HomeMy WebLinkAboutArticle IXChapter III: Performance Criteria
Article IX: Concurrency Management
140� ARTICLE IX: CONCURRENCY MANAGENI ENT
SECTION 54-3-9.1: PURPOSE AND INTENT
Concurrency is a finding that public facilities and services necessary to support a proposed development
are available, or will be made available, concurrent with the impacts of the development. This Article is
intended to provide a systematic process for the review and evaluation of all proposed development for its
impact on concurrency facilities and services, as required by the Local Government Comprehensive
Planning and Land Development Regulations Act, Chapter 163, Part II, FS and Rule 9J-5.0055, Florida
Administrative Code.
Facilities in Sebastian that are subject to these regulations include:
Potable Water ° Recreation ° Sanitary Sewer ° Solid Waste ° Drainage ° Roads
The purpose of this Article is to ensure that development orders and permits are conditioned on the
availability of concurrency facilities and services which meet adopted level of service requirements
identified in this Article. This Article is also intended to describe the requirements and procedures for
determining consistency of proposed development with the City of Sebastian's Comprehensive Plan.
SECTION 54-3-9.2: CONSISTENCY WITH CITY'S COMPREHENSIVE PLAIN
All development applications shall demonstrate compliance with the City of Sebastian Comprehensive
Plan as well as with all applicable provisions of the City Land. Development Regulations. Further,
development applications shall demonstrate that specified concurrency facilities shall be available at
prescribed levels of service concurrent with the impact of the development of those facilities.
SECTION 54-3-9.3: APPLICABILITY AND EXEMPTIONS
All applications for final development orders shall be subject to concurrency review unless specifically
exempted below. However, in no case shall a development order be issued for a minimum threshold
project which would impact a concurrency facility for which a moratorium or deferral on development
has been placed.
A. Projects Below the Minimum Threshold. The following development shall be exempt from
concurrency review:
1. Residential projects that entail structural alterations, including room additions to single
family structures --which do not change the land use;
2. Construction of residential or non-residential accessory buildings and structures which do
not create additional public facility demand.
3. Actions administered through development orders and other developments which do not
increase demand on concurrency facilities, such as grading or land excavation or
structural alterations which do not include a change of use and satisfy provisions of (1)
and (2) above.
B. Vested Projects. Projects that have valid final development orders or building permits prior to
the effective date of this Code, shall be considered to be vested and therefore exempt from
concurrency management. This shall include the following:
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1. Any project for which a valid building permit has been issued and has not expired; and
2. All vacant lots in single-family detached, single family attached and two-family
subdivisions which were lawfully platted in accordance with the City Land Development
Regulations and recorded prior to the effective date of this Article; and
3. Approved developments of regional impact with a development order that has not
expired; and
4. Any project that has obtained a determination of vested rights upon appeal to City
Council.
C. Redevelopment Projects. Proposed redevelopment shall be credited for the existing demand on
available capacity. If a redevelopment project generates demand in excess of the existing demand
that it is replacing, a concurrency review shall be required; however, the concurrency review shall
only address the amount by which the proposed demand generated exceeds the demand of
existing development. The development plan for redevelopment must be submitted no more than
one (1) year after the prior use is discontinued in order to qualify for a concurrency credit. If the
proposed redevelopment generates equal or less demand than the existing project, the applicant
shall be given a concurrency credit enabling the applicant to reserve the unused capacity. Credit
may only be used on development containing the parcel from which it originated or on a parcel
contiguous to and under common ownership with the original parcel. The concurrency credit will
expire within five (5) years of the change or discontinuance of the use. The applicant's
submission of an application for a demolition permit shall also initiate a concurrency review for
14"IIN the express purpose of issuing credits for redevelopment.
D. Public Facilities. Public facilities necessary to ensure the protection of the health, safety and
general welfare of the citizens of the City of Sebastian, including public schools (pre-
kindergarten through 12th grade), shall be exempt from concurrency review. This shall include
all public facility construction projects included in the City's Capital Improvements Program
required to meet any adopted level of service standard.
SECTION 54-3-9.4: CRITERIA FOR CONCURRENCY AND FINAL DEVELOPMENT
ORDERS
A final development order shall not be granted for a proposed development unless the City finds that
adequate capacity for concurrency facilities exists at or above adopted level of service in order to
accommodate the impacts of the proposed development, or that improvements necessary to bring
concurrency facilities up to their adopted level of service will be in place concurrent with the impacts of
the development.
