No final development order shall be issued by the city after March 31, 1993 and no previously approved development may cause a change in use upon a parcel of property unless there is sufficient available capacity of concurrency public facilities to meet the standards for levels of service as established in the 1991 Lake Mary Comprehensive Plan for the existing population, vested development as projected by the Planning Department and for the proposed development according to the following time requirements:
(1) As to potable water, sanitary sewer, solid waste and drainage concurrency public facilities, the necessary concurrency public facilities must be:
(a) Available and in place at the time the development is authorized in accordance with the 1991 Lake Mary Comprehensive Plan, or
(b) The development order or permit is issued subject to the condition that the necessary concurrency public facilities will be in place when the impacts of the development occur, or
(c) The necessary concurrency public facilities are under construction at the time the development is authorized, or
(d) The necessary concurrency public facilities are guaranteed in an enforceable development agreement that requires that the necessary facilities will be in place when the impacts of development occur. All final development orders shall be conditioned on the requirement that building permits shall not be issued for the subject property until the capacity of the public facility or facilities set forth in this division (A) meet the adopted levels of service standards for said concurrency public facility or facilities. As to solid waste, the level of service standard shall be a citywide standard. As to stormwater management, the level of service standard shall be a site specific standard. As to potable water and sanitary sewer, the level of service standard shall be based upon the appropriate service areas as set forth in the 1991 Lake Mary Comprehensive Plan.
(2) As to arterial and collector roads, said concurrency public facilities must be available within one year of the subject final development order or consistent with provisions of Rule 9J-5.0055(2)(c), Florida Administrative Code, as same may be amended from time to time. Any proposed development requiring access to a county road will be required to receive concurrency approval from Seminole County prior to issuance of a final development order. Any development not accessing a county road will be required to conduct a traffic study provided the development generates more than 50 peak hour daily trips. No Certificate of Occupancy shall be issued until the above public facilities are in place and accepted by the governing jurisdiction or a development agreement with appropriate financial protection has been adopted by the City Commission.
(3) Community and neighborhood parks, including land and facilities, must be available to serve the development within 12 months of the issuance of the subject final development order. The parks and recreation level of service standard shall be a citywide standard.
(4) On site potable water wells and septic tanks which meet all applicable laws, rules, standards and regulations shall be deemed to be concurrent for the purposes of this section as to potable water and sanitary sewer concurrency public facility level of service requirements; provided, however, this provision shall not be construed to limit the city's authority to require central potable water and sanitary sewer services as a condition of development approval.
(B) Approved plans of development which are specifically exempted from or specifically determined to be vested from the concurrency requirements of the 1991 Lake Mary Comprehensive Plan by the city pursuant to applicable ordinances shall not be subject to concurrency review unless the exemption or vesting has been eliminated, waived, expired or withdrawn pursuant to law or has otherwise lapsed and thereby having become of no further force nor effect. Notwithstanding the foregoing, the city may use the concurrency review process to account for the impacts upon and utilization of concurrency public facilities by vested developments.
(Ord. 633, passed 2-18-93)