Press Releases

Joint Use and TOD Policy document review

JTA is asking for feedback on the proposed Joint Use and TOD Policy. You will find the policy below. Deadline for comments is Friday, October 25, 2013. There will be a public meeting on this subject Thursday, October 24 from 5-7 p.m. at JTA (100 N. Myrtle Ave.). Please share your comments with Keith Brown, joint use development officer, through email at jkbrown@jtafla.com

 

DRAFT JOINT USE AND TRANSIT-ORIENTED DEVELOPMENT
POLICIES AND GUIDELINES

 TABLE OF CONTENTS

 I.  PURPOSE AND APPLICABILITY      
II. GOALS                        
III. STRATEGIES FOR GOAL ATTAINMENT     
IV. PROPOSAL SOLICITATION AND EVALUATION PROCESS       
V. SUSTAINABLE BUILDING PRACTICES        
VI. TRANSIT-RELATED DEVELOPMENT       
VII. PUBLIC ART                          
VIII. STATION AREA PLANNING      
IX. INTERGOVERNMENTAL RELATIONS   

 

 

JOINT USE AND TRANSIT-ORIENTED DEVELOPMENT
POLICIES AND GUIDELINES

I.                    Purpose and Applicability
A.  PURPOSE

Transportation infrastructure and land development planning should be undertaken in a cooperative manner.  If either effort proceeds without consideration of the interactions between the two, significant unnecessary burdens are imposed, including the need for additional tax revenues to build additional infrastructure, traffic congestion, and its accompanying ills.  The purpose of this Policy is to address one aspect of this confluence of land development and transportation planning: the so-called "transit-oriented development," or "TOD." In this Policy, that term is given a broad meaning, including but not limited to the "classic" sense of high-intensity, mixed use developments occurring within a given distance of a fixed guideway transit station. Additionally, Joint Use Development is a sub-set of TOD; where, the property interests are owned or controlled by JTA and development is undertaken with a private sector partner through either land sale or lease.  
  

Land development and redevelopment in areas adjacent to transit facilities such as Skyway stations, bus rapid transit stations, and intermodal stations, will impact and be influenced by those transit facilities. Among other significant impacts, such development can affect transit ridership and trip share, which in turn affect such key elements as farebox recovery, transportation system congestion, and parking demand.  Conversely, transit facilities will influence such things as the character of the adjacent development, cost of infrastructure to support the development, and the desirability and sustainability of the development.  Therefore, it is essential to have established goals, evaluation criteria, procedures and practices to ensure that these mutual impacts and influences are positive for both the transit facilities and operations of the JTA and its patrons, and the character and operations of the adjacent development and its patrons.

This Policy establishes the framework that JTA will use in:

(a) evaluating development proposals on property owned or controlled by JTA at existing or planned transit facilities;

(b) cooperation with local jurisdictions and government approval agencies, to encourage TOD on other private or public property adjacent to JTA transit facilities;   

(c) identifying the roles and responsibilities of the JTA Board of Directors, the Chief Executive Officer or his designee and JTA staff; and

(d) defining the process for considering unsolicited proposals.

B. APPLICABILITY

This Policy will be applied, with appropriate modulation consistent with the scope of the subject development (land use or transit facility), to existing and future transit facilities.  Such facilities include the existing and future fixed guideway stations of Skyway, light rail, commuter rail, as well as bus rapid transit stations and traditional bus hubs, and associated park-and-ride or other parking facilities. 

In this Policy, it is recognized that specific development opportunities and development projects at or around current and future transit facilities may differ in size, intensity, land use mix, and design elements; however, JTA's permitting of, participation in and encouragement of projects and development plans at or around current and future transit facilities, large-scale or modest, should endeavor to achieve the goals set forth in this Policy.

II.                  Goals

In its TOD and Joint Use Development activities (including the sale or leasing of land, air space or interests in land) as well as in its transportation facilities planning related to stations (including the acquisition, planning, design location and nature of transit facilities, and the location and nature of physical improvements ancillary to transit facilities), and in the promotion and support of public,  private or joint development at or around current and future transit facilities), JTA shall seek to serve the following goals:

1)      Increase and enhance transit ridership, "peak hour" transit share and the transit experience on the JTA system;

2)      Provide a financial return to JTA on its transit-related assets and create a source of revenue to support transit operations;

3)      Establish, encourage and enhance community development and planning objectives for development at or around transit facilities which will support transit use and transit accessibility, and reduce auto dependency and Vehicle Miles of Travel (VMT);

4)      Demonstrate the efficiency (in terms of private and public costs, public and private economic and social returns, permitting, and sustainability) of coordinated land development adjacent to current and planned transit facilities; and

5)      Encourage residential and mixed-use development projects that include affordable and workforce housing.

