No development may be approved unless it is found to be in conformance with the comprehensive plan and that certain public facilities will be available at prescribed levels of service concurrent with the impacts of the development on those facilities. This latter requirement is known as "concurrency."

(Ord. No. 90-13, § 12.01, 8-7-1990; Ord. No. 2001-06, § 2(12.01), 11-6-2001)

If a development proposal is found to meet all the requirements of this chapter, it shall be presumed to be in conformance with the comprehensive plan in all respects except for compliance with the concurrency requirement. Any aggrieved or adversely affected party may, however, question the consistency of a development proposal with the comprehensive plan. If a question of consistency is raised, the development administrator or any of the appointed boards, or the city council, depending on which is responsible for approving the development, shall make a determination of consistency or inconsistency and support that determination with written findings.

(Ord. No. 90-13, § 12.02, 8-7-1990; Ord. No. 2001-06, § 2(12.02), 11-6-2001)

(a)

A determination of project impact shall be made at two stages, leading to two separate concurrency determinations. The first concurrency determination shall occur prior to approval of a preliminary plat, rezoning, site plan or other type of development approval except a building permit, as described in subsection (c)(1) of this section. The first determination shall be a criterion for project approval but shall not bind the city in any manner whatsoever to reserve capacity for the approved project.

(b)

The second concurrency determination shall be made in conjunction with each application for a building permit, as described in subsection (c)(2) of this section. The second determination shall constitute a reservation of capacity of those public facilities required to serve the use for which a building permit is issued for the duration of the building permit.

(c)

The impact of proposed development activity on available capacity shall be determined as follows:

(1)

All development permits except building permits. Other types of development permits include, but are not limited to, approval of subdivisions, rezoning, special permits and site and development plan approval. These other types of development permits have less immediate impacts on public facilities and services than the issuance of a building permit. Therefore, such a permit may be approved if the developer shows that there will be capacity available, using the formula set out in section 54-664(a)(2) to meet the level of service standards set out in section 54-664(b) through (g).

(2)

Building permits. The issuance of a building permit has more of an immediate impact on the level of service for public facilities than may be the case with the issuance of other types of development permits. Therefore, building permits shall be issued only when the necessary facilities and services are in place. The determination that existing facilities and services provide sufficient capacity to meet level of service requirements shall be made by the development administrator before issuing a building permit.

(3)

Competing applications. In such cases where there are competing applications for public facility capacity, the following order of priority shall apply:

a.

Issuance of a building permit based upon previously approved development permits permitting redevelopment;

b.

Issuance of a building permit based upon previously approved development permits permitting new development;

c.

Issuance of new development permits permitting redevelopment;

d.

Issuance of new development permits permitting new development.

(4)

Concurrency management system. The following conditions apply to the city's concurrency management system:

a.

Amendments to the comprehensive plan can be made twice each year and as otherwise permitted as small scale developments. In addition, changes can be made to the Capital Improvements Element of the comprehensive plan by ordinance if the changes are limited to the technical matters listed in F.S. § 163.2511 et seq.

b.

No development permit shall be issued which would require the city council to delay or suspend construction of any of the capital improvements on the five-year schedule of the Capital Improvements Element of the comprehensive plan.

c.

If by issuance of a development permit a substitution of a comparable project on the five-year schedule is proposed, the applicant may request that the city council consider an amendment to the five-year schedule in one of the twice annual amendment reviews.

d.

The result of any development not meeting adopted level of service standards for public facilities shall be cessation of the affected development or the reduction of the standard for level of service (which requires an amendment to the comprehensive plan).

(Ord. No. 90-13, § 12.03, 8-7-1990; Ord. No. 2001-06, § 2(12.03), 11-6-2001)

(a)

Generally.

(1)

Level of service must be maintained.

a.

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

b.

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

(2)

Determination of available capacity. For purposes of this chapter, the available capacity of a facility shall be determined by the following formula:

a.

Existing capacity is the total capacity of the existing facilities at the required level of service standard.

b.

New capacity is the total capacity of new facilities that will become available concurrent with the impacts of 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 are under way at the time of application.

