BCC Minutes 03/25/2005 W (Transportation Concurrency)
March 25,2005
TRANSCRIPT OF THE MEETING OF THE COLLIER
COUNTY TRANSPORTATION CONCURRENCY
WORKSHOP
Naples, Florida, March 25,2005
LET IT BE REMEMBERED, that the Collier County Transportation
Concurrency Workshop in and for the County of Collier, having conducted
business herein, met on this date at 9:00 AM in WORKSHOP SESSION in
Building "F of the Government Complex, East Naples, Florida, with the
following members present:
CHAIRMAN: Commissioner Fred Coyle
Commissioner Tom Henning
Commissioner Frank Halas
Commissioner Donna Fiala
Commissioner James Coletta
ALSO PRESENT: Joe Schmitt, CDES
Norman Feder, Transportation Administrator
David Weeks, Comprehensive Planning
Stan Litsinger, Comprehensive Planning
Don Scott, Transportation Planning Director
Phil Tindall, Transportation Planning
Patrick White, Assistant County Attorney
Jim DeLony, Public Utilities Administrator
Marjorie Student, Assistant County Attorney
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COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
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Transportation Concurrency
Workshop Agenda
March 25, 2005
9:00 a.m.
Donna Fiala, Commissioner, District 1
Fred W. Coyle, Chairman, District 4
Frank Halas, Vice-Chairman, District 2
Tom Henning, COmmissioner, District 3-
Jim Coletta, COmmissioner, District 5
NOTICE: ALL PERSONS WISHING TO SPEAK ON ANY AGENDA ITEM MUST REGISTER PRIOR TO
SPEAKING. SPEAKERS MUST REGISTER WITH THE COUNTY MANAGER PRIOR TO THE
PRESENTATION OF THE AGENDA ITEM TO BE ADDRESSED.
COLLIER COUNTY ORDINANCE NO. 03-53 REQUIRES THAT ALL LOBBYISTS SHALL, BEFORE
ENGAGING IN ANY LOBBYING ACTIVITIES (INCLUDING, BUT NOT LIMITED TO, ADDRESSING
THE BOARD OF COUNTY COMMISSIONERS), REGISTER WITH THE CLERK TO THE BOARD AT \.
THE BOARD MINUTES AND RECORDS DEPARTMENT.
ALL REGISTERED PUBLIC SPEAKERS WILL RECEIVE UP TO FIVE (5) MINUTES UNLESS THE TIME
IS ADJUSTED BY THE CHAIRMAN.
IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO
PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, TO THE
PROVISION OF CERTAIN ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY FACILITIES
MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL, NAPLES, FLORIDA,
34112, (239) 774-8380; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE
A V AILABLE IN THE COUNTY COMMISSIONERS' OFFICE.
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1.
Pledge of Allegiance
2. Presentation and review of the Roads Level of Service Standards (LOSS) Traffic Count
Measurement Basis alternatives: "The currently adopted ten-month peak traffic,
omitting February and March, (250th highest hour equivalent) VS. Twelve-month peak
traffic (lOOth highest hour)"
A. Overview of concurrency-current policies and staff application of those policies.
B. "Easter Sunday", the rationale behind the currently adopted LOSS basis, ten-month
(250th highest hour)
C. Demonstration of the previous twelve-month traffic count on the "2004 AUIR
Transportation Database"
D. TCMA and the traffic count basis. What is a TCMA? How does the count basis
impact concurrency within a TCMA?
E. "Checkbook" balance impact of the application of the twelve-month
count basis today.
1. New analytically deficient links? Short-term impacts such as
temporary DO issuance disruptions in certain areas? What are
Cou~ty response options?
2. Long-term impacts on the LRTP, CIE Schedule of Capital
Improvements or BCC budget policy? Would it chang~ any
realities or challenges?
F. The balanced compromise approach to roads concurrency, "Ten-month traffic count,
2-year project reliance, and 50% impact fees at SDP or plat?"
3. The 2005 Collier County Build-Out Study- Summary of findings and projections.
4. Outline of current Florida concurrency statutes and regulations. What have the courts
said?
5. How and when are "vested development rights" established? What are the time factors?
Such that: What development rights are being vested? What constitutes a vested
development in Collier County? Recommended follow-up actions:
A. EAR-based amendments. Density bonuses elimination
B. PUD Retirement and Expiration Ordinance. Working discussion draft provided
C. Declaration of no vesting by the BCC for density or concurrency for currently
approved but unbuilt (no final local development order) PUDs. PUD owners
may assert and reestablish any vested rights through available processes:
1. LDC Sections 9.02.00-09. Vested Rights & Takings Determinations.
Unbuilt units and/or concurrency
2. LDC Section 10.02.07.B.6. Submittal Requirements for Certificates of
Public Facility Adequacy Roads concurrency COA
6. CCPC Comments and Consensus Recommendations
7. Question and Answer Period
8. Adjourn
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March 25, 2005
1. The Workshop was called to order by Commissioner Fred Coyle at 9:00 AM.
Pledge of Allegiance was recited.
