It is the intent of this article to establish an orderly procedure to ensure that development permits are adequately reviewed so that no development activity is approved unless it is consistent with the city's comprehensive plan and public facilities will be available at the prescribed levels of service concurrent with the impact of the development on those facilities.

(Code 1972, § 20-82)

Development permits subject to final concurrency review include the following:

(1)

Development permits which shall be required to undergo concurrency review are:

(a)

A plat or replat which receives plat approval by the City of Coral Springs after January 1, 1990.

(b)

Site plans for properties which received plat approval by Broward County before March 20, 1979.

(c)

A development order for a Development of Regional Impact (DRI) or Florida Quality Development (FQD) approved after January 1, 1990.

(d)

A replat or requirement to place a land use restriction on a plat, or an amendment to a use restriction note on a plat which will increase the density/intensity of the previous plat that was approved by Broward County after March 20, 1979; shall be subject to concurrency review for those additional capacities equal to the difference between the previous plat and the proposed replat or proposed use restriction note.

(2)

Development permits which shall not be required to undergo concurrency review are:

(a)

For properties which received plat approval between March 20, 1979 and January 1, 1990.

(b)

For properties which are infill development of a single-family home or duplex on property platted before March 20, 1979.

For purposes of this subsection, infill shall be defined as: Any undeveloped single-family or duplex lot or parcel of record where:

1.

The applicant demonstrates that no more than twenty (20) per cent of the property within a one quarter (¼) mile radius of a single-family or duplex lot or parcel of record is undeveloped; or

2.

The single-family or duplex lot or parcel of record is located within one (1) or more of the following sections of land within the City of Coral Springs:

Section 14

Section 15

Section 16

Section 17

Section 20

Section 21

Section 22

Section 27

Section 28

Section 29

Section 32

Section 33

Section 34

Only for these determinations of infill shall property platted after March 20, 1979, be considered as developed property.

(c)

For a governmental facility that will be owned and operated by the city, which the city commission finds is essential to the health, safety and welfare of the public.

(Code 1972, § 20-83; Ord. No. 98-111, § 5, 5-5-98)

The following level of service standards shall be used as the basis for determining the availability of service or facility capacities and the demand generated by a development;

(1)

Transportation system. The standard for measuring transportation capacities is the Florida Department of Transportation (FDOT) Table of Generalized Daily Level of Service Maximum Volumes as amended from time to time, excepting the measurement of capacity for local neighborhood roadways as defined by the city's comprehensive plan. The measurement of capacities may also be determined by a traffic study. This traffic study must be prepared in a technically sound and justifiable method that is accepted by the city.

(2)

Mass transit. Broward County is the provider of mass transit service for the city. The city has accepted Broward County's level of service standards where provided by the county:

Service within one-half (½) mile

Thirty (30) minutes headways

System-wide operating hours (6:00 a.m. to 9:30 p.m. weekdays)

(3)

Water and wastewater. The measurement of adequate capacity for water and wastewater facilities will utilize design capacities and service flows. Design capacities will be based upon adopted level of service standards.

(4)

Solid waste. The measurement of adequate capacity for solid waste shall be based upon the solid waste generation rates and the design capacity of the solid waste disposal system.

(5)

Drainage. The measurement of adequate capacity for drainage will be based on the water management district basin design standards. Variations may exist for certain parcels but the overall effect of drainage system must meet established water management standards.

(6)

Recreation. Measurement of adequate capacity for park and recreation facilities shall be based on the net acreage of land that qualifies as the public park and recreation land in the city's comprehensive plan.

For the purpose of this section, parks are considered developed when there are parks which serve the population of the neighborhood and which are generally accessible by bicycle or pedestrian ways. The parks should be designated to provide opportunities for residents in the area to partake in recreational activities and may include, but not be limited to, facilities such as tennis courts, basketball courts, picnic areas, bike paths, shuffleboard courts, nature study areas, jog/walk trails, fishing docks, racquetball courts, open play areas, ballfields, and tot lots. Lighting may be included at the park. Additionally, environmentally sensitive lands owned by the city with approved resource management plans may be considered developed.

(Code 1972, § 20-84; Ord. No. 96-125, § 3, 6-4-96)

Application for a development permit that is subject to concurrency review shall be accompanied by the following information in addition to any other requirements contained within the Municipal Code [and the Land Development Code].

(1)

Project description. Applicant, location, land use and zoning, density or intensity, project phasing and other pertinent information as determined by the applicant needed to properly review the application.

