Concurrency is a term used in F.S. chapter 163, and in 9J-5, Florida Administrative Code, to describe the situation that exists when the facilities necessary to support development are in place and operational at the same time that the development will use those facilities.

The concurrency management system must provide the city with the ability to make determinations that specific development projects will not degrade the levels of service below those adopted by the Palmetto City Commission for any concurrency facility. To fully perform as a management system and meet the requirements established by the capital improvements element of the comprehensive plan, the following components of the system must be available at a minimum:

(1)

The ability to identify existing capacities and current usage of those capacities within the defined service area for concurrency facilities.

(2)

The ability to determine the project demand and compare that demand against available capacity.

(3)

An updating capability that allows for the periodic correction of databases to account for expansion of capacity within facility types, new facilities and service areas, and corrections based on actual data on facility usage.

(Ord. No. 2024-04, § 2, 11-18-24)

A concurrency determination shall be required prior to the issuance of any development permit. However, neither a draw-down of facility capacity nor a certificate of concurrency will be issued until the building permit stage. Inadequate capacity in any facility/service is grounds for denial of a development permit. The concurrency certificate shall be valid for six-months with a six-month extension or until the building permit expires, whichever is less. The development of a single-family home and a nonresidential use of less than one thousand five hundred (1,500) square feet shall be exempt from a concurrency determination. However, note that cumulative impacts must be monitored periodically.

In order to obtain a certificate of concurrency, one (1) of the following conditions must be satisfied.

For water, wastewater, drainage and solid waste:

(1)

Necessary facilities and services are in place at the time the development permit is issued; or

(2)

Necessary facilities will be in place when the impacts of development occur (a conditional development permit); or

(3)

Necessary facilities are under construction at the time the permit is issued; or

(4)

Necessary facilities/services are guaranteed in an enforceable development agreement pursuant to Sections 163.3220 through 163.3243, Florida Statutes or an agreement or development order issued pursuant to Chapter 380, Florida Statutes; or

For transportation and recreation/open space, any one (1) of the above and:

(5)

Necessary facilities and services are the subject of a binding executed contract between the city and a contractor which provides for the commencement of actual construction or provision of services within one (1) year after the issuance of a development permit.

The following calculations shall be used to determine the projected demand of the proposed project described in an application for a development permit on the public facilities and services. The calculations are listed by public facility and service type. The city clerk or his designee shall be authorized to review calculations in paragraphs (a) through (f). All required data shall be provided by the applicant to the city.

(a)

Potable water:

Adopted LOS = 105 gal./day/capita (nonresidential uses are included in the adopted LOS)

105 gal. × 2.2 persons/household × _______ units = demand

(b)

Wastewater:

Adopted LOS = 100 gal./day/capita (nonresidential uses are included in the adopted LOS)

100 gal. × 2.2 persons/household × _______ units = demand

(c)

Stormwater management (drainage):

Adopted LOS = 25-year, 24-hour storm event.

Drainage calculations shall meet the standards adopted in the City of Palmetto Engineering Design Criteria Manual and the Palmetto Comprehensive Plan.

(d)

Solid waste:

Adopted LOS = 7.1 lbs./day/capita (nonresidential uses are included in the adopted LOS)

7.1 lbs. × 2.2 persons/household × _______ units = demand

(e)

Recreation:

Refer to the Palmetto Comprehensive Plan for the adopted level of service standards.

Project population = _______ units x 2.2 persons/household

Project population/LOS = demand

(f)

Transportation:

Refer to the Palmetto Comprehensive Plan for the adopted level of service standards.

(1)

Determine the number of trips generated by the proposed project during the p.m. peak hour, using the most recent edition of the ITE Trip Generation Report, with no adjustment for internal capture or passerby trips.

(2)

If the total number of trips is equal to or greater than fifty (50) trips, a transportation study shall be done. The report shall be signed and/or sealed by either a registered professional engineer or a member of the American Institute of Certified Planners.

a.

If no transportation study is required, the applicant is required to provide only the existing directional p.m. peak hour traffic volumes and level of service for the roadway link to which project driveways connect. This information shall include project traffic.

b.

