A. Call to Order/Convene as the LDRAB

Transcription

1

2 LAND DEVELOPMENT REGULATION ADVISORY BOARD (LDRAB) LAND DEVELOPMENT REGULATION COMMISSION (LDRC) Wednesday, August, 0 AGENDA 0 Australian Avenue th Floor Conference Room, :00 p.m. A. Call to Order/Convene as the LDRAB. Roll Call. Additions, Substitutions and Deletions. Motion to Adopt Agenda. Adoption of May, 0 Minutes (Exhibit A) B. ULDC Amendments. Exhibit B Traffic Performance White Paper. Exhibit C Proportionate Fair Share Program. Exhibit D Art., Traffic Performance Standards (includes Art., Definitions) C. Convene as LDRC. Proof of Publication. Consistency Determinations D. Reconvene as the LDRAB E. Public Comments F. Staff Comments G. Adjourn U:\zoning\CODEREV\0\LDRAB\Meetings\-\Agenda.DOC

3 PALM BEACH COUNTY LAND DEVELOPMENT REGULATION ADVISORY BOARD AUGUST, 0 BOARD MEMBERS Wes Blackman, AICP, Chair (PBC Planning Congress) David Carpenter, RLA, Vice Chair (District ) Duane Bennett (PBC Board of Realtors) Barbara Katz (District ) Chuck Congdon (Assoc. Gen. Cont. of Amer.) Martin Klein, Esq. (District ) Joanne Davis (District ) Ron Last, P.E (FL Eng. Society) Rosa Durando (Environmental Org.) Jack Miles (District ) Wayne Larry Fish, P.S.M. (FL Soc. of Pro. Land Surveyors) Frank Palen, Esq. (Mem. At-Large, Alternate) Maurice Jacobson (Condominium Assoc.) Barbara Suflas Noble (District ) Thomas Kastner (A. I. A.) Joni Brinkman (League of Cities) Brian Waxman, Esq. (Mem. At-Large, Alternate) Scott Worley (Gold C. Build. Assoc.) Bill Gotthelf (District ) Tony Masilotti Chair, District Addie L. Greene Vice Chair, District Karen T. Marcus Commissioner, District Jeff Koons Commissioner, District Warren H. Newell Commissioner, District Mary McCarty Commissioner, District Burt Aaronson Commissioner, District Robert Weisman County Administrator U:\zoning\CODEREV\0\LDRAB\Meetings\- Annual Meeting\Coverpage rev.doc "An Equal Opportunity - Affirmative Action Employer" 00 North Jog Road, West Palm Beach, Florida () -0

4 PALM BEACH COUNTY LAND DEVELOPMENT REGULATION ADVISORY BOARD (LDRAB) LAND DEVELOPMENT REGULATION COMMISSION (LDRC) Minutes of June, 0 Meeting On Wednesday, June, 0 at :0 p.m. the Palm Beach County Land Development Regulation Advisory Board (LDRAB) met in the Fourth Floor Conference Room, at 0 Australian Avenue, West Palm Beach, Florida, for their meeting: William Cross introduced John Rupertus as the new Senior Planner from the Planning Section that will be working with Code Revision to make consistency determinations. A) Call to Order/Convene as LDRAB. ) Roll Call Chair Wes Blackman called the meeting to order at :0 p.m. Paula Pritchard, Code Revision Secretary, called the roll. Members Present David Carpenter (District ) Chuck Congdon (Assoc. Gen. Cont. of Amer.) Wesley Blackman (PBC Planning Congress) Thomas Kastner (A. I. A.) Rosa Durando (Environmental Org.) Martin Klein (District ) Scott Worley (Gold C. Build. Assoc.) Duane Bennett (PBC Board of Realtors) Barbara Noble (District ) Jack Miles (District ) Joni Brinkman (League of Cities) Barbara Katz (District ) Larry Fish (FL Soc. of Pro. Land Surveyors) Members Absent Maurice Jacobson (Condominium Assoc.) Ron Last (FL Eng. Society) *Note: Vacant (District ) Members Present Members Absent County Staff Present: Jon MacGillis, Planning Director Barbara Pinkston-Nau, Principal Planner, Zoning William Cross, Senior Planner, Zoning John Rupertus, Senior Planner, Planning Allan Ennis, Assistant Director, Traffic Engineering Laura Beebee, Assistant County Attorney Paula Pritchard, Secretary, Zoning ) Additions, Substitutions, and Deletions ) Motion to Adopt Agenda A motion was made by Martin Klein, seconded by Barbara Suflas Noble, to adopt the agenda. The motion passed unanimously ( 0). ) Adoption of May, 0 Minutes (Exhibit A) A motion was made by Martin Klein, seconded by Jack Miles, to adopt the May, 0 minutes. The motion passed unanimously ( 0). B) ULDC Amendments ) Article (Attachment B) Motion to approve, as amended, by Martin Klein, seconded by Maury Jacobson. The motion passed unanimously ( 0). ) Okeechobee Boulevard CRALLS Point System (Attachment C) Allan Ennis elaborated on the need for the adoption and importance of the Okeechobee Boulevard CRALLS Point System. Colleen Walters representing Kilday & Associates commented on the Okeechobee CRALLS Point System first adoption in 0 and how important some system of mitigation is needed to be in place. She also gave credit to the Engineering Division for implementing goals of direction of the future. LDRAB recommended proposed amendments to delete five of the proposed mitigation strategies. The following summarizes the reasons for the recommended deletions, and the Traffic Divisions response: Strategy # - Feeder Bus Service to Rail Stations or Multi-Modal Transit Centers; New Commuter Bus Service; Local Bus/Shuttle Service; Employee Transit Passes. [LDRAB LDRAB/LDRC August, 0 Exhibit A, Page of

