HomeMy WebLinkAbout2007-001ORDINANCE 2007- 0 01
AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA CONCERNING AMENDMENTS
TO LAND DEVELOPMENT REGULATIONS (LDRS); PROVIDING FINDINGS; PROVIDING
FOR AMENDMENTS TO CHAPTER 910, CONCURRENCY MANAGEMENT SYSTEM, BY
AMENDING SECTION 910.07(1)(A) THROUGH (F) TO CHANGE INITIAL DEVELOPMENT
ORDER CLASSIFICATIONS AND UPDATE TERMINOLOGY FOR CHARGES AND FEES;
BY AMENDING SECTION 910.07(2) TO ESTABLISH DE MINIMIS EXEMPTION FOR
CERTAIN SINGLE-FAMILY LOTS AND PARCELS LAWFULLY CREATED PRIOR TO JUNE
18,1991; BY AMENDING SECTION 910.08(2) TO UPDATE TERMINOLOGY AND CHANGE
5 YEAR INITIAL CONCURRENCY TO 7 YEARS FOR PROJECTS WITH SPECIAL
DEVELOPER'S AGREEMENTS; BY AMENDING SECTION 910.09(4)(B) TO CHANGE TRIP
ASSIGNMENT THRESHOLDS FOR 2 -LANE AND MULTI -LANE ROADWAYS, AND
ESTABLISH USE OF FRACTIONAL TRIPS TO TRACK SINGLE-FAMILY ROAD IMPACTS;
PROVIDING FOR AMENDMENTS TO CHAPTER 1000, TITLE X, IMPACT FEES, TO
UPDATE CONCURRENCY REFERENCES; PROVIDING FOR AMENDMENTS TO LDR
CHAPTER 912, SINGLE-FAMILY DEVELOPMENT, TO UPDATE CONCURRENCY AND
IMPACT FEE REFERENCES; PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS;
CODIFICATION; SEVERABILITY; AND EFFECTIVE DATE.
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER
COUNTY, FLORIDA THAT THE INDIAN RIVER COUNTY LAND DEVELOPMENT
REGULATIONS (LDRS) AND TITLE X REGULATIONS BE AMENDED AS FOLLOWS:
PART I: FINDINGS.
It is hereby ascertained, determined, and declared that:
A. Pursuant to Article VIII, Section 1 of the Florida Constitution, and Sections 163.3202, 125.01,
and 125.66, Florida Statutes, the Board has all powers of local self-government and such
power may be exercised by the enactment of County ordinances.
B. In December 2004 and January 2005, the Board of County Commissioners (BCC) discussed a
variety of growth and development issues pursuant to Florida law.
C. In 2006, the County contracted with a traffic consultant and received from the consultant a
comprehensive review of the county's traffic study and concurrency requirements, and a
comparison of those requirements to other local governments.
D. In May 2006, the County held a public workshop to discuss the consultant's findings and
potential changes to county traffic study and concurrency requirements
E. In September 2006, the BCC held a public discussion to consider the consultant's final report
and recommendations from the PZC.
F. On January 5, 2007, the BCC held a public workshop to discuss the draft ordinance.
G. On January 23, 2007, the BCC held a final public hearing on a revised draft ordinance.
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H. This final ordinance codifies the concurrency management system changes that came out of
public discussions, the consultant's study, and the public workshop process.
PART II: AMENDMENTS TO CHAPTER 910 CONCURRENCY MANAGEMENT
SYSTEM, OF INDIAN RIVER COUNTY LAND DEVELOPMENT REGULATIONS
ORDINANCE.
1. Changes to Development Review Concurrency Regulations
LDR Section 910.07(1) is hereby amended to read as follows:
(1) No development order shall be approved unless a corresponding concurrency certificate
has been issued or a determination is made that the development proposed is exempt from
concurrency review.
(a) The various types of development orders and the required corresponding concurrency
certificates are listed below.
Development Order Concurrency Certificate Expiration Vesting Vesting
' Required Allowed Required
1 Comprehensive plan land Conditional Concurrency Not No No
use amendments Applicable
2 Rezonings Conditional Concurrency Not No No
Applicable
3 Conceptual plans Conditional Concurrency Not No No
A licable
4 Preliminary plats and Conditional Concurrency Not No No
preliminary PD plans Aimlicable
5 Site plans Conditional Concurrency Not No No
Applicable
6 Building permits Final Concurrenc 12 months Yes Yes
'Vesting is not allowed prior to building permit application, except that proiects with either
an approved proportionate share agreement, as provided in section 910 12, or projects with
an approved guaranteed developer's agreement for major roadway improvements, as
provided in section 910.07(1)(e), may obtain concurrency vesting Vesting for such projects
shall occur concurrent with approval of the applicable proportionate share or developer's
agreement and payment of applicable fees. Said vesting shall be allowed for a period of 7
(seven) years. For projects without such agreements, vesting shall not occur until building
permit application, and site plan (land development permit issuance for planned development
Projects) or final plat approval, if applicable.
