HomeMy WebLinkAboutO-98-18
ORDINANCE NO. 0-98-18
AN ORDINANCE OF THE OTY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, AMENDING THE OTY OF SEBASTIAN'S LAND
DEVELOPMENT CODE BY CREATING ARTICLE IX, CONCURRENCY
MANAGEMENT, STATING PURPOSE AND INTENT, PROVIDING
CONSISTENCY WITH THE CITY'S COMPREHENSIVE PLAN,
PROVIDING FOR DEFINITIONS, PROVIDING FOR APPLICABILITY
AND EXEMPTIONS, ESTABLISHING CRITERIA FOR CONCURRENCY
AND FINAL DEVELOPMENT ORDERS, ESTABLISHING
CONCURRENCY ADMINISTRA TION, ESTABLISHING CAPAOTY
RESERVATION, ESTABLISHING ADOPTED LEVEL OF SERVICE
STANDARDS, ESTABLISHING MEmODOLOGY FOR DETERMINING
DEMANDS ON CONCURRENCY FACILITIES, ESTABLISHING
DETERMINATION OF AVAILABLE CAPACITY; PROVIDING FOR
SEVERABILITY; PROVIDING FOR RESOLUTION OF CONFLICTS;
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Sebastian, Florida, desires to amend the City of
Sebastian's Land Development Code by establishing concurrency management; and
WHEREAS, the city shall adopt a concurrency management program pursuant to Ch. 163,
F.S. and Rule 9J-5, F.A.C. Beginning January 1, 1998, the city shall issue no development order or
permit unless public facilities required by the subject development are in place concurrent with the
impacts of development,
WHEREAS, a concurrency management plan must be in place to ensure public facilities are
available prior to the development creating any impacts,
WHEREAS, the City Council of the City of Sebastian, Florida, believes that it is in the best
interests of the health, safety, and general welfare of the community to do so,
NOW mERE FORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE OTY
OF SEBASTIAN, FLORIDA, THAT:
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Section 1.
Division VII of the Land Development Code, City of Sebastian, Florida is
hereby created to read as follows:
DIVISION VII. CONCURRENCY MANAGEMENT
ARTICLE IX
SECTION 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 2: CONSISTENCY WITH CITY'S COMPREHENSIVE PLAN
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 3: DEFINITION OF CONCURRENCY MANAGEMENT TERMS
The following definitions shall apply to concurrency management rules and regulations:
Appeal: A request for a review of an administrative interpretation of any provision of this
Article, or a review of a decision made by any administrative official or board or commission.
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Building Permit: For purposes of the concurrency management ordinance, a permit which
authorizes the construction of a new building, or the expansion of floor area, or the increase in the
number of dwelling units contained in an existing building, or change in use shall qualify as a
building permit.
Capacity: Refers to the availability of a public service or facility to accommodate users,
expressed in an appropriate unit of measure, such as gallons per day or average daily trips.
Capacity, Available: Capacity which can be reserved or committed to future users for a specific
public facility.
Capacity, Committed: The amount of capacity which has been committed to accommodate
existing developments, developments which have been issued a final development order,
committed development, and vested developments.
Capacity, Reserved: Capacity which has been removed from the available capacity pool and
allocated to a particular property for a set period of time.
Certificate of Occupancy: A document issued by the proper authority allowing the occupancy
or use of a building and certifying that the structure or use has been constructed or will be used in
compliance with all the applicable municipal codes and ordinances.
Concurrency Certificate: An authorization to reserve capacity for concurrency facilities.
Concurrency Certificate, Conditional: A conditional authorization to reserve capacity for
concurrency facilities.
Concurrency Facilities: Public facilities and services for which a level of service must be met
concurrent with the impacts of development or an acceptable deadline, as mandated in the
Comprehensive Plan pursuant to Chapter 163, FS, and 9J-5.0055, Florida Administrative Codes,
shall include:
Potable Water Recreation Sanitary Sewer Solid Waste Drainage
Roads
Concurrency Management Monitoring System: The data collection, processing and analysis
performed by the City to determine available capacity for concurrency facilities. Data utilized
shall be the most current reliable information available to the City.
