Loading...
2009-O-06 ORDINANCE NO. 2009-0-06 AN ORDINANCE OF THE CITY OF EDGEWATER AMENDING CHAPTER 21, ARTICLE V (SITE DESIGN CRITERIA) AND ARTICLE XI (CONCURRENCY MANAGEMENT SYSTEM) OF THE LAND DEVELOPMENT CODE RELATING TO TRAFFIC ANANLYSIS AND CONCURRENCY DEMAND METHODOLOGY FOR ROADWAYS BY ADOPTION OF THE METROPOLITAN PLANNING ORGANIZATION'S (MPO) TRAFFIC IMPACT ANALYSIS METHODOLOGY; PROVIDING FOR CONFLICTING PROVISIONS, SEVERABILITY AND APPLICABILITY; AND PROVIDING FOR AN EFFECTIVE DATE, ADOPTION AND CODIFICATION. WHEREAS, Article VIII, Section 2, Constitution of the State of Florida, authorizes the City of Edge water to exercise any power for municipal purposes except as otherwise provided by law; and WHEREAS, Section 163.3202, Florida Statutes, provide that the City of Edgewater shall adopt and enforce land development regulations for the purpose of implementing it comprehensive plan and protecting the public health, safety, and general welfare; and WHEREAS, Section 163.3177, Florida Statutes, reqUIres that all local jurisdictions maintain a concurrency management system for public facilities, including but not limited to transportation, and WHEREAS, an efficient and up-to date transportation impact analysis is necessary to implement a transportation concurrency management system, and WHEREAS, the V olusia County Metropolitan Planning Organization (MPO) is Strike through passages are deleted. Underlined passages are added. #2009-0-06 the duly designated and constituted body responsible for carrymg out the urban transportation planning and programming process for Volusia County, and has been the leader in regional and local transportation coordination; and WHEREAS, the Volusia County Metropolitan Planning Organization (MPO) has developed a mechanism, know as the Traffic Impact Analysis Methodology, to better coordinate and communicate the traffic impacts of development between and among the MPO's member local governments; and WHEREAS, the Volusia County MPO's Traffic Impact Analysis (TIA) Methodology, was developed with full cooperation and input from the member local governments and was adopted by the MPO in May 2007 with the recommendation that member local governments adopt said methodology for the respective jurisdictions; and WHEREAS, all projects submitted by local governments that have not adopted the MPO's TIA Methodology by the time of the adoption of the MPO's 2035 Long Range Transportation Plan, or November 2009, whichever comes first, will be removed from the Project Priority List and will not be included into the MPO's 2035 Long range Transportation Plan; and WHEREAS, the City of Edgewater has complied with all requirements and procedures of Florida law in processing and advertising this Ordinance; and WHEREAS, this Ordinance is consistent with the goals, objectives and policies of the Comprehensive Plan of the City of Edgewater. NOW THERFORE, BE IT ENACTED by the People ofthe City of Edge water, Florida: Strike through passages are deleted. Underlined passages are added. 2 #2009-0-06 PART A. AMEND CHAPTER 21 (LAND DEVELOPMENT CODE BY MODIFYING ARTICLE V (SITE DESIGN CRITERIA) AND ARTICLE XI (CONCURRENCY MANAGEMENT SYSTEM) OF THE CODE OF ORDINANCES, CITY OF EDGEW A TER, FLORIDA. Chapter 21 (Land Development Code) ofthe City of Edge water, Florida is hereby amended by modifying Article V (Site Design Criteria) as set forth in Exhibit "A" Article XI (Concurrency Management System) as set forth in Exhibit "B" which is attached hereto and incorporated herein. PART B. CONFLICTING PROVISIONS All conflicting ordinance and resolutions, or parts thereof, in conflict with this ordinance, are hereby superseded by this ordinance to the extent of such conflict. PART C. SEVERABILITY AND APPLICABILITY If ~ny portion of this ordinance is for any reason held or declared to be unconstitutional, inoperative, or void by a court of competent jurisdiction, such holding shall not affect the remaining portions of this ordinance. If this ordinance or any provision thereof shall be held to be inapplicable to any person, property, or circumstances by a court of competent jurisdiction, such holding shall not affect its applicability to any other person, property, or circumstance. PART D. CODIFICA TION Provision of this ordinance shall be incorporated in the Code of Ordinances ofthe City of Edgewater, Florida, and the "ordinance, may be changed to" section", "article', or other appropriated word, and the sections of this ordinance may be renumbered or relettered to accomplish such intention; provided, however, that Parts B thru F shall not Strike through passages are deleted. Underlined passages are added. 