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Ord. No. 07-96-1607ORDINANCE NO.7-96-1607 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI,FLORIDA RELATING TO THE AMENDMENT OF THE CONCURRENCY PROVISIONS OF SUB-SECTION 20-4.1 IN THE LAND DEVELOPMENT CODE BY PROVIDING A NEW SUB-SECTION 20-4.1;PROVIDING FORSEVERABILITY;PROVIDING FOR ORDINANCES IN CONFLICT;AND PROVIDING AN EFFECTIVE DATE. WHEREAS,onOctober 25,1989,theCityCommissionofthe City of South Miami adopted concurrency regulations under sub section [§]20-4.1,entitled "Adequate Public Facilities and Services,"aspartoftheLand Development Code,whichwas adoptedviaOrdinance No.19-89-1441;and, WHEREAS,theCityofSouthMiamiCityAdministrationhas implemented a concurrency policy pursuant to the provisions of these adopted regulatory standards;and, WHEREAS,theCity Administration hasbeen monitoring the concurrencypolicyandisrecommendingminorrevisionsand codification of the policy as legislation;and, WHEREAS,the Mayor andtheCity Commission findthatitis inthe public interesttocodify concurrency policy. NOW,THEREFORE,BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI,FLORIDA: Section 1.Section 20-4.1 of the Land Development Code is amended in its entirety and replaced with the following: 20-4.1 Adequate Public Facilities and Services (A)Purpose A development permit,Certificate of Completion [CC],Certificate of Occupancy [CO]or Certificate of Use and Occupancy [CU]shall not be issued when level(s)-of-service [LOS]for public services and facilities do not meet or exceed LOS Standards,or when the issuance ofa development permit and/or CC and/or CO and/or CU would result in a reduction of the actual LOS for any service or facility below the established LOS Standards,as specified below. 2nd Reading May 7,1996 Concurrency Revision Ordinance Page #1 (B)Applicability andApplication (1)New Development on Vacant Land Fornewconstruction projects,concurrency determinations shallbemadeinconjunctionwiththeearliestdevelopment approval which involves a site plan for development. (2)Building Additions and New Development on Occupied Parcels Any addition which increases gross floor area by 5,000 square feet or more and increases public facility usage shall be subject to concurrency review prior to granting of the CCor CU.Only incremental increase in facility capacity usageoverexistingusage will beassessedfor concurrency. (3)ChangesofUseonOccupiedParcels Changes ofusewhich increase required parkingby25 spaces shallbe subject to concurrency reviewpriortograntinga CU.Only incremental increase infacilitycapacityusage over existing usage willbe assessed for concurrency. (4)Exempt Projects The following kindsofdevelopmentand redevelopment shall notrequireaconcurrencyreviewperthissub-section: (a)ChangeofUsetoAnotherSimilarUse:Anychangeofuse which clearly causes no increase in demand upon any public facility,orcausesareductionindemandonall public facilities,anddoesnotincreasethenumberof required parking spacesinexcessof25 parking spaces; (b)Residences:Single-family and two-family dwellings on previously platted lotsoras part of waivers-of-plat; (c)Public uses:Development such asa public or government facility which the City Commission finds essential to the health or safety of City residents;and, (d)Existing Approvals:Projects considered as vested or committed and/or site plans approved beforeadoption of the Land Development Code on October 26,1989. 2nd Reading May 7,1996 Concurrency Revision Ordinance Page #2 (C)LOS Standards (1)Streets (a)South Dixie Highway (U.S.1):Until December 31,1995, the peak hour LOS standard shall be 115 percent of the peak traffic count in 1989.After December 31,1995, thepeakhour LOS standard shall be 150 percent of "D" capacity,as defined in the adopted Comprehensive Plan. (b)Bird Road (S.W.40th Street):ThepeakhourLOS standard shallbe120percentof "E"capacity. (c)Principal and Minor Arterials (Sunset Drive,Red Road, KendallDrive):ThepeakhourLOSstandardshallbe "F" capacity,as defined in the adopted Comprehensive Plan. (d)Collectors:(S.W.48 Street,MillerDrive,S.W.62nd Avenue and Ludlam Road):The peak hour LOS standard shallbe "E"capacity,exceptthatCounty collector roadwaysintheadoptedUrban Infill Areaareexempt from concurrency review requirements. (e)DRI Exception:TheCitywillnotissueanypermitwhich would have the effect of lowering the LOS below the levelsspecified above,unlesssuchpermitsareissued pursuanttoa Development of Regional Impact (DRI) approvalgrantedpriortoadoptionofthe1989South Miami Comprehensive Plan on January 18,1989. (f)RIDException:TheCitywillnotissueany permit which would have the effect of lowering the LOS below the levels specified above,unless such permits are issued for development and/or redevelopment within an approved Redevelopment and Infill District [RID]. (g)De Minimis Impact Exception:The City will not issue any permit which would have the effect of lowering the LOS below the levels specified above,unless such permitsareissuedfordevelopmentand/orredevelopment which meet the conditions in Chapter 163.3180(6),F.S., and/or in Rule 9J-5.0055,Florida Administrative Code. 2nd Reading May 7,1996 Concurrency Revision Ordinance Page#3 (2)Sewage (a)The disposal systems shall operate withadesign capacity of no less than 2 percent above average daily flowforthepreceding year,orasdeterminedtobe sufficient by Metro-Dade County. (b)The County system maintains capacity to collect and dispose of 100 gallons of sewage per capita per day. (c)Forthe unsewered properties,LOS shall bethe issuance ofaMetro-DadeHealthdepartmentseptictankpermit. (3)Water (a)Thewatersystem shall operate witharated capacity of nolessthan2percentabovethemaximumdailyflowfor the preceding year,oras determined tobe sufficient by Metro-Dade County. (b)Water is delivered tousersata pressure nolessthan 20poundsper square inch (psi)andnogreaterthan100 psi.Minimum fire flows shall be maintained as approved bythe Metro-Dade FireDepartment. (c)The County system maintains capacity to deliver upto 200 gallons per capita per day. (4)Drainage Anydevelopmentshalladequatelyaccommodate runoff fromthe 1-day,l-in-10 year frequency storm. (5)Solid Waste The County solid waste disposal system shall maintain a minimum capacity offiveyears,or capacity as determined by Metro-Dade County tobe sufficient.A generation rate of7 pounds per person per day may be used for calculation. (6)Recreation The public (City and School Board)park land within the City shall equal at least 4 acres per 1,000 population.This shall include the School Board recreational land. 2nd Reading May 7,1996 Concurrency Revision Ordinance Page #4 (D)Concurrency Review Procedures (1)Responsibility The Building &PlanningDepartmentisresponsiblefor concurrency aspartofthedevelopmentpermitprocess. (2)Measurement of LOS Measurement and evaluation of LOS shall follow these regulations,as necessary for approval.The capacity and availability ofservicesshallbedeterminedbythe following approach whichisbasedupon 9J-5.0055,F.A.C. (a)Adding Together: 1.Total design capacity of existing facilities operating attherequiredLOS;and, ii.Totaldesigncapacityofnewfacilitiesthatwill become available concurrent with the impact of the development and/or change ofuse;and, iii.Total design capacity of new facilities under construction at the time of CO approval;and, iv.For recreational facilities,total design capacity of new facilities that are the subject of a binding,executed contract for construction of facilities to be completed within one year of the time the CO is issued;and, v.For roadway facilities,total design capacity of new facilities that are the subject of a binding, executed contract for construction of facilities tobe completed within three years of the time the CO is issued;and, vi.For roadway facilities,total design capacity for new facilities that have been included in a financially feasible five-year capital improvement program and construction is scheduled for the third year or earlier;and, 2nd Reading May 7,1996 Concurrency Revision Ordinance Page #5 vii.Total design capacity for new facilities thatare guaranteedataspecifictimeinanenforceable development agreement,whichmay include,butis not limited to,development agreements pursuant to Section 163.3220,F.S.,and development orders pursuant to Chapter 380,F.S.,with construction tobeginwithinthreeyearsofCOissuancefor roadwayfacilitiesandwithinoneyearofCO issuance for recreational facilities;and, viii.Total creditsforany exception (including full exemptions,suchasRID concurrency approvals), where theCity Commission has granted such an exception,basedupon thoseterms specifiedin Chapter 163,F.S.,andrelated F.A.C.rules. (b)Subtracting from That Number the Sum of: i.The demand for the service created by existing development,asevidencedbycurrentuse;and, ii.The demand for the service (by phase or otherwise) that will be created by the anticipated completion ofall currently approved developments,including the subject development under evaluation. (3)Determination of Concurrency (a)County concurrency requirements:Metro-Dade County approval is required via the permit process for all County impact fees which currently include roadway, fire,water,sewer and public schools,as amended. (b)For water and sewage:Concurrency shall be evidenced by the approval of appropriate County and Florida State agencies forwater,sewage and/or septic tanks. (c)For solid waste:Concurrency shall be evidenced by the renewal of contracting with Dade County Public Works. (d)For drainage:Concurrency shall be evidenced by compliance with South Florida Building Code standards. (e)For recreation:Concurrency shall be evidenced by evaluation of population and the park land inventory. 