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HomeMy WebLinkAbout2008-0022008- 002 AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA CONCERNING AN AMENDMENT TO LAND DEVELOPMENT REGULATIONS (LDRs), PROVIDING FINDINGS; PROVIDING FOR AN AMENDMENT TO CHAPTER 910, CONCURRENCY MANAGEMENT SYSTEM, BY AMENDING DEVELOPMENT REVIEW SYSTEMS SECTION 910.07, AND BY AMENDING DETERMINATION OF CONCURRENCY, GENERALLY SECTION 910.08, BY 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) BE AMENDED AS FOLLOWS: SECTION #1: Section 910.07. Development review system. (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. 'Vesting is net allowed ; :.' . ::: .• : : for projects 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), :::'AL . - - •• - ah - Vesting for sueh projects with agreements for proportionate share or major roadway improvements 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. Vesting for site plan projects may occur upon approval of a site plan and payment of applicable fees including impact fees and capacity charges. Said vesting shall be allowed for a period of 1 (one) year or 3 (three) years. For residential projects without witheut-suth-egfeements that require issuance of a land development Bold Underline: Additions to Ordinance 1 Strlk-e4hr-ettghi Deleted Text from Existing Ordinance F:\Community Development\Users\CurDev\ORDINANCE\2008\2008- 910 (1-8-08BCC).RTF Development Order Concurrency Certificate Required Expiration Vesting Allowed Vesting Required 1 Comprehensive plan land use amendments Conditional Concurrency Not Applicable No' No 2 Rezonings Conditional Concurrency Not Applicable No' No 3 Conceptual plans Conditional Concurrency Not Applicable No' No 4 Preliminary plats and preliminary PD plans Conditional Concurrency Not Applicable No' No 5 Site plans and land Conditional Concurrency Not Applicable N&l-Yes' No development permits 6 Building permits Final Concurrency 12 months2 Yes Yes 'Vesting is net allowed ; :.' . ::: .• : : for projects 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), :::'AL . - - •• - ah - Vesting for sueh projects with agreements for proportionate share or major roadway improvements 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. Vesting for site plan projects may occur upon approval of a site plan and payment of applicable fees including impact fees and capacity charges. Said vesting shall be allowed for a period of 1 (one) year or 3 (three) years. For residential projects without witheut-suth-egfeements that require issuance of a land development Bold Underline: Additions to Ordinance 1 Strlk-e4hr-ettghi Deleted Text from Existing Ordinance F:\Community Development\Users\CurDev\ORDINANCE\2008\2008- 910 (1-8-08BCC).RTF 2008- 002 AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA CONCERNING AN AMENDMENT TO LAND DEVELOPMENT REGULATIONS (LDRs), PROVIDING FINDINGS; PROVIDING FOR AN AMENDMENT TO CHAPTER 910, CONCURRENCY MANAGEMENT SYSTEM, BY AMENDING DEVELOPMENT REVIEW SYSTEMS SECTION 910.07, AND BY AMENDING DETERMINATION OF CONCURRENCY, GENERALLY SECTION 910.08, BY 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) BE AMENDED AS FOLLOWS: SECTION #1: Section 910.07. Development review system. (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. 'Vesting is net allowed ; :.' . ::: .• : : for projects 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), :::'AL . - - •• - ah - Vesting for sueh projects with agreements for proportionate share or major roadway improvements 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. Vesting for site plan projects may occur upon approval of a site plan and payment of applicable fees including impact fees and capacity charges. Said vesting shall be allowed for a period of 1 (one) year or 3 (three) years. For residential projects without witheut-suth-egfeements that require issuance of a land development Bold Underline: Additions to Ordinance 1 Strlk-e4hr-ettghi Deleted Text from Existing Ordinance F:\Community Development\Users\CurDev\ORDINANCE\2008\2008- 910 (1-8-08BCC).RTF Development Order Concurrency Certificate Required Expiration Vesting Allowed Vesting Required 1 Comprehensive plan land use amendments Conditional Concurrency Not Applicable No' No 2 Rezonings Conditional Concurrency Not Applicable No' No 3 Conceptual plans Conditional Concurrency Not Applicable No' No 4 Preliminary plats and preliminary PD plans Conditional Concurrency Not Applicable No' No 5 Site plans and land Conditional Concurrency Not Applicable N&l-Yes' No development permits 6 Building permits Final Concurrency 12 months2 Yes Yes 'Vesting is net allowed ; :.' . ::: .• : : for projects 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), :::'AL . - - •• - ah - Vesting for sueh projects with agreements for proportionate share or major roadway improvements 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. Vesting for site plan projects may occur upon approval of a site plan and payment of applicable fees including impact fees and capacity charges. Said vesting shall be allowed for a period of 1 (one) year or 3 (three) years. For residential projects without witheut-suth-egfeements that require issuance of a land development Bold Underline: Additions to Ordinance 1 Strlk-e4hr-ettghi Deleted Text from Existing Ordinance F:\Community Development\Users\CurDev\ORDINANCE\2008\2008- 910 (1-8-08BCC).RTF 2008- 002 Hermit, vesting shall not be allowed unless there is a valid approved preliminary plat for the project and shall not occur until submittal of a complete land development permit application (including full engineering plans) - - • . . . . :, . • . ., :. . • • ..:• . ... 