Concurrency Management System: The procedure and process that the City uses to ensure
that no development order or building permit is issued by the City unless the necessary
concurrency facilities are available or are assured to be available consistent with the City of
Sebastian Comprehensive Plan. The procedure and process is also intended to ensure that
sufficient capacity for concurrency facilities is available to meet and maintain adopted levels of
service. As part of the concurrency management system the City shall operate and maintain a
concurrency management monitoring system.
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Concurrency Review: Evaluation by the Growth Management Department based on adopted
level of service standards to ensure that public facilities and services needed to support
development are available concurrent with the impacts of such development as defined in this
Article and if such facilities are not available, that the developer of a proposed development bear
the cost of providing public services and facilities at a level of service defined by the
Comprehensive Plan and concurrent with the impacts of a proposed development.
Concurrency Status Report: A status report prepared by the City identifying available
concurrency facility capacity. The status report shall be produced, modified and adjusted from
time-to-time as a result of the reservation of capacity or other act which alters the availability of
concurrency facility capacity.
De-minimis Exception: An exception or exemption to transportation concurrency requirements
given by the City for a development that has met the criteria established in Section 5(C)(5).
De-minimis Impact: An impact on transportation facilities which is determined to be negligible
based upon a development meeting the criteria established in Section 5(C)(5).
Design Capacity: The potential or suitability for holding, storing or accommodating the
demands upon a concurrency facility.
Developer's Agreement: An agreement between the City and another party associated with the
development of land pursuant to Article III.
Development Order: Any order or permit granting, denying or granting with conditions an
application for a preliminary development order, a final development order, a development permit
or any other official action of the City having the effect of permitting the development of land.
Development Order, Final: This shall mean the last discretionary act of the City before
development can commence. The last discretionary act shall occur through an act of official
authorization and with recorded documentation from the City of Sebastian thereby approving the
final development plans for a proposed development project. The issuance of a final development
order after the effective date of the ordinance adopting the Comprehensive Plan shall only occur if
the final development plan complies with the goals, objectives, and policies established in the
Comprehensive Plan.
Final development orders shall include the City's final approval of the following development
procedures:
. Construction permit;
. Certificate of Occupancy;
. Building permit;
. Developments of Regional Impact (DRI)
approval; and
. Site plan approval.
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Internal Capture Rate: Trips that are satisfied entirely on-site by using an internal circulation
system. Internal trips that must use the external roadway network cannot be considered internally
captured trips.
Level of Service: An indicator of the operational efficiency of service provided by a concurrency
facility .
Level of Service Standard: The adopted volume of demand required for each concurrency
facility in order to achieve acceptable operational efficiency.
Pool, Available Capacity: The total unused capacity of concurrency facilities existing at any
point in time.
"Proceeding in Good Faith": Tangible and continuing actions taken by an applicant of an
approved final development order to perform actual project construction and implementation
leading to completion of a final development plan within a reasonable period of time. More over,
a certificate of completion for the development of infrastructure must be received within the time
frame established in the applicable final development order. This provision can only be modified
through a development agreement approved by the City Council.
Vested Rights: A development order shall be deemed "vested" and not subject to requirements
of concurrency management if development circumstances meet criteria for common law or
statutory vesting, as defined below. All "non-vested" development or development orders are
subject to all requirements of this Article.
Vested Rights, Common Law: A right not created by statute or the provisions of the City of
Sebastian Comprehensive Plan which would authorize the development of real property or the
continued development of real property notwithstanding the provisions of the City of Sebastian
Comprehensive Plan. The City may find such vesting to exist whenever the applicant proves by a
preponderance of evidence that the real property owner, acting in good faith upon some act or
omission of the City has made a substantial change in the position or has incurred such extensive
obligations and expenses that it would be highly inequitable and unjust to destroy the right to
develop or to continue the development of the real property. The assignment of the particular
zoning classification or the assignment of a particular land use designation to parcel of real
property does not guarantee or vest any specific development rights to any person or entity as to
said real property.
