HomeMy Public PortalAboutORD 91/03ORDINANCE NO. 91/3
AN ORDINANCE OF THE TOWN COMMISSION OF THE
TOWN OF GULF STREAM, FLORIDA, AMENDING THE
ZONING ORDINANCE BY ADDING SECTION XXIV
(CONCURRENCY MANAGEMENT SYSTEM) ADOPTING A
CONCURRENCY MANAGEMENT SYSTEM; PROVIDING
APPLICABILITY AND APPLICATION REQUIREMENTS;
PROVIDING GENERAL RULES FOR CONCURRENCY
ASSESSMENTS; PROVIDING FACILITY SPECIFIC RULES
FOR CONCURRENCY ASSESSMENT; PROVIDING
CONCURRENCY DETERMINATION; PROVIDING FOR
APPEAL; PROVIDING INVENTORY OF PUBLIC FACILITY
CAPACITIES AND LEVELS OF SERVICE; PROVIDING
FOR THE REQUIREMENTS OF AN ANNUAL CONCURRENCY
REPORT; PROVIDING FOR SEVERABILITY; PROVIDING
FOR REPEAL OF CONFLICTING ORDINANCES;
PROVIDING FOR CODIFICATION; AND PROVIDING AN
EFFECTIVE DATE.
BE IT ORDAINED BY THE TOWN COMMISSION OF THE TOWN OF GULF
STREAM, FLORIDA, AS FOLLOWS:
Section 1. That the Zoning Ordinance of the Town of Gulf
Stream, Florida, is hereby amended by adding a new section to be
numbered Section XXIV which said section shall read as follows:
"SECTION XXIV, CONCURRENCY MANAGEMENT SYSTEM
A. PURPOSE
The intent of this Concurrency Management System (CMS) is
to provide the Town of Gulf Stream with a procedure to
ensure that facilities and services are provided as
required by the Capital Improvement Element (CIE) of the
Comprehensive Plan and as required by Section 163.3177,
F.S.
B. DEFINITIONS
General: Words in the present tense include the future,
the singular includes the plural and the plural the
singular; the words "shall", "will" and "must" are
mandatory, and the word "may" is permissive.
Capital Improvement: Physical assets constructed or
purchased to provide, improve or replace a public and/or
private facility to maintain or achieve an adopted level
of service.
Comprehensive Plan: A plan meeting the requirements of
Sections 163.3177 and 163.3178, Florida Statutes (Local
Government Planning and Land Development Regulation Act).
Concurrency: The demonstration that specific public
and/or private facilities and services are or will be
available at the adopted level of service, as described
in the Town's Comprehensive Plan, concurrent with the
impact of development.
Deficiency: The absence or degradation of public and/or
private facilities or services below the level of service
standard adopted within the Comprehensive Plan including
subsequent amendments.
Development Order: Any order by the Town Commission
granting, denying, or granting with conditions an
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application for a development permit pursuant to F.S.
163.3164(5).
Development Permit: Any building permit, zoning permit,
subdivision approval, rezoning, certification, special
exception, variance, or any other official action by the
Town having the effect of permitting the development of
land pursuant to F.S. 163.3164(6).
Level of Service (LOS)-: An indication of the extent or
degree of service provided by, or proposed to be provided
by a facility based on and related to the operational
characteristic of the facility. Level of Service shall
indicate the capacity per unit of demand of each
facility.
Phasing: An incremental staging of development which is
to occur within a specified period of time and may
require individual or separate certificates of occupancy
for individual structures.
C. APPLICABILITY
Prior to the issuance of a development order or permit,
an application shall be reviewed for concurrency
consistent with the provisions and requirements of the
system as outlined herein. A development order may be
issued only upon a finding by the Town of Gulf Stream
that all applicable levels of service requirements set
forth in the Comprehensive Plan are addressed by the
Concurrency Management System. The following are exempt
from concurrency review:
1. Accessory structures as defined in the Town of Gulf
Stream's Zoning Code.
2. Additions to approved existing residential
structures which will not result in an increase in
dwelling units.