2nd Reading May 7,1996 Concurrency Revision Ordinance Page #6 (f)Fortraffic:Concurrency shallbe evidenced by annual evaluation of roadway capacity and available LOS. (4)Calculation by Either City or Applicant Calculationsmaybeperformedeitherbytheapplicantor City;theCity shall verify all applicant calculations. (5)Concurrency Review Fee An applicant maybe charged a concurrency review deposit. This willbe used to defray thecostofthe determination of concurrencyincludinganyconsulting fees;thedeposit amount shall be defined in the City's Fee Schedule. (E)Concurrency RightsReservationandEffective Period (1)Capacity Reservation:Permitsshallbechronologically loggeduponapprovaltodeterminereserved capacity. (2)Reservation Period:Capacityis considered as reserved until issuance ofa CC and/or CO and/or CU for a project.Projects mustbe completed topreserveanyconcurrencyreservation. Otherwise,whenever development permits issued for projects expire,then concurrency approvalsexpire with thepermits. (3)Extensions:An extension of six months may be granted by the City Manager (oradesignee),ifthe applicant presents in writing the circumstances foranextension.Applicants may appeal the City Manager's decision totheCityCommission. (4)Development Agreements:Development agreements as described in Chapter 163.3220,"Florida Local Government Development Agreement Act,"shall have a valid concurrency period not to exceed five (5)years or as extended by mutual consent of the City Commission and the applicant. Section 2.If any section,clause,sentence,or phrase of this ordinance is for any reason held invalid or unconstitutional by a court of competent jurisdiction,the holding shall not affect the validity of the remaining portions of this ordinance. 2nd Reading May 7,1996 Concurrency Revision Ordinance Page #7 Section 3.All ordinances orpartsof ordinances in conflict withtheprovisionsofthis ordinance arehereby repealed. Section 4.This ordinance shall take effect immediately at the time of its passage. PASSEDANDADOPTEDthis 7th dayof MAY,1996. ATTEST: fi<4 72££s yfey< CITY CLERK 1st Reading -March 5,1996 2nd Reading -May 7,1996 READ AND APPROVED AS TO FORM ^r^/C ^//^ CITY ATTORNEY 2nd ReadingMay 7,1996 APPROVED: -^L*i£c*^_r6ry-iL^^L> VICE MAYOR c:\ear\concurnz.ord COMMISSION VOTE:4-0 Mayor Cunningham: ViceMayor Robaina: Commissioner Price: Commissioner Bethel: Commissioner Young: Not Present Yea Yea Yea Yea Concurrency Revision Ordinance Page #8 CITY OF SOUTH MIAMI INTER-OFFICE MEMORANDUM To:Mayor andCity Commission Fonfr Eddie Cox CityManager Date:April23,1996 Agenda Item #/« Re:Comm.Mtg.05/07/96 ConcurrencySystemChanges REQUEST: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI,FLORIDA RELATING TO THE AMENDMENT OF THE CONCURRENCY PROVISIONS OF SUB-SECTION 20-4.1 IN THE LAND DEVELOPMENT CODE BY PROVIDING A NEW SUB-SECTION 20-4.1;PROVIDING FOR SEVERABILITY;PROVIDING FOR ORDINANCES IN CONFLICT;AND PROVIDING AN EFFECTIVE DATE. BACKGROUND &ANALYSIS: Concurrency evaluations and determinations are required for the approval of new development and redevelopment.The City Administration desires to revise and codify City of South Miami's Concurrency Management System Policy as part of the Land Development Code. Please,find attachedanordinanceforsecondreadingtocodifythe Concurrency Management System as part of concurrency regulations in the Land Development Code.A comprehensive report prepared by Planner Slaven Kobola is attached which analyzes the work performed by the City's previous planning consulting firm.The firm's original recommendation is also attached. The Planning Board voted6:0to recommend approval ofthe ordinance as presented. RECOMMENDATION:Approval. Attachments: Chapter 163.3180,Florida Statutes Rule 9J-5.0055,Florida Administrative Code Report by Planner Slaven Kobola Report by Robert K.Swarthout,Inc. Excerpted Planning Board Minutes f 1 »~*f CHAPTER 163.3180,FLORIDA STATUTES /** 163.3180 Concurrency.—T (1 )(a)Roads,"sanitary sewer,solid waste,drainage potable water,parks and recreation,and mass transit' where applicable,are the only public facilities and ser vices subjecttothe concurrency requirement onastate wide basis.Additional public facilities and services may not be made subject to concurrency on a statewide basis without appropriate study and approval by the Legislature:however,any local government may extend the concurrency requirement so that it applies to addi tional public facilities within its jurisdiction. (b)If a local government electstoextendthe concurrency requirementtopublicschools,itshould first conduct a study to determine how the requirement would be met and shared by all affected parties The • local government shall provide an opportunity for full participation in this studybythe school board.The state and planning agency may provide technical assistance to local governments that study and prepare for exten sion of the concurrency requirement to public schools When establishing concurrency requirements for public schools,a local government shall comply with the follow ing criteria for any proposed plan or plan amendment transmitted pursuant to s.163.3184(3)after July 1 1995- 1.Adopt level-of-service standards for public schools with the agreement of the school board.Public school level-of-service standards shall be adopted as part of the capital improvements element in the local government comprehensive plan,which shall contain a financially feasible public school capital facilities pro gram established in conjunction with the school board hat will provide educational facilities at an adequate evel of service necessary to implement the adopted local government comprehensive plan. 2 Satisfy the requirement for intergovernmental coordination set forth in s.163.3177(6)(h)2. (2)(a)Consistent with public health and safety sani tary sewer,solid waste,drainage,and potable water facilities shall be in place and available to serve new development no later than the issuance by the local gov ernment ofa certificate of occupancy or its functional equivalent. (b)Consistent with the public welfare,and except as otherwise provided in this section,parks and recre- a ion facilities to serve new development shall be in pace or under actual construction no later than 1 year after issuance by the local government ofa certificate of occupancy or its functional equivalent.However the acreage for such facilities shall be dedicated or be acquired by the local government prior to issuance by he local government of a certificate of occupancy or its functional equivalent,or funds in the amount of the developer's fair share shall be committed prior to issu ance by the local government ofa certificate of occu pancyoritsfunctional equivalent. (c)Consistent with the public welfare,and except as otherwise provided in this section,transportation facilities needed to serve new development shall be in place or under actual construction no more than 3 years after issuance by the local government of a certificate of occupancy or its functional equivalent. t (3)Governmental entities that are not responsible •or providing,financing,operating,or regulating public facilities neededtoserve development may not estab lish binding level-of-service standards on governmental entities thatdobear those responsibilities.This subsec tion doesnot limit the authority ofanyagencyto recom mend or make objections,recommendations,com ments,or determinations during reviews conducted under s.163.3184. (4)Theconcurrency requirement as implemented in local comprehensive plansappliesto state andother public facilities and development tothesame extent thatit applies to all other facilities and development,as provided by law. (5)(a)TheLegislaturefindsthatunder limited cir cumstances dealingwith transportation facilities,coun tervailing planning and public policy goals may come into conflict with the requirement that adequate public facilities andservicesbe available concurrentwiththe impacts of such development.The Legislature further finds that often the unintended result of the concurrency requirement for transportation facilities isthediscour agementof urban infill development and redevelop ment.Suchunintendedresults directly conflict with the goals and policies ofthestate comprehensive plan and theintentofthis part.Therefore,exceptions from the concurrency requirement for transportation facilities maybegrantedasprovidedbythis subsection. (b)A local government may grant an exception from the concurrency requirement for transportation facilities ifthe proposed development isotherwise consistent with the adopted local government comprehensive plan andisa project thatpromotes public transportation or is located within an area designated in the comprehen sive planfor: 1.Urban infill development, 2.Urban redevelopment,or 3.Downtown revitalization. (c)The Legislature also finds that developments located within urban infill,urban redevelopment,exist ing urban service,or downtown revitalization areas which pose only special part-time demands onthe transportation system shouldbe excepted from the concurrency requirement for transportation facilities.A special part-time demand is one that does not have morethan200scheduled events during any calendar yearand does notaffectthe100highest traffic volume hours. (d)A local government shall establish guidelines for granting theexceptions authorized in paragraphs (b) and (c)in thecomprehensive plan.These guidelines must include consideration ofthe impacts onthe Florida IntrastateHighway System,as defined ins.338.001.The exceptionsmaybe available only within thespecific geographicareaofthe jurisdiction designatedinthe plan.Pursuant tos.163.3184,anyaffected person may challenge a plan amendment establishing these guide linesandtheareaswithinwhichanexceptioncouldbe granted. (6)The Legislature findsthatade minimis impact that,alone orin combination with other similar or lesser impacts,will not cause significantdegradationofthe existinglevelofserviceona transportation facility is consistent withthispart.A de minimis impact is one that would not affect more than 0.1 percent ofthe maximum n volume ai theadopted le^el-of-s^rvice standard ofthe affected transportation facility as determined by the '' local government,and that iscausedbyan increase in densityorintensitythatislessthanorequaltotwicethe densityorintensityoftheexisting land use or,inthe case of