Chapter 655 - CONCURRENCY AND MOBILITY MANAGEMENT SYSTEM

Sec. 654.143. - Written decisions, interpretations and appeals. Chapter 656 - ZONING CODE Chapter 655 - CONCURRENCY AND MOBILITY MANAGEMENT SYSTEM[1]

Footnotes: --- (1) ---

Editor's note— Ord. 2011-536-E, § 1, amended the title of Ch. 655.

State Law reference— Concurrency, F.S. §§ 163.3180, 163.3202(2)(g).

State rule reference—Concurrency management, F.A.C. 9J-5.0055.

PART 1. - GENERAL PROVISIONS

Sec. 655.101. - Short title.

This Chapter shall be known and may be cited as the Concurrency and Mobility Management System.

(Ord. 90-1251-571, § 1; Ord. 2011-536-E, § 1)

Sec. 655.102. - Purpose and declaration of public policy.

The purpose of this Chapter is to ensure the availability of public facilities, except Motorized and Non-motorized public transportation facilities, and the adequacy of those facilities at adopted levels of service concurrent with the impacts of development; and to provide Motorized and Non-motorized public transportation facilities at the adopted performance measures and consistent with the Mobility System as established in the Comprehensive Plan. This purpose is implemented by means of a Concurrency and Mobility Management System (CMMS) which measures the potential impact of a proposed development on the adopted minimum levels of service for all public facilities, except Motorized and Non-motorized public transportation facilities, and manages the collection of Mobility fees pertaining to Motorized and Non-motorized public transportation facilities consistent with the Mobility System, as established in the Comprehensive Plan, when an application for a final development order or final development permit is submitted. The CMMS shall ensure that the adopted level of service standards and performance measures shall not be degraded by the issuance of a final development order or final development permit.

The Council declares as a matter of public policy that the concurrency requirements of the Community Planning Act, F.S. Ch. 163, Pt. II, are a public necessity and are important in the protection and enhancement of the quality of life in the City of Jacksonville, as well as Duval County and the State of Florida.

The Council further declares that in order to adequately and efficiently address the City's mobility needs the City has replaced transportation concurrency with the Mobility System and hereby implements the adopted performance measures for Motorized and Non-motorized public transportation facilities of the Mobility System through the regulations set forth in this Chapter.

(Ord. 90-1251-571, § 1; Ord. 2011-536-E, § 1; Ord. 2022-909-E, § 1)

Sec. 655.103. - Legislative findings and intent.

The Council finds and determines that:

(a)

The requirements and standards of this ordinance are necessary for the health, safety and welfare of the citizens of the City of Jacksonville and the protection of the environment and natural resources of the City of Jacksonville.

(b)

It is the intent of the Council to implement the goals, objectives, and policies adopted in the Comprehensive Plan.

(c)

It is the intent of the Council that necessary public facilities and services, except Motorized and Non-motorized public transportation facilities, be available concurrent with the impacts of development and that Motorized and Non-motorized public transportation facilities are provided at the adopted performance measures and in a manner consistent with the Mobility System.

(d)

It is the intent of the Council that final development orders and permits are issued in a manner that does not result in a reduction of any levels of service below the adopted level of service standards or reduction below any adopted performance measures in the Comprehensive Plan.

(e)

It is the intent of the Council to adhere to and implement the Schedule of Capital Improvements in the Comprehensive Plan and other capital improvements as necessary to maintain the adopted level of service standards and performance measures in the Comprehensive Plan.

(f)

It is the intent of the Council to adopt a reasonable concurrency and mobility management system in furtherance of the public benefit while at the same time ensuring that all property owners have a reasonable, beneficial, and economic use of their property and that no property is taken without just compensation.

(g)

Not all development or development activity impacts are significant enough to cause the deterioration of the levels of service or performance measures adopted in the Comprehensive Plan. It is therefore found that certain developments are either deemed a de minimis impact or are exempt as not causing an unacceptable degradation of levels of service or performance standard and is consistent with the goals, objectives and policies of the Comprehensive Plan.

(Ord. 90-1251-571, § 1; Ord. 2011-536-E, § 1; Ord. 2022-909-E, § 1)

Sec. 655.104. - Jurisdiction and applicability.

The regulations set forth in this Chapter shall apply to all lands within the City, except within the Second, Third, Fourth and Fifth Urban Services District. No development order or development permit shall be issued unless in accordance with the provisions of this Chapter. In order to develop land, the requirements of this Chapter shall be met and the procedures set forth herein shall be followed.

(Ord. 90-1251-571, § 1; Ord. 2011-536-E, § 1)

Sec. 655.105. - Definitions.

For the purposes of this Chapter, the following terms, phrases, words, and their derivations, shall have the meaning contained below, or as referenced within specific Sections.

Capacity means a maximum and quantifiable ability for a public facility, except Motorized and Non-motorized public transportation facilities, to provide service to its users, calculated relative to a level of service infrastructure standard. It includes the following:

(1)

Existing capacity means used capacity plus capacity not used but available at the present time.

(2)

Projected capacity means existing capacity plus future capacity expected after improvement of the facility.

(3)

Threshold capacity means a level of capacity over which a warning signal will indicate that the facility will soon reach its existing capacity.

(4)

Available capacity means that portion of existing capacity not yet used or committed for use.

(5)

Free capacity means the amount of available capacity that can be offered to an applicant for a Conditional Capacity Availability Statement (CCAS) or Concurrency Reservation Certificate (CRC) which will not be depleted by pending applications.

(6)

Improvement capacity means added capacity potential expected by a capital improvement, but not including existing capacity, if any.

(7)

Committed improvement capacity means the increase in capacity associated with a capital improvement meeting the requirements set forth in Section 655.112 as of the date of the acceptance of the application for a CCAS or CRC by the Concurrency and Mobility Management System Office (CMMSO), less any reserve priority capacity.

Capital improvement means a permanent addition, construction or fixture to real property or structures thereon which has a useful life of more than five years and an estimated purchase or construction cost of more than $25,000.

Capital improvement element means that element of the Comprehensive Plan adopted pursuant to Chapter 650, Ordinance Code and F.S. Ch. 163, Pt. II, which evaluates the need for public facilities as identified in the other Comprehensive Plan elements and as defined in the applicable definitions for each type of public facility, which estimates the cost of improvements for which the local government has fiscal responsibility, which analyzes the fiscal capability of the local government to finance and construct improvements, which adopts financial policies to guide the funding of improvements, and which schedules the funding and construction of improvements in a manner necessary to ensure that capital improvements are provided when required based on needs identified in the other adopted Comprehensive Plan elements.

Commenced means that point in the evolution of a project when a reasonable amount of funds have been expended for development, when judged in relation to the intensity or type of development, by the developer can be demonstrated, or that point at which actual physical construction of the project begins in concert with the provision of necessary support infrastructure, when judged in relation to the intensity or type of development, whether such infrastructural improvements are off-site or on-site.

Comprehensive plan or plan means the most recent version of the City of Jacksonville's Comprehensive Plan adopted pursuant to F.S. Ch. 163, Pt. II.

Concurrency means that the necessary public facilities and services, other than Motorized and Non-motorized public transportation facilities, to maintain the adopted level of service standards are available when the impacts of development occur.

Concurrency and mobility management system automated data base means the data collection, processing and analysis performed by the City to determine impacts on the adopted level of service standards for potable water, public schools, sanitary sewer, solid waste, drainage and recreation and performance measures for Motorized and Non-motorized public transportation facilities.

Concurrency and Mobility Management System (CMMS) means the procedures and/or processes utilized by the City to assure that final development orders and final development permits are not issued unless the necessary facilities to support the development, except Motorized and Non-motorized public transportation facilities, are available concurrent with the impacts of the development and the Motorized and Non-motorized public transportation facilities meet the performance measures as provided in a manner consistent with the Mobility System. These procedures and/or processes are specified in Part 5 of this Chapter and in the Concurrency and Mobility Management System Handbook for Jacksonville, Florida.

Concurrency Reservation Certificate (CRC) means the official document issued by the City through the CMMSO upon finding that an application for the certificate in reference to a specific final development order or final development permit for a particular development will not result in the reduction of the adopted level of service standards for impacted potable water, sanitary sewer, recreation, public schools, drainage and solid waste facilities and services, as set forth in the Comprehensive Plan.

Conditional Capacity Availability Statement (CCAS) means the official document issued by the City through the CMMSO which precedes the review of an application for a CRC and which constitutes the issuance of reserve capacity or a statement of those conditions which must be fulfilled prior to the issuance of reserve capacity as to the public facilities, except Motorized and Non-motorized public transportation facilities, listed in Section 655.112, Ordinance Code.

CMMS Handbook means the Concurrency and Mobility Management System Handbook available at the CMMS Office, 214 N. Hogan St., Second Floor, Jacksonville, FL 32202, and on the CMMSO webpage on www.coj.net.

CMMSO means the Concurrency and Mobility Management System Office.

Development means the carrying out of any building activity or mining operation, the making of any material change in the use or appearance of a structure or land, or the dividing of land into three or more parcels according to a plat of record. The following activities or uses shall be taken to involve development:

(1)

A reconstruction, alteration of the size or material change in the external appearance of a structure or land.

(2)

A change in the intensity of use of land, such as an increase in the number of dwelling units in a structure, or on land or a material increase in the number of businesses, manufacturing establishments, offices, or dwelling units in a structure or on land.

(3)

Alteration of a shore or bank of a river or stream, lake, pond or canal, including any coastal construction defined in F.S. § 161.021.

(4)

Commencement of drilling, except to obtain soil samples, mining or excavation on a parcel of land.

(5)

Demolition of a structure.

(6)

Clearing of land as an adjunct of construction.

(7)

Deposit of refuse, solid or liquid waste or fill on a parcel of land.

The following operations or uses shall not be taken to involve development as defined herein:

(1)

Work by a transportation or public works agency or railroad company for the maintenance or improvement of a road or railroad track, if the work is carried out on land within the boundaries of the right-of-way.

(2)

Work by any utility and other persons engaged in the distribution or transmission of utilities, for the purpose of inspecting, repairing, renewing, or constructing on established rights-of-way any sewers, mains, pipes, cables, utility tunnels, power lines, towers, poles, tracks, or the like.

(3)

Work involving the maintenance, renewal, improvement or alteration of any structure, if the work affects only the interior or the color of the structure or the decoration of the exterior of the structure.

(4)

The use of any structure or land devoted to dwelling uses for any purpose customarily incidental to the enjoyment of the dwelling.

(5)

The use of any land for the purpose of growing plants, crops, trees, and other agricultural or forestry products, raising livestock, or for other agricultural purposes.

(6)

A change in the ownership or form of ownership of any parcel or structure.

(7)

The creation or termination of rights of access, riparian rights, easements, covenants concerning development of land or other rights in land.

(8)

A change in use of land or structure from a use within a class specified in an ordinance to another use in the same class.

Development includes all other development customarily associated with it unless otherwise specified. When appropriate to the context, "development" refers to the act of developing or to the result of development. Reference to any specific operation is not intended to mean that the operation or activity, when part of other operations or activities, is not development. Reference to particular operations is not intended to limit the generality of this subsection.

Development Area means an area depicted on the Future Land Use Map ("FLUM") series which controls the density, development characteristics, and other variables within plan categories. The City is organized by five tiers of Development Areas including: the Central Business District (CBD); the Urban Priority Area (UPA); the Urban Area (UA); the Suburban Area (SA); and the Rural Area (RA), as shown in the Map Series Section of the Comprehensive Plan.

Developer means any person, or his authorized agent, including a governmental agency, who undertakes the development of land as described above in this Section.

Development order means any order issued by the City granting, denying or granting with conditions an application for approval of a development project or activity. The term development order encompasses the following:

(1)

Development permit means an official document issued by the City which authorizes land alteration or the commencement of construction without the need for any further applications or approvals. Development permits include: all types of construction permits, such as plumbing, electrical, foundation, mechanical, etc., in addition to the building permit itself, grading, site clearing and demolition permits, septic tank permits, tree removal permits and sign permits.

(2)

Preliminary development permit means an official document issued by the City which authorizes certain types of preliminary development which either would not have an impact on levels of service or performance measures or would occur at a stage in the development process when the proposed project has not been precisely defined and where the density, intensity and type or use of the ultimate development is not known. A CRC or payment of a Mobility fee is not required prior to the issuance of a preliminary development permit, which term shall include, but not be limited to: a site clearing permit, a demolition permit, a tree removal or relocation permit, a swimming pool permit, a septic tank permit, a sign permit, a fence permit, and an awning permit.

(3)

Final development permit means an official document issued by the City which authorizes the commencement of construction which would be expected to have an impact on levels of service or performance measures or would occur at a stage in the development process when the proposed project has been precisely defined and where the density, intensity and type or use of the ultimate development is known. A CRC and the payment of the Mobility fee is required prior to the issuance of a final development permit, which term shall include, but not be limited to: a building permit, for any new building, addition, or accessory building, new mobile home move on, or trailer, park and camps, and converting use not found to be de minimis by the CMMSO; a building permit for any nonresidential alterations and repairs, foundation only, or other type of improvement not found to be de minimis or exempt.

(4)

Preliminary development order means a preliminary approval given by the City which does not authorize actual construction, alterations to land or structures or other development. A preliminary development order may authorize a change in the allowable use of land or a building, and may include conceptual approvals where a series of approvals are required before authorization to commence land alteration or construction may be given by the City. A CRC or the payment of a Mobility fee is not required prior to the issuance of a preliminary development order, which term shall include, but not be limited to: an order granting an administrative appeal, an amendment to the FLUM series of the Comprehensive Plan, an amendment to the Comprehensive Plan which affects land use or development standards, approval of preliminary sketch plans under Section 654.107, Ordinance Code, approval of site plans under Section 656.404, Ordinance Code, an order granting a zoning variance or exception, a rezoning and a written determination of consistency with the Comprehensive Plan.

(5)

Final development order means a final approval given by the City for a development project which has been precisely defined in terms of the intensity and use of the project. The final development order authorizes the project, whereas the preliminary development order or permit authorizes specific components of the project, such as, parking lot installation, landscaping, etc. A CRC is required prior to the issuance of a final development order, which term shall include, but not be limited to: approval of final construction plans for required improvements under Chapter 654, Ordinance Code, final plat approval under Chapter 654, Ordinance Code, approval of final construction and/or engineering plans under Chapter 320, Ordinance Code, and a local development order approving a Development of Regional Impact or Florida Quality Development. The payment of a Mobility fee shall be required prior to approval of final construction and/or engineering plans under Chapter 320, Ordinance Code or building permits for single family residential construction or as otherwise provided in Part 5.

Existing Use means the actual, present use or the most recent lawful use on the property. Documentation may include Duval County Property Appraiser Tax Record Cards, building permits, demolition permits, advertising (e.g. number of hotel rooms), real estate listings, internet search on business address, phone listings, Sanborn maps, and other reliable information sources.

Letter of certificate of completion means a letter issued by the Planning and Development Department indicating that a building, structure, or development has reached a degree of completion which warrants the appropriate withdrawal of existing capacity within the CMMS.

Lot includes the words plot or parcel. A lot or plot is a parcel of land of at least sufficient size to meet the minimum requirements of the Zoning Code as to use, lot coverage and area and to provide the yards required by the Zoning Code. A lot is also defined as a single unit in a subdivision.

Level of Service (LOS) means an indicator of the extent or degree of service provided by, or proposed to be provided by, a facility based on and related to the operational characteristics of the facility. Level of service shall indicate the capacity per unit of demand for each public facility or service, except for Motorized and Non motorized public transportation facilities.

Memorandum of agreement means an informal agreement entered into by the developer and the Director of Planning and Development setting forth the terms which will serve as the basis of a future formal development agreement entered into pursuant to Part 2, Chapter 655.

Mobility fee means a monetary charge on new development based upon the transportation impacts, both motorized and non-motorized, created by the new development. For purposes of this fee, "new development" also includes the renovation or conversion of an Existing Use, or the expansion of an Existing Use if there will be an increase in the amount of traffic generated.

Mobility System means a process for calculating and collecting a fee from landowners or developers for a specified development; and for applying this fee to motorized and non-motorized transportation projects in order to mitigate the effects of increased demand due to growth.

Motorized public transportation facility means a roadway/corridor or mass transit facility that accommodates cars, trucks or other types of motorized vehicles.

Non-motorized public transportation facility means a facility including but not limited to a sidewalk, multi-purpose path, bike path, sharrows, cycle track, or other facility for the use of pedestrians or non-motorized bicycles.

Public facilities or services means those facilities and services specified in the Comprehensive Plan for which level of service standards or other performance measures have been adopted: Motorized and Non-motorized public transportation facilities, potable water, sanitary sewer, solid waste, drainage, recreation, and Duval County public schools, excluding charter schools.

Reserve capacity means that capacity for public facilities, except for Motorized and Non-motorized public transportation facilities, demanded by the impacts of CRC or CCAS applications on a "first come-first served" basis for:

(1)

A proposed development for which an application for a CRC or CCAS has been accepted and is under review in accordance with Section 655.111(b) or (c); or

(2)

A proposed development granted a CCAS or a CRC, provided the final development order or permit for which the CCAS or CRC was required is applied for within the time periods set forth in Section 655.111(b)(5) or (c)(3); or

(3)

A proposed development wherein the City has granted a CRC and issued the final development order or final development permit for which the CRC was required, provided the development proceeds without substantial deviation from the terms of the final development order or final development permit to the point of obtaining a letter of certificate of completion; or

(4)

A proposed development denied or conditionally approved a CCAS or denied a CRC, provided the applicant (i) gives written notice of its intent to negotiate as to modifications in the application within ten days after notification by CMMSO or (ii) executes a Memorandum of Agreement, expressing his intent to enter into a development agreement pursuant to Part 2, Chapter 655, Ordinance Code, and F.S. § 163.3202, or appeals the decision within 30 days from the date of denial notification by the CMMSO.

(5)

A proposed development denied or conditionally approved a CCAS or denied a CRC, after appeal, provided the applicant executes a Memorandum of Agreement within 30 days from the date of notification of denial of the appeal.

(6)

In the instance of a CCAS, the reserve capacity for public facilities, except for Motorized and Non-motorized public transportation facilities, shall apply on a "first come-first served" basis only as to those public facilities for which there is free capacity on the date of acceptance of the application.

Reserve priority capacity means those capacities demanded by Developments of Regional Impact (DRI), Florida Quality Developments (FQD) or development capacities negotiated in a development agreement pursuant to Part 2, Chapter 655, Ordinance Code, and F.S. § 163.3202.

Reviewing divisions mean those specific divisions within the City agencies and departments affected by the provisions of this CMMS which have the responsibility to develop and utilize methods and procedures to assess a proposed development's impact on public facilities, except Motorized and Non-motorized public transportation facilities, and which must approve or deny the proposed development based on the ability of each public facility, except Motorized and Non-motorized public transportation facilities, to absorb such impacts without decreasing the established level of service for that facility.

Substantial deviation means any proposed change from a final development order or final development permit for which a VPAC or CRC is required and which meets the criteria set forth in Section 655.113(a).

Vested capacity means the quantifiable impacts on public facilities by development authorized pursuant to finalized building permits approved for proposed developments which have been issued VPACs.

Vested Property Affirmation Certificate (VPAC) means the official document issued by the City through the CMMSO which waives all concurrency and Mobility fee requirements for a final development permit or final development order issued prior to September 21, 1990 for a development which has commenced prior to the dates set forth in Section 655.109(a), provided such development does not substantially deviate, under the criteria set forth in Section 655.113, from the terms of the original development permit or development order, and further provided that such development continues in good faith toward completion.

Vested Property Annual Status Report means the complete and detailed report required to be submitted to the Concurrency and Mobility Management System Office by the holder of a VPAC on each anniversary of a development's VPAC issuance which demonstrates and documents the development's progress and continuance in good faith according to its original development permit or order.

(Ord. 90-1251-571, § 1; Ord. 92-131-128, § 1; Ord. 2011-536-E, § 1; Ord. 2022-909-E, § 1)

Sec. 655.106. - Concurrency and Mobility Management System Office (CMMSO).

There is hereby established a Concurrency and Mobility Management System Office for the City of Jacksonville located in the Planning and Development Department.

(a)

Functions and responsibilities. The CMMSO shall perform the following functions:

(1)

It shall provide to the public, upon request, information on existing capacities and levels of service for potable water, sanitary sewer, solid waste, drainage, recreation and public schools and performance measures for Motorized and Non-motorized public transportation facilities. Such information shall include existing facility and service capacities, planned and committed facility and service capacity increases or extensions, and existing and committed service demands.