2Upon issuance of a building permit, the final concurrency certificate shall remain valid for as
long as the building permit is valid.
(b) No concurrencv certificate shall be issued unless there is sufficient capacity available to
maintain adopted levels of service as provided in section 910.09.
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(c) Prior to issuance of a development order, the community development director or his
designee shall make a determination that concurrency requirements are satisfied for the type
of development order under review.
(d) Whenever a proportionate fair share agreement consistent with Section 910.12 is executed
and other concurrency requirements specified in the agreement or in Section 91012 are
satisfied, the development project which is the subiect of the proportionate fair share
agreement shall be vested with a seven (7) year initial concurrency certificate regardless of the
development order stage of the proiect.
(e) Whenever a non-proportionate fair share developer's agreement is executed by an
applicant and that developer's agreement commits the applicant to construct major capacity
producing transportation improvements, the applicant's project may be vested for
concurrency with a seven (7) year initial concurrency certificate if the Board of County
Commissioners finds that:
1. the applicant's proposed improvements will provide significant benefits to the
transportation system, and
2. all other concurrency requirements, including payment of all applicable impact
fees and capacity charges as well as demonstration of available capacity on all
impacted links and in all applicable concurrency facilities, are met
For purposes of this provision, a "major capacity producing transportation improvement"is a
proiect which adds travel lanes to an existing roadway or a corridor and expands the capacity
of the roadway or corridor by at least 25% (twenty-five percent)
(f) Determinations of exemption from concurrency review shall be made by the community
development director or his designee. Exemptions may be based on vested rights
determinations, application of de minimis criteria, or determinations that there will be no
increase in density or intensity. Appeals of determinations shall follow the procedures of
section 910.05.
(1) A valid eenetiffeney eei4ifieate must be obtained prior-te the approval of the fellewin'—,.
petential density and intensity ef uses of land. Gefietiffeney review at this stage is a gener-al
proposed prejeet. Wher-e the proposed pr-ejeet is a neft PD (planned development) rez i
eempr-eheasive pla-n amendment, the eenettfr-eney impaet assessment will be based eft thp, &411nw-i
e
For Vr-a*p
gado. ti-;11 tua (Maximum ,,.bef of S NI
cvrrcv"prcrca �l.i.an.ai.uaaaor-
r. �. t o, residential tnts allowed Yvi aviv based
uponthe
YivYv.av iiaab��v��i'�--land ruc-i
dAA^sYig en) x Total Prep + ty
Y'7ceFes
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v
General neral avaa"'e alor- efflee (10,000 sq. A of g sssfloor--uEFe
eeneeptual , Yva uviv va ivc
e of retail al) v
t
cAipr-e iye p! Total Dre„e „ A eyes
unre encs—to E�:TthoP� r►
,
O_MED, GN, rrG
7 zr�Q
Heavy evriairerei-Alf —vr (20,000 sq. ft. of-gfes r leer-are
„du.��aaua strial ept„a1 eats7 Caere of general indusciTul) x
as
or-rezening- to CH, r� Total Dr„„or y A„res
approval,
the impaet assessment iwill be based upen thewill be issued tmiess the applieant has a valid
7
or- initial eeneuffene
Coneeptualdevelopment •
1. CeWr-ehefisive plan land use afnendments;
2. Rezoning pefitiens.,t
3. Geneeptual pFejeet approvals;
4. Prelifninafy plats and preliminary PD plans.
(b) Initial devel-opment order, These are development er-der-s w-hieh eenstitute
appr-eval and allow fnr� Fb building r..,,'t 1' t _ t
rr v vuaaaa __
of ,le„e,e„„.,eat , relatieland-development pew-No initial-development
order-will issued be ,l „„luaaavess a of t e F lle a th f a /2\ it, ..tisfi 1.
vv u
the pei4ie''vai of a pprejeet for- whi h initial development order- appr-ova
Sought
2. The appheant has applied fer- an initial eeneuffeney eet4ifieate, an
the pFejeetc , and the—enly pends 3gTegcnreli�Pat erzosuanee—o an inicrul
eeneaYFeneU eeftlfie ti t1, Y J t F YY a1'vu1.1 t fF: t fees .l
J
utility impaet Approval shall be eet to a vvu�s,1'a L,t' tt 71 appli
L,1
*
appr-eval shall be paid within ninety(90) days of site plan appr-eval or-prior-to
site u
plan, release, �..1+ivel+ev„ere lr
s first ail„re to p thep1:..able tr_1`G_
Y
and utility fees by the deadline shall autefna4ieally tefminate site p!
utilities a reserved f the t
rr iur ueitac,
r the ,.,onion of a r.reeet er- w-hkC�h initial developmentorder- approval is-
sought.