3. Development orders issued by the Town of Gulf
Stream prior to February 1, 1990 unless health,
safety or welfare concerns mandate otherwise.
4. Change in use of non-residential structures that do
not result in uses of greater intensity.
5. Single family homes on existing platted lots within
the development threshold established in the annual
report.
D. APPLICATION_ REQUIREMENTS
All applicants for a development order shall provide the
information described in Paragraphs F and G herein and
any additional information deemed necessary by the
Building Department or Planning and Zoning Board to
accurately assess the impacts of the proposed
development.
E. GENERAL RULES FOR CONCURRENCY ASSESSMENT
The following rules for determining concurrency shall
apply to all developments subject to concurrency review
pursuant to this ordinance:
1. Existing Deficiencies
No development order or permit shall be approved
which will impact a facility found to be deficient
in Paragraph I until such deficiency is corrected.
2. Development Impacts
No development order or permit shall be approved if
the impacts from the development as determined
Paragraph F will cause a facility listed in
Paragraph I to operate below its level of service
standard adopted in the Town's Comprehensive Plan.
3. Planned Improvements
Planned facility improvements, other than those
listed in Paragraph I or those to be provided as a
condition of approval for the development under
consideration, may not be included in a facility
capacity assessment unless approved by a four-
fifths vote of the Town Commission. Such
improvements may include, but are not limited to,
those improvements contained on the Five -Year
Schedule of Capital Improvements adopted in the
Town's Comprehensive Plan scheduled for
implementation in future fiscal years.
Development Phasing
Development that is to occur in phases may also
phase the improvement of facilities provided the
facility availability requirements of Paragraph F
are met for each completed phase of the
development.
5. Time Specific Approvals
All development orders and permits shall have a
specified effective date and expiration date. If a
development involves two (2) or more phases, the
effective date and expiration date of each phase
shall be specified in the development order or
permit. The development order or permit may
prescribe a time schedule for the initiation and
completion of various components of the development
process such as land clearing, filling, foundation
pouring, etc. Amendments to time schedules shall
be approved only by the Town Commission.
Required Facility Improvements
Facility improvements required in development
orders or permits shall become the subject of a
binding executed contract for construction or shall
be guaranteed in an enforceable development
agreement. An enforceable development agreement
may include, but is not limited to, development
agreements pursuant to Section 163.3220, Florida
Statutes, or an agreement or development order
pursuant to Chapter 380, Florida Statutes. Binding
contracts shall be made between the developer, the
Town and the governmental or private agency having
jurisdictional responsibility for the facility to
be improved.
F. FACILITY SPECIFIC RULES FOR CONCURRENCY ASSESSMENT
1. Traffic Circulation
a. Individual Single Family Home Development
Traffic impacts from single family homes on
existing platted lots shall be determined by
using the appropriate standards listed in the
Institute of Traffic Engineers Manual. The
traffic shed shall include only State Road A-
IA for homes east of the Intracoastal
Waterway, and U.S. Highway I for homes located
west of the Intracoastal Waterway.
b. Development Other Than Individual Single
Family Homes
All development applications, other than
single homes on existing platted lots, shall
include a Traffic Impact Study prepared by a
qualified professional. All Traffic Impact
Studies shall:
i. use the Institute of Traffic Engineers
(ITE) Manual, or other professionally
accepted method, to calculate the
projected number trips generated by the
development;
ii. project the distribution of the trips and
list all impacted facilities and the
degree of the impact;
use the available capacities found in
Paragraph I(1)(g) to determine if
facility improvements are necessary to
service the development at the level of
service listed in Paragraph I(1)(c); and
iv. specify what, if any, facility
improvements are needed and the entity
with jurisdictional responsibility for
the facility.
C. Completion of Improvements
Development orders and development
permits shall require that prior to the
issuance of a certificate of occupancy
all improvements necessary to service the
development at the level of service
standards listed in Paragraph I(1)(c)
shall be completed, inspected, and
approved.
ii. Development orders and permits may
require improvements to be completed
prior to the issuance of a building
permit if deemed necessary for access by
public safety or construction vehicles.