(2)

It shall be responsible for organizing, coordinating and scheduling CMMSO administrative decision and vested rights appeals pursuant to Section 655.114.

(3)

It shall coordinate the refinement and update of CMMS procedures and systems on an annual basis, at minimum. In this capacity, the CMMSO shall serve as the liaison among reviewing divisions, the Community Planning Division of the Planning and Development Department and the Director of Planning and Development and the Office of the Mayor. The main objectives of the CMMSO in this capacity shall be to define and clarify policy, to facilitate the effective exchange of data among all governmental agencies and departments and to ensure the integrity of the entire CMMS process by continually monitoring automated information and recordkeeping systems.

(4)

It shall, through active public education efforts, work toward the establishment of the CMMS as an integral component of the local development process in an expeditious and efficient way.

(5)

It shall review the record of CCASs and CRCs kept by the Concurrency and Mobility Management System Automated Data Base to determine the impacts, if any, on approved final development orders and final development permits as a result of amendments, whether actual or proposed, to level of service standards, performance measures, capital improvement program funds, budgets, contracts and development agreements.

(6)

It shall maintain records of all CCASs and CRCs as input into the Concurrency and Mobility Management System Automated Data Base and shall develop and maintain procedures to monitor cumulative concurrency capacity reservations for reviewing divisions and to maintain system security.

(7)

It shall issue an annual capacity statement on April 25, 1991, and on the same date annually thereafter indicating capacity information for each public facility or service, except Motorized and Non-motorized public transportation facilities. The annual statements shall include the following for each component of the level of service:

(i)

Existing capacity.

(ii)

Reserve capacity.

(iii)

Vested capacity.

(iv)

Capacity used since previous statement.

(v)

Available capacity.

(vi)

Whether the facility or service is operating at or above the threshold capacity.

(8)

It shall manage the collection of Mobility fees pertaining to Motorized and Non-motorized public transportation facilities consistent with Part 5 of this Chapter.

(b)

Administration. It shall be the responsibility of the Planning and Development Department to enforce the provisions of this Chapter. The Director of Planning and Development shall have the duty and authority to interpret the provisions of the CMMS and to promulgate the rulings, regulations and procedures found necessary for the implementation of the CMMS. In addition, the Director of Planning and Development is specifically delegated the authority to enter into memorandums of agreement on behalf of the City in order to carry out the provisions of Section 655.111(b)(5)(iv) regarding reserve capacity. Where a Memorandum of Agreement consistent with the basic template provided in the Handbook has been executed by the Director and the developer, and the developer has submitted an application for a development agreement which has been determined to be sufficient and accepted by the CMMSO and has commenced negotiations with the City, the CMMSO may extend reserve capacity by one or more periods of up to 30 days each, provided the negotiations are continuing in good faith. Where it is alleged there is error in any decision of the Director of Planning and Development, an appeal may be made pursuant to the provisions of Section 655.114.

(Ord. 90-1251-571, § 1; Ord. 92-131-128, § 2; Ord. 93-120-111, § 2; Ord. 2007-1146-E, § 1; Ord. 2011-536-E, § 1; Ord. 2022-909-E, § 1)

Sec. 655.107. - Levels of service and performance measures.

The adopted level of service standards and performance measures for public facilities and services and Motorized and Non-motorized public transportation facilities, as stated in the Comprehensive Plan, are hereby adopted and incorporated by reference into this Chapter.

(Ord. 90-1251-571, § 1; Ord. 2011-536-E, § 1; Ord. 2022-909-E, § 1)

Sec. 655.108. - De minimis development.

Not all development or development activity impacts are significant enough to cause deterioration in the levels of service or be subject to a Mobility fee as adopted in the Comprehensive Plan.

(a)

The following development shall be deemed de minimis and not subject to a Mobility fee or CMMS review, except as set forth within this section:

(1)

A change in use of a structure completed as of September 19, 2011, without addition of square footage, from a lawful use within a presently applicable zoning district to a similar permitted use within the same zoning district shall be exempt from all CMMS review.

(2)

A development that solely consists of a development activity that has no vehicle trip generation.

(3)

All public facilities provided by the City of Jacksonville necessary to ensure the protection of the health and safety of the citizens of the City of Jacksonville.

(4)

Any permits for outside retail sales of holiday items.

(b)

An applicant for any final development order or final development permit for such a development shall be required to file an application for a CRC pursuant to Section 655.111 hereof. The CMMSO shall process the application for a CRC in an expeditious manner and shall stamp the building permit with a stamp indicating "De minimis Approved." Such a building permit shall be exempt from the payment of the Mobility fee and any further concurrency review.

(Ord. 90-1251-571, § 1; Ord. 92-131-128, § 3; Ord. 2007-1146-E, § 1; Ord. 2011-536-E, § 1; Ord. 2022-909-E, § 1)

Sec. 655.109. - Exemptions; vested rights; permits or approvals conferring vested rights; common law vested rights.

The following development or development activity shall be exempt from CMMS review and the payment of the Mobility fee.

(a)

Requirements for vested rights. The provisions of this Chapter shall not affect the validity of any lawfully issued and effective final development orders or final development permits which were issued prior to April 25, 1991, provided that such development activity as is authorized by the order or permit has commenced prior to April 25, 1991, and is continuing in good faith towards completion. A proposed development shall be vested for purposes of this Chapter and therefore exempt from the CMMS requirements of this Chapter if it has received one of the following:

(1)

A valid and effective building permit or any other type of construction permit issued prior to April 25, 1991, including any renewals thereof which are permissible under Chapter 320, Ordinance Code;

(2)

As to the construction of single-family dwellings, approval of final construction plans for required improvements under Chapter 654, Ordinance Code, given prior to April 25, 1991;

(3)

As to the construction of all other improvements or development, approval of final construction and/or engineering plans under Chapter 320, Ordinance Code, given prior to April 25, 1991, provided such construction and/or engineering plans specifically indicate the density, intensity and use of the ultimate development proposed to be built according to such approved plans.

For the purposes of this Chapter, it is determined that development has commenced and is continuing in good faith for the permits or approvals specified in subsections (a)(1)(2) and (3) of this Section upon the issuance of such permit or approval. Verification of the issuance of such approvals or permits shall be made by the CMMSO, and an owner or developer of property shall not be required to obtain a CRC, but shall be required to comply with the procedures set forth in Section 655.110 in order to obtain a VPAC.

(b)

DRI and FQD approvals. Nothing contained in this Chapter shall limit or modify the rights of any person to complete any development that has been authorized as or vested as a Development of Regional Impact (DRI), or a Florida Quality Development (FQD) pursuant to F.S. Ch. 380, prior to April 25, 1991, unless the development order authorizing such development contains provisions wherein the development is required to meet concurrency requirements or other local zoning, subdivision or growth management laws adopted subsequent to the development order; provided, however, that verification of the issuance of the development order shall be made by the CMMSO. An owner or developer of property which is subject to a DRI or FQD shall be required to comply with the procedures set forth in Section 655.110 in order to obtain a VPAC, but shall not be required to pay the application fee which would otherwise be charged for filing an application for a VPAC.

(c)

Prior concurrency approvals. Concurrency approvals for Conditional Capacity Availability Statements (CCAS), Concurrency Reservation Certificates (CRCs), Vested Property Affirmation Certificates (VPACs), Development Agreements and Redevelopment Agreements that have not expired shall be recognized and accepted until expiration. Development authorized by a fair share assessment contract may be completed in reliance upon and pursuant to the fair share assessment contract as set forth in Section 655.301 of this Chapter.

(d)

Planned Unit Developments (PUDs) may be deemed vested where development has commenced and is continuing in good faith. For the purposes of this Chapter, it is determined that the adoption of an ordinance approving a Planned Unit Development (PUD) pursuant to Section 656.340, Ordinance Code, prior to April 25, 1991, may constitute substantial competent evidence which is sufficient to demonstrate that the requirements of subsections (e)(1), (2), (3) and (4) of this Section have been met, provided the applicant also demonstrates, by substantial competent evidence, to the satisfaction of the Director of Planning and Development that development pursuant to the PUD ordinance has commenced and is continuing in good faith in accordance with the written description of the intended plan of development, site plan and conditions approved as part of the ordinance creating the PUD.

(e)

Requirements for common law vested rights. Nothing in this Chapter shall be construed to abrogate validly existing vested rights. However, it shall be the duty and responsibility of the person alleging vested rights to demonstrate affirmatively the legal requisites to establish such vested rights. The City shall recognize validly existing vested rights by the issuance of a VPAC, even if such rights are inconsistent with the Comprehensive Plan or the requirements of this Chapter, upon a determination by the CMMSO that the person alleging vested rights:

(1)

Has acted in good faith and in reasonable reliance;

(2)

Upon a valid, unexpired act or omission of the government;

(3)

Has made such a substantial change in position or incurred extensive obligations and expenses; and

(4)

That it would be highly inequitable or unjust to destroy the rights he or she has acquired.

The following shall not be considered development expenditures or obligations in and of themselves: expenditures for legal or other professional services which are not related to the design or construction of improvements, taxes paid, or expenditures related to the acquisition of land. Furthermore, the mere existence of a particular zoning classification or a development permit or development order issued prior to the effective date of this Chapter shall not be determined to vest rights under this subsection (e) of this Section.

(f)

All public educational and on-site ancillary plants as defined in F.S. Ch. 1013, or charter schools governed by F.S. § 1002.33, and private primary and secondary educational schools that have been accredited by the Florida Department of Education, as well as their on-site ancillary plants.

(g)

Transit stations and terminals; transit station parking; park-and-ride lots; intermodal public transit connection or transfer facilities; fixed bus, guideway, and rail stations; and airport passenger terminals and concourses, air cargo facilities, and hangars for the assembly, manufacture, maintenance, or storage of aircraft. As used in this subsection, the term "terminals" does not include seaports or commercial or residential development constructed in conjunction with a use listed herein.

(h)

A maximum of two single family dwellings on a lot of record, as defined in Chapter 656 (Zoning Code), Ordinance Code.

(i)

Any building used principally as a place wherein persons regularly assemble for religious worship, including sanctuaries, chapels and cathedrals and on-site buildings adjacent thereto, such as parsonages, friaries, convents, fellowship halls, Sunday schools and rectories, but not including day care centers or community recreation facilities.

(Ord. 90-1251-571, § 1; Ord. 92-131-128, § 4; Ord. 2011-536-E, § 1; Ord. 2022-909-E, § 1)

Sec. 655.110. - Procedures for obtaining Vested Property Affirmation Certificate (VPAC); deviations; annual report; transferability; revocation.

(a)

Application procedures for obtaining Vested Property Affirmation Certificate (VPAC). The following procedures shall be followed with respect to applying for a VPAC:

(1)

An application for a determination of vested rights shall be submitted to the CMMSO of the Planning and Development Department on the form provided. The application for the VPAC shall contain information sufficient to permit a determination by the CMMSO pursuant to the criteria set forth in Section 655.109. Detailed site maps and a complete legal description of the subject property shall be submitted with the application. Only applications which are fully complete shall be accepted by the CMMSO.

(2)

The CMMSO shall review the VPAC application for compliance with the criteria set forth in Section 655.109, and shall prepare a written decision within 30 days after the application has been accepted approving or denying the VPAC application. In the preparation of its decision, the CMMSO may consult with the Office of General Counsel. Other City departments shall provide technical or other information and assistance at the request of the CMMSO. If the application is approved, the CMMSO shall issue the VPAC with the written decision.

(b)

Deviations not permitted. All development subject to a VPAC shall be consistent with the terms of the original development order or development permit upon which the VPAC is based. Any proposed change from the original development order or development permit, except for a deviation required by governmental action, if determined to be a substantial deviation from such prior development order or development permit by the CMMSO pursuant to the criteria set forth in Section 655.113, shall cause the proposed change to be subject to all of the goals, objectives and policies of the Comprehensive Plan and the requirements of this Chapter.

(c)

VPAC annual status report. Each holder of a VPAC whose development is not yet complete shall submit a complete report to the CMMSO on the form provided on each anniversary of the VPAC issuance. The purpose of the report is to provide information required by the CMMSO in order to accurately monitor the progress of all development within the City. The CMMSO shall mail a report form to each holder of a VPAC at least 30 days prior to the anniversary date of the VPAC issuance, with a written request to complete and return the form. Failure to submit the report by the anniversary date of the VPAC issuance anniversary date may result in the revocation of the VPAC by the CMMSO.

(d)

Transferability. A VPAC is transferrable to a successor owner upon providing written notice to the CMMSO and evidence of conveyance of the land subject to the VPAC.

(e)

Revocation. A VPAC shall remain valid and in force unless and until it is revoked by the CMMSO. Notwithstanding anything in this Chapter to the contrary, a VPAC may be revoked by the CMMSO upon a showing by the City of a peril to the public health, safety or general welfare of the residents of the City which was unknown at the time of approval or upon sufficient evidence that a development receiving a VPAC is not continuing in good faith. Prior to any revocation of a VPAC, the CMMSO shall provide written notice of an intention to revoke the VPAC to the person(s) issued the VPAC and any person(s) having a title interest of record in the land subject to the VPAC, which notice shall include the basis for the revocation. The notice recipient shall have a period of 45 days from the date of receipt of such notice within which to eliminate the condition which is the basis for the revocation. A notice recipient may receive from the CMMSO one or more extensions of the 45 day time period based upon a showing of good cause. If the notice recipient does not eliminate such condition within such time period, the CMMSO may then revoke the VPAC and provide written notice of revocation to the notice recipient of the VPAC. Where it is alleged there is error in any revocation an appeal may be made pursuant to the provisions of Section 655.114.

(f)

Continuing in good faith. For purposes of this Chapter, in making a determination as to whether a development is continuing in good faith, the following criteria shall be considered:

(1)

A development shall be deemed to be continuing in good faith if there has been diligently pursued, on a regular and continuous basis, design, engineering or permitting activity necessary to the progress of the development subject to VPAC.

(2)

A development shall be deemed to be continuing in good faith if development has been undertaken and diligently pursued on a regular and continuous basis which furthers the progress of the development as permitted subject to the VPAC.

(3)

The criteria referenced in subsections (f)(1) and (2) of this Section shall not preclude the CMMSO from making a determination that development is continuing in good faith based upon facts and circumstances of a particular development.

(Ord. 90-1251-571, § 1; Ord. 92-131-128, § 5; Ord. 2011-536-E, § 1; Ord. 2022-909-E, § 1)

Sec. 655.111. - Concurrency Reservation Certificate application process and review procedures.

(a)

Concurrency Reservation Certificate ("CRC")—when required. The latest point at which concurrency is determined is the final development order. A Concurrency Reservation Certificate (CRC) shall be required prior to the issuance of all final development permits and final development orders, other than permits for de minimis development or exempt development as provided in Section 655.108 and Section 655.109, but not for preliminary development orders or preliminary development permits. The payment of the Mobility fee per Part 5 of this Chapter, if applicable, shall be required prior to approval of final construction and/or engineering plans under Chapter 320, Ordinance Code or building permits for single family residential construction (or as otherwise provided in Part 5), unless the proposed development is de minimis or exempt as provided in Section 655.108 and Section 655.109. No final development order or final development permit shall be issued or granted by any board, commission, department or agency of the City of Jacksonville without a CRC unless in accordance with the provisions of this Chapter. No approval of final construction and/or engineering plans under Chapter 320, Ordinance Code or building permits for single family residential construction shall be issued or granted by any board, commission, department or agency of the City of Jacksonville without the payment of the Mobility fee per Part 5 of this Chapter unless in accordance with the provisions of this Chapter.

(b)

Conditional Capacity Availability Statement (CCAS) application procedures and review process. An applicant may make an application for a CCAS. An applicant for a CCAS shall file a completed application with the CMMSO on the form provided by that office. The applicant shall provide all the information requested on the application, to the extent applicable. The application shall be accepted by the CMMSO only if the application is completed in full and submitted with all supplementary information required. Prior to filing the application, the applicant is encouraged to meet with the CMMSO staff or the staff of any reviewing division to discuss the application. Upon the payment of the application fee to the Tax Collector, copies of the application shall be transmitted immediately to each reviewing division. The acceptance of an application for a CCAS shall constitute the issuance of reserve capacity as to those public facilities, except for Motorized and Non-motorized public transportation facilities, for which there is free capacity on the date of acceptance of the application. Each reviewing division shall review the application for compliance with level of service standards according to the methodologies and criteria set forth in the Concurrency and Mobility Management System Handbook for Jacksonville, Florida.

(1)

Reviews shall be performed as follows:

(i)

JEA: potable water and sanitary;

(ii)

Solid Waste Division, Office of Administrative Services: solid waste;

(iii)

Development Services Division, Public Works Department: drainage;

(iv)

Recreation and Community Programming Division, Recreation and Parks Department: recreation.

(v)

Duval County Public Schools: All public educational and ancillary plants as defined in F.S. Ch. 1013. Charter schools are not considered for the purpose of determining if there is public school capacity for a development.

(2)

If a reviewing division determines that the information contained in the application is insufficient to review the application in accordance with the CMMS methodologies and criteria, then the reviewing division, within five days of its receipt of the application from the CMMSO, shall notify the CMMSO of the application's insufficiencies. The CMMSO shall immediately notify the applicant of such insufficiencies. The applicant shall then have ten days from the date of such notification to remedy the application's insufficiencies. This time period may be extended by the CMMSO based upon a showing of good cause. Any notification by a reviewing division to the CMMSO that the application is insufficient automatically tolls the applicable review period. Upon the reviewing division's receipt of the necessary information, the review period begins again at the point at which it was tolled. In the event the application's insufficiencies are not remedied within the time required, the applicant shall automatically lose all reserve capacity previously issued.

(3)

Each reviewing division shall compare the proposed development's impact against free capacities, consider committed improvement capacities, reduce the proposed development's impact by the impact of the existing use, if applicable, of the property, determine the available capacity based upon the level of service standards adopted in the Comprehensive Plan, and, within 30 days after the date of acceptance of the application, issue to the CMMSO a written approval, denial, or approval with conditions for its portion of the application. As to any public facilities, except for Motorized and Non-motorized public transportation facilities, for which there was not sufficient free capacity on the date of acceptance of payment for the application, the appropriate reviewing division's approval shall include any and all conditions which must be fulfilled prior to the issuance of the CRC.

(4)

A final written decision shall be issued by the CMMSO within 45 days from the date the application is accepted by that office.

(5)

If the application is denied or is approved with conditions, the written notification shall:

(i)

Identify the decision reached by each reviewing division and the reason for denial or approval with conditions by any reviewing division;

(ii)

Outline the procedures required to be followed in order to appeal the decision;

(iii)

Outline the procedures required to be followed in order to enter into a development agreement, binding executed contract or other negotiating process which, upon agreement by the City, would permit the approval of the application or amendment or deletion of the disputed conditions;

(iv)

Notify the applicant that the application shall continue to constitute the issuance of reserve capacity as to the applicable public facilities, except for Motorized and Non-motorized public transportation facilities, for a period of: (i) 30 days after the date of the final written decision if the applicant gives written notice to the CMMSO, within ten days of such decision, of the applicant's intent to negotiate within such 30-day period modifications to the application which, upon agreement by the CMMSO, would permit the approval of the application or amendment or deletion of the disputed conditions, or (ii) 120 days after the date of the final written decision if the applicant, within 30 days of such decision, either executes a memorandum of agreement, a basic template of which is provided in the Handbook, expressing the applicant's intent to enter into a development agreement pursuant to Part 2, Chapter 655, Ordinance Code, and F.S. § 163.3202, within such 120-day period, or files an appeal on the form provided by the CMMSO. If the memorandum of agreement is not executed or the appeal is not filed within the time frames set forth above, or if the applicant fails to negotiate modifications to the application or enter into a development agreement within the time frames set forth above, the application shall automatically lose its reserve capacity and shall be treated as any other new application in the event the applicant wishes to proceed with the proposed development at a later date.

An applicant whose application is denied is encouraged to meet with the staff of the reviewing division(s) which issued a denial. Opportunities may exist which may enable the application to be approved. Such opportunities or solutions may include a development agreement, a binding construction contract between the City and the applicant to provide the necessary improvements, development phasing, facility phasing, capital improvements programming, a change in the funding source of a capital improvement or a reduction in the scale or impact of the proposed development.

