Placement: Second Reading of Ordinances / Public Hearing
Action Requested: Motion / Vote
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Ordinance 22-87, Public Hearing, Amending the City’s Mobility Plan and Mobility Fee and Providing for an Update to the Technical Report.
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Submitted By: Laura H. Dodd, AICP, Senior-Transportation Planner
Strategic Plan Link: The City's Goal of high-quality infrastructure and facilities.
Executive Summary (General Business): The purpose of the amendment to the City’s Mobility Plan and Mobility Fee is to implement the terms of the interlocal agreement that the City and County entered into on April 19, 2022, and to provide several updates that have resulted in changes to the calculation of the Mobility Fee Schedule and changes to the Mobility Plan that include a new process for addressing existing Road Impact Fee credits and future Mobility Fee credits.
Presentation Information: 1 hour; Jonathan B. Paul, AICP (NUE Urban Concepts)
Staff Recommendation: Move that the Council approve the ordinance amending the City’s Mobility Plan and Mobility Fee.
Alternate Recommendations:
1. Move that the Council amend the recommendation and approve the ordinance amending the City’s Mobility Plan and Mobility Fee.
2. Move that the Council not approve and provide staff direction.
Background:
In 2021, the City of Port St. Lucie adopted the Phase One (1) Mobility Plan & Mobility Fee. The Phase One (1) Mobility Plan identified the need for mobility and capacity improvements to be implemented by 2045 within and adjacent to the City. The Phase One (1) Mobility Plan served as the basis to adopt a Mobility Fee and ensured fees paid by new development in the City are expended in a timely manner on mobility improvements identified in the Mobility plan. The Phase One (1) Mobility Plan & Mobility Fee was adopted on October 5th, 2021. The Mobility Fee became effective January 5th, 2022.
The Phase One (1) Mobility Plan identified fifteen (15) corridors east of Interstate 95 that have a projected need to add road capacity through the widening of existing roadways. Council met to discuss these fifteen (15) corridors and provide direction on whether corridors should remain two-lane roads, be widened to two-lane divided roads, or be widened to 4-6 lane roads. In the Summer of 2022, the project team also held two duly notified (2) public meetings and one (1) stakeholder meeting to solicit feedback on the Mobility Plan.
On April 19th 2022, the City entered into an Interlocal Agreement with St. Lucie County, effective June 1st, 2022. In the Interlocal Agreement, the City agreed to collect the currently adopted Mobility Fee at a reduced rate of eighty-five percent (85%), remitting fifteen percent (15%) to the County, and to remove County roads entirely from the Phase Two (2) Mobility Plan & Mobility Fee.
Several meetings have been held between City staff, the City’s consultant and Developers in Port St. Lucie to communicate these proposed changes and solicit feedback. Those conversations are on-going and the lines of communication remain open to Developers regarding the City’s process for updating the Mobility Plan & Mobility Fee. No developer obligated Complete Streets are included in the Mobility Fee calculations to ensure developments constructing the roads are not charged twice for the same improvements and other developments are not charged for Complete Streets constructed by developments.
The Phase Two (2) Mobility Plan will be further refined over the next few months based on additional community feedback and review by City Staff and the City Council. A more detailed background of this process can be found in the Executive Summary of the attached Technical Report.
Issues/Analysis:
The Mobility Fee Schedule and Ordinance is being updated based on the updated Mobility Plan, removal of County road capacity projects as required by the Interlocal Agreement, removal of developer obligations, most recent project cost estimates (overall costs have increased 30%-50%), most recent trip generation data, new Assessment Areas and Benefit Districts that reflect existing City Road Impact Fee agreements and future City Mobility Fee agreements, an Internal Capture reduction for development west of Interstate 95, and updates to the existing funding available. The Mobility Fee update also includes reductions for travel on County Roads, for travel north into unincorporated County, and on Interstate 95 and the Florida Turnpike.
The amendment to the Mobility Fee Ordinance makes changes to the Road Impact Fee / Mobility Fee credit process. Moving forward from adoption of the Phase Two (2) Mobility Plan & Mobility Fee, the City will honor existing City Road Impact Fee Credit (RIFC) agreements. Developers will be given a six (6) month period, from adoption of this Ordinance, to enter into a true-up agreement that determines how much credit the developer currently holds. Developers with City RIFC will pay the old City Road Impact Fee until such time as that credit is exhausted. Once the RIFC is fully exhausted, the Developer will be subject to the City’s Mobility Fee.
Prior to the interlocal agreement, the City was accepting County Road Impact Fee credits to be applied to a portion of the City’s Mobility Fee because the Phase One (1) Mobility Fee had replaced the County’s Road Impact Fee. As a result of the Interlocal Agreement, and removal of County Road capacity projects from the Mobility Plan & Mobility Fee, the City will no longer accept County credits to be applied towards the Mobility Fee unless expressly authorized by the County. The Ordinance does, however, provide a path to credits. Developers may use a portion of their County Road Impact Fee Credits towards the Mobility Fee if the City, County, and Developer enter into a tri-party agreement. The City may also issue Mobility Fee credit at the discretion of the Council if improvements are amended into the Capital Improvements Plan or are in the adopted Mobility Plan.
An updated Mobility Plan & Mobility Fee Ordinance are being presented to the Council to obtain feedback and incorporate any needed amendments to the Mobility Fee calculation and credit process.
Financial Information: n/a
Special Consideration: n/a
Location of Project: Citywide
Attachments:
1. Ordinance amending the Chapter 159
2. Exhibit A to the Ordinance
3. Technical Report
4. Memo: City of Port St. Lucie Credits for Mobility Fees
5. Nue Urban Presentation
NOTE: All of the listed items in the “Attachment” section above are in the custody of the City Clerk. Any item(s) not provided in City Council packets are available upon request from the City Clerk.
Internal Reference Number: 8849
Legal Sufficiency Review:
Reviewed by Margaret M. Carland, Senior Deputy City Attorney. Approved as to Legal form and sufficiency by James D. Stokes, City Attorney.