A.

It is the purpose of this article to describe the requirements and procedures for determination of consistency of proposed development projects with the Town of St. Leo Comprehensive Plan, including meeting the concurrency requirements of the plan as mandated by F.S. ch. 163, Part II.

B.

Concurrency is defined as a condition where specified facilities and services have or will have the necessary capacity to meet the adopted level of service standard at the time of impact of the development project.

C.

No development activity or final local development order may be approved unless it is found that the development is consistent with the Town of St. Leo Comprehensive Plan and that the provision of required public facilities will be available at the prescribed levels of service concurrent with the impact of the development on those facilities.

(Ord. No. 11-01, § 2, 1-10-2011)

A.

If a development proposal is found to meet all the applicable requirements of this chapter and the Town of St. Leo Comprehensive Plan, it shall be presumed to be consistent with the comprehensive plan in all respects except for compliance with the concurrency requirement. Any aggrieved or adversely affected person may appeal a consistency determination made by the town's staff to the town commission within 30 days of the decision in accordance with the appeal procedures set forth in this chapter.

(Ord. No. 11-01, § 2, 1-10-2011)

Projects meeting certain criteria may be exempt from school concurrency as follows:

1.

The following projects are permanently exempt from obtaining a certificate of capacity:

a.

Any nonresidential component of a project.

b.

The portion of any project that has received final subdivision plat approval as a residential subdivision into one dwelling unit per lot as of November 10, 2025.

c.

Any residential dwelling unit that has received a CO as of November 10, 2025.

d.

Any age-restricted community intended to provide housing for persons who are 55 years of age or older that prohibits the permanent residency of individuals under the age of 22 by deed restrictions meeting the requirements of the Pasco County School Impact Fee Ordinance. Said deed restrictions are required to be executed and recorded prior to granting this exemption.

2.

The following projects are permanently exempt from obtaining a certificate of capacity, but such exemption is subject to expiration:

a.

The portion of residential projects not requiring a subdivision plat, or residential subdivisions into more than one dwelling unit per lot that have received a building permit as of the effective date of the Pasco County School Concurrency Management Ordinance; however, such exemption shall expire upon expiration of the building permit if the building subject to the building permit has not received at least one inspection as of November 10, 2025, unless such project, or portions of such project, remains exempt pursuant to another exemption provision.

b.

The portion of any project that is the subject of a binding and enforceable development agreement or other agreement that specifically exempts such project from school concurrency requirements; however, such exemption shall expire upon expiration of the development agreement, or upon any material default of the school mitigation conditions of such development agreement or agreement, unless such project, or portions of such project, remains exempt pursuant to another exemption provision.

c.

The town clerk or designee shall determine whether an exemption applies and, if an exemption is granted, refer same to the school district for review. If the school district objects to the granting of an exemption, the school district shall notify the town in writing within 14 days of receipt of the exemption determination and include in the objection notice the reasons why the school district believes that the exemption does not apply. Should the town clerk, or designee, uphold the exemption, the school district may appeal such decision pursuant to this Code. Should the town clerk or designee deny the exemption, the applicant may appeal such decision pursuant to this Code. If the school district objects to an exemption determination within the 14 day objection period, the exemption determination, and any initial or final certificate that is issued based on the exemption, shall not be considered final or appealable for purposes of this Code until the town clerk or designee issues a final determination after the school district's written objection.

(Ord. No. 11-01, § 2, 1-10-2011; Ord. No. 26-02, § 3(Exh. B), 11-10-2025)

A.

The purpose of this section is to ensure that public facilities and services needed to support development are available concurrent with the impacts of such development as required by the comprehensive plan. It is further recognized that the Town of St. Leo does not provide certain public services and that such services are provided by other governmental entities. Therefore, all building permit applications shall be reviewed prior to issuance in order to ensure that the adopted concurrency and advisory nonconcurrency level of service standards as set forth in the Town of St. Leo Comprehensive Plan, Pasco County and any other governmental entity that provides public services to the Town of St. Leo for roads, potable water, sanitary sewer, solid waste, drainage, schools and parks and recreation will be maintained.