(6)

Each CCAS shall expire automatically one year after the date of issuance unless the applicant applies for the final development order or development permit for which the CCAS was required within the one-year period. An applicant may receive from the CMMSO four extensions of up to six months each based upon a showing of good cause. The CCAS shall automatically expire simultaneously with the denial of the final development order or final development permit for which the CCAS was required.

(7)

A CCAS is transferrable to a successor owner upon providing written notice to the CMMSO and evidence of conveyance of the land subject to the CCAS.

(8)

Whenever the CMMSO has denied an application for a CCAS, no further application shall be filed for a CCAS for a part or all of the same land for a period of six months from the date of such denial, unless subsequent to the date of such denial capacity sufficient to accommodate the proposed development has become available. Where the CMMSO finds that compliance with the provisions set forth in this Section would cause unusual or extraordinary difficulties, it may grant a waiver so that substantial justice may be done and the public interest secured, provided that the general welfare of the public is protected and that the proposed development is in keeping with the general spirit of these regulations. No waiver may be granted if it would have the effect of nullifying the intent and purpose of this Section.

(c)

Concurrency Reservation Certificate (CRC) application procedures and review process. An applicant may make an application for a CRC. In the event the applicant has not previously obtained a CCAS, the applicant shall follow the procedures set forth in subsections (c)(1) through (4) of this Section. In the event the applicant has previously obtained a CCAS, the applicant shall follow the procedures set forth in subsections (c)(5) through (10) of this Section. All CRCs, whether or not preceded by a CCAS, are governed by the provisions in subsections (c)(10) through (15) of this Section.

(1)

In the event the applicant has not previously obtained a CCAS, the applicant shall file a completed application for a CRC with the CMMSO on the form provided by that office. The applicant shall provide all the information requested on the application, to the extent applicable. The application shall be accepted by the CMMSO only if the application is completed in full and submitted with all supplementary information required. Prior to filing the application, the applicant is encouraged to meet with the CMMSO staff or the staff of any reviewing division to discuss the application. Upon the payment of the application fee to the Tax Collector, copies of the application shall be transmitted immediately to each reviewing division. The acceptance of the fee by the Tax Collector for a CRC shall initiate the issuance of reserve capacity as to those public facilities, except for Motorized and Non-motorized public transportation facilities, for which there is free capacity on the date of acceptance of the application. Each reviewing division shall review the application for compliance with level of service standards according to the methodologies and criteria set forth in the Concurrency and Mobility Management System Handbook for Jacksonville, Florida. Reviews shall be performed in accordance with subsections (b)(1) and (2) of this Section.

(2)

Each reviewing division shall compare the proposed development's impact against free capacities, consider allowable improvement capacities, reduce the proposed development's impact by the impact of the existing use, if applicable, of the property, determine the available capacity based upon the level of service standards adopted in the Comprehensive Plan, and, within 30 days after the date of acceptance of payment for the application, issue to the CMMSO a written approval or denial for its portion of the application. In issuing a final written decision, the CMMSO shall follow the procedures set forth in subsections (b)(4) and (5) of this Section as applicable to the approval or denial of an application.

(3)

If the application is approved, the written notification of approval, together with a CRC, shall be issued to the applicant by the CMMSO within the time period set forth in subsection (b)(4) of this Section. The CRC shall expire automatically one year after the date of issuance unless the applicant applies for the final development order or development permit for which the CRC was required within the one-year period. An applicant may receive from the CMMSO four extensions of up to six months each based upon a showing of good cause. The CRC shall automatically expire simultaneously with (i) the denial or revocation of the final development order for which the CRC was required; or (ii) the expiration of the final development order or development permit to which it applies.

(4)

In the event the applicant has previously obtained a CCAS and the CCAS has not expired, within ten days after filing an application for the final development order or development permit for which a CCAS has been issued the applicant shall notify the CMMSO of such application on forms provided by the CMMSO which notification, together with the CCAS, shall constitute a completed application for CRC. This completed CRC application shall be reviewed only by the reviewing divisions responsible for reviewing for those public facilities, except Motorized and Non-motorized public transportation facilities, for which reserve capacity was not previously issued for compliance with level of service standards according to the methodologies and criteria set forth in the Concurrency and Mobility Management System Handbook for Jacksonville, Florida. Reviews shall be performed in accordance with subsections (b)(1) and (2) of this Section.

(5)

In the event the development proposed in the applicant's subsequent application for a final development order or development permit substantially deviates, under the criteria set forth in Section 655.112, from the development proposed in the application for CCAS, then the CMMSO may transmit the application for CRC to other reviewing divisions for review or require the applicant to apply for a CRC in accordance with subsections (c)(1)—(3) of this Section.

(6)

The JEA, the Public Works Department and any other reviewing divisions as required pursuant to subsection (c)(5) of this Section shall compare the proposed development's impact as to the appropriate public facilities, except Motorized and Non-motorized public transportation facilities, against free capacities, consider allowable improvement capacities, determine the available capacity based upon the level of service standards adopted in the Comprehensive Plan, and, within 30 days after the date of acceptance of payment for the application, issue to the CMMSO a written approval or denial for that reviewing division's portion of the application.

(7)

A final written decision shall be issued by the CMMSO in accordance with the provisions set forth in subsections (b)(4) and (5) of this Section applicable to the denial or approval of an application; provided, however, that the remedies set forth in subsection (b)(5) of this Section are available to the applicant only as they relate to a denial of the application for CRC and not as they relate to the approval, denial or conditional approval of the previously issued CCAS.

(8)

If the application is approved, the written notification of approval, together with a CRC, shall be issued to the applicant by the CMMSO within the time period set forth in subsection (b)(4) of this Section. The CRC shall automatically expire simultaneously with (i) the denial or revocation of the final development order or development permit for which the CRC was required; or (ii) the expiration of the final development order or development permit to which it applies.

(9)

The issuance of a CRC, whether or not preceded by the issuance of a CCAS, constitutes the issuance of reserve capacity as to all public facilities, except for Motorized and Non-motorized public transportation facilities. At such time as a development which has been issued a CRC receives a letter of certificate of completion, the reserve capacity issued to the development through the CRC shall (i) to the extent demanded by the completed development, be deemed used capacity and (ii) to the extent not demanded by the completed development, be deemed available capacity. If the CRC expires prior to a letter of certificate of completion being issued to the development, then, upon expiration of the CRC, the reserve capacity issued through the CRC shall be deemed available capacity.

(10)

All development subject to a CRC shall be consistent with the terms of the final development order or final development permit to which the CRC applies. Any proposed change from the development order or permit, except for a deviation required by governmental action, if determined to be a substantial deviation from such prior development order or permit by the CMMSO pursuant to the criteria set forth in Section 655.113, shall cause the proposed change to be subject to concurrency review. Accordingly, any final development order or final development permit or amendment thereto required for a substantial deviation shall be subject to the provisions of Section 655.111.

(11)

A CRC is transferrable to a successor owner upon providing written notice to the CMMSO and evidence of conveyance of the land subject to the CCAS or CRC.

(12)

Reserved.

(13)

Whenever the CMMSO has denied an application for a CRC, no further application shall be filed for a CRC for a part or all of the same land for a period of six months from the date of such denial, unless subsequent to the date of such denial capacity sufficient to accommodate the development has become available. Where the CMMSO finds that compliance with the provisions set forth in this Section would create unusual or extraordinary difficulties, it may grant a waiver so that substantial justice may be done and the public interest secured, provided that the general welfare of the public is protected and that the proposed development is in keeping with the general spirit of these regulations. No waiver may be granted if it would have the effect of nullifying the intent and purpose of this Section.

(d)

Informal review process. Informal, written concurrency reviews of a proposed development's potential impacts will be issued within ten days of the acceptance of an application by the CMMSO for informal review. Such applications shall be filed in the same manner as for a formal review, pursuant to the provisions of Section 655.111(b), except that the applicant shall attach a signed and notarized affidavit affirming the applicant's understanding that a formal CRC must be approved prior to the issuance of any final development order or final development permit. An informal written concurrency review is for information purposes only, is not binding upon the City and does not entitle the applicant to receive any final development order or final development permit.

(Ord. 90-1251-571, § 1; Ord. 92-131-128, § 6; Ord. 93-120-111, § 3; Ord. 2005-1283-E, § 7; Ord. 2007-1146-E, § 1; Ord. 2008-513-E, § 1; Ord. 2011-536-E, § 1; Ord. 2022-909-E, § 1; Ord. 2025-30-E, § 21)

Editor's note— Ordinance 2007-839-E, § 18, authorized updated department/division names pursuant to reorganization.

Sec. 655.112. - Minimum requirements for CCAS or CRC approval.

Minimum requirements for a CCAS or CRC approval for each of the following public facilities and services are as follows:

(a)

For potable water, sanitary sewer and solid waste, one of the following must be met:

(1)

The necessary facilities and services are in place at the time each reviewing division conducts its concurrency review for a proposed development;

(2)

The necessary facilities and services to support the impacts of a proposed project will be in place when the impacts of that project occur; or

(3)

The necessary facilities and services are under construction at the time a proposed development is reviewed by each reviewing division, and, if the necessary services and facilities are to be constructed by the developer, the construction is guaranteed to be completed in time to absorb the impacts of the proposed development under one of the following procedures implemented at the later of issuance of the final development order or, as to a platted subdivision, upon recording of the final plat:

(i)

The developer has deposited with the City or placed in an account subject to control of the City a cashier's check in the full amount of the total sum of engineering and construction costs for the installation and completion of the required improvements, which amount shall be subject to the approval of the City Engineer. The developer shall be entitled to secure draws from the deposit or account as construction and the installation of facilities progresses in stages, but not more frequently than monthly. A draw from the cash deposit or account shall be made only within 30 days after the developer's engineer has certified to the City that the cost of improvements installed equals or exceeds the amount of the draw requested plus previous draws made and the City has inspected the improvements and authorized the draw. The City may reduce the dollar amount of a requested draw to the extent reasonably justifiable, based upon inspection of the improvements. If the developer fails to be in compliance with any of the terms and conditions of the plans and specifications for the improvements, no further draws shall be approved until such time as the developer is determined to be in compliance. The developer shall be entitled to receive interest earned on the deposit or account. The City, upon 30 days written notice to the developer, shall have the right to use all remaining funds for the completion of the improvements in the event of the failure of the developer to complete the improvements within the time required, including any extensions granted by the City.

(ii)

The developer has furnished to the City his personal bond secured by an unconditional and irrevocable letter of credit issued by a state or national banking institution to the City in an amount equal to the total sum of engineering and construction costs for the installation and completion of the required improvements, which amount shall be subject to the approval of the City Engineer. The bond and letter of credit shall be in a form approved by the Office of General Counsel. During the process of construction, the City may reduce the dollar amount of the personal bond and letter of credit on the basis of work completed. The City, after 30 days' written notice to the developer, shall have the right to use all funds remaining after previous draws on the letter of credit for the completion of the improvements in the event of default by the developer or failure of the developer to complete the improvements within the time required, including any extensions granted by the City.

(iii)

The developer has furnished to the City a surety bond in a form and by a surety company approved by the Office of General Counsel guaranteeing that the work will be completed. The bond shall be in an amount equal to the total of the sum of engineering and construction costs, which amount shall be subject to the approval of the City Engineer. During the process of construction, the City may reduce the dollar amount of the bond on the basis of work completed. The City, after 30 days' written notice to the developer, shall have the right to bring action or suit on the surety bond for the completion of the improvements in the event of default by the developer or failure of the developer to complete the improvements within the time required, including extensions granted by the City; or

(4)

The necessary public facilities and services are guaranteed in a development agreement executed pursuant to Part 2, Chapter 655, Ordinance Code and F.S. § 163.3202, or an agreement pursuant to F.S. Ch. 380, which guarantees that the necessary facilities and services will be in place when the impacts of development occur.

(b)

For recreation, one of the following must be met:

(1)

Compliance with paragraphs (1), (2), (3) or (4) of subsection (a) of this Section;

(2)

The necessary public facilities and services are the subject of a binding executed contract which provides for the commencement of the actual construction of facilities, or the provision of services, within one year of the issuance of the development's CRC and, if to be constructed by the developer, guaranteed by a bond or cash provided by the developer or developers and/or others including the City, as required in subsections (a)(3)(i), (ii) or (iii) of this Chapter; or

(3)

The necessary facilities and services are guaranteed in a development agreement which requires the commencement of the actual construction of facilities for the provision of services within one year of the issuance date of the CRC or its accompanying final development order or final development permit. A development agreement shall be executed pursuant to Part 2, Chapter 655, Ordinance Code and F.S. § 163.3202.

(c)

For drainage, one of the following must be met:

(1)

Compliance with paragraphs (1), (2), (3) or (4) of subsection (a) of this Section; or

(2)

The development shall retain the total volume of stormwater run-off on-site.

(d)

For public schools, the requirements of Chapter 655, Part 4 must be met.

(e)

The burden of demonstrating compliance with the requirements of this Section shall be on the applicant.

(Ord. 90-1251-571, § 1; Ord. 2005-952-E, § 1; Ord. 2007-1146-E, § 1; Ord. 2011-536-E, § 1; Ord. 2022-909-E, § 1)

Sec. 655.113. - Substantial deviations.

(a)

Any proposed change from a final development order or final development permit for which a VPAC, CCAS or CRC was required shall be deemed a substantial deviation if the proposed change is a change in use or intensity which, either individually or cumulatively with other changes, will increase the development's impacts upon the public facilities and services listed in Section 655.112(a) through (d) and traffic circulation by more than five percent of:

(1)

In the instance of a VPAC, the total capacity applicable to the development as vested pursuant to the VPAC; or

(2)

In the instance of a CCAS or CRC, the reserve capacity applicable to the development.

(b)

Any review of a proposed change shall address only those issues raised by the proposed change.

(c)

Development within a previously approved development may continue, as approved, during the review of the proposed change in those portions of the development which are not affected by the proposed change.

(Ord. 90-1251-571, § 1; Ord. 92-131-128, § 7; Ord. 2007-1146-E, § 1; Ord. 2011-536-E, § 1)

Sec. 655.114. - Appeals.

(a)

An applicant may appeal any decision or technical determination made by the Director of Planning and Development, the CMMSO, or any reviewing division pursuant to this Chapter to a hearing officer appointed in accordance with the provisions of subsection (g) of this Section. Appeals shall be made by filing a notice of appeal with the CMMSO within 30 days of the issuance of the written decision being appealed. The notice of appeal shall contain:

(1)

A clear and plain statement of the decision to be reviewed and the date of the decision; and

(2)

The specific error alleged as the grounds of the appeal.

(b)

A hearing on the appeal before the hearing officer shall be scheduled by the CMMSO for a date no more than 60 days subsequent to the filing of a notice of appeal accompanied by a receipt from the Tax Collector evidencing payment of the required fee. The applicant shall be given at least 30 days written notice of the scheduled hearing date. At the request of either party, the hearing officer may extend or continue the date of the hearing beyond 60 days for good cause shown.

(c)

The applicant, departmental or any other appropriate City staff, and public and witnesses with relevant testimony shall appear and may be heard at the hearing. Testimony shall be limited to matters directly relating to the standards and measures set forth in this Chapter and in the Concurrency and Mobility Management System Handbook. To the maximum extent practicable, the hearing shall be informal. Reasonable cross-examination of witnesses shall be permitted, but questioning shall be confined as closely as possible to the scope of direct testimony.

(d)

The appellant shall have the burden of proof to establish by a preponderance of the evidence:

(1)

That there was an error in the decision or technical determination made by the Director of Planning and Development, the CMMSO, or any of the reviewing divisions;

(2)

That one or more of the requirements of Section 655.112 of this Chapter are satisfied, such that the necessary public facilities and services shall be available concurrent with the impacts of the development;

(3)

That the requirements of Section 655.109(a) or (e) have been met or

(4)

That there was an error in the calculation of the Mobility fee.

(e)

In the instance of an appeal alleging an error in the calculation of the Mobility fee, an appellant may request that the hearing officer receive and consider findings of fact by a licensed professional traffic engineer (P.E.), provided by the appellant at his sole cost and expense, in reviewing the calculation of the Mobility fee and application of the standards and measures in the Concurrency and Mobility Management System Handbook. Such a request shall be filed with the notice of appeal. If such a request is filed, then, in conjunction with appointing the hearing officer as provided in subsection (g) of this Section, a traffic engineer ("appointed advisor") shall be appointed by the Office of the General Counsel from among the members of the Technical Advisory Committee appointed pursuant to Section 655.122. The provisions applicable to the hearing officer set forth in subsection (g) of this Section regarding ex parte communications and compensation also shall apply to the appointed advisor. The appointed advisor shall be privy to all filings of the parties in the appeal, shall attend the hearing, and may question witnesses. Within 15 days after the hearing, the appointed advisor shall distribute to the hearing officer and the parties a report regarding the facts presented by the parties, including factual findings. The hearing officer shall consider the report of the appointed advisor, and, in issuing the decision in the appeal, the hearing officer may overturn the findings of fact of the appointed advisor only upon concluding that the record contains no competent and substantial evidence supporting the findings of fact by the appointed advisor.

(f)

Within 30 days after the hearing, the hearing officer shall issue to the CMMSO a written decision which shall affirm, reverse, modify or remand the decision of the CMMSO for further consideration. In the event the decision of the hearing officer effects a denial of a CCAS or CRC, the applicant is entitled to the continuation of reserve capacity and opportunity to execute a notice of intent to negotiate a Memorandum of Agreement as provided in Section 655.111(b)(4)(iv). In the appeal of a calculation of a mobility fee, the appellant may elect to pay the fee as initially set by the CMMSO pending the outcome of the appeal. Such payment shall allow the appellant to proceed with approval of plans or permits as provided in Section 655.503. If the hearing officer decides that there was an error in the calculation of the mobility fee and that the appellant is entitled to a refund of a fee so paid, then, within 60 days after the hearing officer's decision, the City shall refund such portion of the fee paid by the appellant as decided by the hearing officer.

(g)

In the event of an appeal by an applicant, the Office of General Counsel shall appoint, after consultation with the CMMSO and the applicant, a hearing officer to hear the appeal. The hearing officer shall be a Circuit Court Mediator certified by the Supreme Court of Florida. Upon the appointment of a hearing officer in an appeal, the applicant and CMMSO and reviewing division personnel are prohibited from communicating ex parte with the hearing officer regarding the appeal pending before him. The hearing officer shall be compensated as determined by the CMMSO, which compensation shall be paid by the applicant prior to the date of the hearing as part of the fee for the appeal. Any person serving as a hearing officer and any firm with which he or she is associated is prohibited from acting as agent in any application or proceeding before any agency, board or commission of the City involving the property which was the subject of the appeal.

(h)

The Planning and Development Department shall be the custodian of all documents, including the application, the CMSO's decision and the record of the proceedings.

(Ord. 90-1251-571, § 1; Ord. 92-131-128, § 8; Ord. 95-25-19, § 1; Ord. 2011-536-E, § 1; Ord. 2014-183-E, § 1; Ord. 2022-909-E, § 1)

Sec. 655.115. - Exhaustion of administrative remedies.

No person aggrieved by any requirement, decision or determination by the Director of Planning and Development, the CMMSO or any reviewing division pursuant to this Chapter in applying the provisions of this Chapter to any application or request for the issuance of a final development order or final development permit may apply to the court for relief unless he has first exhausted all administrative remedies provided in Section 655.114.

(Ord. 90-1251-571, § 1; Ord. 92-131-128, § 9; Ord. 2011-536-E, § 1)

Sec. 655.116. - Schedule of fees.

The fees listed below can be found electronically on the following City of Jacksonville webpage: www.coj.net/fees.

The following categories of activities shall apply to the schedule of fees. The effective date and time of filing the application shall be upon receipt of the required fee by the Tax Collector.

(a)

Application for a CRC not preceded by a CCAS:

(1)

Formal review:

(i)

For residential, new building: a fee per dwelling unit up to 500 units, of which an amount is designated for public school concurrency testing. An amount per dwelling unit for any additional units over 500 units, of which an amount is designated for Duval County public schools, not including charter schools, concurrency testing.

(ii)

For nonresidential, new building: a fee per 1,000 square feet up to 500,000 square feet enclosed or fraction thereof. An amount designated per 1,000 square feet for each 1,000 square feet enclosed or fraction thereof over 500,000 square feet of enclosed space.