(2)

Transportation system. An analysis performed by Broward County or prepared in accordance with the Broward County TRIPS Model as amended from time to time.

(3)

Drainage, water and wastewater. Documentation from the appropriate service provider regarding provision of services as specified below.

(Code 1972, § 20-85)

For the purpose of the Land Development Code the available capacity of a facility shall be determined by the city or by the reviewing service provided using the following capacity formula and provisions:

Combine:

The total design capacity of existing facilities at the required level of service.

With:

The total design capacity of new facilities that will be available concurrent with the impact of the development. The capacity of new facilities may be counted only if one (1) or more of the following conditions are shown:

(1)

The necessary facilities are in place at the time a development permit is issued, or a development permit is issued subject to the condition that the necessary facilities will be in place when the impacts of development occur.

(2)

The construction of the new facilities is under way at the time of application and the completion of such facilities is guaranteed by a form of security acceptable to the city commission.

(3)

The new facilities are the subject of a binding executed contract with a completion date specified in the contract which indicates that construction can be reasonably anticipated to be completed when the impacts of the development occur.

(4)

The new facilities have been included in a capital improvement program annual budget which has been certified by the applicable governmental entity.

(5)

The new facilities are guaranteed at a specified time in an enforceable development agreement as approved by the city commission. Such facilities must be consistent with any applicable capital improvements element of the appropriate governmental entity.

(6)

Planned roadway improvements included in an adopted five-year improvement plan meeting the following criteria:

1.

A capital improvements element and a five-year schedule of capital improvements which, in addition to meeting all of the other statutory or rule requirements, must be financially feasible. The capital improvements element and schedule of capital improvements may recognize and include transportation projects included in the first three (3) year of the applicable, adopted Florida Department of Transportation five-year work program.

2.

The five-year schedule of capital improvements which includes both necessary facilities to maintain the adopted level of services standards to serve the new development proposed to be permitted and the necessary facilities required to eliminate that portion of existing deficiencies which are a priority to be eliminated during the five-year period under the city's plan schedule of capital improvements.

3.

A realistic, financially feasible funding system based on currently available revenue sources which is adequate to fund the public facilities required to serve the development authorized by the development permit and which public facilities are included in the five-year schedule of capital improvements.

4.

The five-year schedule of capital improvements must include the estimated date of commencement of actual construction and the estimated date of project completion.

5.

Actual construction of the road facilities and the provision of services must be scheduled to commence in or before the third year of the five-year schedule of capital improvements.

Subtract from the above the sum of:

(1)

The demand for the services created by existing development;

(2)

The demand for the service (by phase or otherwise) that will be created concurrent with the impacts of committed developments; and

(3)

The demand for the service created by the proposed development.

(Code 1972, § 20-86)

The determination of concurrency with the regional transportation network shall be made by Broward County when a development is subject to concurrency review under the Broward County Land Development Code. However, when Broward County approves an action plan, the city commission shall also review and approve that action plan before recordation of that plat.

The determination of concurrency with the regional transportation network for developments which are not reviewed under the Broward County Land Development Code shall be made by the city through the required traffic analysis. If a development lies within a compact deferral area or its impacts would create a compact deferral area, it shall not be approved for concurrency purposes, unless a STEP, as provided for in this chapter, is submitted and approved by the city commission.

The determination of concurrency for impacts on local collector roadways will be made by the city either at the time of platting for areas subject to the Broward County Land Development Code or at the time of site plan review for developments not subject to the Broward County Land Development Code through the required traffic analysis. Developments subject to concurrency shall design all local streets for level of service "C".

Site plans for properties which received plat approval from Broward County before March 20, 1979 may reserve transportation capacity for up to a three (3) month period before submittal of a site plan by obtaining a capacity reservation letter from the city manager or their designee. The applicant shall make a capacity reservation request by submitting a request by letter to the city manager or their designee, including the application requirements contained in section 250194(1) and (2) of the Land Development Code along with the reservation application fee in an amount established from time to time by resolution adopted by the city commission and the preliminary site plan application review fee.

Within ten (10) working days from a complete reservation capacity submittal by the petitioner, the city manager or their designee will respond to the applicant outlining the amount of development for which the city is reserving capacity for its site plan approval process and the deadlines for submitting the site plan. The traffic information accepted for the capacity reservation may be used for the preliminary site plan submittal requirements. The applicant will not be charged a second time for preliminary site review unless the site plan was not submitted within the required three (3) month period. An applicant may only submit two (2) capacity reservation requests for a plot within a one (1) calendar year for the same plot without submitting a site plan within the required three (3) month period. No capacity will be reserved unless it is consistent with the city's comprehensive plan and public facilities will be available at the prescribed levels of service concurrent with the impact of the development of the facilities.

