This article is intended to ensure the availability of public facilities and the adequacy of those facilities at adopted levels of service concurrent with the impacts of development. This intent is implemented by means of a concurrency management system which shall measure the potential impact of a development permit application upon the adopted minimum acceptable level of service for roadway, solid waste, potable water, sanitary sewage, stormwater or park facility and/or service as provided in the capital improvements element of the comprehensive plan.

(Ord. No. 95-10, § 36-76, 9-19-95)

The level-of-service (LOS) standards for roads, sanitary sewer, solid waste, drainage, potable water, coastal management, and parks and recreation facilities shall be those most recently adopted in the capital improvements element of the city comprehensive plan, the Treasure Island Watershed Management Plan, and provisions of the Code.

(Ord. No. 95-10, § 36-77, 9-19-95; Ord. No. 00-08, § 8, 1-9-01; Ord. No. 24-15, § 4, 4-1-25)

A certificate of concurrency shall be required prior to the issuance of any development permit. If a development will require more than one development permit, the issuance of a certificate of concurrency shall occur prior to the issuance of the initial development permit. For preliminary development orders, a concurrency review shall be performed and a conditional certificate of concurrency issued. This conditional certificate of concurrency shall not be binding upon the city. Only those certificates of concurrency issued for development permits shall be binding. A certificate of concurrency shall automatically expire simultaneously with the expiration of the development permit to which it applies. In the event that the development permit does not have a specified expiration date, the certificate of concurrency shall expire one year from the date of the issuance of the development permit. In the event that a time extension is granted prior to the expiration of the development permit, then the accompanying certificate of concurrency shall be automatically renewed for up to one year after the date of the issuance of the initial development permit. Should the extension equal or exceed one year from the date of the issuance of the initial development permit, a new concurrency review shall be performed for which a reasonable fee shall be assessed in order to defray the cost of the new review.

(Ord. No. 95-10, § 36-78, 9-19-95)

The burden of showing compliance with the adopted levels of service and meeting the concurrency evaluation shall be upon the applicant. The city manager or his/her designee will direct the applicant to the appropriate staff to assist in the preparation of the necessary documentation and information.

(Ord. No. 95-10, § 36-79, 9-19-95)

(a)

De minimis development. Single-family and duplex dwellings, to be constructed on existing lots in subdivisions approved for such uses (residential infill), shall be considered de minimis and exempt from concurrency review. Other developments or redevelopments shall be considered to have de minimis impacts and be exempt from concurrency review provided that they comply with all of the following conditions:

(1)

The net increase in traffic (peak hour) generated by the proposed development onto any affected roadway may not exceed one percent of the maximum service capacity of the roadway at the adopted peak-hour level-of-service standard.

(2)

The net increase in traffic (peak hour) generated by the proposed development, added to the total net increases in peak-hour traffic generated by all previously-approved de minimis exemptions on any affected roadway, may not exceed ten percent of the maximum service capacity of the roadway at the adopted peak-hour level-of-service standard.

(3)

The net increase in traffic (peak hour) generated by the proposed development onto any affected roadway designated as a hurricane evacuation route may not cause the actual level of service of the roadway to fall below the adopted peak-hour level-of-service standard.

(b)

Vested projects. Nothing in this article shall be construed or applied to constitute a temporary or permanent taking of private property without the just compensation nor abrogation of vested rights. Any applicant for a development order who alleges that this article, as applied, constitutes or would constitute a temporary or permanent taking of private property or an abrogation of vested rights must affirmatively demonstrate the legal requisites of the claim by meeting all three of the following conditions:

(1)

A final development order has been issued on or prior to the adoption of this Code;

(2)

Development has commenced; and

(3)

Development is continuing in good faith.

Upon demonstrating that all three conditions are met, the applicant will be issued a certificate of exemption from concurrency review by the city clerk/administrator or his/her designee.

