It is the purpose of this chapter to describe the requirements and procedures for determination of consistency of proposed development projects with the city comprehensive plan, including meeting the concurrency requirements of the plan.

(Code 2001, § 94-1; Ord. No. O-01-2000, § 4.00.01, 6-6-2000; Ord. No. O-08-2011, § 4, 12-6-2011)

(a)

General rule. All applications for development orders shall demonstrate that the proposed development does not degrade the adopted levels of service in the city comprehensive plan and/or any interlocal agreement with the county concerning such services.

(b)

Exception. Notwithstanding the provisions of subsection (a) of this section, the prescribed levels of service may be degraded during the actual construction of new facilities if, upon completion of the new facilities, the prescribed levels of service will be met.

(c)

Transportation standard of service shall be defined in person miles capacity (PMC). The mobility fee shifts away from a level of service (LOS) defined by average travel speed (average delay per vehicle) toward a supply and accessibility based multimodal transportation system. The Florida Q/LOS Handbook shall be used to monitor multimodal level of service to inform future investment priorities and change investments accordingly to maintain a diverse, accessible, and multimodal suite of travel options at each update interval to the mobility fee.

(Code 2001, § 94-2; Ord. No. O-01-2000, § 4.00.02, 6-6-2000; Ord. No. O-08-2011, § 4, 12-6-2011; Ord. No. O-11-2023, § 1, 6-6-2023)

(a)

How available capacity determined. For purposes of these regulations, the available capacity of a facility with an adopted level of service in the city comprehensive plan shall be determined by:

(1)

Adding together:

a.

The total capacity of existing facilities operating at the required level of service; and

b.

The total capacity of new facilities, if any, that will become available on or before the date of occupancy of the development. The capacity of new facilities may be counted only if one or more of the following is shown:

1.

Construction of the new facilities is under way at the time of issuance of the final development order;

2.

The new facilities are the subject of a binding-executed contract for the construction of the facilities or the provision of services at the time of issuance of the final development order;

3.

The new facilities are guaranteed in an enforceable development agreement under F.S. ch. 163 or 380. The agreement must guarantee that the necessary facilities and services will be in place when the impacts of the development occur;

(2)

Subtracting from that number the sum of:

a.

The demand for the service or facility created by existing development; and

b.

The demand for the service or facility created by the anticipated completion of other approved developments, redevelopment, or other development activity that has been permitted.

(b)

Action upon failure to show available capacity. Where available capacity cannot be shown, the following methods may be used to maintain the adopted level of service:

(1)

The project owner or developer may provide the necessary improvements to maintain the level of service and to provide necessary documentation that the improvements will maintain the existing level of service.

(2)

The proposed project may be altered such that projected level of service is no less than the adopted level of service.

(Code 2001, § 94-3; Ord. No. O-01-2000, § 4.00.03, 6-6-2000; Ord. No. O-08-2011, § 4, 12-6-2011)

The burden of showing compliance with these levels of service requirements shall be upon the developer. Applications for development approval shall provide sufficient information showing compliance with these standards in order to be approved.

(Code 2001, § 94-4; Ord. No. O-01-2000, § 4.00.04, 6-6-2000; Ord. No. O-08-2011, § 4, 12-6-2011)

(a)

Contents. The city shall prepare an annual report that includes:

(1)

A summary of actual development activity, including a summary of certificates of occupancy, indicating quantity of development represented by type and square footage.

(2)

A summary of building permit activity, indicating:

a.

Those that expired without commencing construction;

b.

Those that are active at the time of the report;

c.

The quantity of development represented by the outstanding building permits;

d.

Those that result from final development orders issued prior to the adoption of the ordinance from which the land development code is derived; and

e.

Those that result from final development orders issued pursuant to the requirements of this subpart.

(3)

A summary of preliminary development orders issued, indicating:

a.

Those that expired without subsequent final development orders;

b.

Those that are valid at the time of the report; and

c.

The phases and quantity of development represented by the outstanding preliminary development orders.

(4)

A summary of final development orders issued, indicating:

a.

Those that expired without subsequent building permits;

b.

Those that were completed during the reporting period;

c.

Those that are valid at the time of the report but do have associated building permits or construction activity; and

d.

The phases and quantity of development represented by the outstanding final development orders.

(5)

An evaluation of each facility and service, indicating:

a.

The capacity available for each at the beginning of the reporting period and the end of the reporting period;

b.

The portion of the available capacity held for valid preliminary and final development orders;

c.

A comparison of the actual capacity to calculated capacity resulting from approved preliminary development orders and final development orders;

d.

The status of all interlocal agreements with the county concerning provision of public facilities and services;

e.

A comparison of actual capacity and levels of service to adopted levels of service from the city comprehensive plan; and

f.

A forecast of the capacity for each based upon the most recently updated schedule of proposed improvements.

(b)

Use of the annual report. The annual report shall propose capacity and levels of service of public facilities for the purpose of issuing development orders during the 12 months following completion of the annual report.

(Code 2001, § 94-6; Ord. No. O-01-2000, § 4.00.06, 6-6-2000; Ord. No. O-08-2011, § 4, 12-6-2011; Ord. No. O-11-2023, § 2, 6-6-2023)

Editor's note— Ord. No. O-11-2023, § 2, adopted June 6, 2023, repealed the former § 105-5 which pertained to proportionate fair-share program and derived from Code 2001, § 94-5; Ord. No. O-01-2000, § 4.00.05, adopted June 6, 2000; Ord. No. O-18-2007, § 1, adopted Aug. 7, 2007; and Ord. No. O-08-2011, § 4, adopted Dec. 6, 2011. Per the city the former § 105-6 has been renumbered as § 105-5, as set out herein.

(a)

Potable water. Development activity shall not be approved unless there is sufficient available capacity to sustain the following levels of service for potable water as established in the potable water sub-element of the city comprehensive plan:

(b)

Wastewater. Development activities shall not be approved unless there is sufficient available capacity to sustain the following levels of service for wastewater treatment as established in the sanitary sewer sub-element of the city comprehensive plan:

(c)

Transportation system.

(1)

Level of service. Development activities shall be approved so that they align with the land use forecasts used at the time that the mobility fee was established. If so, the burden of the additional users associated with the land development have been accounted for in the multimodal transportation investments that comprise the mobility fee. If the land use development proposal is outside the forecast (either by type of land use or scale of land use change) than that land use development shall be required to have a third party traffic and mobility study performed to identify if additional multimodal investments may be necessary above and beyond those identified for funding by the mobility plan. A fees per user (trip or person miles traveled) shall be set based the costs to deliver the necessary system investments.

(d)

Drainage system. Development activities shall not be approved unless there is sufficient available capacity to sustain the following levels of service for the drainage system as established in the drainage sub-element of the city comprehensive plan:

(e)

Solid waste. Development activities shall not be approved unless there is sufficient available capacity to sustain the following levels of service for the solid waste as established in the solid waste sub-element of the city comprehensive plan:

(f)

Recreation. Development activities shall not be approved unless there is sufficient available capacity to sustain the following levels of service for the recreational facilities as established in the recreation and open space element of the city comprehensive plan:

(Code 2001, § 94-7; Ord. No. O-01-2000, § 4.01.00, 6-6-2000; Ord. No. O-08-2011, § 4, 12-6-2011; Ord. No. O-11-2023, § 3, 6-6-2023)

Editor's note— Ord. No. O-11-2023, § 3, adopted June 6, 2023, renumbered the former § 105-7 as § 105-6 as set out herein. The historical notation has been retained with the amended provisions for reference purposes. See also editor's note at § 105-5.