The data shall be in conformance with section 14.6(c), notes a. and b.

If a transportation study is required, it shall be performed by a registered professional engineer or a member of the American Institute of Certified Planners.

The transportation study shall be performed in accordance with the requirements set forth in section 14.6 hereof.

(a)

Preapplication meeting: A preapplication meeting between the city and the applicant is required. The purpose of this meeting will be to review the methodology and procedure, and to determine the study period. This will usually be a p.m. peak hour analysis; however, other time periods may require analysis.

(b)

Define study area: The study area is defined as roadways impacted by the project at four and one-half (4.5) percent of LOS "D" capacity.

(c)

Existing conditions: The following existing conditions shall be provided:

(1)

Existing directional p.m. peak hour traffic volumes and level service on all collectors and arterials within the study area.

(2)

Existing turning movement volumes at the impacted intersection(s) and intersection(s) level(s) of service.

Notes:

a.

The above required data shall be no older than the previous calendar year. Volumes shall be adjusted to reflect annual conditions using current FDOT seasonal adjustment factors for Manatee County or other adjustment factors approved by the city.

b.

The above required level(s) of service for roadways shall be determined in accordance with current FDOT generalized service volume procedures.

c.

The above required intersection capacity(s) shall be determined using computer software based on the 1985 Highway Capacity Manual, Special Report 209, Transportation Research Board, National Research Council.

(d)

Projection of background traffic: Volume(s) shall be projected for the year of project completion. Volumes can be determined using one (1) of the following procedures:

(1)

Multiply existing volumes by an annual growth factor provided by the city. Traffic generated by any major project approved since the traffic counts were conducted shall be included as background traffic.

(2)

Multiply existing volumes by an annual growth factor developed by the applicant and approved by the city. This growth factor must be based on data collected on three (3) roadways in the vicinity of the project over the last three (3) years. Traffic generated by any major project approved since the traffic counts were conducted shall be included as background traffic.

(3)

Develop a computer model.

(e)

Project traffic generation: The following procedures and information shall be provided:

(1)

To determine project traffic generation, the current edition of the ITE Trip Generation Report shall be used.

(2)

Identify all land use codes, amount of development and trip rates.

(3)

Trip rates may be obtained from studies of comparable sites in the City of Palmetto or using data from previous traffic generation studies. The city must approve the trip rates.

(4)

Any proposed reduction factors for capture of trips between land uses of a mixed use project or for passerby trips shall be provided by the applicant at the preapplication/methodology meeting and approved by the city.

(f)

Project traffic distribution: One (1) of the following methods shall be used:

(1)

If the project generates fewer than one hundred (100) peak hour trips, the distribution can be developed based upon those of similar projects.

(2)

For any project, manual gravity model distribution can be developed. The travel-time method described in Chapter 3 of ITE Transportation and Land Development shall be used.

(3)

For any project, a computerized distribution model, such as FSUTMS or QRSII, can be developed.

Note: The applicant for a development permit shall provide the city with all information required by the city so as to enable the concurrency evaluation. This includes all of the information required for calculating projected demand for certificates of concurrency.

If the applicant claims the standards provided in the demand calculations are not applicable to the proposed project, the applicant shall submit appropriate documentation supporting the proposed alternative demand calculation to the city. Any alternative calculation standard shall be subject to the approval of the city clerk or his designee.

Any appeal of a decision to deny a certificate of concurrency shall be received in writing within ten (10) working days to the office of the city clerk. The appeal request will be heard by the board of adjustment.

(a)

Purpose and intent. The purpose of this section is to establish a method whereby the impacts of development on transportation facilities can be mitigated by the cooperative efforts of the public and private sectors, to be known as the proportionate fair-share program, as required by and in a manner consistent with F.S. § 163.3180(16). Where there is a conflict between the provisions of this section 14.9 and other provisions of this code, the provisions of this section 14.9 shall control.