A. Sanitary Sewer, Potable Water, Solid Waste, and Drainage. For sanitary sewer, potable water,
solid waste, and drainage facilities, the City shall find that the following criteria have been met in
order for a proposed development to be found in compliance with concurrency management
requirements:
1. A final development order is issued subject to the condition that, at the time of the
issuance of a certificate of occupancy or its functional equivalent, the necessary facilities
and services are in place and available to serve the new development; or
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e04*� 2. At the time the final development order is issued, the necessary facilities and services are
guaranteed in an enforceable development agreement, pursuant to § 163.3220, FS or an
agreement or development order issued pursuant to Chapter 380, ES, to be in place and
available to serve new development at the time of the issuance of a certificate of
occupancy.
B. Parks and Recreations. For parks and recreation facilities, at a minimum, the City shall find
that the following criteria have been met in order for a proposed development to be found in
compliance with concurrency management requirements:
1. At the time the final development order is issued, the necessary facilities and services are
in place or under actual construction; or
2. A final development order is issued subject to the condition that, at the time of the
issuance of a certificate of occupancy, the acreage for the necessary facilities and services
to serve the new development is dedicated or acquired by the City, or funds in the amount
of the developer's fair share are committed; and
a. A final development order is issued subject to the conditions that the necessary
facilities and services needed to serve the new development are scheduled to be
in place or under actual construction not more than one year after issuance of a
certificate of occupancy as provided in the City's adopted Five Year Capital
Improvements Program; or
44"11� b. At the time the final development order is issued, the necessary facilities and
services are the subject of a binding executed agreement which requires the
necessary facilities and services to serve the new development to be in place or
under actual construction not more than one year after issuance of a certificate of
occupancy; or
C. At the time the final development order is issued, the necessary facilities and
services are guaranteed in an enforceable development agreement, pursuant to
§ 163.3220, FS, or an agreement or development order issued pursuant to Chapter
380, FS to be in place or under actual construction not more than one year after
issuance of a certificate of occupancy.
C. Transportation Facilities. For transportation facilities, the City shall find that the following
criteria have been met in order for a proposed development to be found in compliance with
concurrency management requirements:
1. At the time the final development order is issued, the necessary facilities and services are
in place or under actual construction; or
2. A final development order is issued subject to the conditions that the necessary facilities
and services needed to serve the new development are scheduled to be in place or under
actual construction not more than three years after issuance of a certificate of occupancy
as provided in the City's adopted Five Year Capital Improvements Program. The Capital
Improvement Program may recognize and include transportation projects included in the
(0001� first three years of the adopted Florida Department of Transportation Five -Year Work
Program. The Capital Improvements Element must include the following policies:
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a. The estimated date of commencement of actual construction and the estimated
date of project completion.
b. A provision that a plan amendment is required to eliminate, defer, or delay
construction of any road or mass transit facility or service which is needed to
maintain the adopted level of service standard and which is listed in the Five
Year Capital Improvements Program;
3. At the time the final development order is issued, the necessary facilities and services are
the subject of a binding executed agreement which requires the necessary facilities and
services to serve the new development to be in place or under actual construction not
more than three years after issuance of a certificate of occupancy; or
4. At the time the final development order is issued, the necessary facilities and services are
guaranteed in an enforceable development agreement, pursuant to § 163.3220, FS or an
agreement or development order issued pursuant to Chapter 380, FS to be in place or
under actual construction not more than three years after issuance of a certificate of
occupancy; or
SECTION 54-3-9.5: CONCURRENCY ADMINISTRATION
The Planning and Growth Management Director shall be responsible for concurrency reviews as required
by this Article. The Planning and Growth Management Director in conjunction with other City staff shall
determine whether adequate capacities for concurrency facilities are available to satisfy the demands of
each proposed development.
A. Application for Concurrency Review. Concurrency review shall be initiated upon submission
and acceptance of an application for a site plan approval, preliminary subdivision plat, or a
building permit, whichever first occurs. At the request of the applicant and pursuant to payment
of a concurrency review fee as may be established by resolution of the City Council, the Planning
and Growth Management Director in concert with the staff shall render concurrency findings.
B. Project Impact Assessment. The Planning and Growth Management Department shall use the
best available information to establish and evaluate existing capacities for concurrency facilities.
The applicant shall be responsible for supplying the anticipated land uses, densities and/or
intensities, of a proposed development and the anticipated date of completion of proposed
development. The Planning and Growth Management Department shall assess the anticipated
impacts of the proposed development on concurrency facilities.