3. The appheant signs a fefm, provided by the 7
in whieh the appli
aeknowledges thav
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-For- subdivisions and plats as well as multi phase site plans and planne
developments, fie will building ;t ;11 be ed F ,.11or- any -a
- __n _rat--
Y avaa�o
prrl A1Pat unless nuntil the1' + tt,v uYYaa1'vuit' bt
r ,� yy
iftitial and final «t;fie to for- t1, pr-ojeet «t' f the
C�iiFHi�eliF��Eer=rrrcccccz -crror-
nrninet f.,,....1.;..h u building„o....,;t; sought.
y � avaa
-`osingle sem-sitz—plans and eeffffnefeial or- rfamily Plan
Developments (PDs), the site plan will not be released for- all er- any peftie
Elfthe pr-ojcrt-tmi ss and t till an initial/final eeneuffeney eE'mfieate is
obtained fur the pfojeet o Y +-t' t, Y J e" for ob.f tt ' 1, t 1 release
r
is Sought.
Fut ror-o, the «7'.• „�rA,—sir—C'meeu ing the efm r-efereneed above, shall
aeknewledge that the eounty does not guaFapAee tha4 adequate eapaeity will exist at
the time when the applicant or theYY 1' t's ouvvv 1, t apply for-
ebtain a eenetiffeney oelfifieate. The aoo`v'er-eicreneed aekne ledgelfkeHtfefffi s
be nrnnerl.>� t d d Feeer-ded in the India River r,.0 _.publie lie _r-ds L_. the
r r
ewner�appheaat prior-to site plan approval.
Eer- subdivisionr-ejeets,-the-above- -efer-enced-aeknewledgement shall be
be f ro ^ land development Y num=t land development Yvaaa t d, d
fiff4hef ineer-per-ated as a general note on the faee ef the final plat.
In ti l development orders; el d
a. Site plans (ineluding site plans fer-developments of regional 5
(subuiyis ens and planned developments); d
e. Ch - . that iner-ease density eF intensity ef development.
eenstruetroar-of a new building, )f existing building,, inefease in
intensity o€ use, er- ehange—a€-4tse��hiehrequir-es—a new CO (eer-tifreate e€
eeettpaae5q. The final develepment or-def will be issued as a building pe
r,,,,,.tiffeney detefmination is atttem—atie-ut+d4is stage for- a d 1 t having
initial development er-der- if the appheatien meets the of seetcren
910.08(l) and if the appheant has a valid initial eeneuffeney eei4ifieate. Any
development order- sue assn single f 1J "1. 'ld' ab L.t ' 1, does t
initial deyel..•p _er-Ee will not be issted-'a' tr it the appixeantraequir-eo a-final
vvoi4if;e to
ii`� o ,
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(b) E*isfing nep&esidenfial buildings to be modified, altered, or- repaired unless th-e
medifieatien will ;se-sq e-€9otage-and iner-easetheintensity of use. Nkeme
existing YivjBets (residential e ; 7e,ti l\ seek expansien t ,;,b „11
the ,+,b e- of.7...011;ng , ,,;ts e e f etage f .7 t' 1 4 1 the
�aav uuauvva va urrvuuab roar o ,
net a#1P, o shall be s„L eet to eenettffeney 0 0
(e) Vested final subdivision plats to be fnedified unless ffiedifieatien er-eates addifien
let_
(d) Developments with a final develepfnen4 order-pr-eeeeding te eempletion;
(e) ReplaeefaefA ef existing residential units tmiess ther- ;'lase in numbef e
;tc and
(f) Any develepment orders, ineluding land use ameadments and r-ezenifig
,
whieh de net ; e density e intensity of
2. De minimis Exemption for Certain Single-Family Lots and Parcels Lawfully Created
Prior to June 18, 1991.