(b)

Applicability. The proportionate fair-share program shall apply to all developments in the city that have been notified of a lack of capacity to satisfy transportation concurrency on a transportation facility in the city's concurrency management system, including transportation facilities maintained by FDOT or another jurisdiction that are relied upon for concurrency determinations, pursuant to the requirements of subsection (c), below. The proportionate fair-share program does not apply to developments of regional impact (DRIs) using proportionate fair-share under F.S. § 163.3180(12), or to developments exempted from concurrency as provided in section 14.2 of this code and F.S. § 163.3180.

(c)

General requirements.

(1)

An applicant may choose to satisfy the transportation concurrency requirements of the city by making a proportionate fair-share contribution, pursuant to the following requirements:

a.

The proposed development is consistent with the comprehensive plan and applicable land development regulations.

b.

The five-year schedule of the capital improvements in the city's capital improvement element of the comprehensive plan (CIE), or the long-term schedule of capital improvements for an adopted long-term concurrency management system (CMS), includes a transportation improvement(s) that, upon completion, will satisfy the requirements of the city transportation CMS. The provisions of subsection (2), below, may apply if a project or projects needed to satisfy concurrency are not presently contained within the CIE or an adopted long-term schedule of capital improvements.

(2)

The city may choose to allow an applicant to satisfy transportation concurrency through the proportionate fair-share program by contributing an improvement that, upon completion, will satisfy the requirements of the city transportation CMS, but is not contained in the five-year schedule of capital improvements in the CIE or a long-term schedule of capital improvements for an adopted long-term CMS, where the following apply:

a.

The city adopts, by resolution, a commitment to add the improvement to the five-year schedule of capital improvements in the CIE or long-term schedule of capital improvements for an adopted long-term CMS no later than the next regularly scheduled update. To qualify for consideration under this subsection (2), the proposed improvement must be reviewed by the city commission, and determined to be financially feasible pursuant to F.S. § 163.3180(16), consistent with the comprehensive plan, and in compliance with the provisions of this ordinance. Financial feasibility for this subsection (2) means that additional contributions, payments or funding sources are reasonably anticipated during a period not to exceed ten (10) years to fully mitigate impacts on the transportation facilities.

b.

If the funds allocated for the five-year schedule of capital improvements in the CIE are insufficient to fully fund construction of a transportation improvement required by the CMS, the city may still enter into a binding proportionate fair-share agreement with the applicant authorizing construction of that amount of development on which the proportionate fair-share is calculated if the proportionate fair-share amount in such agreement is sufficient to pay for one (1) or more improvements which will, in the opinion of the governmental entity or entities maintaining the transportation facilities, significantly benefit the impacted transportation system. The improvement or improvements funded by the proportionate fair-share component must be adopted into the five-year capital improvements schedule of the comprehensive plan or the long-term schedule of capital improvements for an adopted long-term CMS at the next annual capital improvements element update.

(3)

Any improvement project proposed to meet the developer's fair-share obligation must meet design standards of the city for locally maintained roadways and those of FDOT for the state highway system.

(d)

Intergovernmental coordination. Pursuant to policies in the intergovernmental coordination element of the city's comprehensive plan and applicable policies in any adopted intergovernmental transportation plans, the city shall coordinate with affected jurisdictions, including FDOT, regarding mitigation to impacted facilities not under the jurisdiction of the local government receiving the application for proportionate fair-share mitigation. An interlocal agreement may be established with other affected jurisdictions for this purpose.

(e)

Application process.

(1)

Upon notification of a lack of capacity to satisfy transportation concurrency, the applicant shall also be notified in writing of the opportunity to satisfy transportation concurrency through the proportionate fair-share program pursuant to the requirements of subsection (c).

(2)

Prior to submitting an application for a proportionate fair-share agreement, a preapplication meeting shall be held to discuss eligibility, application submittal requirements, potential mitigation options, and related issues. If the impacted facility is on the SIS, then FDOT will be notified and invited to participate in the preapplication meeting.

(3)

Eligible applicants shall submit an application to the city that includes an application fee of three hundred fifty dollars ($350.00) and the following:

a.

Name, address and phone number of owner(s), developer and agent;

b.

Property location, including parcel identification numbers;

c.

Legal description and survey of property;

d.