(Ord. No. 95-10, § 36-80, 9-19-95; Ord. No. 00-08, § 9, 1-9-01)

(a)

Potable water, sanitary sewer, solid waste and drainage. For potable water, sanitary sewer, solid waste and drainage, one of the following conditions must be satisfied in order to obtain a certificate of concurrency:

(1)

The necessary public facilities and services are in place at the time the development permit is issued;

(2)

The development permit is issued subject to the condition that the necessary public facilities and services shall be in place prior to the issuance of a certificate of occupancy or statement of zoning compliance, whichever may be applicable;

(3)

The necessary public facilities and services are under construction at the time the development permit is issued;

(4)

The necessary public facilities and services are guaranteed in an enforceable development agreement, pursuant to F.S. §§ 163.3220—163.3243, or development-of-regional-impact (DRI) approval, in accordance with F.S. § 380.06.

(b)

Parks and recreation. New residential developments and redevelopments, including subdivision plats and replats, which result in a net increase in dwelling units must provide for any additional unmet recreation and open space needs which they may create. In order to obtain a certificate of concurrency, one of the conditions provided for in subsection (a), or one of the following conditions, must be satisfied:

(1)

At the time the development permit is issued, the necessary facilities and services are the subject of a binding contract which provides for the commencement of the actual construction of the required facilities or the provision of service, at a location other than the development site and at the developer's expense, within one year of the issuance of the development permit.

(2)

The necessary facilities and services are guaranteed in an enforceable development agreement or development-of-regional-impact (DRI) approval which requires the commencement of the actual construction of the required facilities or the provision of services, at a location other than the development site and at the developer's expense, within one year of the issuance of the applicable development permit. An "enforceable development agreement" may include, but is not limited to, a development agreement executed in accordance with F.S. §§ 163.3220—163.3243. A "development of regional impact" shall be as defined and approved in accordance with F.S. § 380.06.

(3)

Prior to issuance of a certificate of occupancy or statement of zoning compliance, whichever is applicable, the developer has provided on-site recreation area(s) and facilities, dedicated other land to the city for open space and/or public recreational purposes, and/or paid a recreational impact fee per additional dwelling unit, in the amount established by the city commission, to be used by the city to acquire and/or develop the necessary additional recreation area(s) and facilities. Any combination of the above measures may be approved by the planning and zoning board in order to compensate for the additional impacts of the proposed development.

(c)

Roads. For roads, the following condition, or one of the conditions of subsections (a) and (b) must be satisfied in order to obtain a certificate of concurrency: The five-year schedule of capital improvements demonstrates that the actual construction of the needed road facility or service will be scheduled to commence in or before the third year.

(Ord. No. 95-10, § 36-81, 9-19-95; Ord. No. 00-08, §§ 10, 11, 1-9-01; Ord. No. 11-08, § 3, 11-1-11; Ord. No. 15-03, § 3, 7-7-15)

(a)

The city shall use the procedures specified in subsection (c) to determine compliance of an application for a development permit with this concurrency management system. At the time of application for a development permit, a concurrency evaluation shall be made to determine the availability of the facilities or services required to be concurrent.

(b)

An applicant for a development permit shall provide the city with all information required by the city so as to enable the concurrency evaluation to be made. This shall include all of the information required in the "Submission Requirements and Methodology for Calculating Projected Demand for Certificate of Concurrency," a copy of which is attached hereto labeled Exhibit A, and made a part hereof by reference and printed at the end of this article. Official copies of "Exhibit A" shall be made available to the general public for inspection and copying.

(c)

Upon receipt of a complete concurrency review application, the city manager or his/her designee shall perform the following concurrency evaluation:

Concurrency Review-Evaluation

The methodology for determining whether the levels of service of city facilities are adequate to support the impact of proposed developments is in Exhibit A at the end of this article. The levels of service of all six city facilities and services must be sufficient before a development permit can be issued.

(1)

For sanitary sewer, solid waste, drainage, and potable water: The concurrency evaluation shall compare the available capacity to the demand of the proposed development. The available capacity shall be determined by adding together:

a.

The total of the existing excess capacity, if any; and

b.

The total future capacity of any proposed construction or expansion that meets the standards of section 68-156.

