(a)

Intent. This article is intended to ensure the availability of public facilities and the adequacy of those facilities at the adopted level of service (LOS) standard concurrent with the impacts of development. This intent will be implemented by means of a concurrency management system which shall measure the potential impact of a final development permit application upon the adopted minimum acceptable level of service for sanitary sewer, solid waste, drainage, potable water, parks and recreation, transportation and school facilities as provided in the comprehensive plan. For purposes of concurrency evaluation, except for final development orders, all development orders shall be deemed preliminary and shall be conditioned upon and subject to findings of adequate public facility capacity at the final stage of the development process.

(b)

Concurrency implementation strategies. The city shall annually review the concurrency implementation strategies that are incorporated in the capital improvements element:

(1)

Standards for levels of service are applied according to the timing of the impacts of development on public facilities.

(2)

Public facility capital improvements required by development applications are prioritized according to the criteria of the capital improvements element of the Comprehensive Plan. If any capital improvements required by development applications must be deferred to a future fiscal year because of insufficient funding of public facilities during the current fiscal year, the improvements to be deferred will be selected by the City Commission.

(Ord. No. 36-2006, § 1, 11-27-2006; Ord. No. 13-2008, § 1, 5-27-2008; Ord. No. 8-2016, § 2, 2-8-2016)

Definitions of terms shall be the same as in the comprehensive plan, with the following additions:

City manager. The City Manager for the City of Plant City, Florida or his/her designee(s).

Comprehensive plan. The Comprehensive Plan for the City of Plant City, Florida.

Deficient road segment. A road segment that is operating below the adopted level of service standard set forth in the comprehensive plan.

De minimis impact. An impact that would not affect more than one percent of the maximum volume at the adopted level of service of the affected transportation facility.

Final development order. Development of regional impact approved by the city commission, final subdivision plat approved by the city commission, and building permits issued by the building department.

Fiscal year. The year beginning October 1 and ending on September 30 of the following year.

Net daily trips. New traffic generated from a development that is expected to impact the external roadway network, after adjusting, as appropriate, for internal capture of traffic generated within the development.

Planning commission. The Hillsborough County City-County Planning Commission.

Preliminary development order. A zoning approval, preliminary plat, or any other development order other than a final development order.

Regulated road. A road segment that has an adopted level of service standard.

(Ord. No. 36-2006, § 1, 11-27-2006)

An annual capacity report shall be prepared in conjunction with the annual update of the capital improvements element of the comprehesive plan. The report shall include information on the capacity and levels of service of public facilities listed in table 3 of the capital improvements element.

(Ord. No. 36-2006, § 1, 11-27-2006)

(a)

Final development orders. A separate record shall be maintained during the fiscal year to indicate the cumulative impacts of all final development orders approved during the fiscal year on the capacity and level of service of public facilities. For transportation, pursuant to F.S. § 163.3180(6), the record shall include sufficient information in detail to document that the approval of de minimis projects has not caused any roadways to exceed 110 percent of the adopted level of service standard. The record of such monitoring activity and the annual capacity report shall be transmitted to the planning commission annually for use in the annual update of the capital improvements element.

(b)

Other development orders. All development orders other than final orders shall be monitored for the purposes of planning for the provision of future facilities.

(Ord. No. 36-2006, § 1, 11-27-2006)

(a)

Submission requirements.

(1)

The City shall use the procedures specified below to determine compliance of an application for a development order with this concurrency management system. At the time of application for a final development order, or at the time of preliminary plat where the applicant is requesting building permits to be issued pursuant to Section 94-74, Plant City Code, a concurrency review shall be made to determine the availability of the facilities required to be concurrent. The applicant must submit an application in a form provided by the City, along with a fee established by the City Manager in accordance with Section 102-39, Plant City Code, to defray the cost of the review.

(2)

If the applicant is the owner of an individually owned lot for which a single residential building permit is requested, the impacts will be as determined by staff and no additional information pertinent to concurrency will be requested from the applicant. For all other applicants the following information also is required:

a.

Size of the site and square footage and land use of proposed buildings.

b.

Number of residential units or the number of employees, if non-residential use.

c.

Any information about proposed sites, site conditions, or special circumstances that would result in or create unusual service demands.

d.

