§ 23-704. Concurrency review.

Sec. 23-704.1 Applicability. A concurrency review to determine compliance with this section is required for all development and land uses in the City of Lake Wales unless specifically exempted herein. Verification of compliance with this section is required prior to the issuance of a site development permit pursuant to section 23-217, a building permit, or a certificate of use pursuant to section 23-213 and prior to approval of services for land uses outside of the city limits. Developments with permits or approvals issued prior to March 15, 2005 shall be vested for reservations of capacity or certificates of concurrency as provided in subsection 23-704.4.c. and d.

Sec. 23-704.2 Burden of proof. The applicant shall bear the burden of showing compliance with the adopted levels of service and meeting the concurrency test. The administrative official will direct the applicant to the appropriate staff to assist in the preparation of the necessary documentation and information.

Sec. 23-704.3 Exemptions.

a. De minimus development. Developments or activities listed below are considered de minimus, having insignificant or no impact upon public facilities with adopted level of service (LOS) standards, and are exempt from concurrency review.

1. Construction of and addition to single-family and two-family dwellings on platted lots;

2. The addition of an accessory apartment or guest house to a residential or nonresidential property;

3. Construction of accessory structures on single-family and two-family properties if permitted under section 23-521, including swimming pools, garages, pole barns, satellite dishes, greenhouses, screen enclosures, and fences; and

4. Construction of and modifications to nonresidential structures with less than one thousand five hundred (1,500) square feet of floor area.

b. The following activities shall be exempt from the concurrency review if the administrative official issues a finding that they will have no significant impact upon public facilities with adopted level of service (LOS) standards:

1. Changes in existing use of property or existing structures when the new use does not increase any impact on public facilities over the existing use. No change in use will be considered exempt when the prior use has been discontinued for two (2) years or more, in which case the use shall be considered a new use. For changes in the use of property when the new use increases the impact on public facilities, the existing intensity shall be exempt and any increase over the existing intensity shall not be exempt;

2. Replacement of an existing dwelling unit when no additional units are created;

3. Replacement of a building or structure with a new building or structure of the same use when no additional impact on public facilities is created over the pre-existing building or structure being replaced;

4. Any development orders determined by the administrative official to have no impact public facilities.

c. Applicants for development permits who claim vesting of rights under this section shall meet a three-part test established under Florida case law for determining vested development rights. All three (3) of the following must be met in order to be vested for development:

A. good faith reliance on an act or omission of the city;

B. substantial expenditures or obligations subsequent to reliance on an act or omission of the city; and

C. highly inequitable to deny development (i.e., private hardship outweighs the public hardship).

(Ord. No. 2007-14, § 2, 6-5-07)

Sec. 704.4 Concurrency review process.

a. Development impact data. The applicant for approval of a preliminary subdivision plat pursuant to section 23-223, a preliminary planned development project plan pursuant to section 23-224, a major or minor site plan pursuant to section 23-222, a site development permit pursuant to section 23-217, a building permit for a new structure or expansion of a structure, a change of use pursuant to section 23-212 or 23-213, or any application for services shall submit required development impact data on the proposed development at the time of application. Submission of development impact data is also required for the establishment of new land uses or changes in land use (see section 23-213) regardless of whether construction is proposed on the property. Development impact data required:

1. Sanitary sewer. For residential developments, projected sanitary sewer flow of the proposed development, based upon the projected number of residents and the LOS Standard provided in section 23-706. For nonresidential development, projected volume of sewer flow. Additional information on the characteristics of the proposed sanitary sewer flow may also be required by the director of public works to assess impacts to the wastewater treatment plant.

2. Potable water. For residential developments, projected potable water demand of the proposed development, based upon the projected number of residents and the LOS standard provided in section 23-706. For nonresidential developments, projected daily water usage.

3. Solid waste. Projected solid waste to be generated by the proposed development, based upon the LOS standard established by Polk County for its landfill facilities. For nonresidential developments, projected daily solid waste generation. A certificate of solid waste concurrency from Polk County is required prior to the issuance of a site development permit.

