§ 70-6. Concurrency requirements.

(a)

The City of Belleair Beach shall not issue development permits which result in a reduction in the level of service (LOS) for affected public facilities, infrastructure, or services below the LOS standards set forth in the adopted comprehensive plan.

(b)

Except as provided in subsections (c), (d) and (e) of this section, development permits shall only be issued if public facilities, infrastructure, or services required to satisfy the adopted LOS standard are available at the time the development impacts occur, consistent with the following concurrency requirements:

(1)

The facilities required to meet the LOS standards as set forth in the comprehensive plan are in place or under construction at the time a development permit is issued;

(2)

A development permit is issued subject to a condition that the facilities required to meet the LOS standards as set forth in the comprehensive plan will be in place when the impacts of the development occur; or

(3)

The facilities are the subject of an enforceable development agreement that includes the provisions of subsection (b)(1) and (2) of this section.

(c)

For park and recreation facilities, in addition to the provisions of subsection (b)(1)—(3) of this section, the concurrency requirement may be satisfied if:

(1)

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

(2)

The necessary facilities and services are guaranteed in an enforceable development agreement with the city which requires the commencement of the actual construction of the facilities or the provision of services within one year of the issuance of the applicable development permit. An enforceable development agreement may include, but is not limited to, development agreements pursuant to F.S. § 163.3220, or an agreement or development order issued pursuant to F.S. ch. 38.

(d)

For transportation, including roads and mass transit, in addition to the requirements of subsection (b) above, the concurrency requirement shall be satisfied if:

(1)

A development order or building permit is issued subject to the condition that the necessary transportation facilities and services needed to serve the new development are scheduled to be in place or under actual construction not more than three years after issuance of a building permit. The required transportation facilities and services for the city's two main arterial roadways (Gulf Boulevard and Causeway Boulevard) shall be provided for in the Capital Improvement Element of Pinellas County Comprehensive Plan (CIE) which shall govern permitted levels of service.

(2)

At the time a development permit is issued, the necessary transportation facilities and services are to be provided pursuant to the terms of an enforceable written agreement which requires the necessary transportation facilities and services to serve the new development to be in place or under actual construction no more than three years after issuance of a building permit; or

(3)

At the time a development permit is issued, the necessary transportation facilities and services are to be provided pursuant to the terms of an enforceable written agreement entered into under the provisions of F.S. §§ 163.3220—163.3243 (the "Florida Local Government Development Agreement Act") or an agreement or development order permit issued under the provisions of F.S. ch. 380, which requires the necessary transportation facilities and services to serve the new development to be in place or under actual construction no more than three years after issuance of a building permit.

(e)

If a proposed development is determined not concurrent for transportation, the applicant may choose to satisfy the transportation concurrency requirement by making a proportionate fair-share contribution pursuant to section 70-7. This section does not apply to developments of regional impact (DRIs) or developments exempted by subsection (f) from meeting transportation concurrency.

(f)

For transportation, including roads and mass transit, the concurrency requirement shall not be imposed if the proposed development would have only a de minimis impact. No impact will be de minimis if the sum of the existing roadway volumes and the projected volumes from approved projects on a transportation facility would exceed 110 percent of the maximum volume at the adopted level of service of the affected transportation facility. Further, no impact will be de minimis if it would exceed the adopted level-of-service standard of any affected designated hurricane evacuation routes. However, an impact of a single family home on an existing lot will constitute a de minimis impact on all roadways regardless of the level of the deficiency of the roadway.

(g)

The level of service standards shall be applied to applications for development permits as follows:

(1)

Solid waste level of service standard: All applications for development orders or development permits.

(2)

Drainage level of service standard: All applications for development orders or development permits.

(3)

Water and sewer level of service standards: The level of service standards shall be applied to applications for development orders or development permits as they may be specified in the comprehensive plan.

(4)

Parks: All applications for development orders or development permits for residential projects.

(5)

Roads: All applications for development orders or development permits.

(h)

The concurrency requirement test shall be applied prior to the approval of an application for a development permit.

(Ord. No. 06-13, § 3, 1-8-2007)