2Upon issuance of a building permit, the final concurrency certificate shall remain valid for as long as the building permit is valid. (b) No concurrency certificate shall be issued unless there is sufficient capacity available to maintain adopted levels of service as provided in section 910.09. (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 910.12 are satisfied, the development project which is the subject 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 project. (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 project 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). (1) 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 minims criteria, or determinations that there will be no increase in density or intensity. Appeals of determinations shall follow the procedures of section 910.05. (2) The following are exempted from concurrency review: (a) Projects which have a vested rights determination pursuant to section 910.03; Bold Underline: Additions to Ordinance 2 Striarrike thfe Deleted Text from Existing Ordinance F:\Community Development\Users\CurDev\ORDINANCE\2008\2008-_ 910 (1-8-08BCC).RTF 2008- 002 Hermit, vesting shall not be allowed unless there is a valid approved preliminary plat for the project and shall not occur until submittal of a complete land development permit application (including full engineering plans) - - • . . . . :, . • . ., :. . • • ..:• . ... 2Upon issuance of a building permit, the final concurrency certificate shall remain valid for as long as the building permit is valid. (b) No concurrency certificate shall be issued unless there is sufficient capacity available to maintain adopted levels of service as provided in section 910.09. (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 910.12 are satisfied, the development project which is the subject 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 project. (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 project 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). (1) 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 minims criteria, or determinations that there will be no increase in density or intensity. Appeals of determinations shall follow the procedures of section 910.05. (2) The following are exempted from concurrency review: (a) Projects which have a vested rights determination pursuant to section 910.03; Bold Underline: Additions to Ordinance 2 Striarrike thfe Deleted Text from Existing Ordinance F:\Community Development\Users\CurDev\ORDINANCE\2008\2008-_ 910 (1-8-08BCC).RTF (3) 2008- 002 (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; (d) Replacement of existing residential units unless there is an increase in number of units; (e) Any development orders, including land use amendments and rezoning applications, which do not increase density or intensity of use:; and (1) 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 subject to a plat notice which states that there is no guarantee of 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. The designation of a single agency for coordinating each level of the concurrency review process is necessary to ensure that every concurrency application is reviewed in accordance with these regulations prior to the issuance of a development order. The community development department shall be responsible for coordinating the review of the development applications identified in section 910.07(1) and for approving or rejecting concurrency determinations. The community development director shall initiate the review process by review of an application for completeness and data sufficiency within three (3) days of receipt of the application. A copy of the complete application will then be forwarded to the evaluating agencies. Bold Underline: Additions to Ordinance 3 Strip Deleted Text from Existing Ordinance F:\Community Development\Users\CurDev\ORDINANCE\2008\2008-_ 910 (1-8-08BCC).RTF (3) 2008- 002 (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; (d) Replacement of existing residential units unless there is an increase in number of units; (e) Any development orders, including land use amendments and rezoning applications, which do not increase density or intensity of use:; and (1) 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 subject to a plat notice which states that there is no guarantee of 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. The designation of a single agency for coordinating each level of the concurrency review process is necessary to ensure that every concurrency application is reviewed in accordance with these regulations prior to the issuance of a development order. The community development department shall be responsible for