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19-013 ORDINANCE NO. 19-013 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA APPROVING AMENDMENT TO THE COMPREHENSIVE PLAN TRANSPORTATION ELEMENT CREATING FRAMEWORK FOR POTENTIAL FUTURE ESTABLISHMENT OF A MOBILITY FEE; PROVIDING FOR CONFLICTS, SEVERABILITY, AND AN EFFECTIVE DATE. 1 � 1 WHEREAS,the City Commission of the City of Boynton Beach,Florida("City")has 1 adopted a Comprehensive Plan pursuant to Ordinance 89-38 in accordance with the Local 1 Government Comprehensive Planning Act; and WHEREAS, the Currently, Boynton Beach and other county municipalities are 1 subject to Palm Beach County concurrency, road impact fees and proportionate fair share 1" regulations; and 1 ' WHEREAS, negative aspects of transportation concurrency systems, such as their 1 : focus on roadways, inequitibility and promotion of sprawl have been generally recognized; 1 and 211 WHEREAS, Florida statutes encourage local governments to repeal transportation 2 concurrency and adopt an alternative mobility-based funding system that allows developers 2 to pay a fee as mitigation for their transportation impacts; and 2 WHEREAS, the proposed amendments add thirteen new policies for the 2 Comprehensive Plan's Transportation Element, creating a framework for potential 2 implementation of a mobility fee; and 2 WHEREAS, this revenue generator could ultimately allow the City to start funding 2 the full range of the needed multi-modal transportation improvements within its boundaries. 2 ; WHEREAS, within the area designated for its implementation, the future Mobility 2 Fee may replace the Palm Beach County concurrency system, the County's road impact fee 3 o and the proportionate share requirements; and 3 WHEREAS, after public hearing, the City Commission deems it to be in the best 3 interest of the inhabitants of the City to amend the text of the City's Comprehensive Plan as 3 provided herein; and 3 WHEREAS, the City Commission finds that the adoptions of these Comprehensive C:\Users\StanzioneT\AppData\Local\Microsoft\Windows\INetCache\IE\HE6MEH3X\Comp_Plan_Text_ Amendment_(mobility_fee)_-_Ordinance.docx 1 I Plan Amendments are in the best interest of the health, safety and welfare of the citizens and residents of the City of Boynton Beach. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH,FLORIDA, THAT: . Section 1. The foregoing Whereas clauses are true and correct and are now ratified and confirmed by the City Commission. Section 2. That the Transportation Element of the Comprehensive Plan is hereby amended creating framework for potential future establishment of a mobility fee by adding the words and figures in underlined type and by deleting the words and figures in struck- 11 through type, as follows: 1 1 ' See Exhibit"B"attached hereto and incorporated herein 1 . 1 Section 3. All laws and ordinances applying to the City of Boynton Beach in 1 . conflict with any provisions of this Ordinance are hereby repealed. i , Section 4. Should any section or provision of this Ordinance or any portion 1 ' thereof be declared by a court of competent jurisdiction to be invalid, such decision shall not 1 ; affect the remainder of this Ordinance. 1 ' Section 5. The effective date of this plan amendment shall be: The date a final 21 order is issued by the Department of Economic Opportunity finding the amendment to be in 2 compliance in accordance with Chapter 163.3184, F.S.; or the date a final order is issued by 2' the Administration Commission finding the amendment to be in compliance in accordance 2. with Section 163.3184, F.S. 2 2. FIRST READING this /G day of6On' I , 2019. 2. 2' C:\Users\StanzioneT\AppData\Local\Microsoft\Windows\INetCache\IE\HE6MEH3X\Comp_Plan_Text_ Amendment_(mobility_fee)_-_Ordinance.docx 2 S GOND, FINAL READING AND PASSAGE this l` day of 2019. CITY OF BOYNTON BEACH, FLORIDA YES NO Mayor—Steven B. Grant 1/ 11 1 Vice Mayor—Justin Katz V 1. I Commissioner—Mack McCray ✓ 14 1- Commissioner—Christina L. Romelus V 1' 1 Commissioner—Ty Penserga '/ 1: I' VOTE 21 ATTEST: 2 z 2. 2 C tat Gibson, MMC 2, City Clerk 25 2 i (Corporate Seal) } p k t 6 ,. t ' ti5 i <:2 1 74. 4 •t SJ 1 /` B.EY - C:\Users\StanzioneT\AppData\Local\Microsoft\Windows\INetCache\IE\8RGLJJDT\Comp_Plan_Text_A mendment_(mob i lity_fee)_-_Ordinance.docx 3 EXHIBIT B Objective 2.6 The City shall provide for private sector responsibility to implement project related transportation improvements, including bicycle, pedestrian, and public transit infrastructure, particularly within the TCEA. Policy 2.6.1 The City shall continue to modify and enforce regulations to require a traffic impact analysis for any development project anticipated to generate 200 or more additional vehicle trips per day or 250 trips in the AM or PM peak hour. Policy 2.6.2 The City shall continue to require improvement of roadways to mitigate the impacts of development as a condition of development approval. The City shall, wherever feasible, require the construction of transportation improvements in lieu of impact fee contributions. Policy 2.6.3 The City may seek to repeal and replace Palm Beach County transportation concurrency, proportionate fair-share and road impact fees with a Mobility Fee based upon a Complete Streets Mobility Plan. Repeal of Palm Beach County transportation concurrency, proportionate fair-share and road impact fees will require consultation with Palm Beach