florida.

Multiple seaports and airports

create a cost competitive logistics

and distribution network offering

access to the global economy.

The communities of Tampa Bay

provide a burgeoning economy and

unfound diversity, both ripe with

possibilities, that ultimately enable

residents to capitalize on the

potential richness life has to offer.

PASCO COUNTY

Position Tampa Bay

Region and the

Florida Super Region

PASCO COUNTY

500,000 Acres

500,000 Population 93% Unincorporated

2040 Population 840,000 – 920,000

Tampa Bay Greenfield Growth Area

Future Employment Expansion

One Bay Focus on Consentrated Growth

Growth Area for Super Region Evolution

Factors Motivating Pasco

48% of Pasco County workers employed outside of Pasco County boundaries – Highest % of commuters in Region

12% Unemployment – Highest % in Region

Highest impact fees in Region

Unsustainable Growth Patterns

Tax Base dependent on residential development (79%)

Transportation Mitigation was complex and encouraged sprawl

Pasco County Mobility Fee - Overview

Adopted in 2011

Consumption based impact fee that complies with dual

rational nexus test

Assesses Capital Costs for

Roads

Transit

Bicycle/Pedestrian

O&M Costs Addressed by Gas Tax and Tax Increment Revenue

Mobility Planning History

TBARTA Adopts Transit Master Plan

MPO Adopts 2035 Long Range

Transportation Plan

Transit Oriented Development

Roadway Improvements

Transit Routes

Multi-Use Trail Facilities

Pedestrian Facilities

Bicycle Facilities

July 12, 2011

One of the First Counties in Florida/United States to Adopt a Mobility Fee

Innovative

Promotes Smart Growth

Promotes Economic Development

Pilot project becomes model for other communities

Fee Structure

Tiered Mobility Fee Rates

Lower Fees in Urban Market Area

Higher in Suburban & Rural Market

Areas

Longer Trip Lengths, higher LOS

standard = higher fees

Update Every 3 Years

Preferred Rates

Office

Industrial

Lodging (Hotel)

Traditional Neighborhood

Development/Town Centers (TND)

Transit Oriented Development (TOD)

January 13,

2012

Rate Buy-Down Other transportation revenues subsidize/buy-down mobility fee for preferred uses and locations

Gas Tax

Penny for Pasco (Sales Tax)

33.33% County-Wide Home Rule Tax Increment District

Required buy-down calculated yearly based on actual permits and revenues

FEE COMPARISON TABLE

(Non-residential fees are per 1,000 sf)

Prior TIF Mobility Fee

Urban

(West/South)

Mobility Fee

Suburban

(Central/East)

Mobility Fee

Rural (North)

Single-Family

(1501-2499 s.f.)

$10,302 $5,835 $8,570 $9,800

Apartments $7,564 $3,971 $5,845 $6,694

Light Industrial $3,151 $0 $1,000 $2,000

Office

(50,000-100,000)

$3,703 $0 $1,000 $2,000

Retail

(50,000-200,000)

$8,877 $5,641 $7,051 $8,813

Hotel $3,147 $0 $597 $1,192

FEE COMPARISON TABLE

TND and TOD

(Non-residential fees are per 1,000 sf)

Prior TIF Mobility Fee

Urban

(West/South)

Mobility Fee

Suburban

(Central/East)

Mobility Fee

Rural (North)

Town Center/

TND Single-Family

(1501-2499 s.f.)