(iii)

For nonresidential, addition: a fee per 1,000 square feet up to 500,000 square feet enclosed or fraction thereof. An amount designated per 1,000 square feet for each 1,000 square feet enclosed or fraction thereof over 500,000 square feet of enclosed space.

(iv)

For nonresidential, alterations and/or repairs: a fee per 1,000 square feet up to 500,000 square feet enclosed or fraction thereof. An amount designated per 1,000 square feet for each 1,000 square feet enclosed or fraction thereof over 500,000 square feet of enclosed space.

(2)

Informal review

(b)

Application for a CRC preceded by a CCAS:

(1)

For residential, new building: a fee per dwelling unit up to 500 units, of which an amount is designated for public school concurrency testing, and an amount per dwelling unit for any additional units over 500 units, of which an amount is designated for public school concurrency testing.

(2)

For nonresidential, new building: a fee per 1,000 square feet up to 500,000 square feet enclosed or fraction thereof. An amount per 1,000 square feet for each 1,000 square feet enclosed or fraction thereof over 500,000 square feet of enclosed space.

(3)

For nonresidential, addition: a fee per 1,000 square feet up to 500,000 square feet enclosed or fraction thereof. An amount per 1,000 square feet for each 1,000 square feet enclosed or fraction thereof over 500,000 square feet of enclosed space.

(4)

For nonresidential, alterations and/or repairs: a fee per 1,000 square feet up to 500,000 square feet enclosed or fraction thereof. An amount per 1,000 square feet for each 1,000 square feet enclosed or fraction thereof over 500,000 square feet of enclosed space.

(5)

Informal Review.

(c)

Application for CCAS:

(1)

For residential, new building: a fee per dwelling unit up to 500 dwelling units, of which an amount is designated for public school concurrency testing. An amount per dwelling unit for each additional unit over 500 units, of which an amount is designated for public school concurrency testing.

(2)

For nonresidential, new building: a fee per 1,000 square feet up to 500,000 square feet enclosed or fraction thereof. An amount per 1,000 square feet for each 1,000 square feet enclosed or fraction thereof over 500,000 square feet of enclosed space.

(3)

For nonresidential, addition: a fee per 1,000 square feet up to 500,000 square feet enclosed or fraction thereof. An amount per 1,000 square feet for each 1,000 square feet enclosed or fraction thereof over 500,000 square feet of enclosed space.

(4)

For nonresidential, alterations and/or repairs: a fee per 1,000 square feet up to 500,000 square feet enclosed or fraction thereof. An amount per 1,000 square feet for each 1,000 square feet enclosed or fraction thereof over 500,000 square feet of enclosed space.

(d)

Application for VPAC:

(1)

For residential development: a fee per dwelling unit up to 1,000 dwelling units. An amount per dwelling for any additional dwelling units over 1,000 units.

(2)

For nonresidential development: a fee per 1,000 square feet up to 1,000,000 square feet enclosed or fraction thereof. An amount per 1,000 square feet for each 1,000 square feet enclosed or fraction thereof over 1,000,000 square feet of enclosed space.

(e)

De minimis concurrency and Mobility fee review.

(f)

Appeals of CMMSO, Director of Planning and Development or reviewing division decision, plus hearing officer compensation to be determined by Office of General Counsel: a fee for the appeal and a deposit on the hearing officer.

(g)

Special trip generation or traffic study: per hour or then current cost of consultant whichever is greater.

(h)

Concurrency time extensions.

(i)

Mobility Fee Calculation Certificate.

(j)

Mobility Fee Contract application.

(k)

Mobility Fee Letter.

(l)

Mobility Fee Credit Letter.

(m)

Transfer of Mobility fee certificate.

(n)

All agencies, independent authorities and departments of the City of Jacksonville, as well as all departments and agencies of the state and federal government, are exempt from the requirement to pay Concurrency and Mobility Management System fees.

(o)

The CMMSO shall coordinate the transfer of the identified public school concurrency testing fees collected pursuant to this Section to the DCPS quarterly.

(Ord. 90-1251-571, § 1; Ord. 92-131-128, § 10; Ord. 93-120-111, § 4; Ord. 2004-1003-E, § 9; Ord. 2007-1146-E, § 1; Ord. 2011-536-E, § 1; Ord. 2017-665-E, § 28; Ord. 2019-254-E, § 2; Ord. 2022-909-E, § 1)

Sec. 655.117. - No taking construed.

Nothing in this Chapter shall be construed or applied to constitute a temporary or permanent taking of private property without just compensation without due process of law.

(Ord. 90-1251-571, § 1)

Sec. 655.118. - Reserved.

Editor's note— The provisions of former § 655.118, relative to severability, were deleted as part of the Super Supplement to the Code. Former § 655.118 derived from Ord. 90-1251-571, § 1.

Sec. 655.119. - Computation of time.

If any filing deadline set forth herein falls on a Saturday, Sunday or on a legal holiday, the deadline shall extend until the end of the next day that is neither a Saturday, Sunday or legal holiday.

(Ord. 90-1251-571, § 1)

Sec. 655.120. - Enforcement.

(a)

A person who shall violate provisions of this Chapter shall be deemed guilty of a class D offense.

(b)

In addition to the penalties provided hereinabove for violations of this Chapter, any violation of this Chapter shall be subject to appropriate civil action in the court of competent jurisdiction.

(Ord. 90-1251-571, § 1)

Sec. 655.121. - Public notice and advertisement methods.

Any public notice or advertisement required in this Chapter to be published in a newspaper of general circulation is also permitted to be published via such other advertisement or notice method as permitted by law (e.g., a publicly accessible website).

(Ord. 2023-187-E, § 13)

Sec. 655.122. - Concurrency and Mobility Management System Handbook.

(a)

Annually, by June 15 of each calendar year, the CMMSO shall develop an updated Concurrency and Mobility Management System Handbook for Jacksonville, Florida ("Handbook"), as the official document containing the current procedures, methodologies and criteria to be used by the City in implementing this Chapter. These procedures, methodologies and criteria shall include the assumptions and formula inputs used by the Division in calculating Mobility fees pursuant to Section 655.503(e), such as the recommended process and data set forth in the Institute of Transportation Engineers (ITE) most recent edition of Trip Generation Manual. The intent of the Handbook is to publish for applicants and the public clear, uniform, and objective standards for the calculation of Mobility fees. Trip Generation Manual shall be used by the Division in calculating the Development Daily Vehicle Trips of the proposal and of the Existing Uses on the property, unless there is a special trip generation study approved by the Planning and Development Department. Trip Generation Manual shall also be used for pass-by capture, internal capture, and diverted link trips as those concepts are recommended for use by the ITE.

(b)

To assist the CMMSO in the development of an updated Handbook regarding the Mobility System, the President of the City Council shall appoint a Technical Advisory Committee ("TAC"), consisting of three licensed professional traffic engineers (P.E.). The TAC may adopt by-laws for the conduct of its meetings, which shall be noticed and open to the public and subject to all applicable Florida Sunshine Laws. Members of the TAC shall serve for two years through June of the applicable calendar year. Upon expiration of the terms, the President shall either re-appoint existing members or appoint new members. The CMMSO shall work with the TAC in preparing the updated Handbook. By June 15 of each calendar year, the CMMSO shall forward to the committee(s) of reference of the City Council for the subject matters of land use and transportation, a draft of the updated Handbook, accompanied by a report from the TAC containing its recommendations regarding the updated Handbook. Upon review and approval of the updated Handbook by the committee(s) of reference, subject to City Council approval, the updated Handbook shall remain in effect, shall be provided to the public on-line, and shall be used by the CMMSO until the next update. Updates to the Handbook regarding concurrency (non-transportation issues) will be performed by the Department.

(Ord. 90-1251-571, § 1; Ord. 92-131-128, § 11; Ord. 98-576-E, § 1; Ord. 2011-536-E, § 1; Ord. 2014-183-E, § 2; Ord. 2022-909-E, § 1)

Sec. 655.123. - Reserved.

Editor's note— The provisions of former § 655.123, relative to the effective date of this Chapter, were deleted as part of the Super Supplement to the Code. Former § 655.123 derived from Ord. 90-1251-571, § 1.

PART 2. - JACKSONVILLE DEVELOPMENT AGREEMENT REGULATIONS

Sec. 655.201. - Purpose and declaration of public policy.

The purpose of Part 2 is to establish procedures by which development agreements may be considered, reviewed, approved, amended and cancelled by the City of Jacksonville, in a manner consistent with F.S. §§ 163.3220—163.3243, and in a manner which promotes a strong commitment to comprehensive facilities planning, ensures adequate environmental protection and the provision of adequate public facilities, except for Motorized and Non-motorized public transportation facilities, facilitates and promotes certainty in the development approval process, and reduces the economic costs of development by providing greater regulatory certainty.

The Council declares as a matter of public policy that the implementation of F.S. §§ 163.3220—163.3243 is a public necessity and is important in the protection and enhancement of the quality of life in the City of Jacksonville and State of Florida.

(Ord. 93-120-111, § 1; Ord. 2011-536-E, § 1; Ord. 2022-909-E, § 2)

Sec. 655.202. - Legislative findings, intent and authority.

The Council finds and determines that:

(a)

The lack of certainty in the approval of development can result in a waste of economic and land resources, discourage sound capital improvement planning and financing, contribute to the escalation of housing and development costs, and discourage commitment to comprehensive planning;

(b)

When a developer can be given assurances by the City that upon receipt of the final development order or final development permit, the development may proceed in accordance with existing laws and policies, subject to the conditions of a development agreement, or when a landowner contributes toward the improvement of public facilities and can be assured, in exchange for those contributions, the landowner will share in the benefit of those improvements, the public planning process is strengthened, sound capital improvement planning and financing is encouraged, the adequacy of public facilities for the development is improved; private participation in comprehensive planning is encouraged, and economic costs of development are reduced;

(c)

Part 2 is intended to implement and be consistent with the 2010 Comprehensive Plan and the provisions hereof are intended to be the minimum requirements necessary to accomplish the purposes and objectives hereof;

(d)

Part 2 is adopted pursuant to the authority of Fla. Const. Art. VIII, § 1, F.S. § 166.021 et seq., F.S. § 163.3161 et seq., and F.S. § 163.3202 et seq.

(Ord. 93-120-111, § 1)

Sec. 655.203. - Short title.

This ordinance shall be known and may be cited as "Development Agreement Regulations."

(Ord. 93-120-111, § 1)

Sec. 655.204. - Definitions.

For the purposes of this Part, the following terms, phrases, words, and their derivations, shall have the meaning contained below, or as referenced within specific Sections.

Aggrieved or adversely affected person means any person or local government which will suffer an adverse effect to an interest protected by the Comprehensive Plan. The alleged adverse effect may be shared in common with other members of the community at large, but shall exceed in degree the general interest in common good shared by all persons.

Applicant means any person or his duly authorized agent who submits a proposed development agreement for the purpose of obtaining approval thereof.

Department means the Planning and Development Department.

Development agreement means an agreement entered into between the City of Jacksonville and any person(s) associated with a development agreement pursuant to the terms of Part 2, Chapter 655, Ordinance Code. A development agreement provides the opportunity to engage in public/private, flexible bargaining on many aspects of land use controls, and is particularly well-suited to a development that requires a negotiated, tailored resolution to a problem or need that requires long-term commitments from the City, the developer(s) and/or land owner(s). Whenever a development agreement is utilized to meet the requirements of Chapter 655, Part 1, it shall result in the maintenance of and/or a return to the required level of service standard for any public facility, except for Motorized and Non-motorized public transportation facilities, as defined in Section 655.105, Ordinance Code, that has been or will be compromised by the potential impacts of the proposed development which is the subject of the development agreement.

Director means the Director of Planning and Development.

Land means the earth, water, and air, above, below, or on the surface, and includes any improvements or structures customarily regarded as land.

Land development regulations means ordinances enacted by the City of Jacksonville for the regulation of any aspect of development and includes any concurrency action, rezoning, subdivision, environmental, building construction, application or payment of a Mobility fee, or sign regulations controlling the development of land.

Party means the City of Jacksonville or a developer or other person who has entered into a development agreement with the City of Jacksonville.

State land planning agency means the Florida Department of Economic Opportunity or successor agency.

(Ord. 93-120-111, § 1; Ord. 2002-714-E, § 3; Ord. 2011-536-E, § 1; Ord. 2022-909-E, § 2)

Editor's note— Ord. 2011-536-E, § 1, amended the Code by repealing former § 655.204 and renumbering former §§ 655.205—655.210 and 655.213 as new §§ 655.204—655.209 and 655.212. Former § 655.204 pertained to applicability, and derived from Ord. 93-120-111, § 1.

Sec. 655.205. - General requirements.

(a)

Minimum requirements of a development agreement. A development agreement shall include, but not be limited, to the following:

(1)

A legal description of the land subject to the development agreement and the names and addresses of all of the legal and equitable owner(s) as well as the developer(s), if any, of the land;

(2)

The duration and effective date of the development agreement;

(3)

The proposed land uses or development uses permitted on the land, including residential densities, building intensities and height;

(4)

Future Land Use Map series (FLUMs) designation according to the Comprehensive Plan and current zoning;

(5)

A description of the public facilities and services, except for Motorized and Non-motorized public transportation facilities, that will service proposed development, including who shall provide such facilities and services; development progress thresholds measured in enclosed and/or unenclosed square feet or number dwelling units; the date or schedule any new facilities, if needed, will be constructed; a schedule to assure public facilities and services, except for Motorized and Non-motorized public transportation facilities, are available concurrent with the impacts of the development; and if necessary, any third party or other agreement assuring the provision of such public facilities and services;

(6)

A description of any reservation or dedication of land for public purposes;

(7)

A description of all local development orders and/or development permits approved or needed to be approved in order for the proposed development of the land to commence and proceed;

(8)

A written description of the intended plan of proposed development;

(9)

A site development plan for the land subject to the development agreement containing the following:

(i)

A graphic layout of the proposed development by land use which quantifies the acreage and density and/or intensity of each portion of the proposed development in terms of enclosed and/or unenclosed square feet for all commercial development proposals and in terms of total dwelling units by type of dwelling unit for residential development proposals;

(ii)

Access points to the surrounding road system, internal and major road rights-of-way and road widths, any proposed pedestrian and bicycle facilities, and other easements;

(iii)

Landscape and buffer areas, common open space and native habitat preservation and mitigation areas, recreational areas and any public purpose lands; and

(iv)

The location of any on-site potable water supply (e.g., wells) or wastewater treatment facilities.

This requirement may be waived in whole or in part by the Director if he determines that the size of the proposed development or nature of the proposed development agreement does not warrant the inclusion of such information within the development agreement provided, however, that the agreement shall meet the minimum requirements set forth in F.S. §§ 163.3227—163.3243, as such may be amended from time to time.

(10)

A finding that the development permitted or proposed is consistent with the Comprehensive Plan and all applicable land development regulations;

(11)

A description of any conditions, terms, restrictions, or other requirements or third party agreements determined to be necessary by the City for the public health, safety and welfare of its citizens;

(12)

A statement that the development agreement is voluntarily entered into in consideration of the benefits to and rights of the parties.

(13)

A statement indicating the failure of the development agreement to address a particular permit, condition, terms, or restriction shall not relieve the developer of the necessity of complying with the appropriate law governing such permitting requirements, conditions, terms or restrictions; and

(14)

A description of the requirements for the filing of an annual report, the designation of the individual or other entity required to file an annual report and a statement indicating the required submission dates.

The requirements of subsections (a)(1) through (9) of this Section may be waived in whole or in part by the Director if he determines that the size of the proposed development or nature of the proposed development agreement does not warrant the inclusion of such information within the development agreement.

(b)

Optional provision concerning development time frames. A development agreement may provide that the entire development or any phase thereof be commenced or completed within a specific period of time.

(c)

Duration of a development agreement. The duration of a development agreement shall generally be for the actual duration of the proposed development, or length of time mutually agreed upon in the case of reserve priority capacity not associated with development but in any case shall not exceed 30 years from its effective date, unless otherwise provided by law. It may be extended by mutual consent of the City, the developer, and any third party to the development agreement, pursuant to the public hearing requirements contained in Section 655.206(f), Ordinance Code, herein.

No development agreement shall be effective or be implemented unless any comprehensive plan amendment(s), if necessary, implementing or related to the agreement are found in compliance with F.S. Ch. 163 by the State land planning agency.

(d)

Processing of application for development agreement with other applications for development approval. Where an application for development agreement is submitted in conjunction with other applications for development approval, the review periods for processing the development agreement application may be altered by the CMMSO, at the applicant's request, to accommodate the concurrent processing of the other applications.

(e)

Periodic review of a development agreement. Within 12 months of the effective date of a development agreement, the City shall inspect the land subject to the development agreement, to determine if there has been demonstrated good faith compliance with the terms of the development agreement. In addition to these requirements, the developer or his authorized representative shall submit an annual report to the Department on the date specified in the development agreement, pursuant to Section 655.208, Ordinance Code. For each annual review conducted during years six through 20 of a development agreement, the review shall be incorporated into a written report which shall be submitted to all parties to the agreement.

(f)

The adoption of the Mobility System and Part 5 of this Chapter does not abridge or modify any rights or any duties or obligations set forth in any validly existing development agreement or any other contract relating to a valid development agreement. The development authorized by a development agreement may be completed in reliance upon and pursuant to the terms of the development agreement unless the developer or landowner has requested to cancel the development agreement or amend the development agreement to terminate a portion of the rights set forth in the development agreement as set forth in this Section. Any proposed change to a development which is governed by a development agreement and 1) increases the trip generation of the development, or 2) changes the trip distribution of the development shall be governed by the requirements of Part 5 of this Chapter.

(g)

Amendment or cancellation of a development agreement. A request to amend or cancel a development agreement may be initiated by the Department, the owner or developer of real property for which a development agreement has been approved or any third party to a development agreement. A development agreement may be cancelled by the City or amended, subject to the procedural and public hearing requirements contained in these regulations, and under one or more of the following conditions:

(1)

Where there is mutual consent to the amendment or cancellation by all of the parties or their successors in interest as provided in F.S. § 163.3237;

(2)

Where State or federal laws have been enacted which prohibit one or more parties to the agreement from complying with the terms of the development agreement;

(3)

Where the City Council has determined that there has been a failure to comply with the terms of the development agreement;

(4)

Where the City may apply subsequently adopted local laws and policies to a development agreement.

A request to amend or cancel a development agreement must state the basis for the request and must include facts sufficient to indicate why there is justification for the amendment or cancellation.

(h)

Requirements for owner or developer cancellation or amendment of an approved development agreement.

(1)

At the request of the owner or developer, a proposed amendment or cancellation of an approved development agreement may be submitted to the City Council for consideration. The proposed amendment or cancellation document shall contain the following items:

(i)

Conditions that require the owner or developer to mitigate the impacts, of all existing and proposed development, including mitigation of any impacts resulting in changes in the original or amended development agreement due to the cancellation or amendment of same;

(ii)

Conditions that require the owner or developer to request and receive a rescission of or amendment to all development permits or other approvals which authorize development beyond that which is authorized under an amended or cancelled development agreement; and

(iii)

Conditions that require the developer to satisfy all applicable conditions of the existing development agreement with regard to existing and proposed development.

(2)

Each request for a proposed amendment or cancellation of an approved development agreement shall include the following items:

(i)

A description of the actual amount of development completed, the size and scope of the resulting plan of development (after cancellation or amendment), and a description of the extent to which existing permits or approvals authorize development which would exceed that allowed under the resulting plan of development (after cancellation or amendment);

(ii)

A description of the amount of existing development, as defined under Section 655.105, Ordinance Code, that has occurred on site, including the amount of existing vertical development by land use in gross square feet, dwelling units, or other applicable units of measure; the amount of infrastructure completed at the site; etc. A copy of the approved site development plan, if applicable, shall be attached to the request as Exhibit A.

(iii)

An identification of the amount of development that is planned (after cancellation or amendment), including the amount of vertical development by land use in gross square feet, dwelling units, or other applicable units of measure; the amount of infrastructure to be completed at the site; etc. A copy of the site development plan, if applicable, for the development as proposed after cancellation or amendment shall be attached to the request as Exhibit B.

(iv)

An identification of all State and federal permits applied for or obtained to date. Specify the agency, type of permit and function of each permit. A copy of each permit or permit application (if no permit has been issued) shall be attached to the request as Exhibit C.