coordinating the review of the development applications identified in section 910.07(1) and for approving or rejecting concurrency determinations. The community development director shall initiate the review process by review of an application for completeness and data sufficiency within three (3) days of receipt of the application. A copy of the complete application will then be forwarded to the evaluating agencies. Bold Underline: Additions to Ordinance 3 Strip Deleted Text from Existing Ordinance F:\Community Development\Users\CurDev\ORDINANCE\2008\2008-_ 910 (1-8-08BCC).RTF 2008- 002 Upon submission, each concurrency application will be placed in a queue Each application will then be evaluated in the order in which it was received. As each application is evaluated, the demand reflected by that application will be compared to the available capacity for each facility, as described in sections 910.08 910.09 and 910.11. As demand is allocated by approving applications, available capacity will be reduced. If any facility has insufficient capacity to accommodate a proposed application, the following will occur: (a) If the applicant has indicated on his application that he would accept less capacity than requested if available capacity is inadequate to accommodate his demand, then he will be allocated the remaining available capacity and the concurrency certificate will be conditioned on a comparable reduction in project size. (b) If the applicant has indicated on his application that he would not accept less capacity than requested if available capacity is inadequate to accommodate his demand, then his application request will be denied. (4) The following departments shall be responsible for evaluating the adequacy of existing and planned facilities with regard to concurrency applications: (5) (a) The utilities department shall evaluate solid waste levels of service; (b) The public works department shall evaluate roadway levels of service; (c) The public works department shall evaluate drainage levels of service; (d) The utilities department shall evaluate potable water levels of service; (e) The utilities department shall evaluate sanitary sewer levels of service; and (f) The community development department shall evaluate park levels of service. The evaluating agencies, within fifteen (15) days of receipt of the application from the community development department, shall provide the coordinating agency a letter or other instrument for each concurrency application. The evaluating agencies shall assess the level of service for all facilities which will be impacted by the proposed development, determine the extent of the impact generated by the proposed development, and determine whether those facilities have sufficient capacity to serve the development at, or above, adopted levels of service. The applicant shall meet all the requirements of the evaluating agencies in order to be eligible for approval of the concurrency application. No concurrency certificate will be approved until each evaluating agency is satisfied that sufficient capacity is available to accommodate the demand represented by the application. The applicant through an enforceable development agreement with the evaluating agency may mitigate deficiencies in order to satisfy the concurrency review. Bold Underline: Additions to Ordinance 4 Strike 13Feti, h Deleted Text from Existing Ordinance F:\Community Development\Users\CurDev\ORDINANCE\2008\2008- 910 (1-8-08BCC).RTF 2008- 002 Upon submission, each concurrency application will be placed in a queue Each application will then be evaluated in the order in which it was received. As each application is evaluated, the demand reflected by that application will be compared to the available capacity for each facility, as described in sections 910.08 910.09 and 910.11. As demand is allocated by approving applications, available capacity will be reduced. If any facility has insufficient capacity to accommodate a proposed application, the following will occur: (a) If the applicant has indicated on his application that he would accept less capacity than requested if available capacity is inadequate to accommodate his demand, then he will be allocated the remaining available capacity and the concurrency certificate will be conditioned on a comparable reduction in project size. (b) If the applicant has indicated on his application that he would not accept less capacity than requested if available capacity is inadequate to accommodate his demand, then his application request will be denied. (4) The following departments shall be responsible for evaluating the adequacy of existing and planned facilities with regard to concurrency applications: (5) (a) The utilities department shall evaluate solid waste levels of service; (b) The public works department shall evaluate roadway levels of service; (c) The public works department shall evaluate drainage levels of service; (d) The utilities department shall evaluate potable water levels of service; (e) The utilities department shall evaluate sanitary sewer levels of service; and (f) The community development department shall evaluate park levels of service. The evaluating