§ 23-263. Minimum requirements for concurrency.

(a)

A development order will be issued only if the proposed development does not lower the existing level of service of a facility/service below the adopted level of service in the county comprehensive plan, provides mitigation in accordance with the terms of this article, or which results in only de minimus impacts as defined in section 163.3180(6), Florida Statutes, as such section may be amended or renumbered.

(b)

The minimum criteria to satisfy concurrency requirements are established in Rules 9J-5.0055 et seq. Florida Administrative Code, subject to this article and the following additional requirements:

(1)

For potable water, sewer, solid waste and drainage the following standards must be met, at a minimum, to satisfy the concurrency requirement:

a.

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

b.

A development permit is issued subject to the condition that the necessary facilities and services will be in place when the impacts of the development occur; or

c.

The necessary facilities are under construction at the time a permit is issued; or

d.

The necessary facilities and services are guaranteed in an enforceable development agreement. The agreement must guarantee that the necessary facilities and services will be in place when the impacts of the development occur.

(2)

For parks the criteria under subsection (1) above may be applied or the following minimum standards may be applied:

a.

At the time the development permit is issued, the necessary facilities and services are the subject of a binding executed contract which provides for the commencement of actual construction of the required facilities or the provision of services within one (1) year of the issuance of the development permit; or,

b.

The necessary facilities and services are guaranteed in an enforceable development agreement which requires commencement of actual construction of the facilities or the provision of services within one (1) year of the issuance of the applicable development permit. An enforceable development agreement may include, but is not limited to, development agreements pursuant to section 163.3220, Florida Statutes, or an agreement or development order issued pursuant to chapter 380, Florida Statutes.

(3)

Transportation.

a.

Transportation supply (capacity). Transportation supply shall be determined in accordance with the requirements of the county's adopted comprehensive plan and the terms of this article. Capacity will be based either on FDOT's generalized capacity tables or individual capacity studies utilizing professionally acceptable standards and methodology approved by the county

b.

Transportation supply is determined as follows:

1.

The segment's existing peak hour, peak season, peak direction capacity; or

2.

The segment's new roadway capacity if facility expansion for the segment is proposed and if:

i.

At the time the development order or permit is issued, the facility expansion is under construction; or

ii.

A development order or permit is issued subject to a condition that the facility expansion needed to serve the new development is included in the county's adopted five-year schedule of capital improvements and is scheduled to be in place or under actual construction not more than three (3) years after issuance of the project's first building permit or its functional equivalent. For purposes of this section, the county may recognize and include transportation projects included in the first three (3) years of the adopted Florida Department of Transportation five-year work program. In order to apply this provision to a facility expansion project, the capital improvements element (CIE) must include the following policies:

a)

The estimated date of commencement of actual project 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 which is needed to maintain the adopted level of service standard and which is listed in the five-year schedule of capital improvements of the county's adopted comprehensive plan; or

iii.

At the time a development order or permit is issued, the facility is the subject of a binding executed agreement which requires the facility to be in place or under actual construction no more than three (3) years after the issuance of the project's first building permit or its functional equivalent; the agreement may assign all or a portion of the created capacity; or

iv.

At the time a development order or permit is issued, the facility is guaranteed in an enforceable development agreement, pursuant to section 163.3220, Florida Statutes, or an agreement or development order issued pursuant to chapter 380, Florida Statutes, to be in place or under actual construction not more than three (3) years after issuance of a building permit or its functional equivalent. [Section 163.3180(2)(c), Florida Statutes]; the agreement may assign all or a portion of the created capacity; or

v.

The segment is the subject of a proportionate fair-share agreement. In such case, the segment capacity increase reflected in the proportionate fair share agreement shall be available only to the parties to a proportionate fair share agreement.

(4)

For public schools facilities the following standards must be met, at a minimum, to satisfy the concurrency requirement:

a.

Applicability: All new residential development shall be subject to public school facilities concurrency unless exempted under this article.

b.

Concurrency service areas (CSAs):

1.

CSAs will be developed based upon school attendance zones so that there is school capacity in each concurrency service area (CSA) or contiguous CSA to meet the adopted level of service (LOS) standard within the 5-year time frame contained in the school district's adopted five-year work program (as such work program is updated annually by the school board) and incorporated by reference into the county's Capital Improvement Element.

2.

CSAs may be subsequently modified to maximize available school capacity and make efficient use of new and existing public school facilities in accordance with the adopted LOS standards, and taking into account policies which:

i.

Minimize transportation costs;

ii.

Limit maximum student travel times;

iii.

Affect desegregation plans;

iv.

Achieve socio-economic, racial and cultural diversity objectives;

v.

Recognize capacity commitments resulting from the development approvals (by the county) for the CSA; and,

vi.

Recognize capacity commitments resulting from development approvals (by the county) for contiguous CSAs.

3.

