[Adopted 4-17-1990 by Ord. No. 90-06 (Art. X of Appendix
A of the 1984 Code)]
[Amended 12-12-2006 by Ord. No. 2006-09; 11-8-2016 by Ord. No. 2016-05]
This Part 2 is intended to ensure the availability of public
facilities and the adequacy of those facilities concurrent with the
impacts of development. This intent is implemented by means of a concurrency
and mobility management system which shall measure the potential impact
of a development permit application upon roadways, solid waste, potable
water, sanitary sewage, stormwater or park facility and/or service
as provided in the capital improvements element of the Comprehensive
Plan.
[Amended 12-12-2006 by Ord. No. 2006-09; 11-8-2016 by Ord. No. 2016-05]
As used in this Part 2, the following terms shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
That an application for development contains sufficient information,
pursuant to existing regulations, to allow continuing review.
Any documentation which contains a specific plan for development,
including the densities and intensities of development, where applicable,
that is presented by any person for the purpose of obtaining a development
order or development permit.
Available with regard to the provision of facilities and services concurrent with the impacts of development, and means that, at a minimum, the facilities and services will be provided in accordance with the standards set forth in § 130-62 of this Code.
That document issued by the Director of Community Improvement,
or his designee, that is a prerequisite for the issuance of any development
order or development permit. At a minimum, the certificate of concurrency
shall provide information on the following:
Type of proposal;
Effective date of the concurrency test statement utilized in
the comparison;
Date of issuance of the certificate of concurrency;
Status of each public facility and service after comparison
with the current concurrency test statement; and
Whether or not the development proposal is subject to development
limitations.
That the necessary public facilities and services to maintain
the adopted level of service standards are available when the impacts
of development occur.
Road corridors designated by the City in a resolution as
constrained, congestion containment, or long-term concurrency management.
A public facility and service status report prepared by the
City that establishes the existing capacity for each public facility
and service.
The area within 1/2 mile of the center line and within a
one-half-mile arc radius beyond the terminus of the road segment center
line, and includes properties that are subject to at least one of
the following conditions:
Sole direct access: a condition where the only means of site
ingress/egress is directly onto the road facility, regardless of the
distance of that site from the facility.
Direct access: a condition in which one or more existing or
potential site ingress/egress points makes a direct connection to
the road facility and the site is within 1/2 mile of the road facility.
Sole indirect access: a condition where the only point of site
ingress/egress is onto a public nonarterial roadway which makes its
first and shortest arterial level connection onto a road facility
regardless of the distance of that site from the facility. This definition
is subject to change by amendment of this Part 2 upon review of anticipated
traffic analysis consistent with the Comprehensive Plan and procedures
of this Part 2.
The framework providing for a countywide approach to managing
the traffic impacts of development projects and to increasing mobility
for pedestrians, bicyclists, transit users and motor vehicles through
the implementation of the Pinellas County Multimodal Impact Fee Ordinance
and the transportation provisions of this section through the site
plan review process.
An existing source and amount of revenue available to the
City.
A road operating at peak hour level of service E or F and/or
a volume-to-capacity (v/c) ratio of 0.9 or higher with no mitigating
improvements scheduled within three years.
Any construction, structures, creation of structures or alteration
of the land surface or natural resources which requires authorization
by the City of South Pasadena through issuance of a development order
as defined in this Part 2.
Any order granting, denying or granting with conditions an
application for a development permit as defined in this Part 2.
Any one of the following:
A development permit, as defined in this Part 2.
A statewide system of limited-access facilities and controlled-access
facilities developed for high-speed and high-volume traffic movements
and managed by FDOT to meet standards and criteria established for
the FIHS. State Road 693 is not part of the FIHS.
The coordinated system of plans (e.g., comprehensive plans),
regulations, code provisions and related status reports (e.g., concurrency
test statement and transportation system report) that provide standards
and guidance for land development related activities.
A measure of performance and/or of demand versus available
capacity of public services and facilities.