A certificate of concurrency shall be issued only if one of the following conditions are met: the available capacity exceeds the demand of the proposed development or one of the standards of subsection 68-156(a) is met.

(2)

For parks and recreation: The concurrency evaluation shall compare the available capacity to the demand of the proposed development. The available capacity shall be determined by adding together available capacity to the demand of the proposed development. The available capacity shall be determined by adding together:

a.

The total of the existing excess capacity, if any; and

b.

The total future capacity of any proposed construction or expansion that meets the standards of subsections 68-156(a) and (b).

A certificate of concurrency shall be issued only if one of the following conditions are met: the available capacity exceeds the demand of the proposed development or one of the standards of subsections 68-156(a) and (b) is met.

(3)

For roads:

a.

The concurrency evaluation shall compare the existing level of service standards for the impacted roads to the level of service standards, as adopted, for the same. The existing level of service shall be based upon existing roads, including any proposed improvements to those roads, meeting the minimum requirements for concurrency as set forth in subsections 68-156(a) through (c).

b.

If the impact of the proposed development does not result in a degradation of the affected roads below the adopted level of service standard, or if one of the standards of subsections 68-156(a) through (c) is met, then a certificate of concurrency shall be issued.

c.

If the city determines that a certificate of concurrency will not be issued, that determination shall be reduced to writing, signed by the city manager making the determination, and sent by U.S. Mail to the applicant.

(Ord. No. 95-10, § 36-82, 9-19-95)

An annual capacity report shall be prepared each year in conjunction with the development of the capital improvement element of the comprehensive plan. This report shall summarize the actual current capacity of public facilities and services for each of the five succeeding fiscal years. This annual capacity report shall constitute prima facie evidence of the capacity and level of service of public facilities for the purpose of issuing development permits during the 12 months following completion of the annual report.

(Ord. No. 95-10, § 36-83, 9-19-95)

(a)

A denial of a certificate of concurrency may be appealed by the applicant to the planning and zoning board. A notice of appeal specifying each and every ground in support of granting the certificate of concurrency shall be submitted by the applicant to the city manager or his/her designee, within 20 days from the date of the written denial of the certificate of concurrency. The city manager or his/her designee, shall schedule the appeal to be heard at a public meeting by the planning and zoning board, and shall transmit to the planning and zoning board all papers constituting the record upon which the action appealed from was taken.

The city manager or his/her designee, shall notify the applicant in writing of the date, time and location of the planning and zoning board meeting at which the appeal shall be heard. During the appeal proceeding, the applicant may appear in person or be represented by an agent or attorney. Applicants may be required to assume such reasonable costs as the city commission may determine by resolution, in setting fees to be charged for appeals.

(b)

The applicant shall have the burden of proof to establish by the presentation of substantial competent evidence to the planning and zoning board:

(1)

That there was an error in the technical determination made by the city manager to deny the certificate of concurrency; or

(2)

That one or more of the conditions in section 68-156 are satisfied such that the necessary public facilities and services will be available concurrent with the impact of the development.

(c)

Before recommending issuance of a certificate of concurrency, the planning and zoning board shall make specific findings that the certificate of concurrency satisfies subsections 68-156(b)(1) or (b)(2). The affirmative vote of six members of the planning and zoning board shall be necessary to recommend issuance of a certificate of concurrency. Action taken by the planning and zoning board to adopt, amend or rescind the administrative decision to deny the certificate of concurrency shall be documented in writing in the form of a resolution, signed by the chairman or vice-chairman, specifying the grounds therefore. The written decision of the planning and zoning board shall be submitted by the city clerk or his/her designee to the city commission for final action. The city clerk or his/her designee shall give written notice to the applicant of the date, time and location of the city commission meeting considering the certificate of concurrency. The city commission, upon reviewing the record and findings of the planning and zoning board, may adopt, amend or rescind the decision of the planning and zoning board. If deemed necessary by the city commission, in order to supplement the record, the city commission may receive additional testimony and may make inquiry of the applicant and administrative staff. The decision of the city commission shall be reduced to writing in the form of a resolution and shall be final upon the date of execution of the resolution by the mayor.