Traffic generation expressed as the total number of net new trips produced at the access point(s) to the site from the regulated road network.

e.

The estimated water demand in gallons per day, including fire flow requirement.

f.

The estimated wastewater generated in gallons per day.

g.

The estimated solid waste generated in pounds per day.

(b)

Methodology for level of service determination. The methodology for determining whether the levels of service of city facilities are adequate to support the impact of proposed developments is as shown below. The level of service of sanitary wastewater, solid waste, drainage, potable water, parks and recreation and transportation facilities must be determined adequate before a final development order can be issued.

(1)

Sanitary wastewater, solid waste, drainage, adequate water supplies, and potable water facilities shall be in place and available to serve new development no later than the issuance by the City Manager of a certificate of occupancy or its functional equivalent. Prior to approval of a building permit, or its functional equivalent, the City Manager shall determine whether adequate water supplies to serve the new development will be available no later than the anticipated date of issuance by the City Manager of a certificate of occupancy or its functional equivalent.

(2)

Parks and recreation facilities to serve new development shall be in place or under actual construction no later than one year after issuance by the City Manager of a certificate of occupancy or its functional equivalent. However, the acreage for such facilities shall be dedicated or acquired by the City prior to issuance by the City Manager of a certificate of occupancy or its functional equivalent, or funds in the amount of the developer's fair share shall be committed no later than the City Manager's approval to commence construction.

(3)

Transportation facilities needed to serve new development shall be in place, or will be completed prior to the first certificate of occupancy or certificate of completion, or the certificate of capacity.

(c)

Facilities. The following facilities shall be monitored by the City for purposes of conducting concurrency review. Prior to issuance of a final development order the following facilities must be determined to have adequate capacity to serve the proposed development:

(1)

Transportation.

a.

Level of service. For purposes of issuing final development orders, the minimum peak hour, peak direction level of service standard for regulated state, county and city roads shall be the level of service in the capital improvements element of the city's comprehensive plan in effect at the time of the application, except that roadway facilities on the state's strategic intermodal system designated in accordance with F.S. §§ 339.61 through 339.64, the Florida Intrastate Highway System as defined in F.S. § 338.001 and roadways funded in accordance with F.S. § 339.2819, the level of service shall be as established by rule of the department of transportation.

b.

Measurement of road capacities. The latest edition of the "Florida Department of Transportation (FDOT) Quality/Level of Service Handbook", will be used to determine initial highway capacities. The measurement of capacity may also be determined by substantiation in the form of engineering studies signed by a licensed professional engineer. Traffic analysis techniques must be technically sound and justifiable as determined by the City Manager. The most current edition of the "Plant City Roadway Inventory and Level of Service Report", will provide a basis for average daily traffic. These daily counts are to be used in traffic studies for concurrency application review. Any counts, especially those older than two years, shall be updated using the above-mentioned acceptable traffic analysis techniques, which may include more detailed analysis involving peak hour counts. Alterations to capacity on the state highway system beyond ranges established by agreement between the city and Florida Department of Transportation (FDOT) shall require FDOT approval.

c.

Required determination for roads.

1.

A project generating 500 or more net average daily trips, according to the latest version of the Institute of Transportation Engineers Trip Generation Manual, shall provide a detailed transportation analysis in accordance with the requirements of Article IX. The analysis shall be sufficient to show the project meets the minimum requirements of the comprehensive plan. The transportation analysis shall be reviewed by a traffic analyst selected by the city, provided that the costs of the review shall be prepaid by the owner. The analysis and methodology shall be in accordance with accepted traffic engineering practices and procedures. At a minimum, the analysis shall include total trips generated by the project, a.m. (if deemed necessary by the analyst) and p.m., peak hour directional trips and distribution at project access points and links to significant other roadways to such a point as the impacts become acceptable and other traffic improvements required as a result of the project. The City Manager, or designee, may require the transportation analysis to include impacts on the functionality and character of adjacent local streets.

2.