agencies, within fifteen (15) days of receipt of the application from the community development department, shall provide the coordinating agency a letter or other instrument for each concurrency application. The evaluating agencies shall assess the level of service for all facilities which will be impacted by the proposed development, determine the extent of the impact generated by the proposed development, and determine whether those facilities have sufficient capacity to serve the development at, or above, adopted levels of service. The applicant shall meet all the requirements of the evaluating agencies in order to be eligible for approval of the concurrency application. No concurrency certificate will be approved until each evaluating agency is satisfied that sufficient capacity is available to accommodate the demand represented by the application. The applicant through an enforceable development agreement with the evaluating agency may mitigate deficiencies in order to satisfy the concurrency review. Bold Underline: Additions to Ordinance 4 Strike 13Feti, h Deleted Text from Existing Ordinance F:\Community Development\Users\CurDev\ORDINANCE\2008\2008- 910 (1-8-08BCC).RTF 2008- 002 (6) The coordinating agency will be responsible for compiling the level of service reviews into a concurrency report within five (5) days after receipt of the evaluating agencies' report for each concurrency application identified in section 910.08(2), except for final concurrency applications. Each concurrency report will document (a) The current land use and zoning designation, type and intensity of proposed use, and public facility availability upon which the reviews were based; (b) The specific facilities impacted by the proposed development; (c) The extent of the impact on those facilities by the proposed development; and (d) Conditions or stipulations regarding the timing and phasing of the development or provision of facility improvements necessary to ensure that adequate facilities will be available concurrent with the impact of the development. For each concurrency application review, the coordinating agency will be responsible for monitoring and enforcing any conditions and/or stipulations contained in previous concurrency determinations. This will be done in order to ensure that consistent concurrency review procedures are maintained and that unnecessary duplication as a result of different concurrency reviews is avoided. (7) SECTION #2: Section 910.08. Determination of concurrency, generally. (1) Consistent with comprehensive plan policies, the approval of development orders shall be contingent upon a finding that adequate public facilities are available, consistent with their adopted levels of service and concurrent with the impact of the proposed development. Such determination of concurrency made during the review of a concurrency application which is not an initial or final concurrency certificate does not guarantee that there will automatically be a finding of concurrency at subsequent steps in the process for a given property or a proposed development. However, a finding of concurrency made at the initial concurrency stage may be used as a basis for a finding of concurrency during the review of a final concurrency application provided that: (a) The previously approved concurrency determination remains in effect, as determined by the time limit imposed upon the concurrency certificate; (b) The impact of the proposed development under consideration was fully taken into account during the concurrency review and in the finding of concurrency associated with the previously approved concurrency certificate; (c) The conditions related to land uses and facility availability upon which the previous finding was based have not changed due to an act of nature or other situation out of the county's control; and Bold Underline: Additions to Ordinance Sole enghtt Deleted Text from Existing Ordinance F:\Community Development\Users\CurDev\ORDINANCE\2008\2008-_ 910 (1-8-08BCC).RTF 2008- 002 (6) The coordinating agency will be responsible for compiling the level of service reviews into a concurrency report within five (5) days after receipt of the evaluating agencies' report for each concurrency application identified in section 910.08(2), except for final concurrency applications. Each concurrency report will document (a) The current land use and zoning designation, type and intensity of proposed use, and public facility availability upon which the reviews were based; (b) The specific facilities impacted by the proposed development; (c) The extent of the impact on those facilities by the proposed development; and (d) Conditions or stipulations regarding the timing and phasing of the development or provision of facility improvements necessary to ensure that adequate facilities will be available concurrent with the impact of the development. For each concurrency application review, the coordinating agency will be responsible for monitoring and enforcing any conditions and/or stipulations contained in previous concurrency determinations. This will be done in order to ensure that consistent concurrency review procedures are maintained