5 concerned about minimum -year commitment and what would happen afterwardswould government have to pick up cost of service?] Strategy # - Parking Management. [LDRAB considered this strategy more appropriate for older cities with high development intensities and limited parking availability rather than Palm Beach County. LDRAB did not want private sector involvement in a parking fee collection/management system.] Strategy # - Ridesharing Programs. [LDRAB did not consider this monitorable/ enforceable.] Strategy # - Telecommuting Programs [LDRAB did not consider this monitorable/enforceable.] Strategy # Compressed Work Week/Non-Peak Hour Work Hours [LDRAB did not consider this monitorable/enforceable] a) Joni Brinkman recused herself from voting because she is employed by Kilday & Associates - and has been retained by a developer to lobby the county for approval of the CRALLS Point System to allow application for a development to be made. b) David Carpenter recused himself from voting because he represents a client who has received a site specific CRALLS on the Okeechobee CRALLS East, Sykes Property. Motion to approve, as amended, by Martin Klein, that excludes Mitigation Strategies,,,, & subject to further review by staff, seconded by Maury Jacobson. The motion passed ( ). ) Department of Airports (Attachment D) Motion to approve, by Martin Klien, seconded by David Carpenter. The motion passed ( ). a) Joni Brinkman recused herself from voting because she is employed by Kilday & Associates. C) Convene as the Land Development Regulation Commission (LDRC) ) Proof of Publication A motion was made by Martin Klein, seconded by Maury Jacobson, to adopt the proof of publication. ) Consistency Determination John Rupertus, Senior Planner, stated that the proposed amendments were consistent with the Comprehensive Plan. Motion to approve, by Joanne Davis, seconded by Martin Klein. The motion passed unanimously ( 0). D) Reconvene as the Land Development Regulation Advisory Board (LDRAB) The Board reconvened. E) Public Comments F) Staff Comments William Cross, Senior Planner updated the Board on several matters:. Indicated that the next LDRAB meeting will be held on July, 0 and will focus on Workforce Housing Program Amendments.. Discussed that staff will give further considerations to the Okeechobee CRALLS Point System concerns to further be revised in October. G) Adjourn The Land Development Regulation Advisory Board meeting adjourned at : p.m. Recorded tapes of all LDRAB meeting are kept on file in the Palm Beach County Zoning/Code Revision office and can be requested by contacting the Code Revision Secretary at () -0. U:\zoning\CODEREV\0\LDRAB\Meetings\-\Exhibit A - Minutes.doc LDRAB/LDRC August, 0 Exhibit A, Page of

6 EXHIBIT B ARTICLE TRAFFIC PERFORMANCE WHITE PAPER (Updated //0) Introduction: Two of these amendments (Proportionate Share and De Minimus) are recommended to comply with new concurrency management procedures adopted by the State legislature last year as outlined in Chapter. Florida Statutes. The change to the determination of radius of development influence (RDI) for a project is recommended to establish consistency with procedures currently utilized in review of Developments of Regional Impact (DRIs) by the Florida Department of Transportation (FDOT) and Treasure Coast Regional Planning Council. Finally, the revision to Test is required in order to utilize the new Traffic Performance Standards (TPS) database that is anticipated to be finalized by the time these ULDC amendments are submitted to the Board of County Commissioners for consideration. Background and Summary: The Proportionate Share Ordinance was patterned after the Model Ordinance that was required to be prepared by FDOT pursuant to the State Statute. The intent of the proportionate share procedure is to provide applicants for development an opportunity to proceed under certain conditions, notwithstanding the failure of traffic concurrency, by contributing their share of the cost of improving the impacted roadway facility. The impacted roadway facility improvement must currently be in the County s -year Capital Improvements Element (CIE) or can be added by the Board of County Commissioners at the request of the developer if the improvement is determined to be financially feasible. In other words, the proportionate share is a pay-as-you-go method that does not require immediate correction of the capacity deficiency, but roadway projects required to satisfy these deficiencies must still be programmed for improvement. The change to De Minimus language required by State Statute will prohibit any proposed development traffic (that would otherwise be considered de minimus or insignificant under the County s Traffic Performance Standards) from impacting a roadway segment that is over 0% of its capacity (with existing and approved but unbuilt development traffic) or over 0% of its capacity if it is a designated hurricane evacuation route unless further analysis is performed. The proposed ULDC language is subject to change pending a response from the Florida Department of Community Affairs (DCA) to some detailed questions from County staff. The De Minimus change will also require a minor amendment to language in the Palm Beach County Comprehensive Plan. The change to the radius of development influence allows for significant traffic impacts (when they exceed % of the roadway capacity) from new developments to be addressed, even when they are outside the normal radius of development influence. This is in recognition of the fact that traffic from proposed developments in remote areas of the County will not disperse as quickly. It is also consistent with how DRIs are currently reviewed. The final proposed change to the Traffic Performance Standards (TPS) will replace the existing Model Test with a Five Year Analysis/Test based upon data collected in the County s new TPS Database. The TPS Database is comprised of a layering of approved but unbuilt development traffic on top of existing traffic volumes to produce a more exact estimate of near term future peak hour traffic volumes on individual road segments/intersections than was available with the Model. The five-year time frame represents a typical time frame during which the majority of existing approved developments are scheduled to be built out. The Five Year Analysis/Test will therefore require addressing the traffic standards for roadway conditions that will include most of the approved but unbuilt development traffic so as to prevent giving away roadway capacity more than once. Research Summary: The Traffic Division, County Attorney s Office, Planning Division, and Zoning Division have met over the past several weeks to discuss the Proportionate Share Ordinance as well as how the change to De Minimus Traffic will be considered. Direction from FDOT and DCA has also been received in response to specific questions about the State legislation. On December, 0, the proposed change to the Radius of Development Influence was reviewed during a meeting with representatives of private traffic engineering consulting firms and FDOT. The Five Year Analysis/Test changes were originally discussed during meetings of the TPS Ordinance Review Committee and TPS Technical Committee in year 0-0. The TPS Database Contract was approved on July, 0 and the Database has been under development since that time. League of Cities: It is anticipated that all of the above mentioned TPS changes will be reviewed by the Palm Beach County League of Cities at its meeting on September, 0. U:\zoning\CODEREV\0\LDRAB\Meetings\-\Exhibit B - White Paper Art..doc LDRAB/LDRC August, 0 Exhibit B, Page of