EXHIBIT A
SUBMISSION REQUIREMENTS FOR APPLICATION AND METHODOLOGY FOR CALCULATING PROJECTED DEMAND FOR CERTIFICATES OF CONCURRENCY

(1)

Purpose. The purpose of this Exhibit is to set forth the minimum submission requirements necessary for the city to review proposed developments for concurrency, as well as to provide a methodology for calculating the projected demand of a proposed project.

(2)

Submission requirements. The applicant must supply the following information along with a reasonable fee, as may be amended from time to time by the city commission to defray the cost of the review:

a.

Name of owner and/or agent/applicant.

b.

Current address of owner and/or agent/applicant.

c.

Phone number of owner and/or agent/applicant.

d.

Legal description of site.

e.

Proposed land use(s).

f.

Acreage of site.

g.

Square footage of proposed building(s).

h.

Number of residential units (if applicable).

i.

Number of employees, for commercial or industrial use (if applicable).

j.

Any expected special service demands generated by the proposed development (such as solid/hazardous waste demands of a hospital).

k.

Data as required by subsequent sections of this Exhibit.

(3)

Facility/service demand calculations. The projected public facility/service demands of the proposed project described in an application for concurrency review shall be calculated using the conversion factors and formulae listed below, and the adopted levels of service (LOS) in the capital improvements element of the city comprehensive plan. Nonresidential uses are included in the adopted LOS. The calculations are listed by public facility and service type. Whenever the term "city" shall appear herein, it shall mean the city manager or his/her designee authorized to review calculations for the concurrency management system. The information necessary to enable the city to perform and/or verify the facility/service demand calculations in paragraphs (3)a. through (3)f. shall be provided by the applicant.

a.

Potable water.

Adopted LOS =. as adopted in the capital improvements element in the city comprehensive plan

Adopted LOS (gallons/person/day) x 1.84 persons/unit x number of units = demand (gallons/day)

b.

Sanitary sewer.

Adopted LOS = as adopted in the capital improvements element in the city comprehensive plan

Adopted LOS (gallons/person/day) x 1.84 persons/unit x number of units = demand (gallons/day)

c.

Stormwater Management (Drainage).

Adopted LOS = as adopted in the capital improvements element in the city comprehensive plan, and the Treasure Island Watershed Management Plan (flood control only), and the Code.

d.

Solid waste.

Adopted LOS = as adopted in the capital improvements element in the city comprehensive plan adopted LOS (pounds/day/person) x 1.84 persons/unit x number of units = demand (pounds/day)

e.

Recreation.

Adopted open space LOS = as adopted in the capital improvements element in the city comprehensive plan

Project population = number of dwelling units x 1.84 persons/unit

Project population x adopted LOS (acres/person) = demand (total acres)

f.

Transportation.

Adopted LOS = as adopted in the capital improvements element in the city comprehensive plan

1.

Determine the number of trips generated by the proposed project during the p.m. peak hour, using the most recent edition of the Institute of Traffic Engineers trip generation report, or other recognized source of data, with no adjustment for internal capture or passerby trips.

2.

If the total number of daily trips is equal to or greater than 450 trips, a transportation study shall be done. The study shall be signed and/or sealed by a registered Professional Engineer.

i.

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

ii.

The data shall be in conformance with Notes 2.(a) and 2.(b) of "Existing Conditions" below.

(4)

Performance of transportation study.

If a transportation study is required, it shall be obtained and submitted to the city by the applicant for a development permit at the applicant's sole expense. Should the city not have the expertise to review the transportation study or should it have justification to claim that the methodology and/or results of the initial transportation study are biased, untrue or otherwise inadequate, a third party consultant shall be hired by the city at the applicant's sole expense, to verify the initial transportation study. The city shall select the third party consultant from a list of consultants retained by the city for this purpose. The applicant shall reimburse the city for the total fee charged by the third party consultant to perform the transportation study, to include city administrative costs.