$10,302 $1,459 $2,143 $2,450

Town Center/

TND Apartments

$7,564 $993 $1,463 $1,970

Town Center/

TND Light Industrial

$3,151 $0 $250 $500

Town Center/

TND Office(50,000-

100,000)

$3,703 $0 $250 $500

Town Center/

TND Retail(50,000-

200,000)

$8,877 $1,410 $1,763 $2,203

Town Center/

TND Hotel

$3,147 $0 $149 $298

TOD – All Uses N/A $0 N/A N/A

Rural Area Fees

Town Center Comparison

Rural Movie Theater

$21,454 per screen – 168% of prior transportation impact fee

Movie Theater in

Town Center

(Dade City, Pasadena Hills)

$4,318 per screen – 34% of prior transportation impact fee

Rural Area Fees

Town Center Comparison

Rural Supermarket

$13,082 per 1,000 s.f. – 160% of prior transportation impact fee

Supermarket in Town Center

(Dade City, Pasadena Hills)

$2,611 per 1,000 s.f. –

32% of prior transportation impact fee

Municipalities

Municipalities can participate; not required to participate

CRA’s excluded from home rule tax increment district

If participate, mobility fees and tax increment revenues collected in cities will be earmarked for improvements benefiting cities

Cities benefit from TND/Town Center rates in fee schedule

SIS Facilities

Portion of fee earmarked for improvements

that benefit Strategic Intermodal System (SIS)

in Pasco County

US 19

I-75

Suncoast Parkway

Portions of US 41 and SR 54

Requires consultation with FDOT prior to

budgeting SIS portion

Can be used for regional transit

Community Planning Act

Reinforcement

Local governments encouraged to develop tools and techniques to complement the application of transportation concurrency

Exempting or discounting impacts of locally desired development

Urban areas, redevelopment, job creation, and mixed use

Multi-modal solutions

* See Section 163.3180(5)(f), Florida Statutes

Pasco County’s Timing and

Phasing System

Opted-out of transportation concurrency in 2012 and now perform LOS analysis only at discretionary entitlement stage (Comp Plan/Rezoning/DRI)

Staff performs analysis, unless applicant volunteers to do it

Discretionary entitlements can be timed or phased to match available transportation capacity, or can be approved notwithstanding identified LOS failures

Pasco County’s Timing and

Phasing System

Site plans, building permits, plats etc. exempt—”pay mobility fees and go”

Exemptions for office, industrial and hotel uses

Exemptions for transit-oriented development (TOD)

More lenient LOS for traditional neighborhood development (TND), projects that incorporate Mixed Use Trip Reduction Measures (MUTRM), and development in Pasco’s designated urban areas

Exemptions for entitlements purchased from rural market area through TDR program

Pasco County’s Timing and

Phasing System

Just in case, created 5-year window for development to opt-out of new system and remain subject to transportation impact fees and transportation concurrency/proportionate share

No developer has opted out yet

No project denied since system adopted

At least 5 major projects have been approved since system adopted, including the development that challenged the system (Wiregrass)

Pasco County’s Timing and

Phasing System

Other projects seeking to use system in lieu of DRI DRI transportation analysis

Pasco’s Timing and Phasing/Mobility Fee System serves other public purposes that are equally or more important than the maintenance of transportation capacity, including economic development, tourism, promotion of “smart growth”, and reduction of sprawl

END OF PRESENTATION – Thank You……..

5 Years of Progress

Mixed Use Land Use Amendments

◦ Traditional Neighborhood Developments

◦ Transit Oriented Developments

Small blocks, buildings oriented to street,

parking to rear and on-street.

MOBILITY Long Term Capital Improvements Element

MULTI-MODAL

TRANSPORTATION

MITIGATION PROGRAM (MMTM)

Uses similar factors to original Transportation Impact Fee

Vehicle Miles Travel (VMT) Based / One Time Payment

Simple look up table = Surety

Infrastructure = Mobility Plan Capital Improvements Element

TOD/TND -- Reduced mitigation recognizes reduced impact due to higher internal capture and mode shift

MULTI-MODAL TRANSPORTATION

MITIGATION (MMTM) PROGRAM

MULTI-MODAL vs ROADWAY ONLY

More Fiscally Efficient

Multi-Modal Transportation Districts

MMTM TABLE

WHAT DOES IT GET SPENT ON?