LDR Section 910.07(2) is hereby amended, to read as follows:
(2) The following are exempted from concurrency review:
(a) Projects which have a vested rights determination pursuant to section 910.03;
(b) Existing nonresidential buildings to be modified, altered, or repaired unless
the modification will increase square footage and or increase the intensity of
use. Where existing projects (residential or nonresidential) seek expansion
which will increase the number of dwelling units or square footage for
nonresidential projects, only the net increase or expansion shall be subject to
concurrency review;
(c) Vested final subdivision plats to be modified unless modification creates
additional lots;
(..) Lvvvavraaavaats with u ,
(e)(d) Replacement of existing residential units unless there is an increase in
number of units; aPA
(f)(e) Any development orders, including land use amendments and rezoning
applications, which do not increase density or intensity of use-.Land
(f) Permits for single-family homes deemed as "de minimis" under Florida
Statutes 163.3180(6). This exemption shall apply to the permitting of a
single-family home on a lawfully created lot or parcel of record that is
not subiect to a plat notice which states that there is no guarantee of
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concurrency for development of the lot. This de minimis exemption will
not apply where the impacts of the proposed home will exceed the
adopted level-of-service standard for any affected designated hurricane
evacuation route. Designated hurricane evacuation routes are:
1. 17th Street from SR A-1-A to US Highway 1
2. SR60
3. Indian River Blvd from the Merrill Barber Bridge to SR60
4. CR510
5. CR512
6. US Highway 1
7. Interstate 95
Applications for exempted single-family homes will be processed through the
county's concurrency management system (CMS), and a concurrency certificate
shall be issued for exempted homes.
Exemption from concurrency review shall not affect any obligation to pay
applicable impact fees and utility capacity charges.
3. Update of Terminology, Change of 5 Year Initial Concurrency to 7 years for projects
with Special Developer's Agreements, and Modifications to Submittal and Issuance
Procedures.
LDR Section 910.08(2) is hereby amended, to read as follows:
(2) In order to ensure that the capacity of various public facilities is available concurrent
with the impact of the proposed development, the review of all concurrency
applications shall be based upon the following criteria:
(a) Conditional concurrency determination. A conditional concurrency certificate is a
determination that sufficient capacity to accommodate a given development
proposal is available at the time of the determination. A conditional concurrency
certificate shall be issued prior to approval of used to satisfy the eenettffene-
_� -at for-the following types of development orders:
• Comprehensive plan land use amendments
• Rezonings
• Conceptual plans
• Preliminary plats and preliminary PD plans
• Site plans
development AYder-s. eenditional t
� 4i f uvut v mayb issued fer- 11
uuvvv.t...v==t r==u.uvu vi u==aux ,
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A conditional concurrency certificate will indicate that the facilities and services are
available at the time of issuance of the conditional concurrency certificate but may
not be available at the time of any subsequent concurrency review. A finding of
eenetiffeney esul a eviewat t�stage Issuance of a conditional
concurrency certificate shall not be construed to guarantee the availability of
adequate facilities at the time of building permit applications or land development
permit applications the initial eY final development e,-,le,
1. A conditional concurrency certificate issued in conjunction with the review
of a proposed development order type specified above shall be considered
valid for purposes of approving the associated development order. N tiee is
given to the L„«1ea1t 11the a eptu l development order- + indieate that tt
eenditional E6netiffeney eeAifieate—does--not eeastittAe—afiii£l eeneufFefle
eei4if VLte an that one (1) e eeei4if.aces ,:11 subsequently be
2. A conditional concurrency certificate may be issued with a condition
identifying off-site improvements necessary to meet an adopted level of
service and the cost-feasible mechanism for implementing the necessary
improvements.
The apphapply for- a—eendifiena-eeneti f'eney eeirfrea4e—oily rl}
tie„ with a developmentorder appheation.. At any time, the appheent-has tie
option to apply fef an initial eeneuFfeney eeffifieate and pay the appheable impaet
fees in order- ereserve-Eapae.ty. Approval of an initial NeTGRTGItycGt4TifIGLt
. iVr
pfepei4y whieh does net have appfepr-iate eempr-ehensive plan land use designat
and zoning designation does not-eenst;�ute a vesting-eights. H i - ed
eapaeity and an approved-eenc-»eney eeftif=sate shall not-Eenstitut a �
a of -e,t:t:en a ,.e1.ensiye ,.la !a-n 1use a t
LLYYiv.ul Vi u avwuuig YvLaLaVll vi e ,
3. Prior to issuance of a conditional concurrency certificate, the applicant shall sign
an agreement with the county indicating that the applicant understands that the
conditional concurrency certificate does not guarantee the availability of facilities
at the time of the final concurrency review. The county will not reserve capacity
and will not be liable if capacity is not available in the later stages of the review
process.
