Public facilities and services shall be determined to be adequate to serve the needs of a proposed development when traffic circulation, recreation, drainage and flood protection, potable water, solid waste and sanitary sewer public facilities and services will be available to meet established level-of-service standards, consistent with F.S. ch. 163 and the concurrency management provisions of this Code.

(Ord. No. 2530, § 2, 5-1-91)

(a)

Generally. New development shall not be approved unless there is sufficient available design capacity to sustain the following levels of service as established in the city comprehensive plan.

(b)

Streets.

(1)

Level of service C (peak hour and daily) on all arterials, collectors and local streets except on Broadway, Old Dixie Highway and Blue Heron Boulevard, which are D.

(2)

Interstate 95 shall be designated a backlogged facility under a maintain service standard until such time as it is improved and will operate under a LOS D standard; this means during the interim traffic volumes shall be maintained within 110 percent of the 1989 level.

(c)

Sanitary sewer. The city collection and treatment system shall accommodate an average daily flow of at least 135 gallons per person per day.

(d)

Drainage. All new development shall detain on-site, the first inch of runoff or runoff from a one-hour storm that statistically occurs once in three years, whichever is greater; all ground floor elevations shall be above the 100-year storm elevations. The drainage system of new developments shall also be designed to comply with the water quantity and quality requirements of the appropriate permitting agency, but post-development runoff shall not exceed pre-development runoff.

(e)

Water. The city water system shall provide 177 gallons per person per day at sufficient pressure to meet fire flow demands as determined by the fire chief; a storage capacity of at least 4,300,000 shall be maintained.

(f)

Solid waste. City trucks and the county disposal system shall be able to accommodate six pounds per capita per day.

(g)

Recreation. At least three acres of neighborhood and community public recreation land per 1,000 population are required.

(Ord. No. 2530, § 2, 5-1-91)

(a)

Development subject to adequacy determination. Chapter 9J-5 of the Florida Administrative Code requires that no development permit (as defined in F.S. § 163.3164) shall be issued if it would cause a reduction in an adopted level of service. The concurrency management system application of this is as follows:

(1)

New development.

a.

Concurrency certification. Level-of-service standard compliance will be finally calculated and the facility capacity reserved at the time of approval of a site plan, single-family subdivision plat, enforceable developer's agreement, or if none of the above apply, building permit. This is in conformance with 9J-5.0055 of the Florida Administrative Code which requires a specific plan for development, including densities and intensities of development. See also subsection (3) of this section for exemptions to the above.

b.

Courtesy concurrency determination. The city or the applicant may request a preliminary concurrency review at an earlier development permit stage, including rezonings, other types of subdivisions, special exceptions or variances. Such a review may also be requested for future land use map amendments or annexations. This review does not guarantee capacity reservation.

(2)

Addition or change of use. Any building addition or a basic change of building use which increases public facility usage shall be subject to concurrency review. Only the incremental increase in facility capacity usage over the existing usage will be assessed for concurrency.

(3)

Property which is exempt.

a.

DRI. Development which is authorized by a development of regional impact (DRI) development order approved prior to adoption of the ordinance from which this section is derived.

b.

Vested projects. The criteria for determining whether a previously approved project is exempt from this article is as follows: If a site plan was approved after January 1, 1986, and a building permit based upon that site plan is obtained by January 1, 1993. If a site plan is not required, then concurrency must be met at the time of building permit application if such application is submitted after the effective date of the ordinance from which this section is derived, unless otherwise exempt. See subsection (4) of this section for vesting appeal process.

c.

Houses. Development which is one single-family or duplex dwelling on a lot in single and separate ownership from adjacent lots.

d.

Building use change. Any change of building use which clearly causes no increase in public facility usage due to the similarities of the uses or a reduction in all facility usages; however, any increase in required parking shall require a concurrency review.

e.

Public uses. Development which is a government facility which the city council finds is essential to the health or safety of the city residents.

(4)

Appeal process. Any applicant that is aggrieved by a decision of the director relative to vesting based upon expenditures made in reliance upon the existing code or other decision relative to whether or not a project is subject to concurrency review may appeal to the city council.

(b)

Measurement of level-of-service capacities.

(1)

Water and wastewater. Measurement of the capacity of water and wastewater treatment/storage facilities will be based on current design capacities. Project flows may be based upon the generation rates in tables II and III. Alternative methods or sources may be used but they must be acceptable to the director of utilities or city engineer.

(2)

Roadways. The standard for measuring highway capacities shall be the state department of transportation table of generalized daily level-of-service maximum volumes. The measurement of capacity may also be determined by engineering studies or other data provided that analysis techniques are technically sound and acceptable to the city engineer. Traffic generation shall be based upon the rates contained in county Ordinance No. 89-19 (road impact fee ordinance) which provides the basis for table I, or the Institute of Transportation Engineers (ITE) Manual. The impact shall be presumed to be limited to the collector or arterial serving the local street giving access to the lot, or to the collector or arterial giving direct access to the lot.

(c)

Traffic capacity review procedures. Traffic capacity review procedures shall be as follows:

(1)

Projects generating less than 500 additional trips. If a development permit subject to concurrency review is for a project that generates less than 500 additional net trips per day, no county review is required. Capacity review will be performed by the city. The following steps shall be followed:

a.