Sanitary Sewer
a. Wastewater Treatment Plan
All applications for development shall specify
the type and location of wastewater treatment
facilities to be used by the development.
b. Completion of Improvements
Development orders and development permits
shall require that prior to the issuance of a
certificate of occupancy:
i. a permit shall be received from the Palm
Beach County Health Department for the
operation of on-site sewage treatment and
disposal facilities; or,
ii. connection to an approved off-site sewage
treatment and disposal facility shall be
completed, inspected and approved.
3. Potable Water
a. Residential Development
All residential development proposing to use
the Town's potable water system shall be
determined to have a potable water demand
equal to the level of service standard listed
in Paragraph I(3)(c).
b. Non -Residential Development
All non-residential development applications
shall include a Potable Water Demand Study
prepared by a qualified professional. The
study shall:
i. project the average and peak potable
water demands from the development;
ii. determine the minimum pipe size, fire
flow, and water pressure required to
service the development at the level of
service listed in Paragraph I(3)(c);
iii. use the available capacity found in
Paragraph I(3)(g) to determine if
facility improvements are necessary to
service the proposed development at the
level of service listed in Paragraph
I(3)(c); and,
iv. specify what, if any, facility
improvements are needed and the entity
with jurisdictional responsibility for
the facility.
C. Completion of Improvements
i. Development orders and development
permits shall require that prior to the
issuance of a certificate of occupancy,
connection to a potable water system and
all improvements necessary to service the
development at the levels of service
listed in Paragraph I(3)(c) shall be
completed, inspected and approved.
ii. Development orders and development
permits may require connection to a water
system prior to the issuance of a
building permit if deemed necessary for
fire protection.
4. Solid Waste
a. Residential Development
All residential development shall be
determined to have solid waste generation
rates equal to the level of service standards
listed in Paragraph I(4)(c).
b. Non -Residential Development
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All non-residential development applications
shall include a Solid Waste Generation Study
prepared by a qualified professional. The
study shall:
i. project the types and amounts of solid
waste to be generated by the development;
ii. use the available capacities found in
Paragraph I(4)(g) to determine if
facility improvements are necessary to
service the proposed development at the
levels of service listed in Paragraph
I(4) (c);
iii. specify what, if any, facility
improvements are necessary and the entity
with jurisdictional responsibility for
the facility.
C. Completion of Improvements
Development orders and development permits
shall require that prior to the issuance of a
certificate of occupancy, all improvements
necessary to service the development at the
levels of service listed in Paragraph I(4)(c)
shall be completed, inspected and approved.
Stormwater Drainage
a. Stormwater Drainage Study
All residential and non-residential
development shall provide a Stormwater
Drainage Study prepared by a qualified
professional. The study shall:
i. indicate the location of all retention
and/or detention facilities and their
capacities to be provided or used by the
development;
ii. use the available capacities found in
Paragraph I(5)(g) to determine the
impacts of the development on the Town's
drainage system, and if any improvements
are necessary to service the development
at the level of service listed in
Paragraph I(5)(c); and,
iii. specify what, if any, facility
improvements are necessary and the entity
with jurisdictional responsibility for
the facility.
b. Completion of Improvements
Development orders and development permits
shall require that prior to the issuance of a
certificate of occupancy, all facility
improvements necessary to service the
development at the level of service listed in
Paragraph I(5)(c) shall be completed,
inspected and approved.
6. Recreation and Open Space
a. Residential Development
All residential development shall require the
provision of developed public or private
recreation areas, as defined in the Town's
Comprehensive Plan, at the level of service
listed in Paragraph I(6)(c).
b. Non -Residential Development
All non-residential development shall be
exempt from a concurrency review for
recreation and open space. However, the Town
reserves the right to impose recreation
standards as part of other development
regulations.
C. Completion of Improvements
Development orders and development permits
shall require that all improvements necessary
to service the development at the level of
service listed in Paragraph I(6)(c) shall be
completed, inspected and approved within
twelve (12) months from the issuance of the
first certificate of occupancy for the
development.