vacant land,is a density of less than 1 dwelling unit perquarteracreora floor area ratio of 0.1 for nonres idential uses.Local governments are encouraged to adopt methodologies to encourage de minimis impacts on transportation facilities within an existing urban ser vice area,whenthoseimpacts will not in combination exceed a significant degradation threshold of3 percent ofthemaximumvolumeattheadoptedlevel-of-service standard ofthe affected transportation facility based on the adopted level-of-service standard. (7)In order to promote infill development and rede velopment,one or more transportation concurrency management areas may be designated in a local gov ernment comprehensive plan.Atransportation concurrency management area mustbea compact geo graphic area with an existing network of roads where multiple,viable alternative travel pathsormodes are available for common trips.A local government may establishanareawide level-of-service standard for such a transportation concurrency management area based upon an analysis that provides for a justification for the areawide level ofservice,how urban infill devel opmentor redevelopment will bepromoted,andhow mobility will be accomplished within the transportation concurrency management area.Thestate land planning agencyshall amend chapter 9J-5,F.A.C,tobe consist ent with this subsection. (8)When assessing the transportation impacts of proposed urban redevelopment withinan established existing urban service area,110 percentofthe actual transportation impact caused bythe previously existing development must be reserved for the redevelopment, evenifthe previously existingdevelopmenthasalesser or nonexisting impact pursuanttothecalculationsofthe local government.Redevelopment requiring less than 110 percent ofthe previously existing capacity shall not be prohibited duetothe reduction of transportation lev elsofservicebelowthe adopted standards.Thisdoes not preclude the appropriate assessment of fees or accounting for the impacts within the concurrency man agement system and capital improvements program of the affected local government.This paragraph doesnot affect local government requirements for appropriate development permits. (9)(a)Each local government may adopt asa part of its plan a long-term transportation concurrency man agement system witha planning periodofupto10years for specially designated districts where significant back logsexist.Theplanmayincludeinterim level-of-service standardsoncertain facilities andmay rely onthe local government'sscheduleof capital improvements for up to 10 years asabasis for issuing development permits in these districts.It mustbe designed to correct existing deficiencies andset priorities for addressing back- logged facilities.It mustbe financially feasibleand consistentwithother portions oftheadopted local plan, including the futureland use map. /b)If a local government hasa transportation back log for existing development which cannot be*ade- quately addressed in a 10-year plan,the state land plan ning agency may allow itto develop a plan ofupto 15 years for good and sufficient cause,based on a general comparison betweenthat local government and all other similarly situated local jurisdictions,using the following factors: 1.Theextentofthe backlog. 2.Whether the backlog ison local or state roads. 3.The cost of eliminating the backlog. 4.The local government'staxandotherrevenue- raising efforts. (10)With regard to facilities onthe Florida Intrastate Highway System as defined in s.338.001,local govern ments shall adoptthe level-of-service standardestab lished by the Department of Transportation by rule.For all other roads on the State Highway System,local gov ernments shall establishanadequate level-of-service standard that need not be consistent with any level-of- service standard established bythe Department of Transportation. (11)In order to limit the liability of local governments, a local government may allow a landowner to proceed with development ofaspecific parcel of land notwith standing a failure ofthe development to satisfy transpor tation concurrency,when all the following factors are shown to exist: (a)The local government with jurisdiction overthe property has adopted a local comprehensive plan that isin compliance. (b)Theproposeddevelopment would beconsistent with the future land use designation for the specific property and with pertinent portions oftheadopted local plan,as determined bythe local government. (c)The local plan includes a financially feasible capi tal improvements element that provides for transporta tion facilities adequate to serve the proposed develop ment,andthe local governmenthasnot implemented that element. (d)The local government has provided a means by whichthelandowner will be assessed a fair shareofthe costof providing the transportation facilities necessary toservetheproposed development. (e)The landowner hasmadea binding commitment tothe local governmenttopaythe fair shareofthecost of providing the transportation facilities to serve the pro posed development. History.—s.8.ch.93-206:s.12.ch.95-341. H RULE 9J-5.0055 1\ RULE 93-5 d.A new existing traific circulauon map;and c A summary ofthe condition and quality ofail natu ral resources. 3.Comparison of the Plans Adopted Objectives with Actual Resuits.which shall include comparison of the objec tives,including specific and measurable targets,to the actual resuits and conditions.Determine whether the objective was achieved. 4.Major Problems of Development.Physical Deterio ration.Location ofLandusesandthe Social and Economic EffectsoftheMajorProblemsIdentified a.The accuracy and use of the population projections: b.Actual vs.anticipated rate of development; c.The effect of concurrency requirements: d.The maintenance and/or achievement of adequate Level of Service Standards: e.Coordinating with development the provision ofpub lic facilities and services: f.The actual vs.projected revenues and expenditures regarding capital improvements; g.The generation and status of new revenue sources; h.Physical deterioration of public buildings,utilities. infrastructure,recreation facilities,and parks,and the need forreplacementor rehabilitation; i.Physical deterioration of buildings and structures in the commercial and industrial land use categories; j.Physical deterioration of the housing stock,includ ing mobile homes; k.The location of development with regard to existing infrastructure: 1.The location of development in relation to where de velopment was anticipated in the adopted plan,such as within areas designated for urban growth; m.The location of development in relation toitscom patibility with safety and evacuation in coastal high hazard areas: n.The location of development in relation tothemain tenance of environmentally sensitive areas:and 0.The social and economic effects of the major prob lems previously identified by providing a description of the effects. 5.Unanticipated and Unforeseen Problems and Oppor- tunities Which Occurred Since Adoption,which shall include adescription of the unforeseen problems and/or opportunities and their impact onthe comprehensive plan. 6.Effect onthe Local Comprehensive Plan The report shall assess the consistency ofthe comprehen sive plan with: a.Changes to State Comprehensive Plan since 1985; b.Changes to appropriate strategic regional policy plan: c.ChangestoRule9J-5.F.A.C;and d.ChangestoChapter 163.PanII.F.S. 1.Identification of Any NeededActionstoAddressthe Planning Issues Raised inthe Report a.New.revised,minimum 5-year and minimum 10-year timeframes and population projections: b.New and revised goals,objectives and policies; c.Revised future conditionsmaps: d.Newcapital improvements element: e.Other actions,such as monitoring and evaiuauon pro cedures:and f.Studiestobecompleted. 8.Identification of Proposed orAnticipated Plan AmendmentstoAddressorImplementthe Identified Chanecs a.Identify proposed or anticipated plan amendments, and b.Provide a schedule for transmittal and adoption of the plan amendments identified inthe previous section. 9.The Public Participation Process,which shall include a description ofthe public participation process used inthe preparation of thereport. SPECIFIC AUTHORITY:120.535.163.3177(9),163.3187(5).163.3191(8) 163.3191(10).F.S LAWIMPLEMENTED:163.3187(5).163.3191.F.S. HISTORY -New 3-23-94.Amended 5-18-94. 9J-5.0055 Concurrency Management System. The purpose of the concurrency management system is to establish an ongoing mechanism which ensures that public facilities and services needed to support development are avail able concurrent withthe impacts of such development. (1)GENERAL REQUIREMENTS.Each local govern ment shall adopt,as a component ofthe comprehensive plan, objectives,policiesandstandardsfortheestablishment of a concurrency managementsystem.The concurrency manage mentsystem will ensurethatissuance ofa development order or development permit is conditioned upon the availability of public facilities and services necessary to serve new develop ment consistent withthe provisions of Chapter 163,Pan II, F.S..and this Rule.The concurrency management system shall include: (a)Arequirementthatthelocalgovernmentshallmain tain the adopted level of service standards for roads,sanitary sewer,solid waste,drainage,potable water,parks and recre ation,andmass transit if applicable. (b)A requirement thatthe local government Capital Im provementsElement,asprovidedbySection 9J-5.016 of this Chapter,shallset forth a financially feasible plan whichdem onstratesthattheadoptedlevel of servicestandardswillbe achieved and maintained. (c)Asystemformonitoringandensuring adherence to the adopted level of service standards,the schedule of capital improvements,and the availability of public facility capacity. (d)Guidelines for interpreting and applying levelofser vice standards to applications fordevelopment orders andde velopment permitsand determining whenthetestfor concurrencymustbe met Thelatestpointinthe application process for thedetermination of concurrency is prior tothe approval ofan application fora development order or permit which contains aspecificplanfordevelopment including the densitiesandintensities of development. (e)Arequirementthatthelocalgovernmentshalladopt landdevelopment regulations whichspecifyandimplement provisions of theconcurrencymanagementsystemand.asa minimum,provideaprogramthatensuresthatdevelopment 16 il RULE 9J-5 orders and development permits are issued ina manner that will not result in a reducuon in the levels of service below the adopted level of service standards for the affected facility (2)LEVELOFSERVICE STANDARDS (a)For the purpose of the issuance of development or ders and development permits,local governments must adopt levei of service standards for public facilities and services lo cated within the area for which such local government has authority to issue development orders and development per mits.For the purposes of concurrency,public facilities and services include the following for which level of service stan dards must be adopted under Chapter 9J-5,F.A.C: 1.Roads,Rule 9J-5.007(3)(c)l. 2.Sanitary sewer.Rule 9J-5.011 (2)(c)2.a. 3.Solid waste.Rule 9J-5.01 l(2)(c)2.b. 4.Drainage,Rule 9J-5.011 (2)(c)2.c. 5.Potable water.Rule 9J-5.011(2)(c)2.d. 6.Parks and Recreation,Rule 9J-5.014(3)(c)4. 