These goals shall inform decisions made within this Policy, and the interpretation of this Policy.

 

III.                Strategies for Goal Attainment

The following are some of the strategies that the JTA will pursue to encourage and support TOD, and the TOD goals set forth in this Policy, throughout its jurisdiction:

a.      JTA will support transit-compatible land use plans that enhance JTA’s multi-modal transit, ridership and revenue goals, including compatible land development of JTA-owned or leased properties adjacent to existing or planned transit elements. 

b.      In accordance with state laws and JTA's rules and policies, JTA will solicit proposals, or receive and evaluate unsolicited proposals, for private or Joint Use Development of its various current and future property holdings adjacent to current or planned transit facilities

c.       JTA will encourage cooperative and joint development and public-private partnership opportunities in the acquisition of property, planning for new transit facilities, and construction and renovation of transit facilities in a coordinated manner with TOD opportunities.

d.      In the planning of a transit corridor project, JTA will evaluate station sites and develop strategies and concepts to integrate stations and other transit facilities with adjacent properties, with an emphasis on transit ridership increase and enhancement through TOD potential.

e.      In cooperation with local jurisdictions, JTA will support and encourage development proposals on non-JTA owned property adjacent to or near existing and planned transit facilities that meet the goals of this Policy.

f.        JTA will actively encourage and allow surrounding property owners/developers to construct direct connections and/or pedestrian connections from their properties to transit stations to support the use of the transit station, including through incentives and shared common developments.

g.      In consultation with local jurisdictions and with community input, JTA will prepare specific station area plans and guidelines for the stations and adjacent properties that are compatible with the nature, scale and aesthetics of the surrounding community.

h.      JTA will consult and work cooperatively with local jurisdictions, redevelopment agencies, state agencies, developers, and other private and public sector entities to promote and encourage land use policies and plans that support TOD goals and strategies, including the following: supporting alternative circulation concurrency concepts for projects which encourage transit use and effective transit share; actively seeking in-fill development opportunities at existing and planned transit facilities; and actively promoting the development of transit system elements as relievers for congested roadway links. 

i.        JTA will support a variety of strategies and incentives, where appropriate and allowed by local jurisdictions, to encourage compact mixed-use development, such as TOD overlay zoning, increased density and density bonus allowances, shared parking and optimal parking standards, and alternative concurrency provisions. 

j.        Projects with a residential component will be encouraged to provide a range of housing types to meet the needs of a diversity of household income, units affordable to lower AMI percentiles, size and age groups.

k.       Where appropriate, including for demonstration purposes, JTA will acquire property adjacent to existing or planned transit stations to enhance TOD development and its positive impact on transit ridership and transit share, for master planning and development by one or more private developers.

l.        JTA will cooperatively work with adjacent property owners/developers through planning assistance, coordination with government approval processes, and promotion and marketing of projects that achieve JTA's Joint Use and TOD goals.

m.    JTA will work with advocacy organizations, such as the Urban Land Institute and Reconnecting America, to promote TOD, develop educational programs and materials, and establish best practices.

n.      JTA expects its development partners to embrace sustainable design, construction, and operating practices at the project level.

IV.               Proposal Solicitation and Evaluation Process

A.  MAJOR RESPONSIBILITIES

The JTA Joint Use and TOD program is implemented through the combined efforts of the Board, the Chief Executive Officer or his designee, and JTA staff. Their major roles and responsibilities are outlined below:

a. JTA Board of Directors

The JTA Board of Directors establishes joint development policies, exercises specific approvals within the joint development process, and maintains oversight of the joint development program. In fulfilling these roles in the Joint Development program, the Board must comply with the Code of Ethics for Members of the JTA Board of Directors.

The Board’s responsibilities include:

                        1. Approve Joint Use and TOD policies, goals and objectives.
                       
2. Approval of preliminary developer selection and a non-binding term sheet based on staff recommendation.
                        
3. Approval of terms of a binding Joint Development Agreement (the final contract) with the designated
                          
developer.
                       