G. CONCURRENCY DETERMINATION
Upon review of all required and relevant information, the
Town Commission shall make a determination that there are
adequate facilities to serve the proposed development and
the proposed development shall not degrade those
facilities below the minimum level of service established
in the Comprehensive Plan. Development permits will be
processed to the furthest degree possible during period
of concurrency review. The Town Commission will make a
concurrency determination for:
1. Approval;
2. Approval with conditions including phasing;
3. Approval subject to further review of a
subsequent development permit;
4. Denial with notice.
Approval of development for concurrency does not remove
any obligation of a developer or his successor to satisfy
other requirements contained with in the Town of Gulf
Stream's Code of Ordinances. Concurrency approval is
valid for one -hundred and eighty (180) days from the date
of determination. If development has not commenced, a
written petition must be filed prior to expiration date
with the Town Clerk for an extension. The Town
Commission must approve any petition for an extension.
If an extension petition is not received within the
designated time period, the concurrency approval and
subsequent development permits become invalid and the
developer must reapply for all required permits.
H. APPEALS OF CONCURRENCY DETERMINATION
Within twenty-one (21) days of notification of a
concurrency determination, the developer or any aggrieved
party as defined by statute may appeal the Town
Commission's decision. A filing fee and a written
petition outlining the reasons for disputing the
concurrency determination shall be required. Upon review
by members of the Town Commission, a motion for rehearing
must be made by a member who originally voted in the
majority. Upon a second of the motion by any member, a
rehearing may be granted. A four-fifths (4/5) vote by
F
the Commission is necessary to overturn the original
concurrency determination. Any person or persons
aggrieved by the rehearing decision may petition the
circuit court pursuant to Chapter 163, Fla. Stat.
I. INVENTORY OF PUBLIC FACILITY CAPACITIES AND LEVELS
OF SERVICE
On or about November 1 of each year, the Building
Department shall make available the following inventories
and calculations for each of the listed facilities.
1. Traffic Circulation.
a. The functional classification and design
capacity of each roadway within or adjacent to
the Town of Gulf Stream as described in the
Florida Department of Transportation, Table of
Generalized Daily Level of Service Maximum
Volumes, as amended.
b. The existing level of service of each roadway,
where available, as measured by the peak
season average daily trips (ADT) as provided
in the most recent counts taken by the Florida
Department of Transportation, Palm Beach
County, the Palm Beach County Metropolitan
Planning Organization, or the Town.
C. The level of service standards adopted in the
Town's Comprehensive Plan for all roadway
types.
d. The existing surplus capacities or
deficiencies of system components shall be
determined by computing the difference between
the current operating level of service volumes
[as measured in Paragraph I(1)(b)] and the
level of service volumes adopted in the Town's
Comprehensive Plan [as listed in Paragraph
I(1)(c)]•
e. The capacities reserved for approved
developments which have yet to receive a final
certificate of occupancy then shall be
subtracted from the values determined in
Paragraph I(1)(d).
f. The capacity improvements to be completed on
any roadways in the current fiscal year which
are the subject of a binding executed
agreement for construction; or which are
guaranteed in an enforceable development
agreement then shall be added to the values
determined in Paragraph I(1)(e). An
enforceable development agreement may include,
but is not limited to, development agreements
pursuant to Section 163.3220, Florida
Statutes, or an agreement or development order
pursuant to Chapter 380, Florida Statutes.
Improvements to be completed in future fiscal
years which are subject to the same conditions
shall also be inventoried.
g. The capacity improvements to be completed on
any roadways in the current fiscal year by the
Town or other governmental agencies then shall
be added to the values determined in Paragraph
1(1)(f). The resulting values shall be the
available capacity for use by new development.
All roadways which are found to be operating
below the level of service standards listed in
Paragraph I(1)(c) shall be deemed deficient.