7 ARTICLE (Updated //0) Part. ULDC, Art., Traffic Performance Standards (page of ), is hereby amended to add a new Chapter Q, Proportionate Fair-Share Program, as follows: [Note that the chapter letter may change pending the concurrent adoption of other TPS amendments that may delete Chapter D.] Q. PROPORTIONATE FAIR-SHARE PROGRAM Section. Purpose and Intent The purpose of this ordinance is to establish a method whereby the impacts of development on transportation facilities can be mitigated by the cooperative efforts of the public and private sectors, to be known as the Proportionate Fair-Share Program, as required by and in a manner consistent with.(), F.S. Section. Applicability The Proportionate Fair-Share Program shall apply to all projects that fail to meet the standards of this Article on a collector or arterial road that is not the responsibility of a municipality. This Program shall also apply to all projects that fail to meet the standards of this Article on a transportation facility maintained by FDOT pursuant to the requirements of Section. The Proportionate Fair-Share Program does not apply to developments of regional impact (DRIs) using proportionate fair-share under.(), F.S., or to projects exempted from this Article. Section. General Requirements A. An applicant may choose to satisfy the transportation concurrency requirements of Palm Beach County by making a proportionate fair-share contribution, pursuant to the following requirements:. The proposed development is consistent with the comprehensive plan and applicable land development regulations.. The five-year schedule of capital improvements in the CIE of the Plan that, upon completion, will satisfy the requirements of this Article. The provisions of Section.B may apply if a project or projects needed to satisfy concurrency are not presently contained within the CIE. B. Any improvement project proposed to meet the developer s fair-share obligation must meet Palm Beach County s design standards for locally maintained roadways and those of the FDOT for the state highway system. Section. Intergovernmental Coordination Pursuant to policies in the Intergovernmental Coordination Element of the Plan, Palm Beach County shall coordinate with affected jurisdictions, including FDOT, regarding mitigation to impacted facilities not under the jurisdiction of the local government receiving the application for proportionate fair-share mitigation. An interlocal agreement may be established with other affected jurisdictions for this purpose. Section. Application Process A. In the event of a lack of capacity to satisfy transportation concurrency, the applicant shall have the opportunity to satisfy transportation concurrency through the Proportionate Fair-Share Program pursuant to the requirements of Section. If the impacted facility is on the SIS, then the FDOT shall be notified and invited to participate in a pre-application meeting. B. Eligible applicants shall submit an application to the County Engineer on a form provided for by the County Engineer. The County may establish an application fee that does not exceed the cost to the County of reviewing the application. C. The County Engineer shall review the application and certify that the application is sufficient and complete within business days. If an application is determined to be insufficient, incomplete or inconsistent with the general requirements of the Proportionate Fair-Share Program as indicated in Section, then the applicant will be notified in writing of the reasons for such deficiencies within business days of submittal of the application. If such deficiencies are not remedied by the applicant within days of receipt of the written notification, then the application will be deemed abandoned. D. Pursuant to.() (e), F.S., proposed proportionate fair-share mitigation for development impacts to facilities on the SIS requires the concurrency of the FDOT. The applicant shall submit evidence of an agreement between the applicant and the FDOT for inclusion in the proportionate fair-share agreement. E. When an application is deemed sufficient, complete, and eligible, the applicant shall be advised in writing and a proposed proportionate fair-share obligation and binding agreement will be prepared by the County Engineer or the applicant and delivered to the appropriate parties for review, including a copy to the FDOT for any proposed proportionate fair-share mitigation on a SIS LDRAB/LDRC August, 0 Exhibit C, Page of