As developed by an applicant representing a proposed development,
is submitted in conjunction with individual site plans seeking to
utilize transportation management strategies to address their development
impacts, protect roadway capacity and to increase mobility. These
strategies include, but are not limited to, density/intensity reductions,
project phasing, access controls, capital improvements and/or incentives
encouraging mass transit, bicycle or pedestrian travel, ride-sharing
or roadway improvements. Strategies that are standard site plan review
requirements would not be eligible for inclusion in a mobility management
plan. Mobility management plans must be submitted to the Department
of Community Improvement for review and approval.
Refers to the management of development impacts on transportation
facilities and implementation of mobility improvements pursuant to
the mobility management plan.
A vehicle trip added to the major road network from and to
a developed parcel of land during the weekday peak hour. This excludes
"passerby" or "diverted" trips whereby the site is accessed as a secondary
trip.
In describing traffic conditions, is the 100th highest volume
hour of the year in the predominant traffic flow direction.
Refers to the land use that occupied a parcel of land prior
to the submittal of a permit/site plan application. In accordance
with the Pinellas County Transportation Impact Fee Ordinance (TIFO),
development projects are entitled to a credit equivalent to the impact
fee assessment of any land use activity that existed on the property
as of June 30, 1986, the original adoption date of the TIFO. The applicant
must provide the necessary documentation to verify any preexisting
use activity not reflected in the current records of the Pinellas
County Property Appraiser's Office.
One of the following:
Those necessary public facilities and services covered by
a Comprehensive Plan element for which level-of-service standards
have been adopted by the City or, in the case of roads, are regulated
under the City's Mobility Management System. The necessary public
facilities and services are roads, sanitary sewer, solid waste, drainage,
potable water, and recreation.
Statewide and regionally significant facilities and services,
including the state's largest and most significant commercial service
airports, spaceport, deepwater seaports, freight rail terminals, passenger
rail and intercity bus terminals, rail corridors, waterways and highways.
No portion of the SIS falls within the City limits.
A funding program created to improve regionally significant
transportation facilities in regional transportation areas. State
funds are available throughout Florida to provide incentives for local
governments and the private sector to help pay for critically needed
projects that benefit regional travel and commerce.
The rate of traffic flow of an intersection approach or group
of lanes during a specific time interval divided by the capacity of
the approach or group of lanes. Volume-to-capacity ratios provide
a measure of traffic congestion and are utilized in the concurrency
management system to identify congested road segments and to minimize
the transportation impacts of development projects that affect them.
[Amended 11-8-2016 by Ord. No. 2016-05]
The adopted levels of service standards, as stated in the City
of South Pasadena Comprehensive Plan, for public facilities and services
are hereby adopted by reference.
[Amended 4-27-1993 by Ord. No. 93-07; 11-8-2016 by Ord. No. 2016-05]
A.Â
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 issued for development permits shall be binding.
B.Â
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 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.
C.Â
In the event that the applicant seeks a certificate of concurrency
for a multiphase project, the projected buildout of which exceeds
one year, the applicant may apply for a variance to the expiration
time frame set forth in this section. An applicant for a variance
to the effective period of a certificate of concurrency shall not
be required to obtain a certificate of concurrency as a prerequisite
of applying for this variance. In the event that a variance is granted
by the City Commission, the concurrency review shall be conducted
based on the approved time frame.
[Amended 4-27-1993 by Ord. No. 93-07; 11-8-2016 by Ord. No. 2016-05]
The burden of showing compliance with the adopted levels of
service by meeting the concurrency evaluation shall be upon the applicant.
The Department of Community Improvement shall be responsible for concurrency
review.
[Amended 4-27-1993 by Ord. No. 93-07; 11-8-2016 by Ord. No. 2016-05]
De minimis development. If the proposed development relates
to land use in such a low intensity that it creates no additional
demand upon public facilities, it shall not require a certificate
of concurrency. Development permits for the repair or remodeling of
residential dwelling units which do not involve the creation of additional
living units and will not result in a reduction of pervious surface
shall be deemed de minimis. Development permits for the repair or
remodeling of nonresidential structures which do not involve any change
in the use of the structure, any reduction in green space and do not
include the addition of any square footage shall be deemed de minimis.