2. Sanitary Sewer.
The following inventories and calculations shall
apply to all public and private wastewater
treatment facilities within the Town, excluding
septic tanks as defined in Chapter 1OD-6, Florida
Administrative Code.
a. The peak capacity of each treatment facility
as permitted by the Palm Beach County Health
Department or Florida Department of
Environmental Regulation.
b. The existing peak level of service for each
facility as measured by the number of gallons
per capita per day (GCD) based on the average
monthly peak 24-hour flow experienced at each
treatment facility and the population of the
service area of each facility in the previous
fiscal year.
C. The peak level of service standard adopted in
the Town's Comprehensive Plan for the average
peak 24-hour flow for each treatment facility.
d. The existing surplus capacity or deficiency of
each treatment facility shall be determined by
computing the difference between the current
peak flows [as measured in Paragraph I(2)(b)]
and the permitted peak capacity [as listed in
Paragraph I(2)(a)].
e. The capacities reserved for approved
developments which have yet to receive a final
certificate of occupancy then shall be
subtracted from the values determined
Paragraph I(2)(d).
f. The capacity improvements to be completed at
each treatment facility in the current fiscal
year which are the subject of a binding
executed agreement for construction or which
are guaranteed in an enforceable development
agreement then shall be added to the values
determined in Paragraph I(2)(e). An
enforceable development agreement may include,
but is not limited to, development agreements
pursuant to Section 163.3220, Florida
Statutes, or an agreement or development order
pursuant to Chapter 380, Florida Statutes.
Improvements to be completed in future fiscal
years which are subject to the same conditions
shall also be inventoried.
g. The capacity improvements to be completed at
each treatment facility in the current fiscal
year by the Town or other governmental
agencies then shall be added to the values
determined in Paragraph I(2)(f). The
resulting values shall be the available
capacity for use by new development.
Facilities which are found to be operating
below the level of service standards listed in
Paragraph I(2)(c) shall be deemed deficient.
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Potable Water
The following inventories and calculations shall
apply only to those potable water facilities which
are owned and operated by the Town of Gulf Stream.
a. The availability of potable water as permitted
by contract with the City of Delray Beach.
b. The existing levels of service as measured by:
i. the average annual number of gallons per
capita per day based on the total flow of
billed water and the population of the
service area in the previous fiscal year;
and,
ii. the minimum water pressure based on the
lowest pressure recorded for a twenty-
four (24) hour period in the previous
fiscal year.
C. The level of service standards adopted in the
Town's Comprehensive Plan for:
i. average annual potable water flow; and
ii. minimum water pressure.
d. The existing surplus capacity or deficiency of
the potable water system shall be determined
by computing the difference between:
i. the current average annual flow (as
measured in Paragraph I(3)(b)(i) and the
contracted capacity [as listed in
Paragraph I(3)(a)]; and,
ii. the current minimum water pressure [as
measured in Paragraph I(3)(b)(ii)] and
the minimum pressure adopted by the
Town's Comprehensive Plan [as listed in
Paragraph I(3)(c)(ii)].
e. The capacities reserved for approved
developments which have yet to receive a final
certificate of occupancy then shall be
subtracted from the values determined in
Paragraph I(3)(d).
The capacity improvements to be completed on
the potable water system in the current fiscal
year which are the subject of a binding
executed agreement for construction or which
are guaranteed in an enforceable development
agreement then shall be added to the values
determined in Paragraph I(3)(e). An
enforceable development agreement may include,
but is not limited to, development agreements
pursuant to Section 163.3220, Florida
Statutes, or an agreement or development order
pursuant to Chapter 380, Florida Statutes.
Improvements to be completed in future fiscal
years which are subject to the same conditions
shall also be inventoried.
g. The capacity improvements to be completed on
the potable water system in the current fiscal
year by the Town or other governmental
agencies then shall be added to the values
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determined in Paragraph I(3)(f). The
resulting values shall be the available
capacities for use by new development.
Facilities which are found to be operating
below the level of service standards listed in
Paragraph I(3)(c) shall be deemed deficient.