7.Mass transit Rule 9J-5.008(3)(c)l.,if applicable. 8.Roads and public transit Rule 9J-5.019(4)(c)1. (b)A local government atits option,mav make addi tional public facilities and services subject to the concurrency management system.Levei of service standards of suchaddi tional facilities must be adopted in the local government com prehensive plan.Ifa local government desires to extend the concurrency requirement to public schools,it should first com plete a study to determine how the concurrency requirement is to be addressed and implemented by the local government school board and all other parties responsible for school fa cilities.(Section 163.3180(1),F.S.J (c)For facilities on the Florida Intrastate Highway Sys tem as defined ins 338.001 F.S.,the local governments'shall adopt the level ofservice standards established by the Depart ment ofTransportation by rule.For other roads local govern ments shall adopt adequate level of service standards.These level of service standards shall be adopted to ensure that ad equate facility capacity will be provided to serve the existing and future land uses as demonstrated by the supporting data and analysis inthe comprehensive plan.fSection 163.3180(10).F.S.] (d)A local government may desire to have a tiered,two- level approach for the level of service standard.To utilize a tiered approach,the local government must adopt an initial level ofservice standard as a policy to be utilized for the pur pose of the issuance of development orders and development permits.A second policy may be included which adopts a higher level of service standard bya date certain to be utilized for the purpose ofthe issuance ofdevelopment orders and per mits.The specific date for this second policy to become effec tive must be included in the plan.The plan must set forth the specific actions and programs for attaining the higher level of service by the specified date.Ifthe identified actions and programs are not attained bythe specified date,the local gov ernment comprehensive plan must be amended to specify the level of service standard that will be utilized and be binding for the purpose ofthe issuance ofdevelopment orders and per mits. 17 (3)MINIMUM REQUIREMENTS FOR CONCUR RENCY.Even-jurisdiction shall maintain aconcurrency man agementsystemtoensurethatpublicfacilitiesandservicesto suppon developmentareavailable concurrent withtheim pact of development,consistent with the provisions of this Chapter. (a)For sanitary sewer,solid waste,drainage,and po table water facilities,at a minimum,a local government shall meet the following standards to satisfy the concurrency re quirements: .1.A development order or permit is issued subject to the condition that at the time of the issuance ofa certificate of occupancy orits functional equivalentthenecessarv facilities and services are in place andavailable toserve the new devel opment:or 2.At the time the development order or permit is is sued,the necessary facilities and services are guaranteed in an enforceable development agreement pursuant to Section 163.3220,F.S..or an agreement or development order issued pursuant to Chapter 380,F.S..tobein place and available to servenewdevelopmentatthetime of the issuance ofacertifi cate of occupancy orits functional equivalent.[Section 163.3180(2)(a),F.S.] (b)For parks and recreation facilities,ata minimum,a local government shall meet the following standards to satisfy the concurrency requirement: 1.At the time the development order or permit is is sued,the necessary facilities and services are in place or un deractual construction;or 2.A development order or permit is issued subject to the condition thatatthetime ofthe issuance ofa certificate of occupancy orits functional equivalent,theacreage for thenec essary facilities and services to serve the new development is dedicated oracquired bythe local government or fluids inthe amountofthedeveloper'sfairsharearecommitted;and a.A development order or permit is issued subject to the conditions thatthe necessary facilities and services needed to serve thenew development are scheduled tobein place or under actual construction not more than one year after issu ance ofa certificate of occupancy orits functional equivalent as provided inthe adopted local government 5-year schedule of capitalimprovements;or b.Atthetimethe development order or permit isis sued,the necessary facilities and services are the subject ofa binding executed agreement which requires the necessary fa cilities and services to serve the new development to be in place or under actual construction not more than one year after issuance ofa certificate of occupancy orits functional equivalent;or c.Atthetimethedevelopmentorderorpermitisis sued,the necessary facilities and services are guaranteed in an enforceable developmentagreement pursuant to Section 163.3220,F.S..oranagreementordevelopmentorderissued pursuanttoChapter 380.F.S.,tobeinplaceorunder actual constructionnotmorethanoneyearafterissuance ofacertifi cateofoccupancyoritsfunctionalequivalent.[Section 163.3180(2)0)),F.S.) ft RULE 9J-5 io For transportation facilities (roads and mass transit designated in the adopted local government comprehensive piani.ata minimum,a local government shall meet the fol lowing standards to satisfy the concurrency requirement,ex ceptas otherwise providedin subsections (4)-(7)ofthisSec tion. iAt the time a development order or permit is issued. the necessary facilities and services are in place or under con struction;or 2.A development order or pennit 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 issu ance ofa certificate of occupancy or its functional equivalent as provided inthe adopted local government five-vear sched ule ofcapital improvements.The schedule ofcapital improve ments may recognize and include transportation projects in cluded in the first three years ofthe applicable,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 con struction 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 schedule of capital improvements;or 3.At the time a development order or permit is issued, the necessary facilities and services are the subject ofa bind ing executed agreement which requires the necessary facili ties and services to serve the new development to be in place or under actual construction no more than three years after the issuance ofa certificate of occupancy or its functional equivalent:or 4.At the time a development order or permit is issued, the necessary facilities and services are guaranteed in an en forceable development agreement,pursuant to Section 163.3220.F.S..or an agreement or development order issued pursuant to Chapter 380,F.S.,tobein place or under actual construction not more than three years after issuance ofacer tificate of occupancy or its functional equivalent [Section 163.3180(2)(c),F.S.J 5.For the purpose of issuing a development order or permit a proposed urban redevelopment project located within a defined and mapped Existing Urban Service Area as estab lished in the local government comprehensive plan pursuant to Section 163.3164(29),F.S.,shall not be subject to the concurrency requirements ofRule 9J-5.0055(3)(c)l.-4.ofthis Chapter for up to 110 percent of the transportation impact generated by the previously existing development.For the purposes of this provision,a previously existing development is the actual previous built use which was occupied and active within a time period established in the local government com prehensive plan.[Section 163.3180(8),F.S-l 6.For the purpose ofissuinga development order or permit,a proposed developmentmaybedeemedtohaveade minimis impact and may not be subject to the concurrency requirements of Rules 9J-5.0055(3)(c)l.-4.of this Chapter, only if allofthe following conditions are met: a.The development proposal is for an increase in den sity or intensity of less than or equal to twice the density or intensity ofthe existing development or for the development ofa vacant parcel of land,at a residential density of less than four dwelling units per acre or,for nonresidential 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 evenif smaller than one quarter acre in size. b.The transportation impact of the proposed develop ment alone does not exceed 0.1 percent ofthe maximum ser vice volume at the adopted level of service standard for the peak hour of the affected transportation facility. c.The cumulative total transportation impact from the de minimus exemptions does not exceed three percent of the maximum service volume atthe adopted level of service stan dard of the affected transportation facility if the facility does notmeetthe minimum levei of servicestandard. d.The local government has adopted within it's com prehensive plan policies for granting such exemptions.