8 ARTICLE (Updated //0) 0 facility, no later than 0 days from the date at which the applicant received the notification of an eligible application. F. No proportionate fair-share agreement will be effective until approved by the County. Section. Determining Proportionate Fair-Share Obligation A. Proportionate fair-share mitigation for concurrency impacts may include, without limitation, separately or collectively, private funds, contributions of land, and construction and contribution of facilities. B. A Project eligible for participation under the Proportionate Fair-Share Program shall not be required to pay more than its proportionate fair-share. The fair market value of the proportionate fair-share mitigation for the impacted facilities shall not differ regardless of the method of mitigation. C. The methodology used to calculate a Project s proportionate fair-share obligation shall be as provided for in.(), F.S., as follows: The cumulative number of trips from the proposed development expected to reach roadways during peak hours from the complete build out of a stage or phase being approved, divided by the change in the peak hour maximum service volume (MSV) of roadways resulting from construction of an improvement necessary to maintain the adopted LOS, multiplied by the construction cost, at the time of developer payment, of the improvement necessary to maintain the adopted LOS. OR Proportionate Fair-Share=Σ[[(Development Trips i )/(SV Increase i )] x Cost i ] Where: Development Trips i = SV Increasei = Cost i = Those trips from the stage or phase of development under review that are assigned to roadway segment i and have triggered a deficiency per TPS; Service volume increase provided by the eligible improvement to roadway segment i per Section ; Adjusted cost of the improvement to segment i. Cost shall include all improvements and associated costs, such as design, right-of-way acquisition, planning, engineering review, inspection, administration, and physical development costs directly associated with construction at the anticipated cost, including contingencies, in the year it will be incurred. D. For the purposes of determining proportionate fair-share obligations, the County Engineer shall determine improvement costs based upon the actual and/or anticipated cost of the improvement in the year that construction will occur. E. If the County has accepted an improvement project proposed by the applicant, then the value of the improvement shall be based on an engineer s certified cost estimate provided by the applicant and approved by the County Engineer or other method approved by the County Engineer. F. If the County has accepted right-of-way dedication for the proportionate fair-share payment, credit for the dedication of the right-of-way shall be valued on the date of the dedication at percent of the most recent assessed value by the Property Appraiser, or at the option of the applicant, by fair market value established by an independent appraisal approved by the County at no expense to the County. This appraisal shall assume no approved development plan for the site. All rightof-way dedicated must part of a roadway segment that triggered the deficiency per TPS, and must not be site-related. The applicant shall supply a drawing and legal description of the land and a certificate of title or title search of the land to the County at no expense to the County. If the estimated value of the right-of way dedication proposed by the applicant based on a County approved appraisal is more than the county estimated total proportionate fair share obligation for the development, then the County will give the applicant road impact fee credit for the difference. Prior to purchase or acquisition of any real estate or acceptance of donations of real estate intended to be used for the proportionate fair share, public or private partners should contact the FDOT for essential information about compliance with federal law and regulations. Section. Impact Fee Credit for Proportionate Fair-Share Mitigation A. Proportionate fair-share contributions shall be applied as a credit against impact fees to the extent that all or a portion of the proportionate fair-share mitigation is used to address the same capital infrastructure improvements contemplated by Article, Impact Fees. B. Impact fee credits for the proportionate fair-share contribution will be determined when the transportation impact fee obligation is calculated for the proposed development. Impact fees owed by the applicant will be reduced per the Proportionate Fair-Share Agreement as they become due pursuant to Article, Impact Fees. Once the credit has been exhausted, payment of road impact fees shall be required for each permit issued. The impact fee credit shall be LDRAB/LDRC August, 0 Exhibit C, Page of

9 ARTICLE (Updated //0) established when the proportionate fair-share contribution is received by the County, or when the fair-share amount is secured by performance security. C. The proportionate fair-share obligation is intended to mitigate the transportation impacts of a proposed project. As a result, any road impact fee credit based upon proportionate fair-share contributions for a proposed project cannot be transferred to any other project. Section. Proportionate Fair-Share Agreements A. Upon execution of a proportionate fair-share agreement ( Agreement ), the applicant shall receive a certificate of concurrency approval. Should the applicant fail to apply for a development permit within months, then the Agreement shall be considered null and void, and the applicant shall be required to reapply. B. Payment of the proportionate fair-share contribution is due in full no later than issuance of the final building permit, and shall be non-refundable. If the payment is submitted more than six months from the date of execution of the Agreement, then the proportionate fair-share cost shall be recalculated at the time of payment based on the best estimate of the construction cost of the required improvement at the time of payment, pursuant to Section and adjusted accordingly. C. In the event an Agreement requires the applicant to build one or more road improvements, all such improvements must be commenced prior to issuance of a development permit and assured by a binding agreement that is accompanied by a security instrument sufficient to ensure the completion of all required improvements. It is the intent of this Section that any required improvements be completed before issuance of certificates of occupancy. D. Dedication of necessary R-O-W for facility improvements pursuant to a proportionate fair-share agreement must be completed prior to issuance of the first building permit. E. Any requested change to a development project subsequent to a development order may be subject to additional proportionate fair-share contributions to the extent the change would generate additional traffic that would require mitigation. F. Applicants may submit a letter to withdraw from the proportionate fair-share agreement at any time prior to the execution of the agreement. Upon receipt and acceptance of the letter, the County will provide the applicants notification that any determination of traffic concurrency granted for the Project as a result of the proposed fair-share agreement is void. The application fee and any associated advertising costs paid to Palm Beach County will be non-refundable. G. Palm Beach County may enter into proportionate fair-share agreements for selected corridor improvements to facilitate collaboration among multiple applicants on improvements to a shared transportation facility. Section. Appropriation of Fair-Share Revenues A. Proportionate fair-share revenues shall be placed in the appropriate project account for funding of scheduled improvements in the CIE, or as otherwise established in the terms of the proportionate fair-share agreement. Proportionate fair-share revenues may be used as the 0 percent local match for funding under the FDOT TRIP, or any other matching requirement for State and Federal grant programs as may be allowed by law. B. In the event a scheduled facility improvement is removed from the CIE, then the revenues collected for its construction may be applied toward the construction of another improvement within that same corridor or Impact Fee Benefit Zone that would mitigate the impacts of development pursuant to the requirements of Section.B.. U:\zoning\CODEREV\0\LDRAB\Meetings\-\Exhibit C - Prop Fair-Share Program -.doc LDRAB/LDRC August, 0 Exhibit C, Page of