(v)

An identification of all undeveloped tracts of land (other than individual single-family lots) sold to separate entities or developers. Specify the size and buyer of each tract or parcel. A map identifying the undeveloped tracts shall be attached to the application as Exhibit D.

(vi)

A certification of concurrence with cancellation or amendment from all parties to the development agreement or their successors in interest shall be attached to the request as Exhibit E.

(vii)

An explanation of the reason for seeking cancellation or amendment of the development agreement shall be attached to the request as Exhibit F.

(viii)

A discussion of any material adverse impacts of the development subject to the development agreement, and/or its amendments, on any existing resources, or existing or planned facilities, and the mitigation for these impacts shall be attached to the request as Exhibit G.

(ix)

A list of each of the conditions in the development agreement, and/or amendments thereto, included to protect or mitigate the development's impact to resources or facilities, including an explanation and documentation that each condition to existing development was satisfied by the developer, or will be satisfied as to the level of proposed development after cancellation or amendment, shall be attached to the request as Exhibit H.

(3)

Nothing in this Section shall be construed to abrogate validly existing common law vested rights.

(i)

Department informational workshop. Prior to preparing its written recommendation on each development agreement to the City Council, the Department shall hold an informational workshop for the public concerning the application. This public meeting shall be noticed in the same manner as the required public hearings are noticed herein.

(j)

Public hearings. Before the City enters into, amends or cancels a development agreement, there shall be a minimum of two public hearings, with one public hearing to be held by the City Council and the other to be held by either the City Council or the Planning Commission. The public hearings shall be held 45 days from the date of the filing of the legislation concerning the development agreement with the Division of Legislative Services. The owner or developer shall file proof of publication with the Legislative Services Division prior to the public hearings.

The notices of the public hearings shall state the intent of the City Council to consider a development agreement, or its amendment or cancellation, and shall specify the time, place and location of each public hearing, identify the location of the land subject to the proposed development agreement, or its amendment or cancellation, the development issues arising from the proposed development agreement, or its amendment or cancellation, its proposed land uses or development uses permitted on the land, including residential densities, building intensities and height, and shall specify a place where a copy of the proposed development agreement, or proposed amendment or cancellation, may be obtained.

(1)

Notice of each public hearing shall be advertised in a newspaper of general circulation in the City at least once, approximately seven calendar days prior to each public hearing. The published notice shall be in the form prescribed by the Department and placed by the applicant at his expense. The applicant shall file proof of publication with the Division of Legislative Services prior to each public hearing.

(2)

Notice of the public hearing shall also be given, at the applicant's expense within at least 14 days in advance of the first public hearing to all owners of real property within 350 feet of the boundary line of the property for which a development agreement, or its amendment or cancellation, is requested; provided, however, that where the land for which a development agreement, or its amendment or cancellation, is sought, is part of, or adjacent to, land owned by the same person, the Director may, in his discretion, require that notice be given to such owners as the Director may determine to be affected property owners. For purposes of this provision, owners of adjacent or nearby properties within the distance set forth herein shall be deemed to be those whose names appear on the current tax records in the Office of the Property Appraiser; provided, however, that where such notice is determined by the Director to be insufficient to ensure actual notice to a majority of adjoining owners, he may require mailed notice to be given to the actual owners, as indicated by a current title search of the public records. Notwithstanding any other provision herein contained, the failure of an adjacent or nearby property owner required by this Section to receive written notice shall not constitute a jurisdictional defect, provided that proper legal notice has been published, and shall not invalidate or otherwise have an effect upon any action taken by the City Council.

(3)

The applicant for a development agreement shall post signs at intervals of not more than every 200 feet along all street sides of the land which is the subject of the application. The signs shall be in the form required by the Department and shall be posted by the applicant in full public view within at least 14 days in advance of the first public hearing, and maintained by the applicant until after the conclusion of all public hearings.

(4)

With respect to any City-initiated action concerning an amendment to or cancellation of a development agreement, all parties to the development agreement shall be sent a written notice of such proposed action at least 30 days in advance of the first public hearing by certified mail, return receipt requested.

(k)

Execution; binding nature of the development agreement. An approved development agreement, amendment or cancellation shall be executed by all persons having a legal or equitable interest in the subject property, including the fee simple owner and all mortgagees, unless the Office of General Counsel approves the execution of a development agreement without the necessity of such joinder or subordination, based on a determination that the substantial interests of the City will not be adversely affected. The burdens of the development agreement shall be binding upon, and the benefits of the development agreement shall inure to, all successors in interest to the parties to the development agreement. An amendment to or cancellation of an approved development agreement shall be executed in the same manner as provided hereinabove.

(Ord. 93-120-111, § 1; Ord. 2002-714-E, § 3; Ord. 2011-536-E, § 1; Ord. 2022-909-E, § 2)

Note— Former § 655.206. See editor's note, § 655.204.

Sec. 655.206. - Development agreement application procedures.

(a)

Mandatory concurrency review. Prior to submitting an application for a development agreement associated with proposed development, the proposed development shall first undergo concurrency review, pursuant to the procedures set forth in Section 655.111(c), Ordinance Code.

(b)

Memorandum of Agreement. A Memorandum of Agreement pursuant to Section 655.111(b)(5)(iv), Ordinance Code, shall be executed by the applicant and submitted to the Director, together with the receipt from the Tax Collector indicating payment of the required fee, prior to the expiration of the CCAS or CRC. Required time frames and written instructions for proceeding with the development agreement proposal shall be distributed with copies of the fully executed Memorandum of Agreement.

(c)

Pre-application conference. Prior to filing an application for a development agreement, an applicant shall request a pre-application conference. In the case of a development agreement associated with a proposed development, a pre-application conference shall be held within 14 days of the effective date of the Memorandum of Agreement. At this conference, a receipt indicating payment to the Tax Collector of the appropriate development agreement fee pursuant to Section 655.209, Ordinance Code, shall be filed with the CMMSO. The Director will determine the appropriate City or other governmental entity whose staff assistance will be required, and will issue a written request to each affected agency or department head or division chief, who shall send a representative to attend the conference. At the conference, the following items shall be discussed:

(1)

Information and/or actions necessary to bring the application into conformity with these regulations or other regulations applying generally to the property involved and/or to define specifically other information and/or actions essential to the preparation of the proposed development agreement;

(2)

Any other applications for development approval that might be filed with the proposed development agreement;

(3)

Other jurisdictional agencies that need to become a party to the proposed development agreement;

(4)

Any known Level of Service (LOS) or other compatibility issues which need to be addressed.

(d)

Development agreement application. The development agreement application shall be filed with the CMMSO, together with the required number of copies determined necessary by the CMMSO within ten days from the date of the pre-application conference. The CMMSO shall review the application for sufficiency within five working days of the filing date. If the application is determined to be insufficient by the CMMSO, or if any of the City or other governmental entity staff representatives request additional information, the proposed development agreement application timing shall be tolled pursuant to Section 655.111(b)(5)(iv) Ordinance Code, and the CMMSO shall notify the applicant in writing of the insufficiency or request for additional information. The insufficiency or request for additional information shall be cured or addressed within ten days from the date of mailing of the written notice. The applicant's failure to cure the insufficiency or furnish the additional information within the ten-day period shall result in the cancellation of the proposed development agreement review process and shall cause the subsequent release of any reserve priority capacity being held by the CMMSO for the proposed development. Upon making a determination that the application is sufficient, the CMMSO shall accept the application, stamp that date on the application and distribute copies of the application to all appropriate City or other governmental entity staff representatives.

(e)

Comments and recommendations concerning the development agreement application. Each City or other governmental staff representative whose assistance is requested by the Director shall forthwith review the development agreement application, and shall transmit their comments and recommendations concerning the application to the CMMSO no later than 21 days from the application acceptance date.

(f)

CMMSO preliminary report. The CMMSO shall compile and distribute its preliminary report concerning the application, incorporating the reports of each City or other governmental staff representative into same, and allowing for any changes requested by the applicant in the application since the application acceptance date, no later than 31 days therefrom. No amendments to the application shall be accepted from the applicant after the CMMSO preliminary report is issued.

(g)

Department recommendation. Prior to the public hearing by the appropriate committee of reference, the Department shall make a written recommendation to the City Council. The recommendation of the Department shall be advisory only and shall not be binding upon the City Council.

(h)

Council committee public hearing; City Council public hearing. The Department written recommendation regarding the development agreement shall be transmitted to the City Council prior to the public hearing held by the appropriate committee of reference. The applicant shall have the right, prior to the close of the public hearing, to respond to contentions advanced as part of any testimony or other evidence presented during the public hearing. After the close of the public hearing, the City Council, in the exercise of its legislative discretion, may approve the proposed development agreement, approve the proposed development agreement with amendments, or disapprove the proposed development agreement. If amendments, other than proposed Department amendments, are proposed for the Council's consideration, such amendments shall be either prepared by or reviewed by the Office of General Counsel and approved as to both form and legality prior to being submitted to the City Council for consideration.

(Ord. 93-120-111, § 1; Ord. 2002-714-E, § 3; Ord. 2011-536-E, § 1)

Note— Former § 655.207. See editor's note, § 655.204.

Sec. 655.207. - Annual review procedures.

(a)

Filing and annual monitoring report. Annual monitoring reports shall be submitted by the individual or other entity designated in the approved development agreement to the Department by the date specified in the approved development agreement, and each year thereafter, until such time as the approved development agreement expires or the terms and conditions of the approved development agreement are satisfied. Failure to submit an annual report or the deliberate misrepresentation or the use of gross inaccuracies in the report may be grounds for the initiation of proceedings by the Department to amend or cancel the approved development agreement. This report shall contain:

(1)

A listing of any changes in the approved development agreement;

(2)

A summary comparison of development activity proposed and actually developed, if any;

(3)

A listing of any undeveloped tracts of land, other than individual single family lots, that have been sold to a separate entity or developer;

(4)

An assessment of the level of compliance with the conditions contained in the approved development agreement by all parties to the development agreement;

(5)

A list of local, State or federal permits which have been obtained or which are pending, if any, by agency, type of permit, permit number, and purpose of permit; and

(6)

The identification of any changes in local, State or federal legislation substantially affecting compliance with the approved development agreement.

(b)

Annual development agreement review.

(1)

Within five days of receipt of the annual monitoring report, the Department shall send a copy of the submitted report to each of the review divisions for their review, analysis, and comments.

(2)

Reviewing divisions, upon receipt of the submitted report, will have 15 days to evaluate the report and issue comments to the Department. The failure of any reviewing division to issue comments within the 15 days shall constitute approval of the submitted report by that division. Their review shall address the following:

(i)

The completeness and accuracy of the information contained within the submitted document;

(ii)

The degree of compliance with the terms of the development agreement; and

(iii)

The identification of any changes warranting an amendment to or cancellation of the development agreement.

(3)

Upon receipt of all review division comments, the Department shall, within ten days, issue a formal report on the findings of the annual review and issue a determination of compliance with the terms of the development agreement. This report shall be sent to all parties to the development agreement and shall be available for public inspection at the Department.

(c)

Determination of noncompliance. In the event that it is determined by the Department that there has been a failure to comply with the terms of the development agreement by the developer, the Department shall provide written notice to all parties to the development agreement of such determination by certified mail, return receipt requested. The parties shall have 30 days from the date of mailing to respond to the Department's determination. If the parties fail to cure the failure to comply or fails to respond within the 30-day period, the Department shall submit as an agenda item at the next regularly scheduled meeting of the appropriate committee of the City Council a request to initiate proceedings to amend or cancel the development agreement. All parties to the development agreement shall be provided with written notice of the Department's intention to take such action at least seven days prior to the committee meeting, by certified mail, return receipt requested.

(Ord. 93-120-111, § 1; Ord. 2011-536-E, § 1)

Note— Former § 655.208. See editor's note, § 655.204.

Sec. 655.208. - Schedule of fees.

(1)

Fees for the categories of activities listed below can be found electronically on the following City of Jacksonville webpage: www.coj.net/fees. The effective date and time of filing the application shall be upon receipt of the required fee by the Tax Collector. The fees shall not include the cost of notification, which cost shall be $7 for each notification and shall be paid to the City.

(a)

Application for a development agreement - less than one acre;

(b)

Application for a development agreement - more than one acre;

(c)

Request for an amendment to a development agreement;

(d)

Request for cancellation of a development agreement;

(e)

Memorandum of Agreement.

All fees received by the City in connection with development agreement applications shall be deposited into the Concurrency Management System Fund created by Section 111.520, Ordinance Code.

(2)

Existing Development Agreements entered into by the City also provide for the payment of annual maintenance fees to maintain reservations of capacity; such fees vary based on the respective reservation in the Development Agreement. The first $500 received by the City annually in connection with Development Agreement annual maintenance fee payments made pursuant to an existing Development Agreement approved pursuant to Part 2 herein may be used for Department operational expenses related to the costs of administration of the annual maintenance fee payments; any amount received by the City annually in excess of the $500 for each annual maintenance fee payment shall be deposited into the Fair Share Sector Areas Transportation Improvements Special Revenue Fund created by Section 111.530, Ordinance Code.

(Ord. 93-120-111, § 1; Ord. 2004-1003-E, § 10; Ord. 2006-422-E, § 124; Ord. 2007-813-E, § 10.11; Ord. 2011-536-E, § 1; Ord. 2015-249-E, § 1; Ord. 2022-909-E, § 2)

Note— Former § 655.209. See editor's note, § 655.204.

Sec. 655.209. - Investment recouping schedule.

(a)

The Director is hereby authorized to negotiate and establish within a development agreement authorized pursuant to this Chapter, or otherwise authorized by law, an investment recouping schedule whereby a party to a development agreement who funds and/or constructs any improvement required to return a compromised level of service to the required level of service standard as prescribed in the Comprehensive Plan and/or funds a significant regional transportation improvement, in order to accommodate the impacts of proposed development upon such public facility as required by the Concurrency Management System, may be eligible to participate in an equitable system of investment recoupment for additional capacity provided by the public facility improvement which is in excess of the capacity required by any proposed development or that is the subject of the development agreement. Further, the Director is authorized to establish and implement an investment recouping schedule for public facility projects funded, in whole or in part, by the City, which will allow the City to recover the cost of the improvement.

(b)

The Director shall prepare and promulgate rules to implement the investment recouping schedule, which shall include but not be limited to:

(1)

Qualification criteria for a public facility project to participate in an investment recouping schedule, including minimum project cost.

(2)

Methods and criteria for establishing capacity and identifying excess capacity of public projects shall be the same as those adopted by the Concurrency Management System testing agencies or as deemed necessary for transportation improvements of regional significance.

(3)

Methods and criteria for establishing total investment recouping amounts for each project.

(4)

Procedures for establishing and delineating recoupment areas.

(5)

Duration of investment recouping schedules.

(6)

Establishing and collecting investment recouping schedule administrative fees.

(7)

Investment recouping fee collection and distribution schedule.

(8)

Documentation required to prepare investment recouping schedules.

(c)

The Director may establish an investment recouping schedule which may become a part of the development agreement, which includes the following components:

(1)

Description of the public facilities included in the investment recouping schedule.

(2)

An exhibit delineating the applicable investment recouping schedule area.

(3)

Engineering computations and documentation of estimated construction costs which form the basis for determining cost recovery amounts for the investment recouping schedule. The estimated construction costs shall be amended in the investment recouping schedule upon completion of the project should they differ from the original estimated costs. The party funding and/or constructing the project shall be responsible for furnishing the updated construction cost data to the Director prior to any disbursement according to the investment recouping schedule.

(d)

The Director, through the CMMSO, shall collect public facility investment recouping schedule fees according to the criteria established herein for all development falling within the boundaries of the investment recouping schedule area.

(e)

The City shall be exempt from payment of investment recouping schedule fees to other parties when improvements funded solely by the City are constructed in investment recouping schedule areas.

(f)

Any public facility improvement project constructed prior to April 25, 1991, which has a positive impact on the levels of service and for which available capacities still exist, shall be eligible to participate in the investment recouping schedule program developed under this Section.

(Ord. 93-120-111, § 1; Ord. 1999-493-E, § 1; Ord. 2011-536-E, § 1)

Note— Former § 655.210. See editor's note, § 655.204.

Secs. 655.210, 655.211. - Reserved.

Sec. 655.212. - Legal status of ordinance.

To the extent of any conflict with the other regulations of the City of Jacksonville, and except as herein specifically provided, Part 2 supersedes the other regulations with respect to the subject matter hereof. However, the authority of the City of Jacksonville to enter into development agreements which do not involve the Concurrency and Mobility Management System or the issuance of reserve priority capacity pursuant to this Chapter is not vested in this Part 2, but shall be governed by the procedures and requirements set forth in F.S. §§ 163.3220 through 163.3243, as amended.

(Ord. 93-120-111, § 1; Ord. 2011-536-E, § 1)

Note— Former § 655.213. See editor's note, § 655.204.

Secs. 655.213, 655.214. - Reserved.

Sec. 655.215. - Existing CRC and CCAS not subject to a development agreement.

Any existing CRC or CCAS that is not the subject of 1) an existing and valid development agreement, or 2) a pending paid application for a development agreement as of September 19, 2011, cannot be converted into a development agreement in order to reserve traffic circulation and mass transit capacity.

(Ord. 2011-536-E, § 1; Ord. 2022-909-E, § 2)

PART 3. - FAIR SHARE ASSESSMENT PROCEDURES[2]

Footnotes: --- (2) ---

Editor's note— Ord. 2011-536-E, § 1, amended the Code by, in effect, repealing former Pt. 3, §§ 655.301—655.309, and adding a new Pt. 3, §§ 655.301—655.304 and 655.309. Former Pt. 3 pertained to similar subject matter, and derived from Ord. 98-576-E; Ord. 2003-1127-E; Ord. 2004-587-E; Ord. 2004-588-E; Ord. 2005-952-E; Ord. 2006-422-E; Ord. 2006-679-E; Ord. 2007-839-E; Ord. 2008-343-E; Ord. 2008-680-E; and Ord. 2010-695-E.

Sec. 655.301. - Existing valid fair share contracts.

The Council declares as a matter of public policy that the implementation of F.S. § 163.3180(11), is a public necessity and is important in the protection and enhancement of the quality of life in the City of Jacksonville and State of Florida.

(a)

The adoption of the Mobility System and Part 5 of this Chapter does not abridge or modify any rights or any duties or obligations set forth in any validly existing fair share assessment contract or any other contract relating to a valid fair share contract. The development authorized by a fair share assessment contract may be completed in reliance upon and pursuant to the terms of the fair share assessment contract unless the developer or landowner has requested to terminate the fair share assessment contract or a portion of the rights set forth in the fair share contract as set forth in subsection (b) below. Any proposed change to a development which is governed by a fair share assessment contract and 1) increases the trip generation of the development, or 2) changes the trip distribution of the development shall be governed by the requirements of Part 5 of this Chapter.

(b)

If requested by the developer or landowner, the fair share assessment contract or a portion of the rights set forth in a fair share contract shall be administratively terminated by the Director of the Planning and Development Department upon a showing that all required payments or other mitigation related to the amount of development that has commenced on or before the date of termination has been paid or mitigation completed. In order to terminate a fair share contract or a portion of the rights under a fair share contract under this Section, the developer or landowner shall submit a notarized affidavit to the Director of Planning and Development acknowledging that no outstanding rights to be terminated have been transferred to other parties. Additionally, the developer or landowner shall at least 30 days prior to termination provide written notice of all owners of real property within that portion of the fair share contract proposed to be terminated. Evidence of the written notice shall also be submitted to the Director of Planning and Development. If the fair share contract is terminated or portion of rights in any fair share contract are terminated, any future development subject to the termination would be governed by Part 5 of this Chapter.

(Ord. 2011-536-E, § 1; Ord. 2022-909-E, § 3)

Sec. 655.302. - Reserved.

Editor's note— Ord. 2022-909-E, § 3, repealed former § 655.302, which pertained to extension of fair share assessment contracts, and derived from Ord. 2011-536-E, § 1; Ord. 2015-249-E, § 1; and Ord. 2017-665-E, § 28.

Sec. 655.303. - Transportation facilities and/or transportation projects constructed by a landowner or developer.

(a)

Applicability. A landowner or developer may construct, or cause to be constructed, transportation facilities and/or transportation projects to offset the transportation impacts of development set forth in a fair share contract.