B.

Building permits for any structure, except exempt structures, may be issued only when the structure has, either as a freestanding project or part thereof, been the subject of approval of a concurrency certificate issued by the Town of St. Leo or a letter or certificate from the governmental entity providing service to the subject site stating that the project meets concurrency level of service, unless such structure is part of an approved project which is vested under the provisions of the Town of St. Leo Comprehensive Plan. In accordance with school concurrency requirements, all parties not exempt are required to submit a school concurrency application.

C.

The applicant for the building permit is responsible for securing the appropriate concurrency approvals and such approvals shall include an expiration date not to exceed three years.

D.

Schools. As to school concurrency, concurrency determination letters, preliminary concurrency deficiency letters, and final concurrency deficiency orders shall be issued by the school district pursuant to the School Concurrency Implementation Procedures Manual. The Town shall not issue initial and final certificates of capacity until the school district issues its concurrency determination letter, unless the project is exempt from school concurrency, pursuant to the provisions of this Code. For school facilities, the necessary facilities to serve the residential development and to maintain the adopted LOS shall be in place or under actual construction no later than three years after the issuance of a concurrency capacity letter.

1.

De minimis and aggregation determinations shall be made by the school district. Projects that consist of less than the number of dwelling units required to generate one student are de minimis. De minimis projects are those projects and aggregated projects, as defined in the school district's School Concurrency Implementation Procedures Manual, that do not generate one or more student(s).

2.

In the event that there is not capacity available at the adopted LOS to serve projected student populations of a proposed development, the developer may elect to negotiate with the school district on proportionate-share mitigation options. The methodology used to calculate school concurrency proportionate share mitigation shall be adopted by the school district in the School Concurrency Implementation Procedures Manual.

3.

Proportionate-share mitigation options include, but are not limited to, the following:

a.

Contribution of land for an entire school site meeting the applicable school siting standards or adjacent to an existing school site.

b.

Provision of additional permanent student stations through the donation of permanent buildings for use as a primary or alternative public school facility, provided that such buildings meet state requirements for educational facilities (SREF) standards and provided that such student stations are not relocatable or other temporary classrooms.

c.

Provision of additional permanent student stations through the renovation of existing buildings for use as public school facilities.

d.

Construction of permanent student stations or core facilities.

e.

Construction of a school in advance of the time set forth in the district facilities work plan (DFWP).

f.

Creation of mitigation banking based on the construction of a public school facility in exchange for the right to sell capacity created.

g.

The contribution of funds or other financial or financing initiatives acceptable to the school district to ensure that the financial feasibility of the DFWP can be maintained by the implementation of the mitigation options.

h.

Construction of a charter school that (1) provides permanent student stations, (2) is constructed in accordance with SREF standards, (3) limits admission to students residing within the county, and (4) includes provision for its continued existence.

i.

The contribution of funds or other financial or financing initiatives acceptable to the school district to ensure that infrastructure improvements to support a public school facility that are the obligation of the school district will be in place when necessary.

4.

The foregoing proportionate-share mitigation options shall be implemented through a proportionate-share mitigation agreement. The developer, school district and town commission shall all be parties to a proportionate-share mitigation agreement. Final certificates of capacity shall not be issued in the interim.

5.

Proportionate-share payments or in lieu of payment improvements or contributions shall be applied as a credit against impact fees in accordance with the credit provisions of this Code. The portion of any proportionate-share payment that is equivalent to the school impact fees due shall be considered a payment of school impact fees and shall be budgeted and expended in accordance with this Code. Any proportionate-share payments in excess of the school impact fees due shall be considered a concurrency proportionate-share payment and shall be budgeted and expended in accordance with the school board's capital improvements schedule of the DFWP.

(Ord. No. 11-01, § 2, 1-10-2011; Ord. No. 26-02, § 3(Exh. B), 11-10-2025)