[Amended 12-12-2006 by Ord. No. 2006-09; 11-8-2016 by Ord. No. 2016-05]
A.Â
For potable water, sanitary sewer, solid waste, and drainage, the
following are minimum standards that, when met, will satisfy the concurrency
requirement:
(1)Â
The necessary facilities and services are in place at the time a
development order or permit is issued; or
(2)Â
A development order or permit is issued subject to the condition
that, at the time of issuance of a certificate of occupancy or its
functional equivalent, the necessary facilities and services are in
place of and available to serve the new development; or
(3)Â
At the time the development order or permit is issued, the necessary
facilities and services are guaranteed in an enforceable development
agreement. An enforceable development agreement may include, but is
not limited to, development agreements pursuant to F.S. § 163.3220
et seq., or an agreement or development order issued pursuant to F.S.
Ch. 380.
B.Â
For recreation, the concurrency requirement shall be satisfied by
complying with the following standards:
(1)Â
At the time the development order or permit is issued, the necessary
facilities and services are in place or under actual construction;
or
(2)Â
A development order or permit is issued subject to the condition
that, at the time of the issuance of a certificate of occupancy or
its functional equivalent, 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 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 or its functional equivalent; or
(3)Â
At the time the development order or permit is issued, the necessary
facilities and services are guaranteed in an enforceable development
agreement, pursuant to F.S. § 163.3220, or an agreement
or development order issued pursuant to F.S. Ch. 380, to be in place
or under actual construction not more than one year after issuance
of a certificate of occupancy or its functional equivalent.
[Amended 11-8-2016 by Ord. No. 2016-05]
A.Â
After the issuance of a certificate of concurrency, should any of the conditions provided for in § 130-62A through B not be satisfied, specifically:
(1)Â
If there was a valid, unexpired act of an agency or authority of
government upon which the applicant reasonably relied in good faith;
and/or
(2)Â
If the applicant, in reliance upon the valid, unexpired act of government,
has made a substantial change in position or has incurred extensive
obligations or expenses; then
B.Â
Upon demonstration of one or both of the above conditions, there
shall be a meeting of the parties to renegotiate the conditions of
the certificate of concurrency.
[Amended 12-12-2006 by Ord. No. 2006-09; 11-8-2016 by Ord. No. 2016-05]
Strategies which may be considered in order to rectify the lack of concurrency for solid waste, potable water, sanitary sewage, stormwater, or park facilities include, but are not limited to, the following list. In all cases, these strategies may be considered effective only if one of the standards listed in § 130-62A through B (as they pertain to specific facilities and services) is achieved.
A.Â
A plan amendment which lowers the adopted level of service standard
for the affected facilities and/or services.
B.Â
A renegotiated binding executed contract between the City of South
Pasadena and the applicant.
C.Â
A renegotiated enforceable development agreement, which may include,
but is not limited to, development agreements pursuant to F.S. § 163.3220.
D.Â
A change in the funding source.
E.Â
A reduction in the scale or impact of the proposed development.
F.Â
Phasing of the proposed development.
[Amended 4-27-1993 by Ord. No. 93-07; 12-12-2006 by Ord. No. 2006-09; 11-8-2016 by Ord. No. 2016-05]
A.Â
The City of South Pasadena shall use the procedures specified below
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.Â
An applicant for a development permit shall provide the City of South
Pasadena 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 Certificates of Concurrency,
a copy of which shall be maintained in the office of the Community
Improvement Director.
C.Â
In the event that the application for a development order involves
any change in use, the review shall be limited to the net difference
in impact between the existing and proposed use. If at the time of
the application a structure has not been lawfully occupied for a period
of 12 consecutive months, the concurrency review shall include the
full impacts of the proposed use.
D.Â
Upon receipt of a complete concurrency review application, the Department
of Community Improvement shall perform the concurrency evaluation.