[Sec tion 163.3180(6),F.S.l (4)LONG TERM TRANSPORTATION CONCUR RENCY MANAGEMENT SYSTEMS.To correct existing deficiencies in transportation facilities and to set priorities for reducing the backlog on transportation facilities,local gov ernments are authorized toadoptasa part ofthe comprehen sive plan,a long-term transportation concurrency manage ment system witha planning period ofupto 10 years that meetsthefollowing requirements: (a)To implement a long-term transportation concurrency management system,a local government must designate in the comprehensive plan specific areas where significant back logs presently exist.These areas mustbe delineated onan adopted comprehensive plan mapandmustbe consistent with other elements of the comprehensive plan including the fu turelandusemap. (b)The long term concurrency management system must be a financially feasible system to ensure that existing defi ciencies are corrected within the 10 year period and establish priorities for addressing backlogged facilities.This may be accomplished by adopting a long-term schedule of capital improvements for transportation facilities for up to 10 years for the special concurrency districts or areas.The long-term schedule of capital improvements must include the transpor tation facilities required to correct existingdeficiencies aswell asto accommodate newdevelopmentandshall provide are alistic,financially feasible funding system based on currently available revenue sources whichmustbe adequate to fund the scheduled improvements.Theschedulemustalsoincludethe estimated date of commencement of actualconstructionand the estimated date of project completion.This schedule may be relied onasa basis for issuing development permits which meetconcurrency requirements inlieu ofthe provision of Rule 18 it REPORT BY PLANNER SLAVEN KOBOLA ft LAND DEVELOPMENT CODE AMENDMENT INCORPORATION OF CONCURRENCY MANAGEMENT REGULATIONS As proposed by Robert K.Swarthout,Incorporated (RKSI),the proposed changes shall replace existing Section 20-4.1,Article IV,Adequate Public Facilities and Services,inits entirety. The City's changes are indicated:deletions in overstriken and additions in underlined font; notesandcommentsinitalic font.Thechangesare introduced primarilyfor the reasonto matchtheCity'swiththeCounty'sLOSesandprocedures. 20-4.1 ADEQUATE PUBLIC FACILITIES AND SERVICES (A)PURPOSE No development permit andno Certificate of Use and Occupancy (CO)shall be issued wherelevelsofservice(LOS)forallpublicservicesandfacilitieswillnotmeetor exceed LOS Standards orwheretheissuance of the development permit and/or CO would result ina reduction inthelevel of service forany service or facility below LOS Standards. Delete RKSI's text in entirety and replace with the above,as modified from Metro- Dade County Service Concurrency Management Program (MDCMP),Chapter 33G. The above definition excludes the need for the Certificate of Concurrency asa document =the Department will either approve or disapprove the development applicationonabasis of concurrency. (B)LEVEL OF SERVICE STANDARDS (1)Streets A.South Dixie Highway (U.S.1): Until December 31,1995,the peak hour LOS standard shall be 115 percent of the peak traffic count in 1989.After December 31,1995,the peak hour LOS standard shallbe150percentof "D"capacity. B.Bird Road (S.W.40th Street): The peak hour LOS standard shall be 120 percent of "E"capacity. C.All Other Principal and Minor Arterials (Sunset Drive,S.W.48th Street,and Red Road): The peak hour LOS standard for Principal and Minor Arterials shall be "F" capacity. D.Miller Drive (S.W.56th Street): The peak hour LOS standard shall be 115 percent of the 1989 peak hour Changes to Concurrency Management System (CMS)for the City of South Miami,as proposed by Robert K.Swarthout,Inc.,page 1 ft volume. E.All Other Collectors (S.W.62nd Avenue and Ludlam Road): The peak hour LOS standard shallbe"E"capacity. F.DRI Exception: The Citywillnotissueanynew construction permitwhichwouldhavethe effect of lowering theLOSbelowthelevels specified above unlesssuch permitsareissuedpursuanttoaDevelopment of Regional Impact (DRI) approval granted priortoJanuary 18,1989.See in A3fordetails. Nochanges:theCity understands thatthese requirements havebeendefinedby DCA andassuchhavetobefollowed,regardlessthattheydonot match LOS standards as defined in MDCMP. (2)Sewage A.Thedisposalsystemsshalloperatewithadesigncapacityofnolessthan2 percent above averagedailyflowforthe preceding year. R The County system shall maintain the capacity to collect and dispose of 100 gallons of sewage percapitaper day. C Fortheunseweredproperties.LOSshallbeMetro-DadeHealthdepartment septic tank permit. Delete RKSI's textin entirety and replace with theaboveas modified from MDCMP (A andB)and RKSI (C).The above definition doesnot regulate wastewater treatment plants standards -these remain County's issues. (3)Water Ai Thewatersystemshalloperatewitharatedcapacityofnolessthan2percent above the maximum daily flow for the preceding year. R Watershallbedeliveredtousersata pressure nolessthan20poundsper square inch (psi)andno greater than 100 psi.Unless otherwise approved bv the Metro-Dade Fire Department,minimum fire flows shall be maintained as follows: Land Use Minimum Fire Flow (gpm) SF Residential (Estate Density)500 SF Residential and Duplex -lots7.500sf ininimum 750 Multi-family Residential &Semiprofessional Offices L500 Hospitals.Schools 2.000 Business.Intensive Uses 3.000 C The system shallmaintainthecapacitytodeliver200gallonspercapitaper day. Changes to Concurrency Management System (CMS)for the City of South Miami,as proposed by Robert K.Swarthout,Inc.,page 2 11 Delete RKSI'stextin entirety and replace withthe above as modified from MDCMP.The above definitiondoesnotinclude MDCMP's sections CandD which regulate water quality and storage capacity -theseremainCounty's issues. (4)Drainage Any development shalladequately accommodate runoff froma24hour,1in10 year frequency storm. Nochanges.However,itistodiscusswhytheCity's would require amore stringent standard of accommodating runoff from a24hour,1in10 year frequency storm thanCounty's1in5year. (5)Solid Waste TheCountysolidwastedisposalsystemshallmaintaina rninimum offive yearsofcapacity.Forplanningpurposes,agenerationrateof7poundsper person per calendar dayshallbeused. Nochanges.Matches theCounty'sLOS. (6)Recreation Thepublic(CityandSchoolBoard)parklandwithintheCityshallequalat least4acresper1,000 population.ThisshallincludetheSchoolBoard recreationallandspecifiedinComprehensivePlan,Table6-2. Nochanges.However,itistodiscusswhytheCity'swouldrequireamore stringent standard of 4acresper1,000populationthanCounty's2.75acres per 1,000.The County's 3.5miledistanceruleactuallywouldnotapply because the size of theCity. (C)CONCURRENCY REVIEW PROCEDURES (1)Development Subject to Adequacy Determination A.New Development (i)State requirements:Chapter 9J-5FACrequiresthatno Certificate of Occupancy shall beissuedifitwouldcausea reduction inan adopted level of service(Staterequirement).Theconcurrency management systemapplication of this is as follows. (ii)Finalconcurrency:Eventhoughconcurrencydoc3nothavetobeachieved untilissuanceoftheCertificateofOccupancy,thelevelofservicestandard facilitycapacitywillbocalculated,aCertificateof Concurrency issuedandthe facilitycapacityreservedatthetimeofapprovalofasiteplan,PlannedUnit Development,preliminarysinglefamilysubdivisionplatofsixlotsormore, enforceable development agreement(asprovidedforin Chapter 163.3220FS), Changes to Concurrency Management System (CMS)for the City of South Miami,as proposed by Robert K.Swarthout,Inc.,page 3 ft or if none of theabove ar the exemptions below apply,building permit.—This isin conformance with9J 5.0055 FACa whichrequiresthatfinalcConcurrency determinations shallbemadein conjunction withtheearliest development approvalwhichinvolves"aspecificplanfordevelopment,includingdensities andintensities of development."Eventhoughconcurrencydoesnothavetobe achieved untilissuance of theCertificate of Occupancy,the level of service standardfacilitycapacitywillbecalculated,andthefacilitycapacityreserved atthetime of approval of asiteplan.Planned Unit Development,preliminary single-family subdivisionplat of sixlotsor more,enforceabledevelopment agreement(asprovidedforin Chapter 163.3220 FS).or if none of the above, buildingpermit.(9J-5.0055 FAC).Sec 3below for exemptions of the above. (iii)Preliminary concurrency:However,o Either theCityorthe applicant may requesta preliminary concurrency reviewatan earlier developmentpermit stage,includingrezonings,othertypes of subdivisions,special usesa or variances.Suchareviewmayalsoberequestedforfuturelandusemap (Comprehensive Plan)amendments or annexations.If the detailed densities, intensities and specific uses are reviewed for preliminary concurrency and do not change atthetimeof final concurrency,another full review isnot required. B.Building Addition orChange of Use h Building Addition:Any addition which increases the floor area by 5,000 square feet or more,or otherwise increases public facility usagea shall be subject to concurrency review prior to granting the Certificate of Use_and Occupancy (CO)under Section 29-5-15 ofthe Land Development Code.Only the incremental increase in facility capacity usage overthe existing usage will be assessed for concurrency. ChecktheSectionnumber -notintheLandDevelopmentCode,October 25, 1989. C Change of Use &Change of Use:Any basic change of use which increases the required parking by25 spaces shall be subject to the some lcind of review described in "a" above,concurrency review prior to granting the Certificate of Use_and Occupancy (CO)under Section 29-5-15 of the Land Development Code.Only the incremental increase in facility capacity usage overthe existing usage will be assessed for concurrency. ChecktheSection number -notintheLandDevelopment Code,October25, 1989. (e4D.Exempt Projects (i)Building use change:Any Certificate of Use application for a change of building use which (based on an administrative checklist)clearly