10 EXHIBIT D ARTICLE TRAFFIC PERFORMANCE (INCLUDING RELATED ART..I., DEFINITIONS) (Updated //0) 0 0 Part. ULDC, Art..B., General (page of ), is hereby amended as follows: CHAPTER B Section General STANDARDS There is hereby established a TPS for all Major Thoroughfares within PBC. The second test relates to the modeling of traffic based upon Model Traffic evaluation of traffic five years in the future based upon information compiled in the TPS Database. It requires that Projects address traffic on any Link within the model. It requires that Total Model TPS Database Traffic not exceed the Adopted LOS on any Link or intersection. Part. ULDC, Art..B., Project Buildout/Model Standard (page of ), is hereby amended as follows: CHAPTER B STANDARDS Section Project Buildout/Model Standard Five Year Standard Part. ULDC, Art..B.B, Model Test Test (page of ), is hereby amended as follows: CHAPTER B STANDARDS Section Project Buildout/Model Standard Five Year Standard B. Model Test/Five Year Analysis Test. Except as specifically provided in this Article, no Site Specific Development Order shall be issued which would add Daily Net Trips to any Link within the Project's Model Radius Development Influence if the Total Model Traffic on that Link would result in an Average Daily Traffic volume, as determined by the Model, that exceeds the Adopted LOS. For purposes of this analysis, the construction contemplated in the Model Plan shall be the basis. No project shall be approved for a Site Specific Development Order unless it can be shown to satisfy the requirements of Test. This test requires analysis of Links and Major Intersections as necessary within or beyond the Radius of Development Influence, where a Project s traffic is Significant on a Link within the Radius of Development Influence. This analysis shall address the Total Traffic anticipated to be in place at the end of the fifth year of the Florida Department of Transportation Five-Year Transportation Improvement Program in effect at the time of traffic analysis submittal. The existing road network and Assured Construction at the time of traffic analysis submittal shall be the Test Road Network assumed in the analysis. If the number of lanes is different in each direction of a Link, both directions shall be evaluated against the applicable standard.. The Total Traffic in the peak hour on the Link shall be compared to thresholds in Table.B..C- A: LOS E Link Service Volumes, Peak Hour Traffic; two-way volume threshold. If the Total Traffic is equal to or lower than the thresholds, the Project shall pass Test Two. If the Total Traffic is higher than the applicable threshold, then the project fails Test Two. If the Project fails, the applicant may elect to complete a more detailed analysis as outlined below, to demonstrate compliance with Test Two. a. Optional Analysis i. On all links where the peak hour Total Traffic exceeds the Table.B..C- A, Peak Hour Traffic two-way volume thresholds, the Peak Hour directional traffic volumes on each link shall be compared to the thresholds in Table.B..C- A Class II. If the Total Traffic is equal to or lower than the thresholds, the project shall pass Test Two. If the peak hour Total Traffic is higher than the threshold, then the project fails. If the project fails, Optional Analysis ii may be completed as outlined below, to demonstrate compliance with Test Two. b. Optional Analysis ii. On all links where the Total Traffic peak hour directional volumes exceed the thresholds in Table.B..C- A, Class II, the Total Traffic peak hour LDRAB/LDRC August, 0 Exhibit D, Page of

11 EXHIBIT D ARTICLE TRAFFIC PERFORMANCE (INCLUDING RELATED ART..I., DEFINITIONS) (Updated //0) directional volumes shall be compared to the thresholds in Table.B..C- A, Class I, and the Major Intersections on each end of the failing Link shall be analyzed using the CMA analysis. If these intersections exceed the 0 Critical Volume, these intersections must meet LOS E using the HCM Operational Analysis. The Project shall pass Test Two using this Optional Analysis if: ) the Total Traffic peak hour directional volume on the Link is less than the thresholds in Table.B..C- A Class I; and ) the intersections are below the 00 Critical Volume or below the Delay Threshold in Table.B..C- B for LOS E. If the project fails Test Two using Optional Analysis ii but the intersections at the end of the failing link are below the 00 Critical Volume or below the Delay Threshold in Table.B..C- B, a more detailed analysis as outlined in Optional Analysis iii may be completed to demonstrate compliance with Test Two. c. Optional Analysis iii. On all links where the Total Traffic peak hour two-way and directional volumes exceeded the allowable thresholds in Optional Analysis ii, but the intersections at the end of a link did not exceed the 00 Critical Volume or the LOS E Intersection Threshold, the HCM Arterial Analysis Operational methodology shall be conducted. For these links, the project shall demonstrate that the Total Traffic peak hour directional volumes do not result in an average speed on the Segment that is lower than the speed thresholds for LOS E as defined in Table.B..C- C. If the speed is lower than LOS E, then the project fails Test Two. If the speed is equal to or higher than the LOS E speed threshold, then the project shall pass Test Two.. For proposed Projects generating more than seven,000 Daily Net Trips, except as specifically provided in this Article, no Site Specific Development Orders shall be issued which would add Net Trips to any Link within the Project s Model Radius of Development Influence if the Total Model Traffic (by utilization of Model to assign Net Trips) on that Link would result in an Average Daily Traffic volume, as determined by the Model, that exceeds the Adopted LOS. For purposes of this analysis, the construction contemplated in the Model Plan shall be the basis.. The Applicant may make link or intersection improvements in accordance with Palm Beach County or Florida Department of Transportation Design Standards, as applicable, in order to satisfy Test Two. If Test Two could be technically satisfied by improving the deficient Link(s), the County Engineer may determine that such improvements will not satisfy Test Two where such improvements do not result in additional capacity sufficient to solve the deficiency on the Major Thoroughfare Network or do not provide continuity based upon generally accepted traffic engineering principles. Part. ULDC, Art..B..C. [Related to Level of Service Standard.] (page of ) is hereby amended as follows: CHAPTER B STANDARDS Section Project Buildout/Model Standard Five Year Standard C. Level of Service Standard. The LOS E Standard Service Volumes for Average Daily Traffic, Peak Hour Traffic two-way and directional, applied to Link Tests, Peak Season, Peak Direction (Test for Links) are set forth in Table.B..C-, A. LOS E Link Service Volumes, The LOS E thresholds relative to intersections are set forth in Table.B..C- B, LOS E Intersection Thresholds. The LOS E thresholds associated with the HCM arterial analysis in terms of speed are provided in Table.B..C-.C, LOS E Speed Thresholds. Part. ULDC, Art..B..D, Radius of Development Influence/Project Significance ( of ) is hereby amended as follows: Note that text indicated with double underlined is pending Florida Department of Community Affairs (DCA) approval. LDRAB/LDRC August, 0 Exhibit D, Page of