4. Solid Waste Disposal
The following inventories and calculations apply
only to the Palm Beach County Solid Waste Authority
South County Transfer Station.
a. The design capacity of the South County
Transfer Station in tons per day (TPD).
b. The existing level of service of the transfer
station as measured by number of pounds of
solid waste generated per capita per day (PCD)
based on the average tonnage of solid waste
delivered to the South County Transfer Station
per day and the population of the entire
transfer station service area in the previous
fiscal year; and,
C. The level of service standards adopted in the
Town's Comprehensive Plan for the South County
Transfer Station.
d. The existing surplus capacity or deficiency of
the South County Transfer Station shall be
determined by computing the difference between
the current average tons per day delivered to
the South County Transfer Station [as measured
in Paragraph I(4)(b)] and the design capacity
of the transfer station [as listed in
Paragraph I(4)(a)].
e. The capacities reserved for approved
developments which have yet to receive a final
certificate of occupancy then shall be
subtracted from the value determined in
Paragraph I(4)(d).
f. The capacity improvements to be completed on
solid waste facilities in the current fiscal
year which are the subject of a binding
executed agreement for construction or which
are guaranteed in an enforceable development
agreement then shall be added to the value
determined in Paragraph I(4)(e). An
enforceable development agreement may include,
but is not limited to, development agreements
pursuant to Section 163.3220, Florida
Statutes, or an agreement or development order
pursuant to Chapter 380, Florida Statutes.
Improvements to be completed in future fiscal
years which are subject to the same conditions
shall also be inventoried.
g. The capacity improvements to be completed on
solid waste facilities in the current fiscal
year by the Town or other governmental
agencies then shall be added to the value
determined in Paragraph I(4)(f). The
resulting value shall be the available
capacities for use by new development.
Facilities which are found to be operating
below the level of service standards listed in
Paragraph I(4)(c) shall be deemed deficient.
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5. Stormwater Drainage
a. The design capacity of all public storm
drainage facilities as measured by storm
event.
b. The existing level of service of all public
drainage system components as measured by
storm event.
C. The level of service standard adopted in the
Town's Comprehensive Plan for drainage
facilities.
d. The existing surplus capacities or
deficiencies of drainage system components
shall be determined by computing the
difference between the current operating level
of service [as measured in Paragraph I(5)(b)]
and the level of service adopted in the Town's
Comprehensive Plan [as listed in Paragraph
I(5)(c)]•
e. The capacities reserved for approved
developments which have yet to receive a final
certificate of occupancy then shall be
subtracted from the values determined in
Paragraph I(5)(d).
f. The capacity improvements to be completed on
any drainage system components in the current
fiscal year which are the subject of a binding
executed agreement for construction or which
are guaranteed in an enforceable development
agreement then shall be added to the values
determined in Paragraph I(5)(e). An
enforceable development agreement may include,
but is not limited to, development agreements
pursuant to Section 163.3220, Florida
Statutes, or an agreement or development order
pursuant to Chapter 380, Florida Statutes.
Improvements to be completed in future fiscal
years which are subject to the same conditions
shall also be inventoried.
g. The capacity improvements to be completed on
any drainage system components in the current
fiscal year by the Town or other governmental
agencies then shall be added to the values
determined in Paragraph I(5)(f). The
resulting values shall be the available
capacity for use by new development.
Facilities which are found to be operating
below the level of service standards listed in
Paragraph I(5)(c) shall be deemed deficient.
6. Recreation and Open Space
a. The existing combined acreage of developed
public and private recreation areas as defined
in the adopted Comprehensive Plan.
b. The existing level of service as measured by
the combined number of acres of developed
public and private recreation areas available
per capita based on an inventory of such areas
in the Town and the population of the Town in
the previous fiscal year.