causes no increase in public facility usage due to similarities ofthe uses,or causes a reduction in all facility usages,and does not:however,as described in III A2 above,any change of use resulting in an increase m the required parking in Changes to Concurrency Management System (CMS)for the City of South Miami,as proposed by Robert K.Swarthout,Inc.,page 4 ft excess of 25 places shallrequirea concurrency review. (ii)Bakery Center DRI Delete in entirety. (&}South Miami Hospital PUD Delete inentirety. (iv}Hou3C3:Anysinglefamilydetachedortwofamilydwellingonapreviously platted lot. M(iii)Public uses:Development which isa public or government facility which the City Commission finds is essential to the healthorsafetyoftheCity residents. (iv)Note:Otherthanany recently approved site plan3,theonlyotherp Projects considered vested or "committed"and/or is the Davis Gardens PUD which is exempt under "iv"above.Sec Table intheVII database.Most site plans approved a&ef before October 26,1989 (Land development Code adoption)^ any,have cither been constructed or expired because a building permit must be obtainedwithin12 months.Only ifandwhenthe Mandcl3tam PUD is ultimately approved asa result ofthe current litigation will it become vested. (2)Measurement of Level of Service (LOS)capacities Measurement and evaluation of Level of Service (LOS)shall follow the regulations provided by Metro-Dade County Service Concurrency Management Program (MDCMP),Chapter 33G. Delete RKSI's text in entirety and replace with the above.This provides that the City willuse the procedures defined by the Metro-Dade County Service Concurrency Management Program (MDCMP),Chapter 33G.If applicable, the City willuse the computerized concurrency management analysis,as provided by RKSI. (3)Determination of Concurrency For purposes of these regulations,tThe capacity availability shallbe determined bythe following approach which is based upon 9J-5.0055 FAC: A,ADDING TOGETHER (i)Thetotal design capacity of existing facilities operating atthe required level of service;asd (ii)Thetotaldesign capacity of new facilities thatwillbecome available concurrent withthe impact ofthe development and/or change of use.The capacity ofnew facilities may be counted onlyifoneormoreofthe following can be demonstrated: (a)For water,sewage,solidwasteanddrainage: L,Thenecessary facilities areinplaceatthetimeaconcurrencyis Changes to Concurrency Management System (CMS)for the City of South Miami,as proposed by Robert K.Swarthout,Inc.,page 5 ft determined;of 2.Such approval is issued subject tothe condition thatthe necessary facilities willbeinplacewhentheimpacts of development occur;e* 3i Construction of thenew facilities isunderwayatthetime of Certificate of Occupancy approval;of 4.Thenew facilities are guaranteed ataspecifictimeinanenforceable development agreement.An enforceable development agreement may include,butisnotlimitedto,developmentagreements pursuant to Section 163.3220,FS,oran agreement ordevelopment order pursuant toChapter380,FS (theDevelopment of RegionalImpact authorization). (b)For recreation: L.Paragraphs ac above.Thenecessaryfacilitiesareinplaceatthetimea concurrency is determined: 2.Suchapprovalisissuedsubjecttothe condition thatthenecessary facilitieswillbeinplacewhentheimpacts of development occur:of 3.Construction of the new facilities is under way at the time of Certificate of Occupancy approval: £,Thenew facilities arethesubject of bindingexecutedcontractforthe construction of facilitiestobe completed within oneyear of the time the CO is issued;of 5i A development agreementas outlined in(iv)above Section 163.3220, FS,oranagreementor development orderpursuanttoChapter380,FS (the Development of RegionalImpactauthorization),butwith construction to begin within oneyear of CO. (c)For traffic: L Thenewfacilitieshavebeenincludedinafinanciallyfeasiblefive-year capital improvement programandconstructionis scheduled forthethird year orearlier;of 2L Paragraphs acunder recreation directlyaboveexceptthatthe compliance periodisthreeyears.The necessary facilitiesareinplaceat the time a concurrency is determined: 3^Suchapprovalisissuedsubjecttothe condition thatthenecessary facilitieswillbeinplacewhentheimpacts of development occur:eF ^Construction of the new facilities is under way at the time of Certificate of Occupancy approval: 5.The new facilities are the subject of binding executed contract for the construction of facilitiestobe completed within threeyears of the time the CO is issued: 6i A development agreementas outlined in Section 163.3220.FS.oran agreement or development orderpursuanttoChapter380.FS(the Changes to Concurrency Management System (CMS)for the City of South Miami,as proposed by Robert K.Swarthout,Inc.,page 6 ft Development of Regional Impact authorization),but with construction to begin within three years of CO. 7.TheCityCommissionhasgrantedanexceptionbaseduponthoseterms specified in Chapter 163,Florida Statutes and related Rules. B.SUBSTRACTING FROM THAT NUMBER THE SUM OF: (i)Thedemandfortheservicecreatedbyexistingdevelopment;and (ii)The demand forthe service (by phase or otherwise)thatwillbe created bythe anticipated completion ofother presently approved developments. (4)Calculation by Either City or Applicant Calculations maybe performed either bythe applicant orthe City.TheCity shall verifyall applicant calculations. (5)Concurrency Review Fee An applicant will be charged a concurrency review deposit of $200.This will be used to defry the cost ofthe determination of concurrency including any consulting fees.Any unused portion of the deposit shall bo returned to the applicant.If review costs exceed $200,the additional amount shall be paid by the applicant prior to receiving a Certificate of Concurrency development permit and/or CO.The deposit amount is defined in the City's Fee Schedule. The deposit shall not be returned =involves additional expense and time for theCity. (D)CONCURRENCY MONITORING SYSTEM (1)Responsibility The Director of Buildings aftd Zoning and Community Development shall be responsible for monitoring development activity to ensure that when concurrency reviews are made,data on all existing and committed development and its impact on facilities subject to level of service (LOS)standards has have been recorded.The requirements for an annual report arc outlined in the User's Manual. (2)Concurrency Rights Reservation andEffective Period A.Capacity Reservation:Even though concurrency does not have to be achieved until issuance ofthe Certificate of Occupancy,compliance willbe finally calculated,a Certificate of Concurrency issued confirmed,and capacity reserved atthetimeoffinalactionto approve asiteplan,Planned Unit Development,preliminary single-family or two-family subdivision plat, Changes to Concurrency Management System (CMS)for the City of South Miami,as proposed by Robert K.Swarthout,Inc.,page 7 ft buildingpermit(if neither asite plan or single-family subdivision plat is required)or enforceable development agreement.Applications for these development permits shall be chronologically logged upon approval to determine rights to available capacity. B.Reservation Period:A Certificate of Occupancyapplicationfora principal building mustbe submitted within24monthsofsite plan or plat approval to preserve the concurrency reservation for the project or phase specified in (a) above.Otherwise,the Certificate of Concurrency expires.Exceptinthe case ofsite plans,an extension ofsix months maybe issued bytheCity Manager (or designee thereof)if adequate extenuating circumstances are stated with the right to appeal this decision to the City Commission.In addition to the above requirements,the concurrency reservation for a PUD shall bo specified in the Phasing Report at the time of PUD approval ifthe project istobe phased* similarly,ifa site plan or plat i3 tobe phased,the concurrency phasing shall be specifiedatthetime of approval. C.Development Agreement:Development agreements as described in Chapter 163.3220,the "Florida Local Government Development Agreement Act"shall have a valid concurrency period notto exceed five (5)years oras extended by mutualconsent of theCityCommissionandthedeveloper. Changes to Concurrency Management System (CMS)for the City of South Miami,as proposed by Robert K.Swarthout,Inc.,page o ft REPORT BY ROBERT K SWARTHOUT,INC. ft September 1993 Reflects ELMS Bill Changes LAND DEVELOPMENT CODE AMENDMENT TO ACHIEVE A CONCURRENCY MANAGEMENT SYSTEM (CMS) City of South Miami The following shall replace existing Section 20-4.1 Article IV (Adequate Public Facilities and Services)in its entirety. 204.1 ADEQUATE PUBLIC FACILITIES AND SERVICES (A)PURPOSE No development permit application involving a specific plan for development (with densities or intensities)shall be approved unless a Certificate of Concurrency has been issued demonstrating that there willbe sufficient available public facility design capacity at the time of Certificate of Occupancy approval to sustain the levels of service (LOS)as established in the South Miami Comprehensive Plan. (B)LEVEL OF SERVICE STANDARDS The following levels of service shall apply: (1)Streets (a)Dixie Highway (U.S.1): Until December 31,1995,the peak hour LOS standard shall be115percentofthe peak hour traffic count in 1989. AfterDecember 31,1995,the peak hour LOS standard shall be150percentof "D" capacity. (b)Bird Road: The peak hour LOS standard shall be 120 percent of "E"capacity. (c)All Other Arterials (Sunset Drive,S.W.48th Street,and Red Road): The peak hour LOS standard for Principal and Minor Arterials shall be "F." (d)Miller Drive (S.W.56th St):* The peak hour LOS standard shall be115 percent of the 1989 peak hour volume. (e)All Other Collectors (62nd Ave.and Ludlum Rd.):* The peak hour LOS standard shall be "E." *A Comprehensive Plan amendment has been drafted to establish these LevelofService standards which conform to the final DCA-approved County LOS;all three are now designated LOS "C"in the Comprehensive Plan (see Issue Paper). 