The fees shall be an amount established from time to time by resolution adopted by the city commission. Any and all other provisions of this section shall remain in effect, to the extent not in conflict with the provisions of said resolution.

Satisfaction of Broward County concurrency standards. The burden shall be on the applicant to demonstrate compliance with the standards detailed in this section. If applicable, the development application shall be reviewed to ensure that the proposed development satisfies the Broward County Concurrency Standards for the Regional Road Network as outlined in Section 5-182 of the Broward County Land Development Code, as amended from time to time. The applicant shall provide the necessary documentation from Broward County demonstrating satisfaction of these requirements. The applicant may choose to satisfy the transportation concurrency requirements by making a proportionate share contribution to an eligible transportation project located within the North Central District pursuant to the requirements set forth in Section 5-182 of the Broward County Land Development Code, as amended from time to, and Section 163.3180, Florida Statutes, as amended from time to time.

The options available for and methodology for determining the amount of proportionate share mitigation, and the procedures for the city to implement such proportionate share mitigation on the city's roadway network, shall be as specified in Section 5-182(a)(5)(b)(4) of the Broward County Land Development Code, as amended from time to time.

(Code 1972, § 20-86.1; Ord. No. 93-146, § 1, 9-21-93; Ord. No. 2004-121, § 16, 9-7-04; Ord. No. 2006-116, § 2, 1-2-07; Ord. No. 2020-112, § 26, 8-19-20; Ord. No. 2023-101, § 137, 4-19-23)

A strategic transportation evaluation plan (STEP) is a plan submitted by the applicant and reviewed and approved by the administrative zoning review committee to address the transportation impacts from developments which a) must be reviewed for concurrency under city review requirements b) does not satisfy the concurrency requirement outline in the Land Development Code; and c) will not be reviewed by the Board of County Commissioners of Broward County in its plat review process.

The STEP shall provide substantiation in the form of engineering studies or other data acceptable to the City of Coral Springs to demonstrate to the satisfaction of the city that the development will not further degrade already over capacity roadways.

The following may be considered in developing a STEP.

(1)

Alternative routes, which can be demonstrated as reasonably expected to be used in lieu of an over capacity link.

(2)

A traffic study, prepared in a technically sound and justifiable method accepted by the city, to document that actual capacity of the particular roadway segment at the adopted level of service differs from that estimated using the Florida Department of Transportation Table of Generalized Daily Level of Service Maximum Volumes as amended from time to time.

(3)

Replats, development level restriction notes on plats, or other enforceable development level restrictions as determined by the city manager or their designee and city commission to reduce previously approved traffic impacts in order to make capacity available for the proposed development.

(4)

A proposed program of improvements or innovations (geometrics, signage).

(5)

The funding sources to implement the proposed program of improvements.

The STEP shall be reviewed by the city manager, or their designee, who shall then provide the administrative zoning review committee with a recommendation as to whether or not the proposed STEP is consistent with the city's adopted policies and regulations regarding the availability and adequacy of necessary roadways to serve the proposed development and with the criteria and standards listed below. The administrative zoning review committee shall base its decision to approve, approve with conditions or modifications, or deny the proposed STEP also upon the criteria and standards listed below:

(1)

The proposed STEP is prepared in a technically sound and justifiable manner with the parameters established by this article.

(2)

The proposed STEP is consistent with the state and city concurrency management policies, laws and regulations.

(3)

The proposed STEP is financially feasible, provides for reasonable time frames consistent with state laws and regulations, and is enforceable by the city.

(4)

The proposed STEP is specific as to funding sources, time frames, and responsibilities for any proposed roadway improvements.

(5)

Dedication of rights-of-way in accordance with the Broward County Trafficways Plan and the applicable city plans.

The STEP shall contain a monitoring program.

All transportation improvements shall be considered financially feasible if they are reviewed in accordance with the five-year capital improvements element (CIE) and implementation regulations and if they satisfy the requirements listed below:

(1)

A capital improvements element and a five-year schedule of capital improvements which, in addition to meeting all of the other statutory or rule requirements, must be financially feasible. The capital improvements element and schedule of capital improvements may recognize and include transportation projects included in the first three (3) years of the applicable, adopted Florida Department of Transportation five-year work program.