3 #2009-0-06 be codified. PART E. EFFECTIVE DATE This Ordinance shall take place upon adoption. PART F. ADOPTION. During the September 14, 2009 Council meeting, a motion to approve was made by Councilwoman Bennington with Second by Councilwoman Rogers. The vote on the first reading of this ordinance held on September 14, 2009 is as follows: AYE NAY Mayor Mike Thomas ~ Councilwoman Debra J. Rogers x Councilwoman Gigi Bennington ~ Councilwoman Harriet B. Rhodes ~ Councilman Ted Cooper x During the September 28, 2009 Council meeting, a motion to approve was made by lovncd ('/\(lJ\. Q OOpe, with Second byCovnQ iI WCt'/\O.1l ~tYI(lljto.. . The vote on the second reading of this ordinance held on September 28, 2009 is as follows: AYE NAY Mayor Mike Thomas -.L Councilwoman Debra J. Rogers ~ Councilwoman Gigi Bennington ~ Councilwoman Harriet B. Rhodes -L Councilman Ted Cooper ~ Strike through passages are deleted. Underlined passages are added. 4 #2009-0-06 PASSED AND DULY ADOPTED this 28th day of September 2009. ATTEST: ~~ Bonnie Wenzel City Clerk , 'i"}J:j ('/. [/ <;; .,...." '(7 ..:'t' .' . oj ..- -oj _.1 ',n: '.;?' '. . . &f' " . f lr: r ~j \ , \r , r- ~ . " .,..; \' (t '. ..' r . "1" r""', ~ I of"f=' , For the use and reliance only by the City of Edgewater, Florida. Approved as to form and legality by: Carolyn S. Ansay, Esquire City Attorney Doran, Wolfe, Ansay & Kundid Strike through passages are deleted. Underlined passages are added. #2009-0-06 BY:) 11 \ CITY COUNCIL OF THE CITY OFEDGEW ATER, FLORIDA ~~~0i~L) Robin L. Matusick Paralegal Approved by the City Council of the City of Edgewater at a meeting held on this 28th day of September, 2009 under Agenda Item No, 8~. 5 EXHIBIT A ARTICLE V SITE DESIGN CRITERIA SECTION 21-52 - VEHICLE/PEDESTRIAN CIRCULATION REQUIREMENTS 21-52.05 - Street Design Standards a. The arrangement, character, extent, width, grade and location of all new and improved streets shall conform to the adopted Comprehensive Plan now in existence or as may hereafter be adopted and shall be considered in their relation to existing and planned streets, to topographical conditions, to public convenience and safety and in their appropriate relation to the proposed uses of the land to be served by such streets. Where such is not shown in the Comprehensive Plan now in existence or as may hereafter be adopted, the arrangement of streets in a subdivision shall either: 1. Provide for the continuation or appropriate projection of existing major streets in surrounding areas, or 2. Conform to a plan for the neighborhood or be aligned to meet a particular situation where topographical or other conditions make continuance or conformance to existing streets impractical. b. All new streets to be established within a subdivision shall meet the following minimum design standards. 1. Local streets. Local streets shall be laid out so that use by through traffic will be_discouraged. 2. Subdivisions on arterial streets. Where a subdivision abuts or contains an existing or proposed arterial street, the subdivider shall provide reverse frontage lots with a planting screen contained in a non-access reservation along the rear property lines or such other treatment as may be necessary for adequate protection of residential properties and to afford separation of through and local traffic. 3. Intersection designs. Streets shall be laid out and aligned to intersect as nearly as possible at right angles and no street shall intersect at less than sixty (60) degrees. Street jogs and intersections with centerline offsets of less than one hundred fifty feet (150') shall be prohibited. Multiple intersections involving the juncture of more than two (2) streets shall be prohibited. A minimum sight distance of two hundred feet (200') from any intersection shall be maintained on intersecting streets; however, this requirement shall not be construed as requiring an increase in the minimum allowable intersection separation of one hundred fifty feet (150'). 4. Proposed streets shall be designed to provide access to adjoining unsubdivided tracts at logical locations for future subdivisions. 5. A minimum of two points of access shall be provided into each subdivision of twenty-five (25) lots or more. Where adjoining existing development and code requirements preclude the development of two public street access points, an unobstructed driveable access way may be substituted. 6. Right-of-way line intersections shall be rounded with a minimum radius of twenty-five feet (25'). A greater radius may be required on collector or arterial roads, or where road construction details require. 7. Minimum street design specifications. All streets to be established in a subdivision shall be graded to their full required right-of-way width and designed in accordance with the following minimum right-of-way specifications: Arterial Collector Local 150 ft. 1 00 ft. 60 ft. (open drainage) 50 ft. (curb and gutter) 8. Cul-de-sac. All cul-de-sacs shall comply with the requirements contained in the Standard Construction Details. 9. Street access to adjoining property. Street stubs to adjoining unplatted areas shall be provided when required to give access to such areas or to provide for proper traffic circulation. Street stubs in excess of two hundred fifty feet (250') shall be provided with a temporary cul-de-sac turnaround. The developer of the adjoining area shall pay the cost of restoring the street to its original design cross-section and extending the street. 