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Leesburg City Zoning Code

ARTICLE IX

CONCURRENCY

Sec. 25-771.- Purpose and intent.

Concurrency is a finding that the public facilities and services necessary to support a proposed development are available, or will be made available, concurrent with the impacts of the development. The provisions of this article are designed to provide a systematic process for the review and evaluation of all proposed development for its impact on basic public facilities and services, as required by the Local Government Comprehensive Planning and Land Development Regulations Act, Chapter 163, Part II, Florida Statutes, and Rule 9J-5.0055, Florida Administrative Code, and the City of Leesburg Growth Management Plan.

No final development order shall be granted for a proposed development until there is a finding that all public facilities and services included in this article have sufficient capacity at or above their adopted level of service (LOS) to accommodate the impacts of the development, or that improvements necessary to bring facilities up to their adopted LOS will be in place concurrent with the impacts of the development, as defined herein.

(Ord. No. 04-27, § V(9.1), 5-10-04)

Sec. 25-772. - General provisions.

(a)

Public facilities and services for which concurrency is required. The provisions and requirements of this article shall apply only to those public facilities and services listed below:

(1)

Roads/traffic circulation.

(2)

Sanitary sewer.

(3)

Solid waste.

(4)

Stormwater drainage.

(5)

Potable water.

(6)

Recreation facilities.

(7)

School facilities.

(b)

Development subject to concurrency review. Unless specifically exempted below, all final development orders shall be subject to concurrency review. A final development order means a permit which actually authorizes commencement of construction activity, and specifically includes building permits, final site plan approvals, final subdivision plat approvals, planned unit developments (PUD), and development orders for developments of regional impact (DRI's). Additional development orders such as final zoning approvals for small planned unit developments (SPUD) or change of use permit granted to a more intensive development activity which does not increase or have the potential to increase the traffic impacts of that development activity shall not be considered as a final development order subject to concurrency review.

(1)

Vested projects. Projects which have valid final development orders or permits prior to March 23, 1992, shall be exempt from concurrency assessment. A project's status as a vested project shall remain in effect for no more than for eight (8) years after issuance of the initial final development order or permit, but in no case later than March 22, 2000.

(2)

Minimum threshold.

a.

The following development shall be exempt from the transportation and other applicable components of concurrency review:

1.

Residential projects which would result in the creation of one (1) single-family dwelling;

2.

Any addition to a single-family dwelling;

3.

Commercial, institutional, or industrial expansion of up to ten (10) percent of the existing gross floor area, providing such expansion is estimated to generate less than one hundred (100) vehicle trips per day. The exemption shall be allowed for only one (1) expansion. Requests for exemptions must be in writing and will be kept on file in the planning and zoning department. Requests for exemptions for subsequent expansions will not be allowed;

4.

Construction of accessory buildings and structures which do not create additional public facility demand.

5.

Any replacement of a structure or use by a similar structure or use where such replacement can be shown to have no net increase in the demand for infrastructure;

6.

Any change of use which reduces demand for all infrastructure facilities, even if the infrastructure serving the former use or activity was over capacity;

7.

Any public infrastructure facility; or

8.

Any vested project subject to this section as "vested projects" of this article.

b.

Public facilities. Public facilities necessary to ensure the protection of the health, safety, and general welfare of the citizens of Leesburg, including public schools (pre-kindergarten through twelfth grade), shall be exempt from concurrency review. This shall include all public facility construction projects included in the capital improvements program required to meet any adopted level of service standard.

1.

For development that requires one (1) or more public facilities which are provided by entities other than the city, the city shall condition the issuance of any final development order for the same parcel on the availability of such public facilities (see section 25-774(g)).