The transportation study shall be performed in accordance with the requirements set forth in paragraph (5) hereof. Projects which are required to undergo development of regional impact review pursuant to F.S. § 380.06 shall be exempt from the requirements of this transportation study and instead shall submit a copy of the application for development approval to the city as required by state statutes.

(5)

Requirements of transportation study.

a.

Pre-application meeting.

A pre-application meeting between the city and the applicant is required The purpose of this meeting will be to review the methodology and procedure, establish the study area, and to determine the study period.

b.

Define study area.

The study area is defined as those roadways and intersections impacted by the project to an extent of one percent or more of peak-hour capacity at the level of service (LOS) adopted in the capital improvements element of the city comprehensive plan. In addition, other variables such as distance from site (e.g., five-mile radius for a DRI project) may also be used.

c.

Existing conditions.

The following existing conditions shall be provided:

1.

Existing daily and peak hour traffic volumes and level of service on all arterials and collectors within the study area.

2.

Existing LOS at all impacted intersections

Notes:

(a)

The above required data shall be no older than the previous calendar year. Roadway volumes shall be adjusted to reflect annual conditions using current FDOT seasonal adjustment factors for the 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 Level of Service volume tables and procedures presented in the most current Level of Service Standards and Guidelines Manual, or by use of other accepted traffic operations models subject to approval in the preapplication meeting.

(c)

The above required intersection levels of service shall be determined using computer software based on the most recent edition of the Highway Capacity Manual, Special Report 209, Transport Research Board, National Research Council.

d.

Projection of background traffic.

Volume(s) shall be projected for all phases of the development as well as the year of the project completion. Volumes can be determined using one of the following procedures:

1.

Multiplying 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 five roadways in the vicinity of the project over the last ten years. Traffic generated by any major project approved since the traffic counts were conducted shall be included as background traffic.

3.

Projected roadway volumes resulting from a travel demand computer model of the area.

e.

Project traffic generation.

The following procedures and information shall be provided:

1.

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

2.

Identify all zoning districts, amount of development and trip rates.

3.

Trip rates may be obtained from studies of comparable sites in the city or using data from previous traffic generation studies, and are subject to the approval of the city.

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 methodology meeting and approved by the city.

f.

Project traffic distribution.

1.

If the project generates fewer than 100 peak hour trips, the distribution can be developed based on 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 may be used.

3.

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

g.

Alternative demand calculations.

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.

(Ord. No. 95-10, § 36-84, 9-19-95; Ord. No. 00-08, §§ 12, 13, 1-9-01; Ord. No. 15-03, § 3, 7-7-15; Ord. No. 24-15, § 5, 4-1-25)

The purpose of the proportionate fair share provisions in 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). The proportionate fair share program represents an alternative method for meeting concurrency requirements and provides for the application of concurrency management provisions in a coordinated and cooperative manner. In addition, this section adopts the county's approach to concurrency management for transportation facilities. In this section, the term deficient facility means a road operating below the adopted level of service standard.

(a)

Where applicable, the city shall participate in the metropolitan planning organization (MPO) annual process of establishing a countywide concurrency corridor map.

(b)

Where applicable, the city shall adopt the metropolitan planning organization's countywide approach to the application of concurrency management for transportation facilities.

(c)

Due to its small size and lack of deficient facilities, the city's transportation concurrency matters are reviewed and monitored by the county. For that reason, it is important that the city's application of concurrency management for transportation facilities and the proportionate fair share program coordinate with and mirror sections 134-221 through 134-231 of the county land development code which sets out the county's application of concurrency management for transportation facilities, as well as the proportionate fair share program as required by F.S. ch. 163. As such, for purposes of concurrency management for transportation facilities and proportionate fair share, the city will coordinate with the county and utilize the most recently adopted version of sections 134-221 through 134-231 of the county land development code, inserting the terminology "Treasure Island" or "city" in place of "Pinellas County" or "county" as applicable.

(Ord. No. 06-11, § 1, 12-19-06)