10. Street names. Street names shall not be used which will duplicate, be phonetically similar or be confused with the names of existing or other proposed streets, except that new streets which are an extension or in alignment with existing streets shall bear the same name as that borne by such existing streets. All courts and circles shall have one name only. All street names shall be submitted with the preliminary plat to the County of Volusia prior to final plat approval for 911 verification. 11. Street name signs, pavement markings and regulatory signs. Required signs shall be in place prior to acceptance by the City. All signing and pavement markings shall be in accordance with "USDOT Manual on Uniform Traffic Control Devices". All pavement markings shall be thermoplast. Street name signs shall be a minimum of six inches (6") in height with letters four inches (4") in height. At cross-section intersections, two (2) street signposts shall be located diagonally across the intersection from each other. Only one street signpost shall be required at T -street intersections. Thirty inch (30") "STOP" signs shall be required at each street intersection unless otherwise approved or required by the TRC. c. Construction Basic construction requirements for roads are as follows: 1. Residential roadway pavement shall consist of 1-1/4 inches of compacted Type S- I asphalt over an eight inch (8") soil cement or limerock base, over an eight inch (8") compacted subbase. Alternative concrete pavements may be approved. 2. Commercial roadway pavement shall consist of two inches (2") of compacted Type S- I or S- III asphalt, over an eight (8") compacted limerock or six inch (6") compacted soil cement base over a twelve inch (12") compacted shellrock stabilized subbase. 3. All new roads shall have concrete curbs. Miami curbs are required on local streets with vertical curbs for enclosed drainage on major collector and arterial roads. 4. The remainder of the right-of-way shall be cleared, graded and sodded. 5. Signs for street identification and traffic control shall be installed by the City at the developer's expense. Signs shall be based on the requirements of the Federal Highway Administration Manual of Uniform Traffic Control Devices, current edition or other City specifications. d. Alleys. In single-family residential districts alleys shall be discouraged, but may be required in other than residential districts to provide for proper traffic circulation. When provided in any district, alleys shall have a minimum right-of- way width of thirty feet (30'). e. Easements. Easements for utilities, including water, wastewater, electric, cable, telephone and gas and drainage easements, shall be provided as follows: 1. Utilities. Utility easements centered on side or rear lot lines shall be provided where deemed necessary and shall be at least fifteen feet (15') in width. Additional width may be required for wastewater and/or drainage easements. Side lot line easements may be decreased to ten feet (10') in width when serving a single electric or telephone utility. 2. Drainage. Where a proposed subdivision is transversed (traversed) by or abuts a watercourse, drainage way or stream, a conservation and stormwater easement or drainage way, canal or stream and such further width or construction or both as will be adequate for the purpose shall be provided. Where a drainage way or canal exists or is proposed, a maintenance easement approved by the City shall be provided. 3. Access waterways. Waterways which are constructed or improved for the purpose of providing access by the water to lots within a subdivision shall have a minimum easement or right-of-way width of one hundred feet (100'), except where adequate shoreline protection is provided, the minimum right- of-way may be reduced to sixty feet (60'). f. Truffle .-1l1fJ!)"sis .^. traffic analysis is required for any ne'.N development/redevelopment project that may prod:lce 500 or more new average duily trips. The unul)'~;i~; shull pnwide turning mo\'cment~;, trip distribution anti provide concurrency informatiofi: g. Turn lanes - A left turn lane shall be provided at each access point with an average daily trip end of 1,000 vehicles and/or more than 25 peak hour left turn movements. A right turn/deceleration lane shall be provided when the posted speed limit equals or exceeds 35 miles per hour or if the proposed development will generate 100 or more peak hour right turn movements. Turn lane requirements shall be provided on all immediately adjacent roadways affected by any development/redevelopment project unless deemed unfeasible/impractical by the TRC. EXHIBIT B ARTICLE XI CONCURRENCY MANAGEMENT SYSTEM SECTION 21-136 CONCURRENCY DEMAND METHODOLOGY The levels of service standards for all concurrency facilities are listed in Table XI-I. The applicant shall provide the Development Services Department with the information to determine if a proposed development is consistent with the City's concurrency requirements. The demand on concurrency facilities generated by the applicant's development shall be defined consistent with the City's Level of Service. 