| | | | | | | |  | Committee Assignments - C4 U
COMMISSION MEMORANDUM |
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| | | | | | | | | TO: | Honorable Mayor and Members of the City Commission | | | FROM: | Alina T. Hudak, City Manager | | | DATE: | May 4, 2022 | | | |
| | SUBJECT: | REFERRAL TO THE PLANNING BOARD - MOBILITY FEE AMENDMENTS |
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| | | | | | | | RECOMMENDATION
| | The Administration recommends that the City Commission refer the proposed Amendment to the Planning Board. |
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| | | | | | | | BACKGROUND/HISTORY
| | On October 16, 2019, the City Commission adopted Ordinance No. 2019-4306, which replaced the previous transportation concurrency fee with a city-wide mobility fee. |
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| | | | | | | | ANALYSIS
| PLANNING ANALYSIS
Chapter 122 of the Land Development Regulations sets forth mobility fees, which are assessed on new development or changes of use that increase the transportation impact of development. Section 122-24 establishes the Mobility Fee rates and the proposed Ordinance would move the fees from this section of the LDR’s to the fee schedule in Appendix A. This will provide better consistency with the location of other fees assessed by the Planning Department, as well as improve fee transparency as the Mobility Fees would all be located within the same Code section. Additionally, the annual process of updating the fees pursuant to the Consumer Price Index (CPI) would be better standardized in Appendix A. The mobility fees are currently subject to annual updates pursuant to the CPI and under the existing regulations this update is set on a different schedule from the remainder of fees.
While the proposed Ordinance may give the appearance of a fee increase, it does not modify the current mobility fees. The fees currently codified are those that were originally adopted in 2019, and they have only changed on an annual basis pursuant to the CPI, as required by section 122-24. However, these increases pursuant to the CPI have not been reflected in section 122-24, and the proposed Ordinance will update the codified fees to those currently in effect. Moving forward the codified fees will remain up to date when Appendix A undergoes an annual CPI updating process.
The Ordinance also proposes an update to the courier fee that is assessed on land use board applications; this fee covers the cost of delivering packages to land use board members. The proposal increases the courier fee from $10.00 per package to $15.00 per package. Over the last year, the average cost of couriering each package, which contains multiple applications and exhibits, to land use board members has increased from approximately $28.00 per package to $36.00 per package. As a result, the costs to the Planning Department have increased significantly. This fee modification is intended to cover these costs, as well as provide a framework, moving forward, that will better reflect CPI updates.
APPLICATION FEE WAIVER
The subject amendment is being referred on a comprehensive, citywide basis, and not on behalf of a private applicant or third party. Pursuant to section 118-162(c) of the Land Development Regulations of the City Code, amendments to the City Code require the payment of the applicable fees in section 118-7 and Appendix A. These fees may be waived by a five-sevenths (5/7ths) vote of the City Commission, based upon one or more of the following circumstances:
1. The City Manager determines, in writing, that the proposed amendment is necessary due to a change in federal or state law, and/or to implement best practices in urban planning;
2. Upon written recommendation of the city manager acknowledging a documented financial hardship of a property owner(s) or developer(s); and/or
3. If requested, in writing, by a non-profit organization, neighborhood association, or homeowner's association for property owned by any such organization or association, so long as the request demonstrates that a public purpose is achieved by enacting the applicable amendment.
The City Manager has determined that the proposed amendment is necessary to implement best practices in urban planning.
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| | | | | | | | SUPPORTING SURVEY DATA
| | Enhance Administration of Development Process |
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| | | | | | | | FINANCIAL INFORMATION
| | No Fiscal Impact Expected |
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| | | | | | | | CONCLUSION
| The Administration recommends the following:
1. In accordance with section 118-162(c) of the City Code, the City Commission waive the applicable application fees based upon the legislation implementing best practices in urban planning.
2. The City Commission refer the subject Ordinance to the Planning Board. |
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| | | | | | | | | Is this a "Residents Right to Know" item, pursuant to City Code Section 2-14? | | Does this item utilize G.O. Bond Funds? | | | Yes | | No | |
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| | | | | | | | Legislative Tracking
Planning |
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