Project description, including type, intensity and amount of development;

e.

Phasing schedule, if applicable;

f.

Description of requested proportionate fair-share mitigation method(s); and

g.

Copy of concurrency application.

(4)

The public works director, or his designee, shall review the application and certify that the application is sufficient and complete within twenty (20) business days. If an application is determined to be insufficient, incomplete, or inconsistent with the general requirements of the proportionate fair-share program as indicated in subsection (c), then the applicant will be notified in writing of the reasons for such deficiencies within ten (10) business days of submittal of the application. If such deficiencies are not remedied by the applicant within thirty (30) days of receipt of the written notification, then the application will be deemed abandoned. The city commission may, in its discretion, grant an extension of time not to exceed sixty (60) days to cure such deficiencies, provided that the applicant has shown good cause for the extension and has taken reasonable steps to effect a cure.

(5)

Pursuant to F.S. § 163.3180(16)(e), proposed proportionate fair-share mitigation for development impacts to facilities on the SIS requires the concurrency of FDOT. The applicant shall submit evidence of an agreement between the applicant and FDOT for inclusion in the proportionate fair-share agreement.

(6)

When an application is deemed sufficient, complete, and eligible, the applicant shall be advised in writing and a proposed proportionate fair-share obligation and binding agreement will be prepared by the city or the applicant with direction from the city and delivered to the appropriate parties for review, including a copy to FDOT for any proposed proportionate fair-share mitigation on a SIS facility, no later than sixty (60) days from the date at which the applicant received the notification of a sufficient application and no fewer than fourteen (14) days prior to the city commission meeting when the agreement will be considered.

(7)

The city shall notify the applicant of the date of the city commission meeting when the agreement will be considered for final approval. No proportionate fair-share agreement will be effective until approved by the city commission, or pursuant to staff approval for agreements below twenty-five thousand dollars ($25,000.00).

(f)

Determining proportionate fair-share obligation.

(1)

Proportionate fair-share mitigation for concurrency impacts may include, without limitation, separately or collectively, private funds, contributions of land, and construction and contribution of facilities.

(2)

A development shall not be required to pay more than its proportionate fair-share. The fair market value of the proportionate fair-share mitigation for the impacted facilities shall not differ regardless of the method of mitigation.

(3)

The methodology used to calculate an applicant's proportionate fair-share obligation shall be as provided for in F.S. § 163.3180(12), as follows:

"The cumulative number of trips from the proposed development expected to reach roadways during peak hours from the complete build out of a stage or phase being approved, divided by the change in the peak hour maximum service volume (MSV) of roadways resulting from construction of an improvement necessary to maintain the adopted LOS, multiplied by the construction cost, at the time of developer payment, of the improvement necessary to maintain the adopted LOS."

OR

Proportionate Fair-Share = σ[[(Development Trips;sub\sub;)/(SV Increase;sub\sub;)] × Cost;sub\sub;]

Where: Development Trips;sub\sub;= Those trips from the stage or phase of development under review that are assigned to roadway segment "i" and have triggered a deficiency per the CMS;

SV Increase;sub\sub;= Service volume increase provided by the eligible improvement to roadway segment "i" per subsection (c);

Cost;sub\sub;= Adjusted cost of the improvement to segment "i". Cost shall include all improvements and associated costs, such as design, right-of-way acquisition, planning, engineering, inspection, and physical development costs directly associated with construction at the anticipated cost in the year it will be incurred.

(4)

For the purposes of determining proportionate fair-share obligations, the city shall determine improvement costs based upon the actual cost of the improvement as obtained from the CIE, the MPO/TIP or FDOT work program. Where such information is not available, improvement cost shall be determined using one (1) of the following methods:

a.

An analysis by the city of costs by cross section type that incorporates data from recent projects and is updated annually and approved by the city commission. Project costs shall be adjusted to accommodate for increases in construction material costs due to inflation and other economic factors.

b.

The most recent issue of FDOT transportation costs, as adjusted based upon the type of cross section (urban or rural); locally available data from recent projects on acquisition, drainage and utility costs; and significant changes in the cost of materials due to unforeseeable events. Cost estimates for state road improvements not included in the adopted FDOT Work Program shall be determined using this method in coordination with FDOT District 1.