All CSAs will be described geographically and appropriately mapped.

c.

Calculation of capacity: The school district will determine whether adequate school capacity exists for each school type (elementary, middle, high) within the subject CSA, based on the adopted LOS standard, for each proposed residential development or project. Capacity shall be calculated by:

1.

Total school facilities — Calculate total school facilities by adding:

i.

Existing school facilities for each school type (elementary, middle, high) within the subject CSA;

ii.

The capacity of all planned school facilities for each school type (elementary, middle, high) as identified in years one through three of the school district's five-year work program within the subject CSA; plus

2.

Total demand — Calculate total demand on school facilities by adding:

i.

Used capacity for each school type (elementary, middle, high) within the subject CSA;

ii.

The portion of reserved capacity (i.e. any development that has a valid and unexpired concurrency determination) projected to be developed within the subject CSA;

iii.

The portion of exempt development within the subject CSA; plus

iv.

The demand on schools created by the proposed development as applied to the subject CSA.

3.

Available capacity. Total school facilities minus total demand equals available capacity for each school type (elementary, middle, high) within that CSA.

d.

Determination of sufficient school capacity for residential development:

1.

In determining whether there is sufficient school capacity to accommodate a proposed residential development, the school district will consider:

i.

Subject CSA. Available capacity will be determined pursuant to subsection c. above.

ii.

Contiguous CSA. If the proposed residential project creates or increases a capacity deficit within one or more school types (elementary, middle, high) within the subject CSA based on the adopted LOS standard, then a determination of available capacity will be performed for each contiguous CSA in the same manner as capacity was determined for the subject CSA (pursuant to subsection c. above). To the extent not inconsistent with this article and the school interlocal agreement, the school district may also take into account:

a)

Travel time (school bus route from the applicable school to the proposed development should not exceed fifty (50) minutes);

b)

Where school capacity is reserved for a specific academic or magnet program(s) at a particular school or for establishing student diversity and not otherwise accounted for in the capacity calculation set forth in subsection c. above, then such capacity cannot be claimed in a contiguous concurrency service area for purposes of determining available capacity; and,

c)

Where two (2) CSA's are seaprated or divided by the Withlacoochee State Forest, then they shall not be deemed contiguous for purposes of determining available capacity.

2.

In conducting the contiguity review, the school district shall first use the contiguous CSA with the most available capacity to evaluate projected enrollment/demand for each applicable school type (elementary, middle, high) and, if necessary, shall continue to the CSA with the next most available capacity until all contiguous CSAs have had a capacity determination performed in accordance with subsection c. above. If a contiguous CSA is identified as having available capacity, then the actual development impacts of the proposed project shall be shifted to that CSA having available capacity (this shift shall be accomplished in accordance with school board policy and which may include, without limitation, appropriate boundary changes or shifting future student assignments within the affected school type(s)).

e.

Issuance of residential development orders predicated on sufficient public school facility capacity:

1.

The issuance of development orders for new residential units shall be predicated on the availability of school capacity.

2.

Whether there is adequate school capacity to accommodate students generated by the proposed development for each type of school within the affected CSA consistent with the adopted LOS standard will take into consideration that:

i.

Adequate school facilities will be in place or under actual construction within three (3) years after the issuance of the subdivision approval or site plan (or functional equivalent); or,

ii.

Adequate school facilities are available in an adjacent CSA and the impacts of development can be shifted to that area; or,

iii.

The developer executes a legally binding commitment (i.e. proffering an acceptable proportionate share mitigation agreement) to provide mitigation proportionate to the demand for public school facilities to be created by the actual development of the property subject to the subdivision approval or site plan (or functional equivalent) pursuant to article.

3.

If the impact of the proposed development will not occur until years two (2) or three (3) of the school district's financially feasible work plan, then any relevant programmed improvements in those years shall be considered available capacity for the project and factored into the level of service analysis. If the impact of the project will not occur until years four (4) or five (5) of the work plan, then any relevant programmed improvements shall not be considered available capacity for the project unless funding of the improvements is assured through school board funding to accelerate the project, through proportionate share mitigation, or some other means.

4.

If the school district determines that adequate capacity does not exist but that the developer's proffered proportionate share mitigation agreement is an acceptable alternative to the school district, then the mitigation set forth in section 23-269 of this article shall apply.

5.

The county will issue a certificate of concurrency for schools only upon:

i.

The school district's written determination that adequate school capacity will be in place or under actual construction within three (3) years after the issuance of subdivision approval or site plan approval (or functional equivalent) for each level of school without mitigation; or,

ii.

The execution of a legally binding proportionate share mitigation agreement between the applicant, the school board and the county.

(5)

In determining the availability of services or facilities, a developer may propose and the county may approve developments in stages or phases so that the facilities and services needed for each stage or phase will be available concurrent with the impacts of the proposed development.

(Ord. No. 2009-18, § I, 12-8-09)