County. The City may also apply a Mobility Fee to the city-maintained facilities, repealing City transportation concurrency and proportionate fair-share applicable to local roadways. Policy 2.6.4 The Mobility Fee may be implemented and adopted citywide or may be adopted only for specific areas or districts within the City. For each such specific area or district,an adopted Mobility Fee shall replace both Palm Beach County transportation concurrency, proportionate fair-share and road impact fees and City transportation concurrency and proportionate fair-share. Policy 2.6.5 The Complete Streets Mobility Plan and Mobility Fee may be adopted by resolution of the City Commission. The Mobility Fee would go into effect per the provisions of the Mobility Fee ordinance. Policy 2.6.6 Should the City Commission elect to adopt a Mobility Fee, the City, within one year of adoption of the implementing Ordinance,shall update the Transportation and Capital Improvement Elements of the Comprehensive Plan to reflect the repeal of transportation concurrency, proportionate fair-share and road impact fees and update policies related to level and quality of service standards, complete streets, capacity determinations, backlogged facilities, transportation and associated multi-modal policies and other elements addressed in the Complete Streets Mobility Plan. Policy 2.6.7 The Complete Streets Mobility Plan shall include provisions that address mobility between destinations and should address accessibility to, from destinations, and between modes of travel. The improvements in the Plan shall be based upon the expected, anticipated or desired increase in new development, infill development and redevelopment by the established horizon year and the associated increase in vehicular and person travel demand. The Complete Streets Mobility Plan shall include quality and level of service standards for all modes of travel. Policy 2.6.8 The City, as part of a Complete Streets Mobility Plan, may adopt quality and/or level of service standards for pedestrians, bicycle, transit and other multi-modal facilities included in the Plan. Quality of Service standards shall be related to the overall travel experience of the user with higher standards established in areas where walking, bicycling, transit and other non-vehicular modes of travel are encouraged.Level of Service standards shall be related to the width or size of pedestrian, bicycle and non-vehicular facilities with wider and larger facilities in areas where non-vehicular modes of travel are encouraged and frequency of transit service with greater frequencies and spans of service in areas where transit is encouraged. Policy 2.6.9 The Complete Streets Mobility Plan may serve as a Master Plan for roads and transit within the City, and also function as a Bicycle, Pedestrian, Trails, Blueways, Greenways and other non-vehicular modes or travel Master Plan. Policy 2.6.10 The Complete Streets Mobility Plan may also incorporate provisions for reduced heat island effects and improve air quality through trees and landscaping and to reduce stormwater run-off and water quality through the integration of low impact development techniques, bio-swales, rain gardens and other green techniques that can be incorporated into the planning, design and construction of transportation improvements. Policy 2.6.11 The Complete Streets Mobility Plan may include policies related to land use to encourage multi-modal supportive development. The Plan may also include provisions that allow for reduction in development parking requirements in recognition of car and bicycle sharing in complete streets. , and parking strategies that reduce parking requirements for mixed-use,multi-modal development and affordable housing. Policy 2.6.12 The Mobility Fee would be a one-time assessment on new development or redevelopment that results in an impact to the transportation system through an increase in vehicular trips or vehicular miles of travel or an increase in person trips or person miles of travel. The Mobility Fee, consistent with State Statute, shall be required to meet the dual rational nexus test and shall be reasonably attributable to the travel demand impact of new development,infill and redevelopment. Policy 2.6.13 The Mobility Fee may include provisions to encourage and incentivize new development, infill and redevelopment within targeted areas of the City. The Mobility Fee may also include provisions to encourage affordable and workforce housing, mixed-use, multi-modal supportive development, and desired land uses that increase employment and attract economic development. Policy 2.6.14 An application for private development may not be required to pay a Mobility Fee and also meet transportation concurrency, proportionate- fair share and road impact fees to the extent the Mobility Fee address the same facilities and travel demand impacts as would be addressed through the application of transportation concurrency, proportionate- fair share and road impact fees for City and/or County or State maintained facilities. Policy 2.6.15 In consideration of a future Complete Streets Mobility Plan, the City may review the Land Development Regulations to consider incentives for and accommodate the needs of compact four and two wheel vehicles (such as hybrids, smart cars, and vespas/scooters, etc.) by assessing the parking requirements and other provisions of the code.