4. Approval of amendments to Joint Development Agreements having one of the following: (a) a value over
                           
 $100,000, (b) an assignment or a change in ownership or development team composition, (c) any material
                          
 amendment that reduces compensation to JTA, extends the Term or changes proposed uses or elements, or
                           
 (d) any amendment or modification which would require Board approval pursuant to applicable law or any
                             other JTA rule.

 

 

b.      Chief Executive Officer or his designee and JTA Staff responsibilities include:

The Chief Executive Officer or his designee is responsible for the overall management, administration and conduct of joint development activities on behalf of JTA. Included among these responsibilities are:

1. Establishment of development goals and station area needs.

2. Establishment of a process leading to internal and external decisions on use of JTA property.

3. Prioritization of projects/development opportunities and establishing overall program pace to achieve highest quality project outcomes.

4. Establish objectives that broadly emphasize enhancement of land development potential and, ultimately, development of land, and more specifically, include: station area planning; participation in, and advocacy for, station area TOD planning; marketing of development opportunities; selection of development partners; and negotiation of final agreements.

5. Minimization of time required to reach agreement with development partners.

6. Presentation of development projects to communities along with local jurisdictions and developers.

7. Collaboration with developers to obtain zoning and development approvals (with the level of JTA involvement dependent on project specifics).

8. Use of mechanisms that maximize developer interest and competitive pricing of joint development projects.

9. Staff is responsible for developing solicitation proposals and evaluating unsolicited proposals pursuant to Section B. Additionally, Staff will submit recommendations to the CEO and Board on selected development partners and proposals.

10.  The CEO may approve and execute amendments to Joint Development Agreements having a value of $100,000 or less and which do not meet any of the criteria requiring Board approval as set forth in Article IV.A.a,4 above; provided that the CEO shall provide the Board with a written summary report regarding such amendment and setting forth the reason for approval.

B. GENERAL

JTA may solicit for and consider proposals for Joint Use and TOD at its properties under a competitive selection process in accordance with Section 287.0512, Florida Statutes and/or Section 349.22, Florida Statutes, as applicable, and as described in this Policy and in JTA's Consolidated Procurement Rules. In addition, JTA may consider unsolicited proposals for Joint Use Development or TOD of and near current and planned transit facilities which support the goals of this Policy. 

The procedures and rules for development and issuance of Requests for Proposals (RFP's) for Joint Use Development and TOD opportunities, and for the evaluation and recommendations with respect to proposals received in response to these RFP's, shall be as set forth in JTA's Consolidated Procurement Rules. The procedures and rules for evaluation and recommendations with respect to unsolicited proposals for Joint Use Development and TOD at or adjacent to JTA transit facilities shall be as set forth in JTA's Consolidated Procurement Rules.  However, the evaluation criteria for such proposals (solicited or unsolicited) shall include the criteria set forth in this Policy, as well as such criteria from the Consolidated Procurement Rule and such other site-specific criteria as may be determined by JTA.  In addition, the following special conditions shall apply to the evaluation of such unsolicited proposals:

a.      As outlined in Procurement Rule No. 002, Section 6, JTA shall require an administrative fee of $25,000.  JTA may increase this fee when, in its reasonable estimation, the costs of evaluating the proposal will exceed that amount. The JTA may engage the services of a private consultant to assist in the evaluation and those costs shall be paid by the proposer and may charge a reasonable fee to cover the costs of processing, reviewing, and evaluating any unsolicited proposal, including, but not limited to, reasonable attorney fees and fees for financial and technical advisors or consultants and for other necessary advisors or consultants. Refer to Procurement Rule No. 2, Section 6, Unsolicited Proposals for a full understanding of JTA’s requirements and rules.

b.      Within 30 business days of receipt of the unsolicited proposal JTA will respond to the proposer and the JTA Board of Directors. This response will acknowledge receipt, will provide general information about the process which will be followed by JTA and may request additional information or clarifications from the proposer.  Nothing herein shall limit the time for JTA staff to fully evaluate such proposal.

