If a concurrency determination results in a finding that the proposed development will result in a reduction in level of service standards below those adopted in the Comprehensive Plan, the City may conditionally approve a development order if one (1) of the following conditions occur:
A. Potable Water, Wastewater, Solid Waste, and Stormwater
1. The necessary public facilities and services are in place at the time a development permit is issued; or
2. A development permit is issued subject to the condition that the necessary public facilities and services will be in place when the impacts of the development occur; or
3. The necessary public facilities and services are under construction at the time a development permit is issued; or
4. The necessary public facilities and services are guaranteed in an enforceable development agreement that includes the provisions of 4.04(a)1-3 of this Section. An enforceable development agreement may include, but is not limited to, development agreements pursuant to F.S. § 163.3220, or an agreement of development order issued pursuant to F.S. Chapter 380. The agreement must guarantee that the necessary public facilities and services will be in place when the impacts of development occur.
B. For recreation, the concurrency requirement may be satisfied by complying with the standards in 4.04(a)1-3 of this Section or by complying with the following standards:
1. At the time the development order is being issued, the necessary public facilities and services are the subject of a binding executed contract which provides for the commencement of the actual construction of the required facilities or the provision of services within one (1) year of the issuance of the development permit; or,
2. The necessary public facilities and services are guaranteed in an enforceable development agreement which requires the commencement of the actual construction of the facilities or the provision of services within one (1) year of the issuance of the applicable development permit. An enforceable development agreement may include, but is not limited to, development agreements pursuant to F.S. § 163.3220, or an agreement or development order issued pursuant to F.S. Chapter 380.
3. For roads, the concurrency requirement may be satisfied by following the standards in subsections (a)1-3 and (b)1 and 2 of this Section. In addition, in areas in which the City has committed to provide the necessary public facilities and services in accordance with its five (5)-year schedule of capital improvements, the concurrency requirement may be satisfied.
(Ord. 711, passed 2-5-2019)