Projects generating less than 500 average net daily trips, according to the latest version of the Institute of Transportation Engineers Trip Generation Manual, shall be required to provide a transportation analysis showing daily external development trips and peak hour directional trip distribution onto the roadway network to address an isolated level of service deficiency. The City Manager, or designee, may require the transportation analysis to include impacts on the functionality and character of adjacent local streets. The transportation analysis shall be reviewed by a traffic analyst selected by the city, provided that the costs of the review shall be prepaid by the owner. The analysis and methodology shall be in accordance with generally accepted traffic engineering practices and procedures.

3.

If the proposed development will not create a deficient road segment, or place trips on a deficient road segment, the development will meet the requirements of concurrency.

4.

If a proposed development will create a deficient road segment, or place trips on a deficient road segment, the landowner shall be required to construct the identified improvements necessary to maintain the adopted level of service on the affected roadways, or mitigate the impacts in accordance with article X of chapter 102, Plant City Code.

5.

For purposes of this subsection, in order to determine "net average daily trips", average daily trips attributed to a previous use may only be utilized if the applicant can demonstrate that the subject property was used for the previous use for at least 365 consecutive days' during the preceding three year period as measured from the date of application.

d.

De minimis impacts.

1.

Development that impacts a deficient road segment is allowed if the proposed development is found to have a de minimis impact. No impact will be de minimis if the sum of existing roadway volumes and the projected volumes from approved projects on a transportation facility would exceed 110 percent of the maximum volume at the adopted level of service of the affected transportation facility; provided however, that an impact of a single-family home on an existing lot will constitute a de minimis impact on all roadways regardless of the level of the deficiency of the roadway. Further, no impact will be de minimis if it would exceed the adopted level of service standard of any affected designated hurricane evacuation routes.

2.

The City shall maintain sufficient records to ensure that the 110-percent criterion is not exceeded.

e.

Trip distribution requirements. In determining the boundaries of a development's impacts on the roadway system, the landowner must demonstrate the following:

1.

For issuance of final development orders, the standards for levels of service shall be applied to all regulated roads within one-quarter mile, or the nearest regulated road when none are within one-quarter mile, of any point on the proposed development boundary. For those regulated roads, the development's area of influence is as determined by the table below. Each access point shall be identified as a center of radius. There shall be one area of influence for each access point, based on the maximum radius indicated in the table below. The standards for level of service shall be applied to all segments of such regulated roads that lie in whole or in part in the development's area of influence.

2.

On projects within the Interstate 4 corridor (which is bounded on the north by Knights Griffin Road and to the south by U.S. 92), traffic analysis will include impacts on Interstate 4.

3.

Intersection review. The landowner of any development which would, during the buildout period of the project, result in net trips equal to or more than ten percent of the total traffic on an average daily traffic basis, on any link of a regulated roadway that lies in whole or in part within the project's radius of development influence and connects to a major intersection, shall provide a detailed analysis of the critical volumes in the intersection, and may be required as a condition of approval to provide intersection improvements.

(2)

Potable water. The levels of service and the available reserve capacity for potable water shall be as provided in the capital improvements element of the Comprehensive Plan in effect at the time of the application. The impact on the water treatment plant shall be calculated using the appropriate standards as shown in the annual capacity report. The estimated number of gallons generated by the proposed development shall be subtracted cumulatively from the available capacity shown in the annual capacity report to determine whether the potable water capacity is adequate to support the development and whether the final development order can be issued.

(3)

Sanitary wastewater. The levels of service and the available reserve capacity for wastewater shall be as provided in the capital improvements element of the comprehensive plan in effect at the time of the application. The impact on the wastewater treatment plant shall be calculated using the appropriate standards as shown in the annual capacity report. The estimated number of gallons generated by the proposed development shall be subtracted cumulatively from the available capacity shown in the annual capacity report to determine whether the wastewater capacity is adequate to support the development and whether the final development order can be issued.

(4)

Parks and recreation.

a.

The levels of service and the available reserve capacity for parks and recreation shall be as provided in the capital improvements element of the comprehensive plan in effect at the time of the application.

b.

The impact of a proposed residential development shall be determined by calculating the population to be housed using average household size data as maintained by the Hillsborough County City-County Planning Commission. The estimated acres of parkland required by the proposed development shall be subtracted cumulatively from the available capacity shown in the annual capacity report to determine whether the quantity of parkland is adequate to support the development and whether the final development order can be issued.