c.       Upon receipt of any unsolicited proposal which JTA does not otherwise reject, or upon determination to issue a request for proposals for a Joint Use Development or TOD, JTA shall publish notice in the Florida Administrative Weekly and a newspaper of general circulation in the county where the propose project is located and in such other publications as the Vice President of Long Range Planning and System Development may determine, as follows: (i) as to proposals encompassing up to one acre (total JTA and non-JTA lands), daily for at least one week or twice in a consecutive two week period (and twice in weekly publications and once in monthly publications); (ii) as to proposals encompassing more than one acre and less than five acres, once a week in a consecutive three week period (and three times in weekly publications and once in monthly publications); and (iii) as to proposals encompassing more than five acres, once a week in a consecutive four week period (and four times in weekly publications and twice in monthly publications).  JTA shall advertise that it will receive competing proposals for a period not less than 60 days (90 days in the case of proposals encompassing more than five acres) from the date of first publication.

d.      JTA shall not be required to accept or recommend an unsolicited proposal, whether or not any competing proposals are received.  JTA reserves the right to:

                                                                                                  i.      reject the unsolicited proposal, or any other proposal received by JTA and to take no further action because in JTA’s judgment the proposal or proposals in question would be untimely, inappropriate, or not in JTA’s best interest;

                                                                                                ii.      negotiate modifications to any proposal that it deems acceptable;

                                                                                              iii.      request and consider additional information from any proposer;

                                                                                               iv.      waive minor irregularities and defects in the request for proposal, the advertisement thereof, the proposal process or any or all proposals received;

                                                                                                 v.      seek new proposals when it determines that it is in its best interest to do so; and

                                                                                               vi.      the right not to proceed with the award of a contract for any reason and, if an award is made, to cancel the award at any time until a formal contract is fully executed and approved by JTA, without any liability except for return of any bid bond or guarantee.

e.       In determining whether to accept an unsolicited proposal, the JTA staff will review the proposal based on criteria in Section C.  Further, the staff shall consider:

                                                                                                  i      whether JTA has  an on-going operational use for the property;

                                                                                                ii.      development of the general type and scale proposed is incompatible with the Joint Use and TOD Policy and Guidelines and/or plans of the local jurisdiction;

                                                                                              iii.      whether the proposal lacks a station area master plan; and

                                                                                               iv.      whether a reasonable economic value can be realized from the property in the proposed timeframe.

If JTA decides to reject any proposal and take no further action, it shall so notify the unsolicited proposer.

C.  SPECIFIC CRITERIA

Developers will be required to submit information concerning their proposed development for the subject Joint Use Development or TOD project, which will be detailed in the solicitation materials prepared by the staff of JTA.  Among the items which will be required are the following.  In addition, site-specific conditions and requirements will be set forth in the solicitation materials, as appropriate, including any applicable special or unique criteria.

a.      Description of the physical proximity of each development element to the transit facility interface, including site plan and circulation scheme.

b.      Description of each development element, phasing schedule, architectural theme, parking, zoning requirements and other key development approval matters.

c.       Description of pedestrian connections between and among development elements, transit facilities, and parking including  covered or uncovered walkways, public art or landscaping elements, and any other provisions to promote walkability and pedestrian accessibility within the development and to surrounding development and transportation facilities.

d.      Description of any public spaces, parks, or other open space within the development.

e.      Description of any environmental conditions or considerations affecting the project and plans for addressing such issues.

f.        Description of development densities and transition to surrounding neighborhoods and developments.

g.      Character of proposed development in furthering transit-oriented development in the applicable transit corridor; or, as applicable, character of infill TOD in furthering transit system.

h.      Anticipated transit ridership share from development unit owners, employees, guests, and anticipated increase in transit system ridership.

i.        Description of affordable housing goal to include multiple stakeholder collaboration in the financial feasibility of mixed-use, mixed-income projects.   

j.        Relationship of uses, density, architectural elements and common elements to surrounding community.

k.       Services provided to transit patrons from uses within the development.

l.        Incentives to be provided by developer, development unit owners or other governmental or private third-party participants to encourage transit use by owners, tenants, and guests.

m.    Preservation of corridors and space for future transit facilities and intermodal facilities at the site.

n.      Potential for extended adjacent development to be transit-related.

o.      Total return to JTA (rents, sale proceeds, contributions to transit facilities, parking revenues, transit revenues), and total required investment by JTA.

p.      Project financial feasibility and developer financial capacity, including ability to obtain and maintain any required security or performance bonds and/or insurance. Additionally, proposers will provide detailed information regarding any anticipated sources of public or private funds or financing and any “soft” money (e.g. HOME Funds, Community Development Block Grant,  etc.), tax credits (LIHTA, New Market, or Historical Tax Credits), Brownfield Redevelopment program funding, or any other subsidy, or other financing mechanisms they intend to utilize or pursue to fill the financing gap.

q.      The proposed developer's experience, reputation, history and references as to similar projects and specifically as to prior dealings with JTA.  The proposed developer shall identify all individual team members, their organizations, and their titles within their organizations. Additionally, individuals shall include all active and passive partners, principals, project leaders, as well as any other person who will have an active role in project management and decision making.