(c)

Minimum requirements for concurrency. To ensure that public facilities and services necessary to support development are available concurrent with the impacts of the development, the following standards must be met:

(1)

The necessary facilities and services must be in place at the time a development permit is issued, or the development permit will only be issued subject to the condition that the necessary facilities and services must be in place by a specified date when the impacts of the development are anticipated to occur;

(2)

The necessary facilities must be under construction at the time a development permit is issued;

(3)

The necessary facilities and services have been included in the capital improvements program and are programmed for construction prior to or concurrent with the impacts of the proposed development;

(4)

The necessary facilities and services are the subject of a binding executed contract for the construction of the facilities or the provision of services at the time the development permit is issued; or

(5)

The necessary facilities and services are guaranteed in an enforceable development agreement. An enforceable development agreement may include, but is not limited to, development agreements pursuant to F.S. § 163.3220, or an agreement of development order issued pursuant to F.S. ch. 380, or any other development agreement entered into between the city and a developer. The agreement must guarantee that the necessary facilities and services will be in place prior to or concurrent with the impacts of development. In the case of roadway facilities, the facilities will be deemed concurrent if the necessary improvements are committed in the first three (3) years of the applicable adopted Florida Department of Transportation Five-Year Work Program, the Lake County Five-Year Road Capital Improvements Program, or the City of Leesburg Capital Improvements Program.

(d)

Concurrency administration. The city shall be responsible for the following three (3) primary tasks associated with the administration of this article:

(1)

Maintaining an inventory of existing public facilities and capacities or deficiencies;

(2)

Determining concurrency of development applications;

(3)

Providing advisory concurrency assessments and recommending conditions of approval for major development applications.

(Ord. No. 04-27, § V(9.2), 5-10-04; Ord. No. 08-85, § 1, 9-8-08; Ord. No. 09-01, § I, 1-26-09)

Sec. 25-773. - Adopted level of service standards.

The adopted level of service standards for those public facilities for which concurrency is required shall be as established in the city's growth management plan, as follows:

(1)

Roads/traffic circulation.

Functional Classification Level of Service
Arterials C
Others D

 

(2)

Sanitary sewer.

Quality: Compliance with all standards of the U.S. Environmental Protection Agency (EPA) and the Florida Department of Environmental Protection (FDEP).

Quantity: System-wide wastewater collection and treatment will be sufficient to provide a minimum of one hundred twenty-three (123) gallons per capita per day.

(3)

Solid waste. Weekly collection of residential garbage and yard trash, weekly collection of manual commercial garbage, and commercial garbage collection (dumpster service) upon demand.

(4)

Stormwater drainage.

Quality: Compliance with all Florida Department of Environmental Protection and Federal Stormwater standards, as Chapter 17-25, Sections 17-25.025 and 17-25.035 F.A.C., and Chapter 17-302, including Section 17-302.500 F.A.C.

Quantity: The minimum twenty-four (24) hour level of service standards for design storms shall be as follows:

Years Hours
Landlocked areas 25 96
Principal arterial bridges 100  24
Other bridges 50 24
Cross drains 25 24
Storm sewers 10 24
Detention/retention structures 25 24
Canals, ditches, roadside swales, or culvert for stormwater external to developments 25 24
Canals, ditches, roadside swales, or culverts for stormwater internal to developments 10 24

 

(5)

Potable water.

Quality: Compliance with all Florida Department of Environmental Protection (FDEP) and Federal Drinking Water Standards.

Quantity: System-wide water quantity shall be sufficient to furnish a minimum of one hundred (100) gallons per capita per day (gpcpd) for residential use, three hundred twenty-eight (328) gpcpd for commercial/industrial use, and one hundred thirty-seven (137) gpcpd for storage, and shall maintain a fire flow pressure of fifty-five (55) pounds per square inch.

(6)

Recreation facilities. (Number of facilities needed per resident population)

Type Acres Population
Community Parks 5 1,000
Neighborhood Parks 2 1,000
Overall Parkland 6 1,000

 

(Ord. No. 04-27, § V(9.3), 5-10-04)

Sec. 25-774. - Facility specific requirements.

(a)

Roads/traffic circulation.

(1)

Traffic analysis required. All new commercial or industrial developments shall submit a traffic analysis as required by the City of Leesburg Traffic Impact Study Methodology Guidelines (TIS) for review by the Lake-Sumter Metropolitan Planning Organization (MPO) which identifies the development's impact on the city's and surrounding area's transportation system. The city may also require the submission of a traffic analysis for developments whose site location, anticipated total trip generation, circulation patterns, or other such factors warrant a more extensive review of traffic impacts. Such an analysis shall include the following:

a.