(5)

If the city has accepted an improvement project proposed by the applicant, then the value of the improvement shall be determined using one (1) of the methods provided in this subsection (f).

(6)

If the city has accepted right-of-way dedication for the proportionate fair-share payment, credit for the dedication of the non-site-related right-of-way shall be valued on the date of the dedication at one hundred fifteen (115) percent of the most recent assessed value by the property appraiser or, at the option of the applicant, by fair market value established by an independent appraisal approved by the city and at no expense to the city. The applicant shall supply a drawing and legal description of the land and a certificate of title or title search of the land to the city at no expense to the city. If the estimated value of the right-of-way dedication proposed by the applicant is less than the city-estimated total proportionate fair-share obligation for that development, then the applicant must also pay the difference. Prior to purchase or acquisition of any real estate or acceptance of donations of real estate intended to be used for the proportionate fair-share, public or private partners should contact FDOT for essential information about compliance with federal law and regulations.

(g)

Impact fee credit for proportionate fair-share mitigation.

(1)

This subsection (g) shall apply when impact fees are being imposed on developers, developing property within the city.

(2)

Proportionate fair-share contributions shall be applied as a credit against impact fees to the extent that all or a portion of the proportionate fair-share mitigation is used to address the same capital infrastructure improvements contemplated by the local government's impact fee ordinance.

(3)

Impact fee credits for the proportionate fair-share contribution will be determined when the transportation impact fee obligation is calculated for the proposed development. Impact fees owed by the applicant will be reduced per the proportionate fair-share agreement as they become due per any city impact fee ordinance. If the applicant's proportionate fair-share obligation is less than the development's anticipated road impact fee for the specific stage or phase of development under review, then the applicant or its successor must pay the remaining impact fee amount to the city pursuant to the requirements of any city impact fee ordinance.

(4)

Major projects not included within an impact fee ordinance or created under subsection (c)(2)a. and b., above, which can demonstrate a significant benefit to the impacted transportation system may be eligible at the government's discretion for impact fee credits.

(5)

The proportionate fair-share obligation is intended to mitigate the transportation impacts of a proposed development at a specific location. As a result, any road impact fee credit based upon proportionate fair-share contributions for a proposed development cannot be transferred to any other location unless provided for within an impact fee ordinance.

(h)

Proportionate fair-share agreements.

(1)

Upon execution of a proportionate fair-share agreement (agreement) and in accordance with the requirements of section 14.2, concurrency review, the applicant shall receive a city certificate of level of service. Should the applicant fail to apply for a development permit within three (3) years of the execution of the agreement, then the agreement and the certificate of level of service shall be considered null and void, and the applicant shall be required to reapply. The executed agreement shall satisfy the contract requirement in section 14.3.

(2)

Payment of the proportionate fair-share contribution is due in full prior to issuance of the final development order or recording of the final plat and shall be nonrefundable. If the payment is submitted more than twelve (12) months from the date of execution of the agreement, then the proportionate fair-share cost shall be recalculated at the time of payment based on the best estimate of the construction cost of the required improvement at the time of payment, pursuant to subsection (f) and adjusted accordingly.

(3)

All developer improvements authorized under subsection (f)(5) must be completed prior to issuance of a development permit, or as otherwise established in a binding agreement that is accompanied by a security instrument that is sufficient to ensure the completion of all required improvements. It is the intent of this subsection that any such required improvements be completed before issuance of building permits or certificates of occupancy.

(4)

Dedication of necessary right-of-way for facility improvements pursuant to a proportionate fair-share agreement must be completed prior to issuance of the final development order or recording of the final plat.

(5)

Any requested change to a development project subsequent to approval of a development order may be subject to additional proportionate fair-share contributions to the extent the change would generate additional traffic that would require mitigation.

(6)

Applicants may submit a letter to withdraw from a proposed proportionate fair-share agreement at any time prior to the execution of the agreement. The application fee and any associated advertising costs to the city will be nonrefundable.