Vested Rights, Statutory: A statutory right to develop or to continue the development of real
property pursuant to the provisions of ~ 163 .3187(8), FS, or its successor provisions. Such
vesting may be found to exist if a valid and unexpired final development order was issued by the
City prior to the effective date of this Code, if construction has commenced on the subject
development and the development is in the process of being completed or further development is
continuing in good faith. Statutory vesting does not occur unless all material requirements,
conditions, limitations and regulations of the development order have been met and are being
maintained. The Land Development Regulations shall not apply to developments which have
commenced duly approved construction prior to the effective date of the City's Comprehensive
Plan.
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SECTION 4: 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 which 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:
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 which 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 which 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 utilized on development containing the parcel from which it originated, or on a parcel
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contiguous to and under common ownership with the originating 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 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 5: 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
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 fotlowing 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
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a. A final development order is issued subject to the conditions that the necessary facilities and
services needed to setve 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
b. At the time the final development order is issued, the necessary facilities and setvices are the
subject of a binding executed agreement which requires the necessary facilities and services to
setve 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 (CIP). The CIP may recognize and include transportation
projects included in the first three years of the adopted Florida Department of
Transportation Five Year work program. The Capital Improvements Element must
include the following policies:
a. The estimated date of commencement of actual construction and the estimated date of project
completion; and
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
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5. For the purpose of issuing a final development order, a proposed development may be
deemed to have a de minimis impact and may not be subject to the transportation
concurrency requirements, only if aU the foUowing conditions are met:
a. The development proposal is for an increase in density or intensity of less than or equal to twice
the density or intensity of the existing development, or for the development of a vacant parcel of
land at a residential density of less than four dwelling units per acre or, for non-residential uses,
at an intensity of less than 0.1 floor area ratio. Isolated vacant lots in predominantly built
residential areas where construction of a single family house would be the most suitable use, may
be developed for single family residential under the de minimis exception even if smaller than
one quarter acre in size.
b. The transportation impact of the proposed development alone does not exceed 0.1 percent of the
maximum service volume at the adopted level of service standard for peak hour of the affected
transportation facility.
c. The cumulative total transportation impact from the de minimis exemptions does not exceed
three percent (3%) of the maximum service volume at the adopted level of service standard of
the affected transportation facility if the facility does not meet the minimum level of serve
standard.
d. The City has adopted within its Comprehensive Plan policies for granting such exemptions.
SECTION 6: CONCURRENCY ADMINISTRATION
The Growth Management Department shaU be responsible for concurrency reviews as required by
this Article. The Growth Management Department in consultation with applicable City staff shaU
determine whether adequate capacities for concurrency facilities are available to satisfy the
demands of each proposed development. Refer to Figure 1, Concurrency Management Flow
Chart, for a graphic summary of the administrative process.
A. Application for Concurrency Review. Concurrency review shall be initiated upon:
1. Submission and acceptance of an application for a site plan approval, subdivision
construction permit, subdivision plan, certificate of occupancy, or a building permit,
whichever first occurs.
2. At the request of the applicant and pursuant to payment ofa concurrency review fee as
may be established by resolution of the City Council, the Growth Management
Department in consultation with applicable City staff may render concurrency findings.
B. Project Impact Assessment. The Growth Management Department shaU use the best
available information to establish and evaluate existing capacities for concurrency
facilities. The applicant shaU be responsible for supplying the anticipated land uses,
densities and/or intensities, of a proposed development together with the anticipated date
of completion of proposed development, and provide an analysis of the impacts on
concurrency management facilities. The Growth Management Department shaU review
the anticipated impacts of the proposed development on concurrency facilities.
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C. Project Phasingffiming 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.
