A.

In general. No development activity may be approved unless it is found that the development is consistent with the State of Florida Comprehensive Plan, the Countywide Plan Map and Rules and the City of Belleair Bluffs Comprehensive Plan.

B.

Chapter 2012-245 of the Laws of Florida, as amended, requires all local government future land use plans and land development regulations in Pinellas County to be consistent with the Countywide Plan Map and Rules. To accomplish this requirement, the City of Belleair Bluffs will coordinate with the Pinellas Planning Council so as to achieve and maintain consistency with the Countywide Plan Map and Rules.

C.

The adoption of the future land use map of the city's Comprehensive Plan, or any amendment to the future land use map, shall be under the provisions of §§ 163.3184 and 163.3187 of the Florida Statutes. Corresponding Countywide Plan Map amendments shall be subject to approval by the Countywide Planning Authority upon the recommendation of the Pinellas Planning Council, per the Countywide Plan Map amendment process.

D.

Determining consistency with the Countywide Plan Map and Rules.

(1)

If a development proposal is found to meet all the requirements of this code, it shall be presumed to be consistent with the Countywide Plan Map and Rules. The city may, however, question the consistency of a development proposal with the Comprehensive Plan.

(2)

If a question of consistency is raised, the City Commission shall make a determination of consistency or inconsistency and support that determination with written findings.

(Amended 7-20-2015 by Ord. No. 2015-22, § 1)

Editor's note— Ord. No. 2015-22, § 1, adopted July 20, 2015, changed the title of § 102-87 from "Consistency with Pinellas County Comprehensive Plan" to read as herein set out.

A.

Pinellas County Land Development code section 134-225 establishes the concurrency management system that ensures that the impact of development orders and permits will not degrade the levels of service adopted by the county.

B.

The procedure set forth in section 134-225 shall apply to and are adopted by the City of Belleair Bluffs as its procedures. The levels of service will be established for the following categories:

(1)

Water supply.

(2)

Sanitary sewer.

(3)

Solid waste and resource and recovery.

(4)

Drainage.

(5)

Recreation and open space.

(6)

Traffic circulation.

(7)

Mass transit.

(8)

NPDES requirements.

C.

The levels of service, as established by the Concurrency Management System of Pinellas County, are hereby adopted by the City of Belleair Bluffs as the applicable levels of service for the city.

(1)

No development activity may be approved unless it meets the requirements designed to ensure that certain public services are available at prescribed levels of service concurrent with the impacts of the development.

(2)

Notwithstanding the foregoing, the prescribed levels of service may be degraded during construction of new facilities if, upon completion of the new facilities, the prescribed levels of service will be met.

D.

The determination for any project or permit to meet the concurrency requirements shall be made by filing an application, as defined in the Methods and Procedures Manual, with the Pinellas County Planning Department. The Pinellas County Planning Department will review the application against the latest concurrency test statement as adopted by the county.

E.

A certificate of concurrency will be issued by Pinellas County if the application meets the standards established. An approved certificate of concurrency shall be valid for 12 months after the date of issuance.

F.

The burden of meeting the prescribed levels of service shall be upon the applicant for a development order or permit.

G.

Levels of service.

(1)

The following levels of service shall be the standards for reviewing applications for concurrency certificates:

(a)

Drainage:

[1]

The 25-year storm drainage standard will confine the 25-year six-hour storm event within the drainage channel banks or within the 25-year floodplain.

[2]

The 100-year storm design standard will confine the 100-year 24-hour storm event to streets and yards. All applicable federal, state and water management district regulations will be adhered to, including but not limited to Chapters 40D-4 and 40D-40 of the Florida Administrative code and the Pinellas County Floodplain code.

[3]

The requirements of NPDES regulations.

(b)

Recreation and open space. The level of service standards for developed parkland will be three acres for every 1,000 residents or 0.003 acre per person.

(c)

Solid waste and resource recovery. The level of service standard shall be based on 1.30 tons of solid waste per person per year.