and that unnecessary duplication as a result of different concurrency reviews is avoided. (7) SECTION #2: Section 910.08. Determination of concurrency, generally. (1) Consistent with comprehensive plan policies, the approval of development orders shall be contingent upon a finding that adequate public facilities are available, consistent with their adopted levels of service and concurrent with the impact of the proposed development. Such determination of concurrency made during the review of a concurrency application which is not an initial or final concurrency certificate does not guarantee that there will automatically be a finding of concurrency at subsequent steps in the process for a given property or a proposed development. However, a finding of concurrency made at the initial concurrency stage may be used as a basis for a finding of concurrency during the review of a final concurrency application provided that: (a) The previously approved concurrency determination remains in effect, as determined by the time limit imposed upon the concurrency certificate; (b) The impact of the proposed development under consideration was fully taken into account during the concurrency review and in the finding of concurrency associated with the previously approved concurrency certificate; (c) The conditions related to land uses and facility availability upon which the previous finding was based have not changed due to an act of nature or other situation out of the county's control; and Bold Underline: Additions to Ordinance Sole enghtt Deleted Text from Existing Ordinance F:\Community Development\Users\CurDev\ORDINANCE\2008\2008-_ 910 (1-8-08BCC).RTF 2008- 002 (d) All conditions or stipulations regarding the timing or phasing of the development or the provision of facility improvement by either the developer or the county imposed on the previously approved development order have been satisfied. (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 the following types of development orders: • Comprehensive plan land use amendments • Rezonings • Conceptual plans • Preliminary plats and preliminary PD plans • Site plans 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. 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. 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. 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. 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: Bold Underline: Additions to Ordinance 6 Str'+1e-thr-eught Deleted Text from Existing Ordinance F:\Community Development\Users\CurDev\ORDINANCE\2008\2008- 910 (1-8-08BCC).RTF 2008- 002 (d) All conditions or stipulations regarding the timing or phasing of the development or the provision of facility improvement by either the developer or the county imposed on the previously approved development order have been satisfied. (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 the following types of development orders: • Comprehensive plan land use amendments • Rezonings • Conceptual plans • Preliminary plats and preliminary PD plans • Site plans 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. 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. 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. 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. 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: Bold Underline: Additions to Ordinance 6 Str'+1e-thr-eught Deleted Text from Existing Ordinance F:\Community Development\Users\CurDev\ORDINANCE\2008\2008- 910 (1-8-08BCC).RTF 2008- 002 For conceptual plans, the conditional concurrency determination will be based upon the development parameters of the conceptual plan (includes PD rezonings). (b) Initial Concurrency Determination. An initial (or an initial/final) concurrency certificate is a determination and guarantee of availability of adequate capacity for an approved development project with an approved proportionate share agreement as provided in section 910.12, or an approved development project with an approved guaranteed developer s agreement for major roadway improvements as provided in section 910.07(1)(e). Initial concurrency certificates for such projects shall be issued with a duration of 7 (seven) years. All other initial concurrency certificates shall be issued with a duration of 1 (one) year or 3 (three) years. Initial concurrency certificates vest capacity for the duration of the certificate, either 1 (one) year, 3 (three) years or 7 (seven) years. 