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 Growth Management Department 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
5. 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. Actions by the Growth Management Department. In the event that the City's
concurrency review reveals that the proposed development would generate public facility
impacts which can be absorbed by the existing available capacity with or without
developer funded improvements, the Growth Management Department shall issue a
certificate of concurrency or a conditional certificate of concurrency as may be applicable.
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
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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.
G. Concurrency Resolution. If the 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 which identifies terms for resolving the capacity deficiency. The
development agreement shall be consistent with ~163.3220, FS, and applicable City
ordinances.
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 Growth Management Department.
SECTION 7: 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 final
development order 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. Conditional Concurrency Certificate. A conditional concurrency certificate shall not
vest the applicant for concurrency facility capacity; rather the applicant shall provide any
required concurrency facility improvements or insure that the requisite improvements
either are in place or shall otherwise be in place compliant with the provision of ~5.
C. First-Come-First-Served. Capacity shall be reserved on a first-come-first-served basis
by the Growth Management Department. 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.
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D. Project DeferralslDevelopment 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 5.
SECTION 8: ADOPTED LEVEL OF SERVICE STANDARDS
Level of service standards for those public facilities for which concurrency is required are set forth
below and may only be changed by an amendment to the City of Sebastian Comprehensive Plan:
Concurrency Facility
Sanitary Sewer
City of Sebastian Adopted Level of Service Standard
250 gallons per day per equivalent residential unit
Potable Water
250 gallons per day per equivalent residential unit
Drainage Facilities
Water Quantity Standards:
Off-Site Standard: Post development runoff shall not exceed the pre-
development runoff rate for a 25-year, 24 hour design stonn.
On-Site Standard: Post development runoff shall not exceed the pre-
development runoff rate for a lO-year, 24 hour design stonn.
Water Quality Standards: Water quality standards of Chapter 17-25, F AC, shall be applied as
the quantitative standards. Chapter 17-25, FAC, requires
Outstanding Florida Waters (i.e., Indian River Lagoon) to reduce
pollution loads by an additional fifty percent (50%) prior to
discharge.
Recreation:
PARK
CLASSIFICATION
Neighborhood Park
Community Park
ACREAGE OF RECREATION
AREAS/POPULA TION
2.0 per 1,000
2.0 per 1,000
Solid Waste:
7.52 pounds per day per capita
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Roads:
ROADWAY FACILITY MINIMUM LOS
STANDARD PEAK
HOUR*
State Arterials
U.S. Hi.r!hwav 1 C
County Arterials
CR 512 (Fellsmere Hi.r!hway) D
CR 505 (Roseland Road) D
City Collectors
Indian River Drive D
Schumman Drive D
Barber Street (Wimbrow Drive to Schumann D
Drive)
Flemin.r! 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
Sie:nificant Local Streets Shown on the Maior Thoroue:hfare Plan
Barber Street Extension (Schumann Dr to US 1) - D
- City
Englar Avenue (Barber St to Schumann Dr) __ D
City
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 FOOT.
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 9: METHODOLOGY FOR DETERMINING DEMANDS ON
CONCURRENCY FACILITIES
A. Roads. In determining demand for available capacity for roads, the following criteria shall
be used:
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1. Residential Development. For proposed residential development (except within
mixed use developments), the following trip generation rates shall be used to calculate
the impact of the proposed development:
Land Use Tvpe
Single-Family
Multiple-Family
Trips Per Dav Per Unit
10
8
2. Non-Residential Development and Mixed-Use Development. 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 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.
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 8 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 Growth
Management Department, 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.