Traffic study. The applicant shall submit a traffic study by a professional engineer unless the project is exclusively residential with 50 or fewer units. In minor projects a traffic impact statement may be sufficient as determined by the city engineer.

b.

Engineering review. The city engineer shall review the traffic statement or study to determine level of service compliance.

(2)

Projects generating more than 500 additional trips. County review is required. If the project will add more than 500 net trips per day to the county and/or state system of collector and arterial streets, conformance to the county traffic performance ordinances shall be demonstrated (Ordinance Nos. 90-6 and 90-7, and any amendments thereto). The only exemptions from this subsection are if the project received a site-specific formal development permit prior to January 30, 1990, or in some other way is determined to be vested by the city attorney. Specifically, the following steps shall be followed; see the county ordinances for detailed procedures:

a.

Traffic study. The applicant shall submit a traffic study by a professional traffic engineer unless the project is exclusively residential with 50 or fewer units.

b.

Engineer review. The city engineer shall review the traffic study to determine conformance with county Ordinance No. 90-7 or request the county engineer to perform such a review. In the former case, the city engineer shall submit his review to the county engineer; the county engineer shall have 30 days to review the city engineer's report. See county Ordinance No. 90-6 for appeal procedures and required city procedures relative to previous approvals.

(d)

Determination of concurrency.

(1)

Capacity availability calculation. For purposes of this section, the capacity availability shall be determined by:

Adding together:

a.

The total design capacity of existing facilities operating at the required level of service; and

b.

The total design capacity of new facilities that will become available concurrent with the impact of the development (must meet requirements in subsection (2) of this section).

Then, subtracting from that number the sum of:

c.

The design demand for the service created by existing development; and

d.

The new design demand for the service (by phase or otherwise) that will be created concurrent with the impacts of the proposed development by the anticipated completion of other presently approved developments.

(2)

Requirements for applicability of new facilities. The capacity of new facilities may be counted only if one or more of the following is shown:

a.

For water, sewer, solid waste and drainage:

1.

The necessary facilities are in place at the time a site plan or plat approval is issued;

2.

Such approval is issued subject to the condition that the necessary facilities will be in place when the impacts of development occur;

3.

Construction of the new facilities is under way at the time of site plan or plat approval; or

4.

The new facilities are guaranteed at a specific time 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 or development order pursuant to F.S. ch. 380.

b.

For recreation:

1.

Subsections a.1—a.3 of this subsection;

2.

The new facilities are the subject of a binding executed contract for the construction of facilities to be completed within one year of the time the development permit is issued; or

3.

A development agreement whereby construction begins within one year.

c.

For traffic:

1.

The new facilities have been included in a financially feasible five-year capital improvement program and construction is scheduled for the third year or earlier; or

2.

Subsections b.1—b.3 of this subsection.

(e)

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

(f)

Concurrency review fee. An applicant will be charged a concurrency review fee of $250.00. This fee will be used to defray the cost of the determination of concurrency.

(Ord. No. 2530, § 2, 5-1-91)

(a)

Responsibility. The planning director shall be responsible for monitoring development activity to ensure that when concurrency reviews are made, data on all existing and committed development and its impact on facilities subject to level-of-service standards has been recorded. Monitoring shall include periodic entry of building permit, demolition and certificate of occupancy data.

(b)

Concurrency rights reservation and effective period.

(1)

Capacity reservation. Compliance will be finally calculated and capacity reserved at time of final action of an approved site plan, single-family subdivision, building permit (if neither a site plan or single-family subdivision is required) or enforceable developer's agreement. Applications for these development permits shall be chronologically logged upon approval to determine rights to available capacity.

(2)

Reservation period. A building permit application must be submitted within 18 months of site plan approval to preserve the concurrency reservation. An extension of six months may be issued by the city council.

(3)

Developer agreement. Developer agreements as described in F.S. § 163.3220 et seq. shall have a valid concurrency period not to exceed five years. This concurrency period may be extended by mutual consent of the governing body and the developer, subject to a public hearing.

(Ord. No. 2530, § 2, 5-1-91)

Table I

Daily Trip Generation Rates

*Pass-by trip rate percentage means the percentage of trips which are passerby trips is set forth as a percentage of total trips and is a reduction to the official daily trip generation rate. If a different capture rate is established through an independent calculation, that different capture rate shall be utilized.

Source: County Ordinance No. 89-19; Road Impact Fees.

(Ord. No. 2530, § 2, 5-1-91)

Table II

Potable Water Design Flows

In the case where the type of connection is not listed, then the most suitable one is to be used.

The city retains the authority to require appropriate information to be submitted in accordance with American Water Works Association (AWWA) standards to settle any dispute.

(Ord. No. 2530, § 2, 5-1-91)

Table III

Sanitary Sewer Design Flows

In the case where the type of connection is not listed, then the most suitable one is to be used.

The city retains the authority to require appropriate information to be submitted in accordance with American Water Works Association (AWWA) standards to settle any dispute.

(Ord. No. 2530, § 2, 5-1-91)

Table IV

Solid Waste Generation Rates

(Ord. No. 2530, § 2, 5-1-91)