2. Joe Schmitt and Norman Feder introduced those in each Department dealing
with Concurrency. Nancy Linnan was also in attendance.
Mr. Schmitt gave a slide presentation on the Transportation Element - Growth
Management Plan:
· Objectives - maintaining the adopted Level-of-Service by identifying them on the
5 year work program
· Discussed Policy 5.1 in which the County Commission will review all requests
and applications, etc.
· In the Land Development Code it says they are required to implement and be
consistent with the GMP and the FL Administrative Code by ensuring all the
development in the County is served by adequate public facilities
· A Development Order will not be issued unless they have the concurrency
program in place.
· 10.02.07 Submittal Requirements for Certificates for Public Facility Adequacy-
this is where they define they have 50% ofthe impact fees at local Development
Order
· A time line is established and was shown on the visualizer. This is where they
evaluate consistency with the GMP.
· The CC Planning Commission recommends that it be consistent with the GMP.
· Final Plat and Plan - review process and staff deems it concurrent. Ifthe capacity
exists they give final approval and approve the local Development Order.
· This is done in the zoning and engineering departments and then the impact fees
are collected.
· They collect the impact fees much earlier than any other county in Florida. This
is needed to support the infrastructure development.
TRANSPORTATION - Norman Feder gave a brief overview:
· Implemented for last 9 months
· After their workshop, the Planning Commission recommends staff "Stay the
Course" - they understand it is a strong and aggressive concurrency management
system.
He reminded everyone that asks about allowing Super Wal-Marts to be built. They were
approved previously and the Board and staff are working with issues they were inherited
with.
Development Review
· Planning, Implementation and then Concurrency Management
· Not going to allow roads to get congested according to their standards
· It is under concurrency and need to look at the AUIR
· Planning efforts being updated
· Review with consistency
· Considering long range aspects
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March 25,2005
· Community involvement
Don Scott - Transportation Planning- (Slide Presentation) -Issues:
· Should they go from the 250th highest hour to the 100th highest hour? Discussed
this with the Planning Commission. Effect wasn't that big but gave differences.
Was a 3 1/2 to 4% difference. Collier Blvd to Golden Gate changed from LOS
"D" to an "E." It is programmed to go to 6 lanes this year.
· Another one identified is: Golden Gate Blvd to Everglades to Wilson - be done 1
year earlier - traffic count is up 25% last year.
· Didn't need to do a change at this time.
Discussed the various roads with difficulty of getting to and from work. One is Golden
Gate Blvd. Some areas are growing rapidly in the area including 951. Several other
areas were noted with growth.
Concurrency is done with traffic counts, number of lanes and number of signals _
methodology across the board is what they look at so it isn't different from one area than
another.
Mr. Scott showed a formula and explained different areas and a time line of construction
and what is programmed.
Immokalee Road was discussed at length. It started out as a 2-way road with growth.
With the Board's tenacity, it went into the work program aggressively. It is now under
construction and committed from US41 all the way to the fairgrounds (43rd). The major
project is the 6 laning from 951 to 43rd. He discussed Oil Well Road to Wilson. It now
is an issue and concern. It will be 6 lanes instead of 4. These different factors are what
are in the concurrency. Restricting the trucks was explained.
As new development comes forth, it will become a level of service "C."
Mr. Feder explained the roads in deficiency.
Listed many Developments Affected by Concurrency (In packet)
Commissioner Coyle asked about the number of dwelling units in the developments that
have been reduced as a result of the Concurrency System before it goes before the
Commissioners.
Mr. Scott discussed the different decisions to lower density or not to go forward. Many
things happen during the site plan process.
Mr. Feder asked how they are to deal with all these issues they have inherited. Does
anyone believe they have a concurrency system in place when they see a Super Wal-Mart
go on Davis or Immokalee? How do they respond to those issues from the past? He
asked Nancy Linnan to comment on the Concurrency System and what some of the other
counties are doing compared to Collier.
Nancv Linnan - Outside Counsel- there are no easy answers, or it would have been
figured out by now. The reason there are problems, in 1985 the Legislature put in the
Growth Management Plan to do a Comprehensive Plan and part of it - is Concurrency.
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March 25, 2005
In regards to roads, need to assure roadway capacity for arterials and collectors. The
original Comp Plan was approved all over the State and didn't ask for those
grand fathered in or had pre-existing problems.
Collier County was worse than others - when an Amendment is done to the Comp Plan,
it isn't anything to do with concurrency. Collier has a lot oflarge committed property,
which means Collier started with a bigger backlog. That's the difference with other
Counties.