Should the Department of Community Improvement determine that it wishes
to further review the methodology or conclusions of the application,
the Department shall have the right to hire an outside consultant
with expertise in the particular field to conduct a review on behalf
of the City. The applicant will be responsible for and shall reimburse
the City for the cost of the third-party consultant.
A public facilities and service report which establishes the
existing levels of service for each public facility and service for
which concurrency or mobility management is required shall be prepared
and shall consider both existing and approved development.
[Added 11-8-2016 by Ord.
No. 2016-05]
A.Â
Purpose and intent. It is the purpose of this division to establish
a mobility management system to ensure that the impacts of development
on transportation facilities and services are effectively managed
while increasing mobility for pedestrians, bicyclists, transit users
and motor vehicles.
B.Â
Mobility management plan.
(1)Â
Mobility management plans are to be submitted by applicants of development
projects in conjunction with their site plans. Mobility management
plans are required for development applications seeking to utilize
mobility management strategies/improvements to address their development
impacts. The extent of the strategies/improvements included in an
approved mobility management plan in terms of the scale of the project(s)
and roadway capacity and/or mobility benefits provided shall be based
primarily on the projected impact of the development project on the
surrounding traffic circulation system. Specific conditions of the
deficient road corridor impacted by the development will also be considered.
Mobility management plan strategies/improvements applicable to development
projects within deficient road corridors will be determined at the
time of site plan review. Should the impacts of the development project
impact a road under the jurisdiction of an adjacent local government
or FDOT, the identification of appropriate mobility management plan
strategies shall be coordinated with the affected jurisdiction(s).
Mobility management plans must be developed by the applicant and accepted
by the City of South Pasadena. Mobility management plan strategies/improvements
include, but are not limited to those listed below.
(a)Â
Intensity reduction. The intensity of the proposal may be reduced
through an across-the-board reduction of the permitted floor area
ratio, as it would otherwise normally apply to the proposal. Other
such corrective actions that would reduce the intensity of the proposal
may also apply.
(b)Â
Density reduction. The density of the proposal may be decreased
by a reduction in the number of units per acre below that which would
otherwise normally apply to the proposal.
(c)Â
Project phasing. A project may be divided into logical phases
of development by area, with later phases of the development proposal's
approval withheld until the needed facilities are available.
(d)Â
Outparcel deletion. Those portions of the proposal characterized
as outparcels that create separate and unique impacts may be deleted
from the total proposal.
(e)Â
Physical highway improvements. A project may construct link
capacity improvements, acceleration/deceleration lanes, intersection
improvements or frontage roads.
(f)Â
Operational improvements (signal). This includes efforts involving
signal removal or signal timing improvements.
(g)Â
Access management strategies. These include access management
controls such as the preclusion of a direct connection to a deficient
facility, right-in/right-out driveways, alternative driveway locations,
reduction of a driveway, single point access, shared access or the
implementation of median controls.
(h)Â
Mass transit initiatives. A project may implement a plan to
encourage transit (e.g., employer-issued bus passes). Other mass transit
initiatives may include, but are not limited to, direct route subsidies,
provision of feeder service or the construction of bus stop amenities,
bus pull-off areas and dedication of park and ride parking spaces.
(i)Â
Demand management/commuter assistance. These include efforts
to encourage ride sharing (e.g., designated parking spaces for carpools,
employer-sponsored carpool program, participation in transportation
management organization/initiative programs) and to implement flexible
work hour and telecommuting programs.
(j)Â
Bicycle/pedestrian improvements. These would involve structural
improvements or construction of a bikeway or sidewalk connecting an
existing bikeway/sidewalk network or providing access to a school,
park, shopping center, etc. These improvements may also include pedestrian
treatments in parking areas, sidewalks connecting developments with
adjacent land uses, trail improvements and bicycle rack and on-street
bicycle lane installations, and the planting of trees to provide shade
canopy along sidewalks.
(k)Â
Intelligent transportation system improvements. This includes
improvements pertaining to computerized traffic signal systems that
automatically adjust to maximize traffic flow and to permit emergency
vehicles to pass through (intersections quickly. It also includes
freeway management systems, such as electronic message signs, and
electronic fare payment on public buses that reduce passenger boarding
time.