(2)

The five-year schedule of capital improvements which includes both necessary facilities to maintain the adopted level of services standards to service the new development proposed to be permitted and the necessary facilities required to eliminate that portion of existing deficiencies which are a priority to be eliminated during the five-year period under the city's plan schedule of capital improvements.

(3)

A realistic, financially feasible funding system based on currently available revenue sources which is adequate to fund the public facilities required to serve the development authorized by the development permit and which public facilities are included in the five-year schedule of capital improvements.

(4)

The five-year schedule of capital improvements must include the estimated date of commencement of actual construction and the estimated date of project completion.

(5)

Actual construction of the road facilities and the provision of services must be scheduled to commence in or before the third year of the five-year schedule of capital improvements.

Other improvements may be determined to be financially feasible if they are in accordance with state law and do not conflict with city plans.

Upon approval of the STEP, the City shall enter into a legally enforceable agreement with the developer which shall at a minimum provide adequate assurances for funding and timely completion on implementation of the STEP.

(Code 1972, § 20-86.2; Ord. No. 2020-115, § 3, 9-20-20; Ord. No. 2023-101, § 138, 4-19-23)

Broward County is responsible for providing mass transit service within the city. The city accepts whatever level of service is actually provided by Broward County as being adequate.

(Code 1972, § 20-86.3)

With respect to the determination of concurrency for water and wastewater capacity where the City of Coral Springs is not the service provider, the city shall rely on documentation provided by the applicable improvement district. Where the city is the provider, the applicant shall obtain documentation from the public works department of the city.

The documentation shall identify:

(1)

That the district or city, as applicable, will accept stormwater runoff from the proposed development;

(2)

That the district or city, as applicable, has the capacity to satisfy drainage of this development; and

(3)

That the district or city, as applicable, has improvements as specified in section 250196 that will provide capacity at the appropriate level of service; and

(4)

Conditions or phasing that the city should incorporate in its development approval to ensure adequate capacity.

(Code 1972, § 20-86.4; Ord. No. 2023-101, § 139, 4-19-23)

The city shall rely on the obligations established in the city's franchise agreement for solid waste collection and disposal services to provide the required level of service.

(Code 1972, § 20-86.5)

With respect to the determination of concurrency for adequate facilities for park and recreation services, the city manager or their designee shall monitor the adequacy of park land and services to ensure that the required level of service is provided and that the required impact fee, pursuant to section 208, is provided.

(Code 1972, § 20-86.6; Ord. No. 96-125, § 4, 6-4-96; Ord. No. 2023-101, § 140, 4-19-23)

With respect to the determination of concurrency for drainage capacity where the City of Coral Springs is not the service provider, the city shall rely on documentation provided by the applicable water control/improvement district. However, determination of concurrency for drainage capacity for building pads, streets and parking lots shall be the responsibility of the city engineer.

The documentation shall identify:

(1)

That the water control/improvement district will accept stormwater runoff from the proposed development;

(2)

That the district has the capacity to satisfy drainage of this development at the required level of service;

(3)

That the district has improvements as specified in section 250195 that will provide capacity at the required level of service;

(4)

Conditions or phasing that the city should incorporate in its approval to ensure adequate capacity.

(Code 1972, § 20-86.7)

All plats, replats, plat note amendments, findings of adequacy, or site plans with a residential component shall be subject to the public school concurrency requirements as set forth in section 5-182.9 of the Broward County Land Development Code, as amended from time to time. The burden shall be on the applicant to ensure compliance with this section, and the applicant shall provide the necessary documentation from Broward County demonstrating satisfaction of these requirements.

(Ord. No. 2009-103, § 1, 3-3-09; Ord. No. 2023-101, § 141, 4-19-23)

The city shall make determinations that there are adequate facilities to service the proposed development and that the proposed development will not degrade those facilities below the minimum level of service established herein. Development permits will be processed to the furthest degree possible. The city will make a concurrency determination for: (a) approval, (b) approval with conditions including phasing, (c) approval subject to further review of a subsequent development permit as allowed elsewhere in this chapter, or, (d) denial with notice of the reasons for same.

Approval of a development for concurrency does not remove any obligation a property owner or successor may have to satisfy other requirements contained within the Municipal Code [and the Land Development Code].

(Code 1972, § 20-87; Ord. No. 2009-103, § 1, 3-3-09)