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 the development permit is issued.

3.

The new facilities have been included in the city's annual capital budget.

4.

The new facilities are guaranteed in an enforceable development agreement which may include, but is not limited to, development agreements pursuant to F.S. §§ 163.3220—163.3243, or an agreement or development permit pursuant to F.S. ch. 380. Such facilities must be consistent with the Capital Improvements Element of the comprehensive plan and approved by the city council.

5.

The developer has contributed funds to the city necessary to provide new facilities consistent with the Capital Improvements Element of the comprehensive plan. Commitment that the facilities will be built must be evidenced by an appropriate budget amendment and appropriation by the city or other governmental entity.

c.

Existing demand is the demand for the service created by existing development. For example, traffic counts on the roadway system.

d.

New demand is the new demand for the service that will be created by the anticipated completion of other presently approved building permits.

(3)

Burden of showing compliance. The burden of showing compliance with these level of service requirements shall be upon the developer. In order to be approvable, applications for development approval shall provide sufficient information showing compliance with these standards.

(b)

Transportation system. New development shall not be approved unless there is sufficient available capacity to sustain the following levels of service for transportation systems as established in the Traffic Circulation Element of the comprehensive plan:

(1)

Collector roadways: Level of service "D" at peak hour.

(2)

Arterial roadways: Level of service "D" at peak hour.

(c)

Sanitary sewer. New development shall not be approved unless there is sufficient available capacity to sustain the following levels of service for sanitary sewer systems as established in the Sanitary Sewer Element of the comprehensive plan:

(d)

Potable water. New development shall not be approved unless there is sufficient available capacity to sustain the following levels of service for potable water systems as established in the Potable Water Element of the comprehensive plan:

(e)

Drainage. New development shall not be approved unless there is sufficient available capacity to sustain the following level of service for drainage systems as established in the Drainage Element of the comprehensive plan: 25-year frequency, 24-hour duration, rainfall intensity curve—Zone 2, DOT Drainage Manual, 1979.

(f)

Solid waste. New development shall not be approved unless there is sufficient levels of service for solid waste facilities as established in the Solid Waste Element of the comprehensive plan:

(g)

Recreation. New development shall not be approved unless there is sufficient available capacity to sustain the following levels of service for the recreation facilities as established in the Recreation and Open Space Element of the comprehensive plan:

(Ord. No. 90-13, § 12.04, 8-7-1990; Ord. No. 2001-06, § 2(12.04), 11-6-2001)

(a)

Generally.

(1)

The purpose of this section is to ensure financial protection for the city by requiring large scale developments to pay their fair share for roadway improvements (i.e., Super WalMarts and/or large scale subdivisions). For purposes of this section, transportation mitigation means a contribution from the developer or owner of a development to the city which makes adequate financial provisions for the public transportation facilities needed to accommodate the impacts of the proposed development on roadway within the city.

(2)

The mitigation improvement shall be deemed to make financial provisions for such facilities if it is equal to or greater than the sum of the costs of improvements attributable to the proposed development derived from the application of the formula below.

(3)

The cost of the improvement attributable to the proposed development is based upon the sum of the cost of improving each significantly impacted county and local roadway which will operate at worse than the level of service standard in the city's comprehensive plan, at each project stage or project phase and at project buildout.

(b)

Proportionate cost share formula.

(1)

The proportionate share of the cost of improvements of each such roadway is calculated according to the following formula:

Development Trips _______ × Cost (Service Volume increase)

a.

Development Trips = Cumulative number of the trips from the proposed development expected to reach the roadway during the peak hour from the complete buildout of a stage or phase being approved.

b.

Service Volume (SV) increase = The change in peak hour maximum service volume of the roadway resulting from construction of the improvement necessary to maintain the adopted level of service.

c.

Cost = Cost of construction at the time of developer payment, of an improvement necessary to maintain the adopted level of service. Construction cost includes all improvement associated costs, including engineering design, right-of-way acquisition, planning, engineering, inspection and other associated physical development costs directly required and associated with the construction of the improvement, as determined by the city.