Consistent with Capital Improvements Element

TRANSPORTATION

IMPROVEMENT DISTRICT

Home Rule Tax Increment Finance Plan

Uses percentage of increase in general tax revenue for mobility

Anchored by Transit Oriented Development

Projects consistent with Capital Improvements Element

Allows County or Developer to front-end infrastructure

Mechanism to fund rapid transit service

SOUTHWEST DISTRICT

Celebration Pointe Transit Oriented Development

DEVELOPMENT COMPARISON

Development Haile Plantation Celebration Pointe

Acres 1,628 115

Miles of Road 37 3

Linear ft. of road/Unit

72.73 7.04

Residential Units 2,686 2,250

Residential Density

1.65 DU / ACRE 20 DU / ACRE

Non-Residential 280,000 896,000

Non-Residential Density / FAR

40 SF / CAPITA 175 SF / CAPITA

Hotels 0 250

FISCAL IMPACT (Celebration Pointe Approval)

•TOD: 2012-2035 resulted in $33.7 million surplus after TID is funded

FISCAL IMPACT (Under Base Land Use)

•Low Density: 2012-2035 resulted in $-195,910 deficit after TID is

funded

Based on 600 units consistent with underlying land use

PLAN PROACTIVELY POTENTIAL TND/TOD LOCATIONS

PLAN REGIONALLY POTENTIAL TND/TOD LOCATIONS

William B. Killingsworth

Director, Division of Community Development

City of Jacksonville’s 2030 Mobility Plan

Well Timed Opportunity

• The City was completing the first draft of three

Vision Plans.

• The TPO was updating the Long Range

Transportation Plan.

• Consensus that fair share was not working.

• The City was designated as a “dense urban land

area” or DULA per SB 360 (2009).

Mobility Strategies

Four mobility strategies outlined in Plan:

• Connect land use and transportation;

• Provide a multi-modal plan;

• Fund mobility; and

• Incentivize quality growth and development.

Average Vehicle Miles Traveled

by Traffic Analysis Zone

Development Areas

Land Use and Transportation Connection

• Development Areas link land use and transportation.

• Development Areas:

– Central Business District (CBD)

– Urban Priority Area (UPA)

– Urban Area (UA)

– Suburban Area (SA)

– Rural Area (RA)

• FLUE identifies land use criteria by Development Area.

Land Use and Transportation Connection

• Development Areas used to calculate average weighted VMT to assess a project’s mobility fee.

– Central Business District: 9.09 miles

– Urban Priority Area: 9.24 miles

– Urban Area: 9.46 miles

– Suburban Area: 10.28 miles

– Rural Area: 12.27 miles

Provide a Multi-Modal Plan

• Projects transportation deficiencies through 2030 - coincides with horizon year of the Comprehensive Plan.

• Identifies transportation needs for all modes:

• Bicycle;

• Pedestrian;

• Transit;

• Single Occupancy Vehicles.

Provide a Multi-Modal Plan

• Transportation improvement projects are proposed to address roadway deficiencies.

• Projects include:

• Roadway capacity;

• BRT, commuter rail, and streetcar;

• Facilities to improve bicycle network connectivity; and

• Pedestrian improvements design to achieve sidewalk connectivity.

Provide a Multi-Modal Plan

• Prioritized Multi-Modal Improvement Project List

– Projects have been prioritized based on evaluation criteria such as, but not limited to:

• Magnitude of Deficiency Mitigated;

• Existing Capacity Deficiency;

• Multi-modal or Intermodal Connectivity; and

• Transit Accessibility.

Provide a Multi-Modal Plan

• A qualitative measure describing operational conditions within a traffic stream.

• Q/LOS value for each mode, weighted based on location and needs of each Mobility Zone.

• Expressed as letter grade levels (Q/LOS B-F).

Quality/Level of Service (Q/LOS)

• Grades are assigned a numerical value to calculate a Mobility Score.

