7.1.1. 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. This article is intended to provide a systematic process for the review and evaluation of all proposed development for its impact on concurrency facilities and services as required by the Local Government Comprehensive Planning and Land Development Regulations Act, F.S. ch. 163, part II, and F.A.C. 9J-5.0055.

7.1.2. Purpose. The purpose of this article is to ensure that development orders and permits are conditioned on the availability of concurrent facilities which meet adopted level of service requirements established in the City of Longwood Comprehensive Plan.

7.1.3. Applicability. Unless specifically exempted below, a concurrency determination as provided for in this article, shall be made in conjunction with the following:

A.

Application for a construction permit pursuant to section 10.1.0.

B.

Application for approval of a development plan pursuant to section 10.2.0.

C.

Approval of a preliminary plat pursuant to section 3.3.0.

7.1.4. Adopted levels of service. The adopted level of service standards for potable water, sanitary sewer, drainage, parks and recreation, solid waste, roadways, and fire and police protection are established in the City of Longwood Comprehensive Plan.

7.1.5. Cost of studies. The cost of any study necessary to determine the impact of a development on any of the facilities for which level of service standards have been adopted shall be borne by the applicant.

7.1.6. Reserved.

(Ord. No. 10-1929, § 1, 9-27-2010; Ord. No. 24-2254, § 1, 8-5-2024)

7.2.1. Generally. The following development shall be exempt from concurrency review:

A.

Residential developments which would result in the creation of one single-family dwelling, or one two-family dwelling as well as developments that entail structural alterations to single-family structures which do not change the use of the structure or land.

B.

Change of use, or expansion, of nonresidential developments of up to ten percent of the existing gross floor area, providing such change of use, or expansion is estimated to generate less than a cumulative 15 percent unit of utility demand. Trip generation data shall be pursuant to the latest edition of the Institute of Traffic Engineers publication, Trip Generation Manual. Multiple expansions of one development shall be cumulative.

C.

Construction of residential or nonresidential accessory buildings and structures, which do not create additional public facility demand.

D.

Actions administered through nonimpact development orders as well as other developments which do not increase demand on public facilities, such as grading or excavation of land, or structural alterations which do not include a change of use.

7.2.2. Vested developments. Developments with valid final development orders prior to July 20, 1992, shall be considered vested and exempt from concurrency management. These development orders shall include the following:

A.

Any development for which a valid building permit was issued prior to July 20, 1992 and has not expired.

B.

All vacant lots in single-family detached, single-family attached, and two-family subdivision plats that were platted and recorded prior to November 2, 1992.

7.2.3. Redevelopment projects.

A.

If a redevelopment proposal generates demand in excess of 110 percent of the establishment it is replacing, a concurrency review shall be required. However, the concurrency review shall only be directed to the demand generated that exceeds 110 percent of the demand of the prior existing development.

B.

If the proposed redevelopment generates equal or less demand than the existing development, the applicant for concurrency review shall be given a concurrency credit memorandum within 30 days of the concurrency evaluation that enables the applicant to reserve the unused capacity. The concurrency credit memorandum will expire within three years of its issuance.

C.

The applicant's submission of an application for a demolition permit shall initiate the concurrency review for the express purpose of issuing credits for redevelopment.

7.3.1. Generally. No development approval as set forth in section 7.1.3 shall be granted unless the city finds that capacity for public facilities exists at, or above, the adopted level of service (LOS), or that improvements necessary to bring concurrency facilities up to their adopted LOS will be in place concurrent with the impacts of the development. The city shall find that the following criteria have been met in order for a proposed development to be found in compliance with concurrency management requirements.

7.3.2. Sanitary sewer, solid waste, drainage, potable water. The concurrency requirements for sanitary sewer, solid waste, drainage, and potable water facilities, may be met by meeting any of the following standards:

A.

The development approval is granted subject to the condition that at the time of the issuance of a certificate of occupancy, or its functional equivalent, the necessary facilities and services are in place and available to serve the new development.