(5)

Solid waste. The adopted level of service for solid waste shall be as provided in the capital improvements element of the comprehensive plan in effect at the time of the application.

(6)

Stormwater management. The stormwater management level of service shall be as provided in the capital improvements element of the comprehensive plan in effect at the time of the application.

(7)

School facilities.

a.

The City, through its implementation of concurrency management system and intergovernmental coordination agreement with the School Board, shall ensure that the capacity of schools is sufficient to support residential subdivisions and site plans. The adopted level of service for school facilities shall be provided in the public school facilities element (PSFE) of the comprehensive plan.

b.

Projects that do not generate at least one full student at the elementary school level utilizing applicable student generation multipliers in effect at the time of the request are exempt from this Section.

c.

The City Manager shall provide the School Board with all residential applications for rezonings, developments of regional impacts, preliminary plats, final plats, and nonplatted residential site plans. Within the following number of days after notification, the school board shall provide the estimated school enrollment impacts anticipated to result from the proposed application, as well as whether sufficient capacity exists or is planned to accommodate the impacts:

1.

Fifteen working days for a preliminary plat, a final plat, and a nonplatted residential plan.

2.

Twenty calendar days for all rezonings, except PD Planned Development District rezonings.

3.

Thirty calendar days for PD Planned Development District rezonings and developments of regional impact (DRI).

d.

If the School Board reports that the proposed residential development does not meet the adopted level of service, the applicant shall coordinate with the School Board and the City to mitigate the impacts of the proposed residential development. The mitigation plan shall be consistent with the PSFE and the intergovernmental coordination element of the comprehensive plan.

(8)

In accordance with Section 1-14, Plant City Code, any person violating any of the provisions of this Section shall, upon conviction thereof, be punished by a fine not to exceed $500.00, or by imprisonment not to exceed 60 days, or by both such fine and imprisonment. Furthermore, the provisions of this Section may be enforced in accordance with Chapter 2, Article V, Division 2, Plant City Code, or any other remedy available under the ordinances of the City of Plant City or the laws of the State of Florida.

(Ord. No. 13-2008, § 3, 5-27-2008; Ord. No. 05-2013, § 29, 2-25-2013; Ord. No. 42-2023, § 6, 11-27-2023; Ord No. 33-2024, § 3, 9-23-2024)

(a)

Certificate of capacity. The City Manager shall conduct concurrency reviews prior to the issuance of a building permit or approval by the city commission of a final subdivision plat, whichever occurs first, in order to determine that capacity exists to meet concurrency requirements in all elements applicable to the proposed development. Upon determination that capacity exists to meet concurrency requirements in all elements applicable to the proposed development, a certificate of capacity shall be issued at the time of final development order. The certificate shall be good for a period of nine months or until construction-plan approval is obtained, whichever is sooner. If construction-plan approval is not obtained within the allowed period, the certificate will expire and a new determination of capacity will be required at the time of construction plan review. If a construction plan has been submitted, but not approved, the City Manager may approve a three month extension of the certificate of capacity. The certificate of capacity is good for a two-year period upon construction plan approval. At issuance of the certificate of occupancy, the certificate of capacity becomes permanent. A certificate of capacity shall run with the land.

(b)

Extension of certificate of capacity. The certificate of capacity may be extended, concurrent with the extension of the proposed development's construction-plan approval in up to two one-year extensions if a written request is made to the City Manager at least 30 days prior to the termination of the original approval (or previous extension) and the developer has shown good cause for the extension. The extension shall be for the original site use and configuration only. Approvals for extension will not be granted if the project is not in compliance with the requirements in effect at the time of the issuance of the certificate of capacity. The holder of a certificate of capacity may cancel the certificate at any time.

(c)

Expiration or cancellation. If the certificate of capacity has expired or been canceled, that development's reserved capacity will then be returned to the system for use by other developments.

(Ord. No. 36-2006, § 1, 11-27-2006)

The City Commission shall hear all appeals regarding concurrency determinations. Concurrency determinations may be appealed to the City Commission by filing with the City Clerk a notice of appeal specifying the grounds thereof within 30 days of the date of the concurrency determination by the City Manager.

(Ord. No. 36-2006, § 1, 11-27-2006)