V.                 SUSTAINABLE BUILDING PRACTICES

JTA strongly supports the use of sustainable building practices. Joint Use Development and TOD inherently contributes to sustainability by attracting dense, mixed-use development to sites served by transit and by other forms of existing infrastructure. Many Joint Use and TOD sites will be located in existing community nodes or neighborhood centers or on Brownfield’s. JTA specifically expects its development partners to embrace sustainable design, construction, and operating practices at the project level.

In adopting this policy, JTA takes particular note of the Sustainable Building Ordinance Program for the City of Jacksonville. For joint development projects in the City of Jacksonville, JTA will include the proposed standards or comparable standards as a provision of each RFP and Joint Development Agreement. JTA will include the standards, unless the City determines that they do not apply or grants a variance. For joint development projects in jurisdictions other than the City of Jacksonville, JTA will apply sustainable building standards comparable to Sustainable Building Ordinance Program for the City of Jacksonville, unless the jurisdiction in question adopts a higher standard.

To the degree consistent with zoning, JTA supports joint development projects that exceed the applicable Sustainable Building Ordinance Program for the City of Jacksonville or local jurisdictional standard.

VI.               Transit-Related Development

Conditions currently exist at JTA transit facilities (and will occur at future transit facilities) which do not permit the establishment of traditional transit-oriented development as a result of site size, surrounding development, site immaturity (from a development standpoint), and nature of transit services provided.  In such circumstances, JTA may still consider seeking proposals for coordinated development of JTA-owned or JTA-controlled property in the vicinity of the transit facility (or JTA may consider unsolicited proposals for such properties), and will evaluate and encourage such development in accordance with such of the goals and strategies as can reasonably be made applicable to such projects.  By way of example, JTA may encourage, through the joint creation of pedestrian amenities, for example, small-scale commercial developments near transit facilities as a means of enhancing the ridership experience of transit patrons.  In evaluating such opportunities, JTA shall also consider the potential transit facilities developments at such locations, and its potential needs for additional lands to accommodate future transit facilities development.

VII.             PUBLIC ART

As of the adoption of the Joint Use and TOD Policy and Guidelines, JTA encourages permanent contemporary artwork that supports The Art in Public Places Ordinance adopted by the City of Jacksonville City Council, revised and approved by the Mayor in May 2002. The Jacksonville Art in Public Places Program seeks to provide for the City of Jacksonville a realization of the goals set forth in the Ordinance including:

1.      Add to the cultural heritage of the City through aesthetic enhancement of the environment.

2.      Make art of excellent quality accessible to all the diverse elements of our population including children, thus stimulating intellectual growth and artistic growth.

3.      Create focal points within the City for the enjoyment and contemplation of fine art.

4.      Enhance the stature of the City by defining its commitment to artists and to the creative process as a vital element of urban dynamics.

VIII.      Station area planning

JTA may undertake station area planning at specific transit station sites, and TOD proposals and JTA land acquisition and disposition shall be guided by and consistent with such station area plans. 

Station Area Plans shall reflect the goals of this Policy.  At a minimum, Station Area Plans will define uses, connectivity, design standards, parking policies, etc. The plans shall at a minimum include the following elements:

(i)                 proposed land use by type of use and density within the Station Area (up to a one-half-mile radius);

(ii)                station access and circulation plans for motorized, non-motorized and transit access;

(iii)             transit village design policies and standards, including mixed use developments and pedestrian-scaled block size; and

(iv)               transit-oriented parking facilities and standards, including consideration of pricing and provisions for shared parking.

Ix.        INTERGOVERNMENTAL RELATIONS

Achieving the goals of this Policy will require coordination of various efforts and decisions by local, regional, state and federal agencies and entities.  To promote the goals of this Policy, JTA may undertake coordination activities with regard to specific transit station sites and transit corridors or other transportation-related planning, financing, development, construction and operational services in accordance with applicable law and JTA rules.  Further, JTA may assist prospective developers with their permitting and approval processes as part of the intergovernmental coordination efforts, as required to achieve the Policy goals.