§ 68-159. Appeals.

(a)

A denial of a certificate of concurrency may be appealed by the applicant to the planning and zoning board. A notice of appeal specifying each and every ground in support of granting the certificate of concurrency shall be submitted by the applicant to the city manager or his/her designee, within 20 days from the date of the written denial of the certificate of concurrency. The city manager or his/her designee, shall schedule the appeal to be heard at a public meeting by the planning and zoning board, and shall transmit to the planning and zoning board all papers constituting the record upon which the action appealed from was taken.

The city manager or his/her designee, shall notify the applicant in writing of the date, time and location of the planning and zoning board meeting at which the appeal shall be heard. During the appeal proceeding, the applicant may appear in person or be represented by an agent or attorney. Applicants may be required to assume such reasonable costs as the city commission may determine by resolution, in setting fees to be charged for appeals.

(b)

The applicant shall have the burden of proof to establish by the presentation of substantial competent evidence to the planning and zoning board:

(1)

That there was an error in the technical determination made by the city manager to deny the certificate of concurrency; or

(2)

That one or more of the conditions in section 68-156 are satisfied such that the necessary public facilities and services will be available concurrent with the impact of the development.

(c)

Before recommending issuance of a certificate of concurrency, the planning and zoning board shall make specific findings that the certificate of concurrency satisfies subsections 68-156(b)(1) or (b)(2). The affirmative vote of six members of the planning and zoning board shall be necessary to recommend issuance of a certificate of concurrency. Action taken by the planning and zoning board to adopt, amend or rescind the administrative decision to deny the certificate of concurrency shall be documented in writing in the form of a resolution, signed by the chairman or vice-chairman, specifying the grounds therefore. The written decision of the planning and zoning board shall be submitted by the city clerk or his/her designee to the city commission for final action. The city clerk or his/her designee shall give written notice to the applicant of the date, time and location of the city commission meeting considering the certificate of concurrency. The city commission, upon reviewing the record and findings of the planning and zoning board, may adopt, amend or rescind the decision of the planning and zoning board. If deemed necessary by the city commission, in order to supplement the record, the city commission may receive additional testimony and may make inquiry of the applicant and administrative staff. The decision of the city commission shall be reduced to writing in the form of a resolution and shall be final upon the date of execution of the resolution by the mayor.

EXHIBIT A
SUBMISSION REQUIREMENTS FOR APPLICATION AND METHODOLOGY FOR
CALCULATING PROJECTED DEMAND FOR CERTIFICATES
OF CONCURRENCY

(1)

Purpose. The purpose of this Exhibit is to set forth the minimum submission requirements necessary for the city to review proposed developments for concurrency, as well as to provide a methodology for calculating the projected demand of a proposed project.

(2)

Submission requirements. The applicant must supply the following information along with a reasonable fee, as may be amended from time to time by the city commission to defray the cost of the review:

a.

Name of owner and/or agent/applicant.

b.

Current address of owner and/or agent/applicant.

c.

Phone number of owner and/or agent/applicant.

d.

Legal description of site.

e.

Proposed land use(s).

f.

Acreage of site.

g.

Square footage of proposed building(s).

h.

Number of residential units (if applicable).

i.

Number of employees, for commercial or industrial use (if applicable).

j.

Any expected special service demands generated by the proposed development (such as solid/hazardous waste demands of a hospital).

k.

Data as required by subsequent sections of this Exhibit.

(3)

Facility/service demand calculations. The projected public facility/service demands of the proposed project described in an application for concurrency review shall be calculated using the conversion factors and formulae listed below, and the adopted levels of service (LOS) in the capital improvements element of the city comprehensive plan. Nonresidential uses are included in the adopted LOS. The calculations are listed by public facility and service type. Whenever the term "city" shall appear herein, it shall mean the city manager or his/her designee authorized to review calculations for the concurrency management system. The information necessary to enable the city to perform and/or verify the facility/service demand calculations in paragraphs (3)a. through (3)f. shall be provided by the applicant.

a.

Potable Water

Adopted LOS = as adopted in the capital improvements element in the city comprehensive plan

Adopted LOS (gallons/person/day) × 1.84 persons/unit × number of units = demand (gallons/day)

b.

Sanitary Sewer

Adopted LOS = as adopted in the capital improvements element in the city comprehensive plan

Adopted LOS (gallons/person/day) × 1.84 persons/unit × number of units = demand (gallons/day)

c.

Stormwater Management (Drainage)

Adopted LOS = as adopted in the capital improvements element in the city comprehensive plan and the Treasure Island Master Drainage Plan (flood control only)

d.

Solid Waste

Adopted LOS = as adopted in the capital improvements element in the city comprehensive plan adopted LOS (pounds/day/person) × 1.84 persons/unit × number of units = demand (pounds/day)

e.

Recreation

Adopted open space LOS = as adopted in the capital improvements element in the city comprehensive plan

Project population = number of dwelling units × 1.84 persons/unit

Project population × adopted LOS (acres/person) = demand (total acres)

f.