(7)

The city may enter into proportionate fair-share agreements for selected corridor improvements to facilitate collaboration among multiple applicants on improvements to a shared transportation facility.

(i)

Appropriation of fair-share revenues.

(1)

Proportionate fair-share revenues shall be placed in the appropriate project account for funding of scheduled improvements in the city CIE, or as otherwise established in the terms of the proportionate fair-share agreement. At the discretion of the city, proportionate fair-share revenues may be used for operational improvements prior to construction of the capacity project from which the proportionate fair-share revenues were derived. Proportionate fair-share revenues may also be used as the fifty (50) percent local match for funding under FDOT TRIP.

(2)

In the event a scheduled facility improvement is removed from the CIE, then the revenues collected for its construction may be applied toward the construction of another improvement within the same corridor or sector that would mitigate the impacts of development pursuant to the requirements of subsection (c)(2)b., above.

Where an impacted regional facility has been designated as a regionally significant transportation facility in an adopted regional transportation plan as provided in F.S. section 339.155, then the city may coordinate with the other impacted jurisdictions and agencies to apply proportionate fair-share contributions and public contributions to seek funding for improving the impacted regional facility under FDOT TRIP. Such coordination shall be ratified by the city through an interlocal agreement that establishes a procedure for earmarking of the developer contributions for this purpose.

(3)

The city shall include terms and conditions in all proportionate fair-share agreements to address reimbursing the applicant in the event that applicant constructs a transportation facility that exceeds the applicant's proportionate fair-share obligation calculated under subsection (f), above.

(j)

Cross jurisdictional impacts.

(1)

In the interest of intergovernmental coordination and to reflect the shared responsibilities for managing development and concurrency, the city is authorized to enter an agreement with one (1) or more adjacent local governments to address cross jurisdictional impacts of development on regional transportation facilities. The agreement shall provide for application of the methodology in this subsection to address the cross jurisdictional transportation impacts of development.

(2)

A development application submitted to the city subject to a transportation concurrency determination meeting all of the following criteria shall be subject to this subsection:

a.

All or part of the proposed development is located within ten (10) miles of the area which is under the jurisdiction, for transportation concurrency, of an adjacent local government; and

b.

Using its own concurrency analysis procedures, the city concludes that the additional traffic from the proposed development would use five (5) percent or more of the adopted peak hour LOS maximum service volume of a regional transportation facility within the concurrency jurisdiction of the adjacent local government ("impacted regional facility"); and

c.

The impacted regional facility is projected to be operating below the level of service standard, adopted by the adjacent local government, when the traffic from the proposed development is included.

(3)

Upon identification of an impacted regional facility pursuant to subsection (j)(2)a. through c. above, the city shall notify the applicant and the affected adjacent local government in writing of the opportunity to derive an additional proportionate fair-share contribution, based on the projected impacts of the proposed development on the impacted adjacent facility.

a.

The adjacent local government shall have up to ninety (90) days in which to notify the city of a proposed specific proportionate fair-share obligation, and the intended use of the funds when received. The adjacent local government must provide reasonable justification that both the amount of the payment and its intended use comply with the requirements of F.S. section 163.3180(16), Should the adjacent local government decline proportionate fair-share mitigation under this subsection, then the provisions of this subsection would not apply and the applicant would be subject only to the proportionate fair-share requirements of the city.

b.

If the subject application is subsequently approved by the city, the approval shall include a condition that the applicant provides, prior to the issuance of any building permit covered by that application, evidence that the proportionate fair-share obligation to the adjacent local government has been satisfied. The city may require the adjacent local government to declare, in a resolution, ordinance, or equivalent document, its intent for the use of the concurrency funds to be paid by the applicant.

(k)

Appeals. Appeals for reconsideration of any city determination made pursuant to this section shall be done in writing within ten (10) days. Reconsideration shall be at the discretion of the official, board, or commission making the original determination. Any determination made after reconsideration shall be final and shall be made in writing no more than forty-five (45) days following the receipt of the reconsideration request.

(Ord. No. 07-933, § 2, 7-2-07)