A Service Tax was proposed but never got to the local governments and backlog got
worse over the years. If they don't have capacity they have to 1) fix all the problems,
2) Phase development, 3) see is someone else will fix it in 3-4 years, or 4) don't build.
Moratoriums are rarely declared.
Stages:
1) No Concurrency Management System.
2) First Generation Concurrency Management System - count trips and apply
capacity to all streets equally.
· What tools are given?
o Concurrent if improvement funded is in 3rd year. Tallahassee requires
roadway be bid - Collier is saying roads to be built in 2 years. (They
attempted to go for a 1 year) They have to work within a timeframe set up
by the State Legislative body and Florida Statutes.
· 2 years means - if improvement is in the second year of the work
program, or DOT work program, they can go ahead and approve
the project as meeting concurrency at that time. The impact won't
hit for approx. 2-3 years for build out. (Construction dollars only-
not engineering)
· Can have a diminimus impact which is usually 1 % of the roadway.
Conversation took place on diminimus and Collier County having
more PUD' s than others. They are less diminimus than they will
find in most other local governments.
o No development approved unless it meets a list of Transportation
Demand Management (TDM) Have to choose a list -Collier County has
one. (24 in the state) Urban infill area and need to show most of the
property is already developed. Not a new area of large tracts to be
developed.
o Created Transportation Concurrency Management Areas (TCMA) - 16 in
the state - Collier County has 2. One in North 41 and one in Golden Gate
City. It is a compact geographical area. Foster mixed use. (Map shown)
o Proportionate Share - will be more than an impact fee. Percentage of
impact onto roadways paid into a fund and used by the local government
to make improvements.
o Long-term Concurrency - 10-15 years.
3) Second Generation Concurrency - find own ways:
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March 25,2005
· Count trips differently - State rule says to use peak hour but no guidance as to
how to use peak hour.
· Apply Concurrency in a smaller area.
· Use ofCEA's, TCMA, (Transportation Concurrency Management Areas) but are
limited by staff.
Commissioner Coyle mentioned the Bill before the State Legislature to regionalize the
Growth Management Plan. He stated there are serious issues with the Bill. A lengthy
discussion concerning the Bill took place between Commissioner Coyle, Commissioner
Fiala and Ms. Linnan. Commissioner Coyle asked how you define what is a regional
project and what is a local project. There will be serious confrontations.
Discussion followed on being vested, vested rights and the possibility of amending the
Comp Plan.
Ms. Linnan stated what they can do for the future is to look at design - they should
assume low density is a good thing to keep the traffic down. It depends on what kind of
low density it is. It would be better to have stuff clustered together. Concurrency can be
waived in order to get the mixed use to cut down on the traffic.
BREAK - 10:34 AM
RECONVENED -10:51 AM
Zoning vs. Obligation on Construction of Roads - Ms. Linnan - local government has
no responsibility to build roads because of re-zoning. If something is rezoned, they are
subject to Concurrency like anyone else. No responsibility of the County to build roads
for a development. That has been declared by the Department of Community Affairs.
Patrick White - Assistant County Attorney - he wanted to reinforce what Ms. Linnan
stated about declaring moratoriums.
Ms. Linnan responded when a concurrency system is in place, a moratorium is not
declared. It is stated there is no capacity under the system, and they cannot go forward.
The County has no responsibility to provide capacity at that time.
Staff can hold approval of the local Development Order until concurrency is validated
according to Joe Schmitt.
A lengthy discussion on vested rights, capacity with concurrency, the trips generated and
build out was explained by Mr. Feder.
Ms. Linnan recommended when someone comes in for a PUD, the first thing is to check
that they have waived concurrency. It should then be announced at the Public Hearing.
That would mean they have not been through a concurrency review and don't get any
rights through the rezoning.
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March 25, 2005
Marjorie Student - Assistant County Attorney - in the PUD Document it states it is
subject to their Concurrency Management System with a reference to the location in the
Land Development Code.
Patrick White - Assistant County Attorney - until they instituted the 50%
transportation impact fee process, at final plat, they use to have a waiver and release
requirement for all the vested rights. It was modified as part of the rules that were
changed in order to go with the 50% transportation impact fee that allows them to vest
fully ifthe other 50% is paid within 3 years.
Stan Litsinger - Comprehensive Planning Director - he introduced the Concepts of
the 2005 Build Out Study - (In packet)
It is a key part of the system. It is concurrency: who is entitled to what, when, the timing
and what they are required to do. They analyzed 500 traffic analyses and developed a
plausible Build Out scenario for 20 years into the future. The last complete study done
was 1994-95. The long range is a prediction to have 1M people calling Collier County
"home. "
Bar graphs were shown on population in different areas.