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 Growth
Management Department 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 Methodology. The impact area for the traffic analysis shall include adjacent and
connected roadway segments as detennined by the Growth Management Department. 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:
Appendix 9A: CORCIIIT<IIcy MlI18llemenl System
City of Sebuti8n
14
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 ofMutti-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:
i. 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 hOUT directional projected vehicle trips on all segments of the arterial and collector
street system which are adjacent to the development project or as detennined necessary
by the Planner.
ii. Design capacity of the accessed road(s).
iii. Analysis of traffic distribution on the road network including all links impacted by more
than ten percent (10%) of project traffic. The trip distribution shall be consistent with the
"presets" contained in the approved trip generation model. The Growth Management
Department shall detennine the approved trip generation model.
iv. Necessary operational improvements to the City, County, or State maintained transportation
system in order to maintain the adopted level of service for the roadway.
v. Other related information as required by the City.
vi. Justification, including appropriate references, for the use of any trip generation rates,
adjustments factors or traffic assignment methods not previously approved by the City.
vii. The latest edition of the Institute of Transportation Engineers (llE) Trip Generation manual
shall be used to calculate these estimates. Adjustments to these estimates may be made,
based on special trip generation infonnation supplied by the applicant.
B. Other Facilities. The level of service standards for all concurrency facilities are listed in
Section 8. The applicant shall provide the Growth Management Department 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. Solid 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.
Appendix 9A: Concunency M~t S)'5tem
City of Sebasti8n
15
5. Recreation Area. The demand for recreation area shall be determined by multiplying
the City's recreation area level of service standard (4.0 acres per 1,000 population or
.01 acre multiplied by each person served by the development).
SECTION 10: DETERMINATION OF AVAILABLE CAPACITY
For purposes of these regulations, the available capacity ofa 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 Facilities. 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
Facilities. 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:
a. For Potable Water, Sewer, Solid Waste and Drainage: The standards identified in Section
5(A) shall be met.
b. For Parks and Recreation Facilities: The standards identified in Section 5(B) shall be met.
c. For Roads: The standards identified in Section 5(C) 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.
Appendix 9A: Concwn:ncy MlI18llement Sy.1mI
City ofSebuti8n
16
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Section 2. CODIFICATION. It is the intention of the City Council of the City
of Sebastian, Florida, that the provisions of this Ordinance shall become and be made part of
the Code of Ordinances of the City of Sebastian, Florida, and that the sections of this
Ordinance may be renumbered, relettered, and the word "ordinance" may be changed to
"Section", "Article", or other such word or phrase in order to accomplish such intention.
Section 3. SEVERABILITY. If any section or part of a section of this
Ordinance is declared invalid or unconstitutional, the validity, force and effect of any other
section or part of a section of this Ordinance shall not thereby be affected or impaired unless it
clearly appears that such other section or part of a section of this Ordinance is wholly or
necessarily dependent upon the section or part of a section so held to be invalid or
unconstitutional.
Section 4. CONFLICT. This Ordinance shall prevail over all other Ordinances
which are in conflict with this Ordinance. If any clause, section, or part or other application of
this Ordinance shall be held by any Court of competent jurisdiction to be unconstitutional or
invalid, such unconstitutional or invalid part or application shall be considered as eliminated and
in no way affecting the validity of the remaining portions or applications remaining in full force
and effect.
Section 5. EFFECTIVE DATE. This Ordinance shall go into effect
immediately upon its passage and adoption and authentication by the signature of the presiding
officer and Clerk of the City Council.
18
The foregoing Ordinance was moved for adoption by Councilmember
~t;H-LaAt; The motion was seconded by CounciImember
/d~.Jt1 and, upon being put to a vote, the vote was as follows:
Mayor Ruth Sullivan
Vice Mayor Martha Wminger
CounciImember Louise R. Cartwright
CounciImember Larry Paul
CounciImember Chuck Neuberger
The Mayor thereupon declared this Ordinance duly passed and adopted this;g day of
JkN~~j
/
.1998.
CITY OF SEBASTIAN, FLORIDA
~gg
.' '. / ,/
By: /.. ..... ./e' ~
Ruth Sullivan, Mayor
. ~'~m~ .
~L .~ 71;kfa.oJief"-Ct r!d:; CWt..
:0-":-: ~at::t M. O~al~~~ CMC/AAE
-:-_ -~= "_. (Sealy ~ .,-:.~ - ~
. --
- ---
App;ov~~tO'P~rm and Content for
~t~~Of~On\v
Rich Stringer ~
City Attorney
19