(b)

Credit against Fair Share Assessment. A landowner or developer who constructs, or causes to be constructed, transportation facilities and/or transportation projects authorized in subsection (a) shall receive credit against fair share assessments as provided in this Section for the design, permitting, and construction of roadway and/or intersection improvements meeting the written criteria that has been adopted by the Planning and Development Department and approved by the Office of the City Council Auditor. Such credit may be transferred to other landowners or developers and applied to any fair share assessments for proposed developments which have transportation impacts that would be offset by the constructed facilities and/or projects.

(c)

Calculation of Credit. The credit authorized in subsection (b) shall be calculated using the cost estimates in the most recent issue of the Florida Department of Transportation, Office of Policy Planning, Policy Analysis and Program Evaluation publication entitled Transportation Costs. The cost estimates for facilities and/or projects not identified in Transportation Costs shall be determined by the Public Works Department, prior to the approval of any credit.

(d)

Construction costs, security, and review.

(i)

If the actual cost of construction of the transportation facilities and/or transportation projects is less than the estimated cost of the construction of the transportation facilities and/or transportation projects, the landowner or developer shall receive credit for such difference.

(ii)

If the cost estimate of the construction of the transportation facilities and/or transportation projects is less than the total fair share assessment for which the developer or landowner is responsible, the developer or landowner shall be responsible for paying the difference between the cost estimate of the construction of the transportation facilities and/or transportation projects and the total fair share assessment to the City.

(iii)

The costs shall be deemed incurred and credit shall be provided pursuant to this Section when a contract for the construction of the transportation facilities and/or transportation projects is awarded, and a payment and performance bond, or other form of security approved by the Office of General Counsel, is provided to the City to guarantee the funding of the facilities and/or projects. The City shall be a co-obligee under the bond or other form of security.

(iv)

All transportation facilities and/or transportation projects shall be approved by the Public Works Department prior to, and after construction to verify completion and fulfillment of any fair share assessment requirements.

(e)

Credit against Mobility Fee. Unless the fair share contract or fair share contract amendment contains a contrary provision, the credit authorized in this Section may be applied toward the payment of a mobility fee owed to the City for development within the same Mobility Zone as the transportation facilities and/or transportation project. Unless the fair share contract or fair share contract amendment contains a contrary provision, credit may also be transferred to other landowners or developers for payment of a mobility fee owed to the City for development within the same Mobility Zone as the transportation facilities and/or transportation project.

(Ord. 2011-536-E, § 1)

Sec. 655.304. - Deposit of fair share assessments; appropriation of funds.

(a)

Funds received pursuant to fair share assessment contracts shall be deposited into the Fair Share Sector Areas Transportation Improvements Special Revenue Fund established pursuant to Section 111.530, the Fair Share Specific Projects Special Revenue Fund established pursuant to Section 111.535, or other Special Revenue Funds or accounts. The funds deposited into the Fair Share Sector Areas Transportation Improvement Special Revenue Fund shall be assigned to the appropriate account for the affected sector. When the proposed development lies in or affects more than one sector, the Director and the Director of Public Works shall, in their sole discretion, determine whether to deposit the funds in the account of one sector or to allocate the funds between or among the accounts for the other affected sectors. The funds deposited into the Fair Share Specific Projects Special Revenue Fund established pursuant to Section 111.535, or other Special Revenue Funds created by the City, shall be assigned as described therein.

(b)

Appropriated expenditures from the Fair Share Sector Areas Transportation Improvement Special Revenue Fund, from any other Special Revenue Funds, or from any other accounts shall be made when there are sufficient funds which, either alone or in conjunction with other funding sources, equal the amount necessary to commence engineering, acquisition of necessary right-of-way or easements or construction of the specific transportation project(s) determined by the Director and the Director of Public Works to be adequate to serve the proposed developments. The Director shall cause the necessary amendments to the CIP and funding appropriation to be prepared and submitted to the Council for approval.

(c)

On or before January 31 and June 30 of each year, the Director shall deliver to the Finance and Transportation, Energy and Utilities Standing Committees of Council, and to the Council Auditors, a report setting forth the current balances (encumbered, appropriated but unencumbered, unappropriated and reserved) for each Fair Share Sector Area Transportation Improvement Special Revenue Fund and each Fair Share Specific Project Special Revenue Fund.

(Ord. 2011-536-E, § 1; Ord. 2015-425-E, § 1)

Secs. 655.305—655.308. - Reserved.

Sec. 655.309. - Existing CRC and CCAS not subject to a fair share contract.

Any existing CRC or CCAS that is not the subject of an existing and valid fair share assessment contract cannot be converted into a fair share contract regarding traffic circulation and mass transit.

(Ord. 2011-536-E, § 1; Ord. 2022-909-E, § 3)

PART 4. - PUBLIC SCHOOL CONCURRENCY

Sec. 655.401. - Purpose and declaration of public policy.

The purpose and intent of this Part 4 is:

(a)

To implement the provisions of the City's 2010 Comprehensive Plan and the adopted Interlocal Agreement for Public School Facility Planning related to the adequacy of public school facilities as new residential growth occurs.

(b)

To ensure that public schools needed to support new residential development will meet Level of Service Standards.

(c)

To ensure that the City and DCPS maintain a financially-feasible Capital Facilities Plan to accommodate new residential development based on the DCPS ability to provide adequate public school facilities to new residents.

(d)

To establish uniform procedures for the review of School Concurrency Applications subject to the standards and requirements of this Ordinance.

(e)

To establish a methodology whereby the impacts of development on public school facilities can be mitigated by the cooperative efforts of the public and private sectors.

(f)

To encourage residential development in areas where public school facilities are adequate and/or planned in the DCPS Five-Year Capital Facilities Plan as provided for and required by State law.

(g)

To ensure that all applicable legal standards and criteria are incorporated into these procedures and requirements.

(h)

To ensure that approval of Development Orders will not adversely affect the public health, safety, and general welfare of existing and future residents of the City.

(Ord. 2007-1146-E, § 2; Ord. 2022-909-E, § 5)

Sec. 655.402. - Legislative findings, intent, and authority.

The Council finds and determines that:

(a)

The availability of public school facilities is necessary for the public health, safety, and general welfare.

(b)

New residential growth and development within the City has an impact on the school capacity of public school facilities, which impact can be mitigated as provided herein.

(c)

The LOS Standards for each school type are necessary for the protection of the public health, safety and welfare.

(d)

The impacts on public school facilities resulting from new residential development may be mitigated by measures that either reduce projected impacts on, or increase the school capacity.

(e)

This ordinance is necessary so that continued residential growth does not surpass the DCPS ability to plan for and fund necessary public school facilities.

(Ord. 2007-1146-E, § 2)

Sec. 655.403. - Definitions.

In this Part 4, the following definitions apply and supersede any contrary or inconsistent definition in this Chapter:

Auxiliary Facility means the spaces located at educational plants which are not designated for student occupant stations.

Available Capacity means a factor to be used to determine school concurrency that is determined by current permanent FISH capacity plus portables + planned additional permanent seats plus portables over the applicable testing period according to the CIE less current student enrollment (for testing in the current year) or projected enrollment (for testing in year 3) based on State Capital Outlay Full-Time Equivalent (COFTE), adjusted to remove students generated by projected new housing stock.

Capacity means the number of students that may be housed in a facility for the testing period based upon the permanent FISH capacity calculations plus portables.

Capital Improvements means physical assets constructed or purchased to provide, improve or replace a public facility. The cost of capital improvement is generally nonrecurring and may require multi-year financing.

Class Size Reduction means a provision to ensure that by July 1, 2010, there are sufficient number of classrooms in a public school so that (i) the maximum number of students who are assigned to each teacher in the public classrooms for pre-kindergarten through 3rd grade does not exceed 18 students; (ii) the maximum number of students who are assigned to each teacher in the public classrooms for 4th grade through 8th grade does not exceed 22 students; and (iii) the maximum number of students who assigned to each teacher in the public classrooms for 9th grade through 12th grade does not exceed 25 students.

Core Facility means the cafeteria, media center, gymnasium, toilet facilities and circulation space of an educational facility.

Concurrency Service Areas (CSAs) means the designation of an area within which the level of service will be measured when an application for a residential development order is reviewed.

Cost per Student Station includes all costs of providing instructional and core capacity facilities as published in the Educational Specifications, State Requirements for Educational Facilities (SREF), Florida Building Code and designed using the standards listed in the Facilities Services Design Guidelines developed by the School District, including school facility construction cost, hurricane hardening of structures, required on and off-site infrastructure costs, including land, professional fees for architects, engineers, construction managers, design, DCPS athletic costs, buildings, equipment, furniture, and site improvements.

Duval County Public Schools (DCPS) means the Duval County Public Schools District

Educational Facilities means the public buildings and equipment, structures, and special educational use areas that are built, installed or established to serve educational purposes only.

Educational Facilities Work Plan means the listing of capital outlay projects for a five-year period that is adopted by the DCPS as part of the educational facilities plan. The work plan must include a schedule of major repair and renovation projects necessary to maintain the educational and ancillary facilities and a schedule of capital outlay projects necessary to ensure the availability of satisfactory student stations for the projected student enrollment in K-12 programs.

Education Plant Survey means a systematic study of educational and ancillary facilities conducted every five years, to evaluate existing facilities, and to plan for future facilities to meet proposed program needs.

Financial Feasibility means an assurance that sufficient revenues are currently available or will be available from committed or planned funding sources for the 5-year capital improvements schedule.

Five-Year Capital Facilities Plan means the adopted DCPS Five-Year Work Plan and Capital Improvements Budget as authorized by Section 1013.35, Florida Statutes.

Florida Inventory of School Houses (FISH) Capacity means 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 based on a percentage of the total number of existing student stations and a designated size for each school type, based on the Department of Education (DOE) formulas.

Interlocal Agreement Team (ILA Team) means a committee of staff members representing the DCPS, the City, the Office of General Counsel, and the Cities of Atlantic, Neptune and Jacksonville Beaches and the Town of Baldwin.

Joint Planning Committee means a committee of elected and citizen members which provides advice to the DCPS, the City Council, and the other municipalities as established to comply with and implement Section 163.31777, Florida Statutes.

Maximized Utilization means the use of student capacity at each school to the greatest extent possible, based on the adopted LOS and the total number of permanent student stations according to FISH inventory, taking into consideration core capacity, special programs, transportation costs, geographic impediments, court ordered desegregation, and class size reduction requirements to prevent disparate enrollment levels between schools of the same type and provide equitable distribution of student enrollment district-wide.

Mitigation Banking means any system by which a residential developer or a group of developers may advance the cost of contributing land or constructing school facilities and be reimbursed by future residential development.

Permanent FISH Capacity means permanent FISH capacity, plus portables, for each school type, based on the utilization rate as established by the State Requirements for Educational Facilities (SREF).

Permanent Student Station means an area within a school that provides instructional space for a student, as specified by the FISH inventory.

School Type means Elementary, Middle, and/or High School.

State Requirements for Educational Facilities (SREF) means the Florida Department of Education's standards regulating the construction of educational facilities.

Student Generation Rate shall be calculated for each school type by dividing the total number of public school students actually enrolled in that school type in Duval County by the number of total housing units for the same year.

(Ord. 2007-1146-E, § 2)

Sec. 655.404. - Applicability and Exemptions.

(a)

This Part 4 applies to residential development not otherwise exempt by subsection (b).

(b)

The following residential uses are exempt from this Part 4:

(1)

Developments with an approved CCAS or CRC as of the effective date of this Part 4.

(2)

Developments with a pending or approved Development Agreement as defined in Part 2 or Fair Share Contract as defined in Part 3 of this Chapter.

(3)

Developments of Regional Impact pending or approved as of the effective date of this Part 4.

(4)

Any development vested as defined in Part 1 of this Chapter.

(5)

Any development with a de minimis impact defined as any residential development of 20 units or less; provided, however, that the development complies with the aggregation limitations in Section 655.106.

(6)

Developments deed-restricted by age.

(7)

Any development with a previously approved ordinance (for example, a conditioned Comprehensive Plan Amendment, conditioned PUD rezoning, Regional Activity Center, etc.) addressing mitigation for impacts to schools.

(c)

All proposed residential developments shall be given credit for existing residential units and this Part 4 shall only apply to any increase in the number of residential units in such development.

(Ord. 2007-1146-E, § 2; Ord. 2022-909-E, § 5)

Sec. 655.405. - Minimum requirements for a CCAS or CRC approval for public schools.

For public school concurrency, one of the following must be met:

(a)

Adequate school capacity to serve the development (or anticipated phase(s) of the development which will be constructed in the first three years) will be in place or under actual construction within 3 years after the issuance of final subdivision or site plan approval, or the functional equivalent and the applicant has applied for and received a CCAS/CRC or has entered into a non-mitigation capacity reservation Development Agreement pursuant to Section 655.410; or

(b)

A legally binding Mitigation Agreement between the applicant, the DCPS, and the City has been executed as provided herein.

(Ord. 2007-1146-E, § 2)

Sec. 655.406. - Concurrency Service Areas (CSA) Defined.

(a)

The CSAs shall be less than district wide and shall be divided into Concurrency Service Areas established for Duval County elementary, middle, and high schools. The current CSAs are depicted in Figures 1 through 3, below.

Figure 1 - Duval County Public Schools - Nine Elementary School Concurrency Service Areas (CSAs)

Figure 2 - Duval County Public Schools - Eight Middle School Concurrency Service Areas (CSAs)

Figure 3 - Duval County Public Schools - Nine High School Concurrency Service Areas (CSAs)

(b)

The following CSAs are considered adjacent to each other:

Elementary and High Schools:

CSA 1 is adjacent to CSA 2, 7, 8, and 9

CSA 2 is adjacent to CSA 1, 8, and 9

CSA 3 is adjacent to CSA 4, 5, and 9

CSA 4 is adjacent to CSA 3, 5, and 9

CSA 5 is adjacent to CSA 3, 4, 6, and 9

CSA 6 is adjacent to CSA 5 and 9

CSA 7 is adjacent to CSA 1 and 9

CSA 8 is adjacent to CSA 1 and 2

CSA 9 is adjacent to CSA 1, 2, 3, 4, 5, 6, and 7

Middle Schools:

CSA 1 is adjacent to CSA 2, 7, and 8

CSA 2 is adjacent to CSA 1, 7, and 8

CSA 3 is adjacent to CSA 4, 5, and 8

CSA 4 is adjacent to CSA 3, 5, and 8

CSA 5 is adjacent to CSA 3, 4, 6, and 8

CSA 6 is adjacent to CSA 5 and 8

CSA 7 is adjacent to CSA 1 and 2

CSA 8 is adjacent to CSA 1, 2, 3, 4, 5, and 6

(c)

CSAs shall be subsequently modified to maximize available school capacity and make efficient use of new and existing public school facilities in accordance with the LOS standards set forth in this Part 4, taking into consideration the following criteria:

(1)

Maximization of school facilities

(2)

Minimize transportation costs

(3)

Limiting student travel time

(4)

Requirements of court-approved desegregation plans

(5)

Achieving socioeconomic, racial, and cultural diversity objectives

(6)

Recognizing capacity commitments resulting from local governments' development approvals for the CSA and contiguous CSAs.

(d)

If there is a consensus to amend the CSAs, it shall be accomplished by the execution of an amendment to the adopted Interlocal Agreement relating to schools, adoption of necessary amendments to each local governments' comprehensive plan, and an amendment to this Part 4, following an advisory review by the ILA Team and the Joint Planning Committee. The amended CSAs shall not be effective until the amended Interlocal Agreement relating to schools is fully executed, amendments to the local government comprehensive plans are adopted, and amendments to this Part 4 are adopted.

(Ord. 2007-1146-E, § 2; Ord. 2022-909-E, §§ 5, 6)

Sec. 655.407. - Levels of Service; DCPS Five Year Capital Facilities Plan; DCPS Long Range Capital Improvements Plan.

(a)

The uniform LOS standards for all public schools including magnets and all instructional facility types shall be 105% of the permanent Florida Inventory of School House (FISH) capacity plus portables, based on the utilization rate as established by the SREF.

(b)

The designated middle schools in CSA 5 shall be identified as backlogged facilities and an interim level of standard within CSA 5 shall be 115% until January 1, 2018, after which the uniform LOS standard shall apply.

(c)

The implementation of long term concurrency management shall be monitored to evaluate the effectiveness of the implemented improvements and strategies toward improving the level of service standards for middle schools in CSA 5 over the 10-year period.

(d)

The City shall adopt DCPS Long Range Capital Improvements Plan as the 10-year long-term schedule of improvements for the purpose of correcting existing deficiencies and setting priorities for addressing backlogged facilities within CSA 5. The long-term schedule shall include capital improvements and revenues sufficient to meet the anticipated demands for backlogged facilities within the 10-year period. The long-term schedule shall improve interim level of service standards for backlogged facilities and ensure uniform LOS is achieved by 2018. The long-term schedule shall be updated by December 1st of each year, in conjunction with the annual update to the DCPS Five-Year Capital Facilities Plan and the City's Capital Improvements Element.

(e)

The City's strategy, in coordination with DCPS, for correcting existing deficiencies and addressing future needs includes:

(1)

Implementation of a financially feasible Five Year Capital Facilities Plan to ensure level of service standards are achieved and maintained;

(2)

Implementation of interim level of service standards within designated concurrency service areas with identified backlogged facilities in conjunction with a long-term (10-year) schedule of improvements to correct deficiencies and improve level of service standards to the district-wide standards;

(3)

Identification of adequate sites for funded and planned schools; and

(4)

The expansion of revenues for school construction.

(f)

If there is a consensus to amend the LOS, it shall be accomplished by the execution of an amendment to the adopted Interlocal Agreement relating to schools, adoption of necessary amendments to each local governments' comprehensive plan, and an amendment to this Part 4, following an advisory review by the ILA Team and the Joint Planning Committee. The amended LOS shall not be effective until the amended Interlocal Agreement relating to schools is fully executed, amendments to the local government comprehensive plans are adopted, and amendments to this Part 4 are adopted. No LOS shall be amended without showing that the LOS is financially feasible.

(Ord. 2007-1146-E, § 2)

Sec. 655.408. - Public School Concurrency Testing.

(a)

The uniform methodology for determining whether capacity is available shall be determined by the DCPS and adopted into the City's Public School Facilities Element. Capacity is defined as:

(1)

Number of total student stations, which is permanent Florida Inventory of School Houses (FISH); plus portables, and

(2)

Proposed changes to permanent FISH capacity as a result of construction, rehabilitation, or other changes in school capacity which will commence in the first three (3) years of the Five-Year Capital Facilities Plan.

(b)

The following steps shall be used for school concurrency testing:

(1)

Is there current capacity in the CSA and adjacent CSAs?

(2)

Will adequate facilities be in place or under actual construction within 3 years after the issuance of final subdivision or site plan approval?

(3)

Are there facilities in the approved CIE scheduled for construction in year 4 or later of the CIE that can be accelerated into the first 3 years of the CIE, and the developer is willing to enter into a binding, financially guaranteed Agreement with the school district to construct the accelerated facility within the first three years, and the cost of the facility is equal to or greater than the development's proportionate share?

(4)

Are there capacity improvements in the five-year CIE to provide an adequate facility to satisfy the demands created by the development, and the developer is willing to pay a proportionate share mitigation contribution?

(5)

What other mitigation can be worked out?

(c)

Following an advisory review by the Joint Planning Committee and the ILA Team, the assumptions for the formula within the methodology shall be revisited and updated annually by the City and DCPS to address changing circumstances, including inflation, construction and land costs, and policy issues including the magnet and private school systems.

(Ord. 2007-1146-E, § 2)

Sec. 655.409. - Available Capacity Determination.

In evaluating a proposed residential development for concurrency, any relevant improvements which are committed or planned in the Five-Year Capital Facilities Plan and the Capital Improvement Plan, shall be considered available capacity for the project and factored into the level of service analysis. Any relevant improvements which will commence construction after the 3rd year of the Five-Year Capital Facilities Plan shall not be considered available capacity for the project unless either:

(i)

Funding to accelerate the improvement into the first three years is assured through DCPS;

(ii)

Funding for the improvements which are scheduled to commence in years four or five is provided through proportionate share mitigation;

(iii)

The developer agrees to accelerate the construction of the facility so as to commence within the first three years; or

(iv)

Some other means.

Also, any projected reduction in the number of students enrolled in the CSA or adjacent CSA will be considered as additional available capacity. The City shall not deny an application for site plan, final subdivision approval, or the functional equivalent for a development or phase of a development authorizing residential development for exceeding the adopted level of service, where adequate school facilities will be in place or under construction within three years after the issuance of final subdivision or site plan approval, or the functional equivalent.