4. Where the proposed project is a non-PD (planned development) rezoning or
comprehensive plan amendment, the concurrency impact assessment will be
based on the following criteria:
For Project's Intensity Measured B
Residential conceptual projects, (Maximum number of SF or MF
residential rezonings, or residential units allowed per acre based upon
land use amendments the proposed zoning or land use
designation) x Total Property
Acres
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General commercial or office (10,000 sq. ft. of gross floor acre
conceptual projects, comprehensive per acre of retail commercial) x
plan amendments to C/I without Total Property Acres
rezoning, or rezonino to PRO,
OCR, MED CN CL CG
Heavy commercial or industrial (20,000 sq. ft. of gross floor area
conceptual proiects, or rezonings to per acre of general industrial) x
CH IL IG Total Property Acres
For conceptual plans, the conditional concurrency determination will be
based upon the development parameters of the conceptual plan (includes PD
rezonino).
(b) Initial Concurrency Determination. An initial (or an initial/final) concurrency
certificate is a determination and guarantee of availability of adequate capacity
detefmuina4 .i fie e detan ati for g'` o proposaland/of
approved development project with an approved proportionate share agreement
as provided in section 910.12 or an approved guaranteed developer's agreement
for maior roadway improvements as provided in section 910.07(1)(e). Initial
concurrency certificates vest capacitv for the duration of the certificate. All
applications for an initial concurrency certificates shall expire if applicable impact
fees and capacity charges are not paid and department approvals are not
obtained within twelve (12) months from the date a complete application is
received by the planning division. All applications will be subject to review
according to the provisions of sections 910.08, 910.09 and 910.11 of these
regulations, abse„+ a previous finding ofeeneu o ste„A withthe provisions
of seet o 910.08(i). Prior to approval and issuance appr-eval of a certificate of
initial concurrency, the applicant must satisfy reviewing departments'
requirements and pay all impact fees and utility capacity charges associated with
the improvements allowed by the certificate of concurrency.
1. Initial concurrency certificates associated with approved proportionate
share agreements or guaranteed developer's agreements as referenced in
section (b), above, are Cc neuffeney detefmination a4 this stage is valid for one
(4} seven 7 years after approval.
extended td to five «` years At the time of initial concurrency application
endev
submittal, the applicant shall signs a waiver of rights for the refund of tra€€E
impact fees and utility capacity charges in emehange for ego the initial-7
concurrency certificate.
i4ppli£ ions l eenetiFFeney eei4ifieate-ca-n be made at any- ' • they a
not have to be , eete a to ., speeifie pr-eje..tor-pr-ejeet appheatie
2. Prior to expiration of an initial concurrency certificate, the developer may
apply for a new initial concurrency certificate subiect to the application
process provided herein. In such circumstances, the county shall not accept
the new application more than 30 (thirty) days in advance of the original
certificate expiration.
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Conditions pei4aining to the phasing and timing ef a proposed development may
ineludcd in a-finding-ef eenetiffeney -€er—thedevele t. r ettffeaey
deteFminatien for- all phases ef a development must fneet all the fequir-effiefAs of this
ehaptol 11V1H41 lg time f-ame. for-validity offen,tiffon,y eet4ifieate.
Any initial development-eFder ineluding a phased prejeet approyedbefer-e th-e
ene (1) year- after approval of this ehapter-. Subsequent phases of the pr-ejeet are
subjeet to eeneuffeney detefminatienreview after September- , 1991-.
(c) Final Concurrency Determination. A final concurrency certificate must be obtained
prior to appreval issuance of a final development orae building permit for:
• a new building or residential unit
• expansion of a use
• increase in the intensity of use.
Ne f.n»l r,,.K. oley eeFtlue uto u"p1e tie will be aeeeptedf
tr-a€fe impact analysis er- trafie impcaet statefnen4 imicsa--an initial eeneuffene
eei4;fie to has been obtained.
No final concurrency application will be accepted unless and until the associated
building permit application is filed.
1. In order to obtain a final devel„H. en4 , r-de,-, building permit for a new
building, expansion of a use, or increase in the intensity of use, the
applicant must have a valid final concurrency certificate. A"en If an
application for a final concurrency determination is submitted while the
initial concurrency certificate is valid, then the capacity will have been
reserved and the issuance of the final concurrency certificate is automatic.
After- expiration of the initial eeneuffeney eet4ifieate, the appheant must
reapply for- an initialeeneuFfene), eei4ifieate-or- for---afinal eeneurefle
eet4ifieate. If the amount of the tr-a€€ie impact fees liabilit associated with the
improvements represented by the initial concurrency certificate increases
before the final concurrency certificate is issued, the applicant must pay the
additional increment. A final concurrency detemination certificate is valid
for-six )-twelve (12) months from approval. While the final eenetffene)
mate is valid, thP-applieapA must obtain-a-building peFmit. The final
eenc-»eney eer-tifieate-then will be vali . Upon issuance of the building
permit, the final concurrency certificate shall be valid as long as the
building permit is active.