12 CHAPTER B EXHIBIT D ARTICLE TRAFFIC PERFORMANCE (INCLUDING RELATED ART..I., DEFINITIONS) (Updated //0) STANDARDS 0 Section Project Buildout/Model Standard Five Year Standard D. Maximum Radius of Development Influence/Project Significance Table.B..D-, A and Table.B..D-, B represent the maximum Radius of Development Influence- (Test One) and Model Maximum Radius of Development Influence (Test Two) for the specific volume of the proposed Project s Net Trips. Where the distribution of the Project s Net Trips on the Major Thoroughfare system results in percent or more of its traffic assigned beyond the Radius of Development Influence on one link, the radius will expand to include the Links of the first Major Intersection beyond the RDI.. For Test One, a Project must address those Links within theradius of Development Influence on which its Net Trips are greater than one percent of the LOS D of the Link affected on a peak hour basis AND those Links outside the Radius of Development Influence on which its Net Trips are greater than five percent of the LOS D of the Link affected on a peak hour two way basis up to the limits set forth in Table.B..C- A: LOS D Link Service Volumes. Provided, in all cases, I- and Florida s Turnpike shall be addressed only if Net Trips on these facilities are greater than five percent of the LOS D of the Link affected on a peak hour basis up to the limits set forth in Table.B..C- A: LOS D Link Service Volumes.. For Test Two, a Project must address only those Links on which its Net Trips are greater than three percent of the LOS E of the Link affected on a peak hour two-way basis up to the limits set forth in Table.B..C-,.A: LOS E Link Service Volumes AND those Links outside the Radius of Development Influence on which its Net Trips are greater than five percent of the LOS D of the Link affected on a peak hour two-way basis up to the limits set forth in Table.B..C- A: LOS E Link Service Volumes. Provided, in all cases, I- and Florida s Turnpike shall be addressed only if Net Trips on these facilities are greater than five percent of the LOS E of the Link affected on an Peak Hour basis up to the limits set forth in Table.B..C-,.A: LOS E Link Service Volumes. Table.B..D--B identifies the thresholds for the purposes of defining project significance for Test One. The LOS D thresholds shall mean those peak hour two-way volumes listed in Table.B..c- A. Table.B..D--B identifies the Significance thresholds for Test Two. The LOS E thresholds shall be those ADT Peak Hour volumes listed in Table.B..C-.A. Pursuant to section.(), Florida Statutes, any Project which is below the Project Traffic Significance Level provided for in Tables.B..D--b and.b..d--b, must still meet the requirements of Test and Test if the Project affects a link within its radius of development influence that has been identified as ineligible for de minimis exception by the Florida Department of Community Affairs (DCA), or if such link is a designated hurricane evacuation route. This subsection shall not apply to a Project that consists of one single family home. Part. ULDC, Table.B..D-, A, Maximum Radius of Development Influence (page of ) is hereby amended as follows: Table.B..D- A: Test One Maximum Radius Of of Development Influence Net External Peak Hour Two-Way Trip Generation Radius thru Directly accessed link(s) of first accessed major thoroughfare(s) [Ord. 0 00] thru 0 0. miles thru 0 mile thru 00 miles 0 thru,000 miles,00 thru,000 miles,00 thru Up miles LDRAB/LDRC August, 0 Exhibit D, Page of