(Ord. 2007-1146-E, § 2)

Sec. 655.410. - Non-mitigation/Capacity Reservation Development Agreements permitted.

An applicant who has reached the maximum number of extensions for a CCAS or CRC may continue to reserve the public school facility capacity reserved by such CCAS or CRC by entering into a non-mitigation capacity reservation Development Agreement pursuant to Chapter 655, Part 2; provided, however, that the following limitations apply:

(a)

The term of a Development Agreement entered pursuant to this subsection shall be negotiated by the applicant, the City, and DCPS; and

(b)

Any Development Agreement approved by the City pursuant to this subsection shall not become effective unless and until approved by DCPS.

(Ord. 2007-1146-E, § 2)

Sec. 655.411. - School Concurrency Determination.

To determine school concurrency, the following analysis shall apply:

(a)

If adequate facilities to serve the development are currently in place, or the applicable Capital Improvement Plan demonstrates that adequate facilities to serve the development will be in place or under actual construction in the applicable CSA or adjacent CSAs within three years after the issuance of final subdivision or site plan approval, then school concurrency will be deemed satisfied as long as the applicant has applied for and received a CCAS/CRC or has entered into a non-mitigation capacity reservation Development Agreement pursuant to Section 655.410; or

(b)

If facilities in the approved CIE scheduled for construction in year 4 or later of the CIE are accelerated into the first 3 years of the CIE, and the developer is willing to enter into a Mitigation Agreement as provided herein to construct the accelerated facility within the first 3 years, and the cost of the facility is equal to or greater than the development's proportionate share, then school concurrency will be deemed satisfied; or

(c)

If capacity improvements in the applicable five year Capital Improvement Plan would provide adequate facilities to satisfy the demands created by the development, school concurrency will be deemed satisfied pursuant to subsections 163.3180(13)(e) and 163.3180(13)(e)3, Florida Statutes, provided that: (i) those improvements are scheduled for years four and five of the Capital Improvement Plan; (ii) the developer is willing to pay a proportionate share mitigation contribution as defined herein; and (iii) the developer executes a Mitigation Agreement as provided herein; or

(d)

If approval of the development order is conditioned upon phasing the project's impacts, then development orders shall be delayed to a date when capacity enhancement and LOS can be assured; or

(e)

Other acceptable mitigation is adopted by a Mitigation Agreement as provided herein, including additions to the Capital Improvement Plan.

(Ord. 2007-1146-E, § 2)

Sec. 655.412. - Mitigation Options.

Mitigation shall be allowed where feasible, as identified in Section 655.411 above. The applicant shall initiate in writing a mitigation negotiation period with the DCPS and the City in order to establish an acceptable form of mitigation. Mitigation shall be negotiated and agreed to by the DCPS and the City and shall be sufficient to offset the demand for public school facilities projected to be required by the development. Proposed mitigation must be directed toward school capacity improvement identified in the DCPS financially feasible Five-Year Capital Facilities Plan, which satisfies the demands created by the proposed development. Relocatable classrooms will not be accepted as mitigation. Mitigation Agreements shall be permitted for a term of up to ten years. Acceptable forms of mitigation shall include but not be limited to:

(a)

The donation, construction, or funding of school facilities sufficient to offset the demand for public schools created by the proposed development under a Mitigation Agreement satisfactory to the DCPS and the City. Improvements to existing schools will only be acceptable if they add student station and associated core space capacity.

(b)

Land acquisition or contribution such as: a developer signs a development Agreement or is subject to a conditional zoning requiring donation of land satisfactory to the DCPS and the City. Land must be demonstrated to contain the minimum number of buildable acres determined by the DCPS as required for a particular school type, as evidenced by a report by a licensed environmental consultant acceptable to the DCPS.

(c)

Expansion of existing permanent school facilities subject to the expansion being consistent with DCPS standards for a school of the same category.

(d)

Establishment of a Charter School with facilities constructed in accordance with the SREF.

(e)

Mitigation banking within designated areas based on the construction of a public school facility in exchange for the right to sell capacity credits. Capacity credits shall be sold to developments within the same CSA or adjacent CSA.

(f)

Project phasing considerations.

(g)

Proportionate Share mitigation subject to Section. 655.413.

(Ord. 2007-1146-E, § 2)

Sec. 655.413. - Proportionate Share Mitigation.

(a)

Methodology. The following methodology shall be used to determine proportionate share within the CSAs:

(1)

The number of proposed housing units, multiplied by the Student Generation Rate by affected school type, multiplied by the Cost per Student Station by affected school type.

(2)

Applicable credits shall be deducted to determine the proportionate share mitigation amount. Applicable credits are:

(i)

City contributions to address co-locations with other public facilities or hurricane shelter provision.

(ii)

Ad Valorem Tax Credits - The present value of 50 percent of that portion of the 2 mils collected by Duval County and distributed. The two mils collected shall be based on the median appraised value per housing unit. The term shall be 25 years. The discount shall be equal to the current rate for DCPS Certificates of Participation (COPs), as of the date of the proportionate share Mitigation Agreement. The result of this present value shall be multiplied by the number of seats mitigated.

(iii)

Residential units existing on the site at the time proportionate share mitigation is proposed, which will be replaced by the proposed project.

(b)

General requirements. Proportionate Share Mitigation Agreements may be for a term up to ten years as permitted by Section 655.412 above and payments shall be due no later than building permit issuance.

(Ord. 2007-1146-E, § 2)

Sec. 655.414. - Adoption of Mitigation Agreements.

Mitigation Agreements, including proportionate share mitigation, shall be approved by the City, by ordinance, with a public hearing before the appropriate committee of reference and executed by the Mayor and Corporation Secretary, and shall be approved by the DCPS as provided by DCPS rule. For the City approval, Mitigation Agreements meeting the following criteria may be executed by the Planning and Development Department Director, after approval by the Office of General Counsel and the Office of the City Council Auditor:

(a)

the Mitigation Agreement is for a monetary contribution less than $100,000, a land donation with a fair market value of less than $100,000, or construction of facilities with a fair market value of less than $100,000.

(Ord. 2007-1146-E, § 2)

Sec. 655.415. - Appeals.

Appeals of any decision or technical determination made by the DCPS shall be pursuant to Section 655.114.

(Ord. 2007-1146-E, § 2)

PART 5. - MOBILITY SYSTEM[3]

Footnotes: --- (3) ---

Editor's note— Ord. 2011-536-E, § 1, amended the Code by repealing former Pt. 5, § 655.501, in its entirety, and adding a new Pt. 5, §§ 655.501—655-512. Former Pt. 5 pertained to industrial uses, and derived from Ord. 2008-343-E. Subsequently, Ord. 2022-909-E, § 7, amended the title of Pt. 5.

Sec. 655.501. - Purpose and declaration of public policy.

In order to adequately and efficiently address the City's mobility needs, in 2011 the City replaced transportation concurrency with the 2030 Mobility Plan. The intent of the 2030 Mobility Plan and its update referenced now as the "Mobility System" in the current Comprehensive Plan was to replace the transportation concurrency management system with a holistic mobility approach that applies a fee system to new development based upon the link between land development and transportation and to provide a predictable and balanced system. The purpose of this Part 5 of Chapter 655 was and is to establish the process necessary to implement the former 2030 Mobility Plan and now the "Mobility System".

(Ord. 2011-536-E, § 1; Ord. 2022-909-E, § 7)

Sec. 655.502. - Definitions.

For the purposes of this Part, the following terms, phrases, words, and their derivations, shall have the meaning contained below, or as referenced within specific Sections. Definitions of a more general nature regarding concurrency and Mobility are contained in Section 655.105 (Definitions).

Division means the Transportation Planning Division of the Planning and Development Department.

DIA means the Downtown Investment Authority of the City of Jacksonville.

Existing Use means the most recent, documented lawful use. Documentation may include Duval County Property Appraiser Tax Record Cards, building permits, demolition permits, advertising (e.g. number of hotel rooms), real estate listings, internet search on business address, phone listings, Sanborn maps, City GIS maps and aerials, Google Earth aerial photos, and other reliable information sources.

ICE means Intersection Control Evaluation as described in the Florida Department of Transportation, ICE Manual.

Inflation Factor means the inflation factor calculated and updated regularly by the FDOT in the most recent version of their Transportation Costs Report.

Mobility fee. See Section 655.105 (Definitions).

Mobility Fee Calculation Certificate ("MFCC") means the official document provided to the owner or developer and kept on file in the CMMS Office memorializing the fee calculated for a development based upon the use(s) proposed and any Trip Reductions that may be applicable. Mobility Fee Calculation Certificates are identified based upon the MFCC application number issued by the CMMSO.

Mobility fee credit means a monetary amount that may be used to offset the cost of a Mobility fee. See Section 655.507, Ordinance Code.

Mobility Zone means a defined geographic area, as depicted in the Transportation and Capital Improvements Elements of the Comprehensive Plan, on line at http://jaxgis.coj.net/landdevelopmentreview/# and in Figure 1 below, that is delineated so that its area is approximately equal to the average trip length of the underlying Development Area.

Figure 1 - Ten Mobility Zones in Duval County

Mode means either Motorized (Corridor or Transit) or Non-motorized (Bike and Pedestrian) manner of travel. The four types of Modes of travel discussed in this Chapter are: (1) Corridor; (2) Bicycle; (3) Pedestrian; and (4) Transit.

Mode, Bicycle means projects that are new standalone bicycle lanes (standard, buffered, protected or off road multiuse paths) or new bicycle signing and pavement markings constructed separate from corridor projects.

Mode, Corridor means road corridor projects that include a wide array of improvements that increase capacity such as by constructing new roads or changing lane configurations, widening an existing road, moving curbs to accommodate bicycle travel, improving access management, upgrading railroad crossings to accommodate all modes, and include intelligent transportation system (ITS) upgrades. Road corridor projects include improved pedestrian and bicycle facilities in accordance with the City of Jacksonville context-sensitive street design standard typical sections.

Mode, Pedestrian means projects that are standalone sidewalks or multiuse paths constructed for pedestrians separate from corridor projects.

Mode, Transit means projects approved by the Jacksonville Transportation Authority to include mobility hubs, ferry terminal multimodal connectivity enhancements, bus rapid transit infrastructure such as corridor ITS upgrades and new lane assignments for buses. Transit projects refer to infrastructure capacity only and do not include buses or bus operations.

MSP means a Mobility System Project identified in the Capital Improvements Element of the Comprehensive Plan for either Motorized or Non-motorized Modes of transportation.

PMP means a Proposed Mobility Project that is a multi-modal transportation improvement that is not an MSP, but that meets the criteria for the proposed Mode pursuant to Section 655.507, Ordinance Code and eligible for Mobility fee credit.

SCA means Safety Concern Area, which is based upon the previous three years of locations of concentrated severe and fatal collisions. SCA maps are available on the Transportation Planning Division of the Planning and Development Department's website.

Transit facility means those modes of public mass transportation operated by the Jacksonville Transportation Authority.

Transit Oriented Development or TOD, pursuant to the Comprehensive Plan, means a mixed-use medium to high density development in areas served or planned to be served by mass transit. Sites located within ½ mile distance from the Jacksonville Transit Authority's (JTA) planned Rapid Transit System (RTS); located in close proximity to a road classified as an arterial or higher on the Functional Highway Classification Map; and supplied with full urban services are presumed to be appropriate for TOD, subject to a case-by-case review of consistency with State and regional plans, the Comprehensive Plan, and adopted neighborhood plans and studies. To be considered a TOD, a site will generally need to be compact and connected, as defined in the Transportation Element, and as otherwise defined in the current Comprehensive Plan.

Trip Reduction means a reduction in gross vehicle trips generated by a development based upon internal capture, pass-by, diverted link, Transit Oriented Development, transit stop proximity, as described in the CMMS Handbook, and/or the elimination of an Existing Use, as described in Sec. 655.503, Ordinance Code.

TRIPS means the Targeted Roadway Improvements for Pedestrian Safety including the pedestrian safety and/or access improvements as listed in the Handbook.

V/C ratio means the volume of vehicles on the roadway compared to the maximum service volume of the roadway.

VMT means Vehicle Miles Traveled.

(Ord. 2011-536-E, § 1; Ord. 2022-909-E, § 7)

Sec. 655.503. - Mobility fee requirement, certificate, application process and calculation.

(a)

Mobility fee required. Unless a fair share assessment payment is made per Section 655.301, Ordinance Code, or a development is deemed de minimis, per Section 655.108, or exempt per Section 655.109, or Section 655.510, the Mobility fee must be paid prior to approval of final construction and/or engineering plans under Chapter 320, Ordinance Code or building permits for single family residential construction.

Additionally, any landowner or developer who otherwise would be required to construct a sidewalk within the right-of-way along its property frontage but for the off-site sidewalk having been constructed by a previous developer pursuant to Section 2.2.2(5) of the Land Development Procedures Manual (and for which Mobility fee credit was given to the previous developer pursuant to this Chapter), the current developer shall pay a reimbursement to the Mobility fund from which the credit was generated, in the dollar amount of the credit given to the previous developer. The fee shall be paid by the developer by separate check and the CMMSO shall deposit it into the Mobility Fee Special Revenue Fund or Funds for the applicable Mobility Zone or Zones, in addition to the required Mobility fee.

(b)

Mobility fee calculation application and fee. An applicant for a Mobility Fee Calculation Certificate shall file a completed application with the CMMSO on the form provided by that office. The applicant shall provide all the information requested on the application, to the extent applicable. The application shall be accepted by the CMMSO only if the application is completed in full and submitted with all supplementary information required. Upon the payment to the Tax Collector of the application fee, copies of the application shall be transmitted immediately to the Division. The fees noted above can be found electronically on the following City of Jacksonville webpage: www.coj.net/fees.

(c)

Department sufficiency review. If the Department determines that the information contained in the Mobility Fee Calculation Certificate application is insufficient to review the application, then the Department, within five days of its receipt of the application shall notify the applicant of such insufficiencies. The applicant shall then have ten days from the date of such notification to remedy the application's insufficiencies. This time period may be extended by the CMMSO based upon a showing of good cause. Any notification by the Department that the application is insufficient automatically tolls the applicable review period. Upon the Department's receipt of the necessary information to make the application sufficient, the review period begins again at the point at which it was tolled.

(d)

Issuance of Mobility Fee Calculation Certificate. The Mobility Fee Calculation Certificate shall be issued by the CMMSO within 14 days from the date the application is accepted and deemed sufficient by the Department, unless the application for a Mobility Fee Calculation Certificate was submitted with an application for a CCAS for the development, per Section 655.111, or a CCAS application for the development has been pending with CMMSO for less than 31 days. If the application for a Mobility Fee Calculation Certificate was submitted with a CCAS application for the development or a CCAS application for the development has been pending with CMMSO for less than 31 days, then the Mobility Fee Calculation Certificate will be issued when the written decision concerning the CCAS for the development is issued.

(e)

Mobility fee calculation. For the purpose of calculating a Mobility fee, the following formula shall apply:

Mobility Fee = A × B × C × D

where

A = Cost per VMT/Mobility Zone

B = Average length of VMT per Development Area;

C = Net new Daily Vehicle Trips; and

D = Internal VMT factor to cover the number of trips that have both a start and stop within Jacksonville.

An automated Mobility fee calculator is available for a Mobility fee estimate on the CMMSO website. This is only an estimate and does not take the place of a Mobility Fee Calculation Certificate.

(1)

Cost per VMT. The cost per VMT is determined by dividing the cost of the Mobility System Projects in the applicable Mobility Zone identified in the Capital Improvement Element of the Comprehensive Plan by the projected change in VMT between the base year and the future year as set forth in the most recent Mobility System evaluation. The cost of the VMT varies with the Mobility Zone and is rationally based upon the cost of identified projects for each Mode within each Mobility Zone. The cost of the VMT shall be administratively adjusted annually on October 1, based upon the published FDOT, Office of Policy Planning Highway Construction Cost Inflation Factor plus a 0.5 percent administrative fee. The annually administratively updated VMT costs are found in www.coj.net/fees. The data and analysis forming the basis of the costs may also be found in the Mobility Plan and Fee Update produced by Resource Systems Group, Inc., dated December 2020. The year 2023 fees are shown in the Table below. This cost, with the addition of the Inflation Factor and administrative fee per year, is used as "A" in the Mobility fee formula stated above (A × B × C × D).

2023 COST PER VEHICLE MILE TRAVELED (VMT)

EXPAND Mobility Zone Cost per VMT 1 $ 75.62 2 $ 58.63 3 $ 82.02 4 $ 79.07 5 $ 79.95 6 $ 83.37 7 $ 41.00 8 $ 44.39 9 $ 39.97 10 $ 33.09

(2)

Average length of VMT is shown in the table below for each of the five Development Areas. This is "B" in the Mobility fee calculation above.

AVERAGE LENGTH OF VEHICLE MILE TRAVELED PER DEVELOPMENT AREA

EXPAND Development Area 2045 Average Trip Length in Miles 1. Central Business District 5.70 2. Urban Priority Area 4.75 3. Urban 4.90 4. Suburban 5.21 5. Rural 7.71

(3)

Net new Daily Vehicle Trips and Trip Reduction Adjustments. Together, the Development Daily Vehicle Trips adjusted by the Trip Reductions available make up the "net new" Development Daily Vehicle Trips, which is "C" in the Mobility fee formula above.

(A)

Development Daily Vehicle Trips. Unless there is a special trip generation study approved by the Planning and Development Department, the Institute of Transportation Engineers (ITE) most recent edition of "Trip Generation" shall be utilized to determine Development Daily Vehicle Trips.

(B)

Trip Reduction Adjustments.

(i)

The Development Daily Vehicle Trips generated shall be reduced using the Trip Reduction criteria found in Section 5 of the CMMS Handbook for internal capture, pass-by, diverted link, TOD, and transit stop proximity.

(ii)

Excluding the area of Downtown (Mobility Zone 10) as defined in Section 656.361.2, Ordinance Code, Development Daily Vehicle Trips generated shall also be reduced by the number of Development Daily Vehicle Trips generated by the Existing Use on the property. These reductions are non-transferable and may only be used on the development site from which the Trip Reductions have been generated.

(a)

If an Existing Use structure is reoccupied, or not substantially repurposed, remodeled, or renovated, then 100 percent of the number of trips that would have been generated by the Existing Use shall be subtracted from the Development Daily Vehicle Trips calculated for a proposed development that includes that Existing Use parcel.

(b)

If a non-historic Existing Use structure is demolished, or if an Existing Use structure was demolished prior to the year 2021, then 125 percent of the trips that were associated with that Existing Use shall be subtracted from the Development Daily Vehicle Trips calculated for a proposed development that includes that Existing Use parcel.

(c)

If an Existing Use structure is substantially repurposed, remodeled, or renovated, then 150 percent of the trips that were associated with that Existing Use shall be subtracted from the Development Daily Vehicle Trips calculated for a proposed development that includes that Existing Use parcel. For the purposes of this Section, "substantially repurposed, remodeled, or renovated" means that the existing development is being expanded or renovated for a value equal to 50 percent or more of the assessed value of the combined lot improvements on that parcel or parcels, according to the Property Appraiser.

(4)

Internal VMT factor to cover the number of trips that have both a start and stop within Jacksonville. This is "D" in the Mobility fee formula above. In order to prevent double counting of Trips, these internal factors are applied based on the Mobility Zone.

The internal VMT factor is a weighted factor based on the number of trips and resulting VMT that remains internal to the City versus the share that is associated with trips and VMT outside of the City (as modeled in NERPM). The internal VMT is shown in the Table below.

INTERNAL VMT FACTORS, BY ZONE

EXPAND Mobility Zone Internal VMT Factors 1 0.61 2 0.54 3 0.56 4 0.58 5 0.57 6 0.61 7 0.58 8 0.54 9 0.55 10 0.56

(5)

Developments with multiple uses. If there are multiple uses in a development, the MFCC should be obtained when a building permit is sought for each structure. Thus, there is flexibility to change uses within the development. Changes in use will be calculated at the time of issuance of each MFCC. If internal capture is sought to be utilized for Trip Reduction, that benefit will be realized only after the required mix of uses is attained.