(d)

Water supply. The level of service standard shall be 150 gallons per person per day based on an annual average.

(e)

Sanitary sewer. The level of service standard shall be 104 gallons per day per person based on an annual average.

(f)

Traffic circulation. The level of service standards shall be evaluated by using the Florida Department of Transportation's Generalized Peak Hour Level of Service Maximum Volume by its most recent or closest equivalent standards. For the collection and arterial roads in the City of Belleair Bluffs, the standards shall be C for early traffic and D for peak hour traffic.

(g)

Mass transit. Such levels of service as are determined by Pinellas County.

(2)

The above levels of service shall be measured according to the directions contained in the Methods and Procedures Manual issued by Pinellas County.

(Amended 2-14-2005 by Ord. No. 2004-16, § 1; amended 1-16-2007 by Ord. No. 2006-08, § 2)

A.

General requirements.

1.

An applicant may choose to satisfy the transportation concurrency requirements of the city by making a proportionate fair-share contribution, pursuant to the following requirements:

a.

The proposed development is consistent with the comprehensive plan and applicable land development regulations; and

b.

The six-year schedule of capital improvements in the City of Belleair Bluffs Capital Improvement Element (CIE) includes a transportation improvement(s) that, upon completion, will mitigate the transportation impacts of the proposed development in accordance with the requirements of this subsection.

2.

The applicant may also choose to satisfy transportation concurrency by contributing to an improvement that, upon completion, will satisfy the requirements of this subsection, but that is not contained in the CIE where the following apply:

a.

The City of Belleair Bluffs adopts, by resolution or ordinance, a commitment to add the improvement to the CIE no later than the next regularly scheduled update. To qualify for consideration under this subsection, the proposed improvement must be determined to be financially feasible pursuant to § 163.3180(16)(b)1, F.S., consistent with the comprehensive plan, and in compliance with the provisions of this subsection. Financial feasibility for this subsection means that additional contributions, payments or funding sources are reasonably anticipated during a period not to exceed ten years to fully mitigate impacts on the transportation facilities.

b.

If the funds allocated for the CIE are insufficient to fully fund construction of a transportation improvement required for the applicant to comply with the terms of this subsection, the city may enter into a binding proportionate fair-share agreement with the applicant authorizing construction of that amount of development on which the proportionate fair-share is calculated if the proportionate fair-share amount in such agreement is sufficient to pay for one or more improvements which will significantly benefit the impacted transportation system.

c.

The improvement or improvements funded by the proportionate fair-share component must be adopted into the CIE.

d.

Any improvement project proposed to meet the applicant's fair-share obligation must meet design standards of the city and FDOT as applicable.

B.

Proportionate fair share mitigation agreement.

1.

Upon notification that a proposed development project is subject to transportation concurrency regulations and is eligible to participate in the proportionate fair share program, the applicant shall be notified in writing of such during the site plan review process pursuant to the requirements of

2.

If the applicant chooses to exercise this concurrency option, a meeting shall be held to discuss eligibility, application submittal requirements, potential mitigation options, and related issues. .

3.

After a mitigation project is identified and agreed upon by the city, and the applicant, a proposed proportionate fair-share obligation and binding agreement will be prepared by the city or the applicant with direction from the city. The final agreement will become a part of the site plan submittal which will be delivered to the appropriate parties for review. Final approval of the site plan and agreement rests with the city commission.

C.

Determining proportionate fair-share obligation.

1.

The proportionate fair-share obligation shall be based on the impact a development has on a transportation facility as determined by a traffic impact analysis that assesses the volume of traffic generated by the proposed development.

2.

A facility shall be considered impacted when the net trips generated by the proposed development meets or exceeds five percent of the facility's peak hour capacity.

3.

Should the impacted facility be operating at an LOS that meets the locally adopted LOS standard, it would not be eligible for the application of proportionate fair share provisions.

4.

Should the impacted facility be operating at a substandard LOS based on existing conditions or as a result of the impacts of a proposed development, the facility would be identified as eligible for proportionate fair share provisions and the applicant would be notified as such.