21-136.01 -- Roadways -- Traffic Impact Analvsis Methodolo!!v and Requirements The Citv herebv adopts, as an administrative requirement the submission of a traffic impact analysis for those development applications which are subiect to concurrency review. The administrative rule relating to the required submission, which is hereby adopted by reference as fully set forth herein, as the same may be amended from time-to-time. is the document entitled Transportalion ImlJacl Analvsis (71A) Guidelines - For Development Aoolicatians Requiring A TIA in Valusia Countv. Florida, dated May 22. 2007. as approved by the Volusia County Metropolitan Planning Organization. The applicant for all development applications subiect to concurrency review shall submit a traffic impact analysis using the aforementioned and most current version of T1A Guidelines. :r-he-4BJffi.\~~~i-a--sfl.atl-ge-ttsed to calculate-the trips generated by various land use!r. ~r proposed residential development ten (l0) vehicle trips per day per single family or duplex ~;hall be w;ed. Six (6.0) trip~; per day per dV/elling unit shall be used for all multi t-fUTH I y resi d~f{~teettr.- b. For all other development categories allov;ed within the Future Land Use Element, the impact; oHle-velBflment shall be measured by utilizing the average daily trip generation rate fef-\.,"Refl-.l-an~€----l3roposed development. Intental capture rates may be----HSed-ffi derermffii.-ng-traffie---velul11cs for mixed use developmcnts, provided the applicant can justif)' the rates used. c':---=f-h:e--t.ieveJ.efK-"f-S-h-atl--l3e required to submit a traff'i€-a-nalysis for any no\", development, tnel-uBffig-new-subdivisions that are-projected to generate five hundred (500) or more average tlaHy-~ tt-;----=R'le-Qeve-lBpfnenH;eM€eS-t)epartment may also require the ~;ubmis~;ion of a traf1'ic analysi~; 4BHle-velepments that generate less than five hundred (500) trips per day if the site location, anticipated total trip generation circulation patients, possible multi jurisdictional effects or other ~;uch f11ctor~; ,,,'arrant 11 more exten~;ive review of traffic impact~;. e. The-i-ffitmffi-ar-ea-for the traffic analysis shall include adjacent and connected roaElway segfHents and all impacted major and minor intersections, as determined by the Development Services Director. 'rhe applicant may supply alternative trip calwlations, including a trip al-Iocation methodolo~v statement that is con:;istent ".,.ith the :;tandard:; in the following e-eeuffietlt-;- I, Institute of'rransportation Engineers Trip Generation Manual (latest edition) 4~--fie-t-fa ffi c anatysi-5-sna-l--l---ffi cI u d e the fo II 0 win g: I. 'rotal projected average weekday trips for the proposed development; and ;&'--Pa:;:; by capture rate (commercial land use:; only); and ~-:-lfl-tef-Ra+-eaj3llife--i'ftte (planned development only); and ~ily-~ernal trips based on the most recent edition of the Institute of Transportation Engineers Trip Generation Manual; and 5. Projected trip generation and trip distribution for both average annual daily traffic ana j3eak-llHHf---l.7eakc--B.irection vemcle trips on all segffletlts of the street :;ystem including all tBtefSe€fions. affected by the development project. 6. Design capacity of the accessed roades) and major and minor intersections; 7. Analysi:; of trd'fic di:;tribution on the road network, including all links impacted by more tflan ten percent (10%) of project traffic or five hundred (500) trips per day, ',vhiche';er is greater. The trip distribution shall be consistent with the "presets" contained in the approved trip generation model; 8. Neces~;ary of7erational improvement:; to the City, County or State maintained t-ffiBSfHwt-at-iBB---S-ystem, in offier to maintain the appropriate level of service for the fOO~ 9. Justification, including appropriate references for the use of any trip generation rates, adju:;tment factors or traffic a:;:;ignment method:; not previously approved by the City; +{h-T--fie-tatest-ed-it-i-en of the ITE Trip Generation Manual shall be used to calculate these estimates. /\.dj-ttstments to these estimates may be made based on special trip generation information supplied by the applicant; and ++---+-Urn lane length analysis for all impacted intersections. -12. Othef--i-tt.fu-Fmation as may be required by the City. -l----3--:-I--f--t.he alternative methedology indicates there is no deficiency in the capacity, the results of the alternative methodology wi II be '.lsed. IIo"vever, the City shall reserve the option to :;ubmit the methodology for review' by a transportation professional prior to accepting the methHaHl-egr----+ne co~;t for ~;uch rc';icw shall be borne by the applicant.