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. Prior to approval and issuance 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 valid for seven 7 years after approval. At the time of initial concurrency application submittal, the applicant shall signs a waiver of rights for the refund of impact fees and utility capacity charges for the initial -7 year concurrency certificate. Such waiver is also required for three (3) year initial concurrency certificates. No such waiver is required for one (1) year initial concurrency certificates. Bold Underline: Additions to Ordinance 7 &filfe-tough: Deleted Text from Existing Ordinance F:\Community Development\Users\CurDev\ORDINANCE\2008\2008-_ 910 (1-8-08BCC).RTF For Project's Intensity Measured By Residential conceptual projects, residential rezonings, or residential land use amendments (Maximum number of SF or MF units allowed per acre based upon the proposed zoning or land use designation) x Total Property Acres General commercial or office conceptual projects, comprehensive plan amendments to C/I without rezoning, or rezonings to PRO, OCR, MED, CN, CL, CG (10,000 sq. ft. of gross floor acre per acre of retail commercial) x Total Property Acres Heavy commercial or industrial conceptual projects, or rezonings to CH, IL, IG (20,000 sq. ft. of gross floor area per acre of general industrial) x Total Property Acres For conceptual plans, the conditional concurrency determination will be based upon the development parameters of the conceptual plan (includes PD rezonings). (b) Initial Concurrency Determination. An initial (or an initial/final) concurrency certificate is a determination and guarantee of availability of adequate capacity for an approved development project with an approved proportionate share agreement as provided in section 910.12, or an approved development project with an approved guaranteed developer s agreement for major roadway improvements as provided in section 910.07(1)(e). Initial concurrency certificates for such projects shall be issued with a duration of 7 (seven) years. All other initial concurrency certificates shall be issued with a duration of 1 (one) year or 3 (three) years. Initial concurrency certificates vest capacity for the duration of the certificate, either 1 (one) year, 3 (three) years or 7 (seven) years. 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. Prior to approval and issuance 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 valid for seven 7 years after approval. At the time of initial concurrency application submittal, the applicant shall signs a waiver of rights for the refund of impact fees and utility capacity charges for the initial -7 year concurrency certificate. Such waiver is also required for three (3) year initial concurrency certificates. No such waiver is required for one (1) year initial concurrency certificates. Bold Underline: Additions to Ordinance 7 &filfe-tough: Deleted Text from Existing Ordinance F:\Community Development\Users\CurDev\ORDINANCE\2008\2008-_ 910 (1-8-08BCC).RTF 2008- 002 For conceptual plans, the conditional concurrency determination will be based upon the development parameters of the conceptual plan (includes PD rezonings). (b) Initial Concurrency Determination. An initial (or an initial/final) concurrency certificate is a determination and guarantee of availability of adequate capacity for an approved development project with an approved proportionate share agreement as provided in section 910.12, or an approved development project with an approved guaranteed developer s agreement for major roadway improvements as provided in section 910.07(1)(e). Initial concurrency certificates for such projects shall be issued with a duration of 7 (seven) years. All other initial concurrency certificates shall be issued with a duration of 1 (one) year or 3 (three) years. Initial concurrency certificates vest capacity for the duration of the certificate, either 1 (one) year, 3 (three) years or 7 (seven) years. 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. Prior to approval and issuance 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 valid for seven 7 years after approval. At the time of initial concurrency application submittal, the applicant shall signs a waiver of rights for the refund of impact fees and utility capacity charges for the initial -7 year concurrency certificate. Such waiver is also required for three (3) year initial concurrency certificates. No such waiver is required for one (1) year initial concurrency certificates. Bold Underline: Additions to Ordinance 7 &filfe-tough: Deleted Text from Existing Ordinance F:\Community Development\Users\CurDev\ORDINANCE\2008\2008-_ 910 (1-8-08BCC).RTF For Project's Intensity Measured By Residential conceptual projects, residential rezonings, or residential land use amendments (Maximum number of SF or MF units allowed per acre based upon the proposed zoning or land use designation) x Total Property Acres General commercial or office conceptual projects, comprehensive plan amendments to C/I without rezoning, or rezonings to PRO, OCR, MED, CN, CL, CG (10,000 sq. ft. of gross floor acre per acre of retail commercial) x Total Property Acres Heavy commercial or industrial conceptual projects, or rezonings to CH, IL, IG (20,000 sq. ft. of gross floor area per acre of general industrial) x Total Property Acres For conceptual plans, the conditional concurrency determination will be based upon the development parameters of the conceptual plan (includes PD rezonings). (b) Initial Concurrency Determination. An initial (or an initial/final) concurrency certificate is a determination and guarantee of availability of adequate capacity for an approved development project with an approved proportionate share agreement as provided in section 910.12, or an approved development project with an approved guaranteed developer s agreement for major roadway improvements as provided in section 910.07(1)(e). Initial concurrency certificates for such projects shall be issued with a duration of 7 (seven) years. All other initial concurrency certificates shall be issued with a duration of 1 (one) year or 3 (three) years. Initial concurrency certificates vest capacity for the duration of the certificate, either 1 (one) year, 3 (three) years or 7 (seven) years. 