4. Roads. Preliminary traffic generation information, including estimated number of trips and estimated impact upon roadways adjacent to the proposed development or use shall be provided with applications for preliminary subdivision plats, preliminary planned development project plans, major and minor site plans and changes of use. Local and minor collector roads shall be considered project-level facilities, to be provided by the developer. A certificate of transportation concurrency or an exemption from Polk County is required prior to the issuance of a site development permit or certificate of use for any project or change of use impacting county or state roadways.

5. Recreation and open space. (Residential developments only.) The number of residents projected in residential subdivisions, planned development projects and multi-family developments or buildings shall be submitted. Also required is a calculation of the acreage of parks required to serve the projected population, based on the LOS standards per one thousand (1,000) people: .25 acres of mini-parks, 1.5 acres of neighborhood parks, two (2) acres of community parks, and 3.75 acres of total parks. Mini-parks and neighborhood parks are considered project-level facilities, to be provided by the developer. Plans submitted for a site development permit shall show all open space and parks in the development as required by the city as a condition of approval of a preliminary subdivision plat, preliminary planned development project plan, or site plan for multi-family development.

6. Drainage. Information as required for applications for preliminary subdivision plats, preliminary planned development project plans, and site plans shall suffice for review of drainage concurrency. Drainage is considered a project-level facility, to be provided by the developer. A copy of the storm water management permit or exemption letter from the Southwest Florida Water Management District is required prior to the issuance of a site development permit (section 23-217).

7. Public schools. School concurrency requirements shall apply to all developments with residential units if a major or minor site plan, subdivision plat or planned development project plan is required for the development under this chapter. Preliminary projections of students to be generated by the development shall be provided with an application for a preliminary subdivision plat, preliminary planned development project plan, or major or minor site plan. A finding by the administrative official that school concurrency requirements are satisfied is required prior to the issuance of a site development permit, building permit, or certificate of use for any project or change of use impacting public schools, unless specifically exempted under this chapter.

b. Impact assessment. The administrative official shall review the impact data for the proposed development in consultation with the director of public works, the development review committee, and Polk County departments, as applicable. The "inventory of public facilities and capacities" maintained by the city as required under section 23-703 shall be the basis for determining available capacities. The administrative official shall make a report on each application stating the findings of the concurrency review, including information or findings provided by Polk County in regard to roadway impacts, solid waste capacity, or other matters under the county's jurisdiction. The report may include recommendations on addressing concurrency deficiencies, including developer contributions. The report shall be used by the permitting authority, (the administrative official, the building official, the director of public works, the planning board, and/or the city commission, as applicable), in deciding upon the application.

c. Reservation of capacity. A reservation of capacity shall be granted with a site development permit, a building permit, or certificate of use only upon a finding of adequate capacity in all facilities requiring concurrency review and satisfaction of the requirements of section 23-731, as applicable.

1. Building permit or certificate of use. A building permit or certificate of use shall be granted only if capacity in all required facilities is found to be adequate for a proposed new use or change of use requiring an increase in service capacity. For potable water and wastewater, a reservation of capacity shall not be granted without payment of applicable impact fees per Article VII, division 4. Such reservation shall expire with the building permit if the project is not completed, and in cases where a building permit is not required, it shall expire six (6) months from the date of its issuance if the use for which the certificate was issued is not established.

2. Preliminary plans. A preliminary site plan, subdivision plat or planned development project plan shall be approved only upon a finding that there will be sufficient capacity available for the project at the time it is required or that measures to correct any deficiency have been identified and agreed to by the city in writing. Capacity for a development with an approved and unexpired preliminary plan or plat shall be used in calculating available capacity during the review of other preliminary plans. However, except as otherwise provided in this chapter, no reservation of capacity shall be granted with approval of a preliminary plan or plat, and approval of preliminary plans does not guarantee that capacity will be available at the site development permit stage of project review.

3. Site development permit. A site development permit under section 23-217 shall be issued only upon a finding of adequate capacity in required facilities and approval by the city of a utility services agreement if required under section 23-731. If exempted under that section, a project shall be granted a reservation of potable water and wastewater treatment capacity only upon payment of applicable impact fees per article VII, division 4.

(Ord. No. 2005-27, § 1, 7-5-05; Ord. No. 2006-46, § 1, 12-5-06; Ord. No. 2007-14, § 2, 6-5-07; Ord. No. 2008-05, §§ 2, 3, 2-19-08; Ord. No. 2011-23, § 1, 10-4-11)