(f)

Apportionment of Mobility fee. The following chart indicates the Mobility fee apportionment in the Special Revenue Funds between Motorized and Non-Motorized Modes for each Mobility Zone. Upon payment by a landowner/developer, the City will apportion a Mobility fee payment consistent with the below chart. These percentages are also found in Section 111.546, Ordinance Code (Mobility Fee Zone Special Revenue Fund). However, with regard to payment into a Mobility Zone or Zones Special Revenue Fund for a sidewalk that has been provided by previous developers pursuant to Section 655.503(a), said payment by the current developer shall be by separate check or instrument and the entirety shall be deposited into the Non-motorized account for that Zone or Zones. Said payment is in addition to any other Non-motorized fee. EXPAND Mobility Zone Motorized Percentage Non-Motorized Percentage 1 91% 9% 2 93% 7% 3 83% 17% 4 95% 5% 5 88% 12% 6 91% 9% 7 69% 31% 8 84% 16% 9 46% 54% 10 12% 88%

(Ord. 2011-536-E, § 1; Ord. 2017-665-E, § 28; Ord. 2020-757-E, § 1; Ord. 2022-909-E, § 7)

Sec. 655.504. - Re-evaluation of Mobility System.

The Planning and Development Department shall conduct an evaluation of the Mobility System within two years following the adoption of the North Florida TPO's Long Range Transportation Plan (LRTP), but at least once every ten years regardless of receipt of the LRTP. The Department shall adjust the Mobility fee calculation variables discussed in Section 655.503 to be consistent with its findings from each periodic evaluation of the Mobility System.

(Ord. 2011-536-E, § 1; Ord. 2017-794-E, § 2; Ord. 2022-909-E, § 7)

Sec. 655.505. - Deposit of Mobility fees, Mobility Zones; and appropriation of Mobility fees.

Mobility fees received by the City shall be deposited into the Mobility Fee Special Revenue Fund established pursuant to Section 111.546 into Motorized and Non-motorized accounts for each Mobility Zone consistent with Section 655.503(f). If the development is located in more than one Mobility Zone, the Mobility fee may be applied to a Mobility System Project ("MSP") in either Mobility Zone. If all of the MSPs within a Mobility Zone have been funded, an MSP in an adjacent Mobility Zone may be selected based on the recipient MSP's location within the radius of average trip length from the boundaries of the proposed development. The Mobility fees collected in a Mobility Zone shall have a reasonable relationship to the transportation impacts generated by any proposed development and be appropriated for the MSPs identified in the Capital Improvement Element of the Comprehensive Plan for that Mobility Zone, which includes the Motorized and Non-motorized Mode as identified in the MSP List in the Capital Improvement Element of the Comprehensive Plan.

Up to 20 percent of the Mobility fee deposited into a Motorized Mobility Zone account per development may be allocated to improvements at or near the intersection of a city right-of-way or proposed city right-of-way and an MSP on the Motorized Mode project list. It must be demonstrated that this intersection improvement improves safety or increases the service volume of the project identified on the MSP Motorized Mode project list. Funds shall not go towards improvements required as part of a development order.

On or before January 31 and June 30 of each year, the Director shall deliver to the Finance and Transportation, Energy and Utilities Standing Committees of Council, and to the Council Auditors, a report setting forth the current balances in the Mobility Fee Special Revenue Fund applicable to each Mobility Zone account, any projects funded to date in such zone, and their status, and the cost of the priority project for each mode in such zone as identified in the Mobility System.

(Ord. 2011-536-E, § 1; Ord. 2015-425-E, § 2; Ord. 2017-794-E, § 3; Ord. 2019-254-E, § 2; Ord. 2022-909-E, § 7)

Sec. 655.506. - Duration of Mobility Fee Calculation Certificate.

A Mobility fee calculation, contained on the Mobility Fee Calculation Certificate for proposed development of property is valid for one year from the date of issuance.

(Ord. 2011-536-E, § 1; Ord. 2019-254-E, § 2; Ord. 2022-909-E, § 7)

Sec. 655.507. - Mobility fee credit.

(a)

Credit Authorization. A landowner or developer may earn and receive a monetary Mobility fee credit against a required Mobility fee within the same Mobility Zone(s), or an adjacent benefitted Mobility Zone. In order to receive Mobility fee credit, a landowner or developer must design or construct to City standards as they may be amended, or provide the real property needed, for one or more of the following:

(1)

An entire MSP;

(2)

A portion, either physical or financial [4], of an MSP that is provided to logical termini, as determined by the Department in consultation with the City Traffic Engineer; or

(3)

A PMP that is within the same Mobility Zone as the development, or as otherwise set forth in this subpart (a)(3)(E) and (F), and meets the following applicable criteria for the applicable Mode, as determined by the Department, or the Council as advised by the Department, as the case may be, pursuant to this Section. See subsection (f) for approval of PMPs.

(A)

Corridor Mode PMP must:

(i)

Connect two existing collector, or higher functionally classified, roads;

(ii)

Be greater than or equal to one-half mile in length; and

(iii)

Perform as a functionally parallel road to at least one MSP. The PMP must be located within one-half mile of at least one MSP, and must improve the V/C ratio of the MSP(s).

(B)

Transit Mode PMP must:

(i)

Provide an additional needed transit facility as approved by the JTA;

(ii)

Provide the real property required for a needed transit facility as approved by the JTA and the Department; and

(iii)

Be designed and constructed to City and/or JTA standards, as they may be amended.

(C)

DIA PMP must specifically demonstrate consistency with the Community Redevelopment Area ("CRA") Plan, as may be amended, as determined by the DIA CEO or the DIA Board, as the case may be.

(D)

Intersection improvements (non-access related) PMP must:

(i)

Be an improvement to an existing deficient intersection other than that required for the proposed development, anywhere within the Zone, that is designed and constructed to provide safe and adequate access that may include, but is not limited to providing, rights-of-way, easements, paving of adjacent or connecting roadways, auxiliary turn lanes, deceleration and acceleration lanes, traffic control devices, signage and pavement markings, pedestrian signals, ADA improvements, or needed drainage and utilities; and

(ii)

Be approved by the agency governing that intersection, which may be subject to Intersection Control Evaluation ("ICE").

(E)

Pedestrian Mode PMP may either:

(i)

Connect two existing sidewalks or multi-use paths; or

(ii)

Connect to and complement other available Pedestrian Mode facilities, including transit access, within or adjacent to the Mobility Zone; or

(iii)

Be on the list of Targeted Roadway Improvements for Pedestrian Safety ("TRIPS") or similar types of Improvements as determined by the Department.

(F)

Bicycle Mode PMP may either:

(i)

Connect two existing bicycle facilities as defined in the Land Development Procedures Manual or multi-use paths; or

(ii)

Connect to and complement other available Bicycle Mode facilities, including transit access, within or adjacent to the proposed development's Mobility Zone.

(4)

For sidewalks not identified as an MSP on the Non-motorized standalone pedestrian projects list but which were required by the City beyond the property frontage (off-site) pursuant to Section 2.2.2(5) of the Land Development Procedures Manual.

(5)

The conveyance of an interest in real property that is necessary for an MSP or a PMP. The conveyance does not have to be associated with a current development if it is for an MSP, however, it must be commensurate with the construction of a PMP.

(6)

Credit is not authorized for any mobility improvement, or real property associated with an improvement, that is:

(A)

Required for a development's minimum transportation and traffic operation or circulation, including for bike and pedestrian movement; or

(B)

An interest in real estate conveyed for a PMP without the corresponding PMP construction; or

(C)

Dedication of right-of-way, not associated with an MSP or PMP.

(b)

Calculation of Mobility Fee Credit. The credit authorized for an MSP or a PMP shall be calculated as a monetary figure using the most recent cost estimate information issued by the Florida Department of Transportation, Office of Policy Planning regarding generic construction Cost Per Mile Models. The cost estimates for facilities and/or projects not identified in such FDOT cost estimates shall be prepared by the developer. All estimates must be reviewed and approved by the Department of Public Works as being reflective of the fair market value of the improvement prior to the approval of any credit.

Credit authorized shall be calculated as follows:

(1)

Credit shall be provided at 120 percent of cost for the design, permitting, and construction of an entire MSP as it is shown on the list in the CIE.

(2)

Credit for the design, permitting, and construction of less than an entire MSP may be provided at 100 percent if that project is provided to logical termini as determined by the Department in consultation with the City Traffic Engineer.

(3)

The credit authorized for conveying, at no cost to the City, an interest in real property for an MSP or a PMP as authorized in subsection (a) above, shall be equal to the value approved by the Department of Public Works, Division of Real Estate. For purposes of the appraisal assignment, the Department of Public Works shall be the client of the appraiser, but the cost of the appraisal shall be borne by the entity proposing to provide the real property. Depending on the assessed value of the land, the City may require more than one appraisal. "At no cost to the City" means that the conveyor will pay for all due diligence costs for the transaction.

(4)

If a landowner or developer constructs a PMP identified by the City Traffic Engineer as needed to improve safety within a Safety Concern Area in their Mobility Zone, then that safety improvement shall receive a credit at 120 percent of the cost of the improvement.

(5)

A Corridor Mode PMP shall receive credit subject to approval by the Department in consultation with the City Traffic Engineer of a traffic study, as supplied by the landowner or developer, which shows that the PMP will:

(A)

Perform as a functionally parallel road to at least one MSP;

(B)

Is located within one-half mile of at least one MSP; and

(C)

Improves the V/C ratio of the MSP(s).

The credit allowed shall be equal to the percentage of the improvement of the V/C ratio of the MSP, up to a maximum of 50 percent as applied to the cost of the PMP. By example, if the MSP V/C ratio is 1.2 (120 percent of the daily service volume of the road) and the PMP improves the MSP by relieving ten percent of the volume such that the MSP is now only 110 percent of the daily service volume, then the credit to the PMP would be ten percent of the cost of the PMP.

(6)

A Transit Mode PMP shall receive credit for the cost of the Transit Mode PMP.

(7)

A DIA PMP shall receive credit for the cost of the DIA PMP.

(8)

An intersection improvement (non-access related) PMP shall receive 100 percent credit unless it is identified as needed to improve conditions in a Safety Concern Area. If it is in a Safety Concern Area, the PMP may receive up to 120 percent of the cost of the PMP as credit.

(9)

A Pedestrian or Bicycle Mode PMP shall receive 100 percent credit for the cost of the improvement.

(10)

As authorized in Section 655.507(a)(4), sidewalks not identified as an MSP for bicycle and pedestrian mode(s), but that were required by the City beyond the property frontage (off-site) pursuant to Section 2.2.2(5) of the Land Development Procedures Manual, may receive Mobility fee credit on the basis of the actual cost to construct such off-site sidewalk.

(c)

Timing of Mobility Fee Credit. The costs shall be deemed incurred and credit shall be provided pursuant to this section when:

(1)

A contract for the construction of the MSP or PMP is awarded, and a payment and performance bond, or other form of security approved by the Office of General Counsel, is provided to the City, as co-obligee, to guarantee the funding of the facilities and/or projects.

(2)

The conveyance to the City, at no cost to the City, of the real property interest deemed by the City to be necessary for the construction of an MSP, or authorized PMP, has been completed. "At no cost to the City" means that the conveyor will pay for all due diligence costs for the transaction.

(d)

Transfer of Mobility Fee Credit. Credit for an MSP may be transferred to other landowners or developers to be used in lieu of payment of a Mobility fee to another project within the same Mobility Zone. Credit may be transferred to an adjoining Mobility zone if it can be shown that the improvement provided a benefit to that adjacent Mobility Zone, based on the proportional benefit. A landowner or developer who receives credit that has been transferred through the CMMSO from another project within the same Mobility Zone shall receive the full amount of the transferred credit.

(e)

Departmental review.

(1)

The design of MSPs and PMPs shall be approved, in writing, by both the Public Works Department and the Planning and Development Department.

(2)

After construction of the MSP or PMP, the City Engineer shall verify that the project is complete and to the standards and specifications of the City of Jacksonville.

(3)

For an interest in real estate proposed to be conveyed, at no cost to the City, for an authorized MSP or PMP, the City Engineer shall determine if the conveyance will meet the real estate needs for the applicable project. Within 14 days of request by the Department, the Real Estate Division shall provide a written memorandum, which shall become a part of the file as to its analysis recommending either approval or denial of the appraisal to the Planning and Development Department.

(f)

Approval of PMPs.

(1)

Within the City, outside of the DIA jurisdiction of downtown: approval for providing a PMP as approved by the Department in consultation with the City Engineer, shall be as follows:

(A)

Up to and including $500,000 in estimated cost may be administratively approved by the Director.

(B)

PMPs with an estimated cost over $500,000 must be approved by the City Council.

(2)

Within the DIA jurisdiction: approval for providing a PMP, as approved by the Department in consultation with the City Engineer, shall be as follows:

(A)

Up to and including $500,000 in estimated cost, the DIA CEO may make the CRA Plan consistency determination for the project, and the PMP may be administratively approved by the Director.

(B)

For PMPs with an estimated cost over $500,000, the DIA Board must make the CRA Plan consistency determination for the project, and the PMP must be approved by the City Council.

(3)

The ability to receive credit for conveyance of property and/or construction of improvements as anticipated as of April 1, 2022 in the Transportation Management Area, or Comprehensive Plan Policies relating to Multi-Use (MU) categories/properties, will continue to be recognized.

(4)

For PMPs requiring City Council approval, the Office of General Counsel shall prepare the legislation requesting approval and said legislation shall be introduced by the standing committee of the Council that handles transportation items, which shall be the Committee of Reference.

(5)

Decisions of the Director or the DIA shall be appealable to the City Council through the process as outlined in Section 655.114, Ordinance Code (Appeals).

(Ord. 2022-909-E, §§ 8, 9)

Editor's note— Ord. 2022-909-E, §§ 8 and 9, amended the Code by repealing former § 655.507 and adding a new § 655.507. Former § 655.507 pertained to transportation improvement projects constructed by a landowner or developer, and derived from Ord. 2011-536-E, § 1; Ord. 2013-761-E, § 1; and Ord. 2019-292-E, § 1.

Footnotes: --- (4) ---

A "financial" portion of an MSP would occur when the landowner/developer works to assemble partners, such as FDOT, to contribute to the funding for the construction of the entire MSP. This allows the 120% incentive on the portion of the funding contributed by the landowner/developer. Credit is booked as stated in subsection (c) (Timing of Mobility Fee Credit).

Sec. 655.508. - Memorialization of Mobility fee, credit, and Trip Reduction.

Mobility fees required for a development are calculated based upon the use(s) proposed and any Trip Reductions that may be applied and are memorialized in the Mobility Fee Calculation Certificate ("MFCC"). Thus, the additional documentation and memorialization through a Mobility Fee Contract, Mobility Fee Letter, or Mobility Fee Credit Letter, is not required but may be desired and obtained by a developer or landowner by applying to the Department and payment of the applicable fee as shown on the www.coj.net/fees webpage. Contracts should only be utilized when both the City and the landowner or developer are required to perform duties.

Applications for memorialization can be found online in the CMMS Handbook. The CMMSO shall review submitted applications for sufficiency and upon finding the application sufficient, deliver the application fee, as found in www.coj.net/fees, to the Tax Collector and transmit the application to the Division for review. The Division shall forward the contract to the Director for review, approval and execution.

After the Director has executed the Mobility memorialization the landowner or developer may record a copy in the public records.

Memorialization may be provided for any or all of the following: Mobility fees; Mobility fee credits pursuant to Section 655.507(a); and Trip Reductions pursuant to Section 655.503(e)(4) and the criteria and calculations in the CMMS Handbook.

(a)

Memorialization of Mobility fee. A Mobility fee memorialization may be administratively provided by the Department for a period of up to ten years subject to the FDOT Inflation Factor ("Mobility Fee Letter"). The purpose of this is to provide certainty to a developer that the impacts of their development on the City's transportation system will be mitigated for with the payment as defined in the memorialization. As with the MFCC, the fee shall be based upon a certain parcel of land, and certain uses utilizing the Institute of Transportation Engineers ("ITE") most recent Trip Generation Manual.

The Mobility Fee Letter provided by the Department shall have attached the legal description and boundary sketch of the property, and the ITE Codes for the specific uses on the property. If the Mobility fee is calculated using Trip Reductions for internal capture an exhibit showing the site development plan for the land subject to the Mobility fee is required. The benefit of Trip Reduction shall only be realized once the required mix of uses is attained.

(b)

Memorialization of Mobility fee credit. Mobility fee credit for an MSP or PMP, as authorized pursuant to Section 655.507, may be through a letter or a contract. Whether a letter or a contract is utilized, it shall contain the information required to convey the design and extent of the project or proposal, and the Executive Summary of the appraisal(s) utilized to ascertain the value of any real estate interest conveyed as part of the MSP or PMP. A PMP proposal must also show the development that is generating the request for the PMP.

(i)

A "Mobility Fee Credit Letter" is appropriate for memorialization of the design and cost for an MSP or PMP and for the approval of the appraised value of the authorized real estate interest related to the MSP or PMP.

(ii)

A "Mobility Fee Contract" is required only in circumstances where the landowner or developer is required to perform certain duties as part of the Mobility fee credit. All Mobility Fee Contracts for credit require approval by the City Council.

(c)

Memorialization of Trip Reductions. A "Mobility Trip Reduction Letter" is appropriate to memorialize the trips associated with an Existing Use pursuant to Section 655.503(e)(4). "Existing Use" is defined in Section 655.105. Reductions for an Existing Use qualify for Trip Reductions only for the development site that contains the parcel where the Existing Use was located, and of which the Existing Use parcel is now a part. If immediate development is intended, the Trip Reductions related to the Existing Use may be memorialized in the MFCC with no need for a Trip Reduction Letter.

(Ord. 2022-909-E, §§ 8, 9)

Editor's note— Ord. 2022-909-E, §§ 8 and 9, amended the Code by repealing former § 655.508 and adding a new § 655.508. Former § 655.508 pertained to mobility fee contracts, and derived from Ord. 2011-536-E, § 1; Ord. 2013-761-E, § 2; and Ord. 2017-665-E, § 28.

Sec. 655.509. - Mobility System Working Group.

The Department shall evaluate the Mobility System and this Chapter with respect to the implementation of the Mobility System, within two years following the adoption of the North Florida TPO's Long Range Transportation Plan ("LRTP"), but at least once every ten years regardless of receipt of the LRTP, and shall update the Mobility System as provided in Section 655.504. The Department shall conduct an analysis and present recommendations of appropriate amendments to the Mobility System and this Chapter to the Mobility System Working Group. The Mobility System Working Group shall be comprised of seven members, with one City Council member appointed by the City Council President, two lay citizens appointed by the City Council President, three lay members appointed by the Mayor, and one lay member appointed jointly by the Mayor and the City Council President. The lay member appointed jointly by the Mayor and the City Council President shall serve as the Chair of the Mobility System Working Group. The Mobility System Working Group shall also elect a Vice-Chair from among its membership. The Department shall provide the Mayor and the Council with recommendations approved by the Mobility System Working Group for action by the legislative and executive branches of government within 90 days after the approval. Such 90-day time period may be extended administratively by the Director for good cause shown. All members shall serve until the City Council takes final action on the recommendations. Unless otherwise set forth herein, the Mobility System Working Group shall be subject to Chapter 50, Ordinance Code.

(Ord. 2011-536-E, § 1; Ord. 2022-909-E, § 7)

Sec. 655.510. - Private primary and secondary educational schools exemption.

Private primary and secondary educational schools, that have been accredited by the Florida Department of Education, including any on-site ancillary facilities, shall be exempt from the payment of the Mobility fee and the requirements of this Part. See Section 655.109(f), Ordinance Code.

(Ord. 2011-536-E, § 1; Ord. 2022-909-E, § 7)

Sec. 655.511. - Reserved.

Editor's note— Ord. 2022-909-E, § 10, amended the Code by repealing former 655.511, which pertained to credit for trip reduction adjustments, and derived from Ord. 2011-536-E, § 1.

Sec. 655.512. - Outstanding development agreement or fair share assessment contract obligations.

A landowner or developer who has a delinquent or past due obligation set forth in a development agreement or fair share assessment contract, shall satisfy such obligation or cancel the development agreement, pursuant to Section 655.205, Ordinance Code, or fair share assessment contract, pursuant to Section 655.301, Ordinance Code, prior to being able to develop property pursuant to this Part.

(Ord. 2011-536-E, § 1)

Sec. 654.143. - Written decisions, interpretations and appeals. Chapter 656 - ZONING CODE