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. Prior to approval and issuance 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 valid for seven 7 years after approval. At the time of initial concurrency application submittal, the applicant shall signs a waiver of rights for the refund of impact fees and utility capacity charges for the initial -7 year concurrency certificate. Such waiver is also required for three (3) year initial concurrency certificates. No such waiver is required for one (1) year initial concurrency certificates. Bold Underline: Additions to Ordinance 7 &filfe-tough: Deleted Text from Existing Ordinance F:\Community Development\Users\CurDev\ORDINANCE\2008\2008-_ 910 (1-8-08BCC).RTF 2008- 002 2. Prior to expiration of an initial concurrency certificate, the developer may apply for a new initial concurrency certificate subject 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. (c) Notice Required for New Single-family Platted Lots. When a final plat application is filed to create single-family lots, the following notice shall appear on the face of the final plat: "No building permit will be issued for development of any lot or tract unless and until an initial and final concurrency certificate for development of the lot or tract is obtained. Indian River County does not guarantee that adequate capacity will exist at the time when an applicant or applicant's successor chooses to apply for and obtain a concurrency certificate." In addition to the notice on the face of the final plat, a separate but similar off - plat notice shall be prepared by the final plat applicant in a manner approved by the county attorney's office. The applicant shall have the off -plat notice recorded in the Indian River County public records at the time that the final plat is recorded. A copy of the off -plat notice shall be attached to and recorded as an exhibit to the first deed that conveys each lot or tract to a party other than the subdivision developer. This deed exhibit requirement shall not apply to any lot or tract conveyed with a single-family residential unit already constructed on the lot at the time of conveyance. Final Concurrency Determination. A final concurrency certificate must be obtained prior to issuance of a building permit for: • a new building or residential unit • expansion of a use • increase in the intensity of use. No final concurrency application will be accepted unless and until the associated building permit application is filed. 1. In order to obtain a 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. 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. If the amount of the impact fees associated with the improvements represented by the initial concurrency certificate increases before the final concurrency certificate is issued, the Bold Underline: Additions to Ordinance 8 &14licaugh: Deleted Text from Existing Ordinance F:\Community Development\Users\CurDev\ORDINANCE\2008\2008-_ 910 (1-8-08BCC).RTF 2008- 002 2. Prior to expiration of an initial concurrency certificate, the developer may apply for a new initial concurrency certificate subject 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. (c) Notice Required for New Single-family Platted Lots. When a final plat application is filed to create single-family lots, the following notice shall appear on the face of the final plat: "No building permit will be issued for development of any lot or tract unless and until an initial and final concurrency certificate for development of the lot or tract is obtained. Indian River County does not guarantee that adequate capacity will exist at the time when an applicant or applicant's successor chooses to apply for and obtain a concurrency certificate." In addition to the notice on the face of the final plat, a separate but similar off - plat notice shall be prepared by the final plat applicant in a manner approved by the county attorney's office. The applicant shall have the off -plat notice recorded in the Indian River County public records at the time that the final plat is recorded. A copy of the off -plat notice shall be attached to and recorded as an exhibit to the first deed that conveys each lot or tract to a party other than the subdivision developer. This deed exhibit requirement shall not apply to any lot or tract conveyed with a single-family residential unit already constructed on the lot at the time of conveyance. Final Concurrency Determination. A final concurrency certificate must be obtained prior to issuance of a building permit for: • a new building or residential unit • expansion of a use • increase in the intensity of use. No final concurrency application will be accepted unless and until the associated building permit application is filed. 