1/1 (f)DRI Exception: The City will not issue any new construction permit which would have the effect of lowering the LOS below the levels specified above unless such permits are issued pursuant toa Development of Regional Impact (DRI)approval granted prior to January 18,1989.See III A3 for details. (2)Sewage (a)Sewered Areas: The LOS shall be that the project flow plus the "maximum day flow"**of the preceding year shall not exceed 98 percent of the County treatment system's rated capacity.The County system shall maintain the capacity to collect and dispose of 100 gallons per capita per day.* (b)Unsewered Areas: The LOS shall be Metro-Dade County Health Department septic tank permit. (3)Water (a)Flow:The flowLOS shall be that the project flow plus the "maximum day flow"**of the preceding year shall not exceed98 percent of the County treatment system's rated capacity.The County system shall maintain the capacity to produce and deliver 200 gallons per capita per day.* (b)Pressure:The pressure LOS shall be at least 20 pounds per square inch at the property line. (c)Storage:The County-wide storage capacity shall equal no less than 15 percent of the County-wide average daily demand.* (4)Drainage Any development shall adequately accommodate runoff from a24 hour,1in10 year frequency storm. (5)Solid Waste The County solid waste disposal system shall maintain a minimum offive years of capacity.For planning purposes,a generation rate of7 pounds per person per calendar day shall be used.* (6)Recreation The public (City and School Board)park land within the City shall equal at least 4acres per 1,000 population.This shall include the School Board recreational land specified in Comprehensive Plan Table 6-2. *A Comprehensive Plan amendment is has been drafted to establish these LOS standards. **"Maximum day flow"is defined by Dade County tobe the average of the five highest daily flows. 77 (C)CONCURRENCY REVIEW PROCEDURES (1)Development Subject to Adequacy Determination (a)New development: i.State requirements:Chapter9J-5 FAC requires that no Certificate of Occupancyshallbe issued if it wouldcausea reduction inanadoptedlevel of service.The concurrency management system application of this isas follows. ii.Final concurrency:Even though concurrencydoes not have tobeachieved until issuance of the Certificate of Occupancy,the level of service standard compliancewillbecalculated,a Certificate of Concurrency issued and the facilitycapacityreserved at the time of approvalofa site plan,Planned Unit Development,preliminary single-family subdivision platofsixlots ormore,enforceable development agreement (asprovidedforin Chapter 163.3220 FS),or if noneof the aboveor the exemptions belowapply,building permit This isinconformance with 9J-5.0055 FAC whichrequires that finalconcurrency determinations bemadeinconjunction with theearliest development approvalwhich involves "aspecificplanfor development, including densities and intensities of development."See3belowfor exemptions to the above. iii.Preliminary concurrency:However,either the City or the applicant may request a preliminary concurrency review at an earlier development permit stage,includingrezonings,other types ofsubdivisions,specialuses or variances.Such a review may alsobe requested for future land use map (Comprehensive Plan)amendments or annexations.If the detailed densities,intensities andspecific uses are reviewed for preliminary concurrencyanddonotchangeat the time of final concurrency,another full review is not required. (b)Addition or Change of Use: i.Building Addition:Any building addition which increases the floorarea by 5,000 square feetormore,or otherwise increases public facility usage shallbesubjecttoconcurrency review priorto granting the Certificateof Use under Section 29-5-15 of the Land Development Code.Only the incremental increase in facility capacity usage over the existing usage will be assessed for concurrency. ii.Changeofuse:Any basicchange of use which increases the required parking by25spacesshallbe subject to the same kind ofreviewdescribedin "a"above. (c)Exempt Projects: i.Building use change:Any Certificate ofUse application forachangeof building use which (based on an administrative checklist)clearly causes no increase inpublicfacility usage due to the similarities of the uses ora reduction in allfacilityusages;however,as described in IIIA2above,any change of use resulting inan increase in the required parking inexcessof 25 spaces shall require a concurrency review. it i i.BakeryCentre DRI:Theunbuilt portion ofthe 1982 BakeryCentre Developmentof Regional Impactshallbe considered vested for concurrency purposes untilsuchtimeaseitherthe approved development orderexpiresoranalternative project developmentorder(site plan,PUD or DRI)is approved for the site.Thisvestingshall apply tothe project exactly as approved in 1982,butnot necessarily toany modification ofthat project. Furthermore,thisvesting applies for concurrency purposes onlyand adoptionofthis policy statementshallnotbedeemedtoconstitutea determinationonthevestingoftheproject perse by the CityofSouth Miami. iii.South Miami Hospital PUD:TheSouthMiami Hospital Planned Unit Development andany other PUD thatisnotpartofa DRI maybe partially or whollyvestedonly if the service core orothersupport facilities have previously been constructed toanextent and ina magnitude that can only be economically justifiedbyfurther development Nopreviously constructed facilities shallbe considered in support of an argument for vestingunlessthey were specifically designed to directly serve the specific facilities for which vesting protection is sought.No previously constructed facilitieswhicharetobedemolishedorotherwiseremovedtomakeway for newor additional development shallbe considered insupportofan argument for vesting under this section..The burden of proof shall be upon theapplicantto demonstrate this service core-floor areadesign relationship tothe satisfaction ofthe Director of Building and Zoning (Director). iv.Houses:Anysinglefamilydetachedortwofamilydwellingona previously platted lot. v.Public uses:Development which isa government facility which the City Commission findsisessentialto the health or safety of the Cityresidents. (d)Appeal Process: i.Vesting:Any applicant who claims vesting based upon expenditures made in reliance upon code provisions prior to October 26,1989 or other decision relative to whether ornotaprojectis subject toconcurrencyreview,may appealtotheCity Commission.Thevestedrights policy statementon page 1.39 ofthe 1989 Comprehensive Planshallbeusedasthe criteria. i i.,Other Appeals:Appeals ofanyother concurrency decision bythe Director of Buildingand Zoning shallbesubmittedtotheCity Manager.If aggrieved by that decision,anappealmaybemadeto the CityCommission. Note:Other than anyrecently approved siteplans,theonlyotherproject considered vested or "committed"is the Davis Gardens PUD which is exempt under "iv" above.See Table VII in the database.Mostsiteplansapproved after October26,1 989(Land Development Code adoption)haveeitherbeen constructed or expired becauseabuildingpermit must beobtainedwithin12months.Only if andwhen the Mandelstam PUDis ultimately approvedasa result of the current litigation will it become vested. H (2)Measurement of Level of Service Capacities Apacketoflowgenerationrateandotherdatabasetablesreferencedbelowisavailable from the Department;it isan appendix to the Concurrency Management System User's Manual. (a)WaterandSewage:Measurementofwaterandsewer system capacitiesshallbe basedon the current designcapacitiesof the County-wide treatment facilities. Project generation flowsshallbe determined by the appropriate tables in the databasedocument,oronalternativemethodsandsourceswhichmaybefound acceptableto the Cityforapplicationtospecificprojectswhichare sufficiently different from the uses listed so as to render the alternate methods and sources clearlymoreappropriate than theflowsgivenbyCitydatabasetables. (b)Roadways:Theappropriatedatabasetableshallbeusedtodeterminehighway capacities.The latest FloridaDOTTableof Generalized DailyLevel of Service Maximum Volumes mayalsobeused.Or,the measurement ofcapacity may also be determined by engineering studies which employ dataand analysis techniqueswhich meet generallyacceptedprofessionalstandardsandwhichare, in the judgment of the City,more appropriate to the specificprojectthan the City database table or the Florida DOT Table. TrafficgenerationshallbebaseduponTableIin the databaseor the latest Institute ofTransportationEngineers (ITE)TripGeneration Manual. The impact shallbe presumed tobe limited tothe Collector or Arterial serving the local streetgiving access tothelot,ortoany Collectors orArterialsabuttingthe lot.However,if it is the judgment of the Director that the project may generate peakhourtripsthat would impact any additional nearby Collector or Arterial by anamountinexcessof10percentof that roadway's LevelofServiceE capacity,a traffic engineering analysisandtrip assignment willberequired. Theapplicantshall provide the square footage datafor calculation bythe Department of Building and Zoning (Department).The applicant may also provide a traffic calculation for consideration by the Department. (c)Solid Waste:The appropriate table inthe database maybeusedto calculate solid waste generation rates.However,given thenew LOS,theywill seldom havetobe used. (d)Drainage:Conformance withthe drainage LOSshallbecertifiedbythe applicant'sengineerandthedesignand calculations uponwhichthe certification isbasedshallbe subject toreviewbya licensed civil engineer under contract tothe City.The applicant shall pay tothe City the cost ofthe review bythe City's engineer.However,ifthe drainage plan is deemed bythe Director tobe sufficiently simple,a waiver tothis provision maybe granted in which case the Department's mechanical inspector shall determine conformity. (e)Recreation:MeasurementshallbebasedontheparklandinventoryintheCity Comprehensive Plan (updated bythe Department as appropriate)and the latest City population estimate calculated bythe technique