Total projected average daily trip ends for the proposed development.

b.

Average projected peak-hour trip ends generated by the development.

c.

Design capacity of the accessed road(s).

d.

Analysis of traffic distribution on the road network including all links impacted by more than ten (10) percent of project traffic.

e.

Projected percentage of truck and automobile traffic.

f.

Necessary operational improvements to the city's transportation system in order to maintain the appropriate level of service for the roadway.

g.

Other related information as required by the city and MPO.

h.

The most current edition of the Institute of Traffic Engineers (ITE) Trip Generation Manual shall be used to calculate these estimates. Adjustments to these estimates may be made, based on special trip generation information supplied by the applicant.

i.

The analysis of traffic distribution shall use the variable radii approach for traffic analysis, as outlined in this section. Where appropriate, the study area radii may be expanded to include a nearby intersection, or otherwise modified to provide for a more accurate assessment of specific projects, including developments of regional impact (DRI's).

j.

Where a specific land use is not listed, the most similar land use as determined by the community development director shall apply.

k.

The director of community development may determine that a traffic study is required for a project of any size or that a traffic study is not required under this section where the intent of the code and the (TISG) are still met.

l.

Developments on county or state roads shall comply with that jurisdictions requirements for traffic analysis which shall be accepted by the city as meeting the requirements of this section.

(2)

Variable radii approach for traffic analysis.

Table 1: Traffic Impact Study Area Radii (Miles)

Land Use Review
Distance*
Residential
  Single-family
0—499 du's 1
500—1,000 du's 1.5
1,001+ du's 2
  Multi-family
0—499 du's 0.5
500—1,000 du's 0.75
1,001+ du's 1
  Mobile homes
0—499 du's 1
500—1,000 du's 1.5
1,001+ du's 2
Retail
0—49,000 sq. ft. 0.5
49,001—100,000 sq. ft. 0.75
100,001—200,000 sq. ft. 1.25
200,001+ sq. ft. 2
Office
0—25,000 sq. ft. 0.5
25,001—49,000 sq. ft. 1
49,001—100,000 sq. ft. 1.5
100,001+ sq. ft. 2
Medical office
0—49,000 sq. ft. 0.5
49,001—100,000 sq. ft. 1
100,001+ sq. ft. 1.5
Hotels/motels
0—250 rooms 0.5
251—500 rooms 1
501+ rooms 1.5
Restaurants
Fast food/drive-through 0.25
Family restaurant 0.5
Quality restaurant 0.75
Industrial/manufacturing
0—250 employees 1
251—500 employees 1.75
501+ employees 2.5
Convenience store with gas pumps 0.25
Drive-in banks 0.25
Day care centers 0.25

 

* Distance is measured in miles along the road network from the borders of the applicant site, not as a radius from the project.

a.

The study area shall consist of those primary road sections which are located within the designated distance from the project's access points and are functionally classified in the growth management plan as principal arterials, minor arterials, major collectors, and minor collectors.

b.

Where a specific land use is not listed, the most similar land use as determined by the community development director shall apply.

(b)

Sanitary sewer. The following use standards shall be used to estimate the sanitary sewer needs of proposed developments:

Use standard: System-wide wastewater collection and treatment will be sufficient to provide a minimum of one hundred twenty-three (123) gallons per capita per day.

(c)

Solid waste. The following standard shall be used to insure adequacy of solid waste services for proposed developments: The immediate availability of weekly collection of residential garbage and yard trash, weekly collection of manual commercial garbage, and commercial garbage collection (dumpster service) upon demand.

(d)

Stormwater drainage. A stormwater drainage plan based on the stormwater management requirements of this chapter shall be prepared for all developments. Such plans shall incorporate the level-of-service design storm, and shall be approved as meeting said standard.