1. In order to obtain a 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. 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. If the amount of the impact fees associated with the improvements represented by the initial concurrency certificate increases before the final concurrency certificate is issued, the Bold Underline: Additions to Ordinance 8 &14licaugh: Deleted Text from Existing Ordinance F:\Community Development\Users\CurDev\ORDINANCE\2008\2008-_ 910 (1-8-08BCC).RTF 2008-002 applicant must pay the additional increment. A final concurrency certificate is valid for twelve (12) months from approval 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 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. SECTION #3: 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 #4: 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. SECTION #5: 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 #6: EFFECTIVE DATE. This Ordinance shall take effect on JANVAgY 17 200 fl . Approved and adopted by the Board of County Commissioners of Indian River County, Florida, on this 8th day of January , 2008. This ordinance was advertised in the Press -Journal on the 26th day of November 2007, for a public hearing held on the 11 th day of December , 2007, at which time the public hearing was opened and continued to January 8, 2008, at which time it was moved for adoption by Commissioner Gary C. Wheel er , seconded by Commissioner Joseph E. Flescher , and adopted by the following vote: Bold Underline: Additions to Ordinance 9 St f.'.. Deleted Text from Existing Ordinance F:\Community Development\Users\CurDev\ORDINANCE\2008\2008-_ 910 (1-8-08BCC).RTF 2008-002 applicant must pay the additional increment. A final concurrency certificate is valid for twelve (12) months from approval 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 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. SECTION #3: 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 #4: 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. SECTION #5: 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 #6: EFFECTIVE DATE. This Ordinance shall take effect on JANVAgY 17 200 fl . Approved and adopted by the Board of County Commissioners of Indian River County, Florida, on this 8th day of January , 2008. This ordinance was advertised in the Press -Journal on the 26th day of November 2007, for a public hearing held on the 11 th day of December , 2007, at which time the public hearing was opened and continued to January 8, 2008, at which time it was moved for adoption by Commissioner Gary C. Wheel er , seconded by Commissioner Joseph E. Flescher , and adopted by the following vote: Bold Underline: Additions to Ordinance 9 St f.'.. Deleted Text from Existing Ordinance F:\Community Development\Users\CurDev\ORDINANCE\2008\2008-_ 910 (1-8-08BCC).RTF 2008-002 Chairman Sandra L Bowden Vice Chairman Wesley S. Davis Commissioner Joseph E Flescher Commissioner Gary C. Wheeler Commissioner Peter D. O'Bryan Aye Aye Aye Aye Aye BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY Sandra L Bowden, Chairman BY• ATTEST BY• Jeffrey K. Barton, Clerk This ordinance was filed with the Department of State on the following date $A N t/A Ry 17, Looe, and is to take effect on ;TAN v,4p.y 17, ao, 8 APPROVED AS TO FORM AND LEGAL SUFFICIENCY William G. Collins II, County Attorney APPROVED AS TO PLANNING MATTERS Robert M. ' eating, AI P evelopment Director Bold Underline: Additions to Ordinance 10 StfilEe4hreught Deleted Text from Existing Ordinance F:\Community Development\Users\CurDev\ORDINANCE\2008\2008-_ 910 (1-8-08BCC).RTF 1 2008-002 Chairman Sandra L. Bowden Vice Chairman Wesley S. Davis Commissioner Joseph E. Flescher Commissioner Gary C. Wheeler Commissioner Peter D. O'Bryan Aye Aye Aye Aye BOARD OF COUNTY COMMISSIONERS, n'= OF INDIAN RIVERCOUN'CY =t ` BY: Sandra L. Bowden,Chairman'» ATTEST BY: Jeffrey K. This ordinance was filed with the Department of State on the and is to take effect on :TAN v 4fZy «7 g 8 APPROVED AS TO FORM AND LEGAL SUFFICIENCY tAila."4-C William G. Collins 11, County Attorney APPROVED AS TO PLANNING MATTERS r Robert M. eating, AI I velopment Director Barton, Clerk following date . ANF>/ARY 17, 2008 Bold Underline: Additions to Ordinance Strike tMwoagl3e Deleted Text from Existing Ordinance I'.ACori 'unity DevelopmentVUsersVCurDevAORDINANCE.A200R\2008-910 (I-R-0R13CC).12IY 10 1 2008-002 Chairman Sandra L. Bowden Vice Chairman Wesley S. Davis Commissioner Joseph E. Flescher Commissioner Gary C. Wheeler Commissioner Peter D. O'Bryan Aye Aye Aye Aye BOARD OF COUNTY COMMISSIONERS, n'= OF INDIAN RIVERCOUN'CY =t ` BY: Sandra L. Bowden,Chairman'» ATTEST BY: Jeffrey K. This ordinance was filed with the Department of State on the and is to take effect on :TAN v 4fZy «7 g 8 APPROVED AS TO FORM AND LEGAL SUFFICIENCY tAila."4-C William G. Collins 11, County Attorney APPROVED AS TO PLANNING MATTERS r Robert M. eating, AI I velopment Director Barton, Clerk following date . ANF>/ARY 17, 2008 Bold Underline: Additions to Ordinance Strike tMwoagl3e Deleted Text from Existing Ordinance I'.ACori 'unity DevelopmentVUsersVCurDevAORDINANCE.A200R\2008-910 (I-R-0R13CC).12IY 10