David Weeks - Comprehensive Planning Department - the last Build out Study was
for the Coastal Urban area in 1994. This study is countywide. The study shows the
future growth is not going to be accruing in the urban designated area. 55% of the build
out population will be east of County Road 951. Objective of the study wasn't when the
build out will occur, but what it will be. What will be the number of dwelling units and
the population in the County?
If they are to maintain the growth rate of 5.05% per year, could see build out in 2026.
Growth rates do vary. Different areas grow at different rates.
He covered many of the assumptions in the Coastal Urban areas, Golden Gate Estates, the
Rural Fringe Mixed Use District and the Rural Lands Stewardship Areas.
He addressed the variables and occupancy rates. (Vacancy of dwelling units)
Changes will be:
· Golden Gate City is close to build out and population keeps growing
· Occupancy Rates of dwelling units
· More permanent - not seasonal
· More stable - more permanent - fewer seasonal
· Seasonal has gone down approx. 5% in the past 10 years
SPEAKERS
David Ellis - CBIA - reinforced staff s remarks in that the system is working. They
worked with Norm Feder on the impact fees with $21.0M collected in the program.
Population projections are important to look way into the future. Need to look for tools
for delivery of the roads. He touched on affordable housing and incentives.
Reed Jarvi - Professional Engineer - he deals with the concurrency system constantly
and stated it is a complex and strict, but a good system. Stay the course and tweak the
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March 25, 2005
system. Collector road system can be done by development with incentives. Look at
them on a case to case basis. Mixture of trips - residential units provides trip
generations. Need to work on the Golden Gate Estates area.
Dwight Nadeau - RW A - everyone is doing an excellent job and agrees. Embrace
partnerships to advance funding for facility improvements, etc. and bring the workforce
back to Collier County. Provide incentives.
Al Zichella - CBIA - Good system and working. They are building roads more rapidly,
supplying money to the County. They know concurrency will work. He wishes the
pubic would look at it in a different way - capacity being created. As soon as the roads
are built, it will ease. It is a creative plan. Alternate routes are being considered and it is
a smart way to do it. Need to look at vesting. Impact fees will help the road system and
improve the grid. Gave his opinion on the Legislative Bill. Affordable Housing is a
crisis - workforce housing isn't being addressed.
Mario Curialo - Taxpayer & Citizen - will be a watchdog in the County. Wal-Mart
should have never been approved. Impact fees - taking wrong approach. His project has
not been mentioned. Upset about the 41 and 951 intersection.
Dr. Sam Durso - has never been traffic vs. affordable housing. Is in favor of the
Concurrency and stated to keep using it. Habitat will abide by the concurrency system.
Hoped there is not a 10-year criteria. He would like to see concurrency on affordable
housing.
Mr. Feder stated - north of US41 and 951, they meet concurrency and consistency as
they look at the project. How to move on the project is up to the Board. They meet those
tasks because they are 6 laning 951 north ofUS41. There is not a "10 year" statement.
They need to continue to plan for the future because they can't stop if they have
consistency and concurrency today. The plans and implementing those plans need to be
continued. Need to continue to refine the plan to keep a balance. They meet concurrency
and they meet consistency.
Commissioner Henning mentioned they need to be consistent. He is going to meet with
representatives from HMA and Habitat.
Robert Murray - East Naples Civic Assoc. & County Planning Commissioner-
commended Stan Litsinger and David Weeks with the work they put in. Suggested doing
a grid with land being more sensitive. He has been working hard to understand the
details. Concurrency is complex and trying to understand with implications. Asked that
they continue with the tools, being it's a good opportunity to learn more and will ask
questions. Urged them to continue with visuals and offered praise.
Ron Talon - Plumber & Consulting Firm - he agreed with Ms. Linnan that looking at
Concurrency is a trend. TCMA's is a step in the right direction. Showed 2 exhibits-
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March 25, 2005
volume on Vanderbilt Drive and how impacted with US41. Showed a slow steady
growth. Residents concerned - more historical trends.
Showed volume on Airport Road - steady rate then a drop. Livingston Road - a step in
the right direction. Stated concurrency will work and to stay the course.
County Manager Mudd needed some guidance from the Commissioners. Items
discussed _ 5B & 5C on the agenda - finalizing and bringing the PUD Retirement
Ordinance back to the BCC and look at creating a process to validate vesting.
Marjorie Student stated she is tweaking the Ordinance and will bring it to them later.
It was a consensus to continue.
County Manager Mudd indicated they will continue and focus their long-range
transportation plan on the growth east of 951.
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There being no further business for the good of the County, the workshop was
adjourned by the Chair at 12:15 PM.
COLLIER COUNTY BOARD OF COUNTY
COMMISSIONERS CONCURRENCY WORKSHOP
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These minutes approved by the Board on ~ .1/ .
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