(e)

Potable water. The following use standards shall be used to estimate the potable water needs of the proposed developments:

Category Use Standard
Residential 100 gallons/day/capita
Commercial 328 gallons/day/capita
Industrial 328 gallons/day/capita
Storage 137 gallons/day/capita

 

Additionally, commercial, institutional, and industrial developments shall provide the city with a description and estimate of water use needs for any special processes involving potable water.

(f)

Recreation facilities.

(1)

Residential developments. Recreational impacts of proposed residential developments shall be based on the anticipated total number of persons residing in the development, calculated by using the population figures per dwelling unit as follows: 2.28 persons per household (dwelling unit)

(2)

Commercial/institutional/industrial developments. Commercial, institutional, and industrial developments shall not be assessed as having an impact on recreational facilities. The city may, however, require the provision of recreational facilities as part of planned unit developments.

(g)

School concurrency.

(1)

It is the intent of this subsection to implement the goals, objectives, policies and standards of the city comprehensive plan, as amended, and particularly, the public school facilities element and to implement the interlocal agreement between Lake County, the Lake County School Board and municipalities for school facilities planning and siting (hereafter referred to the "agreement").

(2)

Unless otherwise provided herein, this subsection shall apply to all development orders with any residential component and any amendment to an existing development order to the extent that the student generation is increased above what was previously approved, or any other official action of the City of Leesburg having the effect of permitting residential development of land. The following residential uses shall be considered exempt from the requirements of school concurrency (unless the development approval for such use required it to meet school concurrency).

a.

Single family lots having received final construction plan approval prior to the effective date of the city's school concurrency ordinance or other lots which the city has determined are vested based on statutory or common law vesting.

b.

Multi-family residential development having received final site plan approval prior to the effective date of the city's school concurrency ordinance or other multi-family residential development which the city has determined is vested based on statutory or common law vesting.

c.

Amendments to residential development approvals issued prior to the effective date of the city's school concurrency ordinance, which do not increase the number of residential units or change the type of residential units proposed.

d.

Age restricted communities (as defined in the school concurrency ordinance) that are subject to deed restrictions prohibiting the permanent occupancy of residents under the age of eighteen (18). Such deed restrictions must be recorded and must be irrevocable for a period of at least fifty (50) years.

e.

Plats or residential site plans which include four (4) or less units. For purposes of this section, a property owner may not divide his property in to several developments in order to claim exemption as allowed by this section. In making a determination as to whether a property is exempt under this section, the city shall consider in addition to the ownership at the time of the application the ownership as of the date of the adoption of this agreement.

(3)

To ensure the capacity of schools is sufficient to support student growth at the adopted level of service for each year of the five-year planning period and through the long term planning period, after June 1, 2008, the following level of service standard shall be established for all schools of each type within each CSA and each individual school:

a.

Elementary: One hundred (100) percent of permanent FISH capacity. If core dining capacity is available in excess of FISH capacity, the school capacity shall be increased up to one hundred twenty-five (125) percent of FISH capacity by adding seats located in temporary student stations so long as the total capacity does not exceed core dining capacity.

b.

Middle: One hundred (100) percent of permanent FISH capacity. If core dining capacity is available in excess of FISH capacity, the school capacity shall be increased up to one hundred twenty-five (125) percent of FISH capacity by adding seats located in temporary student stations so long as the total capacity does not exceed core dining capacity.

c.

High: One hundred (100) percent of permanent FISH capacity. If core dining capacity is available in excess of FISH capacity, the school capacity shall be increased up to one hundred twenty-five (125) percent of FISH capacity by adding seats located in temporary student stations so long as the total capacity does not exceed core dining capacity.

1.

For purposes of subsections (1), (2), and (3) above, non-conversion charter schools shall be counted as FISH capacity if an agreement has been entered between the charter school and the school board which requires the school facility to be constructed in accordance with state department of education standards for public schools; which provides that the school facility will be provided to the school board for its use if the charter school fails to operate satisfactorily; and, which provides that if there are financing arrangements for the school, the school board will be able to operate the school without having to be responsible for such financing costs or that the school board is willing and able to accept responsibility for such costs.

2.