5.

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.

6.

A development 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.

7.

The methodology used to calculate an applicant's proportionate fair-share obligation shall be as provided for in Section 163.3180 (12), 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 = |Ms[(Development Trips;sub\sub;) / (SV Increase;sub\sub;)] x Cost;sub\sub;]

Where:

Development Trips;sub\sub; = Those trips from the stage or phase of development under review that are assigned to roadway segment ";sub\sub;" and have triggered a deficiency per the CMS;

SV Increasei = Service volume increase provided by the eligible improvement to roadway segment ";sub\sub;";

Costi = Adjusted cost of the improvement to segment ";sub\sub;". Cost shall include all improvements and associated costs, such as design, right-of-way acquisition, planning, engineering, inspection, and physical development costs directly associated with construction at the anticipated cost in the year it will be incurred.

8.

For the purposes of determining proportionate fair-share obligations, the City shall determine improvement costs based upon the actual cost of the improvement as obtained from the CIE or the MPO Transportation Improvement Program. Where such information is not available, improvement cost shall be determined using one of the methods described below:

a.

An analysis by the city of construction costs that incorporates data from recent projects and is updated annually; or

b.

The most recent issue of FDOT Transportation Costs, as adjusted based upon the type of cross-section (urban or rural); locally available data from recent projects on acquisition, drainage and utility costs; and significant changes in the cost of materials due to unforeseeable events. Cost estimates for state road improvements not included in the adopted FDOT Work Program shall be determined using this method in coordination with the FDOT District.

c.

The value of a proportionate fair share mitigation project proposed by the applicant and accepted by the city shall be determined using one of the methods provided in this subsection.

d.

The city may also accept right-of-way dedication for the proportionate fair-share payment. Credit for the dedication shall be based on fair market value established by an independent appraisal approved by the city and at no expense to the city. 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 city at no expense to the city. If the estimated value of the right-of-way dedication proposed by the applicant is less than the estimated total proportionate fair-share obligation for that development, then the applicant must also pay the difference.

D.

Impact fee credit for proportionate fair-share mitigation.

1.

Proportionate fair-share contributions shall be applied as a credit against impact fees consistent with the terms of the impact fee section of the City of Belleair Bluffs code.

2.

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 per the impact fee section of the City of Belleair Bluffs code. If the applicant's proportionate fair-share obligation is less than the development's anticipated road impact fee for the specific stage or phase of development under review, then the applicant or its successor must pay the remaining impact fee amount to the city.

E.

Proportionate fair-share agreements.

1.

Upon execution of a proportionate fair-share agreement, the applicant shall receive transportation concurrency approval or functional equivalent. Should the applicant fail to apply for a development permit in accordance with this article, then the agreement shall be considered null and void, and the applicant shall be required to reapply.

2.

Payment of the proportionate fair-share contribution is due in full prior to issuance of the final development order or recording of the final plat and shall be non-refundable. If the payment is submitted more than 12 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 and adjusted accordingly.

3.

All proportionate fair share mitigation improvements authorized under this subsection must be completed prior to issuance of a development permit, or as otherwise established in a binding agreement that is accompanied by a security instrument that is sufficient to ensure the completion of all required improvements. It is the intent of this subsection that any required improvements be completed before issuance of building permits or certificates of occupancy.

4.

Dedication of necessary right-of-way for facility improvements pursuant to a proportionate fair-share agreement must be completed prior to issuance of the final development order or recording of the final plat.

5.

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.

6.

Applicants may submit a letter to withdraw from the proportionate fair-share agreement at any time prior to the execution of the agreement.

7.

The city may enter into proportionate fair-share agreements for selected transportation corridor improvements to facilitate collaboration among multiple applicants on improvements to a shared transportation facility.

F.

Appropriation of fair-share revenues.

1.