Transportation

Adopted LOS = as adopted in the capital improvements element in the city comprehensive plan

1.

Determine the number of trips generated by the proposed project during the p.m. peak hour, using the most recent edition of the Institute of Traffic Engineers trip generation report, or other recognized source of data, with no adjustment for internal capture or passerby trips.

2.

If the total number of daily trips is equal to or greater than 450 trips, a transportation study shall be done. The study shall be signed and/or sealed by a registered Professional Engineer.

i.

If no transportation study is required, the applicant is required to provide only the existing peak hour traffic volumes and level of service for the roadway link(s) to which the project driveways connect. This information shall include project traffic.

ii.

The data shall be in conformance with Notes 2.(a) and 2.(b) of "Existing Conditions" below.

(4)

Performance of transportation study

If a transportation study is required, it shall be obtained and submitted to the city by the applicant for a development permit at the applicant's sole expense. Should the city not have the expertise to review the transportation study or should it have justification to claim that the methodology and/or results of the initial transportation study are biased, untrue or otherwise inadequate, a third party consultant shall be hired by the city at the applicant's sole expense, to verify the initial transportation study. The city shall select the third party consultant from a list of consultants retained by the city for this purpose. The applicant shall reimburse the city for the total fee charged by the third party consultant to perform the transportation study, to include city administrative costs.

The transportation study shall be performed in accordance with the requirements set forth in paragraph (5) hereof. Projects which are required to undergo development of regional impact review pursuant to F.S. § 380.06 shall be exempt from the requirements of this transportation study and instead shall submit a copy of the application for development approval to the city as required by state statutes.

(5)

Requirements of transportation study

a.

Pre-Application Meeting

A pre-application meeting between the city and the applicant is required. The purpose of this meeting will be to review the methodology and procedure, establish the study area, and to determine the study period.

b.

Define Study Area

The study area is defined as those roadways and intersections impacted by the project to an extent of one percent or more of peak-hour capacity at the level of service (LOS) adopted in the capital improvements element of the city comprehensive plan. In addition, other variables such as distance from site (e.g., five-mile radius for a DRI project) may also be used.

c.

Existing Conditions

The following existing conditions shall be provided:

1.

Existing daily and peak hour traffic volumes and level of service on all arterials and collectors within the study area.

2.

Existing LOS at all impacted intersections.

Notes:

(a) The above required data shall be no older than the previous calendar year. Roadway volumes shall be adjusted to reflect annual conditions using current FDOT seasonal adjustment factors for the county or other adjustment factors approved by the city.

(b) The above required level(s) of service for roadways shall be determined in accordance with current FDOT Generalized Level of Service volume tables and procedures presented in the most current Level of Service Standards and Guidelines Manual, or by use of other accepted traffic operations models subject to approval in the pre-application meeting.

(c) The above required intersection levels of service shall be determined using computer software based on the most recent edition of the Highway Capacity Manual, Special Report 209, Transport Research Board, National Research Council.

d.

Projection of Background Traffic

Volume(s) shall be projected for all phases of the development as well as the year of the project completion. Volumes can be determined using one of the following procedures:

1.

Multiplying existing volumes by an annual growth factor provided by the city. Traffic generated by any major project approved since the traffic counts were conducted shall be included as background traffic.

2.

Multiply existing volumes by an annual growth factor developed by the applicant and approved by the city. This growth factor must be based on data collected on five roadways in the vicinity of the project over the last ten years. Traffic generated by any major project approved since the traffic counts were conducted shall be included as background traffic.

3.

Projected roadway volumes resulting from a travel demand computer model of the area.

e.

Project Traffic Generation

The following procedures and information shall be provided:

1.

To determine project traffic generation, the current edition of ITE Trip Generation Report shall be used.

2.

Identify all zoning districts, amount of development and trip rates.

3.

Trip rates may be obtained from studies of comparable sites in the city or using data from previous traffic generation studies, and are subject to the approval of the city.

4.

Any proposed reduction factors for capture of trips between land uses of a mixed use project or for passerby trips shall be provided by the applicant at the methodology meeting and approved by the city.

f.

Project Traffic Distribution

1.

If the project generates fewer than 100 peak hour trips, the distribution can be developed based on those of similar projects.

2.

For any project, manual gravity model distribution can be developed. The travel-time method described in Chapter 3 of ITE Transportation and Land Development may be used.

3.

For any project, computerized distribution models, such as FSUTMS or QRSII, can be developed.

g.

Alternative Demand Calculations

If the applicant claims the standards provided in the demand calculations are not applicable to the proposed project, the applicant shall submit appropriate documentation supporting the proposed alternative demand calculation to the city. Any alternative calculation standard shall be subject to the approval of the city.

(Ord. No. 95-10, § 36-84, 9-19-95; Ord. No. 00-08, §§ 12, 13, 1-9-01; Ord. No. 15-03, § 3, 7-7-15 )