For purposes of subsections (1), (2) and (3) above, a developer financed public school shall be counted as FISH capacity if an agreement has been entered between the developer and the school board which requires the school facility to be constructed in accordance with state department of education standards for public schools; which requires that the developer transfer the school facility to the school board upon its completion; and, which provides that if there are financing arrangements for the school, the school board will be able to operate the school without having to be responsible for such financing costs or that the school board is willing and able to accept responsibility for such costs.

3.

The following procedures will be utilized to obtain a school concurrency determination from the Lake County School Board and to allow for mitigation if a development proposal is determined not to be in compliance.

4.

A completed application provided by and delivered to the Lake County School Board must be submitted concurrent with a final development order by an applicant proposing residential development. The application at a minimum shall include the following information:

a.

Proposed development name.

b.

Application type.

c.

Intake date.

d.

Signature of agent.

e.

Number of residential units broken down by unit type.

f.

Property deed.

g.

Consent form.

h.

Phasing plan (if applicable).

i.

Site plan.

j.

Survey.

k.

Justification statement.

l.

Location map.

5.

Within three (3) days of submitting to the school board, the applicant must present a copy of the application to the city. The city shall provide a determination of authenticity to the school board within three (3) days of receiving the application.

6.

The school board shall review the application in accordance with the provisions of section 5.5.2 of the agreement and base the concurrency determination on standards outlined in section 5.5.3 of the agreement.

7.

No development order shall be approved unless a letter of determination of concurrency has been issued by the school board finding the development in compliance.

8.

Once the school board has reviewed the application it shall issue a letter of determination of concurrency within thirty (30) days if the impact of the proposed developments student growth does not cause the adopted level of service to be exceeded.

9.

If the development is not in compliance, the letter of determination of concurrency shall detail why the development is not in compliance and shall offer the applicant the opportunity to enter into a ninety-day negotiation period in accordance with the provisions of section 5.6 of the agreement.

10.

During the ninety-day negotiation period the applicant shall meet with the school board in an effort to mitigate the impact from the development.

a.

Mitigation shall be limited to those options which the school board recognizes and assumes the responsibility to operate and which will maintain the adopted level of service standards for the first five (5) years from receipt of the school board's letter of determination of concurrency.

b.

The city shall have the opportunity to review the mitigation options.

c.

The city commission shall approve all proportionate share agreements.

11.

If mitigation is not agreed to, the letter of determination of concurrency shall detail why mitigation proposals were rejected and detail why the development is not in compliance. In this case, no development order shall be issued.

12.

If the school board and the applicant agree to mitigation, the letter of determination of concurrency shall be issued based on the agreed mitigation measures and an agreement between the school board, the city and the applicant.

13.

A letter of determination for school concurrency, finding the development in compliance, issued by the school board shall be valid for one (1) year from the date of issuance unless extended by the school board. Once the development order, as referenced by section 25-772(b), is issued, the concurrency determination shall run with the development order.

14.

If the letter of determination of concurrency requires conditions or mitigation to be placed on the development, the development order issued by the city shall incorporate conditions as set forth by the school board.

15.

If the letter of determination of concurrency requires the development to be phased to school construction or other mitigation, the conditions of approval of the development order shall reflect the phasing requirements by withholding subsequent development orders for building permits.

16.

In no case shall a development order be issued unless provisions are made through conditions of approval or by agreement between the school board, the city and the applicant to provide performance security when required.

(Ord. No. 04-27, § V(9.4), 5-10-04; Ord. No. 08-85, § 2, 9-8-08; Ord. No. 09-01, § I, 1-26-09; Ord. No. 10-40, § I, 5-10-10)

Sec. 25-775. - Concurrency review procedures.

The city shall be responsible for conducting all concurrency reviews as required by this article. Concurrency review shall be initiated upon receipt of a completed concurrency review form as provided by the city, accompanied by the appropriate fee. The city may also conduct concurrency reviews for developments in the pre-application or conceptual development plan stage, and issue a non-binding letter of concurrency findings. Such requests for concurrency review shall require the submission of a review fee.

(1)

Application procedures.

a.

Application requirements. All development applications subject to concurrency review as required by this article shall include a completed concurrency review form containing the following information:

1.