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 for operational improvements prior to construction of the capacity project from which the proportionate fair-share revenues were derived. Proportionate fair-share revenues may also be used as the 50% local match for funding under the FDOT Transportation Regional Incentive Program (TRIP).

2.

In the event a scheduled proportionate fair share improvement is removed from the CIE, then the revenues collected for its construction may be applied toward the construction of another improvement within the same transportation corridor or planning sector that would mitigate the impacts of development pursuant to the requirements of.

3.

Where an impacted facility has been designated as a regionally significant transportation facility in an adopted regional transportation plan as provided in Section 339.155, F.S., the city may coordinate with other impacted jurisdictions and agencies to apply proportionate fair-share contributions and public contributions to seek funding for improving the impacted regional facility under the FDOT TRIP. Such coordination shall be ratified by the city through an interlocal agreement that establishes a procedure for earmarking the developer contributions for this purpose.

4.

Where an applicant constructs a transportation facility that exceeds their proportionate fair-share obligation calculated under the city shall reimburse them for the excess contribution using one or more of the following methods:

a.

An impact fee credit account may be established for the applicant in the amount of the excess contribution, a portion or all of which may be assigned and reassigned under the terms and conditions acceptable to the city.

b.

An account may be established for the applicant for the purpose of reimbursing the applicant for the excess contribution with proportionate fair-share payments from future applicants on the facility.

c.

The city may compensate the applicant for the excess contribution through payment or some combination of means acceptable to the city and the applicant.

G.

Cross jurisdictional impacts.

1.

In the interest of intergovernmental coordination and to reflect the shared responsibilities for managing development and concurrency, the city may enter into an agreement with one or more adjacent local governments to address cross jurisdictional impacts of development on multi-jurisdictional transportation facilities. The agreement shall provide for application of the methodology in this subsection to address the cross jurisdictional transportation impacts of development.

2.

A development application submitted subject to transportation concurrency requirements and meeting all of the criteria listed below shall be subject to this subsection.

a.

All or part of the proposed development is located within an area or transportation corridor designated by an adjacent local government where development projects are subject to transportation concurrency requirements in accordance with their respective land development codes.

b.

If the additional traffic from the proposed development would use five percent or more of the adopted peak hour LOS maximum service volume of a multi-jurisdictional transportation facility within the concurrency jurisdiction of the adjacent local government ("impacted multi-jurisdictional facility").

c.

The impacted multi-jurisdictional facility is projected to be operating below the level of service standard, adopted by the adjacent local government, when the traffic from the proposed development is included.

3.

Upon identification of an impacted multi-jurisdictional facility pursuant to, the city shall notify the applicant and the affected adjacent local government in writing of the opportunity to derive an additional proportionate fair-share contribution, based on the projected impacts of the proposed development on the impacted adjacent facility.

4.

The adjacent local government shall have up to 90 days in which to notify the city of a proposed specific proportionate fair-share obligation, and the intended use of the funds when received. The adjacent local government must provide reasonable justification that both the amount of payment and its intended use comply with the requirements of Section 163.3180(16), F.S. Should the adjacent local government decline proportionate fair-share mitigation under this subsection, then the provisions of this subsection would not apply and the applicant would be subject only to the proportionate fair share requirements of the city.

5.

If the subject application is subsequently approve by the city, the approval shall include a condition that the applicant provides, prior to the issuance of any building permit covered by that application, evidence that the proportionate fair-share obligation to the adjacent local government has been satisfied.

(Amended 1-16-2007 by Ord. No. 2006-08, § 3)

Editor's note— Ord. No. 2006-08, § 3, adopted Jan. 16, 2007, amended § 102-89 in its entirety to read as herein set out. Former § 102-89 pertained to maintaining the level of service standards and was derived unamended from the original codification.

Editor's note— Ord. No. 2006-08, § 4, adopted Jan. 16, 2007, deleted § 102-90 which pertained to the determination of available capacity and was derived from Ord. No. 99-6, adopted May 17, 1999; and Ord. No. 2004-17, § 1, adopted Feb. 14, 2005.