13 EXHIBIT D ARTICLE TRAFFIC PERFORMANCE (INCLUDING RELATED ART..I., DEFINITIONS) (Updated //0) Part. Part. ULDC, Table.B..D- B, Test Two Model Test Maximum Radius of Development Influence (page of ) is hereby amended as follows: Table.B..D- B: Test Two Model Test Maximum Radius of Development Influence Net Daily Trip Generation Radius 0 Need not address any Link under Test,000 Only address Project-Accessed Link on first accessed major thoroughfare.,00,000 mile,00,000 miles,00,000 miles,00,000 miles,00 up miles [Ord. 0 00] A Project must address only those Links on which its Net Trips are greater than three percent of the LOS E of the Link affected on an ADT basis up to the limits set forth in Table.B..C-,.B: LOS E Intersection Threshold. Provided, in all cases, I- shall be addressed only if Net Trips on I- are greater than five percent of the LOS E of the Link affected on an ADT basis up to the limits set forth in Table.B..C-,.B: LOS E Intersection Threshold. ULDC, Table Table.B..D- -B Test One Levels of Significance (page of ) is hereby amended as follows: Part. Table.B..D- -B Test One Levels of Significance Facility All Links (except I- and the Turnpike) I-/Turnpike Significance Level [Ord. 0 00] one percent LOS D within Radius, five percent LOS D outside Radius five percent LOS D ULDC, Art..B..D--B, Test Two Levels of Significance (page of ) is hereby amended as follows: Part. Table.B..D--B Test Two Levels of Significance Facility All Links (except I- and the Turnpike) I-/Turnpike Significance Level [Ord. 0 00] three percent LOS E within Radius, five percent LOS E outside Radius five percent LOS E ULDC, Art..C..B., Net Trips (page of ) is hereby amended as follows: CHAPTER C TRAFFIC IMPACT STUDIES Section Traffic Impact Study B. Criteria. Net Trips For proposed Projects generating more than seven thousand Net daily Trips, for Test Two the analysis shall include information sufficient for the County Engineer to utilize the Model to assign Net Trips to the Model Plan. [Renumber accordingly.] Part. ULDC, Art..C..C, Traffic Volume Components (page of ) is hereby amended as follows: LDRAB/LDRC August, 0 Exhibit D, Page of

14 EXHIBIT D ARTICLE TRAFFIC PERFORMANCE (INCLUDING RELATED ART..I., DEFINITIONS) (Updated //0) 0 0 CHAPTER C TRAFFIC IMPACT STUDIES Section Traffic Impact Study C. Traffic Volume Components The traffic impact study shall address the Total Traffic volumes at the Project Buildout Year and at a five-year time horizon the Model Forecast Year as outlined for Test One and Test Two. Part. ULDC, Art..C..C., Traffic Assignment (page of ) is hereby amended as follows: CHAPTER C TRAFFIC IMPACT STUDIES Section Traffic Impact Study C. Traffic Volume Components. Traffic Assignment Total Traffic shall be computed, and traffic assignments of the Net Trips made, for each Link and Major Intersection within the Projects Radius of Development Influence and Model Test Radius of Development Influence in conformity with accepted traffic engineering principles for both Test One, and Test Two. The assignments shall address phasing and cover the Buildout Period of the Project for Test One and a five year period for Test. Part. ULDC, Art..C..C., Background Traffic (page of ) is hereby amended as follows: CHAPTER C TRAFFIC IMPACT STUDIES Section Traffic Impact Study C. Traffic Volume Components. Background Traffic a. General Existing traffic volumes will likely change during the Buildout Period of the proposed Project and during the five-year Test analysis period. The traffic study must account for this change in traffic based on Background Traffic during the Buildout Period of the proposed Project and five-year Test analysis periods. The Projection of Background Traffic shall be based upon the information set forth on the Historical Traffic Growth Rate Table and the map of Major Projects in the TPS Database, and shall be established in accordance with the requirements set forth in this Article and accepted engineering principles. This change in traffic shall be shown as it relates to the proposed phasing. The Projection of Background Traffic during the Buildout Period of the proposed Project and five-year Test analysis period shall be based upon the TPS Database, and subject to the review and approval of the County Engineer, using the following criteria: ) Historical growth shown on tables of County Engineer; ) Characteristics of growth in the Radius of Development Influence; ) Extent of existing, approved, and anticipated development in the Radius of Development Influence; ) Types and sizes of development in the area; ) Traffic circulation in the area; ) Major Projects' impact; ) New and assured road construction. b. Historical Growth Tables Using the Historical Traffic Growth Tables of the County Engineer, the study shall forecast the change in traffic volumes based on Background Traffic within the proposed Project's Radius of Development Influence during the Buildout Period of the proposed Project. This change shall be on an average peak hour basis and a Peak Season, Peak LDRAB/LDRC August, 0 Exhibit D, Page of