Traffic impact study (when required) or information required to estimate trip generation;

2.

Description and estimate of water use needs;

3.

Description and estimate of wastewater generation;

4.

Description and estimate of solid waste generation;

5.

Stormwater drainage calculations; and

6.

Other information required by the city to conduct a complete and accurate review.

b.

Levels of review. The applicant for development approval may request a concurrency review at various stages of the development review process. These levels include conceptual, preliminary, and final approval. The concurrency review application requirements in this section are required for each level of concurrency review.

1.

Conceptual concurrency review. A conceptual concurrency review can be requested at the time of application for a land use amendment or rezoning. If it is found that public facility capacities are available at adopted levels of service at the time of the application, a letter of concurrency will be issued.

2.

Preliminary concurrency review. A preliminary concurrency review can be requested at the time of preliminary application for a site plan, planned unit development (PUD), subdivision or plat. If it is found that facility capacities are available at adopted levels of service at the time of the application, a letter of concurrency will be issued.

3.

Final concurrency review. A final concurrency review may be required at the time of application of final development order approval. A final development order means a permit which actually authorizes commencement of construction or development activity, and specifically includes building permits, final site plan approvals, final subdivision plat approvals, final zoning approvals for planned unit developments, and development orders for developments of regional impact (DRI's). Such an order shall also mean any rezoning, variance, conditional or change of use permit granted to a more intensive development activity not otherwise requiring later building permits or site plan or subdivision approvals. The finding that public facilities capacities are available at adopted levels of service at the time of final development approval will result in the issuance of a certificate of concurrency.

The reservation of capacities will be as specified in section 25-746, "Concurrency reservation" of this article.

Letters of concurrency are intended to be used for an early assessment of available public facility capacities and are not intended to be an assurance that such capacities will be available at the time of the project's final development order application. No final development order will be issued until a certificate of concurrency is issued by the city.

Review and approval of a proposed development may be postponed for a reasonable period in order for required information to be assembled. Failure of the applicant to provided adequate information on the anticipated project impacts in a timely fashion, however, shall constitute sufficient grounds to deny the project.

c.

Project impact assessment.

1.

Existing conditions. To conduct its assessment of the anticipated impacts of a proposed development on public facilities, the city shall use its inventory of public facilities capacities as a base for the establishment of existing conditions.

2.

Impact assessment. Using its own information and that supplied by the application in compliance with section 25-245(1)a., "Application requirements" of this article, the city shall calculate the anticipated impacts of a proposed development for all applicable public facilities listed in section "Public facilities and services for which concurrency is required" of this article. The impacts of the proposed development shall then be assessed against the existing conditions established above.

d.

Project phasing/timing of improvements. Public facility improvements associated with a phased development may likewise be phased, provided that all public improvements necessary to accommodate the impacts of the entire development are to be provided and a schedule established for their construction prior to the issuance of a building permit. The schedule of facility improvements shall ensure that all facility improvements necessary to accommodate the impacts of the development (or portion thereof) for which a certificate of occupancy has been applied, shall be in place prior to the issuance of the certificate. Under no circumstances shall the final certificate of occupancy be issued for a project unless all facility improvements required by the development order or development agreement have been completed.

e.

Development agreements. It is the city's policy to provide the necessary infrastructure to meet minimum LOS standards. If the minimum requirements for concurrency as outlined in section 25-773, "Adopted level of service standards" cannot be met, concurrency may be achieved by guaranteeing necessary facility improvements in an enforceable development agreement, as permitted by section "Minimum requirements for concurrency" of this article. Said development agreement may include guarantees to construct required facility improvements, or to provide funds equivalent to the cost of providing such facility improvements.

f.

Concurrency findings. Upon the conclusion of the concurrency review, the city shall prepare a written set of findings concerning the proposed development. These findings shall include, but are not limited to:

1.

The anticipated public facility impacts of a proposed development;

2.

The ability of existing facilities to accommodate the proposed development at the adopted level of service standards;

3.

Any existing facility deficiencies that will need to be corrected prior to the completion of the proposed development;

4.

