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6/10/1997
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6/10/1997
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Meetings
Meeting Type
Regular Meeting
Document Type
Minutes
Meeting Date
06/10/1997
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accommodate the demands of new development. Previously, state <br />law required that a roadway improvement necessary to serve a <br />development project either be in place or be under <br />construction prior to issuance of a development order (e.g. <br />building permit) for a project needing that improvement. <br />Besides those transportation concurrency provisions, state law <br />also allowed issuance of a development permit for a project, <br />where roadways impacted by the project would not maintain <br />adequate service levels, as long as the needed roadway <br />improvements were guaranteed by an enforceable developer's <br />agreement or an executed contract to be under construction <br />within one year of development order approval, or were <br />included within the first three years of the local <br />government's or FDOT's five year capital improvements program <br />with the condition that minimum level of service standards for <br />the roadways be maintained. As amended, the state concurrency <br />law now allows local governments to approve development <br />projects where existing roads are inadequate to accommodate <br />additional development, but where necessary roadway <br />improvements will be under construction within three years of <br />issuance of a certificate of occupancy for the development <br />project. <br />The major difference between the previous state law and <br />current law is this: under the previous law, a local <br />government could approve a development project even if <br />adequate roads to serve the project were not in place if the <br />local government had requirements to ensure that adequate <br />roads would be in place when the project's impacts occurred. <br />Under present state law, a local government may approve a <br />development project, where adequate roads to serve the project <br />do not exist, even if the needed roadways will not be under <br />construction until three years after issuance of the <br />development project's certificate of occupancy --with no <br />requirement to maintain minimum acceptable levels of service. <br />To take advantage of the more flexible state concurrency law <br />the Board of County Commissioners, in 1996, amended the <br />concurrency management plan component of the capital <br />improvements element of the comprehensive plan. Those <br />amendments involved modifying the timeframe allowed for <br />commencing construction of a needed roadway facility. The <br />adopted plan amendment changed that timeframe from one year <br />after development order approval (building permit issuance) to <br />two years after issuance of a certificate of occupancy for the <br />project. Also modified was the county's capital improvements <br />plan which now lists committed commencement and completion <br />dates for certain critical roadway projects. The proposed <br />land development regulation amendment would update Chapter <br />910, Concurrency Management System, to reflect the 1996 plan <br />amendment. <br />*Proposed Concurrency LDR Changes <br />The portion of Chapter 910 being modified parallels the plan <br />amendment. The Chapter 910 change would allow for approval of <br />a development project where adequate capacity to accommodate <br />the project does not currently exist with the requirement that <br />"delayed construction" of certain capacity improvements occur <br />under the following conditions: <br />23 <br />June 10, 1997 6001K 1 1 PAGE711 <br />
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