C. Project Phasing/Timing of Improvements. Concurrency facilities associated with a phased
development may also be phased. However, all concurrency facilities necessary to accommodate
the impacts of each phase must be available or a schedule for the acquired improvements must be
approved prior to the issuance of a final development order. The schedule of facility
improvements shall ensure that all facility improvements necessary to accommodate the impacts
of the development (or portion thereof) for which a certificate of occupancy has been applied,
shall be in place prior to the issuance of the certificate. Under no circumstances shall the final
certificate of occupancy be issued for a project unless all required facility improvements required
by the development order or development agreement have been completed.
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D. Development Agreements. If the minimum requirements for concurrency cannot be met,
concurrency may be achieved by guaranteeing necessary facility improvements in an enforceable
development agreement. Said development agreement may include guarantees to construct
required facility improvements or to provide funds equivalent to the cost of providing such
facility improvements.
E. Concurrency Review Determination. Upon the conclusion of the concurrency review, the
Planning and Growth Management Director shall prepare a written determination concerning the
proposed development. This determination shall address, but is not limited to:
1. The anticipated public facility impacts of the proposed development;
2. The ability of existing facilities to accommodate the proposed development at the
adopted level of service standards;
3. Any existing facility deficiencies that will need to be corrected prior to the completion of
the proposed development;
4. The facility improvements or additions necessary to accommodate the impact of the
proposed development at the adopted level of service standards and the entities
responsible for the design and installation of all required facility improvements or
additions; and
S. The date such facility improvements or additions will need to be completed to be
concurrent with the impacts on such facilities created by the proposed development.
F. Concurrency Compliance. In the event that the City's concurrency review determines that the
application is supported by sufficient concurrency facility capacity, the Planning and Growth
Management Department shall issue a concurrency certificate. The concurrency certificate shall
identify the anticipated impacts of the proposed development, existing facility capacity, and
certification from the facility providers that capacity exists. The duration of the concurrency
certificate shall be based on the time frame of the site plan, preliminary subdivision plat, or
building permit.
G. Concurrency Denials. In the event that the City's concurrency review reveals that the proposed
development would generate public facility impacts beyond that which can be absorbed by
available capacity, the City shall determine whether there is a financial or other legally binding
commitment to ensure that public facilities necessary to correct the anticipated deficiency will be
in place concurrent with the impacts of the proposed development. If the City and/or a developer
are unable to provide such assurances, the project shall be denied.
H. Concurrency Resolution. If the Planning and Growth Management Department determines that
an application for Concurrency review cannot be supported by sufficient concurrency facility
capacity, the applicant may file an application for concurrency resolution and pay the requisite
filing fee as shall be established by resolution of the City Council. The purpose for the
concurrency resolution process shall be to enable an applicant to negotiate a development
agreement that identifies terms for resolving the capacity deficiency. The development
agreement shall be consistent with § 163.3220, FS, and applicable City ordinances.
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(04b� If the applicant successfully resolves capacity deficiencies, the applicant may reserve capacity
pursuant to the terms of the development agreement. If the issues cannot be resolved, the
application shall be deemed to be denied and, at any time, the applicant may resubmit the
concurrency review application to the Planning and Growth Management Department.
SECTION 54-3-9.6: CAPACITY RESERVATION
A. Reservation of Capacity. Following receipt of an approved final development order; the
capacity demand of the approved development shall be considered to be reserved. The time
frame of the concurrency reservation shall be based on the time frame of the building permit or
development agreement. If the time frame of the final development order and/or the development
agreement lapses, the available capacity assigned to the development order shall be returned to
the available capacity pool.
B. First -Come -First -Served. Capacity shall be reserved on a first -come -first -served basis. Such
reservation shall be valid only for the specific final development order and for the specified land
uses, densities, intensities, construction and improvement schedules contained in the approved
final development order. Reservation of capacity runs with the land and is transferable to a
successor in ownership. Reservation of capacity for concurrency shall expire if the underlying
final development order or development agreement expires or is revoked. The final development
order shall state the terms of the concurrency reservation, including the allocation of available
capacity, the time frame for the allocation, and other appropriate legal assurances.
C. Project Deferrals/Development Moratoriums. If at any time the City's inventory of the
capacity of concurrency facilities indicates that concurrency facilities have dropped below its
adopted level of service standard, the City shall cease to issue development orders for projects
which would impact the deficient facilities or the area impacted by the deficient concurrency
facilities, as defined within this Ordinance. Such a suspension or moratorium on the issuance of
development orders shall continue until such time as the adopted level of service standard is re-
established, the Comprehensive Plan is amended to reflect an acceptable level of service standard
for the facilities in question, or alternative arrangements are made to ensure capacity will be
available, consistent with Section 54-3-9.5(E)(1-4).