The facility(s) improvement or additions necessary to accommodate the impact of the proposed development at the adopted level of service standard and the entity(s) responsible for the design and installation of all required facility improvements or additions; and

5.

The date such facility(s) improvement or additions will need to be completed to be concurrent with the impacts on such facility(s) created by the proposed development.

(Ord. No. 04-27, § V(9.5), 5-10-04)

Sec. 25-776. - Concurrency reservation.

(a)

Capacity reservation.

(1)

Letter of concurrency. The issuance of a letter of concurrency as provided in section 25-745, "Concurrency review procedures" of this article is intended to advise the applicant for development approval of the public facilities capacities available at the time of application. After approval of the land use plan amendment, rezoning, site plan approval, planned unit development (PUD) approval, subdivision approval, or preliminary plat approval, it is the applicant's responsibility to submit an application for a certificate of concurrency prior to final development plan approval by the city.

(2)

Certificate of concurrency. If the concurrency findings in section 29-6 reveal that the capacity of public facilities maintains the adopted level of service for said facilities, the city shall reserve public facility capacity necessary for the proposed development.

(3)

Capacity reservations shall be made on a first-come, first-served basis, based on the approval date of the project. Concurrency shall be reserved in conjunction with a final development order and shall be valid only for the specific land uses, densities, intensities, and construction and improvement schedules contained in the development order and any applicable development agreements for the property. A finding of concurrency shall reserve public facility capacity for the project for two (2) years from the date of the approval of the development order for subdivisions, developments of regional impact (DRI's), and planned unit developments (PUD's) and one (1) year from the date of the approval of all other development orders. Capacity reservations for concurrency shall expire if the underlying development order or development agreement expires or is revoked.

(b)

Project deferrals/development moratoriums. If, at any time the city's inventory of public facilities capacities indicates that a public facility has dropped below its adopted level of service, then the city shall cease to issue development orders for projects which would negatively impact the deficient facility(s) or area of facility operations, as defined within this article. Such a suspension or moratorium on the issuance of development orders shall continue until such time as the adopted LOS standard is re-established or the growth management plan is amended to reflect a lower, acceptable community standard for the facility(s) in question.

(c)

Concurrency denials. In the event that the city's concurrency review reveals that the proposed development would generate public facility impacts beyond that which can be absorbed by available capacity, the city shall ensure that there is a financial or other legally binding commitment to ensure that public facilities necessary to correct the anticipated deficiency will be in place concurrent with the impacts of the proposed development. Should the city and/or a developer be unable to provide such assurances, the project shall be denied. Projects denied due to failure to meet requirements, but for which all other land development requirements have been met, shall be placed on a prioritized list for approval of development orders once facility improvements have been made.

(d)

Capacity reservation for public purpose. The city may reserve capacity for a particular land area or specific land use, providing such reservation is in accord with a specific development or re-development strategy identified in the growth management plan which serves an overriding public purpose. This would include such community development objectives as providing affordable housing or diversification of the tax base. Any such capacity reservations shall be noted in the annual report on public facilities and capacities made available to the city commission and the public in March of each year, as required by the following section 25-747, "Status report/required capital facilities improvements".

(Ord. No. 04-27, § V(9.6), 5-10-04)

Sec. 25-777. - Status report/required capital facilities improvements.

The city shall monitor the cumulative effect of all approved development orders and development permits on the capacity of public facilities. The city shall then recommend a schedule of improvements necessary to prevent a deferral or moratorium on the issuance of development orders.

(Ord. No. 04-27, § V(9.7), 5-10-04)

Sec. 25-778. - Intergovernmental coordination.

(a)

Intergovernmental communication. The city shall regularly transmit to adjacent municipalities and Lake County, notice of all pending development applications for which concurrency assessments are being conducted when such developments abut or directly impact adjacent municipalities of Lake County.

(b)

Developments of multi-jurisdictional impact. Developments which would impact a public facility in one (1) or more adjacent municipalities and/or the county shall be subject to an intergovernmental review for concurrency. This review shall be conducted by designated officials from the affected municipalities and/or Lake County.

(Ord. No. 04-27, § V(9.8), 5-10-04)