Mobility Zones

Mobility Auto/Truck

Mode Transit Mode Bicycle Mode Pedestrian

Mode Weighted Weighted

Zone Score %

Weight Score %

Weight Score %

Weight Score %

Weight Score Q/LOS

"Grade"

1 1.68 60% 0.72 10% 2.41 15% 1.71 15% 1.70 E

2 1.78 60% 1.17 10% 2.69 15% 1.76 15% 1.85 E

3 2.56 80% 0.23 5% 2.40 10% 1.23 5% 2.36 D

4 2.29 80% 0.51 5% 2.43 10% 1.24 5% 2.16 D

5 2.13 80% 0.06 5% 2.12 10% 1.18 5% 1.98 E

6 2.36 80% 0.06 5% 2.62 10% 1.40 5% 2.22 D

7 1.39 25% 1.44 25% 1.73 25% 1.93 25% 1.62 E

8 2.09 25% 2.34 25% 1.92 25% 2.05 25% 2.10 D

9 1.99 25% 1.95 25% 1.91 25% 1.85 25% 1.93 E

10 2.02 20% 2.65 30% 1.96 20% 2.52 30% 2.35 D

Average 2.03 1.11 2.22 1.69 2.03 D

Mobility Score, a quantitative measure to determine the

average quality of service of the Mobility Plan within each of

the Mobility Zones.

Provide a Multi-Modal Plan

Fund Mobility

• Mobility Fee, assessed for new development as follows:

Mobility Fee = A x B x C

Where: A = Cost per VMT; B = Average VMT per Development Area; C = Project Daily Vehicle Trips

• Mobility Zones – Fee is applied to a defined geographic area, a Mobility Zone. – Ensures a rational relationship between the transportation

improvement to which the mobility fee is applied and the location of the development.

Incentivize Quality Growth •Trip reduction adjustments provide an opportunity to reduce the assessed mobility fee by reducing the total number of calculated trips generated by a proposed development.

•Applied as a % of the calculated trip generation and subtracted from the project’s trips (value “C”).

Mobility Fee = A x B x (C – Trip Reduction Adjustments)

Where: A = Cost per VMT;

B = Average VMT per Development Area;

C = Project Daily Vehicle Trips

Incentivize Quality Growth

• Trip reduction adjustments are based upon such

things as the street intersection density, bicycle

network completion, sidewalk network

completion, household density, number of

employees, a mix of uses,

transit service, and the

presence of local serving

retail within a ½-mile radius of

the proposed development.

Updating the 2030 Mobility Plan

• 2030 Mobility Plan will be evaluated every 5 years with the North Florida TPO’s Long Range Transportation Plan. Mobility fees may be re-assessed at that time.

• Over the first 5 years of the Mobility Plan, the City will collect data and establish baselines to begin evaluating the long range goal of reducing vehicle miles traveled.

Policy Implications

• Incentivizes infill and redevelopment.

• Incentivizes quality growth.

• Guides the market.

• Focuses on the future.

• Predictable, fair, efficient.

QUESTIONS?

• Your webinar control panel includes a “Questions” box.

• Please type any questions in this box.

• Please refer to the slide number and/or speaker when you post your question.

• Please keep your questions succinct!

• Staff will ask the presenters questions, as time permits.

THIS WEBINAR:

• Approved for 2 AICP CM credits for Planners (including 1.5 legal credits) - #24352

• Approved for 2.5 CLE credits with Florida Bar – #1306233N

• Approved for 2 CEHP credits

• PowerPoint is available for downloading: www.1000friendsofflorida.org.

• Register for upcoming webinars: www.1000friendsofflorida.org/communications/webinars

Please Support the Dr. John M. DeGrove Webinars

1000 Friends needs your support to continue this free webinar series in 2014. Costs include:

• Go-to-Webinar subscription

• AICP CM subscription

• CLE Fees

• Staff time

Please make a donation to 1000 Friends at www.1000friendsofflorida.org/donate-now/

and under “program” click “DeGrove Education Fund”