B.

At the time the development order or permit is issued, the necessary facilities and services are guaranteed in an enforceable development agreement to be in place and available to serve new development at the time of the issuance of a certificate of occupancy.

7.3.3. Parks and recreation. The concurrency requirements for parks and recreational may be met by meeting any of the following standards:

A.

At the time the development approval is granted, the necessary facilities and services are in place or under actual construction.

B.

The development approval is issued subject to the condition that at the time of the issuance of a certificate of occupancy or its functional equivalent, the acreage for the necessary facilities and services to serve the new development is dedicated or acquired by the local government, or funds in the amount of the developer's fair share are committed; and,

1.

The development approval is issued subject to the conditions that the necessary facilities and services needed to serve the new development area scheduled to be in place, or under actual construction, not more than one year after issuance of a certificate of occupancy or its functional equivalent, as provided in the City of Longwood five-year schedule of capital improvements; or

2.

At the time the development approval is issued, the necessary facilities and services are the subject of a binding executed agreement which requires the necessary facilities and services to serve the new development to be in place or under actual construction not more than one year after issuance of a certificate of occupancy or its functional equivalent; or

3.

At the time the development approval is issued, the necessary facilities and services are guaranteed in an enforceable development agreement pursuant to F.S. § 163.3220, or an agreement or development order issued pursuant to F.S. ch. 380, to be in place or under actual construction not more than one year after issuance of a certificate of occupancy or its functional equivalent.

7.3.4. Reserved.

(Ord. No. 24-2254, § 1, 8-5-2024)

7.3.5. Reserved.

(Ord. No. 24-2254, § 1, 8-5-2024)

Editor's note— Ord. No. 24-2254, § 1, adopted August 5, 2024, repealed § 7.4.0. Former § 7.4.0 pertained to methodology for determining demands on roadways and derived from Ord. No. 10-1929, § 1, adopted September 27, 2010 and Ord. No. 18-2136, § 3, adopted June 18, 2018.

7.5.1. Generally.

A.

Responsibility of community development director. The community development director shall be responsible for the administration of the concurrency management system. No final development order shall be issued for any development subject to the requirements of this article unless it meets the conditions stated herein.

(Ord. No. 24-2254, § 1, 8-5-2024)

7.5.2. Procedures.

A.

Application.

1.

All applicants for developments subject to a concurrency review shall make application in the manner and form described by the City of Longwood, and shall at a minimum include the proposed use, its density or intensity and anticipated completion date.

2.

No application for concurrency review will be considered unless the proposed development is consistent with the land use designation on the FLUM.

B.

Development assessment. The review of concurrency applications shall be based on the best available information. The information provided in the concurrency application shall be assumed to be correct and shall be relied on for the assessment.

C.

Concurrency determination. The city manager shall provide the applicant with a written determination concerning the proposed development no later than 30 days after submission of the complete application.

1.

Identifying the available capacity of each facility;

2.

Identifying any facility deficiencies;

3.

Identifying the improvements required for a deficient facility to meet the adopted level of service standards; and

4.

Other such findings as may be pertinent to the specific development.

D.

Certificate of concurrency.

1.

If the city manager finds that the development may be constructed without causing a reduction in any level of service established in the Comprehensive Plan, a certificate of concurrency shall be issued.

2.

If construction of the development does not substantially commence within one-year of the date of issuance of the certificate of concurrency, the certificate shall lapse and a new concurrency determination must be made for the development.

3.

Once development commences, it shall proceed to completion in accord with the authorizing development order. If construction of the development ceases for a period of 180 consecutive days or the permit is revoked, the certificate of concurrency shall lapse, and a new concurrency determination must be made before the development may be completed.

E.

Concurrency resolution. If the concurrency review determines that the proposed development will result in a reduction of service below any established level of service standard contained in the Comprehensive Plan, the city and the applicant may enter into a development agreement guaranteeing adequate facilities and services pursuant to the provisions of section 7.3.0.