2. Building permit applications for single-family residences shall be evaluated
to determine if adequate capacity is available to meet adopted levels of
service for the concurrency components specified in 910.09. No building
permit shall be issued for a single-family residence not vested for
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concurrency or exempt from concurrency as provided in section
910.07(2) unless adequate capacity is available to meet adopted levels of
service for the concurrency components specified in 910.09. shallbe
reviewed based-en-the mquir-ement that null„ ,,,1eqtia4 e f,.;1;t:es ,st be
available—eensistelii4--with--the—adopted level of sery iee standards an(�
requirements established in the eemprehen sive plan.. For eene-tiffeti y r—ev
for- single family residential-peFmits-and site-plan�approvals, some
geegr-aphieal areas-e€the pr-e approvedspeeifie time
for-speeifie f4eilities-ersenzees. The-eeneuffeney eertifie-ate-for-a
single family resi enee will be issued in te., (1 0) , king days-.
.,...b... i,.,.. .) .w.�ay.ivv •.iii vv
5. Update of Traffic Impact Information Requirements and Use of Fractional Trips to
Track Single-Family Road Impacts.
LDR Section 910.09(4)(b) is hereby amended, to read as follows:
(b) Transportation demand. The demand €er on each roadway segment shall be
determined by adding together:
1. The existing peak season, peak hour, peak direction volume for the
segment;
2. The projected peak season, peak hour, peak direction volume for the
segment created by the anticipated completion of other approved
developments for which initial or final concurrency determination
certificates have been approved and the projected demand anticipated
by completion of other vested development projects; and
3. a}-The projected peak season, peak hour, peak direction volume that
€er the segment is expected to receive upon completion of the
development proiect under consideration for concurrency
approval. (if the segment; e eete,l to reeeiv_e
a) For development proiects such as subdivisions, planned
developments, and site plan developments, the project's volume
for the segment shall be based on an approved traffic study. That
study shall assign trips on the county's thoroughfare roadway
network within the project's area of influence. That area of
influence shall consist of roadway segments that receive from the
project eight (8) or more peak season/peak hour/peak direction
trips for a two-lane roadway or fifteen (15) or more peak
season/peak hour/peak direction trips for a four-lane (or wider)
roadwa five (5) o,-eent o � o f eet trips) er-ea4ed 1. t1.
l 1 Yv.vvai� :iviv vi �,�'�
anticipated eempletten--of the proposed develepment tmder
eensider-a4ien for- initial e,- final „eneuffeney ,1ete.....in t:e. L final
eenett"eney
.tete .,t'!,
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b) €For individual single-family dwelling unit concurrency
determinations, the projected volume for the segment shall be the
fractional trip wed assigned to the segments based on the
appropriate approved traffic study for the overall parent
development project (subdivision, planned development, site plan
development) or determination of the Traffic Engineer for single-
family homes proposed in projects for which no traffic study was
required. will be limited to the most dir-eetly aeeessed segment
6. Update of Traffic Impact Information Requirements and Clarification of Applicant's
Option to Decrease Intensity(Amount) of Concurrency Request
LDR Section 910.11(1) is hereby amended to read as follows:
(1) Transportation.
(a) [Generally.] Proposed developments seeking the issuance of a concurrency
determination certificate shall be evaluated by the public works department and
community development department in terms of potential development generated
traffic impacts on those segments serving said development. A determination shall
be made as to whether or not sufficient service volume is available to support said
development at or above the adopted level of service for the impacted segments.
Such a determination shall be made through the utilization of the following
information produced by the Indian River County Public Works Department and
Community Development Department:
1. An inventory of all arterial and collector roads, including, at a minimum, the
following data for each segment on each road:
a. Existing peak hour, peak season, peak direction (design hour) volume
based upon traffic counts or assumed volumes, the existing level of
service designation, existing—sen4ee volumeTeserve and available
capacity based upon the segment's adopted level of service;
b. Additional capacity to be added through the
construction/implementation of roadway improvements for which a
funding commitment has been included in the county capital budget,
or which are guaranteed in an enforceable development agreement
which satisfies the requirements of section 910.09(4)(a) 1 and 2;
C. Traffic volume projected to be added by approved development
having an initial or final concurrency determination certificate or
vested pursuant to the terms of this chapter.
2. A trip distribution/assignment table for the entire development project (all
phases) which will be used to identify those segments which can be expected
to receive at least eight (8) or more peak season/peak hour/peak direction
project trips for a two-lane roadway or fifteen (15) or more peak
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season/peak hour/peak direction proiect trips for a four-lane (or wider)
roadway. five (5) per-cent of the averagealytfaffiegenerated b
development, de.r. Eeasideratierr. -For phased proiects, individual proiect
phases shall be evaluated as set forth in 910.11(1)(b) below.