outlined inthe User's Manual with anynecessary interpretation providedbytheDirector. ft (3)Determination of Concurrency For purposes of these regulations,the capacity availabihty shall be determined by the following approach which is based upon 9J-5.0055 FAC: Adding together: (a)The total design capacity of existing facilities operating at the required level of service;and (b)The total design capacity of new facilities that will become available concurrent with the impact of the development.The capacity of new facilities may be counted only if one or more of the following can be demonstrated: For water,sewage,solid waste and drainage: i.The necessary facilities areinplace at the time a certificate of occupancy is issued,or ii.Such approval is issued subject to the condition that the necessary facilities willbeinplace when the impacts of development occur,or iii.Construction of the new facilities is under way at the time of certificate of occupancy approval,or iv.Thenewfacilitiesare guaranteed ataspecific time inanenforceable development agreement An enforceable development agreement may include,but is not limited to,development agreements pursuant toSection 163.3220,Florida Statutes,oran agreement or development order pursuant to Chapter 380,Florida Statutes (the Development ofRegionalImpact authorization). For recreation: i.Paragraphs a-c above. i i.Thenew facilities arethesubjectofabindingexecutedcontractforthe constructionoffacilitiestobecompleted within oneyearofthetimethe certificate of occupancy is issued,or iii.A development agreement asoutlinedin(iv)above but with constructionto begin within one year of certificate of occupancy. For traffic: i.The new facilities have been included in a financially feasible five-year capitalimprovement program and construction is scheduled for thethird year or earlier,or ii.Paragraphs a-c under recreation directly above exceptthatthe compliance period is three years. iii.TheCity Commission has granted an exception based upon those specified in Chapter 163,Florida Statutes and related Rules. ft (c)Subtracting from that number the sum of: The demand for the service created by existing development;and The demand for the service(by phase or otherwise)that will be created by the anticipated completion of other presently approved developments. (4)Calculations by Either City or Applicant Calculations may be performed either by the applicant or the City.The City will verify all applicant calculations. (5)Concurrency Review Fee An applicant will be chargeda concurrency review deposit of $200.This willbe used to defray the cost of the determination of concurrency including any consulting fees. Any unused portion of the deposit shall be returned to the applicant If review costs exceed $200,the additional amount shall be paid by the applicant prior to receiving a Certificate of Concurrency. (D)CONCURRENCY MONITORING SYSTEM (1)Responsibility The Directorof Building andZoningshallberesponsiblefor monitoring development activity toensure that when concurrency reviewsaremade,dataonallexistingand committeddevelopmentanditsimpacton facilities subjecttolevelofservicestandards hasbeen recorded.TherequirementsforanannualreportareoutlinedintheUser's Manual. (2)Concurrency Rights Reservation and Effective Period (a)Capacity Reservation:Eventhough concurrency doesnothavetobeachieved until issuance of the CertificateofOccupancy,compliancewillbefinally calculated,aCertificateof Concurrency issuedandcapacityreservedatthetime offinalactiontoapproveasiteplan,Planned Unit Development,preliminary single-familyortwo-familysubdivisionplat,buildingpermit(ifneitherasite planorsingle-familysubdivisionplatisrequired)orenforceabledevelopment agreement.Applications for these development permitsshallbe chronologically logged upon approvalto determine rights to available capacity. (b)ReservationPeriod:ACertificateofOccupancyapplicationfora principal building must besubmittedwithin24monthsofsiteplanorplat approval to preserve the concurrencyreservationfor the projectorphasespecifiedin(a) above.Otherwise,theCertificateof Concurrency expires.Exceptinthecaseof siteplans,anextensionofsixmonthsmaybeissuedbytheCity Manager (or designee thereof)if adequate extenuating circumstances arestatedwiththeright toappeal this decision totheCity Commission.Inadditiontotheabove requirements,the concurrency reservation for a PUD shallbe specified inthe Phasing Reportatthetimeof PUD approval if the project istobe phased; similarly,if asite plan orplatistobe phased,the concurrency phasing shall be specified at the time of approval. ft (c)Development Agreement:Development agreements as described in Chapter 163.3220,the "Florida Local Government Development Agreement Act"shall have a valid concurrency period not to exceed five (5)years oras extended by mutual consent of the City Commission and the developer. ft V.Public Hearings: PB-96-003 Applicant:Mayor &City Commission Request:AN ordinance of the mayor and city commission OF THE CITY OF SOUTH MIAMI,FLORIDA RELATING TO THE AMENDMENT OF THE CONCURRENCY PROVISIONS OF SUB-SECTION 20-4.1 IN THE LAND DEVELOPMENT CODE BY PROVIDING A NEW SUB-SECTION 20-4.1;PROVIDING FOR SEVERABILITY;PROVIDING FOR ORDINANCES IN CONFLICT;AND PROVIDING AN EFFECTIVE DATE. Mr.Kerr read the request.Staff elucidated the meaning of the proposed ordinance,explaining that it provides avehicle to implement existing policy by which development (e.g.,such as that on vacant land)may be reviewed for concurrency standards,including those needs relating to waste,water,traffic,etc.Staffclosed by noting that they recommend approval of the request. In reference to Mr.Kerr scomments regarding similarities to Metro-Dade's system staff confirmed that the proposal,while not the same as,is similar to Dade's concurrency system Mr.Ohveros reiterated that the ordinance will simply implement current policy. Public hearing was opened. Mr.David Tucker,Sr.,6556 SW78 Terrace,South Miami,signed in and spoke before the Board.Mr.Tucker opined that the proposed ordinance is an "intent"document,in that it outlines what actions the City will have to take involving concurrency needs.Mr.Tucker maintained that ^owisTe^"£the EARd°CUmentad0ptedIaStyear'bothProvideaDSWmt0meq^stion Public hearing wasclosed. Mr.Kerr spoke in favor ofapproving the document,stating that the proposed ordinance will bring theCityupto "standard". Motion:Mr.Kerr moved approval of the request.Ms.Zeller seconded the motion. Vote:Approved:6 Opposed:0 n °,T^f .^..^—•«•- _._.ii..^ MIAMI DAILY BUSINESS REVIEW Published Daily except Saturday,Sunday and Legal Holidays Miami.Dade County,Florida. STATE OF FLORIDA COUNTY OF DADE: Before the undersigned authority personally appeared Octelma V.Ferbeyre,who on oath says that she is the Supervisor,Legal Notices of the Miami Daily Business Review f/k/a Miami Review,a daily (except Saturday,Sunday and Legal Holidays)newspaper,published at Miami in Dade County,Florida;that the attached copy of advertisement, being a Legal Advertisement of Notice in the matter of CITY OF SOUTH MIAMI NOTICE OF PUBLIC HEARINGS MAY 7,1996 RE:AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI,ETC. in the -XXXXXXX Court' was published in said newspaper in the issues of Apr 25,1996 Affiant further says that the said Miami Daily Business Review is a newspaper published at Miami in said Dade County,Florida,and that the said newspaper has heretofore been continuously published in said Dade County,Florida, each day (except Saturday,Sunday and Legal Holidays)and has been entered as second class mail matter at the post office in Miami in said Dade County,Florida,for a period of one year next preceding the first publication of the attached copy of advertisement;and affiant further says that she has neither paid nor promised any perscjv*ten or corporation any discount,rebate,commissiop^Jrafundyor the purpose of secu/fng this advertisemewfor>publicaiion in the said newsfi (SEAL) Octelma V.Ferbeyre blTY OF SOUTH MIAMT~^ 6TICE OF>XlBllCHEAMlliQS "NOT1CEJS South Miami? JYJoryen thai the Cfty South Miami;FWiidawffl corKfucTPutiDc hearings awing ns nwauCftyCofTuifttoJnee^Qh TueWayJ May 7.^996 beginning a0$O pm,inthe City Commission Chambere,6130 Sunset Drtve^wcon- fOFTHE MAYOR AND-CITY COMMK M^rlM^i^T>^rin4CURREr4CY PROV (CODE BYPROVIDING A^NEW SUBJECTION'•-•-—-.MyEHABiuTY;.pROVlDINQ nav^„, ^IFdCT;-MD.PROVIDING ATECT.. ,r^,.rl«wUJQt1C!AflCH5,.1996)™Z£Z**ei jBBSgSStar-u "i-aA^bRDINANCEbF THE MAYOR AND CITY COMMISSION -r OFTHE CTTY QFj SOUTH MIAMI,FLORIDA,RELATINGTO ^SgEPEALiNG:"ORDINANCE NO.2242-1145,.WHICH . -•^•ESTABLISHES •••=*>B*«*"'-•srw:'*-^-•**^-,*J'****-««#*»?•v'pRPCEDURES*FCft THE BIANNUAL AMENDMENT 10?, .•THE COMPREHENSIVE PLAN;PROVIDING FOR ASOLE SOURCEFOR AMENDMENT PROCEDURES;PROVIDING ;J©R CONFLICTS WITH THE FLORIDA STATUTES AND THE RULES CONTAINED IN"THE FLORIDA ADMINJ- •i.&THATlVECODE;-PROVIDING FOR SEVERABILITY;PRO? V1DJNG FOR'ORDINANCES IN:CONFUCTj AND_1 PROVIDING AN EFFECTIVE DATE.-•iw.ctli;-;**&5St*-:-r£ ^"-READING-April 16,1996);->*r*rr:!^~g^SOjr£ ••*.J"•"*?*>*••T.*.i.:-n.r«o':~?iA Tvvfsritr;h'et»isL;j vcererreua C —'",*iTf v,-*-—iirr-:-.•.-»•»«i^^-v »v.-^it^artM^.'wJw*-"* Saidordinance canbe inspected in the CityCleric's Office,Monday • Friday during regular office hours.^^r.;y•••£_•:\vl3£^s§: Inquiries concerning this items should be directed tothe Building, Zoning &Community Development Department at 663-6327.. ALL interested parties are invited to attend andwill be heard. RonettaTaylor,CMC ur^u.-;-•..-..-..=cfty aerie ...-.....->•*,'.--.,-'..?..CityofSouth Miami Pureuartto Florida Statutes288.0105,the City'hereby adtfseslhe public that ifa person decides to appeal any decision made by this Board,Agency or Commission with respect to any matter considered atits meeting or hearing,heorshe will need a record ofthe proceed ings,and that for such purpose,affected person may need to ensure that a verbatim record ofthe proceedings ismade which record in cludes the testimony and evidence upon which the appeal istobe ^d'96XW42515M •MO. n