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C. The level of service standard adopted in the
Town's Comprehensive Plan for developed public
and private recreation areas.
d. The existing surplus capacities or
deficiencies of developed public and private
recreation areas shall be determined by
computing the difference between the current
level of service [as measured in Paragraph
I(6)(b)] and the level of service adopted in
the Town's Comprehensive Plan [as listed in
Paragraph I(6)(c)].
e. The capacities reserved for approved
developments which have yet to receive a final
certificate of occupancy then shall be
subtracted from the value determined in
Paragraph I(6)(d).
f. The capacity improvements to be completed on
any developed public or private recreation
areas in the current fiscal year which are the
subject of a binding executed agreement for
construction or which are guaranteed in an
enforceable development agreement then shall
be added to the value determined in Paragraph
1(6)(e). An enforceable development agreement
may include, but is not limited to,
development agreements pursuant to Section
163.3220, Florida Statutes, or an agreement or
development order pursuant to Chapter 380,
Florida Statutes. Improvements to be made in
future fiscal years which are subject to the
same conditions shall also be inventoried.
g. The capacity improvements to be completed on
any developed public or private recreation
areas in the current fiscal year by the Town
or other governmental agencies then shall be
added to the value determined in Paragraph
I(6)(f). The resulting value shall be the
available capacity for use by new development.
Facilities which are found to be operating
below the level of service standards listed in
Paragraph I(6)(c) shall be deemed deficient.
J. ANNUAL CONCURRENCY REPORT
1. Contents of Annual Concurrency Report
On or about November 1 of each year, the Building
Department shall prepare an Annual Concurrency
Report and present it to the Town Commission for
approval. The Annual Concurrency Report shall
include the following:
a. Inventory of Public Facility Capacities and
Levels of Service.
The inventory and calculations described in
Paragraph I shall be included in the Annual
Concurrency Report.
b. Existing Deficiencies.
A listing of all public facilities found to
have existing deficiencies and a discussion of
the impacts of such deficiencies on future
development (e.g. the creation of a moratorium
in one or more areas of Town) shall also be
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included in the Annual Concurrency Report. In
addition, recommended improvements for the
correction of any existing deficiencies shall
be provided.
C. Inventory of Vacant Areas.
An inventory of all vacant, developable areas
within the Town of Gulf Stream shall be
included in the Annual Concurrency Report.
The inventory shall include the location and
total number of vacant lots within each Future
Land Use Category/Zoning District.
d. Single Family Home Development Potential.
The Annual Concurrency Report shall include
the number of new single family homes which
can be serviced by public facilities at or
above the levels of service adopted for each
facility by the Town's Comprehensive Plan.
Using the rules set forth in Paragraphs E and
F, the number of new single family homes which
can be accommodated by each facility shall be
determined. The facility with the lowest
capacity to accommodate new family homes shall
be identified as the "limiting facility" and
the maximum number of new single family homes
established accordingly as the "development
threshold".
In cases where the limiting facility or
facility capacity varies by geographical area,
the number of new single family homes which
can be developed shall also be determined
geographically in accordance with the limiting
facility.
e. The Annual Concurrency Report shall exempt
individual single family homes from a
concurrency review up to the development
thresholds established in Paragraph J(1)(d).
Individual single family homes may be
permitted without a concurrency review until
the development threshold established in
Paragraph J(1)(d) has been reached. All
proposed single family homes which are over
and above the development threshold
established in Paragraph J(1)(d) shall be
subject to the requirements of this
ordinance."
Section 2. Severability.
If any provision of this Ordinance or the application thereof
is held invalid, such invalidity shall not affect the other
provisions or applications of this Ordinance which can be given
effect without the invalid provisions or applications, and to this
end the provisions of this Ordinance are hereby declared severable.
Section 3. Repeal of Ordinances in Conflict.
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All other ordinances of the Town of Gulf Stream, Florida, or
parts thereof which conflict with this or any part of this
Ordinance are hereby repealed.
Section 4. Codification.
This Ordinance shall be codified and made a part of the
official Code of Ordinances of the Town of Gulf Stream.
Section 5. Effective Date.
This Ordinance shall take effect immediately upon its passage
and approval, as provided by law.
PASSED AND ADOPTED in a regular, adjourned session on first
reading this 7th day of January , 1991, and for a second and
final reading on this 21st day of January , 1991.
ATTEST:
TOWN CLERK /
PAM\13147-01\CONCORRENCY.ORD
11\8\90
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