3. Information regarding the proposed application for which issuance of a
concurrency determination certificate has been requested shall be provided by
the applicant, subject to verification by the public works department and
community development department, and shall contain at a minimum:
a. Project location;
b. Type and quantity of proposed land use(s), including but not limited
to number of dwelling units, and square footage for nonresidential
uses;
C. Project phasing; and
d. Traffic impact analysis (TIA) or traffic impact statement (TIS), as
required by Chapter 952, Traffic.
(b) Concurrency analysis. The public works department and community development
department shall be the agencies responsible for determining whether adequate seiiEe
volume capacity is available to support expeeted develepmepA generated traffic expected
from a given proposed development such that a finding of concurrency may be rendered.
Using the information inventoried pursuant to section 910.11(1)(a) above, expected
development generated traffic shall be assigned to those two-lane roadway segments
identified as receiving at least eight (8) or more peak season/peak hour/ peak direction
trips and those four-lane (or wider) roadway segments identified as receiving fifteen
(15) or more peak season/peak hour/ peak direction trips five (5) per-eent ef the aver-age
daily generated by the development under consideration pursuant to section
910.11(1)(a)2 above. The community development department will review all and assign
trips to segments traffie eeneufFeney deteffflina4ien appheatiens for all individual single
family es es residential traffic concurrency determination applications. Trips for
individual single-family concurrency determinations shall be assilmed as provided in
910.09(4)(b)3. and minor- site plans. Single family tmit appheatiens will be evaluated enly
single family pefmits will be assigned to roadway links en a quai4er-ly basis. Gen:hmunit�
Traffic Engineering Division d me.n.t staff will review and assign trips to
segments for all projects generating less than one hundred (100) average trips ends per day
For larger projects generating one hundred (100) or more average trip ends per day, the
applicant shall submit a traffic impact analysis (TIA) or traffic impact statement (TIS).
Based on this TIA or TIS, the public works department will assign trips to roadway
segments. The community development staff will update the database as a concurrency
determination certificates are i-s issued.
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Trip generation, trip assignment, area of influence, and level of significance for each
individual phase of a multi-phase project shall be based on the traffic study of the
entire multi-phase (all phases) project. Accordingly, the traffic study for an individual
phase of a multi-phase proiect shall reflect the individual phase's proportioned share
of total (all phases) proiect traffic.
if the data equirements-deser-ibed-in see ien 910.1 1(1)(a)1. thfoug, 910.1 1(1)(a)3. are not.
available in their- entifety at the time the eeneuffeney deteFmination appheation is being
VV11s1..vl vaa, the iVy'..:11 VL1 4LLLLL 1114,' be provided by the appheant su-bjeet to o
vV Nll L,' pL4V11V wV 11lJ 11 L/1.l L41 L111V11L A31
d eenmiunity development depaAffient.
In the event that development generated traffic assigned to one (1) or more of the roadway
segments exceeds the available ser-vi e .,,.1umer-esefve capacity, the r-epeA issued by the
eetinty publie works depaAment an community development department tothe
,,.dinating a shall iden4i fy the s eei fi. e m stare es s .,ding eaeh eeewTenee
notify the applicant that a concurrency certificate may not be issued. In such a case, the
applicant may choose to decrease the intensity of his development to reduce and asse.;.,*ad
demand to or below the level of available capacity, or initiate an agreement to expand
capacity as provided in Chapter 910.12. If the applicant chooses not to amend his or her
request er and chooses not to initiate an agreement, then the concurrency application shall
be held until it expires. denied the eeneuFreney ae*o,..,,inat;,,., ,.o.4;fieate shall be dens a
PART III: AMENDMENTS TO CHAPTER 1000, IMPACT FEES
1. Title X Concurrency Reference Update
Title X Section 1000.15(1) is hereby amended, to read as follows:
(1) If a building permit or an initial one-year concurrency certificate is revoked, expired,
or is withdrawn, then the feepayer, successors or assigns, shall be entitled to a refund
of the impact fees paid with interest as a result of its revocation, expiration or
withdrawal, except that the county shall retain a fee established by resolution to
offset the costs of refunding. Impact fees paid in conjunction with an initial fWe
seven-year concurrency certificate cannot be refunded, however, any such impact
fees paid will run as a credit with the land.