SECTION 54-3-9.7: ADOPTED LEVEL OF SERVICE STANDARDS (LOS)
Level of service standards for those public facilities for which concurrency is required are set forth below:
Concurrencv Facility City of Sebastian Adopted Level of Service Standard
Sanitary Sewer 250 gallons per day per equivalent residential unit
Potable Water 250 gallons per day per equivalent residential unit
Drainage Facilities Water Quality: Post development runoff shall not exceed the pre -
development runoff rate for a 25-year, 24-hour storm event.
Stormwater treatment and disposal facilities shall be designed to meet the
design and performance standards established in Chapter 17-25, FAC, with
treatment of the runoff from the first one inch of rainfall on -site to meet the
water quality standards required by Chapter 17-302, FAC.
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Recreation:
PARK ACREAGE OF RECREATION
CLASSIFICATION AREASIPOPULATION
Neighborhood Park 2.5 per 1,000
Community Park 2.5 per 1,000
Solid Waste: 7.52 pounds per day per capita
Roads:
ROADWAY FACILITY MI 1I'MUNI LOS
STANDARD PEAK
HOUR*
State Arterials
U.S. Highway 1
C
County Arterials
CR 512 (Fellsmere Highway) D
CR 505 (Roseland Road) D
County Collectors
Indian River Drive D
Schummnn Drive D
City Collectors
Barber Street (Wimbrow Drive to Schumann Drive) D
Fleming Street (Main Street to CR 512) D
Easy Street (Main Street to Schumann Drive) D
Vocelle Avenue (CR 505 to Fleming) D
Main Street (US 1 to Wimbrow Drive) D
Laconia Street (CR 512 to South City Limit) D
Significant Local Streets Shown on the Major Thoroughfare Plan
Barber Street Extension (Schumann Dr to US 1) -- D
City
Englar Avenue (Barber St to Schumann Dr) -- City D
Wimbrow Drive (Main Street to East CR 512) -- D
City
Louisiana Avenue (Main Street to CR 512) -- City D
Local
All roads not classified as arterials, collectors, or D
significant local streets shown on the Major
Thoroughfare Plan.
The peak hours shall be the 30th highest hour established by FDOT.
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f Prior to issuing a development order the City shall review all proposed development to ensure
consistency with adopted LOS standards. No development shall be approved that is projected
to decrease the existing LOS below the adopted standard, unless those are mitigated by the
developer.
SECTION 54-3-9.8: METHODOLOGY FOR DETERMINING DEKkNDS ON CONCURRENCY
FACILITIES
A. Roads. In determining demand for available capacity for roads, the following criteria shall be
used:
1. Residential Development. For proposed residential development (except within planned
developments), the following trip generation rates shall be used to calculate the impact of
the proposed development:
Land Use Tvve Trias Per Dav Per Unit
Single -Family 8
Multiple -Family 10
2. Non -Residential Development and MLYed-Use Planned Redevelopment and
Development (PRD). For all other development categories allowed within the Future
Land Use Element, the impacts of development shall be measured by utilizing the
average peak trip generation rate associated with the land use designation_ in which the
proposed development shall occur, using the most recent published edition of the Institute
/001� of Traffic Engineers' Trip Generation Manual. Internal capture rates may be considered
in determining traffic volumes for mixed use developments; however, the applicant shall
bear the burden of demonstrating any internal capture rates of the total nonresidential
trips.
f0'*1
3. Other Methods and Procedures. If the preliminary level of service information
indicates a deficiency in capacity based on adopted level of service standards (reference
Section 54-3-9.7 for adopted level of service standards for roads), the developer may at
his option, prepare a more detailed alternative Highway Capacity Analysis as described
in the Highway Capacity Manual (Special Report 209, Transportation Research Board,
National Research Council, 1985); or conduct a travel time and delay study following
professional standards and procedures contained in the Florida Department of
Transportation, Traffic Engineering Office in its Manual for Uniform Traffic Studies.
If the alternative methodology, after review and acceptance by the Planning and Growth
Management Director, indicates no deficiency in the capacity based on the adopted level
of service standard, notwithstanding that the comprehensive plan indicates a deficiency in
capacity based on the adopted level of service standard, the results of the alternative
methodology will be used. However, the City shall, at its discretion, reserve the option to
have the methodology reviewed by a professional transportation engineer or
transportation planner prior to accepting the methodology. The cost for such review shall
be borne by the applicant.