15 EXHIBIT D ARTICLE TRAFFIC PERFORMANCE (INCLUDING RELATED ART..I., DEFINITIONS) (Updated //0) Part. Hours-Peak direction basis if optional analyses are selected. The effect of Major Projects residential and non-residential projects shall be considered in projecting the increase or decrease in traffic volumes so as to ensure that there is no double counting or omission in Background Traffic. In using the historical growth tables, engineering judgment shall be used to take into account special circumstances such as the opening of a parallel road or a high traffic generation that may distort the growth trend. For Projects with a lengthy buildout time (five years or more) an area wide growth rate using a number of locations in the tables may be appropriate. No growth rate less than zero percent may be used without approval of the County Engineer when the growth rate is a negative. Zero percent shall be used unless approved by the County Engineer. c. Major Project Tables TPS Database Using the Major Project Tables TPS Database, all traffic from the unbuilt portion of Major Projects which have received a concurrency reservation prior to the County Engineer's approval of the proposed Project s traffic study which will add more significant trips than ten percent of the LOS D Table.B..C-, A: LOS D Link Service Volumes, to any Link within the proposed Project's Radius of Development Influence during the Buildout Period of proposed Project shall be specifically accounted for in projecting Traffic for Test. No double counting of trips shall occur. and the historically derived projections shall be adjusted based upon the impact of Major Projects. For Test, only the traffic generated from the unbuilt portions of the Major Projects as set forth above which are projected to be built during the Buildout Five-Year Analysis Period of the proposed Project shall be considered. [Ord. 0-00] ULDC, Art..D, Modeling of Trips (pages and of ) is hereby deleted in entirety. [Renumber accordingly.] Part. ULDC, Art..I., Definitions, (pages,, of ) is hereby amended as follows: M. Terms defined herein or referenced Article shall have the following meanings:. Major Project- for purposes of Art.. any Project, including those within municipalities, which is: a. A Development of Regional Impact; b. A project which generates more than seven 00 Net peak hour two-way Trips; or c. Any project of any type or size which is contractually or by condition of approval bound to financing or constructing any portion of a Major Thoroughfare which is not site related.. Major Project Table- for purposes of Art., a table or tables (or map) prepared by the County Engineer indicating the location of all Major Projects in PBC.. Model - for the purposes of Art., the Florida Standard Urban Transportation Modeling Structure, using socioeconomic data to assign trips between traffic analysis zones on the Major Thoroughfare system on a daily basis.. Model Plan - for the purposes of Art., the Transportation System for PBC Highway Component by the Palm Beach MPO, as amended by the County Engineer, to be published twice annually.. Model Radius of Development Influence for the purposes of Art., the radius of development influence used in the model as set forth in Table.B..D-, B: Test Model Test Maximum Radius Development Influence. The distance shall be measured in road miles from the point at which the Proposed Project's traffic enters the first Link, not as a geometric radius. [Text relocated to new definition Test Radius of Development Influence.]. Model Table - for the purposes of Art., the table or map of the Major Thoroughfares maintained by the office of the MPO showing Model Traffic. 0. Model Traffic - for the purposes of Art., the anticipated traffic assigned by the Model on the future Major Thoroughfare system resulting from all approved (both built and unbuilt) Projects, expressed in terms of Average Daily Traffic, as adjusted in accordance with generally accepted traffic engineering principles to more closely match PBC conditions. [Renumber accordingly.] R. Terms defined herein or referenced Article shall have the following meanings: LDRAB/LDRC August, 0 Exhibit D, Page of

16 EXHIBIT D ARTICLE TRAFFIC PERFORMANCE (INCLUDING RELATED ART..I., DEFINITIONS) (Updated //0) Radius of Development of Influence - for the purposes of Art., the area surrounding a proposed Project as set forth in Table.B..D-, A: Test One - Maximum Radius of Development Influence or Table.B.D- B: Test Two Radius of Development Influence herein. The distance shall be measured in road miles from the point at which the proposed Project's traffic enters the first Link, or Links, not as a geometric radius. If a Project s Traffic is only significant in one direction from the point at which it enters the first Link, then the Radius of Development Influence shall only include that portion of the first Link. [Ord. 0-00] S. Terms defined herein or referenced Article shall have the following meanings:. Segment for the purposes of Art., a section of roadway containing thoroughfare and non-thoroughfare Links and intersections which comprise a unit of roadway, or sufficient length and characteristics to be defined by the County Engineer, for the HCM operational analysis allowed under Test One Link Analysis Alternative Optional Analysis iii or Test Optional Analysis iii. T. Terms defined herein or referenced Article shall have the following meanings:. Test Radius of Development Influence for the purposes of Art., the radius of development influence used in Test as set forth in Table.B..D--B: Test Radius Development Influence. The distance shall be measured in road miles from the point at which the Proposed Project's traffic enters the first Link, not as a geometric radius. [Text relocated from deleted definition Model Radius of Development Influence.]. Test Road Network for purposes of Art., the Thoroughfare Plan roadway network that will be in place or is anticipated to have construction commenced by the end of the -Year Analysis Period for Test. This includes any roadway projects for which construction funds are budgeted within the Palm Beach County -Year Road Program and FDOT -Year Transportation Improvement Program in effect at the time of the traffic analysis submittal. [Renumber accordingly.]. TPS Database for purposes of Art., a database which was initially approved by the Board of County Commissioners on. On an ongoing basis, the Database compiles traffic from existing traffic counts as well as approved but unbuilt developments for each Link and Major Intersection on the County s Major Thoroughfare network in order to provide Background Traffic volumes for use in traffic studies addressing compliance with Test and Test. The Database shall also identify the double counting adjustment and historic growth rate, derived from the Historic Traffic Growth Table, that is appropriate for each Link and Major Intersection. The Background Traffic data shall be maintained by the County and updated to reflect all new project concurrency approvals as well as the buildout status of previously-approved projects. [Renumber accordingly.]. Traffic Impact Study for the purposes of Art., a traffic study of Links and intersections within the Test Radius of Development Influence and Model Test Radius of Development Influence of a proposed Project; and including the information, and prepared in accordance with the requirements, set forth in Art..C..C., Traffic Generation. For the Transportation Element of the Plan, it is the LOS Impact Statement referred to in the Capital Improvement Element of the Plan. U:\zoning\CODEREV\0\LDRAB\Meetings\-\Exhibit D - Art. Traffic Performance Standards.doc LDRAB/LDRC August, 0 Exhibit D, Page of