PART IV: AMENDMENTS TO CHAPTER 912 SINGLE-FAMILY DEVELOPMENT
1. Concurrency Reference Update
LDR Section 912.11(2) is hereby amended, to read as follows:
(2) Applicability. Concurrency approval, granted upon issuance of a concurrency
certificate, is required when a new single-family home is constructed.
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(a) A "final concurrency certificate" shall be obtained prior to issuance of a
building permit.
(b) A separate application and review/approval process is established for
concurrency certificates.
(c) Due to the length of concurrency review, applicants for single-family home
construction are urged to apply for a concurrency certificate prior to applying
for a single-family building permit.
(d) Impact fees and applicable utility capacity charges shall be paid prior to
the issuance of a concurrency certificate.
(e) No single-family building permit application will be accepted for review
unless either a concurrency certificate has been obtained or applied for.
Specific regulations and procedures regarding concurrency requirements are contained in
Chapter 910, Concurrency Management System.
2. Impact Fees
LDR Section 912.12 is hereby amended, to read as follows:
County impact fees and applicable utility capacity charges are required at the time of
building permit issuance, unless such fees have been previously paid If impact fees have
increased between the time of previous payment and the time of building permit
application, the applicant must pay the increment prior to building permit issuance.
When impact fees are required, no building permit shall be issued until the fees are paid.
(1) i-af a impact fees-(T�riT.'s) afe Fequir-Pd-enly when a new home • + ,7
Impact fees are also required for expansions to existing homes when such
expansions cross either of the following size thresholds:
• from less than 1,500 sg. ft. under air to 1,500 sg ft or greater, or
• from 1,500-2,499 sg. ft. under air to 2,500 sg ft or greater.
Credit can be given if the new home is replacing an old home that located on the
same parcel. The fees is are based upon a fee schedules adopted by the board of
county commissioners_ whiet.—AIrPs,. nteaeeewh_Fw-_re,�t,_eheme is lee-ated. The
+y s divided e,7 + ��-tr-a fi aetfee distltCts. The T T S varies fiem
distr-iet to distr-e+ Specific regulations for impact fees are contained in Chapter
1000, Title X, Impact Fees. Fair -e Rea T +
y- 7 J r v v vZl[v1iT.T
(2) Utilities iai p=PRet fees capacity charges for water and sewer service hook-up can
apply to new home construction or instances where an existing home is being hooked
into water and/or sewer services (voluntarily or involuntarily).
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PART V: GENERAL PROVISIONS.
SECTION ONE: SEVERABILITY.
If any clause, section or provision of this Ordinance shall be declared by a court of competent
jurisdiction to be unconstitutional or invalid for any cause or reason, the same shall be eliminated
from this Ordinance and the remaining portion of this Ordinance shall be in full force and effect and
be as valid as if such invalid portion thereof had not been incorporated therein.
SECTION TWO: REPEAL OF CONFLICTING ORDINANCES.
The provisions of any other Indian River County ordinance that are inconsistent or in conflict with
the provisions of this Ordinance are repealed to the extent of such inconsistency or conflict.
THIS SPACE INTENTIONALLY LEFT BLANK
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ORDINANCE 2007- 001
SECTION THREE: INCLUSION IN THE CODE OF LAWS AND ORDINANCES.
The provisions of this Ordinance shall become and be made a part of the Code of Laws and
Ordinances of Indian River County, Florida. The sections of the Ordinance may be renumbered or
relettered to accomplish such, and the word 'ordinance" may be changed to "section", "article", or
any other appropriate word.
SECTION FOUR: EFFECTIVE DATE.
This Ordinance shall take effect on March 1, 2007.
Approved and adopted by the Board of County Commissioners of Indian River County,
Florida, on this 23rdday of January 2007.
This ordinance was advertised in the Press-Journal on the 21 st day of november
2006, for a public hearing to be held on the 23rd day of January , 2007, at which time
it was moved for adoption by Commissioner Davis , seconded by Commissioner
Bowden , and adopted by the following vote:
Chairman Gary C. Wheeler Aye
Vice Chairman Sandra L. Bowden AyP
Commissioner Joseph E. Flescher Aye
Commissioner Wesley S. Davis Ave
Commissioner Peter D. O'Bryan Nay
BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY
Gary C. eeler, Chairman
ATTEST BY:, T��`•- 'Aao-�-�� �c�� �'�ll�
t-s-/•Jeffrey K. Barton, Clerk
This ordinance was filed with the Department of State on the following date: F ' 7 2W
and is to take effect on March 1, 2007. '
APPROVED AS F�kM AND LEGAL SUFFICIENCY
�If illiam G. ollins II, County Attorney
APPROVED AS TO PLANNING MATTERS
f
c
Robert M. Keating, AICD C mmunity Dev opment Director
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