(l)Â
Livable community site design features. These include, but are
not limited to, implementation of pedestrian-friendly site design
features such as orienting buildings toward the street and parking
lots to the side or rear of buildings.
(2)Â
Mobility management plans seeking to implement strategies that do
not involve structural improvements, such as ride-sharing and transit
incentive programs, must include a monitoring program to ensure the
strategies are carried out in accordance with the plan as developed
by the applicant and accepted by the City of South Pasadena.
C.Â
Deficient road corridors; mobility management plan strategies applied.
(1)Â
Deficient road corridors include parcels within 1/2 mile of the center
line or terminus of a facility operating under a deficient level of
service.
(2)Â
In support of the provisions of this section regarding deficient
road corridors, policies in the Comprehensive Plan seek to discourage
Future Land Use Map (FLUM) amendments that allow for an increase in
automobile trips generated from sites proposed for amendment. It is
recognized that exceptions to this provision may apply within road
corridors where the local government comprehensive plan is seeking
increased densities and intensities for planning purposes.
(3)Â
Development projects located within deficient road corridors that
generate between 51 and 300 new peak-hour trips are classified as
Tier 1.
(a)Â
Developers of Tier 1 projects are required to submit a transportation
management plan designed to address their impacts while increasing
mobility and reducing the demand for single-occupant vehicle travel.
(b)Â
The cost of mobility management strategies implemented for Tier
1 projects is creditable toward their multimodal impact fee assessment
in accordance with the Multi-Modal Impact Fee Ordinance. If the cost
of the improvement exceeds the assessment, the development project
would not be subject to payment of the fee.
(4)Â
Development projects located within deficient road corridors that
generate more than 300 new peak-hour trips are classified as Tier
2. Developers of Tier 2 projects are required to conduct a traffic
study and submit an accompanying report. The report shall include
the results of the traffic study and a mobility management plan identifying
improvements necessary to mitigate the impacts of the project. The
report shall be submitted to the Community Improvement Department
for review. The cost of mobility management strategies implemented
for Tier 2 projects may be applied as credit toward the project's
multimodal impact fee assessment in accordance with the County Multi-Modal
Impact Fee Ordinance or payment of the fee could be included as part
of a mobility management plan.
(5)Â
Development projects that generate less than 51 new peak-hour trips
are required to pay a multimodal impact fee in accordance with the
County Multi-Modal Impact Fee Ordinance. They are not required to
submit a transportation management plan or traffic study.
(6)Â
A traffic study and corresponding mobility management plan for a
land development project generating more than 50 new peak-hour trips
outside a deficient road corridor may be required if, through the
site plan review process, the local government determines that operational
improvements such as intersection or median modifications are necessary
to accommodate the additional trips generated by the proposed land
use.
D.Â
Methodology applied. Determination of trip generation shall be based
on the Pinellas County Multi-Modal Impact Fee Ordinance fee schedules
and latest edition of the Institute of Transportation Engineers Trip
Generation Manual.
A.Â
A denial of a certificate of concurrency may be appealed by the applicant
to the Planning and Zoning Board and City Commission. 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 Department of Community Improvement within 20 days of the written
denial of the certificate of concurrency. The Department of Community
Improvement 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 Department of Community Improvement
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.
[Amended 4-27-1993 by Ord. No. 93-07]
B.Â
The applicant shall have the burden of proof to establish by the
presentation of substantial competent evidence to the Planning and
Zoning Board:
(1)Â
That
there was an error in the technical determination made by the Department
of Community Improvement to deny the certificate of concurrency; or
[Amended 4-27-1993 by Ord. No. 93-07]
C.Â
Before recommending issuance of a certificate of concurrency, the
Planning and Zoning Board shall make specific findings that the certificate
of concurrency satisfies § 130-66B(1) or (2) of this chapter.
The affirmative vote of a majority 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 therefor.
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 or Vice-Mayor. Further appeal by any
person adversely affected by any ruling of the City Commission shall
be by writ of certiorari to the Circuit Court.