(2)

As used in this section:

a.

Project phase means a discrete, five-year or lesser construction timeframe of development, including the city issuance of certificates of occupancy for the construction.

b.

Roadway means an existing or planned road segment in its entirety or portion thereof, including intersections.

c.

Stage means one in a series of approximately equal increments in the development or proposed development upon which are placed quantified limits for construction that are reasonably calculated to ensure that the roadway network affected by the proposed development will not be overburdened by development traffic. As used in this section, a stage is to be a subset of a particular project phase of development planned for a project by a developer. A stage of development includes both a specific type and amount of development and the associated approved buildout timeframe for that development.

(c)

Determination of significant impact on local roadways. A local roadway shall be determined by the city to be significantly impacted by the proposed development if, at a minimum, the traffic projected to be generated at the end of any stage or phase of the proposed development, cumulatively with the previous stages or phases, will utilize five percent or more of the adopted peak hour level of service maximum service volume of the roadway and the roadway is projected to be operating below the adopted level of service standard at buildout of that stage or phase.

(d)

Adequate provision for transportation facilities. A development order shall be determined by the city to make adequate provisions for transportation roadway facilities if at a minimum it contains one of the sets of conditions in subsection (d)(1)—(4) or (5) of this section. Scheduling of facility improvements shall be as follows: A schedule which specifically provides for the mitigation of impacts from the proposed development on each significantly impacted roadway which will operate below the adopted level of service standard at the end of each project phase's buildout, or alternatively, a subset stage of that phase. The schedule shall ensure that each and every roadway improvement which is necessary to achieve the adopted level of service standard for that project stage or phase shall be guaranteed to be in place and operating or under actual construction for the entire improvement at buildout of each project stage or phase that creates the significant impact. This guarantee shall be in the form of:

(1)

A clearly identified, executed and recorded local development agreement, consistent with F.S. §§ 163.3220—163.3243, that is attached as an exhibit to the development order and which ensures at a minimum that all needed roadway improvements will be available concurrent with the impacts of development consistent with F.S. § 163.3180(2)(c);

(2)

A binding and enforceable commitment in the development order by the city to provide all needed roadway improvements concurrently with the development schedule approved in the development order;

(3)

A commitment in the current year of the city's comprehensive plan Capital Improvement Element to provide all needed roadway improvements, or the city in the current three years of the CIE is to provide all needed roadway improvements;

(4)

A binding and enforceable commitment in the development order by the developer to provide all needed roadway improvements concurrently with the development schedule approved in the development order: or

(5)

Any combination of the guarantees in subsections (d)(1)(4) of this section that ensures that all needed roadway improvements will be provided concurrently with the development schedule approved in the development order.

Example of Proportionate Cost Share

(Development Trips @ 250)

*250 trips generated × $50,000 traffic improvements

10,000 service volume trips allowed (service volume for roadway)

= $1,250.00 (proportionate cost share for proposed development)

250 trips divided by 10,000 service volume = 0.025 (percent of impact on level of service standard)

(e)

Prerequisites for commencing development. Development may proceed when all the following are met:

(1)

The comprehensive plan is in compliance;

(2)

The proposed development is consistent with the provisions of the future land use map;

(3)

The comprehensive plan includes a financially feasible capital improvements element that provides for transportation facilities adequate to serve the development, and the local government has implemented that element;

(4)

The means exist for the landowner to be assessed a fair share (proportionate cost share) of the costs of providing the transportation facilities needed to serve the proposed development; and

(5)

The landowner has made a binding commitment to the local government to pay the fair share of these costs.

(6)

Public facilities, including sanitary sewer, potable water, solid waste, and stormwater management facilities, shall be in place and available to serve new development no later than the issuance by the city of a certificate of occupancy (or its functional equivalent).

(f)

Land for expansion of public facilities. Application for development approval shall include a public facility provision indicating that adequate land exists for the expansion of public facilities to serve development. This shall include, but not be limited to, transportation right-of-way, and easements for water, sewer, drainage, and conservation areas.

(Ord. No. 2001-06, § 2(12.04.02), 11-6-2001)