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a. Required Traffic Analysis For all new developments which are required to
follow the site plan review process, the applicant/developer shall be required to
submit a traffic analysis which identifies the development's impact on the City's
transportation system. The Planning and Growth Management Director may also
require the submission of a traffic analysis for developments if the site location,
anticipated total trip generation, circulation patterns or other such factors warrant
a more extensive review of traffic impacts.
b. Traffic Analysis Afethodology. The impact area for the traffic analysis shall
include adjacent and connected roadway segments as determined by the Planning
and Growth Management Director. The applicant may apply alternative trip
allocations together with a statement of trip allocation methodology consistent
with professional standards established in one (1) or more of the following
documents:
° Highway Capacity Manual, Special Report 209, Transportation Research
Board, National Research Council, 1985.
° Florida Highway System Plan, "Traffic Analysis Procedures," Florida
Department of Transportation, Bureau of Multi -Modal Systems Planning,
1987.
° Florida Highway System Plan, "Level of Service Standards and Guidelines
Manual," Florida Department of Transportation,.
° Trip Generation, Institute of Transportation Engineers (latest edition).
° Transportation and Land Development, Stover, Virgil G., Institute of
Transportation Engineers, 1988.
C. Traffic Analysis Requirements. The traffic analysis shall include the following:
(1) Total projected average weekday trips for the proposed development.
° Pass -by capture rate (commercial land uses only);
° Internal capture rate (planned development only);
° Peak external trips based on ITE Trip Generation Manual, 5th (or most
recent) Edition; and
Peak hour directional projected vehicle trips on all segments of the
arterial and collector street system, which are adjacent to the
development project or as determined necessary by the Planner.
(2) Design capacity of the accessed road(s).
(3) Analysis of traffic distribution on the road network including all links
impacted by more than ten percent (10%) of projected traffic. The trip
distribution shall be consistent with the "presets" contained in the
approved trip generation model. The Planning and Growth Management
Director shall determine the approved trip generation model.
(4) Necessary operational improvements to the City, County, or State
maintained transportation system in order to maintain the adopted level
of service for the roadway.
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(5) Other related information as required by the City.
(6) Justification, including appropriate references, for the use of any trip
generation rates, adjustment factors or traffic assignment methods not
previously approved by the City.
(7) The latest edition of the Institute of Transportation Engineers (ITE) Trip
Generation manual shall be used to calculate these estimates.
Adjustments to these estimates may be made, based on special trip
generation information supplied by the applicant.
B. Other Facilities. The level of service standards for all concurrency facilities are listed in Section
54-3-9.8. The applicant shall provide the Planning and Growth Management Director with the
information required to apply the adopted level of service standard as cited below. The demand
on concurrency facilities generated by the applicant's development shall be determined as cited
below.
1. SoId Waste. The demand for solid waste collection and disposal capacity shall be
determined by multiplying the total number of persons served times 7.52 pounds.
2. Potable Water. The demand for potable water capacity shall be determined by
multiplying the total number of equivalent residential units served times 250 gallons.
3. Sanitary Sewer. The demand for sanitary sewer capacity shall be determined by
multiplying the total number of equivalent residential units served times 250 gallons.
4. Drainage. The applicant shall provide evidence demonstrating that the proposed project
shall meet the LOS established in Section 7 for drainage facilities.
5. Recreation Area. The demand for recreation area shall be determined by multiplying
the City's recreation area level of service standard (2.5 acres per 1,000 population or
.0025 acre multiplied by each person served by the development).
SECTION 54-3-9.9: DETERMINATION OF AVAILABLE CAPACITY
For purposes of these regulations, the available capacity of a facility shall be determined by adding the
cumulative total supply for each public facility component as cited in Step 1 and subtracting cumulative
total demand for each infrastructure component as cited in Step 2.
A. Step 1: Add the Indicators of Available Facility Capacity:
1. Capacity of Existing Facility. The total capacity of existing facilities operating at the
required level of service; and
2. Capacity of Committed Potable Water, Sewer, Solid Waste and Drainage. The total
capacity of committed new facilities, if any, that will become available on or before -the
date a certificate of occupancy is issued for the development. The capacity of
concurrency facilities may be counted and deemed concurrent only if the following
standards are met:
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a. For Potable Water, Sewer, Solid Waste and Drainage: The standards
identified in Article XII shall be met.
b. For Parks and Recreation Facilities: The standards identified in Section 54-3-
9.7 shall be met:
C. For Roads: The standards identified in Section 54-3-9.7 shall be met.
B. Step 2: Subtract the Committed Capacity:
1. Existing Demand Based on Existing Development. The demand for services or
facilities created by existing development as provided by the City.
2. Demand to be Generated by Vested Development, Valid Capacity Reservation
Certificates, and Valid Certificates of Concurrency. The demand for the service or
facility created by the anticipated completion of other vested and/or approved
developments.
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